Phone: (920)869-2214 (2016)

Tribal code

Ask Donna

What actually matters in this document.

Text

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Meeting Materials September 28, 2016

Open Session

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that

the following 575 pages are the Open Session meeting materials presented at a meeting

duly called, noticed and held on the 28th day of September, 2016.

____________________________

Lisa Summers, Tribal Secretary

Oneida Business Committee

Open Meeting Packet

Page 1 of 369

Oneida Business Committee

Executive Session

9:00 a.m. Tuesday, September 27, 2016

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

9:00 a.m. Wednesday, September 28, 2016

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/

I.

CALL TO ORDER AND ROLL CALL

II.

OPENING

A. Presentation of grant award to Pulaski School District for Oneida Language class

Sponsor:

Lisa Summers, Tribal Secretary

III.

ADOPT THE AGENDA

IV.

OATHS OF OFFICE

A. Oneida Child Protective Board – Melinda K. Danforth and Wesley Martin Jr.

V.

(pp.8-9)

MINUTES

A. Approve September 14, 2016, regular meeting minutes

Sponsor:

VI.

(pp. 6-7)

Lisa Summers, Tribal Secretary

(pp. 10-25)

RESOLUTIONS

A. Adopt resolution titled Extending Multi-Year Funding Agreement (MYFA) – Oneida Nation

and U.S. Dept. of the Interior’s Bureau of Indian Affairs (DOI/BIA) – Calendar Years 2017

through 2021

Sponsor: Chris John, Coordinator/Self-Governance

(pp. 26-57)

B. Adopt resolution titled Assignment of Return on Investment from Oneida Total Integrated

Enterprises to Economic Development and Diversification

Sponsor: Lisa Summers, Tribal Secretary

Oneida Business Committee Regular Meeting Agenda of September 28, 2016

Page 1 of 5

(p. 58)

Open Meeting Packet

VII.

Page 2 of 369

STANDING COMMITTEES

A. Legislative Operating Committee

Sponsor:

Councilman Brandon Stevens, Chair

1. Accept Legislative Operating Committee FY ’16 3rd quarter report

(pp. 59-61)

2. Accept September 21, 2016, Legislative Operating Committee meeting minutes

(pp. 62-64)

B. Finance Committee

Sponsor:

Tribal Treasurer Trish King, Chair

1. Accept Finance Committee FY ’16 3rd quarter report

(pp. 65-72)

2. Approve September 19, 2016, Finance Committee meeting minutes

(pp. 73-79)

3. Approve recommendations regarding request for procedural exception to the Asset

Disposal Policy

(pp. 80-87)

C. Community Development Planning Committee

Sponsor:

Vice-Chairwoman Melinda J. Danforth, Chair

1. Accept Community Development Planning Committee FY ’16 3rd quarter report

(pp. 88-91)

D. Quality of Life Committee

Sponsor:

Councilwoman Fawn Billie, Chair

1. Accept Quality of Life Committee FY ’16 3rd quarter report (Report Not Submitted)

VIII.

2. Accept June 9, 2016, Quality of Life Committee meeting minutes

(pp. 92-94)

3. Accept July 14, 2016, Quality of Life Committee meeting minutes

(pp. 95-96)

STANDING ITEMS

A. Review update regarding Work Plan for Cemetery Improvements project # 14-002 and

approve recommendations (This item is scheduled to begin at 10:00 a.m.)

Sponsor: James Petitjean, Interim Assistant Division Director/Development

IX.

(pp. 97-256)

UNFINISHED BUSINESS

A. Review update regarding Environmental Health & Safety FY ’16 3rd quarter report

(pp. 257-283)

(This item is scheduled to begin at 11:00 a.m.)

Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety

EXCERPT FROM AUGUST 24, 2016: Motion by Melinda J. Danforth to approve the Tribal Member’s

request for information; to request the Division Director of Environmental Health & Safety to bring back

a report to the September 28, 2016, regular Business Committee meeting; and to request all appropriate

parties relative to that report to be present for the discussion, seconded by Tehassi Hill. Motion carried

with one opposed.

Oneida Business Committee Regular Meeting Agenda of September 28, 2016

Page 2 of 5

Open Meeting Packet

X.

Page 3 of 369

TABLED BUSINESS

A. Accept update and approve recommendations regarding Oneida Sacred Burial Grounds

(pp. 284-294)

(This item is scheduled to begin at 10:30 a.m.)

Sponsor: Brandon Stevens, Councilman

EXCERPT FROM AUGUST 24, 2016: Motion by Lisa Summers to table this item until after the

September 28, 2016, regular Business Committee meeting so that we have more information before us,

seconded by Brandon Stevens. Motion carried unanimously.

EXCERPT FROM JUNE 8, 2016: Motion by Lisa Summers to accept the information in the

memorandum from the Trust Department dated May 31, 2016, as information, noting there have been

two (2) identified alternative sites for a cemetery should the need arise and to send this item to the next

available Officers’ meeting for continued follow-up with the overall cemetery work plan, seconded by

Tehassi Hill. Motion carried unanimously.

EXCERPT FROM MARCH 9, 2016: (1) Motion by Tehassi Hill to accept the presentation regarding the

Oneida Sacred Burial Grounds per GTC Directive, seconded by Trish King. Motion carried unanimously.

(2) Amendment to the main motion by Tehassi Hill to request an update at the first regular Business

Committee meeting in June regarding potential locations of the cemetery, seconded by Trish King.

Motion carried unanimously.

XI.

NEW BUSINESS

A. Approve Gannett Publishing Services – contract # 2016-0967

Sponsor:

Joanie Buckley, Division Director/Internal Services

(pp. 295-300)

B. Approve limited waiver of sovereign immunity – Carl Zeiss Meditech, Inc. – contract #

2016-0804

Sponsor: Debra Danforth, Division Director/Comprehensive Health Operations

XII.

(pp. 301-310)

REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.)

A. Unfinished Reports

1. Accept Oneida Golf Enterprise FY ’16 3rd quarter report

(pp. 311-316)

(1:30 p.m. – 1:45 p.m.)

Agent:

Janice Hirth-Skenandore

Liaison:

Trish King, Tribal Treasurer

EXCERPT FROM SEPTEMBER 14, 2016: Motion by Lisa Summers to defer the Oneida Golf

Enterprise FY ’16 3rd quarter report to September 28, 2016, regular Business Committee meeting,

seconded by Tehassi Hill. Motion carried unanimously.

B. Operational Reports

1. Accept Oneida Retail Enterprise FY ’16 3rd quarter report

(pp. 317-332)

(1:45 p.m. – 2:05 p.m.)

Sponsor:

Michele Doxtator, Area Manager/Retail Profits

C. Boards, Committees, and Commissions

1. Determine appropriate next steps regarding Oneida Personnel Commission FY ’16 2nd

quarter report

(2:05 p.m. – 2:10 p.m.)

Sponsors:

Lisa Summers, Tribal Secretary; David Jordan, Councilman

Oneida Business Committee Regular Meeting Agenda of September 28, 2016

Page 3 of 5

(pp. 333-339)

Open Meeting Packet

Page 4 of 369

2. Accept Personnel Commission FY ’16 3rd quarter report

(pp. 340-365)

(2:15 p.m. – 2:30 p.m.)

Chair:

Yvonne Jourdan

Liaison:

Lisa Summers, Tribal Secretary

3. Accept Land Commission FY ’16 3rd quarter report

(pp. 366-368)

(2:30 p.m. – 2:45 p.m.)

Chair:

Rae Skenandore

Liaison:

Tehassi Hill, Councilman

XIII.

GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC

Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card)

A. Approve notice, agenda, and supplemental materials for the 2nd reconvened Semi-Annual

General Tribal Council meeting scheduled on October 30, 2016

Sponsor:

Lisa Summers, Tribal Secretary

XIV.

(pp. 369-547)

EXECUTIVE SESSION

A. Unfinished Reports

1. Accept Oneida Golf Enterprise FY ’16 3rd quarter report

(pp. 548-561)

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

Agent:

Janice Hirth-Skenandore

Liaison:

Trish King, Tribal Treasurer

EXCERPT FROM SEPTEMBER 14, 2016: Motion by Lisa Summers to defer the Oneida Golf

Enterprise FY ’16 3rd quarter report to September 28, 2016, regular Business Committee meeting,

seconded by Tehassi Hill. Motion carried unanimously.

B. Reports

1. Accept Oneida Retail Enterprise FY ’16 3rd quarter report

(pp. 562-587)

(10:00 a.m. – 10:30 a.m.)

Sponsor:

Michele Doxtator, Area Manager/Retail Profits

2. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager

(pp. 588-655)

(10:30 a.m. – 11:00 a.m.)

3. Accept Intergovernmental Communications and Affairs report – Nathan King, Director/

Intergovernmental Affairs and Communications

4. Accept Chief Counsel report – Jo Anne House, Chief Counsel

(pp. 656-664)

(pp. 665-666)

C. Standing Items

1. Land Claims Strategy (No Requested Action)

2. Oneida Golf Enterprise – Ladies Professional Golf Association

(9:30 a.m. – 10:00 a.m.)

Sponsor:

Trish King, Tribal Treasurer

Oneida Business Committee Regular Meeting Agenda of September 28, 2016

Page 4 of 5

(pp. 667-678)

Open Meeting Packet

Page 5 of 369

D. Audit Committee

Sponsor:

Councilman Tehassi Hill, Chair

1. Accept Audit Committee FY ’16 3rd quarter report

E.

(pp. 679-681)

New Business

1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic

Voting:

Sponsor:

Lisa Summers, Tribal Secretary

a. Approved request to authorize Oneida Law Office to file declaratory and injunctive

relief in federal courts prohibiting Village of Hobart from interfering with Oneida

Applefest

Requestor:

Jo Anne House, Chief Counsel

(pp. 682-689)

b. Approved Legislative Reference Office staff attorney contacts # 2016-1006 and

# 2016-1007

Requestor:

Jo Anne House, Chief Counsel

(pp. 690-713)

2. Accept update regarding complaint # 2016-DR07-07

(pp. 714-725)

3. Approve request for an investigation into the release of confidential information

(pp. 726-729)

4. Approve Family Court Judge contract

(pp.730-737)

Sponsor:

Sponsor:

Sponsor:

Lisa Summers, Tribal Secretary

Lisa Summers, Tribal Secretary

Melinda J. Danforth, Tribal Vice-Chairwoman

5. Review options regarding expiration of additional duties compensation of Division

Director of Land Management position and determine appropriate next steps

(pp. 738-739)

(This item is scheduled to begin at 1:30 p.m.)

Sponsors:

Melinda J. Danforth, Tribal Vice-Chairwoman; Lisa Summers, Tribal Secretary

XV.

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:30 p.m., Friday, September 23, 2016, pursuant to the

Open Records and Open Meetings Law, section 7.17-1.

The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website

at: https://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 of September 28, 2016

Page 5 of 5

II. OPENING

A. Presentation of grant award to Pulaski School District for Oneida Language class

Sponsor: Lisa Summers, Tribal Secretary

Item deleted at adoption of the agenda.

Open Meeting Packet

Page 8 of 369

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

09 / 28 / 16

2. General Information:

Session:

Open

Agenda Header:

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

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Melinda K. Danforth and Wesley Martin Jr. to the Oneida Child Protective Board.

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Kathleen M. Metoxen, Executive Tribal Clerk

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Open Meeting Packet

Page 9 of 369

Oneida Business Committee Agenda Request

6. Cover Memo:

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

***Background: The following action was taken at the August 24 and September 14, 2016 Business Committee

meeting:

Approve recommendation to appoint Melinda K. Danforth and Wesley Martin Jr. to Child Protective Board

Sponsor: Tina Danforth, Tribal Chairwoman

Excerpt from August 24, 2016:

Motion by Jennifer Webster to defer the recommendation to appoint Melinda K. Danforth and Wesley Martin Jr.

to Child Protective Board to the September 14, 2016, regular Business Committee meeting, seconded by Lisa

Summers. Motion carried with two opposed and one abstention:

Ayes: Tehassi Hill, Lisa Summers, Jennifer Webster

Opposed: David Jordan, Brandon Stevens

Abstained: Melinda J. Danforth

Not Present: Fawn Billie, Trish King

Excerpt from September 14, 2016:

Motion by David Jordan to approve the recommendation to appoint Melinda K. Danforth and Wesley Martin Jr.

to the Child Protective Board, seconded by Fawn Billie. Motion carried unanimously:

Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present: Melinda J. Danforth

***Action Requested: Administer Oath of Office for Melinda K. Danforth and Wesley Martin Jr.

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

Open Meeting Packet

Page 10 of 369

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

09 / 28 / 16

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:

Approve September 14, 2016, regular meeting minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. September 14, 2016, regular meeting minutes

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Submitted by: Heather Heuer, 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

Open Meeting Packet

Page 11 of 369

DRAFT

Oneida Business Committee

Executive Session

9:00 a.m. Tuesday, September 13, 2016

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

9:00 a.m. Wednesday, September 14, 2016

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes - DRAFT

EXECUTIVE SESSION

Present: Chairwoman Tina Danforth, Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Secretary Lisa

Summers, Council members: Fawn Billie, David Jordan, Brandon Stevens, Jennifer Webster;

Not Present: ;

Arrived at: Councilman Tehassi Hill at 9:04 a.m.;

Others present: Jo Anne House, Larry Barton, Pete King III, Becky Demmith, RaLinda Ninham-Lamberies;

REGULAR MEETING

Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members: Fawn

Billie, Tehassi Hill, David Jordan, Jennifer Webster;

Not Present: ;

Arrived at: Vice-Chairwoman Melinda J. Danforth at 1:30 p.m.; Councilman Brandon Stevens at 9:03 a.m.;

Others present: Brad Graham, Bill Graham, Jo Anne House, Heather Heuer, Loretta Metoxen, Gina Buenrostro,

Chaz Wheelock, Jen Falck, Clorissa Santiago, Danelle Wilson, Susan White Twylite Moore, Beverly Anderson,

Peter Stevens, Leland Wigg-Ninham, Erick Krawczyk, Jennifer Hill, Teresa Schuman, Larry Barton, Nancy

Barton, Susan White, Leyne Orosco, Jessica Wallenfang, Rhiannon Metoxen, Dawn Moon-Kopetsky, Dianne

McLester-Heim, Kaylynn Gresham, Wes Martin Jr., Lisa Liggins, Cheryl Stevens, Lou Ann Green, Dale Wheelock,

Chris Johns, Ed Delgado, Pete King III, Butch Rentmeester, Jackie Zalim, Dianne Zubella;

I.

CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 9:01 a.m.

II.

OPENING by Councilman Tehassi Hill

Councilman Brandon Stevens arrives at 9:03 a.m.

III.

ADOPT THE AGENDA (00:03:44)

Motion by David Jordan to adopt the agenda with the following change: [Delete item 15.D.08. Approve request to

direct Retail Profit Manager to sign updated job description], seconded by Lisa Summers. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016

Page 1 of 15

Open Meeting Packet

IV.

V.

Page 12 of 369

DRAFT

OATHS OF OFFICE (00:05:13) administered by Secretary Lisa Summers

A.

Oneida Police Commission – Twylite Moore and Beverly Anderson

B.

Oneida Library Board – Jennifer Hill

C.

Southeastern Oneida Tribal Advisory Board – Peter Stevens

D.

Oneida Pow Wow Committee – Teresa Schuman

E.

Oneida Personnel Commission – Leland Wigg-Ninham, Erick Krawczyk, and Jennifer Hill

F.

Oneida Land Claims Commission – Charles Wheelock

G.

Oneida Trust/Enrollment Committee – Loretta Metoxen

MINUTES (00:10:34)

A.

Approve August 16, 2016, special meeting minutes

Sponsor: Lisa Summers, Tribal Secretary

Motion by David Jordan to approve the August 16, 2016, special meeting minutes, seconded by Tehassi Hill.

Motion carried with two abstentions:

Ayes:

Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers

Abstained:

Fawn Billie, Jennifer Webster

Not Present:

Melinda J. Danforth

Secretary Lisa Summers departs at 9:14 a.m.

B.

Approve August 24, 2016, regular/August 29, 2016, reconvened meeting minutes

Sponsor: Lisa Summers, Tribal Secretary

Motion by David Jordan to approve the August 24, 2016, regular/August 29, 2016, reconvened meeting minutes,

seconded by Tehassi Hill. Motion carried with one abstention:

Ayes:

Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster

Abstained:

Fawn Billie

Not Present:

Melinda J. Danforth, Lisa Summers

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016

Page 2 of 15

Open Meeting Packet

VI.

RESOLUTIONS (00:14:21)

Page 13 of 369

DRAFT

Secretary Lisa Summers returns at 9:16 a.m.

A.

Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting:

Sponsor: Lisa Summers, Tribal Secretary

1. Two (2) approved requests regarding the adoption of BC resolution # 08-17-16-A

Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support

of Standing Rock Sioux Tribe

Requestor:

Brandon Stevens, Councilman

Motion by David Jordan to enter the E-Poll results into the record in accordance with BC SOP Conducting

Electronic Voting: two (2) approved requests regarding the adoption of BC resolution # 08-17-16-A Oneida

Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe,

seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

B.

Adopt resolution titled Rules of Decorum for General Tribal Council Meetings

Sponsor: Lisa Summers, Tribal Secretary

Motion by Lisa Summers to adopt resolution # 09-14-16-A Rules of Decorum for General Tribal Council Meetings,

seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Motion by Lisa Summers to support the requested logistical changes in the designated meeting area including the

moving of the registration tables as needed; eliminating the smoking area; and stopping Radisson food service

two (2) hours after the published meeting start time, seconded by Brandon Stevens. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

VII.

APPOINTMENTS (1:00:53)

A.

Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting:

Sponsor: Lisa Summers, Tribal Secretary

1. Approved request to support the nomination of Debra Danforth to the National Institutes

of Health’s Tribal Consultation Advisory Committee

Requestor:

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by Jennifer Webster to enter the E-Poll results into the record in accordance with BC SOP Conducting

Electronic Voting: approved request to support the nomination of Debra Danforth to the National Institutes of

Health’s Tribal Consultation Advisory Committee, seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016

Page 3 of 15

Open Meeting Packet

VIII.

STANDING COMMITTEES (1:04:55)

A.

Page 14 of 369

DRAFT

Finance Committee

Sponsor: Tribal Treasurer Trish King, Chair

1. Approve September 8, 2016, Finance Committee meeting minutes

Motion by David Jordan to approve the September 8, 2016, Finance Committee meeting minutes, seconded by

Jennifer Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

IX.

GENERAL TRIBAL COUNCIL (1:05:22)

A.

Determine next steps for the 2nd reconvened 2016 semi-annual General Tribal Council meeting

agenda and requested reports

Sponsor: Lisa Summers, Tribal Secretary

Motion by David Jordan to schedule the 2nd reconvened 2016 semi-annual General Tribal Council meeting on

Sunday, October 30, 2016, at 1:00 p.m., seconded by Jennifer Webster. Motion carried with two abstentions:

Ayes:

Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster

Abstained:

Fawn Billie, Lisa Summers

Not Present:

Melinda J. Danforth

B.

Approve 2017 Semi-Annual General Tribal Council meeting date and time

Sponsor: Lisa Summers, Tribal Secretary

Motion by David Jordan to schedule the 2017 Semi-Annual General Tribal Council meeting on Monday, July 17,

2017, at 6:00 p.m., seconded by Jennifer Webster. Motion carried with two opposed and one abstention:

Ayes:

Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster

Opposed:

Fawn Billie, Lisa Summers

Abstained:

Trish King

Not Present:

Melinda J. Danforth

X.

UNFINISHED BUSINESS (1:19:10)

A.

Approve recommendation to appoint Melinda K. Danforth and Wesley Martin Jr. to Child

Protective Board

Sponsor: Tina Danforth, Tribal Chairwoman

EXCERPT FROM AUGUST 24, 2016: Motion by Jennifer Webster to defer the recommendation to

appoint Melinda K. Danforth and Wesley Martin Jr. to the Child Protective Board to the September 14,

2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried with two

opposed and one abstention.

Motion by David Jordan to approve the recommendation to appoint Melinda K. Danforth and Wesley Martin Jr. to

the Child Protective Board, seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016

Page 4 of 15

Open Meeting Packet

B.

Page 15 of 369

DRAFT

Accept update regarding vacancies on the Oneida Personnel Commission as information

Sponsor: Lisa Summers, Tribal Secretary

EXCERPT FROM AUGUST 24, 2016: (1) Motion by David Jordan to approve the recommendation to

appoint Leland Wigg-Ninham, Eric Krawczyk, and Jennifer L. Hill to Oneida Personnel Commission,

seconded by Melinda J. Danforth. Motion carried with one abstention. (2) Amendment to the main

motion by Lisa Summers to direct the Tribal Secretary to bring back a chronology of events for these

particular vacancies for information to the Business Committee, seconded by Jennifer Webster. Motion

carried unanimously.

Motion by Lisa Summers to defer this item back to Chair’s Office regarding the (2) two Oneida Personnel

Commission vacancies not filled through posting #3 which had the deadline of June 20, 2016, and the one (1)

vacancy not filled through posting #4 which had the deadline of July 15, 2016; and to request clarifications be

brought back to the October 12, 2016, regular Business Committee, seconded by Tehassi Hill. Motion carried

with two abstentions:

Secretary Lisa Summers departs at 10:43 a.m. before voting occurs

Ayes:

Abstained:

Not Present:

XI.

Fawn Billie, Trish King, Brandon Stevens, Jennifer Webster

David Jordan, Brandon Stevens

Melinda J. Danforth, Lisa Summers

TABLED BUSINESS (1:47:38)

Secretary Lisa Summers returns at 10:52 a.m.

Councilman Tehassi Hill departs at 10:58 a.m.

Councilman Tehassi Hill returns at 11:01 a.m.

Secretary Lisa Summers departs at 11:01 a.m.

Councilwoman Jennifer Webster departs at 11:03 a.m.

Councilwoman Jennifer Webster returns at 11:06 a.m.

A.

Adopt resolution titled Adoption of the Oneida Youth Leadership Institute’s Charter

Sponsor: Joanie Buckley, Division Director/Internal Services

EXCERPT FROM AUGUST 24, 2016: (1) Motion by Lisa Summers to adopt resolution titled Adoption

of the Oneida Youth Leadership Institute’s Charter, seconded by Jennifer Webster. Motion not voted

on, item tabled. (2) Motion by Brandon Stevens to table this item, seconded by David Jordan. Motion

carried with one opposed.

Motion by Jennifer Webster to take this item from the table, seconded by Brandon Stevens. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer

Webster

Not Present:

Melinda J. Danforth, Lisa Summers

Secretary Lisa Summers returns at 11:08 a.m.

Chairwoman Tina Danforth calls for a recess at 11:18 a.m.

Meeting called to order by Chairwoman Tina Danforth 11:29 a.m.

Councilwoman Fawn Billie departs at 11:35 a.m.

Councilwoman Fawn Billie returns at 11:39 a.m.

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016

Page 5 of 15

Open Meeting Packet

Page 16 of 369

DRAFT

Motion by Jennifer Webster to adopt resolution # 09-14-16-B Adoption of the Oneida Youth Leadership Institute’s

Charter with the following change: [Strike “Paula Rippl” from the fourth Resolve paragraph], seconded by Brandon

Stevens. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

1. Approve corresponding Oneida Youth Leadership Institute’s by-laws

EXCERPT FROM AUGUST 24, 2016: Motion by Brandon Stevens to table this item, seconded by

David Jordan. Motion carried with one opposed.

Motion by Jennifer Webster to approve corresponding Oneida Youth Leadership Institute’s by-laws, seconded by

Brandon Stevens. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Amendment to the main motion by Lisa Summers to request the board to bring back final policy and procedure

regarding section IV.C. Appointments, Resignations, Suspensions, and Removals of the Oneida Youth

Leadership Institute’s by-laws, within six (6) months as information, seconded by Jennifer Webster. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

XII.

NEW BUSINESS1 (4:39:53)

A.

Approve request to post two (2) vacancies on the Oneida Election Board

Sponsor: Lisa Summers, Tribal Secretary

Motion by David Jordan to approve the request to post two (2) vacancies on the Oneida Election Board, seconded

by Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

B.

Enter E-Poll results into the record for approved request to transfer one hundred (100) 2016

Indian Summer Festival tickets to Joint Marketing

Sponsor: Lisa Summers, Tribal Secretary

Motion by Lisa Summers to enter the E-Poll results into the record in accordance with BC SOP Conducting

Electronic Voting: approved request to transfer one hundred (100) 2016 Indian Summer Festival tickets to Joint

Marketing, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

1 This section follows after completion of section XIV. REPORTS.

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016

Page 6 of 15

Open Meeting Packet

XIII.

TRAVEL (4:40:51)

A.

Page 17 of 369

DRAFT

Travel Requests

1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic

Voting:

Sponsor:

Lisa Summers, Tribal Secretary

a. Approved travel request – Councilman Brandon Stevens – Generation Indigenous

Philanthropic event – Washington D.C. – August 25-26, 2016

Requestor:

Brandon Stevens, Councilman

Motion by Fawn Billie to enter the E-Poll results into the record in accordance with BC SOP Conducting Electronic

Voting: approved travel request – Councilman Brandon Stevens – Generation Indigenous Philanthropic event –

Washington D.C. – August 25-26, 2016, seconded by Lisa Summers. Motion carried with one abstention:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer

Webster

Abstained:

Brandon Stevens

Not Present:

Tina Danforth

2. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic

Voting:

Sponsor:

Lisa Summers, Tribal Secretary

a. Failed travel request – Councilwoman Jennifer

Webster – American Indian Tourism (AIANTA) conference – Tulalip, WA – September

12‐15, 2016

Requestor:

Jennifer Webster, Councilwoman

Motion by David Jordan to enter the E-Poll results into the record in accordance with BC SOP Conducting

Electronic Voting: failed travel request – Councilwoman Jennifer Webster – American Indian Tourism (AIANTA)

conference – Tulalip, WA – September 12-15, 2016, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

3. Approve travel request – Chairwoman Tina Danforth – White House Tribal Nations

conference – Washington D.C. – September 25-28, 2016

Sponsor:

Tina Danforth, Tribal Chairwoman

Motion by Lisa Summers to approve the travel request – Chairwoman Tina Danforth – White House Tribal Nations

conference – Washington D.C. – September 25-28, 2016, seconded by David Jordan. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016

Page 7 of 15

Open Meeting Packet

Page 18 of 369

DRAFT

4. Approve travel request – Chairwoman Tina Danforth – National Congress of American

Indians (NCAI) convention – Phoenix, AZ – October 9-14, 2016

Sponsor:

Tina Danforth, Tribal Chairwoman

Motion by Lisa Summers to approve the travel request – Chairwoman Tina Danforth – National Congress of

American Indians (NCAI) convention – Phoenix, AZ – October 9-14, 2016 and up to three (3) other Business

Committee members to also attend, contingent upon General Tribal Council approving the FY2017 budget,

seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

Motion by Lisa Summers recess at 12:10 p.m. and to reconvene at 1:30 p.m., seconded by Fawn Billie. Motion

carried unanimously2:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 1:34 p.m.

Chairwoman Tina Danforth, Treasurer Trish King, and Councilwoman Fawn Billie not present.

XIV.

REPORTS (2:59:00) (This section of the agenda is scheduled to begin at 1:30 p.m.)

Councilwoman Fawn Billie arrives at 1:40 p.m.

A.

Unfinished Reports

Secretary Lisa Summers departs at 1:56 p.m.

Secretary Lisa Summers returns at 2:02 p.m.

1. Accept Child Protective Board FY ’16 3rd quarter report

(1:30 p.m.-1:45 p.m.)

Chair:

Dale Powless

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM AUGUST 24, 2016: Motion by Lisa Summers to defer the Child Protective

Board FY ’16 3rd quarter report to the September 14, 2016, regular Business Committee meeting,

seconded by David Jordan. Motion carried unanimously.

Motion by Lisa Summers to accept the Child Protective Board FY ’16 3rd quarter report, seconded by David

Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

2 This motion occurred after completion of section XI. TABLED BUSINESS

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016

Page 8 of 15

Open Meeting Packet

Page 19 of 369

DRAFT

B.

Operational Reports

1. Accept Self-Governance FY ’16 3rd quarter report

(1:45 p.m.-2:05 p.m.)

Sponsor:

Chris Johns, Coordinator/Self-Governance

Motion by Lisa Summers to accept the Self-Governance FY ’16 3rd quarter report, seconded by Jennifer Webster.

Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

2. Accept Emergency Management FY ’16 3rd quarter report

(2:05 p.m.-2:25 p.m.)

Sponsor:

Kaylynn Gresham, Director/Emergency Management Department

Motion by Lisa Summers to accept the Emergency Management FY ’16 3rd quarter report, seconded by David

Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

C.

Corporate Reports

1. Accept Oneida Seven Generations Corporation FY ’16 3rd quarter report

(2:25 p.m.-2:40 p.m.)

Agent:

Pete King III

Liaison:

Tina Danforth, Tribal Chairwoman

Motion by Lisa Summers to accept the Oneida Seven Generations Corporation FY ’16 3rd quarter report,

seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

Councilman Brandon Stevens departs at 3:07 p.m.

2. Accept Oneida Total Integrated Enterprise FY ’16 3rd quarter report

(2:40 p.m.-2:55 p.m.)

Chair:

Butch Rentmeester

Liaison:

Tehassi Hill, Councilman

Motion by Lisa Summers to accept the Oneida Total Integrated Enterprise FY ’16 3rd quarter report; and to direct

the Tribal Secretary to work with Oneida Total Integrated Enterprise on the agenda for the upcoming shareholders

meeting scheduled on Monday, December 5, 2016, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer

Webster

Not Present:

Tina Danforth, Brandon Stevens

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016

Page 9 of 15

Open Meeting Packet

Page 20 of 369

DRAFT

3. Accept Oneida Engineering Science & Construction, LLC FY ’16 3rd quarter report

(2:55 p.m.-3:10 p.m.)

Chair:

Jacquelyn Zalim

Liaison:

Tehassi Hill, Councilman

Motion by Lisa Summers to accept the Oneida Engineering Science & Construction, LLC FY ’16 3rd quarter report,

seconded by David Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer

Webster

Not Present:

Tina Danforth, Brandon Stevens

Councilman Brandon Stevens returns at 3:16 p.m.

4. Accept Bay Bancorporation Inc. FY ’16 3rd quarter report

(3:10 p.m.-3:25 p.m.)

Vice-President: Dianne Zubella

Liaison:

Tina Danforth, Tribal Chairwoman

Motion by David Jordan to accept the Bay Bancorporation Inc. FY ’16 3rd quarter report, seconded by Fawn Billie.

Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

5. Accept Oneida Airport Hotel Corporation FY ’16 3rd quarter report

(3:25 p.m.-3:40 p.m.)

President:

Janice Skenandore-Hirth

Liaison:

Trish King, Tribal Treasurer

Motion by David Jordan to accept the Oneida Airport Hotel Corporation FY ’16 3rd quarter report, seconded by

Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

6. Defer Oneida Golf Enterprise FY ’16 3rd quarter report to September 28, 2016, regular

Business Committee meeting

Agent:

Janice Skenandore-Hirth

Liaison:

Trish King, Tribal Treasurer

Motion by Lisa Summers to defer the Oneida Golf Enterprise FY ’16 3rd quarter report to September 28, 2016,

regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016

Page 10 of 15

Open Meeting Packet

XV.

EXECUTIVE SESSION (4:45:50)

A.

Page 21 of 369

DRAFT

Reports

1. Accept Oneida Seven Generations Corporation FY ’16 3rd quarter report

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

Agent:

Pete King III

Liaison:

Tina Danforth, Tribal Chairwoman

Motion by Trish King to accept the Oneida Seven Generations Corporation FY ’16 3rd quarter report, seconded by

Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

2. Accept Oneida Total Integrated Enterprise FY ’16 3rd quarter report

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

Chair:

Butch Rentmeester

Liaison:

Tehassi Hill, Councilman

Motion by Tehassi Hill to accept the Oneida Total Integrated Enterprise FY ’16 3rd quarter report, seconded by

Jennifer Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

3. Accept Oneida Engineering Science & Construction, LLC FY ’16 3rd quarter report

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

Chair:

Jacquelyn Zalim

Liaison:

Tehassi Hill, Councilman

Motion by Lisa Summers to accept the Oneida Engineering Science & Construction, LLC FY ’16 3rd quarter report,

seconded by Trish King. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

4. Accept Bay Bancorporation Inc. FY ’16 3rd quarter report

(10:30 a.m.-11:00 a.m.)

Vice-President: Dianne Zubella

Liaison:

Tina Danforth, Tribal Chairwoman

Motion by Jennifer Webster to accept the Bay Bancorporation Inc. FY ’16 3rd quarter report, seconded by David

Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

5. Accept Oneida Airport Hotel Corporation FY ’16 3rd quarter report

(11:00 a.m.-11:30 a.m.)

President:

Janice Skenandore-Hirth

Liaison:

Trish King, Tribal Treasurer

Motion by David Jordan to accept the Oneida Airport Hotel Corporation FY ’16 3rd quarter report, seconded by

Fawn Billie. Motion carried unanimously:

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016

Page 11 of 15

Open Meeting Packet

Ayes:

Not Present:

Page 22 of 369

DRAFT

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Tina Danforth

6. Defer Oneida Golf Enterprise FY ’16 3rd quarter report to September 28, 2016, regular

Business Committee meeting

Agent:

Janice Skenandore-Hirth

Liaison:

Trish King, Tribal Treasurer

Motion by Lisa Summers to defer the Oneida Golf Enterprise FY ’16 3rd quarter report to September 28, 2016,

regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

7. Accept Chief Counsel report – Jo Anne House, Chief Counsel

Motion by Jennifer Webster to accept the Chief Counsel Report, seconded by Fawn Billie. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

a. Approve two (2) requests regarding Housing and Urban Development (HUD) draft

monitoring report

Motion by Lisa Summers to approve the Housing and Urban Development (HUD) monitoring report; and to direct

the Chair or Vice-Chair to provide the proper signatures and to submit to Housing and Urban Development (HUD)

no later than September 16, 2016, seconded by David Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

B.

Standing Items

1. Land Claims Strategy (No Requested Action)

C.

Audit Committee

Sponsor: Councilman Tehassi Hill, Chair

1. Accept June 30, 2016, Audit Committee meeting minutes

Motion by Jennifer Webster to accept the June 30, 2016, Audit Committee meeting minutes, seconded by David

Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

2. Accept August 15, 2016 Audit Committee meeting minutes

Motion by Fawn Billie to accept the August 15, 2016, Audit Committee meeting minutes, seconded by Tehassi

Hill. Motion carried with one abstention:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers

Abstained:

Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016

Page 12 of 15

Open Meeting Packet

Page 23 of 369

DRAFT

3. Accept Department of Public Works Cemetery Maintenance audit and lift confidentiality

requirement to allow Tribal Members to view the audit

Motion by David Jordan to defer the Department of Public Works Cemetery Maintenance audit back to the Audit

Committee, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

4. Accept Let It Ride Rules of Play audit and lift confidentiality requirement to allow Tribal

Members to view the audit

Motion by Lisa Summers to accept the Let It Ride Rules of Play audit and lift confidentiality requirement to allow

Tribal Members to view the audit, seconded by David Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

D.

