Oneida Business Committee (2020)

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Public Packet

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Oneida Business Committee

Executive Session and Regular Meeting

8:30 AM Wednesday, June 10, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

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

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

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

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

NOTICE

All regular, special, and emergency Business Committee meetings are closed to the public for the

duration of the Public Health State of Emergency. This is preventative measure as a result of the

COVID-19 pandemic. Audio recordings are made of all meetings of the Business Committee.

Video recordings are made of regular meetings of the Business Committee. All recordings are

available

the

Nation's

website

at:

https://oneida-nsn.gov/government/businesscommittee/recordings/

If you have comments regarding open session items, please submit them to

TribalSecretary@oneidanation.org no later than close of business the day prior to a Business

Committee meeting. Comments will be noticed to the Business Committee.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

Oneida Police Commission - Richard Van Boxtel

Sponsor: Lisa Summers, Secretary

MINUTES

Approve the May 27, 2020, regular Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

Oneida Business Committee

Regular Meeting Agenda

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June 10, 2020

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RESOLUTIONS

Adopt resolution entitled Extension of Declaration of Public Health Emergency Until

July 12, 2020

Sponsor: Lisa Summers, Secretary

Adopt resolution entitled Setting Allocation Goals for Use of COVID-19 Relief Funds

in the Cares Act

Sponsor: Trish King, Treasurer

Adopt resolution entitled Process for Authorization for Use of CARES Act Covid

Relief Funds

Sponsor: Trish King, Treasurer

Adopt resolution entitled COVID-19 Response - Oneida Nation Small Business

Assistance Program

Sponsor: Trish King, Treasurer

Adopt resolution entitled Amendments to the Tobacco Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Tobacco Law Penalty and Fine Schedule

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled InterTribal Buffalo Council Surplus Buffalo Program

Sponsor: Debbie Thundercloud, General Manager

TABLED BUSINESS

VIII.

Update and progress report regarding the implementation procedures for BC

resolution # 03-11-20-C (tabled 4/8/20, no requested action)

NEW BUSINESS

Authorize the use of a Graphic regarding Intergovernmental Agreements

Sponsor: Jo Anne House, Chief Counsel

Accept the General Election safety plan

Sponsor: Lisa Summers, Secretary

Approve a limited waiver of soverign immunity - Green Metropolitan Sewerage

District professional services agreement - file # 2020-0292

Sponsor: Debbie Thundercloud, General Manager

Oneida Business Committee

Regular Meeting Agenda

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REPORTS

OTHER

EXECUTIVE SESSION

REPORTS

Accept the Emergency Management FY-20 2nd quarter report

Sponsor: Kaylynn Gresham, Director/Emergency Management

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Accept the General Manager report

Sponsor: Debbie Thundercloud, General Manager

TABLED BUSINESS

XI.

Accept the Oneida Youth Leadership Institute FY-2020 2nd quarter report

Sponsor: Cheryl Stevens, Executive Manager/Oneida Youth Leadership Institute

Joint Marketing Standard Operating Procedures regarding Tickets &

Merchandise Distribution (tabled 4/8/20, no requested action)

NEW BUSINESS

Discuss next steps regarding legal review - Emergency Resolutions and

Declarations - COVID-19 Pandemic

Sponsor: David P. Jordan, Councilman

Approve the US Department of the Interior - Multi-Year Funding Agreement

amendment #6 - file # 2020-0392

Sponsor: Jennifer Webster, Councilwoman

ADJOURN

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

Open Meetings law (§ 107.14.)

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

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

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

or (800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

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Oneida Business Committee Agenda Request

Oneida Police Commission - Richard Van Boxtel

1. Meeting Date Requested:

06 / 10 / 20

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 Richard Van Boxtel for Oneida Police Commission

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Brooke Doxtator, BCC Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

On May 27, 2020 the Oneida Business Committee appointed Richard Van Boxtel to the Oneida Police

Commission.

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

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

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

Page 2 of 2

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Approve the May 27, 2020, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

06/10/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☒ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

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DRAFT

Oneida Business Committee

Executive Session and Regular Meeting

8:30 AM Wednesday, May 27, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EXECUTIVE SESSION

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King (via Microsoft

Teams1), Secretary Lisa Summers (via Microsoft Teams), Council members: Daniel Guzman King, David

P. Jordan, Kirby Metoxen, Ernie Stevens III;

Not Present: Councilwoman Jennifer Webster;

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Lisa Liggins, Debbie Thundercloud, Jeff Bowman (via

Microsoft Teams), Nate King (via Microsoft Teams), Jeff House (via Microsoft Teams), John Breuninger

(via Microsoft Teams), Lisa Turpin (via Microsoft Teams), Steve Ninham (via Microsoft Teams), Patricia

Lassila (via Microsoft Teams), Holly Williams (via Microsoft Teams), Steve Loomis (via Microsoft Teams);

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Council members: Daniel Guzman

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

Not Present: Treasurer Trish King, Secretary Lisa Summers, Councilwoman Jennifer Webster;

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Lisa Liggins, Clorissa Santiago;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:33 a.m.

For the record: Secretary Lisa Summers and Treasurer Trish King are telecommuting today and are

observing Open Session via Microsoft Teams. Councilwoman Jennifer Webster is out on personal

time.

II.

OPENING (00:00:26)

Opening provided by Councilman Daniel Guzman King who asked for a moment of silence for recent

loss of members of our community.

Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

Oneida Business Committee

Regular Meeting Minutes

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III.

ADOPT THE AGENDA (00:01:46)

Motion by David P. Jordan to adopt the agenda as presented, seconded by Ernie Stevens III. Motion

carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

IV.

OATH OF OFFICE (00:02:15)

Oaths of office administered by Vice-Chairman Brandon Stevens. Danielle White (via Microsoft

Teams) and Wayne Cornelius Jr. (via telephone) were present.

Oneida Electon Board Alternates - Danielle White and Wayne Cornelius Jr.

Sponsor: Lisa Summers, Secretary

MINUTES

Approve the May 13, 2020, regular Business Committee meeting minutes

(00:07:32)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the May 13, 2020, regular Business Committee meeting

minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Approve the May 18, 2020, emergency Business Committee meeting minutes

(00:08:02)

Sponsor: Lisa Summers, Secretary

Motion by Kirby Metoxen to approve the May 18, 2020, emergency Business Committee meeting

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

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

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VI.

APPOINTMENTS

Determine next steps regarding one (1) vacancy(ies) - Oneida Police Commission

(00:08:30); (00:41:25)

Sponsor: Lisa Summers, Secretary

Motion by Daniel Guzman King to defer this item until after executive session discussion, seconded by

Kirby Metoxen. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Item VII.A. was addressed next.

