Oneida Business Committee (2020)
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Public Packet
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Oneida Business Committee
Executive Session
8:30 AM Tuesday, March 10, 2020
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 AM Wednesday, March 11, 2020
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.
Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members
of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and
present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.
I.
CALL TO ORDER
II.
OPENING
III.
ADOPT THE AGENDA
IV.
MINUTES
A.
V.
Approve the February 26, 2020, regular Business Committee meeting minutes
Sponsor: Lisa Summers, Secretary
RESOLUTIONS
A.
Adopt resolution entitled Authorizing the use of Self-Governance Carryover Funds
to Purchase A Walk-Through Metal Detector for the Judiciary
Sponsor: Jennifer Webster, Councilwoman
B.
Adopt resolution entitled Boards, Committees, and Commissions Law emergency
amendments
Sponsor: David P. Jordan, Councilman
C.
Approve two (2) actions regarding the resolution entitled Interpretation of General
Tribal Council January 20, 2020 Economic Development and Fiscal Strategy Motion
and Setting Implementation Procedures
Sponsor: David P. Jordan, Councilman
Oneida Business Committee
Regular Meeting Agenda
Page 1 of 4
March 11, 2020
Public Packet
VI.
VII.
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APPOINTMENTS
A.
Determine next steps regarding one (1) vacancy - Oneida Personnel Commission
Sponsor: Lisa Summers, Secretary
B.
Determine next steps regarding five (5) Pro Tem vacancies - Oneida Personnel
Commission
Sponsor: Lisa Summers, Secretary
STANDING COMMITTEES
A.
VIII.
IX.
1.
Accept the February 19, 2020, regular Legislative Operating Committee
meeting minutes
Sponsor: David P. Jordan, Councilman
2.
Accept the memorandum regarding the issues identified in the 2020 special
election final report as information
Sponsor: David P. Jordan, Councilman
TRAVEL REPORTS
A.
Approve the travel report - Coucilman Kirby Metoxen - Chicago Travel & Adventure
Show - Rosemont, IL - February 7-10, 2020
Sponsor: Kirby Metoxen, Councilman
B.
Approve the travel report and determine next steps regarding action items Secretary Lisa Summers - Tribal Caucus and GLITC Emergency Management
Summit - Lac du Flambeau, WI - February 25-27, 2020
Sponsor: Lisa Summers, Secretary
TRAVEL REQUESTS
A.
X.
LEGISLATIVE OPERATING COMMITTEE
Approve the travel request - Secretary Lisa Summers - M3 Meeting - Halifax, NS May 19-23, 2020
Sponsor: Lisa Summers, Secretary
NEW BUSINESS
A.
Approve the Oneida Trust Enrollment Committee/Oneida Business Committee
Memorandum of Agreement
Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee
B.
Approve the amendment - Brown County Public Works Department project
agreement - file # 2020-0203
Sponsor: Debbie Thundercloud, General Manager
Oneida Business Committee
Regular Meeting Agenda
Page 2 of 4
March 11, 2020
Public Packet
XI.
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GENERAL TRIBAL COUNCIL
A.
XII.
Acknowledge receipt of the 2020 annual report from the Oneida Nation Arts Board
Sponsor: Lisa Summers, Secretary
EXECUTIVE SESSION
A.
B.
REPORTS
1.
Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
2.
Accept the General Manager report 8:30 a.m.
Sponsor: Debbie Thundercloud, General Manager
AUDIT COMMITTEE
1.
Accept the January 16, 2020, regular Audit Committee meeting minutes
Sponsor: David P. Jordan, Councilman
2.
Accept the January 30, 2020, emergency Audit Committee meeting minutes
Sponsor: David P. Jordan, Councilman
3.
Accept the Food Distribution performance assurance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
4.
Accept the Medical Records performance assurance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
5.
Accept the Oneida Pow-wow Committee performance assurance audit and lift
the confidentiality requirement
Sponsor: David P. Jordan, Councilman
6.
Accept the Information Technology FY-2018 compliance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
7.
Accept the Four Card Poker rules of play compliance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
8.
Accept the Ultimate Texas Hold'em rules of play compliance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
Oneida Business Committee
Regular Meeting Agenda
Page 3 of 4
March 11, 2020
Public Packet
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C.
UNFINISHED BUSINESS
1.
Defer the Joint Marketing Standard Operating Procedures regarding Tickets &
Merchandise Distribution to the April 8, 2020, regular Business Committee
meeting agenda 11:30 a.m.
Sponsor: Michele Doxtator, Area Manager/Retail Profits
Excerpt from February 26, 2020: (1) Motion by Jennifer Webster to direct Joint
Marketing to submit all their Standard Operating Procedures regarding Tickets &
Merchandise Distribution to the March 10, 2020, regular Business Committee
meeting agenda, seconded by Brandon Stevens. Motion carried. (2) Motion by
Jennifer Webster to direct Joint Marketing to ensure a Standard Operating
Procedure is in place regarding how excess merchandise will be managed and
bring back within thirty (30) days, seconded by Ernie Stevens III. Motion carried.
2.
Approve the updated reorganization proposal and Gantt chart for Oneida
Retail Enterprise 1:30 p.m.
Sponsor: Michele Doxtator, Area Manager/Retail Profits
Excerpt from April 24, 2019: Motion by David P. Jordan to approve the
reorganization proposal for Oneida Retail Enterprise, noting an implementation plan
will be brought back when ready, seconded by Kirby Metoxen. Motion carried.
D.
XIII.
NEW BUSINESS
1.
Review applications for one (1) vacancy - Oneida Personnel Commission
Sponsor: Lisa Summers, Secretary
2.
Review applications for five (5) Pro Tem vacancies - Oneida Personnel
Commission
Sponsor: Lisa Summers, Secretary
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and
Open Meetings law (§ 107.14.)
The meeting packet of the open session materials for this meeting is available by going to the Oneida
Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364
or (800) 236-2214
Oneida Business Committee
Regular Meeting Agenda
Page 4 of 4
March 11, 2020
Public Packet
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Approve the February 26, 2020, regular Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
03/11/20
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Contract Document(s) ☐ Legal Review
☐ Correspondence
☒ Minutes
☐ Fiscal Impact Statement ☐ Report
☐ Other: Describe
☐ Resolution
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☐ Not Applicable
☐ Budgeted – Grant Funded
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Summers, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
LLIGGINS
☐ Unbudgeted
Public Packet
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DRAFT
Oneida Business Committee
Executive Session
8:30 AM Tuesday, February 25, 2020
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 AM Wednesday, February 26, 2020
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
EXECUTIVE SESSION
Present: Chairman Tehassi Hill, Treasurer Trish King, Council members: Daniel Guzman King, Ernie
Stevens III, Jennifer Webster;
Not Present: Secretary Lisa Summers, Council members: David P. Jordan, Kirby Metoxen;
Arrived at: Vice-Chairman Brandon Stevens at 8:38 a.m.;
Others present: James Bittorf, Larry Barton, Debbie Thundercloud, Lisa Liggins, Jeff Bowman, Nathan
King, Jeff House, Becky Demmith, John Breuninger, Jeanne Calhoun, Robert Barton, Lisa Turpin, Eric
McLester, Steve Loomis, Melinda J. Danforth, Candice Skenandore, Tamara VanSchyndel, Jason King,
Jason Doxtator, Chad Fuss, James Sommerfeldt, Joanie Buckley, Kaylynn Gresham;
REGULAR MEETING
Present: Chairman Tehassi Hill, Treasurer Trish King, Council members: Daniel Guzman King, Ernie
Stevens III, Jennifer Webster;
Not Present: Secretary Lisa Summers, Council members: David P. Jordan, Kirby Metoxen;
Arrived at: Vice-Chairman Brandon Stevens at 8:31 a.m.;
Others present: Bonnie Pigman, Clorissa Santiago, Chris Cornelius, Chaz Wheelock, Mark Powless,
Tasheena Peters, Laura Manthe, Robin John, Carol Silva, Sandra Reveles, Xavier Horkman, Tonya
Webster, Joshua Hicks, Carole Liggins;
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 8:30 a.m.
For the record: Secretary Lisa Summers is attending the Tribal Caucus in Lac du Flambeau, WI.
Council members David P. Jordan and Kirby Metoxen are on vacation.
Vice-Chairman Brandon Stevens arrived at 8:31 a.m.
II.
OPENING (00:00:40)
Opening provided by Chairman Tehassi Hill.
A.
Presentation of distribution to the Oneida Nation by Bay Bancorporation, Inc.
(00:04:20)
Sponsor: David P. Jordan, Councilman
Nathan King, Vice-President of Bay Bank, presented a $100,000 dividend to the Oneida Nation.
Oneida Business Committee
Regular Meeting Minutes
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February 26, 2020
Public Packet
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DRAFT
III.
ADOPT THE AGENDA (00:07:13)
Motion by Brandon Stevens to adopt the agenda with one (1) change [add item IX.G. Approve the
travel request in accordance with § 219.4-3.(c) and § 219.16.1 - Twenty-five (25) Oneida Hymn
Singers - 2020 Dedication of the National Native American Veterans Memorial - Washington DC November 9-13, 2020], seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
IV.
OATH OF OFFICE (00:07:59)
Oaths of office adminstered by Treasurer Trish King. James R. Skenandore Jr. was present.
A.
V.
Oneida Environmental Resource Board - James R. Skenandore Jr.
Sponsor: Lisa Summers, Secretary
MINUTES
A.
Approve the February 12, 2020, regular Business Committee meeting minutes
(00:10:48)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to approve the February 12, 2020, regular Business Committee meeting
minutes, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
VI.
RESOLUTIONS
A.
Approve resolution entitled Tobacco Law Emergency Amendments (00:11:15)
Sponsor: David P. Jordan, Councilman
Motion by Brandon Stevens to adopt resolution 02-26-20-A Tobacco Law Emergency Amendments,
seconded by Jennifer Webster. Motion carried:
Ayes:
Trish King, Brandon Stevens, Jennifer Webster
Abstained:
Daniel Guzman King, Ernie Stevens III
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Oneida Business Committee
Regular Meeting Minutes
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February 26, 2020
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VII.
STANDING COMMITTEES
A.
FINANCE COMMITTEE
1.
Accept the February 3, 2020, regular Finance Committee meeting minutes
(00:12:46)
Sponsor: Trish King, Treasurer
For the record: Councilwoman Jennifer Webster stated I apologize for having to do this, but I have to
because we're all suppposed to be accountable. It's unfortunate that we don't have the Sanctions and
Penalties [law]. If you look on the Finance Committee meeting minutes from February 3rd, we've got
another unexcused [absence] from a council member. No show, no call, not even a courtesy call. I
just...we just did an oath of office for somebody and we asked them to be accountable and I think we
have to be accountable as well. Every employee has to be to work by 8 o'clock. This is a 9 o'clock
meeting. After this meeting, we had an emergency meeting with ONCOA [Oneida Nation Commission
on Aging], the council member was late for the ONCOA meeting besides skipping this meeting. It's got
to stop. I just feel like I'm the mom having to scold her children. Chairman I'd like to ask you to do
somehting about it.
For the record: Councilman Daniel Guzman King stated for clarification, this is the my first and only
unexcused absence this term. I would have to apologize to the Committee for not calling or sending
an e-mail. It was a personal matter; it came up last minute which I had to deal with. Yes, I missed one
meeting and was late for another for personal issues. I'm not going to make any excuse for this
unexcused absence, but it is my first. Councilwoman Webster has previously stated that I've missed
meetings in the past, unexcused, but that is incorrect. The previous meeting I had missed, the Finance
Committee meeting I had missed, I did call and e-mailed. I was in the hospoital with my uncle as he
was on his deathbed. I don't consider that unexcused. I do apologize for this matter. Thank you.
Motion by Jennifer Webster to accept the February 3, 2020, regular Finance Committee meeting
minutes, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
2.
Accept the February 17, 2020, regular Finance Committee meeting minutes
(00:17:52)
Sponsor: Trish King, Treasurer
Motion by Jennifer Webster to accept the February 17, 2020, regular Finance Committee meeting
minutes, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Oneida Business Committee
Regular Meeting Minutes
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February 26, 2020
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DRAFT
B.
LEGISLATIVE OPERATING COMMITTEE
1.
Accept the February 5, 2020, regular Legislative Operating Committee meeting
minutes (00:18:21)
Sponsor: David P. Jordan, Councilman
Motion by Jennifer Webster to accept the February 5, 2020, regular Legislative Operating Committee
meeting minutes, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
VIII.
TRAVEL REPORTS
A.
Approve the travel report - Councilwoman Jennifer Webster - Tribal SelfGovernance Advisory Committee (TSGAC)/SGAC - Washington DC - January 2224, 2020 (00:18:52)
Sponsor: Jennifer Webster, Councilwoman
Motion by Brandon Stevens to approve the travel report from Councilwoman Jennifer Webster for the
Tribal Self-Governance Advisory Committee (TSGAC)/SGAC in Washington DC - January 22-24,
2020, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III
Abstained:
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
B.
Approve the travel report - Councilwoman Jennifer Webster - Tribal SelfGovernance Advisory Committee (TSGAC)/SGAC - Washington DC - September
30-October 2, 2019 (00:19:45)
Sponsor: Jennifer Webster, Councilwoman
Motion by Brandon Stevens to approve the travel report from Councilwoman Jennifer Webster for the
Tribal Self-Governance Advisory Committee (TSGAC)/SGAC in Washington DC - September 30October 2, 2019, seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III
Abstained:
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
C.
Approve the travel report - Councilwoman Jennifer Webster - Administration of
Children & Families Tribal Advisory Committee meeting - Washington DC November 18-21, 2019 (00:20:17)
Sponsor: Jennifer Webster, Councilwoman
Motion by Brandon Stevens to approve the travel report from Councilwoman Jennifer Webster for the
Administration of Children & Families Tribal Advisory Committee meeting - Washington DC November 18-21, 2019, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III
Abstained:
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
For the record: The costs for the travel associated with these three (3) reports [items VIII.A.-VIII.C.] were
covered by federal agencies.
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Regular Meeting Minutes
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February 26, 2020
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IX.
