# Phone: (920)869-2214 (2016) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A5ad0ac61592ff777 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Meeting Materials September 14, 2016 Open Session CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the following 251 pages are the Open Session meeting materials presented at a meeting duly called, noticed and held on the 14th day of September, 2016. ____________________________ Lisa Summers, Tribal Secretary Oneida Business Committee Page 1 of 242 Oneida Business Committee Executive Session 9:00 a.m. Tuesday, September 13, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, September 14, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Agenda To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/ I. CALL TO ORDER AND ROLL CALL II. OPENING III. ADOPT THE AGENDA IV. OATHS OF OFFICE V. A. Oneida Police Commission – Twylite Moore and Beverly Anderson B. Oneida Library Board – Jennifer Hill and Michael Denny C. Southeastern Oneida Tribal Advisory Board – Peter Stevens D. Oneida Pow Wow Committee – Teresa Schuman E. Oneida Personnel Commission – Leland Wigg-Ninham, Erick Krawczyk, and Jennifer Hill F. Oneida Land Claims Commission – Charles Wheelock G. Oneida Trust/Enrollment Committee – Loretta Metoxen page 8 page 10 MINUTES A. Approve August 16, 2016, special meeting minutes Sponsor: Lisa Summers, Tribal Secretary Oneida Business Committee Regular Meeting Agenda of September 14, 2016 Page 1 of 7 page 12 Page 2 of 242 B. VI. Approve August 24, 2016, regular/August 29, 2016, reconvened meeting minutes Sponsor: Lisa Summers, Tribal Secretary RESOLUTIONS A. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary 1. Two (2) approved requests regarding the adoption of BC resolution # 08-17-16-A Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe Requestor: Brandon Stevens, Councilman B. VII. Adopt resolution titled Rules of Decorum for General Tribal Council Meetings Sponsor: Lisa Summers, Tribal Secretary page 44 Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary 1. Approved request to support the nomination of Debra Danforth to the National Institutes of Health’s Tribal Consultation Advisory Committee Requestor: Melinda J. Danforth, Tribal Vice-Chairwoman page 55 STANDING COMMITTEES A. Finance Committee Sponsor: Tribal Treasurer Trish King, Chair 1. Approve September 8, 2016, Finance Committee meeting minutes IX. page 36 APPOINTMENTS A. VIII. page 15 page 66 GENERAL TRIBAL COUNCIL A. Determine next steps for the 2nd reconvened 2016 semi-annual General Tribal Council meeting agenda and requested reports page 75 Sponsor: Lisa Summers, Tribal Secretary B. Approve 2017 Semi-Annual General Tribal Council meeting date and time Sponsor: Lisa Summers, Tribal Secretary Oneida Business Committee Regular Meeting Agenda of September 14, 2016 Page 2 of 7 page 86 Page 3 of 242 X. UNFINISHED BUSINESS A. Approve recommendation to appoint Melinda K. Danforth and Wesley Martin Jr. to Child Protective Board Sponsor: Tina Danforth, Tribal Chairwoman page 88 EXCERPT FROM AUGUST 24, 2016: Motion by Jennifer Webster to defer the recommendation to appoint Melinda K. Danforth and Wesley Martin Jr. to the Child Protective Board to the September 14, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried with two opposed and one abstention. B. page 94 Accept update regarding vacancies on the Oneida Personnel Commission as information Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM AUGUST 24, 2016: (1) Motion by David Jordan to approve the recommendation to appoint Leland Wigg-Ninham, Eric Krawczyk, and Jennifer L. Hill to Oneida Personnel Commission, seconded by Melinda J. Danforth. Motion carried with one abstention. (2) Amendment to the main motion by Lisa Summers to direct the Tribal Secretary to bring back a chronology of events for these particular vacancies for information to the Business Committee, seconded by Jennifer Webster. Motion carried unanimously. XI. TABLED BUSINESS A. Adopt resolution titled Adoption of the Oneida Youth Leadership Institute’s Charter Sponsor: Joanie Buckley, Division Director/Internal Services page 100 EXCERPT FROM AUGUST 24, 2016: (1) Motion by Lisa Summers to adopt resolution titled Adoption of the Oneida Youth Leadership Institute’s Charter, seconded by Jennifer Webster. Motion not voted on, item tabled. (2) Motion by Brandon Stevens to table this item, seconded by David Jordan. Motion carried with one opposed. 1. Approve corresponding Oneida Youth Leadership Institute’s by-laws page 113 EXCERPT FROM AUGUST 24, 2016: Motion by Brandon Stevens to table this item, seconded by David Jordan. Motion carried with one opposed. XII. NEW BUSINESS A. Approve request to post two (2) vacancies on the Oneida Election Board Sponsor: Lisa Summers, Tribal Secretary B. Enter E-Poll results into the record for approved request to transfer one hundred (100) 2016 Indian Summer Festival tickets to Joint Marketing Sponsor: Lisa Summers, Tribal Secretary Oneida Business Committee Regular Meeting Agenda of September 14, 2016 Page 3 of 7 page 122 page 124 Page 4 of 242 XIII. TRAVEL A. Travel Requests 1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary a. Approved travel request – Councilman Brandon Stevens – Generation Indigenous Philanthropic event – Washington D.C. – August 25-26, 2016 Requestor: Brandon Stevens, Councilman page 137 2. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary a. Failed travel request – Councilwoman Jennifer Webster - American Indian Tourism (AIANTA) conference – Tulalip, WA – September 12‐15, 2016 Requestor: Jennifer Webster, Councilwoman XIV. page 147 3. Approve travel request – Chairwoman Tina Danforth – White House Tribal Nations conference – Washington D.C. – September 25-28, 2016 Sponsor: Tina Danforth, Tribal Chairwoman page 157 4. Approve travel request – Chairwoman Tina Danforth – National Congress of American Indians (NCAI) convention – Phoenix, AZ – October 9-14, 2016 Sponsor: Tina Danforth, Tribal Chairwoman page 162 REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.) A. Unfinished Reports 1. Accept Child Protective Board FY ’16 3rd quarter report (1:30 p.m.-1:45 p.m.) Chair: Dale Powless Sponsor: Lisa Summers, Tribal Secretary page 179 EXCERPT FROM AUGUST 24, 2016: Motion by Lisa Summers to defer the Child Protective Board FY ’16 3rd quarter report to the September 14, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. B. Operational Reports 1. Accept Self-Governance FY ’16 3rd quarter report (1:45 p.m.-2:05 p.m.) Sponsor: Chris Johns, Coordinator/Self-Governance page 190 2. Accept Emergency Management FY ’16 3rd quarter report (2:05 p.m.-2:25 p.m.) Sponsor: Kaylynn Gresham, Director/Emergency Management Department page 193 Oneida Business Committee Regular Meeting Agenda of September 14, 2016 Page 4 of 7 Page 5 of 242 C. Corporate Reports 1. Accept Oneida Seven Generations Corporation FY ’16 3rd quarter report (2:25 p.m.-2:40 p.m.) Agent: Pete King III Liaison: Tina Danforth, Tribal Chairwoman page 201 2. Accept Oneida Total Integrated Enterprise FY ’16 3rd quarter report (2:40 p.m.-2:55 p.m.) Chair: Butch Rentmeester Liaison: Tehassi Hill, Councilman page 204 3. Accept Oneida Engineering Science & Construction, LLC FY ’16 3rd quarter report (2:55 p.m.-3:10 p.m.) Chair: Jacquelyn Zalim Liaison: Tehassi Hill, Councilman page 223 4. Accept Bay Bancorporation Inc. FY ’16 3rd quarter report (3:10 p.m.-3:25 p.m.) Vice-President: Dianne Zubella Liaison: Tina Danforth, Tribal Chairwoman page 230 5. Accept Oneida Airport Hotel Corporation FY ’16 3rd quarter report (3:25 p.m.-3:40 p.m.) President: Janice Skenandore-Hirth Liaison: Trish King, Tribal Treasurer page 235 6. Defer Oneida Golf Enterprise FY ’16 3rd quarter report to September 28, 2016, regular Business Committee meeting Agent: Janice Skenandore-Hirth Liaison: Trish King, Tribal Treasurer XV. page 241 EXECUTIVE SESSION A. Reports 1. Accept Oneida Seven Generations Corporation FY ’16 3rd quarter report (9:00 a.m.-9:30 a.m.) Agent: Pete King III Liaison: Tina Danforth, Tribal Chairwoman page 243 2. Accept Oneida Total Integrated Enterprise FY ’16 3rd quarter report (9:30 a.m.-10:00 a.m.) Chair: Butch Rentmeester Liaison: Tehassi Hill, Councilman page 249 3. Accept Oneida Engineering Science & Construction, LLC FY ’16 3rd quarter report (10:00 a.m.-10:30 a.m.) Chair: Jacquelyn Zalim Liaison: Tehassi Hill, Councilman page 256 Oneida Business Committee Regular Meeting Agenda of September 14, 2016 Page 5 of 7 Page 6 of 242 4. Accept Bay Bancorporation Inc. FY ’16 3rd quarter report (10:30 a.m.-11:00 a.m.) Vice-President: Dianne Zubella Liaison: Tina Danforth, Tribal Chairwoman page 261 5. Accept Oneida Airport Hotel Corporation FY ’16 3rd quarter report (11:00 a.m.-11:30 a.m.) President: Janice Skenandore-Hirth Liaison: Trish King, Tribal Treasurer page 273 6. Defer Oneida Golf Enterprise FY ’16 3rd quarter report to September 28, 2016, regular Business Committee meeting Agent: Janice Skenandore-Hirth Liaison: Trish King, Tribal Treasurer 7. Accept Chief Counsel report – Jo Anne House, Chief Counsel a. Approve two (2) requests regarding Housing and Urban Development (HUD) draft monitoring report B. page 314 page 316 page 317 Standing Items 1. Land Claims Strategy (No Requested Action) C. D. Audit Committee Sponsor: Councilman Tehassi Hill, Chair 1. Accept June 30, 2016, Audit Committee meeting minutes page 368 2. Accept August 15, 2016 Audit Committee meeting minutes page 371 3. Accept Department of Public Works Cemetery Maintenance audit and lift confidentiality requirement to allow Tribal Members to view the audit page 374 4. Accept Let It Ride Rules of Play audit and lift confidentiality requirement to allow Tribal Members to view the audit page 387 New Business 1. Approve eighty-three (83) new enrollments Chair: Debra Danforth, Trust & Enrollment Committee Sponsor: Brandon Stevens, Councilman 2. Approve amended resignation date for Family Court Judge from October 19, 2016, to October 21, 2016 Sponsors: Melinda J. Danforth, Vice-Chairwoman; and David Jordan, Councilman page 403 page 410 3. Adopt resolution titled Regarding Pardon of Richard Dickenson Sponsor: Lisa Summers, Tribal Secretary page 415 4. Adopt resolution titled Regarding Pardon of Valerie Ventura Sponsor: Lisa Summers, Tribal Secretary page 418 5. Approve limited waiver of sovereign immunity – MiCamp Solutions-Merchant Agreement and Amendment – contract # 2016-0356 (This item is scheduled to begin at 1:30 p.m.) Sponsor: Louise Cornelius, Gaming General Manager Oneida Business Committee Regular Meeting Agenda of September 14, 2016 Page 6 of 7 page 421 Page 7 of 242 6. Approve request to review section 4.5 of Gaming General Manager contract based on annual performance review Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman page 489 7. Approve request for a market analysis and updated job description of Human Resources Department Area Manager position Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman page 537 8. Approve request to direct Retail Profit Manager to sign updated job description Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman page 543 9. Approve request to direct the Gaming General Manager to follow-up on complaint # 2016DR16-01 page 547 Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman XVI. 10. Accept concern # 2016-CC-10 as information Sponsor: Tina Danforth, Tribal Chairwoman page 552 11. Approve request for follow-up regarding concern # 2016-CC-11 Sponsor: Tina Danforth, Tribal Chairwoman page 556 12. Accept concern # 2016-CC-12 as information Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman page 559 ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:30 p.m., Friday, September 9, 2016, pursuant to the Open Records and Open Meetings Law, section 7.17-1. The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214. Oneida Business Committee Regular Meeting Agenda of September 14, 2016 Page 7 of 7 Page 8 of 242 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 09 / 14 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office to Twylite Moore and Beverly Anderson to the Oneida Police Commission. Administer Oath of Office to Jennifer Hill and Michael Denny to the Oneida Library Board. Administer Oath of Office to Peter Stevens to the SEOTS Board. Administer Oath of Office to Teresa Schuman to the Oneida Pow Wow Committee. Administer Oath of Office to Leland Wigg-Ninham and Erik Krawczyk and Jennifer Hill to the Oneida Personnel Commission. