# BC Meeting Materials January 13, 2016 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A62796c1f63609c70 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text BC Meeting Materials January 13, 2016 Open Session CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the following 389 pages are the Open Session meeting materials presented at a meeting duly called, noticed and held on the 13th day of JANUARY, 2016. ____________________________ Lisa Summers, Tribal Secretary Oneida Business Committee Page 1 of 380 Oneida Business Committee Executive Session 1:00 p.m. Monday, January 11, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 p.m. Wednesday, January 13, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Agenda To get a copy of the agenda, go to: http://oneida-nsn.gov/ I. CALL TO ORDER AND ROLL CALL II. OPENING III. ADOPT THE AGENDA IV. OATHS OF OFFICE A. V. VI. VII. Oneida Gaming Commission – Barbara Erickson MINUTES A. Approve December 18, 2015, special meeting minutes Sponsor: Lisa Summers, Tribal Secretary B. Approve December 23, 2015, regular meeting minutes Sponsor: Lisa Summers, Tribal Secretary RESOLUTIONS A. Adopt resolution titled Fee to Trust Application for property located at: N6600, 6900 Blk of HWY “55” and W1800, 2000 Blk Culbertson Rd. Sponsor: Patrick Pelky, Division Director/Division of Land Management B. Adopt resolution titled Oneida Code of Laws Reorganization Sponsor: Brandon Stevens, Councilman C. Adopt resolution titled Public Use of Tribal Land Law Permanent Amendments Sponsor: Brandon Stevens, Councilman APPOINTMENTS (No Requested Action) Oneida Business Committee Regular Meeting Agenda of January 13, 2016 Page 1 of 6 Page 2 of 380 VIII. STANDING COMMITTEES A. Legislative Operating Committee Sponsor: Councilman Brandon Stevens, Chair 1. Accept December 16, 2015, Legislative Operating Committee meeting minutes 2. Approve Audit Committee Bylaws B. Finance Committee Sponsor: Tribal Treasurer Trish King, Chair 1. Approve January 4, 2016, Finance Committee meeting minutes C. Community Development Planning Committee (No Requested Action) D. Quality of Life Committee Sponsor: Councilwoman Fawn Billie, Chair 1. Approve request to change official meeting time of Quality Life Committee from 8:00 a.m.10:00 a.m. to 8:30 a.m. - 10:30 a.m. IX. GENERAL TRIBAL COUNCIL A. Petitioner John E. Powless Jr.: Per Capita Payments Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to defer the legal and financial analyses to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM SEPTEMBER 9, 2015: Motion by Jennifer Webster to provide an additional 60 days for the legal analysis of Petitioner John E. Powless: Per capita payments, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM AUGUST 17, 2015: Motion by David Jordan to accept the legislative analysis for the regarding per capita payments submitted by petitioner John E. Powless Jr., seconded by Trish King. Motion carried unanimously. EXCERPT FROM AUGUST 12, 2015: Motion by Lisa Summers to adjourn at 2:06 p.m. and to direct the Tribal Secretary to coordinate Business Committee special meeting date for the remainder of this agenda, seconded by Brandon Stevens. Motion carried unanimously. EXCERPT FROM JUNE 24, 2015: Motion by David Jordan to acknowledge receipt of the verified petition submitted by John E. Powless, Jr.; to send the verified petition to the Law, Finance, Legislative Reference and Direct Report Offices for the legal, financial, legislative and administrative analyses to be completed; to direct the Law, Finance and Legislative Reference Offices to submit the analyses to the Tribal Secretary's office within sixty (60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to submit the appropriate administrative analyses to the Tribal Secretary's office within thirty (30) days, seconded by Tehassi Hill. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of January 13, 2016 Page 2 of 6 Page 3 of 380 B. Petitioner Nancy Barton: To open an Emergency Food Pantry Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM DECEMBER 23, 2015: Motion by Jennifer Webster to accept the progress report as information and to defer the legal and financial analyses to the February 24, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM OCTOBER 28, 2015: Motion by David Jordan to accept the verified petition submitted by Nancy Barton: To open an Emergency Food Pantry; to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative analyses to be completed; to direct the Law, Finance, and Legislative Reference Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to submit the appropriate administrative analyses to the Tribal Secretary’s Office within thirty (30) days, seconded by Fawn Billie. Motion carried unanimously. X. UNFINISHED BUSINESS A. Approve request to make Oneida Vendor List available to any enrolled Tribal member upon request and that it include name of entity and individual(s) who own and operate it Sponsor: Tina Danforth, Tribal Chairwoman EXCERPT FROM NOVEMBER 25, 2015: Motion by Lisa Summers to defer the request the Law Office for a legal opinion to be brought back in thirty (30) days, seconded by Jennifer Webster. Motion carried unanimously. B. Accept update regarding Tribal ID cards for Age Restricted Products Sponsor: Michele Doxtator, Area Manager/Retail Profits EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to defer this item to the January 13, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. XI. TABLED BUSINESS (No Requested Action) XII. NEW BUSINESS A. Approve limited waiver of sovereign immunity – Green Bay Metropolitan Sewerage DistrictSilver Creek Cost-Share Agreement – Contract # 2015-1190 Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety B. Approve request of support for Business Committee or Trust/Enrollment Committee to sign onto amici brief for Native case, Blackhorse et al v. Pro Football, Inc. Sponsor: Brandon Stevens, Councilman C. Retro-approve correspondence in opposition to WI Assembly Bill 620 Sponsor: Tina Danforth, Tribal Chairwoman D. Approve compliance updates regarding BC 401(k) Plan and the Public Safety Pension Plan along with their accompanying resolutions Sponsor: Larry Barton, Chief Financial Officer E. Approve request for procedural exception to the Time and Attendance Policy/SOP for creation of an Employee Exercise Pilot Program Sponsor: Fawn Billie, Councilwoman Oneida Business Committee Regular Meeting Agenda of January 13, 2016 Page 3 of 6 Page 4 of 380 XIII. F. Approve Joint Marketing Charter Sponsor: Trish King, Tribal Treasurer G. Approve request to co-host April 2016 U.S. Dept. of Health and Humans Services consultation Sponsor: Lisa Summers, Tribal Secretary H. Review GTC directive to consider budget modification of $125,000 from the CEO position line to the Elder Home Repair line in FY 2016 budget Sponsor: Tina Danforth, Tribal Chairwoman TRAVEL A. Travel Reports (No Requested Action) B. Travel Requests 1. Approve travel request – Chairwoman Tina Danforth – 2016 National Indian Gaming Association (NIGA) Legislative Summit – Washington D.C. – January 18-21, 2016 XIV. REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.) A. Operational Reports 1. Accept Emergency Management FY ’15 4th quarter report Sponsor: Kaylynn Gresham, Director/Emergency Management EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to adopt the agenda with the noted change [defer section XIV. Reports to the January 13, 2016, regular Business Committee meeting], seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to defer the Emergency Management FY ’15 4th quarter report to the December 23, 2015, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. 2. Accept Ombudsman FY ’15 4th quarter report Sponsor: Dianne McLester-Heim, Ombudsman EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to adopt the agenda with the noted change [defer section XIV. Reports to the January 13, 2016, regular Business Committee meeting], seconded by Jennifer Webster. Motion carried unanimously. 3. Accept Development Division FY ’16 1st quarter report Sponsor: Troy Parr, Assistant Division Director/Development; Bruce Danforth, Asst. Division Director/Development Operations; Scott Cottrell, Utilities Manager 4. Accept Environmental, Health, & Safety Division FY ’16 1st quarter report Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety 5. Accept Division of Land Management FY ’16 1st quarter report Sponsor: Patrick Pelky, Division Director/Land Management B. Corporate Reports (No Requested Action) Oneida Business Committee Regular Meeting Agenda of January 13, 2016 Page 4 of 6 Page 5 of 380 C. Boards, Committees, and Commissions 1. Accept Land Claims Commission FY ’15 4th quarter report – Amelia Cornelius, Chair Liaison: Brandon Stevens, Councilman EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to adopt the agenda with the noted change [defer section XIV. Reports to the January 13, 2016, regular Business Committee meeting], seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to defer the Land Claims Commission FY ’15 4th quarter report to the December 23, 2015, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM NOVEMBER 25, 2015: Motion by Lisa Summers to defer the Land Claims Commission FY ’15 4th quarter report to the December 9, 2015, regular Business Committee meeting and to have the Liaison follow-up with them to request somebody to be present, seconded by Brandon Stevens. Motion carried unanimously. 2. Defer Oneida Arts Board FY ’16 1st quarter report to the January 27, 2016, regular Business Committee meeting – Nic Reynolds, Chair Liaison: Jennifer Webster, Councilwoman 3. Accept Anna John Residential Centered Care Community Board FY ’16 1st quarter report – Kimberly Schultz, Chair (No Report Submitted) Liaison Alternate: Tina Danforth, Tribal Chairwoman XV. EXECUTIVE SESSION A. Reports 1. Accept Oneida Retail Enterprise FY ’15 4th quarter report – Michele Doxtator, Area Manager/Retail Profits EXCERPT FROM DECEMBER 23, 2015: Motion by Fawn Billie to defer the Oneida Retail Enterprise FY ’15 4th quarter report to the January 13, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried unanimously. 2. Accept Chief Counsel report – Jo Anne House, Chief Counsel B. Standing Items 1. Land Claims Strategy (No Requested Action) 2. Oneida Golf Enterprise – Ladies Professional Golf Association Liaison: Trish King, Tribal Treasurer EXCERPT FROM DECEMBER 23, 2015: Motion by Jennifer Webster to defer this item to the January 13, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried unanimously. C. Audit Committee (No Requested Action) Oneida Business Committee Regular Meeting Agenda of January 13, 2016 Page 5 of 6 Page 6 of 380 D. Unfinished Business 1. Reevaluate option to fill Organizational Development Specialist position Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM SEPTEMBER 23, 2015: Motion by David Jordan to approve Option 2A contained within the memorandum and to re-evaluate the option in ninety (90) days, seconded by Trish King. Motion carried unanimously. 2. Accept Hospice Advantage Recommendation (This item is scheduled at 1:45 p.m. on January 11, 2016) Sponsor: Jennifer Webster, Councilwoman EXCERPT FROM DECEMEBER 23, 2015: Motion by Jennifer Webster to defer this item to the January 13, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried with one abstention. EXCERPT FROM OCTOBER 28, 2015: Motion by Lisa Summers to accept the update and to request the additional information be brought back to the Business Committee in thirty (30) days, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM OCTOBER 14, 2015: Motion by Lisa Summers to defer this item to ViceChairwoman Melinda J. Danforth and Councilwoman Jennifer Webster, as the Liaisons, for followup and to bring back recommendations to the October 28, 2015, regular Business Committee, seconded by Trish King. Motion carried unanimously. 3. Defer response for Complaint # 2015-DR13-02 to the January 27, 2016, regular BC meeting Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to defer the draft response regarding Complaint # 2015-DR13-02 to the January 13, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept Complaint # 2015DR13-02 as information and to defer item to the Tribal Secretary’s Office to bring back a draft response for the December 23, 2015, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. E. New Business 1. Approve Chief Executive Officer Job Description, Request to Post form, and Recruitment Letter to be sent out nationwide to all heads-of-households on January 18, 2016 Sponsor: Lisa Summers, Tribal Secretary XVI. ADJOURN Posted on the Tribe’s official website, www.oneida-nsn.gov, at 12:00 p.m., on Friday, January 8, 2015, pursuant to the Open Records and Open Meetings Law, section 7.17-1. For additional information, please call the Business Committee Support Office at (920) 869-4364. The meeting packet of the open session materials for this meeting is available to Tribal members by going to the Members-Only section of the Tribe’s official website at: www.oneida-nsn.gov/MembersOnly For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214. Oneida Business Committee Regular Meeting Agenda of January 13, 2016 Page 6 of 6 Page 7 of 380 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 1 / 5 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office to Barbara Erickson to the Oneida Gaming Commission. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor: Kathleen M. Metoxen, Executive Tribal Clerk Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Page 8 of 380 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The posting was in the October 1, 2015 issue of the Kalihwisaks for (1) vacancy on the Oneida Gaming Commission to finish the term until August 22, 2017 with the deadline of November 6, 2015. There were (7) applicants for the (1) vacancy on the Oneida Gaming Commission. The appointment was made on the December 23, 2015 BC Agenda. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Page 9 of 380    /  /                                     Page 10 of 380 DRAFT Oneida Business Committee Special Meeting 1:30 p.m. Friday, December 18, 2015 BC Conference Room, 2nd floor, Norbert Hill Center Minutes – DRAFT SPECIAL MEETING Present: Chairwoman Tina Danforth, Treasurer Trish King, Council members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster; Not Present: Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers; Arrived at: ; Others present: Jo Anne House, Larry Barton, RaLinda Ninham-Lamberies, Ryan Hirsch, Louise Cornelius, Cory Topp, Keith Stoneburner, Lee Thomas, Jennifer Anderson, Chad Fuss, Matt Denny, Loucinda Conway, Misty Jordan, Tammy Vanschyndel; I. CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 1:30 p.m. For the record: Vice-Chairwoman Melinda J. Danforth is on maternity leave until February. Secretary Lisa Summers is on vacation. II. OPENING by Councilman Tehassi Hill III. ADOPT THE AGENDA Motion by Fawn Billie to adopt the agenda, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Lisa Summers IV. EXECUTIVE SESSION Motion by Trish King to go into executive session at 1:38 p.m., seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Lisa Summers Oneida Business Committee Special Meeting Minutes DRAFT of December 18, 2015 Page 1 of 2 Page 11 of 380 DRAFT Motion by Trish King to come out of executive session at 2:44 p.m., seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Lisa Summers A. Audit Committee Sponsor: Tehassi Hill, Councilman 1. Approve Audit Committee’s presentation materials for January 4, 2016, Annual General Tribal Council Meeting Motion by Brandon Stevens to approve the Audit Committee’s presentation materials for the January 4, 2016, Annual General Tribal Council Meeting, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Lisa Summers 2. Approve 2015 Year-End audited financial statements presented by RSM, US auditors Motion by Brandon Stevens to approve the 2015 Year-End audited financial statements presented by RSM, US auditors and for the edits to be provided by the end of the year, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Lisa Summers V. ADJOURN Motion by Fawn Billie to adjourn at 2:45 p.m., seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, Lisa Summers Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented/corrected on . _________________________________ Lisa Summers, Tribal Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Special Meeting Minutes DRAFT of December 18, 2015 Page 2 of 2 Page 12 of 380    /  /                                     Page 13 of 380 DRAFT Oneida Business Committee Executive Session 9:00 a.m. Tuesday, December 22, 2015 BC Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 1:00 p.m. Wednesday, December 23, 2015 BC Conference Room, 2nd floor, Norbert Hill Center Minutes - DRAFT EXECUTIVE SESSION Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster; Not Present: Vice-Chairwoman Melinda J. Danforth; Arrived at: ; Others present: Jo Anne House, Larry Barton, Tonya Webster; REGULAR MEETING Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members: Fawn Billie, Jennifer Webster; Not Present: Vice-Chairwoman Melinda J. Danforth, Councilman David Jordan; Arrived at: Council members: Tehassi Hill and Brandon Stevens at 1:15 p.m.; Others present: Jo Anne House, Heather Heuer, Bill Graham, Brad Graham, Michele Doxtator, Lisa Liggins, Kathy Metoxen, Larry Barton, Angela Parks, Danelle Wilson, Maureen Perkins, Chris Johnson, Pat Pelky, Doug McIntyre, Lisa Moore, Mike Debraska, Dawn MoonKopetsky, Laura Manthe, Gene Schubert, Leyne Orosco, Troy Parr, Rhiannon Metoxen, Cathy Metoxen, RaLinda Ninham-Lamberies, Gerry Cornelius, Cheryl Skolaski, Owen Somers, Loretta Metoxen, Matt Denny, Marlene Garvey; I. CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 1:07 p.m. For the record: II. Vice-Chairwoman Melinda J. Danforth is on maternity leave until February. Councilman David Jordan is taking personal time. OPENING (00:02:35) by Chairwoman Tina Danforth A. Presentation of the United States flag flown in Southwest Asia in honor of the Oneida Tribe of Indians of Wisconsin Sponsor: Jennifer Webster, Councilwoman Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 1 of 19 Page 14 of 380 III. DRAFT ADOPT THE AGENDA (00:02:09) Motion by Lisa Summers to adopt the agenda with the noted change [defer section XIV. Reports to the January 13, 2016, regular Business Committee meeting], seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Trish King, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens Councilman Tehassi Hill and Councilman Brandon Stevens arrive at 1:15 p.m. IV. OATHS OF OFFICE (00:08:20) administered by Secretary Lisa Summers A. Oneida Nation Veterans Affairs Committee – Gerald Cornelius V. MINUTES (00:10:27) A. Approve December 9, 2015, regular meeting minutes Sponsor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to approve the December 9, 2015, regular meeting minutes, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan VI. RESOLUTIONS (00:10:54) A. Adopt resolution titled CY 2016 County Tribal Law Enforcement – Brown County Sponsor: Lisa Summers, Tribal Secretary Motion by Lisa Summers to adopt resolution 12-23-15-A CY 2016 County Tribal Law Enforcement – Brown County, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 2 of 19 Page 15 of 380 DRAFT B. Adopt resolution titled CY 2016 County Tribal Law Enforcement – Outagamie County Sponsor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to adopt resolution 12-23-15-B CY 2016 County Tribal Law Enforcement – Outagamie County, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan VII. APPOINTMENTS (2:54:00) A. Review applications for Oneida Gaming Commission vacancy and determine appropriate appointment Sponsor: Lisa Summers, Tribal Secretary Motion by Lisa Summers to put the appointment to the Oneida Gaming Commission into open session, but not the back-up materials, seconded by Jennifer Webster. Motion carried with two abstentions: Ayes: Fawn Billie, Trish King, Lisa Summers, Jennifer Webster Abstained: Tehassi Hill, Brandon Stevens Not Present: Melinda J. Danforth, David Jordan Motion by Jennifer Webster to recommend Barbara Erikson to be appointed to the Oneida Gaming Commission, seconded by Lisa Summers. Motion carried with two abstentions: Ayes: Fawn Billie, Trish King, Lisa Summers, Jennifer Webster Abstained: Tehassi Hill, Brandon Stevens Not Present: Melinda J. Danforth, David Jordan VIII. STANDING COMMITTEES (00:12:40) A. Legislative Operating Committee Sponsor: Councilman Brandon Stevens, Chair 1. Accept December 2, 2015, Legislative Operating Committee meeting minutes Motion by Brandon Stevens to accept the December 2, 2015, Legislative Operating Committee meeting minutes, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 3 of 19 Page 16 of 380 DRAFT 2. Accept Legislative Operating Committee FY ’15 4th quarter report Motion by Brandon Stevens to accept the Legislative Operating Committee FY ’15 4th quarter report, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan B. Finance Committee Sponsor: Tribal Treasurer Trish King, Chair 1. Approve December 14, 2015, Finance Committee meeting minutes Motion by Trish King to approve the December 14, 2015, Finance Committee meeting minutes, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan 2. Accept Finance Committee FY ’15 4th quarter report Motion by Jennifer Webster to accept the Finance Committee FY ’15 4th quarter report, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan C. Community Development Planning Committee Sponsor: Councilman Tehassi Hill, Vice-Chair 1. Accept Community Development Planning Committee FY ’15 4th quarter report (No Report Submitted) Councilman Tehassi Hill departs 1:44 p.m. D. Quality of Life Committee Sponsor: Councilwoman Fawn Billie, Chair 1. Accept November 12, 2015, Quality of Life Committee meeting minutes Motion by Lisa Summers to accept the November 12, 2015, Quality of Life Committee meeting minutes, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill, David Jordan Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 4 of 19 Page 17 of 380 DRAFT 2. Accept Quality of Life Committee FY ’15 4th quarter report Motion by Jennifer Webster to accept the Quality of Life Committee FY ’15 4th quarter report, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, Tehassi Hill, David Jordan Councilman Tehassi Hill returns at 1:46 p.m. IX. GENERAL TRIBAL COUNCIL (00:39:28) A. Petitioner Frank Cornelius: Special GTC meeting to address four resolutions 1) Audit of Oneida Seven Generations Corporation 2) Oneida Seven Generations Corporation Return Money to Tribe 3) Freedom of the Press 4) Tax Oneida Business Committee for Failure to Dissolve Oneida Seven Generations Corporation Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM DECEMBER 9, 2015: (1) Motion by Lisa Summers to accept the fiscal analyses of the four (4) resolutions, seconded by Brandon Stevens. Motion carried unanimously. (2) Motion by Lisa Summers to defer the legal analyses of the four (4) resolutions to the December 23, 2015, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM NOVEMBER 25, 2015: Motion by Lisa Summers to defer the fiscal analyses to the December 9, 2015, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried with one abstention. EXCERPT FROM SEPTEMBER 9, 2015: (1) Motion by Jennifer Webster to accept the update from Chief Counsel regarding legal analyses of resolutions 1-4, seconded by Brandon Stevens. Motion carried unanimously. (2) Amendment to the main motion by Melinda J. Danforth to provide a new due date of November 25, 2015, for the legal and financial analyses of resolutions 1-4, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM AUGUST 26, 2015: Motion by David Jordan to accept the legislative analyses for resolution 1-4, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM AUGUST 17, 2015: (1) Motion by Lisa Summers to take this item from the table, seconded by David Jordan. Motion carried unanimously. (2) Motion by Jennifer Webster to forward the four resolutions to the Legislative, Law, Finance Offices for the appropriate analyses and for those analyses to be due at the September 9, 2015, regular Business Committee meeting, seconded by Lisa Summers. Motion carried unanimously. (3) Motion by Lisa Summers to request the Law Office provide a legal opinion about what occurs when a petition is submitted which does not have all the appropriate documentation that would go with the petition, seconded by Tehassi Hill. Motion carried with one abstention. Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 5 of 19 Page 18 of 380 DRAFT EXCERPT FROM AUGUST 12, 2015: Motion by Lisa Summers to adjourn at 2:06 p.m. and to direct the Tribal Secretary to coordinate Business Committee special meeting date for the remainder of this agenda, seconded by Brandon Stevens. Motion carried unanimously. EXCERPT FROM JULY 22, 2015: Motion by Brandon Stevens to table this item to next regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM JULY 8, 2015: Motion by Tehassi Hill to accept the update as information and defer this item to the July 22, 2015, regular Business Committee meeting as agreed upon by the Business Committee members and the petitioner, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM JUNE 24, 2015: Motion by Fawn Billie to defer this item to the next regular Business Committee meeting and direct the Secretary to work with the petitioner to find a solution to the concerns, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM MAY 27, 2015: Motion by David Jordan to direct the Secretary to reach out to Petitioner Frank Cornelius to request the four (4) resolutions mentioned in the petition be submitted in thirty (30) days, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM MAY 13, 2015: (1) Motion by Trish King to acknowledge receipt of the petition submitted by Frank Cornelius, seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Trish King to send the verified petition to the Law, Finance, Legislative Reference and Direct Report Offices for legal, financial, legislative and administrative analyses to be completed; to direct the Law, Finance and Legislative Offices to submit the analyses to the Secretary within sixty (60) days and a that a progress report is submitted in forty-five (45) days, seconded by David Jordan. Motion carried unanimously. (3) Motion by David Jordan to direct the Direct Report Offices to submit the appropriate administrative analyses to the Secretary within thirty (30) days, seconded by Trish King. Motion carried unanimously. Motion by Jennifer Webster to accept the legal update as information, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan B. Petitioner John E. Powless Jr: Per capita payments Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM SEPTEMBER 9, 2015: Motion by Jennifer Webster to provide an additional sixty (60) days for the Law and Finance Offices to submit the appropriate analyses, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM AUGUST 17, 2015: Motion by David Jordan to accept the legislative analysis for the per capita payments submitted by petitioner John E. Powless Jr., seconded by Trish King. Motion carried unanimously. EXCERPT FROM AUGUST 12, 2015: Motion by Lisa Summers to adjourn at 2:06 p.m. and to direct the Tribal Secretary to coordinate Business Committee special Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 6 of 19 Page 19 of 380 DRAFT meeting date for the remainder of this agenda, seconded by Brandon Stevens. Motion carried unanimously. EXCERPT FROM JUNE 24, 2015: Motion by David Jordan to acknowledge receipt of the verified petition submitted by John E. Powless, Jr.; to send the verified petition to the Law, Finance, Legislative Reference and Direct Report Offices for the legal, financial, legislative and administrative analyses to be completed; to direct the Law, Finance and Legislative Reference Offices to submit the analyses to the Tribal Secretary's office within sixty (60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to submit the appropriate administrative analyses to the Tribal Secretary's office within thirty (30) days, seconded by Tehassi Hill. Motion carried unanimously. Motion by Lisa Summers to defer the legal and financial analyses to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan C. Petitioner Nancy Barton: To open an Emergency Food Pantry Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM OCTOBER 28, 2015: Motion by David Jordan to accept the verified petition submitted by Nancy Barton: To open an Emergency Food Pantry; to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative analyses to be completed; to direct the Law, Finance, and Legislative Reference Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to submit the appropriate administrative analyses to the Tribal Secretary’s Office within thirty (30) days, seconded by Fawn Billie. Motion carried unanimously. Motion by Jennifer Webster to accept the progress report as information and to defer the legal and financial analyses to the February 24, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 7 of 19 Page 20 of 380 X. DRAFT UNFINISHED BUSINESS (1:52:14) A. Approve the finalized Plan of Action related to Rules of Decorum Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to request the Internal Security Department provide a Plan of Action related to Rules of Decorum and their enforcement and for the Plan of Action to be presented to the Business Committee on December 22, 2015, for input and feedback, seconded by Jennifer Webster. Motion carried unanimously. Motion by Lisa Summers to have this item be considered in open session, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Councilman Tehassi Hill departs at 3:01 p.m. Councilman Brandon Stevens departs at 3:05 p.m. Councilman Tehassi Hill returns at 3:07 p.m. Councilman Brandon Stevens returns at 3:07 p.m. Motion by Lisa Summers to accept the Internal Security Department’s recommendations provided as information, noting that the Chair will select the Sergeant-at-Arms if approved by General Tribal Council, seconded by Jennifer Webster. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster Abstained: Brandon Stevens Not Present: Melinda J. Danforth, David Jordan XI. TABLED BUSINESS (No Requested Action) XII. NEW BUSINESS (00:51:21) A. Accept update regarding Tribal ID cards for Age Restricted Products Sponsor: Michele Doxtator, Area Manager/Retail Profits Motion by Lisa Summers to defer this item to the January 13, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 8 of 19 Page 21 of 380 DRAFT B. Approve request to post one (1) vacancy on the Oneida Personnel Commission and for term to be carried out until March 28, 2017 Sponsor: Lisa Summers, Tribal Secretary Motion by Fawn Billie to approve the request to post one (1) vacancy on the Oneida Personnel Commission and for term to be carried out until March 28, 2017, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan C. Accept recommendations from the Legislative Operating Committee regarding the Cemetery Action Plan Sponsor: Brandon Stevens, Councilman Motion by Lisa Summers to accept the Cemetery Action Plan update dated December 3, 2015, and to request the Legislative Operating Committee revisit this item once the study is completed, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Treasurer Trish King departs at 2:26 p.m. Treasurer Trish King returns at 2:31 p.m. D. Approve request from Environmental Resource Board to lift the moratorium to allow access to Where the Waterbirds Nest Sponsor: Tehassi Hill, Councilman Motion by Jennifer Webster to approve the request from the Environmental Resource Board to lift the moratorium to allow access to Where the Waterbirds Nest and to restrict access on Adam Drive only, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Motion by Lisa Summers to defer this item to the Environmental Resource Board and Environmental Health and Safety Department to bring back a plan on how to buffer the area between the cemetery and the road as information to the Business Committee in thirty (30) days in order to reconsider the request, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 9 of 19 Page 22 of 380 XIII. DRAFT TRAVEL (No Requested Action) A. Travel Reports B. Travel Requests XIV. REPORTS A. Operational Reports 1. Accept Emergency Management FY ’15 4th quarter report – Kaylynn Gresham, Director/Emergency Management EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to defer the Emergency Management FY ’15 4th quarter report to the December 23, 2015, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. Item deferred to the January 13, 2016, regular Business Committee at adoption of the agenda. 2. Accept Ombudsman FY ’15 4th quarter report – Dianne McLester-Heim, Ombudsman Item deferred to the January 13, 2016, regular Business Committee at adoption of the agenda. B. Corporate Reports (No Requested Action) C. Boards, Committees, and Commissions 1. Accept Land Claims Commission FY ’15 4th quarter report – Amelia Cornelius, Chair Liaison: Brandon Stevens, Councilman EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to defer the Land Claims Commission FY ’15 4th quarter report to the December 23, 2015, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM NOVEMBER 25, 2015: Motion by Lisa Summers to defer the Land Claims Commission FY ’15 4th quarter report to the December 9, 2015, regular Business Committee meeting and to have the Liaison follow-up with them to request somebody to be present, seconded by Brandon Stevens. Motion carried unanimously. Item deferred to the January 13, 2016, regular Business Committee at adoption of the agenda. Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 10 of 19 Page 23 of 380 XV. EXECUTIVE SESSION (1:37:26) DRAFT A. Reports 1. Accept Oneida Retail Enterprise FY ’15 4th quarter report – Michele Doxtator, Area Manager/Retail Profits Motion by Fawn Billie to defer the Oneida Retail Enterprise FY ’15 4th quarter report to the January 13, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan 2. Accept Chief Counsel report – Jo Anne House, Chief Counsel Motion by Jennifer Webster to accept the Chief Counsel report and to enter the E-poll results into the record for the approval of authorizing the Oneida Tribe of Indians of Wisconsin to participate in the amicus brief for the Nebraska v. Parker Appeal, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan 3. Accept Chief Financial Officer report – Larry Barton, Chief Financial Officer Motion by Lisa Summers to accept the Chief Financial Officer report for December 22, 2015, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan 4. Accept Intergovernmental Affairs and Communication report – Nathan King, Director/Intergovernmental Affairs and Communication Motion by Lisa Summers to accept the Intergovernmental Affairs and Communication report for December 22, 2015, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Motion by Lisa Summers to approve the 1915 (c) Tribal Waiver Option White Paper, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 11 of 19 Page 24 of 380 B. Standing Items DRAFT 1. Land Claims Strategy (No Requested Action) 2. Oneida Golf Enterprise – Ladies Professional Golf Association Motion by Jennifer Webster to defer this item to the January 13, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan C. Audit Committee Sponsor: Councilman Tehassi Hill, Chair 1. Accept November 12, 2015, Audit Committee meeting minutes Motion by Jennifer Webster to accept the November 12, 2015, Audit Committee meeting minutes, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan 2. Approve Cage/Vault Compliance audit and lift confidentiality requirement to allow Tribal Members to view the audit Motion by Lisa Summers to approve the Cage/Vault Compliance audit and to lift confidentiality requirement to allow Tribal Members to view the audit, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan 3. Approve Player Tracking Compliance audit and lift confidentiality requirement to allow Tribal Members to view the audit Motion by Fawn Billie to approve the Player Tracking Compliance audit and to lift confidentiality requirement to allow Tribal Members to view the audit, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Secretary Lisa Summers departs at 2:49 p.m. Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 12 of 19 Page 25 of 380 DRAFT 4. Approve Card Games & Poker Rules of Play audit and lift confidentiality requirement to allow Tribal Members to view the audit Motion by Jennifer Webster to approve the Card Games & Poker Rules of Play audit and to lift confidentiality requirement to allow Tribal Members to view the audit, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 5. Approve Craps Rules of Play audit and lift confidentiality requirement to allow Tribal Members to view the audit Motion by Jennifer Webster to approve the Craps Rules of Play audit and to lift confidentiality requirement to allow Tribal Members to view the audit, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 6. Approve Blackjack Rules of Play audit and lift confidentiality requirement to allow Tribal Members to view the audit Motion by Jennifer Webster to approve the Blackjack Rules of Play audit and to lift confidentiality requirement to allow Tribal Members to view the audit, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 7. Approve Ultimate Texas Hold’em Rules of Play audit and lift confidentiality requirement to allow Tribal Members to view the audit Motion by Fawn Billie to approve the Ultimate Texas Hold’em Rules of Play audit and to lift confidentiality requirement to allow Tribal Members to view the audit, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 13 of 19 Page 26 of 380 DRAFT 8. Approve Drop & Count Compliance audit and lift confidentiality requirement to allow Tribal Members to view the audit Motion by Jennifer Webster to approve the Drop & Count Compliance audit and to lift confidentiality requirement to allow Tribal Members to view the audit, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers 9. Approve Bingo Compliance audit and lift confidentiality requirement to allow Tribal Members to view the audit Motion by Jennifer Webster to approve the Bingo Compliance audit and to lift confidentiality requirement to allow Tribal Members to view the audit, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan, Lisa Summers Secretary Lisa Summers returns at 2:52 p.m. 10. Approve Complimentary Items & Services audit and lift confidentiality requirement to allow Tribal Members to view the audit Motion by Jennifer Webster to approve the Complimentary Items & Services audit and to lift confidentiality requirement to allow Tribal Members to view the audit, seconded by Tehassi Hill. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster Abstained: Lisa Summers Not Present: Melinda J. Danforth, David Jordan 11. Approve Pari-mutuel Wagering audit and lift confidentiality requirement to allow Tribal Members to view the audit Motion by Lisa Summers to approve the Pari-mutuel Wagering audit and to lift confidentiality requirement to allow Tribal Members to view the audit, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 14 of 19 Page 27 of 380 D. Unfinished Business DRAFT 1. Accept Update regarding Complaint # 2015-DR13-01 Sponsor: Fawn Billie, Councilwoman EXCERPT FROM NOVEMBER 25, 2015: Motion by David Jordan to approve the extension request for complaint # 2015-DR13-01 to the December 22, 2015, executive session Business Committee meeting, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM SEPTEMBER 23, 2015: (1) Motion by Lisa Summers to take this item from the table, seconded by Fawn Billie. Motion carried unanimously. (2) Motion by David Jordan to assign Councilwoman Jennifer Webster, Councilwoman Fawn Billie, and Councilman Tehassi Hill to investigate complaint # 2015-DR13-01, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM SEPTEMBER 9, 2015: Motion by Lisa Summers to table this item, seconded by Brandon Stevens. Motion carried unanimously. Motion by Jennifer Webster to accept the recommendations provided by the team and to defer item to Officers for follow-through, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan 2. Defer Hospice Advantage Update for twenty-one (21) days Sponsor: Jennifer Webster, Councilwoman EXCERPT FROM OCTOBER 28, 2015: Motion by Lisa Summers to accept the update and to request the additional information be brought back to the Business Committee in thirty (30) days, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM OCTOBER 14, 2015: Motion by Lisa Summers to defer this item to Vice-Chairwoman Melinda J. Danforth and Councilwoman Jennifer Webster, as the Liaisons, for follow-up and to bring back recommendations to the October 28, 2015, regular Business Committee, seconded by Trish King. Motion carried unanimously. Motion by Jennifer Webster to defer this item to the January 13, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster Abstained: Brandon Stevens Not Present: Melinda J. Danforth, David Jordan Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 15 of 19 Page 28 of 380 DRAFT 3. Defer Finance Committee recommendation regarding Native Diversification Network – Procurement Technical Assistance Center (NDN-PTAC) donation request from Minnesota American Indian Chamber of Commerce for sixty (60) days Sponsor: David Jordan, Councilman EXCERPT FROM NOVEMBER 25, 2015: (1) Motion by Lisa Summers to accept the request for support and to defer item to the Finance Committee to review the request; to identify funding source; and to bring back a final recommendation for the December 23, 2015, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to defer this item to a four (4) member Business Committee team to work with the presenters on other opportunities NDN-PTAC may be able to provide for the Tribe, seconded by Jennifer Webster. Motion carried unanimously. Motion by Jennifer Webster to defer this item to the February 24, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan 4. Review update regarding September Treasurer’s Report (Preliminary Revised) Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept the recommendations and to defer this item to the December 22, 2015, executive session Business Committee meeting, with a new deadline for material submission of December 15, 2015, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM NOVEMBER 25, 2015: Motion by Lisa Summers to request the Direct Reports submit a written explanation for any positive or negative variance of $100,000 or more to be due December 2, 2015 for the December 9, 2015, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. Motion by Lisa Summers to accept the preliminary information and to require the Direct Reports be scheduled with the Business Committee in the month of January to provide additional information on the variances, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 16 of 19 Page 29 of 380 DRAFT Motion by Lisa Summers to request the Tribal Secretary’s Office to schedule the appointments appropriately, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Councilwoman Jennifer Webster departs at 3:47 p.m. 5. Defer draft response regarding Complaint # 2015-DR13-02 to the January 13, 2016, regular Business Committee meeting Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept complaint # 2015-DR13-02 as information and to defer item to the Tribal Secretary’s Office to bring back a draft response for the December 23, 2015, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. Motion by Lisa Summers to defer the draft response regarding Complaint # 2015-DR13-02 to the January 13, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, David Jordan, Jennifer Webster 6. Accept recommendations for follow-up to Complaint # 2015-CC-13 Sponsor: Trish King, Tribal Treasurer EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept complaint # 2015-CC-13 and to assign Councilwoman Fawn Billie, Councilman Tehassi Hill, and Treasurer Trish King for follow-up, seconded by David Jordan. Motion carried unanimously. Motion by Tehassi Hill to accept the recommendations for Complaint # 2015-CC-13 and to request a report be brought back to the January 27, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, David Jordan, Jennifer Webster Councilwoman Jennifer Webster returns at 3:52 p.m. Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 17 of 19 Page 30 of 380 DRAFT 7. Review update regarding Complaint # 2015-CC-08 Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM SEPTEMBER 23, 2015: Motion by Lisa Summers to accept the verbal update as information, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM SEPTEMBER 9, 2015: David Jordan to accept the request and to assign Secretary Lisa Summers and Councilman David Jordan to conduct follow-up, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM AUGUST 26, 2015: Motion by Lisa Summers to defer concern # 2015-CC-08 to the September 9, 2015, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. Motion by Lisa Summers to accept as information and to defer this item to the Legislative Operating Committee for implementation. Motion failed for lack of support. Motion by Trish King to accept the updates as information and to request the recommendation of the tribal e-mails for the Boards, Committees, and Commissions be included in the amendments to the Comprehensive Policy Governing Boards, Committees, and Commissions to the Legislative Operating Committee, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan E. New Business 1. Review request regarding Powwow Committee Contract Sponsor: Fawn Billie, Councilwoman Motion by Fawn Billie to accept as FYI, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan 2. Approve request to release information regarding Kellogg Grant to Tribal Member Sponsor: Tina Danforth, Tribal Chairwoman Motion by Brandon Stevens to defer to the Tribal Secretary’s Office for follow-up, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 18 of 19 Page 31 of 380 DRAFT 3. Consider payment of Incentive Pay for November 2015 Sponsor: Lisa Summers, Tribal Secretary Motion by Lisa Summers to accept the request as information and to deny the request, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan XVI. ADJOURN Motion by Lisa Summers to adjourn at 4:05 p.m., seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Melinda J. Danforth, David Jordan Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented/corrected on ____________. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015 Page 19 of 19 Page 32 of 380 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 1 / 13 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Resolutions Accept as Information only Action - please describe: BC action is needed to approve a resolution for a fee to trust application 3. Supporting Materials Report Resolution Contract Other: 1. resolution 3. map depicting location of property 2. warranty deed 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Patrick Pelky, Division Director/DOLM Primary Requestor/Submitter: Lauren N. Hartman, Realty Specialist Coordinator/DOLM Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Page 33 of 380 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: MEMORANDUM TO: Oneida Business Committee FROM: Land Division – Lauren Hartman DATE: December 18, 2015 RE: Approve fee-to-trust application Purpose: Business Committee action is needed to approve a fee-to-trust application. Requested action: 1. To approve the fee-to-trust resolution Fee To Trust Application Property Address: N6600, 6900 Blk of HWY “55” and W1800, 2000 Blk Culbertson Rd., Oneida 2. To approve the fee-to-trust warranty deed for Property Address: N6600, 6900 Blk of HWY “55” and W1800, 2000 Blk Culbertson Rd., Oneida 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Page 34 of 380 RESOLUTION # __-__-__ Fee to Trust Application for property located at: N6600, 6900 Blk of HWY “55” and W1800, 2000 Blk Culbertson Rd. WHEREAS, the Oneida Tribe of Indians of Wisconsin is a federally recognized Indian government and a treaty Tribe organized under the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Tribe of Indians of Wisconsin; and WHEREAS, the Oneida General Tribal Council has delegated the authorities of Article IV, Section I of the Oneida Tribal Constitution to the Oneida Business Committee; and WHEREAS, the Oneida Tribe has acquired in fee status property located at N6600, 6900 Blk of HWY “55” and W1800, 2000 Blk Culbertson Rd. with the following tax parcel numbers: 17-0-0743-00, 17-0-0746-00, 17-0-0749-00, 17-0-0818-00, 17-0-0817-00, 17-0-0810-00, 17-0-0809-00, 17-0-0822-00, 17-0-0827-00, 17-0-0825-00, 17-0-0824-00, 17-0-0812-00, 17-0-0831-00, 17-0-0832-00, 17-0-0734-00, 17-0-0729-00, 17-0-0730-00, 17-0-0731-00, 17-0-0745-01; and WHEREAS, the parcel is described as follows: Legal Description: See Attached. Tax Parcel Numbers: 17-0-0743-00, 17-0-0746-00, 17-0-0749-00, 17-0-0818-00, 17-0-0817-00, 17-0-0810-00, 17-0-0809-00, 17-0-0822-00, 17-0-0827-00, 17-0-0825-00, 17-0-0824-00, 17-0-0812-00, 17-0-0831-00, 17-0-0832-00, 17-0-0734-00, 17-0-0729-00, 17-0-0730-00, 17-0-0731-00, 17-0-0745-01 WHEREAS, the above described parcel is requested in Trust Status to expand the Oneida Tribal land base and provide existing agricultural land use and will not be used for gaming purposes, and WHEREAS, the Oneida Business Committee certifies that the local property taxes will be paid up to trust placement, Page 35 of 380 NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby requests that the United States Bureau of Indian Affairs initiate and carry out the process required to place the above parcels in trust for the Oneida Tribe of Indians of Wisconsin CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida Business Committee is composed of 9 members of whom 5 members constitute a quorum. members were present at a meeting duly called, noticed and held on the day of , 20__; that the foregoing resolution was duly adopted at such meeting by a vote of members for; members against, and members not voting; and that said resolution has not been rescinded or amended in any way. Lisa Summers, Tribal Secretary Oneida Business Committee Page 36 of 380 WARRANTY DEED Document Number This Deed, made between the Oneida Tribe of Indians of Wisconsin, Grantor, and the United States of America in Trust for the Oneida Tribe of Indians of Wisconsin, Grantee. Grantor, for a valuable consideration, conveys and warrants to Grantee the following described real estate in Outagamie County, State of Wisconsin: Recording Area (See attached legal description for property located at N6600, 6900 Blk of HWY “55” and W1800, 2000 Blk Culbertson Rd. ) This conveyance is made pursuant to the Indian Reorganization Act of 1934 (48 Stat. 984) This property is not subject to ILHR 67 Rental Weatherization Standards per Exclusion Code W-3. Grantor warrants that the title to the real estate is good, indefeasible in fee simple and free and clear of encumbrances subject to highway rights of way and easements of record. Dated this day of , 20__. Name and Return Address: Oneida Tribe of Indians of Wisconsin Land Management Division Director 470 Airport Dr. Oneida, WI. 54155-0365 17-0-0743-00, 17-0-0746-00, 17-0-0749-00, 17-0-0818-00, 17-0-0817-00, 17-0-0810-00, 17-0-0809-00, 17-0-0822-00, 17-0-0827-00, 17-0-0825-00, 17-0-0824-00, 17-0-0812-00, 17-0-0831-00, 17-0-0832-00, 17-0-0734-00, 17-0-0729-00, 17-0-0730-00, 17-0-0731-00, 17-0-0745-01 