New Business

1. Approve eighty-three (83) new enrollments

Sponsor:

Brandon Stevens, Councilman

Motion by Jennifer Webster to approve the eighty-three (83) new enrollments, seconded by David Jordan. Motion

carried with three abstentions:

Ayes:

Fawn Billie, David Jordan, Trish King, Jennifer Webster

Abstained:

Tehassi Hill, Brandon Stevens, Lisa Summers

Not Present:

Tina Danforth

2. Approve amended resignation date for Family Court Judge from October 19, 2016, to

October 21, 2016

Sponsors:

Melinda J. Danforth, Vice-Chairwoman; and David Jordan, Councilman

Motion by Jennifer Webster to approve the amended resignation date for Family Court Judge from October 19,

2016, to October 21, 2016, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

3. Adopt resolution titled Regarding Pardon of Richard Dickenson

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Jennifer Webster to defer the resolution titled Regarding Pardon of Richard Dickenson back to the

Oneida Pardon and Forgiveness Committee, seconded by David Jordan. Motion carried with one abstention:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer

Webster

Abstained:

Lisa Summers

Not Present:

Tina Danforth

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016

Page 13 of 15

Open Meeting Packet

Page 24 of 369

DRAFT

4. Adopt resolution titled Regarding Pardon of Valerie Ventura

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to adopt resolution # 09-14-16-C Regarding Pardon of Valerie Ventura, seconded by

Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

5. Approve limited waiver of sovereign immunity – MiCamp Solutions-Merchant Agreement

and Amendment – contract # 2016-0356 (This item is scheduled to begin at 1:30 p.m.)

Sponsor:

Louise Cornelius, Gaming General Manager

Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – MiCamp Solutions-Merchant

Agreement and Amendment – contract # 2016-0356, seconded by David Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

6. Approve request to review section 4.5 of Gaming General Manager contract based on

annual performance review

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by David Jordan to deny the request, seconded by Brandon Stevens. Motion carried with one opposed:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer

Webster

Opposed:

Lisa Summers

Not Present:

Tina Danforth

7. Approve request for a market analysis and updated job description of Human Resources

Department Area Manager position

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by David Jordan to deny the requests, seconded by Fawn Billie. Motion carried with two opposed:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster

Opposed:

Trish King, Lisa Summers

Not Present:

Tina Danforth

8. Approve request to direct Retail Profit Manager to sign updated job description

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

Item deleted at the adoption of the agenda.

9. Approve request to direct the Gaming General Manager to follow-up on complaint # 2016DR16-01

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by Lisa Summers to approve the request to direct the Gaming General Manager to follow-up on complaint

# 2016-DR16-01; and to request Chairwoman Tina Danforth to send a letter of acknowledgement to the

complainant, seconded by Brandon Stevens. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016

Page 14 of 15

Open Meeting Packet

Page 25 of 369

DRAFT

10. Accept concern # 2016-CC-10 as information

Sponsor:

Tina Danforth, Tribal Chairwoman

Motion by Jennifer Webster to defer concern # 2016-CC-10 back to the complainant citing that the correct

process for removal or ethic violation are cited in the appropriate laws, seconded by Lisa Summers. Motion

carried with one abstention:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer

Webster

Abstained:

Brandon Stevens

Not Present:

Tina Danforth

11. Approve request for follow-up regarding concern # 2016-CC-11

Sponsor:

Tina Danforth, Tribal Chairwoman

Motion by Lisa Summers to accept concern # 2016-CC-11 as information, seconded by David Jordan. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

12. Accept concern # 2016-CC-12 as information

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by Jennifer Webster to accept the concern # 2016-CC-12 as information, seconded by David Jordan.

Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

XVI.

ADJOURN

Motion by David Jordan to adjourn at 3:49 p.m., seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth

Minutes prepared by Heather Heuer, Information Management Specialist

Minutes approved as presented/corrected on ___________.

_________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016

Page 15 of 15

Open Meeting Packet

Page 26 of 369

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

09

I 28 I 16

2. General Information:

Session:

~ Open

AgendaHeader:

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

~IR_e_so_l_ut_io_n_s______________________________________________________~

D Accept as Information only

~ Action - please describe:

Approval of Resolution to extend the Multi-Year Funding Agreement with the federal Department of the

Interior's Bureau of Indian Affairs through Calendar Year 2021.

3. Supporting Materials

D Report

D Contract

~ Resolution

~ Other:

1.1'M_e_m_o_r_a-nd_u_m

_ _ _ _ _ _ _ _ _ _ _ _ ____,

3.!MoU with BIA Midwest Region for Fee-to-Trust

4.,MOU with Office of Special Trustee- Realty

2.1Funding Agreement

~ Business Committee signature required

4. Budget Information

D Budgeted- Tribal Contribution

~ Budgeted- Grant Funded

D Unbudgeted

5. Submission

Authorized Sponsor I Liaison:

Primary Requestor/Submitter:

Christopher Johns, Self-Governance Coordinator

Your Name, Title I Dept. or Tribal Member

Additional Requestor:

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of2

Open Meeting Packet

Page 27 of 369

Oneida Business Committee Agenda Request

6. Cover Memo:

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

This Resolution will extend the Multi-Year Funding Agreement (MYFA) between the Oneida Nation and the U.S.

Department of the Interior's Bureau of Indian Affairs (DOI/BIA) for the Calendar Years 2017 through 2021. The

Resolution further authorizes the Chairperson and the Treasurer of the Oneida Business Committee (OBC) to sign

amendments for the succeeding four (4) calendar years of the MYFA.

This MYFA is word-for-word the same as the MYFA 2012-2016 approved by Resolution 08-26-1 0-H with two (2)

notable changes: 1) "Oneida Nation" has replaced the previous "Oneida Tribe of Indians of Wisconsin"

appellation throughout the MYFA; and 2) the "Reprogramming Request" has been updated to reflect the

Nation's most recent share of Congressional appropriations. The amounts shown in the Reprogramming

Request will again be updated when Congress finalizes appropriations for FY 2017 and for subsequent years.

NOTE: The Memorandum of Understanding (MOU) with the DOI/BIA's Midwest Regional Office, Division of Feeto-Trust (OBC Resolution 10-24-12-C) will expire at the end of FY 2017. While this MOU will remain in effect until

September 30, 2017, the Nation will need to renew this MOU if it wishes to extend its term into FY 2018 and

possibly beyond.

NOTE: The Department of the Interior's Office of the Special Trustee (DOI/OSD has requested that the Nation renegotiate the MOU by which the Real Estate Appraisals Service function has been transferred to the Nation. The

current MOU (OBC Resolution 08-12-09-D) will remain in effect until a new MOU has been drafted and approved

by an OBC Resolution.

1) Save a copy ofthis 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 *.pdffile to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Open Meeting Packet

Page 28 of 369

Oneida Nation

Post Office Box 365

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

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # __-__-__-_

Extending Multi-Year Funding Agreement (MYFA) – Oneida Nation and U.S. Dept. of the Interior’s

Bureau of Indian Affairs (DOI/BIA) – Calendar Years 2017 through 2021

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,

it is the Mission of the Oneida Nation to protect and improve the resources and environment

in which the Oneida People live and to promote a higher standard of living among the

Nation’s citizens while maintaining, enforcing and exercising the sovereign rights of the

Nation; and

WHEREAS,

the Oneida Business Committee has determined that extending the Compact of SelfGovernance through annual Reprogramming Requests and Funding Agreements with the

United States’ Department of the Interior pursuant to Title IV of Public Law 93-638, as

amended, supports and enhances the Nation’s Mission; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee approves the Reprogramming

Request and Funding Agreement negotiated with the federal Department of the Interior’s Bureau of Indian

Affairs for Calendar Year 2017.

BE IT FUTHER RESOLVED, the Oneida Business Committee, by this Resolution, extends approval of

each annually negotiated Reprogramming Request and Funding Agreement for each successive Calendar

Year through Calendar Year 2021.

BE IT FINALLY RESOLVED, that the Oneida Business Committee authorizes the Chairperson and

Treasurer to sign each successive annually negotiated Reprogramming Request and Funding Agreement

where appropriate for the five-year period Calendar Year 2017 through Calendar Year 2021.

Open Meeting Packet

Page 29 of 369

MULTI-YEAR FUNDING AGREEMENT FOR CY 2017-2021

BETWEEN THE ONEIDA TRIBE OF INDIANS OF WISCONSIN

AND

THE UNITED STATES OF AMERICA

Section 1

Negotiated Agreement- Pursuant to Title IV of P.L. 93-638 as amended, the Oneida

Tribe of Indians of Wisconsin (herein referred to as Tribe), and the United States of

America, through the Secretary of the Interior (herein referred to as the Secretary) have

negotiated the following Agreement for the assumption of responsibilities by the Tribe

for the various programs, services, functions, and activities (PSFAs) as specified in this

Agreement. This Agreement includes programs which are funded by or flow through

the Bureau of Indian Affairs (herein referred to as BIA) for the benefit of the Tribe.

Section 2

Programs, Services, Functions, and Activities Assumed By the Tribe - The Tribe

agrees to assume responsibility for the implementation of the programs identified in the

attached REPROGRAMMING REQUEST for which funds are transferred to the Tribe.

The Tribe's Budget Categories listed below specify the programs for which program

responsibilities are assumed. The Tribe has broad authority to consolidate and

redesign the programs and to reallocate funding between programs without further

approval from the Secretary unless otherwise indicated in this Agreement.

A. Government and Administration

1. Administrative Direction

2. Rights Protection

3. Aid to Tribal Government

4. Law Enforcement

5. Facilities Management

B. Business and Economic Development

1. Economic Development

2. Housing Improvement Program

3. Road Maintenance

4. Community Fire Protection

5. Agriculture

6. Real Estate Services

7. Real Estate Appraisals

8. Environmental Quality Services

9. Safety Management

Page 1 of8

Open Meeting Packet

Page 30 of 369

C. Natural Resource Development

1. Forestry Management

2. Wildlife Management

D. Social and Human Services

1. Indian Child Welfare

2. Services to Children, Elderly and Families

3. Welfare Assistance

4. Education (Scholarships, Adult Education)

5. Employment Assistance

6. Johnson O'Malley

Section 3

Special Projects or Earmarked Programs, Services, Functions, and Activities The Tribe is not authorized to redesign or to reallocate funds provided through this

Agreement for PSFAs which are subject to special restriction imposed by statute or

which are awarded to the Tribe based on a competition or a special identified need. The

amounts identified for these special projects or earmarked PSFAs are the best

estimates at the time of negotiation and are subject to adjustment based on actual

award, selection of project, or distribution methodology used by the Secretary, provided

self-governance Tribes, other Tribes, and BIA agencies are treated similarly. Nonrecurring PSFA funds are provided on a one-time basis for this year only. The BIA's

Reprogramming documents and OSG's Authority to Obligate (ATO) award documents

will identify funds that are awarded on a one-time-only basis and are not guaranteed to

be funded in subsequent fiscal year(s). The following programs which meet this criteria

are included in this Agreement:

Welfare Assistance

Housing Improvement Program

Wetlands/Waterfowl Management

Certain Fish Hatchery Operations

Fish Hatchery Maintenance

Forestry Development

Forest Inventories and Plans

Water Management, Planning and Pre-Development

Certain Environmental Management

Certain Other Indian Rights Protection Categories

Unresolved Hunting and Fishing Rights

Litigation Support

Certain Real Estate Services Categories

Page 2 of8

Open Meeting Packet

Page 31 of 369

Other funds not identified in this section may be separately negotiated and included in

this Agreement as provided for in Section 8.

Section 4

Programs, Services, Functions, and Activities Retained by the BIA -Any program,

service, function, or activity not listed as transferred to the Tribe shall be assumed to be

a retained function of the Secretary. In addition, the services related to any inherently

federal functions provided by the Secretary will be available to self-governance Tribes

on the same basis as other Tribes. In cases where there are shared responsibilities

between the Tribe and the BIA, the respective roles of the parties will be specified in

footnotes to the reprogramming requests.

Section 5

Amount of Funds - Subject only to Congressional action and the terms of this

Agreement, the Secretary shall make available to the Tribe the funds identified in the

attached REPROGRAMMING REQUEST for Calendar Year 2017 and each succeeding

Calendar Year.

Section 6

Contract Support Costs - Subject to applicable federal laws, the Tribe is eligible for

Contract Support Costs funding on the same basis as Tribes which contract with the

BIA under P.L. 93-638. Contract Support Costs funding shall be added to this

Agreement as it becomes available.

Section 7

Payment - Payment to the Tribe shall be made by the most advantageous means

available. The Tribe chooses to receive all funding possible on an annual lump sum

basis. Other funds will be transferred to the Tribe as soon as possible after the

amounts due are known and deliverable.

Base funding under continuing resolutions will be paid to the Tribe by January 1 or

within 30 business days from the date the Office of Management and Budget (OMB)

apportions the appropriations, whichever is later, or, when applicable, by January 1 or

within 30 business days after the date OMB approves an operating plan for the PSFAs

in the Funding Agreement, whichever is later.

Section 8

Amendment or Modification of this Agreement- Except as otherwise provided in this

Agreement, the Compact, or by law, any modifications to this Agreement shall be in the

form of a written amendment signed by the Tribe and the Director, OSG. It is

Page 3 of8

Open Meeting Packet

Page 32 of 369

recognized that during negotiations, there may be errors in calculations or other

mistakes which may need to be renegotiated. Both parties agree to take corrective

action when such errors are identified.

Section 9

No Reduction in Programs, Services, Functions or Activities to Other Tribes - In

accordance with 25 U.S.C. §458ft (a), nothing in this Agreement shall be construed to

limit or reduce in any way services, contracts or funds that any other Indian tribe or tribal

organization is eligible to receive under 25 U.S.C. § 450f or any other applicable

Federal law.

Section 10

Subject to Availability of Funds - All amounts identified in this Agreement are subject

to Congressional action on appropriations and will be adjusted accordingly. Notification

to the Tribe of such adjustments will occur as soon as practicable following the action.

The Tribe shall be eligible for new PSFAs and shall be advised of available funding for

such PSFAs on the same basis as other tribes when the Assistant Secretary or other

delegated official makes a decision that additional funds are available.

Section 11

Establishment of Self-Governance Base Budget - The Tribe elects to establish and

maintain a self-governance base budget for its operations under self-governance

pursuant to 25 C.F.R. § 1000.105. This consists of the actual amounts of recurring

funding which have been base transferred from BIA budget accounts to the selfgovernance budget accounts. Adjustments to base budgets will be done in accordance

with 25 C.F.R. § 1000.109. Non-recurring funds and any other one-time funding are not

eligible to be included as part of the Tribe's base budget.

Section 12

Title I Provisions - The Tribe chooses to include the following provisions from Title I of

P.L. 93-638 in accordance with P.L. 104-109, 25 U.S.C § 458cc(l) in this agreement.

A. Section 105(a)(1). "Notwithstanding any other provision of law, subject to

paragraph (3), the contracts and cooperative agreements entered into with

tribal organizations pursuant to section 102 shall not be subject to Federal

contracting or cooperative agreement laws (including any regulations), except

to the extent that such laws expressly apply to Indian tribes."

B. Section 105(k). "For purposes of section 201 (a) of the Federal Property and

Administration Services Act of 1949 (40 U.S.C. § 481 (a)) (relating to

transportation providers), a tribal organization carrying out a contract, grant,

or cooperative agreement under this Act shall be deemed an executive

agency when carrying out such contract, grant, or cooperative agreement and

Page 4 of8

Open Meeting Packet

Page 33 of 369

the employees of the tribal organization shall be eligible to have access to

such sources of supply on the same basis as employees of an executive

agency have access."

C. Section 106(m). "The program income earned by a tribal organization in the

course of carrying out a self-determination contract- (1) shall be used by the

tribal organization to further the general purposes of the contract; and (2)

shall not be a basis for reducing the amount of funds otherwise obligated to

the contract."

D. Section 106(n). 'To the extent that programs, functions, services, or activities

carried out by tribal organizations pursuant to contracts entered into under

this Act reduce the administrative or other responsibilities of the Secretary

with respect to the operation of Indian programs and result in savings that

have not otherwise been included in the amount of contract funds determined

under subsection (a), the Secretary shall make such savings available for the

provision of additional services to program beneficiaries, either directly or

through contractors, in a manner equitable to both direct and contracted

programs."

E. Section 111. "Nothing in this Act shall be construed as - (1) affecting,

modifying, diminishing, or otherwise impairing the sovereign immunity from

suit enjoyed by an Indian tribe; or (2) authorizing or requiring the termination

of any existing trust responsibility of the United States with respect to the

Indian people."

Section 13

Conflict Between Provisions of this Agreement and the Compact - To the extent

that provisions in this Agreement conflict with the Compact, this Agreement shall apply.

Section 14

Proposed Effective Date - The proposed effective date of this Agreement will be 90

days following the submission of the signed Agreement to the Congress and to the

other Tribes served by the BIA Agency Office. The proposed effective date is January

1. The successor Agreement shall be controlled by 25 CFR § 1000.90. This Agreement

shall remain in effect until the date the agreement ends. In subsequent years, the

parties shall negotiate an amendment incorporating the annual REPROGRAMMING

REQUEST(s) into the Multi-Year Funding Agreement by October 1 of each year.

Section 15

Training - Prior to being granted access to DOl automated trust information technology

systems, Tribal employees must successfully complete BIA trust automated technology

systems training, the costs of which will be met by the BIA and OST.

