Oneida Business Committee (2019)

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Public Packet

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Oneida Business Committee

Executive Session

8:30 AM Tuesday, May 21, 2019

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, May 22, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

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

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

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

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

I.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

A.

V.

VI.

Oneida Nation Arts Board - Burdeena Endhunter and Mercy Metoxen

Sponsor: Lisa Summers, Secretary

MINUTES

A.

Approve the February 22, 2019, emergency Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

B.

Approve the May 8, 2019, regular Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

RESOLUTIONS

A.

Adopt resolution entitled Approval of Use of Economic Development, Diversification

and Community Development Fund for Project ED18-007, Industrial Hemp Pilot

Project on May 22, 2019

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

Oneida Business Committee

Regular Meeting Agenda

Page 1 of 5

May 22, 2019

Public Packet

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B.

Adopt resolution entitled Oneida Nation Support of Sports Betting Core Principles

Sponsor: Jo Anne House, Chief Counsel

C.

Adopt resolution entitled Interpretation of Resolution # BC-02-27-19-B, Regarding

the Education Endowment

Sponsor: Lisa Liggins, Chair/Oneida Nation School Board

STANDING COMMITTEES

A.

FINANCE COMMITTEE

1.

B.

C.

VIII.

Approve the May 13, 2019, regular Finance Committee meeting minutes

Sponsor: Trish King, Treasurer

LEGISLATIVE OPERATING COMMITTEE

1.

Accept the May 1, 2019, regular Legislative Operating Committee meeting

minutes

Sponsor: David P. Jordan, Councilman

2.

Accept the Oneida Personnel Commission May 2019 update

Sponsor: David P. Jordan, Councilman

QUALITY OF LIFE COMMITTEE

1.

Accept the March 14, 2019, regular Quality of Life Committee meeting minutes

Sponsor: Brandon Stevens, Vice-Chairman

2.

Accept the April 11, 2019, regular Quality of Life Committee meeting minutes

Sponsor: Brandon Stevens, Vice-Chairman

UNFINISHED BUSINESS

A.

Approve the Oneida Head Start/Early Head Start By-Laws - File # 2011-1378

Sponsor: Jennifer Webster, Councilwoman

EXCERPT FROM MARCH 27, 2019: Motion by Lisa Summers to send the Oneida Head

Start/Early Head Start bylaws to Legislative Reference Office and Legislative Operating

Committee for review, seconded by David P. Jordan. Motion carried.

IX.

TRAVEL REPORTS

A.

Approve the travel report - Councilman Kirby Metoxen - Native American Tourism of

Wisconsin (NATOW) 2020-2021 Strategic and 2019 Conference Planning - Danbury,

WI - February 19-21, 2019

Sponsor: Kirby Metoxen, Councilman

Oneida Business Committee

Regular Meeting Agenda

Page 2 of 5

May 22, 2019

Public Packet

X.

XI.

XII.

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TRAVEL REQUESTS

A.

Approve the travel request - Councilman Kirby Metoxen - 29th National Indian Head

Start Directors Association Management Training Conference - Scottsdale, AZ June 24-27, 2019

Sponsor: Kirby Metoxen, Councilman

B.

Approve the travel request - Treasurer Trish King - Tribal Treasury Advisory

Committee meeting and public meeting - Washington DC - June 18-21, 2019

Sponsor: Trish King, Treasurer

NEW BUSINESS

A.

Determine next steps regarding Emergency Closing Compensation options

Sponsor: Geraldine Danforth, Area Manager/Human Resources

B.

Review the Bingo (Chapter 2) Oneida Gaming Minimum Internal Controls and

determine appropriate next steps

Sponsor: Matthew W. Denny, Chair/Oneida Gaming Commission

C.

Accept the closeout report and recommendation regarding an Employee Giving

Program

Sponsor: Jennifer Webster, Councilwoman

D.

Approve exception to resolution # BC-12-27-16-A for June 25-26, 2019

Sponsor: Lisa Summers, Secretary

REPORTS

A.

OPERATIONAL

1.

Education & Literacy Service Group FY-2019 2nd quarter report not submitted

EXCERPT FROM MAY 8, 2019: Motion by David P. Jordan to defer the Education

and Literacy Service Group FY-2019 2nd quarter report to the May 22, 2019,

regular Business Committee meeting, seconded by Trish King. Motion carried.

EXCERPT FROM APRIL 24, 2019: Motion by Kirby Metoxen to defer the

Education and Literacy Service Group FY-2019 2nd quarter report to the May 8,

2019, regular Business Committee meeting, seconded by Trish King. Motion

carried.

XIII.

GENERAL TRIBAL COUNCIL

A.

Approve the 2019 semi-annual report book contents and audit packet

Sponsor: Lisa Summers, Secretary

Oneida Business Committee

Regular Meeting Agenda

Page 3 of 5

May 22, 2019

Public Packet

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EXECUTIVE SESSION

A.

B.

REPORTS

1.

Accept the Bay Bancorporation, Inc. FY-2019 2nd quarter executive report

8:30 a.m.

Sponsor: Jeff Bowman, President/Bay Bank

2.

Accept the Oneida ESC Group, LLC. FY-2019 2nd quarter executive report

9:00 a.m.

Sponsor: Jacquelyn Zalim, Chair/OESC Board of Managers

3.

Accept the Oneida Seven Generations Corporation FY-2019 2nd quarter

executive report 10:00 a.m.

Sponsor: Pete King III, Agent/OSGC

4.

Accept the Oneida Airport Hotel Corporation FY-2019 2nd quarter executive

report 10:30 a.m.

Sponsor: Robert Barton, President/OAHC

5.

Accept the Oneida Golf Enterprise FY-2019 2nd quarter executive report 11:00

a.m.

Sponsor: Chad Fuss, Agent/OGE

6.

Accept the Intergovernmental Affairs, Communications, and Self-Governance

May 2019 report

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

7.

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

STANDING ITEMS

1.

ONEIDA GOLF ENTERPRISE - LADIES PROFESSIONAL GOLF ASSOCIATION

a.

C.

AUDIT COMMITTEE

1.

D.

Accept the Thornberry Creek LPGA Classic May 2019 report 11:30 a.m.

Sponsor: Chad Fuss, Agent/Oneida Golf Enterprise

Accept the Audit Committee FY-2019 2nd quarter executive report

Sponsor: David P. Jordan, Councilman

UNFINISHED BUSINESS

1.

Accept the verbal update on the requested recommendation on next steps contract # 2017-0244

Sponsor: Larry Barton, Chief Financial Officer

EXCERPT FROM APRIL 10, 2019: Motion by Jennifer Webster to defer this topic

to Finance to bring back a recommendation on next steps at the May 22, 2019,

regular Business Committee meeting, seconded by Lisa Summers. Motion carried.

Oneida Business Committee

Regular Meeting Agenda

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May 22, 2019

Public Packet

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E.

XV.

NEW BUSINESS

1.

Approve two (2) relinquishment requests

Sponsor: Barbara Webster, Chair/Oneida Trust Enrollment Committee

2.

Accept the draft FY-2020 budget roll-up #1 and review Chief Financial Officer

recommendations

Sponsor: Trish King, Treasurer

3.

File # 2019-GMDR03-01 - Review complaint

Sponsor: OBC Officers

4.

Review the Chapter 19 Minimum Internal Control Standards and determine

next steps

Sponsor: Matthew W. Denny, Chair/Oneida Gaming Commission

5.

Adopt resolution entitled Finalizing the Dissolution of Oneida Seven

Generations Corporation

Sponsor: Jo Anne House, Chief Counsel

6.

Review case # NG-019-14 and # NG-019-016

Sponsor: David P. Jordan, Councilman

ADJOURN

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

Open Meetings law (§ 107.14.)

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

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

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

or (800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

Page 5 of 5

May 22, 2019

Public Packet

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Oneida Business Committee Agenda Request

Oneida Nation Arts Board - Burdeena Endhunter and Mercy Metoxen

1. Meeting Date Requested:

05 / 22 / 19

2. General Information:

Session:

Open

Agenda Header:

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

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Burdeena Endhunter and Mercy Metoxen for the Oneida Nation Arts Board.

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Brooke Doxtator, BCC Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

On May 8, 2019 the Oneida Business Committee appointed Burdeena Endhunter and Mercy Metoxen to the

Oneida Nation Arts Board.

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

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

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

Page 2 of 2

Public Packet

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Approve the February 22, 2019, emergency Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

05/22/19

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Report

☐ Memo/Letter

☐ Legal Review

☐ Other: Describe

☐ Resolution

☒ Minutes

☐ Bylaws

☐ Contract

☐ Fiscal Impact Statement ☐ Statement of Effect

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

Public Packet

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DRAFT

Oneida Business Committee

Emergency Meeting

1:00 PM Friday, February 22, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EMERGENCY MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa

Summers, Council members: Daniel Guzman King, David Jordan, Kirby Metoxen;

Not Present: Council members: Ernest Stevens III, Jennifer Webster;

Arrived at: n/a

Others present: Jo Anne House, Lisa Liggins, Danelle Wilson;

I.

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill.

For the record: Councilman Ernie Stevens III is out on personal time. Councilwoman Jennifer

Webster is out on a pre-planned vacation.

II.

OPENING

Opening provided by Councilman Daniel Guzman King.

III.

ADOPT THE AGENDA (00:01:32)

Motion by Brandon Stevens to adopt the agenda as presented, seconded by Lisa Summers. Motion

carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Lisa Summers

Not Present:

Ernie Stevens III, Jennifer Webster

Oneida Business Committee

Emergency Meeting Minutes

Page 1 of 2

February 22, 2019

Public Packet

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DRAFT

IV.

GENERAL TRIBAL COUNCIL

A.

Approve two (2) actions regarding the rescheduled special GTC meeting (00:01:48)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve March 17, 2019, at 10:00 a.m. as the date and time for the

rescheduled special GTC meeting, seconded by Lisa Summers. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Lisa Summers

Not Present:

Ernie Stevens III, Jennifer Webster

Motion by Lisa Summers to approve the notice for the rescheduled special GTC meeting, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Lisa Summers

Not Present:

Ernie Stevens III, Jennifer Webster

V.

ADJOURN (00:03:48)

Motion by Daniel Guzman King to adjourn at 1:26 p.m., seconded by Brandon Stevens. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Lisa Summers

Not Present:

Ernie Stevens III, Jennifer Webster

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

.

____________________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Emergency Meeting Minutes

Page 2 of 2

February 22, 2019

Public Packet

11 of 126

Approve the May 8, 2019, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

05/22/19

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Report

☐ Memo/Letter

☐ Legal Review

☐ Other: Describe

☐ Resolution

☒ Minutes

☐ Bylaws

☐ Contract

☐ Fiscal Impact Statement ☐ Statement of Effect

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

Public Packet

12 of 126

DRAFT

Oneida Business Committee

Executive Session

8:30 AM Tuesday, May 07, 2019

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, May 08, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EXECUTIVE SESSION

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Council members: David P. Jordan,

Kirby Metoxen, Ernie Stevens III;

Not Present: Secretary Lisa Summers, Council members: Daniel Guzman King, Jennifer Webster;

Arrived at: Treasurer Trish King at 8:46 a.m.;

Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins, Louise Cornelius,

Pat Pelky, Scott Denny, Michele Doxtator, Kaylynn Gresham, Jen Falck, Clorissa Santiago, Jessica

Wallenfang;

REGULAR MEETING

Present: Chairman Tehassi Hill, Treasurer Trish King, Council members: Daniel Guzman King, David P.

Jordan, Kirby Metoxen, Ernie Stevens III;

Not Present: Vice-Chairman Brandon Stevens, Secretary Lisa Summers, Councilwoman Jennifer

Webster;

Arrived at: n/a

Others present: Jo Anne House, Terry Cornelius, Debbie Thundercloud, Lisa Liggins, Clorissa

Santiago, Brandon Wisneski, Chad Wilson, Eugene Schubert, Mike Troge, Chris J. Cornelius, Chris

Johnson, Rhiannon Metoxen, Brooke Doxtator, Eric Krawczyk, Trina Schuyler, Jen Falck, Tanya Krueger,

Karen Smith, Dennis Johnson, Jacque Boyle, Brian Doxtator, Joanie Buckley, Racquel Hill, Scott Denny,

Kaylynn Gresham;

I.

CALL TO ORDER

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

For the record: Vice-Chairman Brandon Stevens is on approved travel attending the Haskell Board of

Regents meeting in Lawrence, KS. Secretary Lisa Summers will be late. Councilwoman Jennifer

Webster is on approved travel attending Various State-Tribal Consultations in Bayfield, WI.

II.

OPENING (00:00:40)

Opening provided by Councilman Daniel Guzman King.

Oneida Business Committee

Regular Meeting Minutes

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May 08, 2019

Public Packet

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DRAFT

III.

ADOPT THE AGENDA (00:01:45)

Motion by David P. Jordan to adopt the agenda as presented, seconded by Trish King. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

IV.

MINUTES

A.

Approve the April 24, 2019, regular Business Committee meeting minutes

(00:02:05)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the April 24, 2019, regular Business Committee meeting

minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

B.

Approve the May 3, 2019, emergency Business Committee meeting minutes

(00:02:30)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the May 3, 2019, emergency Business Committee meeting

minutes, seconded by Trish King. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

V.

RESOLUTIONS

A.

Adopt resolution entitled Research Requests: Review and Approval to Conduct

(00:02:51)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to adopt resolution 05-08-19-A Research Requests: Review and Approval

to Conduct, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

B.

Adopt resolution entitled Amending Resolution BC-09-26-18-D Boards,

Committees, and Commissions Law Stipends (00:04:48)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to adopt resolution 05-08-19-B Amending Resolution BC-09-26-18-D Boards,

Committees, and Commissions Law Stipends, seconded by David P. Jordan. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 2 of 18

May 08, 2019

Public Packet

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DRAFT

C.

DOMESTIC ANIMAL LAW

1.

Adopt resolution entitled Amendments to the Domestic Animal Law (00:08:45)

Sponsor: David P. Jordan, Councilman

Motion by Ernie Stevens III to adopt resolution 05-08-19-C Amendments to the Domestic Animal Law

with one (1) noted change to the law [delete "Cash shall not be accepted for payment of fines." from

lines 514-515 of Draft 3], seconded by Daniel Guzman King. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

2.

Adopt resolution entitled Domestic Animals Law Fine, Penalty, and Licensing

Fee Schedule (00:15:10)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to adopt resolution 05-08-19-D Domestic Animals Law Fine, Penalty, and

Licensing Fee Schedule with one (1) noted change [add resolution number from item V.C.1. to line 13],

seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

3.

Adopt resolution entitled Prohibited Animals under the Domestic Animals Law

(00:16:38)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to adopt resolution 05-08-19-E Prohibited Animals under the Domestic

Animals Law with one (1) noted change [add resolution number from item V.C.1. to line 13], seconded

by Kirby Metoxen. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

VI.

APPOINTMENTS

A.

Determine next steps regarding seven (7) vacancies - Oneida Nation Arts Board

(00:21:35)

Sponsor: Lisa Summers, Secretary

Motion by Ernie Stevens III to appoint Burdeena Endhunter and Mercy Metoxen to the Oneida Nation

Arts Board, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III

Abstained:

Kirby Metoxen

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Motion by David P. Jordan to repost the remaining vacancies on the Oneida Nation Arts Board,

seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 3 of 18

May 08, 2019

Public Packet

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DRAFT

VII.

STANDING COMMITTEES

A.

FINANCE COMMITTEE

1.