Parcel Identification Number (PIN) * Cristina S. Danforth, Oneida Tribal Chairwoman * Lisa Summers, Oneida Tribal Secretary * Midwest Regional Director ACKNOWLEDGMENT STATE OF WISCONSIN ) ) ss. County of ______________ ) Approved in accordance with authority delegated at 209 DM 8, 230 DM 1,3 IAM 4 Personally came before me this _____ day of __________, ______ the above named Cristina S. Danforth and Lisa Summers to me known to be the person(s) who executed the foregoing instrument and acknowledged the same. * Notary Public, State of Wisconsin. My Commission is permanent. (If not, state expiration date: _________________, ______) THIS INSTRUMENT WAS DRAFTED BY: Rebecca M. Webster, Staff Attorney United States Department of the Interior Bureau of Indian Affairs Midwest Regional Office One Federal Drive, Room 550 Fort Snelling, MN 55111 Page 37 of 380 Legal Description for property located at N6600, 6900 Blk of HWY “55” and W1800, 2000 Blk Culbertson Rd. A parcel of land being all of Government Lot 12, part of Government Lot “A” and part of the Southwest ¼ of the Southwest ¼, all in Section 2, Township 23 North, Range 18 East of the Fourth Principal Meridian, Town of Oneida, Outagamie County, Wisconsin, bounded and described as follows: Commencing at the Southwest corner of said Section 2; thence N88°34’11”E, 50.01 feet along the South line of the Southwest ¼ of Section 2 to an East right-of-way line of S.T.H. “55” and the point of beginning; thence N00°29’00”W, 1017.15 feet along said East right-of-way line to the South line of lands described in Document No. 1612232; thence N88°27’43”E, 145.19 feet along said South line to the East line of said described lands; thence N00°29’00”W, 300.00 feet along said East line to the North line of the Southwest ¼ of the Southwest ¼ of Section 2; thence N88°27’43”E, 1122.12 feet along said North line to the West line of Government Lot 12 of Section 2; thence N00°39’44”W, 859.45 feet along said West line to the North line of said Government Lot 12; thence N88°24’54”E, 1302.67 feet along said North line to the East line of said Government Lot 12; thence S00°05’28”E, 860.69 feet along said East line to the North line of Government Lot 15 of Section 2; thence S88°27’43”W, 597.37 feet along said North line to the West line of Government Lot 15 as evidenced and occupied; thence S00°07’40”E, 1321.02 feet along said West line to the South line of the Southwest ¼ of Section 2; thence S88°34’11”W, 1955.75 feet along said South line to the point of beginning. Subject to all easements and restrictions of record. Reserving that part presently used for road purposes. Tax parcel numbers: 17-0-0743-00, 17-0-0746-00, 17-0-0749-00 The above parcel is described at Parcel A in a survey prepared by Carow Land Surveying Company, Inc. AND A parcel of land being all of Government Lots 4, 5, and 6, part of Government Lots 7, 10, 11, 12, 13, 23, and 24, and part of the Southwest ¼ of the Northwest ¼ , all in Section 11, Township 23 North, Range 18 East of the Fourth Principal Meridian, Town of Oneida, Outagamie County, Wisconsin, bounded and described as follows; Beginning at the North ¼ corner of said Section 11; thence N89°00’59”E, 1139.16 feet along the North line of the Northeast ¼ of Section 11 to the East line of Government Lot 4 as evidenced and occupied; thence S00°10’50”E, 1317.97 feet along said East line as evidenced and occupied to the South line of Government Lot 4; thence S88°54’19”W, 518.52 feet along said South line to the East line of Government Lot 13; thence S00°17’07”E, 1285.94 feet along said East line to the North right-of-way line of Poplar Lane; thence S88°47’40”W, 618.56 feet along said North right-of-way line; thence S88°34’47”W, 395.91 feet along North right-of-way line to the West end of Poplar Lane; thence S00°17’32”E, 33.01 feet along said West end to the North line of Government Lot 21; thence S88°34’47”W, 902.87 feet along said North line to the East line of Government Lot 23; thence S00°35’44”E, 1147.97 feet along said East line and the East line of Government Lot 24 to the South line of Government Lot 24; thence S88°57’17”W, 1252.67 feet along said South line to the East right-of-way line of S.T.H. “55”; thence N00°25’51”W, 1148.28 feet along said East right-of-way line; thence N00°23’58”W, 658.39 feet along said East right-of-way line to the South line of lands described in Volume 517, Page 287; thence N88°34’11”E, 1903.24 feet along said South line to the East line of said described lands; thence N00°23’58”W, 1972.90 feet along said East line to the North line of the Northwest ¼ of Section 11; thence N88°34’11”E, 650.57 feet along said North line to the point of beginning. Subject to all easements and restrictions of record. Reserving that part presently used for road purposes. Tax parcels numbers: 17-0-0818-00, 17-0-0817-00, 17-0-0810-00, 17-0-0809-00, 17-0-0822-00, 17-0-0827-00, 17-0-0825-00, 17-0-0824-00, 17-0-0812-00, 17-0-0831-00, 17-0-0832-00 The above parcel is described as Parcel B in the survey prepared by Carow Land Surveying Company, Inc. AND A parcel of land being all of Government Lots 6, 7, and “B” and part of the Southeast ¼ of the Fractional Northeast ¼, all in Section 2, Township 23 North, Range 18 East of the Fourth Principal Meridian, Town of Oneida, Outagamie County, Wisconsin, bounded and described as follows: Beginning at the East ¼ corner of said Section 2; thence S88°59’25”W, 1308.35 feet along the South line of the Southeast ¼ of the Fractional Northeast ¼ of Section 2; thence S88°19’42”W, Page 38 of 380 1308.35 feet along the South lines of Government Lots 7, 6, and “B” to the West line of Government Lot “B”; thence N00°08’13”W, 1320.91 feet along said West line to the North line of Government Lot “B”; thence N88°24’27”E, 1311.63 feet along said North line and the North line of Government Lots 6 and 7; thence N88°24’43”E, 981.93 feet along the North line of the Southeast ¼ of the Fractional Northeast ¼ of Section 2 to the West line of lands described in Document No. 1492360; thence S00°08’57”W, 264.00 feet along said West line to the South line of said described lands; thence N88°24’43”E, 330.00 feet along said South line to the East line of the Fractional Northeast ¼ of Section 2; thence S00°08’57”W, 1068.50 feet along said East line to the point of beginning. Subject to all easements and restrictions of record. Reserving that part presently used for road purposes. Tax parcel numbers: 17-0-0734-00, 17-0-0729-00, 17-0-0730-00, 17-0-0731-00 The above parcel is described as Parcel D in a survey prepared by Carow Land Surveying Company, Inc. AND Lot 2 of Certified Survey Map No. 5412 filed in the office of Register of Deeds Outagamie County, Wisconsin, on the 7 th day of August, 2006, at 10:26 a.m. in Volume 31 of Certified Survey Maps on Page 5412 as Document No. 1720684, being all of Government Lot 13 and part of Government Lot 14, all in Section 2, Township 23 North, Range 18 East of the Fourth Principal Meridian, Town of Oneida, Outagamie County, Wisconsin. Tax parcel number: 17-0-0745-01 Page 39 of 380 Oneida Reservation Section Map T-25 T-24 R-18 R-19 BROWN CO. R-19 R-20 OUTAGAMIE CO. T-25 T-24 22 29 !il 28 s" 27 T-24 T-23 T-23 T-22 T-23 T-22 16 R-18 R-19 GEOGRAPHIC LAND INFORMATION SYSTEMS 703 Pa.:k PATIUCIA M. STIWRNS G 1\RV£V KELLY M. MCJ\ Non•:ws MICIIEI..L.E L. MAYS llOilERTW. Oncurr SI,NIOn STAn- A-n·o•~NEV (920) 869-4327 FAX (920) 869-4065 MEMORANDUM TO: Oneida Business Committee FROM: Jo Anne House, Chief Counsel DATE: January 5, 2016 SUBJECT: Opinion - Request for Vendor List - Member Request A member has requested the Oneida Business Committee to consider a motion to direct the "Oneida Nation Vendor List" made available to any member upon request. The list is requested to contain the "name of the entity and the individual(s) who operate and own it." You have requested a legal opinion regarding consideration of this request Analysis The request identifies an "Oneida Nation Vendor List." 1 am not sure what this is referencing. If this is the Indian Preference vendor list, that docnment is published on the Tribe's internal website and contains the following information for vendors who have been certified as Indian Preference vendors. • Name of company • Address • Phone, fax and e-mail contact • Services provided • Type of preference registration In order to certify a vendor, the Indian Preference in Contracting law requires businesses to submjt specific information in order to verify qualifications and eligibility. Sec. 57. 6. This information is subject to the Open Records and Open Meetings law under the following conditions "In accordance with the Open Records and Open Meetings law, general, non-proprietary and non-private information provided for the purposes of acquiring cer1ification shall be considered open records and available for public inspection." Sec. 57. 6-8. To the extent that the names of the individuals who ''operate and own" a business is public information, that can be made available. lf this is regarding all the vendors the T ribe engages with, the Accounting Department has a different set of vendors. This is not a public list and not published. It would simply be a list of every person or business who has received a non-employment related check from the Tribe. However, the Tribe does not obtain or maintain information regarding the individuals who own or operate the business. Page 115 of 380 Opinion - Request for Vendor List- Member Request Page 2 of2 In addition to the above, it is not clear what "operating" a business refers to in the request. Certainly in regards to a sole ownership with the owner as the only employee this would be clear. But, in a larger business what is meant by operating the business? Is this the president or chief executive officer or any employee or the representative assigned to the Tribe's account? Recommendations The Indian Preference Vendor List can be made available on the Tribe's website. It is recommended that this this list be moved from the internal posting to the website to make it more available to members. The list of vendors utilized across the Tribal organization is not a public list. It is not clear if this would violate the Open Records and Open Meetings law regarding section 7.4-l(b) contracts which specifically prohibit disclosure or section 7.4-l(e) trade secrets, commercial or financial information disclosure may cause competitive harm, i.e., will disclosure ofthe Tribe's vendors it does business with result in an inability to identify vendors to contract with for services or the cost ofthose services increasing. Questions ofthis sort should be answered by the record holder, in this case the Finance Department. If you have further questions, please contact me. Page 116 of 380 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 01 / 13 / 16 ============= 12 I 23 I 15 EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to defer this item to the January 13, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. 2. General Information: Session: lgj Open D Executive- See instructions for the applicable laws, then choose one: AgendaHeader: LjN_e_w_B_u_s_in_e_ss______________________________________________________~ lgj Accept as Information only D Action -please describe: 3. Supporting Materials D Report D Resolution D Contract lgj Other: 1..-,A-c-ce_p_t-an_c_e_o_f_T-ri-b-ai_I_D_s- - - - - - - - - - - . 3.L________________________________ 2. ~ D Business Committee signature required 4. Budget Information D Budgeted -Tribal Contribution D Budgeted- Grant Funded D Unbudgeted 5. Submission Authorized Sponsor I Liaison: Michele Doxtator, Area Manager/Retail Profits Primary Requestor/Submitter: Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 __j Page 117 of 380 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpqse, background/history, and action requested: On December 4, 2015 Councilman Tehassi Hill had requested information on the acceptance ofTribaiiD cards for the purchase of age restricted product, and Secretary Lisa Summers had requested that this item be placed on the OBC Agenda. The memo is attached. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of2 Page 118 of 380 Oneida Tribe of Indians of Wisconsin - Retail Interoffice MEMORANDUM To: From: Date: Subject: f,l-R~ Oneida Business Committee __ Michele Doxtator, Retail Area Profit Manag~~~p December 14, 2015 Acceptance of Tribal IDs for Age Restricted Product With the installation of the new Point of Sale (POS) in September 2015 Oneida Retail took the position that the only acceptable identification card (ID) that would be accepted is the WI Driver's license for age restricted product. Our intention is to continue to be responsible retailers by restricting age restricted product to those adults who are old enough to purchase. The Wisconsin license and the Wisconsin ID has a number of items that the Tribal ID lacks • • • • • Bar code that scans, alerting the Associate if the customer in not of age to make the purchase ID is portrait, if the person is under the age of 21, landscape for those older than 21 Current photo Expiration Date Holographic on ID Oneida Retail would like to work with the Trust/Enrollment Committee to upgrade the Tribal ID to meet the same standards as the WI ID card. When the POS was installed there was some miss-communication between Retail Administration and the Location Managers and Associates. The Laws require that anyone who appears to be under the age of27 be carded; however our Associates began carding everyone regardless of appearances. At this time our Associates are using their best judgment and carding customers who appear to be under the age of 27. Cc Trust and Enrollment Committee Retail Administration Page 119 of 380 Oneida Business Committee Agenda Request I 13 I 16 1. Meeting Date Requested: 2. General Information: Session: !g) Open D Executive- See instructions for the applicable laws, then choose one: AgendaHeader: ~~N_e_w_B_u_s_in_e_ss______________________________________________________~ D Accept as Information only !g) Action - please describe: Would like Business Committee approval of the Green Bay Metropolitan Sewerage District-Silver Creek CostShare Agreement as it contains waivers of sovereign immunity. 3. Supporting Materials D Report D Other: D Resolution !g) Contract 1. 3. 2. 4. D Business Committee signature required 4. Budget Information D Budgeted -Tribal Contribution D Budgeted- Grant Funded D Unbudgeted 5. Submission Authorized Sponsor I Liaison: IPatrick Pelky, Division Director/EHS Primary Requestor/Submitter: Michael Finney, Eco-Services Manager Your Name, Title I Dept. or Tribal Member Additional Requestor: Submitted by: Brenda Skenandore, Office Manager/Environmental Health & Safety Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 Page 120 of 380 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Purpose: The purpose is have an agreement with the Green Bay metropolitan Sewage District to terminate deed restrictions if the Tribe buys land with those restrictions on them. Background: As part of the Silver Creek Pilot Watershed project the farm operators in the watershed are receiving funds to put in various best practices for perpetuity and thus will have those requirements put onto their deeds. The Oneida Law office requested an agreement between the Oneida Tribe and GBMSD/NewWater (which is providing the funding and instituting the deed restrictions) that if the Oneida Tribe begins the process to purchase a new property with those deed restrictions on them GBMSD has agreed to "terminate" those "deed restrictions". Action required: Approve agreement so that it can be signed. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC~Agenda_Requests@oneidanation.org Page 2 of2 Page 121 of 380 ONEIDA LAW OFFICE CONFIDENTIAL: ATTORNEY/CLIENT WORK PRODUCT TO: Mike Finney Environmental Health & Safety Use this number on future col'l'espondence: . 2015-1190 FROM: James R. Bittorf; Deputy Chief C; *Legislative All Senate Subject: Cosponsorship of LRB 2890/1--relating to: requirements for cataloged burial sites. CO-SPONSORSHIP MEMORANDUM To: All Legislators From: Representative Robert Brooks; Senator Chris Kapenga Date: Wednesday. December 9, 2015 Re: Co-sponsorship of LRB-2890/1-relating to: requirements for cataloged burial sites. Deadline: Wednesday, December 16, 2015 by 12:00 P.M. The Wisconsin Landowners Rights Initiative would make long overdue reforms to the state's Burial Sites Preservation law, which is administered by the State Historical Society (SHS). The law sets procedures to identify, catalog and preserve previously undocumented human burials in Wisconsin. Once private property is placed on the SHS burial sites catalog, it can no longer be used for commercial purposes. The current law is outdated and unnecessarily complex, leading to situations where the SHS has exceeded its regulatory authority. For example, there have been cases where the SHS has identified and cataloged burial sites on privately-owned land without establishing the existence of human . remains, thus severely limiting the right of that property owner to utilize that property. Such regulatory overstep stifles economic growth and the development of commercial land. While LRB-2890 will maintain the SHS' mission to protect human burial sites and preserve history for future generations, it will also make common-sense reforms to current law to help ensure private property is not wrongly placed on the SHS burial site catalog and essentially frozen from use. Under the bill, the SHS would be: 1. Required to issue to a landowner a permit to investigate a cataloged burial site with ground penetrating radar or other archaeological methods. If no evidence of human remains is found, the SHS must remove the property from the catalog; and 2. Prohibited from placing any privately-owned land in the burial site catalog unless the agency establishes the existence of human remains at the site. 2 Page 133 of 380 The legislation is supported by Wingra Stone Company, Wisconsin Manufacturers and Commerce, the Wisconsin Ready Mixed Concrete Association, the Wisconsin Builders Association, and the Aggregate Producers of Wisconsin. If you are interested in co-sponsoring this legislation, please reply to this e-mail or call Representative Rob Brooks' office at 7-2369 by 12:00 P.M on Monday, December 14, 2015. Analysis by the Legislative Reference Bureau This bill establishes procedure for owners of burial sites that are currently cataloged by the director of the State Historical Society and owners of certain land contiguous to cataloged burial sites to challenge the existence of human remains in the burial site. Current law requires the director to identify and record in a catalog the burial sites and, for land not platted for use as a cemetery, sufficient contiguous land necessary to protect burial sites from disturbance. Subject to certain exceptions, the disturbance of burial sites and cataloged land contiguous to burial sites is prohibited. Under this bill, the director must issue a permit for the investigation of a cataloged burial site to the owner of the burial site or to the owner of the cataloged land contiguous to the burial site if the burial site was cataloged before the date the bill becomes law and the owner disputes the existence of human remains in the burial site and applies for apermit. An owner issued permit under the bill may, at the owner's own expense, investigate the site for evidence of human remains using investigational methods set forth in the bill. If the investigation finds no evidence of human remains in the burial site, the director is required to remove the burial site and contiguous land from the catalog. For land that is cataloged on or after the date on which the bill becomes law, the bill provides that no burial site on private property and no private land that is contiguous to a burial site may be cataloged unless the director establishes that human remains are present in the burial site based on investigational methods set forth in the bill. 3 Page 134 of 380 ~fa:±£ of ~isconsitt 2015 - 2016 LEGISLATURE LRB-2890/1 MPG:klrn 2015 BILL 1 AN ACT to amend 157.70 (2r) and 157.70 (5) (a); and to create 157.70 (5g) and 2 15 7. 70 (5r) of the statutes; relating to: requirements for cataloged burial sites. Analysis by the Legislative Reference Bureau This bill establishes a procedure for owners of burial sites that are currently cataloged by the director of the State Historical Society and owners of certain land contiguous to cataloged burial sites to challenge the existence of human remains in the burial site. Current law requires the director to identifY and record in a catalog burial sites and, for land not platted for use as a cemetery, sufficient contiguous land necessary to protect burial sites from disturbance. Subject to certain exceptions, the disturbance of burial sites and cataloged land contiguous to burial sites is prohibited. Under the bill, the director must issue a permit for the investigation of a cataloged burial site to the owner of the burial site or to the owner of cataloged land contiguous to the burial site if the burial site was cataloged before the date the bill becomes law and the owner disputes the existence of human remains in the burial site and applies for a permit. An owner issued a permit under the bill may, at the owner's own expense, investigate the site for evidence of human remains using investigational methods set forth in the bill. If the investigation finds no evidence of human remains in the burial site, the director is required to remove the burial site and contiguous land from the catalog. For land that is cataloged on or after the date on which the bill becomes law, the bill provides that no burial site on private property and no private land that is contiguous to a burial site may be cataloged unless the director establishes that human remains are present in the burial site based on investigational methods set forth in the bill. Page 135 of 380 2015- 2016 Legislature LRB-2890/1 MPG:klm -2- BILL For further information see the state fiscal estimate, which will be printed as an appendix to this bill. The people ofthe state ofWisconsin, represented in senate and assembly, do enact as follows: 1 SECTION 1. 2 157.70 (2r) SITE DISTURBANCE PROHIBITED. Except as provided under subs. (4) 3 and,. (5), (5g), and (5r) and ss. 157.111 and 157.112, no person may intentionally cause 4 or permit the disturbance of a burial site or cataloged land contiguous to a cataloged 5 burial site. This subsection does not prohibit normal agricultural or silvicultural 6 practices which do not disturb the human remains in a burial site or the surface 7 characteristics of a burial site. 157.70 (2r) of the statutes is amended to read: 157.70 (5) (a) of the statutes is amended to read: 8 SECTION 2. 9 157.70 (5) (a) Ne Except as provided under subs. (5g) and (5r), no person may 10 intentionally cause or permit the disturbance of a cataloged burial site or the 11 cataloged land contiguous to a cataloged burial site without a permit from the 12 director issued under this subsection. 157.70 (5g) of the statutes is created to read: 13 SECTION 3. 14 157.70 (5g) !NvESTIGATIONS OF CERTAIN CATALOGED BURIAL SITES. (a) The director 15 shall issue a permit for the investigation of a cataloged burial site under par. (b) to 16 the owner of that burial site or to the owner of cataloged land contiguous to that 17 burial site within 30 days after receiving an application for a permit under this 18 subsection if all of the following conditions are satisfied: 19 20 ' 1. The burial site was cataloged before the effective date of this paragraph .... [LRB inserts date]. Page 136 of 380 2015- 2016 Legislature LRB-2890/1 MPG:klm -3- SECTION 3 BILL 1 2 2. The owner disputes the existence of human remains in the burial site and applies for a permit under this subsection. 3 (b) An owner issued a permit under par. (a) may, at the owner's own expense, 4 investigate the burial site for evidence of human remains using ground-penetrating 5 radar, other imaging technology, or archaeological excavation and examination. The 6 historical society shall provide the owner with a list of archaeologists and imaging 7 technicians approved by the historical society, and the investigation under this ' 8 paragraph shall be conducted by an archaeologist or imaging technician chosen by 9 the owner from that list. 10 (c) If an investigation under par. (b) finds no evidence of human remains in the 11 burial site, the director shall remove the burial site and the cataloged land 12 contiguous to the burial site from the catalog. 13 SECTION 4. 157.70 (5r) of the statutes is created to read: 14 157.70 (5r) EVIDENCE OF HUMAN REMAINS REQUIRED. No burial site on private 15 property and no private land that is contiguous to a burial site may be cataloged on 16 or after the effective date of this subsection .... [LRB inserts date], unless the director 17 establishes that human remains are present in the burial site through written 18 historical records corroborated by the results of ground-penetrating radar, other 19 imaging technology, or archaeological excavation and examination. 