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor: Kathleen M. Metoxen, Executive Tribal Clerk Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Page 9 of 242 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The posting was in the May 19, 2016 issue of the Kalihwisaks for (1) vacancy on the Oneida Police Commission for a (5) year term with the deadline of June 20, 2016. There was (1) applicant for the (1) vacancy on the Oneida Police Commission. The appointment was made on the August 24, 2016 BC Agenda. The posting was in the June 2, 2016 issue of the Kalihwisaks for (1) vacancy on the Oneida Police Commission to finish the term until October 18, 2019 with the deadline of July 2, 2016. There was (1) applicant for the (1) vacancy on the Oneida Police Commission. The appointment was made on the August 24, 2016 Agenda. The posting was in the May 19, 2016 issue of the Kalihwisaks for (1) vacancy on the Oneida Library Board for a (3) year term with the deadline of June 20, 2016. There were (2) applicants for the (1) vacancy on the Oneida Library Board. The appointment was made on the August 24, 2016 BC Agenda. The posting was in the June 16, 2016 issue of the Kalihwisaks for (1) vacancy on the Oneida Library Board for a (3) year term with the deadline of July 15, 2016. There was (1) applicant for the (1) vacancy on the Oneida Library Board. The appointment was made on the August 24, 2016 BC Agenda. The posting was in the June 16, 2016 issue of the Kalihwisaks for (1) vacancy on the SEOTS Board for a (3) year term with the deadline of July 15, 2016. There were (2) applicants for the (1) vacancy on the SEOTS Board. The appointment was made on the August 24, 2016 BC Agenda. The posting was in the June 16, 2016 issue of the Kalihwisaks for (1) vacancy on the Oneida Pow Wow Committee to finish the term until February 28, 2109 with the deadline of July 15, 2016. There was (1) applicant for the (1) vacancy on the Oneida Pow Wow Committee. The appointment was made on the August 24, 2016 BC Agenda. The posting was in the May 19, 2016 issue of the Kalihwisaks for (4) vacancies on the Oneida Personnel Commission for a (5) year term with the deadline of May 19, 2016. There were (3) applicants for the (4) vacancies on the Oneida Personnel Commission. The appointment was made on the August 24, 2016 BC Agenda. The posting was in the June 16, 2016 issue of the Kalihwisaks for (2) vacancies on the Oneida Personnel Commission one for (5) year term and one to finish a term until June 10, 2020 with the deadline of July 15, 2016. There were (4) applicants for the (2) vacancies on the Personnel Commitee. The appointment was made on the August 24, 2016 BC Agenda. 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 Page 10 of 242 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 09 / 14 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office to Charles Wheelock to the Oneida Land Claims Commission. Loretta Metoxen to the Oneida Trust/Enrollment Committee. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor: Kathleen Metoxen, Executive Tribal Clerk Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Page 11 of 242 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: There was a Special Election on July 9, 2016 for Elected Boards, Committees and Commissions. Couldn't make to the August 24, 2016 BC meeting. 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 Page 12 of 242 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 09 / 14 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Minutes Accept as Information only Action - please describe: Approve August 16, 2016, special meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. August 16, 2016, special meeting minutes 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Heather Heuer, Info. Mgmt. Spec./BC Support Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Page 13 of 242 DRAFT Oneida Business Committee Special Meeting 10:00 a.m. Tuesday, August 16, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Minutes - DRAFT SPECIAL MEETING Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members: Tehassi Hill, David Jordan, Brandon Stevens; Not Present: Chairwoman Tina Danforth, Councilwoman Fawn Billie, Councilwoman Jennifer Webster; Arrived at: ; Others present: Heather Heuer, Nancy Barton, Jo Anne House, Larry Barton, Leyne Orosco, Cathy Bachhuber, Brian Doxtator, RaLinda Ninham-Lamberies, Don White, Cathy Metoxen, Jessica Wallenfang, Lori Elm, Jacqueline Schuman; I. CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 10:00 a.m. For the record: II. OPENING III. ADOPT THE AGENDA Chairwoman Tina Danforth, Councilwoman Fawn Billie, and Councilwoman Jennifer Webster are out of the office on vacation time. Motion by Tehassi Hill to adopt the agenda as presented, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers Not Present: Tina Danforth, Fawn Billie, Jennifer Webster IV. UNFINISHED BUSINESS A. Approve Special General Tribal Council FY2017 Budget meeting materials Sponsors: Lisa Summers, Tribal Secretary; Trish King, Tribal Treasurer EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting with the exception of item 09.B. Approve Special General Tribal Council FY2017 Budget meeting materials and item 13.B. Approve 2016 Special Election Final Report and declare official results which are to be moved to special Business Committee meeting to be coordinated and scheduled by the Tribal Secretary for next week, seconded by Lisa Summers. Motion carried unanimously. Motion by Trish King to approve the Special General Tribal Council FY2017 Budget meeting materials with the following changes: [To include a report notifying General Tribal Council of the Fiscal Year 2017 Wage/Salary Plan for Oneida Business Committee member with noted corrections; To change “economic” to “economy in the 6th Whereas on page 46 of 82; and change “development” to “develop” in the Be It Finally Resolved on page 47 of 82], seconded by Tehassi Hill. Motion carried unanimously: Oneida Business Committee Special Meeting Minutes - DRAFT of August 16, 2016 Page 1 of 2 Page 14 of 242 DRAFT Ayes: Not Present: Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers Tina Danforth, Fawn Billie, Jennifer Webster B. Accept 2016 Special Election Final Report and declare results official Chair: Vicki Cornelius, Oneida Election Board Liaison: Melinda J. Danforth, Tribal Vice-Chairwoman EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting with the exception of item 09.B. Approve Special General Tribal Council FY2017 Budget meeting materials and item 13.B. Approve 2016 Special Election Final Report and declare official results which are to be moved to special Business Committee meeting to be coordinated and scheduled by the Tribal Secretary for next week, seconded by Lisa Summers. Motion carried unanimously. Motion by Lisa Summers to accept the 2016 Special Election Final Report and declare the results official, seconded by David Jordan. Motion carried unanimously: Ayes: Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers Not Present: Tina Danforth, Fawn Billie, Jennifer Webster V. ADJOURN Motion by Lisa Summers to adjourn at 10:57 a.m., seconded by David Jordan. Motion carried unanimously: Ayes: Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers Not Present: Tina Danforth, Fawn Billie, Jennifer Webster Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented/corrected on ___________. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Special Meeting Minutes - DRAFT of August 16, 2016 Page 2 of 2 Page 15 of 242 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 09 / 14 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Minutes Accept as Information only Action - please describe: Approve August 24, 2016, regular/August 29, 2016, reconvened meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. August 24 & 29, 2016 meeting minutes 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Heather Heuer, Info. Mgmt. Spec./BC Support Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Page 16 of 242 DRAFT Oneida Business Committee Executive Session 9:00 a.m. Tuesday, August 23, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, August 24, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Reconvened Regular Meeting 1:30 p.m. Monday, August 29, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Minutes – DRAFT EXECUTIVE SESSION Present: Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers, Council members: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster; Not Present: Chairwoman Tina Danforth, Treasurer Trish King, Councilwoman Fawn Billie; Arrived at: ; Others present: Jo Anne House, Lisa Liggins, Larry Barton, Nate King, Janice Hirth-Skenandore, Kelly McAnally, Justin Fox; REGULAR MEETING Present: Chairwoman Tina Danforth, Vice-Chairwoman Melinda J. Danforth, Treasurer Secretary Lisa Summers, Council members: Tehassi Hill, David Jordan, Jennifer Webster on August 24 & 29, 2016; Not Present: Treasurer Trish King on August 24 & 29, 2016, Councilwoman Fawn Billie on August 24, 2016; Arrived at: Councilman Brandon Stevens at 9:04 a.m. on August 24, 2016; Others present: Brad Graham, Bill Graham, Norbert Hill Jr., Jo Anne House, Heather Heuer, Chris Johnson, Jessica Wallenfang, Kathy Metoxen, Jennifer Falck, Lloyd Powless Jr., Rae Skenandore, Mike Debraska, Gina Buenrostro, Phil Wisneski, Dylan Benton, Sherrole Benton, Kaylynn Gresham, Dawn Moon-Kopetsky, Rebecca Webster, Nancy Barton, Wes Martin Jr., Dianne McLester Heim, Joanie Buckley, Susan White, Ed Delgado, Cheryl Stevens, Larry Barton, Cathy Metoxen, Pat Pelky, Don White, Debra Danforth, Troy Parr, Dr. Ravinder Vir, Jeff Metoxen, Pat Metoxen, Arlie Doxtator, Mary Ann Kruckeberg, Dale Webster, Chris Cornelius, Tomas Escamea, Shanna Torres, Teresa Schuman, David Cluckey, Rita Metoxen, Anita Barber, Cathy Bachhuber, Dale Powless, Bonnie Pigman, Laura Manthe, James Petitjean, Brian Doxtator, Sharon Mousseau, Lou Williams, LouAnne Green, Don White, Frank Cornelius, Linda Dallas, Patricia Cornelius, Tracy Williams, Chris Cornelius, JoAnn Ninham, Krystal John, Bonnie Pigman, Paul Witek, Lisa Liggins, Joan Christnot, Sue Doxtator; I. CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 9:00 a.m. For the record: II. Treasurer Trish King and Councilwoman Fawn Billie are out of the office on vacation time. Councilman Tehassi Hill and Councilwoman Jennifer Webster are excused at 3:30 p.m. to attend a diabetic prevention event at the Radisson Hotel & Conference Center on August 24, 2016. OPENING by Councilman Tehassi Hill Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 1 of 20 Page 17 of 242 DRAFT Councilman Brandon Stevens arrives at 9:04 a.m. on August 24, 2016 III. ADOPT THE AGENDA (00:03:58) Motion by Melinda J. Danforth to adopt the agenda as presented, noting item 11.C. Approve request from Tribal Member to direct Division Director of Environmental Health & Safety to provide timelines, clarifications, and accountability regarding Environmental Health & Safety FY ’16 3rd quarter report, is scheduled to begin at 10:00 a.m., seconded by Tehassi Hill. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Fawn Billie, Trish King IV. V. OATHS OF OFFICE (00:06:25) by Secretary Lisa Summers A. Oneida Land Commission – Rebecca Webster and Lloyd Powless Jr. B. Oneida Land Claims Commission – Chris Cornelius and Tomas Escamea C. Oneida Nation Commission on Aging – Mary Ann Kruckeberg, Dale Webster, and Arlie Doxtator D. Oneida Trust/Enrollment Committee – Norbert Hill Jr. and Dylan Benton E. Oneida Nation School Board – Shanna Torres F. Oneida Election Board –Teresa Schuman MINUTES (00:10:33) A. Approve August 3, 2016, special meeting minutes Sponsor: Lisa Summers, Tribal Secretary Motion by David Jordan to approve the August 3, 2016, special meeting minutes, seconded by Lisa Summers. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Fawn Billie, Trish King B. Approve August 10, 2016, regular meeting minutes Sponsor: Lisa Summers, Tribal Secretary Motion by David Jordan to approve the August 10, 2016, regular meeting minutes, seconded by Lisa Summers. Motion carried with one abstention: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers Abstained: Jennifer Webster Not Present: Fawn Billie, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 2 of 20 Page 18 of 242 DRAFT VI. RESOLUTIONS (00:23:11) A. Adopt resolution titled Adoption of the Oneida Youth Leadership Institute’s Charter Sponsor: Joanie Buckley, Division Director/Internal Services Motion by Lisa Summers to adopt resolution titled Adoption of the Oneida Youth Leadership Institute’s Charter, seconded by Jennifer Webster. Motion not voted on, item tabled. Motion by Brandon Stevens to table this item, seconded by David Jordan. Motion carried with one opposed: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Opposed: Lisa Summers Not Present: Fawn Billie, Trish King 1. Approve corresponding Oneida Youth Leadership Institute’s by-laws Motion by Brandon Stevens to table this item, seconded by David Jordan. Motion carried with one opposed: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Opposed: Lisa Summers Not Present: Fawn Billie, Trish King B. Adopt resolution titled Wisconsin Dept. of Transportation (WisDOT)/Tribal Historic Preservation Office (THPO) Project Sponsor: Joanie Buckley, Division Director/Internal Services Motion by Lisa Summers to adopt resolution # 08-24-16-A Wisconsin Dept. of Transportation (WisDOT)/Tribal Historic Preservation Office (THPO) Project, seconded by Melinda J. Danforth. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Fawn Billie, Trish King C. Adopt resolution titled Oneida Nation of Wisconsin 2015-2020 Pre-Disaster Mitigation Plan Sponsor: Kaylynn Gresham, Director/Emergency Management Motion by Lisa Summers to adopt resolution # 08-24-16-B Oneida Nation 2015-2020 Pre-Disaster Mitigation Plan, with the following change: [Revise “Oneida Nation of Wisconsin” to “Oneida Nation”], seconded by David Jordan. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Fawn Billie, Trish King VII. APPOINTMENTS (00:40:58) A. Approve recommendation to appoint Beverly Anderson and Twylite Moore to Oneida Police Commission Sponsor: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to approve the recommendation to appoint Beverly Anderson and Twylite Moore to Oneida Police Commission, seconded by David Jordan. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Fawn Billie, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 3 of 20 Page 19 of 242 DRAFT B. Approve recommendation to appoint Jennifer L. Hill and Michael Denny to Oneida Library Board Sponsor: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to approve the recommendation to appoint Jennifer L. Hill and Michael Denny to Oneida Library Board, seconded by Lisa Summers. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Fawn Billie, Trish King C. Approve recommendation to appoint Peter Stevens to Southeastern Oneida Tribal Services Advisory Board Sponsor: Tina Danforth, Tribal Chairwoman Motion by Lisa Summers to approve the recommendation to appoint Peter Stevens to Southeastern Oneida Tribal Services Advisory Board, seconded by David Jordan. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Fawn Billie, Trish King D. Approve recommendation to appoint Teresa Schuman to Oneida Pow Wow Committee Sponsor: Tina Danforth, Tribal Chairwoman Motion by Melinda J. Danforth to approve the recommendation to appoint Teresa Schuman to Oneida Pow Wow Committee, seconded by David Jordan. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Fawn Billie, Trish King E. Approve recommendation to appoint Melinda K. Danforth and Wesley Martin Jr. to Child Protective Board Sponsor: Tina Danforth, Tribal Chairwoman Motion by Jennifer Webster to defer the recommendation to appoint Melinda K. Danforth and Wesley Martin Jr. to Child Protective Board to the September 14, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried with two opposed and one abstention: Ayes: Tehassi Hill, Lisa Summers, Jennifer Webster Opposed: David Jordan, Brandon Stevens Abstained: Melinda J. Danforth Not Present: Fawn Billie, Trish King Councilman Tehassi Hill departs at 9:53 a.m. on August 24, 2016 Councilman Tehassi Hill returns at 9:56 a.m. on August 24, 2016 Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 4 of 20 Page 20 of 242 DRAFT F. Approve recommendation to appoint Leland Wigg-Ninham, Eric Krawczyk, and Jennifer L. Hill to Oneida Personnel Commission Sponsor: Tina Danforth, Tribal Chairwoman Motion by David Jordan to approve the recommendation to appoint Leland Wigg-Ninham, Eric Krawczyk, and Jennifer L. Hill to Oneida Personnel Commission, seconded by Melinda J. Danforth. Motion carried with one abstention: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster Abstained: Brandon Stevens Not Present: Fawn Billie, Trish King Amendment to the main motion by Lisa Summers to direct the Tribal Secretary to bring back a chronology of events for these particular vacancies for information to the Business Committee, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Fawn Billie, Trish King VIII. STANDING COMMITTEES A. Legislative Operating Committee Sponsor: Councilman Brandon Stevens, Chair 1. Accept August 3, 2016, Legislative Operating Committee meeting minutes (1:04:15) Motion by Tehassi Hill to approve the August 3, 2016, Legislative Operating Committee meeting minutes, seconded by Lisa Summers. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Fawn Billie, Trish King B. Finance Committee Sponsor: Tribal Treasurer Trish King, Chair Councilman Tehassi Hill departs at 11:20 a.m. on August 24, 2016 Councilman Tehassi Hill returns at 11:25 a.m. on August 24, 2016 1. Approve August 15, 2016, Finance Committee meeting minutes (2:03:10) Motion by David Jordan to approve the August 15, 2016, Finance Committee meeting minutes, seconded by Brandon Stevens. Motion carried with one opposed: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Opposed: Lisa Summers Not Present: Fawn Billie, Trish King Motion by Melinda J. Danforth to request the Tribal Treasurer and Finance Department work with Governmental Services Department to identify the gap regarding those with disabilities; and to bring back a recommendation on how to address that gap for the Fiscal Year 2018 budget, seconded by David Jordan. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Fawn Billie, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 5 of 20 Page 21 of 242 DRAFT IX. 1 GENERAL TRIBAL COUNCIL A. Approve three (3) requests regarding a Reconvened Special General Tribal Council meeting from the August 10, 2016, Special General Tribal Council meeting (5:56:42) Sponsor: Lisa Summers, Tribal Secretary Motion by Melinda J. Danforth to approve Sunday, October 2, 2016, at 1:00 p.m. as the date and time for the Reconvened Special General Tribal Council meeting; and to approve the reprint of the meeting materials from the August 10, 2016, Special General Tribal Council meeting with an updated cover page and agenda, seconded by Lisa Summers. Motion carried unanimously: Ayes: Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers Not Present: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster For the record: Chairwoman Tina Danforth stated I am not available for the Sunday, October 2nd meeting due to prior commitments. B. Approve meeting date and time for 2017 Annual General Tribal Council meeting; reserving February 13, 2017, as an alternate date in event of inclement weather (6:02:44) Sponsor: Lisa Summers, Tribal Secretary Motion by Melinda J. Danforth to approve Monday, January 16, 2017, at 6:00 p.m. for the 2017 Annual General Tribal Council meeting; reserving February 13, 2017 at 6:00 p.m. as an alternate date in event of inclement weather, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers Not Present: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Motion by Lisa Summers to recess at 4:30 p.m. on August 24, 2016 and to reconvene on Monday, August 29, 2016, at 1:30 p.m., seconded by David Jordan. Motion carried unanimously: Ayes: Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers Not Present: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Meeting called to order by Chairwoman Tina Danforth at 1:30 p.m. on August 29, 2016 Treasurer Trish King not present on August 29, 2016 C. Accept verified petition submitted by Madelyn Genskow and Yvonne Metivier regarding incentive stipends for Oneida Nation elections starting 2017; and request appropriate analyses (6:07:41) Sponsor: Lisa Summers, Tribal Secretary Motion by Lisa Summers to accept the verified petition submitted by Madelyn Genskow and Yvonne Metivier regarding incentive stipends for Oneida Nation elections starting 2017, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Trish King Motion by Lisa Summers to send the verified petition to the Law, Finance, and Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative analyses to be completed, seconded by Fawn Billie. Motion carried unanimously: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Trish King 1 This section of the agenda follows after section XV. REPORTS was completed. Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 6 of 20 Page 22 of 242 DRAFT Motion by Lisa Summers to direct the Law, Finance, and Legislative Reference Offices to submit their analyses to the Tribal Secretary’s Office within sixty (60) days; and that a progress report be submitted in forty-five (45) days, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Trish King Motion by Lisa Summers to direct the Direct Report Offices to submit appropriate administrative analyses regarding the petition to be submitted to the Tribal Secretary’s Office within thirty (30) days, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Trish King X. STANDING ITEMS (6:12:52) Councilman Brandon Stevens departs at 1:48 p.m. on August 29, 2016 Councilman Brandon Stevens returns at 1:56 p.m. on August 29, 2016 A. Accept update regarding Work Plan for Cemetery Improvements project # 14-002 Sponsor: James Petitjean, Interim Assistant Division Director/Development Motion by Lisa Summers to accept the update regarding Work Plan for Cemetery Improvements project # 14-002, as information, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Trish King For the record: Vice-Chairwoman Melinda J. Danforth stated the final report with recommendations and proposed budget will be brought back to the September 28th Business Committee meeting for consideration. XI. UNFINISHED BUSINESS A. Review update regarding Oneida Sacred Burial Grounds and determine appropriate next steps (6:33:17) Sponsor: Brandon Stevens, Councilman and Liaison/Trust and Enrollment Committee EXCERPT FROM JUNE 8, 2016: Motion by Lisa Summers to accept the information in the memorandum from the Trust Department dated May 31, 2016, as information, noting there have been two (2) identified alternative sites for a cemetery should the need arise and to send this item to the next available Officers’ meeting for continued follow-up with the overall cemetery work plan, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM MARCH 9, 2016: (1) Motion by Tehassi Hill to accept the presentation regarding the Oneida Sacred Burial Grounds per GTC Directive, seconded by Trish King. Motion carried unanimously. (2) Amendment to the main motion by Tehassi Hill to request an update at the first regular Business Committee meeting in June regarding potential locations of the cemetery, seconded by Trish King. Motion carried unanimously. Motion by Lisa Summers to table this item until after the September 28, 2016, regular Business Committee meeting so that we have more information before us, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 7 of 20 Page 23 of 242 DRAFT B. Approve updated Oneida Head Start/Early Head Start Selection Criteria (6:50:36) Sponsor: Don White, Division Director/Governmental Services EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Motion by Melinda J. Danforth to defer this item to the next Business Committee work meeting for discussion, seconded by Lisa Summers. Motion carried unanimously: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Trish King Secretary Lisa Summers departs at 10:11 a.m. on August 24, 2016 Secretary Lisa Summers returns at 10:20 a.m. on August 24, 2016 Vice-Chairwoman Melinda J. Danforth departs at 10:25 a.m. on August 24, 2016 Vice-Chairwoman Melinda J. Danforth returns at 10:43 a.m. on August 24, 2016 Councilman David Jordan departs at 10:43 a.m. on August 24, 2016 Councilman David Jordan returns at 10:49 a.m. on August 24, 2016 C. Approve request from Tribal Member to direct Division Director of Environmental Health & Safety to provide timelines, clarifications, and accountability regarding Environmental Health & Safety FY ’16 3rd quarter report (This item is scheduled at 10:00 a.m.) (1:06:06) Sponsor: Tina Danforth, Tribal Chairwoman EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Motion by Melinda J. Danforth to approve the Tribal Member’s request for information; to request the Division Director of Environmental Health & Safety to bring back a report to the September 28, 2016, regular Business Committee meeting; and to request all appropriate parties relative to that report to be present for the discussion, seconded by Tehassi Hill. Motion carried with one opposed: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Opposed: Lisa Summers Not Present: Fawn Billie, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 8 of 20 Page 24 of 242 DRAFT XII. TABLED BUSINESS (7:12:02) A. Adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal Council on June 13, 2016 Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal Council on June 13, 2016, seconded by Brandon Stevens. Motion ruled out of order by Chairwoman Tina Danforth. (2) Motion by Lisa Summers to table this item to the July 27, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. Motion by Melinda J. Danforth to take this item from the table, seconded by David Jordan. Motion carried unanimously: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Trish King Secretary Lisa Summers departs at 2:59 p.m. on August 29, 2016 Secretary Lisa Summers returns at 3:01 p.m. on August 29, 2016 Councilman Tehassi Hill departs at 3:30 p.m. on August 29, 2016 Councilman Tehassi Hill returns at 3:33 p.m. on August 29, 2016 Secretary Lisa Summers departs at 3:39 p.m. on August 29, 2016 Secretary Lisa Summers returns at 3:42 p.m. on August 29, 2016 Motion by Lisa Summers to adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal Council on June 13, 2016, seconded by Brandon Stevens. Motion ruled out of order by Chairwoman Tina Danforth. Motion by David Jordan to request an external third party attorney’s office to provide an opinion regarding the per capita actions taken by the General Tribal Council during a special meeting on June 13, 2016, seconded by Lisa Summers. Motion carried with three opposed: Ayes: Melinda J. Danforth, Fawn Billie, David Jordan, Lisa Summers Opposed: Tehassi Hill, Brandon Stevens, Jennifer Webster Not Present: Trish King Amendment to the main motion by Melinda J. Danforth to request the Finance Office be the person to administer and request the legal opinion, seconded by Lisa Summers. Motion carried with one opposed and one abstention: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers Opposed: Jennifer Webster Abstained: Brandon Stevens Not Present: Trish King Vice-Chairwoman Melinda J. Danforth departs at 3:57 p.m. Motion by Lisa Summers to place this item on the next Business Committee work meeting agenda for further discussion on possible ways to continue to approach the concerns that were addressed here today, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 9 of 20 Page 25 of 242 DRAFT XIII. NEW BUSINESS (8:24:19) A. Approve request to post one (1) vacancy on the Southeastern Oneida Tribal Services Advisory Board with a term end date of November 12, 2017 Sponsor: Lisa Summers, Tribal Secretary Motion by Lisa Summers to approve the request to post one (1) vacancy on the Southeastern Oneida Tribal Services Advisory Board with a term end date of November 12, 2017, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Trish King B. Approve request to direct Business Committee Officers to complete reorganization of Utilities/Wastewater Dept. to the Dept. of Public Works in accordance with Standard Operating Procedure titled Reorganizing Positions Sponsor: Trish King, Tribal Treasurer Motion by Jennifer Webster to approve the request to direct Business Committee Officers to complete reorganization of Utilities/Wastewater Dept. to the Dept. of Public Works in accordance with Standard Operating Procedure titled Reorganizing Positions, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Trish King XIV. TRAVEL (8:25:32) A. UNFINISHED TRAVEL REPORTS Vice-Chairwoman Melinda J. Danforth returns at 4:12 p.m. on August 29, 2016 1. Accept travel report – Chairwoman Tina Danforth – American Indian Sovereignty in Action – Havana, Cuba – July 18-22, 2016 EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Motion by David Jordan to accept the travel report – Chairwoman Tina Danforth – American Indian Sovereignty in Action – Havana, Cuba – July 18-22, 2016, as information, seconded by Tehassi Hill. Motion carried with one opposed and one abstention: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens Opposed: Jennifer Webster Abstained: Lisa Summers Not Present: Trish King For the record: Chairwoman Tina Danforth stated I am not making myself unavailable and I’m not making myself unaccountable. I explained myself fully to General Tribal Council that I did not see an email come across my computer. I took full responsibility for that, but it seems like nobody wants to let that go at this table at least some of you not all of you. So you know okay if that’s how you want to play this out I guess that’s totally up to you, but my answers will be the same. My expectations will be the same and it doesn’t help anything to continue to rehash the fact that I missed an email that came across my email and it wasn’t because I was traveling. I just did not get to it. Period. And yeah I took some time off for personal vacation which I am entitled to. That was part of the reason why I Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 10 of 20 Page 26 of 242 DRAFT For the record: missed it. So you know again it lends itself to the communications, it’s the communication. So, you know whatever you know you want to continue to scrutinize you know the fact that I missed an email, you can. Is it fruitful? I don’t think so. Did you make your point clear? Yeah about a hundred times. It’s real clear. I’ve got it. I got it and I got and I got it. It’s clear. Are you just banning me from travel now no matter what? I was not allowed to go to MAST. I was not allowed to go to WEWIN. And now because I’m being transparent about being you know traveling. I’m being transparent about it. I’m disclosing the contents of the meetings. I think I am doing what I am supposed to do, but I guess if you, maybe I should’ve not labeled this travel I should have labeled it new business or report or made it something else on the agenda, I don’t know. Maybe that was the wrong thing to do, but anyways. I owned up to what I did and didn’t do. So if we’re going to continue this we are going to continue this I guess I will just expect that and I do feel like I am being held to a different standard any time I put in any kind of a travel or other consideration, but you know, it is what it is. I know it’s not all of you. So let’s move on here. Councilwoman Jennifer Webster stated I still believe there should have been formal approval even though the travel was paid by another entity especially international travel. Motion by Lisa Summers to send the topic of Business Committee travel expectations to the next Business Committee work meeting agenda for discussion, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Trish King For the record: Secretary Lisa Summers stated as the Secretary I’ve had several inquiries to my office about formal approval on this travel and I just need to state that there was no formal Business Committee approval for this travel. Chairwoman Tina Danforth departs at 4:23 p.m. on August 29, 2016, and Vice-Chairwoman Melinda J. Danforth assumes responsibilities of the Chair. B. TRAVEL REPORTS 1. Accept travel report – Secretary Lisa Summers – National Congress of American Indians (NCAI) mid-year conference – Spokane, WA – June 27-30, 2016 Motion by Fawn Billie to accept the travel report – Secretary Lisa Summers – National Congress of American Indians (NCAI) mid-year conference – Spokane, WA – June 27-30, 2016, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Trish King 2. Accept travel report – Secretary Lisa Summers – Midwest Alliance of Sovereign Tribes (MAST) summer meeting – New Buffalo, MI – July 20-21, 2016 Motion by Jennifer Webster to accept the travel report – Secretary Lisa Summers – Midwest Alliance of Sovereign Tribes (MAST) summer meeting – New Buffalo, MI – July 20-21, 2016, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 11 of 20 Page 27 of 242 DRAFT C. UNFINISHED TRAVEL REQUESTS 1. Enter E-Poll results into the record for approval of Oneida Arts Board travel request in accordance with the Travel & Expense Policy – Three (3) Music from Our Culture (MOC) teachers and six (6) Kids Learning their Culture/Ways (KLU) students – National Indian Tourism Conference – Seattle, WA – September 13-15, 2016 Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Motion by Lisa Summers to enter the E-Poll results into the record for approval of Oneida Arts Board travel request in accordance with the Travel & Expense Policy – Three (3) Music from Our Culture (MOC) teachers and six (6) Kids Learning their Culture/Ways (KLU) students – National Indian Tourism Conference – Seattle, WA – September 13-15, 2016, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Trish King D. TRAVEL REQUESTS Councilwoman Jennifer Webster departs at 4:39 p.m. on August 29, 2016 Councilwoman Jennifer Webster returns at 4:41 p.m. on August 29, 2016 Secretary Lisa Summers departs at 4:43 p.m. on August 29, 2016 Secretary Lisa Summers returns at 4:46 p.m. on August 29, 2016 Councilwoman Fawn Billie departs at 4:46 p.m. on August 29, 2016 Councilwoman Fawn Billie returns at 4:49 p.m. on August 29, 2016 1. Approve travel request in accordance with Travel & Expense Policy – Four (4) Oneida Language Department staff – Kaliwiyo Ceremonies – Corfu, NY (Tonawanda Seneca Longhouse) – September 9-16, 2016 Sponsor: Don White, Division Director/Governmental Services Motion by David Jordan to approve the travel request in accordance with the Travel & Expense Policy – Four (4) Oneida Language Department staff – Kaliwiyo Ceremonies – Corfu, NY (Tonawanda Seneca Longhouse) – September 9-16, 2016, seconded by Lisa Summers. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster Abstained: Lisa Summers Not Present: Tina Danforth, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 12 of 20 Page 28 of 242 DRAFT XV. REPORTS (2:56:56) (This section of the agenda is scheduled to begin at 1:30 p.m. on August 24, 2016) Motion by Tehassi Hill to recess at 11:56 a.m. August 24, 2016, and to reconvene at 1:30 p.m., seconded by David Jordan. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Fawn Billie, Trish King Meeting called to order by Chairwoman Tina Danforth at 1:30 p.m. on August 24, 2016 Treasurer Trish King, Councilwoman Fawn Billie, and Councilman Brandon Stevens not present on August 24, 2016. A. UNFINISHED REPORTS Councilman Brandon Stevens arrives at 1:44 p.m. on August 24, 2016 Secretary Lisa Summers departs at 2:38 p.m. on August 24, 2016 Secretary Lisa Summers returns at 2:42 p.m. on August 24, 2016 1. Accept Internal Services Division FY ’16 3rd quarter report (1:30 p.m.-1:50 p.m.) Sponsor: Joanie Buckley, Division Director/Internal Services EXCERPT FROM AUGUST 10, 2016: Motion by Lisa Summers to defer the Internal Services Division FY ’16 3rd quarter report to the August 24, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. Motion by Jennifer Webster to accept the Internal Services Division FY ’16 3rd quarter report, seconded by David Jordan. Motion carried unanimously: Ayes: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Fawn Billie, Trish King B. OPERATIONAL REPORTS Councilman Tehassi Hill departs at 2:53 p.m. on August 24, 2016 Councilman Tehassi Hill returns at 2:56 p.m. on August 24, 2016 Councilman David Jordan departs at 3:22 p.m. on August 24, 2016 Councilman David Jordan returns at 3:24 p.m. on August 24, 2016 Vice-Chairwoman Melinda J. Danforth departs at 3:24 p.m. on August 24, 2016 Secretary Lisa Summers departs at 3:27 p.m. on August 24, 2016 Vice-Chairwoman Melinda J. Danforth returns at 3:32 p.m. on August 24, 2016 Chairwoman Tina Danforth departs at 3:33 p.m. and Vice-Chairwoman Melinda J. Danforth assumes responsibility of the Chair on August 24, 2016. Secretary Lisa Summers returns at 3:37 p.m. on August 24, 2016 Councilwoman Jennifer Webster departs at 3:37 p.m. on August 24, 2016 Chairwoman Tina Danforth returns at 3:42 p.m. and resumes the responsibilities of the Chair on August 24, 2016. Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 13 of 20 Page 29 of 242 DRAFT 1. Accept Comprehensive Health Division FY ’16 3rd quarter report (1:50 p.m.-2:10 p.m.) Sponsors: Debra Danforth Division Director/Comprehensive Health Operations; Dr. Ravinder Vir, Division Director/Medical Operations Motion by Melinda J. Danforth to accept the Comprehensive Health Division FY ’16 3rd quarter report, seconded by Tehassi Hill. Motion carried unanimously: Councilman Tehassi Hill departs at 3:42 p.m. on August 24, 2016, before voting occurs Ayes: Not Present: C. Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster BOARDS, COMMITTEES, AND COMMISSIONS 1. Accept Land Claims Commission FY ’16 3rd quarter report (2:10 p.m.