Approve the May 6, 2019, special Finance Committee meeting minutes

(00:23:15)

Sponsor: Trish King, Treasurer

Motion by David P. Jordan to approve the May 6, 2019, special Finance Committee meeting minutes,

seconded by Trish King. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

B.

LEGISLATIVE OPERATING COMMITTEE

1.

Accept the April 17, 2019, regular Legislative Operating Committee meeting

minutes (00:23:50)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the April 17, 2019, regular Legislative Operating Committee

meeting minutes, seconded by Trish King. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

2.

Approve an amendment to the one-year review of the Children's Code to a sixmonth review (00:24:20)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to approve an amendment to the July 26, 2017, directive to complete a one

(1) year review of the Children's Code to instead require that a review of the implementation of the

Children's Code is conducted six (6) months after the Children's Code takes effect, seconded by Trish

King. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 4 of 18

May 08, 2019

Public Packet

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DRAFT

VIII.

TRAVEL REPORTS

A.

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

Conference on Tourism - Wisconsin Dells, WI - March 17-20, 2019 (00:28:45)

Sponsor: Kirby Metoxen, Councilman

Motion by David P. Jordan to approve the travel report from Councilman Kirby Metoxen for the

Wisconsin Governor's Conference on Tourism in Wisconsin Dells, WI - March 17-20, 2019, seconded

by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III

Abstained:

Kirby Metoxen

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

B.

Approve the travel report - Councilman Ernie Stevens III - Wisconsin Governor's

Conference on Tourism - Wisconsin Dells, WI - March 18-19, 2019 (00:29:20)

Sponsor: Ernie Stevens III, Councilman

Motion by David P. Jordan to approve the travel report from Councilman Ernie Stevens III for the

Wisconsin Governor's Conference on Tourism in Wisconsin Dells, WI - March 18-19, 2019, seconded

by Trish King. Motion carried:

Ayes:

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

Abstained:

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

C.

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

Intertribal Food Summit - Dowagiac, MI - April 24-29, 2019 (00:30:27)

Sponsor: Ernie Stevens III, Councilman

Motion by David P. Jordan to approve the travel report from Councilman Ernie Stevens III for the 2019

Great Lakes Intertribal Food Summit in Dowagiac, MI - April 24-29, 2019, seconded by Kirby Metoxen.

Motion carried:

Ayes:

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

Abstained:

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

D.

Approve the travel report - Councilwoman Jennifer Webster - Tribal Self

Governance Advisory Committee (TSGAC) - Washington DC - October 1-4, 2018

(00:31:02)

Sponsor: Jennifer Webster, Councilwoman

Motion by Trish King to approve the travel report from Councilwoman Jennifer Webster for the Tribal

Self Governance Advisory Committee (TSGAC) in Washington DC - October 1-4, 2018, noting that this

was fully reimbursed by TSGAC, seconded by David P. Jordan. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 5 of 18

May 08, 2019

Public Packet

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DRAFT

IX.

TRAVEL REQUESTS

A.

Approve the travel request in accordance with § 216.16-1 - Five (5) Child Support

staff - National Tribal Child Support Association conference - Temecula, CA - June

23-27, 2019 (00:31:50); (02:27:30)

Sponsor: George Skenandore, Division Director/Governmental Services

Motion by Trish King to defer the travel request in accordance with § 216.16-1 for Five (5) Child

Support staff to attend the National Tribal Child Support Association conference in Temecula, CA June 23-27, 2019, seconded by Kirby Metoxen. Motion withdrawn.

Motion by Trish King to table the travel request in accordance with § 216.16-1 for Five (5) Child

Support staff to attend the National Tribal Child Support Association conference in Temecula, CA June 23-27, 2019, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Item IX.B. is addressed next.

Motion by David P. Jordan to take this item from the table , seconded by Trish King. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Motion by David P. Jordan to delete this item from the agenda, seconded by Trish King. Motion

carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Item XIV. is addressed next.

B.

Approve the travel request - Councilman Kirby Metoxen - 2019 Native American

Tourism of Wisconsin conference - Odanah, WI - June 9-11, 2019 (00:35:54)

Sponsor: Kirby Metoxen, Councilman

Motion by Ernie Stevens III to approve the travel request for Councilman Kirby Metoxen to attend the

2019 Native American Tourism of Wisconsin (NATOW) conference in Odanah, WI - June 9-11, 2019,

noting NATOW is funding this travel, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III

Abstained:

Kirby Metoxen

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

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C.

Approve the travel request - Councilman Kirby Metoxen and one (1) staff member Disinterment from Carlisle Boarding School - Carlisle, PA - June 17-21, 2019

(00:36:38)

Sponsor: Kirby Metoxen, Councilman

Motion by David P. Jordan to approve the travel request for Councilman Kirby Metoxen and one (1)

staff member to attend the Disinterment from Carlisle Boarding School in Carlisle, PA - June 17-21,

2019, seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III

Abstained:

Kirby Metoxen

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

D.

Approve the travel request - Councilwoman Jennifer Webster - Administration of

Children & Families Tribal Advisory Committee meeting - Washington DC - May 2831, 2019 (00:39:47)

Sponsor: Jennifer Webster, Councilwoman

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

the Administration of Children & Families Tribal Advisory Committee meeting in Washington DC - May

28-31, 2019, noting this is grant-funded/will be reimbursed, seconded by Kirby Metoxen. Motion

carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

E.

Enter e-poll results into the record regarding approved the travel request for ViceChairman Brandon Stevens to attend the Spring Haskell BOR meeting in

Lawrence, KS - May 7-10, 2019 (00:40:26)

Sponsor: Lisa Summers, Secretary

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

request for Vice-Chairman Brandon Stevens to attend the Spring Haskell Board of Regents meeting in

Lawrence, KS - May 7-10, 2019, seconded by Trish King. Motion carried:

Ayes:

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

Abstained:

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

X.

NEW BUSINESS

A.

Approve the reallocation of $3,000 from the OBC Special Projects line to cover

travel expenses to the Addressing Homelessness in Tribal Areas trainings

(00:41:38)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to approve the reallocation of $3,000 from the OBC Special Projects line to

cover travel expenses to the Addressing Homelessness in Tribal Areas trainings, seconded by Ernie

Stevens III. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

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B.

Re-post one (1) vacancy - Oneida Community Library Board (00:42:15)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to repost one (1) vacancy for the Oneida Community Library Board,

seconded by Ernie Stevens III. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

C.

Repost one (1) vacancy - Oneida Police Commission (00:42:40)

Sponsor: Lisa Summers, Secretary

Motion by Kirby Metoxen to repost one (1) vacancy for the Oneida Police Commission, seconded by

Trish King. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

D.

Repost two (2) vacancies - Oneida Nation School Board (00:43:05)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to repost two (2) vacancies for the Oneida Nation School Board, noting

these are parent positions, seconded by Ernie Stevens III. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

E.

Approve a limited waiver of sovereign immunity - Schiavi Seeds LLC HEMP Seed

Stewardship Agreement - file # 2019-0363 (00:44:25)

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

Motion by Trish King to approve a limited waiver of sovereign immunity for the Schiavi Seeds LLC

HEMP Seed Stewardship Agreement - file # 2019-0363, seconded by Daniel Guzman King. Motion

carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

F.

Approve a limited waiver of sovereign immunity - Cultivas Bio LLC Purchase and

Sales Agreement - file # 2019-0477 (00:46:43)

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

Motion by David P. Jordan to move item X.F. Approve a limited waiver of sovereign immunity - Cultivas

Bio LLC Purchase and Sales Agreement - file # 2019-0477 to executive session and delete from the

public record, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

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G.

Approve a limited waiver of sovereign immunity - Konopie LLC Master Purchasing

Agreement - file # 2019-0479 (00:47:20)

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

Motion by Daniel Guzman King to approve a limited waiver of sovereign immunity for the Konopie LLC

Master Purchasing Agreement - file # 2019-0479, seconded by Ernie Stevens III. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

H.

Approve amendment # 2 to the Memorandum of Agreement for U.S. Indian Health

Service-Bemidji Area project # BE-18-K34 (00:48:33)

Sponsor: Jacque Boyle, Division Director/Public Works

Motion by David P. Jordan to approve amendment # 2 to the Memorandum of Agreement for U.S.

Indian Health Service-Bemidji Area project # BE-18-K34, seconded by Daniel Guzman King. Motion

carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

I.

Enter e-poll results into the record regarding approved the MOU between the

WisDOT and Oneida Nation - file # 2019-0298 and authorization for the Chairman to

sign (00:49:13)

Sponsor: Lisa Summers, Secretary

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

Memorandum of Agreement between the Wisconsin Department of Transportation and Oneida Nation

- file # 2019-0298 and authorization for the Chairman to sign, seconded by Kirby Metoxen. Motion

carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Item XII.A. is addressed next.

XI.

REPORTS (01:08:07)

Meeting called to order by Chairman Tehassi Hill at 1:31 p.m.

Roll call for the record:

Present: Chairman Tehassi Hill; Councilman Daniel Guzman King; Councilman David P. Jordan;

Treasurer Trish King; Councilman Kirby Metoxen; Councilman Ernie Stevens III;

Not Present: Vice-Chairman Brandon Stevens; Secretary Lisa Summers; Councilwoman Jennifer

Webster;

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A.

OPERATIONAL

1.

Accept the Human Services Service Group FY-2019 2nd quarter report

(01:08:30)

Motion by David P. Jordan to accept the Human Services Service Group FY-2019 2nd quarter report,

seconded by Trish King. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

2.

Accept the Housing Service Group FY-2019 2nd quarter report (01:18:15)

Motion by Trish King to accept the Housing Service Group FY-2019 2nd quarter report, seconded by

Daniel Guzman King. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Item XI.A.5. is addressed next.

3.

Accept the Planning, Zoning and Development Service Group FY-2019 2nd

quarter report (02:23:20)

Motion by David P. Jordan to accept the Planning, Zoning and Development Service Group FY-2019

2nd quarter report, seconded by Trish King. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Item IX.A. is re-addressed next.

4.

Accept the Government Administration Service Group FY-2019 2nd quarter

report (01:39:20)

Motion by David P. Jordan to accept the Government Administration Service Group FY-2019 2nd

quarter report, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Item XI.A.7. is addressed next.

5.

Accept the Public Safety Service Group 2nd quarter report (01:31:45)

Motion by Trish King to accept the Public Safety Service Group 2nd quarter report, seconded by Ernie

Stevens III. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Item XI.A.4. is addressed next.

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6.

Accept the Utilities, Wells, Wastewater and Septic Service Group FY-2019 2nd

quarter report (01:50:55)

Motion by Trish King to accept the Utilities, Wells, Wastewater and Septic Service Group FY-2019 2nd

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

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Item XI.A.8. is addressed next.

7.

Defer the Education and Literacy Service Group FY-2019 2nd quarter report

(01:49:40)

Motion by David P. Jordan to defer the Education and Literacy Service Group FY-2019 2nd quarter

report to the May 22, 2019, regular Business Committee meeting, seconded by Trish King. Motion

carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Item XI.A.6. is addressed next.

8.

Accept the Building and Property Maintenance Service Group FY-2019 2nd

quarter report (02:00:35)

Motion by David P. Jordan to accept the Building and Property Maintenance Service Group FY-2019

2nd quarter report, seconded by Trish King. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Item XI.A.3. is addressed next.

XII.

GENERAL TRIBAL COUNCIL

A.

Approve the meeting minutes portion of the July 2019 semi-annual GTC meeting

packet (00:49:55)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the meeting minutes portion of the July 2019 semi-annual GTC

meeting packet, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

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B.

Schedule a special Business Committee meeting on June 3, 2019, at 1:30 p.m. to

approve the 2019 semi-annual GTC meeting materials (00:52:40)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to schedule a special Business Committee meeting on June 3, 2019, at

1:30 p.m. to approve the 2019 semi-annual GTC meeting materials, seconded by Trish King. Motion

carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

XIII.

EXECUTIVE SESSION (00:53:30)

Motion by Trish King to go into executive session at 9:24 a.m., seconded by David P. Jordan. Motion

carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Motion by David P. Jordan to come out of executive session at 9:28 a.m., seconded by Trish King.

Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

A.

REPORTS

1.

Accept the Gaming General Manager FY-2019 2nd quarter executive report

(00:54:35)

Sponsor: Louise Cornelius, Gaming General Manager

Motion by Ernie Stevens III to accept the Gaming General Manager FY-2019 2nd quarter executive

report, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

2.

Accept the Environmental, Health, Safety & Land Division FY-2019 2nd quarter

executive report (00:55:15)

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

Motion by Trish King to accept the Environmental, Health, Safety & Land Division FY-2019 2nd quarter

executive report, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

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3.

Accept the Comprehensive Housing Division FY-2019 2nd quarter executive

report (00:55:35)

Sponsor: Dana McLester, Division Director/Comprehensive Housing

Motion by Kirby Metoxen to accept the Comprehensive Housing Division FY-2019 2nd quarter

executive report, seconded by Trish King. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

4.

Accept the Human Resources FY-2019 2nd quarter executive report (00:55:55)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Motion by Trish King to accept the Human Resources FY-2019 2nd quarter executive report as

information only, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III

Abstained:

David P. Jordan

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

5.

Accept the Retail Enterprise FY-2019 2nd quarter executive report (00:57:55)

Sponsor: Michele Doxtator, Area Manager/Retail Profits

Motion by David P. Jordan to accept the Retail Enterprise FY-2019 2nd quarter executive report,

seconded by Ernie Stevens III. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Motion by David P. Jordan to send the discussion regarding budget projections to the June 18, 2019,

BC Work Session, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

6.

Accept the Emergency Management FY-2019 2nd quarter executive report

(00:58:45)

Sponsor: Kaylynn Gresham, Director/Emergency Management

Motion by Trish King to accept the Emergency Management FY-2019 2nd quarter executive report,

seconded by David P. Jordan. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Motion by Trish King to direct that all operations, divisional and non-divisional, ensure compliance with

the BC resolution # 03-14-07-A Nation Incident Management System within six (6) months, seconded

by David P. Jordan. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

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7.

Accept the Chief Counsel report (00:59:32)

Sponsor: Jo Anne House, Chief Counsel

Motion by Kirby Metoxen to accept the Chief Counsel report dated May 7, 2019, seconded by David P.

Jordan. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Motion by Trish King to approve the legal services contract with Hobbs Straus Dean and Walker LLP

file # 2019-0522, seconded by David P. Jordan. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

B.

UNFINISHED BUSINESS

1.

Complete the Retail Variance report follow up (01:00:15)

Sponsor: Tehassi Hill, Chairman

Motion by Trish King to accept the discussion regarding the Retail Variance report follow up as

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

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

C.

NEW BUSINESS

1.

Discuss concern regarding areas under GM DR07 and BC DR04 (01:00:40)

Sponsor: David P. Jordan, Councilman

Motion by Trish King to direct the General Manger and Chief Counsel to follow up on the identified

concerns and bring back a report in 30 days, seconded by David P. Jordan. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

2.

Review application(s) for seven (7) vacancies - Oneida Nation Arts Board

(01:01:06)

Sponsor: Lisa Summers, Secretary

Motion by Ernie Stevens III to accept the discussion regarding the applications(s) for seven (7)

vacancies on the Oneida Nation Arts Board as information, seconded by David P. Jordan. Motion

carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

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3.

Review and approve the Annual Project Targets report for BC DR04 (01:01:27)

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers,

Secretary; Trish King, Treasurer

Motion by Kirby Metoxen to accept the discussion and the Annual Project Targets report for BC DR04

as information, seconded by Ernie Stevens III. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

4.

Review and approve the Annual Project Targets report for BC DR05 (01:01:54)

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers,

Secretary; Trish King, Treasurer

Motion by Kirby Metoxen to accept the discussion and the Annual Project Targets report for BC DR05

as information, seconded by David P. Jordan. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

5.

