Oneida Business Committee (2021)
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Oneida Business Committee
Regular Meeting
8:30 AM Wednesday, February 10, 2021
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.
Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members
of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and
present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.
NOTICE
In accordance with the OBC Virtual meeting standard operating procedure, due to the Public
Health State of Emergency the OBC meeting will be held virtually through Microsoft Teams and
therefore be closed to the public. Any person who has comments or questions regarding open
session items may submit them to TribalSecretary@oneidanation.org no later than the close of
business the day before the OBC meeting. Any comments or questions received shall be noticed
to the OBC and entered into the record as a handout by the Business Committee Support Office. A
recording of the virtual meeting shall be made available on the Nation’s website.
I.
CALL TO ORDER
II.
OPENING
III.
ADOPT THE AGENDA
IV.
MINUTES
A.
V.
Approve the January 27, 2021, regular Business Committee meeting minutes
Sponsor: Lisa Liggins, Secretary
RESOLUTIONS
A.
Adopt resolution entitled Extension of Declaration of Public Health State of
Emergency Until March 13, 2021
Sponsor: Tehassi Hill, Chairman
B.
Adopt resolution entitled Emergency Amendments to the Oneida General Welfare
Law
Sponsor: David P. Jordan, Councilman
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VI.
C.
Adopt resolution entitled Adoption of COVID Quarantine Assistance Program
Sponsor: David P. Jordan, Councilman
D.
Adopt resolution entitled 2020 Intertribal Buffalo Council, Buffalo Herd Development
Grant Application
Sponsor: Debbie Thundercloud, General Manager
E.
Adopt resolution entitled Authorizing Exemption from Temporary Closure – Oneida
Nation Arts Board
Sponsor: Lisa Liggins, Secretary
F.
Adopt resolution entitled Temporary Assistance to Needy Families (TANF) Grant
Application
Sponsor: Debbie Thundercloud, General Manager
STANDING COMMITTEES
A.
LEGISLATIVE OPERATING COMMITTEE
1.
VII.
NEW BUSINESS
A.
VIII.
Post four (4) vacancies - Oneida Nation Arts Board
Sponsor: Lisa Liggins, Secretary
GENERAL TRIBAL COUNCIL
A.
IX.
Accept the January 20, 2021, regular Legislative Operating Committee
meeting minutes
Sponsor: David P. Jordan, Councilman
Enter the e-poll results into the record regarding the approved January 2021 Annual
Report mailing per BC resolution # 12-09-20-C
Sponsor: Lisa Liggins, Secretary
EXECUTIVE SESSION
A.
REPORTS
1.
Accept the Gaming General Manager FY-2021 1st quarter report (9:30 a.m.)
Sponsor: Louise Cornelius, Gaming General Manager
2.
Accept the Human Resource Area Manager FY-2021 1st quarter report (10:00
a.m.)
Sponsor: Geraldine Danforth, Area Manager/Human Resources
3.
Accept the Oneida Retail General Manager FY-2021 1st quarter report (10:30
a.m.)
Sponsor: Eric McLester, Retail General Manager
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B.
C.
4.
Accept the Emergency Management Director FY-2021 1st quarter report
(11:00 a.m.)
Sponsor: Kaylynn Gresham, Director/Emergency Management
5.
Defer the Joint Marketing FY-2021 1st quarter report
Sponsor: Eric McLester, Retail General Manager
6.
Accept the General Manager report (
Sponsor: Debbie Thundercloud, General Manager
7.
Approve the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
AUDIT COMMITTEE
1.
Accept the November 23, 2020, regular Audit Committee meeting minutes
Sponsor: David P. Jordan, Councilman
2.
Accept the Card Games and Poker compliance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
3.
Accept the Elementary School performance assurance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
4.
Accept the Information Technology compliance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
5.
Accept the Oneida Airport Hotel Corporation (OAHC) performance assurance
audit and lift the confidentiality requirement
Sponsor: David P. Jordan, Councilman
6.
Accept the Roulette Rules of Play compliance audit and lift the confidentiality
requirement
Sponsor: David P. Jordan, Councilman
7.
Accept the Slots compliance audit and lift the confidentiality requirement
Sponsor: David P. Jordan, Councilman
8.
Accept the Surveillance compliance audit and lift the confidentiality
requirement
Sponsor: David P. Jordan, Councilman
NEW BUSINESS
1.
Accept the Bay Bank January 2021 Presidents Report
Sponsor: Marie Summers, Councilwoman
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X.
2.
Review the posting request and determine next steps - Oneida Police
Department
Sponsor: Sandra Reveles, Chairwoman/Oneida Police Commission
3.
Review the Business Compliance Analyst job description and determine next
steps
Sponsor: Jessica Vandekamp, Employee Relations Representative
4.
Enter e-poll results into the record regarding the approved OGE Agent
closeout report and the OGE Agent resignation dated January 15, 2021
Sponsor: Lisa Liggins, Secretary
5.
Enter the e-poll results into the record regarding the approved the OGE Agent
agreement and appoint James Petitjean as OGE Agent
Sponsor: Lisa Liggins, Secretary
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and
Open Meetings law (§ 107.14.)
The meeting packet of the open session materials for this meeting is available by going to the Oneida
Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364
or (800) 236-2214
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Approve the January 27, 2021, regular Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
02/10/21
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☒ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
CWILSON1
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Oneida Business Committee
Regular Meeting
8:30 AM Wednesday, January 27, 2021
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
REGULAR MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Tina Danforth, Council
members: Daniel Guzman King, David P. Jordan, Marie Summers, Jennifer Webster;
Not Present: Councilman Kirby Metoxen;
Arrived at: Secretary Lisa Liggins arrived at 8:42 a.m.;
Others present: Jo Anne House, Larry Barton, Debbie Thundercloud (via Microsoft Teams1), Danelle
Wilson (via Microsoft Teams), Melinda J. Danforth (via Microsoft Teams), Chad Wilson, James Petitjean
(via Microsoft Teams) Nancy Barton (via Microsoft Teams), Candace House (via Microsoft Teams), Tina
Jorgensen (via Microsoft Teams), Sherrole Benton (via Microsoft Teams), Eric Boulanger (via Microsoft
Teams), Ronald E. King (via Microsoft Teams), Elijah Metoxen (via Microsoft Teams), Mark W. Powless
(via Microsoft Teams), Louise Cornelius (via Microsoft Teams), Diana King (via Microsoft Teams), Lisa
Duff (via Microsoft Teams), Chad Fuss (via Microsoft Teams), Brenda Mendolla-Buckley (via Microsoft
Teams), Lorna Skenandore (via Microsoft Teams), Fawne Rasmussen (via Microsoft Teams), Krystal
John (via Microsoft Teams), Jacque Boyle (via Microsoft Teams), Kristen Hooker, Clorissa Santiago, Paul
Witek (via Microsoft Teams), Troy Parr (via Microsoft Teams), Pat Pelky (via Microsoft Teams); Rae
Skenandore (via Microsoft Teams) Brooke Doxtator (via Microsoft Teams), Martin Prevost, Melanie
Burkhart (via Microsoft Teams);
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 8:36 a.m.
For the record: Secretary Lisa Liggins will be arriving late. Councilman Kirby Metoxen is on vacation.
II.
OPENING (00:00:21)
Opening provided by Chairman Tehassi Hill.
Secretary Lisa Liggins arrived at 8:42 a.m.
1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file
sharing, and video meetings
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A.
Special recognition for years of service (00:04:16)
Sponsor: Geraldine Danforth, Area Manager/Human Resources
Special recognition by Chairman Tehassi Hill of the following individuals: 40 years of service - Deborah
A. Reiter-Mehojah; 35 years of service - Linda F. Powless, Renee M. Hill, Lois J. Domencich; 30 years
of service - Michelle M. Braaten, Wendel Cornelius Jr., 25 years of service - Troy D. Parr, Stephanie L.
Funmaker, Kevin S. Rentmeester, Luz V. Redhail, Stephanie Eberhardy, Lisa A. Parks, Rene E. Cree,
Daniel W. Doxtater, Robin L. Rice, Kimberly K. Mehojah, Marianne J. Calderon, Shane Thomas,
Daniel J. Moran IV., James M. Sommerfeldt, Michelle D. Rutues, Lisa L. Duff, Mindy R. Rass, Michelle
L. Poole, Eva E. Doxtator, Michael V. Doxtator
III.
ADOPT THE AGENDA (00:07:53)
Motion by David P. Jordan to adopt the agenda with one (1) addition [under Resolutions, add item
VI.B. Adopt resolution entitled Oneida Nation Eviction and Foreclosure Moratorium], seconded by
Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
IV.
OATH OF OFFICE
A.
Pardon and Forgiveness Screening Committee - Eric Boulanger, Ron King Jr.,
Elijah Metoxen, and Mark W. Powless (00:08:39)
Sponsor: Lisa Liggins, Secretary
Oaths of office administered by Secretary Lisa Liggins. Eric Boulanger, Ron King Jr., Elijah Metoxen,
and Mark W. Powless were present via Microsoft Teams.
V.
MINUTES
A.
Approve the January 13, 2021, regular Business Committee meeting minutes
(00:12:30)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to approve the January 13, 2021, regular Business Committee meeting
minutes, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
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VI.
RESOLUTIONS
A.
Enter e-poll results into the record regarding the adopted BC resolution # 01-0721-A (00:13:01)
Sponsor: Lisa Liggins, Secretary
Motion by David P. Jordan to enter the e-poll results into the record regarding the adopted BC
resolution # 01-07-21-A, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
B.
Adopt resolution entitled Oneida Nation Eviction and Foreclosure Moratorium
(00:13:31)
Sponsor: Debbie Thundercloud, General Manager
Motion by Lisa Liggins to adopt resolution 01-27-21-A Oneida Nation Eviction and Foreclosure
Moratorium, seconded by Tina Danforth. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
VII.
STANDING COMMITTEES
A.
FINANCE COMMITTEE
1.
Accept the January 4, 2021, regular Finance Committee meeting minutes
(00:19:25)
Sponsor: Tina Danforth, Treasurer
Motion by Lisa Liggins to accept the January 4, 2021, regular Finance Committee meeting minutes,
seconded by Tina Danforth. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
2.
Accept the January 18, 2021, regular Finance Committee meeting minutes
(00:20:07)
Sponsor: Tina Danforth, Treasurer
Motion by Jennifer Webster to accept the January 18, 2021, regular Finance Committee meeting
minutes, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
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B.
LEGISLATIVE OPERATING COMMITTEE
1.
Approve the Oneida Nation Emergency Planning Committee bylaw amendments
(00:20:32)
Sponsor: David P. Jordan, Councilman
Motion by Lisa Liggins to approve the Oneida Nation Emergency Planning Committee bylaw
amendments with one noted change in 1-5.(d)(1)(A)(i) to add clarifying language that one (1) member
for the entire committee can be a non-Oneida enrolled member, seconded by David P. Jordan. Motion
carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
2.
Adopt emergency amendments to Landlord-Tenant Law rule #2 – Income Based
Rental Program Eligibility, Selection and Other Requirements (00:33:32)
Sponsor: David P. Jordan, Councilman
Motion by David P. Jordan to adopt the emergency amendments to Landlord-Tenant Law rule #2 –
Income Based Rental Program Eligibility, Selection and Other Requirements, seconded by Lisa
Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
3.
Accept the December 16, 2020, regular Legislative Operating Committee
meeting minutes (00:37:25)
Sponsor: David P. Jordan, Councilman
Motion by Jennifer Webster to accept the December 16, 2020, regular Legislative Operating
Committee meeting minutes, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
C.
QUALITY OF LIFE COMMITTEE
1.
Approve the revised Quality of Life Committee charter (00:38:08)
Sponsor: Marie Summers, Councilwoman
Motion by David P. Jordan to approve the revised Quality of Life Committee charter with one (1)
change [under Deliverables add, L) Cultural Heritage - Bi Monthly], seconded by Jennifer Webster.
Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
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2.
Accept the December 10, 2020, regular Quality of Life Committee meeting
minutes (00:41:10)
Sponsor: Marie Summers, Councilwoman
Motion by Jennifer Webster to accept the December 10, 2020, regular Quality of Life Committee
meeting minutes, seconded by Daniel Guzman King. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
VIII.
UNFINISHED BUSINESS
A.
Review update and determine next steps - CIP #14-002 Cemetery Improvements
(00:41:42)
Sponsor: Debbie Thundercloud, General Manager
Treasurer Tina Danforth left at 9:16 a.m.
Treasurer Tina Danforth returns at 9:21 a.m.
Motion by Lisa Liggins to grant the request from Nancy Barton for an additional three (3) minutes of
time to finish her comments, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
Vice-Chairman Brandon Stevens left at 9:50 a.m.
Motion by Jennifer Webster to accept the CIP #14-002 Cemetery Improvements status report,
seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen, Brandon Stevens
Vice-Chairman Brandon Stevens returns at 9:54 a.m.
