Oneida Business Committee (2019)

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Public Packet

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Oneida Business Committee

Executive Session

8:30 AM Tuesday, March 12, 2019

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, March 13, 2019

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.

CALL TO ORDER

II.

OPENING

Kahletsyalúsla - Oneida Nation High School Thunderhawk recognition

Sponsor: Lisa Liggins, Chair/Oneida Nation School Board

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

Oneida Personnel Commission - Barbara Cornelius, Carole Liggins, and Nancy

Skenandore

Sponsor: Lisa Summers, Secretary

Southeastern Wisconsin Oneida Tribal Services Advisory Board - Tracie Sparks

Sponsor: Lisa Summers, Secretary

Oneida Pow-wow Committee - Sonny Nacotee

Sponsor: Lisa Summers, Secretary

MINUTES

Approve the February 28, 2019, quarterly reports Business Committee meeting

minutes

Sponsor: Lisa Summers, Secretary

Approve the February 27, 2019, regular Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

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Regular Meeting Agenda

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VI.

VII.

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RESOLUTIONS

Adopt resolution entitled The Oneida Nation's Policy for Making Expenditures under

its Compact and Funding Agreement with the U.S. Department of Health and Human

Services

Sponsor: Jennifer Webster, Councilwoman

Adopt resolution entitled Supporting the Tribal AmeriCorps Program

Sponsor: Lisa Summers, Secretary

Appointing Representative to the Nuclear Energy Tribal Working Group and the

Tribal Radioactive Materials Transportation Committee

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

Adopt resolution entitled Amending Resolution BC-09-26-18-F Rescission of the

Dissolution of the Oneida Personnel Commission and Related Emergency

Amendments in Accordance with General Tribal Council’s August 27, 2018 Directive

Sponsor: David P. Jordan, Councilman

APPOINTMENTS

VIII.

Determine next steps regarding one (1) vacancy - Oneida Election Board

Sponsor: Lisa Summers, Secretary

STANDING COMMITTEES

FINANCE COMMITTEE

Approve the March 4, 2019, regular Finance Committee meeting minutes

Sponsor: Trish King, Treasurer

LEGISLATIVE OPERATING COMMITTEE

Accept the February 20, 2019, regular Legislative Operating Committee

meeting minutes

Sponsor: David P. Jordan, Councilman

Approve the Oneida Police Commission bylaws (11:30 a.m.)

Sponsor: David P. Jordan, Councilman

Approve the Oneida Election Board bylaws

Sponsor: David P. Jordan, Councilman

Approve the Oneida Personnel Commission bylaws amendments

Sponsor: David P. Jordan, Councilman

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Regular Meeting Agenda

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IX.

XI.

XII.

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TRAVEL REPORTS

Approve the travel report - Vice-Chairman Brandon Stevens, Councilman Daniel

Guzman King, and Councilman Kirby Metoxen - National Congress of American

Indians 2019 Executive Council Winter Session - Washington DC - February 11-15,

2019

Sponsor: Daniel Guzman King, Councilman

Approve the travel report - Councilman Daniel Guzman King - Indigenous Farming

and Hemp Conference - Callaway, MN - February 28-March 3, 2019

Sponsor: Daniel Guzman King, Councilman

TRAVEL REQUESTS

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

Conference on Tourism - Wisconsin Dells, WI - March 17-20, 2019

Sponsor: Kirby Metoxen, Councilman

Approve the travel request - Councilman Ernie Stevens III - 2019 Great Lakes

Intertribal Food Summit - Dowagiac, MI - April 24-29, 2019

Sponsor: Ernie Stevens III, Councilman

NEW BUSINESS

Accept the Oneida Retail Enterprise updated mission statement

Sponsor: Michele Doxtator, Area Manager/Retail Profits

Repost one (1) vacancy - Oneida Community Library Board

Sponsor: Lisa Summers, Secretary

Approve requested action regarding the Univerity of Wisconsin-Green Bay 2019

STEM summer camps

Sponsor: Tehassi Hill, Chairman

EXECUTIVE SESSION

REPORTS

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Accept the report - Midwest Alliance of Sovereign Tribes Impact executive

update

Sponsor: Lisa Summers, Secretary

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Regular Meeting Agenda

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STANDING ITEMS

ONEIDA GOLF ENTERPRISE CORPORATION - LADIES PROFESSIONAL GOLF

ASSOCIATION

Accept the Thornberry Creek LPGA Classic February 2019 report (8:30

a.m.)

Sponsor: Chad Fuss, Agent/Oneida Golf Enterprise

EXCERPT FROM FEBRUARY 27, 2019: Motion by David P. Jordan to

defer the Thornberry Creek LPGA Classic February 2019 report to the

March 13, 2019, regular Business Committee meeting, seconded by Lisa

Summers. Motion carried.

AUDIT COMMITTEE

Accept the January 17, 2019, regular Audit Committee meeting minutes

Sponsor: David P. Jordan, Councilman

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

the confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Card Games and Poker compliance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Roulette Rules of Play compliance audit and lift the confidentiality

requirement

Sponsor: Daniel Guzman King, Councilman

UNFINISHED BUSINESS

File # 2018-DR06-02 - Accept the update and determine the appropriate next

steps (11:00 a.m.)

Sponsor: Lisa Summers, Secretary

EXCERPT FROM FEBRUARY 27, 2019: Motion by Kirby Metoxen to direct the BC

Officers to request an update to be brought back by the Division Director to the

March 13, 2019, regular Business Committee meeting in executive session,

seconded by David P. Jordan. Motion carried.

Discuss planning and next steps related to area under to DR16

Sponsor: Brandon Stevens, Vice-Chairman

EXCERPT FROM NOVEMBER 14, 2018: Motion by Jennifer Webster to approve

the requested action listed in the memorandum dated November 13, 2018,

seconded by David P. Jordan. Motion carried.

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Regular Meeting Agenda

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XIII.

NEW BUSINESS

Approve forty (40) new enrollments and one (1) relinquishment

Sponsor: Barbara Webster, Chair/Oneida Trust Enrollment Committee

Approve the limited term employment contract for DR06

Sponsor: Tehassi Hill, Chairman

Approve the 2nd amendment to attorney contract with Kelly McAndrews - file

# 2013-0873

Sponsor: Jo Anne House, Chief Counsel

Approve the 1st amendment to attorney contract with James Bittorf - file #

2018-0235

Sponsor: Jo Anne House, Chief Counsel

Approve the attorney contract with Arlinda Locklear - file # 2019-0245

Sponsor: Jo Anne House, Chief Counsel

Review Thornberry Creek at Oneida's operational position and determine next

steps (8:30 a.m.)

Sponsor: Chad Fuss, Agenda/Oneida Golf Enterprise

Review application(s) for one (1) vacancy - Oneida Election Board - for term

ending July 31, 2020

Sponsor: Lisa Summers, Secretary

Deliberations regarding pardon application - Thomas Lee

Sponsor: Lisa Summers, Secretary

Deliberations regarding pardon application - Cody Cornelius

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

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March 13, 2019

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Oneida Business Committee Agenda Request

Kahletsyalúsla - Oneida Nation High School Thunderhawk recognition

1. Meeting Date Requested:

03 / 13 / 19

2. General Information:

Session:

Open

Agenda Header:

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

Announcement/Recognition

Accept as Information only

Action - please describe:

Kahletsyalúsla - Oneida Nation High School Thunderhawk recognition

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Liggins, Chair/Oneida Nation School Board

Primary Requestor/Submitter:

Artley Skenandore, Principal/Oneida Nation High School

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

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Oneida Business Committee Agenda Request

Oneida Personnel Commission - Barbara Cornelius, Carole Liggins, and Nancy Skenandore

1. Meeting Date Requested:

03 / 13 / 19

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 Barbara Cornelius, Carole Liggins, and Nancy Skenandore, for the Oneida

Personnel Commission

3. Supporting Materials

Report

Resolution

Contract

Other:

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

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Oneida Business Committee Agenda Request

Southeastern Wisconsin Oneida Tribal Services Advisory Board - Tracie Sparks

1. Meeting Date Requested:

03 / 13 / 19

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 Tracie Sparks for the Southeastern Wisconsin Oneida Tribal Services Advisory

Board

3. Supporting Materials

Report

Resolution

Contract

Other:

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

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Oneida Business Committee Agenda Request

Oneida Pow-wow Committee - Sonny Nacotee

1. Meeting Date Requested:

03 / 13 / 19

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 Sonny Nacotee for the Oneida Pow Wow Committee

3. Supporting Materials

Report

Resolution

Contract

Other:

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

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Oneida Business Committee Agenda Request

Approve the February 28, 2019, quarterly reports Business Committee meeting minutes

1. Meeting Date Requested:

03 / 13 / 19

2. General Information:

Session:

Open

Agenda Header:

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

Minutes

Accept as Information only

Action - please describe:

Approve the February 28, 2019, quarterly reports Business Committee meeting minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. 2/28/19 qtrly reports BC meeting minutes DRAFT

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:

Submitted by: Lisa Liggins, Info. Mgmt. Spec./BC Support Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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DRAFT

Oneida Business Committee

Quarterly Reports Meeting

8:00 AM Thursday, February 28, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

QUARTERLY REPORTS MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Summers, Council

members: David Jordan, Kirby Metoxen;

Not Present: Treasurer Trish King, Council members: Daniel Guzman King, Ernest Stevens III, Jennifer

Webster;

Arrived at: n/a

Others present: Jo Anne House, Lisa Liggins, Valerie Groleau, Chad Wilson, Jameson Wilson,

Candace House, Sandra Reveles, Aliskwet Ellis, James Martin, Lois Strong, Pat Lassila, Matt W. Denny,

Loretta V. Metoxen, Chris Cornelius, Christina Liggins, Tina Skenandore, Tonya Webster, Donald

McLester, Brent Truttmann, Jeff Bowman, Nathan King, Jacquelyn Zalim, Pete King III, Justin Fox, Dena

Skenandore, Cheryl Stevens;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:10 a.m.

For the record: Treasurer Trish King is out sick. Councilman Daniel Guzman King is on approved

travel attending the Annual Indigenous Farming and Anishinaabe Hemp Conference in Callaway, MN.

Council members are Jennifer Webster and Ernie Stevens III are attending the Creating Placemaking

Conference in Green Bay, WI.

II.

OPENING (00:00:12)

Opening provided by Chairman Tehassi Hill.

III.

ADOPT THE AGENDA (00:03:50)

Motion by David P. Jordan to adopt the agenda as presented, seconded by Kirby Metoxen. Motion

carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

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Quarterly Reports Meeting Minutes

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DRAFT

IV.

REPORTS

APPOINTED BOARDS, COMMITTEES, COMMISSIONS

Accept the Anna John Resident Centered Care Community Board FY-2019 1st

quarter report (00:04:11)

Sponsor: Candace House, Chair/AJRCCC Board

Motion by Brandon Stevens to accept the Anna John Resident Centered Care Community Board FY2019 1st quarter report, seconded by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Accept the Oneida Nation Arts Board FY-2019 1st quarter report (00:05:58)

Sponsor: Desirae Hill, Chair/ONAB

Motion by Brandon Stevens to accept the Oneida Nation Arts Board FY-2019 1st quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Accept the Environmental Resource Board FY-2019 1st quarter report (00:07:20)

Sponsor: Jameson Wilson, Chair/Environmental Resource Board

Motion by David P. Jordan to accept the Environmental Resource Board FY-2019 1st quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Accept the Oneida Community Library Board FY-2019 1st quarter report

(00:14:30)

Sponsor: Dylan Benton, Chair/OCLB

Motion by Kirby Metoxen to accept the Oneida Community Library Board FY-2019 1st quarter report,

seconded by Brandon Stevens. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Accept the Oneida Police Commission FY-2019 1st quarter report (00:16:18)

Sponsor: Sandra Reveles, Chair/OPC

Motion by David P. Jordan to accept the Oneida Police Commission FY-2019 1st quarter report,

seconded by Brandon Stevens. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

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DRAFT

Accept the Oneida Pow-wow Committee FY-2019 1st quarter report (00:19:25)

Sponsor: Tonya Webster, Chair/OPC

Motion by Brandon Stevens to accept the Oneida Pow-wow Committee FY-2019 1st quarter report,

seconded by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

For the record: The Oneida Pow-wow Committee Chair provided notice of their absence via e-mail.

Accept the Oneida Nation Veterans Affairs Committee FY-2019 1st quarter

report (00:22:40)

Sponsor: James Martin, Chair/ONVAC

Motion by Brandon Stevens to accept the Oneida Nation Veterans Affairs Committee FY-2019 1st

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

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Accept the Southeastern Wisconsin Oneida Tribal Services Advisory Board FY2019 1st quarter report (00:26:12)

Sponsor: Kathryn LaRoque, Chair/SEOTS Advisory Board

Motion by Brandon Stevens to accept the Southeastern Wisconsin Oneida Tribal Services Advisory

Board FY-2019 1st quarter report, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Accept the Pardon and Forgiveness Screening Committee FY-2019 1st quarter

report (00:33:52)

Sponsor: Eric Boulanger, Chair/PFSC

Motion by Kirby Metoxen to accept the Pardon and Forgiveness Screening Committee FY-2019 1st

quarter report, seconded by Brandon Stevens. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Item IV.B.6. is addressed next.

ELECTED BOARDS, COMMITTEES, COMMISSIONS

Accept the Oneida Nation Commission on Aging FY-2019 1st quarter report

(00:56:28)

Sponsor: Patricia Lassila, Chair/ONCOA

Motion by David P. Jordan to accept the Oneida Nation Commission on Aging FY-2019 1st quarter

report, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Item IV.B.4. is addressed next.

