Oneida Business Committee (2020)

Tribal code

Ask Donna

What actually matters in this document.

Text

Public Packet

1 of 149

Oneida Business Committee

Executive Session

8:30 AM Tuesday, February 11, 2020

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, February 12, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and

present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.

I.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

V.

A.

Oneida Youth Leadership Institute Board - Marlon G. Skenandore

Sponsor: Lisa Summers, Secretary

B.

Oneida Airport Hotel Corporation Board of Directors - Kateri Baker

Sponsor: Lisa Summers, Secretary

C.

Oneida Election Board Ad Hoc Committee (GTC duties) - Tonya Webster

Sponsor: Lisa Summers, Secretary

MINUTES

A.

Approve the January 22, 2020, regular Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

Oneida Business Committee

Regular Meeting Agenda

Page 1 of 7

February 12, 2020

Public Packet

VI.

VII.

2 of 149

RESOLUTIONS

A.

Adopt resolution entitled Citations Law

Sponsor: David P. Jordan, Councilman

B.

Adopt resolution entitled Oneida Youth Conservation Project

Sponsor: Debbie Thundercloud, General Manager

APPOINTMENTS

A.

VIII.

Determine next steps regarding one (1) vacancy - Oneida Environmental Resource

Board

Sponsor: Lisa Summers, Secretary

STANDING COMMITTEES

A.

B.

LEGISLATIVE OPERATING COMMITTEE

1.

Accept the January 15, 2020, regular Legislative Operating Committee

meeting minutes

Sponsor: David P. Jordan, Councilman

2.

Approve the Southeastern Wisconsin Oneida Tribal Services Advisory Board

bylaws amendments

Sponsor: David P. Jordan, Councilman

QUALITY OF LIFE COMMITTEE

1.

Accept the December 12, 2019, regular Quality of Life Committee meeting

minutes

Sponsor: Brandon Stevens, Vice-Chairman

Oneida Business Committee

Regular Meeting Agenda

Page 2 of 7

February 12, 2020

Public Packet

IX.

X.

3 of 149

TRAVEL REQUESTS

A.

Approve the travel request - Councilman Ernie Stevens III - Better Buildings: Better

Business, Wisconsin Conference - Wisconsin Dells, WI - March 9-10, 2020

Sponsor: Ernie Stevens III, Councilman

B.

Approve the travel request - Councilman Kirby Metoxen - Wisconsin Governor's

Conference on Tourism - Madison, WI - March 15-18, 2020

Sponsor: Kirby Metoxen, Councilman

C.

Approve the travel request - Chairman Tehassi Hill - 35th National Indian Gaming

Association Tradeshow & Convention - San Diego, CA - March 23-27, 2020

Sponsor: Tehassi Hill, Chairman

D.

Approve the travel request - Treasurer Trish King - Native American Finance Officers

Association (NAFOA) 38th Annual Conference - Nashville, TN - April 5-8, 2020

Sponsor: Trish King, Treasurer

E.

Enter the e-poll results into the record regarding the travel request for Chairman

Tehassi Hill - Interior & Environment Committee Testimony

Sponsor: Lisa Summers, Secretary

F.

Enter the e-poll results into the record regarding the travel request for Coucilman

Kirby Metoxen - Chicago Travel & Adventure Show

Sponsor: Lisa Summers, Secretary

NEW BUSINESS

A.

Accept the 2020 special Election final report and declare the official results

Sponsor: Vicki Cornelius, Chair/Oneida Election Board

B.

Post ten (10) vacancies - Oneida Election Board (Alternates)

Sponsor: Lisa Summers, Secretary

C.

Post one (1) vacancy - Finance Committee (Community Elder position)

Sponsor: Lisa Summers, Secretary

D.

Post one (1) vacancy - Oneida Youth Leadership Institute Board

Sponsor: Lisa Summers, Secretary

E.

Accept the memorandum to the Oneida Land Claims Commission dated February 4,

2020, as information

Sponsor: Lisa Summers, Secretary

F.

Enter the e-poll results into the record regarding Executive Session Discussion on

January 21, 2020

Sponsor: Lisa Summers, Secretary

Oneida Business Committee

Regular Meeting Agenda

Page 3 of 7

February 12, 2020

Public Packet

XI.

4 of 149

GENERAL TRIBAL COUNCIL

A.

Approve four (4) requested actions - Petitioner Mike Debraska re: Increase GTC

meeting stipend

Sponsor: Lisa Summers, Secretary

B.

Enter the e-poll results into the record regarding the FY-2021 Community Budget

Input Packet1

Sponsor: Lisa Summers, Secretary

C.

PETITIONER NANCY DALLAS

1.

XII.

Accept the legal review of two (2) petitions

Sponsor: Jo Anne House, Chief Counsel

EXECUTIVE SESSION

A.

REPORTS

1.

Accept the Gaming General Manager FY-2020 1st quarter executive report

(8:30 a.m.)

Sponsor: Louise Cornelius, Gaming General Manager

2.

Accept the Retail Enterprise FY-2020 1st quarter executive report (1:30 p.m.

on Wednesday)

Sponsor: Michele Doxtator, Area Manager/Retail Profits

3.

Accept the Business Compliance Analyst FY-2020 1st quarter executive

report (9:00 a.m.)

Sponsor: Eric McLester, Business Compliance Analyst

4.

Accept the Human Resources FY-2020 1st quarter executive report (9:30 a.m.)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

5.

Defer the Emergency Management FY-2020 1st quarter executive report to the

February 26, 2019 regular Business Committee meeting agenda

Sponsor: Kaylynn Gresham, Director/Emergency Management

6.

Accept the Joint Marketing FY-2020 1st quarter executive report (1:30 p.m. on

Wednesday)

Sponsor: to be determined

7.

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

8.

Accept the General Manager report

Sponsor: Debbie Thundercloud, General Manager

1 This item is budget-related and confidential to Tribal Members Only; this is why it is included under the General

Tribal Council section of the agenda.

Oneida Business Committee

Regular Meeting Agenda

Page 4 of 7

February 12, 2020

Public Packet

5 of 149

B.

AUDIT COMMITTEE

1.

Accept the November 21, 2019, regular Audit Committee meeting minutes

Sponsor: David P. Jordan, Councilman

2.

Accept the Gaming Contracts FY-2019 compliance/financial audit report and

lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

3.

Accept the Cage/Vault/Kiosk compliance audit report and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

4.

Accept the Information Technology compliance audit report and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

5.

Accept the Surveillance (All Tiers) compliance audit report and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

6.

Accept the Title 31 compliance audit report and lift the confidentiality

requirement

Sponsor: David P. Jordan, Councilman

7.

Accept the Comprehensive Housing Division performance assurance audit

report and lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

8.

Accept the Human Resource Department Training and Development

performance assurance audit report and lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

9.

Accept the Card Games & Poker rules of play compliance audit report and lift

the confidentiality requirement

Sponsor: David P. Jordan, Councilman

10.

Accept the Roulette rules of play compliance audit report and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

11.

Accept the Cage/Vault/Kiosk year end compliance audit report and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

12.

Accept the Slots year end compliance audit report and lift the confidentiality

requirement

Sponsor: David P. Jordan, Councilman

Oneida Business Committee

Regular Meeting Agenda

Page 5 of 7

February 12, 2020

Public Packet

6 of 149

C.

UNFINISHED BUSINESS

1.

FILE # 2019-CC-01

a.

Review proposed transition plan

Sponsor: Debbie Thundercloud, General Manager

Excerpt from January 8, 2020: Motion by Lisa Summers to defer file # 2019CC-01 to the February 12, 2020, regular Business Committee meeting

agenda, seconded by Ernie Stevens III. Motion carried.

Excerpt from December 11, 2019: Motion by Lisa Summers to defer item

X.D.3. File # 2019-CC-01, subsections a. Review proposed Transition plan

and b. Determine next steps regarding vacancies, to the January 8, 2020,

regular Business Committee meeting agenda, seconded by Jennifer

Webster. Motion carried.

Excerpt from September 25, 2019: (1) Motion by Lisa Summers to terminate

the appointment of Floyd Wayne Silas Jr. on the Oneida Powwow

Committee pursuant to §105.7-4 and post the vacancy, seconded by Kirby

Metoxen. Motion carried. (2) Motion by David P. Jordan to direct the General

Manager to amend the recommendations provided regarding file # 2019-CC01 and to bring back a transition plan proposal no later than the December

11, 2019, regular Business Committee meeting, seconded by Lisa Summers.

Motion carried.

b.

Determine next steps regarding vacancies

Sponsor: Lisa Summers, Secretary

Excerpt from January 8, 2020: Motion by Lisa Summers to defer file # 2019CC-01 to the February 12, 2020, regular Business Committee meeting

agenda, seconded by Ernie Stevens III. Motion carried.

Excerpt from December 11, 2019: Motion by Lisa Summers to defer item

X.D.3. File # 2019-CC-01, subsections a. Review proposed Transition plan

and b. Determine next steps regarding vacancies, to the January 8, 2020,

regular Business Committee meeting agenda, seconded by Jennifer

Webster. Motion carried.

Excerpt from October 9, 2019: Motion by Lisa Summers to defer this item to

the December 11, 2019, regular Business Committee meeting, noting the

General Manager will have a transition plan submitted to the Business

Committee by this date, as previously directed, seconded by Kirby Metoxen.

Motion carried.

D.

NEW BUSINESS

1.

Review application(s) for one (1) vacancy - Oneida Environmental Resource

Board

Sponsor: Lisa Summers, Secretary

2.

Review and discuss Oneida Land Commission bylaws amendments

Sponsor: Kirby Metoxen, Councilman

3.

Review draft changes to the Emergency Closing Compenstation SOP

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Oneida Business Committee

Regular Meeting Agenda

Page 6 of 7

February 12, 2020

Public Packet

XIII.

7 of 149

4.

Consider a recommendation from the OBC Officers pursuant to §105.7-4

Sponsor: Lisa Summers, Secretary

5.

Enter the e-poll results into the record regarding the correspondence to the

Oneida Nation Commission on Aging

Sponsor: Lisa Summers, Secretary

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364

or (800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

Page 7 of 7

February 12, 2020

Public Packet

8 of 149

Oneida Business Committee Agenda Request

Oneida Youth Leadership Institute Board - Marlon G. Skenandore

1. Meeting Date Requested:

02 / 12 / 20

2. General Information:

Session:

Open

Agenda Header:

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

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Marlon G. Skenandore for the Oneida Youth Leadership Institute Board.

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Brooke Doxtator, BCC Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

9 of 149

Oneida Business Committee Agenda Request

6. Cover Memo:

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

On January 22, 2020 the Oneida Business Committee appointed Marlon G. Skenandore to the Oneida Youth

Leadership Institute Board.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Public Packet

10 of 149

Oneida Business Committee Agenda Request

Oneida Airport Hotel Corporation Board of Directors - Kateri Baker

1. Meeting Date Requested:

02 / 12 / 20

2. General Information:

Session:

Open

Agenda Header:

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

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Kateri Baker for the Oneida Airport Hotel Corporation Board of Directors

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Brooke Doxtator, BCC Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

11 of 149

Oneida Business Committee Agenda Request

6. Cover Memo:

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

On January 22, 2020 the Oneida Business Committee appointed Kateri Baker to the Oneida Airport Hotel

Corporation Board of Directors.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Public Packet

12 of 149

Oneida Business Committee Agenda Request

Oneida Election Board Ad Hoc Committee (GTC duties) - Tonya Webster

1. Meeting Date Requested:

02 / 12 / 20

2. General Information:

Session:

Open

Agenda Header:

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

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Tonya Webster for the Oneida Election Board Ad Hoc Committee

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Brooke Doxtator, BCC Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

13 of 149

Oneida Business Committee Agenda Request

6. Cover Memo:

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

On January 8, 2020 the Oneida Business Committee appointed Tonya Webster to the Oneida Election Board Ad

Hoc Committee.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Public Packet

14 of 149

Approve the January 22, 2020, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

02/12/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☒ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

Public Packet

15 of 149

DRAFT

Oneida Business Committee

Executive Session

10:00 AM Tuesday, January 21, 2020

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, January 22, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EXECUTIVE SESSION

Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council

members: David P. Jordan, Kirby Metoxen, Jennifer Webster;

Not Present: n/a

Arrived at: Chairman Tehassi Hill at 10:06 a.m., Council members: Daniel Guzman King at 10:06 a.m.,

Ernie Stevens III at 10:09 a.m.;

Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Melinda J. Danforth, Eric Mc

Lester, Lisa Liggins, Laura Laitinen-Warren, Troy Parr, Ralinda Ninham-Lamberies, Debbie Danforth,

Ravinder Vir, Dana McLester, Justine Hill, Scott Denny, Pat Pelky, Susan House, Joanie Buckley, Jacque

Boyle;

REGULAR MEETING

Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council

members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster;

Not Present: Chairman Tehassi Hill;

Arrived at: n/a

Others present: Bonnie Pigman, Geraldine Danforth, Debbie Danforth, Ravinder Vir, Tsyoshaaht

Delgado, Candace House, Eric McLester, Clorissa Santiago;

I.

CALL TO ORDER

Meeting called to order by Vice-Chairman Brandon Stevens at 8:33 a.m.

For the record: Chairman Tehassi Hill is attending Brackeen v. Bernhardt arguments in New Orleans,

LA.

II.

OPENING (00:00:28)

Opening provided by Kevin House, Oneida Nation High School student.

A.

Special recognition for years of service (00:05:08)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Special recognition by Jennifer Anderson of Sara Skenandore for 25 years of service; Special

recognition by Dr. Ravinder Vir of Mari Kriescher for 25 years of service; Special recognition by

Tsyoshaaht Delgado of Laurie Becker for 25 years of service; Special recognition by Theresa Torrez of

Tanya Skenandore for 25 years of service; Special recognition of those who could not be present:

Richard Cluckey, Barbara Metoxen, and Ellen King for 35 years of service; Jessie Lawe, Roxanne

Charles, Corey Richmond, and Bernard Johnson for 25 years of service;

Oneida Business Committee

Regular Meeting Minutes

Page 1 of 16

January 22, 2020

Public Packet

16 of 149

DRAFT

B.

Presentation of grants to Exxon/Mobil Education Alliance program recipients

(00:17:47)

Sponsor: Michele Doxtator, Area Manager/Retail Profits

Angela Parks presented $500 grant to Freedom Middle School; Angela Parks presented a $500 grant

to Oneida Nation Elementary School; Angela Parks presented $500 grant to Lannoye Elementary

School; Tanya Arce presented $500 grant to Oneida Middle School; Jacob Gerhardt presented $500

grant to Oneida Nation High School; Josh Smith presented $500 grant to Pioneer Elementary School;

III.

ADOPT THE AGENDA (00:25:17)

Motion by Ernie Stevens III to adopt the agenda with two (2) changes [1) add item IV.C. Adopt

resolution entitled Energy Infrastructure Deployment on Tribal Lands – 2020 Grant Proposal # DEFOA-0002168; and 2) delete item VIII.B.2. Accept the Sanctions and Penalties for Elected Officals law

materials and add to the tentatively scheduled March 16, 2020, special General Tribal Council meeting

agenda], seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

IV.

OATH OF OFFICE (00:26:02)

Oaths of office administered by Secretary Lisa Summers. Amy Wilde, Candace House, and Kalene

White were present. Tonya Webster was not present.

V.

A.

Oneida Nation Arts Board - Amy L. Wilde

Sponsor: Lisa Summers, Secretary

B.