Motion by Jennifer Webster to approve the recommendations noted in section D of the report,
seconded by Marie Summers. Motion ruled out of order by Chairman.
Motion by Jennifer Webster to direct the General Manager to follow-up with the recommendations in
section D of the report, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
Motion by Tina Danforth to defer this item to the Community Development Planning Committee agenda
to include the $164,000.00 GTC approved expenditures, maintenance, expansion, [monitoring] wells,
buffer, and any other relevant issues, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
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IX.
NEW BUSINESS
A.
Approve the Oneida Business Committee Standard Operating Procedure (SOP)
entitled Hiring, Negotiating, and Termination of BC Professional Support
Employees (01:27:05)
Sponsor: Jessica Vandekamp, Employee Relations Representative
Motion by Lisa Liggins to approve the Oneida Business Committee Standard Operating Procedure
(SOP) entitled Hiring, Negotiating, and Termination of BC Professional Support Employees, seconded
by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
X.
GENERAL TRIBAL COUNCIL
A.
Review the Chief Financial Officer recommendation of $.30 per hour pay increase
and determine next steps (01:28:07)
Sponsor: Larry Barton, Chief Financial Officer/Finance Division
Motion by Tina Danforth to accept the Chief Financial Officer recommendation and approve the
implementation of the non-retroactive, budgeted $0.30 per hour pay increase beginning pay period
ending March 6, 2021, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
XI.
EXECUTIVE SESSION (01:43:25)
Motion by Lisa Liggins to go into executive session at 10:17 a.m., seconded by David P. Jordan.
Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
The Oneida Business Committee, by consensus, recessed at 12:20 p.m. to 2:00 p.m.
Meeting called to order by Chairman Tehassi Hill at 2:00 p.m.
Roll call for the record:
Present: Treasurer Tina Danforth; Councilman Daniel Guzman King; Chairman Tehassi Hill;
Councilman David P. Jordan; Secretary Lisa Liggins; Vice-Chairman Brandon Stevens;
Councilwoman Marie Summers; Councilwoman Jennifer Webster;
Not Present: Councilman Kirby Metoxen;
Motion by Marie Summers to come out of executive session at 4:30 p.m., seconded by Daniel Guzman
King. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
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A.
REPORTS
1.
Accept the Chief Counsel report (01:45:11)
Sponsor: Jo Anne House, Chief Counsel
Motion by Jennifer Webster to accept the Chief Counsel report, seconded by Lisa Liggins. Motion
carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
Motion by Lisa Liggins to approve the Quarles & Brady LLP Oneida Nation/Wisconsin Public Service
conflict waiver - file # 2021-0064, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
2.
Accept the General Manager report (01:45:50)
Sponsor: Debbie Thundercloud, General Manager
Motion by Jennifer Webster to accept the General Manager report, seconded by Brandon Stevens.
Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
Motion by Lisa Liggins to direct the Chief Financial Officer (CFO) to create the appropriate accounting
mechanisms and standard operating procedures to manage donations to the Nation by end of the FY21, 2nd quarter; for the CFO to submit an update to the February 16, 2021, BC work session for
discussion; and for a status report on this directive be included as part of the next Chief Financial
Officer report, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
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3.
Accept the Intergovernmental Affairs, Communications, and Self-Governance
January 2021 report (01:46:51)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by David P. Jordan to accept the Intergovernmental Affairs, Communications, and SelfGovernance January 2021 report, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
Motion by Jennifer Webster to support the FY2023 Midwest BIA Budget Priorities, seconded by David
P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
Motion by Lisa Liggins to support the appointment of Marie Summers to the Governor’s Equity &
Inclusion Advisory Council, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
Motion by Lisa Liggins to reschedule the February 2, 2021, special BC meeting at 3:30 p.m. to
February 17, 2021, at 3:30 p.m., seconded by Daniel Guzman King. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
4.
Accept the December 2020 Treasurer's report (01:48:06)
Sponsor: Tina Danforth, Treasurer
Motion by Jennifer Webster to accept the December 2020 Treasurer's report, seconded by David P.
Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
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B.
NEW BUSINESS
1.
Approve a limited waiver of sovereign immunity – Idemia Identity & Security
USA LLC-MorpholDent – file # 2021-0015 (01:48:20)
Sponsor: Sandra Reveles, Chairwoman/Oneida Police Commission
Motion by Marie Summers to approve a limited waiver of sovereign immunity – Idemia Identity &
Security USA LLC-MorpholDent – file # 2021-0015, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
2.
Approve attorney contract – Oneida Law Office – file # 2021-0029 (01:48:53)
Sponsor: Jo Anne House, Chief Counsel
Motion by Jennifer Webster to approve attorney contract – Oneida Law Office – file # 2021-0029,
seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
3.
Review the posting request and determine next steps - Comprehensive Housing
(01:49:12)
Sponsor: Debbie Thundercloud, General Manager
Motion by Jennifer Webster to accept the Comprehensive Housing posting request as information
noting the update request may be processed via e-poll, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
4.
Approve the LPL Financial LLC-Retirement Plan Consulting Program Oneida
Nation Enterprise 401(k) Plan agreement – file # 2021-0002 (01:49:38)
Sponsor: Tina Danforth, Treasurer
Motion by David P. Jordan to approve the limited waiver of sovereign immunity for LPL Financial LLCRetirement Plan Consulting Program Oneida Nation Enterprise 401(k) Plan agreement – file # 20210002, seconded by Tina Danforth. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
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5.
Approve the limited waiver of sovereign immunity for LPL Financial LLCRetirement Plan Consulting Program Oneida Nation Governmental 401 (k) Plan
agreement – file # 2021-001 (01:50:08)
Sponsor: Tina Danforth, Treasurer
Motion by Jennifer Webster to approve the limited waiver of sovereign immunity for LPL Financial LLCRetirement Plan Consulting Program Oneida Nation Governmental 401 (k) Plan agreement – file #
2021-001, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
6.
Enter e-poll results into the record regarding the failed resolution entitled
Oneida Nation Emergency Response Plan (01:50:36)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to enter the e-poll results into the record regarding the failed resolution
entitled Oneida Nation Emergency Response Plan, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
7.
Reconsider the resolution entitled Oneida Nation Emergency Response Plan
(01:50:58)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to reconsider the resolution entitled Oneida Nation Emergency Response Plan,
seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
Motion by Jennifer Webster to adopt the resolution 01-27-21-B Oneida Nation Emergency Response
Plan, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
8.
Accept the January 12, 2021, regular OBC Officers meeting notes (01:51:38)
Sponsor: Jessica Vandekamp, Employee Relations Representative
Motion by David P. Jordan to accept the January 12, 2021, regular OBC Officers meeting notes,
seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
Oneida Business Committee
Regular Meeting Minutes
Page 10 of 11
January 27, 2021
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DRAFT
9.
Review complaint # 2021-BCDR05-01 and determine next steps (01:51:58)
Sponsor: Jessica Vandekamp, Employee Relations Representative
Motion by Lisa Liggins to add item XI.B.9. Review complaint # 2021-BCDR05-01 and determine next
steps to the agenda, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
Motion by Lisa Liggins that the complaint # 2021-BCDR05-01 has merit and assign Chairman Tehassi
Hill, Treasurer Tina Danforth, and Secretary Lisa Liggins to investigate the complaint, seconded by
David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
XII.
ADJOURN (01:52:56)
Motion by David P. Jordan to adjourn at 4:39 p.m., seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers, Jennifer Webster
Not Present:
Kirby Metoxen
Minutes prepared by Chad Wilson, Senior Information Management Specialist.
Minutes approved as presented on
.
Lisa Liggins, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Regular Meeting Minutes
Page 11 of 11
January 27, 2021
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Oneida Business Committee Agenda Request
Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until March 13, 20
1. Meeting Date Requested:
2
/ 10 / 21
2. General Information:
Session:
Open
Executive - See instructions for the applicable laws, then choose one:
Other - type reason
Agenda Header:
Resolutions
Accept as Information only
Action - please describe:
Business Committee to consider extending the Public Health State of Emergency by adopting the attached
resolution.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Statement of Effect
3.
2. Professional Recommendation
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Tehassi Hill, Chairman
Primary Requestor/Submitter:
Melinda J. Danforth, Director of Intergovernmental Affairs & Communication
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
On March 12, 2020 the Oneida Business Committee declared a Public Health State of Emergency due to the need
to slow the transmission and decrease the spread of COVID-19. The declaration is set to expire February 11, 2021
along with the Nation's Stay Safer at Home Declaration
Attached is a professional recommendation from Emergency Management, Oneida Health Officials and the
Public Health Officer recommending an extension of the Public Health Emergency.
Requested action:
1. Business Committee consider extending the Public Health State of Emergency Declaration by adopting the
attached resolution.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # ___________
Extension of Declaration of Public Health State of Emergency Until March 13, 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,
the federal government has proclaimed a public health emergency related to the spread of
the COVID-19 virus and has identified that the spread of the virus has resulted in large
numbers of individuals becoming ill and high mortality rates, impacts to the stock markets,
and businesses; and
WHEREAS,
state governors, including the State of Wisconsin, have declared public health emergencies
and state public health officers have issued orders, for example, closing public schools,
limiting public gatherings, and closing restaurants and bars except for take-out orders; and
WHEREAS,
on March 12, 2020 the Chairman declared a Public Health State of Emergency, the Oneida
Business Committee took actions to take steps to protect the health and welfare of the
members, employees and the community, including instituting expenditure restrictions to
preserve resources for the provision of governmental services to members most at risk,
closure of the Nation’s gaming operations, and insuring that employees will continued to
be paid during the Public Health State of Emergency as long as the Nation’s resources will
allow; and
WHEREAS,
the Public Health State of Emergency was extended by resolutions # BC-03-26-20-A, #
BC-05-06-20-A, # BC-06-10-20-A, # BC-07-08-20-A, # BC-08-06-20-A, # BC-09-09-20-A,
# BC-10-08-20-A, # BC-11-10-20-A, # BC-12-09-20-D, and BC-1-07-21-A; and
WHEREAS,
the status of the COVID-19 pandemic continues to change daily with identification of
hotspots occurring within certain industries and areas which are more clearly identified in
the Public Health Officer Report which supports this resolution; and
WHEREAS,
a positive test does not identify the total number of individuals who have the virus, including
those who are not showing symptoms or who have isolated themselves at home because
not every person is tested; and
WHEREAS,
the COVID-19 Core Decision Making Team has issued an Open for Business declaration,
a less restrictive Stay Safer at Home declaration which directs that individuals within the
Oneida Reservation should continue to stay at home, businesses can re-open under
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BC Resolution _______
Extension of Declaration of Public Health State of Emergency Until March 13, 2021
Page 2 of 2
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certain safer business practices, and social distancing should be practiced by all persons
and finally a Re-opening Governmental Offices declaration that provides guidance on how
buildings will be re-opened to the public which remain effective during the Public Health
State of Emergency; and
WHEREAS,
the Emergency Management Director and the Public Health Officer have advised extension
of the Public Health State of Emergency declaration supported by information from the
Centers for Disease Control and the level of spread of COVID-19 throughout the State of
Wisconsin, surrounding states, and the United States; and
WHEREAS,
the Oneida Business Committee has determined that continuing the Public Health State of
Emergency for continues to be necessary and that its declaration should be longer given
the ongoing pandemic impact and the inability to identify mechanisms to control for
infection or protect the public;
Extension of Public Health State of Emergency Declaration
NOW THEREFORE BE IT RESOLVED, that in accordance with section 302.8-5 of the Emergency
Management & Homeland Security Law, the Oneida Business Committee extends the Public Health State
of Emergency declaration ending at 11:59 p.m. on March 13, 2021.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Extension of Declaration of Public Health State of Emergency Until March 13, 2021
Summary
This resolution extends the Nation’s declaration of the Public Health State of Emergency until
March 13, 2021.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: February 2, 2021
Analysis by the Legislative Reference Office
The Oneida Business Committee adopted the Emergency Management and Homeland Security
law for the purpose of providing for the development and execution of plans for the protection of
residents, property, and the environment in an emergency or disaster; providing for the direction
of emergency management, response, and recovery on the Reservation, as well as coordinating
with other agencies, victims, businesses, and organizations; establishing the use of the National
Incident Management System (NIMS); and designating authority and responsibilities for public
health preparedness. [3 O.C. 302.1-1].
Under the Emergency Management and Homeland Security law, the Oneida Business Committee
is delegated the responsibility to proclaim or ratify the existence of a public health emergency. [3
O.C. 302.8-1]. A public health emergency means the occurrence or imminent threat of an illness
or health condition which is a quarantinable disease; and which poses a high probability of a large
number of deaths or serious or long-term disability among humans. [3 O.C. 302.3-1(o)]. No
proclamation of an emergency by the Oneida Business Committee may last for longer than thirty
(30) days, unless renewed by the Oneida Business Committee. [3 O.C. 302.8-5].