Page 5 of8

Open Meeting Packet

Page 34 of 369

Section 16

Employee Security - Prior to being granted access to DOl automated information

technology systems and DOl Trust Records in any electronic data or hardcopy format,

the Tribe agrees its employees and employees of its contractors must be favorably

screened and a final favorable suitability determination issued by the BIA Personnel and

Physical Security Office pursuant to OMB Circular No. A-130 and OM 441. In addition,

pursuant to Homeland Security Presidential Directive 12 (HSPD-12), Tribal employees

and employees of their contractors must also successfully go through a Personal

Identity Verification process prior to being granted access to DOl automated information

technology systems. Costs will be incurred by the BIA or OST for their respective

PSFAs.

Section 17

The Tribe and the Office of the Special Trustee for American Indians (OST) have

negotiated a Memorandum of Understanding (MOU) for the Real Estate Appraisal

Services Program. This program will be governed by the terms of this MOU, which is

attached and fully incorporated into the funding agreement.

Section 18

Trust Records Management- The Tribe and the Secretary agree to the following:

The Tribe agrees to:

(a) preserve, protect and manage all fiduciary Trust Records, created

and/or maintained by the Tribe during their management of trust programs in

their Title IV agreements. (A fiduciary Trust Record is/was any document that

reflects the existence of an Indian trust asset and is/was used in the

management of an Indian trust asset. An Indian trust asset refers to lands,

natural resources, monies or other assets held in trust at a particular time by the

Federal Government for a Tribe, Alaska natives that are or were at a particular

time restricted against alienation, for individual Indians. Management includes

actions that influence, affect, govern, or control an Indian trust asset. The

following are examples not considered to be fiduciary Trust Records: general

administrative, personnel or travel records; education records; law enforcement

records; health records; law making unrelated to Indian trust assets; tribal

council resolutions and laws unrelated to Indian trust assets; and tribal elections.)

(b) make available to the Secretary all fiduciary Trust Records maintained

by the Tribe, provided that the Secretary gives reasonable oral or written

advance request to the Tribe. Access shall include visual inspection and at the

expense of the Secretary the production of copies (as agreed upon between the

parties) and shall not include the removal of the records without tribal approval;

and

Page 6 of8

Open Meeting Packet

Page 35 of 369

(c) store and permanently retain all inactive fiduciary Trust Records at the

Tribe or allow such records to be removed and stored at the American Indian

Records Repository (AIRR) in Lenexa, Kansas at no cost to the Tribe.

The Secretary agrees to:

(a) allow the Tribe to determine what records it creates to implement the

trust program assumed under its Title IV Agreement, except that the Tribe must

create and maintain the information required by statute and regulation. No

additional record keeping requirements are required by this Agreement.

(b) store all inactive fiduciary Trust Records at AIRR at no cost to the Tribe

when the Tribe no longer wishes to keep the records. Further, the Tribe will

retain legal custody and determine access to these records and such records

shall not be treated as Federal records for purposes of chapter 5 of Title 5 of the

United States Code unless expressly agreed to by the Tribe;

(c) create and manage a single tribal storage and retrieval system for all

fiduciary Trust Records stored at AIRR (No records will be accepted at AIRR until

such a retrieval system exists); and

(d) provide technical assistance for Tribes in preserving, protecting and

managing their fiduciary Trust Records from available funds appropriated for this

purpose.

Section 19

Single Audit Copies -- In addition to the required copy to the Federal Audit Clearing

House, the Tribe is required by 25 U.S.C. § 450c(f) to provide two copies of the audit

financial statements and single audit report to the Office of Internal Evaluation and

Assessment, DOl, 12220 Sunrise Valley Drive, Reston, VA 20191 phone 703-390-6578,

fax 703-390-6325 or e-mail an electronic copy to OIEA@BIA.GOV.

Section 20

Motor Vehicle Operation Policy- The Tribe certifies that it will self-administer a motor

vehicle operation policy that promotes the safe and prudent operation of motor vehicles

while performing duties to implement the terms of the Agreement. The Tribe's policy is

either comparable or superior to the May 3, 2006 Motor Vehicle Operation Policy for the

BIA issued by the Associate Deputy Secretary. The Tribe's policy includes compliance

with Executive Order 13513 prohibiting texting while driving.

Page 7 of8

Open Meeting Packet

Page 36 of 369

Section 21

Reporting Requests -- The Tribe agrees to provide applicable data and information to

the BIA Midwest Regional Office] pursuant to the Government Performance and Results

Act of 1993 (P.L. 103-62). Before providing such information, the Tribe will work with

its respective Regional Office GPRA Coordinator to determine applicable data and

information needed to meet the requirements pursuant to the Act.

Section 22

Programs Involving Contact With Children - As mandated by the Indian Child

Protection and Family Violence Prevention Act (P.L. 101-630), prior to being authorized

to perform services, functions and activities that involve regular contact with or control

over Indian children, Tribal program staff and volunteers must be favorably screened

and a final favorable suitability determination issued. Minimum standards of character

must be established and implemented in accordance with 25 CFR Part 63.

ONEIDA NATION

BY:

DATE: _ _ _ _ _ __

----~--~~~------------

Cristina Danforth

Chairwoman

UNITED STATES OF AMERICA

BY:

----~------~-----------Director, Office of Self Governance

Page 8 of8

DATE: _ _ _ _ _ __

Open Meeting Packet

3elf Governance 2017 Funding Agreement- Reprogramming Request

Page 37 of 369

Office of Self-Governance

Saturday, August 06, 2016

fribe: ONEIDA TRIBE OF WISCONSIN

31A Tribal Organization Code: F55433

JSG Tribal Compact Code: OSGT433

31A Area Office: F00100- MIDWEST REGION

31A Agency Office: F55000- GREAT LAKES AGENCY

Line

Item

Program Title

Cost

Code

23 Trust Management Improvement Project (UTB)- NON TPA

A3AOO

24 Assistant Secretary Support- NON TPA

27 Administrative Services- NON TPA

A

OSG

Cumulative

Base

Info

Tribal

Share

c

B

OSG

Shortfall

Base

E=A+B+C+D

D

BIA

Reprogram

Request

OSG

Shortfall

Request

FN

Total AFA

0

0

0

0

0

0

A5000

0

45,000

0

0

0

45,000

A5220

0

39,006

13,003

0

0

52,009

31 Facilities Management- NON TPA

A5370

0

13,476

0

0

0

13,476

32 Executive Direction (Regional)- NON TPA

A6000

0

6,646

1,794

0

0

8,440

34 Admin Svcs (Regional-Safety)- NON TPA

A6110

0

4,812

1,604

0

0

6,416

35 Executive Direction- TPA!Agency

A9010

0

10,029

0

0

0

10,029

38 Administrative Services- TPA!Agency

A9120

0

32,470

0

0

0

32,470

44 Economical Development- NON TPA

C6010

0

2,062

3,587

0

0

5,649

45 Job Placement and Training- TPA!Agency

C9035

0

2,991

0

0

0

2,991

47 Job Placement and Training- TPA!Tribal

C9035

0

206,000

0

0

0

206,000

53 Road Maintenance - TPA!Tribal

C9250

0

15,672

0

0

0

15,672

58 Education Line Officers- NON TPA

E5030

0

10,170

0

0

0

10,170

61 Johnson O'Malley- TPA!Tribal

E9040

0

133,100

0

0

0

133,100

64 Tribal Scholarships- TPA!Region

E9310

0

375,383

0

0

-282,787

92,596

75 Social Services- NON TPA

H6010

0

4,921

0

0

0

4,921

76 Housing Development- NON TPA

H6030

0

16,943

0

0

0

16,943

78 Social Services - TPA!Region

H9010

0

6,966

0

0

562

7,528

3

80 Welfare Assistance - TPA!Tribal

H9130

0

0

0

0

0

0

4

83 Indian Child Welfare Act - TPA!Tribal

H9220

0

75,000

0

0

16,151

91,151

5

84 Housing Improvement Program - TPA!Tribal

H9370

0

0

0

0

0

0

6

86 Criminal Investigations/Police Service- NON TPA

J3000

0

0

0

0

97,530

97,530

7

90 Law Enforcement Projects- NON TPA

J3300

0

0

0

0

0

0

96 Community Fire Protection - TPA!Agency

J9030

1,600

0

0

1,600

98 Community Fire Protection - TPA/Tribal

J9030

0

0

12,000

104 Rts Protection Implementation- NON TPA

N3110

0

111 Tribal Mgmt/Development Prgm- NON TPA

N3210

113 Water Mngmt, Plan&PFe-Dvlpmnt- NON TPA

N3420

116 Forestry- NON TPA

N3EOO

1

2

12,000

0

0

0

0

0

0

0

0

0

0

59,745

0

0

0

59,745

8

0

0

0

0

0

0

9

0

0

0

0

0

0

Page: 1 of 4

Open Meeting Packet

Page 38 of 369

AUTHORIZED FINANCIAL OFFICERS

Bureau of Indian Affairs - Regional Office

Tribe

Office of Self Governance

=ootnotes

1 When he Tribe is eligible to receive road maintenance funds, subject to appropriation, Bureau of Indian Affairs road maintenance funds will be distributed using the

same formula as used last year. The amount shown is an estimate. A relative needs formula will be used to determine the actual amount to be provided. The

distribution will be derived from the official 2016 inventory which is based on accepted updates submitted before June 15, 2016.

2 The Office of Self-Governance is authorized to reprogram a total of $282,787 from the Tribe's Total Enacted Base Funding on a one-time-only basis in CY 2017 to

the BIA Midwest Regional Office to support the activities of the BIA Division of Fee-to-Trust for the benefit of the Tribe as agreed to in the attached Memorandum

of Understanding. The BIA Midwest Regional Office will reprogram any unused funds back to the Office of Self-Governance for use by the Tribe.

3 The amount shown in Column D is an estimate of the Tribe's additional recurring Social Services Program funding. The Tribe requests that the actual amount

provided be base transferred as soon as possible.

4 The actual amount to be provided is to be determined and distributed based on welfare assistance need as determined by the national distribution methodology

used by the BIA.

5 The amount shown in Column D is an estimate of the Tribe's additional recurring Indian Child Welfare Program funding. The Tribe requests that the actual

amount provided be base transferred as soon as possible.

6 Funds will be distributed based on HIP eligible applicant data and shall be used in accordance with HIP regulations unless waived.

7 The amount shown in Column D is an estimate of the Tribe's recurring Criminal Investigations/Police Service funding. Any eligible new Law Enforcement Program

funding will be determined and added to the Funding Agreement based on a determination by the BIA Office of Justice Services. The Tribe agrees to provide

monthly uniform crime data reports pursuant to 25 CFR § 12.41. The monthly reports are due by the 5th of each month and shall be submitted to the BIA District

Office in the Tribe's area.

8 The amount identified is the best estimate at the time of negotiation and is subject to adjustment based on actual award, selection of project, or distribution

methodology used by the BIA provided Self-Governance Tribes, other Tribes, and BIA agencies are treated similarly. Funding for non-recurring Programs,

Services, Functions, and Activities (PSFAs) can only be provided on a one-time-only basis for this year and such PSFAs are not guaranteed to be funded in

subsequent years.

9 The amount to be provided is based on actual award, selection of project, or distribution methodology used by the BIA provided Self-Governance Tribes, other

Tribes, and BIA agencies are treated similarly. Funding for non-recurring Programs, Services, Functions, and Activities (PSFAs) can only be provided on a

one-time-only basis for this year and such PSFAs are not guaranteed to be funded in subsequent years.

10 The Tribe and the BIA Midwest Regional Office will continue to cooperate in facilitating and expediting the processing of land into trust for the Tribe in accordance

with the Memorandum of Understanding which is attached and incorporated into the MYFA for CY 2017.

11 The Tribe and the Office of the Special Trustee for American Indians are negotiating a Memorandum of Understanding (MOU) for the Real Estate Appraisal

Services Program. This program will be governed by the terms of this MOU which will be attached and fully incorporated into the Funding Agreement.

12 Subject to applicable federal laws, the Tribe is eligible for Contract Support Costs funding on the same basis as Tribes which contract with the BIA under P.L. 93638. Contract Support Costs funding shall be added to this Agreement as it becomes available.

Page: 3 of4

Open Meeting Packet

Page 39 of 369

Oneida Tribe of lndlaris of Wisconsin

UGWA DEMOLUM YATEHE

Because of the "help of

this Oneida Chief In

cementing a frl~shlp

between the six nations

and the colony of

Pennsylvania, a new

nation, the United Statea

was mada posable.

Oneldaa brfnglng ~vera!

hundred bags of corn to

Washington' s starving army

at Valley Forge, after the

colonists had consistently

refused to aid them.

BC Resolution 10-24-12-C

Memorandum of Undel'ltandlng between the'Onelda Tribe of Indiana of Wisconsin and the BIA Midwest Regional

Office, Division of Fee-to-Trust

WHEREAS,

the Oneida Tribe of Indians of Wisconsin 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 duly recognized governing bpdy of the Oneida Tribe of Indians of

Wisconsin, and

WHEREAS,

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

Tribal ConstHutlon by the Oneida General Tribal Council, and

WHEREAS,

It Is the mission of the Oneida Tribe of Indians of Wisconsin to protect and Improve the resources, the·

standards of IMng, and the environment in which the Oneida people live while maintaining, enforcing, and

exercising the sovereign rights of the Oneida Tribe, and

WHEREAS,

the Oneida Tribe of Indians ofWJsco.nsin has determined that regaining control over the land within the

original Oneida Reservation In Wisconsin Is one of Its highest priorities, and

WHEREAS,

The Oneida Tribe of Indians of Wisconsin participated In prior Memorandums of Understanding with the BIA

Midwest Regional Office, Division of Fee to Trust and found that the agreements resuHed In a mora

respom~lve trust application process and has determine~ that continued participation Is In the best Interests

of the Oneida Tribe, and

NOW THEREFORE BE IT RESOLVED. the Oneida Business Committee approves the Memorandum of Understanding

between the Oneida Tribe of Indians of Wisconsin and the BIA Midwest Regional Office, DMslon of Fee to Trust by the Chair

of the Oneida Business Committee, and

NOW THEREFORE BE IT FURTHER RESOLVED, the Oneida Business CommHtee authorizes the commitment of the

necessary Tribal Priority Allocation (TPA) funds to cany out the activities of the Division of Fee to Trust on· behalf of the

Oneida Tribe of Indians of Wisconsin, and

NOW THEREFORE BE IT FINALLY RESOLVED, the Oneida Business Committee authorizes the Oneida Tribal Chairman to

become the signatory of the Memorandum of Understanding between the Oneida Tribe of Indians of Wisconsin and the

Bureau of Indian Affairs-Midwest R~Ional Office.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida Business

CommHtee Is composed of 9 members of whom 5 members constitute a quorum; 7 members were present

at a meeting duly called, noticed and held on the 24111 day of October, 2012; that the forgoing resolution was

duly adopted at such meeting by a vote of 5 members for, 0 members against, and 1 members not voting;

and that said resolution has not been rescinded or am nded in any way.

. .

~ Palrl~ ~ooft,

bal C181a.y

Oneida Business CommHtee

.

*According to the By~Laws, Article

. I, Section 1, the Chair votes "only In the case of a tie."

Open Meeting Packet

Page 40 of 369

ONEIDA LAW OFFICE

CONFIDENTIAL: A /TORNEY/CLIENT WORKPRODUCT

TO:

Chris Johns

Self Governance

FROM: Robert W. Orcutt, Staff Attorney

Use this mouber onj111111:e col'r'es~iondence:

2012-0958 /

.---"

DATE: July31, 2012

RE:

BIA FY20 12~20 16 Funding Agreeme1tt

Ij),ou have any questions or commetl(s regarding this review, please ca/{869-4327.

The attached agreetnent, cohttact, policyand/ot· gt1arartty has been reviewed by the Oneida Law

Office for legalcotitent only. Please note the following:

./ The document is in appropriate legal forin. (Execution is a management decision)

./ Requires Chairman's signature.

Open Meeting Packet

.

0

Page 41 of 369

.

•

.

.

0.

.

.

•,1

0

•

,•

•

..

•

..·

0

,

•

.

.

0

•

•

....

.

,1

•

•

•

0

0

•

0

0

0

•

•

0

•

.

•

•

.

.

..

. .

•

•

0

0

0

0

0

.

••

•

••

.

0

·. ·PACK.ET START ...·.

0

•

•

.

.

..

.

.

'

•

.

'

.

•

0

(

0

.

0

...

0

.

0

.

.

.

•

\

.

'

0

•

0

.

•

.

.

0

.

.

.

.

•

•

0

o

•

..

o

. .

•

,..

•

0

0

.

'

.

.

0.

.

0

•

~

.

.

0

•

Oo

I

0

0

0

•

Open Meeting Packet

Page 42 of 369

MEMORANDUM OF UNDERSTANDING

Between

ONEIDA TRIBE OF INDIANS OF WISCONSIN

And

THE BUREAU OF INDIAN AFFAIRS-MIDWEST REGIONAL OFFICE

FY 2014 • FY 2017

This Memorandum of Understanding (hereinafter the 11Agreemenr) is entered into by

and between ONEIDA TRIBE OF INDIANS OF WISCONSIN and the Bureau of Indian

Affairs (BIA), Midwest Regional Office (hereinafter MWRO), said entities collectively

referred to as the ·parties."

·

This Agreement is being entered into for the purpose of setting forth, in writing, the

understanding of the relationship of the Parties and facilitating the expeditious

processing of fee-to-trust applications and reservation proclamations submitted by

Participating Tribes. Through funds provided by Participating Tribes to supplement BIA

staff, the MWRO will hire employees/contract staff whose sole duties and

responsibilities will. be to process Fee-to-Trust applications and reservation

proclamations in a manner consistent with the terms contained herein.

RECITALS

A. The need for increased land base is imperative to the Tribes of Minnesota,

Wisconsin, Michigan, and Iowa. Most Tribes do not have sufficient land to meet

current housing, community, environmental protection, quality of life and

economic development needs and a number of Tribes have very little or no trust

hind at all.

