Phone: (920)869-2214 (2017)

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Meeting Materials February 8, 2017

Open Session

CERTIFICATION

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

the following 304 pages are the Open Session meeting materials presented at a meeting

duly called, noticed and held on the 8th day of February, 2017.

____________________________

Lisa Summers, Tribal Secretary

Oneida Business Committee

Open Packet

Page 1 of 296

Oneida Business Committee

Executive Session

8:30 a.m. Tuesday, February 7, 2017

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 a.m. Wednesday, February 8, 2017

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

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

I. CALL TO ORDER AND ROLL CALL

II. OPENING

A. Special Recognition of Retirement and Years of Service – Don Denny

Sponsor:

p. 6

Michele Doxtator, Area Manager/Retail Profits

III. ADOPT THE AGENDA

pp. 1-5

IV. MINUTES

A. Approve January 25, 2017, regular meeting minutes

Sponsor:

B. Approve January 26, 2017, FY ’17 1st quarter reports meeting minutes

Sponsor:

pp. 7-29

Lisa Summers, Tribal Secretary

pp. 30-38

Lisa Summers, Tribal Secretary

V. RESOLUTIONS

A. Adopt resolution entitled Real Property Law Amendments

Sponsor:

B. Adopt resolution entitled Conflict of Interest Amendments

Sponsor:

pp. 39-60

Brandon Stevens, Councilman/Legislative Operating Committee Chair

pp. 61-91

Brandon Stevens, Councilman/Legislative Operating Committee Chair

C. Adopt resolution entitled Adoption of the Budget Management and Control Law

Amendments

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

D. Adopt resolution entitled Eviction and Termination Rules Extension

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

Oneida Business Committee Regular Meeting Agenda of February 8, 2017

Page 1 of 5

pp. 92-115

pp. 116-119

Open Packet

Page 2 of 296

E. Adopt resolution entitled Landlord-Tenant Rules Extension

Sponsor:

pp. 120-132

Brandon Stevens, Councilman/Legislative Operating Committee Chair

VI. STANDING COMMITTEES

A. Legislative Operating Committee

Chair: Brandon Stevens, Councilman

1. Accept January 18, 2017, Legislative Operating Committee meeting minutes

pp. 133-136

B. Finance Committee

Chair: Trish King, Tribal Treasurer

1. Approve January 30, 2017, Finance Committee meeting minutes

pp. 137-142

VII. APPOINTMENTS

A. Approve recommendation to appoint Sandra Reveles to the Oneida Personnel

Commission

Sponsor:

pp. 143-144

Tina Danforth, Tribal Chairwoman

B. Approve recommendation to appoint Kory Wesaw to the Oneida Police Commission

Sponsor:

pp. 145-146

Tina Danforth, Tribal Chairwoman

C. Approve recommendation to appoint Lloyd Ninham and Kathryn LaRoque to the

Southeastern Oneida Tribal Services Advisory Board

Sponsor:

Tina Danforth, Tribal Chairwoman

pp. 147-148

D. Approve recommendation to appoint Loretta Metoxen to the Oneida Land Claims

Commission

Sponsor:

pp. 149-150

Tina Danforth, Tribal Chairwoman

VIII. NEW BUSINESS

A. Approve 2017 Amended Oneida Trust Enrollment Committee Oneida Business

Committee Memorandum of Agreement (OTEC/OBC - MOA) – contract # 2017-0085

Sponsor:

Brandon Stevens, Councilman

pp. 151-176

B. Approve draft letter of support to be sent to the Acting Attorney General from the OBC

for the Twahwatshi’lay^ project

Sponsor:

Fawn Billie, Councilwoman

pp. 177-180

C. Post one (1) vacancy on the Southeastern Oneida Tribal Services Advisory Board with

term expiration of November 12, 2017

Sponsor:

Lisa Summers, Tribal Secretary

pp. 181-182

D. Accept memorandum from Oneida Election Board regarding representation during

quarterly report meetings

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

Oneida Business Committee Regular Meeting Agenda of February 8, 2017

Page 2 of 5

pp. 183-185

Open Packet

Page 3 of 296

IX. TRAVEL

A. TRAVEL REQUESTS

1. Approve travel request – Chairwoman Tina Danforth, Treasurer Trish King, and

Councilman David Jordan – 35th Annual Native American Finance Officers Association

conference – San Francisco, CA – April 23-26, 2017

pp. 186-187

2. Approve travel request – Up to two (2) Business Committee members – 31st Annual

Wisconsin Indian Education Association conference – Minocqua, WI – May 11-14, 2017 pp. 188-190

B. E-POLLS

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 in accordance with Travel & Expense Policy – Eight (8)

Oneida Nation Veterans Affairs Committee members & one (1) Veterans Service

Officer – 72nd Anniversary of Iwo Jima Flag Raising Ceremony – Phoenix, AZ –

February 23-26, 2017

Requestor:

Mike Hill, Chair/Oneida Nation Veterans Affairs Committee

Liaison:

Jennifer Webster, Councilwoman

pp. 191-201

b. Approved travel request – Councilwoman Jennifer Webster – Medicare, Medicaid,

and Health Policy Subcommittee (MMPC) & Tribal Technical Advisory Group

(TTAG) meetings – Washington D.C. – February 27-March 1, 2017

pp. 202-208

Requestor:

Jennifer Webster, Councilwoman

X. OPERATIONAL REPORTS (Please Note: Scheduled time slots are approximate and subject to

change)

A. Accept Environmental Health & Safety FY ’17 1st quarter report (1:30 p.m.-1:50 p.m.)

Sponsor:

B. Accept Division of Land Management FY ’17 1st quarter report (1:50 p.m.-2:10 p.m.)

Sponsor:

pp.245-257

Joanie Buckley, Division Director/Internal Services

F. Accept Retail Enterprise FY ’17 1st quarter report (3:10 p.m.-3:30 p.m.)

Sponsor:

pp. 230-244

Geraldine Danforth, Area Manager/Human Resources Department

E. Accept Internal Services Division FY ’17 1st quarter report (2:50 p.m.-3:10 p.m.)

Sponsor:

pp. 222-229

Dale Wheelock, Executive Director/Oneida Housing Authority

D. Accept Human Resources Department FY ’17 1st quarter report (2:30 p.m.-2:50 p.m.)

Sponsor:

pp. 218-221

Patrick Pelky, Division Director/Land Management

C. Accept Oneida Housing Authority FY ’17 1st quarter report (2:10 p.m.-2:30 p.m.)

Sponsor:

pp. 209-217

Patrick Pelky, Division Director/Environmental Health & Safety

Michele Doxtator, Area Manager/Retail Profits

Oneida Business Committee Regular Meeting Agenda of February 8, 2017

Page 3 of 5

pp. 258-281

Open Packet

Page 4 of 296

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

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

A. Accept update on creation of GTC Legal Resource Center; and approve job descriptions

for advising attorney and advocates positions

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

pp. 282-288

B. Schedule special GTC FY 2018 Budget meeting on Sunday, September 17, 2017, at 1:00

p.m.

Sponsor:

pp. 289-296

Lisa Summers, Tribal Secretary

XII. EXECUTIVE SESSION (Please Note: Scheduled time slots are approximate and subject to

change)

A. REPORTS

1. Accept Retail Enterprise FY ’17 1st quarter report – Michele Doxtator, Retail Profits Area

Manager (This item is scheduled to begin at 8:30 a.m.)

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

pp. 297-335

p. 336

B. STANDING ITEMS

1. Land Claims Strategy (No Requested Action)

C. UNFINISHED BUSINESS

1. Accept final report and close-out complaint # 2016-DR11-01

pp. 337-338

Sponsors: Trish King, Tribal Treasurer; Jennifer Webster, Councilwoman; Lisa Summers,

Tribal Secretary

EXCERPT FROM JANUARY 25, 2017: Motion by Melinda J. Danforth to accept the verbal

update provided regarding complaint # 2016-DR11-01, noting the final written findings will be

brought back to the February 8, 2017, regular Business Committee meeting, seconded by

David Jordan. Motion carried unanimously.

EXCERPT FROM NOVEMBER 23, 2016: Motion by Jennifer Webster to deem complaint #

2016-DR11-01 as having merit; and to assign Treasurer Trish King, Councilwoman Jennifer

Webster, and Secretary Lisa Summers to investigate the complaint, seconded by David

Jordan. Motion carried unanimously.

2. Accept final report and close-out complaint # 2016-DR14-01

Sponsors: Trish King, Tribal Treasurer; Jennifer Webster, Councilwoman; Lisa Summers,

Tribal Secretary

EXCERPT FROM JANUARY 25, 2017: Motion by Melinda J. Danforth to accept the verbal

update provided regarding complaint # 2016-DR14-01, noting the final written findings will be

brought back to the February 8, 2017, regular Business Committee meeting, seconded by Lisa

Summers. Motion carried unanimously.

EXCERPT FROM NOVEMBER 23, 2016: Motion by Jennifer Webster to deem complaint #

2016-DR14-01 as having merit; and to assign Treasurer Trish King, Councilwoman Jennifer

Webster, and Secretary Lisa Summers to investigate the complaint, seconded by David

Jordan. Motion carried unanimously.

Oneida Business Committee Regular Meeting Agenda of February 8, 2017

Page 4 of 5

pp. 339-340

Open Packet

Page 5 of 296

3. Determine next steps regarding Culture & Language reorganization (This item is

scheduled to begin at 11:00 a.m.)

Sponsor: Lisa Summers, Tribal Secretary

pp. 341-342

EXCERPT FROM JANUARY 25, 2017: Motion by David Jordan to defer this item to the

February 8, 2017, regular Business Committee meeting, seconded by Lisa Summers. Motion

carried unanimously.

4. Accept executive session information regarding Oneida Personnel Commission FY ’17

1st quarter report (Not Submitted) (This item is scheduled to begin at 10:30 a.m.)

Chair:

Yvonne Jourdan

Liaison Alternate: David Jordan, Councilman

EXCERPT FROM JANUARY 26, 2017: Motion by Trish King to defer this item back to the

Oneida Personnel Commission to separate out the issues as discussed so we can address the

Personnel Commission issues in executive session on February 7, 2017; and to defer the FY

’17 1st quarter report to the next quarterly reports Business Committee meeting on April 27,

2017, seconded by Lisa Summers. Motion carried unanimously.

D. NEW BUSINESS

1. Accept verbal update regarding Environmental Protection Agency programming and

funding (This item is scheduled to begin at 9:00 a.m.)

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

2. Approve interim reassignment for Development Division (9:30 a.m.-10:15 a.m.)

Sponsor:

p. 343

pp. 344-347

Troy Parr, Assistant Division Director/Development

3. Approve procedural exception to acquisition limit of $150,000 for single purchase

pp. 348-352

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

Sponsor: Dale Wheelock, Executive Director/Oneida Housing Authority

4. Approve Dun & Bradstreet Inc. – contract # 2017-0003

Chair:

Liaison:

5. Adopt resolution entitled Regarding Pardon of Richard Dickenson

Sponsor:

pp. 365-367

Lisa Summers, Tribal Secretary

6. Adopt resolution entitled Regarding Pardon of Seagram Stevens

Sponsor:

pp. 353-364

Mark A. Powless Sr., Oneida Gaming Commission

Brandon Stevens, Councilman

pp. 368-370

Lisa Summers, Tribal Secretary

XIII. ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:15 p.m., Friday, February 3, 2017, 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) 2362214.

Oneida Business Committee Regular Meeting Agenda of February 8, 2017

Page 5 of 5

Open Packet

Page 6 of 296

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

1 / 11 / 17 2 / 8 / 17

=============

2. General Information:

Session:

Open

Agenda Header:

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

Announcement/Recognition

Accept as Information only

Action - please describe:

Recognition of Don Denny's years of service as he retires from Oneida Retail. Don's last day was on

December 30th.

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:

Michele Doxtator, Area Manager/Retail Profits

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

Open Packet

Page 7 of 296

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

02 / 08 / 17

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 January 25, 2017, regular meeting minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. January 25, 2017, regular meeting minutes

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

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Page 8 of 296

DRAFT

Oneida Business Committee

Executive Session

8:30 a.m. Tuesday, January 24, 2017

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 a.m. Wednesday, January 25, 2017

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes - DRAFT

EXECUTIVE SESSION

Present: Chairwoman Tina Danforth (departs at 3:23 p.m.), Vice-Chairwoman Melinda J. Danforth,

Treasurer Trish King, Secretary Lisa Summers, Council members: Tehassi Hill, David Jordan, Brandon

Stevens, Jennifer Webster;

Not Present: Councilwoman Fawn Billie (excused);

Arrived at: ;

Others present: Janice Hirth‐Skenandore, Josh Doxtator, Jeff Bowman, Jackie Zalim, Pete King III,

Louise Cornelius, Nathan King, JoAnne House, Joanie Buckley, Larry Barton, Steve Ninham, Mary Shaw,

Jeff House, Jacque Zalim, Rich VanBoxtel, Tamara VanSchyndel, Josie Skenandore, Janice Jourdan,

Dave Cluckey, Mark A. Powless Sr., James Sommerfeldt, Matt Denny, David Deleon, Michele Doxtator,

Krystal John;

REGULAR MEETING

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

members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster;

Not Present: Councilwoman Fawn Billie;

Arrived at: Chairwoman Tina Danforth at 8:32 a.m.;

Others present: Jo Anne House, Pat Pelky, Joanie Buckley, Cheryl Stevens, Janice Hirth-Skenandore,

Josh Doxtator, Geraldine Danforth, Kelly McAnally, Michael Troge, Jacque Boyle, Madelyn Genskow,

Michael Debraska, Nancy Barton, Brad Graham, Bill Graham, Liz Somers, Debra Powless, Bonnie

Pigman, Larry Barton, Heather Heuer, Jessica Wallenfang, Michele Doxtator, Troy Parr, James Petitjean,

Christina Bluebird, Barb Erickson, Tom Danforth, RaLinda Ninham-Lamberies, Tom Danforth, Stephanie

Metoxen, Michele Doxtator, Barb Dickson, Richard Elm-Hill, Louis Williams, Edmund Baumgart, Melinda

K. Danforth, Donald Wilson, Alvira Close, Teresa Kaquatosh, Michael Finney, Lynn Wautier, Christopher

Powless, Mary Ann Peters, Stephanie Skenandore, Terry Metoxen, Kim Laluzerne, Anita Barber, Lori

Elm, Michelle Braaten;

I. CALL TO ORDER AND ROLL CALL BY Vice-Chairwoman Melinda J. Danforth at 8:31 a.m.

Chairwoman Tina Danforth arrives at 8:32 a.m. and assumes responsibility of the Chair.

Condolences expressed on behalf of the Oneida Nation and Oneida Business Committee for the families

of Elias Ubaldo Gonzales, Carol Metoxen, Robert McKindle, and Jamie Spencer; and families who have

lost loved ones over the course of the last couple of weeks.

For the record:

Councilwoman Fawn Billie is away on approved travel attending the

Tribal Law & Order Action Training in Columbia, South Carolina.

