# Oneida Business Committee (2020)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A7831e7c2e4660c8c

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Public Packet

1 of 102

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
on
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.

I.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE
A.

V.

Oneida Police Commission - Richard Van Boxtel
Sponsor: Lisa Summers, Secretary

MINUTES
A.

Approve the May 27, 2020, regular Business Committee meeting minutes
Sponsor: Lisa Summers, Secretary

Oneida Business Committee

Regular Meeting Agenda
Page 1 of 3

June 10, 2020

Public Packet

VI.

VII.

2 of 102

RESOLUTIONS
A.

Adopt resolution entitled Extension of Declaration of Public Health Emergency Until
July 12, 2020
Sponsor: Lisa Summers, Secretary

B.

Adopt resolution entitled Setting Allocation Goals for Use of COVID-19 Relief Funds
in the Cares Act
Sponsor: Trish King, Treasurer

C.

Adopt resolution entitled Process for Authorization for Use of CARES Act Covid
Relief Funds
Sponsor: Trish King, Treasurer

D.

Adopt resolution entitled COVID-19 Response - Oneida Nation Small Business
Assistance Program
Sponsor: Trish King, Treasurer

E.

Adopt resolution entitled Amendments to the Tobacco Law
Sponsor: David P. Jordan, Councilman

F.

Adopt resolution entitled Tobacco Law Penalty and Fine Schedule
Sponsor: David P. Jordan, Councilman

G.

Adopt resolution entitled InterTribal Buffalo Council Surplus Buffalo Program
Sponsor: Debbie Thundercloud, General Manager

TABLED BUSINESS
A.

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
A.

Authorize the use of a Graphic regarding Intergovernmental Agreements
Sponsor: Jo Anne House, Chief Counsel

B.

Accept the General Election safety plan
Sponsor: Lisa Summers, Secretary

C.

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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June 10, 2020

Public Packet

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REPORTS
A.

OTHER
1.

X.

EXECUTIVE SESSION
A.

B.

REPORTS
1.

Accept the Emergency Management FY-20 2nd quarter report
Sponsor: Kaylynn Gresham, Director/Emergency Management

2.

Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel

3.

Accept the General Manager report
Sponsor: Debbie Thundercloud, General Manager

TABLED BUSINESS
1.

C.

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
1.

Discuss next steps regarding legal review - Emergency Resolutions and
Declarations - COVID-19 Pandemic
Sponsor: David P. Jordan, Councilman

2.

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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June 10, 2020

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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:
1.

3.

2.

4.

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.

Page 1 of 2

Unbudgeted

Public Packet

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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;

I.

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.
1

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Regular Meeting Minutes
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May 27, 2020

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DRAFT
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.
A.

V.

Oneida Electon Board Alternates - Danielle White and Wayne Cornelius Jr.
Sponsor: Lisa Summers, Secretary

MINUTES
A.

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
B.

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

Oneida Business Committee

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DRAFT
VI.

APPOINTMENTS
A.

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
A.

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
B.

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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DRAFT
VIII.

REPORTS2
A.

APPOINTED BOARDS, COMMITTEES, COMMISSIONS
1.

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
2.

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
B.

ELECTED BOARDS, COMMITTEES, COMMISSIONS
1.

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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2.

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
3.

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
4.

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.
5.

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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DRAFT
C.

CORPORATE BOARDS

1.

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
2.

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
3.

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
4.

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
D.

STANDING COMMITTEES
1.

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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2.

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
3.

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
4.

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
E.

OTHER
1.

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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DRAFT
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
A.

REPORTS
1.

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
2.

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
3.

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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4.

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
5.

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
6.

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
B.

AUDIT COMMITTEE
1.

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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DRAFT
C.

NEW BUSINESS
1.

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.

X.

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

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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

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Oneida Nation
Post Office Box 365

Phone: (920)869-2214

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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

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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
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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

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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

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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
12
1
1
1
1
1
1
4
5
6
7

$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%

AF

$11,417,607.32

Purpose

T

$19,647,607.32

Amount Allocated

$3,417,607.32

$0.00

20%

9%
100% Total % Funding

$8,000,000.00 Programming
$8,000,000.00 Subtotal ‐ Infrastructure Housing

9

$3,000,000.00 Programming
$417,607.32 Programming
$3,417,607.32 Subtotal ‐ Community Support

10
11

D

R

AF

T

R

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.