-2:35 p.m.) Vice-Chair: Loretta Metoxen Liaison: Brandon Stevens, Councilman Motion by Brandon Stevens to accept the Land Claims Commission FY ’16 3rd quarter report, seconded by David Jordan. Motion carried with one abstention: Ayes: David Jordan, Brandon Stevens, Lisa Summers Abstained: Melinda J. Danforth Not Present: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster 2. Accept Oneida Nation School Board FY ’16 3rd quarter report (2:35 p.m.-2:50 p.m.) Chair: Debra Danforth Liaison: Fawn Billie, Councilwoman Motion by David Jordan to accept the Oneida Nation School Board FY ’16 3rd quarter report, seconded by Lisa Summers. Motion carried unanimously: Ayes: Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers Not Present: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster 3. Accept Oneida Library Board FY ’16 3rd quarter report (2:50 p.m.-3:05 p.m.) Vice-Chair: Roxanne Anderson Liaison: Fawn Billie, Councilwoman Motion by David Jordan to accept the Oneida Library Board FY ’16 3rd quarter report, seconded by Lisa Summers. Motion carried unanimously: Ayes: Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers Not Present: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster 4. Accept Environmental Resources Board FY ’16 3rd quarter report (3:05 p.m.-3:20 p.m.) Chair: Marlene Garvey Liaison: Tehassi Hill, Councilman Motion by David Jordan to accept the Environmental Resources Board FY ’16 3rd quarter report, seconded by Lisa Summers. Motion carried unanimously: Ayes: Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers Not Present: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 14 of 20 Page 30 of 242 DRAFT 5. Defer Child Protective Board FY ’16 3rd quarter report to the September 14, 2016, regular Business Committee meeting Chair: Dale Powless Liaison: Lisa Summers, Tribal Secretary Motion by Lisa Summers to defer the Child Protective Board FY ’16 3rd quarter report to the September 14, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously: Ayes: Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers Not Present: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster XVI. EXECUTIVE SESSION (9:18:40) Secretary Lisa Summers and Councilman David Jordan depart at 4:52 p.m. on August 29, 2016 A. REPORTS 1. Accept Intergovernmental Affairs & Communications report – Nathan King, Director Motion by Jennifer Webster to accept the Intergovernmental Affairs & Communications report, seconded by Tehassi Hill. Motion carried with one abstention: Ayes: Tehassi Hill, Brandon Stevens, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, David Jordan, Trish King, Lisa Summers 2. Accept Chief Counsel report – Jo Anne House, Chief Counsel Motion by Tehassi Hill to accept the Chief Counsel report, seconded by Jennifer Webster. Motion carried with one abstention: Ayes: Tehassi Hill, Brandon Stevens, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, David Jordan, Trish King, Lisa Summers Secretary Lisa Summers returns at 4:53 on August 29, 2016 a. Enter E-Poll results into the record approving 1st Amendment to Attorney McAndrews employment contract # 2013-0873 Motion by Jennifer Webster to enter the E-Poll results into the record approving 1st Amendment to Attorney McAndrews employment contract # 2013-0873, seconded by Lisa Summers. Motion carried with one abstention: Ayes: Tehassi Hill, Brandon Stevens, Lisa Summers, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, David Jordan, Trish King b. Approve limited waiver of sovereign immunity – LexisNexis-Time Matters Annual Maintenance Agreement – contract # 2016-0909 Motion by Lisa Summers to approve the limited waiver of sovereign immunity – LexisNexis-Time Matters Annual Maintenance Agreement – contract # 2016-0909, seconded by Jennifer Webster. Motion carried with one abstention: Ayes: Tehassi Hill, Brandon Stevens, Lisa Summers, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, David Jordan, Trish King c. Approve Andrus Intellectual Property Law LLP. – contract # 2016-0912 Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 15 of 20 Page 31 of 242 DRAFT EXCERPT FROM AUGUST 3, 2016: (1)Motion by Jennifer Webster that the Business Committee acting as the representative of the shareholder of the Oneida Golf Enterprise operating the business Thornberry Creek at Oneida Golf Course selects Thornberry Creek LPGA Classic as the name of the LPGA tournament, seconded by Trish King. Motion carried with one opposed. (2) Motion by Brandon Stevens to direct the Oneida Law Office to bring forward options with regards to this issue to the August 24, 2016, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously. Motion by Jennifer Webster to approve the Andrus Intellectual Property Law LLP. – contract # 2016-0912, seconded by Lisa Summers. Motion carried with one abstention: Ayes: Tehassi Hill, Brandon Stevens, Lisa Summers, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, David Jordan, Trish King 3. Accept Chief Financial Officer report – Larry Barton, Chief Financial Officer Motion by Tehassi Hill to accept the Chief Financial Officer report, seconded by Jennifer Webster. Motion carried with one abstention: Ayes: Tehassi Hill, Brandon Stevens, Lisa Summers, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, David Jordan, Trish King B. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) 2. Oneida Golf Enterprise – Ladies Professional Golf Association (This item is scheduled at 10:00 a.m.) Sponsor: Trish King, Tribal Treasurer Motion by Jennifer Webster to accept the update regarding the Oneida Golf Enterprise – Ladies Professional Golf Association, seconded by Tehassi Hill. Motion carried with one abstention: Ayes: Tehassi Hill, Brandon Stevens, Lisa Summers, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, David Jordan, Trish King Motion by Lisa Summers to request a formal notice be provided to the Oneida Golf Enterprise agent with notification that we will be looking for more specific detailed information regarding Ladies Professional Golf Association event, including event progress and sponsorships for each report forthcoming after today, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, David Jordan, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 16 of 20 Page 32 of 242 DRAFT C. UNFINISHED BUSINESS 1. Accept Chief Counsel report dated August 9, 2016 – Jo Anne House, Chief Counsel EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Motion by Jennifer Webster to accept the Chief Counsel report dated August 9, 2016, seconded by Lisa Summers. Motion carried with one abstention: Ayes: Tehassi Hill, Brandon Stevens, Lisa Summers, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, David Jordan, Trish King 2. Approve two (2) recommendations by sub-committee; and close-out complaint # 2016-DR06-01 Sponsors: Tehassi Hill, Councilman; Brandon Stevens, Councilman; Jennifer Webster, Councilwoman EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM JUNE 22, 2016: Motion by Jennifer Webster to defer the update regarding complaint # 2016-DR06-01 to the August 10, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM MAY 25, 2016: Motion by Lisa Summers to accept the update regarding complaint # 2016-DR06-01; and to defer item to the June 22, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM MARCH 30, 2016: Motion by Tehassi Hill to accept Complaint # 2016-DR06-01, to acknowledge merit, and to assign Councilman Brandon Stevens, Councilman Tehassi Hill, and Councilwoman Jennifer Webster, seconded by Fawn Billie. Motion carried with one abstention. Motion by Lisa Summers to approve the two (2) recommendations by the sub-committee; and close-out complaint # 2016-DR06-01, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, David Jordan, Trish King Councilman David Jordan returns at 4:57 p.m. on August 29, 2016 3. Approve investigation results and close-out concern # 2016-CC-09 Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman; Fawn Billie, Councilwoman EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM JUNE 22, 2016: Motion by Jennifer Webster to defer concern # 2016-CC-09 to Vice-Chairwoman Melinda J. Danforth and Councilwoman Fawn Billie, seconded by Fawn Billie. Motion carried unanimously. Motion by Jennifer Webster to approve the investigation results; and close-out concern # 2016-CC-09, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 17 of 20 Page 33 of 242 DRAFT 4. Approve two (2) requests regarding complaint # 2016-DR07-01 Sponsors: Lisa Summers, Tribal Secretary; David Jordan, Councilman; Brandon Stevens, Councilman EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM JULY 27, 2016: Motion by Melinda J. Danforth to assign Secretary Lisa Summers, Councilman David Jordan, and Councilman Brandon Stevens to form a subcommittee to investigate the complaint, seconded by Fawn Billie. Motion carried unanimously. Motion by Lisa Summers to accept the recusals of Councilman David Jordan and Councilman Brandon Stevens from the sub-committee assigned to investigate complaint # 2016-DR07-01; and to appoint Councilman Tehassi Hill and Councilwoman Jennifer Webster to the sub-committee assigned to investigate complaint # 2016-DR0701, noting Secretary Lisa Summers is already assigned to the sub-committee, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Trish King 5. Enter E-Poll results into the record approving (4) four requests regarding Family Court Judge job description and position Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Motion by Jennifer Webster to enter the E-Poll results into the record approving (4) four requests regarding Family Court Judge job description and position, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Trish King 6. Approve limited waiver of sovereign immunity – First Data Merchant Services – contract # 2016-0564 Sponsor: Louise Cornelius, Gaming General Manager EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Motion by Jennifer Webster to approve the limited waiver of sovereign immunity– First Data Merchant Services – contract # 2016-0564, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 18 of 20 Page 34 of 242 DRAFT 7. Approve request to support procedural exception to reallocate funds from CapEX to Technology Set Aside regarding Surveillance System Replacement project for FY ’16 and FY ’17 Chair: Mark A. Powless Sr., Gaming Commission Liaison: Brandon Stevens, Councilman EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Motion by Lisa Summers to approve the request to support a procedural exception to reallocate funds from CapEX to Technology Set Aside regarding Surveillance System Replacement project for FY ’16 and FY ’17, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Trish King 8. Approve request from Tribal Member for accountability to be provided regarding violation of Code of Ethics by Oneida Business Committee member at the July 27, 2016, regular Business Committee meeting Sponsor: Tina Danforth, Tribal Chairwoman EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Motion by Jennifer Webster to accept this item as information, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Trish King 9. Review request from Tribal Member regarding depletion of Bureau of Indian Affairs – General Assistance Grant funds and determine appropriate next steps Sponsor: Tina Danforth, Tribal Chairwoman EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Motion by Jennifer Webster to accept the request as information; and to request the Governmental Services Division and Self-Governance Director to provide a report, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Trish King Amendment to the main motion by Lisa Summers to defer this item to a Business Committee Officer’s for continued monitoring and follow-up; and to request the initial report be brought back within thirty (30) days, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Trish King Councilman Brandon Stevens departs at 5:12 p.m. Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 19 of 20 Page 35 of 242 DRAFT 10. Accept update regarding Chief Financial Officer employment contract as information Sponsor: Trish King, Tribal Treasurer EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Motion by Jennifer Webster to accept the update regarding Chief Financial Officer employment contract as information, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Trish King, Brandon Stevens D. NEW BUSINESS 1. Approve limited waiver of sovereign immunity – BDO USA LLP. – contract # 2016-0279 (This item is scheduled at 9:00 a.m.) Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety Motion by Lisa Summers to approve the limited waiver of sovereign immunity – BDO USA LLP. – contract # 20160279, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Trish King, Brandon Stevens XVII. ADJOURN Motion by Lisa Summers to adjourn at 5:14 p.m. on August 29, 2016, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Trish King, Brandon Stevens Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented/corrected on ___________. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes - DRAFT of August 24 & 29, 2016 Page 20 of 20 Page 36 of 242 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 09 / 14 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Resolutions Accept as Information only Action - please describe: Enter E-Poll results into the records for two (2) approved requests regarding the adoption of BC resolution # 08-17-16-A Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe 3. Supporting Materials Report Resolution Contract Other: 1. Emails with E-Poll results and request 3. 2. Agenda Request for E-Poll 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Submitted by: Heather Heuer, Info. Mgmt. Specialist/BC Support Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Brandon Stevens, Councilman Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Page 37 of 242 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: ***BACKGROUND*** On, Tuesday, August 16, 2016, at 5:01 p.m., the following E-Poll was conducted: SUMMARY: This is a request for support of the BC resolution: Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe. The resolution is in Opposition of the Dakota Access Pipeline (DAPL), and supporting the Standing Rock Sioux Tribe. The construction of the pipeline jeopardizes many sacred places. Federal law requires meaningful consultation with the Tribe on these matters, that has not happened here. The Standing Rock Sioux Tribe has been actively opposing the permitting and construction of the Dakota Access Pipeline since the Tribe first learned of the proposal in 2014 and the pipeline’s proposed construction. The Standing Rock Sioux Reservation is home to Dakota and Lakota people of the Standing Rock Sioux Tribe and covers parts of North Dakota and South Dakota. The U.S. Army Corps of Engineers granted authorization to the Dakota Access Pipeline as part of the construction of a 1,100 mile pipeline that is proposed to carry over a half͈million barrels of Bakken crude oil to Illinois and across four states. The pipeline would cross the Tribe’s traditional and ancestral lands, and is less than one mile from the reservation border. This is an E͈poll request because it would support a pending injunction filed by Standing Rock Sioux Tribe. REQUESTED ACTIONS: 1. Adopt the BC resolution titled Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe. 2. Direct Intergovernmental Affairs & Communications to draft and publish a press release. DEADLINE FOR RESPONSE: Responses are due no later than 12:00 (NOON) on Wednesday, August 17, 2016. As of the deadline on, Wednesday, August 17, 2016, at 12:00 p.m., the following are the E-Poll results: Support: Melinda J. Danforth, Trish King, Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster ***REQUESTED ACTION*** Enter E-Poll results into the records for two (2) approved requests regarding the adoption of BC resolution # 08-17-16-A Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe 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 Page 38 of 242 Heather M. Heuer From: Sent: To: Cc: Subject: Attachments: TribalSecretary Wednesday, August 17, 2016 12:02 PM TribalSecretary; Brandon L. Yellowbird-Stevens; Cristina S. Danforth; David P. Jordan; Fawn J. Billie; Jennifer A. Webster; Lisa M. Summers; Melinda J. Danforth; Patricia M. King; Ronald W. Hill Brian A. Doxtator; Cathy L. Bachhuber; Danelle A. Wilson; Dawn M. Moon-Kopetsky; Jessica L. Wallenfang; Leyne C. Orosco; Lisa A. Liggins; Lora L. Skenandore; Rhiannon R. Metoxen; Nathaniel S. King; Jo A. House E-POLL RESULTS: Adopt BC resolution titled Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe. Epoll - Adopt resolution titled Oneida Nation Objecting Construction of ....pdf E‐Poll RESULTS The E‐Poll request to adopt BC resolution # 08‐17‐16‐A Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe; and to direct the Intergovernmental Affairs & Communications Department to draft and publish a corresponding press release, has been approved. Below are the results: Support: Melinda J. Danforth, Trish King, Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Heather Heuer Information Management Specialist Business Committee Support Office (BCSO) office 920.869.4421 cell 920.471.5002 fax 920.869.4040 From: TribalSecretary Sent: Tuesday, August 16, 2016 5:01 PM To: Brandon L. Yellowbird‐Stevens ; Cristina S. Danforth ; David P. Jordan ; Fawn J. Billie ; Jennifer A. Webster ; Lisa M. Summers ; Melinda J. Danforth ; Patricia M. King ; Ronald W. Hill Cc: Brian A. Doxtator ; Cathy L. Bachhuber ; Danelle A. Wilson ; Dawn M. Moon‐Kopetsky ; Jessica L. Wallenfang ; Leyne C. Orosco ; Lisa A. Liggins ; Lora L. Skenandore ; Rhiannon R. Metoxen Subject: E‐POLL REQUEST: Adopt BC resolution titled Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe. Importance: High 1 Page 39 of 242 E‐POLL REQUEST Summary: This is a request for support of the BC resolution: Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe. The resolution is in Opposition of the Dakota Access Pipeline (DAPL), and supporting the Standing Rock Sioux Tribe. The construction of the pipeline jeopardizes many sacred places. Federal law requires meaningful consultation with the Tribe on these matters, that has not happened here. The Standing Rock Sioux Tribe has been actively opposing the permitting and construction of the Dakota Access Pipeline since the Tribe first learned of the proposal in 2014 and the pipeline’s proposed construction. The Standing Rock Sioux Reservation is home to Dakota and Lakota people of the Standing Rock Sioux Tribe and covers parts of North Dakota and South Dakota. The U.S. Army Corps of Engineers granted authorization to the Dakota Access Pipeline as part of the construction of a 1,100 mile pipeline that is proposed to carry over a half‐million barrels of Bakken crude oil to Illinois and across four states. The pipeline would cross the Tribe’s traditional and ancestral lands, and is less than one mile from the reservation border. This is an E‐poll request because it would support a pending injunction filed by Standing Rock Sioux Tribe. Requested Actions: 1. Adopt the BC resolution titled Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe. 2. Direct Intergovernmental Affairs & Communications to draft and publish a press release. Deadline for response: Responses are due no later than 12:00 (NOON) on Wednesday, August 17, 2016. Voting: 1. Use voting button above, if available; OR 2. Reply with “support” or “oppose” Heather Heuer Information Management Specialist Business Committee Support Office (BCSO) office 920.869.4421 cell 920.471.5002 fax 920.869.4040 2 Page 40 of 242 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 8 I 16 I 16 2. General Information: Session: 18] Open D Executive- See instructions for the applicable laws, then choose one: AgendaHeader: LIR_e_so_l_ut_io_n_s______________________________________________________~ D Accept as Information only 181 Action - please describe: Adopt the BC resolution: Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe 3. Supporting Materials D Report 18] Resolution D Contract D Other: 1. ~------------------------------~ 2. 3. 4. D Business Committee signature required 4. Budget Information D Budgeted -Tribal Contribution D Budgeted- Grant Funded s. Submission Authorized Sponsor I Liaison: !Brandon Stevens, Council Member Primary Requestor/Submitter: Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of 2 D Unbudgeted Page 41 of 242 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: This is a request for support of the BC resolution: Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe. The resolution is in Opposition of the Dakota Access Pipeline (DAPL), and supporting the Standing Rock Sioux Tribe. The construction of the pipeline jeopardizes many sacred places. Federal law requires meaningful consultation with the Tribe on these matters, that has not happened here. The Standing Rock Sioux Tribe has been actively opposing the permitting and construction of the Dakota Access Pipeline since the Tribe first learned of the proposal in 2014 and the pipeline's proposed construction. The Standing Rock Sioux Reservation is home to Dakota and Lakota people of the Standing Rock Sioux Tribe and covers parts of North Dakota and South Dakota. The U.S Army Corps of Engineers granted authorization to the Dakota Access Pipeline as part of the construction of a 1,1 00 mile pipeline that is proposed to carry over a half-million barrels of Bakken crude oil to Illinois and across four states. The pipeline would cross the Tribe's traditional and ancestral lands, and is less than one mile from the reservation border. The Oneida Nation has a Vision of strong families built on Tsi?ni yukwalihot" and a strong economy. The Mission of the Oneida Nation is to strengthen and protect our people, reclaim our land and enhance the environment by exercising our sovereignty. This resolution supports our mission and vision as it does the Standing Rock Sioux Tribe for the same mission to protect Mother Earth. This resolution will confirm that the Oneida Nation supports the Standing Rock Sioux Tribe and stands strong in opposition to the DAPL. Action: Adopt the BC resolution: Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe. Direct IGAC to draft and publish a press release. 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 of2 Page 42 of 242 Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # __-__-__-_ Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, it is the culture and essential nature of the Oneida Nation to protect Mother Earth made up of the waters, air, earth and all of the fish, birds, animals and plants on it; and WHEREAS, the Oneida Nation recognizes the conflict this responsibility to Mother Earth and the world we live in today causes in providing resources in this modern world; and WHEREAS, the Oneida Nation recognizes that transportation of resources across the United States poses difficulties in regards to safely obtaining the resources and the dangers that occur moving the resources; and WHEREAS, the Oneida Nation believes that the reports of the safety of pipeline transportation over rail or truck transportation is greatly exaggerated as it is not possible to replace sacred sites or lost medicines when oils spills occur and that there is no dollar value that can be placed on these losses when they occur, see Furchtgott-Roth, D. (June 2013) Pipelines are Safest for Transportation of Oil and Gas, Manhattan Institute, Issue Brief No. 23.; and WHEREAS, the Oneida Nation believes that streams, rivers, and lakes not only serve the local environment it also provides drinking water for the surrounding and downstream communities that must be kept in mind in all decisions affecting those waters; and WHEREAS, the Oneida Nation, having reviewed the materials related to the Dakota Access Pipeline, also known as the Bakkan Pipeline, believes that the federal government, particularly the U.S. Army Corps of Engineers, has failed in its responsibilities to the Standing Rock Sioux Tribe and community by failing to clearly identify the impact of the proposed pipeline, to clearly and publicly engage in government-to-government consultations with the Tribe, and by failing to address the concerns raised by the Standing Rock Sioux Tribe, see Native Communities Stand Up to Proposed Oil Pipeline: ‘This is Keystone 3’; at thinkprogress.org, Sioux Tribe Fights $3.8B Pipeline Through Ancestral Lands at law360.com, and Dakota Access Pipeline Standoff: Mni Wiconi, Water is Life at indiancountrytodaymedianetwork.com; and WHEREAS, the needs of Tribes and tribal communities are equally as important as surrounding communities and have been disregarded when identifying the pipeline route when the route was changed to avoid potential environmental concerns regarding water resources to the Page 43 of 242 BC Resolution __-__-__-_ Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe Page 2 of 2 city of Bismark while not giving the same thought and concerns to the Standing Rock Sioux Tribe and community; and WHEREAS, the Oneida Nation believes that the government-to-government relations and consultations are meant to be meaningful and result in protections of the self-governance of Tribes and the trust responsibilities