Oneida Business Committee Regular Meeting Minutes – DRAFT of January 25, 2017

Page 1 of 22

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DRAFT

II. OPENING by Councilman Tehassi Hill

A. Presentation of Wisconsin Public Service Foundation $5,000 award and WE Energies

$5,000 award to Oneida Youth Leadership (78-71) program to assist with Junior Golf Clinic-LPGA

Sponsor:

Trish King, Tribal Treasurer

Janice Hirth-Skenandore acknowledges Kelly McAnally and Josh Doxtator for their efforts with the LPGA

Thornberry Creek Classic event; and presents awards to, and on behalf of the Oneida Youth Leadership

(78-71) program are received by, Joanie Buckley, Internal Services Division Director and Cheryl Stevens,

Grants Department Manager.

B. Special Recognition for Retirement and Years of Service – Don Denny (Not Present)

Sponsor:

Michele Doxtator, Area Manager/Retail Profits

Secretary Lisa Summers departs at 8:59 a.m.

Secretary Lisa Summers returns at 9:03 a.m.

Councilman David Jordan departs at 9:03 a.m.

Councilman Tehassi Hill departs at 9:05 a.m.

Chairwoman Tina Danforth departs at 9:06 a.m.

Secretary Lisa Summers and Treasurer Trish King depart at 9:07 a.m.

Councilman David Jordan returns at 9:06 a.m.

Chairwoman Tina Danforth returns at 9:09 a.m.

Secretary Lisa Summers and Treasurer Trish King return at 9:10 a.m.

C. Special Recognition for years of service – Twenty (20) Oneida Nation employees

Sponsor:

Geraldine Danforth, Area Manager/Human Resources Department

Special recognition by Joanie Buckley of Chris Powless (30 years); Special recognition by Pat Pelky of

Terry Metoxen (30 years); Special recognition by Jacque Boyle of Edmund Baumgart (25 years); Special

recognition by Pat Pelky of Michael Finney (25 years); Special recognition by Geraldine Danforth of Lynn

Wautier (25 years); Special recognition by Geraldine Danforth of Teresa Kaquatosh (25 years); Special

recognition by Lori Elm of Stephanie Skenandore (30 years); Special recognition by Anita Barber of Louis

Williams (25 years); Special recognition by Kim Laluzerne of Donald Wilson (25 years); Special

recognition by Michelle Braaten of Mary Ann Peters (30 years); Special recognition by Michelle Braaten of

Alvira Close (25 years); and Special recognition by Geraldine Danforth of Melinda K. Danforth (25 years).

Recognition by Geraldine Danforth of the following individuals who were not present: Allen Michaelson for

30 years of service, Karen Melchert for 30 years of service, Nichole Napier for 25 years of service, Leroy

Skenandore for 25 years of service, Carie King for 25 years of service, Diana Hernandez for 25 years of

service, Ingrid King for 25 years of service, Clinton Skenandore for 25 years of service, David Paluch for

25 years of service, April King for 25 years of service, Lawrence Schoen for 25 years of service, and Paul

Danforth for 25 years of service.

III. ADOPT THE AGENDA (00:38:12)

Motion by David Jordan to adopt the agenda with the following change: [Add Executive Session – New

Business item “XI.E.07. Accept update regarding strategic land purchase”], seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Tehassi Hill

Oneida Business Committee Regular Meeting Minutes – DRAFT of January 25, 2017

Page 2 of 22

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DRAFT

IV. MINUTES (00:39:05)

A. Approve January 11, 2017, regular and January 13, 2017, reconvened meeting minutes

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Melinda J. Danforth to approve the January 11, 2017, regular and January 13, 2017,

reconvened meeting minutes, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Melinda J. Danforth, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Tehassi Hill

V. RESOLUTIONS

A. Adopt resolution entitled Extending the Appointment of Agent for Oneida Seven

Generations Corporation Until Such Time as Dissolution is Completed (00:39:43)

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to adopt resolution # 01-25-17-A Extending the Appointment of Agent for

Oneida Seven Generations Corporation Until Such Time as Dissolution is Completed, seconded by

Jennifer Webster. Motion carried unanimously:

Ayes:

Melinda J. Danforth, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Tehassi Hill

B. Adopt resolution entitled Tobacco Law Amendments (00:40:35)

Sponsor:

Brandon Stevens, Councilman/Chair of Legislative Operating Committee

Motion by David Jordan to adopt resolution # 01-25-17-B Tobacco Law Amendments, seconded by Lisa

Summers. Motion carried with one opposed:

Ayes:

David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer

Webster

Opposed:

Melinda J. Danforth

Not Present:

Fawn Billie, Tehassi Hill

For the record:

Secretary Lisa Summers stated I also struggled with this. I’m going to

support it, but for the record I need to state the reasons why I’m

supporting it. I agree with a lot of what the Vice-Chairwoman has stated

here. However, we know from a strategic perspective there are things

coming down the road that we need to be prepared for and this allows us

at least one more tool in order to get there. I think the other thing that is

important to note is that indian preference still applies in the hiring

process. So that regardless of this change, indian preference still

happens so meaning Oneidas will be selected first in that process. I think

that’s something important to note and believe I have that accurate,

correct? Okay. I just need to also include that and put that out there for

my own purposes. Thank you.

For the record:

Chairwoman Tina Danforth stated I think it needs to be noted that indian

preference still applies regardless of these amendments and that we are

to encourage tribal members to be employed which includes the 16 year

olds.

Oneida Business Committee Regular Meeting Minutes – DRAFT of January 25, 2017

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C. Adopt resolution entitled Landlord-Tenant Law Emergency Amendments (00:44:53)

Sponsor:

Brandon Stevens, Councilman/Chair of Legislative Operating Committee

Motion by Brandon Stevens to adopt resolution # 01-25-17-C Landlord-Tenant Law Emergency

Amendments, seconded by Melinda J. Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Tehassi Hill

D. Adopt resolution entitled Hunting, Fishing, and Trapping Amendments (00:49:10)

Sponsor:

Brandon Stevens, Councilman/Chair of Legislative Operating Committee

Motion by Jennifer Webster to adopt resolution # 01-25-17-D Hunting, Fishing, and Trapping

Amendments, seconded by David Jordan. Motion carried unanimously:

Ayes:

Melinda J. Danforth, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Tehassi Hill

Treasurer Trish King departs at 9:57 a.m.

Treasurer Trish King returns at 10:03 a.m.

E. Adopt resolution entitled Per Capita Amendments (1:02:43)

Sponsor:

Brandon Stevens, Councilman/Chair of Legislative Operating Committee

Motion by David Jordan to adopt resolution entitled Per Capita Amendments, seconded by Brandon

Stevens. Motion failed with Chairwoman Tina Danforth voting in opposition breaking the tie:

Ayes:

David Jordan, Trish King, Brandon Stevens

Opposed:

Melinda J. Danforth, Lisa Summers, Jennifer Webster

Opposed tie breaker:

Tina Danforth

Not Present:

Fawn Billie, Tehassi Hill

Motion by Lisa Summers for this item to be deferred to the February 14, 2017, Business Committee work

meeting; and to be brought back to the February 22, 2017, regular Business Committee meeting,

seconded by Jennifer Webster. Motion carried unanimously: (1:37:00)

Ayes:

Melinda J. Danforth, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Tehassi Hill

VI. STANDING COMMITTEES

A. Legislative Operating Committee

Chair: Brandon Stevens, Councilman

1. Accept December 21, 2016, Legislative Operating Committee meeting minutes

(1:39:58)

Motion by Melinda J. Danforth to accept the December 21, 2016, Legislative Operating Committee

meeting minutes, seconded by Brandon Stevens. Motion carried unanimously:

Ayes:

Melinda J. Danforth, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Tehassi Hill

Oneida Business Committee Regular Meeting Minutes – DRAFT of January 25, 2017

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DRAFT

2. Accept January 4, 2017, Legislative Operating Committee meeting minutes (1:40:26)

Motion by Jennifer Webster to accept the January 4, 2017, Legislative Operating Committee meeting

minutes, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Melinda J. Danforth, David Jordan, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Tehassi Hill

Councilman Tehassi Hill returns at 10:16 a.m.

Vice-Chairwoman Melinda J. Danforth departs at 10:19 a.m.

3. Review Division of Land Management & Oneida Land Commission rules regarding

Foreclosure Law; Landlord-Tenant Law; and Real Property Law (1:40:50)

Motion by Lisa Summers to accept the Division of Land Management & Oneida Land Commission rules

regarding Foreclosure Law; Landlord-Tenant Law; and Real Property Law; with the understanding that

the language of ‘maximum term’ will be included in section 1.7-3 for terms, seconded by Trish King.

Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Melinda J. Danforth, Fawn Billie

B. Finance Committee

Chair: Trish King, Tribal Treasurer

1. Approve January 16, 2017, Finance Committee meeting minutes (1:58:20)

Motion by Lisa Summers to approve the January 16, 2017, Finance Committee meeting minutes,

seconded by Trish King. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Melinda J. Danforth, Fawn Billie

Vice-Chairwoman Melinda J. Danforth returns at 10:39 a.m.

C. Community Development Planning Committee

Chair: Melinda J. Danforth, Tribal Vice-Chairwoman

1. Accept Community Development Planning Committee FY ’16 4th quarter report (2:15:30)

EXCERPT FROM JANUARY 11, 2017: Motion by Fawn Billie to defer the Community

Development Planning Committee FY ’16 4th quarter report to the January 25, 2017, regular

Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously.

EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.

Motion by Lisa Summers to accept the Community Development Planning Committee FY ’16 4th quarter

report, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Brandon

Stevens, Lisa Summers, Jennifer Webster

Not Present:

Fawn Billie

Oneida Business Committee Regular Meeting Minutes – DRAFT of January 25, 2017

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D. Quality of Life Committee

Chair: Fawn Billie, Councilwoman

Chairwoman Tina Danforth departs at 11:18 a.m. and Vice-Chairwoman Melinda J. Danforth assumes

responsibility of the Chair.

1. Accept December 8, 2016, Quality of Life Committee meeting minutes (2:33:12)

Motion by Lisa Summers to accept the December 8, 2016, Quality of Life Committee meeting minutes,

seconded by Tehassi Hill. Motion carried unanimously:

Secretary Lisa Summers departs at 11:16 a.m. before voting occurs.

Ayes:

Not Present:

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

Webster

Tina Danforth, Fawn Billie, Lisa Summers

VII. NEW BUSINESS

Secretary Lisa Summers returns at 11:24 a.m.

A. Approve Memorandum of Agreement – Oneida Nation and U.S. Environmental Protection

Agency – Toxic Release Inventory (TRI) Data Exchange – contract # 2017-0001 (2:51:34)

Sponsor:

Patrick Pelky, Division Director/Environmental Health & Safety

Motion by Jennifer Webster to approve the Memorandum of Agreement – Oneida Nation and U.S.

Environmental Protection Agency – Toxic Release Inventory (TRI) Data Exchange – contract # 20170001, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

Treasurer Trish King departs at 11:41 a.m.

Chairwoman Tina Danforth returns at 11:42 a.m. and resumes responsibility of the Chair.

B. Accept Constitutional Amendments Team report; and request the team to provide closeout report at the March 22, 2017, regular Business Committee meeting (3:05:22)

Sponsors:

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

Motion by Lisa Summers to accept the Constitutional Amendments Team report; and to request the team

to provide close-out report at the March 22, 2017, regular Business Committee meeting, seconded by

Tehassi Hill. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Brandon

Stevens, Lisa Summers, Jennifer Webster

Not Present:

Fawn Billie

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C. Accept status update on the Emergency Food Pantry implementation (3:16:04)

Sponsors:

Lisa Summers, Tribal Secretary; Trish King, Tribal Treasurer

Motion by Brandon Stevens to accept the status update on the Emergency Food Pantry implementation,

seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Brandon

Stevens, Lisa Summers, Jennifer Webster

Not Present:

Fawn Billie

D. Review concern # 2017-CC-03 regarding Emergency Food Pantry denial letter and SOPs

(5:49:00)

Sponsor:

Tina Danforth, Tribal Chairwoman

Motion by Lisa Summers to accept community concern # 2017-CC-03 as information, seconded by

Jennifer Webster. Motion carried unanimously:

Councilwoman Jennifer Webster departs at 3:36 p.m. before voting occurs.

Ayes:

Not Present:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King , Lisa

Summers

Fawn Billie, Brandon Stevens, Jennifer Webster

Councilwoman Jennifer Webster returns at 3:41 p.m.

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

Voting:

Sponsor:

Lisa Summers, Tribal Secretary

1. Approved procedural exceptions to the Ticket Distribution SOP; and to hold a random

drawing on January 5, 2017, for the purpose of distributing fifty (50) Green Bay

Packers Wild Card Game tickets (5:53:45)

Requestor: Lisa Summers, Tribal Secretary

Motion by Lisa Summers to enter the E-Poll into the records for the approved procedural exceptions to

the Ticket Distribution SOP; and to hold a random drawing on January 5, 2017, for the purpose of

distributing fifty (50) Green Bay Packers Wild Card Game tickets, seconded by Tehassi Hill. Motion

carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King , Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

For the record:

Chairwoman Tina Danforth stated I will like to ask that the Secretary’s

Office provide a list of the names from the wild card drawing to the

Business Committee so we can be informed and answer questions

accordingly.

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VIII. TRAVEL

A. TRAVEL REPORTS

1. Accept travel report – Vice-Chairwoman Melinda J. Danforth – Bemidji Area Indian

Health Services Annual Tribal Budget Formulation meeting – Bloomington, MN –

December 6-8, 2016 (5:57:54)

Motion by Lisa Summers to accept the travel report – Vice-Chairwoman Melinda J. Danforth – Bemidji

Area Indian Health Services Annual Tribal Budget Formulation meeting – Bloomington, MN –

December 6-8, 2016; and to close-out this travel, seconded by Tehassi Hill. Motion carried with one

abstention:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Abstained:

Melinda J. Danforth

Not Present:

Fawn Billie, Brandon Stevens

B. TRAVEL REQUESTS

1. Approve travel request – Councilman Tehassi Hill – 2017 Tribal Environmental

Program Management conference – Chicago, IL – April 3-5, 2017 (5:48:42)

Motion by Jennifer Webster to approve the travel request – Councilman Tehassi Hill – 2017 Tribal

Environmental Program Management conference – Chicago, IL – April 3-5, 2017, noting this is 100%

grant funded, seconded by Lisa Summers. Motion carried with one abstention:

Ayes:

Melinda J. Danforth, David Jordan, Trish King, Lisa Summers, Jennifer

Webster

Abstained:

Tehassi Hill

Not Present:

Fawn Billie, Brandon Stevens

2. Approve travel request – Secretary Lisa Summers – 2017 Crimes Against Children in

Indian Country conference – Carlton, MN – April 24-27, 2017 (4:59:27)

Motion by Melinda J. Danforth to approve the travel request – Secretary Lisa Summers – 2017 Crimes

Against Children in Indian Country conference – Carlton, MN – April 24-27, 2017, seconded by Trish

King. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Summers,

Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

Motion by Melinda J. Danforth to recess at 12:17 p.m. until 1:30 p.m., seconded by Trish King. Motion

carried unanimously: (3:45:50)

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Brandon

Stevens, Lisa Summers, Jennifer Webster

Not Present:

Fawn Billie

Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 1:30 p.m.

Chairwoman Tina Danforth, Councilwoman Fawn Billie, Secretary Lisa Summers, and Councilman

Brandon Stevens not present.

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

A. UNFINISHED REPORTS

Secretary Lisa Summers arrives at 1:31 p.m.