D

1
8

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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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30 of 102

Oneida Nation
Post Office Box 365
Phone: (920)869-2214

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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

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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

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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
1

Requestor gathers appropriate
documentation for Covid Relief Fund
funding request

Requestor sends request to Covid Funding
email

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
1

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
1

Requestor gathers appropriate
documentation for Covid Relief Fund
reimbursement request

Requestor sends request to Covid Funding
email

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
1

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:
1.

3.

2.

4.

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
Page 2 of 2

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Oneida Nation
Post Office Box 365
Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # 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
Page 2 of 4

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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:
1.

2.

3.

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
Page 3 of 4

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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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BC Resolution # _______
COVID-19 Response - Oneida Nation Small Business Assistance Program
Page 4 of 4

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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.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: June 3, 2020
Analysis by the Legislative Reference Office
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
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 June 10, 2020, the Oneida Business
Committee will consider an additional extension of the Public Health State of Emergency until
July 12, 2020.
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. The Nation’s gaming operations were closed to the public
resulting in no revenues supporting its operations to help stop the spread of the virus, and the
closure of all non-essential businesses throughout the Reservation. On April 21, 2020, the COVID19 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 rePage 1 of 2

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open under certain safer business practices, and social distancing should be practiced by all
persons.
The closure of small businesses within the Oneida Reservation for over two months as a result of
this Public Health State of Emergency has resulted in business losses, loss of employment wages,
and possibly makes it difficult for the small business to re-open operations. 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.
The federal government adopted the CARES Act which included COVID-19 Relief Funding to
tribal governments. 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.
This resolution adopts the Oneida Nation Small Business Assistance Program (“ONSBAP”) for
the purpose of assisting 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. The resolution provides the following information in regard to the
ONSBAP:








purpose of the ONSBAP;
funding source of the ONSBAP;
what businesses are eligible for assistance from the ONSBAP;
explanation of how “affected by COVID-19 Emergency” will be interpreted;
the amount of a grant from the ONSBAP a business shall be eligible for;
documentation requirements for participation in the ONSBAP;
management of the ONSBAP by Bay Bank and its relationship to the final decision-making
authority and release of funds by the Nation.

This resolution also directs the Nation’s Treasurer to set up an Oneida Nation account at BayBank
in the amount of $1.2 million as funding for the program, and to deliver to BayBank funds as an
administrative fee to offset the cost of administering the Oneida Nation Small Business Program.
The resolution provides that 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.
The ONSBAP uses COVID-19 Relief funding from the CARES Act to assist small businesses
owned by a member of the Nation which have been affected by the COVID-19 pandemic. The
ONSBAP is a separate program than the loan or grant programs provided by the Nation’s Small
Business Loans law which more generally promotes Oneida economic development through the
enhancement of credit made available to members of the Nation engaged or proposing to engage
in business ventures. [5 O.C. 504.1-1].
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 Amendments to the Tobacco Law
1. Meeting Date Requested:

6

/ 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 the resolution "Amendments to the Tobacco Law"

3. Supporting Materials
Report

Resolution

Contract

Other:
1. Adoption Packet

3.

2.

4.

Business Committee signature required

4. Budget Information
Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission
Authorized Sponsor / Liaison:

David P. Jordan, Councilmember

Primary Requestor/Submitter:

Clorissa N. Santiago, LRO Senior Staff Attorney
Your Name, Title / Dept. or Tribal Member

Additional Requestor:
Name, Title / Dept.

Additional Requestor:
Name, Title / Dept.

Page 1 of 2

Unbudgeted

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

TO:
FROM:
DATE:
RE:

Oneida Business Committee
David P. Jordan, LOC Chairperson
June 10, 2020
Tobacco Law Amendments

Please find the following attached backup documentation for your consideration of the proposed
amendments to the Tobacco law:
1.
2.
3.
4.
5.
6.

Resolution: Amendments to the Tobacco Law
Statement of Effect: Amendments to the Tobacco Law
Tobacco Law Amendments Legislative Analysis
Tobacco Law Amendments (Redline)
Tobacco Law Amendments (Clean)
Tobacco Law Amendments Fiscal Impact Statement

