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Oneida Nation
Post Office Box 365
Oneida, WI 54155
Phone: (920)869-2214
BC Meeting Materials January 25, 2017
Open Session
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 65 pages are the Open Session meeting materials presented at a meeting
duly called, noticed and held on the 25th day of January, 2017.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
Open Packet
Page 1 of 636
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, January 24, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, January 25, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/
I. CALL TO ORDER AND ROLL CALL
II. OPENING
A. Presentation of Wisconsin Public Service Foundation $5,000 award and WE Energies
$5,000 award to Oneida Youth Leadership(78-71) to assist with Junior Golf Clinic-LPGA
Sponsor:
Trish King, Tribal Treasurer
B. Special Recognition for Retirement and Years of Service – Don Denny
Sponsor:
p. 12
Michele Doxtator, Area Manager/Retail Profits
C. Special Recognition for years of service – Twenty (20) Oneida Nation employees
Sponsor:
pp. 10-11
pp. 13-15
Geraldine Danforth, Area Manager/Human Resources Department
III. ADOPT THE AGENDA
pp. 1-9
IV. MINUTES
A. Approve January 11, 2017, regular and January 13, 2017 reconvened meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
Oneida Business Committee Regular Meeting Agenda of January 25, 2017
Page 1 of 9
pp. 16-49
Open Packet
Page 2 of 636
V. RESOLUTIONS
A. Adopt resolution entitled Extending the Appointment of Agent for Oneida Seven
Generations Corporation Until Such Time as Dissolution is Completed
Sponsor:
Lisa Summers, Tribal Secretary
B. Adopt resolution entitled Tobacco Amendments
Sponsor:
pp. 92-118
Brandon Stevens, Councilman/Chair of Legislative Operating Committee
E. Adopt resolution entitled Per Capita Amendments
Sponsor:
pp. 67-91
Brandon Stevens, Councilman/Chair of Legislative Operating Committee
D. Adopt resolution entitled Hunting, Fishing, and Trapping Amendments
Sponsor:
pp. 53-66
Brandon Stevens, Councilman/Chair of Legislative Operating Committee
C. Adopt resolution entitled Landlord-Tenant Law Emergency Amendments
Sponsor:
pp. 50-52
pp. 119-148
Brandon Stevens, Councilman/Chair of Legislative Operating Committee
VI. STANDING COMMITTEES
A. Legislative Operating Committee
Chair: Brandon Stevens, Councilman
1. Accept December 21, 2016, Legislative Operating Committee meeting minutes
pp. 149-151
2. Accept January 4, 2017, Legislative Operating Committee meeting minutes
pp. 152-156
3. Review Division of Land Management & Oneida Land Commission rules regarding
Foreclosure Law; Landlord-Tenant Law; and Real Property Law
pp. 157-217
B. Finance Committee
Chair: Trish King, Tribal Treasurer
1. Approve January 16, 2017, Finance Committee meeting minutes
pp. 218-222
C. Community Development Planning Committee
Chair: Melinda J. Danforth, Tribal Vice-Chairwoman
1. Accept Community Development Planning Committee FY ’16 4th quarter report
pp. 223-225
EXCERPT FROM JANUARY 11, 2017: Motion by Fawn Billie to defer the Community
Development Planning Committee FY ’16 4th quarter report to the January 25, 2017, regular
Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously.