·

B. A number of combining factors have ma'de it difficult for the Midwest Region and

Agency staff to manage the fee-to-trust acquisition needs. As a result of these

factors, a backlog of pending applications ~xists and it is compounded by the

increasing number of applications filed ·each year.

C. The gap between fee-to-trust applications and land being accepted into trust by

the Secretary of the Interior is widening.

D. Legal authority for this MOU is at 25 U.S. C.§ 123 (c),§ 458 cc (b) (3) (1998)

and§ 450 0) (1998), 516 OM 6, appendix4, National Environmental Policy Act ·

Revised Implementing Procedures, and 602 OM 2, Land Acquisitions; Hazardous

Substances Determinations.

liP age

Open Meeting Packet

Page 43 of 369

E. The MWRO shall have oversig.ht, responsibility and accountability for the

administration of the regional and agency staff funded and supported by this

agreement.

F. F~e-to-Trust Applications used herein, include all Tribal applications that may

qualify for status as On-reservation, Contiguous/Adjacent, Off-reservation or

Mandatory Acquisitions.

G. Definitions:

Council. The group of representatives of the Participating Tribes and the

MWRO Supervisory Realty Specialist (SRS).

Division. The Midwest Region Director and group of staff assigned to

work on trust acquisition case$ under this Agreement.

ParticiPating Tribe. A Tribe, Band or Community that is federally

recognized and a signatory to this Agreement and who meets· all

requirements contained in this Agreement.

Tribe. A Tribe, Band or Community that is federally recognized.

TERMS AND CONDITIONS

1: Conditions Pracedent/EIIglbllltv

a. The Tribal Resolution: Participation In the Agreement will not become effective

·until the SRS (as defined above) has received a signed Tribal Resolution from

the Interested Tribe that contains an acknowledgement of the financial

contribution and/or commitment of the required Tribal Priority Allocation (TPA)

funds, and acknowledgment of the necessity to commit to becoming a signatory

of the Agreement and to be bound by Its terms.

b. The Agreement and Contribution: The Tribe must also sign the Agreement and

complete any additional paperwork necessary to facilitate the re-programming of

TPA funds, if applicable, to the Project. Or, the Tribe and MWRO will sign a·n

agreement detailing outside funds being committed to the Division.

c. In addition to the Tribal Resolution, the Tribe will submit a letter i~entifying the

designated tribal representative and alternates for the purpose of representation

at Council meetings. A Participating Tribe reserves the right to change the

names of its indhtidual tribal representative at its discretion.

. 2IPage

Open Meeting Packet

Page 44 of 369

2. Qualifications for PartlciQStlon/~lnlmum Financial Participation

a. The following shall· serve as the minimum criteria for a Participatil,lg Tribe:

i.

The Participating Tri~e must have the internal administrative support

. system necessary to process the Intra-tribe portion of the fee-to-trust

application .

The Participating Tribe understands that it shall be its responsibility to

.ii.

make an effort to work with its local or neighboring municipal

governments.

·

b. Minimum financial participation:

I.

The budget for the Division will be funded by the Participating Tribes and

divided evenly between the Participating Tribes for the four years.

ii.

Tribes may participate by contributing a minimum of (TBD) per fiscal year

from their TPA or other funds for four consecutive years.

iii.

After year four, if this Agreement is renewed, it shall be funded by the·

Participating tribe~.

3. Aaraement Term

a. This Agreement shall be in effect for four years.

.

· b. If this Agreement is not renewed at least six months (6) before the close of the

fourth fiscal year of the Agreement, it will be deemed expired as of the date of the

end of the fourth year and the terms and conditions contained herein will

. terminate.

c. The term of this Agreement may be extended at any time by the signatories in

writing.

d. Altering the operational requirements of this Agreement must be approved by a

majority of the Participating Tribes..

4. Division Employee Selection*

a. The Parties agree that the BIA personnel for the Division shall be governed by

the terms of the Agreement. Any conflict involving the duties and/or

responsibilities of the personnel shall be resolved in accordance with this

Agreement and MWRO personnel policies. Federai employees' personnel rights

are governed· by Title 5 of the U.S.C.A. Statutory rights and obligations will not,

be superseded by this Agreement.

b. The Parties agree that additional employees in the MWRO office will be

necessary to achieve the goals of this Project. The specific number and .

positions of the employees will be determined by the MWRO and the Advisory

Council through a mutually agreed upon process.

c. The Parties agree that the process for selecting staff for filling of the Division

positions will follow federal personnel rules and regulations. The position

descriptions, interviewing of prospective candidates, will be made by the MWRO.

31Page

Open Meeting Packet

Page 45 of 369

The MWRO shall infonn the Advisory Council of selection criteria and the

selected employees.

·

*Selection not applicable if tribal or contract staff are used.

5. Establishment of the Oversight Advlsorv Council

a. Oversight will be through a Joint tribai/MWRO Advisory Council (hereinafter the

·council) that will be composed of the MWRO Regional Director and one

representative of each Participating Tribe. The Council shall meet at least twice

a year In a manner detennined by the Participating tribes.

b. The Parties to this agreement may appoint an Executive Committee for the

purpose of providing more timely input to the Regional Director, which shall meet

as necessary. The Committee will be comprised of both tribal and federal

members.·

c. · A quorum of the Council shall be 100% of the Participating tribes, only if the

number of Participating Tribes with an Agreement is less than four (4), or if there

are four or more Participating Tribes, three-fourths of those tribes shall establish

a quorum.

d. Decision making for the Council shall be by consensus vote of the attending

Participating Tribes after a quorum is established.

6. Supervision of Office

The Division employees and consultants will report directly to the Regional

Director's Office.

7. Scope of Work

The Division Project Leader will be the Division Supervisory Realty Specialist,

(hereinafter 11SRs·). The duties of the SRS are entailed in the attached job

description. In addition, the SRS will be responsible for seeing that the Division

staff will adhere to the duties described below in the Agreement as the basis for

the processing of Fee-to-Trust Applications and reservation proclamations for the

Participating Tribes. ·

B. Fee-to-Trust Activities

a. The SRS and employee (s) will be responsible for assuring that each request for

fee-to-trust acquisition shall fulfill completely all of the administrative

requirements of 25 CFR Part 151 for the request under consideration. This shall

include but not be limited to:

i.

Maintaining a master checklist for each transition consistent with the

Activity log attached to this MOU as Exhibit 1.

41Page

Open Meeting Packet

ii.

iii.

iv.

v.

vi.

vii.

viii.

ix.

x.

. xi. ·

xll.

Page 46 of 369

Serving as liaison and maintaining communication between the MWRO

and the Participating Tribe for Fee-to-Trust issues.

.

Reviewing and commenting on any deficiencies in any current application

package, and reviewing and providing technical assistance in the

preparation of any future applicatio11s, as requested by the Participating

Tribe.

·

Assuring that adequate notifi~tion ts provided to all possible units of local·

government with current-jurisdiction over the property.

.

Reviewing and providing technic;al assistance, where requested, of all

Environmental documents as required of the Participating Tribe or the BIA,

and Phase I Surveys as may be required in accorda:nce with 516 DM 6,

Appendix 4, National Environmental Policy Act Revised Implementing

Procedures, and 602 DM 2, Land Acquisitions: Hazardous Substances

Determinations.

.

Assisting the Field Solicitor in prepar$tion of the Preliminary Title Opinions

(PTO). Such assistance may include preparing draft PTO's, assistance in

acquiring a Commitment for Title Insurance, and monitoring the progress

of the Solicitor's Offi~ in processing the PTO. .

.

Assisting Participating Tribes where' requested in developing responses to

comments received from other units of government with jurisdiction.

Preparing the Notice of Decision on a requested parcel.

Preparing the record· fen appeal under 25 CFR Part 2.

Assisting the Participating Tribes In eliminating or mitigating any of the ·

Solicitor"s objections in the PTO.

·

Assisting in the preparation of Notice for Publication under 151.12(b).

Preparing all documentation necessary for title f;'xamination required

under 151.13.

·

· b. The SRS and employee(s) will be responsible for assuring· that each request for

reservatio·n proclamation shall fulfill completely all of the policy requirements as

established.

9. Record Keeping

a.

b.

c.

Books of Account: The SRS 'shall cause tQ be kept complete books of

account of ope~tions In which ~ach project transaction shall be fully and

accurately entered Into an appropriate database.

Accounting: The financial state.ments.shall be prepared in accordance

with generally accepted accounting principles and shall be appropriate

and adeqoate for the intended purpose and for carrying out the provisions

of the Agreement. The format of the Accounting Reports shall be that of

the attached budget submitted by MWRO: The fiscal year of the Project

shall be. October 1•t through September 30th.

Records: At all times during the term of existence of the Agreement, the

SRS s.hall keep or cause to be kept the books of account referred to in

Section (9) (a), together with:

5I Page

Open Meeting Packet

Page 47 of 369

i.

d.

e.

A current list of contact information, which also identifies the

Participating Tribe contribution.

ii.

A copy of this Agreement and any other operating documents.

iii.

Financial statements of the Project.

iv.

The books and records (including budgets) of the project as they

relate to internal affairs.

Status Reports: A minimum of once per quarter, the MWRO-SRS shall

cause to be prepared a Fee-to-Trust Division land into trust report.

Budget justification should contain some, if not all, of the following:

i.

Personnel-Salary-Fringe

ii.

Equipment, furnishing, facilities

iii.

Ma~rial and supplies

iv.

Travel

v.

Sub-Contracts

vi.

Other items of cost, television, radio, newspaper if necessary

vii.

Printing costs ·

viii..

Other real and personal property

10. Freedom of lnfonnatlon Act (FOIAl

Any Freedom of Information Act (hereinafter ~FOIA•) requests to the BIA shall

be disclosed immediately to the particular Participating Tribe upon which the

particular request is made, including the details of the specific information

requested.

11. Periodic Consultation

In addition to consultation concerning specific applications or activities, the

Participating Tribes, the SRS, and the BIA agree to meet and confer as

necessary on matters of mutual concern. To the ext~nt practicable, each

party shall provide the other with a list of topic issues to be discussed at least

fiVe business days in advance of each such meeting.

12. Dispute Resolution

Any dispute as to interpretation of any provision of this Agreement will be

submitted to the Council who will review all relevant material pertaining to the

dispute. The council will issue the written decision. The decision of the .

Division is final except that it may not issue any decision in contravention of

employee rights as governed by Title 5 of the Anti-Deficiency Act at Title 31 of

the United States Code. Parties to the Agre~ment may use services of the

Departmenfs Alternative Dispute Resolution Office.

13. Entire Agreement

This Agreement sets fort~ the entire agreement and understanding between the

Parties as to the subject matter hereof and merges and supersedes all prior

61Page

Open Meeting Packet

Page 48 of 369

discussions, agreements and understandings of any and every nature between

them, and neither party shall be bound by any condition, definition, warrant or

representation other than expressly set forth or provided for in the Agreement, or

as may be, on or subsequent to the date hereof, set forth in writing and signed by

the Parties to bound thereby; and this Agreement may not 'be changed or

modified except by an agreement in ·writing by the Parties.

14. Amendment

The parties may, from time to time, am.end the provisions of the Agreement as

may be deemed necessary or appropriate. Either party may request to amend

this Agreement and it shall be incumbent upon the other party to consider and

discuss such amendment with the requesting party in good faith. No provision of

this Agreement may be changed, amended, waived, discharged, or terminated

orally, but only by an instrument in writing signed by a duly authorized .

representative of the Participating Tribes and the MWRO.

16. Dissolution/Withdrawal

This agreement may be dissolved by the affirmative vote of the majority of the

members taken at least 60 days before the end of the then-current fiscal year, to

be effective at the end of the fiscal year in which the vote is taken. A

Participating Tribe may withdraw from the Agreement for the ~mainder of the

term of this Agreement by giving written notice, by Tribal Resolution, of such

Intent to the Division SRS at least 90 days prior to the end of the then-current

fiscal year. The notice shall state the actual date the Participating Tribe will

officially withdraw. If any Participating Tribe withdraws, funding contributed by

the Participating Tribe for that fiscal year shall not be refunded.

18. Sovereign Immunity

Nothing in this MOU shall waive the Sovereign Immunity of the Tribe

or Its subsidiaries to suit in any court of competent jurisdiction.

71Page

..

Open Meeting Packet

Page 49 of 369

CERTIFICATION

J

This Agreement entered into by and between tt1e ONEIDA TRIBE OF INDIANS OF

WISCONSIN by the authqrlzed signatory belo~. and the Midwest' Regional Director

does hereby take effect beglr:ming the Fiscal Year' October 1, 2013 through Fiscal Year

ending September 30, 2017.

Midwest Regional Office

By:------=--:--""':"'::'--,---Regional Director

ONEIDA TRIBE OF INDIANS OF WISCONSIN

By:

d!J.._.,('~-4,

.

·

~ ~IEcJWard

lo-u-ri-c

#

Tribaf Resolution

Delgado

Date

,I

·Date

Date

81Page

/

Open Meeting Packet

.

l

.

.

·'

.

.

.. .

Page 50 of. 369

..

.

• •

.

.

\·

0

•

.

••

.

.

•

.

.

.

•

.

•

•

1

I

0

•

•

•

.

.

•

.

'

.

...

0

•

.

.

..

.

.

•

.

....

I

.

..

.

0

.

.

0

.

.

.

•

.

..

.

•

.

.

.

.

.

.'

'

-

.

..

.

.,

.

I

t

.

.

'

. .PACKET END · .· ·. ·.

. .

'

'

.

.

'

I

'

•

.

.

. .

.

•

.

'

'•

•

.

..

.

.

.

.

I

'

I

.

-

I

.

.

.

.

0

•

•

'

.

.

. .

.

. .

.

.

.

..

..

-

.

.

.

.

.

.

Open Meeting Packet

Page 51 of 369

Oneida Tribe of Indians of Wisconsin

Post Office Box 365

Oneida, Wl54155

Phone: (920) 869-2214

UGWA DEMOLUM YATEHE

Because of the help of

this Oneida Chief In

cementing a friendship

between the six nations

and the colony of

Pennsylvania, a new

nation, the United States

was made posable.

Oneidas bringing several

hundred bags of corn to

Washington' s starving army

at Valley Forge, after the

colonists had consistently

refused to aid them.

RESOLUTION# 08-12-09-D

Annual Funding Agreement Negotiated with the Department of the Interior's Bureau

oflndian Affairs for Calendar Year 2010 and the Memorandum of Understanding

Negotiated with the Department of the Interior's Office of the Special Trustee

WHEREAS,

the Oneida Tribe oflndians of Wisconsin is a federally recognized Indian government, a Treaty Tribe

recognized by the laws of the United States, and a Self-Governance Tribe with the Department of the

Interior's Bureau oflndian Mfairs and with the Department of Health and Human Services' Indian Health

Service; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Tribe of Indians of Wisconsin; and

WHEREAS,

the Oneida Business Committee has been delegated authority under Article IV, Section I ofthe Oneida

Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

it is the mission of the Oneida Nation of Wisconsin to protect and improve the resources, the standards of

living, and the environment in which the Oneida people live while maintaining, enforcing, and exercising the

sovereign rights of the Oneida sovereignty; and

WHEREAS,

the Oneida Business Committee has determined that entering into a Self-Governance Compact and annual

Funding Agreement (FA) with the U.S. Government's Department of the Interior pursuant to P.L. 93-638, as

amended, supports and enhances the Oneida Nation's sovereignty.

NOW, THEREFORE, BE IT RESOLVED: that the Oneida Tribe oflndians of Wisconsin approves the Reprogramming Request

and annual Funding Agreement negotiated with the Department of the Interior's Bureau oflndian Affairs for Calendar Year 2010

and the Memorand.um of Understanding (MOU) negotiated with the Department of the Interior's Office of the Special Trustee

(OST) and authorizes the Treasurer to sign the Repmgramming Request as negotiated and authorizes the Chairman to sign the

Funding Agreement and MOU as negotiated.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida Business Committee is

composed of 9 members of whom 5 members constitute a quorum. 7 members were present at a meeting duly called, noticed and

held on the Jth day of August, 2009; that the foregoing resolution was duly adopted at such meeting by a vote of6 members for,

0 members against, and 0 members not voting; and that said resolution has not been rescinded or amended in any way.

t>~\ket-·

Patricia Hoeft, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."

Open Meeting Packet

Page 52 of 369

MEMORANDUM OF UNDERSTANDING

'BETWEEN THE ONEIDA TRIBE OF INDIANS OF WISCONSIN

AND

THE DEPARTMENT OFTHE INTERIOR

OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

FOR

REAL ESTATE APPRAISAL SERVICES

CALENDAR YEAR 2010

I. AUTHORITY

This Memorandum ofUnderstanding (MOU) between the Oneida Tribe ofindians of Wisconsin (Tribe)

and the Department of the Interior, Office of the Special Trustee for Americ<J,n Indians (OST) is entered

into pursuant to a Compact initiated under Title IV of the Indian Self-Determination and Education

Assistance Act (P.L. 93-638), as amended.

II. PURPOSE

The purpose of this MOU is to detail the coordination, implementation, duties and responsibilities of each

party for the Tribe's operation ofthe OST Real Estate Appraisal Program for Calendar Year (CY) 2010.

Pursuant to the Calendar Year 2010 Annual Funding Agreement(AFA), this MOU is an attachment to the

CY 2010 AFA and is incorporated into and made a part of the CY 2010 AFA as if set out in full in the

AFA. This MOU shall be a$ched to the AFA for this year and subsequent years and remain in effect

unless modified and such modification is agreed to in writing by both parties.