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DRAFT

Accept the Oneida Gaming Commission FY-2019 1st quarter report (01:15:24)

Sponsor: Matthew W. Denny, Chair/OGC

Motion by David P. Jordan to accept the Oneida Gaming Commission FY-2019 1st quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Accept the Oneida Land Claims Commission FY-2019 1st quarter report

(01:19:34)

Sponsor: Loretta V. Metoxen, Chair/OLCC

Motion by Kirby Metoxen to accept the Oneida Land Claims Commission FY-2019 1st quarter report,

seconded by Brandon Stevens. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Item IV.B.5. is addressed next.

Accept the Oneida Nation School Board FY-2019 1st quarter report (01:08:13)

Sponsor: Lisa Liggins, Chair/ONSB

Motion by David P. Jordan to accept the Oneida Nation School Board FY-2019 1st quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Chairman Tehassi Hill recessed the meeting for five (5) minutes until 9:30 a.m.

Meeting called to order by Chairman Tehassi Hill at 9:34 a.m.

Roll call for the record:

Present: Chairman Tehassi Hill; Vice-Chairman Brandon Stevens; Councilman David P. Jordan;

Councilman Kirby Metoxen; Secretary Lisa Summers;

Not Present: Councilman Daniel Guzman King; Treasurer Trish King; Councilman Ernie Stevens

III; Councilwoman Jennifer Webster;

Item IV.B.2. is addressed next.

Accept the Oneida Election Board FY-2019 1st quarter report (01:29:52)

Sponsor: Vicki Cornelius, Chair/OEB

Motion by David P. Jordan to accept the Oneida Election Board FY-2019 1st quarter report, seconded

by Brandon Stevens. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Item IV.B.7. is addressed next.

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DRAFT

Accept the Oneida Land Commission FY-2019 1st quarter report (00:36:20)

Sponsor: Rae Skenandore, Chair/OLC

Motion by David P. Jordan to accept the Oneida Land Commission FY-2019 1st quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Item IV.D.1. is addressed next.

Accept the Oneida Trust Enrollment Committee FY-2019 1st quarter report

(01:33:28)

Sponsor: Barbara Webster, Chair/OTEC

Motion by David P. Jordan to accept the Oneida Trust Enrollment Committee FY-2019 1st quarter

report, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Item IV.C.4. is addressed next.

CORPORATE BOARDS

Accept the Bay Bancorporation, Inc. FY-2019 1st quarter report (01:59:42)

Sponsor: Jeff Bowman, President/Bay Bank

Motion by Kirby Metoxen to accept the Bay Bancorporation, Inc. FY-2019 1st quarter report, seconded

by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Item IV.C.5. is addressed next.

Accept the Oneida ESC Group, LLC. FY-2019 1st quarter report (01:51:15)

Sponsor: Jacquelyn Zalim, Chair/OESC Board of Managers

Motion by Brandon Stevens to accept the Oneida ESC Group, LLC. FY-2019 1st quarter report,

seconded by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Item IV.C.1. is addressed next.

Accept the Oneida Seven Generations Corporation FY-2019 1st quarter report

(01:49:15)

Sponsor: Pete King III, Agenda/OSGC

Motion by Brandon Stevens to accept the Oneida Seven Generations Corporation FY-2019 1st quarter

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

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Item IV.C.2. is addressed next.

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DRAFT

Accept the Oneida Airport Hotel Corporation FY-2019 1st quarter report

(01:47:15)

Sponsor: Robert Barton, President/OAHC

Motion by David P. Jordan to accept the Oneida Airport Hotel Corporation FY-2019 1st quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Accept the Oneida Golf Enterprise FY-2019 1st quarter report (02:02:54)

Sponsor: Chad Fuss, Agent/OGE

Motion by Brandon Stevens to accept the Oneida Golf Enterprise FY-2019 1st quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Chairman Tehassi Hill recessed the meeting for five (5) minutes until 10:30 a.m.

Meeting called to order by Chairman Tehassi Hill at 10:33 a.m.

Roll call for the record:

Present: Chairman Tehassi Hill; Vice-Chairman Brandon Stevens; Councilman David P. Jordan;

Councilman Kirby Metoxen; Secretary Lisa Summers;

Not Present: Councilman Daniel Guzman King; Treasurer Trish King; Councilman Ernie Stevens

III; Councilwoman Jennifer Webster;

Item IV.E.1. is addressed next.

STANDING COMMITTEES

Accept the Community Development Planning Committee FY-2019 1st quarter

report (00:44:16)

Sponsor: Ernie Stevens III, Councilman

Motion by Kirby Metoxen to accept the Community Development Planning Committee FY-2019 1st

quarter report, seconded by Brandon Stevens. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Accept the Legislative Operating Committee FY-2019 1st quarter report

(00:44:28)

Sponsor: David P. Jordan, Councilman

Motion by Brandon Stevens to accept the Legislative Operating Committee FY-2019 1st quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

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DRAFT

Accept the Quality of Life Committee FY-2019 1st quarter report (00:54:30)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by Brandon Stevens to accept the Quality of Life Committee FY-2019 1st quarter report,

seconded by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Accept the Finance Committee FY-2019 1st quarter report (00:55:14)

Sponsor: Trish King, Treasurer

Motion by David P. Jordan to accept the Finance Committee FY-2019 1st quarter report, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Item IV.B.1. is addressed next.

OTHER

Accept the Oneida Youth Leadership Institute FY-2019 1st quarter report

(02:05:41)

Sponsor: Richard Elm-Hill, President/OYLI Board of Directors

Motion by Brandon Stevens to accept the Oneida Youth Leadership Institute FY-2019 1st quarter

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

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

ADJOURN (02:11:02)

Motion by Kirby Metoxen to adjourn at 10:38 a.m., seconded by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

____________________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Quarterly Reports Meeting Minutes

Page 7 of 7

February 28, 2019

Public Packet

18 of 201

Oneida Business Committee Agenda Request

Approve the February 27, 2019, regular Business Committee meeting minutes

1. Meeting Date Requested:

03 / 13 / 19

2. General Information:

Session:

Open

Agenda Header:

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

Minutes

Accept as Information only

Action - please describe:

Approve the February 27, 2019, regular Business Committee meeting minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. 2/27/19 regular BC meeting minutes DRAFT

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:

Submitted by: Lisa Liggins, Info. Mgmt. Spec./BC Support Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

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Oneida Business Committee

Executive Session

8:30 AM Tuesday, February 26, 2019

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, February 27, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EXECUTIVE SESSION

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Summers,

Councilmembers: Daniel Guzman King, David Jordan, Kirby Metoxen, Ernest Stevens III;

Not Present: Treasurer Trish King;

Arrived at: Jennifer Webster at 9:30 a.m.;

Others present: Jo Anne House, Larry Barton, Lisa Liggins, Jeff Bowman, Nate King, Jeff House, Jackie

Zalim, John Breuninger, Leslie Wheelock (via phone), Pete King III, Becky Demmith, Robert Barton, Lisa

Tillman, Steve Ninham, Mary Shaw, Louise Cornelius, Pat Pelky, Dana McLester, Geraldine Danforth,

Michele Doxtator, Kaylynn Gresham, Tana Aguirre, Candice Skenandore, Troy Parr;

REGULAR MEETING

Present: Chairman Tehassi Hill, Secretary Lisa Summers, Council members: David Jordan, Kirby

Metoxen, Ernest Stevens III, Jennifer Webster;

Not Present: Treasurer Trish King, Councilman Daniel Guzman King;

Arrived at: Vice-Chairman Brandon Stevens at 8:38 a.m.;

Others present: Jo Anne House, Larry Barton, Lisa Liggins, Geraldine Danforth, Christopher Johnson,

Chris J. Cornelius, Henriette Oudenhoven, Amy Cooper, Clorissa Santiago, Worden Shane Webster,

Floyd Silas Jr., Alva Fiddler, George Greendeer, Tonya Webster, Keith Doxtator, Chad Wilson, Troy Parr,

Scott Denny, Gary Schaumberg, Glen Olson, Cliff Webster, Timothy Mertens, Cherice Santiago, Sharon

Legare, Lisa McDonald, Sandra Mauer, Katsitsiyo Danforth, Deanna Klescewski, Theresa Torrez, Chantel

McLeod, James Martin, Arthur Elm III (via polycom), Michael Coleman (via polycom), Jen Falck, Warren

Stevens, James Petitjean, Candice Skenandore, Kristen Hooker, Mike Troge, William Vervoort, Vicki

Cornelius, Eric Boulanger, George Skenandore, Jacque Boyle, Scott Cottrell, Dennis Johnson, Brian

Doxtator, Joanie Buckley;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:30 a.m.

For the record: Vice-Chairman Brandon Stevens is running late. Treasurer Trish King is out sick.

Councilman Daniel Guzman King is on approved travel attending the Annual Indigenous Farming and

Anishinaabe Hemp Conference in Callaway, MN.

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

II.

OPENING (00:00:21)

Opening provided by Chairman Tehassi Hill.

Presentation of donation to the Town of Oneida by the Oneida Nation

Sponsor: Lisa Summers, Secretary

Chairman Tehassi Hill and Secretary Lisa Summers presented a $88,699.42 donation to Gary

Schaumberg, Chairman/Town of Oneida Board, and Glen Olson, Chief/Town of Oneida Volunteer Fire

Department, for Community Fire Protection services from FY 2011-2018.

Vice-Chairman Brandon Stevens arrives at 8:36 a.m.

Present Certificate of Appreciation for Public Service

Sponsor: Tehassi Hill, Chairman

Chairman Tehassi Hill presented a Certification of Appreciation for Public Service to Secretary Lisa

Summers for her work on the State of Wisconsin Joint Legislative Council's Special Committee on

State-Tribal Relations.

Special Recognition for Years of Service

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Special recognition by Cliff Webster of Timothy Mertens (25 years of service); Special recognition by

Cherice Santiago of Sharon Legare (25 years of service); Special recognition by Cherice Santiago of

Lisa McDonald (25 years of service); Special recognition by Cherice Santiago of Sandra Mauer (25

years of service); Special recognition by Katsitsiyo Danforth of Deanna Klescewski (25 years of

service); Special recognition by Theresa Torrez of Chantel McLeod (25 years of service);

Special recognition of the following individuals who could not be present: Orin Askenette (25 years of

service); Duane Berger (25 years of service); William Duffy (25 years of service); Yia Xiong (25 years

of service); Mary Hamm (25 years of service); Diana Caldwell (25 years of service); Laura Bosacki (25

years of service); Lorna Denny (25 years of service); Beth Schrick Smith (25 years of service); Dawn

Lara (25 years of service); Joan Larock (25 years of service); Harold Bebeau (25 years of service);

Lawrence Larscheid (25 years of service); William Torres (25 years of service); Kevin Schoenebeck

(25 years of service); Daniel W. Skenandore (25 years of service);

III.

ADOPT THE AGENDA (00:22:25)

Motion by Ernie Stevens III to adopt the agenda with four (4) changes [1) correct title of item VIII.C.3.

to "Accept..."; 2) move a portion of executive session item XIV.A.13. to open session as item XI.O.

Determine next steps regarding the Memorandum of Understanding with National Indian Carbon

Coalition; 3) correct numbering of item XIV.D.b3. to "XIV.D.3"; and 4) add item XIV.D.6. File # ED18008 - Discuss proposal and business plan], noting the supporting documents for item V.D. are a

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

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Oneida Business Committee

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IV.

OATH OF OFFICE (00:25:10)

Oath of Office administered by Secretary Lisa Summers. George Greendeer, James Martin, Worden

Shane Webster, Alva Fiddler, Floyd Silas Jr., Arthur Elm III (via polycom), Michael Coleman (via

polycom) were present. Sonny Nacotee and Tracie Sparks were not present.

Oneida Nation Veterans Affairs Committee - George Greendeer and James Martin

Sponsor: Lisa Summers, Secretary

Oneida Pow-wow Committee - Worden Shane Webster, Alva Fiddler, Sonny

Nacotee, and Floyd Silas Jr.

Sponsor: Lisa Summers, Secretary

Southeastern Wisconsin Oneida Tribal Services Advisory Board - Arthur Elm III,

Michael Coleman, and Tracie Sparks

Sponsor: Lisa Summers, Secretary

MINUTES

Approve the January 18, 2019, special Business Committee meeting minutes

(00:30:32)

Sponsor: Lisa Summers, Secretary

Motion by Jennifer Webster to approve the January 18, 2019, special Business Committee meeting

minutes, seconded by Ernie Stevens III. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Approve the January 23, 2019, regular Business Committee meeting minutes

(00:30:59)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to approve the January 23, 2019, regular Business Committee meeting

minutes with one (1) correction [add Councilman Kirby Metoxen to the "Arrived at:" section of the

Executive Session attendance on page 1], seconded by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Approve the February 8, 2019, special Business Committee meeting minutes

(00:31:41)

Sponsor: Lisa Summers, Secretary

Motion by Kirby Metoxen to approve the February 8, 2019, special Business Committee meeting

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

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Oneida Business Committee

Regular Meeting Minutes

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February 27, 2019

Public Packet

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DRAFT

Approve the February 12, 2019, regular Business Committee meeting minutes

(00:32:10)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to approve the February 12, 2019, regular Business Committee meeting

minutes, seconded by Jennifer Webster. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

VI.