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
D. Quality of Life Committee
Chair: Fawn Billie, Councilwoman
1. Accept December 8, 2016, Quality of Life Committee meeting minutes
Oneida Business Committee Regular Meeting Agenda of January 25, 2017
Page 2 of 9
pp. 226-228
Open Packet
Page 3 of 636
VII. NEW BUSINESS
A. Approve Memorandum of Agreement – Oneida Nation and U.S. Environmental Protection
Agency – Toxic Release Inventory (TRI) Data Exchange – contract # 2017-0001
Sponsor:
Patrick Pelky, Division Director/Environmental Health & Safety
pp. 229-238
B. Accept Constitutional Amendments Team report; and request the team to provide closeout report at the March 22, 2017, regular Business Committee meeting
Sponsors:
Melinda J. Danforth, Tribal Vice-Chairwoman; Lisa Summers, Tribal Secretary
C. Accept status update on the Emergency Food Pantry implementation
Sponsors:
pp. 250-251
Lisa Summers, Tribal Secretary; Trish King, Tribal Treasurer
D. Review concern # 2017-CC-03 regarding Emergency Food Pantry denial letter and SOPs
Sponsor:
pp. 239-249
pp. 252-258
Tina Danforth, Tribal Chairwoman
E. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Approved procedural exceptions to the Ticket Distribution SOP; and to hold a random
drawing on January 5, 2017, for the purpose of distributing fifty (50) Green Bay
Packers Wild Card Game tickets
Requestor: Lisa Summers, Tribal Secretary
pp. 259-275
VIII. TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Vice-Chairwoman Melinda J. Danforth – Bemidji Area Indian
Health Services Annual Tribal Budget Formulation meeting – Bloomington, MN –
December 6-8, 2016
pp. 276-278
B. TRAVEL REQUESTS
1. Approve travel request – Councilman Tehassi Hill – 2017 Tribal Environmental
Program Management conference – Chicago, IL – April 3-5, 2017
pp. 279-284
2. Approve travel request – Secretary Lisa Summers – 2017 Crimes Against Children in
Indian Country conference – Carlton, MN – April 24-27, 2017
pp. 285-290
IX. REPORTS (This section the agenda is scheduled to begin at 1:30 p.m.)
A. UNFINISHED REPORTS
1. Accept Comprehensive Health Division FY ’16 4th quarter report
(1:30 p.m.-1:40 p.m.)
Sponsors: Debra Danforth, Division Director/Comprehensive Health Operations; Dr.
Ravinder Vir, Medical Director/Medical Operations
Oneida Business Committee Regular Meeting Agenda of January 25, 2017
Page 3 of 9
pp. 291-313
Open Packet
Page 4 of 636
EXCERPT FROM JANUARY 11, 2017: (1) Motion by Tehassi Hill to defer the Comprehensive
Health Division FY ’16 4th quarter report to the January 25, 2017, regular Business Committee
meeting, seconded by Trish King. Motion carried unanimously. (2) Motion by Tehassi Hill to
request the Tribal Secretary to send notice to the Comprehensive Health Division Directors
requesting somebody be present to represent their report at the January 25, 2017, regular
Business Committee meeting.
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.;
and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting…, seconded by Melinda J. Danforth. Motion carried unanimously.
EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to defer the
Comprehensive Health Division FY ’16 4th quarter report to the December 14, 2016, seconded
by David Jordan. Motion carried unanimously.
2. Accept Oneida Seven Generations Corporation FY ’16 4th quarter report
pp. 314-316
(1:40 p.m.-1:50 p.m.)
Agent:
Pete King III
Chair:
Tina Danforth, Tribal Chairwoman
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.;
and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting…, seconded by Melinda J. Danforth. Motion carried unanimously.
3. Accept Personnel Commission FY ’16 4th quarter report
pp. 317-337
(1:50 p.m.-2:00 p.m.)
Chair:
Yvonne Jourdan
Liaison Alternate: David Jordan, Councilman
EXCERPT FROM JANUARY 11, 2017: Motion by David Jordan to defer the Personnel
Commission FY ’16 4th quarter report to the January 25, 2017, regular Business Committee
meeting, seconded by Jennifer Webster. Motion carried unanimously.
B. OPERATIONAL REPORTS
1. Accept Comprehensive Health Division FY ’17 1st quarter report
pp. 338-381
(2:00 p.m.-2:20 p.m.)
Sponsors: Debra Danforth, Division Director/Comprehensive Health Operations; Dr.
Ravinder Vir, Medical Director/Medical Operations
2. Accept Development Division FY ’17 1st quarter report
pp. 382-406
(2:20 p.m.-2:40 p.m.)
Sponsors: Troy Parr, Interim Assistant Division Director/Development; Jacque Boyle,
Interim Assistant Division Director/Development Operations
3. Accept Governmental Services Division FY ’17 1st quarter report
(2:40 p.m.-3:00 p.m.)
