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Oneida Nation
Post Office Box 365
Oneida, WI 54155
Phone: (920)869-2214
BC Meeting Materials June 28, 2017
Open Session
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 796 pages are the Open Session meeting materials presented at a
meeting duly called, noticed and held on the 28th day of July, 2017 and reconvened on
the 3rd day of July, 2017.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
Open Packet
Page 1 of 739
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, June 27, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, June 28, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/
I. CALL TO ORDER AND ROLL CALL
II. OPENING
III. ADOPT THE AGENDA
pp. 1-10
IV. OATHS OF OFFICE
A. Oneida Nation Veterans Affairs Committee – Benjamin Skenandore
pp. 11-12
B. Environmental Resources Board – Isaiah Skenandore
pp. 13-14
C. Oneida Public Safety Pension Board – Jack Mehojah
pp. 15-16
V. MINUTES
A. Approve May 24, 2017, regular meeting minutes
Sponsor:
B. Approve June 9, 2017, special meeting minutes
Sponsor:
pp. 17-31
Lisa Summers, Tribal Secretary
pp. 32-34
Lisa Summers, Tribal Secretary
VI. RESOLUTIONS
A. Adopt resolution entitled One-Time Funding – Office of Tribal Justice Support – U.S. Dept.
of the Interior/Bureau of Indian Affairs
Sponsor:
Trish King, Tribal Treasurer
B. Adopt resolution entitled Domestic Animal Ordinance Amendments
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Oneida Business Committee Regular Meeting Agenda of June 28, 2017
Page 1 of 10
pp. 35-39
pp. 40-90
Open Packet
Page 2 of 739
C. Adopt resolution entitled Adoption of Vehicle Driver Certification and Fleet Management
Law
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
D. Adopt resolution entitled Landlord-Tenant (Law) Amendments
Sponsor:
pp. 147-165
Brandon Stevens, Councilman/Legislative Operating Committee Chair
F. Adopt resolution entitled Workplace Violence Law
Sponsor:
pp. 120-146
Brandon Stevens, Councilman/Legislative Operating Committee Chair
E. Adopt resolution entitled Conflict of Interest (Law) Amendments
Sponsor:
pp. 91-119
pp. 166-181
Brandon Stevens, Councilman/Legislative Operating Committee Chair
G. Adopt resolution entitled Second Extension of the Effective Date of the Community
Support Fund Law
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
pp. 182-187
H. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Adoption of resolution # 06-14-17-A Real Property Law Probate Rules Extension
pp. 188-201
Requestor: Brandon Stevens, Councilman/Legislative Operating Committee Chair
2. Adoption of resolution # 06-14-17- B Oneida Nation Seal and Flag Rules Second
Extension
Requestor: Brandon Stevens, Councilman/Legislative Operating Committee Chair
pp. 202-210
VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair:
Brandon Stevens, Councilman
1. Accept May 17, 2017, Legislative Operating Committee meeting minutes
pp. 211-214
2. Accept June 7, 2017, Legislative Operating Committee meeting minutes
pp. 215-219
3. Review Landlord-Tenant Rule #4 entitled Income Based Rent to Own Program,
Eligibility, Selection, and Other Requirements
pp. 220-264
4. Determine next steps regarding memorandum entitled Oneida Health Board – GTC
Directive
Sponsor:
pp. 265-267
Brandon Stevens, Councilman; Legislative Operating Committee Chair
B. Finance Committee
Chair:
Trish King, Tribal Treasurer
1. Approve June 19, 2017, Finance Committee meeting minutes
2. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor: Lisa Summers, Tribal Secretary
Oneida Business Committee Regular Meeting Agenda of June 28, 2017
Page 2 of 10
pp. 268-273
Open Packet
Page 3 of 739
a. Approved June 5, 2017, Finance Committee meeting minutes
Requestor:
pp. 274-285
Larry Barton, Chief Financial Officer
VIII. APPOINTMENTS
A. Approve recommendation to appoint Patricia Powless, Jason Martinez, and Pearl
Webster to the Oneida Personnel Commission
Sponsor:
Tina Danforth, Tribal Chairwoman
pp. 286-288
B. Approve recommendation to appoint Stacey Nieto, Gerald DeCoteau, and Yvonne Jourdan
to the Oneida Personnel Commission
Sponsor:
Tina Danforth, Tribal Chairwoman
pp. 289-291
C. Approve recommendation to appoint Robert Barton to the Oneida Airport Hotel Corp.
Board of Directors
Sponsor:
Tina Danforth, Tribal Chairwoman
pp. 292-294
IX. NEW BUSINESS
A. Accept presentation of Development Division re-organizational structure as information
pp. 295-319
(This item is scheduled to begin at 9:00 a.m.)
Sponsors:
Jacque Boyle, Assistant Division Director/Development-Operations; Troy Parr,
Assistant Division Director/Development-Development
B. Approve Amended and Restated Per Capita Trust agreement – file # 2017-0614
Requestor:
Sponsor:
pp. 320-351
Susan White, Director/Trust Enrollment
Brandon Stevens, Councilman
C. Approve limited waiver of sovereign immunity – Public Service Commission of Wisconsin
agreement – file # 2017-0618
Requestor:
Michael Troge, Environmental Project Manager/Eco-Services Dept.
Sponsor:
Patrick Pelky, Division Director/Environmental Health & Safety
D. Approve Oneida Nation Solar LL.C. Operating agreement – file # 2017-0655
Requestor:
Sponsor:
pp. 449-450
Kathleen Metoxen, Records Technician II/BC Support Office
Lisa Summers, Tribal Secretary
F. Approve OBC SOP entitled Stipends for OBC - Elect during Transition
Sponsor:
pp. 367-448
Michael Troge, Environmental Project Manager/Eco-Services Dept.
Patrick Pelky, Division Director/Environmental Health & Safety
E. Post vacancy to Oneida Personnel Commission with term end date of 2/28/21
Requestor:
Sponsor:
pp. 352-366
pp. 451-456
Lisa Summers, Tribal Secretary
G. Accept memorandum regarding OBC Members and Political Appointments Ending Elected
Terms
Sponsor:
pp. 457-459
Geraldine Danforth, Area Manager/Human Resources Dept.
H. Approve authorization to proceed with construction contract award for CIP # 14-013 –
Early Head Start Facility with understanding additional funds are included in FY18 budget pp. 460-465
Requestor:
Paul Witek, Senior Tribal Architect
Sponsor:
Troy Parr, Assistant Division Director/Development-Development
Oneida Business Committee Regular Meeting Agenda of June 28, 2017
Page 3 of 10
Open Packet
I.
Page 4 of 739
Approve Oneida Nation Fiscal Year 2018 Indian Housing Plan
Sponsor:
Dale Wheelock, Executive Director/Oneida Housing Authority
J. Accept two (2) SOPs regarding Emergency Closures as information
Sponsor:
pp. 466-467
pp. 468-482
Kaylynn Gresham, Director/Emergency Management
K. Approve two (2) actions regarding August 23, 2017, regular Business Committee
meeting
Sponsor:
pp. 483-495
Lisa Summers, Tribal Secretary
L. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Approved Memorandum of Understanding regarding Back Forty Mine – reference #
2017-0592
Requestor: Nathan King, Director/Intergovernmental Affairs & Communications
pp. 496-510
X. TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Councilman David Jordan – WI Republican Night – Washington
D.C. – April 25-27, 2017
pp. 511-514
2. Accept travel report – Councilman Tehassi Hill – American Indian/Alaska Native Public
Witness Hearing –Washington D.C. – May 15-17, 2017
pp. 515-519
B. TRAVEL REQUESTS
1. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor: Lisa Summers, Tribal Secretary
a. Approve travel request – Treasurer Trish King and up two (2) additional OBC
members – Midwest Alliance of Sovereign Tribes (MAST) summer meeting –
Hinkley, MN – July 13-14, 2017
Sponsor:
Lisa Summers, Tribal Secretary
Oneida Business Committee Regular Meeting Agenda of June 28, 2017
Page 4 of 10
pp. 520-529
Open Packet
Page 5 of 739
XI. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC Support
Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to https://goo.gl/uLp2jE)
A. Accept Petitioner Edward Delgado’s request to withdraw kindergarten retention petition
Sponsor:
pp. 530-539
Fawn Billie, Councilwoman
B. Petitioner Sherrole Benton: Request to change pre-employment drug testing for marijuana
1. Accept status update as information
Sponsor:
pp. 540-542
Lisa Summers, Tribal Secretary
EXCERPT FROM MAY 24, 2017: (1) Motion by Lisa Summers to accept the financial analysis,
seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to
direct the Secretary to come back with a proposed General Tribal Council date for this item at
the next regular Business Committee meeting; and to direct the Secretary to follow-up with the
petitioner to see if there’s an alternative way for the issue to be resolved, seconded by Fawn
Billie. Motion carried unanimously.
EXCERPT FROM MAY 10, 2017: Motion by Fawn Billie to defer the financial analysis to the
May 24, 2017 regular Business Committee meeting, seconded by David Jordan. Motion carried
unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Jennifer Webster to defer the financial analysis
to May 10, 2017, regular Business Committee meeting, seconded by Fawn Billie. Motion
carried unanimously.
EXCERPT FROM APRIL 12, 2017: (1) Motion by David Jordan to accept the legal analysis,
seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to
defer the financial analysis to the April 26, 2017, regular Business Committee meeting,
seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM MARCH 22, 2017: (1) Motion by David Jordan to accept the legislative
analysis, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by Tehassi Hill to
defer the legal analysis to the April 12, 2017, regular Business Committee meeting, seconded
by Lisa Summers. Motion carried unanimously. (3) Motion by David Jordan to defer the
financial analysis to the April 12, 2017, regular Business Committee meeting, seconded by
Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MARCH 8, 2017: (1) Motion by Brandon Stevens to accept the progress
report regarding legislative analysis, seconded by Tehassi Hill. Motion carried unanimously. (2)
Motion by Jennifer Webster to accept the progress report regarding the legal analysis,
seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Jennifer Webster to accept
the progress report regarding the financial analysis, seconded by Brandon Stevens. Motion
carried unanimously.
EXCERPT FROM JANUARY 11, 2017: (1) Motion by Lisa Summers to accept the verified
petition from Sherrole Benton regarding a request to change pre-employment drug testing for
marijuana use; to send the verified petition to the Law, Finance, Legislative Reference, and
Direct Report Offices for the legal, financial, legislative, and administrative analyses to be
completed; and to direct the Law, Finance, and Legislative Reference Offices to submit their
analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be
submitted in forty-five (45) days, seconded by Fawn Billie. Motion carried unanimously.
C. Approve four (4) actions regarding Petitioner Edward Delgado: Trust Land Distribution
Sponsor:
1. Accept legislative analysis
Sponsor:
pp. 553-557
Brandon Stevens, Councilman/Legislative Operating Committee Chair
D. Determine next steps regarding GTC directive for advising attorney
Sponsor:
pp. 543-552
Lisa Summers, Tribal Secretary
Melinda J. Danforth, Tribal Vice-Chairwoman
Oneida Business Committee Regular Meeting Agenda of June 28, 2017
Page 5 of 10
pp. 558-563
Open Packet
Page 6 of 739
E. Select date regarding the Tribal Chair’s call for a special GTC meeting
Sponsor:
F. Accept correspondence to GTC dated June 19, 2017, as information
Sponsor:
pp. 564-572
Lisa Summers, Tribal Secretary
pp. 573-586
Lisa Summers, Tribal Secretary
G. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Approved memorandum to cancel the June 20, 2017, special GTC meeting; and direct
the Tribal Secretary to combine agenda items to a later date with the Employment law
and Re-organization proposal
pp. 587-597
Requestor: Brandon Stevens, Councilman
2. Approved correspondence which directs the Oneida Law Office to file a request with the
Judiciary to provide Declaratory, Injunctive, or Other Relief regarding requirement to
properly notice special GTC meeting materials for the identified June 28, 2017, date
Requestor: Lisa Summers, Tribal Secretary
3. Failed request to approve scheduling a special GTC meeting on October 22, 2017
pp. 598-731
pp. 732-739
Requestor: Lisa Summers, Tribal Secretary
XII. EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to change)
A. REPORTS
1. Accept Chief Counsel report dated June 12, 2017 – Jo Anne House, Chief Counsel
pp. 740-762
2. Accept Chief Counsel report dated June 27, 2017 – Jo Anne House, Chief Counsel
p. 763
3. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
pp. 764-779
4. Accept Chief Financial Officer report – Larry Barton, Chief Financial Officer
pp. 780-785
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise – Ladies Professional Golf Association
Sponsor:
pp. 786-793
Trish King, Tribal Treasurer (This item is scheduled to begin at 8:30 a.m.)
a. Approve Oneida Golf Enterprise agent amendment
pp. 794-799
C. AUDIT COMMITTEE
Chair: Tehassi Hill, Councilman
1. Accept March 28, 2017, Audit Committee meeting minutes
pp. 800-803
2. Accept May 22, 2017, Audit Committee meeting minutes
pp. 804-808
3. Approve audit entitled Employee Advocacy Dept. Performance Assurance; and lift
confidentiality requirement to allowing Tribal Members to view the audit
Oneida Business Committee Regular Meeting Agenda of June 28, 2017
Page 6 of 10
pp. 809-816
Open Packet
Page 7 of 739
4. Approve audit entitled Environmental Health & Safety Performance Assurance; and
lift confidentiality requirement to allowing Tribal Members to view the audit
pp. 817-825
5. Approve audit entitled Four Card Poker Rules of Play; and lift confidentiality
requirement to allowing Tribal Members to view the audit
pp. 826-840
6. Approve audit entitled Grants Performance Assurance; and lift confidentiality
requirement to allowing Tribal Members to view the audit
pp. 841-852
7. Approve audit entitled Higher Education Performance Assurance; and lift
confidentiality requirement to allowing Tribal Members to view the audit
pp. 853-864
8. Approve audit entitled Integrated Food Systems Performance Assurance; and lift
confidentiality requirement to allowing Tribal Members to view the audit
pp. 865-875
9. Approve audit entitled Kalihwisaks Performance Assurance; and lift confidentiality
requirement to allowing Tribal Members to view the audit
pp. 876-884
10. Approve audit entitled Mini Baccarat Rules of Play; and lift confidentiality requirement
to allowing Tribal Members to view the audit
pp. 885-901
11. Approve audit entitled Pardon & Forgiveness Screening Committee Performance
Assurance; and lift confidentiality requirement to allowing Tribal Members to view
the audit
pp. 902-911
12. Approve audit entitled Three Card Poker Rules of Play; and lift confidentiality
requirement to allowing Tribal Members to view the audit
pp. 912-924
13. Approve audit entitled reissued Ticket and Merchandise Distribution; and lift
confidentiality requirement to allowing Tribal Members to view the audit
pp. 925-940
14. Approve audit entitled Utilities Performance Assurance; and lift confidentiality
requirement to allowing Tribal Members to view the audit
pp. 941-950
15. Approve audit entitled Veterans Service Administration Performance Assurance; and
lift confidentiality requirement to allowing Tribal Members to view the audit
pp. 951-959
16. Approve audit entitled Tsyunhehkwa Performance Assurance audit; and lift
confidentiality requirement to allowing Tribal Members to view the audit
pp. 960-972
17. Approve audit entitled Tourism Performance Assurance audit; and lift confidentiality
requirement to allowing Tribal Members to view the audit
pp. 973-983
18. Approve audit entitled Oneida Election Board Performance Assurance audit; and lift
confidentiality requirement to allowing Tribal Members to view the audit
pp. 984-992
19. Approve audit entitled Roulette Rules of Play; and lift confidentiality requirement to
allowing Tribal Members to view the audit
pp. 993-1011
20. Approve audit entitled Oneida Nation School Board Performance Assurance audit; and
lift confidentiality requirement to allowing Tribal Members to view the audit
Oneida Business Committee Regular Meeting Agenda of June 28, 2017
Page 7 of 10
pp. 1012-1022
Open Packet
Page 8 of 739
D. UNFINISHED BUSINESS
1. Defer update regarding complaint # 2017-DR16-01 to the July 26, 2017, regular
Business Committee meeting
pp. 1023-1026
Sponsors: Jennifer Webster, Councilwoman; Brandon Stevens, Councilman; Fawn Billie,
Councilwoman
EXCERPT FROM APRIL 12, 2017: Motion by Lisa Summers to accept complaint # 2017 DR1601 as having merit; and to assign Councilmembers Jennifer Webster, Brandon Stevens, and
Fawn Billie to complete the process and any follow-up, seconded by Tehassi Hill. Motion
carried unanimously.