III. THE TRIBE'S DUTIES AND RESPONSIBILITIES IN PERFORMING REAL ESTATE

APPRAISAL SERVICES

A. Program Guidance

Real estate appraisal services shall be provided in accordance with published authority and procedures

contained in the Code ofFederal Regulations, Title 25, the Uniform Standards of Professional Appraisal

Practice (USPAP), and Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA), as

applicable, including updates and revisions. OST-Office of Appraisal Services (OST-OAS) Regional

Appraisers ate available to provide guidance for the interpretation and use of these standards and to provide

Statements ofWork (SOW) for appraisal service contracts.

B. Program Responsibilities

I. Appraisal Procedures

a. The Tribe agrees to conduct appraisal services herein identified, as required, to support real

estate transactions on trust or restricted property.

b. Appraisals niust:

i) IdentifY the BIA and OST-OAS as the Client in all appraisal reports of trust/restricted

property;

ii) Identify the BIA and OST-OAS as an Intended User in the body of the appraisal

report; and

iii) IdentifY any third party Intended Users of the report; such as the Tribe, Agencies,

individual Indians, etc.

c. If appraisal consultation reports will. be prepared to document the valuation process and data

analysis to support an opinion of value, such appraisal consultation reports will be performed in

.accordance with USPAP Standards 4 and 5.

d. The Tribe agrees not to submit an appraisal for use in a trust transaction until the appraisal has

been reviewed and approved by the QST-OAS.

1

Open Meeting Packet

Page 53 of 369

e. Appraisers must not disclose confidential information or assignment results prepared for the

trust landowner to anyone other than the Client, Intended Users or persons specifically authorized

by the Client.

f. The Tribe shall submit one (I) original appraisal report for review; upon acceptance, submita

total offour (4) approved original (or color copy) reports with original signatures to the OST-OAS

Regional Appraiser for review.

g. The Tribe agrees that all appraisal reports submitted for review must be signed by a statecertified general appraiser.

h. The Tribe agrees to submit the completed appraisal report to the OST-OAS Regional

Supervisory Appraiser for review within 60 days of receipt of the appraisal req1.1est, which will be

the due date, or provide written notice to OST before the expiration of the 60 days that the tribal

appraisal program and the Client have agreed to extend the due date, if the complexity of the

appraisal warrants extending this time period. Such written agreement between the Client ai1d the

tribal appraisal program should be contained in the appraisal work file.

i. Appraisals must be submitted to the Regional Appraiser in a Self-Contained [SR 2-2 (b)] format

with the workfilc.

j. Appraisals also may be prepared using alternative valuation methodologies, when apprOpriate

and consistent with USP AP. Such alternative methodologies include, but are not limited to,

Restricted Use Reports when used as part of a Project report per section D-17 ofUSAFLA;

Market Studies submitted with the workfile.

2. Appraisal Log

a. The Tribe agrees to maintain an appraisal tracking log of all appraisal requests received. The

appraisal log shall be available for review by the OST-OAS for reporting purposes. The Tribe

agrees to submit the appraisal log t.o the OST-OAS no later than October 15 each year. See Section

III. B.8.b.

b. At a minimum, the appraisal tracking log shall contain:

i) Appraisal request number

ii) Allotment or tribal tracking number

iii) Due date, i.e., the date agreed upon, between the Client and the tribal appraisal

program, to submitthe appraisal product to the Client

iv) Purpose of appraisal

v) Legal descriptions

vi) Size of property appraised

vii) Intended use ()f appraisal

viii) Effective date ofappraisal

ix) Ownership information

a) title status; and

b) title holder(s)

x) Appraiser ofrecord

xi) Approval date of the appraisal

xii) Conclusion ofvalue

xiii) Date transmitted

xiv) Intended Users, if any

c. The Tribe agrees to provideto the OST-OAS Regional Supervisory Appraiser the appraisal

tribal backlog information on a fiscal year quarterly basis on: January 15, April 15, July 15, and

October 15, in the current calendar year and subsequent years on the same quarterly basis. Tribal

backlog is considered to be any request(s) for appraisal(s) that have not been completed and

provided to the OST- OAS Regional Appraiser for review within 60 days of receiving a complete

and valid appraisal request, unless extended by negotiation.

3, ConJ1ict of Interest

a. To avoid a confEct of interest or the appearance of a conflict of interest, neither a Tribal

appraiser employed; nor a fee appraiser contracted, by the Tribe shall complete an appraisal on

land owned by the appraiser or by an immediate relative as defined by Tribal law and policy.

2

Open Meeting Packet

Page 54 of 369

b. If applicable, when the Tribe is conducting an appraisal for trust property that an individual

landowner has offered for sale to the Tribe, the Tribe's appraiser, whether an employee or a fee

appraiser, shall disclose such potential conflict of interest to OAS with the request for review and

approval.

4. Appraisal Contracts

The Tribe agrees that appraisals provided by contractors shall meet the requirements of this MOU.

5, Purposes of Appraisals: Requirements and Proscriptions

a. Appraisals are conducted to support real estate transactions on trust or restricted

property only, except when non-trust property is part of a congressionally mandated action,

court order, right-of~way acquisition, or land exchange. Such transactions are limited to: n

negotiated sales, approved advertised sales, leases, homesite or residential leases, gift deeds

that remain in trust or restricted status, subdivisions and partitions, property exchanges,

back rent and simple interest for trespass settlements, various types of easements and

rights-of-way, special use permits, or removal of restrictions, certificate of competency, or

fee patents.

b. Appraisals cannot be performed for the following purposes: mortgages (except for mortgages

in which the Oneida Tribe is the mortgagee), probates (except for congressionally mandated, court

ordered, or where required for a sale of property out of probate), subleases, mineral evaluations,

acquisitions or sales of fee lands (unless the acquisition is part of a congressionally mandated

action, court order, right-of-way acquisition, or land exchange), or leases granted at less than fair

annual rents as provided for in 25 C.F. R. § 162.604(b ).

6. Records Management

a. The Tribe agrees to:

i) preserve, protect and manage all fiduciary trust records created regardless of media

and/or maintained by the Tribe during its management of the real estate appraisal services

program.

a) Afiduciary trust record is any document that reflects the existence of an

Indian trust asset and was used in the management of an Indian trust asset.

b) An Indian trust asset refers to lands, natural resources, monies or other assets

held in trust at a particular time by the Federal Government for a Tribe, Alaska

natives or that are or were at a particular time restricted against alienation, for

individual Indians.

c) Managementincludes actions that influence, affect, govern, or control an

Indian trust asset.

The following are examples hot considered to be fiduciary trust records:

[] general administrative, personnel or travel records;

f] education records;

[J law enforcement records;

[J health records;

0 law making unrelated to Indian trust assets;

CJ tribal council resolutions and laws unrelated to Indian trust assets;

and

lJ tribal elections

ii) make available to the Secretary of the Interior (Secretary) all fiduciary trust records

maintained by the Tribe, provided that the Secretary gives reasonable oral or written

advance request to,the Tribe. Access shall includ{) visual inspection and, at the expense

of the Secretary, the production of copies (as agreed upon between the parties) and shall

not include the removal of the records without tribal approval; and

iii) store and permanently retain all inactive fiduciary trust records at the Tribe or allow

such records to be removed and stored at the American Indian Records Repository

(AIRR) in Lenexa, Kansas, at no cost to the Tribe.

3

Open Meeting Packet

Page 55 of 369

b. The Secretary agrees to:

I) allow the Tribe to detennine what records it creates to implement the trust program

assumed under its Title IV agreement, except that the Tribe must create information

required by statute, regulation, and this MOU. No additional record keeping requirements

are required by this agreement;

·

II) store all inactive fiduciary trust records regardless of media at AIRR at no cost to the

Tribe when the Tribe no longer wishes to keep the records. Further, the Tribe will retain

legal custody and detennine access to these records and such records shall not be treated

as Federal records for purposes of chapter 5 ofTitle 5 ofthe United States Code unless

expressly agreed to by the Tribe;

iii) create and manage a single tribal storage and retrieval system for all fiduciary trust

records stored at AIRR. (No records will be accepted at AIRR until such a retrieval

system exists); and

iv) provide technical assistance for the Tribe in preserving, protecting and managing its

fiduciary trust records from available funds appropriated for this purpose.

7. System Security Access

a. Training

Prior to being granted access to DOl automated trust Information technology systems, Tribal

employees must successfully complete the Federal Infonnation System Security Awareness

Training (and complete annually thereafter), the costs of which will be met by the OST.

b. Security Requirements for Access to DOllnformation Technology Systems

i) Prior to being granted access to DOl automated infonnation technology systems and

DOI trust records in any electronic data or hardcopy fonnat, the Tribe agrees that its

employees and employees of its contractors must undergo the. appropriate clearance as

detennined by the position sensitivity rating process, but at a minimum, a National

Agency Check with Inquiries and Credit Check (NAC-IC) and ultimately receive a

final favorable suitability detennination issued by the OST Security Office pursuant to

OMB Circular No. A-130 and DM 441. In addition, pursuant to Homeland Security

Presidential Directive 12 (HSPD~12) (OST is reciprocal with other federal agencies'

background investigations), Tribal employees and employees of its contractors must also

successfully go through a Personal Identity Verification process prior to being granted

access to DOl automated information technology systems. Costs will be incurred by the

OST.

ii) The Tribe agrees to take logical and physical steps necessary to secure trust

infonnation as required by OMB, and in the everit of a security related incident (i.e. theft,

network compromise) affecting Government Furnished Equipment (GFE) or tribal

equipment utilized in the performance of the Real Estate Appraisal Services Pt'ogram

also agrees to notify the OST or BIA IT Security Manager, or the designated

representative, within 24 bouts of discovery of the incident.

iii) The Tribe will notify the Director; Office oflnfotmation Technology Services, OST,

within 24 hours, of exiting employees who no longer require systems access.

8. Reports

a. The Tribe and OST agree to cooperate in the identification and provision of applicable data and

information pursuant to the Government Perfonnance and Results Act (GPRA) of 1993 (P.L. I 0362). Before providing the infonnation, the Tribe will work with OST-OAS to detennine applicable

data andinfonnation needed to meet the GPRA requirements.

b. The Tribe agrees to submit its appraisal log to OAS, as described in Section III. B. 2. a. and b.

above, on an annual basis no later than October 15, 2010 and each year thereafter.

c. The Tribe agrees to provide backlog infonnation to the OST-OAS Regional Appraiser on a

quarterly basis. See Section III. B. 2.c. above.

4

Open Meeting Packet

Page 56 of 369

9. OMB Circulars

The Tribe agrees that, pursuant to 25 C.F.R. §I 000.395, OMB circulars and revisions apply, except for:

a. listed exceptions for Tribes and Tribal Consortia;

b. exceptions in 25 U.S.C. 450j-l(k); and

c. additional exceptions that OMB may grant.

I 0. Single Audit Act

a. The Tribe agrees that the OST is authorized to obtain a copy ofthe Tribe's audit prescribed

by the Single Audit Act Amendments of I996 (Pub, Law I 04-I56), Circular A-133 ("Single

Audit Act audit").

b. The Tribe agrees to mail a copy of its single audit act audit to: Director, Office ofTrust

Review and Audit, 4400 Masthead Street NE, Albuquerque, NM 87109.

IV. OST DUTIES AND RESPONSIBILITIES

A. The OST will notify the Tribe of training related to management of the Tribe's appraisal program.

B. The OST-OAS Regional Appraiser shall provide an appraisal review completed in compliance with

USPAP within 30 days after the OS'f-OAS receives the appraisal report.

C. Once appraisals are reviewed and approved, the OST-OAS Regional Supervisory Appraiser (RSA) will

do the following:

1. If an appraisal report did not require changes or corrections, the RSA will obtain three (3)

additional original appraisal reports (or color copies) with original signatures; and will submit

three (3) appraisal reports, three (3) review repOiis, and three (3) appraisal requests for each report

to the BIA Superintendent and/or designee for processing.

2. If an appraisal report required changes or corrections, the RSA will obtain four (4) original

appraisal reports (or color copies) of the final approved appraisal report with original signatures;

and will submitthree (3) appraisal reports, three (3) review reports, and three (3) appraisal

requests for each reportto the BIA Superintendent and/or designee for procession.

D. Third-party Appraisals

1. As used in this document, third-party appraisals are those procured by an individual Indian

landowner, commercial enterprises, utility companies, or an Indian

tribe acting as a non-federal party.

2. Upon request by the appropriate realty program (federal or 638 tribal) and/or

BIA line officer, OAS shall review a third-party appraisal if:

a. the statement-of-work identities the OST as the Client and Intended User of the

appraisal. Statements-of-work may be coordinated with the third party, but ultimate

responsibility forth() document remains with OAS;

b. the third party consults with the appropriate OAS Regional Appraiser prior to the

initiation of the appraisal on the statement-of-work for the appraisal and a list of

recommended fee appraisers; and

c. the appraiser-of-record selected to perform the appraisal is a state-certified general

appraiser, competent to appraise the subject property at issue, and meets applicable

appraisal standards for the intended use of the appraisal.

E. OST agrees to compensate the Tribe for the cost of security clearances for l.lP to three tribal employee

appraisers per year.

F. OST has an automated risk management tool that will be available for the Tribe's use upon request.

G. OST will conduct a formal trust evaluation of the Tribe's ReaLEstate Appraisal Services Program

annl.lally. The evaluation criteria to be used by OST shall be submitte~ to the Tribe at least 30 days prior to

the evaluation for the Tribe's review and clarification. Other visits may occur upon agreement of the

parties,

5

Open Meeting Packet

Page 57 of 369

SIGNATURES

The foregoing is hereby agreed to as stated on this

day of

August , 2009, will become effective on

January I, 2010 and remain in effect unless modified and such

modification is agreed to in writing by the parties.

ONEIDA TRIBE OF INDIANS OF WISCONSlN

~-~~-----Richard G. Hill, Chaim1an

Oneida Business Committee

jp?

jo,

Date

Dtrec o , 0

Office of External Affairs

Secretary's Delegated Official

Date

10 ·/· oj

6

Open Meeting Packet

Page 58 of 369

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

09 / 28 / 16

2. General Information:

Session:

Open

Agenda Header:

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

Resolutions

Accept as Information only

Action - please describe:

Adopt the resolution titled Assignment of Return on Investment from Oneida Total Integrated Enerprises

to Economic Development and Diversification

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Handouts will be provided

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary and Trish King, Tribal Treasurer

Primary Requestor/Submitter:

Lisa Liggins, Executive Assistant II

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Open Meeting Packet

Page 59 of 369

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

09 / 28 / 16

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:

Accept Legislative Operating Committee FY '16 3rd quarter report

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens, LOC Chairperson

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Open Meeting Packet

Page 60 of 369

r'\

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

000000:

PO Box 365 • One ida, WIS41SS·0)65

ONEIDA

Ontldo·nm .gav

FY16 3rd Quarter Report

Legislative Operating Committee

Third Quarter Summary:

Marriage Law Amendments and Election Law Emergency Amendments w ere adopted by the OBC.

The OBC adopted the Election Law Emergency Amendments on April 27, 2016. Adoption of these

amend ments were necessary to ensure compliance with recent changes made to the Oneida

Constitution, which changed the voting age from 21 to 18. This was done on an emergency basis

beca use a ca ucus was sch eduled for May 7, 2016.

The OBC adopted the Marriage Law Amendments on May 25, 2016. This was an effort to provide for a

way to waive the standard wa iting period, provide for an adm inistrative fee for changes to an

application, and to provide a process to adopt a fee schedule.

Third Quarter Agenda Items:

Sponsor

Brandon Stevens, LOC Chair

New Laws

Eviction & Termination

Employment

Tehassl Hill, LOC Vice Chair

Fawn Billie

Research Protection

Higher Education

David Jordan

Jenny Webster

Fitness for Duty

Rules of Ad ministrat ive Procedure

Seal & Flag

Amendments

Petitions/Bylaws

M etivier : Per Capita

Debraska : Per Capita

Leasing Law

Election Law

Marriage Law

Garnishments

Cemet ery Law

Back Pay

Per Capita

Vendor Licensing

Debraska: Health Board

Trust/ Enrollments Bylaws

Administrative Items that didn't require sponsorship:

Administrative Rulemaking templates and Code of Laws reorganiza tion

Page 1 0 f2

A good mind. A good heart. A strong fi re.

Open Meeting Packet

Page 61 of 369

LOC Meeting Dates:

April 6, April 20, M ay 4, May 18, June 1, June 15

Public M eetingsBack Pay Amendments- May 5

Per Capita Amendments- May 19

Leasing Law- May 19

Fitness for Duty- M ay 19

Garnishment Amendments- June 3

Per Capita Amendments- June 16

Mortgage & Foreclosure- June 30

2014-2017 Active Files List as of June 30, 2016:

•

•

•

•

•

56 open legislative items

18 completed items

1 item denied by the LOC (Per Capita Emergency Amendments)

10 Outstanding Administrative Actions

11 Completed Administra tive Actions

General Tribal Council and Oneida Business Committee Priorities

The GTC and OBC priority items from the Active Files List rem ained the same from Quarter 2 to Quarter

3. GTC priorities included the Higher Education Law and the Child Ca re Consumer Complaint l aw. OBC

priorities included the Back Pay Law, and the Oneida Seal & Flag l aw.

legislative Reference Office Activities

An LRO Director was hired and began on June 20, 2016. As of June 30, there were two l egislative

Analyst s and an LRO Director, but no Staff Attorneys in the office. The LRO Director is working with the

LOC Chairman to hire two Staff Attorneys. The LRO staff is working very hard to get the activities of the

LOC completed.

Fourth Quarter Plans

• The LOC will work with the LRO Director to review the current Active Files list and set forth updated

priori ties for the remainder of th is LOC term.

•

•

•

The lRO Director will work with the Chief Counsel to identi fy high priority items and assign them to

Staff Attorneys from the Law Office.

The ll\0 w ill begin strategic planning for office activities and goals.

Attorneys will be hired for the LRO.