RESOLUTIONS

Adopt resolution entitled Silver Creek Trail (00:32:34)

Sponsor: Troy Parr, Division Director/Community & Economic Development

Motion by Lisa Summers to adopt resolution 02-27-19-A Silver Creek Trail with one (1) correction [in

line 11, add the word "Committee" after "Oneida Business"], seconded by Ernie Stevens III. Motion

carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Adopt resolution entitled Creation of the Oneida Nation School System

Endowment in Accordance with the Endowments Law (00:36:36)

Sponsor: Trish King, Treasurer

Motion by David P. Jordan to adopt resolution 02-27-19-B Creation of the Oneida Nation School

System Endowment in Accordance with the Endowments Law, seconded by Lisa Summers. Motion

carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Motion by Jennifer Webster to that all interest income accrued be included, up to the date the fund is

transferred, along with the settlement funds, to the Oneida Trust Enrollment Committee, seconded by

Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Adopt resolution entitled Supporting Dental Therapy as a Solution to the Oneida

Nation’s Oral Health Challenges (00:39:01)

Sponsor: Jennifer Webster, Councilwoman

Motion by Lisa Summers to adopt resolution 02-27-19-C Supporting Dental Therapy as a Solution to

the Oneida Nation’s Oral Health Challenges, seconded by Jennifer Webster. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

Adopt resolution entitled Approving a limited waiver of sovereign immunity for a

Premium Stabilization Fund Agreement between the Oneida Nation and Epic Life

Insurance Company (00:40:58)

Sponsor: Barbara Webster, Chair/Oneida Trust Enrollment Committee

Motion by Brandon Stevens to adopt resolution 02-27-19-D Approving a limited waiver of sovereign

immunity for a Premium Stabilization Fund Agreement between the Oneida Nation and Epic Life

Insurance Company, noting today's date will be inserted in line 88 and line 92, seconded by Lisa

Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Adopt resolution entitled Office of Special Trustee - Sign Off Authority (00:43:16)

Sponsor: Barbara Webster, Chair/Oneida Trust Enrollment Committee

Motion by Jennifer Webster to adopt resolution 02-27-19-E Office of Special Trustee - Sign Off

Authority, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

VII.

APPOINTMENTS (00:44:15)

Motion by Lisa Summers to defer item VII.A. to later in the meeting, seconded by David P. Jordan.

Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Item VIII.A.1. is addressed next.

Determine next steps regarding five (5) vacancies - Oneida Personnel Commission

(04:07:57)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to appoint Barbara Cornelius to the Oneida Personnel Commission with a

term ending 2024, Carole Liggins to the Oneida Personnel Commission with a term ending in 2023,

and Nancy Skenandore to the Oneida Personnel Commission with a term ending 2022, based on their

experience identified as in their applications, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Motion by David P. Jordan to repost the remaining two (2) vacancies on the Oneida Personnel

Commission, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Item XV. is addressed next.

Oneida Business Committee

Regular Meeting Minutes

Page 5 of 26

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DRAFT

VIII.

STANDING COMMITTEES

COMMUNITY DEVELOPMENT PLANNING COMMITTEE

Accept the December 6, 2018, regular Community Development Planning

Committee meeting minutes (00:44:39)

Sponsor: Ernie Stevens III, Councilman

Motion by David P. Jordan to accept the December 6, 2018, regular Community Development

Planning Committee meeting minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Accept the January 3, 2019, regular Community Development Planning

Committee meeting minutes (00:45:20)

Sponsor: Ernie Stevens III, Councilman

Motion by Jennifer Webster to accept the January 3, 2019, regular Community Development Planning

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

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

FINANCE COMMITTEE

Approve the February 18, 2019, regular Finance Committee meeting minutes

(00:45:46)

Sponsor: Trish King, Treasurer

Motion by David P. Jordan to approve the February 18, 2019, regular Finance Committee meeting

minutes, seconded by Ernie Stevens III. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

LEGISLATIVE OPERATING COMMITTEE

Accept the January 16, 2019, regular Legislative Operating Committee meeting

minutes (00:46:15)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the January 16, 2019, regular Legislative Operating Committee

meeting minutes, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

Accept the February 6, 2019, regular Legislative Operating Committee meeting

minutes (00:46:46)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the February 6, 2019, regular Legislative Operating Committee

meeting minutes, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Approve the Anna John Resident Centered Care Community Board Bylaws

(00:47:07); (01:48:45)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Summers to approve the Anna John Resident Centered Care Community Board

Bylaws, with one (1) change [on line 370 insert language regarding the frequency of the update/review

of the bylaws which will be formulated by the Legislative Reference Office based on the discussion

today], seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Item VIII.C.4. is addressed next.

Motion by Lisa Summers to revise the approval of the Anna John Resident Centered Care Community

Bylaws to include one (1) additional change [remove references to specific dollar amounts for stipends

and compensation throughout], seconded by Jennifer Webster. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III

Item VIII.C.5. is addressed next.

Oneida Business Committee

Regular Meeting Minutes

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Approve the Oneida Pow-wow Committee Bylaws (01:09:02)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to approve the Oneida Pow-wow Committee Bylaws, with the three (3)

changes [1) insert language regarding the frequency of the update/review of the bylaws which will be

formulated by the Legislative Reference Office based on the discussion today; 2) remove references to

specific dollar amounts for stipends and compensation throughout; and 3) in section 1-5.(d) include a

requirement that the majority of current members be enrolled members of the Oneida Nation],

seconded by Ernie Stevens III. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Councilman Ernie Stevens III left at 10:17 a.m.

Motion by Lisa Summers to that item VIII.C.3 is revisited to re-open that discussion, seconded by

David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III

Item VIII.C.3. is addressed next.

Approve the Pardon and Forgiveness Screening Committee Bylaws (01:49:20)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to approve the Pardon and Forgiveness Screening Committee Bylaws,

with one (1) change [insert language regarding the frequency of the update/review of the bylaws which

will be formulated by the Legislative Reference Office based on the discussion today], seconded by

Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III

IX.

TRAVEL REPORTS

Approve the travel report - Vice-Chairman Brandon Stevens, Councilman Kirby

Metoxen, and Councilwoman Jennifer Webster - Haaland & Davids reception Washington DC - January 3-4, 2019 (01:51:13)

Sponsor: Brandon Stevens, Vice-Chairman

Secretary Lisa Summers left at 10:21 a.m.

Motion by David P. Jordan to approve the travel report from Vice-Chairman Brandon Stevens,

Councilman Kirby Metoxen, and Councilwoman Jennifer Webster for the Haaland & Davids reception

in Washington DC - January 3-4, 2019, seconded by Brandon Stevens. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Jennifer Webster

Abstained:

Kirby Metoxen

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III, Lisa Summers

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

TRAVEL REQUESTS

Approve the travel request - Councilman Ernie Stevens III - Midwest Tribal Energy

Regional Association (MTERA) Regional Energy Workshop for Midwest Tribes Milwaukee, WI - April 8-9, 2019 (01:54:06)

Sponsor: Ernie Stevens III, Councilman

Secretary Lisa Summers returned at 10:24 a.m.

Motion by David P. Jordan to approve the travel request for Councilman Ernie Stevens III to attend the

Midwest Tribal Energy Regional Association (MTERA) Regional Energy Workshop for Midwest Tribes

in Milwaukee, WI - April 8-9, 2019, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III

Approve the travel request - Treasurer Trish King - 21st National Intertribal Tax

Alliance Conference - Santa Fe, NM - August 13-16, 2019 (01:56:09)

Sponsor: Trish King, Treasurer

Motion by Jennifer Webster to approve the travel request for Treasurer Trish King to attend the 21st

National Intertribal Tax Alliance Conference in Santa Fe, NM - August 13-16, 2019, seconded by David

P. Jordan. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III

Enter the e-poll results into the record for the approved travel request for

Chairman Tehassi Hill to attend the Opioid Litigation Briefing in Atlanta, GA February 14-15, 2019 (01:56:44)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to enter the e-poll results into the record for the approved travel request for

Chairman Tehassi Hill to attend the Opioid Litigation Briefing in Atlanta, GA - February 14-15, 2019,

seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III

Enter the e-poll results into the record for the approved travel request for

Secretary Lisa Summers to attend the WIEA Legislative Breakfast Meeting in

Madison WI - February 19-20, 2019 (01:57:12)

Sponsor: Lisa Summers, Secretary

Motion by Kirby Metoxen to enter the e-poll results into the record for the approved travel request for

Secretary Lisa Summers to attend the WIEA Legislative Breakfast Meeting in Madison WI - February

19-20, 2019, seconded by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

Enter the e-poll results into the record for the approved travel request for

Councilman Kirby Metoxen to attend NATOW 2020-2021 Strategic and 2019

Conference Planning in Danbury, WI - February 19-21, 2019 (01:57:40)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to enter the e-poll results into the record for the approved travel request for

Councilman Kirby Metoxen to attend NATOW 2020-2021 Strategic and 2019 Conference Planning in

Danbury, WI - February 19-21, 2019, seconded by Jennifer Webster. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Lisa Summers, Jennifer Webster

Abstained:

Kirby Metoxen

Not Present:

Daniel Guzman King, Trish King, Ernie Stevens III

XI.

NEW BUSINESS

Set the date for the 2019 Special Election (01:58:15)

Sponsor: Vicki Cornelius, Chair/Oneida Election Board

Councilman Ernie Stevens III returned at 10:31 a.m.

Motion by David P. Jordan to set the 2019 Special Election on July 20, 2019, seconded by Jennifer

Webster. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Approve the Deputization Agreement Between the Oneida Nation and the Brown

County Sheriff (02:02:19)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the Deputization Agreement Between the Oneida Nation and the

Brown County Sheriff, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Approve the Deputization Agreement Between the Oneida Nation and the

Outagamie County Sheriff (02:03:11)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the Deputization Agreement Between the Oneida Nation and the

Outagamie County Sheriff, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

Approve a limited waiver of sovereign immunity - Wisconsin State-Department of

Transportation MACH Sub-User's Agreement - file # 2019-0038 (02:03:36)

Sponsor: Lisa Summers, Secretary

Motion by Jennifer Webster to approve a limited waiver of sovereign immunity for the Wisconsin StateDepartment of Transportation MACH Sub-User's Agreement - file # 2019-0038, seconded by Lisa

Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Approve a limited waiver of sovereign immunity - Wisconsin State-Department of

Transportation TraCS Sublicense Agreement - file # 2019-0039 (02:04:56)

Sponsor: Lisa Summers, Secretary

Motion by Ernie Stevens III to approve a limited waiver of sovereign immunity for the Wisconsin StateDepartment of Transportation TraCS Sublicense Agreement - file # 2019-0039, seconded by Kirby

Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Approve a limited waiver of sovereign immunity - Wisconsin State-Agriculture,

Trade & Consumer Protection - file # 2019-0064 (02:06:14)

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

Vice-Chairman Brandon Stevens left at 10:51 a.m.

Motion by Lisa Summers to approve a limited waiver of sovereign immunity for the Wisconsin StateAgriculture, Trade & Consumer Protection - file # 2019-0064, seconded by Ernie Stevens III. Motion

carried:

Ayes:

David P. Jordan, Kirby Metoxen, Ernie Stevens III, Lisa Summers,

Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King

Approve the Oneida Trust Enrollment Committee/Oneida Business Committee

Memorandum of Agreement (02:22:54)

Sponsor: Barbara Webster, Chair/Oneida Trust Enrollment Committee

Motion by Lisa Summers to approve the Oneida Trust Enrollment Committee/Oneida Business

Committee Memorandum of Agreement, seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Ernie Stevens III, Lisa Summers,

Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

Approve an exception to resolution # BC-12-27-16-A and start the executive

discussion meeting on Tuesday, March 26, 2019, at 10:00 a.m. (02:24:02)

Sponsor: Lisa Summers, Secretary

Councilman Kirby Metoxen left at 10:54 a.m.

Motion by David P. Jordan to approve an exception to resolution # BC-12-27-16-A and start the

executive discussion meeting on Tuesday, March 26, 2019, at 10:00 a.m., seconded by Lisa

Summers. Motion carried:

Ayes:

David P. Jordan, Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen

Approve the memorandum of understanding - Big Brothers Big Sisters of

Northeast Wisconsin - file # 2019-0059 (02:24:54)

Sponsor: Ernie Stevens III, Councilman

Motion by Lisa Summers to approve the memorandum of understanding for the Big Brothers Big

Sisters of Northeast Wisconsin - file # 2019-0059, noting the entity within the organization as identified

by the legal review is the Governmental Services Division, seconded by Ernie Stevens III. Motion

carried:

Ayes:

David P. Jordan, Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen

Approve a credit limit increase for OBC corporate credit cards (02:26:16)

Sponsor: Lisa Summers, Secretary

Councilman Kirby Metoxen returned 10:59 a.m.

Vice-Chairman Brandon Stevens returned at 11:01 a.m.

Chairman Tehassi Hill left at 11:02 a.m. Vice-Chairman Brandon Stevens assumes the role of the

Chair.