2. Review draft policy regarding wage adjustment procedures
pp. 1027-1029
Sponsors: Geraldine Danforth, Area Manager/Human Resources Dept.; Melinda J.
Danforth, Tribal Vice-Chairwoman; Trish King, Tribal Treasurer; Lisa Summers,
Tribal Secretary
EXCERPT FROM MAY 24, 2017: Motion by Jennifer Webster to accept the status update
regarding wage adjustment procedures; and to direct the sub-team to bring draft policy to June
28, 2017, regular Business Committee meeting, seconded by David Jordan. Motion carried
unanimously.
EXCERPT FROM APRIL 12, 2017: (1) Motion by Lisa Summers to assign the Human
Resources Area Manager and a Oneida Business Committee sub-team consisting of the
Offices of Secretary Lisa Summers, Vice-Chairwoman Melinda J. Danforth, and Treasurer
Trish King to work together to bring forward a revised policy which achieves preservation of
managerial decision-making and checks-and-balances relating to budget requirements for any
type of wage adjustment, raises, bonuses, etc., seconded by Jennifer Webster. Motion carried
unanimously. (2) Motion by Lisa Summers for the Oneida Business Committee sub-team and
Human Resources to bring back a status update to the May 24, 2017, regular Business
Committee meeting agenda in executive session, seconded by Jennifer Webster. Motion
carried unanimously.
3. Determine next steps regarding non-gaming employee incentive proposal for FY18 pp. 1030-1032
Sponsor:
Geraldine Danforth, Area Manager/Human Resources Dept.
EXCERPT FROM MAY 24, 2017: (1) Motion by Lisa Summers to accept the Gaming request
for the employment reinvestment strategy for Fiscal Year 2018 to include items 1, 2, and 3 with
the agreed upon modifications, noting a final adjustment may be needed as the budget process
for the 2018 proceeds, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by
Fawn Billie for the Human Resources Department to bring back an employee incentive
proposal for the non-gaming entities for inclusion in the Fiscal Year 2018 budget, seconded by
Lisa Summers. Motion carried unanimously.
Oneida Business Committee Regular Meeting Agenda of June 28, 2017
Page 8 of 10
Open Packet
Page 9 of 739
E. NEW BUSINESS
1. JUNE 14, 2017, AGENDA REQUESTS1
a. Review complaint # 2017-DR06-09
Sponsor:
b. Approve Husch Blackwell LLP. attorney contract – file # 2017-0683
Chair:
Liaison Alt:
pp. 1079-1104
Yvonne Jourdan, Oneida Personnel Commission
David Jordan, Councilman
c. Adopt resolution entitled Regarding Pardon of Jennifer Wilson
Sponsor:
pp. 1033-1078
Lisa Summers Tribal Secretary
pp. 1105-1107
Lisa Summers, Tribal Secretary
2. JUNE 28, 2017, AGENDA REQUESTS
a. Approve limited waiver of sovereign immunity – Election Systems & Software
pp. 1108-1116
LLC. – contract # 2017-0698 (This item is scheduled to begin at 10:30 a.m.)
Chair:
Racquel Hill, Oneida Election Board
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
b. Review recommendation; and agree on final decision regarding complaints #
2017-DR08-01, # 2017-DR08-02, and # 2017-DR08-03
pp. 1117-1126
Sponsors:
David Jordan, Councilman; Brandon Stevens, Councilman; Jennifer Webster,
Councilwoman
c. Enter E-Poll results into the record in accordance with OBC SOP entitled
Conducting Electronic Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Approval of Chairwoman Cristina Danforth, Councilman Tehassi Hill, and
Councilman Brandon Stevens as the Oneida Nation team for the government
to government meeting with Oneida Nation of New York regarding trademark
issue
pp. 1127-1134
Requestor: Jo Anne House, Chief Counsel
2. Approval of Secretary Lisa Summers, Councilman Tehassi Hill, and
Councilwoman Jennifer Webster as the Oneida Nation team for the government
to government meeting with the Oneida Indian Nation; and to approve the team's
travel
pp. 1135-1146
Requestor: Lisa Summers, Tribal Secretary
3. Approved correspondence regarding complaint # 2017-CC-05; and to direct the
Tribal Secretary to send the correspondence
pp. 1147-1156
Requestor: Jo Anne House, Chief Counsel
4. Approved Development Division re-organizational structure; and to assign
Secretary Lisa Summers, Councilman Tehassi Hill, and Councilwoman Jennifer
Webster to a sub-team authorized to complete the necessary Human Resource
functions to implement the approved structure
pp. 1157-1178
Requestors: Jacque Boyle, Assistant Division Director/Development-Operations;
Troy Parr, Assistant Division Director/Development-Development
1
The June 14, 2017, regular Business Committee meeting was cancelled due to unforeseen
circumstances.
Oneida Business Committee Regular Meeting Agenda of June 28, 2017
Page 9 of 10
Open Packet
Page 10 of 739
5. Approval of forwarding concern regarding Native American Hiring Provision
(NAHP) and Tribal Equal Rights Office (TERO)/Indian Preference (IP) in totality
to the Intergovernmental Affairs and Communications Department for the
development of a strategy on how to address the issue to be brought back as
part of the next Intergovernmental Affairs and Communications report
pp. 1179-1247
Requestor: Travis Wallenfang, Coordinator/Indian Preference Office
6. Approval of one (1) enrollment relinquishment
Requestor: Cheryl Skolaski, Director/Enrollments Dept.
7. Approved Cooperative Governance Agreement between Oneida Nation and
Town of Oneida, as amended – file # 2017-0679
Requestor: Lisa Summers, Tribal Secretary
8. Adoption of resolution # 06-14-17-C Regarding Pardon of Tabitha Hill
Requestor: Kathleen Metoxen, Records Technician II/BC Support Office
pp. 1248-1256
pp. 1257-1283
pp. 1284-1290
XIII. ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 2:30 p.m., Friday, June 23, 2017, pursuant to
the Open Records and Open Meetings Law, section 7.17-1.
The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official
website at: https://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) 2362214.
Oneida Business Committee Regular Meeting Agenda of June 28, 2017
Page 10 of 10
Open Packet
Page 11 of 739
Oneida Business Committee Agenda Request
1. Meeting Date Requested: ==========
06 / 14 / 17
MEETING CANCELLED
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Benjamin Skenandore to the Oneida Nation Veterans Affairs Committee.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Kathleen M. Metoxen, Records Tech II
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 12 of 739
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The posting was in the March 2, 2017 issue of the Kalihwisaks for (2) of vacancies on the Oneida Nation Veterans
Affairs Committee for a 3 year term with the deadline of April 3, 2017. There were (6) applicants for the (2)
vacancies on the Oneida Nation Veterans Affairs Committee. The appointment was made on the May 10, 2017
BC Agenda.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Open Packet
Page 13 of 739
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
06 / 28 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Isaiah Skenandore to the Oneida Environmental Resource Board.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Kathleen M. Metoxen, Executive Tribal Clerk
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 14 of 739
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The posting was in the March 2, 2017 issue of the Kalihwisaks for (2) of vacancies on the Environmental Resource
Board for a (3) year term with the deadline of April 3, 2017. There were (3) applicants for the (2) vacancies on the
Environmental Resource Board. The appointment was made on the April 26, 2017 BC Agenda.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Open Packet
Page 15 of 739
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
06 / 28 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Jack Mehojah to the Oneida Public Safety Pension Board.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Kathleen M. Metoxen, Executive Tribal Clerk
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 16 of 739
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Administer the Oath of Office for a two year term to the the Oneida Public Safety Pension Board.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
06 / 28 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve May 24, 2017, regular meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. May 24, 2017, regular meeting minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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DRAFT
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, May 23, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, May 24, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
EXECUTIVE SESSION
Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Secretary Lisa Summers, Council
members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster;
Not Present: Chairwoman Tina Danforth at 8:36 a.m.;
Arrived at: ;
Others present: James Bittorf, Louise Cornelius, Chad Fuss, Geraldine Danforth, Lorna Skenandore,
Larry Barton, Fawn Teller, Tracey Williams, Margaret Ellis, Moon Hill, Jolene Hensberger, Tina Torrez,
Nathan King, Janice Hirth, Josh Doxtator, Tammy Skenandore, Phil Wisneski, Troy Parr, Jacque Boyle,
Kevin Rentmeester, Kelly McAndrews;
REGULAR MEETING
Present: Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers, Council members: Fawn Billie,
David Jordan, Brandon Stevens, Jennifer Webster;
Not Present: Chairwoman Tina Danforth, Treasurer Trish King;
Arrived at: Councilman Tehassi Hill at 1:30 p.m.;
Others present: Brad Graham, Bill Graham, Mike Debraska, Nancy Barton, Jessica Wallenfang, Kelly
McAndrews, Susan House, June Wommack, Joan Christnot, Tina Torrez, Phil Duffy, Kevin Shoenebeck,
Heather Lee, Dominique Danforth, Tammy Skenandore, Don Skenandore, Jen Falck, Robert Collins I,
Larry Barton, Carol Silva, Bonnie Pigman, Cathy Metoxen, Krystal John, Frank Vandehei, Mark A.
Powless Sr., Dale Wheelock, Danelle Wilson, Jennifer Jordan, Nathan Ness, Joel Maxam, Ronald King
Jr, Barb Erickson, Jamie Betters, Geraldine Danforth, Heather Heuer;
I. CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 8:32 a.m.
For the record:
Chairwoman Tina Danforth is away on approved travel attending Great
Lakes Restoration Initiative (GLRI) tribal forum in Ashland, WI. Treasurer
Trish King is out of the office on vacation time. Councilman Tehassi Hill
is attending a Faithkeepers meeting until 12:00 p.m. Councilwoman
Jennifer Webster is excused from 11:00 a.m. until 1:30 p.m. to attend the
presentation by the State Historical Society.
II. OPENING
A. Special Recognition – June Wommack – Retirement from Oneida Nation with over 25 years
of service
Requestors:
Sponsor:
Joan Christnot, Director/Head Start; Tina Torrez, Education Manager/Head Start
Jennifer Webster, Councilwoman
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Special recognition by Tina Torrez, Joan Christnot, and Councilwoman Jennifer Webster of June
Wommack for her retirement with over 25 years of service as a head start employee.
B. Special Recognition – Kevin Shoenebeck – Promotion to “Kyoshi” in the art of Danzan
Ryu Kodenkan Ju Jitsu
Requestors:
Ryan Waterstreet, Assistant Director/Oneida Family Fitness Center; Susan
House, Area Manager/Parks & Recreation
Sponsor:
George Skenandore, Division Director/Governmental Services
Special recognition by Susan House, Fitness Center staff, and students of Kevin Shoenebeck for his
promotion to Kyoshi in the art of Danzan Ryu Kodenkan Ju Jitsu.
III. ADOPT THE AGENDA (00:10:48)
Motion by Lisa Summers to adopt the agenda with the following change: [Combine Executive Session –
Unfinished Business item XI.E.04 with item XI.A.03.a. due to them being similar in nature; and delete
Executive Session – New Business item XI.F.05.], seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
IV. OATHS OF OFFICE (00:12:39) administered by Secretary Lisa Summers
A. Oneida Public Safety Pension Board – Nathan Ness, Joel Maxam, Ronald King Jr., and Jack
Mehojah (Not present)
B. Oneida Nation Veterans Affairs Committee – Carol Silva and Benjamin Skenandore (Not
present)
V. MINUTES (00:15:33)
A. Approve May 10, 2017, regular meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to approve the May 10, 2017, regular meeting minutes, noting that Secretary Lisa
Summers was absent for executive session items due to attending state tribal consultation meetings,
seconded by Lisa Summers. Motion carried with one abstention:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers
Abstained:
Jennifer Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
VI. RESOLUTIONS (00:16:24)
A. Adopt resolution entitled Legal Resource Center Emergency Adoption
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Lisa Summers to adopt resolution # 05-24-17-A Legal Resource Center Emergency Law,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
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Not Present:
Tina Danforth, Tehassi Hill, Trish King
VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair: Brandon Stevens, Councilman
1. Accept May 3, 2017, Legislative Operating Committee meeting minutes (00:26:36)
Motion by Jennifer Webster to accept the May 3, 2017, Legislative Operating Committee meeting
minutes, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
2. Approve Per Capita Rule No. 1: Distribution Rule Certification; and Hunting, Fishing, &
Trapping Rule Handbook Certification (00:27:01)
Motion by Lisa Summers to approve the Per Capita Rule No. 1: Distribution Rule Certification, seconded
by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
Motion by Lisa Summers to approve the Hunting, Fishing, and Trapping Rule Handbook Certification,
seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
B. Finance Committee
Chair: Trish King, Tribal Treasurer
1. Approve May 16, 2017, Finance Committee meeting minutes (00:40:54)
Motion by David Jordan to approve the May 16, 2017 Finance Committee meeting minutes, seconded by
Jennifer Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Tina Danforth, Tehassi Hill, Trish King
C. Quality of Life Committee
Chair: Fawn Billie, Councilwoman
1. Accept April 20, 2017, Quality of Life Committee meeting minutes (00:41:18)
Motion by David Jordan to accept the April 20, 2017, Quality of Life Committee meeting minutes,
seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
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VIII. NEW BUSINESS (Please Note: Scheduled times are approximate and subject to change)
A. Approve three (3) requests regarding doctoral dissertation – Jennifer J. Jordan, Ph.D.,
CHES, HHS – “Communicating Periodontal Disease Risk to American Indian Patients with
Diabetes”
Sponsor:
Jo Anne House, Chief Counsel
Motion by Lisa Summers to accept the presentation as information; to forward the presentation and
contact information to Dr. Vir and Debra Danforth at the Oneida Community Health Center for their
information; and to grant Dr. Jordan permission to publish the results of this study, seconded by Jennifer
Webster. Motion withdrawn, noting that this item has a scheduled time of 10:00 a.m. (00:41:48)
Fawn Billie departs at 9:59 a.m.