Oneida Election Board Ad Hoc Committee (GTC duties) - Candace House, Kalene

White, and Tonya Webster

Sponsor: Lisa Summers, Secretary

MINUTES

A.

Approve the Janaury 8, 2020, regular Business Committee meeting minutes

(00:28:25)

Sponsor: Lisa Summers, Secretary

Motion by Jennifer Webster to approve the Janaury 8, 2020, regular Business Committee meeting

minutes, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

Oneida Business Committee

Regular Meeting Minutes

Page 2 of 16

January 22, 2020

Public Packet

17 of 149

DRAFT

VI.

RESOLUTIONS

A.

Adopt resolution entitled Modifying the Oneida Business Committee Regular

Meeting Schedule (00:28:45)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to adopt resolution 01-22-20-A Modifying the Oneida Business Committee

Regular Meeting Schedule, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

B.

Adopt resolution entitled Real Property Law Emergency Amendments (00:30:45)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to adopt resolution 01-22-20-B Real Property Law Emergency

Amendments, seconded by Kirby Metoxen. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers, Jennifer Webster

Abstained:

Daniel Guzman King

Not Present:

Tehassi Hill

C.

Adopt resolution entitled Energy Infrastructure Deployment on Tribal Lands – 2020

Grant Proposal # DE-FOA-0002168 (00:37:21)

Sponsor: Debbie Thundercloud, General Manager

Motion by Ernie Stevens III to adopt resolution 01-22-20-C Energy Infrastructure Deployment on Tribal

Lands – 2020 Grant Proposal # DE-FOA-0002168, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

VII.

APPOINTMENTS

A.

Determine next steps regarding one (1) vacancy - Oneida Airport Hotel

Corporation Board of Directors (00:44:21)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to appoint Kateri Baker to the Oneida Airport Hotel Corporation Board of

Directors, seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

Oneida Business Committee

Regular Meeting Minutes

Page 3 of 16

January 22, 2020

Public Packet

18 of 149

DRAFT

B.

Determine next steps regarding three (3) vacancies - Oneida Youth Leadership

Institute Board (00:45:00)

Sponsor: Lisa Summers, Secretary

Motion by Ernie Stevens III to appoint Marlon G. Skenandore to the Oneida Youth Leadership Institute

and re-post the remaining two (2) vacancies, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

VIII.

STANDING COMMITTEES

A.

FINANCE COMMITTEE

1.

Accept the December 30, 2019, regular Finance Committee meeting minutes

(00:45:40)

Sponsor: Trish King, Treasurer

Motion by Lisa Summers to accept the December 30, 2019, regular Finance Committee meeting

minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

2.

Accept the January 13, 2020, regular Finance Committee meeting minutes

(00:46:03)

Sponsor: Trish King, Treasurer

Motion by David P. Jordan to accept the January 13, 2020, regular Finance Committee meeting

minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

B.

LEGISLATIVE OPERATING COMMITTEE

1.

Accept the December 18, 2019, regular Legislative Operating Committee

meeting minutes (00:4246:)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Summers to accept the December 18, 2019, regular Legislative Operating Committee

meeting minutes, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

2.

Accept the Sanctions and Penalties for Elected Officals law materials and add

to the tentatively scheduled March 16, 2020, special General Tribal Council

meeting agenda

Sponsor: David P. Jordan, Councilman

Item deleted at the adoption of the agenda

Oneida Business Committee

Regular Meeting Minutes

Page 4 of 16

January 22, 2020

Public Packet

19 of 149

DRAFT

IX.

TRAVEL REPORTS

A.

Approve the travel report - Councilman Kirby Metoxen - 2020 AIANTA Board

retreat - Palm Springs, CA - January 6-9, 2020 (00:46:46)

Sponsor: Kirby Metoxen, Councilman

Councilman Ernie Stevens III left at 9:20 a.m.

Motion by Jennifer Webster to approve the travel report from Councilman Kirby Metoxen for the 2020

AIANTA Board retreat in Palm Springs, CA - January 6-9, 2020, seconded by David P. Jordan. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Lisa Summers,

Jennifer Webster

Abstained:

Kirby Metoxen

Not Present:

Tehassi Hill, Ernie Stevens III

X.

TRAVEL REQUESTS

A.

Approve the travel request - Councilman David P. Jordan - Census 2020 Tribal

Forum - Milwaukee, WI - January 22-23, 2020 (00:47:27)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to approve the travel request for Councilman David P. Jordan to attend the

Census 2020 Tribal Forum in Milwaukee, WI - January 22-23, 2020, seconded by Lisa Summers.

Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Lisa Summers,

Jennifer Webster

Abstained:

David P. Jordan

Not Present:

Tehassi Hill, Ernie Stevens III

B.

Approve the travel request - Councilman David P. Jordan - Tribal Transportation

Program Coordinating Committee conference - Albuquerque, NM - February 3-7,

2020 (00:47:51)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to approve the travel request for Councilman David P. Jordan to attend the

Tribal Transportation Program Coordinating Committee conference in Albuquerque, NM - February 37, 2020, seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Lisa Summers,

Jennifer Webster

Abstained:

David P. Jordan

Not Present:

Tehassi Hill, Ernie Stevens III

Oneida Business Committee

Regular Meeting Minutes

Page 5 of 16

January 22, 2020

Public Packet

20 of 149

DRAFT

C.

Approve the travel request - Up to three (3) Business Committee members - MAST

Impact Week 2020 - Washington DC - March 16-21, 2020 (00:48:17)

Sponsor: Lisa Summers, Secretary

Motion by Jennifer Webster to approve the travel request for Vice-Chairman Brandon Stevens,

Councilman Daniel Guzman King, Councilman David P. Jordan, and Councilwoman Jennifer Webster

to attend MAST Impact Week 2020 in Washington DC - March 16-21, 2020, seconded by Kirby

Metoxen. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Lisa Summers,

Jennifer Webster

Abstained:

David P. Jordan

Not Present:

Tehassi Hill, Ernie Stevens III

Councilman Ernie Stevens III returned at 9:28 a.m.

D.

Approve the travel request - Councilwoman Jennifer Webster - Administration of

Children & Families Tribal Advisory Committee meetings - March-December 2020

(00:53:40)

Sponsor: Jennifer Webster, Councilwoman

Motion by David P. Jordan to approve the travel request for Councilwoman Jennifer Webster to attend

Administration of Children & Families Tribal Advisory Committee meetings through August 5, 2020,

seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Abstained:

Jennifer Webster

Not Present:

Tehassi Hill

Secretary Lisa Summers left at 9:32 a.m.

XI.

NEW BUSINESS

A.

Approve the agreement - Outagamie County Department of Health and Human

Services - file # 2020-0057 (00:58:02)

Sponsor: Debbie Thundercloud, General Manager

Motion by David P. Jordan to approve the agreement - Outagamie County Department of Health and

Human Services - file # 2020-0057 and authorize the Chairman to sign, seconded by Jennifer

Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Tehassi Hill, Lisa Summers

B.

Review the Poker Rules of Play and determine appropriate next steps (00:59:21)

Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission

Motion by David P. Jordan to accept the notice of the Poker Rules of Play approved by the Gaming

Commission on January 14, 2020, and direct notice to the Gaming Commission there are no requested

revisions under section 501.6-14(d), seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Tehassi Hill, Lisa Summers

Oneida Business Committee

Regular Meeting Minutes

Page 6 of 16

January 22, 2020

Public Packet

21 of 149

DRAFT

C.

Review five (5) Rules of Play and determine appropriate next steps

Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission

1.

EZ Baccarat (01:01:13)

Motion by Kirby Metoxen to accept the notice of the EZ Baccarat Rules of Play approved by the

Gaming Commission on January 14, 2020, and direct notice to the Gaming Commission there are no

requested revisions under section 501.6-14(d), seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Tehassi Hill, Lisa Summers

2.

Four Card Poker (01:02:)

Motion by David P. Jordan to accept the notice of the Four Card Poker Rules of Play approved by the

Gaming Commission on January 14, 2020, and direct notice to the Gaming Commission there are no

requested revisions under section 501.6-14(d), seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Abstained:

Lisa Summers

Not Present:

Tehassi Hill

Secretary Lisa Summers returned at 9:37 a.m.

3.

Mississippi Stud (01:04:32)

Motion by David P. Jordan to accept the notice of the Mississippi Stud Rules of Play approved by the

Gaming Commission on January 14, 2020, and direct notice to the Gaming Commission there are no

requested revisions under section 501.6-14(d), seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

4.

Ultimate Texas Hold ‘em (01:05:07)

Motion by Kirby Metoxen to accept the notice of the Ultimate Texas Hold 'em Rules of Play approved

by the Gaming Commission on January 14, 2020, and direct notice to the Gaming Commission there

are no requested revisions under section 501.6-14(d), seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

5.

Roulette (01:05:49)

Motion by David P. Jordan to accept the notice of the Roulette Rules of Play approved by the Gaming

Commission on January 14, 2020, and direct notice to the Gaming Commission there are no requested

revisions under section 501.6-14(d), seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

Oneida Business Committee

Regular Meeting Minutes

Page 7 of 16

January 22, 2020

Public Packet

22 of 149

DRAFT

D.

Review the Surveillance (Chapter 15) Oneida Gaming Minimum Internal Controls

and determine appropriate next steps (01:06:28)

Sponsor: Mark A. Powless Sr., Chair, Oneida Gaming Commission

Motion by Jennifer Webster to accept the notice of the Surveillance (Chapter 15) Oneida Gaming

Minimum Internal Controls approved by the Gaming Commission on January 2, 2020, and direct notice

to the Gaming Commission there are no requested revisions under section 501.6-14(d), seconded by

David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

E.

Review the Card Games (Chapter 9) Oneida Gaming Minimum Internal Controls

and determine appropriate next steps (01:07:52)

Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission

Motion by Lisa Summers to accept the notice of the Card Games (Chapter 9) Oneida Gaming

Minimum Internal Controls approved by the Gaming Commission on December 13, 2019, and direct

notice to the Gaming Commission there are no requested revisions under section 501.6-14(d),

seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

F.

Re-post one (1) vacancy - Oneida Community Library Board (01:09:01)

Sponsor: Lisa Summers, Secretary

Motion by Jennifer Webster to re-post one (1) vacancy for the Oneida Community Library Board,

seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

Motion by Lisa Summers to send this item to the next Business Committee work session to discuss the

fourth posting of this vacancy, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

Oneida Business Committee

Regular Meeting Minutes

Page 8 of 16

January 22, 2020

Public Packet

23 of 149

DRAFT

XII.

GENERAL TRIBAL COUNCIL

A.

Approve four (4) requested actions - Petitioner Nancy Dallas re: Hold on building

(01:10:00)

Sponsor: Lisa Summers, Secretary

Motion by Kirby Metoxen to acknowledge receipt of the petition from Nancy Dallas – Hold on building,

seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Lisa Summers, Jennifer Webster

Abstained:

Ernie Stevens III

Not Present:

Tehassi Hill

Motion by Lisa Summers to assign the petition to the April 6, 2020, tentatively scheduled special GTC

meeting, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Lisa Summers, Jennifer Webster

Opposed:

Ernie Stevens III

Not Present:

Tehassi Hill

Motion by Jennifer Webster to direct the OBC Direct Report Offices to complete and submit their

administrative impact statements of the petition to the Secretary by January 31, 2020, seconded by

Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Lisa Summers, Jennifer Webster

Abstained:

Ernie Stevens III

Not Present:

Tehassi Hill

Motion by Jennifer Webster to direct the Law, Finance, Legislative Reference Offices, and Community

Development Planning Committee to complete and submit the legal review, fiscal impact statement,

statement of effect, and committee statement, respectively, to the Secretary by February 18, 2020,

seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Lisa Summers, Jennifer Webster

Abstained:

Ernie Stevens III

Not Present:

Tehassi Hill

Oneida Business Committee

Regular Meeting Minutes

Page 9 of 16

January 22, 2020

Public Packet

24 of 149

DRAFT

B.

Approve four (4) requested actions - Petitioner Nancy Dallas re: Make a funeral

home (01:38:43)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to acknowledge receipt of the petition from Nancy Dallas – Make a funeral

home, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Lisa Summers, Jennifer Webster

Abstained:

Ernie Stevens III

Not Present:

Tehassi Hill

Motion by Lisa Summers to assign the petition to the April 6, 2020, tentatively scheduled special GTC

meeting, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Lisa Summers, Jennifer Webster

Opposed:

Ernie Stevens III

Not Present:

Tehassi Hill

Motion by Jennifer Webster to direct the OBC Direct Report Offices to complete and submit their

administrative impact statements of the petition to the Secretary by January 31, 2020, seconded by

Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Lisa Summers, Jennifer Webster

Abstained:

Ernie Stevens III

Not Present:

Tehassi Hill

Motion by David P. Jordan to direct the Law, Finance, Legislative Reference Offices, and Community

Development Planning Committee to complete and submit the legal review, fiscal impact statement,

statement of effect, and committtee statement, respectively, to the Secretary by February 18, 2020,

seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Lisa Summers, Jennifer Webster

Abstained:

Ernie Stevens III

Not Present:

Tehassi Hill

Amendment to the main motion by Trish King to request the Oneida Land Commission to

submit a commission statement regarding the petition, seconded by David P. Jordan. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Lisa Summers, Jennifer Webster

Abstained:

Ernie Stevens III

Not Present:

Tehassi Hill

Oneida Business Committee

Regular Meeting Minutes

Page 10 of 16

January 22, 2020

Public Packet

25 of 149

DRAFT

C.

Approve the notice and the packet for the March 16, 2020, tentatively scheduled

special GTC meeting (01:45:39)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to approve the notice and the mailing for the March 16, 2020, tentatively

scheduled reconvened annual GTC meeting, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

Vice-Chairman Brandon Stevens recessed the meeting at 10:24 a.m. until 10:35 a.m.

Meeting called to order by Vice-Chairman Brandon Stevens at 10:40 a.m.

Roll call for the record:

Present: Councilman Daniel Guzman King; Councilman David P. Jordan; Treasurer Trish King;

Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III;

Secretary Lisa Summers; Councilwoman Jennifer Webster;

Not Present: Chairman Tehassi Hill;

Motion by Lisa Summers to rescind the October 9, 2019, Business Committee action which assigned

the Sustain Oneida item to the March 16, 2020, tentatively scheduled special GTC meeting and move

the Sustain Oneida item to a future date, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

Motion by Lisa Summers to direct the Secretary to work with the BC liaison to the Oneida Trust

Enrollment Committee, Councilman Kirby Metoxen, to send specific correspondence to the Oneida

Trust Enrollment Committee explaining what the circimstances are and why the Sustain Oneida item is

being moved, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

Oneida Business Committee

Regular Meeting Minutes

Page 11 of 16

January 22, 2020

Public Packet

26 of 149

DRAFT

XIII.

EXECUTIVE SESSION (02:03:38)

Motion by David P. Jordan to go into executive session at 10:53 a.m., seconded by Lisa Summers.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Tehassi Hill

Motion by David P. Jordan to come out of executive session at 11:41 a.m., seconded by Ernie Stevens

III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Roll call for the record:

Present: Councilman Daniel Guzman King; Councilman David P. Jordan; Treasurer Trish King;

Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III;

Secretary Lisa Summers;

Not Present: Chairman Tehassi Hill; Councilwoman Jennifer Webster;

Tribal Self-Governance Advisory Committee (TSGAC)/SGAC - Washington DC

For the record: Councilwoman Jennifer Webster departed at 11:30 a.m. to attend the Tribal SelfGovernance Advisory Committee (TSGAC)/SGAC in Washington DC.