Motion by Jennifer Webster to approve a credit limit increase for OBC corporate credit cards from

$2,000 to $6,000, seconded by Lisa Summers. Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Ernie Stevens III, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Tehassi Hill, Trish King

Repost one (1) vacancy to complete the term ending June 30, 2019 - Oneida Youth

Leadership Institute Board of Directors (02:34:55)

Sponsor: Lisa Summers, Secretary

Motion by Ernie Stevens III to repost one (1) vacancy to complete the term ending June 30, 2019, on

the Oneida Youth Leadership Institute Board of Directors, seconded by David P. Jordan. Motion

carried:

Ayes:

David P. Jordan, Kirby Metoxen, Ernie Stevens III, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Tehassi Hill, Trish King

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Repost two (2) vacancies to complete the terms ending July 31, 2019, and one (1)

vacancy to complete the term ending July 31, 2020 - Oneida Nation School Board

(02:35:26)

Sponsor: Lisa Summers, Secretary

Motion by Jennifer Webster to repost two (2) vacancies to complete the terms ending July 31, 2019,

and one (1) vacancy to complete the term ending July 31, 2020 on the Oneida Nation School Board,

seconded by Kirby Metoxen. Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Ernie Stevens III, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Tehassi Hill, Trish King

Enter the e-poll results into the record for the approved exception to resolution #

BC-12-27-16-A and hold both the regular and executive discussion meetings on

Tuesday, February 12, 2019, at 10:00 a.m. (02:35:51)

Sponsor: Lisa Summers, Secretary

Motion by Jennifer Webster to enter the e-poll results into the record for the approved exception to

resolution # BC-12-27-16-A and hold both the regular and executive discussion meetings on Tuesday,

February 12, 2019, at 10:00 a.m., seconded by Lisa Summers. Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Ernie Stevens III, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Tehassi Hill, Trish King

Enter the e-poll results into the record for the approved exception to resolution #

BC-12-27-16-A and hold both the regular and executive discussion meetings on

Tuesday, February 12, 2019, at 1:00 p.m. (02:36:20)

Sponsor: Lisa Summers, Secretary

Motion by Jennifer Webster to enter the e-poll results into the record for the approved exception to

resolution # BC-12-27-16-A and hold both the regular and executive discussion meetings on Tuesday,

February 12, 2019, at 1:00 p.m., seconded by Lisa Summers. Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Ernie Stevens III, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Tehassi Hill, Trish King

Determine next steps regarding the Memorandum of Understanding with National

Indian Carbon Coalition (02:37:08)

Sponsor: Ernie Stevens III, Councilman

Chairman Tehassi Hill returned at 11:07 p.m. and resumes the role of the Chair.

Motion by Lisa Summers to send the Memorandum of Understanding with National Indian Carbon

Coalition to the Community and Economic Development Division Director to address the two (2)

identified items in the review and for that response to come back with the proposal when completed,

seconded by Jennifer Webster. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Lisa Summers,

Jennifer Webster

Opposed:

Ernie Stevens III

Not Present:

Daniel Guzman King, Trish King

Item XIII.A. is addressed next.

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XII.

REPORTS

OPERATIONAL

Accept the Human Services FY-2019 1st quarter report (03:17:54)

Sponsor: George Skenandore, Division Director/Governmental Services

Chairman Tehassi Hill returned at 2:12 p.m. and resumed the role of the Chair.

Motion by Brandon Stevens to accept the Human Services FY-2019 1st quarter report, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Accept the Public Safety FY-2019 1st quarter report (03:26:50)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to accept the Public Safety FY-2019 1st quarter report, seconded by Lisa

Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Item XII.A.5. is addressed next.

Accept the Housing FY-2019 1st quarter report (03:05:42)

Sponsor: Dana McLester, Division Director/Comprehensive Housing

Councilman David P. Jordan left 1:57 p.m.

Councilman Ernie Stevens III left at 1:58 p.m.

Councilman David P. Jordan returned at 2:01 p.m.

Councilman Ernie Stevens III returned at 2:01 p.m.

Councilman Kirby Metoxen returned at 2:03 p.m.

Chairman Tehassi Hill left at 2:07 p.m. Vice-Chairman Brandon Stevens assumed the role of the Chair.

Motion by Lisa Summers to accept the Housing FY-2019 1st quarter report, seconded by Jennifer

Webster. Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Ernie Stevens III, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Tehassi Hill, Trish King

Item XII.A.1. is addressed next.

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Accept the Utilities, Wells, Wastewater and Septic FY-2019 1st quarter report

(02:57:54)

Sponsor: Jacque Boyle, Division Director/Public Works

Councilman Kirby Metoxen left at 1:54 p.m.

Motion by David P. Jordan to accept the Utilities, Wells, Wastewater and Septic FY-2019 1st quarter

report, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Ernie Stevens III, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Trish King, Kirby Metoxen

Item XII.A.3. is addressed next.

Accept the Planning, Zoning and Development FY-2019 1st quarter report

(03:36:20)

Sponsor: Troy Parr, Division Director/Community & Economic Development

Motion by Brandon Stevens to accept the Planning, Zoning and Development FY-2019 1st quarter

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

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Secretary Lisa Summers left at 2:28 p.m.

Secretary Lisa Summers returned at 2:31 p.m.

Accept the Government Administration FY-2019 1st quarter report (03:41:40)

Sponsor: Trish King, Treasurer

Councilman Kirby Metoxen left at 2:33 p.m.

Vice-Chairman Brandon Stevens left at 2:37 p.m.

Motion by Lisa Summers to accept the Government Administration FY-2019 1st quarter report,

seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen

Item XIV.A.1. is addressed next.

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XIII.

GENERAL TRIBAL COUNCIL

Approve tentative GTC meeting dates through January 2021 (02:39:05)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to schedule a tentative semi-annual General Tribal Council meeting on

Monday, July 29, 2019, at 6:00 p.m., seconded by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Motion by David P. Jordan to schedule a tentative special General Tribal Council meeting on Monday,

December 2, 2019, at 6:00 p.m. and identify Monday, January 6, 2020, at 6:00 p.m. as the inclement

weather date, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Motion by David P. Jordan to schedule a tentative annual General Tribal Council meeting on Monday,

January 20, 2020, at 6:00 p.m. and identify Monday, March 2, 2020, at 6:00 p.m. as the inclement

weather date, seconded by Jennifer Webster. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Motion by David P. Jordan to schedule a tentative special General Tribal Council meeting on Monday,

March 16, 2020, at 6:00 p.m. and identify Monday, June 1, 2020, at 6:00 p.m. as the inclement

weather date, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Motion by David P. Jordan to schedule a tentative special General Tribal Council meeting on Monday,

June 22, 2020, at 6:00 p.m., seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Motion by David P. Jordan to schedule a tentative semi-annual General Tribal Council meeting on

Thursday, July 23, 2020 at 6:00 p.m., seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Motion by David P. Jordan to schedule a tentative special General Tribal Council meeting on Monday,

September 14, 2020, at 6:00 p.m. to address the annual budget, seconded by Lisa Summers. Motion

carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

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Continued motions regarding item XII.A. Approve tentative GTC meeting dates through January 2021:

Motion by David P. Jordan to schedule a tentative special General Tribal Council meeting on Monday,

December 14, 2020, at 6:00 p.m. and identify Thursday, January 7, 2021, at 6:00 p.m. as the

inclement weather date, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Motion by David P. Jordan to schedule a tentative annual General Tribal Council meeting on Monday,

January 18, 2021, at 6:00 p.m. and request the Secretary to with Radisson to identify an appropriate

inclement weather date in March, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Motion by David P. Jordan to recess at 11:25 a.m. and to reconvene at 1:00 p.m., seconded by

Brandon Stevens. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

XIV.

EXECUTIVE SESSION (02:55:33)

Meeting called to order by Vice-Chairman Brandon Stevens at 1:04 p.m.

Roll call for the record:

Present: Vice-Chairman Brandon Stevens; Councilman David P. Jordan; Councilman Kirby

Metoxen; Councilman Ernie Stevens III; Secretary Lisa Summers; Councilwoman Jennifer

Webster;

Not Present: Councilman Daniel Guzman King; Chairman Tehassi Hill, Treasurer Trish King;

Motion by Lisa Summers to go into executive session at 1:04 p.m., seconded by Kirby Metoxen.

Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Ernie Stevens III, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Tehassi Hill, Trish King

Chairman Tehassi Hill returned at 1:20 p.m. and resumed the role of the Chair.

Motion by Brandon Stevens to come out of executive session at 1:47 p.m., seconded by David P.

Jordan. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Item XII.A.4. is addressed next.

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REPORTS

Accept the Bay Bancorporation, Inc. FY-2019 1st quarter executive report

(03:53:23)

Sponsor: Jeff Bowman, President/Bay Bank

Motion by Lisa Summers to accept the Bay Bancorporation, Inc. FY-2019 1st quarter executive report,

seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen

Accept the Oneida ESC Group, LLC. FY-2019 1st quarter executive report

(03:53:46)

Sponsor: Jacquelyn Zalim, Chair/OESC Board of Managers

Motion by Lisa Summers to accept the Oneida ESC Group, LLC. FY-2019 1st quarter executive report,

seconded by Ernie Stevens III. Motion carried:

Ayes:

David P. Jordan, Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen

Motion by Ernie Stevens III to send Chapter 502 Indian Preference in Contracting to the Legislative

Operating Committee to address the identified concern regarding the definition of Tribal Entities,

seconded by Lisa Summers. Motion carried:

Ayes:

David P. Jordan, Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen

Accept the Oneida Seven Generations Corporation FY-2019 1st quarter

executive report (03:54:25)

Sponsor: Pete King III, Agent/OSGC

Motion by David P. Jordan to accept the Oneida Seven Generations Corporation FY-2019 1st quarter

executive report, seconded by Lisa Summers. Motion carried:

Ayes:

David P. Jordan, Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen

Accept the Oneida Airport Hotel Corporation FY-2019 1st quarter executive

report (03:54:41)

Sponsor: Robert Barton, President/OAHC

Motion by David P. Jordan to accept the Oneida Airport Hotel Corporation FY-2019 1st quarter

executive report, seconded by Lisa Summers. Motion carried:

Ayes:

David P. Jordan, Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen

Motion by Lisa Summers to direct the BC Officers to follow up with the Community & Economic

Development Division Director on the identified concern regarding invoicing, seconded by David P.

Jordan. Motion carried:

Ayes:

David P. Jordan, Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen

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Accept the Oneida Golf Enterprise FY-2019 1st quarter executive report

(03:55:19)

Sponsor: Chad Fuss, Agent/OGE

Motion by Jennifer Webster to accept the Oneida Golf Enterprise FY-2019 1st quarter executive report,

seconded by Lisa Summers. Motion carried:

Ayes:

David P. Jordan, Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen

Accept the Environmental, Health, Safety & Land FY-2019 1st quarter executive

report (03:55:37)

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

Motion by Jennifer Webster to accept the Environmental, Health, Safety & Land FY-2019 1st quarter

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

Ayes:

David P. Jordan, Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen

Motion by Lisa Summers to approve a limited waiver of sovereign immunity regarding the following

contracts – file # 2019-0227, file # 2019-0232, file # 2019-0225, file # 2019-0224, file # 2019-0226, and

file # 2019-0223 in regards to contract file # 2019-0208, seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen

Accept the Comprehensive Housing FY-2019 1st quarter executive report

(03:56:49)

Sponsor: Dana McLester, Division Director/Comprehensive Housing

Motion by David P. Jordan to accept the Comprehensive Housing FY-2019 1st quarter executive

report, seconded by Lisa Summers. Motion carried:

Ayes:

David P. Jordan, Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen

Accept the Human Resources FY-2019 1st quarter executive report (03:57:05)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Vice-Chairman Brandon Stevens returned at 2:48 p.m.

Motion by Jennifer Webster to accept the Human Resources FY-2019 1st quarter executive report,

seconded by Lisa Summers. Motion carried:

Ayes:

David P. Jordan, Ernie Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen

Accept the Retail Enterprise FY-2019 1st quarter executive report (03:57:20)

Sponsor: Michele Doxtator, Area Manager/Retail Profits

Motion by David P. Jordan to accept the Retail Enterprise FY-2019 1st quarter executive report,

seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Ernie Stevens III, Lisa Summers,

Jennifer Webster

Not Present:

Daniel Guzman King, Trish King, Kirby Metoxen

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10.

Accept the Gaming General Manager FY-2019 1st quarter executive report

(03:57:36)

Sponsor: Louise Cornelius, Gaming General Manager

Councilman Kirby Metoxen returned at 2:49 p.m.

Motion by Jennifer Webster to accept the Gaming General Manager FY-2019 1st quarter executive

report, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

11.

Accept the Emergency Management FY-2019 1st quarter executive report

(03:57:51)

Sponsor: Kaylynn Gresham, Director/Emergency Management

Motion by Ernie Stevens III to accept the Emergency Management FY-2019 1st quarter executive

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

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Motion by Jennifer Webster to direct the BC Officers to follow up on the outstanding request to post,

seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

12.

Accept the Intergovernmental Affairs, Communications, and Self-Governance

February 2019 report (03:58:20)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by Jennifer Webster to accept the Intergovernmental Affairs, Communications, and SelfGovernance February 2019 report, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

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13.