As a result of the COVID-19 pandemic, in accordance with the authority granted to the Oneida
Business Committee through the Emergency Management and Homeland Security law, on March
12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency”
which sets into place the necessary authority should action need to be taken, and allows the Oneida
Nation to seek reimbursement of emergency management actions that may result in unexpected
expenses. [3 O.C. 302.8-1]. The Oneida Business Committee has extended this Public Health State
of Emergency until February 11, 2021, through the adoption of the following resolutions: BC-0326-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A,
BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, and BC-01-07-21-A. [3 O.C. 302.8-5].
On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the
Emergency Management and Homeland Security law to create and delegate authority to a COVID19 Core Decision Making Team. [3 O.C. 302.10]. When a public health emergency has been
declared, the COVID-19 Core Decision Making Team has the authority to declare exceptions to
the Nation’s laws, policies, procedures, regulations, or standard operating procedures during the
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emergency period which will be of immediate impact for the purposes of protecting the health,
safety, and general welfare of the Nation’s community, members, and employees. [3 O.C. 302.102]. These declarations remain in effect for the duration of the Public Health State of Emergency,
unless identified to be effective for a shorter time period. [3 O.C. 302.10-3].
On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at
Home” declaration which prohibits all public gatherings of any number of people and orders all
individuals present within the Oneida Reservation to stay at home or at their place of residence,
with certain exceptions allowed. On April 21, 2020, the COVID-19 Core Decision Making Team
issued an “Updated Safer at Home” declaration which allowed for gaming and golf operations to
resume. Then on May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at
Home Declaration, Amendment, Open for Business” which directs that individuals within the
Oneida Reservation should continue to stay at home, businesses can re-open under certain safer
business practices, and social distancing should be practiced by all persons. On June 10, 2020, the
COVID-19 Team issued a “Stay Safer at Home” declaration which lessened the restrictions of the
“Safer at Home Declaration, Amendment, Open for Business” while still providing guidance and
some restrictions. Then on July 17, 2020, the “Safe Re-opening Governmental Offices” declaration
was issued which provides guidance on how buildings will be safely re-opened to the public.
The Emergency Management Director and the Public Health Officer have advised extension of the
Public Health State of Emergency declaration supported by information from the Centers for
Disease Control and the level of spread of COVID-19 throughout the State of Wisconsin,
surrounding states, and the United States. This resolution provides that the Oneida Business
Committee has determined that continuing the Public Health State of Emergency continues to be
necessary.
Through the adoption of this resolution, in accordance with section 302.8-5 of the Emergency
Management and Homeland Security law, the Oneida Business Committee extends the Public
Health State of Emergency declaration until 11:59 p.m. on March 13, 2021.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
Page 2 of 2
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Oneida Comprehensive Health Division
Oneida Community Health Center
Behavioral Health Services
Anna John Resident Centered Care Community
Employee Health Nursing
To:
Oneida Business Committee
From:
Debra Danforth, Oneida Comprehensive Health Division Operations Director
Dr Vir, Oneida Comprehensive Health Division Medical Director
Michelle Myers, Community/ Public Health Officer
Date:
February 2, 2021
RE:
Recommendations to extend public health emergency
Local and State level data demonstrates continued community spread of COVID-19
disease. Although we added COVID-19 vaccine to our toolbox in late December 2020,
initial supplies will be limited. We will need time, as well as vaccine supply, to vaccinate
our community.
In collaboration with Oneida Emergency Management, the health response team
recommends the Oneida Business Committee extend the public health emergency,
at minimum, through May 2021.
Thank you for your continued collaboration and partnership as we work together to stop the
spread of COVID-19 in the Oneida community.
Sincerely,
Michelle Myers BSN, RN
Community/ Public Health Officer
CC: Kaylyn Gresham
Oneida Community Health Center
Behavioral Health Services
Anna John Resident Centered Care Community
Employee Health Nursing
Mailing Address: P.O. Box 365, Oneida, WI 54155
https://oneida-nsn.gov/resources/health/
525 Airport Rd., Oneida, WI 54155
Phone: (920) 869-2711 or 1-866-869-2711
2640 West Point Rd., Green Bay, WI 54304
Phone: (920) 490-3790 or 1-888-490-2457
2901 S. Overland Rd., Oneida, WI 54155
Phone: (920) 869-2797
701 Packerland Dr., Green Bay, WI 54303
Phone: (920) 405-4492
Fax: (920) 869-1780
Fax: (920) 490-3883
Fax: (920) 869-3238
Fax: (920) 405-4494
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Oneida Comprehensive Health Division
Oneida Community Health Center
Behavioral Health Services
Anna John Resident Centered Care Community
Employee Health Nursing
February 2, 2021
Updated COVID19 data to consider during
discussions to extend the Oneida Nation Public
Health Emergency declaration.
Submitted by:
Debbie Danforth, Dr Vir, Michelle Myers
Oneida Community Health Center
Behavioral Health Services
Anna John Resident Centered Care Community
Employee Health Nursing
Mailing Address: P.O. Box 365, Oneida, WI 54155
https://oneida-nsn.gov/resources/health/
525 Airport Rd., Oneida, WI 54155
Phone: (920) 869-2711 or 1-866-869-2711
2640 West Point Rd., Green Bay, WI 54304
Phone: (920) 490-3790 or 1-888-490-2457
2901 S. Overland Rd., Oneida, WI 54155
Phone: (920) 869-2797
701 Packerland Dr., Green Bay, WI 54303
Phone: (920) 405-4492
Fax: (920) 869-1780
Fax: (920) 490-3883
Fax: (920) 869-3238
Fax: (920) 405-4494
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Relevant COVID-19 Data:
WI Department of Health Services- Public Health
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data
U.S. Centers for Disease Control and Prevention
https://covid.cdc.gov/covid-data-tracker/#cases_casesinlast7days
U.S. Census Bureau American Community Survey Population Estimates
https://data.census.gov/cedsci/advanced
Oneida Nation Health Department
https://oneida-nsn.gov/connect/news/oneida-nation-covid-19-resource-page/#Stats
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WI Department of Health Services- Public Health retrieved 01/31/2021
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data
WI Department of Health Services- Public Health retrieved 01/31/2021
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data
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WI Department of Health Services- Public Health retrieved 01/31/2021
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data
WI Department of Health Services- Public Health retrieved 02/01/2021
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data
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WI Department of Health Services- Public Health retrieved 01/31/2021
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data
WI Department of Health Services- Public Health retrieved 01/31/2021
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data
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WI Department of Health Services- Public Health retrieved 01/31/2021
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data
WI Department of Health Services- Public Health retrieved 01/31/2021
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data
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WI Department of Health Services- Public Health retrieved 02/02/2021
https://www.dhs.wisconsin.gov/covid-19/vaccine-data.htm#summary
WI Department of Health Services- Public Health retrieved 02/02/2021
https://www.dhs.wisconsin.gov/covid-19/vaccine-data.htm#summary
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Oneida Business Committee Agenda Request
Adopt resolution entitled Emergency Amendments to the Oneida General Welfare Law
1. Meeting Date Requested:
2
/ 10 / 21
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt the resolution titled, "Emergency Amendments to the Oneida General Welfare Law"
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Adoption Memo
3. Legislative Analysis
2. Statement of Effect
4. Draft (Redline and Clean)
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
David P. Jordan, Councilmember
Primary Requestor/Submitter:
Clorissa N. Santiago, LRO Senior Staff Attorney
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Oneida Business Committee
David P. Jordan, LOC Chairperson
February 10, 2021
Emergency Amendments to the Oneida General Welfare Law
Please find the following attached backup documentation for your consideration of the emergency
amendments to the Oneida General Welfare law:
1.
2.
3.
4.
5.
Resolution: Emergency Amendments to the Oneida General Welfare Law
Statement of Effect: Emergency Amendments to the Oneida General Welfare Law
Oneida General Welfare Law Emergency Amendments Legislative Analysis
Oneida General Welfare Law (Redline)
Oneida General Welfare Law (Clean)
Overview
The Oneida General Welfare law (the “Law”) was adopted by the Oneida Business Committee on
an emergency basis through resolution BC-08-12-20-D for the purpose of providing assistance on
a non-taxable basis, to eligible Tribal members through approved programs that promote the
general welfare of the Nation. [10 O.C. 1001.1-1, 1001.1-3]. The Law sets a framework and
provides guidelines for the Nation to establish and operate approved programs which provide
assistance to eligible Tribal members to promote the general welfare of the Nation, including
programs designed to enhance the promotion of health, education, self-sufficiency, selfdetermination, and the maintenance of culture and tradition, entrepreneurship, and employment.
[10 O.C. 1001.9-2]. The emergency adoption of this Law is set to expire on February 12, 2021.
When discussing the potential six (6) month extension of the emergency adoption of this Law the
Legislative Operating Committee determined it was necessary to seek an emergency amendment
to the Law to better address how an approved program is adopted by the Oneida Business
Committee in an effort to allow for more flexibility and efficiency in addressing the needs of the
Nation. The emergency amendment to the Law revises the definition of approved program to allow
an approved program to be adopted by the Oneida Business Committee through resolution or law
of the Nation. [10 O.C. 1001.3-1(a)]. Currently, an approved program can only be adopted by the
Oneida Business Committee through a law of the Nation.
In response to the outbreak of the COVID-19 pandemic, on March 12, 2020, in accordance with
the Emergency Management and Homeland Security law, Chairman Tehassi Hill signed a
“Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public
Health State of Emergency for the Nation until April 12, 2020, and provided the necessary
authority should action need to be taken and allowed the Nation to seek reimbursement of
emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. This
declaration of a Public Health State of Emergency has since been extended by the Oneida Business
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Committee until February 11, 2021, through the adoption of resolutions BC-03-28-20-A, BC-0506-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A,
BC-11-10-20-A, BC-12-09-20-D, and BC-01-07-21-A.
The Oneida Business Committee is delegated the authority to temporarily enact emergency
legislation when legislation is necessary for the immediate preservation of the public health, safety,
or general welfare of the Reservation population, and the amendment of the legislation is required
sooner than would be possible under the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal
impact statement and public meeting are not required for emergency legislation. [1 O.C. 109.95(a)].
The emergency amendment to this Law is necessary for the preservation of the general welfare of
the Reservation population. The emergency amendment to this Law will assist in more efficiently
addressing the economic needs of the Reservation population during the public health crisis that
is the COVID-19 pandemic by allowing the Nation more flexibility in establishing and operating
approved programs that may provide assistance to Tribal members on a non-taxable basis through
the adoption of a resolution in addition to the adoption of a law.
Additionally, observance of the requirements under the Legislative Procedures Act for the
amendments to this Law would be contrary to public interest since the Nation is currently
experiencing the vast effects of the COVID-19 pandemic, and the process and requirements of the
Legislative Procedures Act cannot be completed in time to ensure that the Law can be amended to
best assist members of the Nation during this COVID-19 pandemic through the development of
approved programs which provide assistance to Tribal members.
The emergency amendments to the Law will become effective immediately upon adoption by the
Oneida Business Committee and will remain effective for six (6) months. There will be one (1)
opportunity to extend the emergency amendments to this Law for an additional six (6) month
period. [1 O.C. 109.9-5(b)].
Requested Action
Approve the Resolution: Emergency Amendments to the Oneida General Welfare Law
Page 2 of 2
Public Packet
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution #
Emergency Amendments to the Oneida General Welfare Law
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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,
on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” regarding COVID-19 which declared a Public Health State of Emergency for
the Nation until April 12, 2020, and set into place the necessary authority for action to be
taken and allows the Nation to seek reimbursement of emergency management actions
that may result in unexpected expenses; and
WHEREAS,
the Nation’s Public Health State of Emergency has since been extended by the Oneida
Business Committee until February 11, 2021, through the adoption of resolutions BC-0328-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, and BC-01-07-21-A; and
WHEREAS,
the Oneida Business Committee and COVID-19 Core Decision Making Team, after being
impacted by the COVID-19 pandemic, adopted resolutions and declarations that were
intended to protect the health and safety of members, residents of the Reservation and
employees; and
WHEREAS,
the Oneida General Welfare law (“the Law”) was adopted by the Oneida Business
Committee on an emergency basis through resolution BC-08-12-20-D in an effort to
provide a mechanism to address the economic needs of members of the Nation during the
COVID-19 pandemic; and
WHEREAS,
the purpose of the Law is to provide assistance, on a non-taxable basis, to Tribal members
through approved programs that promote the general welfare of the Nation; and
WHEREAS,
the Law sets a framework and provides guidelines for the Nation to establish and operate
approved programs which provide assistance to eligible Tribal members to promote the
general welfare of the Nation, including programs designed to enhance the promotion of
health, education, self-sufficiency, self-determination, and the maintenance of culture and
tradition, entrepreneurship, and employment; and
WHEREAS,
an emergency amendment to the Law is now being sought to allow the Oneida Business
Committee the ability to adopt an approved program through resolution in addition to
through a law of the Nation in an effort to allow for more flexibility and efficiency in
addressing the needs of the Nation; and
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BC Resolution _____________
Emergency Amendments to the Oneida General Welfare Law
Page 2 of 2
WHEREAS,
the Legislative Procedures Act authorizes the Oneida Business Committee to amend
legislation on an emergency basis when the legislation is necessary for the immediate
preservation of the public health, safety, or general welfare of the Reservation population,
and the amendment of the legislation is required sooner than would be possible under the
Legislative Procedures Act; and
WHEREAS,
the emergency amendment to this Law is necessary for the preservation of the general
welfare of the Reservation population because it allows for the economic needs of the
Reservation population to be more efficiently addressed during the public health crisis that
is the COVID-19 pandemic by providing the Nation more flexibility in establishing and
operating approved programs that may provide assistance to Tribal members on a nontaxable basis; and
WHEREAS,
observance of the requirements under the Legislative Procedures Act for adoption of this
Law would be contrary to public interest since the Nation is currently experiencing the vast
effects of the COVID-19 pandemic, and the process and requirements of the Legislative
Procedures Act cannot be completed in time to ensure that the Law can be amended to
best assist members of the Nation during the pandemic; and
WHEREAS,
emergency adoption of legislation is effective for a period of six (6) months, renewable by
the Oneida Business Committee for an additional six (6) month term; and
WHEREAS,
the Legislative Procedures Act does not require a public meeting or fiscal impact statement
when considering emergency legislation; and
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the emergency
amendments to the Oneida General Welfare law effective immediately.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Emergency Amendments to the Oneida General Welfare Law
Summary
This resolution adopts emergency amendments to the Oneida General Welfare law in order to
allow an approved program to be adopted by the Oneida Business Committee through resolution
in addition to through adoption of a law of the Nation.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: January 28, 2021
Analysis by the Legislative Reference Office
This resolution adopts emergency amendments to the Oneida General Welfare law (“the Law”).