Motion by Brandon Stevens to appoint Rich VanBoxtel to the Oneida Police Commission, seconded by

Ernie Stevens III. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Item X. was addressed next.

VII.

NEW BUSINESS

Post one (1) vacancy - Oneida Police Commission (00:09:20)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to post one (1) vacancy for the Oneida Police Commission, seconded by

Ernie Stevens III. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Review the Oneida Nation Recovery Plan (00:10:03); (00:41:05)

Sponsor: Lisa Summers, Secretary

Motion by Kirby Metoxen to defer this item until after executive session discussion, seconded by Daniel

Guzman King. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Item VIII.A. was addressed next.

Motion by Kirby Metoxen to accept the Oneida Nation Recovery Plan draft as information, seconded by

David P. Jordan. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Item VI.A. was addressed next.

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VIII.

REPORTS2

APPOINTED BOARDS, COMMITTEES, COMMISSIONS

Accept the Anna John Resident Centered Care Community Board FY-2020 2nd

quarter report (00:11:33)

Sponsor: Joshua Hicks, Interim Chair/Anna John Resident Centered Care

Community Board

Motion by Brandon Stevens to accept the Anna John Resident Centered Care Community Board FY2020 2nd quarter report, seconded by David P. Jordan. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Accept the Oneida Police Commission FY-2020 2nd quarter report (00:12:50)

Sponsor: Sandra Reveles, Chair/Oneida Police Commission

Motion by Kirby Metoxen to accept the Oneida Police Commission FY-2020 2nd quarter report,

seconded by David P. Jordan. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

ELECTED BOARDS, COMMITTEES, COMMISSIONS

Accept the Oneida Election Board FY-2020 2nd quarter report (00:13:30)

Sponsor: Pat Moore, Interim Vice-Chair/Oneida Election Board

Motion by David P. Jordan to accept the Oneida Election Board FY-2020 2nd quarter report and for the

BC liaison to follow-up with the Oneida Election Board to see if a meeting is still needed and to

schedule if needed, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

2 BC resolution # 04-08-20-B placed the following Boards, Committees, and Commissions on temporary closure

status for the remainder of Fiscal Year 2020 and during any continuing resolution for Fiscal Year 2021 therefore

reports were not submitted/required: Oneida Community Library Board, Oneida Environmental Resources Board,

Oneida Nation Arts Board, Oneida Nation Veterans Affairs Committee, Oneida Personnel Commission, Oneida Pow

Wow Committee, Pardon and Forgiveness Screening Committee, Southeast Wisconsin Oneida Tribal Social Services

Advisory Board, Oneida Land Claims Commission, and Oneida Nation Commission on Aging.

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Accept the Oneida Gaming Commission FY-2020 2nd quarter report (00:16:39)

Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission

Motion by Ernie Stevens III to accept the Oneida Gaming Commission FY-2020 2nd quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Chairman Tehassi Hill noted for the record that the Oneida Gaming Commission requested in the

report that Gaming management work closely with them for regulatory compliance and that the Oneida

Business Committee continue to update the the Oneida Gaming Commission on governmental

dialogue about Oneida Nation’s gaming exclusivity and jurisdictional matters

Accept the Oneida Land Commission FY-2020 2nd quarter report (00:18:10)

Sponsor: Rae Skenandore, Chair/Oneida Land Commission

Motion by David P. Jordan to accept the Oneida Land Commission FY-2020 2nd quarter report,

seconded by Brandon Stevens. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Accept the Oneida Nation School Board FY-2020 2nd quarter report (00:19:02)

Sponsor: Lisa Liggins, Chair/Oneida Nation School Board

Motion by David P. Jordan to accept the Oneida Nation School Board FY-2020 2nd quarter report,

seconded by Ernie Stevens III. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Councilman Brandon Stevens noted for the record that the Oneida Nation School Board requested in

the report that the Nation support the language immersion program, asking that we take more

consideration of the language portion of the school with tribal contribution, to consider programs like

the language immersion progarm for continued funding and support.

Accept the Oneida Trust Enrollment Committee FY-2020 2nd quarter report

(00:21:15)

Sponsor: Debra J. Danforth, Chair/Oneida Trust Enrollment Committee

Motion by Kirby Metoxen to accept the Oneida Trust Enrollment Committee FY-2020 2nd quarter

report, seconded by Daniel Guzman King. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

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CORPORATE BOARDS

Accept the Bay Bancorporation, Inc. FY-2020 2nd quarter report (00:27:50)

Sponsor: Jeff Bowman, President/Bay Bank

Motion by David P. Jordan to accept the Bay Bancorporation, Inc. FY-2020 2nd quarter report,

seconded by Ernie Stevens III. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Accept the Oneida ESC Group, LLC. FY-2020 2nd quarter report (00:29:07)

Sponsor: John L. Brueninger, Chairman/Oneida ESC Group Board

Motion by Ernie Stevens III to accept the Oneida ESC Group, LLC. FY-2020 2nd quarter report,

seconded by David P. Jordan. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Accept the Oneida Airport Hotel Corporation FY-2020 2nd quarter report

(00:29:45)

Sponsor: Robert Barton, President/Oneida Airport Hotel Corporation

Motion by Daniel Guzman King to accept the Oneida Airport Hotel Corporation FY-2020 2nd quarter

report, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Accept the Oneida Golf Enterprise FY-2020 2nd quarter report (00:31:05)

Sponsor: Eric McLester, Agent/Oneida Golf Enterprise

Motion by David P. Jordan to accept the Oneida Golf Enterprise FY-2020 2nd quarter report, seconded

by Kirby Metoxen. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

STANDING COMMITTEES

Accept the Community Development Planning Committee FY-2020 2nd quarter

report (00:31:55)

Sponsor: Ernie Stevens III, Councilman

Motion by Daniel Guzman King to accept the Community Development Planning Committee FY-2020

2nd quarter report, seconded by David P. Jordan. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

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Accept the Finance Committee FY-2020 2nd quarter report (00:33:31)

Sponsor: Trish King, Treasurer

Motion by Kirby Metoxen to accept the Finance Committee FY-2020 2nd quarter report, seconded by

David P. Jordan. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Accept the Legislative Operating Committee FY-2020 2nd quarter report

(00:34:31)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the Legislative Operating Committee FY-2020 2nd quarter report,

seconded by Ernie Stevens III. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Accept the Quality of Life Committee FY-2020 2nd quarter report (00:35:10)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by David P. Jordan to accept the Quality of Life Committee FY-2020 2nd quarter report,

seconded by Daniel Guzman King. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

OTHER

Accept the Oneida Youth Leadership Institute FY-2020 2nd quarter report

(00:35:50)

Sponsor: not submitted

Motion by Kirby Metoxen to direct BC liaison follow-up with the Oneida Youth Leadership Institute

regarding the FY-2020 2nd quarter report submission, seconded by Daniel Guzman King. Motion

carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

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IX.