Report Prepared By :

Ci2)1.1v:A.~~~

Brandon St evens, LOC Chairperson

~~tf.~

Date

q{b-/-.._..__

l lz

Date

Page 2 of 2

A good mind. A good heart. A 6lrong lire.

~

ONEIDA

Open Meeting Packet

Page 62 of 369

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

9

/ 28 / 16

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:

Approve the 9/21/16 LOC Meeting Minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. 9/21/16 LOC Meeting Minutes

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens, LOC Chair

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Open Meeting Packet

Page 63 of 369

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Business Committee Conference Room-2nd Floor Norbert Hill Center

September 21, 2016 9:00 a.m.

Present: Brandon Stevens, Tehassi Hill, David P. Jordan, Jennifer Webster, Fawn Billie

Others Present: Jennifer Falck, Tani Thurner, Clorissa Santiago, Maureen Perkins, Jo Anne

House, Krystal John, Dianne McLester-Heim, Trina Schuyler, Rhiannon Metoxen, Leyne Orosco,

Kathy Metoxen, Nancy Barton, Mike Debraska (via SEOTS)

I.

Call to Order and Approval of the Agenda

Brandon Stevens called the September 21, 2016 Legislative Operating Committee

meeting to order at 9:07 a.m.

Motion by Fawn Billie to approve the agenda with the deletion of New Submission IV.1

(Continuing Budget Resolution SOE); seconded by Jennifer Webster. Motion carried

unanimously.

II.

Minutes to be approved

1. August 17, 2016 LOC Meeting Minutes

Motion by Fawn Billie to approve the August 17, 2016 LOC meeting minutes;

seconded by Tehassi Hill. Motion carried, with Jennifer Webster abstaining.

III.

Current Business

1. Eviction and Termination Law

Motion by David Jordan to approve the Eviction and Termination law adoption

packet and forward to the Oneida Business Committee for consideration; seconded by

Jennifer Webster. Motion carried unanimously.

2. Landlord – Tenant Law

Motion by Jennifer Webster to approve the Landlord-Tenant law adoption packet and

forward to the Oneida Business Community for consideration, noting the two

changes; seconded by Tehassi Hill. Motion carried unanimously.

Note: the two changes were 1) to correct a typo, and 2) to update the Purpose and

Policy sections of the law.

3. Real Property Law Amendments

Motion by David Jordan to accept the legislative analysis and the public meeting

packet and direct the LOC to hold a public meeting on October 20, 2016; seconded by

Fawn Billie. Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of September 21, 2016

Page 1 of 2

Open Meeting Packet

Page 64 of 369

4. Business Committee Meetings Law

Motion by Jennifer Webster to accept the Oneida Business Committee Meetings law

and send to the Legislative Reference Office for legislative and fiscal analyses;

seconded by Tehassi Hill. Motion carried unanimously.

Note: Brandon Stevens will be the sponsor for this item.

5. Community Support Fund (Handout)

Motion by David Jordan to accept the draft and legislative analysis and to forward the

Community Support Fund to a November 3, 2016 public meeting; seconded by Fawn

Billie. Motion carried unanimously.

IV.

New Submissions

1. Continuing Budget Resolution SOE (Deleted at the adoption of the agenda)

V.

Additions

VI.

Administrative Updates

1. Quarterly Report

Motion by Jennifer Webster to enter the e-poll results into the record, approving the

FY 16 3rd Quarter report; seconded by David Jordan. Motion carried unanimously.

2. Law Drafting SOP and Stylebook

Motion by Jennifer Webster to accept the Law Drafting SOP and legislative stylebook

as FYI; seconded by Fawn Billie. Motion carried unanimously.

VII.

Executive Session

VIII. Recess/Adjourn

Motion by Fawn Billie to adjourn the September 21, 2016 Legislative Operating

Committee meeting at 10:38 a.m.; seconded by David Jordan. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of September 21, 2016

Page 2 of 2

Open Meeting Packet

Page 65 of 369

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

09

I

28

I

16

2. General Information:

Session:

lg] Open

AgendaHeader:

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

LjR_e~p_o_rt_s__________________________________________________________~

D Accept as Information only

lg] Action - please describe:

Accept/approve the Finance Committee 3rd Quarter Report (Apr.- Jun. 2016)

3. Supporting Materials

lg] Report

D Resolution

D Contract

D Other:

1.1Fc 3rd Quarter Report

3.

2.

4.

D Business Committee signature required

4. Budget Information

D Budgeted- Tribal Contribution

D Budgeted -Grant Funded

0

Unbudgeted

5. Submission

AuthorlzedSponsor/Liaison:

ILT_ri_sh__

K_in~g_,T_r_ib_a_I_T_re_a_s_u_re_r____________________________________~

Primary Requestor:

Denise Vigue, Exec. Assist. in Finance

Your Name, Title I Dept. or Tribal Member

Additional Requestor:

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of2

Open Meeting Packet

Page 66 of 369

Oneida Business Committee Agenda Request

6. Cover Memo:

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

Per the Tribal Secretary's Office Schedule- all Boards, Committees, & Commissions are to provide quarterly

reports to the OBC- 3rd Quarter Report of the Finance Committee due on 9/20/16 for the 9/28/16 BC agenda.

1) Save a copy oft his 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 of2

Open Meeting Packet

Page 67 of 369

FINANCE ADMINISTRATION

P.O. Box 365

Oneida, WI 54155

Phone: 920- 869-4325

FAO@oneidanation.org

FINANCE COMMITTEE

3rd Quarter Report

(April to June 2016)

PURPOSE

The Finance Committee is responsible for recommending financial policies, and budgets

that support the mission values, and strategic goals of the organization. The FC’s role is to

review the organization’s financial performance against its goals and recommends policies,

long-range financial plans, and sustainability strategies to ensure the continued financial

health of the Oneida Tribe.

WHO WE SER VE

The Finance Committee (FC) works with all departments within the organization to ensure

all expenditures of any substantial amounts are procured in the most cost effective manner

through the established Purchasing Process Manual. The FC also serves Oneida Community

groups, Oneida charitable organizations, and Oneida tribal members through the Finance

Committee Donation Policy and the Community Fund.

FC MEMBER S

The Finance Committee members include 3 BC members including the Treasurer who

chairs the Finance Committee meetings; the Chief Financial Officer who acts as the Vice

Chair; one member from Executive Management; one member from Program Management;

and one Community Elder Member. Current members are as follows:

Patricia King, Treasurer/FC Chair

Larry Barton, CFO/FC Vice-Chair

David Jordan, BC Council Member

Jennifer Webster, BC Council Member

Patrick Stensloff, Purchasing Director

Louise Cornelius, Gaming GM

Wesley Martin, Jr., Community Elder member

FC Alternate members: Fawn Billie, BC Council Member, Chad Fuss, Gam AGM & Terry

Cornelius, CFA

MEETINGS

The Finance Committee met five times in the Third Quarter on: Apr. 4th & 18th; May 2nd, 16th

& 31st (for Jun mtg.) The five combined meeting run times averaged 1 hour and 50 minutes.

The FC Community Elder member attended four meetings and was paid a stipend for three

meetings (1 mtg. was less than an hour) for a total of $150 paid in stipends in the Third

Quarter.

Page 1 of 2

Finance Committee FY16 – 3rd Quarter Report

Open Meeting Packet

Page 68 of 369

ACTIVITIES SUMMARY

 ORGANIZATIONAL REQUESTS

In the Third Quarter the FC reviewed/approved Twenty-Seven (27) Departmental

requests for: supplies, Capital Expenditure items, CIP projects, Purchase Order increases

and/or other contracted services for a total amount approved of $3,895,245.09.

The FC also reviewed 7 requests for services in Executive Session from the

Comprehensive Health Division, Gaming Division and Joint Marketing. Two requests from

Gaming were follow up items; five requests were approved for a total amount of

$1,813,815.

Lastly, the FC reviewed as FYI Eleven (11) requests from the Gaming Division, the CFO,

the Treasurer and the Trust Department. The requests consisted of lease games, internal FC

processes, follow-ups regarding the Floyd Acheson Endowment Fund and the MIS Tier IV

activities at the Skenandoah Complex and one request from the Trust Department to

provide direction for the establishment of a Language Revitalization Endowment Fund. Due

to unforeseen circumstances (power outage) there was no FC meeting in June 2016.

 INVESTMENT UPDATES

For June 30th, our managers gained 4.05% fiscal year to date, compared to 5.44% for the

index. So we are still lagging the blended index a bit. We experienced a small loss in value from

April 1 to June 30th. We now show a gain of $2,073,561 for the fiscal year to date. For calendar

year to date, our managers earned a return of 2.28%, compared to the blended index return of

1.79%.

 FC DONATIONS

In the Third Quarter there was one Donation Request from the Oneida Nation Longhouse

for kitchen repairs/construction. The FC reviewed and approved the request in the amount

of $2,500. For the combined three quarters of FY16, $31,000 in Donations has been

provided with $13,000 remaining. As per the Finance Committee Donation Policy the

groups/requests approved represent the following categories: 1) Oneida Community

Causes; 2) Local Groups (charitable); and 3) National Groups (Indian Affiliated).

 COMMUNITY FUND

In the Third Quarter the Finance Committee met on April 4th, May 2nd and May 31st to

review Community Fund requests. There were Eleven (11) Coca-Cola Product Requests

reviewed and approved for a total of 267 Cases of Product. All requests were for Oneida

Community Events and Fundraising Events. The FC also reviewed Sixty (60) requests for

funds; 47 requests were approved for a total amount of $15,808. From the approved

amount 33 requests for youth participation in various summer camps and sporting events

as well as one class graduation trip; 11 requests were for Adult self-development for

beading and art registration fees; and sports competition fees. Two requests were for

community events and one was for a Community fundraising event. The Third Quarter

Community Fund balance sheet that is attached provides specific details.

____________________________________________________________________________

* Specific actions of all requests/activities by the Finance Committee can be found in the minutes that are

submitted to the OBC at each of their regularly scheduled meetings.

Page 2 of 2

Finance Committee FY16 – 3rd Quarter Report

Open Meeting Packet

Page 69 of 369

ONEIDA NATION

FINANCE ADMINISTRATION

N7210 Seminary Road

P.O. Box 365

Oneida, WI 54155

Phone: 920- 869-4325

FAO@oneidanation.org

MEMORANDUM

TO:

Oneida Business Committee

FR:

Denise J. Vigue, Executive Assistant-Finance

DT:

September 12, 2016

RE:

Finance Committee Donations – Q3 Update

This serves as an update report from the Finance Committee as to the current status

and balance in the Finance Committee Donation Line through three quarters of FY16.

According to the Donation Policy, there was a stipulation of percentage allocations divided

and tracked as follows:

40% Oneida Community Causes

40% Local Groups

20% National Groups

Amount: $17,600

Amount: $17,600

Amount: $8,800

There was only one Third Quarter request approved in May to the Oneida Longhouse

Fund in the amount of $2,500 for kitchen repairs/construction at the Longhouse. There

were no Donation requests in April or June 2016. Following are the updated amounts and

totals remaining in each category.

______________________________________________________________________

Finance Comm ittee Donation Line Totals through June 2016

Designations/Percentages

1. Oneida Community Causes / 40%

2. Local Groups / 40%

3. National Groups / 20%

Allocated Amt.

Spend Amt.

$17,600

$17,600

$ 8,800

$15,000

$12,500

$ 3,500

Remaining Balance

$2,600

$5,100

$5,300

$44,000

$31,000

$13,000

______________________________________________________________________

If there is anything else you need in this regard please let me know. Thank you.

Page 1 of 1

FC Donation Line Update Report – June 2016

Open Meeting Packet

Page 70 of 369

FY 2016 - COMMUNITY FUND

THIRD QUARTER REQUESTS (April 2016 - June 2016)

APRIL

FC Mtg Date

Name of Requestor

Request Category

Title /Description

Req Amt

$

$

$

$

Req Product

300.00

117.00

130.00

1,000.00

Action

4-Apr-16

Joshua Thomas

SD-Youth

Camp U-Nah-Li-Ya for daughter

4-Apr-16

Margaret VanDenHeuvel

SD-Youth

YMCA Camp Kermit for son

4-Apr-16

Elizabeth Webster

SD-Youth

YMCA Camp Kermit for daughter

4-Apr-16

Judith Skenadore

CommFundr

17th Annual Matt Skenadore Memorial

4-Apr-16

Judith Skenadore

CommFundr

17th Annual Matt Skenadore Memorial

4-Apr-16

Rosemary Malanik

SD-Adult

Rosemary Hill Beading classes

$

250.00

Approved

4-Apr-16

Patricia Kottke

SD-Adult

Rosemary Hill Beading classes

$

300.00

Approved

4-Apr-16

Norma Primeau

SD-Adult

Rosemary Hill Beading classes

$

300.00

Approved

4-Apr-16

Eleanor Bailey

SD-Adult

Rosemary Hill Beading classes

$

250.00

Approved

4-Apr-16

Lisa Rauschenbach

SD-Youth

SW Legion Baseball for son

Racquel Hill

CommEvt

Wi Indian Golf Assn Annual Event

300.00

750.00

Approved

4-Apr-16

$

$

4-Apr-16

Shirley Barber

SD-Adult

Rosemary Hill Beading classes

$

250.00

Approved

4-Apr-16

Wayne Metoxen

SD-Youth

Oneida 9 & 10 yr old Little League

4-Apr-16

Kristy Cornelius

SD-Youth

WEAP Program for son

$

$

1,000.00

180.00

4-Apr-16

Lystra Charnon

CommEvt

Oneida Nation High School Prom

4-Apr-16

Pamela Green-LaBarge

SD-Adult

Rosemary Hill Beading classes

$

100.00

Approved

4-Apr-16

Judith Jourdan

SD-Adult

Rosemary Hill Beading classes

$

300.00

Approved

4-Apr-16

Kim Nishimoto

SD-Youth

Especially for Youth camp for daughter

Lee Cornelius

SD-Youth

Especially for Youth camp for daughter

Approved

4-Apr-16

Shane Skenandore

SD-Youth

GB Packers Youth Football camp for son

300.00

300.00

300.00

Approved

4-Apr-16

$

$

$

4-Apr-16

Rosalind Heinz

SD-Adult

Rosemary Hill Beading classes

$

300.00

Approved

4-Apr-16

Terry Cornelius

SD-Youth

Summer Music Camp for daughter

$

300.00

Approved

Approved

Approved

Approved

Approved

25 Cases

Approved

Approved

Approved w/Conting.

Approved

12 Cases

Approved

Approved

Open Meeting Packet

Page 71 of 369

MAY

FC Mtg Date

Name of Requestor

Request Category

Title /Description

Req Amt

Req Product

15 Cases

Action

2-May-16

Dionne Jacobs

CommEvt

ONHS Graduation in June

2-May-16

Shannon King

SD-Youth

UWGB Rock Music Academy for son

2-May-16

Michael Debraska

Personal

Laptop Purchase

2-May-16

Shoney Skenandore

SD-Youth

Golf Tournament fees for daughter

2-May-16

Shoney Skenandore

SD-Youth

Golf Tournament fees for son

2-May-16

Kristen & Amii John

SD-Youth

Lacrosse Camp fees for son

2-May-16

Tabitha & David Hill

2-May-16

Tonya Webster

SD-Youth

CommEvt/

Fundraiser

Air Force Gymnatics Academy for daughter

PowWow Committee Fundraiser @ Oneida 4th of

July PowWow

2-May-16

Beverly Somers

Personal

I-Pad Pro Purchase

Deferred

2-May-16

Daniel Miller

Personal

I-Pad Pro Purchase

Deferred

2-May-16

Sylvia Cornelius

CommEvent

Oneida Youth & Elder Fishing Day

14 Cases

Approved

2-May-16

Claudia Skenandore

CommEvent

Elder Services-Blaze a Trail Dance

10 Cases

Approved

2-May-16

Tiffany Bowles

SD-Youth

Beginner Tennis classes for daughter(AB)

2-May-16

Tiffany Bowles

SD-Youth

Beginner Tennis classes for daughter(EB)