Review and approve the Annual Project Targets report for BC DR06 (01:02:16)

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers,

Secretary; Trish King, Treasurer

Motion by Ernie Stevens III to accept the discussion and the Annual Project Targets report for BC

DR06 as information, seconded by David P. Jordan. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

6.

Review and approve the Annual Project Targets report for BC DR07 (01:02:37)

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers,

Secretary; Trish King, Treasurer

Motion by David P. Jordan to accept the discussion and the Annual Project Targets report for BC

DR07 as information, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

7.

Review and approve the Annual Project Targets report for BC DR09 (01:02:58)

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers,

Secretary; Trish King, Treasurer

Motion by Kirby Metoxen to accept the discussion and the Annual Project Targets report for BC DR09

as information, seconded by David P. Jordan. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

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8.

Review and approve the Annual Project Targets report for BC DR10 (01:03.:23)

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers,

Secretary; Trish King, Treasurer

Motion by David P. Jordan to accept the discussion and the Annual Project Targets report for BC

DR10 as information, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

9.

Review and approve the Annual Project Targets report for BC DR12 (01:03:50)

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers,

Secretary; Trish King, Treasurer

Motion by Kirby Metoxen to accept the discussion and the Annual Project Targets report for BC DR12

as information, seconded by David P. Jordan. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

10.

Review and approve the Annual Project Targets report for GM DR01 (01:04:10)

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa

Summers, Secretary; Trish King, Treasurer

Motion by David P. Jordan to accept the discussion and the Annual Project Targets report for GM

DR01 as information, seconded by Kirby Metoxen. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen

Abstained:

Daniel Guzman King, Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

11.

Review and approve the Annual Project Targets report for GM DR02 and GM

DR03 (01:04:35)

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa

Summers, Secretary; Trish King, Treasurer

Motion by David P. Jordan to accept the discussion and the Annual Project Targets report for GM

DR02 and GM DR03 as information, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

12.

Review and approve the Annual Project Targets report for GM DR04 (01:05:02)

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa

Summers, Secretary; Trish King, Treasurer

Motion by Kirby Metoxen to accept the discussion and the Annual Project Targets report for GM DR04

as information, seconded by David P. Jordan. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

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13.

Review and approve the Annual Project Targets report for GM DR05 (01:05:27)

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa

Summers, Secretary; Trish King, Treasurer

Motion by Kirby Metoxen to accept the discussion and the Annual Project Targets report for GM DR05

as information, seconded by David P. Jordan. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

14.

Review and approve the Annual Project Targets report for GM DR06 (01:05:48)

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa

Summers, Secretary; Trish King, Treasurer

Motion by Kirby Metoxen to accept the discussion and the Annual Project Targets report for GM DR06

as information, seconded by David P. Jordan. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

15.

Review and approve the Annual Project Targets report for GM DR07 (01:06:12)

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa

Summers, Secretary; Trish King, Treasurer

Motion by David P. Jordan to accept the discussion and the Annual Project Targets report for GM

DR07 as information, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Abstained:

Daniel Guzman King

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

16.

Review and approve the Annual Project Targets report for GM DR08 (01:06:32)

Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa

Summers, Secretary; Trish King, Treasurer

Motion by Kirby Metoxen to accept the discussion and the Annual Project Targets report for GM DR08

as information, seconded by Trish King. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen

Abstained:

Daniel Guzman King, Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

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17.

Approve a limited waiver of sovereign immunity - Cultivas Bio LLC Purchase

and Sales Agreement - file # 2019-0477 (01:07:10)

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

Motion by Trish King to approve a limited waiver of sovereign immunity for the Cultivas Bio LLC

Purchase and Sales Agreement - file # 2019-0477, seconded by Daniel Guzman King. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Motion by Trish King to recess at 9:42 a.m. until 1:30 p.m., seconded by David P. Jordan. Motion

carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Item XI. is addressed next.

XIV.

ADJOURN (02:28:50)

Motion by David P. Jordan to adjourn at 2:52 p.m., seconded by Ernie Stevens III. Motion carried:

Ayes:

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

Ernie Stevens III

Not Present:

Brandon Stevens, Lisa Summers, Jennifer Webster

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

.

____________________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 18 of 18

May 08, 2019

Public Packet

30 of 126

Oneida Business Committee Agenda Request

Adopt resolution entitled Approval of Use of Economic Development, Diversification and Community...

1. Meeting Date Requested:

5

/ 22 / 19

2. General Information:

Session:

Open

Agenda Header:

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

Resolutions

Accept as Information only

Action - please describe:

Request to approve resolution to support the use of Economic Development, Diversification, and

Community Development Fund for Project ED 18-007, Industrial Hemp Pilot Project

3. Supporting Materials

Report

Resolution

Contract

Other:

1. SOE

3.

2. Back Up Information

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Patrick Pelky, Division Director/EHSLD

Primary Requestor/Submitter:

Michael Troge, Project Manager, Eco-Services

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

The Hemp Team has compiled a Hemp Pilot Project plan to support the growing, marketing, risk, and legal

aspects of a hemp crop. This is a pilot project, therefore we are exploring many paths that are guiding the hemp

industry including grain, fiber, and CBD. This resolution and request for a budget increase will allow the Hemp

Team to pursue the next phase that include harvest and drying of hemp product.

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

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

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

Page 2 of 2

Public Packet

Oneida Nation

32 of 126

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution #

Approval of Use of Economic Development, Diversification and Community Development Fund for

Project ED18-007, Industrial Hemp Pilot Project on May 22, 2019

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

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

WHEREAS,

the Economic Development, Diversification and Community Development Fund was

created by resolutions # BC-09-28-16-B, BC-09-28-16-B and the procedures for use of the

fund set forth in resolution # BC-12-12-18-B, Updating and Clarifying Access to the

Economic Development, Diversification and Community Development Fund; and

WHEREAS,

the ED18-007 Industrial Hemp Project Team has requested an additional allocation of

$60,000 from the Fund to support the 2019 Industrial Hemp Pilot Project, for the necessary

supplies and equipment to carry out the work planed for the 2019 growing season; and

WHEREAS,

in accordance with resolution # BC-12-12-18-B, Resolve #3, the Community and Economic

Development Division Director has submitted an agenda request approving the request as

consistent with the purposes of the fund;

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee does approve the allocation of

$90,000 from the Economic Development, Diversification and Community Development Fund for the

purposes of supporting Project ED18-007, to fulfill the requirements of the Industrial Hemp Pilot Project and

has designated Pat Pelky as being the party responsible for overseeing the expenditure of these funds.

Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Approval of Use of Economic Development, Diversification and Community Development Fund

for Project ED18-007, Industrial Hemp Pilot Project on May 22, 2019

Summary

The resolution approves the allocation of $60,000 from the Economic Development,

Diversification and Community Development Fund for the purpose of supporting Project ED18007.

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

Date: May 14, 2019

Analysis by the Legislative Reference Office

The Economic Development, Diversification and Community Development Fund (“the Fund”)

was created and reaffirmed by resolutions BC-09-28-16-B, BC-07-12-17-A, BC-12-12-18-B, and

BC-01-23-19-C.

The Industrial Hemp Project Team has requested an additional allocation of $60,000 from the Fund

to support the 2019 Industrial Hemp Pilot Project, for the necessary supplies and equipment to

carry out the work planed for the 2019 growing season.

Resolution BC-01-23-19-C requires the Community and Economic Development Division

Director to review every request for use of the Fund, determine if the proposed use is consistent

with the Fund, and provide a written recommendation to the Oneida Business Committee regarding

whether to authorize funds to be allocated from the Fund to a specific project.

This resolution states that this requirement was met by the action of the Community and Economic

Development Division Director submitting an agenda request approving the request as consistent

with the purposes of the fund.

Resolution BC-01-23-19-C also requires that the Oneida Business Committee be responsible for

authorizing use of the Fund by a resolution clearly identifying the amount of funds authorized and

purpose of the funds, which may be identified by a contract number, CIP number, economic

development opportunity number or other easily trackable number or designation, and the

employee responsible for authorizing expenditures of the authorized amount.

This resolution states that the Oneida Business Committee does approve the allocation of $60,000

from the Fund for the purposes of supporting Project ED18-007, to fulfill the requirements of the

Industrial Hemp Pilot Project and has designated Pat Pelky as being the party responsible for

overseeing the expenditure of these funds.

Conclusion

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

Page 1 of 1

Public Packet

From:

Sent:

To:

Cc:

Subject:

Attachments:

34 of 126

Troy D. Parr

Tuesday, May 14, 2019 1:53 PM

Jennifer A. Falck; Michael F. Troge

Patrick J. Pelky; Grace K. Koehler; Lisa A. Liggins

Updated Submittal Packet - 18-007 Request

Econ Dev Set Aside request for hemp 05-13-19.pdf; Memo to OBC regarding 18-007

Industrial Hemp Pilot Project Fundign Request_2019-0514.pdf; Resolution economic and Community Development Fund Project ED18-007.docx; 12-12-18-B

Updating & Clarifying EDDCD Fund.pdf; BC Resolution #04-25-18-J.pdf

Attached please find the update packet for the 18‐007 Resolution request. There were a couple of

references and typos that needed to be correct. Please delete previous, and use this for the submittal.

Again, Mike Troge will be providing the agenda request.

yaw^?kó∙ (Thank you!)

TROY D. PARR, AIA, LEED®AP[BD+C]

Oneida Architect / Division Director

Community & Economic Development Division

office 920.869.4529

cell 920.562.7535

fax 920.869.1610

PO Box 365

Oneida, WI 54155-0365

www.oneida-nsn.gov

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Administration

Memo

To:

Community & Economic Development Division

Oneida Business Committee

From: Troy D. Parr, AIA, Community & Economic Development Division Director

CC:

Pat Pelky, Environmental Health, Safety and Land Director

Date: May 13, 2019

Re:

Recommendation for for use of the Economic Diversification and Community

Development Set‐aside Fund – ED#18‐007 Industrial Hemp Pilot Project

Background

The Oneida Nation has engaged in a concerted project to develop new emerging markets and

revenue streams through its agribusiness market expansion efforts. As part of this effort, the

Oneida Nation launched an Economic Development Project entitled ED18‐007 Industrial Hemp

Pilot Project. This project was initially funded through the Economic Diversification and

Community Development Set‐aside Fund at a funding level of $60,000 prior, by CDPC on April

18, 2019 (see attached). Additionally, the Industrial Hemp Pilot Project was supported by the

Oneida Business Committee in BC Resolution #04‐28‐18‐J.

Findings after Review

In accordance with the latest OBC Resolution #12‐12‐18‐B in my opinion, this appears to be an

appropriate use of the Economic, Diversification and Community Development fund and I can

offer my recommendation to support this Funding request. This agribusiness pilot project will

support future economic growth and development of new emerging market revenue streams

on the Oneida Reservation. The current request, plus the previously requested funds approved

by CDPC, bring this total funding request to $90,000 for the ED18‐007 Industrial Hemp Pilot

Project.

In Closing

Economic Development and creation of new revenue streams is essential to the future of the

Oneida Nation’s sustainability and survival. Agriculture is inherent to the Oneida Nation way of

life, and this agribusiness opportunity aligns with the agribusiness efforts that are identified in

the 2018 Economic Development Strategic Plan. This funding allocation will support the Oneida

Nation’s economic development plans on the Oneida Reservation.

Attachments: BC Resolution #12‐12‐18‐B; BC Resolution #04‐28‐18‐J; III.a.2019 04 18 CDPC Minutes; Memo

requesting fund use from Michael Troge, dated May 13, 2019.

N7332 Water Circle Place • P.O. Box 365 • Oneida, WI 54155

oneida‐nsn.gov

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36 of 126

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 04-25-18-J

Support for Industrial Hemp Pilot Program 2018-2019

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

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

WHEREAS,

industrial hemp is a plant that is “estimated for use in more than 25,000 products

spanning nine markets,” www.NCSL.org, State Industrial Hemp Statutes; and

WHEREAS,

industrial hemp is a federally regulated product under the 21 U.S.C. 812, et seq., as a

Schedule I Drug, as updated in the federal regulations; and

WHEREAS,

the Agricultural Act of 2014, the 2014 Farm Bill, included a section 7606 which “legalized

the growing and cultivating of industrial hemp for research purposes in States where such

growth and cultivation is legal under Federal statutes that would otherwise criminalize

such conduct,” U.S. Dept. of Agriculture, Department of Justice, and Department of

Health and Human Services, Federal Register 81(156), p. 53395; and

WHEREAS,

the State of Wisconsin adopted 2017 Act 100 which authorized growing and processing

of industrial hemp if the grower or processor obtains the appropriate state licenses which

are being issued between March 1 and May 1, 2018, www.dactcp.wi.gov; and

WHEREAS,

the WI Department of Agriculture, Trade and Consumer Protection has identified

processes regarding licensing and has cautioned growers that there are currently no

registered seed importers recognized through the state by the U.S. Drug Enforcement

Agency to sell or transport seeds across state lines, www.dactcp.wi.gov; and

WHEREAS,

the Oneida Business Committee requested research into growing industrial hemp and

any legal issues associated with that business activity through the Community

Development and Planning Committee (CDPC); and

WHEREAS,

the CDPC requested the Community and Economic Development Division to provide an

initial review and study of the opportunity to enter the industrial hemp growing and

processing industry; and

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BC Resolution # 04-25-18-J

Support for Industrial Hemp Pilot Program 2018-2019

Page 2 of 2

WHEREAS,

the Community and Economic Development Division Director has returned a report to the

CDPC and the CDPC has recommended that a study be conducted on a pilot project by

participating in the state industrial hemp licensing program; and

WHEREAS,

the Oneida Business Committee desires to support such recommendation by the CDPC

and the Community and Economic Development Division Director;

NOW THEREFORE BE IT RESOLVED, the Community and Economic Development Division Director

and the Environmental, Health, Safety and Land Division Director is directed the implement the industrial

hemp grower pilot project for 2018-2019.

BE IT FURTHER RESOLVED, the Community and Economic Development Division Direct and the

Environmental, Health, Safety and Land Division Director shall:

1. comply with the requirements of federal law and the requirements of the State of Wisconsin

industrial hemp pilot program;

2. coordinate as necessary with federal and state regulators to insure compliance with federal and

state laws;

3. identify a project manager responsible for this business opportunity; and

4. develop and present a regular reporting schedule to the Oneida Business Committee on the

status of the project and proposed next steps, which may include the development of a business

plan for approval.

BE IT FINALLY RESOLVED, the Oneida Business Committee believes that growing industrial hemp is a

viable profitable business opportunity which the Nation should pursue, recognizing that federal law

creates an exception which requires growers to comply with the requirements of state pilot programs, and

there is some uncertainty regarding the extent to which compliance with state pilot program requirements

satisfies all of the requirements of federal laws and regulations, or whether growers must take additional

steps to comply with federal laws and regulations and that employees act in accordance with federal and

state laws and regulations to avoid any potential liability arising out of growing this regulated plant.