EXECUTIVE SESSION (00:36:55)

Roll call for the record:

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

Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III;

Not Present: Treasurer Trish King; Secretary Lisa Summers; Councilwoman Jennifer Webster;

Motion by Brandon Stevens to go into executive session at 9:11 a.m., seconded by Ernie Stevens III.

Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Motion by David P. Jordan to come out of executive session at 12:46 p.m., seconded by Ernie Stevens

III. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

REPORTS

Accept the Bay Bancorporation, Inc. FY-2020 2nd quarter executive report

(00:38:04)

Sponsor: Jeff Bowman, President/Bay Bank

Motion by David P. Jordan to accept the Bay Bancorporation, Inc. FY-2020 2nd quarter executive

report, seconded by Ernie Stevens III. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Accept the Oneida ESC Group, LLC. FY-2020 2nd quarter executive report

(00:38:24)

Sponsor: John L. Brueninger, Chairman/Oneida ESC Group Board

Motion by Ernie Stevens III to accept the Oneida ESC Group, LLC. FY-2020 2nd quarter executive

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

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Accept the Oneida Airport Hotel Corporation FY-2020 2nd quarter report

(00:38:47)

Sponsor: Robert Barton, President/Oneida Airport Hotel Corporation

Motion by David P. Jordan to accept the Oneida Airport Hotel Corporation FY-2020 2nd quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

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Accept the Oneida Golf Enterprise FY-2020 2nd quarter executive report

(00:39:06)

Sponsor: Eric McLester, Agent/Oneida Golf Enterprise

Motion by Kirby Metoxen to accept the Oneida Golf Enterprise FY-2020 2nd quarter executive report,

seconded by Ernie Stevens III. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Accept the Chief Counsel report (00:39:25)

Sponsor: Jo Anne House, Chief Counsel

Motion by Kirby Metoxen to approve the waiver of conflict and authorize the Chairman to sign the May

21, 2020, correspondence from Husch Blackwell in case # 2020CV000450, seconded by David P.

Jordan. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Motion by Kirby Metoxen to accept the Chief Counsel report, seconded by Brandon Stevens. Motion

carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Accept the General Manager report (00:40:09)

Sponsor: Debbie Thundercloud, General Manager

Motion by Kirby Metoxen to accept the General Manager report, seconded by David P. Jordan. Motion

carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

AUDIT COMMITTEE

Accept the Audit Committee FY-2020 2nd quarter report (00:40:22)

Sponsor: David P. Jordan, Councilman

Motion by Brandon Stevens to accept the Audit Committee FY-2020 2nd quarter report, seconded by

Kirby Metoxen. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

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Regular Meeting Minutes

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DRAFT

NEW BUSINESS

Review application(s) for one (1) vacancy(ies) - Oneida Police Commission

(00:40:40)

Sponsor: Lisa Summers, Secretary

Motion by Brandon Stevens to accept the discussion regarding the Oneida Police Commission

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

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Item VII.B. was addressed next.

ADJOURN (00:42:05)

Motion by Ernie Stevens III to adjourn at 12:50 p.m., seconded by David P. Jordan. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III

Not Present:

Trish King, Lisa Summers, Jennifer Webster

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

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Adopt resolution entitled Extension of Declaration of Public Health Emergency Until July 12, 2020

Business Committee Agenda Request

1. Meeting Date Requested:

06/10/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☒ Correspondence

☐ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☒ Resolution

☒ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

Public Packet

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Extension of Declaration of Public Health Emergency Until July 12, 2020

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 federal government has proclaimed a public health emergency related to the spread of

the COVID-19 virus and has identified that the spread of the virus has resulted in large

numbers of individuals becoming ill and high mortality rates, impacts to the stock markets,

and businesses; and

WHEREAS,

state governors, including the State of Wisconsin, have declared public health emergencies

and state public health officers have issued orders, for example, closing public schools,

limiting public gatherings, and closing restaurants and bars except for take-out orders; and

WHEREAS,

on March 12, 2020 the Chairman declared a public health state of emergency, the Oneida

Business Committee took actions to take steps to protect the health and welfare of the

members, employees and the community, including instituting expenditure restrictions to

preserve resources for the provision of governmental services to members most at risk,

closure of the Nation’s gaming operations, and insuring that employees will continued to

be paid during the public health emergency as long as the Nation’s resources will allow;

and

WHEREAS,

the public health state of emergency was extended by resolutions # BC-03-26-20-A and #

BC-05-06-20-A; and

WHEREAS,

the status of the COVID-19 pandemic continues to change daily with identification of

hotspots occurring within certain food industries; and

WHEREAS,

the State of Wisconsin has experienced a growth in cases on June 3rd now identifying

18,917 positive tests, 607 deaths, and of these tests:

 there are 2334 positive results in Brown County and 232 om Outagamie County

 there are 46 positive results in the Oneida Reservation with 2 recent deaths from

COVID-19; and

WHEREAS,

the State of Wisconsin has general contact with residents of the State of Illinois (122,848

positive tests and 5,525 deaths, most of those positive tests in the Chicago area), the State

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BC Resolution _____________

Extension of March 12th Declaration of Public Health Emergency

Page 2 of 2

of Minnesota (25,508 positive tests and 1072 deaths), and the State of Michigan (57,731

positive tests and 5,553 deaths); and

WHEREAS,

a positive test does not identify the number of individuals who have the virus, including

those who are not showing symptoms or who have isolated themselves at home; and

WHEREAS,

the initial Public Health Emergency Declaration issued by the Chairman under section

302.8-2 requested by the Emergency Management Director on March 12th expired on April

11th and was extended until May 12th and was further extended until June 11th; and

WHEREAS,

the COVID-19 Team has issued a modified Safer At Home Declaration and an Open for

Business amendment which directs that individuals within the Oneida Reservation should

continue to stay at home, businesses can re-open under certain safer business practices,

and Social Distancing should be practiced by all persons which remains effective during

the state of emergency which remains effective until June 11th; and

WHEREAS,

the Emergency Management Director and the Public Health Officer have advised extension

of the emergency declaration supported by information from the Centers for Disease

Control and the level of spread of COVID-19 throughout the State of Wisconsin,

surrounding states, and the United States; and

WHEREAS,

the Oneida Business Committee has determined that continuing the public health state of

emergency for another 30 days continues to be necessary;

Extension of Public Health Emergency Declaration

NOW THEREFORE BE IT RESOLVED, that in accordance with section 302.8-5, the Oneida Business

Committee extends the public health emergency declaration for an additional 30 days beginning on June

12, 2020 and ending at 11:59 p.m. on July 12, 2020.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Extension of Declaration of Public Health Emergency Until July 12, 2020

Summary

This resolution extends the Nation’s declaration of the Public Health State of Emergency for an

additional thirty (30) days beginning on June 12, 2020 and ending on July 12, 2020.