Fawn Billie returns at 10:01 a.m.
Motion by Lisa Summers to accept the presentation as information; to forward the presentation and
contact information to Dr. Vir and Debra Danforth at the Oneida Community Health Center for their
information; and to grant Dr. Jordan permission to publish the results of this study, seconded by Jennifer
Webster. Motion carried with one abstention: (1:23:29)
Ayes:
Fawn Billie, Brandon Stevens, Lisa Summers, Jennifer Webster
Abstained:
David Jordan
Not Present:
Tina Danforth, Tehassi Hill, Trish King
For the record:
Councilman David Jordan stated I abstain because Jennifer is my niece.
B. Approve EZ-Baccarat Rules of Play (00:42:57)
Chair:
Liaison:
Mark A. Powless Sr., Oneida Gaming Commission
Brandon Stevens, Councilman
Motion by Fawn Billie to approve the EZ-Baccarat Rules of Play, seconded by David Jordan. Motion
carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
Motion by Lisa Summers to request these be reviewed by the Oneida Gaming Commission and brought
back in one (1) year to the Business Committee as an update, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
C. Approve limited waiver of sovereign immunity – WI. Dept. of Veterans Affairs – Access and
Data Sharing agreement – contract # 2017-0464 (00:44:59)
Requestor:
Kerry R. Metoxen, Manager/Oneida Nation Veterans Dept.
Liaison:
Jennifer Webster, Councilwoman
Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – WI. Dept. of Veterans
Affairs – Access and Data Sharing agreement – contract # 2017-0464, seconded by Lisa Summers.
Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
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D. Approve request for status update regarding community concern # 2016-CC-21 –
Tysunhehkwa operations (00:46:06)
Requestor:
Nancy Barton
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to accept the request as information, seconded by Jennifer Webster. Motion
carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
E. Review community concern # 2017-CC-08 – Tribal phone company (1:09:28)
Requestor:
Sponsor:
Brad Graham
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to accept community concern # 2017-CC-08; and to request Chairwoman Tina
Danforth to complete the follow-up regarding this issue, seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
IX. TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Secretary Lisa Summers, Councilman Tehassi Hill, and
Councilwoman Jennifer Webster – OTIE Welcome and Orientation – Milwaukee, WI –
April 20-21, 2017 (1:14:22)
Motion by Fawn Billie to accept the travel report – Secretary Lisa Summers, Councilman Tehassi Hill, and
Councilwoman Jennifer Webster – OTIE Welcome and Orientation – Milwaukee, WI – April 20-21, 2017,
seconded by David Jordan. Motion carried with two abstentions:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens
Abstained:
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
B. TRAVEL REQUESTS
1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
a. Approved travel request – Councilman Tehassi Hill – American Indian/Alaska
Native Public Witness Hearing – Washington D.C. – May 15-17, 2017 (1:14:56)
Requestor:
Tehassi Hill, Councilman
Motion by David Jordan to enter the E-Poll results into the record for the approved travel request –
Councilman Tehassi Hill – American Indian/Alaska Native Public Witness Hearing – Washington D.C. –
May 15-17, 2017, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
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b. Approved travel request – Chairwoman Tina Danforth – Great Lakes Restoration
Initiative (GLRI) tribal forum – Ashland, WI – May 23-24, 2017 (1:15:36)
Requestor:
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to enter the E-Poll results into the record for the approved travel request –
Chairwoman Tina Danforth – Great Lakes Restoration Initiative (GLRI) tribal forum – Ashland, WI – May
23-24, 2017, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
X. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC
Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to
https://goo.gl/uLp2jE)
A. Petitioner Sherrole Benton: Request to change pre-employment drug testing for marijuana
1. Accept financial analysis (1:16:05)
Sponsor:
Larry Barton, Chief Financial Officer
Motion by Lisa Summers to accept the financial analysis, seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
Motion by Lisa Summers to direct the Secretary to come back with a proposed General Tribal Council
date for this item at the next regular Business Committee meeting; and to direct the Secretary to follow-up
with the petitioner to see if there’s an alternative way for the issue to be resolved, seconded by Fawn
Billie. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
EXCERPT FROM MAY 10, 2017: Motion by Fawn Billie to defer the financial analysis to the
May 24, 2017 regular Business Committee meeting, seconded by David Jordan. Motion
carried unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Jennifer Webster to defer the financial analysis
to May 10, 2017, regular Business Committee meeting, seconded by Fawn Billie. Motion
carried unanimously.
EXCERPT FROM APRIL 12, 2017: (1) Motion by David Jordan to accept the legal analysis,
seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to
defer the financial analysis to the April 26, 2017, regular Business Committee meeting,
seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM MARCH 22, 2017: (1) Motion by David Jordan to accept the legislative
analysis, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by Tehassi Hill to
defer the legal analysis to the April 12, 2017, regular Business Committee meeting, seconded
by Lisa Summers. Motion carried unanimously. (3) Motion by David Jordan to defer the
financial analysis to the April 12, 2017, regular Business Committee meeting, seconded by
Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MARCH 8, 2017: (1) Motion by Brandon Stevens to accept the progress
report regarding legislative analysis, seconded by Tehassi Hill. Motion carried unanimously.
(2) Motion by Jennifer Webster to accept the progress report regarding the legal analysis,
seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Jennifer Webster to
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accept the progress report regarding the financial analysis, seconded by Brandon Stevens.
Motion carried unanimously.
EXCERPT FROM JANUARY 11, 2017: (1) Motion by Lisa Summers to accept the verified
petition from Sherrole Benton regarding a request to change pre-employment drug testing for
marijuana use; to send the verified petition to the Law, Finance, Legislative Reference, and
Direct Report Offices for the legal, financial, legislative, and administrative analyses to be
completed; and to direct the Law, Finance, and Legislative Reference Offices to submit their
analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be
submitted in forty-five (45) days, seconded by Fawn Billie. Motion carried unanimously.
XI. EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to change)
Motion by Lisa Summers to go into executive session at 10:30 a.m., seconded by Fawn Billie. Motion
carried unanimously: (1:44:33)
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
Executive session recessed at 11:57 p.m. and resumed at 1:30 p.m. with Chairwoman Tina Danforth,
Treasurer Trish King, and Councilman Brandon Stevens not present.
Motion by David Jordan to come out of executive session at 3:45 p.m., seconded by Fawn Billie. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
A. REPORTS
1. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manger
(1:45:48)
Motion by David Jordan to accept the Gaming General Manager report for May 23, 2017, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
a. Gaming Strategy for FY 2018 budget (1:46:11)
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the
agenda to the May 24, 2017, regular Business Committee meeting with the exception of
item XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded
by Brandon Stevens. Motion carried unanimously.
Motion by Lisa Summers to accept the Gaming request for the employment reinvestment strategy for
Fiscal Year 2018 to include items 1, 2, and 3 with the agreed upon modifications, noting a final
adjustment may be needed as the budget process for the 2018 proceeds, seconded by Tehassi Hill.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Fawn Billie for the Human Resources Department to bring back an employee incentive
proposal for the non-gaming entities for inclusion in the Fiscal Year 2018 budget, seconded by Lisa
Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
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2. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
(1:47:03)
Motion by Jennifer Webster to accept the Intergovernmental Affairs & Communications report for May 23,
2017, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
3. Accept Chief Counsel report – Jo Anne House, Chief Counsel (1:47:19)
Motion by David Jordan to accept the Chief Counsel report for May 23, 2017, seconded by Fawn Billie.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to defer the audit question back to the Audit Committee; and to request the
Audit Committee bring back a recommendation regarding the Judiciary question when ready, seconded
by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by David Jordan to approve the 2nd amendment – Attorney Patricia Garvey – contract # 20110313, seconded by Jennifer Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, David Jordan, Lisa Summers, Jennifer Webster
Abstained:
Tehassi Hill
Not Present:
Tina Danforth, Trish King, Brandon Stevens
a. Review legal opinion regarding complaint # 2017-CC-05 and determine next steps
(1:48:20)
Motion by Lisa Summers to direct correspondence be drafted from the Oneida Business Committee
regarding the three (3) items identified to be completed for the next regular Business Committee meeting
for approval, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to direct the Legislative Operating Committee to include in the Comprehensive
Policy Governing Boards, Committees, and Commissions a requirement that all Boards, Committees, and
Commissions be required to keep standard operating procedures on file with the Secretary’s Office,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise – Ladies Professional Golf Association (1:49:17)
Sponsor:
Trish King, Tribal Treasurer
Motion by Fawn Billie to accept the Oneida Golf Enterprise – Ladies Professional Golf Association report
for May 23, 2017, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
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Motion by Jennifer Webster to accept the event schedule presented including two (2) adjustments, and
note the Secretary’s Office will send out the appointments with the activities and times for each one of the
days, noting the full Business Committee will participate in the welcome message, seconded by Lisa
Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
C. AUDIT COMMITTEE (No Requested Action)
D. TABLED BUSINESS
1. Approve recommendation regarding Oneida Trust Enrollment memorandum dated
April 25, 2017 (1:50:10)
Sponsor: Jo Anne House, Chief Counsel
EXCERPT FROM MAY 10, 2017: (1) Motion by Trish King to accept the Oneida Trust
Enrollment Committee decision from their memorandum dated April 25, 2017, as information;
to support recommendation #1 regarding the funding source identified in the decision on
enrollment; and to authorize the use of income from the Language Revitalization Fund for the
purpose of making the Minors Trust Account referred to in the decision on enrollment whole,
seconded by Tehassi Hill. Motion not voted on; item tabled. (2) Motion by David Jordan to
table this item until the next meeting and make sure we have Trust Enrollment Committee
representation when we untable it. Motion failed due to lack of support. (3) Motion by Fawn
Billie to table this item for two (2) weeks, seconded by David Jordan. Motion carried with two
opposed.
Motion by Lisa Summers to take this item from the table, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to accept the Oneida Trust Enrollment Committee decision on enrollment dated
April 25, 2017, as information, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to request the Trust Enrollment Committee to budget payment for Fiscal Year
2018 in accordance with the per capita budgeting process, adjust for the interest, and to confirm with the
Business Committee when the process is completed, noting this will be communicated to the Trust
Enrollment Committee via Councilman Brandon Stevens, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
E. UNFINISHED BUSINESS
1. Accept status update regarding wage adjustment procedures; and direct sub-team to
bring draft policy to June 28, 2017, regular Business Committee meeting (1:51:40)
Sponsors: Melinda J. Danforth, Tribal Vice-Chairwoman; Lisa Summers, Tribal Secretary;
Trish King, Tribal Treasurer; Geraldine Danforth, Area Manager/Human
Resources
Motion by Jennifer Webster to accept the status update regarding wage adjustment procedures; and to
direct the sub-team to bring draft policy to June 28, 2017, regular Business Committee meeting,
seconded by David Jordan. Motion carried unanimously:
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Ayes:
Not Present:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Tina Danforth, Trish King, Brandon Stevens
EXCERPT FROM APRIL 12, 2017: (1) Motion by Lisa Summers to assign the Human
Resources Area Manager and a Oneida Business Committee sub-team consisting of the
Offices of Secretary Lisa Summers, Vice-Chairwoman Melinda J. Danforth, and Treasurer
Trish King to work together to bring forward a revised policy which achieves preservation of
managerial decision-making and checks-and-balances relating to budget requirements for
any type of wage adjustment, raises, bonuses, etc., seconded by Jennifer Webster. Motion
carried unanimously. (2) Motion by Lisa Summers for the Oneida Business Committee subteam and Human Resources to bring back a status update to the May 24, 2017, regular
Business Committee meeting agenda in executive session, seconded by Jennifer Webster.
Motion carried unanimously.
2. Review Language House proposal and determine next steps (1:52:25)
Sponsors: Tehassi Hill, Councilman; Jennifer Webster, Councilwoman; Brandon Stevens,
Councilman
Motion by Lisa Summers to accept the update on the Language Department move; to continue to support
the initiative; and to bring back any necessary follow-ups through the team to complete the transition to
coincide with Fiscal Year 2018, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to direct the Business Committee’s language sub-team and the Governmental
Services Division Director to ensure that the language revitalization funds are allocated in accordance
with the resolution so the dollars follow the language program, seconded by David Jordan. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
EXCERPT FROM MARCH 22, 2017: Motion by Lisa Summers to approve the concept to
move forward; to assign the team members of Councilmembers Tehassi Hill, Jennifer
Webster, and Brandon Stevens to complete the follow-up; and that the final proposal be
brought back for final approval at the May 10, 2017, regular Business Committee meeting,
seconded by Trish King. Motion carried unanimously.
3. Approve final report regarding Tsyunhehkwa (1:53:20)
Sponsor:
Joanie Buckley, Division Director/Internal Services
Motion by Jennifer Webster to support model c in concept; and to direct the Internal Services Division
Director to come back with a communications plan, a marketing plan, and a cost analysis for final
approval by the Business Committee before moving forward, noting Business Committee members Lisa
Summers, Jennifer Webster, Brandon Stevens, Tehassi Hill, and Fawn Billie will assist in the
communication component, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to request the Internal Services Division Director to post the Tsyunhehkwa
Manager position as soon as possible; and that Business Committee members Jennifer Webster, David
Jordan, Tehassi Hill, and Melinda J. Danforth act as area managers for the interview process, seconded
by Fawn Billie. Motion carried unanimously:
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Ayes:
Not Present:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Tina Danforth, Trish King, Brandon Stevens
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Fawn Billie to defer the final recommendations
regarding Tsyunhehkwa to the May 10, 2017, regular Business Committee meeting,
seconded by Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MARCH 22, 2017: Motion by Tehassi Hill to accept the Tsyunhehkwa
report; and to request the Internal Services Division Director to bring back final
recommendations for the April 26, 2017, regular Business Committee meeting, seconded by
Brandon Stevens. Motion carried unanimously.