TRAVEL REQUESTS
A.
Approve the travel request - Treasurer Trish King - Treasury Tribal Advisory
Committee Public Meeting - Washington DC - March 29-April 1, 2020 (00:21:30)
Sponsor: Trish King, Treasurer
Motion by Jennifer Webster to approve the travel request for Treasurer Trish King to attend the
Treasury Tribal Advisory Committee Public Meeting in Washington DC - March 29-April 1, 2020,
seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
B.
Approve the travel request - Councilwoman Jennifer Webster - 2020 Tribal SelfGovernance Conference - Burlingame, CA - April 25-May1, 2020 (00:22:09)
Sponsor: Jennifer Webster, Councilwoman
Motion by Brandon Stevens to approve the travel request for Councilwoman Jennifer Webster to
attend the 2020 Tribal Self-Governance Conference in Burlingame, CA - April 25-May1, 2020,
seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III
Abstained:
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
C.
Approve the travel request amendment - Up to four (4) BC members - 35th National
Indian Gaming Association Tradeshow & Convention - San Diego, CA - March 2327, 2020 (00:23:18)
Sponsor: Ernie Stevens III, Councilman
Motion by Brandon Stevens to approve the travel request amendment for up to four (4) BC members to
attend the 35th National Indian Gaming Association Tradeshow & Convention in San Diego, CA March 23-27, 2020, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
D.
Approve two (2) actions regarding the travel request - Six (6) Oneida Nation
Veterans Affairs Committee members - Washington University's 30th Annual Pow
Wow - St. Louis, MO - April 10-12, 2020 (00:24:00)
Sponsor: Gerald Corenlius, Chair/Oneida Nation Veterans Affair Committee
Motion by Brandon Stevens to approve the travel request in accordance with § 219.16-1. for six (6)
Oneida Nation Veterans Affairs Committee members to attend the Washington University's 30th
Annual Pow Wow in St. Louis, MO - April 10-12, 2020 and to approve the tribal vehicle passengers
listed in the memorandum dated February 24, 2020, in accordance with § 210.6-3.(d)., seconded by
Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
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Regular Meeting Minutes
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E.
Enter the e-poll results into the record regarding the travel request for Secretary
Lisa Summers - Tribal Caucus (00:26:49)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to enter the e-poll results into the record regarding the travel request for
Secretary Lisa Summers - Tribal Caucus, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
F.
Enter the e-poll results into the record regarding the travel request for ViceChairman Brandon Stevens - Three (3) events (00:27:16)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to enter the e-poll results into the record regarding the travel request for
Vice-Chairman Brandon Stevens - Three (3) events, seconded by Daniel Guzman King. Motion
carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
G.
Approve the travel request in accordance with § 219.4-3.(c) and § 219.16.1 Twenty-five (25) Oneida Hymn Singers - 2020 Dedication of the National Native
American Veterans Memorial - Washington DC - November 9-13, 2020 (00:28:10)
Sponsor:
Motion by Jennifer Webster to approve the travel request in accordance with the Oneida Travel and
Expense Policy [§ 219.4-3.(c) and § 219.16-1.] for twenty (20) Oneida Hymn Singers to attend the
2020 Dedication of the National Native American Veterans Memorial in Washington DC - November 913, 2020, contingent upon the group being selected to preform at the event, seconded by Ernie
Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
X.
NEW BUSINESS
A.
Review the Title 31 (Chapter 17) Oneida Gaming Minimum Internal Controls and
determine appropriate next steps (00:33:15)
Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission
Motion by Brandon Stevens to accept the notice of the Oneida Gaming Minimum Internal Controls for
Title 31 (Chapter 17) approved by the Oneida Gaming Commission on January 21, 2020, and direct
notice to the Oneida Gaming Commission there are no requested revisions under § 501.6-14(d),
seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
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Regular Meeting Minutes
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B.
Approve the Capital Project grant application (00:34:00)
Sponsor: Ernie Stevens III, Councilman
Motion by Daniel Guzman King to approve the Capital Project grant application, nothing the contact will
be changed to the General Manager, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
C.
Approve the application for appointed boards, committees, and commissions
(00:40:26)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to approve the application for appointed boards, committees, and
commissions, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
D.
Approve the application for elected positions (00:42:58)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to approve the application for elected positions, seconded by Trish King.
Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
E.
Consider request to reinstate the Oneida Land Claims Commission stipends
(00:47:10)
Sponsor: Loretta V. Metoxen, Chair/Oneida Land Claims Commission
Motion by Daniel Guzman King to approve the request to reinstate1 the Oneida Land Claims
Commission stipends, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
1 Chairman Tehassi Hill clarified this motion would reinstate the stipends moving forward; stipends earned between
the date of the suspension through February 26, 2020, would continue to be withheld until the 2020 annual report is
accepted by the General Tribal Council.
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F.
Approve two (2) actions regarding funding for the Great Law Recital (01:04:51);
(03:12:20)
Sponsor: Brandon Stevens, Vice-Chairman
Motion by Brandon Stevens to approve the transfer of unused funds from Special Projects Budget –
Constitutional Revision to be reallocated to the Oneida Longhouse and used to off-set the travel
expenses for the Great Law representatives as well as funding for hosting the Great Law, to approve
the correspondence to the Oneida Nation School Board for assistance in funding the Great Law Event,
and to authorize the Vice-Chairman to sign [the correspondence], seconded by Jennifer Webster.
Motion not voted; item tabled.
Motion by Brandon Stevens to table this item until later in the meeting, seconded by Ernie Stevens III.
Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Item X.G. is addressed next.
Motion by Trish King to take this item from the table , seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Motion by Ernie Stevens III to donate funds from the [OBC] Special Projects budget in the amount of
$3,000 to the Oneida Longhouse for Great Law Recital planning, seconded by Jennifer Webster.
Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Item XII.C. is re-addressed next.
G.
Approve exception to resolution # BC-01-22-20-A – cancel the March 24, 2020
executive discussion Business Committee meeting and the March 25, 2020 regular
Business Committee meeting (01:16:55)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to approve exception to resolution # BC-01-22-20-A – cancel the March
24, 2020 executive discussion Business Committee meeting and the March 25, 2020 regular Business
Committee meeting, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Item XII.A. is addressed next.
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Regular Meeting Minutes
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XI.
REPORTS (01:53:00)
Motion by Ernie Stevens III to recess at 10:23 a.m. until 1:30 p.m., seconded by Brandon Stevens.
Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Meeting called to order by Vice-Chairman Brandon Stevens at 1:31 p.m.
Roll call for the record:
Present: Councilman Daniel Guzman King; Treasurer Trish King; Vice-Chairman Brandon
Stevens; Councilman Ernie Stevens III; Councilwoman Jennifer Webster;
Not Present: Chairman Tehassi Hill; Councilman David P. Jordan; Councilman Kirby Metoxen;
Secretary Lisa Summers;
A.
APPOINTED BOARDS, COMMITTEES, COMMISSIONS
1.
Accept the Anna John Resident Centered Care Community Board FY-2020 1st
quarter report (01:53:54)
Sponsor: Candace House, Chair/Anna John Resident Centered Care Community
Board
Motion by Jennifer Webster to accept the Anna John Resident Centered Care Community Board FY2020 1st quarter report, seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Kirby Metoxen, Lisa Summers
2.
Accept the Oneida Community Library Board FY-2020 1st quarter report
(01:55:19)
Sponsor: Xavier Horkman, Chair/Oneida Community Library Board
Motion by Ernie Stevens III to accept the Oneida Community Library Board FY-2020 1st quarter report,
seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Kirby Metoxen, Lisa Summers
3.
Accept the Oneida Environmental Resource Board FY-2020 1st quarter report
(01:57:21)
Sponsor: Marlene Garvey, Chair/Oneida Environmental Resouce Board
Motion by Daniel Guzman King to accept the Oneida Environmental Resource Board FY-2020 1st
quarter report, seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Kirby Metoxen, Lisa Summers
4.
Accept the Oneida Nation Arts Board FY-2020 1st quarter report (02:00:00)
Sponsor: Dawn Walschinski, Chair/Oneida Nation Arts Board
Motion by Trish King to accept the Oneida Nation Arts Board FY-2020 1st quarter report, seconded by
Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Kirby Metoxen, Lisa Summers
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5.
Accept the Oneida Nation Veterans Affairs Committee FY-2020 1st quarter
report (02:03:30)
Sponsor: Gerald Cornelius, Chair/Oneida Nation Veterans Affais Committee
Motion by Jennifer Webster to accept the Oneida Nation Veterans Affairs Committee FY-2020 1st
quarter report, seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Kirby Metoxen, Lisa Summers
6.
Accept the Oneida Personnel Commission FY-2020 1st quarter report (02:05:45)
Sponsor: Sandra Skenandore, Chair/Oneida Personnel Commission
Motion by Trish King to accept the Oneida Personnel Commission FY-2020 1st quarter report,
seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Kirby Metoxen, Lisa Summers
7.
Accept the Oneida Police Commission FY-2020 1st quarter report (02:09:10)
Sponsor: Sandra Reveles, Chair/Oneida Police Commission
Motion by Jennifer Webster to accept the Oneida Police Commission FY-2020 1st quarter report,
seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Kirby Metoxen, Lisa Summers
Vice-Chairman Brandon Stevens recessed the meeting at 1:51 p.m. for five (5) minutes.
Meeting called to order by Vice-Chairman Brandon Stevens at 1:59 a.m.
Roll call for the record:
Present: Councilman Daniel Guzman King; Treasurer Trish King; Vice-Chairman Brandon
Stevens; Councilman Ernie Stevens III; Councilwoman Jennifer Webster;
Not Present: Chairman Tehassi Hill; Councilman David P. Jordan; Councilman Kirby Metoxen;
Secretary Lisa Summers;
8.
Accept the Oneida Pow-wow Committee FY-2020 1st quarter report (02:14:00)
Sponsor: Tonya Webster, Chair/Oneida Pow-wow Committee
Motion by Jennifer Webster to accept the Oneida Pow-wow Committee FY-2020 1st quarter report,
seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Kirby Metoxen, Lisa Summers
9.
Accept the Pardon & Forgiveness Screening Committee FY-2020 1st quarter
report (02:15:15)
Sponsor: Eric Boulanger, Chair/Pardon & Forgiveness Screening Committee
Motion by Trish King to accept the Pardon & Forgiveness Screening Committee FY-2020 1st quarter
report, seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Kirby Metoxen, Lisa Summers
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10.
Accept the Southeastern Wisconsin Oneida Tribal Services Advisory Board
FY-2020 1st quarter report (02:19:00)
Sponsor: Kathryn LaRoque, Chair/Southeastern Wisconsin Oneida Tribal Services
Advisory Board
Motion by Jennifer Webster to accept the Southeastern Wisconsin Oneida Tribal Services Advisory
Board FY-2020 1st quarter report, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Kirby Metoxen, Lisa Summers
Item XI.B.3. is addressed next.
B.
ELECTED BOARDS, COMMITTEES, COMMISSIONS
1.
Accept the Oneida Election Board FY-2020 1st quarter report (02:43:15)
Sponsor: Vicki Conelius, Chair/Oneida Election Board
Motion by Ernie Stevens III to accept the Oneida Election Board FY-2020 1st quarter report, seconded
by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Kirby Metoxen, Lisa Summers
Item XI.B.4. is addressed next.
2.
Accept the Oneida Gaming Commission FY-2020 1st quarter report (02:41:30)
Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission
Motion by Brandon Stevens to accept the Oneida Gaming Commission FY-2020 1st quarter report,
seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III, Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Kirby Metoxen, Lisa Summers
Item XI.B.1. is addressed next.
3.
Accept the Oneida Land Claims Commission FY-2020 1st quarter report
(02:21:40)
Sponsor: Loretta V. Metoxen, Chair/Oneida Land Claims Commission
Chairman Tehassi Hill returned at 2:21 p.m. and assumed the role of the Chair.
Motion by Jennifer Webster to accept the Oneida Land Claims Commission FY-2020 1st quarter
report, seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Item XI.B.2. is addressed next.
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4.
Accept the Oneida Land Commission FY-2020 1st quarter report (02:50:00)
Sponsor: Rae Skenandore, Chair/Oneida Land Commission
Motion by Jennifer Webster to accept the Oneida Land Commission FY-2020 1st quarter report,
seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
5.
Accept the Oneida Nation Commission on Aging FY-2020 1st quarter report
(03:00:25)
Sponsor: Florence Petri, Chair/Oneida Nation Commission on Aging
Councilman Ernie Stevens III left at 2:47 p.m.
Councilman Ernie Stevens III returned at 2:50 p.m.
Motion by Daniel Guzman King to accept the Oneida Nation Commission on Aging FY-2020 1st
quarter report, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
6.
Accept the Oneida Nation School Board FY-2020 1st quarter report (03:07:35)
Sponsor: Lisa Liggins, Chair/Oneida Nation School Board
Motion by Jennifer Webster to accept the Oneida Nation School Board FY-2020 1st quarter report,
seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
7.
Accept the Oneida Trust Enrollment Committee FY-2020 1st quarter report
(03:10:00)
Sponsor: Debra J. Danforth, Chair/Oneida Trust Enrollment Committee
Motion by Ernie Stevens III to accept the Oneida Trust Enrollment Committee FY-2020 1st quarter
report, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Item X.F. is re-addressed next.
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C.
CORPORATE BOARDS
1.
Accept the Bay Bancorporation, Inc. FY-2020 1st quarter report (03:32:15)
Sponsor: Jeff Bowman, President/Bay Bank
Motion by Jennifer Webster to accept the Bay Bancorporation, Inc. FY-2020 1st quarter report,
seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
2.
Accept the Oneida Seven Generations Corporation FY-2020 1st quarter report
(03:35:15)
Sponsor: Pete King III, Agent/Oneida Seven Generations Corporation
Motion by Jennifer Webster to accept the Oneida Seven Generations Corporation FY-2020 1st quarter
report, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
3.
Accept the Oneida ESC Group, LLC. FY-2020 1st quarter report (03:37:10)
Sponsor: John Breuninger, Chair/Oneida ESC Group, LLC.