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

Date: June 3, 2020

Analysis by the Legislative Reference Office

The Oneida Business Committee adopted the Emergency Management and Homeland Security

law for the purpose of providing for the development and execution of plans for the protection of

residents, property, and the environment in an emergency or disaster; providing for the direction

of emergency management, response, and recovery on the Reservation, as well as coordinating

with other agencies, victims, businesses, and organizations; establishing the use of the National

Incident Management System (NIMS); and designating authority and responsibilities for public

health preparedness. [3 O.C. 302.1-1].

Under the Emergency Management and Homeland Security law the Oneida Business Committee

is delegated the responsibility to proclaim or ratify the existence of a public health emergency. [3

O.C. 302.8-1]. A public health emergency means the occurrence or imminent threat of an illness

or health condition which is a quarantinable disease; and which poses a high probability of a large

number of deaths or serious or long-term disability among humans. [3 O.C. 302.3-1(o)]. No

proclamation of an emergency by the Oneida Business Committee may last for longer than thirty

(30) days, unless renewed by the Oneida Business Committee. [3 O.C. 302.8-5].

The federal government has proclaimed a public health emergency related to the spread of the

COVID-19 virus and has identified that the spread of the virus has resulted in large numbers of

individuals becoming ill and high mortality rates, impacts to the stock markets, and businesses.

State governors, including the State of Wisconsin, have declared public health emergencies and

state public health officers have issued orders, for example, closing public schools, limiting public

gatherings, and closing restaurants and bars except for take-out orders.

In accordance with the authority granted to the Oneida Business Committee through the

Emergency Management and Homeland Security law, on March 12, 2020, Chairman Tehassi Hill

signed a “Declaration of Public Health State of Emergency” which sets into place the necessary

authority should action need to be taken, and allows the Oneida Nation to seek reimbursement of

emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. The

Oneida Business Committee took action to extend this Public Health State of Emergency until

May 12, 2020, through the adoption of resolution BC-03-28-20-A, “Extension of March 12th

Declaration of Public Health State of Emergency.” [3 O.C. 302.8-5]. The Oneida Business

Page 1 of 2

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Committee then further extended this Public Health State of Emergency until June 11, 2020,

through the adoption of resolution BC-05-06-20-A, “Extension of Declaration of Public Health

State of Emergency Until June 11, 2020.” [3 O.C. 302.8-5].

On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at

Home” declaration which prohibits all public gatherings of any number of people and orders all

individuals present within the Oneida Reservation to stay at home or at their place of residence,

with certain exceptions allowed. On April 21, 2020, the COVID-19 Core Decision Making Team

issued an “Updated Safer at Home” declaration which allowed for gaming and golf operations to

resume. Then on May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at

Home Declaration, Amendment, Open for Business” which directs that individuals within the

Oneida Reservation should continue to stay at home, businesses can re-open under certain safer

business practices, and social distancing should be practiced by all persons. Declarations made by

the COVID-19 Core Decision Making Team remain in effect during the duration of the Nation’s

Public Health State of Emergency, unless identified to be effective for a shorter time period. [3

O.C. 302.10-3].

The Emergency Management Director and the Public Health Officer have advised extension of the

Public Health State of Emergency declaration supported by information from the Centers for

Disease Control and the level of spread of COVID-19 throughout the State of Wisconsin,

surrounding states, and the United States. This resolution provides that the Oneida Business

Committee has determined that it is necessary to continue the Public Health State of Emergency

for another thirty (30) days.

Through the adoption of this resolution, in accordance with section 302.8-5 of the Emergency

Management and Homeland Security law, the Oneida Business Committee extends the Public

Health State of Emergency declaration for an additional thirty (30) days beginning on June 12,

2020 and ending at 11:59 p.m. on July 12, 2020.

Conclusion

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

Page 2 of 2

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Oneida Comprehensive Health Division

Oneida Community Health Center

Behavioral Health Services

Anna John Resident Centered Care Community

Employee Health Nursing

To: Oneida Nation Covid-19 Communications Team

Date: June 1, 2020

RE: Recommendations to Extend the Oneida Nation Public Health Emergency Declaration

An infectious illness such as COVID19 does not follow our jurisdictional boundaries and/or our

reservation boundaries. It is critical for the Oneida Nation to continue to work in tandem with our local

and state public health departments. COVID-19 does not pick and choose who will be affected nor does

it matter where you work, or where you live.

Through our on-going monitoring of the COVID19 pandemic by public health and other health officials,

the following are highlights from our current situation:

•

There is an Increase in COVID-19 cases within Brown and Outagamie counties.

•

There is an Increase in COVID19 related deaths in Wisconsin including Brown and Outagamie

Counties.

•

There is Evidence of continued community spread in Brown and Outagamie Counties and

throughout the state of Wisconsin.

Recommendations:

Based on available information we have today, Oneida Public Health Team has the following

recommendations:

1. The Oneida Nation extend the Public Health Emergency declaration to August 31, 2020.

2. All Departments/areas within the organization have a plan for maintaining safe reopening

and/or continued operations during COVID19 pandemic to include prevention strategies to keep

both employees and patrons safe based upon the guidelines that this team has submitted to the

COVID-19 Communications Team.

3. Continued Operations to maintain all safe distancing, Universal masking/face covering

and sanitation requirements indefinitely throughout the pandemic.

4. Based on current available information our recommendations would remain valid for the next 36 months or longer. Recommendations will continue to change based upon available data and

updates on the COVID-19 pandemic.

Oneida Community Health Center

Behavioral Health Services

Anna John Resident Centered Care Community

Employee Health Nursing

Mailing Address: P.O. Box 365, Oneida, WI 54155

https://oneida-nsn.gov/resources/health/

525 Airport Dr., Oneida, WI 54155

Phone: (920) 869-2711 or 1-866-869-2711

2640 West Point Rd., Green Bay, WI 54304

Phone: (920) 490-3790 or 1-888-490-2457

2901 S. Overland Rd., Oneida, WI 54155

Phone: (920) 869-2797

701 Packerland Dr., Green Bay, WI 54303

Phone: (920) 405-4492

Fax: (920) 869-1780

Fax: (920) 490-3883

Fax: (920) 869-3238

Fax: (920) 405-4494

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5. Continue Basic Infection Prevention Measures throughout the Oneida Organization to protect

employees and customers must be included as a part of all operational plans. All Departments

should maintain good hygiene and infection control practices, including:

•

Promote frequent and thorough hand washing, including by providing employees, customers,

and worksite visitors with a place to wash their hands. If soap and running water are not

immediately available, provide alcohol-based hand rubs containing at least 60% alcohol.