Accept the Chief Counsel report (03:59:00)

Sponsor: Jo Anne House, Chief Counsel

Motion by Jennifer Webster to accept the Chief Counsel report, seconded by Lisa Summers. Motion

carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Motion by Kirby Metoxen to approve the travel request for Chairman Tehassi Hill to attend the moot

court and oral arguments in the Texas ICWA appeal in New Orleans, LA - March 12-14, 2019,

seconded by Jennifer Webster. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Motion by Lisa Summers to authorize the action to amend the complaint as identified in the memo from

Chief Counsel dated February 25, 2019, presented in Executive Session, seconded by Jennifer

Webster. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Motion by David P. Jordan to approve the 3rd amendment to attorney contract with Patricia Garvey file # 2011-0313, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

STANDING ITEMS

ONEIDA GOLF ENTERPRISE CORPORATION - LADIES PROFESSIONAL GOLF

ASSOCIATION

Accept the Thornberry Creek LPGA Classic February 2019 report

(04:01:20)

Motion by David P. Jordan to defer the Thornberry Creek LPGA Classic February 2019 report to the

March 13, 2019, regular Business Committee meeting, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

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AUDIT COMMITTEE

Accept the November 15, 2018, regular Audit Committee meeting minutes

(04:01:44)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the November 15, 2018, regular Audit Committee meeting

minutes, seconded by Ernie Stevens III. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Accept the Gaming Contracts compliance/financial audit and lift the

confidentiality requirement (04:02:04)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the Gaming Contracts compliance/financial audit and lift the

confidentiality requirement, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Accept the Bingo compliance audit and lift the confidentiality requirement

(04:02:25)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the Bingo compliance audit and lift the confidentiality

requirement, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Accept the Player Tracking compliance audit and lift the confidentiality

requirement (04:02:41)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the Player Tracking compliance audit and lift the confidentiality

requirement, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Accept the Slots Year End compliance audit and lift the confidentiality

requirement (04:02:55)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the Slots Year End compliance audit and lift the confidentiality

requirement, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

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Accept the Table Games compliance audit and lift the confidentiality

requirement (04:03:12)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Summers to accept the Table Games compliance audit and lift the confidentiality

requirement, seconded by Brandon Stevens. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Accept the Title 31 compliance audit and lift the confidentiality requirement

(04:03:29)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the Title 31 compliance audit and lift the confidentiality

requirement, seconded by Trish King. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Accept the Behavioral Health performance assurance audit and lift the

confidentiality requirement (04:03:44)

Sponsor: David P. Jordan, Councilman

Motion by Ernie Stevens III to accept the Behavioral Health performance assurance audit and lift the

confidentiality requirement, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Accept the Audit Committee FY-2019 1st quarter report (04:04:01)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the Audit Committee FY-2019 1st quarter report, seconded by

Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

NEW BUSINESS

Approve the attorney contract - Hobb Straus Dean and Walker LLP - file # 20190139 (04:04:18)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lisa Summers to approve the attorney contract for Hobb Straus Dean and Walker LLP - file

# 2019-0139, seconded by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Oneida Business Committee

Regular Meeting Minutes

Page 23 of 26

February 27, 2019

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DRAFT

Review application(s) for five (5) vacancies - Oneida Personnel Commission

(04:04:43)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to accept the discussion regarding the application(s) for five (5) vacancies

on the Oneida Personnel Commission, as information, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

File # 2018-DR06-02 - Accept the update and determine the appropriate next

steps (04:05:05)

Sponsor: Lisa Summers, Secretary

Motion by Kirby Metoxen to direct the BC Officers to request an update to be brought back by the

Division Director to the March 13, 2019, regular Business Committee meeting in executive session,

seconded by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Enter the e-poll results into the record for the approved requested action listed

the memorandum dated February 13, 2019, regarding the OGE Agent (04:05:34)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to enter the e-poll results into the record for the approved requested action

listed the memorandum dated February 13, 2019, regarding the OGE Agent, seconded by Lisa

Summers. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Enter the e-poll results into the record for the approved requested action listed

the memorandum dated February 14, 2019, regarding the 2004 judgement - case

# 5:70-cv-00035-LEK (04:06:00)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to enter the e-poll results into the record for the approved requested action

listed the memorandum dated February 14, 2019, regarding the 2004 judgement - case # 5:70-cv00035-LEK, seconded by Jennifer Webster. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Oneida Business Committee

Regular Meeting Minutes

Page 24 of 26

February 27, 2019

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File # ED18-008 - Discuss proposal and business plan (04:06:33)

Sponsor:

Motion by Ernie Stevens III to send file # ED18-008 to the Community & Economic Development

Division Director for a Tier 1 review, seconded by Brandon Stevens. Motion carried:

Ayes:

Tehassi Hill, Brandon Stevens, David P. Jordan, Ernie Stevens III

Opposed:

Kirby Metoxen, Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

For the record: Secretary Lisa Summers stated I am opposed to the motion on file # ED18-008 due to

the expense and the timing of the requested action.

Item VII.A. is addressed next.

XV.

ADJOURN (04:10:13)

Motion by David P. Jordan to adjourn at 3:01 p.m., seconded by Ernie Stevens III. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King

Oneida Business Committee

Regular Meeting Minutes

Page 25 of 26

February 27, 2019

Public Packet

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DRAFT

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 26 of 26

February 27, 2019

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Oneida Business Committee Agenda Request

Adopt resolution entitled The Oneida Nation's Policy for Making Expenditures under its Compact and...

1. Meeting Date Requested:

03 / 13 / 19

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:

Approve Resolution The Oneida Nation's Policy for Making Expenditures under its Compact and Funding

Agreement with the U.S. Department of Health and Human Services

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Jennifer Webster, Council Member

Primary Requestor/Submitter:

Candice Skenandore, Self Governance Coordinator, IGAC

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

Approve BC Resolution The Oneida Nation’s Policy for Making Expenditures under its Compact and Funding

Agreement with the U.S. Department of Health and Human Services. This Resolution identifies how the Nation

spends its base funding which generates Contract Support Costs.

The Nation receives Contract Support Costs funding to cover costs associated with providing programs, services,

functions, and activities in accordance with the funding agreement with the US Department of Health and

Human Services and when making expenditures pursuant to the Compact and Funding Agreement, the Nation

expends IHS funds first, third-party revenue second, and tribal contribution last.

The Resolution states that the Nation will continue to expend IHS first, third-party revenue second and that any

shortfall be covered by tribal contribution and directs the Oneida Accounting Department to structure tribal

accounts to accurately reflect this practice.

On December 6, 2018, the Oneida Business Committee, Comprehensive Health Division, Finance, Law Office, and

Self-Governance had a meeting to discuss how the Nation currently utilizes IHS funds and third-party revenue to

pay for contract support costs. It was determined at that meeting that a Resolution be developed to specify how

the Nation expends IHS funds.

A statement of effect is not required for IHS resolutions pursuant to BC Resolution 06-01-05-C.

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

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Oneida Nation

Post Office Box 365

Phone: (920) 869-2214

Oneida, WI 54155

BC Resolution # _____________

The Oneida Nation’s Policy for Making Expenditures under its Compact and Funding Agreement

with the U.S. Department of Health and Human Services

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 is a Self-Governance tribe and has entered into a Compact with the US

Department of Health and Human Services; and

WHEREAS,

the Oneida Nation receives funding on an annual basis to cover costs associated with

providing programs, services, functions and activities pursuant to a Funding Agreement

between the Oneida Nation and the U.S. Department of Health and Human Services under

the Indian Self-Determination and Education Assistance Act; and

WHEREAS,

the Oneida Nation receives contract support costs funding to cover costs associated with

providing programs, services, functions, and activities pursuant to the Funding Agreement

between the Oneida Nation and the US Department of Health and Human Services; and

WHEREAS,

when making expenditures under its Compact and Funding Agreement the Oneida Nation

expends IHS funds first, third-party revenue second, and tribal contribution last.

NOW THEREFORE BE IT RESOLVED, that the Oneida Nation shall continue to expend IHS funding first,

third-party revenue second, with any shortfall to be covered by tribal contribution.

NOW THEREFORE BE IT FINALLY RESOLVED, in expending funds for salaries and related costs, the

Oneida Nation shall continue to first use IHS funding to the maximum amount allowable, and then utilize

third-party revenue and then tribal contribution to cover any shortfall and the Oneida Accounting

Department shall structure tribal accounts to accurately reflect this practice.

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Oneida Business Committee Agenda Request

Adopt resolution entitled Supporting the Tribal AmeriCorps Program

1. Meeting Date Requested:

03 / 13 / 19

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:

Requesting the Oneida Business Committee to adopt the resolution entitled "Supporting the Tribal

AmeriCorps program.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Memorandum

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

The Oneida Nation received a request from the Northwoods NiiJii Enterprise Community for the Nation to

consider supporting their application to continue the Tribal AmeriCorps program for years 2019-2022.

Attached is a resolution of support that I am respectfully requesting the Oneida Business Committee to adopt.

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

50 of 201

Oneida Nation

Post Office Box 365

Phone: (920) 869-2214

Oneida, WI 54155

BC Resolution # __________

Supporting the Tribal AmeriCorps Program

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section1,

of the Oneida Tribal Constitution by the Oneida General Tribal council; and

WHEREAS,

the Oneida Nation has determined that the overall goal of the Oneida Nation is to protect,

maintain and improve the standard of living and the environment in which the Oneida

people live; and

WHEREAS,

our Vision is a Nation of strong families built on Tsiʔ niyukwalihotʌ (Our Ways) and a strong

economy; and

WHEREAS,

it is important to the Oneida Nation community to prevent and reduce substance abuse

among our members; and

WHEREAS,

a collaborative of the eleven sovereign American Indian Tribes in Wisconsin received a

national planning grant (2009) and subsequent implementation grants (2010-2018) to

develop a multi-site Tribal AmeriCorps Project from the Corporation for National Service;

and

WHEREAS,

the Northwoods NiiJii Enterprise Community Inc. has served as the fiscal agent for the

project since 2013; and

WHEREAS,

the Northwoods NiiJii Enterprise Community Inc. will be submitting an application in May

of 2019 to continue the Tribal AmeriCorps program for years 2019-2022 (start date

September 1, 2019); and

WHEREAS,

the Tribal State Collaboration for Positive Change (TSCPC) is a collaborative consisting of

behavioral health professionals from all eleven Wisconsin Tribes and Wisconsin

Department of Health Services working to integrate prevention and treatment services has

and will continue to serve as the Tribal Advisory Board for the Tribal AmeriCorps Program;

and

WHEREAS,

Kovar Consulting Company, Inc. has and will continue to provide all programmatic

leadership for the project under the guidance of the fiscal agent and the Tribal AmeriCorps

Program Tribal Advisory Board; and

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BC Resolution # __________

Supporting the Tribal AmeriCorps Program

Page 2 of 2

WHEREAS,

the Northwoods NiiJii Enterprise Community Inc. a grassroots organization with a strong

history of serving Tribes in northern Wisconsin wants to continue as the fiscal agent for the

Tribal AmeriCorps Program; and

WHEREAS,

the Northwoods NiiJii Enterprise Community, Inc. is a 501(c)(3) corporation chartered by

the State of Wisconsin and is not considered a “tribal organization” by the Corporation for

National and Community Service; and

WHEREAS,

passage of a Tribal Resolution of Support is a Tribal AmeriCorps Program requirement for

Wisconsin Tribes to be eligible to receive AmeriCorps members in their communities; and

WHEREAS,

the Tribal AmeriCorps Program works with local tribal substance abuse prevention

coalitions to recruit local tribal AmeriCorps members to build capacity to prevent and

reduce substance abuse, and;

NOW THEREFORE BE IT RESOLVED, the Oneida Nation, although it maintains no control over the

activities of Northwoods NiiJii Enterprises Community, and Northwoods NiiJii Enterprises Community is not

a chartered entity of the Oneida Nation, does hereby fully support Northwoods NiiJii Enterprise Community,

Inc. as a “tribal organization” as that term is defined in 45 CFR § 2510.20 and authorizes Northwoods NiiJii

Enterprise Community, Inc. to be the legal applicant for and act on behalf of and include the Oneida Nation

in the Tribal AmeriCorps Program CNCS grant program solely for the purpose of conducting the activities

and providing the services described in the application in conformance with all requirements of the funding

agency, and all applicable laws and regulations.

BE IT FURTHER RESOLVED, that the Oneida Nation supports continuing participation in the Tribal

AmeriCorps Program for the Tribes of Wisconsin for program years 2019-2022, which will continue to focus

on addressing the significant substance abuse prevention needs of tribal communities.

BE IT FINALLY RESOLVED, that the Oneida Nation hereby authorizes the Northwoods NiiJii Enterprise

Community Inc. to sign all necessary documents as fiscal agent in furtherance of the Tribal AmeriCorps

Program.

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Appointing Representative to the Nuclear Energy Tribal Working Group and the Tribal Radioactive...

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

/ 13

/ 19

2. General Information:

Session: [gJ Open D Executive - See instructions for the applicable laws, then choose one:

Agenda Header:

�'N_e_w _Bu_s_in_e_s_s___________________________ �

D Accept as Information only

[gJ Action - please describe:

Requesting a Letter stating that Daniel King will be the Oneida Nation Tribal Representative for the NETWG

(Nuclear Energy Tribal Working Group) and TRMTC (Tribal Radioactive Materials Transportation

Committee) Address to the Dept of Energy.

**Request to adopt resolution entitled Appointing Representative to the Nuclear Energy Tribal Working

Group and the Tribal Radioactive Materials Transportation Committee**

3. Supporting Materials

D Report

x Resolution

D Contract

[gJ Other:

1.JLetter Requesting Appointment

3.JTRMTC-Fact Sheet

2.I NETWG -Mission, Goals & Objectives

D Business Committee signature required

4. Budget Information

D Budgeted - Tribal Contribution

D Budgeted - Grant Funded

D Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Patrick Pelky, Division Director/EHS

Primary Requestor:

_ _ b_er_ _ _ _ _ _________ _ _ _

_D_an_ ie

_ _ al_ M_em

_ _l _Ki_n�g_-T_rib

Additional Requestor:

Your Name, Title/ Dept. or Tribal Member

Name, Title/ Dept.

Page 1 of2

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Oneida Nation

Post Office Box 365

Phone: (920) 869-2214

Oneida, WI 54155

BC Resolution # __________

Appointing Representative to the Nuclear Energy Tribal Working Group and the Tribal Radioactive

Materials Transportation Committee

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 U.S. Department of Energy Office of Nuclear Energy has created the Nuclear Energy

Tribal Working Group for which the National Conference of State Legislatures provides

support; and

WHEREAS,

the National Conference of State Legislatures has created the Tribal Radioactive Materials

Transportation Committee; and

WHEREAS,

the Nuclear Energy Tribal Working Group and the Tribal Radioactive Materials

Transportation Committee are made up of Tribal leaders throughout the United States; and

WHEREAS,

the Nuclear Energy Tribal Working Group serves as a conduit to foster communication and

education with the goal of developing and maintaining government-to-government

relationships between the U.S. Department of Energy and American Indian tribes; and

WHEREAS,

the Tribal Radioactive Materials Transportation Committee serves as a forum for American

Indian tribes to provide input to the U.S. Department of Energy on programs and activities

relating to the transportation and storage of radioactive materials and spent nuclear fuel

from federally recognized Tribes impacted by shipments of radioactive and hazardous

materials; and

WHEREAS,

it is possible that shipments of radioactive and hazardous materials could be transported

through or near the Oneida Nation Reservation as a result of two closed nuclear energy

plants within the State of Wisconsin; and

WHEREAS,

Daniel A. King, former Safety Coordinator/Environmental Health Safety & Land Division,

wishes to remain involved as the Oneida Nation’s representative on the Nuclear Energy

Tribal Working Group and the Tribal Radioactive Materials Transportation Committee

following his retirement on March 6, 2019; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee hereby appoints Daniel A.