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; 6 members

were present at a meeting duly called, noticed and held on the 25th day of April, 2018; that the forgoing

resolution was duly adopted at such meeting by a vote of 5 members for, 0 members against, and 0

members not voting; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Summers, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 12-12-18-B

Updating and Clarifying Access to the Economic Development, Diversification and Community

Development Fund

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

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

WHEREAS,

the Oneida Business Committee adopted resolution # BC-09-28-16-B, Assignment of

Return on Investment from OTIE to Economic Development and Diversification, which

created a set-aside until an endowment could be created and directed development and

adoption of standard operating procedures for the use of the restricted funds; and

WHEREAS,

the Treasurer has proposed the development of an economic development corporation,

‘Oneida Development Holdings, Inc.,’ and identifying the development of the endowment

creation resolution, to fulfill the directives of resolution # BC-09-28-16-B; and

WHEREAS,

the Oneida Business Committee approved the creation of the Community & Economic

Development Division and authorized the transition into finalizing this action; and

WHEREAS,

the Oneida Business Committee approved the following Vision and Mission statements for

the new division:

Vision: To elevate the Oneida Nation by providing community & economic

development practices that nurture and sustain Oneida families to prosperity.

Mission: To strategically implement systems that foster sustainable development

and commerce growth that reflect Tsiʔniyukwalihotʌ (our ways) with innovative

approaches that enrich the natural, built and business environments; and

WHEREAS,

the original resolution adopted in 2016 regarding the OTIE disbursements do not accurately

reflect the direction given to the Community & Economic Development Division; and

WHEREAS,

OTIE has been reorganized as a subsidiary under the OESC Group, LLC; and

WHEREAS,

the Oneida Business Committee desires to update the 2016 resolution to correctly reflect

the goals of community development and economic development; and

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BC Resolution # 12-12-18-B

Updating and Clarifying Access to the Economic Development, Diversification and Community

Development Fund

Page 2 of 3

WHEREAS,

the Oneida Business Committee has reviewed the Economic Development, Diversification

and Community Development Fund uses and processes in the prior two years and has

determined that it is an appropriate time to update the processes and to allow for greater

tracking of the amount of the fund and use of the funds.

Allocation of Dividends and Revenues

NOW THEREFORE BE IT RESOLVED, that resolutions # BC-09-28-16-B and # BC-07-12-17-A are

reaffirmed as to the creation of the Economic Development, Diversification and Community Development

Fund and superseded regarding processes for access, tracking amount of the fund and use of the funds.

BE IT FURTHER RESOLVED, that the dividends and revenues from OESC Group, LLC and its subsidiaries

shall be allocated to the Economic Development, Diversification and Community Development Fund. The

interest income generated by any balance shall not accrue to the Economic Development, Diversification

and Community Development Fund.

Review and Recommend for Use of Funds

BE IT FURTHER RESOLVED, that the Community and Economic Development Division Director shall

review every request for use of the fund, determine if the proposed use is consistent with the fund, and

provide a written recommendation to the Oneida Business Committee regarding whether to authorize funds

to be allocated from the Economic Development, Diversification and Community Development Fund to a

specific project identified by a contract number, CIP number, economic development opportunity number

or other easily trackable number or designation.

Authorization to Use Funds

BE IT FURTHER RESOLVED, that the Oneida Business Committee shall be responsible for authorizing

use of the Economic Development, Diversification and Community Development Fund by a resolution

clearly identifying the amount of funds authorized and purpose of the funds, which may be identified by a

contract number, CIP number, economic development opportunity number or other easily trackable number

or designation, and the employee responsible for authorizing expenditures of the authorized amount.

Tracking Balance and Use of Funds

BE IT FURTHER RESOLVED, that the Community and Economic Development Division Director shall be

responsible for maintaining a list of authorized uses and amounts annually forwarding that list to the Chief

Financial Officer who shall notify the Committee and Economic Development Division Director of the

beginning balance in each fiscal year and authorize access to reports which identify the withdrawals from

the fund.

Allocation of Funds Once Authorized

BE IT FURTHER RESOLVED, that the Chief Financial Officer shall create the necessary accounts to

identify the Economic Development, Diversification and Community Development Fund, allocations and

withdrawals, including transfer of funds to a contract, CIP project, economic development opportunity or

other authorized activity within the appropriate business unit.

BE IT FURTHER RESOLVED, that the Community and Economic Development Division Director shall, on

an annual basis, obtain a reconciliation from any party authorized to utilize the funds, which may be

conducted in conjunction of an internal audit or assistance from the Accounting Department.

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BC Resolution # 12-12-18-B

Updating and Clarifying Access to the Economic Development, Diversification and Community

Development Fund

Page 3 of 3

Standard Operating Procedures

BE IT FINALLY RESOLVED, that the Community and Economic Development Division Director and the

Chief Financial Officer shall create necessary standard operating procedures consistent with this resolution.

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; 8 members

were present at a meeting duly called, noticed and held on the 12th day of December, 2018; that the forgoing

resolution was duly adopted at such meeting by a vote of 7 members for, 0 members against, and 0

members not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Summers, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."

Public Packet

Community Development Planning Committee

CDPC Regular Meeting

8:30am –9:00amThursday, April 18, 2019

Business Committee Conference Room

Minutes - DRAFT

Present: Ernest Stevens III, Daniel Guzman King, Kirby Metoxen

Others Present: Susan Doxtator, Eugene Schubert, Joannie Buckley, Mike Troge, Rae

Skenandore, Stacie Cutbank, Jacque Boyle, Troy Parr, Patrick Pelky, Paul Witek

I.

Call to Order and Roll Call

Meeting called to order at 9:10 a.m. by Ernest Stevens III with Daniel Guzman King Kirby

Metoxen.

II.

Adopt the Agenda

Motion by Daniel Guzman King to approve the agenda; seconded by Kirby Metoxen. Motion

carried unanimously.

Motion by Daniel Guzman King to add Oneida Nation Hemp Project update to the agenda and

add Oneida Nation Hemp Project as a standing update; seconded by Kirby Metoxen. Motion

carried unanimously.

III.

Meeting Minutes

a. Meeting Minutes from March 7, 2019

Motion by Kirby Metoxen to approve the agenda; seconded by Daniel Guzman King. Motion

carried unanimously.

IV.

Unfinished Business

V.

Standing Updates

a. Energy Team Monthly Update – Ernest Stevens III, Michael Troge

Motion by Daniel Guzman King to accept the update; seconded by Kirby Metoxen. Motion

carried unanimously.

b. Housing Updates

Strategic housing team would like to have their own standing update on the CDPC.

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Motion by Daniel Guzman King to accept the report and to move Housing updates and all

subsections to under Strategic Housing Team Update; seconded by Kirby Metoxen. Motion

carried unanimously.

1. Small Homes Monthly Update – Daniel Guzman–King, Planning

2. Low Income Housing Tax Credits Monthly Update – Dana McLester

c. Upper Oneida Monthly Update – Oneida Planning Department

Motion by Daniel Guzman King to come back with a draft CIP package for next months CDPC

Meeting; seconded by Kirby Metoxen. Motion carried unanimously.

d. Food Innovation Center Monthly Update – Joanie Buckley

Motion by Daniel Guzman King to accept the Food Innovation Center Monthly update; seconded

by Kirby Metoxen. Motion carried unanimously.

e. 200 Year Celebration Monthly Update – Susan Doxtator, Planning

Motion by Kirby Metoxen to approve the verbal update; seconded by Daniel Guzman King.

Motion carried unanimously.

f.

Oneida Nation Hemp Project

Motion by Kirby Metoxen to approve the verbal update; seconded by Daniel Guzman King.

Motion carried unanimously.

Motion by Daniel Guzman King accept the discussion accept the update and except the Oneida

Nation Hemp Project plan; seconded by Kirby Metoxen. Motion carried unanimously.

Motion by Daniel Guzman King to direct Community Development Director and the Hemp team

to draft a resolution to activate $60,000.00 from the Community Economic Development Fund

for equipment to execute the Oneida Nation Hemp Project plan; seconded by Kirby Metoxen.

Motion carried unanimously.

VI.

New Business

VII.

Adjourn

Motion by Daniel Guzman King to adjourn at 12:30p.m.; seconded by Kirby Metoxen. Motion

carried unanimously.

2

Public Packet

Oneida Nation

Michael Troge

Project Manager

P.O. Box 365

Oneida, WI 54155

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Environmental, Health, Safety & Land

Division

May 13, 2019

To:

Oneida Business Committee, Troy Parr

From: Michael Troge, Hemp Pilot Project Manager

Cc:

Patrick Pelky, William Vervoort, Gene Schubert

Re:

Economic Development Set-Aside Funds

The Hemp Pilot Project Team has made a lot of progress to develop a plan and procure hemp

seed to grow industrial hemp on Oneida Nation land. This pilot project is intending to plant four

varieties of hemp that span the different industry products – fiber, grain, and CBD. Our seed

vendors have facilities in place, are well established in the industry, meet federal & state

requirements, and market seed varieties that have some level of certification across the country.

Two of the vendors have facilities in the local area. The Hemp team is addressing and meeting

the technical, financial, and legal issues as well as managing for risk associated with this new

industry. The Community Development Planning Committee and the Hemp Team have been

working together to accomplish the actions that will support a successful pilot study. Thirty-one

acres are reserved for this hemp crop. Planting is scheduled to commence in early June.

The initial budget of $30,000 has been used for state licensing, agronomic support, travel, seed

purchase, sowing, sampling, and testing of hemp crops. Harvest and Drying of the hemp crop

will be the next phase. The Hemp Team requests that the Business Committee consider

approving $60,000 from the Economic Development Set-Aside Funds to support activities and

equipment that are listed below.

Tiller

$10,000

Tsyunhehka multi-purpose equipment

Grain bin upgrades

$5,000

Existing Nation-owned equipment

Fuel

$3,000

Fertilizer

$9,000

Organic fertilizer products and support

Equipment lease

$3,000

Specialized equipment needs

Custom services

$5,000

Contract services primarily for harvest

Drying facility

$3,000

CBD drying to promote labor efficiency

Drying equipment

$9,000

Promotes active drying

Agronomic support

$9,000

Consulting and personnel support

Little Bear Development Center

N7332 Water Circle Place

P.O. Box 365

Oneida, WI 54155

Land Management Office

470 Airport Drive

P.O. Box 365

Oneida, WI 54155

Conservation Field Office

N8047 Cty Road U

P.O. Box 365

Oneida, WI 54155

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Oneida Business Committee Agenda Request

Adopt resolution entitled Oneida Nation Support of Sports Betting Core Principles

1. Meeting Date Requested:

5

/ 22 / 19

2. General Information:

Session:

Open

Agenda Header:

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

Resolutions

Accept as Information only

Action - please describe:

Adopt the Sports Wagering Core Principles Resolution.

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:

Jo Anne House, Chief Counsel

Primary Requestor/Submitter:

Krystal John, Staff Attorney/Law Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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BC Resolution ______________

Oneida Nation Support of Sports Betting Core Principles

WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty

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

WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida

Nation; and

WHEREAS, the Oneida Business Committee has been delegated the authority of Article

IV, Section 1, of the Oneida Tribal Constitution by the Oneida General

Tribal Council; and

WHEREAS, in May of 2018, in Murphy v. National Collegiate Athletic Association, the United

States Supreme Court invalidated the Professional and Amateur Sports Protection

Act (PASPA), which made it illegal for most states to authorize or license sports

betting; and

WHEREAS, the invalidation of PASPA allowed for the expansion of sports betting on a stateby-state basis; and

WHEREAS, in accordance with Dairyland Greyhound Park, Inc., v. Doyle, Wisconsin Tribal

Nations are able to amend their Gaming Compacts to add additional Class III casino

games, such as sports betting; and

WHEREAS, the Oneida Nation has reviewed the Sports Book Betting Core Principles discussed

by Wisconsin Tribal Nations at the All Nations meeting held on March 4, 2019;

and

WHEREAS, the Sports Book Betting Core Principles establish tribal consensus for the minimum

framework for Gaming Compact Amendments with the Governor to include sports

betting as an available Class III game; and

WHEREAS, consensus is desired from all Wisconsin Tribal Nations, even those not interested

in pursuing compact amendments at this time, to ensure that each Wisconsin Tribal

Nations’ opportunities are protected to pursue sports wagering if and when the

Nation deems appropriate; and

WHEREAS, the Sports Betting Core Principles are as follows:

1. Maintain tribal gaming exclusivity in the gaming compacts.

2. Stress the importance of illegal gaming enforcement and clear reporting

channels for suspected illegal activity to push players from the illegal market to

the legal market, provide safety and maintain integrity of sporting events.

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3. Negotiate to avoid any increased percentage of payment under the gaming

compacts – the profit margins on sports book are low and cannot justify an

increased percentage of payment.

4. Avoid payment of any fees paid directly to the league in any form, including

the following:

a. Integrity Fees;

b. Official League Data Fees; and/or

c. Intellectual Property Licensing Fees.

5. Advocate to allow use of mobile application within tribal lands and not limited

to bricks and mortar to assist in fluidity of the game and converting players

from the illegal market.

6. Advocate to allow the full spectrum of sports betting offerings, including in

play wagers.

7. Agree the available sports betting market will be limited to collegiate and

professional sports and will not include wagering on youth sporting activities.

NOW THEREFORE BE IT RESOLVED, that the Oneida Nation is in support of the Core

Principles as identified in this Resolution.

Public Packet

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Oneida Business Committee Agenda Request

Adopt resolution entitled Interpretation of Resolution # BC-02-27-19-B, Regarding the Education Endowm

1. Meeting Date Requested:

05 / 22 / 19

2. General Information:

Session:

Open

Agenda Header:

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

Resolutions

Accept as Information only

Action - please describe:

Adopt resolution entitled Interpretation of Resolution # BC-02-27-19-B, Regarding the Education Endowment

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Statement of Effect (handout)

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Liggins, Chair/Oneida Nation School Board

Primary Requestor/Submitter:

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

48 of 126

Oneida Business Committee Agenda Request

6. Cover Memo:

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

+++BACKGROUND+++

The Tribal Treasurer and the Oneida Nation School Board (Board) met and discussed the future protections

regarding settlement funds received from the Ramah Navajo Chapter litigation. The Board determined that part

of the funds would be used immediately to provide technology and other support to the school system and the

remainder, $900,000.00, would be allocated to the Education Endowment. Resolution # BC-02-27-19-B was

adopted and created the Education Endowment.

The Board Chair was notified via email there were concerns from the school regarding the amount that had been

transferred to the Education Endowment. Per the info provided, the entire amount of the school's portion of the

settlement funds, not $900,000.00 as agreed upon, had been transferred to the endowment. The Board

discussed the issue at the rescheduled, regular May 16, 2019, meeting where the Board Chair notified the Board

that she would work with the OBC Liaison, Vice-Chairman Brandon Stevens, to find a solution, which may be a

clarifying resolution.

The Board Chair discussed the issue with the OBC Liaison and requested to work with Chief Counsel to determine

a solution to this issue; this request was approved. The Board Chair consulted with Chief Counsel and agreed

that the resolution BC-02-27-19-B did not clearly identify that $900,000.00 represented the “all remaining funds

from the Oneida Nation School Settlement”. Chief Counsel drafted the attached interpreting resolution to

provide that clarification. The Assistant Chief Finance Officer has reviewed the attached resolution and indicated

the adoption of this resolution should clear up any questions.