Chairwoman Tina Danforth arrives at 1:52 p.m. and assumes the responsibilities of the Chair.

Treasurer Trish King departs at 2:13 p.m.

1. Accept Comprehensive Health Division FY ’16 4th quarter report (3:46:28)

Sponsors: Debra Danforth, Division Director/Comprehensive Health Operations; Dr.

Ravinder Vir, Medical Director/Medical Operations

EXCERPT FROM JANUARY 11, 2017: (1) Motion by Tehassi Hill to defer the

Comprehensive Health Division FY ’16 4th quarter report to the January 25, 2017, regular

Business Committee meeting, seconded by Trish King. Motion carried unanimously. (2)

Motion by Tehassi Hill to request the Tribal Secretary to send notice to the Comprehensive

Health Division Directors requesting somebody be present to represent their report at the

January 25, 2017, regular Business Committee meeting.

EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.

EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59

a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting…, seconded by Melinda J. Danforth. Motion carried unanimously.

EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to defer the

Comprehensive Health Division FY ’16 4th quarter report to the December 14, 2016,

seconded by David Jordan. Motion carried unanimously.

Motion by Lisa Summers to accept the Comprehensive Health Division FY ’16 4th quarter report,

seconded by Jennifer Webster. Motion carried unanimously: (4:12:19)

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Lisa Summers, Jennifer

Webster

Not Present:

Fawn Billie, Trish King, Brandon Stevens

2. Accept Oneida Seven Generations Corporation FY ’16 4th quarter report (4:34:32)

Agent:

Chair:

Pete King III

Tina Danforth, Tribal Chairwoman

EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.

EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59

a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting…, seconded by Melinda J. Danforth. Motion carried unanimously.

Motion by Lisa Summers to accept the Oneida Seven Generations Corporation FY ’16 4th quarter report,

seconded by Tehassi Hill. Motion carried with one abstention:

Ayes:

Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Abstained:

Melinda J. Danforth

Not Present:

Fawn Billie, Trish King, Brandon Stevens

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3. Accept Personnel Commission FY ’16 4th quarter report (4:35:04)

Chair:

Yvonne Jourdan

Liaison Alternate: David Jordan, Councilman

EXCERPT FROM JANUARY 11, 2017: Motion by David Jordan to defer the Personnel

Commission FY ’16 4th quarter report to the January 25, 2017, regular Business Committee

meeting, seconded by Jennifer Webster. Motion carried unanimously.

Motion by David Jordan to accept the Personnel Commission FY ’16 4th quarter report, seconded by

Melinda J. Danforth. Motion carried with two opposed:

Ayes:

Melinda J. Danforth, David Jordan, Jennifer Webster

Opposed:

Tehassi Hill, Lisa Summers

Not Present:

Fawn Billie, Trish King, Brandon Stevens

For the record:

Secretary Lisa Summers stated that it is inaccurate that anybody’s trying

to cover anything up. A complaint was submitted against one of our

direct reports and we processed it just like we do everything else. There

has been no effort to hide anything or hush anything. We are handling it

in accordance with every other complaint that we handle when it’s a

personnel related matter and we’ve acted accordingly. Thank you.

For the record:

Secretary Lisa Summers stated I’m opposing because the report states

and I’m going to quote “this commission had filed a complaint regarding

some unfair and unethical hiring practices that were allowed and

controlled by the Human Resources Department,” and I’m going to stop

the quotation there. This is exactly why I’m opposing it because these

are allegations that have been not proven and it is a premature

determination made by the Personnel Commission that something has

taken place without being proven and that is the crux of the issue and

that is why I’m opposing.

For the record:

Councilman Tehassi Hill stated for me it was the same reason.

B. OPERATIONAL REPORTS

1. Accept Comprehensive Health Division FY ’17 1st quarter report (3:53:57)

Sponsors: Debra Danforth, Division Director/Comprehensive Health Operations; Dr.

Ravinder Vir, Medical Director/Medical Operations

Motion by Lisa Summers to accept the Comprehensive Health Division FY ’17 1st quarter report,

seconded by Tehassi Hill. Motion carried unanimously: (4:31:49)

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Lisa Summers, Jennifer

Webster

Not Present:

Fawn Billie, Trish King, Brandon Stevens

Treasurer Trish King returns at 2:32 p.m.

Vice-Chairwoman Melinda J. Danforth departs at 2:42 p.m.

2. Accept Development Division FY ’17 1st quarter report (4:45:05)

Sponsors: Troy Parr, Interim Assistant Division Director/Development; Jacque Boyle,

Interim Assistant Division Director/Development Operations

Motion by Lisa Summers to accept the Development Division FY ’17 1st quarter report, seconded by Trish

King. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Fawn Billie, Brandon Stevens

Vice-Chairwoman Melinda J. Danforth returns at 3:28 p.m.

Councilman Tehassi Hill departs at 3:29 p.m.

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Councilman Tehassi Hill returns at 3:32 p.m.

3. Accept Governmental Services Division FY ’17 1st quarter report (5:17:57)

Sponsor:

Elizabeth Somers, Division Director/Governmental Services

Motion by Lisa Summers to accept the Governmental Services Division FY ’17 1st quarter report, noting

that the Cultural Heritage section is actually up for discussion on another part of our agenda in executive

session, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

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

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

A. Petitioner Edward Delgado: Oneida panel of educators and retention of kindergarten

students

1. Accept legal analysis (6:00:40)

Sponsor:

Jo Anne House, Chief Counsel

EXCERPT FROM JANUARY 13, 2017: (1) Motion by Lisa Summers to accept the legislative

analysis, seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to

accept the verbal update regarding the legal analysis for January 13, 2017, noting that the

complete analysis will be provided at the January 25, 2017, regular Business Committee meeting,

seconded by Brandon Stevens. Motion carried unanimously. (3) Motion by Lisa Summers to

accept the update regarding the financial analysis, seconded by Fawn Billie. Motion carried

unanimously.

EXCERPT FROM OCTOBER 26, 2016: Motion by Lisa Summers to direct the Law, Finance, and

Legislative Reference Offices to submit their analyses within sixty (60) days; and that a progress

report be submitted within forty-five (45) days, seconded by David Jordan. Motion carried

unanimously.

Motion by Lisa Summers to accept the legal analysis as information which was a handout dated January

23, 2017, from Chief Counsel, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

B. Approve March 19, 2017, special General Tribal Council meeting materials

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to approve the March 19, 2017, special General Tribal Council meeting

materials, seconded by Jennifer Webster. Motion carried unanimously: (6:04:50)

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

Motion by Lisa Summers to approve the Business Committee recommendation memo dated January 19,

2017, regarding the election stipend petition into the meeting packet, seconded by Tehassi Hill. Motion

carried unanimously: (6:41:20)

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

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

Voting:

Sponsor:

Lisa Summers, Tribal Secretary

1. Approval of using the alternate General Tribal Council meeting date of Monday,

February 13, 2017, for the Annual General Tribal Council meeting (6:08:30)

Requestor: Lisa Summers, Tribal Secretary

Motion by Lisa Summers to enter the E-Poll results into the record for the of using the alternate General

Tribal Council meeting date of Monday, February 13, 2017, for the Annual General Tribal Council

meeting, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

XI. EXECUTIVE SESSION

A. REPORTS

1. Accept Oneida Airport Hotel Corporation FY ’17 1st quarter report (6:11:15)

Agent:

Liaison:

Janice Hirth-Skenandore

Trish King, Tribal Treasurer

Motion by Lisa Summers to accept the Oneida Airport Hotel Corporation FY ’17 1st quarter report,

seconded by David Jordan. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

Motion by Lisa Summers to request the Oneida Airport Hotel Corporation to provide a preliminary and

conceptual plan on how the corporation plans will proceed with strategic renovations at the next quarterly

report, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

2. Accept Oneida Golf Enterprise FY ’17 1st quarter report (6:12:37)

Agent:

Liaison:

Janice Hirth-Skenandore

Trish King, Tribal Treasurer

Motion by Jennifer Webster to accept the Oneida Golf Enterprise FY ’17 1st quarter report, seconded by

Tehassi Hill. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

For the record:

Chairwoman Tina Danforth stated I would like to make note that I have

asked for a segregated report for the LPGA budget and expenses and

revenue regarding the tournament segregated from the rest of operations

and I would like for that to be provided at the next report. Thank you.

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3. Accept Bay Bancorporation, Inc. FY ’17 1st quarter report (6:14:04)

President: Jeff Bowman

Liaison:

Tina Danforth, Tribal Chairwoman

Motion by Tehassi Hill to accept the Bay Bancorporation, Inc. FY ’17 1st quarter report, seconded by Lisa

Summers. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

4. Accept Oneida ESC Group, LLC. FY ’17 1st quarter report (6:14:35)

Chair:

Liaison:

Jackie Zalim

Tehassi Hill, Councilman

Motion by Lisa Summers to accept the Oneida ESC Group, LLC. FY ’17 1st quarter report, seconded by

David Jordan. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

5. Accept Oneida Total Integrated Enterprises, LLC. FY ’17 1st quarter report (6:15:08)

Interim Chair: Jackie Zalim

Liaison:

Tehassi Hill, Councilman

Motion by Melinda J. Danforth to accept the Oneida Total Integrated Enterprises, LLC. FY ’17 1st quarter

report, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

6. Accept Oneida Seven Generations Corporation FY ’17 1st quarter report (6:15:33)

Agent:

Liaison:

Pete King III

Tina Danforth, Tribal Chairwoman

Motion by Lisa Summers to accept the Oneida Seven Generations Corporation FY ’17 1st quarter report,

seconded by David Jordan. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

a. Accept Oneida Seven Generations Corporation FY ’16 4th quarter report (6:16:16)

Agent:

Pete King III

Chair:

Tina Danforth, Tribal Chairwoman

EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.

EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59

a.m.; and to defer the remaining agenda items to the December 28, 2016, regular

Business Committee meeting…, seconded by Melinda J. Danforth. Motion carried

unanimously.

Motion by Lisa Summers to accept the Oneida Seven Generations Corporation FY ’16 4th quarter report,

seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

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

(6:16:46)

Motion by Melinda J. Danforth to accept the Gaming General Manager report, seconded by David Jordan.

Motion carried with one abstention:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Jennifer

Webster

Abstained:

Lisa Summers

Not Present:

Fawn Billie, Brandon Stevens

8. Accept Intergovernmental Affairs & Communications report – Nathan King, Director

(6:17:13)

Motion by Tehassi Hill to accept the Intergovernmental Affairs & Communications reports, seconded by

David Jordan. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

Motion by Tehassi Hill to direct the Director of the Intergovernmental Affairs & Communications

Department to work with the Department of Instruction on the proposed Memorandum of Understanding

requested in the correspondence sent to the Chair’s Office dated December 18, 2016, seconded by Lisa

Summers. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

Motion by Lisa Summers to request the Intergovernmental Affairs & Communications Director to work

with Secretary Lisa Summers’ and Councilwoman Fawn Billie’s Offices to schedule a work session on the

issues and recommendations presented to be done prior to the NCAI event, seconded by David Jordan.

Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

9. Accept Chief Counsel report – Jo Anne House, Chief Counsel (6:19:23)

Motion by Jennifer Webster to accept the Chief Counsel report, seconded by Tehassi Hill. Motion carried

unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

B. STANDING ITEMS

1. Land Claims Strategy (No Requested Action)

2. Oneida Golf Enterprise – Ladies Professional Golf Association update (6:19:58)

Sponsor:

Trish King, Tribal Treasurer

Motion by Trish King to accept the Oneida Golf Enterprise – Ladies Professional Golf Association update,

seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

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For the record:

Chairwoman Tina Danforth stated Tehassi is asking that there be

scheduled time frames for the both the Gold Enterprise report and the

LPGA update that they be assigned times frames that are close in

proximity to one another.

C. AUDIT COMMITTEE

Chair: Tehassi Hill, Councilman

1. Accept Audit Committee FY ’17 1st quarter report (6:21:25)

Chair:

Tehassi Hill, Councilman

Motion by David Jordan to accept the Audit Committee FY ’17 1st quarter report, seconded by Jennifer

Webster. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

2. Accept December 15, 2016, Audit Committee meeting minutes (6:21:47)

Motion by Melinda J. Danforth to accept the December 15, 2016, Audit Committee meeting minutes,

seconded by David Jordan. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

3. Approve audit entitled Title 31 Compliance; and lift confidentiality requirement to allow

Tribal Members to view the audit (6:22:16)

Motion by Lisa Summers to approve the audit entitled Title 31 Compliance; and lift confidentiality

requirement to allow Tribal Members to view the audit, seconded by David Jordan. Motion carried

unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

4. Approve audit entitled Oneida Minors Trust Fund; and lift confidentiality requirement

to allow Tribal Members to view the audit (6:23:38)

Motion by Lisa Summers to approve the audit entitled Oneida Minors Trust Fund; and lift confidentiality

requirement to allow Tribal Members to view the audit, seconded by David Jordan. Motion carried

unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

5. Approve audit entitled Gaming Contracts; and lift confidentiality requirement to allow

Tribal Members to view the audit (6:24:08)

Motion by Tehassi Hill to approve the audit entitled Gaming Contracts; and lift confidentiality requirement

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

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

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6. Approve audit entitled Parimutuel Wagering; and lift confidentiality requirement

to allow Tribal Members to view the audit (6:24:34)

Motion by Melinda J. Danforth to approve the audit entitled Parimutuel Wagering; and lift confidentiality

requirement to allow Tribal Members to view the audit, seconded by David Jordan. Motion carried

unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

7. Approve audit entitled Ultimate Texas Hold’em; and lift confidentiality requirement

to allow Tribal Members to view the audit (6:25:00)

Motion by Melinda J. Danforth to approve the audit entitled Ultimate Texas Hold’em; and lift confidentiality

requirement to allow Tribal Members to view the audit, seconded by Lisa Summers. Motion carried

unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

8. Approve audit entitled Cage/Vault Compliance; and lift confidentiality requirement

to allow Tribal Members to view the audit (6:25:23)

Motion by Melinda J. Danforth to approve the audit entitled Cage/Vault Compliance; and lift confidentiality

requirement to allow Tribal Members to view the audit, seconded by Jennifer Webster. Motion carried

unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

9. Approve audit entitled Complimentary Items and Services; and lift confidentiality

requirement to allow Tribal Members to view the audit (6:25:49)

Motion by Melinda J. Danforth to approve the audit entitled Complimentary Items and Services; and lift

confidentiality requirement to allow Tribal Members to view the audit, seconded by Tehassi Hill. Motion

carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

10. Approve audit entitled Blackjack Rules of Play; and lift confidentiality requirement to

allow Tribal Members to view the audit (6:26:14)

Motion by David Jordan to approve the audit entitled Blackjack Rules of Play; and lift confidentiality

requirement to allow Tribal Members to view the audit, seconded by Lisa Summers. Motion carried

unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

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11. Approve audit entitled Higher Education Performance Assurance; and lift

confidentiality requirement to allow Tribal Members to view the audit (6:26:35)

Motion by David Jordan to approve the audit entitled Higher Education Performance Assurance; and lift

confidentiality requirement to allow Tribal Members to view the audit, seconded by Lisa Summers. Motion

carried with one abstention:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Abstained:

Melinda J. Danforth

Not Present:

Fawn Billie, Brandon Stevens

12. Approve audit entitled Retail Open Road Rewards Program; and lift confidentiality

requirement to allow Tribal Members to view the audit (6:27:03)

Motion by Lisa Summers to approve the audit entitled Retail Open Road Rewards Program; and lift

confidentiality requirement to allow Tribal Members to view the audit, seconded by David Jordan. Motion

carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

13. Approve audit entitled Surveillance Compliance; and lift confidentiality requirement to

allow Tribal Members to view the audit (6:28:15)

Motion by Jennifer Webster to approve the audit entitled Surveillance Compliance; and lift confidentiality

requirement to allow Tribal Members to view the audit, seconded by Lisa Summers. Motion carried

unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

14. Approve audit entitled Bingo Compliance; and lift confidentiality requirement to allow

Tribal Members to view the audit (6:28:36)

Motion by Lisa Summers to approve the audit entitled Bingo Compliance; and lift confidentiality

requirement to allow Tribal Members to view the audit, seconded by David Jordan. Motion carried

unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

15. Approve audit entitled Slots Compliance; and lift confidentiality requirement to allow

Tribal Members to view the audit (6:29:00)

Motion by Melinda J. Danforth to approve the audit entitled Slots Compliance; and lift confidentiality

requirement to allow Tribal Members to view the audit, seconded by Tehassi Hill. Motion carried

unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

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16. Approve audit entitled Player Tracking Compliance; and lift confidentiality requirement

to allow Tribal Members to view the audit (6:29:25)

Motion by Jennifer Webster to approve the audit entitled Player Tracking Compliance; and lift

confidentiality requirement to allow Tribal Members to view the audit, seconded by Lisa Summers. Motion

carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

17. Approve audit entitled Information Technology Compliance; and lift confidentiality

requirement to allow Tribal Members to view the audit (6:29:28)

Motion by Jennifer Webster to approve the audit entitled Information Technology Compliance; and lift

confidentiality requirement to allow Tribal Members to view the audit, seconded by Tehassi Hill. Motion

carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

18. Approve audit entitled Drop & Count Compliance; and lift confidentiality requirement

to allow Tribal Members to view the audit (6:30:12)

Motion by Lisa Summers to approve the audit entitled Drop & Count Compliance; and lift confidentiality

requirement to allow Tribal Members to view the audit, seconded by Melinda J. Danforth. Motion carried

unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

19. Approve audit entitled Drop & Count (Class II Poker & Kiosk) Compliance; and lift

confidentiality requirement to allow Tribal Members to view the audit (6:30:41)

Motion by Tehassi Hill to approve the audit entitled Drop & Count (Class II Poker & Kiosk) Compliance;

and lift confidentiality requirement to allow Tribal Members to view the audit, seconded by Lisa Summers.

Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

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D. UNFINISHED BUSINESS

1. Accept transition plan update regarding Surveillance System Replacement Project

(6:31:06)

Sponsor:

Joanie Buckley, Division Director/ Internal Services

EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to accept the transition plan

from Internal Services/MIS Department regarding Surveillance System Replacement Project,

seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to direct

that an internal team be established from a minimum of MIS Department, Oneida Police

Department, Gaming Commission and Security, and Purchasing Department to develop a full

transition plan for the Operations based on the recommendations provided in the report; and

to request an update on the progress be brought back to a regular Business Committee

meeting in six (6) months which would be January of 2017, seconded by Jennifer Webster.

Motion carried unanimously.

EXCERPT FROM APRIL 27, 2016: Motion by David Jordan to accept the update from the

Gaming Commission, Retail, Finance, and Gaming regarding Surveillance System

Replacement Project and to request that the agreed upon action plan be placed in writing and

signed by all affected parties, seconded by Tehassi Hill. Motion carried unanimously.

EXCERPT FROM APRIL 13, 2016: (1) Motion by Lisa Summers to request that the team

working on this item meet and collaborate on how to proceed and bring back this item to the

April 27, 2016, regular Business Committee meeting for an update, seconded by Jennifer

Webster. Motion carried unanimously. (2) Motion by Lisa Summers to defer a policy

development on this issue to the Internal Services/MIS Department to bring back a

recommendation on a transition plan which moves the Nation towards a long-term systems

alignment and for this draft plan to be brought back to the July 13, 2016, regular Business

Committee meeting, seconded by Fawn Billie. Motion carried unanimously.

Motion by Melinda J. Danforth to accept the transition plan update regarding the Surveillance System

Replacement Project with the next update provided at the April 26, 2017, regular Business Committee

meeting, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

For the record:

Vice-Chairwoman Melinda J. Danforth stated I did request a project

timeline, yesterday, and they’ve already sent it to use as of this morning I

believe.

2. Accept verbal update and approve extension regarding complaint # 2016-DR06-06

(6:32:05)

Sponsors: Brandon Stevens, Councilman; Melinda J. Danforth, Tribal Vice-Chairwoman;

Fawn Billie, Councilwoman

EXCERPT FROM NOVEMBER 23, 2016: Motion by Jennifer Webster that the Business

Committee determined that there is merit to complaint # 2016-DR06-06; and assigns

Councilman Brandon Stevens, Vice-Chairwoman Melinda J. Danforth, and Councilwoman

Fawn Billie to investigate the complaint, seconded by Brandon Stevens. Motion carried

unanimously.

Motion by Lisa Summers to accept the verbal update and approve a sixty (60) day extension regarding

complaint # 2016-DR06-06, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

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3. Accept update regarding complaint # 2016-DR11-01 (6:32:51)

Sponsors: Trish King, Tribal Treasurer; Jennifer Webster, Councilwoman; Lisa Summers,

Tribal Secretary

EXCERPT FROM NOVEMBER 23, 2016: Motion by Jennifer Webster to deem complaint #

2016-DR11-01 as having merit; and to assign Treasurer Trish King, Councilwoman Jennifer

Webster, and Secretary Lisa Summers to investigate the complaint, seconded by David

Jordan. Motion carried unanimously.

Motion by Melinda J. Danforth to accept the verbal update provided regarding complaint # 2016-DR11-01,

noting the final written findings will be brought back to the February 8, 2017, regular Business Committee

meeting, seconded by David Jordan. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

4. Accept update regarding complaint # 2016-DR14-01 (6:33:36)

Sponsors: Trish King, Tribal Treasurer; Jennifer Webster, Councilwoman; Lisa Summers,

Tribal Secretary

EXCERPT FROM NOVEMBER 23, 2016: Motion by Jennifer Webster to deem complaint #

2016-DR14-01 as having merit; and to assign Treasurer Trish King, Councilwoman Jennifer

Webster, and Secretary Lisa Summers to investigate the complaint, seconded by David

Jordan. Motion carried unanimously.

Motion by Melinda J. Danforth to accept the verbal update provided regarding complaint # 2016-DR14-01,

noting the final written findings will be brought back to the February 8, 2017, regular Business Committee

meeting, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

E. NEW BUSINESS

1. Determine next steps regarding Culture & Language reorganization (6:34:20)

Sponsor:

Lisa Summers, Tribal Secretary

Motion by David Jordan to defer this item to the February 8, 2017, regular Business Committee meeting,

seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

2. Approve limited waiver of sovereign immunity – Sovereign Financial LLC. –

Confidentiality Agreement – contract # 2017-0007 (6:35:14)

Sponsor: Larry Barton, Chief Financial Officer

Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – Sovereign Financial

LLC. – Confidentiality Agreement – contract # 2017-0007, seconded by David Jordan. Motion carried

unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

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3. Adopt resolution entitled Resolution to Adopt Name Change Amendments to the

Governmental and Enterprise 401(k) Plans; and signing of corresponding documents

(6:35:38)

Sponsor: Larry Barton, Chief Financial Officer

Motion by Melinda J. Danforth to adopt resolution # 01-25-17-E Resolution to Adopt Name Change

Amendments to the Governmental and Enterprise 401(k) Plans; and signing of corresponding documents,

seconded by Tehassi Hill. Motion carried with one abstention:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Lisa Summers, Jennifer

Webster

Abstained:

David Jordan

Not Present:

Fawn Billie, Brandon Stevens

4. Accept update regarding the meeting with Menominee Nation representatives on Back

Forty Mine (6:36:48)

Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by Melinda J. Danforth to accept the update regarding the meeting with Menominee Nation

representatives on the Back Forty Mine; and to assign the Intergovernmental Affairs & Communications

Director to this item for tracking and follow-up, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

Motion by David Jordan to go into executive session at 4:22 p.m., seconded by Tehassi Hill. Motion

carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

Motion by David Jordan to come out of executive session at 4:43 p.m., seconded by Melinda J. Danforth.

Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

5. Accept update regarding DR12 and determine next steps (6:38:56)

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Melinda J. Danforth to not approve the recommendations presented in the Tribal Secretary’s

memo dated January 16, 2017; to approve the alternate recommendation provided by the Business

Committee today; and to assign Vice-Chairwoman Melinda J. Danforth and Tribal Secretary Lisa

Summers to execute that recommendation, seconded by Lisa Summers. Motion carried with one

abstention:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers

Abstained:

Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

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

Voting:

Sponsor:

Lisa Summers, Tribal Secretary

a. Approved attorney contract - # 2016-1426 (6:40:40)

Requestor:

Jo Anne House, Chief Counsel

Motion by Lisa Summers to enter the E-Poll results into the record for the approved attorney contract - #

2016-1426, seconded by David Jordan. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

7. Accept update regarding strategic land purchase (6:42:05)

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by Lisa Summers to accept the update; and to request a follow-up report be brought back in

approximately sixty (60) days for the April 26, 2017, regular Business Committee meeting, seconded by

Jennifer Webster. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

XII. ADJOURN

Motion by David Jordan to adjourn at 4:47 p.m., seconded by Trish King. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Lisa

Summers, Jennifer Webster

Not Present:

Fawn Billie, Brandon Stevens

Minutes prepared by Heather Heuer, Information Management Specialist

Minutes approved as presented on ___________.

_________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

02 / 08 / 17

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 January 26, 2017, FY '17 1st quarter reports meeting minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. January 26, 2017, FY '17 1st qtr meeting minutes

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Oneida Business Committee

FY ’17 1st Quarter Reports

8:00 a.m. Thursday, January 26, 2017

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes – DRAFT

FY ’17 1ST QUARTERLY REPORTS MEETING

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

members: Tehassi Hill, David Jordan, Jennifer Webster;

Not Present: Councilwoman Fawn Billie;

Arrived at: Chairwoman Tina Danforth at 1:32 p.m.; Councilman Brandon Stevens at 8:03 a.m.;

Others present: Carol Elm, Chad Wilson, Heather Heuer, Dale Powless, Laura Manthe, Marlene Garvey,

Brad Graham, Bill Graham, Dylan Benton, Sandra Reveles, Tonya Webster, Lois Powless, Larry Barton,

Mike Hill, John Brueninger, Gary Melchert, Dale Melchert, Nancy Barton, Jessica Wallenfang, Danelle

Wilson, Pete King III, Jo Anne House, Janice Hirth-Skenandore, Jeff House, Jackie Zalim (via Polycom),

Cathy Bachhuber, Barb Erickson, Patricia Lassila;

I. CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 8:02 a.m.

For the record:

Chairwoman Tina Danforth is away on funeral time. Councilwoman Fawn

Billie is away on approved travel attending the Tribal Law & Order Action

Training in Columbia, South Carolina.

Councilman Brandon Stevens arrives at 8:03 a.m.

II. OPENING by Councilman Tehassi Hill

III. ADOPT THE (00:03:51)

Motion by Jennifer Webster to adopt the agenda with the following change: [Allow Item IV.C.06. Accept

Oneida Seven Generations Corporation FY ’17 1st quarter report, to be first on the agenda in the

afternoon], seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

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IV. REPORTS

A. APPOINTED BOARDS, COMMITTEES, COMMISSIONS

1. Accept Oneida Nation Arts Board FY ’17 1st quarter report (00:04:55)

Chair:

Liaison:

Tamara VanSchyndel

Jennifer Webster, Councilwoman

Motion by Lisa Summers to accept the Oneida Nation Arts Board FY ’17 1st quarter report, seconded by

Brandon Stevens. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

2. Accept Anna John Residential Centered Care Community Board FY ’17 1st quarter

report (00:05:52)

Chair:

Candace House

Liaison:

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by David Jordan to accept the Anna John Residential Centered Care Community Board FY ’17 1st

quarter report, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

3. Accept Oneida Child Protective Board FY ’17 1st quarter report (00:13:28)

Chair:

Liaison:

Dale Powless

Lisa Summers, Tribal Secretary

Motion by David Jordan to accept the Oneida Child Protective Board FY ’17 1st quarter report, seconded

by Lisa Summers. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

Councilman David Jordan departs at 8:26 a.m.

Councilman David Jordan returns at 8:33 a.m.

4. Accept Oneida Environmental Resources Board FY ’17 1st quarter report (00:24:22)

Chair:

Liaison:

Marlene Garvey

Tehassi Hill, Councilman

Motion by Tehassi Hill to accept the Oneida Environmental Resources Board FY ’17 1st quarter report,

seconded by Lisa Summers. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

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5. Accept Oneida Community Library Board FY ’17 1st quarter report (00:51:58)

Chair:

Liaison:

Dylan Benton

Fawn Billie, Councilwoman

Motion by Jennifer Webster to accept the Oneida Community Library Board FY ’17 1st quarter report,

seconded by Trish King. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

6. Accept Oneida Personnel Commission FY ’17 1st quarter report (00:38:40)

Chair:

Yvonne Jourdan

Liaison Alternate: David Jordan, Councilman

Motion by Trish King to defer this item back to the Oneida Personnel Commission to separate out the

issues as discussed so we can address the Personnel Commission issues in executive session on

February 7, 2017; and to defer the FY ’17 1st quarter report to the next quarterly reports Business

Committee meeting on April 27, 2017, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

Councilman Tehassi Hill departs at 9:03 a.m.

7. Accept Oneida Police Commission FY ’17 1st quarter report (1:00:35)

Chair:

Liaison:

Bernie Stevens

Lisa Summers, Tribal Secretary

Motion by Jennifer Webster to accept the Oneida Police Commission FY ’17 1st quarter report, seconded

by Brandon Stevens. Motion carried unanimously:

Ayes:

David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer

Webster

Not Present:

Tina Danforth, Fawn Billie, Tehassi Hill

For the record:

Secretary Lisa Summers stated I believe it was part of this first quarter

and I think we are all aware, but I just want to make sure that for the

record that everybody understands. The Police Department has been

working with Emergency Management and the folks from the LPGA

coordination to make sure that logistically all of those things are taken

care of from a public service perspective and that includes working

cooperatively with Hobart and any other municipalities or police agency

that needs to be coordinated with in order to make sure that that event is

successful.

Councilman Tehassi Hill returns at 9:07 a.m.

Motion by Lisa Summers to recess at 9:11 a.m. until 9:45 a.m., seconded by David Jordan. Motion

carried unanimously: (1:09:06)

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 9:43 a.m.

Chairwoman Tina Danforth, Councilwoman Fawn Billie, Treasurer Trish King, Secretary Lisa Summers

not present.

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Secretary Lisa Summers arrives at 9:46 a.m.

Treasurer Trish King arrives at 9:49 a.m.