King, Tribal member, as the Nation’s representative on the Nuclear Energy Tribal Working Group and

the Tribal Radioactive Materials Transportation Committee.

Public Packet

60 of 201

BC Resolution # __________

Appointing Representative to the Nuclear Energy Tribal Working Group and the Tribal Radioactive

Materials Transportation Committee

Page 2 of 2

BE IT FURTHER RESOLVED, that the Oneida Business Committee hereby appoints Jeffrey Mears, Deputy

Director/Environmental Health Safety & Land Division, as the alternate representative on the Nuclear

Energy Tribal Working Group and the Tribal Radioactive Materials Transportation Committee.

BE IT FINALLY RESOLVED, that the Nation’s representative shall provide the following information to the

Oneida Business Committee:

1. Notice of all schedule meetings and attendance;

2. Timely notice of issues discussed presented to the Intergovernmental Affairs and Communications

Director in order to obtain position decisions from the Oneida Business Committee; and

3. Written reports on all meetings and actions taken.

Public Packet

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61 of 201

Adopt resolution entitled Amending Resolution BC-09-26-18-F Rescission of the Dissolution of the Oneida

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Oneida Nation

63 of 201

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # ________________

Amending Resolution BC-09-26-18-F Rescission of the Dissolution of the Oneida Personnel

Commission and Related Emergency Amendments in Accordance with General

Tribal Council’s August 27, 2018 Directive

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 Personnel Selection Committee was created by the General Tribal Council to monitor

the hiring process to protect against issues of nepotism, and to enforce Oneida and Indian

preference; and

WHEREAS,

in an effort to provide for a tribal employment system that is operated in an orderly and fair

manner, the Oneida Business Committee re-designated the Personnel Selection

Committee as the Oneida Personnel Commission through resolution BC-04-13-90-A; and

WHEREAS,

resolution BC-04-13-90-A delegated the Oneida Personnel Commission the responsibility

to generate personnel policies to be presented and recommended to the Oneida Business

Committee for the Oneida Business Committee to review, take formal action to approve,

disapprove, change and/or amend said personnel policy recommendations; and

WHEREAS,

through resolution BC-05-12-93-J, the Oneida Business Committee, in conjunction with the

Nation’s Human Resources Department and the Oneida Personnel Commission, revised

the Nation’s Personnel Policies and Procedures to allow the Oneida Personnel

Commission to serve as a grievance hearing body for employment matters; and

WHEREAS,

the Oneida Personnel Commission then served the Oneida Nation as a hearing body for

employee grievances, with appeals of those hearings authorized to be made to the Oneida

Appeals Commission after its creation in 1991 by the General Tribal Council; and

WHEREAS,

the Oneida Business Committee, through resolution BC-03-06-01-B, temporarily rescinded

authority delegated to the Oneida Personnel Commission contained within the Oneida

Personnel Policies and Procedures as it pertained to the role of the Oneida Personnel

Commission as representatives of the community at large, the commissioners’

responsibility to serve on the Screening Committee, the Interview Committee, the

Personnel Screening Committee, and as the Grievance Hearing Body; and

WHEREAS,

resolution BC-03-06-01-B required that the hiring process of the Nation continue without

interruption under the auspices of the Human Resources Department, and that the Oneida

Appeal Commission be delegated the first level hearing body for employment related

actions as referenced in the Oneida Personnel Policies and Procedures; and

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BC Resolution _____________

Amending Resolution BC-09-26-18-F Rescission of the Dissolution of the Oneida Personnel Commission and Related

Emergency Amendments in Accordance with General Tribal Council’s August 27, 2018 Directive

Page 2 of 10

WHEREAS,

although the Oneida Personnel Commission served the Nation as a hearing body for

employee grievances since the early 1990s, except for the period when the Oneida

Personnel Commissions’ authority was temporarily rescinded, the Nation has been moving

towards consolidating all hearing responsibilities to the Oneida Nation Judiciary; and

WHEREAS,

the Oneida General Tribal Council adopted the Judiciary law as the next step in formalizing

the hearing authority of the Oneida Nation in an independent judicial body; and

WHEREAS,

the membership approved amendments to the Constitution which adopted Article V,

Judiciary, which established “a judiciary to exercise the judicial authority of the Oneida

Nation”; and

WHEREAS,

the Oneida General Tribal Council adopted resolution GTC-03-19-17-A which designated

the Oneida Judiciary as the judiciary authorized pursuant to Article V of the Constitution;

and

WHEREAS,

the Oneida Business Committee has presented reports, and the General Tribal Council

has accepted such reports, regarding the consolidation of administrative hearing and

judicial hearing responsibilities in the Judiciary for the purpose of increasing consistency in

hearing processes, efficiency, and reducing overall costs to the Nation; and

WHEREAS,

the Oneida Business Committee notified the Judiciary of its intention to consolidate all

judicial functions and the Judiciary identified that it is prepared to accept such

responsibilities; and

WHEREAS,

the Oneida Business Committee has adopted amendments to laws that transferred the

hearing authority of the Environmental Resources Board and the Land Commission to the

Judiciary; and

WHEREAS,

the Oneida Business Committee determined it was appropriate to begin consolidating

employment related grievance hearings into the Judiciary as the number of current cases

in the Oneida Personnel Commission was low and the costs of maintaining judicial hearing

authorities continues to increase; and

WHEREAS,

the Oneida Business Committee dissolved the Oneida Personnel Commission on April 11,

2018, through resolution BC-04-11-18-A in an effort to consolidate employment related

grievance hearings into the Judiciary; and

WHEREAS,

resolution BC-04-11-18-A required the Legislative Operating Committee to develop and

present emergency legislative amendments to fully address the impact of this resolution

by the April 25, 2018, Oneida Business Committee meeting for consideration of adoption;

and

WHEREAS,

resolution BC-04-11-18-A required that all personnel matters pending, scheduled, and for

which timelines were running were hereby tolled until the emergency amendments could

be brought forward by the Legislative Operating Committee regarding laws impacted by

the dissolution of the Oneida Personnel Commission, with the tolling of time interpreted

and applied in the best interests of the employee; and

WHEREAS,

although the Oneida Personnel Commission was dissolved, the Oneida Business

Committee recognized the valuable service the Personnel Selection Committee provided

in its original form before being expanded to include hearing authority; and

WHEREAS,

the Oneida Business Committee determined that the valuable service the Personnel

Selection Committee provided remained necessary in the hiring process, and therefore

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BC Resolution _____________

Amending Resolution BC-09-26-18-F Rescission of the Dissolution of the Oneida Personnel Commission and Related

Emergency Amendments in Accordance with General Tribal Council’s August 27, 2018 Directive

Page 3 of 10

recreating the Personnel Selection Committee was in the best interest of the Oneida

Nation; and

WHEREAS,

the Oneida Business Committee recreated the Personnel Selection Committee on April 11,

2018, through resolution BC-04-11-18-B; and

WHEREAS,

resolution BC-04-11-18-B provided that bylaws for the Personnel Selection Committee be

placed on the May 23, 2018 Oneida Business Committee meeting agenda, and that the

Human Resources Department consider not scheduling screening or interviews until the

Personnel Selection Committee is created and members are appointed, provided that, the

Human Resources Department may schedule screening and interviewing where it would

be unreasonable to delay or further delay that action; and

WHEREAS,

the Oneida Business Committee approved the Personnel Selection Committee bylaws on

May 23, 2018; and

WHEREAS,

the Oneida Business Committee adopted emergency amendments to the Military Service

Employee Protection Policy, the Oneida Personnel Policies and Procedures, the Oneida

Judiciary Rules of Civil Procedures, and the Employee Protection Policy on April 25, 2018,

through resolutions BC-04-25-18-D, BC-04-25-18-E, BC-04-25-18-F, and BC-04-25-18-G;

and

WHEREAS,

the emergency amendments to the above mentioned laws replaced any reference to the

Oneida Personnel Commission which referred to actions affecting employees involving

adverse employment actions for which a hearing is authorized with a reference to the

Judiciary – Trial Court, thereby transferring the hearing authority to the Judiciary – Trial

Court; and

WHEREAS,

the emergency amendments to the above mentioned laws replaced any reference to the

Oneida Personnel Commission which referred to actions involving hiring, including

screening and interviews, with a reference to the Personnel Selection Committee; and

WHEREAS,

the Oneida Business Committee determined emergency adoption of the amendments to

the Military Service Employee Protection Policy, the Oneida Personnel Policies and

Procedures, the Oneida Judiciary Rules of Civil Procedures, and the Employee Protection

Policy were necessary for the preservation of the public health, safety, or general welfare

of the reservation population as required by the Legislative Procedures Act in order to

ensure that the general welfare and due process rights of employees of the Nation were

preserved in absence of the Oneida Personnel Commission; and

WHEREAS,

the Oneida Business Committee adopted a plan for the process of transitioning cases from

the Oneida Personnel Commission to the Judiciary – Trial Court through resolution BC-0425-18-H;

WHEREAS,

resolution BC-04-25-18-H required that the Judiciary Trial Court utilize prior decisions of

the Oneida Personnel Commission as precedent in its hearing and decision-making

process, and that hearing procedures shall follow those set forth in the Oneida Judiciary

Rules of Civil Procedure, provided that, in circumstances where the Oneida Personnel

Policies and Procedures conflict with the Oneida Judiciary Rules of Civil Procedure, the

deadlines in the Oneida Personnel Policies and Procedures shall govern; and

WHEREAS,

resolution BC-04-25-18-H set forth a process to be used to transfer matters to the Judiciary

from the Oneida Personnel Commission including:

1. All active cases for which at least one hearing had been held was transferred to the

Judiciary Trial Court effective immediately.

Public Packet

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BC Resolution _____________

Amending Resolution BC-09-26-18-F Rescission of the Dissolution of the Oneida Personnel Commission and Related

Emergency Amendments in Accordance with General Tribal Council’s August 27, 2018 Directive

Page 4 of 10

a. The employee had, by close of business on May 11, 2018, to file a notice with

the Judiciary Trial Court stating either they wish to maintain the current hearing

body or have their case assigned to a judicial officer of the Trial Court and the

Trial Court shall begin the hearing from the beginning, or at the request of the

employee, continue the existing hearing with the judicial officer replacing the

hearing body.

b. In all circumstances, the Judiciary was required to receive active case files and

hearing records for active cases and begin management of the case.

All cases which had been accepted, but no hearing had yet been conducted or no

hearing officers selected, had been transferred to the Judiciary Trial Court and a

judicial officer of the Trial Court was assigned.

All cases which had been concluded and for which no appeal time remains, were

transferred to the Records Management Department which worked with the Judiciary

to assist in managing those records.

All matters filed, but for which no determination has been made regarding acceptance

was immediately forwarded to the Judiciary Trial Court.

The Oneida Personnel Commission administration was required to deliver a complete

record of all decisions of the Oneida Personnel Commission to the Judiciary and a

copy to Records Management Department; and

WHEREAS,

on May 14, 2018, the Petition: G. Powless – Oneida Personnel Commission Dissolution

was submitted to the Business Committee Support Office by Gina Powless and was

verified by the Trust Enrollment Department; and

WHEREAS,

the petition requested General Tribal Council “to address the actions of the Oneida

Business Committee’s (OBC) Dissolving the Oneida Personnel Commission (OPC) by BC

Resolution #04-11-18-A, BC Resolution #04-11-18-B. The OBC has intentionally violated

their authority, they do not have the right to make a decision to dissolve the OPC which

was created and approved by General Tribal Council (GTC). The only body that can

dissolve the OPC is GTC. The OBC has abused their power and directly violated the

Oneida Constitution, their Oath of Office, Oneida’s Code of Ethics, the Oneida Blue Book,

to name a few. The OBC has deliberately undermined the authority of GTC. The OBC has

cited in their BC resolutions that there is an emergency, yet have not cited any real

emergency. The GTC hereby rescinds the action of the OBC, by rescinding BC

Resolutions: 04-11-18-A, 04-11-18-B, 04-25-18-D, 04-25-18-E, 04-25-18-E, 04-25-18-F,

04-25-18-G, 04-25-18-H, placing the OPC back into the grievance and hiring practice, per

the Oneida Blue Book, until GTC determines otherwise. Further, GTC takes corrective

measures pertaining to the OBC, by suspending the OBC Members without pay that

approved the mentioned Resolutions for a period of 90 days”; and

WHEREAS,

the Oneida Business Committee accepted the verified Petition: G. Powless – Oneida

Personnel Commission Dissolution on May 23, 2018, and directed that the petition be sent

to the Law, Finance, Legislative Reference, and Direct Report Offices' for legal, financial,

legislative, and administrative analyses to be completed, and that a General Tribal Council

Meeting be scheduled for this matter on August 27, 2018; and

WHEREAS,

the Petition: G. Powless – Oneida Personnel Commission Dissolution was presented to

the General Tribal Council on August 27, 2018; and

WHEREAS,

the General Tribal Council adopted a motion to “rescind the actions of the Oneida Business