Motion by Trish King to accept the Oneida ESC Group, LLC. FY-2020 1st quarter report, seconded by
Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
4.
Accept the Oneida Airport Hotel Corporation FY-2020 1st quarter report
(03:39:40)
Sponsor: Robert Barton, President/Oneida Airport Hotel Corporation
Motion by Jennifer Webster to accept the Oneida Airport Hotel Corporation FY-2020 1st quarter report,
seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Item XI.E.1. is addressed next.
5.
Accept the Oneida Golf Enterprise FY-2020 1st quarter report (03:46:15)
Sponsor: Eric McLester, Business Compliance Analyst
Motion by Brandon Stevens to accept the Oneida Golf Enterprise FY-2020 1st quarter report,
seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Item XIV. is addressed next.
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D.
STANDING COMMITTEES
1.
Accept the Community Development Planning Committee FY-2020 1st quarter
report (01:40:00)
Sponsor: Ernie Stevens III, Councilman
Motion by Jennifer Webster to accept the Community Development Planning Committee FY-2020 1st
quarter report, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
2.
Accept the Finance Committee FY-2020 1st quarter report (01:40:49)
Sponsor: Trish King, Treasurer
Motion by Ernie Stevens III to accept the Finance Committee FY-2020 1st quarter report, seconded by
Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
3.
Accept the Legislative Operating Committee FY-2020 1st quarter report
(01:41:24)
Sponsor: David P. Jordan, Councilman
Motion by Brandon Stevens to accept the Legislative Operating Committee FY-2020 1st quarter report,
seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
4.
Accept the Quality of Life Committee FY-2020 1st quarter report (01:42:04)
Sponsor: Brandon Stevens, Vice-Chairman
Motion by Trish King to accept the Quality of Life Committee FY-2020 1st quarter report, seconded by
Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Item XIII.A.1. is addressed next.
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E.
OTHER
1.
Accept the Oneida Youth Leadership Institute FY-2020 1st quarter report
(03:43:)
Sponsor: Cheryl Stevens, Executive Manager/Oneida Youth Leadership Institute
Motion by Jennifer Webster to accept the Oneida Youth Leadership Institute FY-2020 1st quarter
report, seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Item XI.C.5. is addressed next.
XII.
GENERAL TRIBAL COUNCIL
A.
Reschedule the tentative 2020 semi-annual General Tribal Council meeting
(01:18:45)
Sponsor: Lisa Summers, Secretary
Councilman Ernie Stevens III left at 11:39 a.m.
Councilman Ernie Stevens III returned at 11:41 a.m.
Motion by Jennifer Webster to reschedule the tentative 2020 semi-annual General Tribal Council
meeting from Monday July 20, 2020, at 6:00 p.m. to Monday, July 27, 2020, at 5:00 p.m., seconded by
Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Jennifer Webster
Abstained:
Ernie Stevens III
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
B.
Schedule a special Business Committee meeting on March 5, 2020, at 1:30 p.m. to
approve the April 6, 2020, special GTC meeting notice and packet (01:23:43)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to schedule a special Business Committee meeting on March 5, 2020, at
1:30 p.m. to approve the April 6, 2020, special GTC meeting notice and packet, seconded by Trish
King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
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C.
Approve two (2) requested actions - Petitioner Mike Debraska re: Increase GTC
meeting stipend (01:25:10); (03:13:45)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to table this item until later in the meeting, seconded by Brandon Stevens.
Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Item XII.D. is addressed next.
Motion by Trish King to take this item from the table , seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Motion by Jennifer Webster to assign the petition to the semi-annual GTC meeting agenda tentatively
scheduled on July 27, 2020, at 5:00 p.m., seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Jennifer Webster
Opposed:
Ernie Stevens III
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Motion by Trish King to direct the Law, Finance, and Legislative Reference Offices to complete and
submit the legal review, fiscal impact statement, and statement of effect, respectively, to the Secretary
by May 19, 2020, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Jennifer Webster
Abstained:
Ernie Stevens III
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Item XI.C.1. is addressed next.
D.
Acknowledge receipt of the 2020 annual report from the Oneida Land Claims
Commission (01:26:14)
Sponsor: Lisa Summers, Secretary
Motion by Brandon Stevens to acknowledge receipt of the 2020 annual report from the Oneida Land
Claims Commission, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
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E.
PETITIONER NANCY DALLAS
1.
Accept the statement of effect - two (2) petitions (01:27:23)
Sponsor: David P. Jordan, Councilman
Motion by Jennifer Webster to accept the statement of effect - two (2) petitions, seconded by Brandon
Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
2.
Accept the supplemental legal review - two (2) petitions (01:28:00)
Sponsor: Jo Anne House, Chief Counsel
Motion by Ernie Stevens III to accept the supplemental legal review - two (2) petitions, seconded by
Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
3.
Accept the fiscal impact statement - two (2) petitions (01:28:28)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Brandon Stevens to accept the fiscal impact statement - two (2) petitions, seconded by
Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
4.
Accept the statement from the Community Development Planning Committee
Chairman - two (2) petitions (01:29:04)
Sponsor: Ernie Stevens III, Councilman
Motion by Jennifer Webster to accept the statement from the Community Development Planning
Committee Chairman - two (2) petitions, seconded by Daniel Guzman King. Motion withdrawn.
Motion by Jennifer Webster to defer the statement back to the Community Development Planning
Committee Chairman to get input from the rest of the Community Development Planning Committee
members, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Item XI.D.1. is addressed next.
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XIII.
EXECUTIVE SESSION
A.
REPORTS
1.
Accept the Bay Bancorporation, Inc. FY-2020 1st quarter executive report
(01:44:00)
Sponsor: Jeff Bowman, President/Bay Bank
Motion by Brandon Stevens to accept the Bay Bancorporation, Inc. FY-2020 1st quarter executive
report, seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
2.
Accept the Oneida Seven Generations Corporation FY-2020 1st quarter
executive report (01:44:17)
Sponsor: Pete King III, Agent/Oneida Seven Generations Corporation
Motion by Brandon Stevens to accept the Oneida Seven Generations Corporation FY-2020 1st quarter
executive report, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
For the record: Oneida Seven Generations Corporation was still in operation for this reporting period
(September 2019-December 2019). Since then, the entity has been dissolved.
3.
Accept the Oneida ESC Group, LLC. FY-2020 1st quarter executive report
(01:44:50)
Sponsor: John L. Breuninger, Chair/Oneida ESC Group, LLC.
Motion by Ernie Stevens III to accept the Oneida ESC Group, LLC. FY-2020 1st quarter executive
report, seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
4.
Accept the Oneida Airport Hotel Corporation FY-2020 1st quarter executive
report (01:45:13)
Sponsor: Robert Barton, President/Oneida Airport Hotel Corporation Board
Motion by Jennifer Webster to accept the Oneida Airport Hotel Corporation FY-2020 1st quarter
executive report, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
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5.
Accept the Oneida Golf Enterprise FY-2020 1st quarter executive report
(01:45:36)
Sponsor: Eric McLester, Business Compliance Analyst
Motion by Trish King to accept the Oneida Golf Enterprise FY-2020 1st quarter executive report,
seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
6.
Accept the Emergency Management FY-2020 1st quarter executive report
(01:45:55)
Sponsor: Kaylynn Gresham, Director/Emergency Management
Motion by Jennifer Webster to accept the Emergency Management FY-2020 1st quarter executive
report, seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
7.
Accept the Chief Financial Officer February 2020 report (01:46:17)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Trish King to accept the Chief Financial Officer February 2020 report, seconded by Jennifer
Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
8.
Accept the Intergovernmental Affairs, Communications, and Self-Governance
January 2020 report (01:46:35)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by Trish King to accept the Intergovernmental Affairs, Communications, and Self-Governance
January 2020 report, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Motion by Jennifer Webster to approve the Section 105(l) lease packet and authorize the Chairman to
sign the transmittal letter and the lease agreements and to direct Self-Governance to submit the signed
lease packet to IHS, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
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9.
Accept the General Manager report (01:47:26)
Sponsor: Debbie Thundercloud, General Manager
Motion by Trish King to accept the General Manager report, seconded by Jennifer Webster. Motion
carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
10.
Accept the Chief Counsel report (01:47:43)
Sponsor: Jo Anne House, Chief Counsel
Motion by Trish King to accept the Chief Counsel report, seconded by Jennifer Webster. Motion
carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Motion by Trish King to approve the attorney contract addendum for Hobbs Straus Dean and Walker
LLP – file # 2019-0522, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
B.
AUDIT COMMITTEE
1.
Accept the Audit Committee FY-2020 1st quarter report (01:48:19)
Sponsor: David P. Jordan, Councilman
Motion by Trish King to accept the Audit Committee FY-2020 1st quarter report, seconded by Ernie
Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
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C.
UNFINISHED BUSINESS
1.
Determine next steps regarding the Tickets & Merchandise Distribution followup audit (01:48:42)
Sponsor: OBC Officers
Motion by Jennifer Webster to direct Joint Marketing to submit all their Standard Operating Procedures
regarding Tickets & Merchandise Distribution to the March 10, 2020, regular Business Committee
meeting agenda, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Motion by Jennifer Webster to direct Joint Marketing to ensure a Standard Operating Procedure is in
place regarding how excess merchandise will be managed and bring back within thirty (30) days,
seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
2.
Consider a recommendation from the OBC Officers pursuant to §105.7-4
(01:50:37)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to terminate the appointment of Lois Strong on the Oneida Police
Commission pursuant to § 105.7-4 and post the vacancy, seconded by Daniel Guzman King. Motion
carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Jennifer Webster
Abstained:
Ernie Stevens III
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
D.
NEW BUSINESS
1.
Consider the request to expand the scope of the Surveillance System
Replacement Project (01:51:15)
Sponsor: Mark A. Powless Sr., Chairman/Oneida Gaming Commission
Motion by Brandon Stevens to approve the requested expansion to the scope of the Surveillance
System Project, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
2.
Accept the update regarding BCDR-07 2020 annual project target # 2 (01:51:43)
Sponsor: Louise Cornelius, Gaming General Manager
Motion by Jennifer Webster to approve the two (2) requested actions in the memorandum dated
February 20, 2020, regarding BCDR-07 2020 annual project target # 2, seconded by Brandon Stevens.
Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Jennifer Webster
Abstained:
Ernie Stevens III
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
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DRAFT
3.
Approve a limited waiver of sovereign immunity - Priority Agreement - file #
2019-1300 (01:52:19)
Sponsor: Jo Anne House, Chief Counsel
Motion by Trish King to approve a limited waiver of sovereign immunity - Priority Agreement - file #
2019-1300, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
4.
Approve 107 new enrollments (01:52:46)
Sponsor: Debra J. Danforth, Chair/Oneida Trust Enrollment Committee
Motion by Brandon Stevens to approve 107 new enrollments, seconded by Jennifer Webster. Motion
carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
Item XI. is addressed next.
XIV.
ADJOURN (03:49:40)
Motion by Trish King to adjourn at 3:35 p.m., seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
David P. Jordan, Kirby Metoxen, Lisa Summers
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
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February 26, 2020
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Oneida Business Committee Agenda Request
Adopt resolution entitled Authorizing the use of Self-Governance Carryover Funds to Purchase A...
1. Meeting Date Requested:
03 / 11 / 20
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopted Resolution titled Authorizing the use of Self-Governance Carryover Funds to Purchase A WalkThrough Metal Detector for the Judiciary
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Jennifer Webster, Council Member
Primary Requestor/Submitter:
Candice E. Skenandore, Self Governance Coordinator/IGAC
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:
In late December, the Judiciary was informed of serious repetitive threats made against a staff member which
involved the use of a deadly weapon. It was determined that in order to ensure the safety of the Community and
staff, the Judiciary requires the immediate use of a walk-through metal detector.
Adoption of this resolution will authorize the use of general Self Governance carryover funds in the amount of
$3,853.15 be used to purchase a walk-through metal detector and a crowd control post at the Judiciary.
In accordance with BC Resolution 09-25-19-B Update State of Effect Requirement for Resolutions, a statement of
effect is not needed for Self-Governance contract or compact resolutions.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
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Oneida Nation
Post Office Box 365
Phone: (920) 869-2214
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Oneida, WI 54155
BC Resolution # _____________
Authorizing the use of Self-Governance Carryover Funds to Purchase A Walk-Through Metal
Detector for the Judiciary
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,
it is the mission of the Oneida Nation to govern and protect the people, land, and resources
of the Oneida Nation; and
WHEREAS,
the Oneida Nation has a compact and funding agreement with the Department of Interior’s
Bureau of Indian Affairs (BIA) pursuant to Title IV of the Indian Self-Determination and
Education Assistance Act (P.L. 93-638); and
WHEREAS,
Article III, Section 5 of the compact with the Department of Interior states that reallocation
of funds from one program, activity, function, or service to another within a General Budget
Category, or from one General Budget Category to another does not require Secretarial
consent; and
WHEREAS,
in accordance with Section 2 of the funding agreement between the Oneida Nation and the
Department of Interior, the Oneida Nation has broad authority to reallocate funding
between programs; and
WHEREAS,
the Oneida Nation has assumed the responsibility of providing Government and
Administrative services, including but not limited to Aid to Tribal Government and Law
Enforcement, pursuant to Section 2 of the funding agreement; and
WHEREAS,
in late December, the Judiciary received correspondence from the Green Bay Police
Department stating that serious, repetitive threats were made against at least one member
of the Judicial staff and that threats included the use of a deadly weapon; and
WHEREAS,
on January 8, 2020, Self-Governance, the Court Administrator, the Nation’s Architect, and
the Court’s Security met to discuss the safety concern and identify immediate
enhancements to the Judiciary; and
WHEREAS,
it was determined that a walk-through metal detector was the Judiciary’s greatest need to
ensuring that the Community and Judicial staff are safe when receiving and providing
judicial services; and
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BC Resolution # _______
Authorizing the use of Self-Governance Carryover Funds to Purchase of A Walk-Through Metal Detector for the Judiciary
Page 2 of 2
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WHEREAS,
the walk-through metal detector is quoted at $3,772.11 and the crowd control post that will
direct patrons through the metal detector is quoted at $81.04.