8. Accept Oneida Pow-wow Committee FY ’17 1st quarter report (1:09:24)

Chair:

Liaison:

Tonya Webster

Fawn Billie, Councilwoman

Motion by David Jordan to accept the Oneida Pow-wow Committee FY ’17 1st quarter report, seconded by

Brandon Stevens. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

9. Accept Southeastern Oneida Tribal Services Advisory Board FY ’17 1st quarter report

(Not Submitted) (1:04:13)

Chair:

Daniel Schiller

Liaison: Tina Danforth, Tribal Chairwoman

Motion by Jennifer Webster to defer the Southeastern Oneida Tribal Services Advisory Board FY ’17 1st

quarter report to the next quarterly reports Business Committee meeting on April 27, 2017; and to request

Tribal Secretary Lisa Summers to follow-up with the Chair of the Southeastern Oneida Tribal Services

Advisory Board, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

Secretary Lisa Summers departs at 9:56 a.m.

Treasurer Trish King departs at 10:03 a.m.

Secretary Lisa Summers and Treasurer Trish King return at 10:07 a.m.

Treasurer Trish King departs at 10:29 a.m.

10. Accept Oneida Nation Veterans Affairs Committee FY ’17 1st quarter report (1:32:42)

Chair:

Liaison:

Mike Hill

Jennifer Webster, Councilwoman

Motion by David Jordan to accept the Oneida Nation Veterans Affairs Committee FY ’17 1st quarter

report, seconded by Lisa Summers. Motion carried unanimously:

Secretary Lisa Summers departs at 10:25 a.m. before voting occurs.

Ayes:

Not Present:

Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster

Tina Danforth, Fawn Billie, Trish King, Lisa Summers

Motion by David Jordan to request the Liaison of the Oneida Nation Veterans Affairs Committee to work

with the Internal Services Division Director and Oneida Community Integrated Food Systems with regards

to Oneida Nation Veterans Affairs Committee use of the brat barn for fundraising activities, seconded by

Tehassi Hill. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Trish King, Lisa Summers

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B. ELECTED BOARDS, COMMITTEES, COMMISSIONS

1. Accept Oneida Nation Commission on Aging FY ’17 1st quarter report (1:23:27)

Chair:

Liaison:

Patricia Lassila

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by David Jordan to accept the Oneida Nation Commission on Aging FY ’17 1st quarter report,

seconded by Brandon Stevens. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

2. Accept Oneida Gaming Commission FY ’17 1st quarter report (1:54:25)

Chair:

Liaison:

Mark A. Powless Sr.

Brandon Stevens, Councilman

Motion by David Jordan to accept the Oneida Gaming Commission FY ’17 1st quarter report, seconded by

Jennifer Webster. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Trish King, Lisa Summers

3. Accept Oneida Election Board FY ’17 1st quarter report (2:11:35)

Chair:

Liaison:

Racquel Hill

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by David Jordan to accept the Oneida Election Board FY ’17 1st quarter report, seconded by

Tehassi Hill. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Trish King, Lisa Summers

4. Accept Oneida Land Claims Commission FY ’17 1st quarter report (2:52:20)

Vice-Chair: Loretta Metoxen

Liaison:

Jennifer Webster, Councilwoman

Motion by David Jordan to accept the Oneida Land Claims Commission FY ’17 1st quarter report,

seconded by Brandon Stevens. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

5. Defer Oneida Land Commission FY ’17 1st quarter report (1:07:36)

Chair:

Liaison:

Rae Skenandore

Tehassi Hill, Councilman

Motion by David Jordan to defer the Oneida Land Commission FY ’17 1st quarter report to the next

quarterly reports Business Committee meeting on April 27, 2017, seconded by Trish King. Motion carried

unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

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6. Accept Oneida Nation School Board FY ’17 1st quarter report (2:53:58)

Chair:

Liaison:

Debbie Danforth

Fawn Billie, Councilwoman

Motion by David Jordan to accept the Oneida Nation School Board FY ’17 1st quarter report, seconded by

Tehassi Hill. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

Motion by David Jordan to recess at 10:48 a.m. until 1:15 p.m., seconded by Brandon Stevens. Motion

carried unanimously: (2:12:05)

Ayes:

Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Trish King, Lisa Summers

Meeting called to order by Chairwoman Tina Danforth at 1:32 p.m.

Vice-Chairwoman Melinda J. Danforth and Councilwoman Fawn Billie not present.

C. CORPORATE BOARDS

1. Accept Oneida Airport Hotel Corporation FY ’17 1st quarter report (2:13:54)

Agent:

Liaison:

Janice Hirth-Skenandore

Trish King, Tribal Treasurer

Motion by Jennifer Webster to accept the Oneida Airport Hotel Corporation FY ’17 1st quarter report,

seconded by Trish King. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Melinda J. Danforth, Fawn Billie

2. Accept Oneida Golf Enterprise FY ’17 1st quarter report (2:17:30)

Agent:

Liaison:

Janice Hirth-Skenandore

Trish King, Tribal Treasurer

Motion by Lisa Summers to accept the Oneida Golf Enterprise FY ’17 1st quarter report, seconded by

Trish King. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Melinda J. Danforth, Fawn Billie

3. Accept Bay Bancorporation, Inc. FY ’17 1st quarter report (2:25:48)

President: Jeff Bowman

Liaison:

Tina Danforth, Tribal Chairwoman

Motion by Lisa Summers to accept the Bay Bancorporation, Inc. FY ’17 1st quarter report, seconded by

Tehassi Hill. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Melinda J. Danforth, Fawn Billie

Oneida Business Committee FY ’17 1st Quarter Reports Meeting Minutes – DRAFT of January 26, 2017

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DRAFT

4. Accept Oneida Engineering, Science, and Construction Group, LLC. FY ’17 1st quarter

report (2:27:15)

Chair:

Jackie Zalim

Liaison:

Tehassi Hill, Councilman

Motion by Lisa Summers to accept the Oneida Engineering, Science, and Construction Group, LLC. FY

’17 1st quarter report, seconded by Trish King. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Melinda J. Danforth, Fawn Billie

5. Accept Oneida Total Integrated Enterprises, LLC. FY ’17 1st quarter report (2:30:40)

Interim Chair: Jackie Zalim

Liaison:

Tehassi Hill, Councilman

Motion by David Jordan to accept the Oneida Total Integrated Enterprises, LLC. FY ’17 1st quarter report,

seconded by Lisa Summers. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Melinda J. Danforth, Fawn Billie

6. Accept Oneida Seven Generations Corporation FY ’17 1st quarter report (2:13:00)

Agent:

Liaison:

Pete King III

Tina Danforth, Tribal Chairwoman

Motion by Tehassi Hill to accept the Oneida Seven Generations Corporation FY ’17 1st quarter report,

seconded by Lisa Summers. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Melinda J. Danforth, Fawn Billie

D. STANDING COMMITTEES

1. Defer Community Development Planning Committee FY ’17 1st quarter report (1:08:08)

Chair:

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by Lisa Summers to defer the Community Development Planning Committee FY ’17 1st quarter

report to the next quarterly reports Business Committee meeting on April 27, 2017, seconded by David

Jordan. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

2. Accept Legislative Operating Committee FY ’17 1st quarter report (2:34:10)

Chair:

Brandon Stevens, Councilman

Motion by David Jordan to accept the Legislative Operating Committee FY ’17 1 st quarter report,

seconded by Lisa Summers. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Melinda J. Danforth, Fawn Billie

Oneida Business Committee FY ’17 1st Quarter Reports Meeting Minutes – DRAFT of January 26, 2017

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DRAFT

3. Accept Quality of Life Committee FY ’17 1st quarter report (2:37:52)

Chair:

Fawn Billie, Councilwoman

Motion by David Jordan to accept the Quality of Life Committee FY ’17 1 st quarter report, seconded by

Tehassi Hill. Motion carried unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Melinda J. Danforth, Fawn Billie

4. Accept Finance Committee FY ’17 1st quarter report (2:43:27)

Chair:

Trish King, Tribal Treasurer

Motion by Brandon Stevens to accept the Finance Committee FY ’17 1st quarter report, seconded by

David Jordan. Motion carried with one abstention:

Ayes:

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

Webster

Abstained:

Lisa Summers

Not Present:

Melinda J. Danforth, Fawn Billie

V. ADJOURN

Motion by David Jordan to adjourn at 2:16 p.m., seconded by Brandon Stevens. Motion carried

unanimously:

Ayes:

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

Jennifer Webster

Not Present:

Melinda J. Danforth, Fawn Billie

Minutes prepared by Heather Heuer, Information Management Specialist

Minutes approved as presented on ___________.

_________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee FY ’17 1st Quarter Reports Meeting Minutes – DRAFT of January 26, 2017

Page 8 of 8

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

2

/ 8

/ 17

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:

Consider the Real Property Law Amendments for adoption

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Adoption Packet

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens, LOC Chair

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida -nsn.gov

TO:

FROM:

DATE:

RE:

/"'"'\

=DOODOO

ONEIDA

~· ,

Oneida Business Committee

Brandon Stevens, LOC Chairpersod--_DS

February 8, 2017

Real Property Law Amendments

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

Prope1ty Law Amendments:

1.

2.

3.

4.

5.

Resolution: Real Prope1ty Law Amendments

Statement of Effect: Real Property Law Amendments

Real Property Law Amendments Legislative Analysis

Real Prope1iy Law (Clean)

Real Prope1iy Law Amendments Fiscal Impact Statement

Overview

This is a proposal to amend an existing Tribal Law which would:

• Remove hearing body authority from the Oneida Land Commission and transfer it to the

Judiciary;

• Update the probate process;

• Add Wisconsin State real estate education requirements for persons purchasing property

on behalf of the Nation;

• Remove provisions related to rental housing oppmiunities provided by the Nation as that

subject matter is now contained in the Landlord-Tenant law;

• Remove provisions related to mortgages and foreclosures within the Nation's programs

as that subject matter is now contained in the Mmigage and Foreclosure law;

• Remove provisions related to te1minating or evicting from the Nation's leasing or rental

programs as that subject matter is now contained in the Eviction and Te1mination law;

and

• Remove provisions related to leasing from the Nation as that subject matter is now

contained in the Leasing law.

In accordance with the Legislative Procedures Act, a public meeting on the proposed

amendments to the Real Prope1iy law was held on October 20, 2016. A second public meeting

on the proposed amendments to the Real Prope1iy law was held on December 1, 2016.

Requested Action

Approve the Resolution: Real Prope1iy Law Amendments.

A good mind. A good heart. A strong fire.

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BC Resolution __________

Adoption of Real Property Law Amendments

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 Nation Constitution by the Oneida General Tribal Council; and

WHEREAS, the Oneida Business Committee adopted the Real Property law pursuant to resolution

BC-05-29-96-A and amended the law by resolutions: BC-03-01-06-D, BC-04-28-10-E

and BC-02-25-15-C; and

WHEREAS, these amendments update the probate process and delegate joint administrative

rulemaking authority to the Division of Land Management and the Oneida Land

Commission; and

WHEREAS, the Division of Land Management and the Oneida Land Commission are required to

create rules further defining the process for probate administration; and

WHEREAS, these amendments add Wisconsin State real estate education requirements for persons

purchasing property on behalf of the Nation; and

WHEREAS, these amendments transfer the Oneida Land Commission’s original hearing body

authority to the Oneida Judiciary; and

WHEREAS, these amendments remove provisions related to rental housing opportunities, mortgages

and foreclosures and terminations and evictions as such subject matters are addressed in

the Landlord-Tenant law, the Mortgage and Foreclosure law, the Eviction and

Termination law; and

WHEREAS, these amendments remove provisions related to the leasing from the Nation as such

subject matter is addressed in the Leasing law; and

WHEREAS, the Leasing law’s effective date is contingent upon approval of the Leasing law by the

Secretary of the Department of Interior; and

WHEREAS, public meetings regarding these amendments were held on October 20, 2016 and

December 1, 2016, in accordance with the Legislative Procedures Act; and

NOW THEREFORE BE IT RESOLVED, that all parties required to create administrative rules to

further support the Real Property law have all such rules finalized to become effective on June 25,

2017, provided that the rules related to residential sales by the Nation may have an earlier effective

date.

NOW THEREFORE BE IT FURTHER RESOLVED, that in recognition that the Leasing law is

not effective until it receives approval from the Secretary of the Department of Interior, the following

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Resolution ____________

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provision shall replace section 601.9 of the Real Property law until the Leasing law is effective should

the Leasing law not be effective by the effective date of these amendments:

601.9. Leasing of Real Property

601.9-1. All leasing of tribal land shall be processed through the Division of Land

Management.

601.9-2. Commercial, Agricultural and Residential Leases of tribal trust land are available,

with preference given to Oneida tribal citizens and programs.

601.9-3. All leases shall include the responsibility of the lessee and lessor regarding the

following principles:

(a) Possession of Leased Premises;

(b) Improvements;

(c) Maintenance of Premises;

(d) Assignment and Subleasing;

(e) Options to Renew;

(f) Destruction of Premises;

(g) Termination of Lease;

(h) Breach of Lease;

(i) Use of Premises;

(j) Term of Lease; and

(k) Security Deposit.

601.9-4. Assignment of leasehold interest for the purpose of financing shall be processed and

recorded at the appropriate office by the Division of Land Management. No assignment or

related encumbrance to the leasehold interest shall be valid without approval and recordation

through procedures established by the Division of Land Management.

601.9-5. In the event of default by the lessee of the terms of an approved encumbrance, and the

lessee’s assignment reaches the point of sale or foreclosure, the Division of Land Management

shall have the right to correct the default. If the default is corrected under these circumstances

the lessee will be subject to further proceedings which may lead to termination of lessee’s

lease, loss of improvements, revised payment schedule and/or garnishment of lessee’s wages in

order to pay the remainder of the default.

NOW THEREFORE BE IT FINALLY RESOLVED, that these Real Property law amendments are

hereby adopted and shall become effective on June 25, 2017.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54115-0365

Oneida-nsn.gov

Statement of Effect

Adoption of Real Property Law Amendments

Summary

This Resolution adopts amendments to the Real Property law which would:

 Remove hearing body authority from the Oneida Land Commission and transfer it to the

Judiciary;

 Update the probate process;

 Add Wisconsin State real estate education requirements for persons purchasing property

on behalf of the Nation;

 Remove provisions related to rental housing opportunities provided by the Nation as that

subject matter is now contained in the Landlord-Tenant law;

 Remove provisions related to mortgages and foreclosures within the Nation’s programs

as that subject matter is now contained in the Mortgage and Foreclosure law;

 Remove provisions related to terminating or evicting from the Nation’s leasing or rental

programs as that subject matter is now contained in the Eviction and Termination law;

and

 Remove provisions related to leasing from the Nation as that subject matter is now

contained in the Leasing law.

By: Krystal L. John, Staff Attorney

Analysis

This resolution adopts amendments to the Real Property law which was adopted by resolution

BC-05-29-96-A and thereafter amended by resolutions BC-03-01-06-D, BC-04-28-10-E, and

BC-02-25-15-C.

In addition to the items amended as summarized above, these amendments to the Real Property

law also delegate administrative rulemaking authority to various parties. The Division of Land

Management and the Oneida Land Commission are delegated joint authority to create rules that

further govern probate administration and requests for land use licenses and easements. The

Oneida Land Commission and the Comprehensive Housing Division are delegated joint

authority to create rules governing residential sales by the Nation. The Oneida Planning

Department is delegated authority to create Land Use Technical Unit, provided that they are

required to work in collaboration with affected Oneida divisions, departments and the Oneida

Land Commission in developing such rules.