20 (END) Page 137 of 380 Oneida Tribe of Indians of Wisconsin BUSINESS COMMITTEE Oneidas bringing several hundred bags of cprn to Washington's starving army at Valley Forge, after the colonists had consistently refused to aid them. P.O. Box 365 • Oneida, Wl.54155 Telephone: 920-869-4364 • Fax: 920-869-4040 UGWA DEMOLUM YATEHE Because of the help of this Oneida Chief in cementing a friendship between the six nations and the colony of Pennsylvania, a new nation, the United States was made possible. January 7, 2016 Representative Jim Steineke Room 115 West State Capitol P.O. Box 8953 Madison, WI 53708 Dear Representative Steineke: On behalf of the Oneida Tribe of Indians of Wisconsin, we are united with the other Tribes in opposing the legislation being introduced by Senator Kapenga and Representative Brooks regarding changes to the Wisconsin Burial Site Preservation law. Each tribe in Wisconsin has sacred sites that could be devastated by this legislation. Tribal culture and our relationship with the land predate European settlement and reservation boundaries. Therefore, many of these sacred sites are located on privately owned land or land not controlled by the Tribes. It is our responsibility and yours to defend these sacred places against desecration or destruction. The protection of our sacred sites is not done solely out of a desire to preserve our culture and history. For many of us, these sites we find sacred are the places where our ancestors conducted our religious ceremonies, including the religious ceremonies for the burials of loved ones. We feel that to disturb these areas is not only offensive but extremely sacrilegious. As a State Representative for the Oneida Tribe, we hope you can empathize with our concerns, carefully consider them, and vote against this bill. Thank you for your time and attention to this very important matter. Sincerely, 4-- ~- ~"'It, Cristina Danforth, Chairwoman Oneida Tribe of Indians of Wisconsin Page 138 of 380 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 01 I 13 I 16 2. General Information: Session: ~ Open AgendaHeader: D Executive- See instructions for the applicable laws, then choose one: ~jN_e_w__Bu_s_in_e_s_s______________________________________________________~ D Accept as Information only ~ Action - please describe: BC review and approval of compliance updates for the following: BC 401{k) Plan and the Public Safety Pension Plan along with their accompanying resolutions 3. Supporting Materials D Report D Contract ~ Resolution ~ Other: 1.1Bc 401 (k) Plan 3. 2.1PSPP 4. D Business Committee signature required 4. Budget Information D Budgeted -Tribal Contribution D Budgeted- Grant Funded D Unbudgeted 5. Submission Authorized Sponsor I Liaison: ILarry Barton, Chief Financial Officer Primary Requestor: Submitted by: Denise Vigue, Executive Assistant/Finance Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 Page 139 of 380 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: These documents are to file amendments to our retirement plan documents in order to maintain compliance with IRS regulations. This is an annual review and restatement- drafted by our outside legal counsel, Yoder & Langford. After approval, we will need to file signed copies with the IRS by 1/31/16 .. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of2 Page 140 of 380 ONEIDA LAW OFFICE CONFIDENTIAL: ATTORNEY/CLIENT WORK PRODUCT TO: Terry A. Cornelius Finance Department Use this number onjitture correspondence: FROM: James R. Bittorf, Deputy Chief Coun el 2016-0006 DATE: January 6, 2016 RE: 401(k) Plan-Business Committee Ifyou have any questions or comments regarding this review, please call 869-4327. The attached documents have been reviewed by the Oneida Law Office for legal content only. Please note the following: ./ The document is in appropriate legal form. (Execution is a management decision.) ./ Requires Business Committee approval prior to execution. ./ The documents were prepared by Yoder & Langford, P.C., and the Tribe relies upon the advice of Yoder & Langford, P.C. with respect to compliance with applicable federal laws and regulations. Page 141 of 380 BC Resolution # __-__-__-_ Resolution to Restate the Business Committee 401(k) Savings Plan documents and Submit Plan to the Internal Revenue Service WHEREAS, the Oneida Tribe of Indians of Wisconsin 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 Tribe of Indians of Wisconsin; 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 Tribe sponsors the Oneida Tribe of Indians of Wisconsin Business Committee 401(k) Savings Plan (the “Plan”); and WHEREAS, the Plan is a governmental tax-qualified retirement plan, operated in accordance with the exemptions extended to governmental retirement plans pursuant to Section 414(d) of the Internal Revenue Code and Section 2(32) of the Employee Retirement Income Security Act of 1974; and WHEREAS, the Plan has been amended on multiple occasions and was approved by the Internal Revenue Service (“IRS”) on October 23, 2012; and WHEREAS, legal counsel has advised that the Plan documents should be amended and restated in its entirety to incorporate the most recent amendment and make certain other compliance changes, in order to apply for an updated IRS ruling in accordance with the IRS’ governmental plan application deadlines; and WHEREAS, legal counsel has prepared an amended and restated Plan document, as well as an amended and restated Trust Agreement, and recommends approval of said Plan documents; and WHEREAS, legal counsel advises that the amended and restated Plan documents contain no benefit or design changes at this time; and WHEREAS, legal counsel recommends that the amended and restated Plan documents be submitted to the IRS for an update of the Plan's 2012 determination letter; and NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee hereby authorizes and approves the amended and restated Plan document and the related Trust Agreement, in the form presented to the Oneida Business Committee this date and together with any technical, legal or compliance related revisions as may be necessary prior to execution. BE IT FURTHER RESOLVED, that the Oneida Tribe Finance Department shall continue to serve as Trustee of the Plan, in accordance with the terms of the Plan and the Trust Agreement. Page 142 of 380 BC Resolution # __-__-__-_ Resolution to Restate the Business Committee 401(k) Savings Plan documents and Submit Plan to the Internal Revenue Service Page 2 of 2 BE IT FURTHER RESOLVED, that the Chair or Vice-Chair of the Business Committee shall be, and hereby is, authorized and directed to execute the amended and restated Plan document and Trust Agreement on behalf of the Tribe. BE IT FURTHER RESOLVED, that the Oneida Business Committee hereby authorizes the submission of the amended and restated Plan to the IRS no later than January 31, 2016. BE IT FINALLY RESOLVED, that the actions taken by Tribal officers and personnel in connection with the matters addressed in these resolutions be, and hereby are, ratified, confirmed and adopted as actions of the Oneida Tribe of Indians of Wisconsin. Page 143 of 380 ONEIDA TRIBE OF INDIANS OF WISCONSIN BUSINESS COMMITTEE 401(K) SAVINGS PLAN AMENDED AND RESTATED TRUST AGREEMENT Original Effective Date: January 1, 2001 Restatement Effective Date: January 1, 2016 Page 144 of 380 TABLE OF CONTENTS PAGE ARTICLE I - ESTABLISHMENT OF TRUST RELATIONSHIP . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE II - DISTRIBUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE III - INVESTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE IV - EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE V - ACCOUNTS AND RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE VI - FIDUCIARY RESPONSIBILITY OF THE TRUSTEE . . . . . . . . . . . . . . . . . . . . 9 ARTICLE VII - INALIENABILITY OF THE TRUST FUND . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE VIII - RESIGNATION OR REMOVAL OF THE TRUSTEE . . . . . . . . . . . . . . . . . . 11 ARTICLE IX - AMENDMENT AND TERMINATION OF THE TRUST . . . . . . . . . . . . . . . . . . 12 ARTICLE X - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 -i- Page 145 of 380 TRUST AGREEMENT Effective January 1, 2001, the Oneida Tribe of Indians of Wisconsin, a federally recognized Tribal government (the “Employer”), established the Oneida Business Committee Retirement Plan, now known as the Oneida Tribe of Indians of Wisconsin Business Committee 401(k) Savings Plan, in order to assist employees in providing for their retirement years. By this instrument, the Employer intends to amend and restate the provisions of the Oneida Tribe of Indians of Wisconsin Business Committee 401(k) Savings Plan relating to the Trust Fund, in the form of this Trust Agreement, effective as of January 1, 2016. This Trust Agreement is entered into by and between the Employer and the Oneida Tribe of Indians of Wisconsin Finance Department, referred to herein as the “Trustee.” This Trust Agreement is being entered into in connection with the amendment and restatement of the Oneida Tribe of Indians of Wisconsin Business Committee 401(k) Savings Plan (“Plan”). PREAMBLE By this instrument, the Employer desires the Trustee to continue to hold, invest and administer the Trust Fund. In consideration of the premises and mutual covenants herein contained, the Trustee agrees to act as such subject to the terms and provisions of this Trust Agreement. Throughout this Trust Agreement certain defined terms, which will be identified by the capitalization of each word or substantive word of a phrase, will be used. Such terms shall have the meanings ascribed to them in the Plan unless the context in which said words are used or the express provisions of this Trust Agreement provide otherwise. ARTICLE I ESTABLISHMENT OF TRUST RELATIONSHIP 1.1 ACCEPTANCE OF TRUST. The Trustee hereby accepts the continuation of this trust as evidenced by the Trustee’s execution of this amended and restated Trust Agreement. This trust shall continue to be known as the “Oneida Tribe of Indians of Wisconsin Business Committee 401(k) Savings Plan Trust Agreement.” 1.2 RELATIONSHIP TO PLAN. For administrative and governmental reporting and disclosure purposes, the Plan shall constitute a part of this Trust Agreement and this Trust Agreement shall constitute a part of the Plan. The duties, obligations and liabilities of the Trustee as trustee under the Plan shall be limited to those set forth in this Trust Agreement or in the Plan and those imposed by applicable law, notwithstanding the duties, obligations and liabilities arising from any other capacity in which the Trustee shall act. 1 Page 146 of 380 1.3 TRUSTEE CAPACITY. The Trustee may be a bank, trust company, or other corporation possessing trust powers under applicable state or federal law, or one or more individuals or any combination thereof. At any time that a group of individuals is acting as Trustee, the number of such persons who shall act in such capacity from time to time shall be determined by the Employer. The Employer shall appoint such persons, who may or may not be participants in the Plan or employees of the Employer. Any action taken by the Trustees shall be taken at the direction of a majority of such Trustees, or, if the number of such Trustees is two (2), by unanimous consent. 1.4 ADMINISTRATION OF THE TRUST FUND. The Trustee shall hold, administer and invest the Trust Fund and all sums paid to the Trustee in accordance with the provisions of this Trust Agreement and the Plan. The Trustee shall receive any contributions paid to the Trustee in cash or in the form of such other property as the Trustee may from time to time deem acceptable and which shall have been delivered to the Trustee. All contributions so received, together with the income therefrom, and any other increments and accruals thereon, shall hereinafter be collectively referred to as the "Trust Fund" and shall be held, administered and distributed by the Trustee pursuant to the terms of this Trust Agreement without distinction between principal and income and without liability for the payment of interest thereon. 