•

Encourage employees to stay home if they are sick.

•

Encourage respiratory etiquette, including covering coughs and sneezes.

•

Provide customers and the public with tissues and trash receptacles.

6. Departments should continue to maintain flexible worksites (e.g., telecommuting) and flexible

work hours (e.g., staggered shifts), to increase the physical distance among employees and

between employees and others if state and local health authorities recommend the use of social

distancing strategies.

7. Discourage employees from using other employees’ phones, desks, offices, or other work tools

and equipment, when possible.

8. Maintain regular housekeeping practices, including routine cleaning and disinfecting of surfaces,

equipment, and other elements of the work environment. When choosing cleaning chemicals,

Departments should consult information on Environmental Protection Agency (EPA)-approved

disinfectant labels with claims against emerging viral pathogens. Products with EPA-approved

emerging viral pathogens claims are expected to be effective against SARS-CoV-2 based on data

for harder to kill viruses. Follow the manufacturer’s instructions for use of all cleaning and

disinfection products (e.g., concentration, application method and contact time, PPE).

9. All employees of the nation based on their job duties have a facial covering or mask while at

work and maintain safe distancing of at least 6 feet from each other.

Project team:

Debra Danforth, Dr Ravi Vir, Michelle Myers, Kaylynn Gresham

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Adopt resolution entitled Setting Allocation Goals for Use of COVID-19 Relief Funds in the Cares Act

Business Committee Agenda Request

1. Meeting Date Requested:

06/10/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☐ Minutes

☐ Fiscal Impact Statement ☒ Report

☐ Other: Describe

☒ Resolution

☒ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☐ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Trish King, Treasurer

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # Leave this line blank

Setting Allocation Goals for Use of COVID-19 Relief Funds in the Cares Act

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 world has been impacted by the COVID-19 pandemic resulting in increased medical

needs and costs, economic costs, and community impacts; and

WHEREAS,

the State of Wisconsin has experienced a growth in cases on June 3rd now identifying

18,917 positive tests, 607 deaths, and of these tests:

 there are 2334 positive results in Brown County and 232 om Outagamie County

 there are 46 positive results in the Oneida Reservation with 2 recent deaths from

COVID-19; and

WHEREAS,

the federal government has developed, adopted and implemented the CARES Act which

contained $8 billion in funds reserved for Tribal governments, section 601(a)(2)(B); and

WHEREAS,

the CARES Act identified in section 603(d), “USE OF FUNDS.—A State, Tribal

government, and unit of local government shall use the funds provided under a payment

made under this section to cover only those costs of the State, Tribal government, or unit

of local government that—

(1) are necessary expenditures incurred due to the public health emergency with respect

to the Coronavirus Disease 2019 (COVID-19);

(2) were not accounted for in the budget most recently approved as of the date of

enactment of this section for the State or government; and

(3) were incurred during the period that begins on March 1, 2020, and ends on December

30, 2020;” and

WHEREAS,

the Oneida Nation received $39,665,614.01 under this legislation in early May and placed

these funds in the appropriate investment accounts until they could be properly disbursed;

and

WHEREAS,

the Oneida Nation is eligible to receive additional funds under the second disbursement of

the remaining $8 billion funds reserved in the CARES Act; and

WHEREAS,

the Oneida Nation began expending Tribal funds addressing the COVID-19 pandemic

which included closure of buildings and businesses, payment of wages for employees while

buildings and businesses were closed, upgrading safety measures for employee and public

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BC Resolution # _______

Setting Allocation Goals for Use of COVID-19 Relief Funds in the Cares Act

Page 2 of 2

health, etc., during the March 1, 2020 date and today that were not anticipated within the

Nation’s budget; and

WHEREAS,

many of these expenses are reimbursable under the CARES Act funds and the process of

identifying and verifying the expenditures for reimbursements has begun; and

WHEREAS,

the Oneida Business Committee has determined that the funding, which much be fully

expended by December 30th, should be allocated based on the Nation’s priorities as

identified by the General Tribal Council and the Oneida Business Committee; and

WHEREAS,

this resolution provides guidance regarding the use CARES Act COVID-19 Relief Funds

for the organization and community; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee identifies the following

percentages for use of the CARES Act COVID-19 Relief Finds:

INSERT table from spreadsheet –

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CARES Act Funding

$39,665,614.00

$503,428.50 Reimbursements ‐ Gaming

$337,000.00 OPD Payroll ‐ Reimbursement

$1,348,000.00 OPD Payroll ‐ Reserve for remainder

$360,270.20 Unemployment Costs ‐ Reimbursement

$5,400,000.00 Unemployment Costs ‐ Reserve for remainder

$3,419,307.98 3‐week General Payroll (excluding fringe)

$2,000,000.00 Reimbursement Reserve

$3,200,000.00 Personal/Vacation Reimbursement

$1,700,000.00 Peg Balance for Monthly Transfers

$1,750,000.00 General Payroll C‐19 Reserve (excluding fringe)

$20,018,006.68 Subtotal ‐ Operational Expenses & Reimbursements

50%

Notes

$1,230,000.00 Small Business Grant Assistance Program

$7,000,000.00 Future programs business related

$8,230,000.00 Subtotal ‐ Business Programming

21%

$11,417,607.32

Purpose

$19,647,607.32

Amount Allocated

$3,417,607.32

$0.00

20%

100% Total % Funding

$8,000,000.00 Programming

$8,000,000.00 Subtotal ‐ Infrastructure Housing

$3,000,000.00 Programming

$417,607.32 Programming

$3,417,607.32 Subtotal ‐ Community Support

NOTES:

1. Light blue are funds obligated and approved.

2. Light yellow are estimates needed for remainder of year on fund uses.

3. Examples in other lines are presented to show impacts.

4. Estimate for unsubmitted reimbursements. Remainder would be released after the deadline.

5. Estimate for furlough/layoff over 40 hours ‐ reimburse employee.

6. Amount for grant reimbursement delay from spending to receipt of reimbursement

7. As an example applied FEMA funds 75% to some of the costs.; Total estimated amount at $5m

8. EXAMPLE: Proposal to increase Small Business Grant Assistance or Corporate entities

9. EXAMPLE: providing road and water/sewer in new subdivision area.

10. EXAMPLE: GWE, tangible items for members ‐ refridgerators, roof, doors, windows

11. EXAMPLE: Utility assistance.

12. Does not include remaing 40% of $8b as the funds have not been delivered.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Setting Allocation Goals for Use of COVID-19 Relief Funds in the Cares Act

Summary

This resolution identifies percentages for how CARES Act COVID-19 Relief Funds will be

allocated for use by the Nation.