A.

REPORTS

1.

Accept the Community and Economic Development Division FY-2020 1st

quarter executive report (02:04:23)

Sponsor: Debbie Thundercloud, General Manager

Motion by David P. Jordan to accept the Community and Economic Development Division FY-2020 1st

quarter executive report, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

2.

Accept the Comprehensive Health Division FY-2020 1st quarter executive report

(02:04:45)

Sponsor: Debbie Thundercloud, General Manager

Motion by Kirby Metoxen to accept the Comprehensive Health Division FY-2020 1st quarter executive

report, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 12 of 16

January 22, 2020

Public Packet

27 of 149

DRAFT

3.

Accept the Comprehensive Housing Division FY-2020 1st quarter executive

report (02:05:04)

Sponsor: Debbie Thundercloud, General Manager

Motion by Kirby Metoxen to accept the Comprehensive Housing Division FY-2020 1st quarter

executive report, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

4.

Accept the Environmental, Health, Safety and Land Division FY-2020 1st quarter

executive report (02:05:20)

Sponsor: Debbie Thundercloud, General Manager

Motion by Ernie Stevens III to accept the Environmental, Health, Safety and Land Division FY-2020 1st

quarter executive report, seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

5.

Accept the Governmental Services Division FY-2020 1st quarter executive

report (02:05:40)

Sponsor: Debbie Thundercloud, General Manager

Motion by Kirby Metoxen to accept the Governmental Services Division FY-2020 1st quarter executive

report, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

6.

Accept the Internal Services Division FY-2020 1st quarter executive report

(02:05:58)

Sponsor: Debbie Thundercloud, General Manager

Motion by Kirby Metoxen to accept the Internal Services Division FY-2020 1st quarter executive report,

seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

7.

Accept the Public Works Division FY-2020 1st quarter executive report

(02:06:20)

Sponsor: Debbie Thundercloud, General Manager

Motion by David P. Jordan to accept the Public Works Division FY-2020 1st quarter executive report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 13 of 16

January 22, 2020

Public Packet

28 of 149

DRAFT

8.

Accept the Chief Counsel report (02:06:38)

Sponsor: Jo Anne House, Chief Counsel

Motion by Ernie Stevens III to accept the Chief Counsel report, seconded by David P. Jordan. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

9.

Accept the General Manager report (02:06:55)

Sponsor: Debbie Thundercloud, General Manager

Motion by David P. Jordan to accept the General Manager report, seconded by Ernie Stevens III.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

10.

Accept the Intergovernmental Affairs, Communications, and Self-Governance

January 2020 report (02:07:11)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by Kirby Metoxen to accept the Intergovernmental Affairs, Communications, and SelfGovernance January 2020 report, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Motion by David P. Jordan to support the Medicare Part B Legislation with the inclusion of language

whereby the individual would not be penalized from other benefits if the Nation should pay for

individuals’ premiums, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Motion by David P. Jordan to support the request for Self-Governance carry over funds to be utilized

for the Oneida Judiciary to install a metal detector, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

B.

AUDIT COMMITTEE

1.

Determine next steps regarding the Information Technology Compliance Audit

follow-up request (02:08:22)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by David P. Jordan to approve the recommendation in the December 17, 2019, memorandum

and direct the Chair’s Office to send notification to BC DR09 and the requested follow-up

memorandum to Internal Audit, seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 14 of 16

January 22, 2020

Public Packet

29 of 149

DRAFT

2.

Determine next steps regarding the Tickets & Merchandise Distribution followup audit (02:08:56)

Sponsor: OBC Officers

Motion by David P. Jordan to direct the Chairman’s Office to complete the requested follow-up and

bring back an update to the February 26, 2020, regular Business Committee meeting agenda,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

C.

NEW BUSINESS

1.

Review application(s) for one (1) vacancy - Oneida Airport Hotel Corporation

Board of Directors (02:09:22)

Sponsor: Lisa Summers, Secretary

Motion by Kirby Metoxen to accept the discussion regarding the Oneida Airport Hotel Corporation

Board of Directors application(s) as information, seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

2.

Review application(s) for three (3) vacancies - Oneida Youth Leadership

Institute Board (02:09:45)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to accept the discussion regarding the Oneida Youth Leadership Institute

Board application(s) as information, seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

3.

Review and approve 2020 Annual Project Targets with BC DR10 (02:10:13)

Sponsor: OBC Officers

Motion by Ernie Stevens III to approve the 2020 Annual Project Targets for BC DR10, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 15 of 16

January 22, 2020

Public Packet

30 of 149

DRAFT

4.

Approve the attorney contract - Hobbs Straus Dean and Walker LLP - file # 20191383 (02:10:34)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by David P. Jordan to approve the attorney contract for Hobbs Straus Dean and Walker LLP file # 2019-1383, seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

XIV.

ADJOURN (02:11:02)

Motion by Ernie Stevens III to adjourn at 11:48 a.m., seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

.

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 16 of 16

January 22, 2020

Public Packet

31 of 149

Oneida Business Committee Agenda Request

Adopt resolution entitled Citations Law

1. Meeting Date Requested:

2

/ 12 / 20

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 adoption of the Resolution titled "Citations Law"

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Citations law adoption packet

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, LOC Chairman

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

Public Packet

32 of 149

Public Packet

33 of 149

Public Packet

34 of 149

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

Oneida, WI 54155

BC Resolution # _____________

Citations Law

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 purpose of the Citations law (“the Law”) is to provide a process that governs all citations

that fall under the jurisdiction of the Oneida Nation; and

WHEREAS,

the Law provides how a citation action commences and who has the authority to issue a

citation; and

WHEREAS,

the Law describes what information is required to be included on a citation; and

WHEREAS,

the Law sets forth requirements for how a citation shall be served on an individual and

subsequently filed with the court; and

WHEREAS,

the Law provides a process for an individual to enter into a stipulation agreement with an

authorized attorney of the Nation to settle a citation; and

WHEREAS,

the Law provides a process for how an individual can contest his or her citation in court;

and

WHEREAS,

the Law sets forth the various timelines and procedures for citation hearings; and

WHEREAS,

the Law clarifies that this Law shall not apply to any law of the Nation which delegates

hearing authority to a hearing body other than the Oneida Judiciary; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were developed for this Law; and

WHEREAS,

a public meeting on the Law was held on November 22, 2019, in accordance with the

Legislative Procedures Act, and the public comment period was held open until December

3, 2019; and

WHEREAS,

the Legislative Operating Committee accepted, reviewed, and considered the public

comments received on December 18, 2019; and

Public Packet

35 of 149

BC Resolution # _______

Citations Law

Page 2 of 2

43

44

45

NOW THEREFORE BE IT RESOLVED, that the Citations law is hereby adopted and shall become effective

on February 26, 2020.

Public Packet

36 of 149

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Citations Law

Summary

This resolution adopts the Citations law which will provide a process that governs all citations that

fall under the jurisdiction of the Oneida Nation.

Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office

Date: February 5, 2020

Analysis by the Legislative Reference Office

This resolution adopts the proposed Citations law. The proposed Citations law will provide a

process that governs all citations that fall under the jurisdiction of the Oneida Nation. [8 O.C.

807.1-1]. It is the policy of the Nation to ensure that the consistent process for handling citations

provides equal and fair treatment to all persons who come before the Judiciary to have their

citations resolved. [8 O.C. 807.1-2].

Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),

which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the

purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Citations law complied with all processes and procedures required by the LPA, including

the development of a legislative analysis, a fiscal analysis, and the opportunity for public review

during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8].

A public meeting on the proposed Citations law was held on November 22, 2019. No oral

comments were provided during the public meeting. The public comment period was then held

open until December 3, 2019. The Legislative Operating Committee received one (1) submission

of written comments during the public comment period. All public comments received were

accepted, reviewed, and considered by the Legislative Operating Committee on December 18,

2019. Any changes made based on those comments have been incorporated into this draft.

The Citations law will become effective ten (10) business days after the adoption of this resolution

in accordance with the LPA. [1 O.C. 109.9-3].

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 1 of 1

Public Packet

37 of 149

Analysis to Draft 4

2020 02 05

Kayanl^sla Ol$=wa>

Laws of issues/matters

CITATIONS LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

LOC

Intent of the

Proposed Law

Purpose

Affected Entities

Related Legislation

Public Meeting

Fiscal Impact

1

2

3

4

5

6

7

8

9

10

SPONSOR:

DRAFTER:

ANALYST:

Jennifer Webster

Clorissa N. Santiago

Brandon Wisneski

To establish a consistent process for citations issued for violations of laws of the

Nation, including:

 What must appear on a citation form;

 How a citation must be served;

 A process for entering into stipulation agreements to settle citations;

 A process for contesting citations in court; and

 Timelines and procedures for citation hearings.

To provide a process that governs all citations that fall under the jurisdiction of the

Oneida Nation [8 O.C. 807.1-1].

Any person issued a citation under the laws of the Nation; Agencies responsible for

enforcement and issuing citations under the laws of the Nation (Oneida Police

Department, Conservation Wardens, Oneida Environmental Health Safety and

Land Division, Licensing Department), the Nation’s Judiciary, Oneida Law Office,

GTC Legal Resource Center, Utilities Department, and Oneida Land Commission.

Domestic Animals law; Hunting, Fishing and Trapping law; All-Terrain Vehicle

law; Public Use of Tribal Land law; Recycling and Solid Waste Disposal law;

Tribal Environmental Response law; Well Abandonment law; Onsite Waste

Disposal Ordinance; Water Resources law; Emergency Management and

Homeland Security law; Tobacco law; Oneida Food Service Code; Tattoo and Body

Piercing law; Notary Act; Non Metallic Mine Reclamation law; Zoning and

Shoreland Protection law; Marriage law, Sanitation Ordinance, Rules of Civil

Procedure; Rules of Appellate Procedure, Judiciary Law Rule No. 1 – Oneida Trial

Court Rules.

A public meeting was held on November 22, 2019.

A fiscal impact statement was submitted by the Finance Dept. on January 29,

2020.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. The Oneida Nation exercises its sovereignty through the enactment and enforcement of its own laws.

These laws cover a variety of topics, including health and public safety, environmental and natural

resources, and property and land. When a person violates a law of the Nation, several laws authorize

the Nation to enforce by issuing citations, fines and penalties. However, the Nation’s laws do not

include a uniform process for what happens after a citation is issued, particularly once it reaches the

Judiciary. This has led to implementation issues for individuals and entities involved in the citation

process. In some instances, it has resulted in the dismissal of cases in the Judiciary on technical grounds.

B. During the development of amendments to Domestic Animals law in 2019, the LOC worked

collaboratively with several of the Nation’s agencies. During this process, the agencies discussed the

Page 1 of 15

Public Packet

38 of 149

Analysis to Draft 4

2020 02 05

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

need to develop a more detailed procedure for the issuance and processing of citations. Rather than add

a detailed process only to the Domestic Animals law, the LOC decided to begin drafting a new Citations

law to apply to violations of any law of the Nation that authorizes citations.

C. The LOC added the proposed Citations law to the Active Files List on May 15, 2019. Since that time,

a work group of representatives from Oneida Police Department, Environmental Resource Board,

Oneida Law Office and Oneida Legal Resource Center met to work on the proposed law.

D. This proposed law applies only to citations issued by the Nation for violations of the Nation’s laws.

Officers of the Oneida Police Department are cross-deputized by the Brown County Sheriff’s

Department and also have the authority to issue citations for violation of state laws that may be heard

in Wisconsin Circuit Courts (for example, violations for operating while intoxicated).

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of this law

and legislative analysis: Oneida Police Department, Oneida Law Office, Oneida Judiciary, Oneida

Legal Resource Center, and Oneida Environmental Resource Board.

B. The following laws were reviewed in the drafting of this analysis: Domestic Animals law; Hunting,

Fishing and Trapping law; All-Terrain Vehicle law; Public Use of Tribal Land law; Recycling and

Solid Waste Disposal law; Tribal Environmental Response law; Well Abandonment law; Onsite Waste

Disposal Ordinance; Water Resources law; Emergency Management and Homeland Security law;

Tobacco law; Oneida Food Service Code; Tattoo and Body Piercing law; Notary Act; Non Metallic

Mine Reclamation law; Zoning and Shoreland Protection law; Motor Vehicle Registration law;

Marriage law; Sanitation Ordinance; Clean Air Policy; Alcohol Beverage Licensing law; Oneida

Woodcutting Ordinance; Building Code law; Rules of Civil Procedure; Rules of Appellate Procedure,

and Judiciary Law Rule No 1 – Oneida Trial Court Rules.

SECTION 4. PROCESS

A. The amendments to this law have followed the process set forth in the Legislative Procedures Act (LPA).

B. The law was added to the Active Files List on May 15, 2019.

C. A public meeting was held on November 22, 2019. The public comment period was held open until

December 3, 2019.

C. The following work meetings were held regarding the development of this law and legislative analysis:

 May 21, 2019: Work meeting with Oneida Police Department, Oneida Law Office, Environmental

Resource Board and Legal Resource Center.

 May 23, 2019: Work meeting with LOC.

 June 13, 2019: Work meeting with LOC.

 August 6, 2019: Work meeting with Oneida Police Department, Oneida Law Office and Oneida

Judiciary clerks.

 August 29, 2019: Work meeting with LOC.

 October 2, 2019: Work meeting with LOC.

 December 18, 2019: Work meeting with LOC.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Commencement of a Citation Action.

 What is a Citation? A citation is a “legal document that services as a notice or summons to appear

in a court of the Nation in response to a charge against an individual of a violation of law” [8 O.C.

807.3-1(b)]. The issuance of a citation begins a civil action in the Judiciary for violating a law of

the Nation for the purpose of collecting a fine or penalty imposed by the law [8 O.C. 807.4-1].

 Who Can Issue a Citation? An “officer” may issue a citation to any person he or she has reasonable

grounds to believe has committed a violation of a law of the Nation. For the purposes of this law,

Page 2 of 15

Public Packet

39 of 149

Analysis to Draft 4

2020 02 05

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

an “officer” is defined as “any individual authorized by a law of the Nation to issue a citation for a

violation of said law” [8 O.C. 807.3-1(g)]. For most laws of the Nation, the individual authorized

to issue a citation is an officer of the Oneida Police Department or a Conservation Warden.

 Who can Receive a Citation? A “person” who receives a citation may be an individual or a legal

entity, such as a corporation, LLC or sole proprietorship [8 O.C. 807.3-1(i)].

B. Form of Citation. This law creates a standard list of information that must be included on a citation

form when it is issued. These requirements match the information included on the current citation form

used by the Nation [8 O.C. 807.4-3].

 Identifying Information:

o Name of the officer who issued citation;

o Name, address, and date of birth of the defendant. Enrollment number and/or license

number of the defendant, if applicable.

 Information About the Alleged Violation:

o The violation alleged, the law violated, the time and place of the violation, and a description

of the violation.

 Court Hearing & Fine Information:

o A notice of when and where to appear at a citation pre-hearing and whether the pre-hearing

is mandatory;

o Provisions for payment of citation and stipulation in lieu of an appearance in Court, if

applicable. In other words, the option for individuals to pay their fine without having to

make a court appearance;

o Notice that if the defendant does not pay the citation or stipulate an agreement prior to the

pre-hearing and fails to appear in Court at the time listed on the citation, the Court may

issue a default judgment which may include any fine amount due, restitution and/or

suspension of any rights, privileges, or licensures, or any other penalty authorized by law;

o Notice that failure to satisfy a fine, restitution, or any other party of the judgment may

result in per capita attachment, wage garnishment, revocation, suspension of any rights,

privileges, licensures, and/or any other action authorized by law and/or other collection

processes available to the court.

