# Phone: (920)869-2214 (2017) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A765c6c4a29552bdb ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 Page 2 of 2 Open Packet Page 17 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: 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. Page 1 of 2 Open Packet Page 18 of 739 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 1 of 14 Open Packet Page 19 of 739 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 2 of 14 Open Packet Page 20 of 739 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 3 of 14 Open Packet Page 21 of 739 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 4 of 14 Open Packet Page 22 of 739 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 5 of 14 Open Packet Page 23 of 739 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 6 of 14 Open Packet Page 24 of 739 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 7 of 14 Open Packet Page 25 of 739 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 8 of 14 Open Packet Page 26 of 739 DRAFT 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: Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 9 of 14 Open Packet Page 27 of 739 DRAFT 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: Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 10 of 14 Open Packet Page 28 of 739 DRAFT 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. Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 11 of 14 Open Packet Page 29 of 739 DRAFT 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. Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 12 of 14 Open Packet Page 30 of 739 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 13 of 14 Open Packet Page 31 of 739 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 14 of 14 Open Packet Page 32 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: 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. Page 1 of 2 Open Packet Page 33 of 739 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 Oneida Business Committee Special Meeting Minutes DRAFT of June 9, 2017 Page 1 of 2 Open Packet Page 34 of 739 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 Page 2 of 2 Open Packet Page 35 of 739 Open Packet Page 36 of 739 Open Packet Page 37 of 739 Oneida Nation Post Office Box 365 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # __-__-__-_ 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 Open Packet Page 38 of 739 BC Resolution # __-__-__-_ One-Time Funding – Office of Tribal Justice Support – U.S. Department of the Interior/Bureau of Indian Affairs Page 2 of 2 52 53 54 55 56 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. Open Packet Page 39 of 739 Open Packet Page 40 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: 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. Page 1 of 2 Open Packet Page 41 of 739 Open Packet Page 42 of 739 1 2 3 4 5 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 6 7 WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and 8 9 10 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 11 12 13 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 14 15 WHEREAS, the Amendments respond to concerns related to enforcement of domestic animal encounters and increased reporting of dog bites; and 16 WHEREAS, these Amendments to the Domestic Animal Ordinance: BC Resolution _____________ Domestic Animal Ordinance Amendments 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. 33 34 WHEREAS, a public meeting on the proposed Amendments was held on June 5, 2016 in accordance with the Legislative Procedures Act; and 35 36 NOW THEREFORE BE IT RESOLVED, that the Domestic Animal Ordinance Amendments are hereby adopted. Open Packet Page 43 of 739 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 Page 1 of 2 Open Packet Page 44 of 739 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. Page 2 of 2 Open Packet Page 45 of 739 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 1 2 3 4 5 6 7 8 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. Page 1 of 5 Open Packet Page 46 of 739 Analysis to OBC Consideration Draft 2017 06 28 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 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 Page 2 of 5 Open Packet Page 47 of 739 Analysis to OBC Consideration Draft 2017 06 28 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 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 Page 3 of 5 Open Packet Page 48 of 739 Analysis to OBC Consideration Draft 2017 06 28 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 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]. 120 121 122 SECTION 6. EFFECT ON EXISTING LEGISLATION 123 124 125 126 127 128 129 SECTION 7. ENFORCEMENT 130 131 132 133 134 135 136 137 138 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]. Page 4 of 5 Open Packet Page 49 of 739 Analysis to OBC Consideration Draft 2017 06 28 139 140 141 142 143 144 145 146 147 148 149 150 151 152 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. 153 154 Page 5 of 5 Open Packet Page 50 of 739 For OBC Consideration 2017 06 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 304.6. 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. 3 O.C. 304 – Page 1 Open Packet Page 51 of 739 For OBC Consideration 2017 06 28 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 (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. 3 O.C. 304 – Page 2 Open Packet Page 52 of 739 For OBC Consideration 2017 06 28 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 304.5. 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 Open Packet Page 53 of 739 For OBC Consideration 2017 06 28 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 304.6-3. 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. 3 O.C. 304 – Page 4 Open Packet Page 54 of 739 For OBC Consideration 2017 06 28 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 304.7. 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 3 O.C. 304 – Page 5 Open Packet Page 55 of 739 For OBC Consideration 2017 06 28 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 (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) 3 O.C. 304 – Page 6 Open Packet Page 56 of 739 For OBC Consideration 2017 06 28 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 (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. 3 O.C. 304 – Page 7 Open Packet Page 57 of 739 For OBC Consideration 2017 06 28 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 (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 ani [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A765c6c4a29552bdb. Public record. Not legal advice.