4. Defer applicable documents and policies from Law Office regarding community
concern # 2017-CC-05 to May 24, 2017, regular Business Committee meeting
Sponsor: Jo Anne House, Chief Counsel
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Tehassi Hill to forward this item to the Law
Office for a legal review of all applicable documents and policies to be brought back at the
next Business Committee meeting or as soon as possible, seconded by Fawn Billie. Motion
carried unanimously.
Item combined with item XI.A.03.a. at the adoption of the agenda due to similar nature.
5. Review applications and appoint appropriate applicants to Oneida ESC Group LLC.
Board of Managers (1:54:26)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to appoint John Breuninger to the Oneida ESC Group LLC. Board of Managers
with a term length of one (1) year, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to appoint Jacqueline Zalim to the Oneida ESC Group LLC. Board of Managers
with a term length of two (2) years, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to appoint Leslie Wheelock to the Oneida ESC Group LLC. Board of Managers
with a term length of three (3) years, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Fawn Billie to defer this item to the next
Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously.
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6. Direct Housing Authority Executive Director to provide update on process to exceed
FY 2016 IHP acquisition/rehabilitation limit (1:55:32)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to proceed with the exception to the 2016 Indian Housing Plan limit; and to
request the Housing Authority Executive Director to work with the Division of Land Management to
complete the process, seconded by Jennifer Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, David Jordan, Lisa Summers, Jennifer Webster
Abstained:
Tehassi Hill
Not Present:
Tina Danforth, Trish King, Brandon Stevens
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Tehassi Hill to defer this item to the May 10,
2017, Business Committee meeting, seconded by Fawn Billie. Motion carried with one
abstention.
7. Approve reorganization proposal and consolidation plan (1:56:09)
Sponsor:
Joanie Buckley, Division Director/Internal Services
Motion by Jennifer Webster to accept the reorganization proposal and consolidation plan in concept; and
to direct the Division Director to work with Finance and Human Resources Department to formulate a
comprehensive plan including, but not limited to, strategic plan, transition plan, cost analysis, and
communication plan, seconded by Fawn Billie. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Tina Danforth, Trish King, Brandon Stevens
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
8. Review community concern # 2017-CC-07 (1:57:01)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to accept community concern # 2017-CC-07 as information; and to direct
Councilman Brandon Stevens, liaison to the Oneida Gaming Commission, to set a meeting in the next
two (2) weeks with the Business Committee and Oneida Gaming Commission, seconded by Tehassi Hill.
Motion carried with two abstentions:
Ayes:
Tehassi Hill, Lisa Summers, Jennifer Webster
Abstained:
Fawn Billie, David Jordan
Not Present:
Tina Danforth, Trish King, Brandon Stevens
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
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9. Review complaint # 2017-DR08-05 (1:57:37)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by David Jordan to accept complaint # 2017-DR08-05 as having merit; and to assign
Councilmembers Tehassi Hill, Fawn Billie, and Jennifer Webster to the complaint, seconded by Jennifer
Webster. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Trish King, Brandon Stevens
For the record:
Vice-Chairwoman Melinda J. Danforth stated I have recused myself from
this matter as well as David.
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
F. NEW BUSINESS
1. Approve limited waiver of sovereign immunity – Wonderlic Inc. – contract # 2017-0155
Sponsor:
Ravinder Vir, Medical Director/Comprehensive Health (1:58:20)
Motion by David Jordan to approve the limited waiver of sovereign immunity – Wonderlic Inc. – contract #
2017-0155, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
2. Approve Development Division re-organizational structure (1:58:50)
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by David Jordan to defer the request to the next regular Business Committee meeting; and that
Councilman Tehassi Hill and Vice-Chairwoman Melinda J. Danforth will follow-up with the Assistant
Directors on the noted changes, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Jennifer Webster to require a presentation be done as information at the next regular Business
Committee meeting, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
3. Determine next steps regarding additional duties compensation for Direct Report – 01
Sponsor:
Fawn Billie, Councilwoman (1:49:34)
Motion by Lisa Summers to delete this item from the agenda, as this item has been completed, seconded
by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
4. Approve three (3) actions regarding Judge of the Court of Appeals resignation
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman (1:59:50)
Motion by Fawn Billie to accept the resignation of Jennifer Hill-Kelley, Judge of the Court of Appeals,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
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Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Jennifer Webster to declare the Office of the Judge of Court of Appeals as vacant in
accordance with section 801.11-8 of the Judiciary Law; and to request the Election Board liaisons to
provide the proper notice and communication regarding the vacancy to the Election Board, seconded by
Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
5. Review OBC liaison concerns regarding Oneida Total Integrated Enterprises LLC.
Sponsor:
Jennifer Webster, Councilwoman
Item deleted at the adoption of the agenda.
6. Enter E-Poll results in to the record in accordance with OBC SOP Conducting
Electronic Voting: (2:00:48)
Sponsor: Lisa Summers, Tribal Secretary
a. Failed request to reconsider the changed offer and continue with due diligence
with 3rd party review, per the 4/26/17 OBC action regarding Aimbridge proposal
Requestor:
Trish King, Tribal Treasurer
Motion by Jennifer Webster to enter the E-Poll results into the record for the failed request to reconsider
the changed offer and continue with due diligence with 3rd party review per the 4/26/17 OBC action
regarding the Aimbridge proposal, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
For the record:
Secretary Lisa Summers stated I already have a for the record comment
as part of the E-Poll itself, but I wanted to clarify because the wording is
a little bit strange on this request. The request was for us to consider
moving forward and there were some changes to the proposal and that’s
what we were considering was to move forward even though there was
changes and we decided to not proceed because of those changes. And
it’s worded strange because it’s like to reconsider the changed offer and
we’re not actually reconsidering the changes, we’re considering the
changes and making a decision based on that. So I just wanted to make
sure that was clarified.
XII. ADJOURN
Motion by Fawn Billie to adjourn at 4:03 p.m., seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
06 / 28 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve June 9, 2017, special meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. June 9, 2017, special meeting minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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DRAFT
Oneida Business Committee
Special Meeting
8:00 a.m. Friday, June 9, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes - DRAFT
SPECIAL MEETING
Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Secretary Lisa Summers, Council
members: Fawn Billie, Tehassi Hill, David Jordan;
Not Present: Chairwoman Tina Danforth, Councilwoman Jennifer Webster;
Arrived at: Councilman Brandon Stevens at 8:07 a.m.;
Others present: Heather Heuer, Larry Barton;
I. CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 8:00 a.m.
For the record:
Chairwoman Tina Danforth will be arriving to office later this morning.
Councilwoman Jennifer Webster is out of the office on personal time.
II. OPENING
III. ADOPT THE AGENDA
Councilman Brandon Stevens arrives at 8:07 a.m.
Motion by Tehassi Hill to adopt the agenda as presented, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Tina Danforth, Jennifer Webster
IV. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC
Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to
https://goo.gl/uLp2jE)
A. Approve 2017 Semi-Annual GTC meeting materials
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Lisa Summers to approve the 2017 Semi-Annual GTC meeting materials as presented,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Tina Danforth, Jennifer Webster
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DRAFT
V. ADJOURN
Motion by Brandon Stevens to adjourn at 8:13 a.m., seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Tina Danforth, Jennifer Webster
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee Special Meeting Minutes DRAFT of June 9, 2017
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Oneida Nation
Post Office Box 365
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Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
One-Time Funding – Office of Tribal Justice Support – U.S. Department of the
Interior/Bureau of Indian Affairs
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Nation has determined that the overall goal of the Oneida Nation is to protect,
maintain and improve the standard of living and the environment in which the Oneida
people live; and
WHEREAS,
the Mission of the Oneida Judiciary is to administer a fair, orderly, and neutral forum for
the resolution of issues that may arise out of governance of the Oneida Nation and civil
actions amongst its members, other people residing on the Oneida Reservation, and those
doing business with entities of the Oneida Nation. It is the mission of the Oneida Judiciary
to operate as an independent branch of our government entrusted by the General Tribal
Council to protect the Sovereignty of the Oneida Nation and the Rights of it members and
employees; and
WHEREAS,
the Judiciary requested the Nation to support its request for a Tribal Court Assessment be
conducted by the Bureau of Indian Affairs, Office of Justice Services, Tribal Justice Support
in 2015, and
WHEREAS,
the Tribal Court Assessment was conducted and a report was submitted to the Nation and
the Judiciary in 2016, and
WHEREAS,
the Judiciary’s successful participation in the Tribal Court Assessment resulted in this One
Time funding opportunity to address improvements, and
WHEREAS,
the Oneida Nation, on behalf of its Judiciary, has submitted a request for One-Time
Funding and that request has been awarded in the amount of $162,613; and
WHEREAS,
the One-Time Funding is to be used for the following expenditures: Additional Surveillance
Camera ($3,200); Courtroom Locks ($10,000); Duress Alarm Upgrades ($800); Computer
Monitor ($240); Courtroom Video Conferencing ($42,049); Just Ware Off-site training
($4,544); On-Site training ($11,000); WTCCA Collaboration ($2,000); National Judicial
College – Administrative Court ($4,500); Advanced Court ($13,500); New Judge Training
($20,000); Records Technician ($19,152); and Family Court Clerk ($31,628; and
NOW THEREFORE BE IT RESOLVED, that the Oneida Nation will receive a One-Time Funding award in
the amount of $162,613, to be disbursed to the Oneida Judiciary in support of recommendations in the
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BC Resolution # __-__-__-_
One-Time Funding – Office of Tribal Justice Support –
U.S. Department of the Interior/Bureau of Indian Affairs
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Tribal Court Assessment. Expending these funds will begin in FY 2017 and it is specifically understood
that this One Time funding is above and beyond the current General Tribal Council approved budget.
BE IT FURTHER RESOLVED that all required reporting and accounting for this One Time funding will
adhere to Nation’s Accounting Department and the Federal funding office.
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
06 / 28 / 17
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:
Adoption Resolution: Domestic Animal Ordinance Amendments
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Memorandum
3. Legislative Analysis, draft, redline
2. Statement of Effect
4. Fiscal Impact Statement
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, Council Member
Primary Requestor:
Jennifer Falck, Director, Legislative Reference Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Candice E. Skenandore, Legislative Analyst, Legislative Reference Office
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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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
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WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;
and
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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
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WHEREAS, the Oneida Business Committee originally adopted the Domestic Animal
Ordinance through resolution BC-03-13-96-B and thereafter amended it through
resolution BC-06-22-11-G; and
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WHEREAS, the Amendments respond to concerns related to enforcement of domestic animal
encounters and increased reporting of dog bites; and
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WHEREAS, these Amendments to the Domestic Animal Ordinance:
BC Resolution _____________
Domestic Animal Ordinance Amendments
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1. Change the name of the law from “Domestic Animal Ordinance” to
“Domestic Animals”;
2. Protect the health, safety, and welfare of the community by requiring certain
basic measures to prevent the spread of diseases carried by domestic animals;
3. Set minimum standards for the treatment of animals;
4. Prohibit certain species of animals from being brought onto the Reservation;
5. Regulate the keeping of livestock on lots zoned residential within the
Reservation;
6. Establish consequences for damages caused by domestic animals and
requirements following animal bites and dangerous animals;
7. Authorize Oneida Police Officers and Conservation Warden to investigate
8. complaints and enforce this Law;
9. Transfer hearing authority from ERB to the Trial Court; and
10. Delegate rulemaking authority to the Environmental Health & Safety
Division, Environmental Resources Board, Emergency Management Coordinator
and Comprehensive Health Division.
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WHEREAS, a public meeting on the proposed Amendments was held on June 5, 2016 in
accordance with the Legislative Procedures Act; and
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NOW THEREFORE BE IT RESOLVED, that the Domestic Animal Ordinance
Amendments are hereby adopted.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155‐0365
Oneida‐nsn.gov
Statement of Effect
Domestic Animals Ordinance Amendments
Summary
This Resolution adopts Amendments to the Domestic Animals Ordinance (the “Law”) which:
1. Change the name of the law from “Domestic Animal Ordinance” to
“Domestic Animals”;
2. Protect the health, safety, and welfare of the community by requiring certain
basic measures to prevent the spread of diseases carried by domestic animals;
3. Set minimum standards for the treatment of animals;
4. Prohibit certain species of animals from being brought onto the Reservation;
5. Regulate the keeping of livestock on lots zoned residential within the
Reservation;
6. Establish consequences for damages caused by domestic animals and
requirements following animal bites and dangerous animals;
7. Authorize Oneida Police Officers and Conservation Warden to investigate
8. complaints and enforce this Law;
9. Transfer hearing authority from ERB to the Trial Court; and
10. Delegate rulemaking authority to the Environmental Health & Safety
Division, Environmental Resources Board, Emergency Management Coordinator
and Comprehensive Health Division
Submitted by: Krystal L. John, Staff Attorney, Oneida Law Office
Analysis by the Legislative Reference Office
This Law was originally adopted by Resolution BC-03-13-96-B and was thereafter amended by
Resolution BC-06-22-11-G.
The actual revisions contained in these Amendments are listed above and are being brought
forward in response to concerns related to enforcement of domestic animal encounters and
increased reporting of dog bites.
A public meeting was held for these Amendments on June 5, 2017 for which the public comment
period expired on June 12, 2017 in accordance with the Legislative Procedures Act. There were
not any oral or written comments submitted.
The Nation does not currently have any other laws or resolutions that govern domestic animal
related issues and has the authority to regulate the keeping of domestic animals within the
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reservation boundaries. There is no applicable state or federal law that would preclude the
Nation from exercising such authority through the adoption of these amendments.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
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Analysis to OBC Consideration Draft
2017 06 28
Domestic Animals Amendments
Legislative Analysis
SECTION 1. BACKGROUND
REQUESTER:
Jeff Mears (EHS)
Intent of the
Amendments
Purpose
Affected Entities
Affected
Legislation
Enforcement/Due
Process
Public Meeting
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SPONSOR:
DRAFTER:
ANALYST:
Tehassi Hill
Krystal John
Candice E. Skenandore
To protect community members from disease, set minimum standards for
treatment of animals, prohibit certain animals from being brought on the
Reservation, regulate livestock and establish consequences for damages caused by
domestic animals.
To protect the health, safety and welfare of the community by requiring certain
basic measures to prevent the spread of disease carried by domestic animals; set
minim standards for the treatment of animals; prohibit certain species of animals
from being brought onto the Reservation; regulate the keeping of livestock on lots
zoned residential within the Reservation; and establish consequences for damages
caused by domestic animals [See Domestic Animals, 3 O.C. 304.1-1].