the United States holds today to governments in which it has treaty relations with, see U.S. Army Corps of Engineers Tribal Consultation Policy and Related Documents (2013); and WHEREAS, based on the review of the Oneida Nation of the proposed pipeline and the activities surrounding approvals of permits and applications, the Oneida Nation believes that neither the requirements of government-to-government consultation nor the spirit of governments working together inherent in those consultation processes has been met; and NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee does hereby support the Standing Rock Sioux Tribe in opposing the issuance of permits, construction and the location of the Dakota Access Pipeline. NOW THEREFORE BE IT FURTHER RESOLVED, that the Oneida Business Committee does hereby urge the Secretary of the Interior, Sally Jewell and the Assistant Secretary, Indian Affairs, Lawrence Roberts, to take any and all steps necessary to protect the environment and water resources of the Standing Rock Sioux Tribe and community. NOW THEREFORE BE IT FINALLY RESOLVED, that the Oneida Business Committee does hereby request Commanding General and Chief of Engineers, Lieutenant General Todd T. Semonite to review this series of actions and direct that issuance of permits and any construction be halted until such time as the government-to-government consultation process can be fully implemented not only as to the processes but the inherent spirit of recognizing the sovereignty of the Standing Rock Sioux Tribe. Page 44 of 242 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 09 / 14 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: General Tribal Council Accept as Information only Action - please describe: Adopt Rules of DecorumSFTPMVUJPO and Logistic Changes for GTC Meetings 3. Supporting Materials Report X Resolution Contract Other: 1. Memo dated 9/6/16 from Tribal Secretary 3. 2. Memo dated 10/25/15 from OBC to GTC 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Lisa Liggins, Executive Assistant II Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Page 45 of 242 Oneida Nation Oneida Business Committee Secretary’s Office Internal Memorandum To: Oneida Business Committee From: Lisa Summers, Secretary Date: September 6, 2016 Re: Request to Adopt Rules of Decorum & Logistic Changes for GTC Meetings This memorandum serves as a request for the Oneida Business Committee (OBC) to invoke the emergency action1 to adopt Rules of Decorum and to support logistical changes for the next General Tribal Council (GTC) meeting. The intent of this request is to put short-term stop gap measures in place while we work to implement long-term solutions. Background At the January 4, 2016, GTC meeting, the OBC presented a request to adopt rules of decorum and put a Sergeant-at-Arms in place, having the authority to make determinations on necessary actions needed to maintain order within the designated meeting area. At the adoption of the agenda, this item was deleted. A copy of the request is attached; this provides reason(s) behind it. Additionally, as discussed for almost two (2) years now, action is needed in order to ensure the safety of participants, including staff. During the September 1, 2016, our gravest concern about public safety being breached became a reality. An altercation took place involving several individuals. According to the briefing information received by the OBC, at least two (2) bystanders were injured and required medical attention. Additionally, I am requesting support on the following logistical changes to the designated meeting area: 1. Move the registration/check-out into the meeting room(s) – as part of this change, the overflow room would be opened in conjunction with the start of registration. 2. Eliminate the designated smoking area 3. Request the Radisson to stop serving ½ hour after the posted meeting start time. (e.g. 6:00 start, 6:30 close, etc.) 1 Legislative Procedures Act, excerpt: 16.9-5. Emergency Law. The Oneida Business Committee may temporarily enact an emergency law where 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. PO Box 365 • Oneida, WI 54155-0365 oneida-nsn.gov Page 46 of 242 I am asking the proposed changed be supported so that the staff who completes logistics can begin processing the identified changes for the upcoming budget meeting on Monday, September 19, 2016. Requested Action: 1. Motion to adopt the rules of decorum resolution, including the appointment of a Sergeant-at-Arms from Security for each GTC meeting under the emergency provision of the Legislative Procedures Act (LPA) noting public safety as the reason; 2. Motion to support the requested logistical changes in the designated GTC meeting area, including moving the registration tables inside the meeting space, eliminating the smoking area and stopping Radisson food service ½ hour after the published meeting start time. Attachments: Statement of Effect Re: Resolution titled Adoption of Rules of Decorum for GTC meetings Resolution titled Adoption of Rules of Decorum for GTC meetings Memo to GTC Re: Rules of Decorum Sergeant-at-Arms dated November 25, 2015 Page 47 of 242 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Resolution: Adoption of Rules of Decorum for General Tribal Council Meetings Summary This resolution establishes Rules of Decorum which are required to be followed by all persons attending General Tribal Council (GTC) meetings. Any person who violates the Rules of Decorum may be prohibited from attending a GTC meeting, or removed from a GTC meeting and not allowed to return for the rest of the meeting. The resolution also authorizes the Oneida Business Committee (OBC) to appoint a Sergeant-at-Arms for each GTC meeting. The Sergeant-at-Arms would be responsible for enforcing the Rules of Decorum, as well as for overseeing the Security Department during the GTC meeting. The Sergeant-at-Arms (or designee) is authorized to remove persons from a GTC meeting upon discovering a violation of the Rules of Decorum, or when directed to do so by the Chairperson of the GTC meeting. Finally, this resolution is required to be presented to GTC for ratification, by no later than the July, 2017 Semi-Annual GTC meeting. Submitted by: Tani Thurner, Staff Attorney Analysis from Legislative Reference Office Over the past several years, attendance at GTC meetings has grown substantially, but little has changed as far as how meetings are conducted. In recent months, members of the Nation have brought various concerns to the office of the Nation’s Secretary regarding the actions and behavior of individuals attending GTC meetings. The OBC is also aware of a number of incidents that have occurred at recent GTC meetings. In particular, over the past two years, there have been several instances where the Chairperson has had to warn attendees that they would be removed from the meeting if they continued to be disruptive; and several instances where disruptive behavior required intervention by security staff. This resolution has been proposed for adoption by the OBC in order to address concerns about public safety, and to limit disruptiveness. The resolution establishes the following Rules of Decorum which would apply to all persons attending GTC meetings. 1. GTC meeting attendees shall treat each other with respect. 2. GTC meeting attendees shall not: (a) Use profanity. (b) Interrupt others. (c) Heckle or threaten others. (d) Disrespect property. (e) Exhibit behavior that disrupts the meeting or that endangers the safety of other attendees. (f) Be under the influence of alcohol or illegal drugs. (g) Have a weapon on their person in violation of any applicable law. (h) Take action that violates any law of the Nation. Page 48 of 242 In addition, the resolution:  Establishes how the Rules of Decorum will be enforced – persons who violate the Rules of Decorum may be prohibited from attending a GTC meeting, or removed from a GTC meeting and not allowed to return for the rest of the meeting.  Authorizes the OBC to appoint a Sergeant-at-Arms for each GTC meeting; who would be responsible for enforcing the Rules of Decorum and for overseeing the Security Department during the GTC meeting.  Authorizes the Sergeant-at-Arms (or designee) to remove persons from a GTC meeting upon discovering a violation of the Rules of Decorum, or when directed to do so by the Chairperson of the GTC meeting.  Must be ratified by GTC; the OBC must present this resolution for ratification no later than the July 2017 Semi-Annual GTC meeting. Possession of Weapons Among other things, this resolution prohibits GTC meeting attendees from having a weapon on their person in violation of any applicable law. On October 26, 2011, the OBC adopted a resolution prohibiting weapons on Tribal public property and at Tribally-sponsored events. Under that resolution, the only persons who are currently authorized to possess a weapon at a GTC meeting are individuals engaged in performing employment duties requiring them to carry a weapon. There would be no change to the existing restrictions if this current resolution is adopted. Other Laws/Policies Governing GTC Meetings There are currently two Oneida policies which set out specific requirements related to GTC meetings – the GTC Meeting Stipend Payment Policy, and the GTC Ten Day Notice Policy. However, neither these policies, nor any other Oneida laws or policies, address the conduct of persons at GTC meetings, or security at GTC meetings. The Legislative Operating Committee is currently processing a proposal for a GTC Meetings Law, which would set out various requirements relating to GTC meetings. The current draft law includes requirements which are similar to these Rules of Decorum, but since that law has not yet been adopted, this resolution is not affected. OBC Adoption on Behalf of GTC The OBC would be adopting this resolution on behalf of GTC, but would be presenting it for ratification by GTC no later than the July 2017 Semi-Annual GTC meeting. The Oneida Constitution, Art. IV, Sec. 1 sets out specific authorities for GTC, including the authority to “adopt resolutions […] regulating the procedure of [GTC] itself […]”. Although the authorities in Art. IV of the Constitution have been delegated to the OBC to carry out the day-to-day governmental functions of the Nation; there is potential inconsistency between 1) this resolution, which would be adopted by the OBC; and 2) the Constitution, which only specifically delegates authority to General Tribal Council to adopt resolutions regulating the procedure of GTC itself. However, once this resolution is ratified by GTC, there would no longer be any inconsistency, because ratification would reflect GTC adoption of the resolution. Page 2 of 3 Page 49 of 242 Conclusion The only potential inconsistency between this law and another Oneida law will be resolved by GTC ratification of this resolution. Otherwise, this resolution does not conflict with any of the Nation’s laws. Page 3 of 3 A good mind. A good heart. A strong fire. ~ ONEIDA Page 50 of 242 Oneida Nation Post Office Box 365 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # __-__-__-_ Adoption of Rules of Decorum for General Tribal Council Meetings 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, in recent years, attendance at General Tribal Council (GTC) meetings has increased considerably, making it more of a challenge to conduct an orderly and efficient meeting; and WHEREAS, individual members of the Oneida Nation have brought concerns to the Oneida Nation Secretary’s Office about disruptive, disrespectful, and/or potentially dangerous behavior and actions of other attendees; and WHEREAS, over the past two (2) years, there have been numerous situations where it was necessary for the Chairperson to warn meeting attendees that continued disruptive behavior would result in their removal from the meeting, and WHEREAS, over the past two (2) years, there have been numerous situations where it became necessary for Oneida Police Department personnel and/or security staff to intervene when there was disruptive behavior among attendees; and WHEREAS, it is necessary to establish basic expectations of behavior for all attendees, and protocol for addressing inappropriate behavior; in order to protect the safety and welfare of the membership, and to ensure that GTC meetings are conducted in an orderly manner; and NOW THEREFORE BE IT RESOLVED, on behalf of General Tribal Council, the Oneida Business Committee hereby adopts the following Rules of Decorum, which shall be adhered to by all persons in attendance at any GTC meeting: 1. GTC meeting attendees shall treat each other with respect. 