Sponsor: Elizabeth Somers, Division Director/Governmental Services
Oneida Business Committee Regular Meeting Agenda of January 25, 2017
Page 4 of 9
pp. 407-448
Open Packet
Page 5 of 636
X. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC
Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card)
A. Petitioner Edward Delgado: Oneida panel of educators and retention of kindergarten
students
1. Accept legal analysis
Sponsor:
p. 449
Jo Anne House, Chief Counsel
EXCERPT FROM JANUARY 13, 2017: (1) Motion by Lisa Summers to accept the legislative
analysis, seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to
accept the verbal update regarding the legal analysis for January 13, 2017, noting that the complete
analysis will be provided at the January 25, 2017, regular Business Committee meeting, seconded
by Brandon Stevens. Motion carried unanimously. (3) Motion by Lisa Summers to accept the
update regarding the financial analysis, seconded by Fawn Billie. Motion carried unanimously.
EXCERPT FROM OCTOBER 26, 2016: Motion by Lisa Summers to direct the Law, Finance, and
Legislative Reference Offices to submit their analyses within sixty (60) days; and that a progress
report be submitted within forty-five (45) days, seconded by David Jordan. Motion carried
unanimously.
B. Approve March 19, 2017, special General Tribal Council meeting materials
Sponsor:
pp. 450-623
Lisa Summers, Tribal Secretary
C. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Approval of using the alternate General Tribal Council meeting date of Monday,
February 13, 2017, for the Annual General Tribal Council meeting
Requestor: Lisa Summers, Tribal Secretary
pp. 624-636
XI. EXECUTIVE SESSION
A. REPORTS
1. Accept Oneida Airport Hotel Corporation FY ’17 1st quarter report
pp. 637-648
(8:30 a.m.-9:00 a.m.)
Agent:
Janice Hirth-Skenandore
Liaison:
Trish King, Tribal Treasurer
2. Accept Oneida Golf Enterprise FY ’17 1st quarter report
pp. 649-656
(9:00 a.m.-9:30 a.m.)
Agent:
Janice Hirth-Skenandore
Liaison:
Trish King, Tribal Treasurer
3. Accept Bay Bancorporation, Inc. FY ’17 1st quarter report
(9:30 a.m.-10:00 a.m.)
President: Jeff Bowman
Liaison:
Tina Danforth, Tribal Chairwoman
(Break scheduled from 10:00 a.m.-10:15 a.m.)
Oneida Business Committee Regular Meeting Agenda of January 25, 2017
Page 5 of 9
pp. 657-669
Open Packet
Page 6 of 636
4. Accept Oneida ESC Group, LLC. FY ’17 1st quarter report
pp. 670-674
(10:15 a.m.-10:45 a.m.)
Chair:
Jackie Zalim
Liaison:
Tehassi Hill, Councilman
5. Accept Oneida Total Integrated Enterprises, LLC. FY ’17 1st quarter report
pp. 675-681
(10:45 a.m.-11:15 a.m.)
Interim Chair: Jackie Zalim
Liaison:
Tehassi Hill, Councilman
6. Accept Oneida Seven Generations Corporation FY ’17 1st quarter report
pp. 682-687
(11:15 a.m.-11:45 a.m.)
Agent:
Pete King III
Liaison:
Tina Danforth, Tribal Chairwoman
a. Accept Oneida Seven Generations Corporation FY ’16 4th quarter report
Agent:
Pete King III
Chair:
Tina Danforth, Tribal Chairwoman
pp. 688-693
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting…, seconded by Melinda J. Danforth. Motion carried unanimously.
7. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager
pp. 694-770
(This item is scheduled to begin at 1:30 p.m.)
8. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
9. Accept Chief Counsel report – Jo Anne House, Chief Counsel
pp. 771-782
p. 783
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise – Ladies Professional Golf Association update
Sponsor:
pp. 784-799
Trish King, Tribal Treasurer
C. AUDIT COMMITTEE
Chair: Tehassi Hill, Councilman
1. Accept Audit Committee FY ’17 1st quarter report
pp. 800-802
(11:45 a.m.-12:00 p.m.)