+++REQUESTED ACTION+++

Adopt resolution entitled Interpretation of Resolution # BC-02-27-19-B, Regarding the Education Endowment

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

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

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

Page 2 of 2

Public Packet

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Oneida Nation

Post Office Box 365

Phone: (920) 869-2214

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Oneida, WI 54155

BC Resolution # ____________

Interpretation of Resolution # BC-02-27-19-B, Regarding the Education Endowment

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

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

WHEREAS,

the Tribal Treasurer and the Oneida Nation School Board met and discussed the future

protections regarding settlement funds received from the Ramah Navajo Chapter litigation;

and

WHEREAS,

the Oneida Nation School Board determined that part of the funds would be used

immediately to provide technology and other support to the school system and the

remainder, $900,000.00, would be allocated to the Education Endowment; and

WHEREAS,

the Treasurer, Finance Committee and Oneida Business Committee were informed of this

intention; and

WHEREAS,

resolution # BC-02-27-19-B which created the Education Endowment accurately reflected

the transfer of $900,000.00 of school system settlement funds would be transferred, it was

not clearly identified that $900,000.00 represented the “all remaining funds from the Oneida

Nation School Settlement,” Resolve #1; and

WHEREAS,

the Oneida Business Committee and the Oneida Nation School Board desire to

memorialize an interpretation of the intent of the parties in resolution # BC-02-27-19-B; and

NOW THEREFORE BE IT RESOLVED, that Resolve #1 in resolution # BC-02-27-19-B is interpreted that

$900,000.00 from the Oneida Nation School System Ramah Navajo Chapter litigation settlement is

transferred to the Education Fund and, as identified by the Oneida Nation School Board, all remaining funds

shall be utilized for current needs as identified by the board.

NOW THEREFORE BE IT FINALLY RESOLVED, that the Chief Financial Officer is directed to finalize

any actions needed to correct the transfer, noting any interest that has been earned on the amount

erroneously in the endowment will remain in the endowment.

Public Packet

Approve the May 13, 2019, regular Finance Committee meeting minutes

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Public Packet

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MEMORANDUM

TO:

CC:

FR:

DT:

RE:

Finance Committee

Business Committee

Denise J. Vigue, Executive Assistant

May 14, 2019

E-Poll Results of: FC Meeting Minutes of May 13, 2019

An E-Poll vote of the Finance Committee was conducted to approve the 5/13/19

Finance Committee meeting minutes. The results of the completed E-Poll are as

follows:

E-POLL RESULTS:

There was a Majority 4 Y ES votes from Patrick Stensloff, Larry Barton,

Daniel Guzman King and Chad Fuss t o approve the May 13, 2019 Finance

Committee Meeting Minutes.

These Finance Committee Minutes of May 13, 2019 will be placed on the next

Business Committee agenda of May 22, 2019 for approval and placed on the next

Finance Committee agenda of June 3, 2019 to ratify this E-Poll action.

Per the Finance Committee By-Laws Article III-Meetings; Sect: 3-4 Quorum. Four (4) members of the Finance

Committee shall constitute a quorum. & Sect: 3-6 Voting. (d) The Finance Committee shall act by a majority of vote

of the quorum present at any meeting.

Finance Administration Office

Phone: 920- 869-4325

FAO@oneidanation.org

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FINANCE COMMITTEE

FC REGULAR MEETING

MAY 13, 2019 ▪ Time: 9:00 A.M.

BC Executive Conference Room

REGULAR MEETING MINUTES

FC REGULAR MEETING:

Patricia King, FC Chair/Treasurer

Daniel Guzman King, BC Council Member

Larry Barton, FC Vice-Chair/CFO

Patrick Stensloff, Purchasing Director

EXCUSED: Jennifer Webster, BC Council Member, Chad Fuss, AGGM-Finance (Gam. Alt.) and

Shirley Barber, FC Elder Member

OTHERS PRESENT: David Emerson, Ron Wurth, Ken Dennison and Denise J. Vigue taking Minutes

I.

CALL TO ORDER: The Regular FC Meeting was called to order by the FC Chair at 9:00 A.M.

II.

APPROVAL OF AGENDA: MAY 13, 2019

Motion by Larry Barton to approve the Finance Committee meeting agenda of May 13, 2019.

Seconded by Patrick Stensloff. Motion carried unanimously.

III.

APPROVAL OF MINUTES: MAY 6, 2019 (Approved via E-Poll on 5/7/19):

Motion by Patrick Stensloff to ratify the FC E-Poll action taken on May 7, 2019 approving the

May 6, 2019 Finance Committee Meeting Minutes. Seconded by Larry Barton. Motion carried

unanimously.

IV.

TABLED BUSINESS: None

V.

CAPITAL EXPENDITURES:

1.

Everi – Slot Games

David Emerson, Gaming Slots Dept.

Amount: $114,750.

David was present and explained this is a standard change over of machines on the floor for

maximum performance /profit; will use machines as a test bank and will be provided with free

conversions.

Motion by Patrick Stensloff to approve the Everi slot games Gaming Capital Expenditure in the

amount of $114,750.00. Seconded by Larry Barton. Motion carried unanimously.

VI.

DONATIONS:

REPORT:

1.

FC Donation Report for May 2019

Denise J. Vigue, Finance

Motion by Patrick Stensloff to accept the May 2019 Finance Committee Donation Report.

Seconded by Daniel Guzman King. Motion carried unanimously.

Page 1 of 3

Finance Committee Meeting Minutes of May 13, 2019

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REQUESTS:

1. Transformation House, Inc. in Green Bay

Requestor: Manuelus Reacco, President /Director

Amount: $2,500.

There was no one present to provide additional information to the questions the Finance

Committee had; there was a suggestion to defer until requestor could be present; additional

information made public will also be shared with the FC for the next meeting or when requestor

can be present.

Motion by Larry Barton to defer this request to the next meeting or when the requestor could be

present to provide specific information on reason for this request. Seconded by Patrick Stensloff.

Motion carried unanimously.

2.

Discussion: Central WI Indigenous Peoples’ Day Powwow

OBC Referral: Lisa Summers & Patricia King

After review of the information from the city of Wausau the Finance Committee agreed to forward

this request on for further review to other areas; they also noted this is for FY2020 so there is time

for a proper review.

Motion by Larry Barton to defer this request to Joint Marketing for their consideration and to ask

Joint Marketing to make requestor know of raffle items that could be available. Seconded by

Patrick Stensloff. Motion carried unanimously.

Amendment to the Motion by Daniel Guzman King to also send this request on to Tourism and

Legislative Affairs for their consideration. Seconded by Larry Barton Motion carried unanimously.

VII.

NEW BUSINESS:

1. Hank Williams, Jr. Entertainment Contract

Ron Wurth, Gaming Marketing

Amount: $255,000.

Ron and Ken Dennison were present and discussed the Anniversary Celebration including these

entertainment requests; also a chance to target gold club players and public ticket sales.

Motion by Patrick Stensloff to approve the Hank Williams, Jr. contract in the amount of

$255,000.00 for entertainment at the 25th Anniversary celebration in July. Seconded by Daniel

Guzman King. Motion carried unanimously.

2. Sara Evans Entertainment Contract

Ron Wurth, Gaming Marketing

Amount: $50,000.

Motion by Patrick Stensloff to approve the Sara Evans contract in the amount of $50,000.00 for

entertainment at the 25th Anniversary celebration in July. Seconded by Daniel Guzman King.

Motion carried unanimously.

VIII.

EXECUTIVE SESSION: None

IX.

FOLLOW UP: None

Page 2 of 3

Finance Committee Meeting Minutes of May 13, 2019

Public Packet

X.

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OTHER:

1. FC – FY19 Second Quarter Report to the BC

Denise J. Vigue, Finance

Motion by Patrick Stensloff to approve the FY19 Second Quarter Report of the Finance Committee

and forward to the Business Committee Reports agenda. Seconded by Daniel Guzman King.

Motion carried unanimously.

XI.

FOR INFORMATION ONLY:

1. Bally – 4 Slot Percentage Games (no purchase)

Motion by Patrick Stensloff to accept as information only the 4-Slot percentage games from Bally.

Seconded by Larry Barton. Motion carried unanimously.

XII. ADJOURN: Motion by Patrick Stensloff to adjourn. Seconded by Larry Barton. Motion carried

unanimously. Time: 9:30 A.M.

Minutes taken & transcribed by:

Denise Vigue, Executive Assistant to the CFO

& Finance Committee Contact/Recording Secretary

Finance Committee-E-Poll Minutes Approval Date:

May 14, 2019

Oneida Business Committee’s FC Minutes Approval Date:

Page 3 of 3

Finance Committee Meeting Minutes of May 13, 2019

Public Packet

55 of 126

Oneida Business Committee Agenda Request

Accept the May 1, 2019, regular Legislative Operating Committee meeting minutes

1. Meeting Date Requested:

/ 22 / 19

5

2. General Information:

Session:

Open

Agenda Header:

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

Standing Committees

Accept as Information only

Action - please describe:

Accept the May 1, 2019 Legislative Operating Committee Meeting minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. 5/1/19 LOC Meeting Minutes

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, LOC Chairperson

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

May 1, 2019

9:00 a.m.

Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens III

Excused: Daniel Guzman King

Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Jennifer Falck, Kristen

Hooker, Leyne Orosco, Rae Skenandore, Lee Cornelius, Eugene Shubert

I.

Call to Order and Approval of the Agenda

David P. Jordan called the May 1, 2019 Legislative Operating Committee meeting to order

at 9:00 a.m.

Motion by Kirby Metoxen to approve the agenda; seconded by Ernest Stevens III. Motion

carried unanimously.

II.

Minutes to be Approved

Motion by Jennifer Webster to approve the April 17, 2019 Legislative Operating

Committee meeting minutes and forward to the Oneida Business Committee for

consideration; seconded by Ernest Stevens III. Motion carried unanimously.

III.

Current Business

1. Domestic Animals Law Amendments (1:04-13:14)

Motion by Jennifer Webster to accept the updated public meeting comment review

memorandum and updated draft; seconded by Kirby Metoxen. Motion carried

unanimously.

Motion by Jennifer Webster to approve the adoption packet for the proposed

amendments to the Domestic Animals law and forward to the Oneida Business

Committee for consideration; seconded by Ernest Stevens III. Motion carried

unanimously.

Motion by Kirby Metoxen to approve the resolution titled, “Domestic Animals Law

Fine, Penalty, and Licensing Fee Schedule” and forward to the Oneida Business

Committee for consideration; seconded by Ernest Stevens III. Motion carried

unanimously.

Motion by Jennifer Webster to approve the resolution titled, “Prohibited Animals under

the Domestic Animals Law” and forward to the Oneida Business Committee for

consideration; seconded by Kirby Metoxen. Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of May 1, 2019

Page 1 of 2

Public Packet

57 of 126

IV.

New Submissions

1. Legislative Procedures Act Amendments (13:16-15:06)

Motion by Kirby Metoxen to deny adding the Legislative Procedures Act to the active

files list; seconded by Ernest Stevens III. Motion carried unanimously.

V.

Additions

VI.

Administrative Items

1. Children’s Code One Year Review Modification Memo (15:09-17:44)

Motion by Jennifer Webster to approve the memo requesting for a modification of the

Children’s Code One Year Review and forward to the Oneida Business Committee for

consideration; seconded by Kirby Metoxen. Motion carried unanimously.

2. Amending Resolution BC-09-26-18-D Boards, Committees, and Commissions

Law Stipends (17:46-25:24)

Motion by Jennifer Webster to approve the resolution titled, “Amending Resolution

BC-09-26-18-D Boards, Committees, and Commissions Laws Stipends” with the

addition of a redline copy and forward to the Oneida Business Committee for

consideration; seconded by Kirby Metoxen. Motion carried unanimously.

3. Research Requests: Review and Approval to Conduct (25:28-29:17)

Motion by Jennifer Webster to approve the resolution titled, “Research Requests:

Review and Approval to Conduct” resolution and forward to the Oneida Business

Committee for consideration; seconded by Ernest Stevens III. Motion carried

unanimously.

4. FY19 LOC Second Quarter Report (29:18-39:10)

Motion by Jennifer Webster to approve the FY19 LOC Second Quarter Report with

changes and forward to the Oneida Business Committee for consideration; seconded

by Kirby Metoxen. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Ernest Stevens III to adjourn the May 1, 2019 Legislative Operating Committee

meeting at 9:39 a.m.; seconded by Jennifer Webster. Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of May 1, 2019

Page 2 of 2

Public Packet

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Oneida Business Committee Agenda Request

Accept the Oneida Personnel Commission May 2019 update

1. Meeting Date Requested:

5

/ 22 / 19

2. General Information:

Session:

Open

Agenda Header:

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

Standing Committees

Accept as Information only

Action - please describe:

Accept the Oneida Personnel Commission Bi-Monthly Update Memo

3. Supporting Materials

Report

Resolution

Contract

Other:

1. OPC Bi-Monthly Update Memo

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, LOC Chairperson

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155‐0365

Oneida‐nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

David P. Jordan, Legislative Operating Committee Chairman

May 22, 2019

Oneida Personnel Commission Progress Update

On September 26, 2018, the Oneida Business Committee adopted resolution BC-09-26-18-F titled,

“Rescission of the Dissolution of the Oneida Personnel Commission and Related Emergency

Amendments in accordance with General Tribal Council’s August 27, 2018 Directive.”

This resolution formally recognized General Tribal Council’s directive to rescind the actions of

the Oneida Business Committee related to the dissolution of the Oneida Personnel Commission,

and to rescind the related emergency amendments. As a result, resolution BC-04-11-18-A, which

dissolved the Oneida Personnel Commission, was formally repealed and the Oneida Personnel

Commission was formally reinstated.

Resolution BC-09-26-18-F provides details on how the Oneida Personnel Commission’s

responsibilities will be addressed until such time that the Oneida Personnel Commission is

prepared to once again exercise its authority.

Additionally, this resolution directs the Legislative Operating Committee to provide updates on

the progress of the Oneida Personnel Commission to the Oneida Business Committee on a

bimonthly basis, at the second Oneida Business Committee meeting of the month.

The Oneida Business Committee amended resolution BC-09-26-18-F on March 13, 2019, through

the adoption of resolution BC-03-13-19-C in an effort to provide clarification on which entity of

the Nation is providing administrative support to the Oneida Personnel Commission in regards to

the grievance hearing process.

This memorandum serves as the fourth update on the progress of the Oneida Personnel

Commission.

ONEIDA PERSONNEL COMMISSION BYLAWS

On January 9, 2019, the Oneida Business Committee adopted amendments to the Oneida Personnel

Commission Bylaws. Since then, further amendments have been prepared. These updated bylaws

are ready to be considered by the Oneida Business Committee. They will be presented to the

Oneida Business Committee when the larger bylaws amendments project is complete, and all of

the boards, committees, and commission’s bylaws come to the Oneida Business Committee for

approval.

Page 1 of 2

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POSTING AND APPOINTMENTS

The Oneida Business Committee Support Office (BCSO) posted for the two (2) remaining

vacant positions. The Oneida Business Committee did not approve those applicants and the

positions have been posted again.

TRAINING

The BCSO met with the Training and Development Department from the Human Resources

Area on May 3, 2019 to discuss training options. Another meeting will be scheduled soon to

discuss training again and come to some decisions about the best strategy.

NEXT STEPS

1. Continue to work on filling the two remaining vacant positions.

2. Oneida Business Committee will consider the adoption of amended bylaws.

3. The Records Management Department will begin digital scanning of the existing Oneida

Personnel Commission files for the new Commissioners. Having easy access to past

Oneida Personnel Commission decisions will help the new Commissioners to review

precedent when making hearing decisions.

Requested Action

Accept this memorandum as an update on the progress of the Oneida Personnel Commission.

Page 2 of 2

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Oneida Business Committee Agenda Request

Accept the March 14, 2019, regular Quality of Life Committee meeting minutes

1. Meeting Date Requested:

5

/ 22 / 19

2. General Information:

Session:

Open

Agenda Header:

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

Standing Committees

Accept as Information only

Action - please describe:

Motion to accept the March 14, 2019 Quality of Life meeting minutes.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. 3/14/2019 QOL Meeting Minutes

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens, Vice-Chairman

Primary Requestor/Submitter:

Aliskwet Ellis, Recording Clerk/ BC Support Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

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Quality of Life Committee

March 14, 2019 8:30 a.m. BC-ECR

Minutes

Present: Ernest Stevens III, Trish King (ad hoc), Kirby Metoxen, Brandon Stevens

Others Present: Dr. Ravinder Vir, Tina Jorgenson, Fawn Billie, Pat Pelky, Melissa Nuthals,

Cathy Bachhuber

I.