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee authorizes that Self-Governance
carryover funds in the amount of $3,853.15 be made available to purchase walk-through metal detector
equipment for the Judiciary.
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Adopt resolution entitled Boards, Committees, and Commissions Law emergency amendments
/ /
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Oneida Nation
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Post Office Box 365
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Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # ________________
Boards, Committees, and Commissions Law Emergency Amendments
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 Boards, Committees, and Commissions law (“the Law”) was adopted by the Oneida
Business through resolution BC-05-14-97-F and amended by resolutions BC-09-27-06-E,
BC-09-22-10-C, and BC-09-26-18-C; and
WHEREAS,
the Law governs boards, committees, and commissions of the Nation, including the
procedures regarding the appointment and election of persons to boards, committees and
commissions, creation of bylaws, maintenance of official records, compensation, and other
items related to boards, committees and commissions; and
WHEREAS,
on February 12, 2020, the Oneida Business Committee adopted a motion to request the
Legislative Operating Committee to consider amendments to the Boards, Committees, and
Commissions law as agreed upon at the February 3, 2020, joint meeting with the Oneida
Land Commission; and
WHEREAS,
an emergency amendment to the Law is being sought to provide that an employee of the
Nation’s Internal Audit Department, Finance Administration, or Law Office shall not be
eligible to serve on an appointed or elected entity due to the potential for a real or perceived
conflict of interest to exist; and
WHEREAS,
the potential for a real or perceived conflict of interest to exist for an employee of the
Internal Audit Department, Finance Administration, and Law Office is based on the fact that
employees of the Internal Audit Department, Finance Administration, or Law Office have
access to confidential information which requires a higher level of professionalism and
fiscal responsibilities than other areas; and
WHEREAS,
it is in the best interest of the Nation to recognize this potential for a conflict of interest to
exist and amend the Law to restrict employee actions on this matter to better protect the
Nation from potential conflicts of interest; and
WHEREAS,
the Legislative Procedures Act authorizes the Oneida Business Committee to enact
legislation on an emergency basis, to be in effect for a period of six (6) months, renewable
for an additional six (6) months; and
WHEREAS,
emergency adoption of legislation is allowed when legislation is necessary for the
immediate preservation of the public health, safety, or general welfare of the Reservation
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BC Resolution _____________
Boards, Committees, and Commissions Law Emergency Amendments
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population, and the amendment of the legislation is required sooner than would be possible
under the Legislative Procedures Act; and
WHEREAS,
the emergency adoption of these amendments to the Law are necessary for the
preservation of the general welfare of the Reservation population in order to ensure that
any potential conflict of an employee of the Nation’s Internal Audit Department, Finance
Administration, and Law Office is eliminated prior to the March 14, 2020 caucus for the July
4, 2020 General Election; and
WHEREAS,
observance of the requirements under the Legislative Procedures Act for adoption of this
amendment would be contrary to public interest since they cannot be completed prior to
the July 2020 Election; and
WHEREAS,
the Legislative Procedures Act does not require a public meeting or fiscal impact statement
when considering emergency legislation; and
NOW THEREFORE BE IT RESOLVED, that the amendments to the Boards, Committees, and
Commissions law are hereby adopted on an emergency basis and shall become effective immediately.
BE IT FINALLY RESOLVED, an employee of the Nation’s Internal Audit Department, Finance
Administration, or Law Office that is currently serving on an appointed or elected board, committee, or
commission of the Nation shall be allowed to complete his or her term.
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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
Boards, Committees, and Commissions Law Emergency Amendments
Summary
This resolution adopts an emergency amendment to the Boards, Committees and Commissions
law which provides that an employee of the Nation’s Internal Audit Department, Finance
Administration, or Law Office shall not be eligible to serve on an appointed or elected entity due
to the potential for a real or perceived conflict of interest to exist.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: March 4, 2020
Analysis by the Legislative Reference Office
This resolution adopts an emergency amendment to the Boards, Committees, and Commissions
law (“the Law”). The purpose of the Law is to govern boards, committees, and commissions of
the Nation, including the procedures regarding the appointment and election of persons to boards,
committees and commissions, creation of bylaws, maintenance of official records, compensation,
and other items related to boards, committees and commissions. [1 O.C. 105.1-1].
The emergency amendment to the Law would provide that an employee of the Nation’s Internal
Audit Department, Finance Administration, or Law Office shall not be eligible to serve on an
appointed or elected entity due to the potential for a real or perceived conflict of interest to exist.
[1 O.C. 105.15-3]. This provision is being added to the Law due to the fact that employees of the
Internal Audit Department, Finance Administration, or Law Office have access to confidential
information which requires a higher level of professionalism and fiscal responsibilities than other
areas.
Therefore, it is in the best interest of the Nation to recognize this potential for a conflict of interest
to exist and amend the Law to restrict employee actions on this matter to better protect the Nation
from a potential conflict of interest.
This resolution also clarifies that an employee of the Nation’s Internal Audit Department, Finance
Administration, or Law Office that is currently serving on an appointed or elected board,
committee, or commission of the Nation shall be allowed to complete his or her term.
The Legislative Procedures Act (LPA) allows the Oneida Business Committee to take emergency
action where it is necessary for the immediate preservation of the public health, safety or general
welfare of the reservation population and when enactment or amendment of legislation is required
sooner than would be possible under the LPA. [1 O.C. 109.9-5].
On February 12, 2020, the Oneida Business Committee adopted a motion to request the Legislative
Operating Committee to consider amendments to the Boards, Committees, and Commissions law
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as agreed upon at the February 3, 2020, joint meeting with the Oneida Land Commission. The
Oneida Business Committee is delegated the responsibility for determining if the emergency
standard provided by the LPA is met. The resolution provides that an emergency amendment to
the Law is necessary for the preservation of the general welfare of the Reservation population in
order to ensure that any potential conflict of an employee of the Nation’s Internal Audit
Department, Finance Administration, and Law Office is eliminated prior to the March 14, 2020
caucus for the July 4, 2020 General Election.
Additionally, the resolution provides that observance of the requirements under the LPA for
adoption of this amendment would be contrary to public interest. The timeframe for the July 2020
General Election activities would not allow for the process and requirements of the LPA to be
completed prior to the election activities beginning.
The emergency amendments to the Law will take effect immediately upon adoption by the Oneida
Business Committee. The emergency amendments will remain effective for six (6) months, with
the possibility to extend for an additional six (6) months, or until the emergency amendments
expire or are permanently adopted. [1 O.C. 109.9-5(b)].
Conclusion
Determination of an emergency is a decision of the Oneida Business Committee based on the
authority granted in the Legislative Procedures Act. Upon a determination that an emergency
exists, adoption of this resolution would not conflict with any of the Nation’s laws.
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Analysis to Emergency Draft 1
2020 03 04
EMERGENCY AMENDMENTS TO
BOARDS, COMMITTEES AND COMMISSIONS LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
REQUESTER:
Legislative Reference
Office
Intent of the
Proposed
Amendments
Purpose
Affected Entities
Related Legislation
Public Meeting
Fiscal Impact
Expiration of
Emergency
Amendments
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SPONSOR:
Jennifer Webster
DRAFTER:
Clorissa N. Santiago
ANALYST:
Brandon Wisneski
To restrict employees of the following departments from serving on a board,
committee or commission of the Nation due to the potential for a real or
perceived conflict of interest:
Internal Audit Department
Finance Administration
Oneida Law Office
To govern boards, committees, and commissions of the Nation, including the
procedures regarding the appointment and election of persons to boards,
committees and commissions… [1 O.C. 105.1]
Oneida Internal Audit Department, Oneida Finance Administration, Oneida Law
Office, Oneida Election Board, Oneida Judiciary, Business Committee Support
Office, and members of any Board, Committee or Commission of the Nation.
Oneida Election law, Oneida Code of Ethics, Oneida Conflict of Interest law.
A public meeting is not required for emergency legislation [1 O.C. 109.8-1(b)
and 9-5(a)].
A fiscal impact statement is not required for emergency legislation [1 O.C.
109.9-5(a)].
Emergency amendments expire six (6) months after adoption and may be
renewed for one additional six (6) month period.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. The Boards, Committees and Commissions law was first adopted by the Oneida Business Committee
on August 2, 1995, and most recently amended on September 26, 2018. On February 12, 2020, the
Oneida Business Committee adopted a motion “to request the Legislative Operating Committee to
consider amendments to the Boards, Committees and Commissions law as agreed upon at the February
3, 2020, joint meeting with the Oneida Land Commission.” The LOC added the law to the Active Files
List on February 19, 2020.
B. The proposed amendments address potential conflicts of interest for employees of certain departments
of the Nation. The amendments add employees of the Nation’s Internal Audit Department, Finance
Administration Office, and Law Office to the list of employees who cannot serve on a board, committee
or commission of the Nation due to the potential for a real or perceived conflict of interest.
C. Given the proximity to the upcoming 2020 Oneida General Election, the LOC proposes emergency
amendments to update the Law prior to the general election caucus on March 14, 2020. The Oneida
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Business Committee is responsible for determining if the standard for an emergency in accordance with
the Legislative Procedures Act (LPA) has been met.
D. The Boards, Committees and Commissions law applies to the following entities of the Nation as
provided for in Table 1. This Law does not apply to the Oneida Business Committee, standing
committees of the Oneida Business Committee, corporate entities, or members of the Judiciary.
Table 1. Boards, Committees and Commissions of the Nation
ELECTED
APPOINTED
Anna John Resident Centered Care Community
Oneida Election Board
Board (AJRCC)
Oneida Gaming Commission
Oneida Community Library Board
Oneida Land Claims Commission
Oneida Environmental Resource Board (ERB)
Oneida Land Commission
Oneida Nation Commission on Oneida Nation Arts Board
Oneida Personnel Commission
Aging (ONCOA)
Oneida Police Commission
Oneida Nation School Board
Oneida Pow Wow Committee
Trust Enrollment Committee
Oneida Nation Veterans Affairs Committee
(ONVAC)
Pardon and Screening Forgiveness Committee
Southeastern WI Oneida Tribal Services Advisory
Board (SEOTS)
SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of this Law
and legislative analysis: Oneida Law Office.
B. The following laws were reviewed in the drafting of this analysis: Oneida Election law, Oneida Code
of Ethics, Oneida Conflict of Interest law, Oneida Nation Gaming Ordinance.
SECTION 4. PROCESS
A. These amendments are being considered on an emergency basis. The Oneida Business Committee may
temporarily enact an emergency law “where legislation is necessary for the immediate preservation of
public health, safety, or general welfare of the reservation population and enactment or amendment of
legislation is required sooner than would be possible under this law” [1 O.C. 109.9-5].
B. The LOC has concluded that observance of the requirements under the Legislative Procedures Act for
the adoption of these amendments would be contrary to public interest as the caucus will be held on
March 14, 2020, and the General Election on July 4, 2020, and the process and requirements of the
Legislative Procedures Act cannot be completed before then.
C. Emergency amendments expire six (6) months after adoption and may be renewed for one additional
six (6) month period.
D. The LPA does not require a public meeting or fiscal impact statement when considering emergency
legislation. However, a public meeting and fiscal impact statement will eventually be required when
considering permanent adoption of these amendments.
C. The LOC added these emergency amendments to the Active Files List on February 19, 2020.
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What is a Conflict of Interest?
“Conflict of interest” means any interest, real or apparent, whether it be personal, financial, political,
or otherwise, in which an elected official, officer, political appointee, employee, contractor, or
appointed or elected member, or their immediate family members, friends or associates, or any other
person with whom they have contact, have that conflicts with any right of the Nation to property,
information, or any other right to own and operate activities free from undisclosed competition or
other violation of such rights of the Nation. In addition, conflict of interest also means any financial
or familial interest an elected official, officer, political appointee, employee, contractor, or appointed
or elected member or their immediate family members may have in any transaction between the
Nation and an outside party.” [1 O.C. 105.5-3(g)].
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SECTION 5. CONTENTS OF THE LEGISLATION
A. New Restriction on Oneida Nation Employees Serving on Boards, Committees and Commissions.
The Boards, Committees and Commissions law states that certain employees of the Nation are not
eligible to service on a board, committee or commission due to potential conflicts of interest [1 O.C.
102.15-3].
Current Restriction. Currently, “political appointees” of the Nation, such as BC Member
Assistants or the Chairperson’s Assistant, are not eligible to serve on a board, committee, or
commission of the Nation. The Law already states that political appointees of the Nation are not
eligible to serve on a board, committee or commission due to the potential for conflicts of interest
Proposed Restriction. The emergency amendments expand this restriction to include additional
employees. Under the proposed amendments, employees of the following Oneida Nation
departments will not be eligible to serve on a board, committee or commission of the Nation:
o Internal Audit Department;
o Finance Administration; and
o Law Office.
Number of Employees Impacted. It is estimated that this new restriction will impact a total of
approximately fifteen (15) positions within the organization:
o At the time this analysis was drafted, the Internal Audit Department had ten (10)
employees, the Oneida Law Office had ten (10) employees, and the Finance Administration
Office had five (5) employees.
o Nothing in this law limits the ability of any department of the Nation from placing their
own restrictions and expectations within employment contracts, job descriptions, or
standard operating procedures. As a result, there may be employees of the Nation who are
already restricted from serving on a board, committee or commission outside of this Law.
Impact on Candidates for Elected Office. The Nation’s Election law states that “No applicant may
have a conflict of interest with the position for which they are being considered, provided that any
conflict of interest which may be eliminated within thirty (30) calendar days of being elected shall
not be considered as a bar to nomination or election” [1 O.C. 102.5-3].
o In other words, employees of these departments may still be nominated for office, run in
an election and win election to a board, committee or commission. However, the winning
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candidate would have to eliminate their conflict of interest prior to taking office by
resigning their position within the Internal Audit Department, Finance Administration, or
Law Office.
SECTION 6. EXISTING LEGISLATION
A. References to Conflict of Interest in Other Laws. The following laws of the Nation reference conflict
of interest as it relates to employees and elected or appointed officials of the Nation. Employees and/or
officials are already subject to the following provisions within other laws:
Conflict of Interest law. The Conflict of Interest law applies to “all agents, elected officials,
officers, political appointees, contractors, appointed and or elected members…” [2 O.C. 217.4-1].