Chair:
Tehassi Hill, Councilman
2. Accept December 15, 2016, Audit Committee meeting minutes
pp. 803-807
3. Approve audit entitled Title 31 Compliance; and lift confidentiality requirement to allow
Tribal Members to view the audit
pp. 808-818
4. Approve audit entitled Oneida Minors Trust Fund; and lift confidentiality requirement
to allow Tribal Members to view the audit
pp. 819-836
5. Approve audit entitled Gaming Contracts; and lift confidentiality requirement to allow
Tribal Members to view the audit
Oneida Business Committee Regular Meeting Agenda of January 25, 2017
Page 6 of 9
pp. 837-863
Open Packet
Page 7 of 636
6. Approve audit entitled Parimutuel Wagering; and lift confidentiality requirement
to allow Tribal Members to view the audit
pp. 864-880
7. Approve audit entitled Ultimate Texas Hold’em; and lift confidentiality requirement
to allow Tribal Members to view the audit
pp. 881-896
8. Approve audit entitled Cage/Vault Compliance; and lift confidentiality requirement
to allow Tribal Members to view the audit
pp. 897-908
9. Approve audit entitled Complimentary Items and Services; and lift confidentiality
requirement to allow Tribal Members to view the audit
pp. 909-915
10. Approve audit entitled Blackjack Rules of Play; and lift confidentiality requirement to
allow Tribal Members to view the audit
pp. 916-934
11. Approve audit entitled Higher Education Performance Assurance; and lift
confidentiality requirement to allow Tribal Members to view the audit
pp. 935-945
12. Approve audit entitled Retail Open Road Rewards Program; and lift confidentiality
requirement to allow Tribal Members to view the audit
pp. 946-951
13. Approve audit entitled Surveillance Compliance ; and lift confidentiality requirement to
allow Tribal Members to view the audit
pp. 952-968
14. Approve audit entitled Bingo Compliance; and lift confidentiality requirement to allow
Tribal Members to view the audit
pp. 969-988
15. Approve audit entitled Slots Compliance; and lift confidentiality requirement to allow
Tribal Members to view the audit
pp. 989-1020
16. Approve audit entitled Player Tracking Compliance; and lift confidentiality requirement
to allow Tribal Members to view the audit
pp. 1021-1027
17. Approve audit entitled Information Technology Compliance; and lift confidentiality
requirement to allow Tribal Members to view the audit
pp. 1028-1048
18. Approve audit entitled Drop & Count Compliance; and lift confidentiality requirement
to allow Tribal Members to view the audit
pp. 1049-1092
19. Approve audit entitled Drop & Count (Class II Poker & Kiosk) Compliance; and lift
confidentiality requirement to allow Tribal Members to view the audit
pp. 1093-1112
D. UNFINISHED BUSINESS
1. Accept transition plan update regarding Surveillance System Replacement Project
pp. 1113-1115
(This item is scheduled at 3:30 p.m.)
Sponsor: Joanie Buckley, Division Director/ Internal Services
EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to accept the transition plan
from Internal Services/MIS Department regarding Surveillance System Replacement Project,
seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to direct
that an internal team be established from a minimum of MIS Department, Oneida Police
Department, Gaming Commission and Security, and Purchasing Department to develop a full
transition plan for the Operations based on the recommendations provided in the report; and
to request an update on the progress be brought back to a regular Business Committee
Oneida Business Committee Regular Meeting Agenda of January 25, 2017
Page 7 of 9
Open Packet
Page 8 of 636
meeting in six (6) months which would be January of 2017, seconded by Jennifer Webster.
Motion carried unanimously.
EXCERPT FROM APRIL 27, 2016: Motion by David Jordan to accept the update from the
Gaming Commission, Retail, Finance, and Gaming regarding Surveillance System
Replacement Project and to request that the agreed upon action plan be placed in writing and
signed by all affected parties, seconded by Tehassi Hill. Motion carried unanimously.