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

Date: June 4, 2020

Analysis by the Legislative Reference Office

The federal government developed, adopted, and implemented the Coronavirus Aid, Relief, and

Economic Security Act (“CARES Act”) to address the economic fallout caused by the COVID-19

pandemic. The CARES Act contained $8 billion dollars in funds reserved for Tribal governments.

Section 603(d) of the CARES Act identified that a Tribal government shall use the funds provided to

cover only those costs of the Tribal government that are necessary expenditures incurred due to the

public health emergency with respect to the COVID-19; were not accounted for in the budget most

recently approved as of the date of enactment of this section for the government; and were incurred

during the period that begins on March 1, 2020, and ends on December 30, 2020.

In May, the Nation received $39,661,614.01 in relief funding from the CARES Act referred to as

COVID-19 Relief Funds. These funds have been placed in the appropriate investment accounts until

they could be properly disbursed. The Nation is eligible to receive additional funds under the second

disbursement of the remaining $8 billion funds reserved in the CARES Act.

The resolution provides that the Nation began expending Tribal funds addressing the COVID-19

pandemic which included closure of buildings and businesses, payment of wages for employees while

buildings and businesses were closed, upgrading safety measures for employee and public health, etc.,

during the March 1, 2020 date and today that were not anticipated within the Nation’s budget. Many

of these expenses are reimbursable under the CARES Act funds and the process of identifying and

verifying the expenditures for reimbursements has begun. The Oneida Business Committee has

determined that the funding, which must be fully expended by December 30th, should be allocated

based on the Nation’s priorities as identified by the General Tribal Council and the Oneida Business

Committee.

This resolution provides guidance regarding the use of CARES Act COVID-19 Relief Funds for the

organization and community by identifying specific percentages for the allocation of use of the CARES

Act COVID-19 Relief Funds.

Conclusion

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

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Adopt resolution entitled Process for Authorization for Use of CARES Act Covid Relief Funds

Business Committee Agenda Request

1. Meeting Date Requested:

06/10/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☐ Minutes

☐ Fiscal Impact Statement ☒ Report

☐ Other: Describe

☒ Resolution

☒ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Trish King, Treasurer

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # Leave this line blank

Process for Authorization for Use of CARES Act Covid Relief Funds

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 received $39,661,614.01 under the Tribal government’s relief

included with the CARES Act, referred as “COVID-19 Relief Funds”; and

WHEREAS,

the COVID-19 Relief Funds are unbudgeted funds with specific restrictions and

qualifications regarding the use of the funds; and

WHEREAS,

the funds can be allocated to restricted activities across the organization and the

community and are not assigned to any single program which results in potent; and

WHEREAS,

the Oneida Business Committee believes that the approval of use of these funds should

be centralized to ensure they are applied in the best and most effective manner reviewing

all available resources; and

WHEREAS,

the Oneida Business Committee believes that reimbursements will be made regarding

expenditures made during the period beginning March 1, 2020 and June --, 2020 which

qualify for COVID-19 Relief Funds are finite and can be approved expediently through the

Finance COVID-19 Team; and

WHEREAS,

the purchasing and procurement processes should be amended to reflect the unique

nature of these funds and the special restrictions on the use of these funds; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee adopts the following process for

the use of the CARES Act COVID-19 Relief Funds (CRF Government Relief Funds):

Purpose

The Oneida Nation has received funds for the COVID-19 pandemic from various granting agencies as well

as the CRF government relief funds. Use of the funds must be carefully monitored to avoid overlap

regarding reimbursement and proposed expenses. This authorization resolution is broken into three groups

–

 Funds received by individual business units related to COVID-19 pandemic.

 CRF government relief funds requests for reimbursement.

 CRF government relief funds requests for new activities.

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BC Resolution # _______

Process for Authorization for Use of CARES Act Covid Relief Funds

Page 2 of 3

In general, the process will be for the Requestor to provide the following documentation to the COVID19_Funding@oneidanation.org e-mail address or the on-line portal, which will be monitored by personnel

delegated by the General Manager (the CRF Funding Coordinator), to approve the plan and identify funding

source. The approved and funded request will then go to the Oneida Business Committee for approval.

After approval, the request will be forwarded to the appropriate BU with funds, OR, forwarded to Purchasing

to requisition the purchase.

Payroll will be documented through the PAR sheets distributed through Intergovernmental Affairs and

Communication. The PAR sheets will have additions to include justifications for COVID-19 time only.

Business units which are exclusive to COVID-19 activities (Emergency Management, Public Health, etc,)

may receive a blanket approval after review and identification of documentation to authorize the blanket

approval. A memo will be provided to those business units when this is finalized.

A summary expense will be provided monthly on personnel time.

COVID-19 Request Form

Every use of COVID-19 related funding must utilize the request form developed for tracking purposes. The

request form will include the following information:

 BU Name

 BU Number (could indicate a new COVID-19 grant)

 Requestor (phone, etc.)

 Dollar amount

 Item(s) requested

The Requestor should provide with the request form:

 Justification

 Quotes (Sole Source or 3 quotes attached)

Funding/ Category

The funding/category will be recommended by a team made up of the CRF Funding Coordinator, the SelfGovernance Coordinator from Intergovernmental Affairs and Communications, and attorney assigned from

the Oneida Law Office.

Funds Received by Individual Business Units Related to COVID-19 Pandemic

There are currently 18 existing BU’s/ PRT’s with Covid funding that will be monitored monthly and expenses

tracked to ensure that items are not requested through multiple sources. All use of these funds should use

the request form for documentation and be forwarded to the COVID-19 Funding Coordinator for tracking

purposes.

CRF Government Relief Funds Requests for Reimbursement

All reimbursement requests shall use the request form and contain the required backup documentation.

The business unit shall identify whether the funds are originally tribal contribution or other funding. Past

purchases will be reviewed by the Self Governance Coordinator, Covid-19 Funding Coordinator to ensure

that the correct fund unit was used, and corrections made if needed. These requests will also be brought

to Finance for post-purchase approval for auditing and tracking purposes.

CRF Government Relief Funds Requests for New Activities

A request to utilize CRF government funds will be accompanied by the request form which clearly identifies

the purpose of the request, any activities, and all costs. The business unit may use estimates for costs. Any

request shall identify the proposed start date and the completion date must be on or before December 1,

2020.

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BC Resolution # _______

Process for Authorization for Use of CARES Act Covid Relief Funds

Page 3 of 3

100

101

102

103

104

Timelines

The deadline to submit all requests, make all expenditures, complete activities, submit all invoices and pay

all invoices is December 1, 2020. It is very important to remember and adhere to the December 1, 2020

deadline to ensure that all reports/invoices/checks/services and related activities are completed in a timely

manner. There will be no exceptions.