Overview
On January 15, 2020, the Legislative Operating Committee (LOC) added the Tobacco law
amendments (“the Law”) to its Active Files List upon recommendation by the Oneida Law Office
and Oneida Retail Enterprise for emergency amendments to be made based on President Trump’s
December 20, 2019, action to sign into law an amendment to the Federal Food, Drug, and Cosmetic
Act which raised the legal age to purchase tobacco products from at least eighteen (18) to at least
twenty-one (21) years old, effective immediately. On February 26, 2020, the Oneida Business
Committee adopted the emergency amendments to the Law through resolution BC-02-26-20-A
which raised the Nation’s minimum age for the sale of cigarettes and electronic cigarettes from
eighteen (18) to twenty-one (21). These emergency amendments are set to expire on August 26,
2020.
The Legislative Operating Committee has now prepared permanent amendments to the Tobacco
law for the Oneida Business Committee’s consideration. The purpose of the Tobacco law is to
regulate the sale, possession and distribution of cigarettes within the Reservation. [1 O.C. 115.11]. This resolution adopts amendments to the Tobacco law which will:
 Provide a definition for “tobacco products” [1 O.C. 115.3-1(h)];
 Permanently change the minimum age of sale from eighteen (18) to twenty-one (21) years
old [1 O.C. 115.6-3];
 Clarify that all tobacco products, and not just cigarettes and electronic cigarettes, shall not
be sold to any person under the age of twenty-one (21) years [1 O.C. 115.6-3];
 Clarify that no person other than an authorized employee shall sell tobacco products, and
not just cigarettes and electronic cigarettes, at an Oneida retail location [1 O.C. 115.6-3];
 Clarify that the process and procedure contained in the Nation’s Citations law will govern
citations issued under this Law [1 O.C. 115.8-1(a)-(b)]; and
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Provide authority to the Oneida Business Committee to adopt through resolution a fine and
penalty schedule for citations issued as a result of a violation of this Law [1 O.C. 115.81(c)].

The Legislative Operating Committee developed the proposed amendments to the Tobacco law
through collaboration with representatives from the Oneida Law Office, Oneida Retail Enterprise,
and the Community Health Services Department.
A public meeting, in accordance with the Legislative Procedures Act, was not held for the proposed
amendments to the Tobacco law due to the COVID-19 pandemic. In early 2020 the world was hit
with a COVID-19 pandemic resulting in many countries experiencing the effects of health issues
and mortality related to COVID-19 and vast economic impacts. On March 12, 2020, Chairman
Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding COVID-19
which declared a Public Health State of Emergency for the Nation until April 12, 2020. This Public
Health State of Emergency was extended through May 12, 2020, through the adoption of resolution
BC-03-28-20-A, and then further extended until June 11, 2020, through the adoption of resolution
BC-05-06-20-A. On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued
a “Safer at Home” declaration which orders all individuals present within the Oneida Reservation
to stay at home or at their place of residence, with certain exceptions allowed. This declaration
prohibits all public gatherings of any number of people. Then on March 27, 2020, the Nation’s
COVID-19 Core Decision Making Team issued a “Suspension of Public Meetings under the
Legislative Procedures Act” declaration which suspended the Legislative Procedures Act's
requirement to hold a public meeting during the public comment period, but allows members of
the community to still participate in the legislative process by submitting written comments,
questions, data, or input on proposed legislation to the Legislative Operating Committee via e-mail
during the public comment period.
Although no public meeting for the proposed amendments to the Tobacco law was held in person,
the public comment period was still held open until May 7, 2020, for the submission of written
comments. No written comments were received during the public comment period.
Requested Action
Approve the Resolution: Amendments to the Tobacco Law

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Oneida Nation
Post Office Box 365
Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # _____________
Amendments to the Tobacco Law
WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Tobacco law (‘the Law”) was adopted by the Oneida Business Committee through
resolution BC-11-18-81-A, and then amended by resolutions BC-10-10-07-A, BC-04-0914-F, and BC-01-25-17-B; and

WHEREAS,

the purpose of the Law is to regulate the sale, possession and distribution of cigarettes
within the Reservation; and

WHEREAS,

the Oneida Business Committee adopted emergency amendments to this Law through
resolution BC-02-26-20-A in accordance with the emergency adoption process set forth in
the Legislative Procedures Act; and

WHEREAS,

the emergency amendments raised the Nation’s minimum age for the sale of cigarettes
and electronic cigarettes from eighteen (18) to twenty-one (21) years old based on
President Trump’s December 20, 2019, action to sign into law an amendment to the
Federal Food, Drug, and Cosmetic Act which raised the legal age to purchase tobacco
products from at least eighteen (18) to at least twenty-one (21) years old, effective
immediately; and

WHEREAS,

the emergency amendments to the Law are set to expire on August 26, 2020; and

WHEREAS,

the adoption of the emergency amendments on a permanent basis are necessary to remain
compliant with the Federal Food, Drug, and Cosmetic Act’s requirements; and