EXCERPT FROM APRIL 13, 2016: (1) Motion by Lisa Summers to request that the team
working on this item meet and collaborate on how to proceed and bring back this item to the
April 27, 2016, regular Business Committee meeting for an update, seconded by Jennifer
Webster. Motion carried unanimously. (2) Motion by Lisa Summers to defer a policy
development on this issue to the Internal Services/MIS Department to bring back a
recommendation on a transition plan which moves the Nation towards a long-term systems
alignment and for this draft plan to be brought back to the July 13, 2016, regular Business
Committee meeting, seconded by Fawn Billie. Motion carried unanimously. (3) Motion by David
Jordan to request all the teams that were to be brought together and put under one team for a
RFP to be vetted out and be transparent, seconded by Lisa Summers. Motion carried
unanimously.
2. Accept verbal update and approve extension regarding complaint # 2016-DR06-06
pp. 1116-1117
Sponsors: Brandon Stevens, Councilman; Melinda J. Danforth, Tribal Vice-Chairwoman;
Fawn Billie, Councilwoman
EXCERPT FROM NOVEMBER 23, 2016: Motion by Jennifer Webster that the Business
Committee determined that there is merit to complaint # 2016-DR06-06; and assigns
Councilman Brandon Stevens, Vice-Chairwoman Melinda J. Danforth, and Councilwoman
Fawn Billie to investigate the complaint, seconded by Brandon Stevens. Motion carried
unanimously.
3. Accept update regarding complaint # 2016-DR11-01
pp. 1118-1119
Sponsors: Trish King, Tribal Treasurer; Jennifer Webster, Councilwoman; Lisa Summers,
Tribal Secretary
EXCERPT FROM NOVEMBER 23, 2016: Motion by Jennifer Webster to deem complaint #
2016-DR11-01 as having merit; and to assign Treasurer Trish King, Councilwoman Jennifer
Webster, and Secretary Lisa Summers to investigate the complaint, seconded by David
Jordan. Motion carried unanimously.
4. Accept update regarding complaint # 2016-DR14-01
pp. 1120-1121
Sponsors: Trish King, Tribal Treasurer; Jennifer Webster, Councilwoman; Lisa Summers,
Tribal Secretary
EXCERPT FROM NOVEMBER 23, 2016: Motion by Jennifer Webster to deem complaint #
2016-DR14-01 as having merit; and to assign Treasurer Trish King, Councilwoman Jennifer
Webster, and Secretary Lisa Summers to investigate the complaint, seconded by David
Jordan. Motion carried unanimously.
E. NEW BUSINESS
1. Determine next steps regarding Culture & Language reorganization
pp. 1122-1123
(This item is scheduled at 2:30 p.m.)
Sponsor: Lisa Summers, Tribal Secretary
2. Approve Sovereign Financial LLC. – Confidentiality Agreement – contract
# 2017-0007
Sponsor: Larry Barton, Chief Financial Officer
Oneida Business Committee Regular Meeting Agenda of January 25, 2017
Page 8 of 9
pp. 1124-1129
Open Packet
Page 9 of 636
3. Adopt resolution entitled Resolution to Adopt Name Change Amendments to the
Governmental and Enterprise 401(k) Plans; and signing of corresponding
documents
Sponsor: Larry Barton, Chief Financial Officer
pp. 1130-1139
4. Accept update regarding meeting with Menominee Nation representatives on Back
Forty Mine
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
pp. 1140-1153
5. Accept update regarding DR12 and determine next steps
pp. 1154-1158
Sponsor:
Lisa Summers, Tribal Secretary
6. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
a. Approved attorney contract - # 2016-1426
Requestor:
Jo Anne House, Chief Counsel
pp. 1159-1172
XII. ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 3:30 p.m., Friday, January 20, 2017, pursuant
to the Open Records and Open Meetings Law, section 7.17-1.
The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official
website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 2362214.