All Tribal members; Nation’s entities and corporations; members of other
federally recognized tribes; individuals and businesses leasing, occupying or using
fee and/or trust land owned by/held in trust on behalf of the Nation or by
individual Tribal members; individuals who consent to the Nation’s jurisdiction
[See Domestic Animals, 3 O.C. 304.4-1]. In addition, Oneida Police Department
(OPD), Conservation Wardens, Environmental Health & Safety Division,
Environmental Resource Board (ERB), Public Health Officer, Oneida Land
Commission, Judiciary, Comprehensive Health Division and the Emergency
Management Coordinator.
Appealing the Trial Court’s decision must follow the process set forth in the Rules
of Appellate Procedure; for individuals that failed to pay a citation, ERB can
pursue payment pursuant to the Garnishment law and/or Per Capita law [See
Domestic Animals, 3 O.C. 304.11-2 (c) & (d)].
If this Law or orders issued under this Law are violated, a citation (fine, penalty,
conditions and other orders) may be issued. All issued citations, orders and
declarations shall include a prehearing date with the Trial Court. The person
wishing to contest a citation must appear at the prehearing where the Trial Court
will accept a plea and must schedule a hearing for those that contest the fact that
they committed the act for which the citation was issued [See Domestic Animals,
3 O.C. 304.11].
A public meeting was held on June 5, 2017.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. These amendments will help protect the community by giving rulemaking authority to certain entities
in order to establish rules related to disease investigations and quarantines [See Domestic Animals, 3
O.C. 304.5-3]. In addition, these amendments pertain to the standard treatment of animals as well as
prohibiting exotic animals from being brought on the Reservation, unless the owner/handler follows
the process set forth in this Law. The amendments also regulate livestock in residential areas and
establish consequences for damaged caused by domestic animals.
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SECTION 3. CONSULTATION
A. The OPD, Judiciary, Oneida Conservation Department, ERB, and Environmental Health & Safety
Division were involved in consultations and discussions when developing this Law.
B. A number of Domestic Animal laws were reviewed while developing this Law, they include:
De Pere Prohibited Animals, Sec. 86
Exotic Animal Bans Examples (Green Bay, CH 8; Village of Howard, Sec. 4-150; Village of
Suamico, 11.04 (b); Village of Hobart, ' 102-5
Green Bay Ordinance-Public Health & Welfare, CH. 8
Milwaukee County Animal Ordinance, CH 78
Wausau Municipal Code, Animals-Care and Control, Title 8, CH. 8.08
SECTION 4. PROCESS
A. This Law has followed the process set forth in the Legislative Procedures Act (LPA) except that the
public meeting was not properly noticed to all managers or directors. The LPA requires the public
meeting notice, legislation, legislative analysis and fiscal impact statement, if fiscal impact statement is
available, to be electronically provided to all managers or directors [See Legislative Procedures Act, 1
O.C. 109.8-2 (b)]. The notice and backup documents were never provided electronically to all managers
or directors; however, the public meeting was properly noticed in the Kalihwisaks and was made public
on the Oneida Register as required by the LPA [See Legislative Procedures Act, 1 O.C. 8-2 (a & b)].
B. The Law was added to the active files list on September 19, 2015.
C. Work meetings were held in March of 2017.
SECTION 5. CONTENTS OF THE LEGISLATION
A. Jurisdiction. This Law specifies personal and territorial jurisdiction. Personal jurisdiction is over 1)
all Tribal members, Nation’s entities and corporations, and member of other federal recognized tribes;
2) individuals and businesses leasing, occupying or using fee land owned by the Nation or individual
Tribal member and/or lands held in trust on behalf of the Nation or individual Tribal member; and 3)
individuals who have consented to the Nation’s jurisdiction or federal law. Territorial jurisdiction is
over all land owned by the Nation or individual Tribal member’s trust or fee land [See Domestic
Animals, 3 O.C. 304.4].
B. Authority. The following authorities specified in Section 304.5 of this Law include the following:
OPD Officers and Conservation Wardens must investigate complaints involving domestic
animals and enforce this Law.
Environmental Health & Safety Division and ERB will have joint rulemaking authority to
establish and maintain a fine and penalty schedule, a licensing fee schedule and other rules
necessary to enforce and implement this Law.
Environmental Health & Safety Division, Emergency Management Coordinator and
Comprehensive Health Division will have joint rulemaking authority to establish rules related
to disease investigations and quarantines.
Environmental Health & Safety Division must make all decisions relating to issuing licenses
pursuant to this Law [See Domestic Animals, 3 O.C. 304.5].
C. Requirements for Dogs & Cats. After five months of age, dogs and cats must be licensed annually
and vaccinated for rabies. If district quarantine is initiated, the dogs and cats located in the area in
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which the district quarantine was issued must be kept securely confined, tied, leashed or muzzled.
Animals that are immunized against rabies are exempt from district quarantine requirements. Dogs
and cats can only be outside their owner’s premises if the animals are crated, penned or on a leash. If
the animal is a nuisance, having two or more verified disturbances of excessive barking or running
lose or one verified disturbance involving threatening behavior, OPD and Conservation can pick up
the animal. A single residential household can have up to 1) three dogs, 2) three cats or 3) a
combination of dogs and cats that does not exceed five animals. The Law allows for an exception if
they exceed this amount prior to the Law becoming effective, keep or possess a litter or resides on a
farm [See Domestic Animals, 3 O.C. 304.6].
D. Treatment of Animals. The Law sets out how animals are to be treated including requiring access to
food and water, setting the minimum standards for animal shelters, and prohibiting the mistreatment
of animals as well as requiring employees to report animal mistreatment to OPD [See Domestic
Animals, 3 O.C. 304.7].
E. Prohibited Animals. The Law prohibits exotic animals on the Reservation; the list of exotic animals
is found in Section 304.8-2 of this Law. A zoological park and/or sanctuary, educational or medical
institution and specially trained entertainment organizations receive a permit from the Oneida
Conservation Department can own, harbor or possess exotic animals. If an animal is seized because
of being a prohibited animal, the Oneida Conservation Department or its designee will hold the
animal in order to determine if the animal is an endangered species, costs for hold the animal may be
the responsibility of the defendant. If a prohibited animal is released or escapes, the owner must
immediately notify the Oneida Conservation Department and/or OPD and is liable for costs of
recapture. Anyone that unlawfully has a prohibited animal must forfeit or surrender the animal to the
Oneida Conservation Department or designee. Trial Court can direct the animal be destructed or
transferred to the appropriate handler. The defendant will be responsible for the costs [See Domestic
Animals, 3 O.C. 304.8].
F. Regulation of Livestock. Livestock can only be kept in residential zoned area if the Oneida Land
Commission issues a conditional use permit. The owner of the livestock is responsible for any
damage that occurred due to the livestock escaping from its confined area. In order to keep more than
four hens, the owner must receive a permit from the Oneida Conservation Department. Roosters are
not allowed [See Domestic Animals, 3 O.C. 304.9].
G. Dangerous Animals. Dangerous animals are animals that approach or chase humans or domestic
animals in a way that risks attack without provocation or animals that bite, inflict injury attack or
endanger humans or domestic animals without provocation. No person can harbor or keep dangerous
animals within the Reservation unless the animal is leashed and muzzled when it is out of its confined
area; when confined, the animal must be securely confined indoors or in a secured enclosed and
locked pen or kennel; that the owner display a sign warning of a dangerous animal; that the animal be
spayed or neutered; that the owner obtains liability insurance; the animal is micro-chipped; that the
owner keeps OPD notified if the animal is at large, attacked another animal or human and when the
animal died, was sold, or given away. In addition, ERB can waive any of the above mentioned
requirements, minus the ongoing notifications to OPD, if ERB deems it to be unnecessary. If the
owner does not comply with these regulations, the animal may be euthanized [See Domestic Animals,
3 O.C. 304.10-1 & 304.10-2].
No one can bring or keep a vicious animal on the Reservation. An OPD Officer, Oneida
Conservation Warden and/or the Trial Court can declare an animal to be a vicious animal if, among
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other things, the animal has killed a domestic animal or pet or inflicted substantial bodily injury to a
person without provocation, is suspected of being trained for dog fighting or has been declared to be a
prohibited dangerous animal in another jurisdiction. If an owner is found to have a vicious animal,
the owner must attend a mandatory Trial Court prehearing and at the prehearing it will be decided if
attendance at a hearing is required if restitution is appropriate. The OPD Officer or Conservation
Warden are responsible for enforcing to provisions set forth in this Law that pertain to vicious
animals. The prehearing and hearing requirements are found in section 304.10-3 (b) of this Law [See
Domestic Animals, 304.10-3].
The owner must notify OPD if their dog or cat bites another human or other domestic animal
and the responding officer or warden will 1) determine if the animal is properly licensed and is
current on vaccinations, 2) ensure all information is correct, 3) contact the Environmental, Health &
Safety Division, and 4) ensure the animal is vaccinated for rabies, if the animal is vaccinated for
rabies, the owner must be ordered to quarantine the animal and have a veterinarian test the animal for
rabies. If the animal is not vaccinated for rabies, the officer or warden will order the owner to
quarantine the animal and be examined by a veterinarian to check for rabies to be euthanized. The
quarantine can be extended by the veterinarian, if the veterinarian believes the animal is showing
signs of rabies, the animal may be euthanized [See Domestic Animals, 3 O.C. 304.10-4].
H. Owner Liability for Domestic Animals & Violations, Enforcement and Appeals. Owners are liable for
damages caused by their domestic animals [See Domestic Animals, 3 O.C. 304.11]. Citations for
violating this Law and/or orders may include fines, penalties and conditional and other orders. All
citations, orders and declarations issued pursuant to this Law must include a pre-hearing and if
necessary, a hearing to be scheduled within 90 days of the date of the prehearing [See Domestic
Animals, 3 O.C. 304.12].
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SECTION 7. ENFORCEMENT
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SECTION 8. ACCOUNTABILITY
A. These amendments do not conflict with other laws of the Nation.
A. OPD Officers and Conservation Wardens must enforce this Law. They have the authority to 1) seize
and animal, 2) issue citations, and 3) use force to stop an immediate threat to public safety caused by
an animal [Domestic Animals, 3 O.C. 304.5-1 (b)].
B. According to OPD, the current staffing level is sufficient to implement this Law; no additional staff is
required for implementation as OPD is currently handling these complaints.
A. The Environmental Health & Safety Division and ERB have delegated joint rulemaking authority to
establish and maintain a fine and fee schedule, a licensing schedule and other rules to enforce and
implement the Law. In addition, the Environmental Health & Safety Division, Emergency
Management Coordinator and Comprehensive Health Division have delegated joint rulemaking
authority to establish rules related to disease investigations and quarantines. Furthermore,
Environmental Health & Safety Division will make all decisions related to issuing a license in
accordance with this Law [See Domestic Animals, 3 O.C. 304.5-2 through 304.5-4].
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SECTION 9. OTHER CONSIDERATIONS
A. The LOC may want to consider the following:
1. Number of domestic animal licenses issued & Number of animal bites. According to Public
Health Sanitarian, there are 38 current up-to-date domestic animal licenses issued for 2017.
The Public Health Sanitarian also verified that there were 15 bites in 2015, 1 cat bite and 1
dog vs. dog; 15 bite reports in 2016, 1 dog vs. dog; and four bite reports so far in 2017.
2. Number of Citations and ERB hearings regarding Domestic Animal law violations. The
following table shows how many citations involving violations of the current Domestic
Animals Ordinance were issued from 2012 through 2016. In addition, the table identifies
how many hearings ERB held involving these citations as well as how many citation issues
resulted in stipulations and how many citations were paid after a hearing was scheduled but
prior to the hearing commencing [Information received from ERB].
Year # of Citations # of Hearings Held # of Stipulations
Paid before Hrg
2012
1
1
0
0
2013
2
1
1
0
2014
3
3
0
0
2015
10
8
2
0
2016
18
1
12
4
34
14
15
4
Total
B. Please refer to the fiscal impact statement for any financial concerns.
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Title 3. Health and Public Safety - Chapter 304
DOMESTIC ANIMALS
K@tse>na Olihw@=ke
matters concerning the pet animals
304.1. Purpose and Policy
304.2. Adoption, Amendment, Conflicts
304.3. Definitions
304.4. Jurisdiction
304.5. Licensing, Authority, Investigation, Responsibilities and
Enforcement Powers
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304.6. Requirements for Dogs and Cats
304.7. Treatment of Animals
304.8. Prohibited Animals
304.9. Regulation of Livestock
304.10. Dangerous Animals and Vicious Animals
304.11. Violations, Enforcement and Appeals
304.1.
Purpose and Policy
304.1-1. Purpose. The purpose of this law is to:
(a) protect the health, safety, and welfare of the community by requiring certain basic
measures to prevent the spread of disease carried by domestic animals;
(b) set minimum standards for the treatment of animals;
(c) prohibit certain species of animals from being brought onto the Reservation;
(d) regulate the keeping of livestock on lots zoned residential within the Reservation; and
(e) establish consequences for damages caused by domestic animals.
304.1-2. Policy. It is the policy of the Nation to protect the health, safety, and welfare of the
community by:
(a) requiring certain basic measures to prevent the spread of disease carried by domestic
animals;
(b) establishing requirements for licensing domestic animals, and
(c) regulating the types of animals may be kept as domestic animals.
304.2.
Adoption, Amendment, Repeal
304.2-1. This law was adopted by Oneida Business Committee by resolution BC-03-13-96-B
and amended by resolutions BC-06-22-11-G and ________________.
304.2-2. This law may be amended or repealed by the Oneida Business Committee and/or
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
304.2-3. Should a provision of this law or the application thereof to any person or
circumstances be held as invalid, such invalidity does not affect other provisions of this law
which are considered to have legal force without the invalid portions.
304.2-4. 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.
304.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.
304.3.
Definitions
304.3-1. This section governs the definitions of words and phrases used within this law. All
words not defined herein are to be used in their ordinary and everyday sense.
(a) “District Quarantine” means a rabid or otherwise diseased Domestic Animal is
suspected or known to be within a discernible area and all such animals reasonably
suspected of being infected are subject to enforced isolation for a period of time to limit
or prevent the spread of disease or infection and during which time said animals are
tested for diseases, including rabies.
(b) “Domestic animals” means dogs, cats, ferrets, rabbits, guinea pigs, turtles, birds,
pigeons, hamsters, non-venomous reptiles, amphibians, and arachnids, and all other
animals commonly owned as household pets, provided that domestic animals specifically
excludes exotic animals as identified in section 304.8-2.
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(c) “Fine” means a monetary punishment issued to a person violating this law and/or the
rules created pursuant to this law.
(d) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
(d) “Livestock” means any equine (i.e. horse, donkey, etc.), bovine (i.e. cow, steer,
heifer, etc.), sheep, goat, pig, or domestic fowl, including game fowl raised in captivity.
(e) “Nation” means the Oneida Nation.