Current Oneida Nation Citation Form – Front

Page 3 of 15

Public Packet

40 of 149

Analysis to Draft 4

2020 02 05

91

92

93

94

95

96

97

98

99

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

Current Oneida Nation Citation Form – Back

C. Service of a Citation. When an officer issues a citation, the citation must be “served” on the individual

alleged to have violated the law [8 O.C. 807.4-4].

 Personal Service. An officer must first attempt to personally serve the citation on the defendant

(i.e. hand the citation to the defendant) or leave a copy of the citation at the defendant’s home in

the presence of a competent family member at least fourteen (14) years of age or an adult who

resides in the home of the defendant.

o Why age 14? In the state of Wisconsin, a service of summons may be left in the presence

of a competent family member at least fourteen (14) years of age if, with reasonable due

diligence, the defendant cannot be personally served [Wis. Stats 801.11]. This provision is

modeled after WI statutes.

 Mail Service. If personal service is not possible and the defendant’s address can be determined,

then mail service may be used. For service by mail, a copy of the citation may be delivered to the

defendant’s last known address by certified mail with return receipt. The certified mail return

receipt will be signed by the defendant or competent family member at least fourteen (14) years of

age or an adult who resides in the home of the defendant. The certified mail return receipt will be

filed with the Court as proof of service.

 Service by Publication. As a last resort, after a showing of due diligence that personal and mail

service are not possible, then service may be completed by publication in the Nation’s newspaper

(the Kalihwisaks). The notice must be published at least two (2) times within a 30-day period. The

notices must be published at least ten (10) days before the citation pre-hearing.

 Filing a Citation. The department of the officer who issued the citation must file the citation with

the Court along with proof of service, if applicable, at least thirty (30) days prior to the date of the

pre-hearing. Citations may be filed in person or electronically transmitted [8 O.C. 807.4-5].

o Amendments to Citations. A citation may be amended by an officer or the authorized

attorney prior to the citation pre-hearing. A copy of the amended citation must be provided

to the defendant at least five (5) days prior to the citation pre-hearing.

Page 4 of 15

Public Packet

41 of 149

Analysis to Draft 4

2020 02 05

119

120

Chart 1. Service of a Citation.

A person violates a

law of the Nation

PERSONAL

SERVICE

Personal service not

possible and

defendant’s address

can be determined

Officer authorized

by law to issue a

citation for the

violation

Citation personally served on

defendant or left at the

defendant’s home in presence of

competent family member

MAIL SERVICE

Mail service not

possible

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

Officer writes the

citation

Copy of citation delivered

to defendant’s last known

address by certified mail

with return receipt

SERVICE BY

PUBLICATION

Return receipt filed

with court as proof

of service

May only be

used as last

resort

Notice published in Nation’s

newspaper (at least twice within

a 30‐day period and at least 10

days before the pre‐hearing

date)

D. Stipulations. An authorized attorney of the Nation is granted the discretion to seek the settlement of

the citation. This means that the Nation and the defendant can agree to a lower fine amount or other

condition to settle the case [8 O.C. 807.5].

 Who is an Authorized Attorney of the Nation? An attorney of the Nation who represents the

department or entity of the officer who issued the citation, such as the attorney for the Oneida Police

Department [8 O.C. 807.3-1]. Attorneys of the Nation work in the Oneida Law Office.

 Form of Stipulation. The stipulation, or agreement, between the Nation’s attorney and defendant

must be in writing, signed by both parties, and include the following information:

o A summary of the violation that resulted in the citation,

o The details of the stipulation including any fine, penalty, condition or payment plan the

defendant must comply with,

o A statement that the defendant admits that he or she committed the act or is entering a plea

of no contest and waives his or her right to contest the citation in Court; and

o A statement that all parties signed the agreement free of duress and coercion.

 Current Practice. It is the Nation’s current practice to offer stipulations to defendants for violations

of the Nation’s Domestic Animals law. Stipulations typically involve the Nation lowering a fine

amount. Currently, this practice is not outlined in detail in any law of the Nation.

o Comparison to State of WI. For cases in Wisconsin circuit court, stipulations are typically

handled by the prosecutor’s office. Oneida Nation does not have a prosecutor or exercise

criminal jurisdiction, so in this instance, the Nation is represented by an attorney of the

Law office who assumes these responsibilities for violations the Nation’s civil laws.

 Effect. Although offering stipulations is the current practice of the Nation, placing the process in

the law will formally establish this authority for the authorized attorneys of the Nation.

E. Citation Pre-Hearing. All citations will include a pre-hearing date with the Court which will be set at

least thirty (30) days after the citation was issued, unless stated otherwise by a law of the Nation [8

Page 5 of 15

Public Packet

42 of 149

Analysis to Draft 4

2020 02 05

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

O.C. 807.6-1]. The Judiciary’s current practice is to hold citation pre-hearings on the third Thursday of

each month.

 Mandatory Appearance. Appearance at a pre-hearing is only mandatory when a law, policy, rule

or resolution of a Nation requires a mandatory appearance for that specific violation of the law.

Most violations of the Nation’s laws do not require a mandatory appearance.

o Example: The Domestic Animals law fine, penalty and licensing fee schedule requires a

mandatory court appearance for mistreatment of animals [BC Resolution 05-08-19-D].

 Paying Fine or Penalty. If an appearance is not mandatory and the individual does not want to

contest (or challenge) the citation, the individual may pay the fine or penalty listed on the citation

before the pre-hearing date and the citation will be considered satisfied.

 Contesting a Citation. If an individual wants to contest their citation, that person can appear at the

pre-hearing to contest the citation. If an appearance at the pre-hearing isn’t mandatory, that

individual can also send a written notice to the Court with a copy to the Law Office notifying the

court that they wish to contest the citation.

 Default Judgment. If the defendant does not pay their fine or enter into a stipulation before their

pre-hearing date and fails to appear at their pre-hearing or provide notice to the court, then the court

may enter a default judgment against the defendant. In other words, if a defendant “ignores” their

citation, the court can automatically find them guilty of the violation.

o Consequences. A default judgment can include the fine amount due, restitution, suspension

of rights, privileges and licenses, or any other penalty authorized by laws of the Nation.

F. Citation Hearing. If a defendant contests that they committed the violation that resulted in the citation,

then the Court will schedule a hearing within ninety (90) days of the pre-hearing date. In other words,

if the defendant argues that they did not commit the violation or that the citation was issued

inappropriately, the defendant has an opportunity to challenge their citation at a court hearing [8 O.C.

807.6-2].

 Burden of Proof. The burden of proof at a citation hearing is “clear and convincing evidence.” This

means that the Nation must provide evidence “indicating that the [allegation] to be proved is highly

probably or reasonably certain” [see Black’s Law Dictionary].

o Current Standard of Proof. The Nation’s Rules of Civil Procedure state that the standard

of proof for all matters to be decided by the Court shall be proven by a “preponderance of

the evidence” standard, unless specified otherwise [8 O.C. 803.4-8]. “Preponderance of

the evidence” is the burden of proof in most civil trials and means that there is sufficient

evidence that there is a greater than 50% chance that the claim is true.

o Effect. This law sets a higher burden of proof than the Judiciary is currently using for

citation hearings under the laws of the Nation. This means that the Nation and its agencies

(represented by its authorized attorney) will have to meet this higher burden of proof when

a citation is challenged by a defendant. This will only apply to citation hearings. All other

hearings of the court will utilize the “clear and convincing evidence” standard unless

otherwise noted in another law of the Nation.

 Appeals. Anyone who wishes to appeal a judgment of the court may appeal to the Nation’s Court

of Appeals in accordance with the Rules of Appellate Procedure [8 O.C. 807.6-3].

o The Rules of Appellate Procedure state that a notice of appeal must be filed within thirty

(30) days after the Trial Court’s order is rendered [8 O.C. 805.5].

G. Exclusion. This law will not apply to any law of the Nation that delegates hearing authority to a hearing

body other than the Judiciary [8 O.C. 807.7]. The Oneida Land Commission retains hearing authority

for citations issued under two of the Nation’s laws. Therefore, the proposed Citations law will not apply

to citations issued under the following two laws:

 Zoning and Shoreland Protection law [6 O.C. 605].

 Non-Metallic Mining Reclamation law [4 O.C. 402].

Page 6 of 15

Public Packet

43 of 149

Analysis to Draft 4

2020 02 05

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

224

SECTION 6. EXISTING LEGISLATION

A. Which Laws of the Nation will the New Citations Process Apply to? Many laws of the Nation authorize

citations, fines or forfeitures for violations. The intent of the proposed Citations law is to establish a uniform

process that can apply to all of these laws without conflict. Some of these laws were updated after the

creation of the Nation’s Judiciary and conform cleanly with the process in this proposed Citations Law.

However, other laws are decades-old and conform less clearly due to changes in drafting style and the

Nation’s organizational structure over the years. The following charts provide a summary of the Nation’s

laws that authorize citations, fines, forfeitures or penalties and whether the proposed Citations law will

apply.

 Laws that Authorize Citations & Include Judiciary Appeals Process with Timelines. The

following laws of the Nation specifically authorize the issuance of citations and include a process

for contesting citations in the Judiciary Trial Court with required timelines for citations hearings.

The proposed Citations law conforms with these timeframes and adds additional process and

requirements.

o Conclusion: The proposed Citations will apply to any citations issued under the following

laws of the Nation:

Chart 2. Oneida Laws that Authorize Citations & Include Judiciary Appeals Process.

Chapter

Law

Authority to Enforce

Example Violation

304

Domestic Animals

Oneida Police

Dangerous animal;

Department and Oneida

prohibited animal; animal

Conservation

running at large.

406

Hunting,

Fishing Oneida Police

Failure possess license;

and Trapping

Department and Oneida

Failure to tag,

Conservation

Unlawfully

hunting/shooting from a

vehicle.

410

All Terrain Vehicle Oneida Police

Operating all-terrain

Department and Oneida

vehicle in a careless

Conservation

manner, on private

property without consent,

on tribal lands without

consent

609

Public Use of

Oneida Police

Trespassing.

Tribal Land

Department and Oneida

Conservation

Laws that Authorize Citations & Refer to Citations law for Judiciary Appeals Process. The

following laws of the Nation specifically authorize the issuance of citations and state that citations

will be processed in accordance with the procedure contained “in the Nation’s laws and policies

governing citations.” This refers to the proposed Citations law and Judiciary Law Rule No. 1 –

Oneida Trial Court Rules.

o Conclusion: The proposed Citations will to apply to any citations issued under the

following law of the Nation:

Chart 3. Oneida Laws that Authorize Citations & Reference Citations law.

Chapter

Law

Authority to Enforce

Example Violation

308

Curfew

Oneida Police

Minor violating curfew.

Department

225

Page 7 of 15

Public Packet

44 of 149

Analysis to Draft 4

2020 02 05

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

Laws that Authorize “Fines, Penalties and Forfeitures” and Include Judiciary Appeals Process

with Timelines. The following laws of the Nation authorize “fines, penalties or forfeitures” and

include a process for contesting citations in the Judiciary Trial Court with required timelines for

citation hearings. The proposed Citations law conforms with these timeframes and adds additional

process and requirements.

o Conclusion: The proposed Citations law appears to apply to any citations issued under the

following laws of the Nation:

Chart 4. Laws that Authorize Fines and Include Judiciary Appeals Process w/Timelines.

Chapter Law

Authority to Enforce

Example Violation

401

Tribal

Environmental Health,

Violating a compliance

Environmental

Safety and Land Division order issued by Division

Response Law

for discharging hazardous

substance.

404

Well Abandonment

Environmental Health,

Failure to comply within

Law

Safety and Land Division ten (10) days of written

notice of violation.

407

Onsite Waste

Environmental Health,

Failure to correct on-site

Disposal Ordinance Safety and Land Division waste disposal system,

(“Environmental

constituting threat to

Specialist”)

public health.

409

Water Resources

Oneida Conservation

Failure to report

discharging substance to

waters of reservation.

Laws that Authorize Citations and Do Not Include Judiciary Appeals Process. The following

laws of the Nation specifically authorize citations but do not specify a process or timeframe for

how citations may be contested in the Judiciary. The process and timeframes included in the

Citations law will now apply to any citations issued under these laws.

o Conclusion: The proposed Citations law will apply to any citations issued under the

following law of the Nation:

Chart 5. Oneida Laws that Authorize Citations and Do Not Include Judiciary Appeals Process.

Chapter

Law

Authority to Enforce

Example Violation

405

Recycling and Solid Oneida Police

Improperly dumping

Waste Disposal*

Department and Oneida

solid waste within

Conservation

reservation boundaries

*The Recycling and Solid Waste Disposal Law is currently on the LOC’s Active Files List

for amendments.

Laws that Authorize “Fines, Penalties and Forfeitures” and Include Judiciary Appeals Process

without Timelines. The following laws of the Nation authorize “fines, penalties or forfeitures” and

state that appeals may be filed with the Judiciary, but do not specify a process or timeframe for

how those appeals will be handled. It appears that the process and timeframes included in the

Citations law will likely apply to any citations issued under these laws.

o Conclusion: The proposed Citations law appears to apply to any citations issued under the

following laws of the Nation:

Page 8 of 15

Public Packet

45 of 149

Analysis to Draft 4

2020 02 05

Chart 6. Oneida Laws that Authorize Fines and Include Judiciary Appeals Process w/o Timelines

Chapter Law

Authority to Enforce

Example Violation

115

Tobacco

Oneida Police

Selling tobacco products

Department

in violation of the law.

302

Emergency

Oneida Police

Willfully obstruct, hinder

Management and

Department

or delay the

Homeland Security

implementation of

emergency response.

305

Oneida Food

Environmental Health,

Selling food or food

Service Code*

Safety and Land Division products on tribal

and Licensing.

property without a

license.

306

Tattoo and Body

Environmental Health,

Performing tattooing or

Piercing

Safety and Land Division body piercing without a

and Licensing.

license.

701

Marriage

Licensing Department

False statement to obtain

a marriage license.

*The Oneida Food Service Code is currently on the LOC’s Active Files List for amendments.

257

258

259

260

261

262

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

Laws that Authorize “Fines, Penalties and Forfeitures” and Do Not Include Judiciary Appeals

Process. The following laws of the Nation authorize “fines, penalties and forfeitures” but do not

specify a process or timeframe for how citations may be contested in the Judiciary. It appears that

the process and timeframes included in the Citations law will likely apply to any citations issued

under these laws.

o Conclusion: The proposed Citations law appears to apply to any citations issued under the

following laws of the Nation:

Chart 7. Oneida Laws that Authorize Fines and Do Not Include Judiciary Appeals Process.

Chapter

Law

Authority to Enforce

Example Violation

114

Notary Act

“Official designated by

Impersonating a notary

Oneida Business

public.

Committee.”

408

Sanitation

Utilities Department.

Continuing Violations.

Ordinance

Laws that Authorize Citations but include Land Commission Appeals Process. The following

laws of the Nation authorize citations, but direct that any appeals be filed with the Land

Commission rather than the Nation’s Judiciary. Therefore, the following laws are excluded from

the proposed Citations law [8 O.C. 807.7-1].

o Conclusion: The proposed Citations law will not apply to citations issued under the

following laws of the nation.