A flowchart of the approval process is attached to this resolution.

BE IT FINALLY RESOLVED, the Finance COVID-19 Team is authorized to approve all reimbursements

made for qualifying purchases between March 1, 2020 and June --, 2020.

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New Purchase Requests with COVID‐19 Relief Funds

Requestor gathers appropriate

documentation for Covid Relief Fund

funding request

Requestor sends request to Covid Funding

CRF Funding Coordinator

approves & identifies appropriate

funding source

Business Committee

Decision

CRF Funding Coordinator submits request

to Business Committee

Request approved

Request denied

More information needed

Approval is forwarded to

Requestor; request is funded

Denial is forwarded to

Requestor; request is not

funded

Request for more information

is forwarded to Requestor;

request is resubmitted

Go to

Data is collected, shared

with IGACSG and Finance

Team Weekly/ Monthly

END

Page 1

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Packet

June 6, 2020

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Reimbursement Requests with COVID‐19 Relief 34

Funds

Requestor gathers appropriate

documentation for Covid Relief Fund

reimbursement request

Requestor sends request to Covid Funding

CRF Funding Coordinator

approves & identifies appropriate

funding source

Finance Team

Decision

CRF Funding Coordinator submits request

to Finance Team

Request approved

Request denied

More information needed

Approval is forwarded to

Requestor; request is funded

Denial is forwarded to

Requestor; request is not

funded

Request for more information

is forwarded to Requestor;

request is resubmitted

Go to

Data is collected, shared

with IGACSG and Finance

Team Weekly/ Monthly

END

Page 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Process for Authorization for Use of CARES Act COVID Relief Funds

Summary

This resolution adopts a process for how the Oneida Nation shall approve and apply the relief

funding it received under the Coronavirus Aid, Relief, and Economic Security Act.

Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office

Date: June 3, 2020

Analysis by the Legislative Reference Office

In March of 2020, U.S. Congress passed the Coronavirus Aid, Relief, and Economic Security Act

(“CARES Act”) to address the economic fallout caused by the COVID-19 pandemic. Under the

CARES Act, the Oneida Nation has received $39,661,614.01 in relief funding referred to as

COVID-19 Relief Funds.

The COVID-19 Relief Funds are unbudgeted funds with specific restrictions and qualifications

that attach to the use of such funds. The Oneida Business Committee believes that the process for

the approval and use of these funds should be centralized to ensure that they are applied in the best

and most effective manner, reviewing all available resources.

This resolution sets forth the process for the Nation’s use of COVID-19 Relief Funds, the intent

of which is to ensure that the funds are carefully monitored to avoid overlap regarding

reimbursement and proposed expenses. It includes as an attachment a flowchart of the approval

process described within the resolution. The resolution further authorizes the Finance COVID-19

Team to approve all reimbursements that are made for qualifying purchases that occurred during

a set period of time.

Conclusion

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

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Oneida Business Committee Agenda Request

Adopt resolution entitled COVID-19 Response - Oneida Nation Small Business Assistance Program

1. Meeting Date Requested:

06 / 10

/ 20

2. General Information:

Session:

Open

Agenda Header:

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

Resolutions

Accept as Information only

Action - please describe:

Adopt resolution titled, "CoVID-19 Response - Oneida Nation Small Business Assistance Program."

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Trish King, Treasurer

Primary Requestor/Submitter:

Brian A Doxtator, Executive Assistant to Tribal Tresurer

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

Background:

The CoVID-19 Finance Team has been developing a grant / loan program to be made available to Small Business

Owners, who are enrolled Oneida, and are 51% owners of the business.

Through dialogue with Bay Bank, Finance Division, Law Office, a grant program is made available in the amount

of $30,000.

Requested Motion:

Adopt Resolution titled, "CoVID-19 Response - Oneida Nation Small Business Assistance Program."

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

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

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

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # Leave this line blank

COVID-19 Response - Oneida Nation Small Business Assistance Program

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 and the community have been negatively impacted by the COVID-19

pandemic as positive cases increase and as the economy is slowly recovering; and

WHEREAS,

the Oneida Business Committee directed the Nation’s gaming operations be closed to the

public resulting in $0 revenues supporting its operations to help stop the spread of the

virus, and the COVID-19 Core Decision Making Team (COVID-19 Team) issued Safer at

Home Declarations which closed non-essential businesses much the same as occurred

across the State of Wisconsin and the United States to slow the spread of the pandemic;

and

WHEREAS,

the COVID-19 Team recently determined that slowly reopening businesses within the

Oneida Nation Reservation (Reservation) through the Open for Business amendment to

the Updated Safer at Home declaration; and

WHEREAS,

the closure of small businesses within the Oneida Reservation for over two months as a

result of a public health state or emergency has resulted in business losses, loss of

employment wages, and possibly makes it difficult for the small business to re-open

operations; and

WHEREAS,

the Oneida Business Committee believes that a vital small business community within the

Reservation is vital to the economic vitality of the Oneida Nation and its members; and

WHEREAS,

the federal government adopted the CARES Act which included COVID-19 Relief Funding

to tribal governments; and

WHEREAS,

the Oneida Business Committee believes that adoption of a small business assistance

program utilizing the COVID-19 Relief Funding can provide the support to small businesses

that will allow their recovery and support of the Reservation economy;

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee adopts the Oneida Nation Small

Business Assistance Program as follows.

Name: Oneida Nation Small Business Assistance Program (“ONSBAP”).

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BC Resolution # _______

COVID-19 Response - Oneida Nation Small Business Assistance Program

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Purpose: ONSBAP will assist Oneida member-owned businesses within or near the Oneida Nation

Reservation impacted by the COVID-19 emergency after March 1, 2020 and before June 30, 2020, until

liquidation of the ONSBAP, or the ONSBAP is terminated through government action, whichever comes

first.

Funding: Eligible business entities may qualify for ONSBAP grant from the CRF allocated to the Oneida

Nation for this purpose.

Eligible Business: A business will be eligible for ONSBAP grant if it is: a) majority (51%) owned by enrolled

member(s) of the Oneida Nation; b) business is located within the Oneida Nation Reservation or on tribalowned land operated by 1822 Land and Development Company of Oneida, LLC; c) business can certify it

has been affected by the COVID-19 emergency and suffered a business interruption due to the same; d)

the business is organized pursuant to state business formation laws or, if not organized thereby, has filed

a Schedule C (Form 1040) as part of its 2018 and/or 2019 federal tax filing; e) business was in operation

prior to March 1, 2020; and f) business certifies it has and may produce, if requested, monthly profit and

loss statements for the year prior to March 1, 2020 or for the months it has been in business if less than a

year.