Call to Order and Roll Call

Meeting called to order by Ernest Stevens III at 8:39 a.m. with Kirby Metoxen and Trish King

present. Brandon Stevens arrived at 9:00 a.m.

II.

Approval of the agenda

Motion by Trish King to approve the agenda with moving the Quality of Life Survey Results to

the top of the agenda, seconded by Kirby Metoxen. Motion carried unanimously.

III.

Approval of Meeting Minutes

A. January 10, 2019, Quality of Life meeting minutes

Motion by Ernest Stevens III to approve the January 10, 2019, QOL meeting minutes, seconded

by Kirby Metoxen. Motion carried unanimously.

IV.

Unfinished Business

A. Mental Health Checkups – Daniel Guzman-King

Motion by Kirby Metoxen for the QOL [Chair] to send the directors a letter indicating support for

participation in the Wellness Summit, seconded by Ernest Stevens III. Motion carried

unanimously.

B. Big Brother Big Sisters for Northeast Wisconsin Update – Ernest Stevens III

Motion by Kirby Metoxen to accept the update and remove the item from the QOL agenda,

seconded by Ernest Stevens III. Motion carried unanimously.

C. 7G Youth Initiative Update – Ernest Stevens III

Motion by Kirby Metoxen to forward the MOU for legal review, seconded by Ernest Stevens III.

Motion carried unanimously.

V.

New Business

A. Quality of Life 2018 Survey Results – Ernest Stevens III, Melissa Nuthals

Motion by Ernest Stevens III to accept the 2018 QOL Survey Results, seconded by Kirby

Metoxen. Motion carried unanimously.

Quality of Life Committee Minutes March 14, 2019

Page 1 of 2

Public Packet

VI.

63 of 126

Reports

A. Tribal Action Plan

Motion by Kirby Metoxen to accept the TAP initiative transition update, seconded by Ernest

Stevens III. Motion carried unanimously.

B. Environmental Issues – Daniel Guzman-King

Motion by Ernest Stevens III to accept the update and forward to a small sub-team consisting of

Daniel Guzman-King, Ernest Stevens III, Environmental, and the Law Office, to put together a

plan on what should be worked on by a larger work team, seconded by Kirby Metoxen. Motion

carried unanimously.

C. Zero Suicide – Dr. Ravinder Vir

Motion by Kirby Metoxen to accept the update on Zero Suicide, seconded by Ernest Stevens III.

Motion carried unanimously.

VII.

Additions

VIII.

Adjourn

Motion by Kirby Metoxen to adjourn at 10:48 a.m., seconded by Ernest Stevens III. Motion

carried unanimously.

Quality of Life Committee Minutes March 14, 2019

Page 2 of 2

Public Packet

64 of 126

Oneida Business Committee Agenda Request

Accept the April 11, 2019, regular Quality of Life Committee meeting minutes

1. Meeting Date Requested:

5

/ 22 / 19

2. General Information:

Session:

Open

Agenda Header:

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

Standing Committees

Accept as Information only

Action - please describe:

Motion to accept the April 11, 2019 Quality of Life meeting minutes.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. 4/11/2019 QOL Meeting Minutes

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens, Vice-Chairman

Primary Requestor/Submitter:

Aliskwet Ellis, Recording Clerk/ BC Support Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

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Quality of Life Committee

April 11, 2019 8:30 a.m. BC-ECR

Minutes

Present: Daniel Guzman-King, Tehassi Hill, Kirby Metoxen, Ernest Stevens III

Other Present: Dr. Vir, Cathy Bachhuber

I.

Call to Order and Roll Call

Meeting called to order by Daniel Guzman-King at 8:52 a.m. with Tehassi Hill and Kirby

Metoxen also present. Ernest Stevens III arrived at 9:30 a.m.

II.

Approval of the agenda

Motion by Tehassi Hill to approve the agenda, seconded by Kirby Metoxen. Motion carried

unanimously.

III.

Approval of Meeting Minutes

A. March 14, 2019, Quality of Life meeting minutes

Motion by Kirby Metoxen to accept, seconded by Tehassi Hill. Motion carried. Abstention:

Tehassi Hill

IV.

Unfinished Business

V.

New Business

VI.

Reports

A. Tribal Action Plan

Motion by Tehassi Hill to accept the verbal update on the Tribal Action Plan, seconded by Kirby

Metoxen. Motion carried unanimously.

B. Environmental Issues – Daniel Guzman-King

Motion by Tehassi Hill to accept the verbal update, seconded by Kirby Metoxen. Motion carried

unanimously.

C. Oneida Wellness Council Quarterly Report – Tina Jorgensen

Motion by Tehassi Hill to request the QOL Chair to send out the letter of support before the next

[QOL] meeting, seconded Kirby Metoxen. Motion carried unanimously.

VII.

Additions

VIII.

Adjourn

Quality of Life Committee Minutes April 11, 2019

Page 1 of 2

Public Packet

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Motion by Kirby Metoxen to adjourn at 9:49 a.m., seconded by Tehassi Hill. Motion

carried unanimously.

Quality of Life Committee Minutes April 11, 2019

Page 2 of 2

Public Packet

67 of 126

Oneida Business Committee Agenda Request

Approve the Oneida Head Start/Early Head Start By-Laws - File # 2011-1378

1. Meeting Date Requested:

05 / 22 / 19

2. General Information:

Session:

Open

Agenda Header:

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

Unfinished Business

Accept as Information only

Action - please describe:

To approve Head Start/Early Head Start Policy Council By-Laws and Selection Criteria.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. By-Laws

3.

2. Selection Criteria

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Jennifer Webster, Council Member

Primary Requestor/Submitter:

Jessica Wallenfang, Exec Assistant

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

Purpose: To review and approve the Early/Head Start By-Laws and Selection Criteria.

Background: On March 27, 2019, the By-laws and Selection Criteria were presented to the BC for approval in

accordance with the Federal Head Start Act. The OBC requested the Legislative Reference Office to review the

Boards, Committees, and Commissions Law to determine if Head Start By-laws must be in compliance with this

law. The LRO Director determined that the Policy Council By-laws are not required to abide by this law,

therefore, the By-laws may be approved by the OBC.

Requested Action: To approve the Early/Head Start Policy Council By-laws and Selection Criteria.

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

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Approve the travel report - Councilman Kirby Metoxen - Native American Tourism of Wisconsin (NATOW)

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Approve the travel request - Councilman Kirby Metoxen - 29th National Indian Head Start Directors...

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Oneida Business Committee Travel Request

Approve the travel request - Treasurer Trish King - Tribal Treasury Advisory Committee meeting and...

1. OBC Meeting Date Requested:

05 / 22 / 19

e-poll requested

2. General Information:

Tribal Treasury Advisory Committee

Event Name:

Event Location:

Washington DC

Attendee(s): Trish King

Departure Date:

Jun 18, 2019

Attendee(s):

Return Date:

Jun 21, 2019

Attendee(s):

3. Budget Information:

Funds available in individual travel budget(s)

Unbudgeted

Cost Estimate:

$3,000

Grant Funded or Reimbursed

4. Justification:

Describe the justification of this Travel Request:

TTAC was authorized in 2014 to advise Treasury on all tax matters related to Indian Tribes, and appointees have

been chosen by Congress and Treasury.

TTAC will be conducting a Public Meeting on June 20, 2019.

5. Submission

Sponsor: Trish King, Treasurer

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Form approved by OBC on 03/25/2015

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From: Krishna.Vallabhaneni@treasury.gov <Krishna.Vallabhaneni@treasury.gov>

Sent: Thursday, April 11, 2019 8:17 PM

To: Patricia M. King <tking@oneidanation.org>

Cc: Nancy.Montoya@treasury.gov

Subject: Introduction and "Save the Date" for Treasury Tribal Advisory Committee Public Meeting

Dear Ms. King:

As you are a Member of the Treasury Tribal Advisory Committee (TTAC), I would like to

introduce myself to you as the Designated Federal Official (DFO) for the TTAC. I am also the

newly appointed Tax Legislative Counsel (TLC) for the U.S. Department of the Treasury. I hope

that the tax expertise gained from my private sector experience and service in Treasury’s Office

of Tax Policy and the IRS Office of Chief Counsel’s National Office will position me well to

serve as the TTAC’s DFO.

In my role as the DFO, I serve as the U.S. government’s agent for all matters related to the

Treasury Tribal Advisory Committee’s activities. By law, the DFO must approve or call the

meeting of the Board; approve agendas; attend all meetings; adjourn the meetings when such

adjournment is in the public interest; and Chair meetings of the Board, when so directed by the

Secretary of the Treasury.

We are requesting that you “Save the Date” of June 20, 2019, as the potential first Public

Meeting date of the TTAC to be held at Treasury’s Main Office, 1500 Pennsylvania Avenue,

NW, Cash Room, Washington, D.C. 20220. More information on the meeting, including how to

work with Treasury staff to make travel arrangements, will be forthcoming. Please note that the

meeting will be made public in a Federal Register notice that is forthcoming, but for now we

wanted to request that you set aside that time to join us in Washington.

I know that you may be attending the Native American Financial Officers’ Annual Conference

next week. My colleague, Nancy Montoya (copied on this email), will be there to learn more

about issues facing Indian Country. NAFOA has also arranged an informal gathering during

lunch on Monday, April 15, 2019, to discuss issues related to the operation of the TTAC. Nancy

will be joining in person, and I will participate in the meeting by phone. If you will be unable to

attend, we will make sure you are advised of the topics discussed, as we want your input as we

move forward.

Below are some of the questions I would like to put forth to you and other TTAC Members for

consideration on how the TTAC would prefer to conduct its public meetings:

1

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Will the TTAC want to adopt by-laws?

What process would the TTAC prefer using to elect a Chair for the TTAC?

How often would the TTAC like to conduct public meetings? (The TTAC charter calls

for 2-3 meetings a year.) Would the TTAC prefer to determine public meeting dates in

advance? Are there particular days or times that work better than others for public

meetings? Is there a preferred length of time public meetings should be scheduled for?

Would the TTAC want to use a webcast so that more interested parties could view the

meeting online, whether live or in recorded form?

The Federal Advisory Committee Act (FACA), requires us to collect public comments

prior to the meeting. Allowing members of the public to address the TTAC is

optional. Is this a practice that the TTAC would like to adopt? If so, how will these

speakers be selected?

Would the TTAC want expert panelists to present on specific topics? If so, what would

the preferred format look like?

There are TTAC members that also serve on other Federal Advisory Committees. Are

there expectations for the TTAC, based on their experiences, which Treasury should

know about?

I am looking forward to facilitating meaningful, transparent, and accountable dialogue with the

TTAC that can help advise the Secretary on matters relating to the taxation of Indians, training

and education of Internal Revenue Agents, and training and technical assistance to tribal

financial officers.

If you have any questions, please reach out to me at krishna.vallabhaneni@treasury.gov or on my

direct line at 202.622.0835.

Sincerely,

Krishna P. Vallabhaneni

Krishna P. Vallabhaneni

Designated Federal Officer, Treasury Tribal Advisory Committee

Tax Legislative Counsel, Office of Tax Policy U.S. Department of the Treasury

1500 Pennsylvania Avenue, NW Washington, DC 20220

Direct: +1.202.622.0835

Email: krishna.vallabhaneni@treasury.gov

2

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Oneida Business Committee Agenda Request

Review the Bingo (Chapter 2) Oneida Gaming Minimum Internal Controls and determine appropriate next

1. Meeting Date Requested:

05 / 22 / 19

2. General Information:

Session:

Open

Agenda Header:

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

New Business

Accept as Information only

Action - please describe:

Request OBC to accept the OGMICs Bingo Chapter 2 Section with no requested revisions.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. OGC Approval & Cover Letter

3. Management Aknowledgement

2. OGMICs Bingo Chapter 2_Final

4. Responses to Concerns

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Matthew W. Denny, Chairman Oneida Gaming Commission

Primary Requestor/Submitter:

Tammy VanSchyndel, Executive Director Oneida Gaming Commission

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

The OGMICs Revision Project has had multiple phase iterations and numerous document

revisions due to staff shortages, other project priorities, review timing delays, and new nationally

published control standards. An aggressive timeline has since been developed to ensure relevant

minimum standards are incorporated into these tribal internal control standards.

The OGMICs is being revised one section chapter at a time to minimally include:

• National Indian Gaming Commission (NIGC) Class II Minimum Internal Control

Standards (MICS)

• NIGC Class III MICS Guidance

• Oneida Tribe and State of Wisconsin Compact and its amendments

• Industry control standards and best regulatory practices

OGMICs section chapters are (re)formatted, (re)finalized, and (re)reviewed before they are

submitted to Gaming Management for comments. Management comments are reviewed and

considered before the section chapter is officially approved by the OGC.

The OGC has prepared this document to set forth the Nation’s tribal minimum internal controls

that will guide gaming operations and assist internal audit to ensure and maintain the integrity

and security of gaming operations.

ACTION REQUESTED: ACCEPT THE OGMICS BINGO CHAPTER 2 WITH NO REQUESTED REVISIONS.

***PLEASE NOTE (OBC ACTION OPTIONS)***

Per the Chief Counsel memo dated February 27, 2018, regarding appropriate OBC action for OGMICR Revisions,

the motion for this request would be as follows:

"Accept the notice of the OGMICR Section for Bingo Chapter 2 approved by the Gaming Commission on April 30,

2019, and...

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

(b) Directs notice to the Gaming Commission that the Oneida Business Committee will be recommending

amendments to the OGMICR Section for Bingo Chapter 2 in accordance with section 501.6-14(d)(3)(C); or

(c) Directs notice to the Gaming Commission that the Oneida Business Committee repeals the OGMICR Section

Bingo Chapter 2 in accordance with section 501.6-14(d)(3)(A) and subsection (i)."

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

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

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

Page 2 of 2

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From:

To:

Cc:

Subject:

Date:

Attachments:

DATE:

FROM:

SUBJECT:

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Melissa M. Alvarado

Shannon C. Davis

GamingCommission_Compliance; Reynold T. Danforth; Melissa M. Alvarado

NOTIFICATION: OGMICR Chapter 2 - Bingo

Tuesday, April 30, 2019 9:39:38 AM

OGMICR Chapter 2 - Bingo.pdf

image001.png

04/30/19

Matthew W. Denny

OGMICR Chapter 2 - Bingo

Good Morning,

The Gaming Commission has reviewed the following item(s) and is approved. This will be

placed on the next Regular OGC Meeting agenda for retro approval.

1. OGMICR Chapter 2 - Bingo

If you have any further questions please feel free to contact the Executive Director,

Tamara Van Schyndel or OGC Chair Matthew W. Denny via email

tvanschy@oneidanation.org or mdenny1@oneidanation.org or at 497-5850.

Thank you.

Melissa Alvarado

Administrative Assistant

Oneida Gaming Commission

920-497-5850

Toll Free: 1-800-497-5897

malvarad@oneidanation.org

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Oneida Gaming Minimum Internal Control Standards Revision Project

Authority, Project and Process

Oneida Gaming Commission (OGC) Authority

As designated in the Oneida Nation Gaming Ordinance (ONGO) 501.6-14.(d), the OGC is to draft

and approve Oneida Gaming Minimum Internal Controls (OGMICs) that require review and

comment by Senior Gaming Management prior to approval by the Commission and are subject to

review by the Oneida Business Committee.