The effective date of the law is extended to June 25, 2017, to align with the required effective

date for all rules required to be developed by these amendments, provided that the resolution

permits the rules related to residential sale to become effective sooner than June 25, 2017. The

Residential sales rule is permitted to become effective sooner because the Real Property law

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previously contained a general delegation of rulemaking authority to implement the law which

would have allowed the residential sales rule to be adopted without requiring these amendments.

As noted above, these amendments to the Real Property law also removed various provisions

with subject matter that has been transferred to newly developed laws, including the Leasing law.

The Leasing law was adopted and subsequently amended by the Oneida Business Committee,

but is not yet effective because it is pending approval with the Secretary of the Department of

Interior. In the event that the Leasing law is not yet approved and made effective by the June 25,

2017, which is the effective date of these Real Property law amendments, the resolution provides

leasing provisions which will govern until the Leasing law becomes effective.

Public meetings were held on October 20, 2016 and December 1, 2016 in accordance with the

Legislative Procedures Act.

Conclusion

Adoption of these amendments does not conflict with the Nation’s laws.

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Analysis to draft #8 for OBC Consideration

2017 01 25

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Real Property Law Amendments

5

Analysis by the Legislative Reference Office

Real Property law (amendments)

Drafter

Analyst

David P. Jordan

Krystal L. John

Maureen Perkins

Land Commission

Requester &

While the primary focus of the amendments is to transfer hearing body authority from

Reason for

the land Commission to the Judiciary, the law requires extensive updating to provide

Request

greater clarity as to the intent of the law. Additionally, content was pulled from this law

and created into other laws.

The purpose of this law is to provide regulations and procedures for the transfer,

control and management of the territory within the Reservation and all tribal land; to

integrate these regulations and procedures with the real property laws and practices of

Purpose

other federal and state sovereigns which may hold jurisdiction within the reservation;

and to establish licensing and certification requirements for the Nation’s employees

dealing with real property transactions.

Oneida Land Commission, Division of Land Management, Comprehensive Housing

Authorized/

Division, Oneida Judiciary, Oneida Nation Register of Deeds, Oneida Planning

Affected Entities

Department

Related

Mortgage and Foreclosure law, Land Ordinance, Leasing law, Landlord-Tenant law,

Legislation

Eviction and Termination law, Public Use of Tribal Land law, Land Commission Bylaws

All involuntary transfers of title require a Judiciary hearing [see 601.7-3].

The Division of Land Management shall process and administer probate estates and,

where necessary, shall refer probate estates to the Oneida Judiciary for formal

Enforcement &

administration [see 601.8-1].

Due Process

The Judiciary shall hear and administer disputed probate estates or matters requiring

appointment of a guardian ad litem and shall have all the above powers conferred

upon the Division of Land Management in such cases [see 601.8-2].

Public meetings were held October 20, 2016 and December 1, 2016. The LOC has

fully considered all public comments received during the public comment period; and

Public Meeting

any changes made based on the public comments received have been incorporated

Status

into this draft.

Title

Sponsor

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Overview

The Real Property Law has been redrafted; pulling out content into three separate laws

(Landlord-Tenant, Mortgage and Foreclosure, and Eviction and Termination).1 Additionally,

hearing body authority was removed from the Land Commission and transferred to the Judiciary,

the probate process was updated and Wisconsin State real estate education and testing

requirements were added for persons purchasing property on behalf of the Nation.

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Analysis to draft #8 for OBC Consideration

2017 01 25

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Provisions were pulled from the current Real Property Law and drafted into the following laws:

 Provisions related to rental housing opportunities provided by the Nation were drafted

into the Landlord-Tenant law.

 Provisions related to mortgages and foreclosures within the Nation’s mortgage programs

were drafted into the Mortgage and Foreclosure law.

 Provisions related to terminating or evicting from the Nation’s leasing or rental programs

were drafted into the Eviction and Termination law.

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Proposed Amendments

The Rules of Statutory Construction [see 67.2 of current law] were removed from the

current Real Property law as this provision was intended to guide contested cases; these

provisions are not necessary under this amended draft because the Judiciary will hear

contested cases – these rules are not typically included in laws.

The probate section [see 67.9 of current law] was reworked and the Division of Land

Management and the Oneida Land Commission were given rulemaking authority to

jointly develop rules related to probate [see 601.8] under the Administrative Rulemaking

law.

Real Estate Trust Accounts section [see 67.10 of current law] was removed as these

functions are performed through the rules under the Mortgage and Foreclosure law and

detail regarding where the funds are kept is not necessary in this law.

The Leasing law references tribal land only and does not include Tribal fee land [see

602.4-3]. The Leasing law is drafted to align with the HEARTH Act (federal legislation)

which only applies to tribal land and excludes lands held in fee status, held in trust for

individual Indian landowners as well as mineral leases. These proposed Real Property

law amendments state that all leases, go through the Leasing law process regardless of

whether the lease is on Tribal trust land or Tribal fee land [see 601.9-1].

General contracts were removed from the records section [see 601.10]. There was little

guidance under the current law [see 67.12-2 of current law] and records that were not

useful were recorded. The amended law refocuses the Oneida Register of Deeds to only

accept records that affect land titles.

The real estate licensing section [see 67.13 of current law] was amended to remove the

Nation’s Tribal Property License requirement and instead require State of Wisconsin real

estate education and exam. Under the amended law, Wisconsin Real Estate education

and exam is required for all persons performing real estate closings [see 601.11-1]. An

Oneida specific training is still required that focuses directly on the Nation’s acquisition

goals and the unique circumstances that apply to Indian nations. Persons acquiring Tribal

fee land on behalf of the Nation are regular employees of the Nation and are not be

eligible for a commission [601.11-1(a)]. Requiring State of Wisconsin education and

exam places those who purchase land on behalf of the Nation on equal footing with the

seller, which is an advantage to the Nation. Also, the Nation’s Tribal Property License

program lacked oversight, which will now be provided through Wisconsin State real

estate education. Finally, by requiring Wisconsin real estate education the Land

Commission is removed from enforcement issues arising from questions regarding

licensing complaints.

The amendments require that two additional Division of Land Management staff are

educated and trained as backups to the primary staff member engaged in acquisition of

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Analysis to draft #8 for OBC Consideration

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land on behalf of the Nation [see 601.11-1(b).]

Trust Asset and Accounting Management System (TAAMS) certification was added to

the real estate licensing and certification section [see 601.11-2]. The TAAMS system is

required by the BIA to track land title documents and land transactions, contracts and

leases as well as reporting.

The Tribal Real Estate Tax section was removed from the current law [see 67.15 of

current law] because the Real Estate Tax Code referenced was never developed and is

not currently intended to be developed.

The Land Ordinance is applicable only to valid land assignments existing as of January 1,

2016, and is repealed when the last existing land assignment expires. Further, the

amendments add that the Nation may not acknowledge any new land assignments – and

in order to be eligible for a Tribal loan issued against an interest in a land assignment, it

must first be converted to a residential lease [see 601.2-4 and current 67.5-4]. Land

assignments are being phased out because the Nation no longer uses land assignments

and has moved to residential leases instead.

The term of office was removed from the Organization section pertaining to the Oneida

Land Commission [see 67.16-2(b) of current law] as this detail appropriately appears in

the bylaws of the Land Commission. The amended law only includes the Land

Commission’s responsibilities that are directly related to this law [see 601.12-3].

The disposition of estates of deceased Tribal members section of the current law [see

67.9] was amended to the probate section [see 601.8].

 The amended law moves the appointment of a personal representative

earlier in the process [see 601.8-1(j)].

The Oneida Land Commission will no longer have the authority to create the Nation’s

seal to be used by the Division of Land Management [see 67.12-6 of current law]. The

Nation’s seal will now be provided by the Tribal Secretary [see 601.10-5].

Rulemaking Authority

The following entities have been granted Rulemaking Authority to develop rules under this law:

 The Division of Land Management and the Oneida Land Commission shall jointly

develop rules regarding requests for easements for landlocked properties [see 601.73(e)].

 The Division of Land Management and the Oneida Land Commission shall further

develop rules related to probate [see 601.8-1]. The rules will include timelines to ensure

timely probate completion and land consolidation [see 601.7-3(c)(3)].

 The Oneida Land Commission shall develop rules to allocate and assign land uses to all

Tribal land, except uses governed by the Public Use of Tribal Land law [see 601.122(e)].

 The Oneida Land Commission and the Comprehensive Housing Division shall exercise

joint rulemaking authority to provide process requirements, including but not limited to

advertising, notice, prequalification, and selection, that apply in all circumstances when

the Nation is selling a residential property [see 601.12-1].

 The Division of Land Management and the Oneida Land Commission shall develop

easement and land use license rules [see 601.12-3(a)].

 The Oneida Planning Department shall develop the Land Use Technical Unit rules in

collaboration with the Oneida Land Commission [see 601.12-2(e)].

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Draft 8 – For OBC Consideration

2017 01 25

Title 6. Property and Land – Chapter 601

REAL PROPERTY

Tok^ske Kayanl^hsla Tsi> Ni>yohuntsya=t#

The real/certain laws of the territory of the nation

601.1.

601.2.

601.3.

601.4.

601.5.

601.6.

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Purpose and Policy

Adoption, Amendment, Repeal

Definitions

General Provisions

Holding of Ownership

Legal Descriptions

601.7.

601.8.

601.9.

601.10.

601.11.

601.12.

Title Transfer

Probate

Leasing of Real Property

Records

Real Estate Education Requirements and Certifications

Organization

601.1.

Purpose and Policy

601.1-1. Purpose. The purpose of this law is to provide regulations and procedures for the

transfer, control and management of the territory within the Reservation and all tribal land; to

integrate these regulations and procedures with the real property laws and practices of other

federal and state sovereigns which may hold jurisdiction within the Reservation; and to establish

licensing and certification requirements for the Nation’s employees dealing with real property

transactions.

601.1-2. Policy. It is the policy of the Nation to set out the responsibilities and expectations for

persons purchasing and/or managing real property on behalf of the Nation and/or within the

Reservation and to provide real property holder’s rights and responsibilities. In addition, it is the

Nation’s policy that probated estates shall be settled expeditiously and without undue delay.

601.2.

Adoption, Amendment, Repeal

601.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-29-96-A

and amended by resolutions BC-3-01-06-D, BC-04-28-10-E, BC-02-25-15-C and BC-05-13-15B.

601.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to

the procedures set out in the Legislative Procedures Act.

601.2-3. Should a provision of this law or the application thereof to any person or

circumstances be held as invalid, such invalidity shall not affect other provisions of this law

which are considered to have legal force without the invalid portions.

601.2-4. In the event of a conflict between a provision of this law and a provision of another

law, the provisions of this law shall control. Provided that, the Land Ordinance is applicable

only to valid land assignments existing as of January 1, 2016 and is hereby repealed upon the

expiration of the last existing land assignment.

601.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

601.3.

Definitions

601.3-1. This section shall govern the definitions of words and phrases used within this law.

All words not defined herein shall be used in their ordinary and everyday sense, subject to 601.45.

(a) “Broker” means a person who acts as an agent and negotiates the sale, purchase or

rental of real property on behalf of others for a fee.

(b) “Certified Survey Map” means a map which provides the legal description of real

property and is officially filed and approved by the county, Tribal or municipal

governments.

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(c) “Comprehensive Housing Division” means the entity responsible for housing matters

as defined by Oneida Business Committee Resolution.1

(d) “Easement” means a real property right to cross or otherwise utilize the land of

another for a specified purpose.

(e) “Estate” means a person’s interest in real property or other property.

(f) “Fiduciary” means a person required to act for the benefit of another person on all

matters within the scope of their relationship and by such a relationship owes another

duties of good faith, trust, confidence and candor. For the purposes of this law, both

brokers and salespersons are “fiduciaries.”

(g) “Guardian Ad Litem” means a guardian appointed by the Judiciary on behalf of an

incompetent or minor party.

(h) “Individual Fee Land” means real property held in fee status by an individual or

group of individuals.

(i) “Individual Trust Land” means individual Tribal land held in trust by the United

States of America for the benefit of a Tribal member.

(j) “Judiciary” means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and

responsibilities of the Nation.

(k) “Land Use License” means an agreement entered into by the Nation providing a party

the right to occupy and/or utilize a specified piece of Tribal land for a specific purpose

and a specific duration, which may require the Nation to be compensated for such use.

(l) “Leasehold Mortgage” means a mortgage, deed of trust, or other instrument that

pledges a lessee’s leasehold interest as security for a debt or other obligation owed by the

lessee to a lender or other mortgagee.

(m) “Nation” means the Oneida Nation.

(n) “Personal Representative” means a person to whom authority to administer a

decedent’s estate have been granted by the Division of Land Management or the

Judiciary.

(o) “Probate” or “Administration” means any proceeding relating to a decedent’s estate,

whether there is or is not a will.

(p) “Real Property” means land and anything growing on, attached to, or erected on the

land, excluding anything that may be severed without injury to the land.

(q) “Reservation” means all the property within the exterior boundaries of the

Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida

7 Stat. 566, and any lands added thereto pursuant to federal law.

(r) “Restricted Fee Status” means an interest in real property which includes a provision

in the deed or will that, upon the happening or failure to happen of a certain event, the

title of the purchaser or devisee will be limited, enlarged, changed or terminated.

(s) “Rule” means a set of requirements, including fee schedules, enacted by the

Comprehensive Housing Division, Division of Land Management, Oneida Planning

Department and/or the Oneida Land Commission in accordance with the Administrative

Rulemaking law based on authority delegated in this law in order to implement, interpret

and/or enforce this law.

1

See BC Resolutions 08-10-16-L, 10-12-16-B and 10-12-16-D defining the Comprehensive Housing Division for

purposes of the Mortgage and Foreclosure law, Eviction and Termination law and Landlord-Tenant law

respectively.

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(t) “TAAMS” (Trust Asset and Accounting Management System) means the Bureau of

Indian Affairs system for maintaining and tracking land title documents and all legal

documents relating to land transactions.

(u) “Title Status Report” means a report issued by the Bureau of Indian Affairs after a

title examination which shows the proper legal description of a tract of Tribal land;

current ownership, including any applicable conditions, exceptions, restrictions or

encumbrances on records; and whether the land is in unrestricted, restricted, trust, or

other status as indicated by the records in a Land Titles and Records Office. (v) “Tribal

Fee Land” means Tribal land held in fee status by the Nation within the Reservation.

(v) “Tribal Land” means Tribal fee land and Tribal trust land.

(w) “Tribal Member” means an individual who is an enrolled member of the Nation.

(x) “Tribal Trust Land” means the surface estate of land or any interest therein held by

the United States in trust for the Nation; land held by the Nation subject to federal

restrictions against alienation or encumbrance; land reserved for federal purposes; and/or

land held by the United States in trust for the Nation under Section 17 of the Indian

Reorganization Act, 25 U.S.C §477, et. seq.

601.4.

General Provisions

601.4-1. Applicable Real Property. The provisions of this law extend to all Tribal member’s

individual fee land and Tribal member’s individual trust land within the Reservation boundaries

and all Tribal land.

601.4-2. Tribal Land Base. The Division of Land Management shall administer all transactions

which add real property to the Tribal land base under the provisions of this law.