Affected by COVID-19 Emergency: A business shall be presumed affected by the COVID-19 emergency

if: a) it closed for business pursuant to a COVID-19 related government order from the Oneida Nation or

State of Wisconsin; b) it suffered reduced revenues of 5% or more after March 1, 2020 if permitted to remain

open for business after promulgation of the of the aforementioned government orders; or c) the business

was forced to close or reduce its hours of operation or provision of services due to i) employees unable to

work due to COVID-19 related matters (personally inflicted or required to care for a family member inflicted

by COVID-19), ii) revenues curtailed due to aforementioned government orders (e.g.: a restaurant limited

to only curbside service), or iii) loss of contracts for provision services due to customer/client impacted by

COVID-19 emergency.

Amount of Grant: The grant amount may be determined by the following:

Payroll costs: a) payroll costs including salary or wages of employees hired prior to March 1,

2020 and still employed or vacated position filled pursuant to ONSBAP grant; b) tips (if

customary in the line of business and based on employer records or good faith employer

estimates of tips) of employees hired prior to March 1, 2020 and still employed or vacated

position filled pursuant to ONSBAP grant, c) benefits including health care coverage and

retirement contributions in effect prior to March 1, 2020 or reinstated after vacated position

filled; and d) tax assessed on compensation of employees hired prior to March 1, 2020 and still

employed or vacated position filled pursuant to ONSBAP grant. Business owner may seek

ONSBAP grant for aforementioned costs incurred after March 1, 2020 and until June 30, 2020.

Payroll cost limitations: a) Business owners must verify employee salaries, wages, and

benefits prior to March 1, 2020; b) employees must have been employed prior to March 1, 2020

or position filled pursuant to ONSBAP grant; c) compensation shall be capped at $50,000 of

an individual employee receiving an annual salary in excess of $50,000; and d) independent

contractors or consultants contracted with the business shall not be included as a part of the

grant amount. Business owner may seek ONSBAP grant for payroll costs incurred after March

1, 2020 and until June 30, 2020.

Other business-related costs: a) utility payments for service agreements incurred before March

1, 2020; b) rent or interest on mortgage for place of business incurred before March 1, 2020.

Business owner may seek ONSBAP grant for these costs incurred after March 1, 2020 and

until June 30, 2020.

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BC Resolution # _______

COVID-19 Response - Oneida Nation Small Business Assistance Program

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10.

Post-COVID-19 emergency marketing and development: Twenty percent (20%) of items nos.

1 and 3 above. The funds allocation in this enumerated section may be used for marketing

costs, business development costs, and expenses associated with acquiring personal

protection equipment, disinfectants, signage, and other material or items to safeguard business

operations and customers.

The amount of a grant may be limited to less than the sum of nos. 1, 3, and 4 above at the

discretion of the Nation to ensure all eligible businesses have an opportunity to partake in the

ONSBAP. OSBAP grant funds may be used only for reimbursable expenses within the above

categories.

A business owner may apply for and receive an ONSBAP grant only once. The Nations

reserves the right to expand the program to permit additional rounds of application if the

member-owned small businesses exhibit a continuous need related to the COVID-19

emergency and the ONSBAP has sufficient funds for additional grants.

The maximum ONSBAP grant will not exceed $30,000.00. The grant request must be

substantiated by the requirements contained within this document and any associated laws or

procedures. All reimbursements to the applicant pursuant to the ONSBAP must be supported

by documentation of the expenses, costs, or loss.

Applicants must file for the ONSBAP no later than July 31, 2020. Applicant must seek the final

reimbursement from the ONSBAP grant no later than September 30, 2020.

Business owner will retain necessary documentation substantiating the request and use of

funds. Any grant funds not used by Eligible Business shall be returned to the Oneida Nation

by September 30, 2020.

The Oneida Nation reserves the right to audit the use of funds within two years of the awarding

of the ONSBAP grant. The Oneida Nation reserves the right to clawback all or a portion of the

ONSBAP grant made to a business if the grant funds were used for purposes other than those

listed in nos. 1, 3, and 4 above.

Documentation and Use of Documents: Business owner should be prepared to document adherence to

the above requirements prior to approval of the grant application. Requested and produced documentation

will become a part of the record associated with the ONSBAP grant and may be used by the Nation to

satisfy the Nation’s internal audits, federal data requests, federal audits, or other legal federal request

associated with CRF.

Management of ONSBAP Grant: Bay Bank will administer the ONSBAP grants. Bay Bank, in its role as

administrator, will 1) develop the application, 2) accept applications, 3) determine eligibility of the business,

4) determine amounts of the grant, and 5) other required acts to compile and complete a grant application.

Bay Bank will inform the Nation of its recommendation after review of the grant application.

The Nation, or its delegate, will make the final determination on the award the grant to the Eligible Business

upon receipt of the recommendation from Bay Bank. The Nation will transfer the necessary funds to Bay

Bank so it may award the grant to the Eligible Business on behalf of the Nation. Bay Bank will pay out the

Nation-approved grant award to the Eligible Business only after Bay Bank receives the CRF monies from

the Nation to make the aforementioned payment. The following is reiterated for clarity now and in later

review: 1) the Nation makes the final determination on the award of the grant to the Eligible Business, and

2) the Nation will transfer CRF monies to Bay Bank for each instance of a grant award payment; the Nation

will not transfer to Bay Bank a tranche of funds to be managed or otherwise controlled by Bay Bank.

Bay Bank will create an agreement executed by Bay Bank and Eligible Business that substantially meets

the requirements herein. Bay Bank will administer the grant and collect required documentation from

Eligible Business for such administration. Bay Bank shall administer the ONSBAP in accordance with the

Nation’s laws, federal, and applicable state laws. Bay Bank shall ensure its distribution and administration

conform to the CARES Act.

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COVID-19 Response - Oneida Nation Small Business Assistance Program

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BE IT FUTHER RESOLVED, the Oneida Business Committee directs the Treasurer to set up an Oneida

Nation account at BayBank in the amount of $1.2 million as funding for the program.

BE IT FURTHER RESOLVED, the Oneida Business Committee directs the Treasure to deliver to BayBank

$---- as an administrative fee to offset the cost of administering the Oneida Nation Small Business Program.

BE IT FINALLY RESOLVED, the signature of an officer of Bay Bank upon a copy of this resolution shall

be considered acceptance by Bay Bank of the terms of this program.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

COVID-19 Response - Oneida Nation Small Business Assistance Program

Summary

This resolution adopts an Oneida Nation Small Business Assistance Program to assist memberowned businesses within or near the Reservation impacted by the COVID-19 emergency.