The OGMICs are effective upon adoption by the Commission. If the Oneida Business Committee has

any concerns and/or requested revisions upon review, the Commission shall work with the Oneida

Business Committee to address such concerns and/or requested revisions according to the process

described in ONGO 501.6-14.(d)(3).

OGMICs Revision Project

The OGMICs Revision Project has had multiple phase iterations and numerous document

revisions due to staff shortages, other project priorities, review timing delays, and new nationally

published control standards. An aggressive timeline has since been developed to ensure relevant

minimum standards are incorporated into these tribal internal control standards.

The OGC-Compliance department is designated as the facilitator of the OGMICs Revision Project

and is responsible for document coordination and progress. Research and recommendations

are provided by the Compliance Staff and project team. Upon Executive Director support, the

OGC is the decision-making body that ultimately approves the OGMICs through official action.

OGMICs Revision Process

The OGMICs is being revised one section chapter at a time to minimally include:

• National Indian Gaming Commission (NIGC) Class II Minimum Internal Control

Standards (MICS)

• NIGC Class III MICS Guidance

• Oneida Tribe and State of Wisconsin Compact and its amendments

• Industry control standards and best regulatory practices

OGMICs section chapters are (re)formatted, (re)finalized, and (re)reviewed before they are

submitted to Gaming Management for comments. Management comments are reviewed and

considered before the section chapter is officially approved by the OGC.

The OGC has prepared this document to set forth the Nation’s tribal minimum internal controls

that will guide gaming operations and assist internal audit to ensure and maintain the integrity

and security of gaming operations.

Please accept/adopt this document as the Oneida Gaming Minimum Internal

Controls for Bingo (Chapter 2).

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By tvanschy at 12:29 pm, Apr 29, 2019

Introduction

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–‡”ƒŽ‘–”‘Ž–ƒ†ƒ”†•ȋ Ȍ–Šƒ–‰‘˜‡”‡‹†ƒ ƒ‹‰Ǥ

Š‹•†‘ —‡–‹ Ž—†‡•–Ї‹‹—”‡“—‹”‡‡–•„ƒ•‡†‘–Їˆ‘ŽŽ‘™‹‰ǣ

¾ ƒ–‹‘ƒŽ †‹ƒ ƒ‹‰‘‹••‹‘ȋ ȌȂ‹‹— –‡”ƒŽ‘–”‘Ž–ƒ†ƒ”†•ǣƒ”–•

ͷͶʹǡͷͶ͵ǡƒ†ͷͶ͹ǡƒ•ƒ’’Ž‹ ƒ„އ–‘–Ї —””‡–•‡ –‹‘Ǥ

¾ ††‹–‹‘ƒŽ ‘–”‘Ž•ƒ• ‘’‹Ž‡†ƒ†•‡–ˆ‘”–Š„›–Ї‡‹†ƒ ƒ‹‰‘‹••‹‘Ǥ

–‹•–Ї”‡•’‘•‹„‹Ž‹–›‘ˆ‡ƒ А‡‹†ƒƒ•‹‘’Ž‘›‡‡–‘‡•—”‡ ‘’Ž‹ƒ ‡™‹–Šƒ’’Ž‹ ƒ„އ

”‡‰—Žƒ–‹‘•ˆ‘”‹‰‘’‡”ƒ–‹‘•Ǥ‡†‘”•ƒ†‘Ǧ‰ƒ‹‰‡’Ž‘›‡‡•ƒ”‡ƒŽ•‘”‡“—‹”‡†–‘ƒ†Š‡”‡

–‘ƒ’’Ž‹ ƒ„އ”‡‰—Žƒ–‹‘•Ǥ

ƒ‹‰’‡”ƒ–‹‘•‹•”‡•’‘•‹„އ–‘ ”‡ƒ–‡ƒ†ƒ‹–ƒ‹ƒ›•–‡‘ˆ –‡”ƒŽ‘–”‘Ž–ƒ†ƒ”†•

ȋ Ȍ‹ƒŽ‹‰‡–™‹–Š–Š‹•†‘ —‡–ǤЇ ‹•ƒ‘˜‡”ƒŽŽ‘’‡”ƒ–‹‘ƒŽˆ”ƒ‡™‘”ˆ‘”ƒ‰ƒ‹‰

‘’‡”ƒ–‹‘–Šƒ–‹ ‘”’‘”ƒ–‡•’”‹ ‹’އ•‘ˆ‹†‡’‡†‡ ‡ƒ†•‡‰”‡‰ƒ–‹‘‘ˆˆ— –‹‘ǡƒ†‹•

‘’”‹•‡†‘ˆ™”‹––‡’‘Ž‹ ‹‡•ǡ’”‘ ‡†—”‡•ǡƒ†•–ƒ†ƒ”†’”ƒ –‹ ‡•„ƒ•‡†‘‘˜‡”ƒ” Š‹‰”‡‰—Žƒ–‘”›

•–ƒ†ƒ”†••’‡ ‹ˆ‹ ƒŽŽ›†‡•‹‰‡†–‘ ”‡ƒ–‡ƒ•›•–‡‘ˆ Ї •ƒ†„ƒŽƒ ‡•–‘•ƒˆ‡‰—ƒ”†–Ї‹–‡‰”‹–›

‘ˆƒ‰ƒ‹‰‘’‡”ƒ–‹‘ƒ†’”‘–‡ –‹–•ƒ••‡–•ˆ”‘—ƒ—–Š‘”‹œ‡†ƒ ‡••ǡ‹•ƒ’’”‘’”‹ƒ–‹‘ǡˆ‘”‰‡”›ǡ

–Їˆ–ǡ‘”ˆ”ƒ—†Ǥ

‡‰—Žƒ–‘”›”‡†‡–‹ƒŽ•‡‰‡†ǣ

NIGC MICS: Black Font

OGC Additions: Blue Font

By tvanschy at 12:29 pm, Apr 29, 2019

WĂŐĞϭŽĨϭϮ

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Chapter: 2

Bingo

Table of Contents

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(o)

Supervision

Bingo Cards

Bingo Cards Sales

Draw

Prize Payout

Cash and Cash Equivalent Controls

Technologic Aids to the Play of Bingo

Operations

Vouchers

Information and Technology

Revenue Audit

Variance

Bingo Equipment Standards

Promotional Payouts and Awards

Statistical Reports

All employees and associates are required to adhere to the controls in

this section, all other sections, and regulatory documents.

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(a) Supervision

(1)

Supervision shall be provided for bingo operations by an employee with authority equal

to or greater than those being supervised.

(b) Bingo Cards

(1)

Physical bingo card inventory controls shall be documented to address the placement of

orders, receipt, storage, issuance, and cancellation of bingo card inventory to ensure the

integrity of the cards being used and that:

(i)

The bingo card inventory can be accounted for at all times; and

(ii)

Bingo cards have not been marked, altered, or otherwise manipulated.

(2)

Receipt from supplier.

(i)

When bingo card inventory is initially received from the supplier, it shall be

inspected (without breaking the factory seals, if any), counted, inventoried and

secured by an authorized employee.

(ii)

Bingo card inventory records shall include the date received, quantities received,

and the name of the individual conducting the inspection.

(iii)

Purchased paper shall be inventoried and secured by an employee independent

of bingo sales personnel.

(3)

Storage.

(i)

Bingo cards shall be maintained in a secure location, accessible only to

authorized employees, and with surveillance coverage adequate to identify

persons accessing the storage area.

(4)

Issuance and returns of inventory.

(i)

Controls shall be established for the issuance and return of bingo card inventory.

Records signed by the issuer and recipient shall be created under the following

events:

(A) Issuance of inventory from storage to a staging area;

(B)

Issuance of inventory from a staging area to the cage or sellers;

(C)

Return of inventory from a staging area to storage; and

(D) Return of inventory from cage or seller to staging area or storage.

(5)

Cancellation and removal.

(i)

Bingo cards removed from inventory that are deemed out of sequence, flawed, or

misprinted and not returned to the supplier shall be cancelled to ensure that they

are not utilized in the play of a bingo game. Any other considerations shall be

reviewed and approved by the OGC.

(ii)

Bingo cards that are removed from inventory and returned to the supplier or

cancelled shall be logged as removed from inventory.

(iii)

Bingo cards associated with an investigation shall be retained intact outside of

the established removal and cancellation policy.

(6)

Logs.

(i)

The inventory of bingo cards shall be tracked and logged from receipt until use or

permanent removal from inventory.

(ii)

The bingo card inventory record(s) shall include:

(A)

Date;

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(B)

(C)

(D)

(E)

(F)

(G)

(H)

(I)

(J)

(iii)

Shift or session;

Time;

Location;

Inventory received, issued, removed, and returned;

Signature of employee performing transaction;

Signature of employee performing the reconciliation;

Any variance;

Beginning and ending inventory; and

Description of inventory transaction being performed.

A copy of the bingo paper control log shall be given to the bingo caller for

purposes of determining if the winner purchased the paper that was issued for

sale that day (electronic verification satisfies this standard):

(A)

Bingo paper control log shall include the series number of the bingo

paper.

(c) Bingo Cards Sales

(1)

Employees who sell bingo cards shall not be the sole verifier of bingo cards for prize

payouts.

(2)

Manual bingo card sales: In order to adequately record, track, and reconcile sales of

bingo cards, the following information shall be documented:

(i)

Date;

(ii)

Shift or session

(iii)

Number of bingo cards issued, sold and returned;

(iv)

Dollar amount of bingo card sales;

(v)

Signature of the authorized employee preparing the sales record; and

(vi)

Signature of the authorized employee independent of sales who verified the

bingo cards returned to inventory and dollar amount of bingo cards sales.

(3)

Bingo card sale voids shall be processed in accordance with the rules of the game and

established controls that shall include the following:

(i)

Patron refunds;

(ii)

Adjustments to bingo cards sales to reflect voids;

(iii)

Adjustment to bingo card inventory;

(iv)

Documentation of the reason for the void;

(v)

Authorization for all voids; and

(vi)

All voided bingo cards are accounted for.

(4)

Class II gaming system bingo card sales. In order to adequately record, track and

reconcile sales of bingo cards, the following information shall be documented from the

server (this is not required if the system does not track the information, but system

limitation(s) shall be noted):

(i)

Date;

(ii)

Time;

(iii)

Number of bingo cards sold;

(iv)

Dollar amount of bingo card sales; and

(v)

Amount in, amount out and other associated meter information.

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(d) Draw

(1)

Controls shall be established, and procedures implemented to ensure that all eligible

objects used in the conduct of the bingo game are available to be drawn and have not

been damaged or altered. Verification of physical objects shall be performed by two

employees before the start of the first bingo game/session. At least one of the verifying

employees shall be a supervisory employee or independent of the bingo games

department.

(2)

Where the selection is made through an electronic aid, certification in accordance with

Chapter 18 Technical Standards for Class II Gaming Systems and Equipment (n)

(Technical standards for electronic random number generation) is acceptable for

verifying the randomness of the draw and satisfies the requirements of paragraph

(d)(1) of this section.

(3)

Controls shall be established, and procedures implemented to provide a method of

recall of the draw, which includes the order and identity of the objects drawn, for

dispute resolution purposes.

(4)

Verification and display of draw. Controls shall be established, and procedures

implemented to ensure that:

(i)

The identity of each object drawn is accurately recorded and transmitted to the

participants. The procedures shall identify the method used to ensure the

identity of each object drawn.

(A) Each ball shall be shown to a camera immediately before it is called so that it

is individually displayed to all customers.

(ii)

For all games offering a prize payout of $1,200 or more, as the objects are drawn,

the identity of the objects are immediately recorded and maintained for a

minimum of 24 hours.

(5)

Controls shall be present to assure that the numbered balls are placed back into the

selection device prior to calling the next game.

(e) Prize Payout

(1)

Controls shall be established, and procedures implemented for cash or cash equivalents

that address the following:

(i)

Identification of the employee authorized (by position) to make a payout;

(ii)

Predetermined payout authorization levels (by position); and

(iii)

Documentation procedures ensuring separate control of the cash accountability

functions.

(2)

Verification of validity.

(i)

Controls shall be established, and procedures implemented to verify that the

following is valid for the game in play prior to payment of a winning prize:

(A)

Winning card(s);

(B)

Objects drawn; and

(C)

The previously designated arrangement of numbers or designations on

such cards, defined as a Class II game.

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(ii)

(3)

(4)

(5)

(6)

At least two employees shall verify that the card, objects drawn, and previously

designated arrangement were valid for the game in play.

(iii)

Where an automated verification method is available, verification by such

method is acceptable.

Validation.

(i)

For manual payouts, at least two employees shall determine the validity of the

claim prior to the payment of a prize. The system may serve as one of the

validators.

(ii)

For automated payouts, the system may serve as the sole validator of the claim.

Verification.

(i)

For manual payouts, at least two employees shall verify that the winning pattern

has been achieved on the winning card prior to the payment of a prize. The

system may serve as one of the verifiers.

(ii)

For automated payouts, the system may serve as the sole verifier that the pattern

has been achieved on the winning card.

Authorization and signatures.

(i)

At least two employees shall authorize, sign, and witness all manual prize

payouts of $1,200 or more, or a lower threshold as authorized by management

and approved by the OGC.

(A)

Payouts of $1,200 or more shall require written approval by an employee

independent of the transaction that the bingo card has been examined and

verified with the bingo card record to ensure that the ticket has not been

altered.

(ii)

Manual prize payouts above $20,000 (or a lower threshold, as authorized by

management and approved by OGC) shall require one of the two signatures and

verifications to be a supervisory or management employee independent of the

operation of Class II Gaming System bingo.

(iii)

The predetermined thresholds whether set at the MICS level or lower, shall be

authorized by management, approved by the OGC, documented, and maintained.

(iv)

A Class II gaming system may substitute for one authorization/signature

verifying, validating or authorizing a winning card, but may not substitute for a

supervisory or management authorization/signature.

Payout records, including manual payout records, shall include the following

information:

(i)

Date and time;

Amount of the payout (alpha & numeric for player interface payouts); and

(ii)

(iii)

Bingo card identifier or player interface identifier.

(iv)

Manual payout records shall also include the following:

(A)

Game name or number;

(B)

Description of pattern covered, such as cover-all or four corners;

(C)

Signature of all, but not less than two, employees involved in the

transaction;

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(D)

(E)

For override transactions, verification by a supervisory or management

employee independent of the transaction; and

Any other information necessary to substantiate the payout.

(f) Cash and Cash Equivalent Controls

(1)

Cash or cash equivalents exchanged between two persons shall be counted

independently by at least two employees and reconciled to the recorded amounts at the

end of each shift or session. Unexplained variances shall be documented and

maintained. Unverified transfers of cash or cash equivalents are prohibited.

(2)

Procedures shall be implemented to control cash or cash equivalents based on the

amount of the transaction. These procedures shall include documentation by shift,

session, or other relevant time period of the following:

(i)

Inventory, including any increases or decreases;

(ii)

Transfers;

(iii)

Exchanges, including acknowledging signatures or initials; and

(iv)

Resulting variances.

(3)

Any change to control of accountability, exchange, or transfer requires that the cash or

cash equivalents be counted and recorded independently by at least two employees and

reconciled to the recorded amount.

(4)

All funds used to operate the bingo gaming shall be recorded on an accountability form.

(5)

All funds used to operate the bingo gaming shall be counted independently by at least

two persons and reconciled to the recorded amounts at the end of each shift or session.

(6)

Unverified transfers of cash and/or cash equivalents are prohibited.