(f) “Owner” means any person who owns, harbors, keeps, controls or acts as a caretaker
for an animal. Absent evidence of alternative adult ownership, this law presumes that
domestic animals are owned by the adult homeowner or renter.
(g) “Penalty” means a punishment, other than a fine, imposed on a person violating this
law and/or the rules created pursuant to this law and may include, but is not limited to,
the confiscation of wildlife with return of the same at the discretion of the Judiciary and
restitution.
(h) “Reservation” means all the property within the exterior boundaries of the
Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida
7 Stat. 566, and any lands added thereto pursuant to federal law.
(i) “Quarantine” means the act of keeping an animal in enforced isolation for a period of
time to limit or prevent the spread of disease or infection and during which time said
animal is tested for diseases, including rabies.
(j) “Tribal member” means an enrolled member of the Nation.
304.4.
Jurisdiction
304.4-1. Personal Jurisdiction. This law applies to:
(a) All Tribal members; the Nation’s entities and corporations; and members of other
federally-recognized tribes.
(b) Individuals and businesses leasing, occupying or otherwise using fee land owned by
the Nation or by individual Tribal members; and/or lands held in trust on behalf of the
Nation or individual Tribal members.
(c) Individuals who have consented to the jurisdiction of the Nation or as otherwise
consistent with federal law. For the purposes of this subsection, an individual shall be
considered to have consented to the jurisdiction of the Nation:
(1) By entering into a consensual relationship with the Nation, or with the
Nation’s entities, corporations, or Tribal members, including but not limited to
contracts or other agreements; or
(2) By other facts which manifest an intent to consent to the authority of the
Nation, including failure to raise an objection to the exercise of personal
jurisdiction in a timely manner.
304.4-2. Territorial Jurisdiction. This law extends within the Reservation to all land owned by
the Nation and individual Tribal member trust and/or fee land.
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304.5.
Authority
304.5-1. Oneida Police Department. Oneida Police Officers and Conservation Wardens shall:
(a) investigate complaints involving domestic animals;
(b) enforce the provisions of this law through appropriate means, including but not
limited to:
(1) seizing any animal:
(A) taken, employed, used, or possessed in violation of this law; and/or
(B) mistreated, rabid or otherwise in danger or dangerous.
(2) issuing citations consistent with the fine and penalty developed according to
section 304.5-2.
(3) using force, up to and including lethal force, to stop an immediate threat to
public safety caused by an animal. Where lethal force is used, such execution
shall be conducted in as humane manner as possible and, to the extent feasible,
avoids damage to the animal’s head.
304.5-2. General Rulemaking Authority. The Environmental Health and Safety Division and
the Environmental Resource Board are hereby delegated joint rulemaking authority to establish
and maintain:
(a) A fine and penalty schedule;
(b) A licensing fee schedule; and
(c) Other rules as necessary to enforce and implement this law.
304.5-3. Disease Investigation and Quarantine Rulemaking Authority. The Environmental
Health and Safety Division, the Emergency Management Coordinator and Comprehensive
Health Division are hereby delegated joint rulemaking authority to establish rules related to
disease investigations and quarantines.
304.5-4. Issuance of Licenses. The Environmental Health and Safety Division shall make all
decisions related to the issuance of a license in accordance with this law.
304.6.
Requirements for Dogs and Cats
304.6-1. License Required. An annual license is required to keep any dog or cat over five (5)
months of age.
(a) The license year commences on January 1st and ends December 31st. To be eligible
for a license, the owner shall provide the licensing fee and proof of current rabies
vaccination.
(b) The owner shall securely attach the tag to the animal’s collar and shall require the
animal wear the collar at all times, provided that this requirement does not apply to dogs
or cats:
(1) hunting or actively involved in herding or controlling livestock if the animal is
under control of its owner;
(2) within the owner’s residence and/or securely confined in a fenced area; and/or
(3) being shown during a competition.
304.6-2. Rabies Vaccinations Required. Rabies vaccination is required for any dog or cat five
(5) months of age or older.
3 O.C. 304 – Page 3
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304.6-3. District Quarantine. A district quarantine may be initiated in accordance with the
quarantine rules and may be initiated by staff designated by the Environmental Health and Safety
Division, an Oneida Police Officer, an Oneida Conservation Warden and/or a Public Health
Officer.
(a) If an area is subject to a District Quarantine for rabies, all dogs and cats within the
district shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not
confined, tied, leashed or muzzled is a public nuisance and may be impounded. All
Oneida Police Officers and Oneida Conservation Wardens shall cooperate in the
enforcement of the Quarantine.
(b) An animal that is immunized against rabies as evidenced by a valid certificate of
rabies vaccination or other evidence is exempt from the district quarantine provisions of
this section.
304.6-4. Dogs and Cats Running at Large. It is unlawful for any dog or cat owner to permit the
animal to be at any place except upon the premises of the owner, unless it is crated, penned, or
on a leash under the control of a person physically able to control the animal. In addition, a
nuisance dog or cat may be picked up by Oneida Police Officers or Oneida Conservation
Wardens. For the purposes of this law, a nuisance dog or cat is one whose actions result in two
(2) or more verified disturbances due to excessive barking and/or running loose or one (1) or
more verified disturbance due to threatening behavior by a loose dog or cat.
(a) Stray dogs and cats shall be referred to the Oneida Police Department or Oneida
Conservation Department.
(b) Whenever any Oneida Police Officer, Oneida Conservation Warden, or other person
designated by the Chief of Police finds any dog or cat running at large, the officer/warden
shall, if possible, pick up, and impound such animal.
(c) Whenever any impounded animal bears an identification mark, such as a collar with
identification tags or license tag, the owner shall be notified as soon as reasonably
possible.
304.6-5. Limit on Number of Dogs and Cats. Except as provided in (a), no more than three (3)
dogs or three (3) cats; and a total of no more than five (5) dogs and cats combined; may be kept
or possessed by a single residential household. For the purposes of this law, each residential lot,
excluding residential lots designed as multi-family lots, constitutes a separate residential
household. In cases of multi-family lots, each family unit within the lot constitutes a separate
household.
(a) Exception. The limit on the number of dogs and cats a person may keep or possess
does not apply to those persons who:
(1) are eligible for any grandfather provisions included this law’s adopting
resolution(s);
(2) keep or possess a litter of pups or kittens or a portion of a litter for a period
not exceeding five (5) months from birth; and/or
(3) reside on a farm.
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304.7.
Treatment of Animals
304.7-1. Food and Water. No owner may refuse or neglect to provide an animal with a daily
supply of food and water sufficient to maintain the animal in good health.
304.7-2. Shelter.
(a) Minimum indoor standards of shelter:
(1) The ambient temperature shall be compatible with the health of the animal.
(2) Indoor housing facilities shall be adequately ventilated by natural or
mechanical means to provide for the health of the animals at all times.
(b) Minimum outdoor standards of shelter:
(1) Shelter from Sunlight. When sunlight is likely to cause heat exhaustion of an
animal tied or caged outside, sufficient shade by natural or artificial means shall
be provided to protect the animal from direct sunlight. “Caged” does not include
farm fencing used to confine farm animals.
(2) Natural or artificial shelter appropriate to the local climatic conditions for the
species concerned shall be provided as necessary for the health of the animal.
(3) If a dog is tied or confined unattended outdoors under weather conditions
which adversely affect the health of the dog, a weather appropriate shelter of
suitable size to accommodate the dog shall be provided.
(c) Space Standards. Minimum space requirements for both indoor and outdoor
enclosures:
(1) The housing facilities shall be structurally sound and maintained in good
repair to protect the animals from injury and to contain the animals.
(2) Enclosures shall be constructed and maintained so as to provide sufficient
space to allow each animal adequate freedom of movement. Inadequate space
may be indicated by evidence of debility, stress or abnormal behavior patterns.
Specifically, dog kennels shall meet the following space requirements where, if
there are multiple dogs in the same kennel, the base kennel space requirement is
based on the size of the largest dog and the additional kennel space requirements
are based on the size of each additional dog kept in the kennel:
DOG SIZE (LBS)
REQUIRED BASE KENNEL
SPACE
REQUIRED ADDITIONAL
KENNEL SPACE PER
ADDITIONAL DOG
1-35 lbs
36-75 lbs
76 lbs or more
80 Sq. Ft.
100 Sq. Ft.
120 Sq. Ft.
12 Sq. Ft.
18 Sq. Ft.
24 Sq. Ft.
(d) Sanitation Standards. Minimum standards of sanitation for both indoor and outdoor
enclosures require excreta to be removed within twenty-four (24) hours of its deposit. In
the case of farm animals, nothing in this section shall be construed as imposing shelter
requirements or standards more stringent than normally accepted husbandry practices.
304.7-3. Mistreatment of Animals. No person may treat any animal in a manner which causes
harm, injury or death. This section does not apply to:
(a) normal and accepted veterinary and/or care practices; or
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(b) teaching, research or experimentation conducted at a facility regulated under federal
or applicable state law.
304.7-4. Criminal Reporting. In addition to taking civil action under this law, any employee of
the Nation shall report animal mistreatment to the Oneida Police Department.
304.8.
Prohibited Animals
304.8-1. Prohibited Animals. No person may bring into, keep, harbor, maintain, offer for sale
or barter, act as a custodian, have custody or control of, or release to the wild on the Reservation
an exotic animal.
304.8-2. Exotic Animals. The following orders and families, whether bred in the wild or in
captivity, and any or all hybrids are defined as “Exotic Animals”. The animals listed in
parentheses are intended to act as examples and are not to be construed as an exhaustive list or
limit the generality of each group of animals, unless otherwise specified:
(a) Class Mammalia.
(1) Order Chiroptera (Any bat species)
(2) Order Artiodactyla, (Hippopotamuses, giraffes, camels, deer) Excluding
domestic cattle, swine, sheep, goats, alpaca, and llama.
(3) Order Carnivora.
(A) Family Felidae. (Lions, tigers, cougars, leopards, ocelots, servals)
Excluding domestic cats.
(B) Family Canidae (Wolves, wolf hybrids, coyotes, coyote hybrids, foxes,
jackals) Excluding domestic dogs.
(C) Family Ursidae. (All bears)
(D) Family Mustelidae. (Weasels, skunks, martins, minks) Excluding
ferrets.
(E) Family Procyonidae. (Raccoons, coatis)
(F) Family Hyaenidae. (Hyenas)
(G) Family Viverridae (Civets, genets, mongooses)
(4) Order Edentatia. (Anteaters, armadillos, sloths)
(5) Order Marsupialia. (Opossums, kangaroos, wallabies, sugar gliders)
(6) Order Perissodactyla. (Rhinoceroses, tapirs) Excluding horses, goats, and
mules.
(7) Order Primates. (Lemurs, monkeys, chimpanzees, gorillas)
(8) Order Proboscidae. (Elephants)
(9) Order Rodentia. (Squirrels, beavers, porcupines, prairie dogs) Excluding
guinea pigs, rats, mice, gerbils, and hamsters.
(b) Class Reptilia.
(1) Order Squamata.
(A) Family Helodermatidae. (Gila Monsters and Mexican beaded lizards)
(B) Family Varaidae. (Any monitor which will normally grow over two
feet in length)
(C) Family Iguanaidae. (Only green iguanas and rock iguanas, all others
allowed)
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(D) Family Boidae. (All species whose adult length may exceed eight (8)
feet)
(E) Family Colubridae. (Boomslangs and African twig snakes)
(F) Family Elapidae. (Coral snakes, cobras, mambas)
(G) Family Nactricidae. (Only keelback snakes, all others allowed)
(H) Family Viperidae. (Copperheads, cottonmouths, rattlesnakes)
(2) Order Crocodilia. (Crocodiles, alligators, caimans, gavials)
(c) Class Aves.
(1) Order Falconiformes. (Eagles, hawks, vultures)
(2) Order Rheiformes. (Rheas)
(3) Order Struthioniformes. (Ostriches)
(4) Order Casuariiformes. (Cassowaries and emus)
(5) Order Strigiformes. (Owls)
(d) Class Arachnida.
(1) Order Scorpiones, Family Buthidae.
(A) Arabian fat-tailed scorpion – Androctonus crassicauda
(B) Arizona centruroides scorpion – Centruroides exilicauda
(C) Death stalker – Leiurus quinquestriatus
(D) Egyptian yellow scorpion – Androctonus Amoreuxi
(E) Israeli black scorpion – Hottentotta judaicus
(F) S.A. giant fat-tailed scorpion – Parabuthus transvaalicus
(G) Sinai desert scorpion – Androctonus bicolor
(H) Yellow desert scorpion – Androctonus Australia
(2) Order Araneae, Family Theridadae.
(A) Argentina red widow spider – Latrodetus coralinus
(B) Brown widow spider – Latrodectus geometicus
(C) Red-black widow – Lactrodectus hasselti
(D) Red widow spider – Lactrodectus bishop
(E) Southern black widow spider – Lactrodectus mactans
(F) Western widow – Lactrodectus Hesperus
(3) Order Araneae, Family Laxoscelidae, Brown recluse spider – Loxosceles
reclusa
(e) Class Chilopoda.
(1) Order Scolopendromorpha, Family Scolopendridae.
(A) Amazon giant banded centipede – Scolopendra giganea
(B) Arizona tiger centipede – Scolopendra virdis
(C) Florida keys centipede – Solopendra alternans
(f) Any Federal or State endangered or threatened species.
304.8-3. This section does not apply to:
(a) Individuals who are eligible for any grandfather provisions included this law’s
adopting resolution(s).(b)
Zoological parks and/or sanctuary, educational or medical
institution, and specially trained entertainment organizations who receive a permit from
the Oneida Conservation Department to own, harbor or possess the animals.
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(1) The Environmental Health and Safety Division may issue a permit under this
section if:
(A) the animals and animal quarters are kept in a clean and sanitary
condition and maintained to eliminate objectionable odors; and
(B) the animals are maintained in quarters so constructed as to prevent
their escape.
(2) If approved by the Oneida Conservation Department, wildlife
refuges/sanctuaries may release animals within the Reservation without applying
for and receiving a permit as otherwise required under this Section.
304.8-4. Seized Animals. Any animal seized as a prohibited animal shall be held by the Oneida
Conservation Department or its designee until that animal is identified to ascertain whether the
animal is an “endangered or threatened species” pursuant applicable laws. At any time after such
identification, the Oneida Conservation Department may seek an order from a hearing body as to
the care, custody and control of the animal. The Oneida Conservation Department may also
request the defendant to post a bond in an amount sufficient to satisfy the costs of holding,
housing and/or caring for the animal. If the hearing body finds the animal has been taken,
employed, used or possessed in violation of this section, the cost of holding the animal and any
costs incurred in identifying the animals shall be assessed against the defendant.