This law requires employees and officials to disclose conflicts of interest:
o “Failure to disclose a conflict of interest may result in removal in accordance with the
Removal law, penalties pursuant to laws of the Nation regarding penalties, or termination
of employment” [2 O.C. 217.6-2 & 217.6-3].
o “When an existing conflict of interest is disclosed, no employee, elected official, or
appointed official may participate in the selection, award or administration of a contract,
including contracts supported by federal award and/or “any other prohibited activities
identified in any other law, policy or rule of the Nation” [2 O.C. 217.7]
Conclusion: There is no conflict between these amendments and the Nation’s Conflict of
Interest law. Upon adoption of these amendments, serving on a board, committee or
commission while being employed in the Nation’s Internal Audit, Finance Administration or
Law Office will become a “prohibited activity identified in [a] law of the Nation” in accordance
with the Conflict of Interest law.
Code of Ethics. All government officials, including persons elected to serve on a board, committee
or commission are subject to the Nation’s Code of Ethics law. The Code of Ethics law includes:
o “A government official shall create and maintain an independent and honorable political
system and shall observe high standards of conduct… including, but not limited to:” [1
O.C. 103.3-3(a)]
“Encouraging separation between departments or entities of tribal government, and
should avoid contact or duty that violates such a separation.”
“Avoid participation in action or decision making (except where participation is in
accordance with the traditions of the Tribe) that would present an appearance of
conflict of interest or an actual conflict of interest.”
o “A government official should disqualify themselves when their action or inaction might
reasonably be questioned, including, but not limited to personal bias…” [1 O.C. 103.3-5]
o “A government official shall regulate their extra governmental activities to minimize the
risk of conflict with duties of their office.” [1 O.C. 103.3-6]
o “Government officials may be subject to either removal, if elected, or termination, if
appointed, for a violation of any part of this ethics code as it applies to them” [1 O.C.
103.6-1]
Conclusion: There is no conflict between the proposed amendments and the Nation’s Code of
Ethics law.
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B. Restrictions on Employees in Current Bylaws. Boards, committees and commissions may place
additional qualifications for membership within their bylaws. Bylaws are a document that provides a
framework for the operation and management of a board, committee or commission. Examples of these
qualifications include age, residency, education, and experience. Some boards already place restrictions
on whether employees of the Oneida Nation may serve on their entity. Below is a review of current
restrictions on employees. For a full review of qualifications for each entity, see each entity’s bylaws.
Table 2. Restrictions on Employees in Current Bylaws.
Board, Committee or
Employees who may not serve on that entity:
Commission
Land Commission
Employees of the Nation’s Audit Department, Finance
Department, Law Office “or other department associated
with items (a) – (j) in section 1-3 of the Land Commission
bylaws:
the Real Property law,
Leasing law,
Building Code,
Condominium Ordinance,
Zoning and Shoreland Protection law,
Eviction and Termination law,
Mortgage and Foreclosure law,
the Cemetery law,
and any other delegating law, policy, rule and/or
resolution of the Nation
Division Directors or Area Managers for the Oneida Nation,
Independent contractor for Land Management or any other
department of the Nation associated with items (a) – (j)
Anna John Resident
Employees of Anna John Resident Centered Care
Centered Care Community Community.
Board
Oneida Community
Employees or contractors of any Oneida Nation Library
Library Board
Branch.
Oneida Environmental
Employees of the Oneida Environmental Health, Safety and
Resource Board (ERB)
Land Division
Oneida Nation Arts Board Employees of the Oneida Nation Arts Board.
Oneida Personnel
Employees of the Oneida Nation.
Commission
Oneida Police Commission Employees of the Oneida Police Department or individuals
terminated from the Oneida Police Department.
Oneida Land Claims
Shall not serve in the capacity of “consultant, contractor or
Commission
attorney for the Land Claims Commission.”
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C. Restrictions on Employees in Current Laws. The following laws of the Nation already restrict certain
employees of the Nation from serving on certain boards, committees and commissions of the Nation:
Table 3. Restrictions on Employees in Other Laws of the Nation.
Law or Bylaw
Entity
Restrictions on Oneida Nation Employees
Oneida Law
Oneida Police
“Must not be an employee of the Oneida
Enforcement
Commission
Police Department” [3 O.C. 301.6-3(e)].
Ordinance
Oneida Nation
Oneida Gaming
“Commissioners shall perform duties… on a
Gaming
Commission
full-time basis… and may not, during tenure
Ordinance
in office, be engaged in any other profession
or business activity…” [5 O.C. 501.6-9].
SECTION 7. OTHER CONSIDERATIONS
A. Deadline for Permanent Adoption of Amendments. The emergency amendments will expire six
months after adoption and may be renewed for one additional six (6) month period.
Conclusion: The LOC will need to develop and adopt permanent amendments to this law within
the next six (6) to twelve (12) months.
B. Consider Restrictions on Other Departments or Positions. These amendments restrict employees of
the Internal Audit Department, Finance Administration and the Law Office from serving on an entity
due to the potential for a real or perceived conflict of interest. However, there may be additional
leadership positions or departments within the organization that may also have the potential for a
conflict of interest. For example, the Land Commission’s bylaws exclude all Area Managers or
Directors from serving on that particular board.
Conclusion: During development of permanent amendments to this law, the LOC should determine
whether there are any additional positions or departments that should be restricted from serving on
a board, committee or commission due to the potential for a real or perceived conflict of interest.
C. Consideration of Additional Amendments. The emergency amendments are limited solely to
restricting certain employees from serving on a board, committee or commission due to real or potential
conflict of interest. However, there may be other areas of the law that could benefit from further
amendments. In 2019, the Legislative Reference Office (LRO) completed a one-year review of the
Boards, Committees and Commissions law. During this review, the LRO collected feedback from
boards, committees and commissions for suggested amendments.
Conclusion: During development of permanent amendments to this law, the LOC should review
feedback received during the one-year review and consult with relevant boards, committees,
commissions and the BC Support Office to identify any additional amendments.
D. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.
Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except
emergency legislation [1 O.C. 109.6-1].
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Title 1. Government and Finances – Chapter 105
BOARDS, COMMITTEES AND COMMISSIONS
Laotiyanl<hsla>sh&ha k<tyohkway<=t&=se>
Their laws
of the groups we have
BOARDS, COMMITTEES, AND COMMISSIONS
105.1. Purpose and Policy
105.2. Adoption, Amendment, Repeal
105.3. Definitions
105.4. Creation of an Entity
105.5. Applications
105.6. Vacancies
105.7. Appointment to an Entity
105.8. Election to an Entity
105.9. Oath of Office
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105.10. Bylaws
105.11 Electronic Polling
105.12. Reporting Requirements
105.13. Stipends, Reimbursement and Compensation
105.14. Confidential Information
105.15. Conflicts of Interest
105.16. Use of the Nation’s Assets
105.17. Dissolution of an Entity
105.18. Enforcement
105.1. Purpose and Policy
105.1-1. It is the purpose of this law to govern boards, committees, and commissions of the Nation,
including the procedures regarding the appointment and election of persons to boards, committees
and commissions, creation of bylaws, maintenance of official records, compensation, and other
items related to boards, committees and commissions.
(a) This law shall not apply to the Oneida Business Committee, or Standing Committees
of the Oneida Business Committee.
(b) This law does not apply to Tribal corporations due to the corporate structure and
autonomy of those entities.
105.1-2. It is the policy of the Nation to have consistent and standard procedures for choosing and
appointing or electing the most qualified persons to boards, committees and commissions, for
creation of bylaws governing boards committees and commissions, and for the maintenance of
information created by and for boards, committees and commissions.
105.2. Adoption, Amendment, Repeal
105.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-14-97-F
and amended by resolutions BC-09-27-06-E, BC-09-22-10-C, and BC-09-26-18-C., and BC-____-__-__.
105.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
105.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
105.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
105.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
105.3. Definitions
105.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "Application" means the form by which a person seeks to be appointed to fill a vacancy
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on an entity.
(b) "Appointment" means the process by which a person is chosen to fill a vacancy on an
entity by the Oneida Business Committee.
(c) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding
holidays recognized by the Nation.
(d) “Bylaws” means a document which provides a framework for the operation and
management of a board, committee, or commission of the Nation chiefly for the
government of its members and the regulation of its affairs.
(e) “Conference” means any training, seminar, meeting, or other assembly of persons
which is not an assembly of the entity.
(f) “Confidential information” means all information or data, whether printed, written, or
oral, concerning business or customers of the Nation, disclosed to, acquired by, or
generated by a member of an entity in confidence at any time during their elected or
appointed term or during their employment.
(g) “Conflict of interest” means any interest, real or apparent, whether it be personal,
financial, political, or otherwise, in which an elected official, officer, political appointee,
employee, contractor, or appointed or elected member, or their immediate family members,
friends or associates, or any other person with whom they have contact, have that conflicts
with any right of the Nation to property, information, or any other right to own and operate
activities free from undisclosed competition or other violation of such rights of the Nation.
In addition, conflict of interest also means any financial or familial interest an elected
official, officer, political appointee, employee, contractor, or appointed or elected member
or their immediate family members may have in any transaction between the Nation and
an outside party.
(h) "Entity" means a board, committee or commission created by the General Tribal
Council or the Oneida Business Committee whose members are appointed by the Oneida
Business Committee or elected by the Nation’s membership.
(i) “E-poll” means an electronic poll, which is the act of delivering an e-mail to all
members of an entity, in order to seek a response which identifies a vote in favor of,
opposing, or abstaining to an issue requiring approval by the entity.
(j) “Joint meeting” means a meeting with the Oneida Business Committee.
(k) “Nation” means the Oneida Nation.
(l) Per Diem means the payment made by the Nation to offset the costs of being on travel
on behalf of the Oneida Nation.
(m) “Political appointee” means a person appointed by a member of the Oneida Business
Committee to provide assistance with the Oneida Business Committee member’s daily
activities and operations.
(n) “Prohibited drugs” means marijuana, cocaine, opiates, amphetamines, phencyclidine
(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substance
included in Schedules I through V, as defined by Section 812 of Title 21 of the United
States Code. This also includes prescription medication or over-the-counter medicine used
in an unauthorized or unlawful manner.
(o) Stipend means the amount paid by the Oneida Nation to a person serving on a board,
committee, or commission of the Nation in order to compensate the individual for his or
her contribution of time, effort, and work for his or her board, committee, or commission
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for the betterment of the Nation.
(p) “Subcommittee” means a subgroup of an entity; which is comprised of fewer than all
members of the entity; which is designated one (1) or more specific responsibilities on
behalf of the entity.
(q) “Substantiated complaint” means a complaint or allegation in a complaint that was
found to be valid by clear and convincing evidence.
(r) "Task Force or Ad Hoc" means a group of persons gathered to pursue a single goal, the
accomplishment of which means the disbanding of the group. The goal is generally
accomplished in a short time period, i.e. less than one year, but the goal itself may be longterm.
(s) "Vacancy" means any position on any board, committee or commission caused by
resignation, end of term, removal, termination, or creation of a new position.
105.4. Creation of an Entity
105.4-1. An entity of the Nation shall be created by a resolution or law adopted by the Oneida
Business Committee or General Tribal Council.
105.4-2. The law or resolution establishing the entity shall state the purpose of the entity and all
powers and responsibilities delegated to the entity.
105.4-3. The Oneida Business Committee shall be responsible for drafting the initial bylaws of
the entity.
105.5. Applications
105.5-1. The Oneida Business Committee shall approve all applications to serve on an entity of
the Nation. All application materials shall be available in the Business Committee Support Office
and any other location specified by the Business Committee Support Office.
(a) All applications shall include:
(1) a statement explaining the attendance requirements of section 105.12-3; and
(2) a section regarding disclosures of conflicts of interest.
(b) An additional application form shall be required for those entities that require a
background investigation. This background investigation application shall include the
applicant’s social security number and any other information required for a background
investigation. The background investigation application shall be solely used for the
background investigation and not included in the application materials that are then shared
with the Oneida Business Committee, entity, and/or the Election Board.
105.5-2. Applications shall be filed with the Business Committee Support Office by 4:30 p.m. of
the deadline date.
105.5-3. Within eight (8) days after the posted deadline for filing applications the Business
Committee Support Office shall notify all persons who have filed an application of the date his or
her application was received and if his or her application met the deadline to be considered for the
election or appointment.
105.5-4. Applications for elected positions shall be verified according to the Nation’s laws and/or
policies governing elections. Applications for appointed positions shall be verified by the Business
Committee Support Office as needed or as required in the bylaws of the entity.
105.5-5. Insufficient Applicants. In the event that there are an insufficient number of applicants
after the deadline date has passed for appointed positions, the Oneida Business Committee may
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elect to:
(a) include within the pool of appointed persons late applications, or
(b) repost for an additional time period. In the event of reposting, prior applicants will be
considered to have filed applications within the deadline period.
105.6. Vacancies
105.6-1. The manner by which an individual fills a vacancy, either through election or
appointment, shall determine that member’s status as an appointed or elected official, despite the
entity’s classification as an appointed or elected entity pursuant to the entity’s bylaws.
105.6-2. A position on an entity shall be considered vacant in the following situations:
(a) End of Term. A vacancy is effective as of 4:30 p.m. of the last day of the month in
which the term ends.
(1) Although a position is considered vacant once the term ends, the member of the
entity may remain in office until the member’s successor has been sworn in by the
Oneida Business Committee in an effort to prevent a discontinuation of business or
a loss of quorum for the entity.
(b) Removal. Removal is effective, pursuant to any law and/or policy of the Nation
regarding removal.
(c) Termination of Appointment. A termination is effective upon a two-thirds (2/3)
majority vote of the Oneida Business Committee in favor of a member’s termination of
appointment.
(d) Resignation. A resignation is effective upon:
(1) Deliverance of a letter to the Business Committee Support Office and to the
Chairperson of the entity, or designee; or
(2) Acceptance by motion of the entity of a verbal resignation.
(e) New Positions. Vacancies on new entities are effective upon adoption of bylaws.