Chart 8. Oneida Laws that Authorize Citations and Conflict with Proposed Citations Law

Chapter Law

Authority to Enforce

Example Violation

402

Non-Metallic Mine

Environmental

Health, Violating an order

Reclamation

Safety and Land Division requiring an operator to

or designee.

comply with the law.

605

Zoning and

Zoning Administrator.

Public Nuisance. Failure

Shoreland

to obtain land use permit

Protection

or conditional use permit.

Page 9 of 15

Public Packet

46 of 149

Analysis to Draft 4

2020 02 05

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

301

302

303

304

305

306

307

308

309

310

311

312

313

314

315

316

317

318

319

320

Laws that include Penalties but Do Not Fall Under Proposed Citations law. The following laws

of the Nation authorize various alternative penalties for violations of the law, but do not include a

citation process or Judiciary appeals process. It can be reasonably concluded that the following

laws would not fall under the jurisdiction of the proposed Citations law as currently drafted.

o Conclusion: The proposed Citations law does not appear to apply to penalties issued under

the following laws.

Chart 9. Oneida Nation Laws with Other Penalties Where Citations Law Does Not Apply.

Chapter Law

403

Oneida Woodcutting Ordinance

411

Clean Air Policy

505

Motor Vehicle Registration

507

Alcohol Beverage Licensing Law

602

Leasing Law

603

Building Code

B. Detailed Review of Laws of the Nation that Authorize Citations with Land Commission Appeals

Process. The following laws of the Nation authorize citations but direct that appeals be heard by the

Land Commission rather than the Judiciary:

 Zoning and Shoreland Protection law [6 O.C. 605]

o Purpose. The purpose of the Zoning and Shoreland Protection law includes establish a

zoning plan for tribal lands, regulate the use of lands and buildings and provide for the

administration and enforcement of this law, among other purposes [3 O.C. 304.1-1].

o Enforcement. Any person who violates any provision of this law, or who shall take any

action on or with respect to any land or structure which is not in compliance with this law,

shall be guilty of a civil infraction and shall be issued a fine in accordance with the schedule

adopted by the Oneida Business Committee upon recommendation of the Land

Commission.

o Appeals. Any person issued a fine under this law may contest the fine by attending a

hearing before the Land Commission. The fine shall specify the date, time and place of the

hearing. The hearing shall take place at least five (5) days after the fine is issued. After the

hearing, the Land Commission shall determine whether the person is responsible for the

fine, as was issued by the Zoning Administrator and may set a new date for when the fine

shall be paid.

o Conclusion. The proposed Citations law states that citation hearings shall be heard in the

Oneida Judiciary, while the Zoning and Shoreland Protection law states that fines issued

under that law must be contested at a hearing of the Oneida Land Commission. Therefore,

this law is excluded from the proposed Citations law [8 O.C. 807.7-1]. The proposed

Citations law will not apply to citations issued under the Zoning and Shoreland Protection

law.

 Non Metallic Mine Reclamation law [4 O.C. 406]

o Purpose. The purpose of the Non-Metallic Mine Reclamation law is to ensure the effective

reclamation of nonmetallic mining sites on which nonmetallic mining takes place within

the boundaries o the reservation [4 O.C. 402.1-1].

o Enforcement. The Oneida Zoning Department or designee may issue a citation to collect

fines to enforce this law, a permit issued pursuant to this law or a reclamation plan approved

under this law.

o Appeals. A person who is subject to a citation issued pursuant to this section shall have

sixty (60) days to either appeal the citation to the Land Commission or review or pay the

fine.

Page 10 of 15

Public Packet

47 of 149

Analysis to Draft 4

2020 02 05

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

358

359

360

361

362

363

364

365

366

367

368

369

370

Conclusion. The proposed Citations law states that citations hearings shall be heard in the

Oneida Judiciary, while the Non-Metallic Mine Reclamation Law states that appeals shall

be heard by the Land Commission. Therefore, this law is excluded from the proposed

Citations law [8 O.C. 807.7-1]. The proposed Citations law will not apply to citations

issued under the Non-Metallic Mine Reclamation law.

C. Detailed Review of Laws of the Nation that Authorize Citations. The following laws of the Nation

authorize citations, fines or forfeitures and do not conflict with the proposed Citations law. The

provisions of the proposed Citations law will likely apply to citations issued under any of the following

laws:

 Domestic Animals law [3 O.C. 304]

o Purpose. The purpose of the Domestic Animals law is to protect the health, safety, and

welfare of the community set minimum standards for treatment of animals; prohibit certain

species of animals from being brought on the reservation; regulate the keeping of livestock

on lots zoned residential, and establish consequences for damages caused by domestic

animals [3 O.C. 304.1-1].

o Enforcement. The Oneida Police Department and Oneida Conservation Wardens have the

authority to issue citations according to the fine and penalty scheduled developed in

accordance with the Domestic Animals law.

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Domestic Animals law. The new requirements of the proposed Citations law will

now apply to any citations issued under the Domestic Animals law.

 Curfew law [3 O.C. 308]

o Purpose. to protect the health, safety, and welfare of persons and property within the

Reservation by regulating the activities of minors on the Reservation during certain

hours, while imposing certain obligations and responsibilities upon the parents,

guardians, and/or legal custodians of a minor for the control and supervision of that

minor [3 O.C. 308.1-1].

o Enforcement. The Oneida Police Department has the authority to enforce this law and issue

citations to the minor or minor’s parent for curfew violations in accordance with the law

[3 O.C. 308.6].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Curfew law. The new requirements of the proposed Citations law will now apply to

any citations issued under the Curfew law.

 Hunting, Fishing and Trapping law [4 O.C. 406]

o Purpose. The purpose of the Hunting, Fishing and Trapping law is to protect and conserve

wildlife on the reservation and to promote respect among sportsmen and the environment

[4 O.C. 406.1-1].

o Enforcement. The Oneida Police Department and Oneida Conservation Wardens may issue

citations to any person found in violation of the law or corresponding rules. [4 O.C. 406.54 and 406.10].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Hunting, Fishing and Trapping law. The new requirements of the proposed Citations

law will now apply to any citations issued under the Hunting, Fishing and Trapping law.

 All-Terrain Vehicle law [4 O.C. 410]

o Purpose. The purpose of the All-Terrain Vehicle law is to govern the safe use of all-terrain

vehicles within the jurisdiction of the Oneida Reservation to allow enforcement for

protection of the community members and environment [4 O.C. 410.1-1].

o Enforcement. The Oneida Police Department and Oneida Conservation Wardens are

authorized to enforce and take any appropriate action to prevent or remove a violation of

this law. Citations for violations of this law and/or orders issued pursuant to this law

o

Page 11 of 15

Public Packet

48 of 149

Analysis to Draft 4

2020 02 05

371

372

373

374

375

376

377

378

379

380

381

382

383

384

385

386

387

388

389

390

391

392

393

394

395

396

397

398

399

400

401

402

403

404

405

406

407

408

409

410

411

412

413

414

415

416

417

418

419

include sanctions, fines and penalties in accordance with the fine schedule developed in

accordance with the law [4 O.C. 410.6 and 410.7].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the All-Terrain Vehicle law. The new requirements of the proposed Citations law will

now apply to any citations issued under the All-Terrain Vehicle law.

Public Use of Tribal Land law [6 O.C. 609]

o Purpose. The purpose of the Public Use of Tribal Land law is to prevent improper access,

use and trespass to tribal lands [6 O.C. 609.1-1].

o Enforcement. The Oneida Police Department and Oneida Conservation Wardens are

authorized to take any appropriate action to prevent or remove a violation of this law.

Citations for violation of this law may include fines, penalties and other orders in

accordance with the citation schedule applicable to this law [6 O.C. 609.7].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Public Use of Tribal Land law. The new requirements of the proposed Citations law

will now apply to any citations issued under the Public Use of Tribal Land law.

Recycling and Solid Waste Disposal law [4 O.C. 405]

o Purpose. The purpose of the Recycling and Solid Waste Disposal law is to promote the

health, safety and welfare of residents and members of the Oneida Nation through the

establishment of standards necessary to the sanitary and environmentally sound disposal

of recyclable materials [4 O.C. 405.1-1].

o Enforcement. All Oneida Reservation Conservation Enforcement Officers and Police

Officers shall be empowered to enforce the provisions of this law. Any person who violates

a provision of this “ordinance” may be issued a citation by the Oneida Conservation

Warden(s) [4 O.C. 405.12].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Recycling and Solid Waste Disposal law. The new requirements of the proposed

Citations law will now apply to any citations issued under the Recycling and Solid Waste

Disposal law.

Tribal Environmental Response law [4 O.C. 401]

o Purpose. The purpose of the Tribal Environmental Response law is to regulate the

identification, investigation and remediation of discharges of hazardous substances to the

environment, identify sites where discharge has occurred, and eliminate contamination

from and control the threat of discharge of hazardous substances [4 O.C. 401.1-1].

o Enforcement. Any person who does not comply with a compliance order issued by the

Environmental Health, Safety and Land Division may receive a penalty in accordance with

the fine schedule. Any order issued pursuant to this law that is not complied with may be

physically enforced by the Division [4 O.C. 401.10].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Tribal Environmental Response law. The new requirements of the proposed Citations

law will now apply to citations issued under the Tribal Environmental Response law.

Onsite Waste Disposal [4 O.C. 407]

o Purpose. The purpose of the Onsite Waste Disposal law is to establish regulations to ensure

that private onsite sewage treatment systems will fulfill Oneida Tribal goals for improving

environmental health and safety [4 O.C. 407.1-2].

o Enforcement. The Environmental Specialist may issue an Administrative Enforcement

Order when a violation of any provision of this law occurs… the Order shall be given to

the party responsible for the violation and shall state the nature of the violation, possible

penalties for failure to correct, and shall state the right to contested the matter with the

Oneida Judiciary [4 O.C. 407.7-1].

Page 12 of 15

Public Packet

49 of 149

Analysis to Draft 4

2020 02 05

420

421

422

423

424

425

426

427

428

429

430

431

432

433

434

435

436

437

438

439

440

441

442

443

444

445

446

447

448

449

450

451

452

453

454

455

456

457

458

459

460

461

462

463

464

465

466

467

468

469

Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Onsite Waste Disposal law. The new requirements of the proposed Citations law will

now apply to any citations issued under the Onsite Waste Disposal law.

Water Resources [4 O.C. 409]

o Purpose. The purpose of the Water Resources law is to grant necessary powers and to

organize a comprehensive program under a single tribal department for the enhancement

of the quality management and protection of all waters of the Reservation, ground and

surface, public and private [4 O.C. 409.1-2].

o Enforcement. The Oneida Conservation Department shall enforce this law, and all rules

and orders issued by the Department [4 O.C. 409.6-3].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Water Resources law. The new requirements of the proposed Citations law will now

apply to any citations issued under the Water Resources law.

Emergency Management and Homeland Security law [3 O.C. 302]

o Purpose. The purpose of the Emergency Management and Homeland Security law is to

provide for the development and execution of plans for the protection of residents, property

and the environment in an emergency or disaster [3 O.C. 302.1-1].

o Enforcement. Violators of this law may be subject to a fine of not more than two hundred

dollars ($200) per violation to be issued by the Oneida Police Department [3 O.C. 302.9].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Emergency Management and Homeland Security law. The new requirements of the

proposed Citations law will now apply to any citations issued under the Emergency

Management and Homeland Security law.

Oneida Food Service Code [3 O.C. 305]

o Purpose. The purpose of the Oneida Food Service Code is to protect and preserve the safety

of Oneida Nation citizens and others within its jurisdiction in conjunction with the most

current United States Public Health Service Food Code [3 O.C. 305.1-1].

o Enforcement. In addition to the suspension or closing down of a business that violates the

law, a food service vendor who violates any provision of the code shall forfeit not less than

five dollars ($5) nor more than five hundred dollars ($500) upon conviction. Environmental

Health, Safety and Land Division, Licensing Department and Oneida Police Department

have authority to enforce various provisions of this law.

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the current Oneida Food Service Code. The new requirements of the proposed Citations

law will appear to apply to any citations issued under the Oneida Food Service Code.

Tattoo and Body Piercing [3 O.C. 306]

o Purpose. The purpose of the Tattoo and Body Piercing law is to regulate tattooists, tattoo

establishments, body piercers and body piercing establishments under the jurisdiction of

the Tribe in order to protect public health and safety [3 O.C. 306.1-1].

o Enforcement. Environmental Health and Safety Division and Licensing Department [3

O.C. 306.13].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Tattoo and Body Piercing law. The new requirements of the proposed Citations law

appear to apply to any citations issued under the Tattoo and Body Piercing law.

Tobacco law [1 O.C. 115]

o Purpose. The purpose of the Tobacco law is to regulate the sale, possession and distribution

of cigarettes within the Reservation [1 O.C. 115].

o Enforcement. Violators subject to the jurisdiction of the Nation shall be subject to a fine of

not more than ten dollars ($10) per pack of un-stamped cigarettes to be issued by the Oneida

Police Department and paid to the Nation [1 O.C. 115.8-1].

o

Page 13 of 15

Public Packet

50 of 149

Analysis to Draft 4

2020 02 05

470

471

472

473

474

475

476

477

478

479

480

481

482

483

484

485

486

487

488

489

490

491

492

493

494

495

496

497

498

499

500

501

502

503

504

505

506

507

508

509

510

511

512

513

514

515

516

517

518

519

Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Tobacco law. The new requirements of the proposed Citations law will now apply

to any citations issued under the Tobacco law.

 Marriage law [7 O.C. 701]

o Purpose. The purpose of the Marriage law is to exercise the sovereign right of the Oneida

Nation to regulate the rights and responsibilities relating to marriages [7 O.C. 701.1-1].

o Enforcement. The Department shall promulgate rules that establish a fine schedule for

persons who violate this law [7 O.C. 701.7-1].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Marriage law. The new requirements of the proposed Citations law appear to apply

to any citations issued under the Marriage law.

 Notary Act [1 O.C. 114]

o Purpose. The purpose of the Notary Act is to promote, serve and protect the public interest

and to simplify, clarify and modernize the law governing notaries [1 O.C. 114.1-2].

o Enforcement. A notary who knowingly and repeatedly performs or fails to perform

any act prohibited or mandated, respectively, by this Act shall forfeit not less than $50.00

nor more than $500.00… Any and all of the sections of this Act may be enforced by an

official designated by the Oneida Business Committee for separate issues, or for all issues

[1 O.C. 114.6-4 – 114.6-9].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Notary Act law. The new requirements of the proposed Citations law appear to apply

to any citations issued under the Notary Act.

 Sanitation Ordinance [3 O.C. 306]

o Purpose. The purpose of the Sanitation Ordinance is to assure that any water and sanitary

utilities that are developed within the jurisdiction of the Oneida Tribe shall be operated and

maintained in a manner that is fiscally responsible, responsive to customer needs,

environmentally safe and governmentally functional [4 O.C. 408].

o Enforcement. Any person who shall continue any violation beyond the time limit provided

for in sec. (b) may be assessed a fine of not more than $250.00 [4 O.C. 408.11].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in Sanitations Ordinance. The new requirements of the proposed Citations law appear to

apply to any citations issued under the Sanitation Ordinance law.

D. References to Other Laws. The following laws of the Nation are referenced in the Citations law. The

proposed Citations law does not conflict with any of the referenced laws.

 Garnishment law. The defendant’s failure to satisfy a fine and/or restitution may result in per

capita attachment, wage garnishment and/or other collection processes available to the Court [8

O.C. 807.6-2(d)].