2. GTC meeting attendees shall not: a) Use profanity. b) Interrupt others. c) Heckle or threaten others. d) Disrespect property. e) Exhibit behavior that disrupts the meeting or that endangers the safety of other attendees. f) Be under the influence of alcohol or illegal drugs. g) Have a weapon on their person in violation of any applicable law. h) Take action that violates any law of the Nation. Page 51 of 242 BC Resolution # __-__-__-_ Adoption of Rules of Decorum for General Tribal Council Meetings Page 2 of 2 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 BE IT FURTHER RESOLVED, that for each GTC meeting, the Oneida Business Committee shall appoint the appropriate Internal Security Department staff member to serve as Sergeant-at-Arms for that meeting. BE IT FURTHER RESOLVED, that the Sergeant-at-Arms shall be responsible for overseeing the Security Department during the meeting, and for enforcing the Rules of Decorum. BE IT FURTHER RESOLVED, that any GTC meeting attendee who violates the Rules of Decorum may be prohibited from attending a GTC meeting, or may be removed from a GTC meeting by the Sergeant-atArms or designee, upon discovery of the violation or at the direction of the Chairperson of the meeting. BE IT FURTHER RESOLVED, that any individual removed from a GTC meeting shall not be allowed to return for the duration of the meeting. BE IT FINALLY RESOLVED, that the Oneida Business Committee shall present this resolution to General Tribal Council for ratification by no later than the July 2017 Semi-Annual GTC meeting. Page 52 of 242 Memorandum To: General Tribal Council From: Oneida Business Committee Date: November 25, 2015 Re: Rules of Decorum; Appoint Sergeant-at-Arms and Exiting The purpose of this memorandum is to provide you with information regarding the agenda item entitled “Rules of Decorum and Appoint Sergeant-at-Arms”. Background Since taking office just over a year ago, the Oneida Business Committee (OBC) has taken the time to review logistical concerns after each General Tribal Council (GTC) meeting. In our work session known as “GTC debrief” meetings; we worked to obtain feedback and corrective solutions to concerns raised by our staff, Security, Enrollment and Emergency Management staff, as well as Election Board members. This past year we have reviewed concerns during each of these debrief meetings which include, but are not limited to:  Alcohol / illegal substance use during GTC meetings,  Crowd management / flow,  Pushing and shoving during exiting,  Designated smoking area, Page 1 of 3 Page 53 of 242  Decorum in the main and overflow rooms, and most importantly  General safety and welfare of all tribal members We understand there may be some concerns which arise at every meeting such as room temperature and we will address these types of issues as they come up; however, the OBC has taken the time to map out ways to address the main issues. In doing so, we are seeking your support as we implement the provided solutions. Requested action 1. Keeping in line with the Oneida principle of Kalihwi=y%1, we are looking to General Tribal Council to adopt the following rules of decorum:  General Tribal Council meeting attendees are expected to treat each other with respect. In addition, General Tribal Council meeting attendees shall not: (1) Use profanity, interrupt others, heckle or threaten people, disrespect property or exhibit behavior that disrupts the meeting or endangers the safety of other attendees. (2) Be under the influence of alcohol or illegal drugs. (3) Have a weapon on their person in violation of any applicable law. (4) Take action that violates Tribal law. 2. In addition to the identified “Rules of Decorum,” we have presented here, we are also seeking General Tribal Council support to appointment of a Sergeant-at-Arms for each meeting. The scope of the Sergeant-at-Arms duty will be:  To oversee the Security Department during General Tribal Council meetings.  To enforce the Rules of Decorum. (1) General Tribal Council meeting attendee who violates the Rules of Decorum may be prohibited from attending a General Tribal Council meeting or may be removed from a General Tribal Council meeting by the Sergeant-atArms, or designee, upon discovery of a violation or at the direction of the Chairperson of the meeting. (2) An individual removed from a General Tribal Council meeting shall not be allowed to return for the duration of the meeting. 1 The use of the good words about ourselves, our Nation, and our future. Page 2 of 3 Page 54 of 242  The Sergeant-at-Arms shall be the appropriate Internal Security Department staff member assigned to work the GTC meeting 3. Lastly, the OBC is asking GTC meeting participants to honor the exiting flow identified on page iii of this packet. This cooperative effort will assist security and the workers at the checkout tables.  We ask GTC participants to be patient during the exiting procedures and be careful not to push or shove other participants to avoid injuries and conflict.  In the main room (3 Clans), we ask you exit through the door(s) according to the respective Sections (1-6) flow of arrows, out each door identified.  For those seated in the overflow room (Iroquois South), we ask you exit according to the instructions provided by the lead staff person in this room. Suggested GTC Motion(s) 1) Motion to adopt the Rules of Decorum as presented, 2) Motion to appoint the appropriate Internal Security Department staff member as Sergeant-at-Arms, and 3) Motion to honor the exiting flow identified in the packet on page iii. Page 3 of 3 Page 55 of 242 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 09 / 14 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Appointments Accept as Information only Action - please describe: Enter E-Poll results into the record for the approved request to support the nomination of Debra Danforth to the National Institutes of Health's Tribal Consultation Advisory Committee 3. Supporting Materials Report Resolution Contract Other: 1. Emails with E-Poll results and request 3. 2. Agenda Request for E-Poll 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Submitted by: Heather Heuer, Info. Mgmt. Specialist/BC Support Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Melinda J. Danforth, Tribal Vice-Chairwoman Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Page 56 of 242 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: ***BACKGROUND*** On, Tuesday, August 23, 2016, at 2:07 p.m., the following E-Poll was conducted: SUMMARY: Vice͈Chairwoman, Melinda J. Danforth, respectfully requests the Oneida Business Committee’s support in the nomination of Debra Danforth to the National Institutes of Health’s Tribal Consultation Advisory Committee. At this time, Vice͈Chairwoman Danforth is the alternate to the Bemidji area delegate and has expressed that it would be advantageous for the Oneida Nation to be represented on this advisory committee as a full͈time representative. The deadline to submit completed nomination materials is Friday, August 26, 2016. Thus, an E͈Poll is being requested. REQUESTED ACTION: Approve request to support the nomination of Debra Danforth to the National Institutes of Health’s Tribal Consultation Advisory Committee. DEADLINE FOR RESPONSE: Responses are due no later than 4:30 p.m. on Wednesday, August 24, 2016. As of the deadline on, Wednesday August 24, 2016, at 4:30 p.m., the following are the E-Poll results: Support: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster ***REQUESTED ACTION*** Enter E-Poll results into the record for the approved request to support the nomination of Debra Danforth to the National Institutes of Health's Tribal Consultation Advisory Committee 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 Page 57 of 242 Heather M. Heuer From: Sent: To: Subject: Attachments: TribalSecretary Wednesday, August 24, 2016 5:02 PM Brandon L. Yellowbird-Stevens; Cristina S. Danforth; David P. Jordan; Fawn J. Billie; Jennifer A. Webster; Lisa M. Summers; Melinda J. Danforth; Patricia M. King; Ronald W. Hill TribalSecretary; BC_Agenda_Requests; Brian A. Doxtator; Cathy L. Bachhuber; Danelle A. Wilson; Dawn M. Moon-Kopetsky; Jessica L. Wallenfang; Leyne C. Orosco; Lisa A. Liggins; Lora L. Skenandore; Rhiannon R. Metoxen E-POLL RESULTS: Nomination of Debra Danforth (NIH-TCAC) 08-23-16 epoll request NIH nomination of D Danforth (002).pdf Importance: High Categories: Next Meeting Cc: E‐POLL RESULTS The E‐Poll request to support the nomination of Debra Danforth to the National Institutes of Health’s Tribal Advisory Consultation Advisory Committee is approved. Below are the results: Support: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Heather Heuer Information Management Specialist Business Committee Support Office (BCSO) office 920.869.4421 cell 920.471.5002 fax 920.869.4040 From: TribalSecretary Sent: Tuesday, August 23, 2016 2:07 PM To: Brandon L. Yellowbird‐Stevens ; Cristina S. Danforth ; David P. Jordan ; Fawn J. Billie ; Jennifer A. Webster ; Lisa M. Summers ; Melinda J. Danforth ; Patricia M. King ; Ronald W. Hill Cc: Brian A. Doxtator ; Cathy L. Bachhuber ; Danelle A. Wilson ; Dawn M. Moon‐Kopetsky ; Jessica L. Wallenfang ; Leyne C. Orosco ; Lisa A. Liggins ; Lora L. Skenandore ; Rhiannon R. Metoxen 1 Page 58 of 242 Subject: E‐POLL REQUEST: Nomination of Debra Danforth (NIH‐TCAC) Importance: High E‐POLL REQUEST Summary: Vice‐Chairwoman, Melinda J. Danforth, respectfully requests the Oneida Business Committee’s support in the nomination of Debra Danforth to the National Institutes of Health’s Tribal Advisory Consultation Advisory Committee. At this time, Vice‐Chairwoman Danforth is the alternate to the Bemidji area delegate and has expressed that it would be advantageous for the Oneida Nation to be represented on this advisory committee as a full‐time representative. The deadline to submit completed nomination materials is Friday, August 26, 2016. Thus, an E‐Poll is being requested. Requested Action: Approve request to support the nomination of Debra Danforth to the National Institutes of Health’s Tribal Advisory Consultation Advisory Committee. Deadline for response: Responses are due no later than 4:30 p.m. on Wednesday, August 24, 2016. Voting: 1. Use the voting button above, if available; OR 2. Reply with “support” or “oppose” Heather Heuer Information Management Specialist Business Committee Support Office (BCSO) office 920.869.4421 cell 920.471.5002 fax 920.869.4040 2 Page 59 of 242 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 08 / 23 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Appointments Accept as Information only Action - please describe: Requesting the Oneida Business Committee to approve nominating Debra Danforth to the National Institutes's of Health Tribal Consultation Advisory Committee. Deadline: August 26, 2016 3. Supporting Materials Report Resolution Contract Other: 1. NIH Call for Nominations Letter 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Melinda J. Danforth, Tribal Vice Chairwoman Primary Requestor/Submitter: Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Page 60 of 242 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: I am respectfully requesting the Oneida Business Committee's support to the nominate Debra Danforth to the National Institutes's of Health Tribal Consultation Advisory Committee. Deadline to submit nominations is August 26, 2016. 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 Page 61 of 242 .····~ t-.::~'f.. DEPARTMENT OF HEALTH &. HUMAN SERVICES Public Health Service National Institutes of Health Bethesda, Maryland 20892 July 20, 2016 Dear Tribal Leader: The National Institutes of Health's (NIH) Tribal Consultation Advisory Committee (ICAC) currently has vacancies for membership. I would like to solicit your recommendation for nominations to serve on this committee for the areas that have an open seat. The NIH TCAC was established in 2015 to provide a venue wherein tribal representatives and NIH staff can exchange information about NIH research policies and program priorities. As an advisory committee, the NIH TCAC provides recommendations on the development of relevant NIH policies, programs, and priorities. The NIH TCAC's tribal representation is comprised of seventeen positions: one delegate (and one alternate) from each of the twelve Indian Health Service (IHS) areas and one delegate (and one alternate) for five National At-Large Member positions. We will be conc [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%3A5ad0ac61592ff777. Public record. Not legal advice.