105.6-3. An entity shall notify the Business Committee Support Office as soon as the entity learns
that a position has or will become vacant. All notices of vacancy shall be sent to the entities for
clarification or confirmation prior to notification to the Oneida Business Committee.
105.6-4. The Business Committee Support Office shall forward the notice of vacancy to the
Secretary. The Secretary shall request and receive approval from the Oneida Business Committee
to post the notice of vacancy. The Business Committee Support Office shall post notice of
vacancies at the following times:
(a) End of Term. Automatically sixty (60) days prior to completion of the term.
(b) Removal. No later than the next Oneida Business Committee meeting following the
effective date of the removal.
(c) Resignation. No later than the next Oneida Business Committee meeting following
the Business Committee Support Office’s receipt of notice of an effective resignation from
the entity.
(d) New Positions. Upon one of the following conditions:
(1) if not specified, immediately upon creation of entity or adoption of bylaws,
whichever is later, or
(2) upon date specified when creating the entity.
(e) Termination of appointment. No later than the next Oneida Business Committee
meeting following the effective date of the termination.
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105.6-5. Notice of vacancies shall be posted by the Business Committee Support Office in all
official media outlets of the Nation, as determined by the Oneida Business Committee, as well as
any other location deemed appropriate by the Secretary.
105.7. Appointment to an Entity
105.7-1. Appointment Selection. The following procedures shall be used to determine how the
applicant for an appointed position is selected:
(a) Within eight (8) business days after the posted deadline for submitting an application,
or within twenty-one (21) days of the posted deadline if the entity requires a background
investigation to be completed as part of the application process, the Business Committee
Support Office shall:
(1) deliver all applications, along with a summary of qualifications to hold office,
and the results of the background investigation if required, to each member of the
Oneida Business Committee as well as the entity’s Chairperson; and
(2) place the appointment for the entity on the next executive session portion of
the agenda of a regular or special Oneida Business Committee meeting in which
the appointment is intended to be made.
(b) Each member of the Oneida Business Committee shall review the application
materials prior to executive session and be prepared to discuss and select an applicant for
appointment.
(1) The entity’s Chairperson may have until the executive session to review the
application materials and provide the Oneida Business Committee a
recommendation of an applicant for appointment.
(c) The Oneida Business Committee shall have a full and complete discussion of the merits
and qualifications of the potential applicants, and any recommendation made by the
Chairperson of the entity, during executive session. After completing a thorough
discussion, the Oneida Business Committee shall:
(1) choose an applicant for appointment, or
(2) ask the Oneida Nation’s Secretary to re-notice the vacancy because of
ineligible, unqualified, or under qualified applicants.
(d) All appointments shall be made by the Oneida Business Committee during the open
session of a regular or special Oneida Business Committee meeting. The Oneida Business
Committee shall not appoint an applicant who fails to meet the requirements set out in the
entity's bylaws.
(e) During the open session of the regular or special Oneida Business Committee meeting,
a member of the Oneida Business Committee may make a motion to appoint an individual.
Oneida Business Committee members may:
(1) accept the selected applicant and vote to appoint the individual to the vacant
position, or
(2) reject the selected applicant and vote to oppose the appointment of the
individual.
(f) If the Oneida Business Committee rejects the selected applicant, the matter will be
deferred to the next Oneida Business Committee meeting where another applicant may be
recommended by the Oneida Business Committee, or the Oneida Business Committee may
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direct the vacancy to be re-posted. When a vacancy is re-posted under this section, all
applications from the first posting shall be considered to have been filed within the deadline
period.
105.7-2. Notification of Appointment. Once an individual is selected for appointment at an Oneida
Business Committee meeting, the Nation’s Secretary shall notify all applicants of the final status
of their application.
(a) The Nation’s Chairperson shall forward a list of all applicants to the Nation’s Secretary
and the final decision regarding the selection after the procedures for selection of an
applicant described in section 105.7-1 are completed.
(b) The Nation’s Secretary shall include on the notice to the applicant selected for
appointment the following paragraph: The Oneida Nation reports all income paid by the
Oneida Nation in whatever form. The Internal Revenue Service of the United States
considers stipends paid to members of boards, committees, and commissions to be income
which may be offset by expenses related to that income. You will receive an income report
which is also forwarded to the Internal Revenue Service, it is also your responsibility to
keep documentation of expenses related to this income.
105.7-3. Declination of Appointment. An individual who has been selected for appointment to an
entity by the Oneida Business Committee may decline the appointment.
(a) An individual may decline an appointment to an entity in the following ways:
(1) Delivery of an letter stating that the individual wishes to decline the
appointment to the Business Committee Support Office; or
(2) The failure to take the oath of office within thirty (30) days of being selected
for appointment by the Oneida Business Committee.
(b) The Business Committee Support Office shall notify the Oneida Business Committee
if an individual declines an appointment to an entity. The Oneida Business Committee shall
then use the original pool of applications for the vacancy posting and the process outlined
in section 105.7-1 to select another applicant for appointment.
105.7-4. Termination of Appointment. An appointed member of an entity serves at the discretion
of the Oneida Business Committee. Upon the recommendation of a member of the Oneida
Business Committee or the entity, a member of an appointed entity may have his or her
appointment terminated by the Oneida Business Committee.
(a) A two-thirds majority vote of the Oneida Business Committee shall be required in order
to terminate the appointment of an individual.
(b) The Oneida Business Committee’s decision to terminate an appointment is final and
not subject to appeal.
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105.8. Election to an Entity
105.8-1. All elected positions shall be nominated at a caucus called by the Oneida Election Board,
or petition for ballot placement, in accordance with the Nation’s laws and/or policies governing
elections, except where an entity’s bylaws allow for a vacancy to be filled by appointment.
(a) When the Election Board notifies a petitioner or nominee that he or she is eligible to
be placed on the ballot, the following paragraph shall be included: The Oneida Nation
reports all income paid by the Nation in whatever form. The Internal Revenue Service of
the United States considers stipends paid to members of boards, committees, and
commissions to be income which may be offset by expenses related to that income. You
will receive an income report which is also forwarded to the Internal Revenue Service, it
is also your responsibility to keep documentation of expenses related to this income.
105.8-2. All other processes for the election of a member of an entity shall be as directed by the
Nation’s laws and/or policies governing elections.
105.9. Oath of Office
105.9-1. All appointed and elected positions are official upon taking an oath during a regular or
special Oneida Business Committee meeting. All rights and delegated authorities of membership
in the entity shall vest upon taking the oath. The Nation’s Secretary shall notify the chosen persons
when they shall appear for taking the oath.
(a) The appointed or elected member shall appear in person at the Oneida Business
Committee meeting to take his or her oath, except if granted permission by the Secretary
to appear by video conferencing equipment.
105.9-2. The Oneida Business Committee shall approve wording of oaths. Any revisions of oaths
shall be approved by the Oneida Business Committee prior to usage. Oaths shall be kept on file by
the Business Committee Support Office.
105.9-3. Originals of the signed oath, or electronic copies of the originals of the signed oath, shall
be maintained by the Business Committee Support Office. Copies of the oath shall be forwarded
to the new member of the entity and the entity.
105.9-4. The following oath is the standard oath to be used unless a specific oath for the entity is
pre-approved by the Oneida Business Committee: I, [name], hereby promise to uphold the laws
and regulations of the Oneida Nation, the General Tribal Council, and the Oneida Nation
Constitution. I will perform my duties to the best of my ability and on behalf of the Oneida people
with honor, respect, dignity, and sincerity and will strictly maintain confidential information. I will
carry out the duties and responsibilities as a member of the [entity name], and all recommendations
shall be made in the best interest of the Oneida Nation as a whole.
105.9-5. All oaths shall be sufficient to make the appointed or elected member of an entity aware
of their duty to the Nation and as members of the entity.
105.10. Bylaws
105.10-1. All entities of the Nation shall have bylaws that conform to the requirements of this
law. Bylaws shall become effective upon approval of the Oneida Business Committee, unless
where General Tribal Council approval is additionally required.
(a) All existing entities must comply with this format and present bylaws for adoption
within a reasonable time after creation of the entity, or within a reasonable time after
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adoption of this law.
(b) Bylaws must contain at least the minimum information required by law, although more
information is not prohibited.
(c) Exception. Task Forces and Ad Hoc Committees are excepted from the requirement
to have bylaws. However, these entities must have, at minimum, mission or goal
statements for completion of the task.
105.10-2. Articles. Bylaws shall contain, at a minimum, the following Articles:
(a) Article I. Authority.
(b) Article II. Officers.
(c) Article III. Meetings.
(d) Article IV. Expectations.
(e) Article V. Stipends and Compensation.
(f) Article VI. Records and Reporting.
(g) Article VII. Amendments.
105.10-3. Sections. Articles shall be divided into "sections" as set out.
(a) "Article I. Authority" shall consist of the following:
(1) Name. The full name of the entity shall be stated, along with any short name
that will be officially used.
(2) Establishment. This section shall state the citation and name, if any, of the
creation document.
(3) Authority. This section shall state the purpose for which the entity was created
and what, if any, authority the entity is delegated.
(4) Office. There shall be listed the official office or post box of the entity.
(5) Membership. The following information shall be in this section:
(A) Number of members on the entity;
(B) If members on the entity are elected or appointed, and how a member
is elected or appointed;
(C) How vacancies are filled; and
(D) Qualifications for membership on the entity.
(i) In order to qualify for membership on an entity, a person shall
meet the minimum age requirements set forth for status as a
qualified voter of the Nation, unless a law, policy, or directive sets
forth a minimum age requirement.
(6) Termination or Removal. This section shall identify causes for termination or
removal, if any, in addition to those already identified in laws and/or policies of the
Nation.
(7) Trainings and Conferences. This section shall describe any trainings and/or
conferences that the entity deems necessary for members to responsibly serve the
entity, if any.
(b) "Article II. Officers" shall consist of the following:
(1) Chairperson and Vice-Chairperson. This section creates the chairperson and
vice-chairperson positions of the entity. Other officer positions may also be created
here.
(2) Responsibilities of the Chairperson. Because of the importance of this position,
all duties and responsibilities of the chairperson, as well as limitations of the
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chairperson shall be specifically listed here.
(3) Responsibilities of the Vice-Chairperson. Because of the importance of this
position, all duties and responsibilities of the vice-chairperson, as well as
limitations of the vice-chairperson shall be specifically listed here.
(4) Responsibilities of Additional Officers. There may be additional sections as
needed for every officer position created in subsection one (1) above. These
sections shall state all duties and responsibilities of the officer, as well as any
limitations of the officer.
(5) Selection of Officers. This section shall identify how a member of the entity
shall be selected for an official officer position in the entity.
(6) Budgetary Sign-Off Authority and Travel. This section shall identify the
entity’s varying levels of budgetary sign-off authority, the members that are
authorized to sign-off at each level, and how the entity shall handle approving travel
on behalf of the entity.
(A) An entity shall follow the Nation’s policies and procedures regarding
purchasing and sign-off authority.
(B) An entity shall approve a member’s request to travel on behalf of the
entity by majority vote at a regular or emergency meeting of the entity.
(7) Personnel. This section shall state the entity’s authority for hiring personnel,
if any, and the duties of such personnel.
(c) "Article III. Meetings" shall consist of the following:
(1) Regular meetings. This section shall identify when and where regular meetings
shall be held, and how the entity shall provide notice of the meeting agenda,
documents, and minutes.
(2) Emergency meetings. This section shall identify what constitutes an emergency
meeting, how emergency meetings shall be called, and how the entity shall provide
notice of the emergency meeting.
(A) All bylaws shall include a provision requiring that within seventy-two
(72) hours after an emergency meeting, the entity shall provide the Nation’s
Secretary with notice of the meeting, the reason for the emergency meeting,
and an explanation of why the matter could not wait for a regular meeting.
(3) Joint Meetings. This section shall identify if joint meetings shall be held, the
frequency and location of joint meetings, and how the entity shall provide notice of
the meeting agenda, documents, and minutes.
(4) Quorum. This section shall identify how many members of an entity create a
quorum.
(5) Order of Business. This section sets out how the agenda will be set up.
(6) Voting. This section shall identify voting requirements, such as, but not limited
to:
(A) the percentages that shall be needed to pass different items;
(B) if, and when, the chairperson is allowed to vote;
(C) if the use of an e-poll is permissible; and
(D) if the use of and e-poll is permissible, who will serve as the
Chairperson’s designee for the responsibility of conducting an e-poll, if a
designee is utilized.
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(d) “Article IV. Expectations” shall consist of the following information:
(1) Behavior of Members. This section shall identify the behavioral expectations
and requirements of a member of the entity, and identify how the entity shall
enforce these behavioral expectations.
(2) Prohibition of Violence. This section shall prohibit any violent intentional act
committed by a member of the entity that inflicts, attempts to inflict, or threatens
to inflict emotional or bodily harm on another person, or damage to property, and
set forth any further expectations regarding the prohibition of violence.
(3) Drug and Alcohol Use. This section shall prohibit the use of alcohol and
prohibited drugs for a member of an entity when acting in their official capacity,
and set forth any further expectations regarding the use of prohibited drugs and
alcohol.
(4) Social Media. This section shall identify expectations for the use of social
media in regards to official business of the entity.
(5) Conflict of Interest. This section shall state any standards and expectations
additional to those required by law of the Nation in regards to conflicts of interest
and how they are handled, as well as requirements related to prohibited activities
resulting from disclosed conflicts of interest, and means by which a party can
alleviate or mitigate the conflict of interest.
(e) “Article V. Stipends and Compensation” shall consist of the following information:
(1) Stipends. This section shall include a comprehensive list of all stipends
members are eligible to receive and the requirements for collecting each stipend, if
any in addition to those contained in this law.
(2) Compensation. This section shall include details regarding all other forms of
compensation members are eligible to receive and the requirements for collecting
such compensation, if any in addition to those contained in this law.
(f) "Article VI. Records and Reporting" shall consist of the following information:
(1) Agenda Items. Agenda items shall be maintained in a consistent format as
identified by this section.