Committee related to the dissolution of the Oneida Personnel Commission, and to rescind

the amendments related to the Blue Book from April 11, 2018 to today”; and

WHEREAS,

the Oneida Business Committee held an emergency Oneida Business Committee Meeting

on August 29, 2018, for the purpose of identifying the next steps to implement the August

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BC Resolution _____________

Amending Resolution BC-09-26-18-F Rescission of the Dissolution of the Oneida Personnel Commission and Related

Emergency Amendments in Accordance with General Tribal Council’s August 27, 2018 Directive

Page 5 of 10

27, 2018, GTC motion in an effort to implement the directives in a clear and timely transition

protecting employee’s due process; and

WHEREAS,

at the August 29, 2018, emergency Oneida Business Committee meeting the Oneida

Business Committee adopted the transition steps outlined to implement the August 27,

2018, General Tribal Council action with two (2) noted additions: 1) under the "Judiciary"

section, include a task for communication regarding the Indirect Contempt Order; and 2)

under the "Business Committee" section, include a task to address the concerns regarding

training; and

WHEREAS,

the transition steps provided direction to the Legislative Operating Committee and the

Legislative Reference Office, the Judiciary, the Treasurer and Finance Office, and the

Oneida Business Committee on how to proceed with implementing General Tribal

Council’s directive; and

WHEREAS,

in recognition of the rescission of the dissolution of the Oneida Personnel Commission, on

September 12, 2018, the Oneida Business Committee adopted a motion to terminate the

appointments of the remaining members of the Oneida Personnel Commission: Carol

Smith, Erik Krawczyk. Gary Smith, Gerald Decorah, Jason Martinez, Jennifer Hill, Patricia

Powless, Pearl Webster, Sharon Alvarez, Stacey M. Nieto, Tina M Moore, and Yvonne

Jourdan; and

WHEREAS,

the Oneida Business Committee terminated the appointment of all Oneida Personnel

Commission members under the authority granted by the Comprehensive Policy

Governing Boards, Committees, and Commissions, and based the decision to terminate

the appointments on the documentation submitted by members of the Oneida Personnel

Commission, the decisions of the Judiciary, and the Oneida Business Committee’s findings

before and after the dissolution of the Oneida Personnel Commission; and

WHEREAS,

on September 12, 2018, the Oneida Business Committee adopted a motion which directed

the Legislative Operating Committee to present the bylaws for the Oneida Personnel

Commission at the next regular Oneida Business Committee meeting with updated

qualifications to address the issue of understanding hearing authorities and

responsibilities; and

WHEREAS,

the Oneida Business Committee adopted a further motion to defer posting the vacancies

for the Oneida Personnel Commission until the updated bylaws are presented and

approved by the Oneida Business Committee; and .

WHEREAS,

since the adoption of Oneida Business Committee resolution BC-09-26-18-F the Oneida

Business Committee has determined additional changes are needed to address which

entity of the Nation shall assist the Oneida Personnel Commission with administrative

duties related to the grievance process as authorized by the Oneida Personnel Policies

and Procedures; and

WHEREAS,

the Oneida Business Committee determined the delegation of responsibility to assist the

Oneida Personnel Commission with administrative duties related to the grievance process

should be amended from the Judiciary – Trial Court to the Nation’s Human Resources

Department.

Recognition of General Tribal Council’s August 27, 2018 Directive

NOW THEREFORE BE IT RESOLVED, that this resolution formally recognizes for the record General

Tribal Council’s directive to rescind the actions of the Oneida Business Committee related to the dissolution

of the Oneida Personnel Commission, and to rescind the related emergency amendments.

Public Packet

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BC Resolution _____________

Amending Resolution BC-09-26-18-F Rescission of the Dissolution of the Oneida Personnel Commission and Related

Emergency Amendments in Accordance with General Tribal Council’s August 27, 2018 Directive

Page 6 of 10

Rescission of the Dissolution of the Oneida Personnel Commission

NOW THEREFORE BE IT FURTHER RESOLVED, to recognize General Tribal Council’s directive to

rescind the dissolution of the Oneida Personnel Commission, resolution BC-04-11-18-A, which dissolved

the Oneida Personnel Commission, is hereby formally repealed and the Oneida Personnel Commission is

formally reinstated.

NOW THEREFORE BE IT FURTHER RESOLVED, that resolution BC-04-25-18-H, which sets forth a

process to be used to transfer matters to the Judiciary from the Oneida Personnel Commission, is hereby

repealed.

NOW THEREFORE BE IT FURTHER RESOLVED, the Oneida Business Committee requests the Human

Resources Department consider not scheduling screening or interviews until a minimum number of

members of the Oneida Personnel Commission can be appointed and sworn into office. Provided that, the

Human Resources Department may schedule screening and interviewing where it would be unreasonable

to delay or further delay that action and shall ensure that employment laws of the Oneida Nation are

enforced in the selection process.

NOW THEREFORE BE IT FURTHER RESOLVED, once a minimum number of members of the Oneida

Personnel Commission are appointed and sworn into office, the Human Resources Department shall

provide administrative assistance to the Oneida Personnel Commission in regard to the hiring and selection

of employees, which shall include, but is not limited to, scheduling pre-screens and interviews, and

coordinating Oneida Personnel Commission members to conduct hiring and selection activities.

NOW THEREFORE BE IT FURTHER RESOLVED, in recognition of the time necessary to appoint

members to the Oneida Personnel Commission and allow members to obtain the necessary required

training, the Judiciary – Trial Court shall continue to hear employee grievance matters until the Oneida

Personnel Commission is prepared to begin exercising hearing authority.

NOW THEREFORE BE IT FURTHER RESOLVED, the Judiciary – Trial Court shall develop and provide

training and/or ensure training is provided to members of the Oneida Personnel Commission on hearing

processes and procedures.

NOW THEREFORE BE IT FURTHER RESOLVED, the Oneida Personnel Commission shall be prepared

to exercise hearing authority over employee grievance matters when the Oneida Personnel Commission

informs the Oneida Business Committee that the minimum number of Oneida Personnel Commission

members have been appointed and have obtained all required trainings.

NOW THEREFORE BE IT FURTHER RESOLVED, the Legislative Operating Committee shall provide

updates on the progress of the Oneida Personnel Commission to the Oneida Business Committee on a bimonthly basis, at the second Oneida Business Committee meeting of the month.

NOW THEREFORE BE IT FURTHER RESOLVED, the Nation’s Human Resources Department shall draft

an interpretation of Section V.D. of the Oneida Personnel Policies and Procedures which clarifies that in

regard to employee grievance matters the term “Oneida Personnel Commission” shall be interpreted to

mean the “Judiciary – Trial Court” until such time that the Oneida Personnel Commission informs the Oneida

Business Committee that they are prepared to begin exercising hearing authority.

NOW THEREFORE BE IT FURTHER RESOLVED, once the Oneida Personnel Commission informs the

Oneida Business Committee that they are prepared to begin exercising hearing authority, the following

transition process shall be used to transfer matters from the Judiciary – Trial Court back to the Oneida

Personnel Commission including:

1. All active cases for which at least one hearing has been held are transferred to the Oneida

Personnel Commission effective immediately.

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BC Resolution _____________

Amending Resolution BC-09-26-18-F Rescission of the Dissolution of the Oneida Personnel Commission and Related

Emergency Amendments in Accordance with General Tribal Council’s August 27, 2018 Directive

Page 7 of 10

a. The employee shall have ten (10) business days to file a notice with the Judiciary - Trial

Court stating either they wish to maintain his or her case at the Judiciary - Trial Court or

have their case assigned to the Oneida Personnel Commission and the Oneida Personnel

Commission shall begin the hearing from the beginning, or at the request of the employee,

continue the existing hearing with the Oneida Personnel Commission replacing the

Judiciary - Trial Court.

b. In all circumstances, the Oneida Personnel Commission shall receive active case files and

hearing records for active cases and begin management of the case.

All cases which have been accepted, but no hearing has yet been conducted, shall be transferred

to the Oneida Personnel Commission.

All cases which have been concluded and for which no appeal time remains, shall be transferred

to the Records Management Department which will work with the Oneida Personnel Commission

to assist in managing those records.

All matters filed, but for which no determination has been made regarding acceptance shall be

immediately forwarded to the Oneida Personnel Commission.

The Judiciary’s administration shall deliver a complete record of all decisions of the Judiciary – Trial

Court to the Oneida Personnel Commission and a copy to Records Management Department.

NOW THEREFORE BE IT FURTHER RESOLVED, once the Oneida Personnel Commission begins

exercising hearing authority, the Judiciary – Trial CourtHuman Resources Department shall provide

administrative support to the Oneida Personnel Commission in regard to employee grievance hearings,

including, but not limited to, accepting filings on behalf of the Oneida Personnel Commission, scheduling

hearings, coordinating Oneida Personnel Commission members to serve as the hearing body, and

providing a hearing room.

NOW THEREFORE BE IT FURTHER RESOLVED, the Oneida Personnel Commission shall use the

following employment grievance process in conjunction withas provided for in the Oneida Personnel

Policies and Procedures with the following clarifications:

1. Filing of a Complaint.

a. An Eemployee shall fill out a complaint for Personnel/Employment Action form and

shallmay appeal the Area Manager’s decision to the Oneida Personnel Commission by

filinge the a complaint with Judiciary – Trial Courtthe Human Resources Department on

the behalf of the Oneida Personnel Commission.

a.i. The employee shall file the appeal within ten (10) working days from the

employee’s receipt of the Area Manager’s decision.

b. Judiciary – Trial Court Clerk shall review complaint form for completion.

c.b. Judiciary – Trial Court ClerkThe Human Resources Department shall send the Notice of

Filing notification to the Human Resources Department, Equal Employment Opportunity

Department, Immediate Supervisor, and Area Managernotify the Human Resources

Department Manager of receipt of the appeal within one (1) business day of receipt of the

appeal.

2. Collection of Information.

a. The Human Resources Department shall send collect all information the Area Manager

used in making the decision to the Judiciary – Trial Court Clerk to uphold the disciplinary

action.

b. The Immediate Supervisor/Area Manager shall immediately notify the Employee Advocacy

Department.

3. Review of the Complaint.

a. The Judiciary – Trial Court ClerkHuman Resources Department shall provide the

information obtained to the Oneida Personnel Commission members selected to serve as

the hearing body for the complaint, and the Oneida Personnel Commissioners shall review

all the information submitted by the Petitioner and the Human Resources Department to

determine if one or both conditions exist:

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BC Resolution _____________

Amending Resolution BC-09-26-18-F Rescission of the Dissolution of the Oneida Personnel Commission and Related

Emergency Amendments in Accordance with General Tribal Council’s August 27, 2018 Directive

Page 8 of 10

i. The decision of the Area Manager is clearly against the weight of the evidence;

and/or

ii. Procedural irregularities were exhibited during the appeal process that were

harmful to one of the parties to the grievance.

b. If Oneida Personnel Commission members selected to serve as the hearing body for the

complaint finds one or both conditions exist, the Judiciary – Trial ClerkHuman Resources

Department shall schedule a hearing and send notice to the partiesconvene the Oneida

Personnel Commission to hear the grievance.

c. If the Oneida Personnel Commission members finds that neither conditions exists, the

Oneida Personnel Commission will issue a decision without a hearingdeny the appeal for

a hearing and affirm the decision of the Area Manager.

4. Convening a Hearing.

a. The Human Resources Department shall schedule a time and location for the grievance

hearing and shall confirm the participation of the Oneida Personnel Commission members

selected to serve as the hearing body for the complaint.

b. The Human Resources Department shall send notice of the hearing to the petitioner,

respondent, and Oneida Personnel Commission members at least five (5) working days

prior to the hearing date.

c. The Human Resources Department shall provide copies of all information on the subject

case upon which the disciplinary action was upheld to the members of the Oneida

Personnel Commission at least two (2) working days prior to the appeal date.

d. The Human Resources Department shall allow the petitioner and respondent access to

this information in the Human Resources Department Office at least two (2) days prior to

the appeal date.

4.5. Hearing Procedure.

a. If hearing is scheduled, The Judiciary – Trial Court Clerk shall send the hearing notice no

later than five (5) business days prior to the hearing to all parties.

b.a. The order of presentation for the hearing shall be:

i. Plaintiff’s opening statement;

ii. Defendant’s Respondent’s opening statement;

iii. The Plaintiff’s case;

iv. The Defendant’s Respondent’s case;

v. Plaintiff’s closing statement

vi. Defendant’s Respondent’s closing statement

b. The petitioner shall have the right to be represented by an advocate, at his or her own

expense. The respondent and/or area manager who is party to the grievance action shall

have access to an advocate for consultation and/or representation. Should the petitioner

engage outside professional legal representation, the respondent and/or area manager

shall have access to professional legal representation.

i. Should the petitioner and his or her representative both fail to appear for any

scheduled hearing without justifiable cause, the decision of the Area Manager shall

be upheld and the grievance dismissed.

vi.ii. Should the respondent and his/her representative both fail to appear for any

scheduled hearing without justifiable cause, the decision of the Area Manager shall

be overturned.

c. If new evidence which was previously unavailable is introduced at any point during the

hearing process, the Oneida Personnel Commission hearing shall be suspended, and the

case will be remanded to the Area Manager for reconsideration.

i. The Area Manager shall reconsider the decision in light of the new evidence and

issue a decision within three (3) working days.

ii. This procedure may be invoked only once.

iii. Thereafter, the appeal process shall continue to a conclusion based on the

information originally presented and the newly introduced evidence.