 Per Capita law. The defendant’s failure to satisfy a fine and/or restitution may result in per capita

attachment, wage garnishment and/or other collection processes available to the Court [8 O.C.

807.6-2(d)].

 Rules of Appellate Procedure. Any person wishing to contest the determination of the Court may

appeal to the Nation’s Court of Appeals in accordance with the Rules of Appellate Procedure [8

O.C. 807.6-3].

E. Existing Judiciary Rules. The Oneida Business Committee recently adopted Judiciary law Rule #1 –

Oneida Trial Court Rules. This new rule, developed by the Judiciary and adopted by the Oneida

Business Committee on September 25, 2019, includes procedures for how citation hearings are held at

the Judiciary [8 O.C. 801 Judiciary law Rule #1 – 1.17 Citation Hearings].

 Conclusion. The proposed Citations law does not conflict with the citation hearing procedures in

Judiciary Law Rule No. 1 – Oneida Trial Court Rules.

o

Page 14 of 15

Public Packet

51 of 149

Analysis to Draft 4

2020 02 05

520

521

522

523

524

525

526

527

528

529

530

531

532

533

534

535

536

537

538

539

540

541

542

543

544

545

546

547

548

549

550

551

552

553

554

555

556

557

558

559

560

561

562

563

SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS

A. Effect on Existing Rights. The proposed Citations law protects due process rights by:

 Requiring that all citations be properly noticed, including a notice of the defendant’s rights and

privileges, hearing dates and information;

 Ensuring that defendants have the right to contest their citations in the Nation’s Judiciary;

 Establish a formal process for stipulations that require defendants to acknowledge that they are

waiving their rights to contest the citation in court and sign a statement that they enter into the

agreement free of duress and coercion.

SECTION 8. ENFORCEMENT AND ACCOUNTABILITY

A.

Enforcement. Each law of the Nation typically includes an “enforcement” section which gives

authority to a specific agency or department to enforce the law. Most laws of the Nation are enforced

by the Oneida Police Department or Conservation Wardens. For more information, see “Section 6:

Existing Legislation.”

SECTION 9. OTHER CONSIDERATIONS

A. Current Citation Data. The following data is provided for information:

 Oneida Police Department

o Nineteen (19) Domestic Animals citations issued between September 2018 - August 2019.

The most common citations were “mistreatment of animals” and “animal running at large.”

o The department did not report issuing citations under any other laws of the Nation.

Source: Email communication with OPD (9/9/19).

 Oneida Conservation Wardens

o Oneida Police Department reported that Conservation issued no citations between

September 2018 - August 2019.

o Conservation issued at least one Hunting, Fishing and Trapping citation in 2017.

Source: Email communication with OPD (9/11/19).

 Conclusion: Based on available data, the most common citations issued by the Nation involve the

Domestic Animals law or the Hunting, Fishing and Trapping law.

B. Laws in Progress that Include Citations. At the time this analysis was drafted, the LOC is actively

working on drafting or amending the following laws which include citations:

 The Oneida Food Service Code

 Recycling and Solid Waste Disposal law.

C. Fiscal Impact. Review the fiscal impact statement submitted by the Finance Department for any fiscal

impacts.

 Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

emergency legislation [1 O.C. 109.6-1].

 A fiscal impact statement shall be submitted by agencies as directed by the Legislative Operating

Committee and may be prepared by any agency who may receive funding if the legislation is

enacted; who may administer a program if the legislation is enacted; who may have financial

information concerning the subject matter of the legislation; or by the Finance Office, upon request

of the Legislative Operating Committee [1 O.C. 109.6-1(a) and (b)].

Page 15 of 15

Public Packet

52 of 149

Draft 3 for OBC Consideration

2020 02 12

Title 8. Judiciary - Chapter 807

Kayanl^sla Ol$=wa>

Laws of issues/matters

CITATIONS

807.1. Purpose and Policy

807.2. Adoption, Amendment, Repeal

807.3. Definitions

807.4. Commencement of a Citation Action

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

807.5. Stipulations

807.6. Hearing Procedure

807.7. Exclusion

807.1. Purpose and Policy

807.1-1. Purpose. The purpose of this law is to provide a process that governs all citations that fall

under the jurisdiction of the Oneida Nation.

807.1-2. Policy. It is the policy of the Nation to provide a consistent process for handling citations

of the Nation in order to ensure equal and fair treatment to all persons who come before the

Judiciary to have their citations resolved.

807.2. Adoption, Amendment, Repeal

807.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.

807.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

807.2-3. 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.

807.2-4. 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.

807.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

807.3. Definitions

807.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Authorized attorney” means an attorney of the Nation who represents the department

or entity of the officer who issued the citation.

(b) “Citation” means a legal document that serves as a notice or summons to appear in a

court of the Nation in response to a charge against an individual of a violation of law.

(c) “Court” means the Nation’s Trial Court, Family Court, or any other specific courts or

divisions of the Nation’s Judiciary created by a law of the Nation which have been granted

jurisdiction to hear matters of citations.

(d) “Court of Appeals” means the branch of the Nation’s Judiciary delegated the authority

of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal

Council resolution GTC-03-19-17-A.

(e) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was

established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later

authorized to administer the judicial authorities and responsibilities of the Nation by

Oneida General Tribal Council resolution GTC-03-19-17-A.

(f) “Nation” means the Oneida Nation.

8. O.C. 807 – Page 1

Public Packet

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

53 of 149

Draft 3 for OBC Consideration

2020 02 12

(g) “No contest” means a plea by which a defendant will accept the charged violation of

law but does not plead or admit guilt.

(h) “Officer” means an individual authorized by a law of the Nation to issue a citation for

a violation of said law.

(i) “Person” means a natural person, sole proprietorship, partnership, corporation, limited

liability company, or any other form of a legal entity.

807.4. Commencement of a Citation Action

807.4-1. Action. The issuance of a citation shall commence a civil action in the Judiciary for a

violation of a law of the Nation for the purpose of collecting a fine or penalty imposed by the law

in the name of the Nation.

807.4-2. Authority to Issue. An officer may issue a citation to any person he or she has reasonable

grounds to believe has committed a violation of a law of the Nation that expressly permits the

issuance of a citation.

807.4-3. Form of Citation. A citation shall contain the following information:

(a) The name of the officer who issued the citation.

(b) The name, address, and date of birth of the defendant.

(c) The enrollment number and/or license number of the defendant, if applicable.

(d) Information about the alleged violation including:

(1) the violation alleged;

(2) the law violated;

(3) the time and place of the occurrence of the violation; and

(4) a description of the violation.

(e) A notice to appear at a date, time and place for the citation pre-hearing, and a statement

as to whether the appearance at the pre-hearing is mandatory.

(f) Provisions for payment of citation and stipulation in lieu of an appearance in Court, if

applicable.

(g) Notice that if the defendant does not pay the citation or stipulate to an agreement prior

to the pre-hearing and fails to appear in Court at the time fixed in the citation or provide

written notice to the Court that he or she is contesting the citation, the Court may issue a

default judgment which may include any fine amount due, restitution and/or suspension of

any rights, privileges, or licensures, or any other penalty authorized by law.

(h) Notice that failure to satisfy a fine, restitution, or any other part of the judgment, may

result in per capita attachment, wage garnishment, revocation, suspension of any rights,

privileges, licensures, and/or any other action authorized by law and/or other collection

processes available to the Court.

(i) Any other relevant information.

807.4-4. Service of a Citation. The defendant is served with a citation when one of the following

occurs:

(a) Personal Service. The citation is provided to the defendant directly by the officer, or

a copy of the citation is left at the defendant’s home or usual place of abode by the officer:

(1) in the presence of a competent family member at least fourteen (14) years of

age who shall be informed of the contents of the citation; or

(2) in the presence of a competent adult who resides in the home or usual place of

abode of the defendant, who shall be informed of the contents of the citation.

(b) Mail Service. If personal service is not possible, and the defendant's address is known

or with reasonable diligence can be ascertained, then mail service may be used. For service

8. O.C. 807 – Page 2

Public Packet

85

86

87

88

89

90

91

92

93

94

95

96

97

98

99

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

54 of 149

Draft 3 for OBC Consideration

2020 02 12

by mail, a copy of the citation may be delivered to the defendant’s last known address by

certified mail with return receipt. The certified mail return receipt shall be signed by the

defendant or a competent family member at least fourteen (14) years of age or an adult who

resides in the home of the defendant.

(1) The certified mail return receipt shall be filed with the Court as proof of service.

(c) Service by Publication. If after a showing of due diligence personal service and mail

service were not possible, then service may be completed by publication as a last resort.

The publication shall be in the Nation’s newspaper and shall be designated as “Legal

Notice.” The department of the officer and/or authorized attorney shall publish this notice

at least two (2) times within a thirty (30) day period. The two (2) notices shall be published

a minimum of ten (10) days before the citation pre-hearing.

(1) Copies of the two (2) published notices and written report stating the facts

surrounding the failure of personal and mail service shall be filed with the Court as

proof of service.

(2) If service by publication is required and there is insufficient time for proper

service before the pre-hearing, the Court may, on its own, order different time limits

for service by publication and/or re-schedule the pre-hearing appropriately in order

to provide for fair notice and opportunity for the defendant to respond.

(3) The Court may order the defendant to reimburse the department of the officer

and/or the authorized attorney for any costs incurred from service by publication.

807.4-5. Filing of a Citation. Absent exigent circumstances, the department of the officer who

issued the citation shall file the citation with the Court along with any applicable proof of service

at least thirty (30) days prior to the date of the pre-hearing.

(a) Citations may be filed in person or electronically transmitted to the Court. Citations

that are electronically transmitted to the Court are deemed filed upon confirmation of

receipt by the Clerk of Court assigned to the branch of the Judiciary that will hear the

citation.

(b) After filing the citation with the Court, the department of the officer who issued the

citation shall forward the citation and all relevant accompanying information to the

authorized attorney. Relevant information to accompany the citation may include, but is

not limited to, a narrative by the officer and/or history of violations by the defendant.

807.4-6. Amendments to the Citation. A citation may be amended by an officer or the authorized

attorney prior to the citation pre-hearing. A copy of the amended citation shall be provided to the

defendant in accordance with section 807.4-4, and filed with the Court, at least five (5) days before

the citation pre-hearing. After the hearing, the citation may only be amended at the discretion of

the Court, upon notice to the parties and an opportunity to be heard.

807.5. Stipulations

807.5-1. Authority for Stipulations and Case Settlement. An authorized attorney of the Nation is

granted the discretion to seek the settlement of a citation.

(a) When seeking to enter into a stipulation the authorized attorney shall explain to the

defendant all provisions included in the stipulation as required by section 807.5-2(a)-(d).

807.5-2. Form of Stipulation. Any stipulation between an authorized attorney and the defendant

shall be in writing and signed. The stipulation shall include the following:

(a) A summary of the citation violation information included on the citation;

(b) The details of the stipulation including any fine, penalty, condition, or payment plan

the defendant shall comply with;

8. O.C. 807 – Page 3

Public Packet

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

177

178

55 of 149

Draft 3 for OBC Consideration

2020 02 12

(c) A statement that by entering into the stipulation the defendant is admitting that he or

she committed the act for which the citation was issued or is entering a plea of no contest

and thereby waives his or her right to contest the citation with the Court; and

(d) A statement that all parties signed the agreement free of duress and coercion.

807.5-3. Submission of the Stipulation to the Court. If the authorized attorney and defendant reach

an agreement through the stipulation, the stipulation shall be submitted to the Court for the Court’s

approval.

(a) If the Court enters an order approving the stipulation as written, a copy of the order

shall be provided to the authorized attorney and defendant.

(b) If the Court does not enter an order approving the stipulation as written or requests

clarification, the Court shall schedule the matter for a hearing. The Court shall provide the

authorized attorney and defendant notice of the hearing date and written explanation as to

why the Court did not approve the stipulation of the parties.

807.5-4. If the authorized attorney and defendant do not reach an agreement as to a stipulation,

then the parties shall proceed with the citation hearing process.

807.5-5. Compliance with a stipulation shall be monitored by the authorized attorney. The

authorized attorney may file a motion with the Court to enforce the terms of a stipulation or file a

motion for contempt if the defendant is non-compliant with the terms of the stipulation.

807.6. Hearing Procedure

807.6-1. Citation Pre-Hearing. All citations shall include a pre-hearing date with the Court which

shall be set at least thirty (30) days after the citation was issued, unless stated otherwise by a law

of the Nation.

(a) Appearance at the pre-hearing shall be mandatory only when a law, policy, rule, or

resolution of the Nation requires a mandatory appearance for that specific violation of law.

(b) If an appearance is not mandatory, and a person does not wish to contest the citation,

a person may pay the fine and/or penalty as listed on the citation prior to the pre-hearing

date.

(1) If the person pays the fine and/or penalty as listed on the citation prior to the

pre-hearing date the citation shall be considered satisfied.

(c) If a person wishes to contest the citation, the person shall provide notice to the Court

in one (1) of the following manners:

(1) appear at the pre-hearing to contest the citation; or

(2) if an appearance is not mandatory, send written notice to the Court, with a copy

to the Oneida Law Office, prior to the pre-hearing notifying the Court that the

defendant wishes to contest the citation.

(d) At the pre-hearing the Court shall accept pleas which either contest or admit committing

the act for which the citation was issued, or a plea of no contest.

(1) If the defendant admits committing the act for which the citation was issued

the Court shall provide a statement that by admitting that he or she committed the

act for which the citation was issued the defendant thereby waives his or her right

to contest the citation with the Court. The Court shall obtain an affirmative

acknowledgment from the defendant of that waiver of rights.

(e) In addition to scheduling requested hearings, the Court may also make conditional

orders at the pre-hearing which are effective until the matter is resolved.

(f) If a defendant does not appear at the pre-hearing or submit written notice that he or she

is contesting the citation when there is a non-mandatory appearance, and the defendant has

8. O.C. 807 – Page 4

Public Packet

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

56 of 149

Draft 3 for OBC Consideration

2020 02 12

not entered into a stipulation or paid the fine and/or penalty as listed on the citation, the

Court may proceed to enter a default judgment.

(1) A default judgment may include any fine amount due, restitution, suspension

of any rights, privileges, or licensures, and/or any other penalty authorized by law.

(2) Unless otherwise noted by the Court, a defendant shall have ninety (90) days

to satisfy a default judgment by paying any fine and/or complying with any

condition or penalty ordered.

807.6-2. Citation Hearing. For all persons entering a plea contesting the fact that he or she

committed the act for which a citation was issued, the Court shall schedule a hearing as

expeditiously as possible, provided that it shall be scheduled within ninety (90) days of the date of

the pre-hearing when possible.

(a) The burden of proof at the citation hearing shall be by clear and convincing evidence.

(b) As a result of the citation hearing the Court may issue an order which includes a

determination as to the underlying violation of law as well as any fine amount, restitution,

suspension of any rights, privileges, or licensures, and/or any other penalty as authorized

by law.

(c) A defendant who fails to satisfy a lawful order of the Court shall be subject to

punishment for contempt of court which may include fines, revocation and/or suspension

of any rights, privileges, licensures, or any other action authorized by law.

(d) The defendant’s failure to satisfy a fine and/or restitution may result in per capita

attachment, wage garnishment and/or other collection processes available to the Court.

807.6-3. Appeals of the Court’s Determinations. Any person wishing to contest the determination

of the Court may appeal to the Nation’s Court of Appeals in accordance with the Rules of Appellate

Procedure.