(2) Minutes. Minutes shall be typed and in a consistent format designed to generate
the most informative record of the meetings of the entity. This may include a
summary of action taken by the entity. This section shall identify the format for
minutes, and a reasonable timeframe by which minutes shall be submitted to the
Business Committee Support Office.
(3) Attachments. Handouts, reports, memoranda, and the like may be attached to
the minutes and agenda, or may be kept separately, provided that all materials can
be identified to the meeting in which they were presented. This section shall
identify how records of attachments shall be kept.
(4) Oneida Business Committee Liaison. Entities shall regularly communicate with
the Oneida Business Committee member who is their designated liaison. This
section shall identify a format and frequency for communication which may be as
the liaison and entity agree to, but not less than that required in any law or policy
on reporting developed by the Oneida Business Committee or Oneida General
Tribal Council. The purpose of the liaison relationship is to uphold the ability of
the liaison to act as a support to that entity.
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(5) Audio Recordings. An entity shall audio record all meetings. This section shall
state how the entity shall audio record meetings, and how the entity shall maintain
the audio records.
(A) Exception. Audio recordings of executive session portions of a meeting
shall not be required.
(g) "Article VII. Amendments" consists of:
(1) Amendments to Bylaws. This section shall describe how amendments to the
bylaws are made. Any amendments to bylaws shall conform to the requirements
of this and any other policy of the Nation. Amendments to bylaws shall be
approved by the Oneida Business Committee, in addition to the General Tribal
Council when applicable, prior to implementation.
105.11. Electronic Polling
105.11-1. An entity may utilize an e-poll when approval of an action may be required before the
next available meeting agenda of the entity.
105.11-2. Conducting an E-Poll. The Chairperson of the entity, or designee, shall e-mail the epoll to all members of the entity. Requests for an e-poll shall be sent only from an official e-mail
address of the entity. The e-poll’s message shall include the following information:
(a) The e-mail subject line shall begin with “E-poll Request:” and include a short title
describing the purpose of the request.
(b) The body of the e-poll shall contain the following elements:
(1) An executive summary of the reason for the request and why the request cannot
be presented at the next available meeting of the entity;
(2) A proposed motion which shall be in bold and identified in a separate paragraph
by the words “Requested Action;”
(3) All attachments in *.pdf format, which are necessary to understand the request
being made; and
(4) A deadline date for a response to be returned regarding the results of the
electronic poll which shall be in bold and identified in a separate paragraph by the
words “Deadline for Response.”
(A) E-poll requests shall be open for response not less than one (1) hour
and no more than twenty-four (24) hours.
(B) The time frame for responses shall be determined by the Secretary of
the entity, or designee, based on urgency, scheduling, and any other
pertinent factors.
105.11-3. Response to an E-Poll. A response from a member of an entity shall be valid if received
from an official e-mail address of the entity. No responses from unknown e-mails or personal emails shall be accepted. An e-poll request shall receive responses from a majority of members of
the entity in order to be an official vote.
(a) E-polls that receive at least a majority of supporting votes by the deadline are
considered to be approved.
(b) E-polls for which insufficient responses were received by the deadline are considered
to have failed to receive support, and result in a denied request.
(c) E-polls that result in a denied request may be reconsidered by the entity at the next
available meeting.
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(d) The Chairperson, or designee, shall monitor all responses and deadline dates for
responses.
105.11-4. Entering an E-Poll in the Record. Both approved and denied e-poll requests shall be
placed on the next meeting agenda of the entity to be entered into the record. The agenda item shall
contain the following information:
(a) Original e-poll request and all supporting documentation;
(b) A summary of the e-poll results identifying each member of the entity and his or her
response; and
(c) A copy of any comment by a member of the entity if comments are made beyond a
vote.
105.12. Reporting Requirements
105.12-1. Minutes. All minutes shall be submitted to the Business Committee Support Office
within a reasonable time after approval by the entity, as identified in the entity’s bylaws.
(a) Actions taken by an entity are valid upon approval of the action by vote, unless the
bylaws of the entity otherwise require minutes to be approved by the entity before the
actions are valid.
(b) Minutes shall be filed according to this section, and any specific directions within
approved bylaws.
(c) No action or approval of minutes is required by the Oneida Business Committee on
minutes submitted by an entity unless specifically required by the bylaws of that entity.
105.12-2. Standard Operating Procedures. All standard operating procedures established by an
entity shall be submitted to the Business Committee Support Office, where they shall be kept on
file.
105.12-3. Quarterly Reports to the Oneida Business Committee. Entities shall provide quarterly
reports to the Oneida Business Committee in accordance with the quarterly reporting schedule
approved by the Oneida Business Committee. All quarterly reports shall be approved by official
entity action before they are submitted. The quarterly reports shall not contain any information
that conflicts with any law, resolution, or policy of the Nation. At least one (1) member of the
entity shall attend the Oneida Business Committee meeting where the quarterly report is an agenda
item. Quarterly reports shall follow a format prescribed by the Oneida Business Committee and
contain the following information:
(a) Contact Information. The name of the entity, the member submitting the report, the
Oneida Business Committee liaison; and a list of the members and their titles, term
expiration dates and contact information.
(b) Meetings. When and how often the entity is holding meetings and whether any
emergency meetings have been held.
(1) If emergency meetings were held, the report shall indicate the basis of the
emergency for each meeting.
(c) Accomplishments. Details of what the entity has accomplished that quarter, including
any special events held during the reporting period and any travel by the members and/or
staff.
(d) Goals. Details of both the entity’s long term goals, the entity’s goals for the next
quarter, and projected quarterly activities.
(e) Budget. The amount of the entity’s budget, the status of the budget at that quarter, the
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amount of each stipend a member may be eligible to receive, how the budget is being
utilized by the entity, and projected budgetary uses for the next quarter.
(f) Requests. Details of any requests to the Oneida Business Committee.
(g) Other. And any other information deemed appropriate by the entity, as well as any
other information required by a law or policy of the Nation.
105.12-4. Annual and Semi-Annual Reports to the General Tribal Council. Entities shall provide
annual reports to the Oneida General Tribal Council based on their activities during the previous
fiscal year, and semi-annual reports based on their activities during the current fiscal year. All
annual and semi-annual reports shall follow a format prescribed by the Oneida Business
Committee.
(a) Annual and semi-annual reports shall contain information on the number of
substantiated complaints against all members of the entity.
(b) Each entity with oversight of a department shall also submit annual and semi-annual
reports for each department the entity oversees.
105.12-5. Any failure to comply with the reporting requirements may result in the Oneida
Business Committee placing a hold on the release of a stipend payment.
105.13. Stipends, Reimbursement and Compensation
105.13-1. Stipends and reimbursement for expenses shall follow the procedures as set out in this
section and according to procedures for payment as set out by the Nation, unless otherwise declined
by the entity through its bylaws, or declined by a member.
105.13-2. The Oneida Business Committee shall set stipend amounts by resolution. The Oneida
Business Committee shall periodically review the amounts provided for stipends and, based on the
availability of funds, shall adjust those amounts accordingly by amending the resolution. Stipends
are paid in the form of cash or cash equivalent, which may include, but is not limited to, gift cards.
105.13-3. Meeting Stipends. A member of an entity shall only receive a meeting stipend for a
regular or emergency meeting where a quorum has been established in accordance with the duly
adopted bylaws of that entity, that lasts for at least one (1) hour, and the member collecting the
stipend is physically present for the entire meeting.
(a) Meeting Stipends for an Appointed Entity. An individual serving on an appointed entity
shall be paid no more than one (1) meeting stipend per month.
(b) Meeting Stipends for an Elected Entity. An individual serving on an elected entity
shall be paid no more than two (2) meeting stipends per month.
105.13-4. Joint Meeting Stipends. A member of an entity shall only receive a stipend for a joint
meeting where a quorum has been established in accordance with the duly adopted bylaws of that
entity, that lasts for at least one (1) hour, and the member collecting the stipend is physically
present for the entire meeting.
(a) An individual shall receive a stipend for his or her attendance at a duly called joint
meeting.
(1) A joint meeting stipend does not count towards the limitation on meeting
stipends as provided for in section 105.13-3(a)-(b).
105.13-5. Oneida Judiciary Hearings. A member of an entity shall receive a Judiciary hearing
stipend if the member’s attendance at the Judiciary hearing is required by official subpoena.
105.13-6. Hearings of an Entity. A member of an entity that maintains hearing authority may
obtain a hearing stipend for conducting hearings administered by the entity. A hearing consists of
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all functions related to the resolution of the matter notwithstanding the amount of time it takes to
resolve the matter, including, but not limited to, any continuations of the hearing and decision
drafting.
105.13-7. Other Stipends. The Oneida Business Committee shall determine if, and when, any
other stipends are appropriate to compensate members of entities for their official actions. All
possible stipends shall be included in the Oneida Business Committee resolution which sets stipend
amounts.
105.13-8. Conferences and Training. A member of any entity, elected or appointed, shall be
reimbursed in accordance with the Nation’s policy for travel and per diem, for attending a
conference or training. Provided that:
(a) A member shall be eligible for a stipend for each full day the member is present at the
conference or training, when attendance at the conference or training is required by law,
bylaw or resolution.
(b) A member shall not be eligible for a conference and training stipend if that training is
not required by law, bylaw or resolution.
(c) No stipend payments shall be made for those days spent traveling to and from the
conference or training.
105.13-9. Business Expenses. All members of entities shall be eligible for reimbursement for
normal business expenses naturally related to membership in the entity.
105.13-10. Task Force and Ad Hoc Subcommittees. Members of task force, ad hoc committees
and subcommittees shall not be eligible for stipends unless specific exception is made by the
Oneida Business Committee or the Oneida General Tribal Council.
105.14. Confidential Information
105.14-1. All members of an entity shall maintain in a confidential manner all information
obtained through their position on the entity. The Nation requires that all members of an entity
who have access to the Nation’s confidential information be subject to specific limitations in order
to protect the interest of the Nation and ensure that no persons engaged in by the Nation, nor their
relatives or associates, benefit from the use of confidential information.
(a) Confidential information shall be considered and kept as the private and privileged
records of the Nation and will not be divulged to any person, firm, corporation, or other
entity except by direct written authorization of the Oneida Business Committee.
(b) A member of an entity will continue to treat as private and privileged any confidential
information, and will not release any such information to any person, firm, corporation, or
other entity, either by statement, deposition, or as a witness, except upon direct written
authority of Oneida Business Committee, and the Nation shall be entitled to an injunction
by any competent court to enjoin and restrain the unauthorized disclosure of such
information. Such restriction continues after termination of the relationship with the
Nation and the entity.
(c) Upon completion or termination of his or her elected or appointed term of membership
in an entity, for any cause whatsoever, the member of the entity will surrender to the
Nation, in good condition, all records kept by the member of the entity.
(d) No member of an entity shall disclose confidential information acquired by reason of
his other relationship or status with the Nation for his or her personal advantage, gain, or
profit, or for the advantage, gain, or profit of a relative or associate.
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105.14-2. Any records created or obtained while as an official of an entity are the property of the
Nation and can only be removed or destroyed by approval from a majority vote of the entity at a
duly called meeting. All removal or destruction of documents must be made in accordance with
the Nation’s laws and policies regarding open records and open meetings.
105.14-3. Official Oneida Nation E-mail Address. Each member of an entity shall be provided an
official Oneida e-mail address upon election or appointment for the purpose of conducting business
of the entity electronically.
(a) If a member is also an employee of the Nation, he or she shall receive a separate email address from his or her regular work e-mail address.
(b) A member of an entity shall sign an acknowledgment form provided by the Nation’s
Secretary indicating notice of the Nation’s applicable computer and media related laws,
policies and rules. The Nation’s Secretary shall maintain a record of all such
acknowledgment forms.
(c) A member of an entity shall not use any personal or work e-mail address to
electronically conduct any business of the entity.
(d) Immediately upon receipt of notice of an entity vacancy, the Nation’s Secretary shall
instruct the Management Information Systems department to disable the e-mail address for
the member having vacated the position.
105.15. Conflicts of Interest
105.15-1. All members of an entity are required to adhere to the Nation’s laws and policies
governing conflicts of interest.
105.15-2. A member of an entity shall disclose a conflict of interest to the Nation’s Secretary as
soon as the conflict arises, and update a conflict of interest disclosure form with the Nation’s
Secretary on an annual basis.
(a) Upon receiving information of a potential conflict of interest, the Nation’s Secretary
shall request a determination from the Oneida Law Office whether further action must be
taken by the Nation regarding the status of the official.
105.15-3. Ineligibility Due to Conflicts of Interest. Due to the potential for a real or perceived
conflict of interest to exist, political appointeesthe following individuals shall not be eligible to
serve on an appointed or elected entity.:
(a) political appointees; and
(b) an employee of the Nation’s Internal Audit Department, Finance Administration, or
Law Office.
105.16. Use of the Nation’s Assets
105.16-1. Entities shall maintain all bank accounts for the Nation’s funds in the name of the
Oneida Nation. Bank accounts will be reflected on the Oneida Nation's books in accordance with
Generally Accepted Accounting Principles.
105.16-2. Each member of an entity shall comply with the system of internal accounting controls
sufficient to provide assurances that:
(a) all transactions are executed in accordance with management's authorization; and
(b) access to assets is permitted only in accordance with management's authorization; and
(c) all transactions are recorded to permit preparation of financial statements in conformity
with Generally Accepted Accounting Principles or other applicable criteria.
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105.16-3. Any evidence of noncompliance with any policy regarding the use of tribal assets shall
be immediately reported to the Internal Audit department. If the Internal Audit department finds
evidence of noncompliance they shall notify the Oneida Law Office, who will then make a
determination of further action to be taken, if any.
105.17. Dissolution of an Entity
105.17-1. Dissolution of a Task Force or Ad Hoc Committee. A task force or ad hoc committee
dissolves upon a set date or acceptance of a final report. Unless otherwise indicated, the materials
generated by a task force or ad hoc committee shall be forwarded to the Business Committee
Support Office for proper disposal within two (2) weeks of the dissolution.
105.17-2. Dissolution of an Entity. All other entities of the Nation shall be dissolved only by
motion of the Oneida General Tribal Council or the Oneida Business Committee.