The Law was adopted by the Oneida Business Committee on an emergency basis through
resolution BC-08-12-20-D for the purpose of providing assistance, on a non-taxable basis, to Tribal
members through approved programs that promote the general welfare of the Nation. [10 O.C.
1001.1-1, 1001.1-3]. The Law sets a framework and provides guidelines for the Nation to establish
and operate approved programs which provide assistance to eligible Tribal members to promote
the general welfare of the Nation, including programs designed to enhance the promotion of health,
education, self-sufficiency, self-determination, and the maintenance of culture and tradition,
entrepreneurship, and employment. [10 O.C. 1001.9-2]. Emergency amendments to the Law are
being sought to better address how an approved program is adopted by the Oneida Business
Committee in an effort to allow for more flexibility and efficiency in addressing the needs of the
Nation. The emergency amendment to the Law revises the definition of approved program to allow
an approved program to be adopted by the Oneida Business Committee through resolution or a
law of the Nation. [10 O.C. 1001.3-1(a)]. Currently, an approved program can only be adopted by
the Oneida Business Committee through a law of the Nation.
The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the
purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.
109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is
necessary for the immediate preservation of the public health, safety or general welfare of the
Reservation population and when enactment or amendment of legislation is required sooner than
would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement
are not required for emergency legislation. [1 O.C. 109.8-1(b),109.9-5(a)].
In response to the COVID-19 pandemic, on March 12, 2020, in accordance with the Emergency
Management and Homeland Security law, Chairman Tehassi Hill signed a “Declaration of Public
Health State of Emergency” regarding COVID-19. [3 O.C. 302.8-1]. This declaration of a Public
Health State of Emergency set into place the necessary authority should action need to be taken
and allows the Nation to seek reimbursement of emergency management actions that may result
in unexpected expenses. This declaration of a Public Health State of Emergency was extended by
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the Oneida Business Committee until February 11, 2021, through the adoption of resolutions BC03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, and BC-01-07-21-A.
The resolution provides that the emergency amendment to this Law is necessary for the
preservation of the general welfare of the Reservation population. The emergency amendment to
this Law will assist in more efficiently addressing the economic needs of the Reservation
population during the public health crisis that is the COVID-19 pandemic by allowing the Nation
more flexibility in establishing and operating approved programs that may provide assistance to
Tribal members on a non-taxable basis through the adoption of a resolution in addition to the
adoption of a law.
Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of this amendment would be contrary to public interest. The Nation is currently
experiencing the vast effects of the COVID-19 pandemic, and the process and requirements of the
Legislative Procedures Act cannot be completed in time to ensure that the Law can be amended to
best assist members of the Nation during this COVID-19 pandemic through the development of
approved programs which provide assistance to Tribal members.
The emergency amendments to this the Law will take effect immediately upon adoption by the
Oneida Business Committee. The emergency amendments to the Law will remain effective for six
(6) months. The LPA provides the possibility to extend the emergency amendments for an
additional six (6) months, or until the emergency amendments expire or are permanently adopted.
[1 O.C. 109.9-5(b)].
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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EMERGENCY AMENDMENTS TO THE
ONEIDA GENERAL WELFARE LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Law
Purpose
Affected Entities
Public Meeting
Fiscal Impact
Expiration of Emergency
Legislation
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Allow approved programs to be adopted by the Oneida Business Committee
through resolution in addition to by a law of the Nation. [1 O.C. 1001.3-1(a)].
Provide assistance, on a non-taxable basis, to eligible Tribal members through
approved programs that promote the general welfare of the Nation. [10 O.C.
1001.1-1, 1001.1-3].
Oneida Business Committee, Entities developing approved programs
A public meeting is not required for emergency legislation [1 O.C. 109.81(b) and 109.9-5(a)].
A fiscal impact statement is not required for emergency legislation [1 O.C.
109.9-5(a)].
Emergency legislation expires six (6) months after adoption and may be
renewed for an additional six (6) month period.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. On August 12, 2020, the Oneida General Welfare law was adopted by the Oneida
Business Committee on an emergency basis through resolution BC-08-12-20-D for the purpose of
providing assistance, on a non-taxable basis, to Tribal members through approved programs that
promote the general welfare of the Nation. [10 O.C. 1001.1-1, 1001.1-3]. Emergency adoption of the
Oneida General Welfare law was pursued to provide a mechanism to address the economic needs of
members of the Nation during the COVID-19 pandemic. The Law set forth a framework and provided
guidelines for the Nation to establish and operate approved programs which provide assistance to
eligible Tribal members to promote the general welfare of the Nation, including programs designed to
enhance the promotion of health, education, self-sufficiency, self-determination, and the maintenance
of culture and tradition, entrepreneurship, and employment. [10 O.C. 1001.9-2]. The emergency
adoption of the Oneida General Welfare law is set to expire on February 12, 2021.
B. Emergency Amendments. Originally, the Legislative Operating Committee planned to seek a six (6)
month extension of the emergency adoption of the Law which occurred through resolution BC-08-1220-D. The Legislative Operating Committee is now seeking an emergency amendment to the Law to
address the manner in which approved programs are adopted by the Oneida Business Committee in an
effort to allow for more flexibility and efficiency.
C. COVID-19 Pandemic. The world is currently facing a pandemic of the coronavirus disease 2019
(COVID-19). The COVID-19 outbreak originated in Wuhan, China and has spread to many other
countries throughout the world, including the United States. The COVID-19 pandemic has resulted in
high rates of infection and mortality, as well as vast economic impacts including effects on the stock
market and the closing of all non-essential businesses.
Declaration of a Public Health State of Emergency.
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On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State
of Emergency” regarding COVID-19 which declared the Public Health State of Emergency
for the Nation until April 12, 2020, and set into place the necessary authority should action
need to be taken and allowed the Nation to seek reimbursement of emergency management
actions that may result in unexpected expenses.
The Public Health State of Emergency has since been extended until February 11, 2021,
by the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A,
BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A,
BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, and BC-01-07-21-A.
COVID-19 Core Decision Making Team.
On March 17, 2020, the Oneida Business Committee adopted emergency amendments to
the Emergency Management and Homeland Security law to create and delegate authority
to a COVID-19 Core Decision Making Team (“COVID-19 Team”). [3 O.C. 302.10].
When a public health emergency has been declared, the COVID-19 Team has the
authority to declare exceptions to the Nation’s laws, policies, procedures,
regulations, or standard operating procedures during the emergency period which
will be of immediate impact for the purposes of protecting the health, safety, and
general welfare of the Nation’s community, members, and employees. [3 O.C.
302.10-2].
These declarations remain in effect for the duration of the Public Health State of
Emergency. [3 O.C. 302.10-3].
COVID-19 Core Decision Making Team Declarations: Safer at Home.
On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer
at Home” declaration which ordered all individuals present within the Oneida Reservation
to stay at home or at their place of residence, with certain exceptions allowed. This
declaration prohibited all public gatherings of any number of people.
On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer
at Home” declaration which allowed for gaming and golf operations to resume.
On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home
Declaration, Amendment, Open for Business” which directs that individuals within the
Oneida Reservation should continue to stay at home, businesses can re-open under certain
safer business practices, and social distancing should be practiced by all persons.
On June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at
Home” declaration which lessened the restrictions of the “Safer at Home Declaration,
Amendment, Open for Business” while still providing guidance and some restrictions. This
declaration prohibits all public and private gatherings of more than twenty (20) people that
are not part of a single household or living unit.
On July 17, 2020, the COVID-19 Team issued a “Safe Re-Opening Governmental Offices”
which sets minimum standards for the safe re-opening of a building or recall of employees
to work.
COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the
Legislative Procedures Act.
On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a
“Suspension of Public Meetings under the Legislative Procedures Act” declaration which
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suspended the Legislative Procedures Act's requirement to hold a public meeting during
the public comment period, but allows members of the community to still participate in the
legislative process by submitting written comments, questions, data, or input on proposed
legislation to the Legislative Operating Committee via e-mail during the public comment
period.
SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of this Law
and legislative analysis:
Oneida Law Office;
Finance Administration; and
Governmental Services Division.
B. The following laws were reviewed in the drafting of this analysis:
Legislative Procedures Act.
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SECTION 4. PROCESS
B. The amendments to this Law are being considered on an emergency basis. The Oneida Business
Committee may temporarily amend a law when “legislation is necessary for the immediate preservation
of public health, safety, or general welfare of the Reservation population and enactment or amendment
of legislation is required sooner than would be possible under this law.” [1 O.C. 109.9-5].
Emergency amendments to this Law are being pursued for the preservation of the general welfare
of the Reservation population. The emergency amendments to this Law will assist in more
efficiently addressing the economic needs of the Reservation population during the public health
crisis that is the COVID-19 pandemic by allowing the Nation more flexibility in establishing and
operating approved programs that may provide assistance to Tribal members on a non-taxable basis
through the adoption of a resolution in addition to the adoption of a law.
Observance of the requirements under the Legislative Procedures Act for the amendments to this
Law would be contrary to public interest. The Nation is currently experiencing the vast effects of
the COVID-19 pandemic, and the process and requirements of the Legislative Procedures Act
cannot be completed in time to ensure that the Law can be amended to best assist members of the
Nation during this COVID-19 pandemic through the development of approved programs which
provide assistance to Tribal members.
C. Emergency legislation typically expires six (6) months after adoption, with one (1) opportunity for a
six (6) month extension of the emergency legislation. [1 O.C. 109.9-5(b)].
D. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when
considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact
statement will eventually be required when considering permanent adoption of this Law.
D. The following work meetings were held regarding the development of this Law and legislative analysis:
January 14, 2021: LOC work meeting with the Oneida Law Office, Finance Department, Strategic
Planner, and Governmental Services Division.
January 28, 2021: LOC work meeting.
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SECTION 5. CONTENTS OF THE LEGISLATION
A. Definition of Approved Program. The proposed emergency amendment to the Law revises the
definition for “approved program.” [10 O.C. 1001.3-1(a)]. The emergency amendment to the Law
provides that an approved program means any program(s) to provide general welfare assistance that is
intended to qualify as non-taxable as a General Welfare Exclusion, administered under specific
guidelines, and is adopted by the Oneida Business Committee through resolution or law of the Nation.
[10 O.C. 1001.3-1(a)]. Previously, the Law provided that an approved program means any program(s)
to provide general welfare assistance that is intended to qualify as non-taxable as a General Welfare
Exclusion, administered under specific guidelines, and is adopted as a law by resolution of the Oneida
Business Committee. Approved programs are established and operated to promote the general welfare
of the Nation, including programs designed to enhance the promotion of health, education, selfsufficiency, self-determination, and the maintenance of culture and tradition, entrepreneurship, and
employment. [10 O.C. 1001.9-2]. Each approved program is required to set forth the specific eligibility
rules and limitations that will be applied to that program. [10 O.C. 1001.9-3]. Programs comprising
descriptions, including eligibility rules and limitations, may be presented to the Oneida Business
Committee for approval. Id.