807.7. Exclusion

807.7-1. This law shall not apply to any law of the Nation which delegates hearing authority to a

hearing body other than the Oneida Judiciary.

End.

Adopted – BC-__-__-__-__

8. O.C. 807 – Page 5

Public Packet

57 of 149

Public Packet

58 of 149

Public Packet

59 of 149

Public Packet

60 of 149

Public Packet

61 of 149

Oneida Business Committee Agenda Request

Adopt resolution entitled Oneida Youth Conservation Project

1. Meeting Date Requested:

02 / 12 / 20

2. General Information:

Session:

Open

Agenda Header:

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

Resolutions

Accept as Information only

Action - please describe:

Adopt resolution entitled Oneida Youth Conversation Project

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Grant Authorization Form

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Debbie ThunderCloud, General Manager, Administration

Primary Requestor/Submitter:

Pat Pelky, Division Director, Land Management

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Shad Webster, Director, Natural Resources Department

Name, Title / Dept.

Additional Requestor:

Donald Miller/ Grant Specialist/ Grants Department

Name, Title / Dept.

Page 1 of 2

Public Packet

62 of 149

Oneida Business Committee Agenda Request

6. Cover Memo:

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

This is a grant offered by the state of Wisconsin to all Wisconsin Indian Tribes to cover the cost of summer

conservation based internship opportunities.

Annually the Oneida Nation commits funds to provide interns for the Natural Resources and other departments.

This grant will allow the departments to offer additional internship opportunities and offset the cost of interns

through grant funds and matching in-kind contributions.

The grant requires that the application include a Tribal resolution that expresses their interest in the funds and

supports the application on their behalf by the individual who will be responsible for the management of the

grant.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Public Packet

63 of 149

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

Oneida, WI 54155

BC Resolution # ____________

Oneida Youth Conservation Project

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

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

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

The Oneida Nation supports the development of learning opportunities for Oneida youth;

and

WHEREAS,

The Oneida Nation Currently supports an internship program for Oneida youth; and

WHEREAS,

This grant opportunity will allow the Conservation and other departments to expand the

number of internship opportunities; and

WHEREAS,

The Oneida Nation is eligible to receive funding from the DNR Summer Tribal Youth

Program; and

NOW THEREFORE BE IT RESOLVED, That, to support this effort the Oneida Business Committee will

request funding for a summer youth program from the Wisconsin Department of Natural Resources.

BE IT FUTHER RESOLVED, That the Oneida Business Committee authorizes and supports the Natural

Resource Director’s application on behalf of the Oneida Nation to the State of Wisconsin’s “Summer Tribal

Youth Program.

BE IT FUTHER RESOLVED, That the Oneida Business Committee authorizes the Natural Resource

Director to manage the program on behalf of the Oneida Nation, including submitting reimbursement

requests and the filing of all reports.

BE IT FINALLY RESOLVED, That the Oneida Business Committee authorizes the Natural Resource

Director to provide in-kind services to the program in an amount equal to 50% of the total program cost.

Public Packet

64 of 149

Public Packet

65 of 149

Public Packet

66 of 149

Oneida Business Committee Agenda Request

Determine next steps regarding one (1) vacancy - Oneida Environmental Resource Board

1. Meeting Date Requested:

02 / 12 / 20

2. General Information:

Session:

Open

Agenda Header:

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

Appointments

Accept as Information only

Action - please describe:

Determine next steps regarding one (1) vacancy(ies) - Oneida Environmental Resource Board

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Brooke Doxtator, Boards, Committees, and Commissions Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Public Packet

67 of 149

Oneida Business Committee Agenda Request

6. Cover Memo:

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

One (1) vacancy(ies) was posted for the Oneida Environmental Resource Board.

The application deadline was January 17, 2020 and one (1) application(s) was received for the following

applicant(s):

James R. Skenandore Jr.

Select action(s) provided below:

(1) accept the selected the applicant(s) and appoint James R. Skenandore Jr. to term ending September 30, 2021;

OR

(a) reject the selected applicant(s) and oppose the vote**; OR

(2) repost the vacancy(ies) in accordance with § 105.5-5. due to an insufficient number of applicants; OR

(3) request the Secretary to re-notice the vacancy(ies) in accordance with §105.7-1.(c)(2) due to ineligible,

unqualified, or under qualified applicants

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Public Packet

68 of 149

Oneida Business Committee Agenda Request

Accept the January 15, 2020, regular Legislative Operating Committee meeting minutes

1. Meeting Date Requested:

2

/ 12 / 20

2. General Information:

Session:

Open

Agenda Header:

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

Standing Committees

Accept as Information only

Action - please describe:

Accept the January 15, 2020 Legislative Operating Committee meeting minutes.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. 1/15/20 LOC meeting minutes

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P Jordan, LOC Chairman

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

Public Packet

69 of 149

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

January 15, 2020

9:00 a.m.

Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III, Daniel Guzman King

Excused: Jennifer Webster

Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Kristen Hooker, Jennifer

Falck, Rae Skenandore, Jameson Wilson, Rosa Laster, Bonnie Pigman, Lee Cornelius. Present via

Teleconference: Arthur Elm III, Diane Hill, Lloyd Ninham, Michael Coleman.

I.

Call to Order and Approval of the Agenda

David P. Jordan called the December 18, 2019, Legislative Operating Committee meeting

to order at 9:00 a.m.

Motion by Kirby Metoxen to adopt the agenda; seconded by Ernest Stevens III. Motion

carried unanimously.

II.

Minutes to be Approved

1. December 18, 2019

Motion by Ernest Stevens III to approve the December 18, 2019, Legislative Operating

Committee meeting minutes and forward to the Business Committee for consideration;

seconded by Daniel Guzman King. Motion carried unanimously.

III.

Current Business

1. Citations Law (1:00-11:37)

Motion by Kirby Metoxen to accept the updated public comment review memorandum,

draft, and legislative analysis; seconded by Daniel Guzman King. Motion carried

unanimously.

Motion by Ernest Stevens to approve the Citations law fiscal impact statement request

memorandum and forward to the Finance Department requesting a fiscal impact

statement be prepared and submitted to the Legislative Operating Committee by

January 29, 2020; seconded by Kirby Metoxen. Motion carried unanimously.

2. Children’s Burial Fund Policy Amendments (11:38-22:43)

Motion by Kirby Metoxen to accept legislative analysis; seconded by Ernest Stevens

III. Motion carried unanimously.

Motion by Kirby Metoxen to approve the public meeting packet and forward the

Children’s Burial Fund Policy Amendments to a public meeting to be held on February

13, 2020; seconded by Ernest Stevens III. Motion carried unanimously

Legislative Operating Committee Meeting Minutes of January 15, 2020

Page 1 of 2

Public Packet

70 of 149

3. Oneida Food Service Code Amendments (22:43-31:40)

Motion by Kirby Metoxen to approve the public meeting packet and forward the Food

Service Code Amendments to a public meeting to be held on February 6, 2020;

seconded by Daniel Guzman King. Motion carried unanimously

4. Sanctions and Penalties Law (31:41-36:42)

Motion by Ernest Stevens III to accept the public comments and public comment

review memorandum and defer to a work meeting for further consideration; seconded

by Daniel Guzman King. Motion carried unanimously.

IV.

New Submissions

1. Real Property Law Emergency Amendments (36:43-54:12)

Motion by Kirby Metoxen to add “Real Property Emergency Amendments” to the

active files list with Jennifer Webster and Ernest Stevens III as cosponsors; seconded

by Ernest Stevens III. Motion carried unanimously.

Motion by Kirby Metoxen to approve the Real Property Emergency Amendments

adoption packet and forward to the Oneida Business Committee for consideration with

adding cosponsors; seconded by Ernest Stevens III. Motion carried.

Ayes:

Ernest Stevens III, Kirby Metoxen

Abstained:

Daniel Guzman King

2. Southeast Oneida Tribal Services Advisory Board Amendments (54:18-1:04:16)

Motion by Daniel Guzman King to add the SEOTS Board bylaws to the active files list

for amendments with Daniel Guzman King as the sponsor; seconded by Ernest Stevens

III. Motion carried unanimously.

3. Tobacco Law Emergency Amendments (1:04:18-1:11:41)

Motion by Daniel Guzman King to add the Tobacco Law Emergency Amendments to

the active files list with Kirby Metoxen as the sponsor; seconded by Kirby Metoxen.

Motion carried unanimously.

For the record: Ernest Stevens III, “I support that motion, because we can’t have a

conversation if we don’t bring it there. That’s the only reason I’m supporting it.”

V.

Additions

VI.

Administrative Items

1. E-poll Results: Vehicle Driver Certification and Fleet Management Amendments

(1:11:58-1:12:34)

Motion by Kirby Metoxen to enter the E-poll into the record from 12/18/19 to approve

the January 23, 2020 Updated public meeting for the Vehicle Driver Certification and

Fleet Management Law Amendments; seconded by Daniel Guzman King. Motion

carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Kirby Metoxen to adjourn at 10:13 a.m.; seconded by Ernest Stevens III. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of January 15, 2020

Page 2 of 2

Public Packet

71 of 149

Oneida Business Committee Agenda Request

Approve the Southeastern Wisconsin Oneida Tribal Services Advisory Board bylaws amendments

1. Meeting Date Requested:

/ 12 / 20

2

2. General Information:

Session:

Open

Agenda Header:

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

Standing Committees

Accept as Information only

Action - please describe:

Consider adoption of the Southeastern Wisconsin Oneida Tribal Services Advisory Board bylaws

amendments which include;

1. Change the minimum number of members required from five to seven

2. Change the number required to make a quorum from three to four

3. Supporting Materials

Report

Resolution

Contract

Other:

1. SEOTS Bylaws Amendments

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P Jordan, LOC Chairman

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

Public Packet

72 of 149

Draft 1

2020 02 12

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

SOUTHEASTERN WISCONSIN ONEIDA TRIBAL SERVICES (SEOTS) ADVISORY

BOARD BYLAWS

Article I. Authority

1-1. Name.

The name of this entity shall be the Southeastern Wisconsin Oneida Tribal

Services (SEOTS) Advisory Board and may be referred to interchangeably

as SEOTS or the Board.

1-2.

Establishment. The Board was established through resolution BC-4-4-94-A, which was

adopted by the Oneida Business Committee on April 4, 1994 pursuant to

the authority delegated it under Article IV, Section 1 of the Oneida Nation

Constitution.

1-3.

Authority.

(a)

(b)

(c)

(d)

(e)

The Board was established for purposes of providing advice and

constructive input to the Southeastern Wisconsin Oneida Tribal Services

(SEOTS) Director working in partnership to formulate social services

programs for the Oneida people residing in Southeastern Wisconsin by,

including, but not limited to:

Acting as an ambassador for the SEOTS program by promoting its mission

whenever possible;

Reviewing the SEOTS program’s budget;

Guiding and advising the SEOTS administration;

Adhering to the appropriate chain of command in any and all relative

communications with the Oneida Business Committee; and

Carrying out all other powers and/or duties delegated to SEOTS by the laws

and/or policies of the Nation.

1-4.

Office.

The official mailing address of the Board shall be:

Southeastern Wisconsin Oneida Tribal Services Advisory Board

c/o Southeastern Wisconsin Oneida Tribal Services

5233 W. Morgan Avenue

Milwaukee, WI 53220

1-5.

Membership.

(a)

Number of Members. The Board shall consist of seven (7) members who

shall serve three (3) year terms.

(b)

Appointment. Board members shall be appointed in accordance with the

Boards, Committees and Commissions law.

(1)

Each member shall hold office until his/her terms expires, he/she

resigns, or his/her appointment is terminated in accordance with the

Boards, Committees and Commissions law.

(A)

Term Expiration. Although a member’s term has expired, he

or she shall remain in office until a successor has been sworn

in by the Oneida Business Committee.

(B)

Resignation. A member may resign at any time verbally at a

meeting or by delivering written notice to the Oneida

Page 1 of 9

Public Packet

73 of 149

Draft 1

2020 02 12

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

91

92

(c)

(d)

Business Committee Support Office and the Board Chairperson or Chairperson’s designee. The resignation is deemed

effective upon acceptance by motion of a Board member’s

verbal resignation or upon delivery of the written notices.

Vacancies. Vacancies on the Board shall be filled in accordance with the

Boards, Committees and Commissions law.

(1)

The Board Chairperson shall provide the Oneida Business

Committee recommendations on all applications for appointment by

the executive session in which the appointment is intended to be

made.

Qualifications of Members. Board members shall meet the following

qualifications:

(1)

Be an enrolled member of the Nation;

(2)

Be at least eighteen (18) years of age or over; and

(3)

Reside within one (1) of the following six (6) Southeastern

Wisconsin Counties: Milwaukee, Racine, Kenosha, Waukesha,

Ozaukee and Washington.

1-6.

Termination. A Board member may have his or her appointment terminated in accordance

with the Boards, Committees and Commissions law.

(a)

Upon majority vote of the members in attendance at a Board meeting of an

established quorum, the Board may, by formal motion and action, request

that the Oneida Business Committee terminate a member’s appointment for

one (1) or more of the following reasons:

(1)

Accumulating four (4) unexcused absences from regularly

scheduled meetings within a twelve (12) month period.

(A)

An absence shall be deemed unexcused if a member fails to

provide written notice of his or her pending absence to a

Board Officer at least thirty (30) minutes before the missed

meeting.

(2)

Failing to attend at least fifty percent (50%) of the regularly

scheduled meetings within a twelve (12) month period for any

reason.

(3)

Using alcohol while performing official responsibilities of the Board

or using illegal drugs at any time.

(4)

Violating these bylaws and/or any other laws of the Nation.

(5)

Receiving a felony conviction while serving on the Board.

1-7.

Trainings and Conferences. Board members shall be required to attend mandatory trainings

and/or conferences in the following areas:

(a)

Robert’s Rules of Order;

(b)

Oneida Language Classes; and/or

(c)

New Board Member Orientation by the SEOTS Director.

(d)

Regardless of the number of trainings/conferences that he or she is required

to attend, no member shall be eligible to receive stipends for attending more

than five (5) full days of mandatory trainings/conferences per year.

Page 2 of 9

Public Packet

74 of 149

Draft 1

2020 02 12

93

94

95

96

97

98

99

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

Article II. Officers

2-1. Officers.

The Board shall consist of the following Officers: Chairperson, ViceChairperson and Secretary.

2-2.

Responsibilities of the Chairperson. The responsibilities, duties and limitations of the

Chairperson shall be as follows:

(a)

Call and preside over all meetings of the Board.

(b)

Vote only in case of a tie.

(c)

Sign all correspondence of the Board.

(d)

Submit quarterly reports to the Oneida Business Committee, as well as

annual and semi-annual reports to the Oneida General Tribal Council, in

accordance with the Boards, Committees and Commissions law; and attend

or designate a Board member to attend the Oneida Business Committee

meeting where SEOTS’ quarterly report appears on the agenda.

(e)

Assign sub-committees as necessary and maintain Board functions and

responsibilities.

(f)

Prepare and follow scheduled order of business.

(g)

Perform such other duties and functions from time-to-time as may be

requested by the Director of SEOTS, who is of management staff of the

Oneida Nation; as required by the Constitution of the Oneida Nation; per

the direction of the Oneida General Tribal Council; or as provided for by

the laws of the Nation.

2-3.

Responsibilities of the Vice-Chairperson. The responsibilities, duties and limitations of the

Vice-Chairperson shall be as follows:

(a)

Perform the Chairperson’s duties under section 2-2 of these bylaws, in the

absence or incapacity of the Chairperson.

