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.