Effect. The emergency amendments to the Law allow for an approved program to be adopted by
the Oneida Business Committee by resolution in addition to through the adoption of a law of the
Nation. This revision provides more flexibility and efficiency for how an approved program may
be adopted. An approved program that intends to function on a permanent basis would be best
suited to be adopted through a law of the Nation – whether that be through emergency legislation
or through the regular legislative process. An approved program that is needed quickly to best
address the needs of the community and will only be in place for a limited term may be more
efficiently adopted through a resolution of the Nation.
SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to this Law:
Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal
Council on January 7, 2013, for the purpose of providing a standard process for the adoption
or amendments of laws of the Nation which includes taking into account comments from
members of the Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].
The Legislative Procedures Act provides a process for the adoption of emergency
legislation when the legislation is necessary for the immediate preservation of the
public health, safety, or general welfare of the Reservation population and the
enactment or amendment of legislation is required sooner than would be possible under
this law. [1 O.C. 109.9-5].
The Legislative Operating Committee is responsible for first reviewing the
emergency legislation and for forwarding the legislation to the Oneida
Business Committee for consideration. [1 O.C. 109.9-5(a)].
The proposed emergency legislation is required to have a legislative analysis
completed and attached prior to being sent to the Oneida Business Committee
for consideration. [1 O.C. 109.9-5(a)].
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a. A legislative analysis is a plain language analysis describing the
important features of the legislation being considered and factual
information to enable the Legislative Operating Committee to make
informed decisions regarding legislation. A legislative analysis
includes a statement of the legislation’s terms and substance; intent of
the legislation; a description of the subject(s) involved, including any
conflicts with Oneida or other law, key issues, potential impacts of the
legislation and policy considerations. [1 O.C. 109.3-1(g)].
Emergency legislation does not require a fiscal impact statement to be
completed or a public comment period to be held. [1 O.C. 109.9-5(a)].
Upon the determination that an emergency exists the Oneida Business
Committee can adopt emergency legislation. The emergency legislation
becomes effective immediately upon its approval by the Oneida Business
Committee. [1 O.C. 109.9-5(b)].
Emergency legislation remains in effect for a period of up to six (6) months,
with an opportunity for a one-time emergency law extension of up to six (6)
months. [1 O.C. 109.9-5(b)].
Emergency amendments to this Law would conform with the requirements of the
Legislative Procedures Act.
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A. Deadline for Permanent Adoption of Legislation. The emergency amendments to this Law will expire
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six (6) months after adoption. The emergency legislation may be renewed for an additional six (6)
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Conclusion: The Legislative Operating Committee will need to consider the development and
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B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.
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emergency legislation [1 O.C. 109.6-1].
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Title 10. General Welfare Exclusion - Chapter 1001
ONEIDA GENERAL WELFARE
1001.1. Purpose and Policy
1001.2. Adoption, Amendment, Repeal
1001.3. Definitions
1001.4. Ratification of Prior Acts
1001.5. General Welfare Doctrine and IRS Revenue Procedure
2014-53/ Tribal General Welfare Exclusion of 2014
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1001.6. Non-Recourse Designation
1001.7. Governing Law; Sovereignty
1001.8. Federal Trust Obligations
1001.9. Approved Program Guidelines
1001.1. Purpose and Policy
1001.1-1. Purpose. The purpose of this law is to provide assistance to eligible Tribal members.
The Nation affirms hereby its sovereign right to do so on a non-taxable basis, pursuant to the
principles of the General Welfare Exclusion to Indian Tribal governmental programs that provide
benefits to Tribal members.
1001.1-2. The federal government through the Tribal General Welfare Exclusion Act of 2014,
codified at 26 U.S.C §139E and the Internal Revenue Service, through its traditional application
of the general welfare doctrine and subsequent guidance, has recognized the sovereign right of
Indian tribal governments to provide financial assistance to its Tribal members under certain
circumstances on a non-taxable basis.
1001.1-3. Policy. It is the policy of the Nation to provide assistance to Tribal members through
approved programs that promote the general welfare of the Nation. This law provides a framework
for approved programs to follow to ensure compliance with the General Welfare Exclusion, 26
U.S.C. §139E, and applicable Internal Revenue Service regulations or revenue procedures
including I.R.S. Rev. Proc. 2014-35. Further, it is the intent of the Oneida Business Committee
that all assistance provided under this law:
(a) is available to any recipients who satisfy the program policies, subject to budgetary
restraints;
(b) is made under an approved program that does not discriminate in favor of members of
the Nation’s governing body;
(c) is not provided as compensation for goods and/or services; and
(d) is not lavish or extravagant under the facts and circumstances, as determined by the
Oneida Business Committee.
1001.2. Adoption, Amendment, Repeal
1001.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by
resolution BC-08-12-20-D., and emergency amended by resolution BC-__-__-__-__.
1001.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
1001.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
1001.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
1001.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1001.3. Definitions
1001.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "Approved program" means any program(s) to provide general welfare assistance that
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is intended to qualify as non-taxable as a General Welfare Exclusion, administered under
specific guidelines, and is adopted as a law by resolution of the Oneida Business
Committee through resolution or law of the Nation.
(b) "Assistance" means benefits or payments under an approved program, which are paid
to or on behalf of a recipient pursuant to this law, provided, that such assistance shall be
owed back to the Nation from the Tribal member recipient in the event the Tribal member
misappropriates the assistance...
(c) “Benefits” means any approved program assistance, including payments, which is
provided pursuant to this law.
(d) “General Test” means the criteria used to determine if any assistance or benefits
provided through an approved program to a recipient shall be treated as a General Welfare
Exclusion. The criteria of the General Test include the following:
(1) Paid on behalf of the Nation;
(2) Pursuant to an approved program;
(3) Does not discriminate in favor of members of the governing body of the Nation;
(4) Are available to any Tribal member who meets the guidelines of the approved
program;
(5) Are for the promotion of general welfare;
(6) Are not lavish or extravagant;
(7) Are not compensation for services; and
(8) Are not per capita payments.
(e) “General Welfare Exclusion” means any benefits shall be treated as non-taxable under
federal law so long as it satisfies the requirements for exclusion under 26 U.S.C. §139E, is
provided under a Safe Harbor Program listed and detailed in I.R.S. Rev. Proc. 2014-35 or
subsequent Internal Revenue Service procedures or regulations, or it meets the General
Test.
(f) “General welfare need” means a need, in the sole discretion of the Oneida Business
Committee, which shall be met to ensure the Nation’s longevity as a self-governing Indian
nation, and includes needs in the areas of health, education, self-sufficiency, selfdetermination, the maintenance of culture and tradition, entrepreneurship, and
employment.
(g) “Lavish” or “Extravagant” shall have the meaning determined by the Oneida Business
Committee in its discretion and based on the circumstances, taking into account needs
unique to the Nation as well as the social purpose being served by the particular assistance
at hand, except as otherwise may be required for compliance with final guidance issued
under 26 U.S.C. §139E following consultation between the Nation and the federal
government.
(h) “Nation” means the Oneida Nation.
(i) “Recipient” means any Tribal member entitled to receive assistance in accordance with
approved program requirements.
(j) "Tribal member" means an individual who is an enrolled member of the Nation.
1001.4. Ratification of Prior Acts
1001.4-1. This law is not to be construed as creating new general welfare assistance rights which
are an inherent right of Nation. Rather, this law is intended to codify existing procedures used by
the Nation to administer its general welfare assistance.
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1001.4-2. Assistance provided prior to the enactment of this law is hereby ratified and confirmed
as general welfare assistance provided pursuant to the exercise by the Nation of its inherent tribal
sovereignty.
1001.5. General Welfare Doctrine and IRS Revenue Procedure 2014-53/ Tribal General
Welfare Exclusion of 2014
1001.5-1. The federal government recognizes that benefits to recipients under an approved
program for the promotion of the general welfare of the Nation is excludable from the gross income
of those recipients.
1001.5-2. The Internal Revenue Service, through I.R.S. Revenue Procedure 2014-35, listed and
detailed examples of Safe Harbor programs under which, if approved and in writing, need would
be presumed, and benefits would be excluded from gross income.
1001.5-3. Benefits authorized by this law are intended to qualify non-taxable under the principles
of the General Welfare Exclusion to the fullest extent permitted at law.
1001.5-4. Assistance authorized by this law shall be limited to funds appropriated, at the discretion
of the Oneida Business Committee and no matter the source of the funds. All amounts budgeted
by the Nation for assistance shall remain general assets of the Nation until payments are disbursed.
1001.5-5. Benefits are not subject to information reporting by the Nation to the Internal Revenue
Service.
1001.5-6. Without limitation, the following benefits shall be treated as non-taxable hereunder:
(a) Benefits that satisfy the requirements for the exemption under 26 U.S.C. §139E;
(b) Benefits that are provided under an IRS Safe Harbor Program listed and described in
I.R.S. Rev. Proc. 2014-35; or
(c) Benefits that qualify for exclusion under the I.R.S. General Criteria of General Welfare
exclusion listed in I.R.S. Rev. Proc. 2014-35, section 5.02(1).
1001.6. Non-Recourse Designation
1001.6-1. The Nation does not guarantee benefits under this law. Benefits shall not be treated as
a resource or asset of a recipient for any purpose; and no recipient shall have an interest in or right
to any funds budgeted for, or set aside for, approved programs until paid. Oneida Business
Committee reserves the right to cancel, adjust, modify or revoke any benefit. The approved
programs shall be administered at all times to avoid triggering of the doctrines of “constructive
receipt” and/or “economic benefit.”
1001.7. Governing Law; Sovereignty
1001.7-1. All the rights and liabilities associated with the enactment of this law, or the assistance
made hereunder, shall be construed and enforced according to the Nation’s laws and applicable
federal law. Nothing in this law or the related laws, policies, or procedures adopted for its
implementation, if any, shall be construed to make applicable to the Nation any laws or regulations
which are otherwise inapplicable to the Nation, or from which the Nation is entitled to exemption
because of its sovereign status.
10 O.C. 1001 – Page 3
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1001.8. Federal Trust Obligations
1001.8-1. The Nation reserves the right to provide assistance in circumstances where federal
funding is insufficient to operate federal programs designed to benefit applicants and when federal
funding is insufficient to adequately and consistently fulfill federal trust obligations. The Nation’s
adoption of its approved programs is not intended to relieve or diminish the federal government of
its funding and trust responsibilities. Nothing herein shall waive the Nation’s right to seek funding
shortfalls or to enforce the trust rights of the Nation and its citizens. The Nation shall be entitled
to government-to-government consultation and coordination with the federal government in regard
to these obligations.
1001.9. Approved Program Guidelines
1001.9-1. Nation Approved Programs. The Oneida Business Committee shall designate approved
programs for which funds shall be budgeted each fiscal year, consistent with the purposes of this
law. Each approved program shall be consistent with the principles of the General Welfare
Exclusion as to purpose, eligibility, and funding.
1001.9-2. Purpose of Approved Programs. Each approved program shall be limited to purposes
consistent with treatment under the General Welfare Exclusion. An approved program shall be
established and operated to promote the general welfare of the Nation, including programs
designed to enhance the promotion of health, education, self-sufficiency, self-determination, and
the maintenance of culture and tradition, entrepreneurship, and employment.
1001.9-3. Eligibility. Assistance intended to qualify under the General Welfare Exclusion shall
be limited to Tribal members. Each approved program shall set forth the specific eligibility rules
and limitations applied to that program. Programs comprising descriptions, including eligibility
rules and limitations, may be presented to the Oneida Business Committee for approval in
accordance with this law. Programs shall be approved by the Oneida Business Committee to be
considered in force and effect and in accordance with this law.
1001.9-4. Limited Use of Assistance Payments. All assistance shall be used for the purpose stated
in the approved program description. If assistance is used or pledged for a purpose inconsistent
with the purpose set forth in an approved program the payment shall be deemed forfeited. The
Nation may secure repayment from the recipient. The Nation may seek to garnish remuneration
from other payments made to recipient to secure repayment of assistance under this law.
1001.9-5. Anti-Alienation. A Tribal member’s benefit is not subject to anticipation, alienation,
sale, transfer, assignment, pledge, encumbrance, attachment or garnishment by creditors of the
Tribal member.
End.
Emergency Adopted - BC-08-12-20-D
Emergency Amended – BC-__-__-__-__
10 O.C. 1001 – Page 4
Public Packet
Emergency Draft 1 for OBC Consideration
2021 02 10
Title 10. General Welfare Exclusion - Chapter 1001
ONEIDA GENERAL WELFARE
1001.1. Purpose and Policy
1001.2. Adoption, Amendment, Repeal
1001.3. Definitions
1001.4. Ratification of Prior Acts
1001.5. General Welfare Doctrine and IRS Revenue Procedure
2014-53/ Tribal General Welfare Exclusion of 2014
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1001.6. Non-Recourse Designation
1001.7. Governing Law; Sovereignty
1001.8. Federal Trust Obligations
1001.9. Approved Program Guidelines
1001.1. Purpose and Policy
1001.1-1. Purpose. The purpose of this law is to provide assistance to eligible Tribal members.