304.8-5. Notice of Release or Escape. If an animal identified as prohibited under this section is
released or escapes, the owner of the animal shall immediately notify the Oneida Conservation
Department and/or the Oneida Police Department and shall be liable for any cost of recapture.
304.8-6. Forfeiture of the Prohibited Animal. Anyone found in violation of this section shall
forfeit or surrender the prohibited animal to the Oneida Conservation Department or designee.
Upon such forfeiture or surrender, the Judiciary Trial Court may direct destruction or transfer of
the animal to a qualified zoological, educational or scientific institution or qualified private
propagator for safekeeping, with costs assessed against the defendant.
304.9.
Regulation of Livestock
304.9-1. Livestock may only be kept on land zoned residential if a conditional use permit is
received from the Oneida Land Commission, however, not in excess of the following limitations:
(a) One (1) large animal per one (1) acre. Examples of large animals include, but are not
limited to horses, cows and pigs.
(b) One (1) small animal per one-half (½) acre. Examples of small animals include, but
are not limited to goats and sheep.
(c) One (1) goat or sheep per recorded lot under one-half (½) acre when setback
requirements can be met.
304.9-2. Liability for Damage Caused by Livestock. Any person whose livestock escapes from
its normal confined area and becomes at large is responsible for any and all damage to persons
and property caused by such livestock while it is away from its normal confined area.
304.9-3. Hens. A permit from the Oneida Conservation Department, based on the rules it shall
develop, is required in order to keep an excess of four (4) hens. Roosters may not be kept.
(a) Persons keeping hens shall keep them in the following manner:
(1) No person may keep a hen over eight (8) weeks of age in a principal structure.
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(2) Hens shall be kept within a structure such as a coop or fenced area used
exclusively to keep hens and shall provide at least four (4) square feet per
chicken.
(3) No accessory structure used to keep hens may be located within twenty-five
feet (25’) of any principal structure which is not owned by the person licensed to
possess the hens.
(4) No accessory structure used to keep hens may be located in a front or side
yard.
(b) In addition to compliance with the requirements of this section, no person may keep
hens that cause any other nuisance associated with unhealthy condition, create a public
health threat or otherwise interfere with the normal use of property or enjoyment of life
by humans or animals.
304.10. Dangerous Animals
304.10-1. Classifying Dangerous Animals. Owners of animals meeting the definition of a
dangerous animal shall comply with the requirements contained in section 304.10-2 for
harboring dangerous animals.
(a) For the purposes of this law, an animal is presumed to be dangerous if it:
(1) approaches or chases a human being or domestic animal in a menacing fashion
or apparent attitude of attack, without provocation; or
(2) bites, inflicts injury, attacks, or otherwise endangers the safety of a human
being or domestic animal without provocation.
(b) An animal may not be deemed a dangerous animal if it bites, attacked or menaces any
person or animal to:
(1) defend its owner or another person from an attack by a person or animal;
(2) protect its young or another animal;
(3) defend itself against any person or animal which has tormented, assaulted or
abused it; and/or
(4) defend its owner’s property against trespassers.
(c) An Oneida Police Officer or Oneida Conservation Warden may, in his or her
discretion, declare an animal dangerous, provided that, a citation for a violation of this
section may be issued without having previously received such a declaration.
(d) An owner of an animal declared to be dangerous may appeal such declaration in
accordance with section 304.12-2. All requirements for harboring dangerous animals in
section 304.10-2 except subsections (d)-(f) apply to the animal pending the outcome of
the hearing unless specifically stayed by the Judiciary.
304.10-2. Harboring Dangerous Animals. No person may harbor or keep a dangerous animal
within the Reservation unless all provisions of this section are complied with. Any animal that is
determined to be a vicious animal in accordance with section 304.10-3 may not, under any
circumstances, be kept or harbored within the Reservation.
(a) Leash and Muzzle. No person keeping or possessing a dangerous animal may permit
such animal to go outside its kennel or pen unless the animal is securely leashed with a
leash no longer than four feet (4’) in length.
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(1) No person may permit a dangerous animal to be kept on a chain, rope or other
type of leash outside its kennel or pen unless a person who is sixteen (16) years of
age or older, competent to govern the animal and capable of physically
controlling and restraining the animal is in physical control of the leash.
(2) The animal may not be leashed to inanimate objects such as trees, posts and
buildings.
(3) A dangerous animal on a leash outside the animal’s kennel must be muzzled
in a humane way by a muzzling device sufficient to prevent the animal from
biting persons or other animals. The Environmental Health and Safety Division,
with approval of the Environmental Resource Board, may provide a written
exception excusing an otherwise dangerous animal from being muzzled. If such a
written exception is issued, it shall be carried by the animal’s owner at all times.
(b) Confinement. Except when leashed and muzzled as provided in subsection (a) above,
all dangerous animals shall be securely confined indoors or in a securely enclosed and
locked pen or kennel that is located on the premises of the owner and constructed in a
manner that does not allow the animal to exit the pen or kennel on its own volition.
(1) Confinement Outdoors. When constructed in an open yard, the pen or kennel
shall, at a minimum, be constructed to conform to the requirements of this
subsection.
(A) The pen or kennel shall be child-proof from the outside and animalproof from the inside.
(B) A strong metal double fence with adequate space between fences (at
least two feet (2’) shall be provided so that a child cannot reach into the
animal enclosure.
(C) The pen, kennel or structure shall have secure sides and a secure top
attached to all sides.
(D) A structure used to confine a dangerous animal shall be locked with a
key or combination lock when the animal is within the structure.
(E) The structure shall either have a secure bottom or floor attached to the
sides of the pen or the sides of the pen shall be embedded in the ground no
less than two feet (2’)
(F) All structures erected to house dangerous animals shall comply with
the requirements of all applicable laws and rules of the Nation.
(G) All structures shall be adequately lighted and ventilated and kept in a
clean and sanitary condition.
(2) Confinement Indoors. No dangerous animal may be kept on a porch, patio or
in any part of a house or structure on the premises of the owner that would allow
the animal to exit the building on its own volition. No dangerous animal may be
kept in a house or structure when the windows are open or when screen windows
or screen doors are the only obstacle preventing the animal from exiting the
structure.
(c) Signs. The owner of a dangerous animal shall display, in prominent places on his or
her premises near all entrances to the premises, signs in letters of not less than two
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inches (2”) high warning that there is a dangerous animal on the property. A similar sign
is required to be posted on the kennel or pen of the animal. In addition, the owner shall
conspicuously display a sign with a symbol warning children of the presence of a
dangerous animal.
(d) Spay and Neuter Requirement. If declared dangerous by an Oneida Police Officer or
Oneida Conservation Officer, the owner shall within thirty (30) days after the declaration
shall provide the Environmental Resource Board with written proof from a licensed
veterinarian that the animal has been spayed or neutered.
(e) Liability Insurance. If declared dangerous by an Oneida Police Officer or Oneida
Conservation Officer, the owner of the dangerous animal shall present proof to the
Environmental Resource Board that the owner has procured liability insurance in an
amount not less than $1,000,000 for any personal injuries inflicted by the dangerous
animal. Whenever such a policy is cancelled or not renewed, the insurer shall so notify
the Environmental Resource Board.
(f) Microchipping. If declared dangerous by an Oneida Police Officer or Oneida
Conservation Officer, the owner of the dangerous animal shall provide proof to the
Environmental Resource Board that the dangerous animal has had a microchip inserted
for identification purposes within ten (10) calendars from the date the animal is declared
dangerous.
(g) Ongoing Notification Requirements. After an animal has been declared dangerous, the
owner shall have an ongoing duty to notify the Oneida Police Department:
(1) immediately if the dangerous animal is at large, is unconfined, has
attacked another animal or has attacked a human being; and
(2) within twenty-four (24) hours if a dangerous animal has died, been sold or
been given away. If the dangerous animal has been sold or given away, the
owner shall also provide the name, address and telephone number of the new
owner of the dangerous animal. If the dangerous animal is sold or given away
to a person residing outside the Reservation or to a person or entity that falls
outside of the jurisdiction of this law, the owner shall present evidence to the
Oneida Police Department showing that he or she has notified the police
department or other law enforcement agency of the animal's new residence,
including the name, address and telephone number of the new owner. The
Oneida Police Department shall forward all such notifications to the
Environmental Resource Board within a reasonable amount of time.
(h) Waiver by the Environmental Resource Board. Upon request of an owner, the
Environmental Resource Board may waive any requirement specified in subsections (a)(f) that the Environmental Resource Board deems to be unnecessary for a particular
dangerous animal. The Environmental Resource Board may waive the provisions of
subsections (a)-(f) for a law enforcement or military animal upon presentation by the
animal's owner or handler of a satisfactory arrangement for safe keeping of the animal.
(i) Euthanasia. If the owner of an animal that has been designated a dangerous animal is
unwilling or unable to comply with the regulations for keeping the animal in accordance
with this section, he or she may have the animal humanely euthanized by an animal
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shelter, the humane society or a licensed veterinarian.
304.10-3. Vicious Animals. No person may bring or keep within the Reservation any animal that
is a vicious animal under this section.
(a) Declaration of Vicious Animal. An Oneida Police Officer, Oneida Conservation
Warden and/or the Judiciary Trial Court may declare an animal to be a vicious animal if
the animal:
(1) Is a dangerous animal in noncompliance with the requirements under Section
304.10-2;
(2) Has killed a domestic animal or pet without provocation on public or private
property;
(3) Without provocation, has inflicted substantial bodily harm on a person on
public or private property where substantial bodily harm means bodily injury that
causes a laceration that requires stiches, any fracture of a bone, a concussion, a
loss or fracture of a tooth or any temporary loss of consciousness, sight or
hearing;
(4) Is suspected to be owned, trained or harbored for the purpose of dog fighting;
and/or
(5) Has been declared to be a vicious animal and/or ordered to be destroyed in
any other jurisdiction.
(b) Mandatory Hearing. The owner of an animal declared to be a vicious animal shall
attend a mandatory pre-hearing with the Judiciary Trial Court, the date for which shall be
included on the declaration of vicious animal. At the pre-hearing it may be determined
that mandatory attendance at Judiciary Trial Court hearing is also required if restitution is
appropriate. The pre-hearing and any hearings are subject to the requirements contained
in section 304.12-2.
(1) All requirements for harboring dangerous animals in section 304.10-2 except
subsections (d)-(f) apply to the said animal pending the outcome of the Judiciary
Trial Court’s pre-hearing and/or hearing.
(2) At the pre-hearing, the Judiciary Trial Court may require the animal to be
impounded pending the result of the hearing.
(3) The Judiciary Trial Court may order a vicious animal to be destroyed if it
finds it was so declared based on section 304.10-3(a)(3). If such an order is
issued, the Judiciary Trial Court shall require the owner submit proof of
destruction within five (5) business days from a licensed veterinarian. If the
owner does not satisfy these requirements, an Oneida Police Officer and/or an
Oneida Conservation Warden shall seize the animal and enforce compliance at the
cost of the owner.
(4) If the declaration of vicious animal is upheld upon appeal, the Judiciary Trial
Court shall order the animal to be removed from the Reservation. Such order
shall include the notification requirements contained in section 304.10-2(g) and
provide the owner with a reasonable timeframe for removing the animal from the
Reservation, provided that the timeframe may not exceed thirty (30) days after the
date of the Judiciary Trial Court’s decision.
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(5) If the owner further appeals the determination of the Judiciary Trial Court to
the Judiciary Court of Appeals, he or she shall submit the appeal within five (5)
business days from the date of the Judiciary Trial Court’s decisions, which is a
shorter timeframe than required for all other appeals under this law. Upon an
appeal to the Judiciary Court of Appeals, the requirement to order to remove the
animal from the Reservation or any order to destroy an animal is stayed pending
the outcome of the appeal.
(c) Enforcement. An Oneida Police Officer or Oneida Conservation Warden may make
any inquiries deemed necessary to ensure compliance with this section and may seize an
animal based on the owner’s failure to comply.
(d) Waiver. The Judiciary may waive the provisions of this section for a law
enforcement or military animal upon presentation by the animal's owner or handler of a
satisfactory arrangement for safe keeping of the animal.
304.10-4. Investigations for Suspected Domestic Animal Bites. The owner shall notify the
Oneida Police Department in the event the owner’s cat or dog bites a human or another domestic
animal.
(a) The responding Oneida Police Officer or Oneida Conservation Warden shall:
(1) Ascertain whether the domestic animal is properly licensed and has current
vaccinations.
(2) Ensure all information provided is correct.
(3) Contact the Environmental, Health and Safety Division to notify them of the
domestic animal bite.
(4) If the cat or dog has current rabies vaccinations, order the owner to:
(A) Quarantine the animal for ten (10) days; and
(B) Present the animal for examination by a veterinarian within twentyfour (24) hours of the bite, on the last day of quarantine and on one (1) day
in between the first twenty-four (24) hours and the tenth (10th) day.
(5) If the cat or dog does not have current rabies vaccination, order the owner to:
(A) Quarantine the animal for ten (10) days or deliver the animal to an
isolation facility at the owner’s expense. If a home quarantine is ordered,
the owner shall present the domestic animal for examination by a
veterinarian within twenty-four (24) hours of the bite, on the last day of
quarantine and on one (1) day in between the first twenty-four (24) hours
and the tenth (10th) day; or
(B) Euthanize the animal and send the specimen for analysis at the
owner’s expense, if the animal has exhibited any signs of rabies.
(b) Upon expiration of a quarantine period, a veterinarian may extend the quarantine
period. Upon expiration of all quarantine periods, if the veterinarian certifies that the
animal has not exhibited any signs of rabies, the animal may be released from quarantine.
(c) If the veterinarian certifies that the animal has exhibited any signs of rabies the
following shall occur:
(1) If the animal has current rabies vaccinations, the Oneida Police Officer or
Oneida Conservation Warden may order the animal to be euthanized and send the
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specimen for analysis, to be paid for by the Nation.
(2) If the animal does not have current rabies vaccinations, the Oneida Police
Officer or Oneida Conservation Warden may order the animal to be euthanized
and send the specimen for analysis at the owner’s expense.
304.11. Owner Liability for Domestic Animals
304.11-1. Owners are liable for damages caused by their domestic animal(s).
(a) First Offense. The owner is liable for the full amount of damages caused by the
domestic animal.
(b) Subsequent Offenses. The owner shall be liable for two (2) times the full amount of
damages caused by the domestic animal if the owner knew or should have known that the
domestic animal previously caused damages.
304.12. Violations, Enforcement and Appeals
304.12-1. Citations. Citations for the violation of this law and/or orders issued pursuant to this
law may include fines, penalties and conditional and other orders in accordance with the
schedule developed under section 304.5-2. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
(a) Any order issued pursuant to this law that is not complied with may be physically
enforced by Oneida Police Officers or Oneida Conservation Wardens at the Owner’s
expense.