2-May-16

Lori Elm

SD-Youth

Middle School Graduation Class Trip for daughter

2-May-16

Kristine Henley

SD-Youth

Class Competition fees for son

2-May-16

Reese Hill

CommEvent

4th Annual Resurrected Ridez Car Show

2-May-16

Reese Hill

CommEvent

4th Annual Resurrected Ridez Car Show

25 Cases

Approved

2-May-16

Lori Elm

CommEvent

DOLM Home Resource Fair

10 Cases

Approved

2-May-16

Sylvia Cornelius

SD-Youth

UWGB Volleyball Camp for daughter

2-May-16

Vicki Parker

SD-Youth

Southwest H.S. DECA trip registration for son

2-May-16

Michaela Arndt

SD-Adult

AO-Vida Volunteer Program fees

2-May-16

Curtiss Summers

SD-Youth

Oneida Lacrosse Team Fundraisers

$

300.00

Approved

Approved

Deferred

$

$

$

$

247.00

300.00

135.00

300.00

Approved

Approved

Approved

Approved

100 Cases

75 Cs Approved

$

$

252.00

252.00

Approved

$

$

$

300.00

300.00

1,000.00

Approved

$

$

Approved

Approved

Approved

300.00

200.00

Approved

Approved

Denied

50 Cases

41 Cs Approved

Open Meeting Packet

FC Mtg Date

Name of Requestor

Page 72 of 369

Request Category

MAY/JUNE

Title /Description

31-May-16

Michael Debraska

Personal

Laptop Purchase

31-May-16

Beverly Somers

Personal

I-Pad Pro Purchase

31-May-16

Daniel Miller

Personal

I-Pad Pro Purchase

31-May-16

Zandra John

SD-Youth

31-May-16

Yen^skwas Danforth

SD-Youth

WCSS 2016 Basketball Camp

Air Force Gymnastics Academy registration for

daughter

31-May-16

Melinda J. Danforth

SD-Youth

Camp U-Nah-Li-Ya registration for son

31-May-16

Christine Klimmek

SD-Adult

Art Workshop registration fees

31-May-16

Jodie Skenandore

SD-Youth

UWGB Art Camp for daughter

31-May-16

Lori Elm

SD-Youth

NAIG Tryouts for youth

31-May-16

Angela Danforth

SD-Youth

Sports Emporium registration for daughter

31-May-16

Angela Danforth

SD-Youth

Duck Creek Pop Warner registration for son

31-May-16

Rhianna Metoxen

SD-Youth

Oneida Elite Lacrosse registration for son

31-May-16

Alicia Tisch

SD-Adult

Bode Boot Camp

31-May-16

Curtiss Summers

SD-Youth

Oneida Lacrosse Tournament-referee fees

31-May-16

Lou Williams

SD-Youth

Concordia Chineses Language Camp for daughter

31-May-16

Richard Elm-Hill

SD-Adult

Great Mother and New Father Conference

31-May-16

Cherie Elm

SD-Adult

31-May-16

Cherie Elm

31-May-16

Req Amt

Req Product

Action

$

$

$

$

300.00

300.00

300.00

299.00

Deferred

$

$

$

$

300.00

300.00

300.00

300.00

Approved

Deferred

Deferred

Approved

Approved

Approved

Approved

15 Cases

Approved

$

$

$

$

$

300.00

130.00

290.00

300.00

1,000.00

Approved

300.00

300.00

300.00

Approved

Great Mother and New Father Conference

$

$

$

SD-Youth

Great Mother and New Father Conference for son

$

300.00

Denied

Cherie Elm

SD-Youth

Great Mother and New Father Conference for son

Darnell Danforth

SD-Youth

UWGB Art Camp for daughter

31-May-16

Breann Clark

SD-Adult

GoAhead Tours Oveseas Trip

31-May-16

Katsi Danforth

SD-Adult

Tough Mudder & Warrior Dash Registration

31-May-16

Josephine Skenandore

SD-Adult

Tough Mudder & Warrior Dash Registration

31-May-16

Alex Powless

SD-Youth

Youth Taekwondo Registration for daughter

31-May-16

Nelson W Ninham

SD-Youth

Camp U-Nah-Li-Ya registration for son

300.00

300.00

300.00

238.00

238.00

300.00

300.00

Denied

31-May-16

$

$

$

$

$

$

$

Fundraiser

AO-Oneida Farmers Market Bash in July

31-May-16

Bill Ver Voort

Approved

Approved

Denied

Approved

Denied

Denied

Approved

Denied

Approved

Approved

Approved

Approved

25 Cases

Approved

Open Meeting Packet

Page 73 of 369

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

09

I 28

I 16

2. General Information:

Session:

IX] Open D Executive- See instructions for the applicable laws, then choose one:

Agenda Header:

!standing Committees

D Accept as Information only

IX] Action - please describe:

BC approval of Finance Committee Meeting Minutes of Sept. 19, 2016

3. Supporting Materials

D Report

D Resolution

D Contract

IX] Other:

1.,.-F_C_M_t_g_M_i_n_u-te_s_o_f-9/_1_9_/1-6-----------.

3 . FC

L- E-Poll

---- - - - -NIEA

----------'

Spl

approving

Donation

2.,FC E-Poll approving 9/19/16 Minutes

4.

D Business Committee signature required

4. Budget Information

D Budgeted -Tribal Contribution

D Budgeted- Grant Funded

D Unbudgeted

5. Submission

Authorlzed Sponsor/Liaison:

~lr_ri_sh_Ki_n~g_,T_r_ib_a_lT_r_e_as_u_re_r_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Primary Requestor:

Denise Vigue, Executive Assistant /Finance Administration

Your Name, Title I Dept. or Tribal Member

Additional Requestor:

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of2

______j

Open Meeting Packet

Page 74 of 369

ONEI D A FI N ANCE COM M I TTEE

STRATEGIC FINANCIAL PLANNING MEETING

Sept. 19, 2016 – 9:00 A.M.

BC Executive Conference Room

REGULAR MEETING

Sept 19, 2016 – 10:00 A.M.

BC Executive Conference Room

REGULAR MEETING MINUTES

Strategic Financial Planning Meeting:

Patricia King, Treasurer/FC Chair

David Jordan, BC Council Member

Wesley Martin, Jr., Community Elder Member

Larry Barton, CFO/FC Vice-Chair

Chad Fuss, Gaming AGM/FC Alternate

Excused: Jenny Webster, BC Council Member and Patrick Stensloff, Purchasing Director

Others Present: Jennifer Falck, Clorissa Santiago, Krystal John, Ralinda Ninham-Lamberies

and Denise Vigue

FC Regular Meeting:

Patricia King, Treasurer/FC Chair

David Jordan, BC Council Member

Wesley Martin, Jr., Community Elder Member

Larry Barton, CFO/FC Vice-Chair

Chad Fuss, Gaming AGM/FC Alternate

Excused: Jenny Webster, BC Council Member and Patrick Stensloff, Purchasing Director

Others Present: Rich Van Boxtel, Carolyn Miller, Bruce Danforth, Michele Doxtator, Shannon

Davis, Kim La Luzerne, April Skenandore, Jessica King, and Denise Vigue, FC recording

secretary

I.

Ca ll t o O r d e r: The Regular FC meeting was called to order by the FC Chair at 10:00 A.M.

II.

Ap p ro v a l o f Ag e n d a: SEPTEMBER 19, 2016:

Motion by Wesley Martin, Jr. to approve the Finance Committee agenda for August 19, 2016

with the four ADD ON requests. Seconded by David Jordan. Motion carried unanimously.

Ap p ro v a l o f M in u t es: SEPTEMBER 8, 2016 (approved via FC E-Poll on 9/9/16):

III.

Motion by David Jordan to ratify the FC E-Poll action of Sept. 9, 2016 approving the Finance

Committee meeting minutes of Sept. 8, 2016. Seconded by Chad Fuss. Motion carried

unanimously.

IV.

T ab le d Bu sin e ss: N o T abl e d It em s

V.

Cap it al Ex p en d it u r e s :

1.

Unbudgeted Request: OPD Monument

Richard Van Boxtel, Chief of Police, OPD

Chief Van Boxtel was present to discuss this request; due to staff changes OPD no longer will be

administering the Jeffery Skenandore Scholarship fund, there are funds left over in that line, in

discussion with the family it was agreed to erect a monument for fallen officers and to use that leftover

funds, there is still another $627.22 needed per the bids received, would like to take that out of the

OPD budget in saving from Personnel or other line. There was some discussion of use of budget line

items and since request is mainly from family over a scholarship started by the family it would be

appropriate to approve remaining amount needed from the Finance Committee Donation Line.

Motion by Wesley Martin, Jr. to approve from the Finance Committee Donation Line $627.22 to go

towards the OPD Monument noting request is from the family with OPD as the facilitator of securing

monument. Seconded by David Jordan. Motion carried unanimously.

Page 1 of 4

Finance Committee Meeting Minutes of September 19, 2016

Open Meeting Packet

2.

Page 75 of 369

ADD ON: MiCamp Solution – PO Increase

Chad Fuss, Gaming Management

Chad Fuss explained this and the following request for payment of services to continue into FY17 with

a PO Increase for this request and carryover of previously approved funds to FY17 for next request;

both projects ran into delays, this with the wording of the amendments to the contract, communication

delays with vendors and with Bally providing the upgrade; with MiCamp this upgrade is part of a

regulatory compliant element, there are risks associated with not getting upgrades that will enable the

reading of chip credit cards; the actual amount being requested is an increase of $5,938.52.

Motion by Larry Barton to approve the Purchase Order Increase to MiCamp Solutions in the amount of

$5,938.52 due to regulatory compliance and to carry over to FY17 any remaining balance for project

completion. Seconded by David Jordan. Motion carried unanimously.

3.

ADD ON: Meridian (Kiosk Project) – Rollover of Funds

Chad Fuss, Gaming Administration

Chad Fuss further explained this request which is a new project for revenue generation had

unexpected delays with the updates taking more time than expected; would like to rollover the funds as

they know they cannot complete by the end of FY17 but have already started process; rollover would

be remainder of what they need to complete with this project in FY17.

Motion by David Jordan to approve the rollover of funds of the previously approved Meridian-Kiosk

revenue generation project to FY17 in the amount of $49,466. Seconded by Wesley Martin, Jr. Motion

carried unanimously.

VI.

New B u s in es s:

1.

(6) FY17 Blanket PO’s – Bally Technologies

Kim La Luzerne, Gaming-Table Games

Kim La Luzerne and Chad Fuss discussed these requests for services for the Blackjack Department

from Bally Technologies for the rights to use the games (unique to Oneida), lease of games and lease

of shufflers; discussion of old back up documentation, asked that next year plan to update all the

contracts with appropriate/current sign off from Gaming Management and updated Legal Reviews.

Motion by David Jordan to approve the Six Blanket Purchase Order’s for FY17 with Bally

Technologies in the amount of $360,792. Seconded by Larry Barton. Motion carried unanimously.

2.

FY17 Blanket PO – Exclusive Connections

Michele Doxtator, Retail Enterprise

Michele Doxtator was present to discuss this request, provided a handout for the file of the contract

approval from the Law Office; services are for retail promotions as well as gas tax capability for tribal

members.

Motion by David Jordan to approve the FY17 Blanket Purchase Order with Exclusive Connections

in the amount of $288,000. Seconded by Larry Barton. Motion carried unanimously.

3.

FY17 Blanket PO – Lease with Oneida Generations

Shannon Davis, Oneida Gaming Commission

There was a lengthy discussion about these lease payments last year and directives to the OGC to find

a more suitable space as the offices they are in are prime retail space that is not being maximized;

really need for the OGC to work with DPW to find a more suitable space, and with realistic costs for

renovations to that space; discussion of possible other sites i.e. Ridgeview Plaza and newly acquired

old Circuit City building.

Motion by Larry Barton to approve the FY17 Blanket Purchase Order for Lease Payments for

OGC to Oneida Generations in the amount of $98,040. and for OGC to contact DPW on a space

request with recommendations to the FC by the first of the Year 2017. Seconded by Wesley

Martin, Jr. Motion carried unanimously.

Page 2 of 4

Finance Committee Meeting Minutes of September 19, 2016

Open Meeting Packet

VII.

Page 76 of 369

Don at i o n Re q u est s / Rep o r t s:

1.

Donation Update Report

Denise Vigue

This is the most recent update that breaks out the amounts from each of the three identified groups per

the Donation Policy and what is remaining, which is $7,500.

Motion by Wesley Martin, Jr. to accept the FC Donation Line Update Report. Seconded by Chad

Fuss. Motion carried unanimously.

2.

Van with Handicap Access Request for Brother

Requestor: Bruce Danforth

Bruce Danforth was present to discuss request: Van would be for his brother who is in his

seventies and cares for disabled son, they have no vehicle; a nurse comes in daily to help care

for son, but they are not mobile if need arises. Committee members discussed the

recommendation from the CFO, the Asset Disposal Policy, lack of SOP’s in place for this and

future requests from tribal members and condition of used vehicles including liability; this is not,

per se, an item coming from the FC Donation Line and instead this body would need to make

recommendation and refer request to the OBC.

Motion by Larry Barton to approve forwarding the Van with Handicap Access request to the OBC

to consider making a procedural exception of the Asset Disposal Policy approving request and

that GSD and DPW work together to create an SOP related to requests from tribal members and

vehicle disposal based on the Asset Disposal Policy. Seconded by Wesley Martin, Jr. Motion

carried unanimously.

3.

National Indian Education Association-Fall Conference

Jolene Bowman, NIEA Board Member

Committee members not sure of merits of donating to this organization as they are not familiar

with group, perhaps send to Education and Training Manager to receive a

recommendation/value of donation or does tribe already donate annual through membership or

some other means; if approved should stay consistent with amount provided to the Wisconsin

Indian Education Association earlier this year, that amount was $1,000; will need to get

recommendation back in a hurry to decide to get an e-poll completed in time to go to the next BC

meeting.

Motion by Larry Barton to forward this request to the Education and Training Manager to receive

recommendation from him as to an endorsement of a donation to this group and to conduct a FC

E-Poll if needed. Seconded by Wesley Martin, Jr. Motion carried unanimously.

VIII.

E xe cu t iv e Se s sio n: N o i tem s

IX.

Foll o w Up :

1.

ADD ON: Spectra FY17 Blanket PO’s-Handout

Chad Fuss, Gaming Administration

Chad noted that when these three Blanket Purchase Orders were approved at the last FC meeting the

Committee asked for some type of ROI document, the handout today is an analysis of purchases with

incremental increases of meals purchased by players, breakdown is more global, his staff working on a

more detailed breakdown that should be ready next month.

Motion by Larry Barton to accept analysis information as FYI. Seconded by David Jordan. Motion

carried unanimously.

X.

FY I an d / o r T h an k Y o u :

1.

FYI: Incredible Technologies (4) Lease Games

David Emerson, Gaming Slots Dept.

Motion by David Jordan to accept as FYI the 4 leased games with Incredible Technologies. Seconded

by Larry Barton. Motion carried unanimously.

Page 3 of 4

Finance Committee Meeting Minutes of September 19, 2016

Open Meeting Packet

2.

Page 77 of 369

ADD-ON: FYI: Aristocrat (4) Lease Games

David Emerson, Gaming Slots Dept.

Motion by Wesley Martin, Jr. to accept as FYI the 4 leased games with Aristocrat. Seconded by David

Jordan. Motion carried unanimously.

XI.

Other:

1. FC Third Quarter Update Report to the OBC

Denise Vigue

Motion by Larry Barton to approve the Finance Committee’s 3rd Quarter Update Report and

send it to the next OBC agenda. Seconded by Wesley Martin, Jr. Motion carried unanimously.

XII.

Ad jo u r n : Motion by David Jordan to adjourn. Seconded by Larry Barton. Motion carried

unanimously. The regular FC meeting ended at 11:24 A.M.

Minutes taken and transcribed by:

Denise Vigue, Executive Assistant in Finance

& Finance Committee Recording Secretary

Finance Committee- E-Poll Minutes Approval Date:

September 20, 2016

Oneida Business Committee- FC Minutes- Approval Date:

Page 4 of 4

Finance Committee Meeting Minutes of September 19, 2016

Open Meeting Packet

Page 78 of 369

ONEIDA NATION

P.O. Box 365

Oneida, WI 54115

MEMORANDUM

TO:

Finance Committee

CC:

Business Committee

FR:

Denise Vigue, Executive Assistant

DT:

September 20, 2016

RE:

E-Poll Results of: FC Meeting Minutes of Sept. 19, 2016

An E-Poll vote of the Finance Committee was conducted to approve the

September 19, 2016 Finance Committee meeting minutes. The results of

the completed E-Poll are as follows:

E-POLL RESULTS:

There was a Majority 4 YES votes from Larry Barton, David Jordan,

Wesley Martin, Jr. and Chad Fuss to approve the September 19, 2016

Finance Committee Meeting Minutes.

The minutes will be placed on the next BC agenda of Sept. 28, 2016 for

approval and the next Finance Committee agenda of Oct. 3, 2016 to ratify

this E-Poll action.

__________________________________________________________________________________________________________________________________________________________

* Per the Finance Committee By-Laws Article III-Meetings, 3-4 Quorum. Four (4) members of the Finance Committee shall

constitute a quorum & 3-6 Voting. (d) The Finance Committee shall act by a majority of vote of the quorum present at any

meeting.

Finance Administration Office

Phone: 920- 869-4325

FAO@oneidanation.org

Open Meeting Packet

Page 79 of 369

ONEIDA NATION

Finance A dministrati on

P.O. Box 365 ● Oneida, WI 54155

Phone: 920- 869-4325

FAO@oneidanat ion.org

MEMORANDUM

To:

Oneida Finance Committee

Fr:

Denise Vigue, Executive Assistant-Finance

Dt:

September 19, 2016

Re:

E-Poll Results – Donation to the Nat’l Indian Education Assn

On September 19, 2016 the Treasurer approved an E-poll of the Finance

Committee regarding a FC Donation Line request from the National Indian

Education Association for a sponsorship to the Fall Conference Oct. 5-8, 2016.

E-POLL RESULTS:

There was a Majority - 5 YES votes from David Jordan, Wesley

Martin, Jr., Larry Barton, Chad Fuss and Jennifer Webster to approve

the above donation request in the amount of $1,000.

This concludes the Finance Committee Special E-poll. The information will be

forwarded to the Business Committee Sept. 28, 2016 agenda along with the FC

meeting minutes of Sept. 19, 2016. This item will also be place on the FC

agenda of October 3, 2016 to ratify this E-Poll. Thank You.

Finance Committee By-Laws excerpt:

Article III. Meetings

3-6.

Voting

(c)

Telephone and e-mail polls may be allowed by authority of the (Finance Committee) Chairperson.

Polls must be sent to all Finance Committee members with a quorum responding.

Open Meeting Packet

Page 80 of 369

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

09

I 28 I 16

2. General Information:

Session:

[8] Open D Executive- See instructions for the applicable laws, then choose one:

Agenda Header:

!standing Committees

D Accept as Information only

[8] Action - please describe:

BC review recommendation /follow-up from Finance Committee action taken at their Sept. 19, 2016 meeting.

3. Supporting Materials

D Report

D Resolution

D Contract

[8] Other:

1.1Fc Mtg Minutes excerpt of 9/19/16

3..___ _ _ _ _ _ _ _ _ _ _ _ _ _ ______,

2. CFO Recommendation & Van donation request

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

Phone: (920)869-2214 (2016) | Frix