WHEREAS,

additional permanent amendments to the Law were made and include the addition of a
definition for tobacco products; and

WHEREAS,

the permanent amendments clarify that all tobacco products, and not just cigarettes and
electronic cigarettes, shall not be sold to any person under the age of twenty-one (21) years
old; and

WHEREAS,

the permanent amendments to the Law clarify that no person other than an authorized
employee shall sell tobacco products, and not just cigarettes and electronic cigarettes, at
an Oneida retail location; and

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BC Resolution # _______
Amendments to the Tobacco Law
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WHEREAS,

the permanent amendments to the Law clarify that the process and procedure contained
in the Nation’s Citations law will govern citations issued under this Law; and

WHEREAS,

the permanent amendments to the Law provide authority to the Oneida Business
Committee to adopt through resolution a fine and penalty schedule for citations issued as
a result of a violation of this Law; and

WHEREAS,

the Legislative Operating Committee worked collaboratively with representatives from the
Oneida Law Office, Oneida Retail Enterprise, and the Community Health Services
Department to develop the amendments to this Law; and

WHEREAS,

in accordance with the Legislative Procedures Act, a legislative analysis and fiscal impact
statement were completed for the amendments to the Law; and

WHEREAS,

a public meeting on the proposed amendments to this Law was not held in accordance
with the Legislative Procedures Act due to the COVID-19 pandemic; and

WHEREAS,

in the Spring of 2020 the world experienced the spread of the COVID-19 pandemic which
resulted in many countries experiencing the effects of health issues and mortality related
to COVID-19 and vast economic impacts; and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” regarding COVID-19 which declared a Public Health State of Emergency for
the Nation until April 12, 2020, which was then subsequently extended through June 11,
2020, through the adoption of resolutions BC-03-28-20-A and BC-05-06-20-A; and

WHEREAS,

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; and

WHEREAS,

on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a
“Suspension of Public Meetings under the Legislative Procedures Act” declaration which
suspended the Legislative Procedures Act's requirement to hold a public meeting during
the public comment period, but allows members of the community to still participate in the
legislative process by submitting written comments, questions, data, or input on proposed
legislation to the Legislative Operating Committee via e-mail during the public comment
period; and

WHEREAS,

although a public meeting was not held for the proposed amendments to this Law, the
public comment period for the amendments to this Law was held open until May 7, 2020;
and