1.5 RECEIPT OF CONTRIBUTIONS. Except as otherwise provided in the Plan, all contributions received by the Trustee pursuant to the Plan, together with any income therefrom, shall be transmitted promptly to the managers of the Investment Funds for investment. Alternatively, the Employer may transmit all contributions it makes under the Plan, as well as any Rollover Contributions made by Participants, directly to the managers of the Investment Funds. ARTICLE II DISTRIBUTIONS 2.1 PAYMENTS FROM THE TRUST FUND. Subject to the limitations imposed by Section 2.2 (Exclusive Benefit), the Trustee shall from time to time on the directions of the Plan Administrator make payments out of the Trust Fund to such persons, including the Plan Administrator, in such amounts, in such manner and for such purposes as may be specified in the directions of the Plan Administrator. To the extent permitted by law, the Trustee shall be under no liability for any payment made pursuant to the direction of the Plan Administrator. Any direction of the Plan Administrator shall constitute a certification that the distribution or payment so directed is one which the Plan Administrator is authorized to direct. The Trustee shall be under no liability for any distribution made in accordance with the directions of the Plan Administrator and shall be under no duty to make inquiries as to whether any distribution directed by the Plan Administrator is made pursuant to the provisions of the Plan. 2 Page 147 of 380 2.2 EXCLUSIVE BENEFIT. Except as otherwise provided herein or in the Plan, it shall be impossible for any part of the Trust Fund to revert to the Employer, or be used for or diverted to purposes other than for the exclusive benefit of Participants and their beneficiaries, except that payment of taxes and administration expenses may be made from the Trust Fund as provided below. ARTICLE III INVESTMENTS 3.1 INVESTMENT POWERS. As provided in Sections 1.5 (Receipt of Contributions), 3.3 (Investment Funds and Managers) and 3.4 (Participant Direction of Investments) of this Trust Agreement, and in the Plan, the Trust Fund will be invested in various Investment Funds selected by the Employer, with each Participant directing the investment of his accounts pursuant to the Plan. Subject to such provisions and except as otherwise provided herein, in the investment, administration and distribution of the Trust Fund, the Trustee, subject to the duty to apply the proceeds and avails of the Trust Fund to the purposes specified in the Plan and this Trust Agreement and subject to the restrictions of applicable law, may perform every act in the management of the Trust Fund that individuals may perform in the management of like property owned by them free of any trust and may exercise every power with respect to each item of property in the Trust Fund, real and personal, which individual owners of like property can exercise, including by way of illustration, but not by way of limitation, the powers noted below. No enumeration of specific powers herein shall be construed as a limitation on the foregoing general powers of the Trustee, nor shall any of the powers herein conferred upon the Trustee be exhausted by use thereof, but each shall be continuing. The powers of the Trustee include, but are not limited to, the following: (a) To invest and reinvest in bonds, notes, debentures, stocks (common or preferred), interests in investment companies (whether "open-end mutual funds" or "closed-end mutual funds"), options to acquire or sell securities (including “covered call options"), commercial paper, bank repurchase agreements, individual and group annuity contracts, deposit administration contracts, life insurance company separate accounts and pooled investment funds, mortgages, leaseholds, fee interests, personal, corporate and governmental obligations, interests in any amount in common trust funds established by the Trustee or another bank or trust company (and for such time as assets are invested in such common trust funds, such assets shall be subject to the declarations of trust establishing such common trust funds), pooled investment funds for retirement plans established by the Trustee or another bank or trust company and such other property, real, personal or mixed, irrespective of whether such securities or such property shall be of the character authorized by any state law for trust investments, but in accordance with the provisions of Section 4975 of the Internal Revenue Code (the “Code”); (b) To pledge or mortgage, assign, lease, contract to lease, grant and trade options to purchase, sell for cash or on credit at a private or public sale, convert, redeem, exchange for other securities or other property in which the Trust Fund may be invested under 3 Page 148 of 380 this Trust Agreement or otherwise dispose of any securities or other property at any time held by the Trustee; no person dealing with the Trustee shall be bound to see to the application or to inquire into the validity, expediency or propriety of such sale or other disposition; (c) To retain in cash so much of the Trust Fund as the Trustee deems advisable; (d) To settle, compromise, contest or submit to arbitration any claims, debts or damages due or owing to or from the Trust Fund, to commence or defend suits or legal proceedings, and to represent the Trust Fund in all suits or legal proceedings; (e) To exercise any conversion privilege or subscription right available in connection with any securities or property at any time held by the Trustee, to consent to the reorganization, consolidation, merger or readjustment of the finances of any corporation, company or association, or to the sale, mortgage, pledge or lease of the property of any corporation, company or association, any of the securities of which may at any time be held by the Trustee; and to do any acts with reference thereto, including the exercise of options, making of agreements or subscriptions, and the payment of expenses, assessments or subscriptions, which may be deemed to be necessary or advisable in connection therewith, and to hold and retain any securities or other property which the Trustee may so acquire; (f) To borrow money, assume indebtedness, extend mortgages and encumber by mortgage or pledge upon such terms and conditions as may be deemed advisable; (g) To lease property on any terms or conditions and for any term of years although extending beyond the period of duration of the Plan; to manage, insure, administer, operate, repair, improve and mortgage or lease, regardless of any restrictions on leases; to renew or extend or to participate in the renewal or extension of any mortgage or lease, and to agree to the reduction in the interest on any mortgage or other modification or change in the terms of any mortgage, guarantee thereof or lease in any manner and upon such terms as may be deemed advisable; to alter and partition real estate, erect or raze improvements, grant easements, subdivide, or dedicate to public use; (h) To collect the income, rents, issues, profits and increases of the Trust Fund through such means as are deemed advisable; (i) To invest all or part of the Trust Fund in interest-bearing deposits with the Trustee or another bank or other federally-insured institution at a reasonable rate of interest, including but not limited to investment in time deposits, savings deposits, certificates of deposit or time accounts; (j) To employ agents, attorneys and advisors and to pay their reasonable compensation and expenses; the Trustee shall incur no liability for the acts or defaults of such agents, attorneys and advisors selected with due care, and the Trustee shall be fully protected in acting upon the advice of counsel on questions of law arising in connection with the administration of the Trust Fund; 4 Page 149 of 380 (k) To cause any of the investments of the Trust Fund to be registered in the name of the Trustee or in the name of its nominee, and any corporation or its transfer agent may presume conclusively that such nominee is the actual owner of any investments submitted for transfer; to make, execute and deliver as Trustee any and all instruments, deeds, leases, mortgages, advances, contracts, waivers, releases or other instruments in writing necessary or proper in the employment of any of the foregoing powers; and to form corporations and to create trusts to hold title to any securities or other property, upon such terms and conditions as are deemed advisable; (l) To retain any funds or property subject to dispute without liability for the payment of interest, and to decline to make payment or delivery thereof until final adjudication is made by a court of competent jurisdiction; (m) To loan money to Plan Participants in accordance with the provisions of the Plan; (n) To file all tax and other returns and reports required of the Trustee; and (o) To purchase, convey, lease, and otherwise deal with oil, gas and other mineral rights and royalties; to operate and develop oil, gas, and other mineral properties and interests, including, but not limited to, the power to make and release oil, gas, and mineral leases and subleases; to make mineral deeds and royalty transfers; to create, reserve and dispose of overriding royalties, oil payments, gas payments, and any other interests; to execute division orders and transfer orders; to enter into development and drilling contracts, operating agreements and unitization agreements; and to make agreements for present or future pooling of any and all interests in oil, gas and other minerals. 3.2 FUNDING POLICY. The discretion of the Trustee in investing and reinvesting the Trust Fund shall be subject to such funding policy, and any changes thereof from time to time, as the Employer may adopt from time to time and communicate to the Trustee in writing. The Trustee shall act in accordance with any such funding policy and any changes therein. The funding policy shall be consistent with the purposes of the Plan and the requirements of applicable law. As a part of such funding policy, the Trustee shall be directed to exercise investment discretion so as to provide sufficient cash assets in such amount as may be determined by the Employer under the funding policy then in effect to be necessary to meet any liquidity requirements for administration of the Trust Fund. 3.3 INVESTMENT FUNDS AND MANAGERS. The Employer shall direct the Trustee to enter into a contract or contracts with one or more mutual fund or investment brokerage companies pursuant to which the Investment Funds called for by the Plan will be established and maintained. The companies and/or the mutual fund or investment brokerage company or companies shall serve as the investment manager of the Investment Fund or Investment Funds committed to their control. Accordingly, such entities, unless exempt, must be registered as an investment advisor under the Investment Advisors Act of 1940 and the insurance company or companies must be qualified to perform investment 5 Page 150 of 380 management services under the laws of the State of Arizona. Each investment manager also shall deliver to the Trustee a written instrument evidencing the investment manager's acceptance of its appointment as the manager of one or more of the Investment Funds. The Trustee shall follow the directions of the investment manager regarding the investment and reinvestment of the appropriate Investment Fund and shall exercise to such extent all powers set forth in Section 3.1 (Investment Powers) as directed by said investment manager until notified in writing by the Employer that its appointment has been terminated. The Trustee shall be under no duty or obligation to review any investments to be acquired, held or disposed of by the investment manager nor shall it be under any obligation to make any recommendations with respect to the disposition or continued retention of any such investment or the exercise or non-exercise of any of the powers enumerated in Section 3.1 (Investment Powers). The Trustee shall have no liability or responsibility for any actions taken by the investment manager nor shall the Trustee have any liability or responsibility for acting pursuant to the directions of, or for failing to act in the absence of any directions from, the investment manager. The Employer hereby agrees to indemnify the Trustee and hold the Trustee harmless from and against any claim or liability which may be asserted against the Trustee by reason of any action or omission of the investment managers. In addition, the Employer hereby agrees to indemnify the Trustee and hold the Trustee harmless from and against any claim or liability which may be asserted against the Trustee by reason of any action of the Trustee pursuant to any direction from an investment manager pursuant to this Section or for failing to act in the absence of any such direction. Such indemnification obligation of the Employer shall not be applicable to the extent that any such liability is covered by insurance. 3.4 PARTICIPANT DIRECTION OF INVESTMENTS. The Plan permits Participants to direct the investment of their Accounts. Each Participant shall designate the portion of each contribution made by him or on his behalf which is to be invested in the various Investment Funds established in accordance with the Plan. Each Participant may direct that all of the amounts attributable to his accounts or to an account shall be invested in a single Investment Fund or may direct fractional (percentage) increments of his accounts to be invested in such Fund or Funds as he shall desire, in accordance with uniform procedures promulgated by the Plan Administrator regarding the frequency of investment direction change, the permitted fractional (percentage) increments and the effective date of such individual Participant investment selection and any changes thereof. Participants desiring to make such direction shall inform the Plan Administrator in writing of such desire in such manner as the Plan Administrator shall direct. Thereafter, the Participant shall provi [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A62796c1f63609c70. Public record. Not legal advice.