The Nation affirms hereby its sovereign right to do so on a non-taxable basis, pursuant to the
principles of the General Welfare Exclusion to Indian Tribal governmental programs that provide
benefits to Tribal members.
1001.1-2. The federal government through the Tribal General Welfare Exclusion Act of 2014,
codified at 26 U.S.C §139E and the Internal Revenue Service, through its traditional application
of the general welfare doctrine and subsequent guidance, has recognized the sovereign right of
Indian tribal governments to provide financial assistance to its Tribal members under certain
circumstances on a non-taxable basis.
1001.1-3. Policy. It is the policy of the Nation to provide assistance to Tribal members through
approved programs that promote the general welfare of the Nation. This law provides a framework
for approved programs to follow to ensure compliance with the General Welfare Exclusion, 26
U.S.C. §139E, and applicable Internal Revenue Service regulations or revenue procedures
including I.R.S. Rev. Proc. 2014-35. Further, it is the intent of the Oneida Business Committee
that all assistance provided under this law:
(a) is available to any recipients who satisfy the program policies, subject to budgetary
restraints;
(b) is made under an approved program that does not discriminate in favor of members of
the Nation’s governing body;
(c) is not provided as compensation for goods and/or services; and
(d) is not lavish or extravagant under the facts and circumstances, as determined by the
Oneida Business Committee.
1001.2. Adoption, Amendment, Repeal
1001.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by
resolution BC-08-12-20-D, and emergency amended by resolution BC-__-__-__-__.
1001.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
1001.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
1001.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
1001.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1001.3. Definitions
1001.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "Approved program" means any program(s) to provide general welfare assistance that
10 O.C. 1001 – Page 1
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is intended to qualify as non-taxable as a General Welfare Exclusion, administered under
specific guidelines, and is adopted by the Oneida Business Committee through resolution
or law of the Nation.
(b) "Assistance" means benefits or payments under an approved program, which are paid
to or on behalf of a recipient pursuant to this law, provided, that such assistance shall be
owed back to the Nation from the Tribal member recipient in the event the Tribal member
misappropriates the assistance.
(c) “Benefits” means any approved program assistance, including payments, which is
provided pursuant to this law.
(d) “General Test” means the criteria used to determine if any assistance or benefits
provided through an approved program to a recipient shall be treated as a General Welfare
Exclusion. The criteria of the General Test include the following:
(1) Paid on behalf of the Nation;
(2) Pursuant to an approved program;
(3) Does not discriminate in favor of members of the governing body of the Nation;
(4) Are available to any Tribal member who meets the guidelines of the approved
program;
(5) Are for the promotion of general welfare;
(6) Are not lavish or extravagant;
(7) Are not compensation for services; and
(8) Are not per capita payments.
(e) “General Welfare Exclusion” means any benefits shall be treated as non-taxable under
federal law so long as it satisfies the requirements for exclusion under 26 U.S.C. §139E, is
provided under a Safe Harbor Program listed and detailed in I.R.S. Rev. Proc. 2014-35 or
subsequent Internal Revenue Service procedures or regulations, or it meets the General
Test.
(f) “General welfare need” means a need, in the sole discretion of the Oneida Business
Committee, which shall be met to ensure the Nation’s longevity as a self-governing Indian
nation, and includes needs in the areas of health, education, self-sufficiency, selfdetermination, the maintenance of culture and tradition, entrepreneurship, and
employment.
(g) “Lavish” or “Extravagant” shall have the meaning determined by the Oneida Business
Committee in its discretion and based on the circumstances, taking into account needs
unique to the Nation as well as the social purpose being served by the particular assistance
at hand, except as otherwise may be required for compliance with final guidance issued
under 26 U.S.C. §139E following consultation between the Nation and the federal
government.
(h) “Nation” means the Oneida Nation.
(i) “Recipient” means any Tribal member entitled to receive assistance in accordance with
approved program requirements.
(j) "Tribal member" means an individual who is an enrolled member of the Nation.
1001.4. Ratification of Prior Acts
1001.4-1. This law is not to be construed as creating new general welfare assistance rights which
are an inherent right of Nation. Rather, this law is intended to codify existing procedures used by
the Nation to administer its general welfare assistance.
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1001.4-2. Assistance provided prior to the enactment of this law is hereby ratified and confirmed
as general welfare assistance provided pursuant to the exercise by the Nation of its inherent tribal
sovereignty.
1001.5. General Welfare Doctrine and IRS Revenue Procedure 2014-53/ Tribal General
Welfare Exclusion of 2014
1001.5-1. The federal government recognizes that benefits to recipients under an approved
program for the promotion of the general welfare of the Nation is excludable from the gross income
of those recipients.
1001.5-2. The Internal Revenue Service, through I.R.S. Revenue Procedure 2014-35, listed and
detailed examples of Safe Harbor programs under which, if approved and in writing, need would
be presumed, and benefits would be excluded from gross income.
1001.5-3. Benefits authorized by this law are intended to qualify non-taxable under the principles
of the General Welfare Exclusion to the fullest extent permitted at law.
1001.5-4. Assistance authorized by this law shall be limited to funds appropriated, at the discretion
of the Oneida Business Committee and no matter the source of the funds. All amounts budgeted
by the Nation for assistance shall remain general assets of the Nation until payments are disbursed.
1001.5-5. Benefits are not subject to information reporting by the Nation to the Internal Revenue
Service.
1001.5-6. Without limitation, the following benefits shall be treated as non-taxable hereunder:
(a) Benefits that satisfy the requirements for the exemption under 26 U.S.C. §139E;
(b) Benefits that are provided under an IRS Safe Harbor Program listed and described in
I.R.S. Rev. Proc. 2014-35; or
(c) Benefits that qualify for exclusion under the I.R.S. General Criteria of General Welfare
exclusion listed in I.R.S. Rev. Proc. 2014-35, section 5.02(1).
1001.6. Non-Recourse Designation
1001.6-1. The Nation does not guarantee benefits under this law. Benefits shall not be treated as
a resource or asset of a recipient for any purpose; and no recipient shall have an interest in or right
to any funds budgeted for, or set aside for, approved programs until paid. Oneida Business
Committee reserves the right to cancel, adjust, modify or revoke any benefit. The approved
programs shall be administered at all times to avoid triggering of the doctrines of “constructive
receipt” and/or “economic benefit.”
1001.7. Governing Law; Sovereignty
1001.7-1. All the rights and liabilities associated with the enactment of this law, or the assistance
made hereunder, shall be construed and enforced according to the Nation’s laws and applicable
federal law. Nothing in this law or the related laws, policies, or procedures adopted for its
implementation, if any, shall be construed to make applicable to the Nation any laws or regulations
which are otherwise inapplicable to the Nation, or from which the Nation is entitled to exemption
because of its sovereign status.
10 O.C. 1001 – Page 3
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1001.8. Federal Trust Obligations
1001.8-1. The Nation reserves the right to provide assistance in circumstances where federal
funding is insufficient to operate federal programs designed to benefit applicants and when federal
funding is insufficient to adequately and consistently fulfill federal trust obligations. The Nation’s
adoption of its approved programs is not intended to relieve or diminish the federal government of
its funding and trust responsibilities. Nothing herein shall waive the Nation’s right to seek funding
shortfalls or to enforce the trust rights of the Nation and its citizens. The Nation shall be entitled
to government-to-government consultation and coordination with the federal government in regard
to these obligations.
1001.9. Approved Program Guidelines
1001.9-1. Nation Approved Programs. The Oneida Business Committee shall designate approved
programs for which funds shall be budgeted each fiscal year, consistent with the purposes of this
law. Each approved program shall be consistent with the principles of the General Welfare
Exclusion as to purpose, eligibility, and funding.
1001.9-2. Purpose of Approved Programs. Each approved program shall be limited to purposes
consistent with treatment under the General Welfare Exclusion. An approved program shall be
established and operated to promote the general welfare of the Nation, including programs
designed to enhance the promotion of health, education, self-sufficiency, self-determination, and
the maintenance of culture and tradition, entrepreneurship, and employment.
1001.9-3. Eligibility. Assistance intended to qualify under the General Welfare Exclusion shall
be limited to Tribal members. Each approved program shall set forth the specific eligibility rules
and limitations applied to that program. Programs comprising descriptions, including eligibility
rules and limitations, may be presented to the Oneida Business Committee for approval in
accordance with this law. Programs shall be approved by the Oneida Business Committee to be
considered in force and effect and in accordance with this law.
1001.9-4. Limited Use of Assistance Payments. All assistance shall be used for the purpose stated
in the approved program description. If assistance is used or pledged for a purpose inconsistent
with the purpose set forth in an approved program the payment shall be deemed forfeited. The
Nation may secure repayment from the recipient. The Nation may seek to garnish remuneration
from other payments made to recipient to secure repayment of assistance under this law.
1001.9-5. Anti-Alienation. A Tribal member’s benefit is not subject to anticipation, alienation,
sale, transfer, assignment, pledge, encumbrance, attachment or garnishment by creditors of the
Tribal member.
End.
Emergency Adopted - BC-08-12-20-D
Emergency Amended – BC-__-__-__-__
10 O.C. 1001 – Page 4
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Oneida Business Committee Agenda Request
Adopt resolution entitled Adoption of COVID Quarantine Assistance Program
1. Meeting Date Requested:
2
/ 10 / 21
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt resolution titled ADOPTION OF COVID QUARANTINE ASSISTANCE PROGRAM
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Statement of Effect
3.
2. COVID Quarantine Assistance Program SOP
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Jennifer Webster, Council Member
Primary Requestor/Submitter:
Candice Skenandore, Self Governance Coordinator, IGAC
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
This resolution adopts a temporary program titled COVID Quarantine Assistance Program that will assist Tribal
members with essential costs for unpaid time-off due to an unexpected leave from employment due to
COVID-19 illness, required quarantining, or temporary closure of their workplace due to COVID-19. The intent of
this Program is to prevent the loss of necessary transportation means, home foreclosure, home lease
terminations, utility disconnections, and resources to maintain employment.
Funds provided to qualified Tribal members who obtain assistance under the Program will be non-taxable
pursuant to the Oneida General Welfare Law.
Adopting this Resolution will create the Program and adopt its Standard Operating Procedures and directs the
Program to be implemented in accordance with the Oneida General Welfare Law.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution #
ADOPTION OF COVID QUARANTINE ASSISTANCE PROGRAM
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,
on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” pursuant to the COVID-19 pandemic which declared public health state of
emergency for the Oneida Nation; and
WHEREAS,
the State of Wisconsin and neighboring localities implemented similar emergency
measures; and
WHEREAS,
the Oneida Nation’s public health emergency remains in effect until further action by the
Oneida Business Committee; and
WHEREAS,
the COVID-19 pandemic continues to spread unchecked; and
WHEREAS,
the number of the members of the Oneida Nation contracting COVID-19, contending with
its symptoms, and quarantining to inhibit the spread of COVID-19 continues to increase;
and
WHEREAS,
members of the Oneida Nation suffer economic ramifications of the COVID-19 pandemic
either through leave from employment due to the associated illness and symptoms,
required quarantining, or temporary closure of their workplace; and
WHEREAS,
the Oneida Nation seeks to assist its members with essential costs incurred during unpaid
time due to an unexpected leave from employment due to COVID-19 illness, required
quarantining, or temporary closure of their workplace due to COVID-19 to prevent loss of
necessary transportation means, home foreclosure, home lease terminations, utility
disconnections, and resources to maintain employment; and
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee creates hereby the “COVID
Quarantine Assistance Program” and adopts the Standard Operating Procedures thereof and attached,
pursuant to its authority and in accordance with the Oneida General Welfare Law, 10. O.C. 1001 et seq.
BE IT FUTHER RESOLVED, the “COVID Quarantine Assistance Program” will assist members of the
Oneida Nation with essential costs for unpaid time-off due to an unexpected leave from employment due
to COVID-19 illness, required quarantining, or temporary closure of their workplace due to COVID-19 to
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BC Resolution # _______
Adoption of COVID Quarantine Assistance Program
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prevent the loss of necessary transportation means, home foreclosure, home lease terminations, utility
disconnections, and resources to maintain employment.
BE IT FUTHER RESOLVED, the “COVID Quarantine Assistance Program” conveys to Oneida Nation
members, qualified to obtain assistance under the Program, a limited amount of financial assistance that
will be non-taxable pursuant to the Oneida General Welfare Law.
BE IT FUTHER RESOLVED, the “COVID Quarantine Assistance Program” meets the requirements of the
Oneida General Welfare Law, adheres to the Law’s General Test, and may be treated as a General Welfare
Exclusion that will be non-taxable to the recipient.