Oneida Business Committee Regular Meeting Agenda of January 25, 2017
Page 9 of 9
Open Packet
Page 10 of 636
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
01
I 25 I 17
2. General Information:
Session: !g) Open D Executive - See instructions for the applicable laws, then choose one:
Agenda Header:
!Announcement/Recognition
!g) Accept as Information only
D Action - please describe:
Presentation of Wisconsin Public Service Foundation check in the amount of $5,000 and WE ENERGIES check
in the amount of $5,000 to the Oneida Youth Leadership (78-71) to assist with Junior Golf Clinic-LPGA.
3. Supporting Materials
D Report
D Resolution
D Contract
D Other:
r-----------------------~
1.L_________________________~
3.L__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2.L__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~
4.L__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
~
~
D Business Committee signature required
4. Budget Information
D Budgeted -Tribal Contribution
D Budgeted- Grant Funded
D Unbudgeted
5. Submission
Authorized Sponsor I Liaison:
LIT_ri_sh_K_in-=g::...,T_r_ib.....a_lr. . .r.....e.....
as'-'u.....re:__r_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ j
Primary Requestor/Submitter:
Janice Skenandore- Hirth, OGE Agent
Your Name, Title I Dept. or Tribal Member
Additional Requestor:
Name, Title I Dept.
Additional Requestor:
Name, Title I Dept.
Page 1 of2
Open Packet
Page 11 of 636
Wisconsin Public Service Foundation
700 North Adams Street
P.O. Box 19001
Green Bciy, WI 54307-9001
December 2, 2016
Oneida Youth Leadership
Kelly McAnally
4470 N. Pine Tree Road
Oneida, WI 54155
Dear Kelly:
Wisconsin Public Service Foundation is pleased to make a donation of $5,000 to assist with
the Junior Golf Clinic-LPGA. We are making this contribution because we believe your
organization benefits our community, and because we have a long history.of supporting
worthwhile programs that better the lives of our neighbors.
I understand the project may take time to complete, but would appreciate updates when
appropriate.
When releasing or publishing information about this contribution, please refer to our name
as "Wisconsin Public Service Foundation." A logo is also available upon request.
Sincerely,
Karmen Lemke
Foundation Administrator
KMLemke@wisconsinpublicservice.com
(920) 433-1433
En c.
Open Packet
Page 12 of 636
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
1 / 11 / 17 1 / 25 / 17
=============
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Announcement/Recognition
Accept as Information only
Action - please describe:
Recognition of Don Denny's years of service as he retires from Oneida Retail. Don's last day was on
December 30th.
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:
Michele Doxtator, Area Manager/Retail Profits
Primary Requestor/Submitter:
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 13 of 636
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
01 / 25 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Annoucement/Recognition
Accept as Information only
Action - please describe:
Presentation of Years of Service Certificates to twenty (20) employees by their immediate supervisor along
with the Business Committee.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. List of employees to be recognized
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Geraldine R. Danforth, HRD Area Manager
Primary Requestor:
Maureen Metoxen, Exec Assist
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 14 of 636
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
HRD coordinates efforts on a quarterly basis, with all supervisors and the Business Committee to recognize
employees who have reached the 25+ years milestone. With the assistance from each supervisor, HRD will create
the certificate to be presented to the Years of Service recipient.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Open Packet
Page 15 of 636
1ST QUAR.TER 201?