(1)

In the case of termination of appointment, resignation or death of

the Chairperson, the Vice-Chairperson shall become the Chairperson for the remainder of the Chairperson’s term.

(b)

Notify the Oneida Business Committee Support Office of any Board

vacancies or planned vacancies in accordance with the Boards, Committees

and Commissions law.

(c)

Perform such other duties and functions from time-to-time as may be

requested by the Director of SEOTS, who is of management staff of the

Oneida Nation; as required by the Constitution of the Oneida Nation; per

the direction of the Oneida General Tribal Council; or as provided for by

the laws of the Nation.

2-4.

Responsibilities of the Secretary. The responsibilities, duties and limitations of the

Secretary shall be as follows:

(a)

Provide notice of meeting agendas, documents, and minutes to all Board

members, as well as the public, in accordance with these bylaws and the

Nation’s Open Records and Open Meetings law.

Page 3 of 9

Public Packet

75 of 149

Draft 1

2020 02 12

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

(b)

(c)

(d)

(e)

(f)

Record and review the minutes of the Board’s meetings and submit recorded

minutes to the Oneida Business Committee Support Office in accordance

with these bylaws.

Maintain files for all minutes, reports and correspondence to and from the

Board in accordance with the Open Records and Open Meetings law.

Submit signed and completed A/P Check Request Forms, Minutes

Approved Signature Sheets, and Meeting Attendance Sheets to the

appropriate recipient.

In the event that both the Chairperson and Vice-Chairperson positions

become vacant before the end of their terms, call Board meetings to fill the

vacancies and preside over those meetings for the sole purpose of

conducting an election of new Officers, at which point the Chairperson, or

Vice-Chairperson in the absence of the Chairperson, shall preside.

Perform such other duties and functions from time-to-time as may be

requested by the Director of SEOTS, who is of management staff of the

Oneida Nation; as required by the Constitution of the Oneida Nation; per

the direction of the Oneida General Tribal Council; or as provided for by

the laws of the Nation.

2-5.

Selection of Officers. Officers of the Board shall serve one (1) year terms.

(a)

Any member of the Board may self-nominate or be nominated for the

offices of Chairperson, Vice-Chairperson or Secretary.

(b)

Elections of Officers shall take place at the first regular Board meeting of

an established quorum in March of each year by majority vote of the

members in attendance.

(c)

Board members may be dismissed from their Officer positions by majority

vote of the members in attendance at a Board meeting of an established

quorum.

(d)

Board members may hold only one (1) Officer position per Officer term.

2-6.

Budgetary Sign-Off Authority and Travel. The Board shall follow the Nation’s policies and

procedures regarding purchasing and sign-off authority.

(a)

Levels of budgetary sign-off authority for the Board shall be as set forth in

the manual titled, Oneida Tribe of Indians of Wisconsin Purchasing Policies

and Procedures, for Area Directors/Enterprise Directors.

(b)

All Board Officers have sign-off authority and (2) Officers shall be required

to sign-off on all budgetary requests, except as follows:

(1)

The Oneida Business Committee Support Office shall have sign-off

authority over requests for stipends, travel per diem and business

expense reimbursement.

(c)

Travel shall be approved by majority vote of the members in attendance at

a regular or emergency Board meeting of an established quorum.

2-7.

Personnel.

The Board shall not have authority to hire personnel for the benefit of the

Board.

Page 4 of 9

Public Packet

76 of 149

Draft 1

2020 02 12

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

227

228

229

Article III. Meetings

3-1. Regular Meetings. The Board’s regular meetings shall be held on the 2nd Monday of each

month, beginning at 6:00 p.m., in the SEOTS building located in

Milwaukee, Wisconsin.

(a)

The meeting date, time and location may change from time-to-time as

determined by a majority vote of the members consisting of no less than a

Board quorum so long as notice is provided to all members in writing and,

along with the public, in accordance with the Open Records and Open

Meetings law, prior to implementation of the new date, time and/or location.

(b)

The annual meeting schedule shall be posted in the SEOTS office, on the

Nation’s website and in the Kalihwisaks.

(c)

The Secretary shall provide notice of meeting agendas, documents and

minutes to all Board members in writing and, along with the public, in

accordance with the Open Records and Open Meetings law.

3-2.

Emergency Meetings. Emergency meetings may convene as needed outside of regular

meeting times when time sensitive issues require immediate action.

(a)

Board Officers may call emergency meetings so long as they provide notice

to the entire Board via telephone call and in writing a minimum of twentyfour (24) hours prior to the beginning of the meeting.

(1)

Notice provided to members via email must be sent to the official

Oneida Nation email address that was provided to each member to

conduct business electronically on behalf of the Board.

(2)

Notice of emergency meetings shall further be provided to all

members, as well as the public, in accordance with the Open

Records and Open Meetings law.

(b)

Within seventy-two (72) hours after an emergency meeting, the Board shall

provide the Nation’s Secretary with notice of the emergency meeting, the

reason for the emergency meeting, and an explanation as to why the matter

could not wait until the next regular meeting.

3-3.

Joint Meetings. Joint meetings with the Oneida Business Committee shall be held on an as

needed basis per the approval of the Oneida Business Committee.

(a)

Notice of the joint meeting agenda, documents and minutes shall be

provided, and the joint meeting conducted, in accordance with resolution

BC-03-27-19-D titled, Oneida Business Committee Joint Meetings with

Boards, Committees and Commissions – Definitions and Impact, as may be

amended from time-to-time hereafter.

3-4.

Quorum.

(a)

A quorum shall consist of at least four (4) Board members, one of which

shall be the Chairperson or the Vice-Chairperson.

The Board shall not conduct any official action without the presence of a

quorum.

Page 5 of 9

Public Packet

77 of 149

Draft 1

2020 02 12

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

262

263

264

265

266

267

268

269

270

271

272

273

274

275

(b)

In lieu of the Chairperson and Vice-Chairperson, the Secretary may

complete the quorum for meetings that are called pursuant to section 2-4(e)

of these bylaws.

3-5.

Order of Business. The order of business, as far as applicable, shall be as follows:

(a)

Call to Order

(b)

Adopt the Agenda

(c)

Approval of Minutes

(d)

Old Business

(e)

New Business

(f)

SEOTS Director’s Report (once a month)

(g)

Other Business

(h)

Executive Session

(i)

Adjournment

3-6.

Voting.

(a)

(b)

Decisions of the Board shall be based upon a majority vote of members in

attendance at a regular or emergency Board meeting of an established

quorum.

The Chairperson, or Board Officer presiding in lieu of the Chairperson, shall

not be allowed to vote unless a tie needs to be broken.

E-polls are allowed so long as conducted in accordance with the Boards,

Committees and Commissions law.

(1)

The Vice-Chairperson shall serve as the Chairperson’s designee for

the responsibility of conducting e-polls in the Chairperson’s absence

or discretion.

Article IV. Expectations

4-1. Behavior of Members. While acting on behalf of the Board, members are prohibited from:

(a)

Bullying;

(b)

Name calling;

(c)

Using excessive profanity; and/or

(d)

Engaging in other disrespectful behavior deemed inappropriate by the

Board.

(e)

Enforcement. A member who violates this or any other section of these

bylaws and/or any governing law of the Nation, may be subject to one or

more of the following:

(1)

If deemed violent or threatening during a Board meeting, dismissal

from the meeting by the Chairperson or Vice-Chairperson.

(A)

If the unwanted behavior escalates after dismissal, the proper

authorities will be called.

(2)

By majority vote of the members present at a Board meeting of an

established quorum, the Board’s recommendation to the Oneida

Business Committee for the termination of his or her appointment.

(3)

Disciplinary action in accordance with any law of the Nation

governing sanctions and penalties for appointed officials.

Page 6 of 9

Public Packet

78 of 149

Draft 1

2020 02 12

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

301

302

303

304

305

306

307

308

309

310

311

312

313

314

315

316

317

318

319

4-2.

Prohibition of Violence. Intentionally violent acts committed by a Board member that

inflict, attempt to inflict, or threaten to inflict emotional or bodily harm on

another person, or damage to property are strictly prohibited.

4-3.

Drug and Alcohol Use. Alcohol use while performing official responsibilities of the Board

or use of illegal drugs at any time by a Board member is prohibited.

(a)

Any member discovered to be under the influence of alcohol or an illegal

drug while attending a Board meeting or event will, along with any other

possible action under section 4-1, be dismissed by the Chairperson or ViceChairperson from that meeting/event.

4-4.

Social Media. Members shall comply with the Nation’s Social Media Policy, their oath of

office and the following when using social media on behalf or as a

representative of the Board.

(a)

Use of the SEOTS Advisory Board Facebook Page.

(1)

If a post by a Board member on any social media platform is made

and it is perceived in a negative or inappropriate way, that Board

member shall be counseled in the following meeting.

(2)

If a post is made by a community member and is perceived in a

negative or inappropriate way, one (1) of the three (3) administrators

will delete the comment or post. That community member will be

contacted by an administrator. If the conflict cannot be resolved, the

Board will decide how to proceed at the following Board meeting.

4-5.

Conflict of Interest. Board members shall comply with all laws and policies of the Nation

governing conflicts of interest.

Article V. Stipends and Compensation

5-1. Stipends.

Board members are eligible for the following stipends as set forth in and

subject to these bylaws; the Boards, Committees and Commissions law; and

resolution BC-05-08-19-B titled, Amending Resolution BC-09-26-18-D

Boards, Committees and Commissions Law Stipends, as may be further

amended from time-to-time hereafter:

(a)

One (1) meeting stipend per month, provided that:

(1)

A quorum was established;

(2)

The meeting of the established quorum lasted for a minimum of one

(1) hour; and

(3)

The member collecting the stipend was physically present for the

entire meeting of the established quorum.

(b)

A stipend for attending a Judiciary hearing if the member’s attendance was

required by official subpoena.

(c)

A stipend for attending a duly called joint meeting between the Board and

the Oneida Business Committee, provided that:

(1)

A quorum was established by the Board;

Page 7 of 9

Public Packet

79 of 149

Draft 1

2020 02 12

(2)

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

358

359

360

361

362

(d)

5-2.

The joint meeting of the established quorum lasted for at least one

(1) hour; and

(3)

The member collecting the stipend was physically present for the

entire joint meeting.

A stipend for each day of attendance at a conference or training, provided

that:

(1)

The member attended a full day of training or was present at the

conference for a full day; and

(2)

The member’s attendance at the conference or training was

mandated by law, bylaws or resolution.

Compensation. Besides reimbursement for travel, per diem and business expenses

authorized by the Boards, Committees and Commissions law, members

shall not be entitled to any other form of compensation for duties/activities

performed on behalf of the Board.

Article VI. Records and Reporting

6-1. Agenda Items. Agendas shall be maintained in a consistent format furnished by the Oneida

Business Committee Support Office.

6-2.

Minutes.

(a)

Minutes shall be typed and in a consistent format designed by the Oneida

Business Committee Support Office to generate the most informative record

of the Board’s meetings.

Within thirty (30) days of Board approval, the Secretary shall submit the

minutes to the Oneida Business Committee Support Office for filing.

6-3.

Attachments. Handouts, reports, memoranda and the like shall be attached to the minutes

and agenda of the meeting in which they were presented to be maintained

in accordance with the Open Records and Open Meetings law.

6-4.

Oneida Business Committee Liaison. The Board shall regularly communicate with the

Oneida Business Committee member who is its designated liaison.

(a)

The frequency and method of communication shall be as agreed upon by

the Board and liaison, but no less than that required in any law or policy on

reporting developed by the Oneida Business Committee or Oneida General

Tribal Council.

(b)

The purpose of the liaison relationship is to uphold the ability of the liaison

to act as support to the Board.

6-5.

Audio Recordings. All meetings of the Board shall be audio recorded using a device

approved and/or furnished by the Oneida Business Committee Support

Office.

(a)

Audio recordings shall be maintained on the network in accordance with the

Open Records and Open Meetings law.

Page 8 of 9

Public Packet

80 of 149

Draft 1

2020 02 12

363

364

365

366

367

368

369

370

371

372

373

374

375

376

377

378

379

380

381

382

383

384

385

386

387

388

(1)

Exception. Audio recordings of executive session portions of a

meeting shall not be required.

Article VII. Amendments

7-1. Amendments. These bylaws may be amended by majority vote of the members in

attendance at a Board meeting of an established quorum.

(a)

Proposed amendments to these bylaws must be presented at one Board

meeting and cannot be approved until a subsequent Board meeting.

(1)

A majority vote of the members in attendance at a Board meeting of

an established quorum is required before bylaws amendments will

be forwarded to the Oneida Business Committee for approval.

(b)

Amendments shall be approved by the Oneida Business Committee and/or

the General Tribal Council, before implementation.

(c)

Amendments to these bylaws must conform to the requirements of the

Boards, Committees and Commissions law, as well as any other policy of

the Nation.

(d)

The Board shall conduct a review of its bylaws no less than on an annual

basis.

These By-laws, as amended and revised, are hereby approved by the Oneida Business Committee

at a duly called meeting held on ______________, 2020, by the Secretary of the Oneida Business

Committee’s signature.

Lisa Summers, Secretary

Oneida Business Committee

389

390

Page 9 of 9

Public Packet

81 of 149

Draft 1

2020 02 12

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

SOUTHEASTERN WISCONSIN ONEIDA TRIBAL SERVICES (SEOTS) ADVISORY

BOARD BYLAWS

Article I. Authority

1-1. Name.

The name of this entity shall be the Southeastern Wisconsin Oneida Tribal

Services (SEOTS) Advisory Board and may be referred to interchangeably

as SEOTS or the Board.

1-2.

Establishment. The Board was established through resolution BC-4-4-94-A, which was

adopted by the Oneida Business Committee on April 4, 1994 pursuant to

the authority delegated it under Article IV, Section 1 of the Oneida Nation

Constitution.

1-3.

Authority.

(a)

(b)

(c)

(d)

(e)

The Board was established for purposes of providing advice and

constructive input to the Southeastern Wisconsin Oneida Tribal Services

(SEOTS) Director working in partnership to formulate social services

programs for the Oneida people residing in Southeastern Wisconsin by,

including, but not limited to:

Acting as an ambassador for the SEOTS program by promoting its mission

whenever possible;

Reviewing the SEOTS program’s budget;

Guiding and advising the SEOTS administration;

Adhering to the appropriate chain of command in any and all relative

communications with the Oneida Business Committee; and

Carrying out all other powers and/or duties delegated to SEOTS by the laws

and/or policies of the Nation.

1-4.

Office.

The official mailing address of the Board shall be:

Southeastern Wisconsin Oneida Tribal Services Advisory Board

c/o Southeastern Wisconsin Oneida Tribal Services

5233 W. Morgan Avenue

Milwaukee, WI 53220

1-5.

Membership.

(a)

Number of Members. The Board shall consist of five (5) seven (7) members

who shall serve three (3) year terms.

(b)

Appointment. Board members shall be appointed in accordance with the

Boards, Committees and Commissions law.

(1)

Each member shall hold office until his/her terms expires, he/she

resigns, or his/her appointment is terminated in accordance with the

Boards, Committees and Commissions law.

(A)

Term Expiration. Although a member’s term has expired, he

or she shall remain in office until a successor has been sworn

in by the Oneida Business Committee.

(B)

Resignation. A member may resign at any time verbally at a

meeting or by

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

Oneida Business Committee (2020) | Frix