# Oneida Business Committee (2021) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A553615a04dc2b00e ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 87 DRAFT 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 Oneida Business Committee Regular Meeting Agenda Page 1 of 4 February 10, 2021 Public Packet 2 of 87 DRAFT 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 Oneida Business Committee Regular Meeting Agenda Page 2 of 4 February 10, 2021 Public Packet 3 of 87 DRAFT 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 Oneida Business Committee Regular Meeting Agenda Page 3 of 4 February 10, 2021 Public Packet 4 of 87 DRAFT 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 Oneida Business Committee Regular Meeting Agenda Page 4 of 4 February 10, 2021 Public Packet 5 of 87 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 Public Packet 6 of 87 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 1 of 11 January 27, 2021 Public Packet 7 of 87 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 2 of 11 January 27, 2021 Public Packet 8 of 87 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 3 of 11 January 27, 2021 Public Packet 9 of 87 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 4 of 11 January 27, 2021 Public Packet 10 of 87 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 5 of 11 January 27, 2021 Public Packet 11 of 87 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 6 of 11 January 27, 2021 Public Packet 12 of 87 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 7 of 11 January 27, 2021 Public Packet 13 of 87 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 8 of 11 January 27, 2021 Public Packet 14 of 87 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 9 of 11 January 27, 2021 Public Packet 15 of 87 DRAFT 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 Public Packet 16 of 87 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 Public Packet 17 of 87 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 Public Packet 18 of 87 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 Public Packet 19 of 87 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Oneida, WI 54155 BC Resolution # ___________ 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 Public Packet 20 of 87 BC Resolution _______ Extension of Declaration of Public Health State of Emergency Until March 13, 2021 Page 2 of 2 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 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. Public Packet 21 of 87 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 Page 1 of 2 Public Packet 22 of 87 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 Public Packet 23 of 87 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 Public Packet 24 of 87 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 Public Packet 25 of 87 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 Public Packet 26 of 87 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 Public Packet 27 of 87 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 Public Packet 28 of 87 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 Public Packet 29 of 87 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 Public Packet 30 of 87 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 Public Packet 31 of 87 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 Public Packet 32 of 87 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 Page 1 of 2 Public Packet 33 of 87 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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 34 of 87 Public Packet 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 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. 35 of 87 Public Packet 36 of 87 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 Page 1 of 2 Public Packet 37 of 87 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. Page 2 of 2 Public Packet Analysis to Emergency Draft 1 2021 02 10 38 of 87 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Analysis by the Legislative Reference Office 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. Page 1 of 5 Public Packet 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Analysis to Emergency Draft 1 2021 02 10 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     Page 2 of 5 39 of 87 Public Packet 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Analysis to Emergency Draft 1 2021 02 10 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. 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 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. Page 3 of 5 40 of 87 Public Packet 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 Analysis to Emergency Draft 1 2021 02 10 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)]. Page 4 of 5 41 of 87 Public Packet 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 Analysis to Emergency Draft 1 2021 02 10 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. 173 SECTION 7. OTHER CONSIDERATIONS 174 A. Deadline for Permanent Adoption of Legislation. The emergency amendments to this Law will expire 175 six (6) months after adoption. The emergency legislation may be renewed for an additional six (6) 176 month period. 177  Conclusion: The Legislative Operating Committee will need to consider the development and 178 adoption of this Law on a permanent basis within the next six (6) to twelve (12) months. 179 B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation. 180  Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except 181 emergency legislation [1 O.C. 109.6-1]. 182 Page 5 of 5 42 of 87 Public Packet Emergency Draft 1 for OBC Consideration (Redline to Current) 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 43 of 87 Public Packet 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 44 of 87 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. 10 O.C. 1001 – Page 2 Public Packet 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 45 of 87 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 Public Packet 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 46 of 87 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 47 of 87 Public Packet 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 48 of 87 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. 10 O.C. 1001 – Page 2 Public Packet 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 49 of 87 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 Public Packet 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 50 of 87 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 51 of 87 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. Page 1 of 2 Public Packet 52 of 87 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 Public Packet 53 of 87 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Oneida, WI 54155 BC Resolution # 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 Public Packet 54 of 87 BC Resolution # _______ Adoption of COVID Quarantine Assistance Program Page 2 of 2 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 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. Public Packet 55 of 87 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, Page 1 of 2 Public Packet 56 of 87 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: ƒ available to any recipients who satisfy the program policies, subject to budgetary restraints; ƒ made under an approved program that does not discriminate in favor of members of the Nation’s governing body; ƒ not provided as compensation for goods and/or services; and ƒ 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: ƒ is paid on behalf of the Nation; ƒ is pursuant to an approved program; ƒ does not discriminate in favor of members of the governing body of the Nation; ƒ is available to any Tribal member who meets the guidelines of the approved program; ƒ is for the promotion of general welfare; ƒ is not lavish or extravagant; ƒ is not compensation for services; and ƒ 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. Page 2 of 3 Public Packet 57 of 87 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. ƒ 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. ƒ 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. Page 3 of 3  Public Packet 58 of 87     21(,'$ 1$7,21 67$1'$5' 23(5$7,1* 352&('85(   $87+25'HOLD6PLWK Digitally signed by  Delia Smith   3URJUDP 1RYHPEHU 5(9,6,21'$7( 7,7/(  &29,' 4XDUDQWLQH $VVLVWDQFH 25,*,1$7,21'$7( ())(&7,9( '$7(  GHSHQGLQJ RQ %& DSSURYDORI5HVROXWLRQ $IWHUODVWVLJQDWXUH  $33529('% Sent: Wednesday, January 27, 2021 1:59 PM To: Donald M. Miller Subject: FW: Grant Resolution GM reply below. Lori S. Hill Ext. 3803 or 490-3803 Lhill4@oneidanation.org From: Deborah J. Thundercloud Sent: Wednesday, January 27, 2021 1:49 PM To: General_Manager_SignOff 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 Sent: Monday, January 25, 2021 8:54 AM To: Deborah J. Thundercloud Subject: FW: Grant Resolution FYI… From: Donald M. Miller Sent: Friday, January 22, 2021 11:53 AM To: General_Manager_SignOff 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 69 of 87 Public Packet 70 of 87 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 Public Packet 71 of 87 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A553615a04dc2b00e. Public record. Not legal advice.