NOW THEREFORE BE IT RESOLVED, that the amendments to the Tobacco law are hereby adopted and
shall be effective on June 24, 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
Amendments to the Tobacco Law
Summary
This resolution adopts amendments to the Tobacco law.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: May 26, 2020
Analysis by the Legislative Reference Office
The Tobacco law (“the Law”) was adopted by the Oneida Business Committee for the purpose of
regulating the sale, possession, and distribution of cigarettes within the Reservation. [1 O.C. 115.11]. The Tobacco law was most recently amended on an emergency basis through the adoption of
resolution BC-02-26-20-A for the purpose of bringing the Tobacco law in compliance with
changes to the Federal Food, Drug, and Cosmetic Act which raised the legal age to purchase
tobacco products from at least eighteen (18) to at least twenty-one (21) years old. These emergency
amendments are set to expire on August 26, 2020.
This resolution seeks permanent amendments to the Tobacco law which will:
 Provide a definition for “tobacco products” [1 O.C. 115.3-1(h)];
 Permanently change the minimum age of sale from eighteen (18) to twenty-one (21) years
old [1 O.C. 115.6-3];
 Clarify that all tobacco products, and not just cigarettes and electronic cigarettes, shall not
be sold to any person under the age of twenty-one (21) years [1 O.C. 115.6-3];
 Clarify that no person other than an authorized employee shall sell tobacco products, and
not just cigarettes and electronic cigarettes, at an Oneida retail location [1 O.C. 115.6-3];
 Clarify that the process and procedure contained in the Nation’s Citations law will govern
citations issued under this Law [1 O.C. 115.8-1(a)-(b)]; and
 Provide authority to the Oneida Business Committee to adopt through resolution a fine and
penalty schedule for citations issued as a result of a violation of this Law [1 O.C. 115.81(c)].
The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the
purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.
109.1-1]. The LPA requires that for all proposed legislation both a legislative and fiscal analysis
be developed. [1 O.C. 109.6 and 109.7]. The proposed amendments to the Tobacco law comply
with these requirements.
The LPA also requires that there be an opportunity for public review during a public meeting and
public comment period. [1 O.C. 109.8]. A public meeting for the Tobacco law amendments was
not held due to the COVID-19 pandemic. In early 2020 the world experienced a COVID-19
pandemic resulting in many countries experiencing the effects of health issues and mortality
related to COVID-19 and vast economic impacts. In accordance with the Emergency Management
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and Homeland Security law, on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of
Public Health State of Emergency” regarding COVID-19 which declared a Public Health State of
Emergency for the Nation until April 12, 2020. [3 O.C. 302.8-1].
On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the
Emergency Management and Homeland Security law to create and delegate authority to a COVID19 Core Decision Making Team (“COVID-19 Team”). [3 O.C. 302.10]. When a public health
emergency has been declared, the COVID-19 Team has the authority to declare exceptions to the
Nation’s laws, policies, procedures, regulations, or standard operating procedures during the
emergency period which will be of immediate impact for the purposes of protecting the health,
safety, and general welfare of the Nation’s community, members, and employees. [3 O.C. 302.102]. These declarations remain in effect for the duration of the Public Health State of Emergency.
[3 O.C. 302.10-3].
On March 24, 2020, the Nation’s COVID-19 Team made 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.
Then on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a
“Suspension of Public Meetings under the Legislative Procedures Act” declaration which
suspended the Legislative Procedures Act's requirement to hold a public meeting during the public
comment period, but allows members of the community to still participate in the legislative process
by submitting written comments, questions, data, or input on proposed legislation to the
Legislative Operating Committee via e-mail during the public comment period.
On March 28, 2020, the Oneida Business Committee took action to extend the Public Health State
of Emergency through May 12, 2020, through the adoption of resolution BC-03-28-20-A. Then on
May 6, 2020, the Oneida Business Committee took action to further extend the Public Health State
of Emergency through June 11, 2020, through the adoption of resolution BC-05-06-20-A.
Although a public meeting for the Tobacco law amendments was not held, the public comment
period was still held open until May 7, 2020.
Adoption of this resolution complies with the process and procedures of the LPA as it has been
modified by the COVID-19 Team’s “Suspension of Public Meetings under the Legislative
Procedures Act” declaration.
This resolution provides that the amendments to the Tobacco law would become effective on June
24, 2020, in accordance with the LPA. [1 O.C. 109.9-3].
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws. Adoption of this
resolution complies with the Legislative Procedures Act as it has been modified by the COVID19 Core Decision Making Team’s “Suspension of Public Meetings under the Legislative
Procedures Act” declaration.
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AMENDMENTS TO THE TOBACCO LAW
LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY
Intent of the
Amendments

Purpose
Affected Entities
Related Legislation
Public Meeting

Fiscal Impact

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Analysis by the Legislative Reference Office
Provide a definition for “tobacco products;”
Permanently change the minimum age of sale from eighteen (18) to twentyone (21) years old;
 Clarify that all tobacco products, and not just cigarettes and electronic
cigarettes, shall not be sold to any person under the age of twenty-one (21)
years;
 Clarify that no person other than an authorized employee shall sell tobacco
products, and not just cigarettes and electronic cigarettes, at an Oneida retail
location;
 Clarify that the process and procedure contained in the Nation’s Citations law
will govern citations issued under this Law; and
 Provide authority to the Oneida Business Committee to adopt through
resolution a fine and penalty schedule for citations issued as a result of a
violation of this Law.
The purpose of this Law is to regulate the sale, possession and distribution of
cigarettes within the Reservation [1 O.C. 115.1-1].
Oneida Retail Enterprise, Oneida Judiciary, Oneida Police Department
Oneida Personnel Policies and Procedures, Citations law
A public comment period was held open until May 7, 2020. A public meeting was
not held in accordance with the Nation’s COVID-19 Core Decision Making Team’s
declaration titled, “Suspension of Public Meetings under the Legislative Procedures
Act.”
A fiscal impact statement was provided by the Finance Department on May 26,
2020.



SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Tobacco law (“the Law”) regulates the sale, possession, and distribution of cigarettes
within the Reservation. [1 O.C. 115.1-1]. The Oneida Business Committee originally adopted this Law
on March 15, 1976. The Law was most recently amended on an emergency basis on February 26, 2020.
B. Emergency Amendments. On February 26, 2020, the Oneida Business Committee adopted emergency
amendments to the Law through resolution BC-02-26-20-A. The emergency amendment raised the
minimum age for the sale of cigarettes and electronic cigarettes from eighteen (18) to twenty-one (21)
years.
 The Oneida Business Committee is delegated the authority to temporarily enact an emergency
law where legislation is necessary for the immediate preservation of the public health, safety
or general welfare of the Reservation population and the enactment or amendment of legislation
is required sooner than would be possible by utilizing the standard legislative process. [1 O.C.
109.9-5].
 An emergency amendment to the Law was pursued based on President Trump’s December 20,
2019, action to sign into law an amendment to the Federal Food, Drug, and Cosmetic Act which
raised the legal age to purchase tobacco products to at least twenty-one (21) years old, effective

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immediately. The Oneida Retail Enterprise began implementing this change on January 1,
2020.
The Oneida Business Committee determined emergency adoption of the amendment to the Law
was necessary for the preservation of the public health and general welfare of the Reservation
population because it ensures the Nation is in compliance with federal law. Additionally, the
Oneida Business Committee found that observance of the requirements under the Legislative
Procedures Act for adoption of this amendment would be contrary to public interest.
The emergency amendment to the Law will expire on August 26, 2020. The Legislative
Procedures Act allows a one-time emergency law extension of up to six (6) months. [1 O.C.
109.9-5(b)].

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments of the Nation participated in the development of this
Law and legislative analysis:
 Oneida Retail Enterprise;
 Community Health Services Department; and
 Oneida Law Office.
B. The following laws of the Nation were reviewed in drafting this analysis:
 Oneida Personnel Policies and Procedures; and
 Citations law.

SECTION 4. PROCESS

A. Thus far, this Law has followed the process set forth in the Legislative Procedures Act.
 The Tobacco law emergency amendments was added to the Legislative Operating Committee’s
Active Files List on January 15, 2020.
 The Oneida Business Committee adopted the emergency amendments on February 26, 2020,
through the adoption of resolution BC-02-26-20-A.
 The emergency amendments will expire on August 26, 2020.
 A public comment period for the proposed amendments was held open until May 7, 2010.
 A fiscal impact statement was provided by the Finance Department on May 26m, 2020.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of these amendments:
 January 30, 2020: Work meeting with LOC and Oneida Law Office.
 March 2, 2020: Work meeting with Oneida Retail Enterprise and Community Health Services
Department.
 March 4, 2020: Work meeting with LOC.
 April 9, 2020: Work meeting with LOC.
 May 7, 2020: Work meeting with LOC.
 May 21, 2020: Work meeting with LOC.
C. COVID-19 Pandemic’s Effect on the Legislative Process. A public meeting for the proposed
amendments to this Law was not held due to the COVID-19 pandemic, but a public comment period
was still held open.
 On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the
Nation until April 12, 2020, and set into place the necessary authority for action to be taken
and allows the Nation to seek reimbursement of emergency management actions that may result
in unexpected expenses.
 On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at
Home” declaration which orders all individuals present within the Oneida Reservation to stay

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at home or at their place of residence, with certain exceptions allowed. This declaration
prohibits all public gatherings of any number of people.
Then on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a
“Suspension of Public Meetings under the Legislative Procedures Act” declaration which
suspended the Legislative Procedures Act's requirement to hold a public meeting during the
public comment period, but allows members of the community to still participate in the
legislative process by submitting written comments, questions, data, or input on proposed
legislation to the Legislative Operating Committee via e-mail during the public comment
period.
On March 28, 2020, the Oneida Business Committee adopted resolution BC-03-28-20-A titled,
“Extension of March 12th Declaration of Public Health State of Emergency” which extended
the Nation’s Public Health State of Emergency declaration until May 12, 2020.
On May 6, 2020, the Oneida Business Committee adoption resolution BC-05-06-20-A titled,
“Extension of Declaration of Public Health State of Emergency Until June 11, 2020” which
further extended the Nation’s Public Health State of Emergency until June 11, 2020.
Although a public meeting was not held on the proposed amendments to the Tobacco law, a
public comment period was still scheduled. A notice for the Tobacco law public comment
period, with an explanation that only written submissions of comments or questions would be
accepted, was published in the April 3, 2020, Kalihwisaks edition and posted to the Oneida
Register.
The public comment period was held open until May 7, 2020. No written comments were
received during the public comment period.