601.4-3. Sale of Tribal Land Prohibited. The sale of Tribal land is specifically prohibited by

this law, unless the intent of the transaction is the consolidation or partition of Tribal trust land

and/or individual trust land.

601.4-4. New Land Assignments Prohibited. The Nation may not acknowledge any new land

assignments. Further, in order to be eligible for a Tribal loan issued against a real property

interest held as a land assignment, the land assignment shall first be converted to a residential

lease.

601.4-5 Wisconsin Probate Code and its Related Chapters. In instances where the Nation

lacks definition, procedure, or legal precedent in a probate matter, the Nation shall use

Wisconsin’s Probate Code and its related chapters for guidance.

601.4-6. Wisconsin Real Property Law. The Nation shall follow all applicable portions of the

Wisconsin Real Property Law when acquiring individual fee land.

601.4-7. No Waiver of Sovereign Immunity. Nothing in this law may be construed as a waiver

of the Nation’s sovereign immunity.

601.5.

Holding of Ownership

601.5-1. Interests in real property by more than one (1) person may be held in the following

ways:

(a) Joint Tenancy with the Right of Survivorship. Pursuant to this ownership mechanism

each owner has an equal, undivided interest in the real property. When an owner dies,

his/her share is divided among the remaining owners; the last living owner owns the

entire property.

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(1) Real property owned by married persons is held under this mechanism unless

they have executed a valid marital property agreement specifically stating that the

real property in question is held as tenants in common.

(b) Tenancy in Common. Pursuant to this ownership mechanism each owner has a

percentage of divided interest in the real property. When an owner dies, his/her interest

is divided among his/her devisees or heirs.

(1) Real property owned by more than one (1) person, other than married persons,

is owned under this mechanism unless a deed or transfer document specifically

states the real property is held as joint tenants with rights of survivorship.

601.6.

Legal Descriptions

601.6-1. The legal description for any real property transferred under this law shall be derived

from a certified survey map or survey completed by a registered land surveyor according to

currently accepted minimum industry standards for property surveys. If the plat of survey

changes the legal description of the certified survey map for the same piece of property, the

certified survey map’s legal description shall be used on transfer documents along with the

survey description, which shall be designated as “Also Known As ...” Section, township, range

and fourth principal meridian shall be included in all legal descriptions.

601.6-2. Every land survey shall be made in accordance with the county register of deeds’

records for fee land, and in accordance with the Oneida Nation Register of Deed’s records for

Tribal Trust Lands and Individual Trust Lands. The surveyor shall acquire data necessary to

retrace record title boundaries such as deeds, maps, certificates of title, title status reports, Tribal

leases, Tribal home purchase agreements, center line and other boundary line locations.

601.6-3. Legal descriptions defining land boundaries shall be complete, providing unequivocal

identification of line or boundaries.

601.6-4. All surveys prepared for the Nation shall comply with survey requirements outlined in

the Wisconsin Administrative Code, Chapter A-E7 and indicate setbacks, building locations and

encroachments, as applicable.

601.6-5. Legal descriptions shall be used on transfer documents formalizing a purchase, real

estate sale, lease, foreclosure, probate transfer, trust acquisition and Tribal resolutions.

601.6-6. When real estate is listed, noticed and/or advertised as available for sale, rent or lease

to Tribal members, the address is an adequate legal description of the real property.

601.7.

Title Transfer

601.7-1. Trust Acquisition. The Division of Land Management shall use title companies duly

registered with the Department of Interior and approved by the Division of Land Management to

update abstracts or provide title insurance on real property scheduled for trust acquisition.

(a) Title companies shall follow general guidelines provided by the federal government

in terms of form, content, period of search, destroyed or lost records and abstracter’s

certificate.

(b) When researching land title for real property within the Reservation which is being

considered for trust acquisition, the Division of Land Management staff shall request the

title company to search the title back to the original allottee, in order to assure that

patents or Indian deeds were legally issued.

(c) Any valid liens or encumbrances shown by the commitment for title insurance shall

be eliminated before the title is transferred into trust.

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(d) After land is in trust both a title search of county records and a title status report

requested by the Division of Land Management from the Bureau of Indian Affairs shall

verify all valid encumbrances, if any, on the title. For the purposes of this section, a valid

encumbrance is one that has been preapproved, in writing, by the Division of Land

Management based on a standard operating procedure that is effective upon approval by

the Oneida Land Commission.

(e) Division of Land Management applications to convert Tribal fee land into Tribal trust

land require an Oneida Land Commission resolution approving the said conversion.

601.7-2. Deeds. A deed is the formal document used by the Division of Land Management to

transfer title from one party to another.

(a) A valid deed shall:

(1) Be in writing;

(2) Identify the grantor (seller) and grantee (buyer);

(3) Provide the legal description of the real property;

(4) Identify the interest conveyed, as well as any conditions, reservations,

exceptions, or rights of way attached to the interest;

(5) Be signed by or on behalf of each of the grantors (sellers);

(6) Be signed by or on behalf of each spouse of each of the grantors (sellers), if

applicable; and

(7) Be delivered to the grantee (buyer).

(b) In addition to the requirements listed in section 601.7-3(a), a deed prepared for trust

acquisition shall include:

(1) The federal authority for trust acquisition;

(2) Any exceptions or exclusions from the State of Wisconsin’s fees or other

transfer requirements;

(3) The approximate acreage of the real property being transferred to trust; and

(4) The authority and signature of the appropriate Department of Interior official

who accepts the real property into trust.

(c) A deed transferring fee simple title shall be recorded in the appropriate register of

deeds office, provided that, once the real property is in trust, the title shall be recorded

with the Oneida Nation Register of Deeds and the Bureau of Indian Affairs Land Titles

and Records Office.

601.7-3. Involuntary Transfer of Title. All involuntary transfers of title require a hearing and

order from the Judiciary, and may occur in the following ways:

(a) Eminent Domain. Eminent domain is the right of the Nation’s government to acquire

Tribal member individual fee land within the Reservation for public uses without the

consent of private owners.

(1) For the purposes of this section, public uses include, but are not limited to,

environmental protection, streets, highways, sanitary sewers, public utility/sites,

waste treatment facilities and public housing.

(2) Prior to exercising eminent domain, the Nation shall first attempt to negotiate

an agreeable taking by making an offer to purchase based on an appraisal of the

real property. The appraisal amount may be based on an appraisal provided by

the Nation. In the event the property owner objects to the Nation’s appraisal, they

may obtain an independent appraisal at their own cost. For the purposes of this

section, an appraisal means process for estimating a piece of real property’s value.

(3) The Nation’s exercise of eminent domain may be appealed to the Judiciary.

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(b) Foreclosure. Foreclosures may occur subject to the Mortgage and Foreclosure law

when a Tribal member ceases payment on a leasehold mortgage.

(c) Tribal Land Consolidation. Section 207 of the Indian Land Consolidation Act

(Pub.L. No. 97-459, 96 Stat. 2515, and amended on October 30, 1984 by Pub.L. No. 98608, 98 Stat. 3171) is incorporated into this law, which provides a mechanism for real

property within the Reservation to escheat, or pass, to the Nation.

(1) Pursuant to section 207 of the Indian Land Consolidation Act, an ownership

interest in real property escheats, or passes, to the Nation under the following

circumstances, provided that the Nation shall provide just compensation for the

interest:

(A) The real property is within the Reservation boundaries;

(B) The decedent’s ownership in the given parcel of land is two percent

(2%) or less of the total acreage; and

(C) The interest is incapable of earning one hundred dollars ($100.00) in

any one (1) of the five (5) years immediately following the decedent’s

death.

(2) A decedent’s heirs may appeal a land consolidation under this section to the

Judiciary.

(3) Land consolidation is subject to the probate requirements, as included in this

law and accompanying rules.

(d) Transferring Interests Inherited by Non-Tribal Members. If the owner of an interest

of real property which is held in trust or restricted fee status located within the

Reservation devises such interest to a non-Tribal member, the Nation may acquire the

said interest by paying the fair market value of the interest determined as of the date of

the decedent’s death. Such transfer is effective upon receipt of an order transferring

inherited interests from the Judiciary pursuant to section 205 of the Indian Land

Consolidation Act.

(1) An order transferring inherited interests may not be granted if:

(A) While the decedent’s estate is pending, the non-Indian devisee

denounces his or her interest in favor of a Tribal member person;

(B) The interest is part of a family farm that is devised to a member of the

immediate family of the decedent, provided that such a restriction shall be

recorded as part of the deed relating to the interest involved; or

(C) The devisee agrees in writing that the Nation may acquire the interest

for fair market value only if the interest is offered for sale to a person or

entity that is not a member of the immediate family of the owner of the

interest.

(e) Easements for Landlocked Properties. The Division of Land Management and the

Oneida Land Commission shall jointly develop rules regarding requests for easements for

landlocked properties.

601.7-4. Division of Land Management shall work with the Oneida Law Office in order to

pursue an involuntary transfer of title.

601.8.

Probate

601.8-1. The Division of Land Management shall process and administer probate estates and,

where necessary, shall refer probate estates to the Oneida Judiciary for formal administration.

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The Division of Land Management and the Oneida Land Commission shall jointly create any

rules necessary to administer probate estates. The Division of Land Management shall:

(a) Process applications for probate administration;

(b) Receive proof of heirship demonstrating a party is entitled to receive an intestate

decedent’s property pursuant to applicable laws and rules;

(c) Receive consent to serve forms and in undisputed matters, issue domiciliary letters;

(d) Require and receive affidavits of service;

(e) Receive waiver and consent to probate administration forms and any related

affidavits;

(f) Issue notice to creditors of the probate’s administration, receive creditor claims for

consideration and settlement, and issue discharge of creditors when appropriate;

(g) Receive and process all estate inventories;

(h) Receive and process, when possible, land transactions in accordance with this law and

receive proof of recording documents;

(i) Receive estate receipts;

(j) In undisputed matters, receive and process statement of personal representative to

close estate and issue discharge of personal representative; and

(k) Refer disputed matters to the Judiciary, transfer probate and related documents, and

participate in the Judiciary’s proceedings as necessary.

601.8-2. The Judiciary shall hear and administer disputed probate estates or matters requiring

appointment of a guardian ad litem and shall have all the above powers conferred upon the

Division of Land Management in such cases. In addition, the Judiciary shall hear and administer

probate estates in which the Division of Land Management seeks appointment as a personal

representative.

601.9.

Leasing of Real Property

601.9-1. The Division of Land Management shall administer and process all leasing of Tribal

land for residential, agricultural and commercial purposes in accordance with the Leasing law.

The Leasing law definition of Tribal land does not include Tribal fee land; pursuant to this law,

the Division of Land Management shall administer and process all leases of Tribal fee land

lasting longer than one (1) year that are not made as part of the homeownership program using

federal funding in accordance with the Leasing law.

601.10. Records

601.10-1. Purpose. The Division of Land Management shall oversee the administration of the

Oneida Nation Register of Deeds which shall accept and record documents related to real

property located within the Reservation.

601.10-2. Types of Records. The Oneida Nation Register of Deeds may only accept documents

that provide evidence of activities affecting real property title, preserve the record of a title

document and give constructive notice of changes to a title document. Further, said documents

shall be originals, signed duplicates or certified copies. The following documents may be

accepted by the Oneida Nation Register of Deeds.

(a) Deeds;

(b) Probate orders;

(c) Mortgages and other valid liens;

(d) Easements, covenants, and restrictions;

(e) Certified survey maps and plats of survey;

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(f) Patents;

(g) Declarations of involuntary transfer or taking;

(h) Satisfactions;

(i) Leases made pursuant to the Leasing law;

(j) Home ownership agreements made pursuant to the Landlord-Tenant law;

(k) Marriage agreements; and

(l) Correction of title defects.

601.10-3. Accessibility. The Oneida Nation Register of Deeds shall provide open access to land

records and title documents.

601.10-4. Trust Land. All documents pertaining to Tribal trust land and Individual trust land

shall be recorded with the Oneida Nation Register of Deeds and the Bureau of Indian Affairs

Land Titles and Records Office.

601.10-5. Tribal Seal. The Nation’s Secretary shall provide the Division of Land Management

with the Nation’s seal to be used to authenticate documents which are certified by the Oneida

Nation Register of Deeds.

601.11. Real Estate Education Requirements and Certifications

601.11-1. Wisconsin Real Estate Education and Exam Required. All persons engaging in the

acquisition of Tribal fee land on behalf of the Nation, specifically those performing real estate

closings, shall pass the Wisconsin Real Estate License Exam. Such persons are not required to

obtain a Wisconsin Real Estate License, but are required to fulfill the pre-license education

requirement, pass the licensing exam and fulfill a minimum of twelve (12) hours or four (4)

courses of continuing education requirements as required of Wisconsin real estate licensees. The

Division of Land Management Director shall select which continuing education courses are

required and the Oneida Law Office shall provide the Director with a recommendation. In

addition to Wisconsin’s minimum education requirements as applied to the Nation’s real estate

employees in this law, the Division of Land Management shall require such employees to attend

real estate training specific to the Nation’s goals and unique positions as the Oneida Law Office

shall offer on an as-needed basis.

(a) While Wisconsin real estate law allows persons engaged in the sale of real estate to

earn a commission, persons acquiring Tribal fee land on behalf of the Nation are regular

employees of the Nation and, therefore, shall waive any commission for which they

might otherwise be eligible.

(b) It is critical to the Oneida Nation’s goal to reacquire property within the original

Reservation boundaries to have employees educated and experienced in executing real

estate transactions. Accordingly, the Division of Land Management shall employ a

minimum of one (1) employee whose primary focus is real estate acquisitions and shall

ensure that a minimum of two (2) employees are educated and trained as backups to the

primary.

601.11-2. TAAMS Certification Required. All persons responsible for encoding leasing

information shall obtain a TAAMS certification, which includes, but is not limited to, the

following positions:

(a) Residential and Commercial Leasing Specialists;

(b) Land Title and Trust Manager; and

(c) Title Examiner.

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601.11-3. Fiduciary Responsibility. All persons engaged in the buying or selling of Tribal land

shall, at all times, act as a fiduciary to the Nation. Further, all such persons shall comply with all

applicable Tribal and federal laws.

601.12. Organization

601.12-1. Comprehensive Housing Division. The Comprehensive Housing Division shall

oversee all residential transactions, excluding residential leases, within the Reservation and shall

process and administer said transactions using the applicable of the Landlord-Tenant law, the

Mortgage and Foreclosure law and/or the Eviction and Termination law. In addition, the Oneida

Land Commission and the Comprehensive Housing Division shall exercise joint rulemaking

authority to provide process requirements, including but not limited to advertising, notice,

prequalification, and selection, that apply in all circumstances when the Nation is selling a

residential property.

601.12-2. Oneida Land Commission. The Oneida Land Commission is comprised of seven (7)

elected Tribal members and shall:

(a) Interpret the provisions of this law and create policy to guide the Division of Land

Management in implementing the same;

(b) Approve or deny all easements and land use licenses;

(c) Review and adopt the Division of Land Management’s standard operating procedures

for entering into agriculture and commercial leases pursuant to the Leasing law;

(d) Approve or deny all acquisition of Tribal land;

(e) Allocate and assign land uses to all Tribal land, except those uses governed by the

Public Use of Tribal Land law, based on the Land Use Technical Unit rules which the

Oneida Planning Department shall develop in collaboration with affected Oneida

divisions and departments and the Oneida Land Commission; and

(f) Name all buildings, roads, parks and the like on Tribal land.