BE IT FINALLY RESOLVED, the Oneida Business Committee approves hereby the creation of the “COVID
Quarantine Assistance Program” and adopts its Standard Operating Procedures and directs the Program
implementation remain in accordance with the Oneida General Welfare Law, 10. O.C. 1001 et seq.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Adoption of COVID Quarantine Assistance Program
Summary
This resolution approves the creation of the COVID Quarantine Assistance Program in accordance
with the Oneida General Welfare law and adopts its Standard Operating Procedures.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: February 2, 2021
Analysis by the Legislative Reference Office
In early 2020 the world began experiencing the effects of the COVID-19 pandemic. As a result of
the COVID-19 pandemic, in accordance with the authority granted to the Oneida Business
Committee through the Emergency Management and Homeland Security law, on March 12, 2020,
Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” which sets
into place the necessary authority should action need to be taken, and allows the Oneida Nation to
seek reimbursement of emergency management actions that may result in unexpected expenses.
[3 O.C. 302.8-1]. The Oneida Business Committee has extended this Public Health State of
Emergency until February 11, 2021, through the adoption of the following resolutions: BC-03-2820-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, and
BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, and BC-01-07-21-A. [3 O.C. 302.8-5].
The COVID-19 pandemic continues to spread unchecked and the number of members of the
Nation contracting COVID-19, contending with its symptoms, and quarantining to inhibit the
spread of COVID-19 continues to increase. As a result, members of the Nation are suffering
economic ramifications of the COVID-19 pandemic either through leave from employment due to
the associated illness and symptoms, required quarantining, or temporary closure of their
workplace.
This resolution provides that the Oneida Nation seeks to assist its members with essential costs
incurred during unpaid time due to an unexpected leave from employment due to COVID-19
illness, required quarantining, or temporary closure of their workplace due to COVID-19 to
prevent loss of necessary transportation means, home foreclosure, home lease terminations, utility
disconnections, and resources to maintain employment. This resolution provides that the Nation
seeks to provide this assistance to its members through the adoption of the COVID Quarantine
Assistance Program and its Standard Operating Procedures in accordance with the Oneida General
Welfare law.
The Oneida General Welfare law was adopted by the Oneida Business Committee on an
emergency basis through resolution BC-08-12-20-D for the purpose of providing assistance on a
non-taxable basis, to eligible Tribal members through approved programs that promote the general
welfare of the Nation, including programs designed to enhance the promotion of health, education,
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self-sufficiency, self-determination, and the maintenance of culture and tradition,
entrepreneurship, and employment. [10 O.C. 1001.1-1, 1001.1-3, 1001.9-2]. It is the intent of the
Oneida Business Committee that all assistance provided under the Law is:
available to any recipients who satisfy the program policies, subject to budgetary restraints;
made under an approved program that does not discriminate in favor of members of the
Nation’s governing body;
not provided as compensation for goods and/or services; and
not lavish or extravagant under the facts and circumstances, as determined by the Oneida
Business Committee. [10 O.C. 1001.1-3(a)-(d)].
The Law defines an “approved program” as “any program(s) to provide general welfare assistance
that is intended to qualify as non-taxable as a General Welfare Exclusion, administered under
specific guidelines, and is adopted as a law by resolution of the Oneida Business Committee.” 1
[10 O.C. 1001.3-1(a)]. The Law further defines “General Welfare Exclusion” to mean that “any
benefits shall be treated as non-taxable under federal law so long as it satisfies the requirements
for exclusion under 26 U.S.C. § 139E, is provided under a Safe Harbor Program listed and detailed
in I.R.S. Rev. Proc. 2014-35 or subsequent Internal Revenue Service procedures or regulations, or
it meets the General Test.” [10 O.C. 1001.3-1(e)]. The General Test is a set of criteria to be used
to determine whether any assistance or benefits provided through an approved program to a
recipient shall be treated as a General Welfare Exclusion under the Law. [10 O.C. 1001.3-1(d)].
The criteria of the General Test require that any such assistance or benefit:
is paid on behalf of the Nation;
is pursuant to an approved program;
does not discriminate in favor of members of the governing body of the Nation;
is available to any Tribal member who meets the guidelines of the approved program;
is for the promotion of general welfare;
is not lavish or extravagant;
is not compensation for services; and
is not a per capita payment. [10 O.C. 1001.3-1(d)(1)-(8)].
Through the adoption of this resolution the Oneida Business Committee would be creating the
COVID Quarantine Assistance Program and adopting its Standard Operating Procedures in
accordance with the Oneida General Welfare law. The COVID Quarantine Assistance Program
will provide limited financial assistance on a non-taxable basis to members of the Nation with
essential costs for unpaid time-off due to an unexpected leave from employment due to COVID19 illness, required quarantining, or temporary closure of their workplace due to COVID-19 to
prevent the loss of necessary transportation means, home foreclosure, home lease terminations,
utility disconnections, and resources to maintain employment. The COVID Quarantine Assistance
Program meets the requirements of the Oneida General Welfare law, adheres to the Law’s General
Test, and may be treated as a General Welfare Exclusion that will be non-taxable to the recipient.
1
On February 10, 2021, the Legislative Operating Committee will present to the Oneida Business Committee a
proposed emergency amendment to the Oneida General Welfare law which would revise the definition of approved
program found in section 1001.3-1(a) to allow for an approved program to be adopted by the Oneida Business
Committee through resolution in addition to through the adoption of a law of the Nation. If adopted by the Oneida
Business Committee the proposed emergency amendment would become effective immediately.
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Conclusion
Whether the adoption of the resolution conflicts with laws of the Nation is dependent on the Oneida
Business Committee’s February 10, 2021, action regarding the proposed emergency amendment
to the Oneida General Welfare law.
If the Oneida Business Committee first adopts the proposed emergency amendment to the
Oneida General Welfare law which would allow an approved program to be adopted by
the Oneida Business Committee through resolution, then adoption of this resolution would
not conflict with any of the Nation’s laws.
If the Oneida Business Committee does not adopt the proposed emergency amendment to
the Oneida General Welfare law, then adoption of this resolution would conflict with
section 1001.3-1(a) of the Oneida General Welfare law which requires that an approved
program be adopted by the Oneida Business Committee through the adoption of a law of
the Nation.
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Oneida Business Committee Agenda Request
Adopt resolution entitled 2020 Intertribal Buffalo Council, Buffalo Herd Development Grant Application
1. Meeting Date Requested:
02 / 10 / 21
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt resolution entitled 2020 Intertribal Buffalo Council, Buffalo Herd Development Grant
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Grant Authorization Form
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Debbie Thundercloud, General Manager
Primary Requestor/Submitter:
Donald Miller, Grant Development Specialist/Grants
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Patrick Pelky, Division Director/EHSL&A
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The purpose of this resolution is to authorize the Oneida Farm to apply for an InterTribal Buffalo Council herd
development grant. We ask that the Oneida Business committee authorize and support this application.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # Leave this line blank
2020 Intertribal Buffalo Council, Buffalo Herd Development Grant Application
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Nation has determined that the overall goal of the Oneida Nation is to protect,
maintain and improve the standard of living and the environment in which the Oneida
people live; and
WHEREAS,
the Oneida Buffalo Herd Development Project promotes food sovereignty and selfsufficiency and is an integral component of the Oneida Community Integrated Food System
(OCIFS) because it provides high quality, hormone-free, traditional bison meat products
for the improved health and well-being of the Oneida Community; and
WHEREAS,
the Oneida Nation is committed to maintaining long-term support for the Oneida Buffalo
Herd Development Project and
WHEREAS,
the Oneida Business Committee has on several occasions in the past, on behalf of the
Oneida Nation, expressed their support through resolutions for similar grant applications
and the InterTribal Buffalo Council; and
NOW THEREFORE BE IT RESOLVED, that the Oneida Nation authorizes and supports the Oneida Farm’s
submission of a grant application to the InterTribal Buffalo Council for the purposes of restoring and
supporting the Oneida Buffalo Herd Development Project in a manner that is culturally, ecologically and
economically self-sustaining, and supportive of the Oneida Nations nutritional goals and community health.
The official Tribal representative to the InterTribal Buffalo Council shall be Jeff Scofield, Agricultural
Director/Farm and his alternate shall be Patrick Pelky, Division Director/Environmental, Health, Safety and
Land.
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From:
To:
Subject:
Date:
68 of 87
Donald M. Miller
BC_Agenda_Requests
FW: Grant Resolution
Wednesday, January 27, 2021 2:12:21 PM
Here is the GMs email authorizing the ITBC Resolution request.
Thank you
Don
From: General_Manager_SignOff <General_Manager_SignOff@oneidanation.org>
Sent: Wednesday, January 27, 2021 1:59 PM
To: Donald M. Miller <DMILLER1@oneidanation.org>
Subject: FW: Grant Resolution
GM reply below.
Lori S. Hill
Ext. 3803 or 490-3803
Lhill4@oneidanation.org
From: Deborah J. Thundercloud <dthunde2@oneidanation.org>
Sent: Wednesday, January 27, 2021 1:49 PM
To: General_Manager_SignOff <General_Manager_SignOff@oneidanation.org>
Subject: RE: Grant Resolution
This is approved to go to the OBC agenda.
Debbie Thundercloud
General Manager
Oneida Nation, WI
920-869-4315 – Norbert Hill Center
920-496-7414 – Skenandoah Complex
dthunde2@oneidanation.org
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are
addressed. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on
the contents of this information is strictly prohibited.
Public Packet
From: General_Manager_SignOff <General_Manager_SignOff@oneidanation.org>
Sent: Monday, January 25, 2021 8:54 AM
To: Deborah J. Thundercloud <dthunde2@oneidanation.org>
Subject: FW: Grant Resolution
FYI…
From: Donald M. Miller <DMILLER1@oneidanation.org>
Sent: Friday, January 22, 2021 11:53 AM
To: General_Manager_SignOff <General_Manager_SignOff@oneidanation.org>
Subject: Grant Resolution
Here is the resolution for the InterTribal Buffalo Council Grant
I hope that you have a great rest of the day!
Don Miller
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Adopt resolution entitled Authorizing Exemption from Temporary Closure – Oneida Nation Arts Board
Business Committee Agenda Request
1. Meeting Date Requested:
02/10/20
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☒ Resolution
☐ Rule (adoption packet)
☒ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
CWILSON1
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Business Committee Agenda Request – Cover Memo
From:
Lisa Liggins, Secretary/OBC
Date:
2/5/2021
RE:
Resolution Authorizing Exemption from Temporary Closure – Oneida
Nation Arts Board
PURPOSE
Authorizing exemption from temporary closure for the Oneida Nation Arts Board
BACKGROUND
At the January 13, 2021, a request was submitted to the BC from the General Manager to
reinstate the Oneida Nation Arts Board. At that meeting, the BC took action to request an
amendment to resolution # BC-11-24-20-C. It has been determined a amendment is not
necessary; instead a new resolution granting an exemption is being provided.
REQUESTED ACTION
Adopt resolution entitled Authorizing Exemption from Temporary Closure – Oneida
Nation Arts Board
Page 1 of 1
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution #
Authorizing Exemption from Temporary Closure – Oneida Nation Arts Board
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee adopted resolution # BC-04-08-20-B, Placing Listed
Boards, Committees and Commissions in Temporary Closure Status, at the beginning of
the pandemic and the financial impact of closing gaming operations to protect against
increased spread of the COVID-19 virus ; and
WHEREAS,
the Oneida Business Committee reaffirmed the temporary closure of those boards,
committees and commissions for Fiscal Year 2021 by adoption of resolution # BC-11-2420-C, Continuation of Temporary Closure of Listed Boards, Committees and
Commissions for Fiscal Year 2021; and
WHEREAS,
the Oneida Business Committee, on behalf of the General Tribal Council which is unable
to be called into session because of the transmission of the deadly pandemic through
larger gatherings, adopted resolution # BC-11-24-20-F, Approval of Final Draft Fiscal
Year 2021 Budget and Budget Directives; and
WHEREAS,
the Oneida Nation Arts Board does not receive a stipend and carries out the necessary
function of awarding grants to artisans to benefit the community; and
WHEREAS,
the Oneida Nation has received state grant funds to be awarded; and
NOW THEREFORE BE IT RESOLVED, that the Oneida Nation Arts Board is exempted from temporary
closure.
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Public Packet
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Authorizing Exemption from Temporary Closure – Oneida Nation Arts Board
Summary
This resolution exempts the Oneida Nation Arts Board from temporary closure.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: January 29, 2021
Analysis by the Legislative Reference Office
In early 2020 the world began experiencing the effects of the COVID-19 pandemic. As a result of
the COVID-19 pandemic, in accordance with the authority granted to the Oneida Business
Committee through the Emergency Management and Homeland Security law, on March 12, 2020,
Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” which sets
into place the necessary authority should action need to be taken, and allows the Oneida Nation to
seek reimbursement of emergency management actions that may result in unexpected expenses.
[3 O.C. 302.8-1]. The Oneida Business Committee has extended this Public Health State of
Emergency until February 11, 2021, through the adoption of the following resolutions: BC-03-2820-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, and
BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, and BC-01-07-21-A. [3 O.C. 302.8-5].