SECTION 5. CONTENTS OF THE AMENDMENTS

A. Definition of Tobacco Products. The proposed amendments add a definition for “tobacco products”
to the Law. [1 O.C. 115.3-1(h)]. Previously, the Law only defined and referenced “cigarettes” and
“electronic cigarettes” and was silent as to other tobacco products. The Oneida Retail Enterprise uses
the same minimum age for the sale of tobacco products as cigarettes and electronic cigarettes, the Law
just did not reflect this practice.
 Effect. The addition of the definition and reference to tobacco products better reflects the
Oneida Retail Enterprise’s current practice and informs the reader that tobacco products are
treated in the same manner as cigarettes and electronic cigarettes.
B. Minimum Age of Sale. The proposed amendments provide that cigarettes, electronic cigarettes, and/or
other tobacco products shall not be sold to any person under the age of twenty-one (21). [1 O.C. 115.63]. Prior to the adoption of the emergency amendments, the Law only stated that cigarettes and
electronic cigarettes shall not be sold to any person under the age of eighteen (18).
 Effect. This proposed amendment permanently adopts the emergency amendment which raised
the minimum age of sales of cigarettes and electronic cigarettes from eighteen (18) to twentyone (21). This amendment also clarifies that the minimum age for the sale of tobacco products
is twenty-one (21). Although the current version of the Law does not reference tobacco
products other than cigarettes and electronic cigarettes, this amendment reflects the Oneida
Retail Enterprise’s current practice.
C. Sale by Authorized Employees Only. The proposed amendments provide that no person other than an
authorized employee shall sell cigarettes, electronic cigarettes, and/or other tobacco products at an
Oneida retail location. [1 O.C. 115.6-3]. Previously, the Law only referenced cigarettes and electronic
cigarettes in this section.
 Effect. This amendment clarifies that the restriction of sales to authorized employees applies
to the sale of tobacco products at Oneida retail locations. Although the current version of the
Law does not reference tobacco products other than cigarettes and electronic cigarettes, this
amendment reflects the Oneida Retail Enterprise’s current practice.

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D. Citations Issued for Violations of this Law. The proposed amendments provide that an individual who
violates a provision of this Law may be issued a citation by the Oneida Police Department. [1 O.C.
115.8-1]. The Law goes on to provide that citations, which may include fines and other penalties, shall
be processed in accordance with the procedure contained in the Nation’s laws and policies governing
citations. [1 O.C. 115.8-1(a)-(b)]. The proposed amendments also delegate authority to the Oneida
Business Committee to adopt through resolution a fine and penalty schedule for citations issued as a
result of a violation of this Law. [1 O.C. 115.8-1(c)]. Previously, the Law provided that violators subject
to the jurisdiction of the Nation shall be subject to a fine of not more than ten dollars ($10) per pack of
unstamped cigarettes to be issued by the Oneida Police Department and paid to the Nation. The Law
also previously provided that all fines assessed shall be paid within sixty (60) days of issuance of the
citation, unless the person contests the citation with the Nation’s judicial system before the fine is to be
paid.
 Adoption of a Citations Law. In February 2020, the Oneida Business Committee adopted a
Citations law for the purpose of providing a consistent process that governs all citations that
fall under the jurisdiction of the Oneida Nation. [8 O.C. 807.1-1].
 Effect. The proposed amendments better clarify that the process and procedure contained in
the Nation’s Citations law will govern citations issued under this Law. The proposed
amendment’s removal of language specific to fines and penalties from the Law to instead be
placed into a resolution containing a fine and penalty schedule is also consistent with the
Nation’s recent legislative drafting practices.

SECTION 6. EFFECT ON EXISTING LEGISLATION

A. Reference to other Laws of the Nation. The following laws of the Nation are referenced in this Law:
 Oneida Personnel Policies and Procedures. This Law provides that an employee who violates
this Law shall be subject to disciplinary action in accordance with the Nation’s laws and
policies governing employment. [1 O.C. 115.8-2(b)].
 The Oneida Personnel Policies and Procedures is the Nation’s law which governs
employment. The Oneida Personnel Policies and Procedures provides the process for
handling complaints, disciplinary actions, and grievances. [Section V.D.].
 A supervisor would have to follow the disciplinary action procedure contained in the
Oneida Personnel Policies and Procedures to hold an employee accountable for a
violation of this Law.
 Citations law. This Law provides that a citation for a violation of this Law shall be processed
in accordance with the procedure contained in the Nation’s laws and policies governing
citations.
 The Citations law is the Nation’s law governing citations. The Citations law provides
how a citation action is started – such as who has the authority to issue a citation, the
requirements of the form of the citation, and how a citation is served and filed;
stipulations for the settlement of a citation; and the citation hearing procedures. [8 O.C.
807].
 Any citations issued by the Oneida Police Department for a violation of this Law must
comply with the requirements and procedures of the Citations law.