105.17-3. Notice of Dissolution. Within five (5) business days of the Oneida General Tribal
Council or the Oneida Business Committee taking official action to dissolve an entity, the Oneida
Business Committee shall provide the entity written notice of the dissolution.
105.17-4. Management of Records and Materials. All chairpersons and secretaries of dissolved
entities shall be responsible for closing out open business of the entity and forwarding all materials
and records to the Business Committee Support Office for proper storage and disposal within two
(2) weeks of dissolution. The entity shall not alter or destroy any records. The Business Committee
Support Office may utilize the assistance of the Records Management Department and/or any other
appropriate department for the storage and disposal of the records and materials.
(a) The entity may request the Oneida Business Committee to grant a one (1) week
extension of the time allowed to close out open business of the entity and forward all
materials and records to the Business Committee Support Office.
105.18. Enforcement
105.18-1. Any member of an entity found to be in violation of this law may be subject to:
(a) sanctions and penalties in accordance with any laws or policies of the Nation governing
sanctions and/or penalties;
(b) removal pursuant to any laws or policies of the Nation’s governing removal, if the
individual is a member of an elected entity; or
(c) termination of appointment by the Oneida Business Committee, if the individual is a
member of an appointed entity.
End.
Adopted - BC-08-02-95-A
Amended - BC-05-14-97-F
Emergency AmendmentsAmended - BC-04-12-06-JJ
Amended - BC-09-27-06-E (permanent adoption of emergency amendments)
Amended – BC-09-22-10-C
Amended – BC-09-26-18-C
Emergency Amended – BC-__-__-__-__
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Title 1. Government and Finances – Chapter 105
Laotiyanl<hsla>sh&ha k<tyohkway<=t&=se>
Their laws
of the groups we have
BOARDS, COMMITTEES, AND COMMISSIONS
105.1. Purpose and Policy
105.2. Adoption, Amendment, Repeal
105.3. Definitions
105.4. Creation of an Entity
105.5. Applications
105.6. Vacancies
105.7. Appointment to an Entity
105.8. Election to an Entity
105.9. Oath of Office
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105.10. Bylaws
105.11 Electronic Polling
105.12. Reporting Requirements
105.13. Stipends, Reimbursement and Compensation
105.14. Confidential Information
105.15. Conflicts of Interest
105.16. Use of the Nation’s Assets
105.17. Dissolution of an Entity
105.18. Enforcement
105.1. Purpose and Policy
105.1-1. It is the purpose of this law to govern boards, committees, and commissions of the
Nation, including the procedures regarding the appointment and election of persons to boards,
committees and commissions, creation of bylaws, maintenance of official records, compensation,
and other items related to boards, committees and commissions.
(a) This law shall not apply to the Oneida Business Committee, or Standing Committees
of the Oneida Business Committee.
(b) This law does not apply to Tribal corporations due to the corporate structure and
autonomy of those entities.
105.1-2. It is the policy of the Nation to have consistent and standard procedures for choosing
and appointing or electing the most qualified persons to boards, committees and commissions,
for creation of bylaws governing boards committees and commissions, and for the maintenance
of information created by and for boards, committees and commissions.
105.2. Adoption, Amendment, Repeal
105.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-14-97-F
and amended by resolutions BC-09-27-06-E, BC-09-22-10-C, BC-09-26-18-C, and BC-__-____-__.
105.2-2. This law may be amended or repealed by the Oneida Business Committee or the
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
105.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are
considered to have legal force without the invalid portions.
105.2-4. In the event of a conflict between a provision of this law and a provision of another
law, the provisions of this law shall control.
105.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
105.3. Definitions
105.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "Application" means the form by which a person seeks to be appointed to fill a
vacancy on an entity.
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(b) "Appointment" means the process by which a person is chosen to fill a vacancy on an
entity by the Oneida Business Committee.
(c) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m.,
excluding holidays recognized by the Nation.
(d) “Bylaws” means a document which provides a framework for the operation and
management of a board, committee, or commission of the Nation chiefly for the
government of its members and the regulation of its affairs.
(e) “Conference” means any training, seminar, meeting, or other assembly of persons
which is not an assembly of the entity.
(f) “Confidential information” means all information or data, whether printed, written, or
oral, concerning business or customers of the Nation, disclosed to, acquired by, or
generated by a member of an entity in confidence at any time during their elected or
appointed term or during their employment.
(g) “Conflict of interest” means any interest, real or apparent, whether it be personal,
financial, political, or otherwise, in which an elected official, officer, political appointee,
employee, contractor, or appointed or elected member, or their immediate family
members, friends or associates, or any other person with whom they have contact, have
that conflicts with any right of the Nation to property, information, or any other right to
own and operate activities free from undisclosed competition or other violation of such
rights of the Nation. In addition, conflict of interest also means any financial or familial
interest an elected official, officer, political appointee, employee, contractor, or appointed
or elected member or their immediate family members may have in any transaction
between the Nation and an outside party.
(h) "Entity" means a board, committee or commission created by the General Tribal
Council or the Oneida Business Committee whose members are appointed by the Oneida
Business Committee or elected by the Nation’s membership.
(i) “E-poll” means an electronic poll, which is the act of delivering an e-mail to all
members of an entity, in order to seek a response which identifies a vote in favor of,
opposing, or abstaining to an issue requiring approval by the entity.
(j) “Joint meeting” means a meeting with the Oneida Business Committee.
(k) “Nation” means the Oneida Nation.
(l) Per Diem means the payment made by the Nation to offset the costs of being on
travel on behalf of the Oneida Nation.
(m) “Political appointee” means a person appointed by a member of the Oneida Business
Committee to provide assistance with the Oneida Business Committee member’s daily
activities and operations.
(n) “Prohibited drugs” means marijuana, cocaine, opiates, amphetamines, phencyclidine
(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substance
included in Schedules I through V, as defined by Section 812 of Title 21 of the United
States Code. This also includes prescription medication or over-the-counter medicine
used in an unauthorized or unlawful manner.
(o) Stipend means the amount paid by the Oneida Nation to a person serving on a
board, committee, or commission of the Nation in order to compensate the individual for
his or her contribution of time, effort, and work for his or her board, committee, or
commission for the betterment of the Nation.
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(p) “Subcommittee” means a subgroup of an entity; which is comprised of fewer than all
members of the entity; which is designated one (1) or more specific responsibilities on
behalf of the entity.
(q) “Substantiated complaint” means a complaint or allegation in a complaint that was
found to be valid by clear and convincing evidence.
(r) "Task Force or Ad Hoc" means a group of persons gathered to pursue a single goal,
the accomplishment of which means the disbanding of the group. The goal is generally
accomplished in a short time period, i.e. less than one year, but the goal itself may be
long-term.
(s) "Vacancy" means any position on any board, committee or commission caused by
resignation, end of term, removal, termination, or creation of a new position.
105.4. Creation of an Entity
105.4-1. An entity of the Nation shall be created by a resolution or law adopted by the Oneida
Business Committee or General Tribal Council.
105.4-2. The law or resolution establishing the entity shall state the purpose of the entity and all
powers and responsibilities delegated to the entity.
105.4-3. The Oneida Business Committee shall be responsible for drafting the initial bylaws of
the entity.
105.5. Applications
105.5-1. The Oneida Business Committee shall approve all applications to serve on an entity of
the Nation. All application materials shall be available in the Business Committee Support Office
and any other location specified by the Business Committee Support Office.
(a) All applications shall include:
(1) a statement explaining the attendance requirements of section 105.12-3; and
(2) a section regarding disclosures of conflicts of interest.
(b) An additional application form shall be required for those entities that require a
background investigation. This background investigation application shall include the
applicant’s social security number and any other information required for a background
investigation. The background investigation application shall be solely used for the
background investigation and not included in the application materials that are then
shared with the Oneida Business Committee, entity, and/or the Election Board.
105.5-2. Applications shall be filed with the Business Committee Support Office by 4:30 p.m. of
the deadline date.
105.5-3. Within eight (8) days after the posted deadline for filing applications the Business
Committee Support Office shall notify all persons who have filed an application of the date his
or her application was received and if his or her application met the deadline to be considered for
the election or appointment.
105.5-4. Applications for elected positions shall be verified according to the Nation’s laws
and/or policies governing elections. Applications for appointed positions shall be verified by the
Business Committee Support Office as needed or as required in the bylaws of the entity.
105.5-5. Insufficient Applicants. In the event that there are an insufficient number of applicants
after the deadline date has passed for appointed positions, the Oneida Business Committee may
elect to:
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(a) include within the pool of appointed persons late applications, or
(b) repost for an additional time period. In the event of reposting, prior applicants will
be considered to have filed applications within the deadline period.
105.6. Vacancies
105.6-1. The manner by which an individual fills a vacancy, either through election or
appointment, shall determine that member’s status as an appointed or elected official, despite the
entity’s classification as an appointed or elected entity pursuant to the entity’s bylaws.
105.6-2. A position on an entity shall be considered vacant in the following situations:
(a) End of Term. A vacancy is effective as of 4:30 p.m. of the last day of the month in
which the term ends.
(1) Although a position is considered vacant once the term ends, the member of
the entity may remain in office until the member’s successor has been sworn in by
the Oneida Business Committee in an effort to prevent a discontinuation of
business or a loss of quorum for the entity.
(b) Removal. Removal is effective, pursuant to any law and/or policy of the Nation
regarding removal.
(c) Termination of Appointment. A termination is effective upon a two-thirds (2/3)
majority vote of the Oneida Business Committee in favor of a member’s termination of
appointment.
(d) Resignation. A resignation is effective upon:
(1) Deliverance of a letter to the Business Committee Support Office and to the
Chairperson of the entity, or designee; or
(2) Acceptance by motion of the entity of a verbal resignation.
(e) New Positions. Vacancies on new entities are effective upon adoption of bylaws.
105.6-3. An entity shall notify the Business Committee Support Office as soon as the entity
learns that a position has or will become vacant. All notices of vacancy shall be sent to the
entities for clarification or confirmation prior to notification to the Oneida Business Committee.
105.6-4. The Business Committee Support Office shall forward the notice of vacancy to the
Secretary. The Secretary shall request and receive approval from the Oneida Business
Committee to post the notice of vacancy. The Business Committee Support Office shall post
notice of vacancies at the following times:
(a) End of Term. Automatically sixty (60) days prior to completion of the term.
(b) Removal. No later than the next Oneida Business Committee meeting following the
effective date of the removal.
(c) Resignation. No later than the next Oneida Business Committee meeting following
the Business Committee Support Office’s receipt of notice of an effective resignation
from the entity.
(d) New Positions. Upon one of the following conditions:
(1) if not specified, immediately upon creation of entity or adoption of bylaws,
whichever is later, or
(2) upon date specified when creating the entity.
(e) Termination of appointment. No later than the next Oneida Business Committee
meeting following the effective date of the termination.
105.6-5. Notice of vacancies shall be posted by the Business Committee Support Office in all
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official media outlets of the Nation, as determined by the Oneida Business Committee, as well as
any other location deemed appropriate by the Secretary.
105.7. Appointment to an Entity
105.7-1. Appointment Selection. The following procedures shall be used to determine how the
applicant for an appointed position is selected:
(a) Within eight (8) business days after the posted deadline for submitting an application,
or within twenty-one (21) days of the posted deadline if the entity requires a background
investigation to be completed as part of the application process, the Business Committee
Support Office shall:
(1) deliver all applications, along with a summary of qualifications to hold office,
and the results of the background investigation if required, to each member of the
Oneida Business Committee as well as the entity’s Chairperson; and
(2) place the appointment for the entity on the next executive session portion of
the agenda of a regular or special Oneida Business Committee meeting in which
the appointment is intended to be made.
(b) Each member of the Oneida Business Committee shall review the application
materials prior to executive session and be prepared to discuss and select an applicant for
appointment.
(1) The entity’s Chairperson may have until the executive session to review the
application materials and provide the Oneida Business Committee a
recommendation of an applicant for appointment.
(c) The Oneida Business Committee shall have a full and complete discussion of the
merits and qualifications of the potential applicants, and any recommendation made by
the Chairperson of the entity, during executive session. After completing a thorough
discussion, the Oneida Business Committee shall:
(1) choose an applicant for appointment, or
(2) ask the Oneida Nation’s Secretary to re-notice the vacancy because of
ineligible, unqualified, or under qualified applicants.
(d) All appointments shall be made by the Oneida Business Committee during the open
session of a regular or special Oneida Business Committee meeting. The Oneida Business
Committee shall not appoint an applicant who fails to meet the requirements set out in the
entity's bylaws.
(e) During the open session of the regular or special Oneida Business Committee
meeting, a member of the Oneida Business Committee may make a motion to appoint an
individual. Oneida Business Committee members may:
(1) accept the selected applicant and vote to appoint the individual to the vacant
position, or
(2) reject the selected applicant and vote to oppose the appointment of the
individual.
(f) If the Oneida Business Committee rejects the selected applicant, the matter will be
deferred to the next Oneida Business Committee meeting where another applicant may be
recommended by the Oneida Business Committee, or the Oneida Business Committee
may direct the vacancy to be re-posted. When a vacancy is re-posted under this section,
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all applications from the first posting shall be considered to have been filed within the
deadline period.
105.7-2. Notification of Appointment. Once an individual is selected for appointment at an
Oneida Business Committee meeting, the Nation’s Secretary shall notify all applicants of the
final status of their application.
(a) The Nation’s Chairperson shall forward a list of all applicants to the Nation’s
Secretary and the final decision regarding the selection after the procedures for selection
of an applicant described in section 105.7-1 are completed.
(b) The Nation’s Secretary shall include on the notice to the applicant selected for
appointment the following paragraph: The Oneida Nation reports all income paid by the
Oneida Nation in whatever form. The Internal Revenue Service of the United States
considers stipends paid to members of boards, committees, and commissions to be
income which may be offset by expenses related to that income. You will receive an
income report which is also forwarded to the Internal Revenue Service, it is also your
responsibility to keep documentation of expenses related to this income.
105.7-3. Declination of Appointment. An individual who has been selected for appointment to
an entity by the Oneida Business Committee may decline the appointment.
(a) An individual may decline an
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