On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the
Emergency Management and Homeland Security law to create and delegate authority to a COVID19 Core Decision Making Team. [3 O.C. 302.10]. When a public health emergency has been
declared, the COVID-19 Core Decision Making Team has the authority to declare exceptions to
the Nation’s laws, policies, procedures, regulations, or standard operating procedures during the
emergency period which will be of immediate impact for the purposes of protecting the health,
safety, and general welfare of the Nation’s community, members, and employees. [3 O.C. 302.102]. These declarations remain in effect for the duration of the Public Health State of Emergency,
unless identified to be effective for a shorter time period. [3 O.C. 302.10-3].
On March 19, 2020, the COVID-19 Core Decision Making Team issued a “Suspension of all NonEmergent Expenses & Stipends and Activity by Certain Boards, Committees and Commissions”
declaration which in an effort to preserve cash flow to provide funds for regular wages to
employees throughout the emergency declaration period, budget expenditures, stipends, and
meetings were suspended for identified boards, committees, and commissions of the Nation.
On April 8, 2020, the Oneida Business Committee then adopted resolution BC-04-08-20-B, titled
“Placing Listed Boards, Committees and Commissions in Temporary Closure Status.” This
resolution provided that the following boards, committees and commissions of the Nation would
be placed on temporary closure for the remainder of Fiscal Year 2020 and during any continuing
resolution for Fiscal Year 2021:
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Oneida Community Library Board;
Oneida Environmental Resource Board;
Oneida Nation Arts Board;
Oneida Nation Veterans Affairs Committee;
Oneida Personnel Commission;
Oneida Pow Wow Committee;
Pardon and Forgiveness Screening Committee;
Southeastern Wisconsin Oneida Tribal Social Services Advisory Board;
Oneida Land Claims Commission; and
Oneida Nation Commission on Aging.
The Oneida Business Committee then adopted resolution BC-11-24-20-C titled, “Continuation of
Temporary Closure of Listed Boards, Committees and Commissions for Fiscal Year 2021.”
Resolution BC-11-24-20-C provided that the temporary closure of those certain boards,
committees, and commissions identified in resolution BC-04-08-20-B should continue for the
duration of Fiscal Year 2021.
This resolution provides that the Oneida Nation Arts Board is exempted from the temporary
closure status provided for in resolution BC-11-24-20-C. The Oneida Nation Arts Board does not
receive a stipend, and carries out the necessary function of awarding grants to artisans to benefit
the community. The Nation has received state grant funds that are necessary to be awarded out to
artisans.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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Oneida Business Committee Agenda Request
Adopt resolution entitled Temporary Assistance to Needy Families (TANF) Grant Application
1. Meeting Date Requested:
02 / 10 / 21
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Approval of a resolution to authorize and support the submission of a grant application to the U.S.
Department of Health and Human Services/Administration for Children and Families.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Tina Jorgenson, Division Director/ GSD
Primary Requestor/Submitter:
Delia Smith, Community Economic Support Director Delia Smith
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Digitally signed by Delia Smith
Date: 2021.01.29 11:20:31 -06'00'
Public Packet
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The U.S. Department of Health & Human Services/Administration for Children and Families requires an approved,
signed resolution by the governing body as part of the Tribal Temporary Assistance to Needy Families grant
application guidelines. The Oneida Economic Support Department will submit an application in the amount of
$835,924. The funding will provide assistance to needy families so that children may be cared for in their own
home or in the home of a relative; reduce dependency on public benefits by promoting job preparation, work
and marriage; prevent and reduce the incidence of out-of-wedlock (unplanned) pregnancies; and encourage the
formation and maintenance of two-parent families.
GRANT SYNOPSIS
GRANT: Tribal Temporary Assistance to Needy Families (TANF)
PROGRAM: Tribal TANF/Economic Support Department
PROGRAM DIRECTOR: Delia Smith, Community Economic Support Director
MATCH: None
SUMMARY: The TANF Program will provide assistance to needy families so that children may be cared for in their
own home or in the home of a relative; reduce dependency on public benefits by promoting job preparation,
work and marriage; prevent and reduce the incidence of out-of-wedlock (unplanned) pregnancies; and
encourage the formation and maintenance of two-parent families.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # Leave this line blank
Temporary Assistance to Needy Families (TANF) Grant Application
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Nation has determined that the overall goal of the Oneida Nation is to protect,
maintain and improve the standard of living and the environmental in which the Oneida
people live; and
WHEREAS,
the Oneida Business Committee recognizes and supports the efforts of the Tribal
Temporary Assistance to Needy Families (TANF) Program to ensure the primary purposes
of the Federal Personal Responsibilities and Work Opportunities Reconciliation Act; and
WHEREAS,
the Oneida Business Committee hereby supports implementation of the proposed Tribal
TANF Plan for the 2021-2024 Project Period ; and
NOW THEREFORE BE IT RESOLVED, that upon approval by the Administration of Children and Families,
the Oneida Nation TANF Program will be implemented according to the provisions set forth within the Tribal
TANF Plan in the broadest manner possible, while meeting established standards.
BE IT FINALLY RESOLVED, that the Oneida Nation authorizes and supports the submission of a grant
application to the U.S. Department of Health and Human Services, Administration for Children and Families
for the Temporary Assistance to Needy Families (TANF) in the amount of $835,924.00.
families.
Public Packet
From:
To:
Cc:
Subject:
Date:
Attachments:
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Racquel L. Hill
BC_Agenda_Requests
Marsha J. Danforth; Tina M. Jorgensen; Delia M. Smith
BC Agenda Submission for 2/10/21 BC Meeting
Monday, February 1, 2021 9:21:41 AM
image003.png
2021-2024 TANF BC Agenda Request Form.pdf
2021-2024 Tribal TANF Resolution.docx
The attached BC Agenda Request Form and the 2021-2024 Tribal TANF Resolution sent on behalf of
Tina Jorgensen, GSD Director and Delia Smith, Director of Community Support for the BC Meeting
Agenda of February 10, 2021. Below is the approval received from the General Manager.
Please confirm receipt.
Any questions or concerns let me know.
Racquel Hill, Executive Assistant
Governmental Services Division (GSD)
Office: 920.490.3903
Cell: 920.819.8322
PO Box 365 – Oneida, WI 54155
“It’s a good day to have a good day.” (me)
*The information contained in this e-mail is confidential and privileged. If you are not the intended recipient, please be
advised that any unauthorized use, copying, or dissemination of this information is prohibited. Please destroy this e-mail and
immediately notify me of the erroneous transmission.
From: General_Manager_SignOff <General_Manager_SignOff@oneidanation.org>
Sent: Friday, January 29, 2021 1:57 PM
To: Racquel L. Hill <rhill2@oneidanation.org>
Subject: FW: 2021-2024 TANF Resolution
GM approved.
Lori S. Hill
Ext. 3803 or 490-3803
Lhill4@oneidanation.org
Public Packet
From: Deborah J. Thundercloud <dthunde2@oneidanation.org>
Sent: Friday, January 29, 2021 1:34 PM
To: General_Manager_SignOff <General_Manager_SignOff@oneidanation.org>
Subject: RE: 2021-2024 TANF Resolution
Approved to be submitted to the OBC agenda.
Debbie Thundercloud
General Manager
Oneida Nation, WI
920-869-4315 – Norbert Hill Center
920-496-7414 – Skenandoah Complex
dthunde2@oneidanation.org
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are
addressed. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on
the contents of this information is strictly prohibited.
From: General_Manager_SignOff <General_Manager_SignOff@oneidanation.org>
Sent: Friday, January 29, 2021 1:28 PM
To: Deborah J. Thundercloud <dthunde2@oneidanation.org>
Subject: FW: 2021-2024 TANF Resolution
Requesting your approval to go to BC agenda.
From: Racquel L. Hill <rhill2@oneidanation.org>
Sent: Friday, January 29, 2021 1:24 PM
To: General_Manager_SignOff <General_Manager_SignOff@oneidanation.org>
Subject: FW: 2021-2024 TANF Resolution
Please review and let me know if you approve for next BC meeting agenda (2/10/21). Thank you.
Racquel Hill, Executive Assistant
Governmental Services Division (GSD)
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Public Packet
Office: 920.490.3903
Cell: 920.819.8322
PO Box 365 – Oneida, WI 54155
“It’s a good day to have a good day.” (me)
*The information contained in this e-mail is confidential and privileged. If you are not the intended recipient, please be
advised that any unauthorized use, copying, or dissemination of this information is prohibited. Please destroy this e-mail and
immediately notify me of the erroneous transmission.
From: Marsha J. Danforth <MDANFOR4@oneidanation.org>
Sent: Friday, January 29, 2021 11:46 AM
To: Tina M. Jorgensen <tjorgens@oneidanation.org>; Racquel L. Hill <rhill2@oneidanation.org>
Cc: Delia M. Smith <DSMITH1@oneidanation.org>
Subject: 2021-2024 TANF Resolution
Good Morning Ladies,
I have the 2021-2024 TANF Resolution ready to be submitted to the BC for the next meeting agenda
scheduled for 2/10/2021. Would you like to submit the paperwork or would you like for me to do
that?
Let me know.
Thanks,
Marsha Danforth
Grant Development Specialist
Oneida Nation Grants Office
PH: 920-496-7328
Email: mdanfor4@oneidanation.org
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Public Packet
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Oneida Business Committee Agenda Request
Accept the January 20, 2021, regular Legislative Operating Committee meeting minutes
1. Meeting Date Requested:
2
/ 10 / 21
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 the January 20, 2021 Legislative Operating Committee meeting minutes.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. 1/20/21 LOC Meeting Minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
David P. Jordan, Councilmember
Primary Requestor/Submitter:
Clorissa N. Santiago, LRO Senior Staff Attorney
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
January 20, 2021
9:00 a.m.
Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Daniel Guzman
King
Others Present: Clorissa N. Santiago, Kristen Hooker, Aliskwet Ellis, Rhiannon Metoxen, Kristal
Hill
I.
Call to Order and Approval of the Agenda
David Jordan called the January 20, 2021, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Marie Summers to adopt the agenda; seconded by Daniel Guzman King. Motion
carried unanimously.
II.
Minutes to be Approved
1. December 16, 2020 LOC Meeting Minutes
Motion by Kirby Metoxen to approve the December 16, 2020 LOC meeting minutes and
forward to the Business Committee for consideration; seconded by Jennifer Webster.
Motion carried unanimously.
III.
Current Business
1. Community Support Fund Law Amendments
Motion by Jennifer Webster to accept the public comments and public comment review
memorandum and defer to a work meeting for further consideration; seconded by Daniel
Guzman King. Motion carried unanimously.
2. Emergency Management and Homeland Security Law Amendments
Motion by Jennifer Webster to accept the public comments and public comment review
memorandum and defer to a work meeting for further consideration; seconded by Kirby
Metoxen. Motion carried unanimously.
3. Oneida Nation Emergency Planning Committee Bylaws Amendments
Motion by Jennifer Webster to accept the Oneida Nation Emergency Planning Committee
bylaws amendments and legislative analysis and forward to the Oneida Business
Committee for consideration with all of the requested changes from Kaylynn Gresham
being added except as follows: (1) that the area representative membership qualification
section be revised to only allow one area representative to be exempt from the requirement
that they be a member of the Oneida Nation; and (2) that the residential restriction set forth
in the qualification section of the bylaws be deleted in its entirety; seconded by Kirby
Metoxen. Motion carried unanimously.
IV.
New Submissions
Legislative Operating Committee Meeting Minutes of January 20, 2021
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V.
Additions
VI.
Administrative Items
1. Landlord-Tenant Law Rule No. 2 Income Based Rental Program Eligibility,
Selection and Other Requirements: Emergency Amendments
Motion by Jennifer Webster to certify the emergency amendment to Landlord-Tenant Law
Rule No. 2 and forward to the Oneida Business Committee for consideration.; seconded by
Marie Summers. Motion carried unanimously.
VII.
Executive Session
VIII. Adjourn
Motion by Daniel Guzman King to adjourn at 9:30 a.m.; seconded by Kirby Metoxen.
Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of January 20, 2021
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Oneida Business Committee Agenda Request
Post four (4) vacancies - Oneida Nation Arts Board
1. Meeting Date Requested:
2
/ 10 / 21
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
New Business
Accept as Information only
Action - please describe:
Post four (4) vacancies - Oneida Nation Arts 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 Liggins, Secretary
Primary Requestor/Submitter:
Brooke Doxtator, BCC Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The Oneida Business Committee is considering a request to exempt the Oneida Nation Arts Board from
Temporary Closure Status. A resolution for this consideration is being provided at the February 10, 2021
Business Committee meeting.
If the Oneida Nation Arts Board is exempted from Temporary Closure status we are asking to post the vacancies.
There are four (4) vacancies on the Oneida Nation Arts Board that need to be posted. One (1) vacancy is to finish
a term ending February 28, 2022 and three (3) vacancies are for terms ending February 29, 2024.
Action requested:
Post four (4) vacancies for the Oneida Nation Arts Board.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Public Packet
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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.