(g) Technologic Aids to the Play of Bingo. Controls shall be established, and procedures

implemented to safeguard the integrity of technologic aids to the play of bingo during

installations, operations, modifications, removal and retirements. Such procedures shall include

the following:

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(1)

(2)

(3)

(4)

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Shipping and receiving.

(i)

A communication procedure shall be established between the supplier, the

gaming operation, and the OGC to properly control the shipping and receiving of

all software and hardware components. Such procedures shall include:

(A)

Notification of pending shipments shall be provided to the OGC by the

gaming operation;

(B)

Certification in accordance with Chapter 18, Technical Standards for Class

II Gaming Systems and Equipment;

(C)

Notification from the supplier to the OGC, or the gaming operation as

approved by the OGC, of the shipping date and expected date of delivery.

The shipping notification shall include:

1. Name and address of the supplier;

2. Description of shipment;

3. For player interfaces: a serial number;

4. For software: software version and description of software;

5. Method of shipment; and

6. Expected date of delivery.

(ii)

Procedures shall be implemented for the exchange of Class II gaming system

components for maintenance and replacement.

(iii)

Class II gaming system components shall be shipped in a secure manner to deter

unauthorized access.

(iv)

Shipping and Receiving shall receive all Class II gaming system components and

game play software packages and verify the contents against the shipping

notification.

Access credential control methods.

(i)

Controls shall be established to restrict access to the Class II gaming system

components, as set forth in Chapter 11, Information and Technology.

Recordkeeping and audit processes.

(i)

The gaming operation shall maintain the following records, as applicable, related

to installed game servers and player interfaces:

(A)

Date placed into service;

(B)

Date made available for play;

(C)

Supplier;

(D)

Software version;

(E)

Serial number;

(F)

Game title;

(G)

Asset and/or location number;

(H)

Seal number; and

(I)

Initial meter reading.

(ii)

Procedures shall be implemented for auditing such records in accordance with,

Chapter 14, Audit and Accounting.

System software signature verification.

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(i)

(5)

(6)

(7)

(8)

(9)

Procedures shall be implemented for system software verifications. These

procedures shall include comparing signatures generated by the verification

programs required by Chapter 18, Technical Standards for Class II Gaming

Systems and Equipment (g), to the signatures provided in the independent test

laboratory letter for that software version.

(ii)

An employee independent of the bingo operation shall perform system software

signature verification(s) to verify that only approved software is installed.

(iii)

Procedures shall be implemented for investigating and resolving any software

verification variances.

(iv)

Internal audits shall be conducted as set forth in Chapter 14, Audit and

Accounting. Such audits shall be documented.

Installation testing.

(i)

Testing shall be completed during the installation process to verify that the

player interface has been properly installed. This shall include testing of the

following, as applicable:

(A)

Communication with the Class II gaming system;

(B)

Communication with the accounting system;

(C)

Communication with the player tracking system;

(D)

Currency and vouchers to bill acceptor;

(E)

Voucher printing;

(F)

Meter incrementation;

(G)

Pay table, for verification;

(H)

Player interface denomination, for verification;

(I)

All buttons, to ensure that all are operational and programmed

appropriately;

(J)

System components, to ensure that they are safely installed at location;

and

(K)

Locks, to ensure that they are secure and functioning.

Display of rules and necessary disclaimers. The OGC or the operation shall verify that all

game rules and disclaimers are displayed at all times or made readily available to the

player upon request, as required by Chapter 18, Technical Standards for Class II Gaming

Systems and Equipment;

OGC approval of all technologic aids before they are offered for play.

All Class II gaming equipment shall comply with Chapter 18, Technical Standards for

Class II Gaming Systems and Equipment; and

Dispute resolution.

(h) Operations

(1)

Malfunctions. Procedures shall be implemented to investigate, document and resolve

malfunctions. Such procedures shall address the following:

(i)

Determination of the event causing the malfunction;

(ii)

Review of relevant records, game recall, reports, logs, surveillance records;

(iii)

Repair or replacement of the Class II gaming component;

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(iv)

(2)

Verification of the integrity of the Class II gaming component before restoring it

to operation; and

Removal, retirement and/or destruction. Procedures shall be implemented to retire or

remove any or all associated components of a Class II gaming system from operation.

Procedures shall include the following:

(i)

For player interfaces and components that accept cash or cash equivalents:

(A)

Coordinate with the drop team to perform a final drop;

(B)

Collect final accounting information such as meter readings, drop and

payouts;

(C)

Remove and/or secure any or all associated equipment such as locks, card

reader, or ticket printer from the retired or removed component; and

(D)

Document removal, retirement, and/or destruction.

(ii)

For removal of software components:

(A)

Purge and/or return the software to the license holder; and

(B)

Document the removal.

(iii)

For other related equipment such as blowers, cards, interface cards:

(A)

Remove and/or secure equipment; and

(B)

Document the removal or securing of equipment.

(iv)

For all components:

(A)

Verify that unique identifiers, and descriptions of removed/retired

components are recorded as part of the retirement documentation; and

(B)

Coordinate with the accounting department to properly retire the

component in the system records.

(v)

Where the OGC authorizes destruction of any Class II gaming system

components, procedures shall be developed to destroy such components. Such

procedures shall include the following:

(A)

Methods of destruction;

(B)

Witness or surveillance of destruction;

(C)

Documentation of all components destroyed; and

(D)

Signatures of employee(s) destroying components attesting to

destruction.

(i) Vouchers

(1)

Controls shall be established, and procedures implemented to:

(i)

Verify the authenticity of each voucher redeemed.

(ii)

If the voucher is valid, verify that the patron is paid the appropriate amount.

(iii)

Document the payment of a claim on a voucher that is not physically available or

a voucher that cannot be validated such as a mutilated, expired, lost, or stolen

voucher.

(iv)

Retain payment documentation for reconciliation purposes.

(v)

For manual payment of a voucher of $500 or more, require a supervisory

employee to verify the validity of the voucher prior to payment.

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(2)

(3)

(4)

(5)

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Vouchers paid during a period while the voucher system is temporarily out of operation

shall be marked “paid” by the cashier.

Vouchers redeemed while the voucher system was temporarily out of operation shall be

validated as expeditiously as possible upon restored operation of the voucher system.

Paid vouchers shall be maintained in the cashier's accountability for reconciliation

purposes.

Unredeemed vouchers can only be voided in the voucher system by supervisory

employees. The accounting department will maintain the voided voucher, if available.

(j) Other Applicable Controls. All relevant controls from Chapter 11, Information and

Technology and Chapter 18, Technical Standards for Class II Gaming Systems and Equipment,

will apply.

(k) Revenue Audit. Standards for revenue audit of bingo are contained in Chapter 13, Revenue

Audit.

(l) Variance. The operation shall establish, as approved by the OGC, the threshold level at which a

variance, including deviations from the mathematical expectations required by Chapter 18,

Technical Standards for Class II Gaming Systems and Equipment (d), will be reviewed to

determine the cause. Any such review shall be documented.

(m) Bingo Equipment Standards

(1)

(2)

Access to controlled bingo equipment (e.g., blower, balls in play, and back-up balls) shall

be restricted to authorized persons.

Bingo equipment shall be maintained and tested for accuracy by appropriate parties on

a periodic basis, with the frequency established by the gaming operation and approved

by OGC.

(n) Promotional Payouts and Awards

(1)

If the Gaming Operation offers promotional payouts or awards for bingo, the payout

form/documentation shall include the following information:

(i)

Date and time;

(ii)

Dollar amount of payout or description of personal property (e.g., jacket, car,

etc.), including fair market value;

(iii)

Type of promotion; and

(iv)

Signature of at least one employee authorizing and completing the transaction.

(o) Statistical Reports

(1)

Records shall be maintained which include win, write (card sales) and a win-to-write

hold percentage for:

(i)

Each shift or each session;

(ii)

Each day;

(iii)

Month-to-date; and

(iv)

Year-to-date or fiscal year-to-date.

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(2)

(3)

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A manager independent of the bingo department shall review bingo statistical

information on at least a monthly basis and investigate any large or unusual statistical

fluctuations. These investigations shall be documented, maintained for inspection, and

provided to authorized personnel upon request.

The total win and write shall be computed and recorded by shift (or session, if

applicable).

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�

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ONEIDA

Oneida Gaming Minimum Internal Control Standards

Chapter: 2 Bingo

Per ONGO 21.6-14.(d), the OGC is to draft and approve the OGMICS, subject to review and adoption by the OBC,

provided that Gaming Operations has the opportunity to review and comment prior to OGC approval. Gaming

Operations comments are to be included in submissions to the OBC.

OGC-C

Prepared By

Ivory Kelly

Compliance Manager

Oneida Gaming Commission

I Signature

I Date

04/25/19

Shoshana King

Compliance Specialist

Oneida Gaming Commission

Tracy Metoxen

Compliance Specialist

Oneida Gaming Commission

GAMING MANAGMENT

Fawne Rasmussen

AGM - Profit

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Dernck King

Gaming Compliance Manager

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Date

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Oneida Gaming Minimum Internal Control Standards

Chapter 2 Bingo

Note any questions/concerns, including reference to specific point(s):

543.8(a)

Revised to

(a) 1

543.8(b)1

Revised to

(b) 1

Concern/Question

Supervision. Supervision must be provided

as needed for bingo operations by an agent

with the authority equal to or greater than

those being supervised.

Suggestion

Requesting to define

Supervisor in the definition

section. Use SOPB-10 for the

definition.

Bingo Supervisor – persons

authorized by Bingo

Management to make

decisions or to perform

tasks or actions on behalf of

the tribal gaming operation.

Response: Supervisor is requested to be defined in the regulation. However,

the Supervisor definition may not be consistent across all departments.

Supervisor should be defined within SOPs, as needed, and approved by the

OGC. The MICS verbiage will remain as written.

Physical bingo card inventory controls must

Delete the word “the”. If

be documented to the address the placement “the” it cannot be deleted

of orders, receipt, storage, issuance, and

then we suggest moving

cancellation of bingo card inventory to

“must be documented to” to

ensure that:

section 543.8(b)1(iii).

Response: The word ‘the’ can be deleted to make the sentence flow better.

The regulation will be revised to read: (b) Bingo cards. (1) Physical bingo card

inventory controls must be documented to address the placement of orders, receipt,

storage, issuance, removal, and cancellation of bingo card inventory to ensure that:

543.8(b)1(iii)

The bingo card inventory shall be controlled

Revised to

so as to assure the integrity of the cards being

(b)(1)(iii) used.

Requesting to remove this

entire subsection. This is

already stated above in

543.8(b)1.

Response: The added verbiage is intended to enhance the controls, making it

clear the inventory is to be controlled to assure the integrity of the cards

overall (not just to ensure the cards are accounted for and not just to ensure

that cards haven’t been marked, altered, or manipulated – which are

specifics listed in 543.8(b)1(i) and (ii). The MICS verbiage will remain as

written.

REVISED 01/10/19: Response: The language from (b) (1) (iii) will be

combined with 543.8 (b) 1 to read: Physical bingo card inventory controls

shall be documented to address the placement of orders, receipt, storage,

issuance and cancellation of bingo card inventory to ensure the integrity of

the cards being used that:

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Concern

Comment/Suggestion

543.8(b)1(iv) At the end of each month, an authorized

Requesting to remove

Revised to

employee independent of bingo sales and

“Variances of greater than

(b)(1)(iv)

inventory control shall verify the accuracy of

$10 shall be investigated.”

the ending balance in the bingo paper control

Variances are already

by reconciling the paper on-hand to the paper

addressed in the Accounting

sold from the bingo paper control log, to the

Section.

amount of revenue recognized. Variances of

greater than $10 shall be investigated.

Response: The added verbiage is to ensure it’s a known minimum regulatory

requirement for this section. There is no harm in listing the requirement here

and in the Accounting section. The MICS verbiage will remain as written.

543.8(c)1(i)

Employees who sell cards on the floor shall

Requesting to remove this

not verify payouts with cards in their

entire subsection. There is

possession.

already a multiple verification

process in place.

Response: The added verbiage is to ensure independence expectations are

clear. There may be a multiple verification process already in place, however, it

should be a MICS requirement in case SOPs change and unknowingly diminish

the integrity of the control. The MICS verbiage will remain as written.

543.8(c)2

Revised to

(c) (1)(i)

REVISED Response: 543.8(c)1(i) as stated above, was deleted from the final

document. Keeping the verbiage would hinder operations and customer service.

(see comment)

The functions of the seller and payout verifier Define “payout verifier” in the

shall be segregated.

definition section. Use SOPB10 for the definition.

Bingo Paymaster – Bingo

employee who is responsible

for bingo payouts during the

bingo session.

Response: Payout Verifier is requested to be defined in the regulation.

However, the definition may not be consistent across all departments. Payout

Verifier should be defined within SOPs, as needed, and approved by the OGC.

The MICS verbiage will remain as written.

543.8(f)1

Revised to

(f)(1)

REVISED 01/10/19Response: (c) (1) (i) as stated above, was deleted from the

final document. Keeping the verbiage would hinder operations and customer

service.

Cash or cash equivalents exchanged between

Requesting to remove the

two persons must be counted independently by word “investigated”. Controls

at least two agents and reconciled to the

are already in place. Please

recorded amounts at the end of each shift or

reference SOPB-30 &

session. Unexplained variances must be,

SOPA(B)-01.

documented and maintained. Unverified

transfers of cash or cash equivalents are

prohibited. Variances of greater than $10

shall be investigated.

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543.8(m)2

Revised to

(m)(2)

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Response: The added verbiage is to ensure investigation expectations are clear.

There may be controls documented in SOPs, however, it should be a MICS

requirement in case SOPs change and unknowingly diminish the integrity of the

control. The MICS verbiage will remain as written.

REVISED Response: The word investigated was removed, after further

discussion between Gaming Management and OGC.

Bingo equipment shall be maintained and

checked for accuracy with the frequency

established by the gaming operation and

approved by the OGC.

Requesting to have this

subsection wrote as the

current OGMICR has it stated.

“Bingo equipment shall be

maintained and tested for

accuracy by appropriate

parties on a periodic basis.”

Response: The current OGMICR Access Controls 5-26.b. states, “Bingo

equipment shall be maintained and tested for accuracy by appropriate parties on a

periodic basis.” The requested change is agreeable - with the inclusion of “with

the frequency established by the gaming operation and approved by the

OGC.”

The revised 543.8(m)2 will read: “Bingo equipment shall be maintained and

tested for accuracy by appropriate parties on a periodic basis, with the frequency

established by the gaming operation and approved by the OGC.”

543.8(n)1(iv)

Name of employee

Requesting to add section

Revised to

completing the transaction. 543.8(n)1(iv) as written.

(n)(1)(iv)

Response: Per current OGMICR, the suggested verbiage is currently 5-27.d. The

change is agreeable with the inclusion of the authorizing signature (to deter

fraudulent transactions). This section will be reformatted to read:

543.8(n)2

(n) Promotional Payouts and Awards.

(1)

If the Gaming Operation offers promotional payouts or awards for

bingo, the payout form/documentation shall include the following

information:

(i)

Date and time;

(ii)

Dollar amount of payout or description of personal property

(e.g., jacket, car, etc.), including fair market value;

(iii)

Type of promotion; and

(iv)

Signature of at least one employee authorizing and

completing the transaction.

Signature of at least one employee

authorizing and completing the transaction.

Requesting to remove this

subsection. It is already

addressed in the purposed

section 543.8(n)1(iv)

Response: This is an agreeable formatting change. (see above):

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Per ONGO 21.6-14.(d), the OGC is to draft and approve the OGMICS, subject to review and adoption by the OBC,

provided that Gaming Operations has the opportunity to review and comments prior to OGC app

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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