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BC Resolution _____________

Amending Resolution BC-09-26-18-F Rescission of the Dissolution of the Oneida Personnel Commission and Related

Emergency Amendments in Accordance with General Tribal Council’s August 27, 2018 Directive

Page 9 of 10

1. If the Area Manager overturns her or her decision is overturned, the case

would not come back for a hearing.

2. If decision isis the Area Manager affirms his or her decisioned, then the

case will come back to the Oneida Personnel Commission to complete the

hearing. This will only happen one time.

The Oneida Personnel Commission’s decision shall be based solely on the information

presented to them before the appeal hearing, the record of the prior proceedings, and any

new evidence if introduced appropriately.

e. The Oneida Personnel Commission may:

i. Uphold the disciplinary action; or

ii. Overturn the disciplinary action and:

1. Reinstate the employee (petitioner) with full back pay for any lost time; or

2. Reinstate the employee (petitioner) without back pay.

f. The Oneida Personnel Commission shall provide notification of the final decision within five

(5) working days following the hearing. Notification of the final decision shall include:

i. The final decision;

ii. The reason(s) for the final decision; and

iii. The action to be taken as a result of the final decision.

d.g. The Human Resources Department shall keep records of the hearing, and provide copies

of administrative advocacy rules, procedural rules, and time line rules to interested parties.

Dissolution of the Personnel Selection Committee

NOW THEREFORE BE IT FURTHER RESOLVED, that resolution BC-04-11-18-B, which created the

Personnel Selection Committee, is hereby repealed and the Personnel Selection Committee is hereby

dissolved effective immediately.

NOW THEREFORE BE IT FURTHER RESOLVED, within five (5) business days of the adoption of this

resolution the Oneida Business Committee shall provide the Personnel Selection Committee written notice

of this dissolution.

NOW THEREFORE BE IT FURTHER RESOLVED, that the Personnel Selection Committee shall have up

to two (2) weeks from the date of the dissolution to close out any open business and forward all materials

and records to the Business Committee Support Office for proper storage and disposal.

Rescission of the Emergency Amendments

NOW THEREFORE BE IT FURTHER RESOLVED, in recognition of General Tribal Council’s directive to

rescind the emergency amendments related to the dissolution of the Oneida Personnel Commission,

resolution BC-04-25-18-D, which adopted emergency amendments to the Military Service Employee

Protection Policy, is hereby repealed.

NOW THEREFORE BE IT FURTHER RESOLVED, the Military Service Employee Protection Policy

adopted prior to the emergency amendments, through resolution BC-10-24-07-E, is hereby reinstated and

effective immediately.

NOW THEREFORE BE IT FURTHER RESOLVED, in recognition of General Tribal Council’s directive to

rescind the emergency amendments related to the dissolution of the Oneida Personnel Commission,

resolution BC-04-25-18-E, which adopted emergency amendments to the Oneida Personnel Policies and

Procedures, is hereby repealed.

NOW THEREFORE BE IT FURTHER RESOLVED, the Oneida Personnel Policies and Procedures

adopted prior to the emergency amendments, is hereby reinstated and effective immediately.

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BC Resolution _____________

Amending Resolution BC-09-26-18-F Rescission of the Dissolution of the Oneida Personnel Commission and Related

Emergency Amendments in Accordance with General Tribal Council’s August 27, 2018 Directive

Page 10 of 10

NOW THEREFORE BE IT FURTHER RESOLVED, in recognition of General Tribal Council’s directive to

rescind the emergency amendments related to the dissolution of the Oneida Personnel Commission,

resolution BC-04-25-18-F, which adopted emergency amendments to the Oneida Judiciary Rules of Civil

Procedure, is hereby repealed.

NOW THEREFORE BE IT FURTHER RESOLVED, the Oneida Judiciary Rules of Civil Procedure adopted

prior to the emergency amendments, through resolution BC-04-24-14-A, is hereby reinstated and effective

immediately.

NOW THEREFORE BE IT FURTHER RESOLVED, in recognition of General Tribal Council’s directive to

rescind the emergency amendments related to the dissolution of the Oneida Personnel Commission,

resolution BC-04-25-18-G, which adopted emergency amendments to the Employee Protection Policy, is

hereby repealed.

NOW THEREFORE BE IT FURTHER RESOLVED, the Employee Protection Policy adopted prior to the

emergency amendments, through resolution BC-02-25-15-C, is hereby reinstated and effective

immediately.

NOW THEREFORE BE IT FURTHER RESOLVED, the Legislative Reference Office shall update the

Oneida Register to reflect the proper versions of the Military Service Employee Protection Policy, the

Oneida Judiciary Rules of Civil Procedures, and the Employee Protection Policy.

NOW THEREFORE BE IT FURTHER RESOLVED, the Human Resources Department shall update all

sources to reflect the proper version of the Oneida Personnel Policies and Procedures.

Future Consolidation of Hearing Authority to the Judiciary

NOW THEREFORE BE IT FINALLY FURTHER RESOLVED, the Oneida Business Committee recognizes

the importance of continuing to pursue the consolidation of all hearing authority to the Judiciary in the future,

in order to properly recognize and implement the Judiciary’s purpose of administering the judicial authorities

and responsibilities of the Nation.

Amendment to Resolution BC-09-26-18-F

NOW THEREFORE BE IT FINALLY RESOLVED, adoption of this resolution will amend and supersede

Oneida Business Committee resolution BC-09-26-18-F.

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Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # ________________

Amending Resolution BC-09-26-18-F Rescission of the Dissolution of the Oneida Personnel

Commission and Related Emergency Amendments in Accordance with General

Tribal Council’s August 27, 2018 Directive

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 Personnel Selection Committee was created by the General Tribal Council to monitor

the hiring process to protect against issues of nepotism, and to enforce Oneida and Indian

preference; and

WHEREAS,

in an effort to provide for a tribal employment system that is operated in an orderly and fair

manner, the Oneida Business Committee re-designated the Personnel Selection

Committee as the Oneida Personnel Commission through resolution BC-04-13-90-A; and

WHEREAS,

resolution BC-04-13-90-A delegated the Oneida Personnel Commission the responsibility

to generate personnel policies to be presented and recommended to the Oneida Business

Committee for the Oneida Business Committee to review, take formal action to approve,

disapprove, change and/or amend said personnel policy recommendations; and

WHEREAS,

through resolution BC-05-12-93-J, the Oneida Business Committee, in conjunction with the

Nation’s Human Resources Department and the Oneida Personnel Commission, revised

the Nation’s Personnel Policies and Procedures to allow the Oneida Personnel

Commission to serve as a grievance hearing body for employment matters; and

WHEREAS,

the Oneida Personnel Commission then served the Oneida Nation as a hearing body for

employee grievances, with appeals of those hearings authorized to be made to the Oneida

Appeals Commission after its creation in 1991 by the General Tribal Council; and

WHEREAS,

the Oneida Business Committee, through resolution BC-03-06-01-B, temporarily rescinded

authority delegated to the Oneida Personnel Commission contained within the Oneida

Personnel Policies and Procedures as it pertained to the role of the Oneida Personnel

Commission as representatives of the community at large, the commissioners’

responsibility to serve on the Screening Committee, the Interview Committee, the

Personnel Screening Committee, and as the Grievance Hearing Body; and

WHEREAS,

resolution BC-03-06-01-B required that the hiring process of the Nation continue without

interruption under the auspices of the Human Resources Department, and that the Oneida

Appeal Commission be delegated the first level hearing body for employment related

actions as referenced in the Oneida Personnel Policies and Procedures; and

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BC Resolution _____________

Amending Resolution BC-09-26-18-F Rescission of the Dissolution of the Oneida Personnel Commission and Related

Emergency Amendments in Accordance with General Tribal Council’s August 27, 2018 Directive

Page 2 of 10

WHEREAS,

although the Oneida Personnel Commission served the Nation as a hearing body for

employee grievances since the early 1990s, except for the period when the Oneida

Personnel Commissions’ authority was temporarily rescinded, the Nation has been moving

towards consolidating all hearing responsibilities to the Oneida Nation Judiciary; and

WHEREAS,

the Oneida General Tribal Council adopted the Judiciary law as the next step in formalizing

the hearing authority of the Oneida Nation in an independent judicial body; and

WHEREAS,

the membership approved amendments to the Constitution which adopted Article V,

Judiciary, which established “a judiciary to exercise the judicial authority of the Oneida

Nation”; and

WHEREAS,

the Oneida General Tribal Council adopted resolution GTC-03-19-17-A which designated

the Oneida Judiciary as the judiciary authorized pursuant to Article V of the Constitution;

and

WHEREAS,

the Oneida Business Committee has presented reports, and the General Tribal Council

has accepted such reports, regarding the consolidation of administrative hearing and

judicial hearing responsibilities in the Judiciary for the purpose of increasing consistency in

hearing processes, efficiency, and reducing overall costs to the Nation; and

WHEREAS,

the Oneida Business Committee notified the Judiciary of its intention to consolidate all

judicial functions and the Judiciary identified that it is prepared to accept such

responsibilities; and

WHEREAS,

the Oneida Business Committee has adopted amendments to laws that transferred the

hearing authority of the Environmental Resources Board and the Land Commission to the

Judiciary; and

WHEREAS,

the Oneida Business Committee determined it was appropriate to begin consolidating

employment related grievance hearings into the Judiciary as the number of current cases

in the Oneida Personnel Commission was low and the costs of maintaining judicial hearing

authorities continues to increase; and

WHEREAS,

the Oneida Business Committee dissolved the Oneida Personnel Commission on April 11,

2018, through resolution BC-04-11-18-A in an effort to consolidate employment related

grievance hearings into the Judiciary; and

WHEREAS,

resolution BC-04-11-18-A required the Legislative Operating Committee to develop and

present emergency legislative amendments to fully address the impact of this resolution

by the April 25, 2018, Oneida Business Committee meeting for consideration of adoption;

and

WHEREAS,

resolution BC-04-11-18-A required that all personnel matters pending, scheduled, and for

which timelines were running were hereby tolled until the emergency amendments could

be brought forward by the Legislative Operating Committee regarding laws impacted by

the dissolution of the Oneida Personnel Commission, with the tolling of time interpreted

and applied in the best interests of the employee; and

WHEREAS,

although the Oneida Personnel Commission was dissolved, the Oneida Business

Committee recognized the valuable service the Personnel Selection Committee provided

in its original form before being expanded to include hearing authority; and

WHEREAS,

the Oneida Business Committee determined that the valuable service the Personnel

Selection Committee provided remained necessary in the hiring process, and therefore

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BC Resolution _____________

Amending Resolution BC-09-26-18-F Rescission of the Dissolution of the Oneida Personnel Commission and Related

Emergency Amendments in Accordance with General Tribal Council’s August 27, 2018 Directive

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recreating the Personnel Selection Committee was in the best interest of the Oneida

Nation; and

WHEREAS,

the Oneida Business Committee recreated the Personnel Selection Committee on April 11,

2018, through resolution BC-04-11-18-B; and

WHEREAS,

resolution BC-04-11-18-B provided that bylaws for the Personnel Selection Committee be

placed on the May 23, 2018 Oneida Business Committee meeting agenda, and that the

Human Resources Department consider not scheduling screening or interviews until the

Personnel Selection Committee is created and members are appointed, provided that, the

Human Resources Department may schedule screening and interviewing where it would

be unreasonable to delay or further delay that action; and

WHEREAS,

the Oneida Business Committee approved the Personnel Selection Committee bylaws on

May 23, 2018; and

WHEREAS,

the Oneida Business Committee adopted emergency amendments to the Military Service

Employee Protection Policy, the Oneida Personnel Policies and Procedures, the Oneida

Judiciary Rules of Civil Procedures, and the Employee Protection Policy on April 25, 2018,

through resolutions BC-04-25-18-D, BC-04-25-18-E, BC-04-25-18-F, and BC-04-25-18-G;

and

WHEREAS,

the emergency amendments to the above mentioned laws replaced any reference to the

Oneida Personnel Commission which referred to actions affecting employees involving

adverse employment actions for which a hearing is authorized with a reference to the

Judiciary – Trial Court, thereby transferring the hearing authority to the Judiciary – Trial

Court; and

WHEREAS,

the emergency amendments to the above mentioned laws replaced any reference to the

Oneida Personnel Commission which referred to actions involving hiring, including

screening and interviews, with a reference to the Personnel Selection Committee; and

WHEREAS,

the Oneida Business Committee determined emergency adoption of the amendments to

the Military Service Employee Protection Policy, the Oneida Personnel Policies and

Procedures, the Oneida Judiciary Rules of Civil Procedures, and the Employee Protection

Policy were necessary for the preservation of the public health, safety, or general welfare

of the reservation population as required by the Legislative Procedures Act in order to

ensure that the general welfare and due process rights of employees of the Nation were

preserved in absence of the Oneida Personnel Commission; and

WHEREAS,

the Oneida Business Committee adopted a plan for the process of transitioning cases from

the Oneida Personnel Commission to the Judiciary – Trial Court through resolution BC-0425-18-H;

WHEREAS,

resolution BC-04-25-18-H required that the Judiciary Trial Court utilize prior decisions of

the Oneida Personnel Commission as precedent in its hearing and decision-making

process, and that hearing procedures shall follow those set forth in the Oneida Judiciary

Rules of Civil Procedure, provided that, in circumstances where the Oneida Personnel

Policies and Procedures conflict with the Oneida Judiciary Rules of Civil Procedure, the

deadlines in the Oneida Personnel Policies and Procedures shall govern; and

WHEREAS,

resolution BC-04-25-18-H set forth a process to be used to transfer matters to the Judiciary

from the Oneida Personnel Commission including:

1. All active cases for which at least one hearing had been held was transferred to the

Judiciary Trial Court effective immediately.

Public Packet

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