# Oneida Business Committee (2020) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A6db81d0ee659d10f ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 181 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. 2 of 181 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. 3 of 181 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 4 of 181 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 5 of 181 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 6 of 181 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 Page 1 of 22 February 26, 2020 Public Packet 7 of 181 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 Page 2 of 22 February 26, 2020 Public Packet 8 of 181 DRAFT 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 Page 3 of 22 February 26, 2020 Public Packet 9 of 181 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. Oneida Business Committee Regular Meeting Minutes Page 4 of 22 February 26, 2020 Public Packet 10 of 181 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 5 of 22 February 26, 2020 Public Packet 11 of 181 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 6 of 22 February 26, 2020 Public Packet 12 of 181 DRAFT 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. Oneida Business Committee Regular Meeting Minutes Page 7 of 22 February 26, 2020 Public Packet 13 of 181 DRAFT 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. Oneida Business Committee Regular Meeting Minutes Page 8 of 22 February 26, 2020 Public Packet 14 of 181 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 9 of 22 February 26, 2020 Public Packet 15 of 181 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 10 of 22 February 26, 2020 Public Packet 16 of 181 DRAFT 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. Oneida Business Committee Regular Meeting Minutes Page 11 of 22 February 26, 2020 Public Packet 17 of 181 DRAFT 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. Oneida Business Committee Regular Meeting Minutes Page 12 of 22 February 26, 2020 Public Packet 18 of 181 DRAFT 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. Oneida Business Committee Regular Meeting Minutes Page 13 of 22 February 26, 2020 Public Packet 19 of 181 DRAFT 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. Oneida Business Committee Regular Meeting Minutes Page 14 of 22 February 26, 2020 Public Packet 20 of 181 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 15 of 22 February 26, 2020 Public Packet 21 of 181 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 16 of 22 February 26, 2020 Public Packet 22 of 181 DRAFT 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. Oneida Business Committee Regular Meeting Minutes Page 17 of 22 February 26, 2020 Public Packet 23 of 181 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 18 of 22 February 26, 2020 Public Packet 24 of 181 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 19 of 22 February 26, 2020 Public Packet 25 of 181 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 20 of 22 February 26, 2020 Public Packet 26 of 181 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 21 of 22 February 26, 2020 Public Packet 27 of 181 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 Page 22 of 22 February 26, 2020 Public Packet 28 of 181 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. Page 1 of 2 Public Packet 29 of 181 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 Public Packet 30 of 181 Oneida Nation Post Office Box 365 Phone: (920) 869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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 Public Packet 31 of 181 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 44 45 46 47 48 49 50 51 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. Public Packet 32 of 181  Adopt resolution entitled Boards, Committees, and Commissions Law emergency amendments   /  /                                      Public Packet 33 of 181 Public Packet 34 of 181 Public Packet Oneida Nation 35 of 181 Post Office Box 365 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 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 Public Packet 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 36 of 181 BC Resolution _____________ Boards, Committees, and Commissions Law Emergency Amendments Page 2 of 2 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. Public Packet 37 of 181 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 Page 1 of 2 Public Packet 38 of 181 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. Page 2 of 2 Public Packet 39 of 181 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 1 2 3 4 5 6 7 8 9 10 11 12 13 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 Page 1 of 6 Public Packet 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 40 of 181 Analysis to Emergency Draft 1 2020 03 04 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. Page 2 of 6 Public Packet 41 of 181 Analysis to Emergency Draft 1 2020 03 04 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)]. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 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 Page 3 of 6 Public Packet 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 42 of 181 Analysis to Emergency Draft 1 2020 03 04 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. Page 4 of 6 Public Packet 122 123 124 125 126 127 128 129 43 of 181 Analysis to Emergency Draft 1 2020 03 04 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.” 130 131 132 133 134 135 Page 5 of 6 Public Packet 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 44 of 181 Analysis to Emergency Draft 1 2020 03 04 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]. Page 6 of 6 Public Packet 45 of 181 Draft 1 for OBC Emergency Consideration (Redline to Current) 2020 03 11 Title 1. Government and Finances – Chapter 105 BOARDS, COMMITTEES AND COMMISSIONS Laotiyanlsh&ha k 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 105.10. 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 1 O.C. 105 – Page 1 Public Packet 46 of 181 Draft 1 for OBC Emergency Consideration (Redline to Current) 2020 03 11 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 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 1 O.C. 105 – Page 2 Public Packet 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 47 of 181 Draft 1 for OBC Emergency Consideration (Redline to Current) 2020 03 11 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 1 O.C. 105 – Page 3 Public Packet 48 of 181 Draft 1 for OBC Emergency Consideration (Redline to Current) 2020 03 11 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 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. 1 O.C. 105 – Page 4 Public Packet 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 49 of 181 Draft 1 for OBC Emergency Consideration (Redline to Current) 2020 03 11 105.6-5. 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 1 O.C. 105 – Page 5 Public Packet 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 50 of 181 Draft 1 for OBC Emergency Consideration (Redline to Current) 2020 03 11 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. 1 O.C. 105 – Page 6 Public Packet 51 of 181 Draft 1 for OBC Emergency Consideration (Redline to Current) 2020 03 11 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 105.8. 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 1 O.C. 105 – Page 7 Public Packet 52 of 181 Draft 1 for OBC Emergency Consideration (Redline to Current) 2020 03 11 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 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 1 O.C. 105 – Page 8 Public Packet 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 53 of 181 Draft 1 for OBC Emergency Consideration (Redline to Current) 2020 03 11 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. 1 O.C. 105 – Page 9 Public Packet 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 54 of 181 Draft 1 for OBC Emergency Consideration (Redline to Current) 2020 03 11 (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 s [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A6db81d0ee659d10f. Public record. Not legal advice.