SECTION 7. ENFORCEMENT AND ACCOUNTABILITY

A. Enforcement. This Law is enforced in the following ways:
 Procedures and Policies. The Oneida Retail Enterprise is the entity responsible for carrying
out the process, procedures, and responsibilities of this Law.
 Issuance of a Citation. The Oneida Police Department is authorized to issue a citation for a
violation of this Law. [1 O.C. 115.8-1].

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 Seizure of Unstamped Cigarettes. The Oneida Police Department is authorized to seize any
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cigarettes acquired, owned, possessed, sold, or distributed in violation of this Law. [1 O.C.
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115.8-2(a)].
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 Disciplinary Action. A supervisor may utilize disciplinary action in accordance with the
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Oneida Personnel Policies and Procedures for any employee who violates this Law. [1 O.C.
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115.8-2(b)].
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SECTION 8. OTHER CONSIDERATIONS
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A. Timeframe for Permanent Adoption of Amendments. The emergency amendments to this Law, as
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adopted by the Oneida Business Committee through resolution BC-02-26-20-A, will expire on August
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26, 2020. The Legislative Procedures Act allows a one-time extension of up to an additional six (6)
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months. [1 O.C. 109.9-5(b)]. This means that the Legislative Operating Committee has until February
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21, 2021, at the latest to adopt these permanent amendments to this Law before the emergency
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amendments expire.
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B. Fine and Penalty Schedule. This Law provides that the Oneida Business Committee shall hereby be
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delegated the authority to adopt through resolution a fine and penalty schedule for citations issued as a
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result of a violation of this Law. [1 O.C. 115.8-1(c)]. The fine and penalty schedule resolution for the
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Tobacco law is currently under development. The Legislative Operating Committee intends to bring
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this proposed fine and penalty schedule resolution to the Oneida Business Committee at the time these
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amendments are up for adoption.
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C. Fiscal Impact. A fiscal impact statement was provided by the Finance Department on May 26, 2020.
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 Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation
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except emergency legislation. [1 O.C. 109.6-1].
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 A fiscal impact statement shall be submitted by agencies as directed by the Legislative
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Operating Committee and may be prepared by any agency who may receive funding if the
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legislation is enacted; who may administer a program if the legislation is enacted; who may
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have financial information concerning the subject matter of the legislation; or by the Finance
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Office, upon request of the Legislative Operating Committee. [1 O.C. 109.6-1(a and b)].
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Draft 1 for OBC Consideration (Redline to Last Permanent)
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Title 1. Government and Finances - Chapter 115
Oy&=kwa> Olihw@=ke
matters concerning tobacco
TOBACCO
Oy&=kwa> Olihw@=ke
matters concerning tobacco

115.1. Purpose and Policy
115.2. Adoption, Amendment, Repeal
115.3. Definitions
115.4. Oneida Retail Locations

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115.5. Purchase of, Title to And Possession of Tobacco Products
115.6. Restrictions on Sales
115.7. Liability
115.8. Violations

115.1. Purpose and Policy
115.1-1. Purpose. The purpose of this law is to regulate the sale, possession, and distribution of
cigarettes within the Reservation.
115.1-2. Policy. It is the policy of the Nation to ensure that all cigarette sales on the Reservation
are conducted in a lawful manner.
115.2. Adoption, Amendment, Repeal
115.2-1. This law was adopted by the Oneida Business Committee by resolution BC- 11-18-81A and amended by resolution BC-10-10-07-A, BC-04-09-14-F, and BC-01-25-17-B., and BC-____-__-__.
115.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
115.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
115.2-4. 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.
115.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
115.3. Definitions
115.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective
of size, shape and irrespective of the tobacco being flavored, adulterated, or mixed with
any other ingredient, where such roll has a wrapper or cover made of paper or any material,
except where such wrapper is wholly or in the greater part made of natural leaf tobacco in
its natural state.
(b) “Electronic cigarette” means a device that enables a person to ingest nicotine, or other
chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and
other products used to refill the device. “Electronic cigarette” shall not include any device
that is prescribed by a healthcare professional.
(c) “Employee” means a person employed by the Oneida Nation working in an Oneida
retail location.
(d) “Nation” means the Oneida Nation.
(e) “Oneida Retail Location” means an Oneida Nation retail sales business selling stamped
cigarettes within the Oneida Nation Reservation.
1 O.C. 115 – Page 1

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(f) “Reservation” means all land 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 land added thereto pursuant to federal law

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A7831e7c2e4660c8c. Public record. Not legal advice.