(b) The Oneida Police Department, by means of Oneida Police Officers and Oneida
Conservation Wardens, is authorized to take any appropriate action to prevent or remove
a violation of this Law.
304.12-2. Hearing and Appeals of Contested Actions. All citations, orders and declarations
issued pursuant to this law shall include a pre-hearing date with the Judiciary Trial Court which
shall be set for the next scheduled monthly prehearing date that is at least thirty (30) days after
the citation was issued. Persons wishing to contest a citation shall appear at the prehearing, at
which time the Judiciary Trial Court shall accept pleas which either contest or admit committing
the act for which the citation was issued. The Judiciary shall schedule a hearing as expeditiously
as possible, provided that it shall be scheduled within ninety (90) days of the date of the
prehearing, for all persons entering a plea contesting the fact that they committed the act for
which a citation was issued. In addition to scheduling requested hearings, the Judiciary may also
make conditional orders at the prehearing which are effective until the matter is resolved.
(a) Community Service. Community service may be substituted for monetary fines at the
Judiciary’s discretion, provided that, if so substituted, the Judiciary shall use the rate of
one (1) hour per ten dollars ($10) of the fine.
(b) Allocation of Citation Revenue. All citations shall be paid to the Environmental
Resource Board or its designee, the proceeds of which shall be contributed to General
Fund.
(c) Appealing the Decision of the Judiciary Trial Court. Any person wishing to contest
the determination of the Judiciary Trial Court may appeal to the Judiciary Court of
Appeals in accordance with the Rules of Appellate Procedure.
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(d) Pursuing Payment of a Citation. The Environmental Resource Board may pursue
payment from parties who have failed to make the required payments through the
garnishment process contained in the Garnishment law and/or by attaching the judgment
to Tribal member’s per capita payment pursuant to the Per Capita law.
End.
Adopted - BC-3-13-96-B
Amended – BC-06-22-11-G
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FINANCE ADMINISTRATION
Fiscal Impact Statement
MEMORANDUM
DATE:
June 7, 2017
FROM:
Rae Skenandore, Project Manager
TO:
Larry Barton, Chief Financial Officer
Ralinda Ninham-Lamberies, Assistant Chief Financial Officer
RE:
Fiscal Impact of the transfer of the Environmental Resource Board’s
Hearing Authority to the Oneida Judiciary
I.
Estimated Fiscal Impact Summary
Law: Domestic Animal
Draft 19
Hunting, Fishing and Trapping law (HTF)
Draft 2
Public Use of Tribal Land (Public Use)
Draft 1
Tribal Environmental Response (TERP)
Draft 1
Well Abandonment Law (Well Abandonment)
Draft 1
All-Terrain Vehicle Law (ATV)
Draft 1
Water Resources Ordinance (Water Resources)
Draft 1
On-Site Waste Disposal Ordinance (Waste Disposal)
Draft 1
Oneida Police Department (OPD)
Conservation
Environmental Resource Board (ERB)
Emergency Management
Implementing Agency
Environmental Health and Safety Division
Comprehensive Health Division
Oneida Judiciary
January 1, 2018
Estimated time to comply
Estimated Impact
Current Fiscal Year
10 Year Estimate
ERB stipend savings $830
$8,300
Total Estimated Savings $830
$8,300
Revenue and cost considerations Fee Schedules should be removed from the various Laws
Uncertainties and Unknowns None
1
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II.
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Background
A.
Legislative History
The Oneida Business Committee created the Environmental Resource Board
through Resolution BC-02-22-85-B. GTC Resolution 01-07-13-B established the
Oneida Judiciary.
B.
Summary of Content
1.
The Domestic Animal amendments are being processed separately in
order to make further revisions. However, it is included here because there are no
additional fiscal impacts due to the amendments.
2.
All Laws are being amended to state that the Trial Court is the entity
authorized to conduct hearings.
3.
Other minor changes, including formatting, have been made to these Laws
to comply with drafting style. These changes do not affect the content of these
Laws.
C.
Methodology and Assumptions
1.
A “Fiscal Impact Statement” means an estimate of the total identifiable
fiscal year financial effects associated with legislation and includes startup costs,
personnel, office, documentation costs, as well as an estimate of the amount of
time necessary for an agency to comply with the Law after implementation.
2.
Finance does NOT identify the source of funding for the estimated cost or
allocate any funds to the legislation.
3.
The analysis was completed based on the information provided as of the
date of this memo.
III.
Agency
The hearing authority will simply be transferred from ERB to the Judiciary. Historical
hearing stipends paid to the Board were $750 in 2017, $1,200 in 2016, and $700 in 2015.
Transferring the hearing authority to the Judiciary would result in an average savings of
approximately $830 annually. The Judiciary does not anticipate any additional costs as
this will simply be absorbed into their existing duties. ERB has stated that they expect
the transition of the hearing authority to be complete by January 1, 2018
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IV.
Financial Impact
Approximately $830 savings annually.
V.
Recommendation
Finance does not make a recommendation in regards to course of action in this matter.
Rather, it is the purpose of this report to disclose potential financial impact of an action,
so that the Oneida Business Committee and General Tribal Council has the information
with which to render a decision.
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
06 / 28 / 17
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:
Adoption Resolution: Adoption of the Vehicle Driver Certification and Fleet Management Law
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Memorandum
3. Legislative Analysis & draft
2. Statement of Effect
4. Fiscal Impact Statement
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, Council Member
Primary Requestor:
Jennifer Falck, Director, Legislative Reference Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Candice E. Skenandore, Legislative Analyst, Legislative Reference Office
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # ___________________
Adoption of the Vehicle Driver Certification and Fleet Management Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee adopted the Vehicle Driver Certification Policy by motion
on October 21, 1992 and amended that policy by resolution BC-09-09-98-A; and
WHEREAS,
the Oneida Business Committee adopted the Oneida Fleet Management Policy by
resolution BC-09-24-97-E; and
WHEREAS,
this proposed law would merge those two policies into a single Vehicle Driver
Certification and Fleet Management Law; and
WHEREAS,
instead of listing specific driving violations that could disqualify a person from being
vehicle driver certified; the law permits persons to be eligible for certification as long as
they have a valid driver’s license; with one exception: drug and alcohol driving violations
still carry a three-year suspension of driving privileges; and
WHEREAS,
a minimum mileage requirement is deleted and the Fleet Management department is
authorized to establish the minimum number of miles a business unit must drive a vehicle
each year in order to qualify for a permanently-assigned vehicle; and
WHEREAS,
new driver training requirements are added, whereby all persons certified to drive Tribal
vehicles must attend driver safety training every three years; and
WHEREAS,
throughout the law, additional changes are made to update the existing requirements,
and notification requirements are added; and
WHEREAS,
public meetings regarding this law were held on February 19, 2015 and June 5, 2017, in
accordance with the Legislative Procedures Act.
NOW THEREFORE BE IT RESOLVED, that the Vehicle Driver Certification and Fleet Management law is
hereby adopted.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Adoption of the Vehicle Driver Certification and Fleet Management law
Summary
This resolution adopts one new law which combines and replaces the existing Vehicle Driver
Certification policy and the Oneida Fleet Management policy. Various additional changes update
the current requirements found in those policies; including:
•
•
•
•
Instead of listing specific driving violations that could disqualify a person from being
vehicle driver certified; the law permits persons to be eligible for certification as long as
they have a valid driver’s license (with one exception—drug and alcohol driving
violations still carry a three-year suspension of driving privileges)
Deleting a minimum mileage requirement, instead allowing the Fleet Management
department to establish the minimum number of miles a business unit must drive a
vehicle each year in order to qualify for a permanently-assigned vehicle.
Adding new driver training requirements—all persons certified to drive Tribal vehicles
must attend driver safety training every three years.
Throughout the law, notification requirements are updated/added.
By: Taniquelle Thurner, Staff Attorney
Analysis by the Legislative Reference Office
This resolution adopts a new Vehicle Driver Certification and Fleet Management law,
which replaces two existing policies:
1. The Fleet Management Policy that was adopted by resolution BC-09-24-97-E; and
2. The Vehicle Driver Certification Policy that was adopted by motion on October 21, 1992
and amended by resolution BC-09-09-98-A.
Public meetings were held on February 19, 2015 and June 5, 2017 in accordance with the
Legislative Procedures Act.
In accordance with the Legislative Procedures Act, the effective date of these amendments
would be July 13, 2017, which would be ten (10) business days after the date the resolution is
adopted.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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Analysis to OBC Consideration Draft
2017 06 28
Vehicle Driver Certification and Fleet Management
Legislative Analysis
SECTION 1. BACKGROUND
REQUESTER:
SPONSOR:
DRAFTER:
ANALYST:
Risk Management
Jennifer Webster
Taniquelle Thurner
Candice E. Skenandore
To develop a new law which would replace the current Vehicle Driver
Intent of the
Certification and Fleet Management Policies, updating the requirements for
Amendments
both. The proposed Vehicle Driver Certification and Fleet Management
(Law) will govern the use of Tribal vehicles and the use of personal
vehicles while on Tribal business.
To establish standards that certify employees, officials and volunteers to
Purpose
drive a Tribal vehicle or drive a personal vehicle on Tribal business and
regulate the use of all vehicles owned and leased by the Nation [See
Vehicle Driver Certification & Fleet Management, 2 O.C. 210.1-1 (a) &
(b)].
Department of Public Works (DPW) including Fleet Management and
Affected Entities
Automotive Department, Risk Management, Human Resources
Department (HRD), Central Accounting Department, Environmental
Health & Safety Division, Supervisors, Employees, Officials including the
Judiciary, Volunteers, Oneida Business Committee (OBC), Individuals
who are transported as part of a program or service of the Nation as well as
those authorized by OBC motion to travel, Employee Assistance Program
(EAP), local law enforcement.
Business Committee Vehicle Policy, Travel and Expense Policy, Vehicle
Affected
Driver Certification Policy, Vehicle Fleet Management Policy.
Legislation
Enforcement/Due Any driver that violates this Law can have his/her driver certification
suspended and/or driving privileges. Suspension of a vehicle driver
Process
certification and/or driving privileges can only be appealed if an employee
receives an adverse employment action and/or if any official, volunteer or
employee seeks a review of a decision to not reinstate certification by filing
an appeal with the Judiciary [See Vehicle Driver Certification & Fleet
Management, 2 O.C. 210.10-1, 210.10-2, 210.10-7 (b), & 210.11-2 (d)].
Supervisors that fail to uphold this Law can face disciplinary action
pursuant to the laws governing the Nation’s employment [See Vehicle
Driver Certification & Fleet Management, 2 O.C. 210.10-1 (c)].
A public meeting was held on February 19, 2015 and June 5, 2017.
Public Meeting
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SECTION 2. LEGISLATIVE DEVELOPMENT
A. The Risk Management Director requested this Law to incorporate both the Oneida Fleet
Management Policy and Driver Certification Policy and to update requirements found in both
policies. These policies will be repealed when this Law is adopted.
SECTION 3. CONSULTATION
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A. The Oneida Law Office, Records Management, HRD, Risk Management and Fleet
Management were consulted during the development of this legislative analysis.
B. Representatives from Risk Management, Fleet Management, HRD, Oneida Law Office,
Environmental Health and Safety Division and Purchasing were involved in the development
of this legislation.
C. A review of other Tribal laws has been conducted and Section 6 of this analysis explains
possible impacts with those laws and this proposed Law. Research was also conducted on
the State of Wisconsin Department of Transportation regarding instruction permits,
probationary licenses and regular licenses. Lastly, prior OBC meeting transcripts and
legislative histories were reviewed when developing this legislative analysis.
SECTION 4. PROCESS
A. This Law has followed the process set forth in the Legislative Procedures Act (LPA) except
that the public meeting was not properly noticed to all managers or directors. The LPA
requires the public meeting notice, legislation, legislative analysis and fiscal impact
statement, if fiscal impact statement is available, to be electronically provided to all
managers or directors [See Legislative Procedures Act, 1 O.C. 109.8-2 (b)]. The notice and
backup documents were never provided electronically to all managers or directors; however,
the public meeting was properly noticed in the Kalihwisaks and was made public on the
Oneida Register as required by the LPA [See Legislative Procedures Act, 1 O.C. 8-2 (a &
b)].
B. The Law was first added to the Legislative Operating Committee (LOC)’s active files list on
June 15, 2012 and was carried over into this LOC’s current term. Public meetings were held
on February 19, 2015 and June 5, 2017. Work meetings were held between March of 2015
and August of 2016 and again in March and April of 2017.
SECTION 5. CONTENTS OF THE LEGISLATION
A. This Law identifies the roles and responsibilities of the Fleet Management
Department, Automotive Department, Risk Management, HRD, Environmental
Health & Safety Division, supervisors and drivers [See Vehicle Driver Certification
and Fleet Management, 2 O.C. 210.4 & 210.5]. The Law also includes information
on how to 1) acquire the use of a Tribal vehicle, 2) how a Tribal vehicle is to be used,
3) what the vehicle can be used for and 4) who is allowed to operate and ride in a
Tribal vehicle [See Vehicle Driver Certification and Fleet Management, 2 O.C.
210.6]. Rental vehicles are considered Tribal vehicles for the purpose of this Law
and usage of rental vehicles must comply with this Law [See Vehicle Driver
Certification and Fleet Management, 2 O.C. 210.7].
Furthermore, the Law requires anyone that operates a Tribal vehicle or a personal
vehicle on Tribal business to be certified. The requirements for certification are
specified in section 210.8 of this Law and include
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being at least 18 years of age,
completing and satisfying experience requirements,
holding a valid non-probationary Wisconsin driver’s license,
passing a driving record check by HRD,
complying with additional requirements for personal vehicle usage which
includes having the proper insurance coverage and following the provisions
for mileage reimbursement.
The Law sets out requirements for certification which include satisfying stricter
requirements by an entity and abiding by specialized requirements imposed by state
or federal regulatory agencies. Drivers are required to notify their supervisor of a
motor vehicle operation violation including drugs or alcohol and a criminal offense
related to a traffic incident as well as any restrictions, suspensions, revocations,
cancelations or reinstatement privileges to their supervisor.
Drivers must
immediately notify their supervisor of any impairment that affects operating a motor
vehicle [See Vehicle Driver Certification and Fleet Management, 2 O.C. 210.8].
The Law explains what needs to be completed when a driver is involved in a
motor vehicle crash including
-who must be notified,
-what paperwork must be filled out,
-who has investigative authority
-possible outcomes a driver can face if he/she is at fault [See Vehicle Driver
Certification and Fleet Management, 2 O.C. 210.9].
This Law addresses suspension and revocation of driver certification as well as
disciplinary action. A driver can have his/her certification suspended for violating
this Law and a supervisor can face adverse employment action
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.