601.12-3. Division of Land Management. The Division of Land Management shall implement

this law in accordance with the policy directives provided by the Oneida Land Commission. The

Division of Land Management shall:

(a) Forward requests for easements and land use licenses to the Oneida Land

Commission based on the easement and land use license rules jointly developed by the

Division of Land Management and the Oneida Land Commission;

(b) Administer and oversee the Oneida Nation Register of Deeds;

(c) Enter into and administer residential, agricultural and commercial leases pursuant to

the Leasing law and the Eviction and Termination law and any corresponding rules;

(d) Prepare title reports and process trust transactions; and

(e) Process land acquisition transactions as approved by the Oneida Land Commission.

End.

Adopted - BC-5-29-96-A

Amended-BC-3-01-06-D

Amended-BC-04-28-10-E

Amended – BC-02-25-15-C

Amended-BC-05-13-15-B

6 O.C. 601 – Page 9

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Finance

MEMORANDUM

DATE:

January 16, 2017

FROM:

Rae Skenandore, Project Manager

TO:

Larry Barton, Chief Financial Officer

Ralinda Ninham-Lamberies, Assistant Chief Financial Officer

RE:

I.

Fiscal Impact of the Real Property Amendments

Background

This Law was adopted by the Oneida Business Committee by resolution BC-5-29-96-A

and amended by resolutions BC-3-01-06-D, BC-04-28-10-E, BC-02-25-15-C and BC-0513-15-B. A public meeting was held on December 22, 2016. The fiscal analysis was

completed on Draft eight (8). Public meetings were held October 20, 2016 and

December 1, 2016. According to the Legislative Reference Office, the new Law contains

the following:



Amendments to the Real Property Law incorporate the Leasing Law by reference, and

upon adoption will replace the version of this Law adopted by BC-05-13-15-B.



Provisions were removed from the current Real Property Law and drafted into the

following Laws:

o Provisions related to rental housing opportunities provided by the Nation were drafted

into the Landlord-Tenant Law.

o Provisions related to mortgages and foreclosures within the Nation’s mortgage

programs were drafted into the Mortgage and Foreclosure Law.

o Provisions related to terminating or evicting from the Nation’s leasing or rental

programs were drafted into the Eviction and Termination Law.



The Rules of Statutory Construction were removed from the current Real Property Law.



The probate section was changed and the Division of Land Management and the Oneida

Land Commission have rulemaking authority to jointly develop probate rules.

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

Real Estate Trust Accounts section was removed and added under the Mortgage and

Foreclosure Law.



The proposed Real Property Law amendments state that all leases, go through the

Leasing Law process for renewal and approval.



General contracts were removed from the records section. The amended Law refocuses

the Oneida Register of Deeds to only accept records that affect land titles.



The Real Estate Licensing section was amended.

o The Nation’s Tribal Property License requirement is replaced with the State of

Wisconsin Real Estate pre-license educational requirements, continuing education

requirements and the Wisconsin Real Estate License exam.

o Wisconsin Real Estate education and exam is required for all persons performing

real estate closings. However, the persons are not required to obtain a WI license.

o An Oneida specific training is still required that focuses directly on the Nation’s

acquisition goals and the unique circumstances that apply to Indian Nations.

o Persons acquiring Tribal fee land on behalf of the Nation are regular employees of

the Nation and are not be eligible for a commission or any related form of

compensation or remuneration.

o Requiring State of Wisconsin education and exam places those who purchase land

on behalf of the Nation on equal footing with the seller, which is an advantage to

the Nation.

o The Land Commission is removed from enforcement issues arising from

questions regarding licensing complaints or disputes.

o The amendments require that two (2) additional Division of Land Management

staff are educated and trained as backups to the primary staff member engaged in

acquisition of land on behalf of the Nation.



Trust Asset and Accounting Management System (TAAMS) certification was added to

the Real Estate Licensing and Certification section. The TAAMS system is required by

the BIA to track land title documents and land transactions, contracts and leases as well

as reporting.

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

The Tribal Real Estate Tax section was removed from the current Law because the Real

Estate Tax Code referenced has yet to be developed and is not currently intended to be

developed.



The Land Ordinance is applicable only to valid land assignments existing as of January 1,

2016, and is repealed when the last existing land assignment expires. Further, the

amendments add that the Nation may not acknowledge any new land assignments and in

order to be eligible for a Tribal loan issued against an interest in a land assignment, it

must first be converted to a residential lease. Land assignments are being phased out

because the Nation no longer assigns land, instead a residential lease is utilized.



The term of office was removed from the Organization section pertaining to the Oneida

Land Commission as this detail appropriately appears in the Bylaws of the Land

Commission. The amended Law only includes the Land Commission’s responsibilities

that are directly related to this Law.



The disposition of estates of deceased Tribal members section of the current Law was

amended to the probate section.



The amended Law moves the appointment of a personal representative earlier in the

process.



The Oneida Land Commission will no longer have the authority to create the Nation’s

Official seal to be used by the Division of Land Management. The Nation’s seal will

now be provided by the Oneida Business Committee.



The following entities have been granted Rulemaking Authority to develop rules under

this Law:

o The Division of Land Management and the Oneida Land Commission shall

jointly develop rules regarding requests for easements for landlocked properties.

o The Division of Land Management and the Oneida Land Commission shall

further develop rules related to probate. The rules will include timelines to ensure

timely probate completion and land consolidation.

o The Oneida Land Commission shall develop rules to allocate and assign land uses

to all Tribal land, except uses governed by the Public Use of Tribal Land Law.

o The Oneida Land Commission and upon implementation, the Comprehensive

Housing Division shall exercise joint rulemaking authority to provide process

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requirements, including but not limited to advertising, notice, prequalification,

and selection, that apply in all circumstances when the Nation is selling a

residential property.

o The Division of Land Management and the Oneida Land Commission shall

develop easement and land use license rules.

o The Oneida Planning Department shall develop the Land Use Technical Unit

rules in collaboration with the Oneida Land Commission

II.

Executive Summary of Findings

A “Fiscal Impact Statement” means an estimate of the total fiscal year financial effects

associated with legislation and includes startup costs, personnel, office, documentation

costs, as well as an estimate of the amount of time necessary for an agency to comply

with the Law after implementation. Finance does NOT identify the source of funding for

the estimated cost or allocate any funds to the legislation.

According to the Division of Land Management, there are no projected increases in

expenses due to the implementation of these. All parties required to create administrative

rules under the Real Property Law shall have all such rules finalized to become effective

on June 25, 2017, provided that the rules related to residential sales by the Nation may

have an earlier effective date.

III.

Financial Impact

No impact.

IV.

Recommendation

The Finance Department does not make a recommendation in regards to course of action

in this matter. Rather, it is the purpose of this report to disclose potential financial impact

of an action, so that the Oneida Business Committee and General Tribal Council has full

information with which to render a decision.

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

2

/ 8

/ 17

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:

-Consider the Conflict of Interest Amendments for adoption.

-If the Business Committee does not approve the Conflict of Interest Amendments, please consider the

Conflict of Interest Emergency Amendments Extension for adoption, as the current emergency amendments

will expire February 10, 2017.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. COI Adoption Packet

3.

2. COI Emerg. Amend. Extension Packet

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens, LOC Chair

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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Oneida Nation

=DOOOOD=

PO Box365 • Oneida, WI54155-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

~

Oneida Business Committee

Legislative Operating Committee

Oneida Business Committee

_ .

Brandon Stevens, LOC Chairpersorf-February 8, 2017

Conflict of Interest Law Amendments

·35

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

of Interest Law Amendments:

1. Resolution: Conflict of Interest Law Amendments

2. Statement of Effect: Conflict of Interest Law Amendments

3. Conflict oflnterest Law Amendments Legislative Analysis

4. Conflict of Interest Law (Redline)

5. Conflict oflnterest Law (Clean)

6. Conflict oflnterest Law Amendments Fiscal Impact Statement

Overview

The attached Resolution will adopt petmanent amendments to the cunent Conflict of Interest

Policy (the "Policy) that are necessary in order to keep the Policy in compliance with

requirements set by the United States Depatiment of Housing and Urban Development.

Amendments to the Policy were adopted by the Oneida Business Committee (OBC) on an

emergency basis through Resolution BC-08-10-16-M. The emergency amendments expire on

February 10, 2017.

The petmanent amendments:

•

•

•

•

•

Refer to the Policy as the Conflict of Interest law (the "Law") moving forward;

Expand the definition of "conflict of interest" to include any interests, whether the

interest is real or apparent and to include any financial or familial interest an elected

official, officer, political appointee, employee, consultant, or appointed or elected

member of any board, committee or commission, or their immediate relatives may have

in any transaction between the Oneida Nation and an outside party [see 217.3-1 (b)];

Clarify and expand who the Law applies to, so the Law is consistent in its application to

the Nation's agents, elected officials, officers, political appointees, employees,

consultants, and appointed or elected members of a board, committee or commission;

Delegate responsibility to maintain, collect, and distribute conflict of interest disclosure

forms to the Nation's Human Resource Department (HRD) for employees, and the Office

of the Nation's Secretary for elected officials, officers, political appointees, and elected

or appointed members of a board, committee or commission [see 217.4-3];

Add penalties for failure to disclose a conflict of interest for elected officials, officers and

Page 1 of 2

A good mind. A good heart. A strong fire.

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•

•

•

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political appointees [see 217.5-2, and 217.5-4};

ClarifY that when a supervisor is provided with credible evidence that an employee failed

to disclose a conflict of interest, that employee will be placed on leave pursuant to the

Investigative Leave Policy, except this Law requires the investigation be completed

within seven (7) days, rather than the fifteen (15) days identified in the Investigative

Leave Policy [see 217.5-1];

Create a new section titled, "Prohibited Activities Resulting from a Disclosed Conflict of

Interest" which states that once a conflict of interest is disclosed an employee, consultant,

elected official, officer, agent, political appointee, or elected or appointed member of a

board, committee and commission cannot pmiicipate in the selection, award or

administration of any contract, including those contracts supported by a federal award, or

any activities identified in the Nation's laws, policies or rules [see 217.6-1];

Require the Nation's entities to create standard operating procedures and/or work

standards that outline fmiher prohibited activities resulting from a disclosed conflict of

interest, and identify ways to alleviate conflicts of interest so that a person is not

prohibited from participating in normal activities [see 217. 6-2].

A public meeting on the proposed amendments was held on January 3, 2017, in accordance with

the Legislative Procedures Act. The Legislative Operating Committee received no written or oral

comments during the public comment period ending on January 10, 2017.

Requested Action

Approve the Resolution: Conflict of Interest Law Amendments

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A good mind. A good heart. A strong fire.

~

ONEIDA

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # ________________

Conflict of Interest Law Amendments

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the Conflict of Interest Policy (the “Policy”) was adopted by the Oneida Business

Committee by resolution BC-06-10-98-C; and

WHEREAS,

an audit completed by the United States Department of Housing and Urban Development

(HUD) was received by the Oneida Nation on June 12, 2016, which showed that the

Policy was not incompliance with certain HUD requirements; and

WHEREAS,

HUD gave the Oneida Nation ninety (90) days to become compliance with HUD

requirements; and

WHEREAS,

the Oneida Business Committee adopted emergency amendments to the Policy pursuant

to Resolution BC-08-10-6-M in accordance with the emergency adoption process set

forth in the Legislative Procedures Act (LPA); and

WHEREAS,

the emergency amendments brought the Policy into compliance with HUD requirements;

and

WHEREAS,

the emergency amendments to the Policy expire February 10, 2017; and

WHEREAS,

the permanent amendments to the Policy are necessary to remain compliant with the

HUD requirements; and

WHEREAS,

permanent amendments include changing the Policy to a law to align with the Legislative

Operating Committee’s directive that all legislation is to be classified as laws moving

forward; and

WHEREAS,

amendments expand and clarify who the Law applies to so that the Law is consistently

applied to all of the Nation’s agents, elected officials, officers, political appointees,

employees, consultants, and appointed or elected members of a board, committee or

commission; and

WHEREAS,

the amendments delegate responsibility to maintain, collect, and distribute conflict of

interest disclosure forms to the Nation’s Human Resource Department (HRD) for

employees, and the Office of the Nation’s Secretary for elected officials, officers, political

appointees, and elected or appointed members of a board, committee or commission;

and

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BC Resolution _____________

Conflict of Interest Law Amendments

Page 2 of 2

WHEREAS,

the amendments add penalties for failure to disclose a conflict of interest for elected

officials, officers and political appointees; and

WHEREAS,

the amendments clarify when a supervisor is provided with credible evidence that an

employee failed to disclose a conflict of interest, that employee will be placed on leave

pursuant to the Investigative Leave Policy, except this Law requires the investigation be

completed within seven (7) days, rather than the fifteen (15) days identified in the

Investigative Leave Policy; and

WHEREAS,

the amendments specify that when an employee, consultant, elected official, political

appointee, officer, agent, or appointed or elected member of a board, committee or

commission discloses a conflict of interest, he or she may not participate in the selection,

award, or administration of a contract including contracts supported by a Federal award

or any other prohibited activities identified in the Nation’s laws, policies or rules; and

WHEREAS,

the amendments require the Nation’s entities to create standard operating procedures

and/or work standards that outline further prohibited activities resulting from a disclosed

conflict of interest and identify ways to alleviate and mitigate conflicts of interest; and

WHEREAS,

a public meeting on the amendments was held on January 3, 2017, in accordance with

the LPA, and no written or oral comments were received by the Legislative Operating

Committee during the public comment period ending on January 10, 2017.

NOW THEREFORE BE IT RESOLVED, that amendments to the Conflict of Interest law are hereby

adopted and are effective immediately.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Conflict of Interest Law Amendments

Summary

This Resolution adopts permanent amendments to the Conflict of Interest Law (the “Law”).

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

Analysis by the Legislative Reference Office

This resolution adopts permanent amendments to the Conflict of Interest Policy (the “Policy”).

In December 2015 the United States Department of Housing and Urban Development (HUD)

conducted an on-site monitoring review of the Oneida Housing Authority and provided a report

to the Nation on June 12, 2016 in which they found that the Nation’s Conflict of Interest Policy

was not in compliance with 2 CFR Section 200.318(c)(1), regarding contracts supported by a

federal award. The Nation was given ninety (90) days to bring the Conflict of Interest Policy into

compliance.

Section 16.9-5 of the Legislative Procedures Act (LPA) allows the Oneida Business Committee

(OBC) to take emergency action to amend a law where it is "necessary for the immediate

preservation of the public health, safety, or general welfare of the reservation population" and

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

LPA. Through Resolution BC-08-10-16-M, the OBC enacted emergency amendments to the

Policy to obtain compliance with HUD’s regulations.

The emergency amendments brought the Policy into compliance by implementing the following

revisions:

• Expanding the definition of “conflict of interest” to include any interests, whether the

interest is real or apparent and to include any financial or familial interest an elected

official, employee, consultant, or appointed or elected member of any board, committee

or commission, or their immediate relatives may have in any transaction between the

Oneida Nation and an outside party;

• Adding a n

This text is long and has been trimmed here. Open the source document for the complete record.