Supervisor Name
Name
,.A_DOH
Response
Years
DANFORTH,PAUL F
COTTRELL,SCOTT D
Oct 1, 1991
25
SCHOEN,LAWRENCE L
BRAATEN,BLAIR A
Oct 8, 1991
25
WILLIAMS,LOUIS J
BARBER,ANITA F
Oct 9, 1991
. 25
KING,APRIL L
CORNELIUS,JR,RONALD
Oct 17, 1991
25
BAUMGART,EDMUND J
MELCHERT,ROSE M
Oct 21, 1991
25
DANFORTH,MELINDA K
DANFORTH,GERALDINE R
Oct 22, 1991
25
PALUCH, DAVID
KRIESCHER,MARI J
Oct 29, 1991
25
WILSON,DONALD 0
LALUZERNE,KIM A
Nov 5, 1991
25
CLOSE,ALVIRA N
NINHAM,TIMOTHY D
Nov 24, 1991
25
SKENADORE,CLINTON V
LALUZERNE,KIM A
Nov 25, 1991
25
KING,INGRID F
HARVATH,JESSALYN M
Dec 3, 1991
25
KAQUATOSH,TERESA L
KING,JASON R
Dec 6, 1991
25
FINNEY,MICHAEL N
PELKY, PATRICK J
Dec 16, 1991
25
HERNANDEZ, DIANA J
LARSON,DAVID L
Dec 19, 1991
25
WAUTIER,LYNN D
SANTIAGO,CHERICE A
Dec 26, 1991
25
Dec 30, 1991
25
KING,CARIE A
SCHUYLER,SHIRLEY J
SKENANDORE, LEROY
BRAATEN,BLAIR A
Dec 30, 1991
25
NAPIER,NICHOLE L
LALUZERNE,KIM A
Dec 31, 1991
25
POWLESS,CHRISTOPHER G
DANFORTH-ANDERSON,MICHELLE M
Oct 8, 1986
30
HILL,MARY ANN
NINHAM,TIMOTHY D
Oct 9, 1986
30
MELCHERT,KAREN J
RASMUSSEN,FAWNE M
Oct 9, 1986
30
SKENANDORE,STEPHANIE L
ELM,LORI A
Oct 9, 1986
30
METOXEN,TERRY J
BOULANGER,ERIC H
Nov 5, 1986
30
MICHAELSON,ALLEN K
DANFORTH-ANDERSON,MICHELLE M
Dec 8, 1986
30
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
01 / 25 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve January 11, 2017, regular and January 13, 2017, reconvened meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Meeting minutes of 1/11/17 and 1/13/17
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Spec.
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 Business Committee
Executive Session
9:30 a.m. Tuesday, January 10, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, January 11, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Reconvened Meeting
8:30 a.m. Friday, January 13, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes - DRAFT
EXECUTIVE SESSION
Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster;
Not Present: Vice-Chairwoman Melinda J. Danforth (excused);
Arrived at: ;
Others present: Jo Anne House, Michele Doxtator, Jim Bittorf, Nathan King;
REGULAR MEETING
Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster;
Not Present: Vice-Chairwoman Melinda J. Danforth;
Arrived at: ;
Others present: Jo Anne House, Heather Heuer, Steve Webster, Brad Graham, Bill Graham, Mike
Debraska, Joanie Buckley, Kathy Metoxen, Chaz Wheelock, Tammy Skenandore, Michele Doxtator,
Chris Johnson, Jeff Metoxen, Nancy Barton, Madelyn Genskow, James Petitjean, Clorissa Santiago,
Margaret Ellis, Paul Smith, Cathy Metoxen, LouAnn Green, Taniquelle Thurner, Larry Barton, Jen Falck,
Gina Buenrostro, Ed Delgado, Jeff House, Jeff Bowman, Janice Hirth-Skenandore, Danelle Wilson, Laura
Lane, Cheryl Skolaski;
RECONVENED MEETING
Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Council members: Fawn Billie,
Tehassi Hill, David Jordan, Jennifer Webster;
Not Present: ;
Arrived at: Chairwoman Tina Danforth at 9:22 a.m., Secretary Lisa Summers at 8:49 a.m., Councilman
Brandon Stevens at 8:40 a.m.;
Others present: Jo Anne House, Heather Heuer, Brad Graham, Bill Graham, Nancy Barton, Mike
Debraska, Lisa Liggins, Paul Witek, Cheryl Skolaski, James Petitjean, Troy Parr, Larry Barton, Danelle
Wilson, Madelyn Genskow, Michele Doxtator, Ed Delgado, Bonnie Pigman, Cathy Metoxen, Chad Wilson,
Brian Doxtator, Jennifer Falck, Ralinda Ninham-Lamberies;
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I. CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 8:33 a.m. on January 11,
2017
For the record:
Vice-Chairwoman Melinda J. Danforth is out of the office on funeral
leave. Councilwoman Jennifer Webster will be attending a funeral
service during part of the afternoon session. Secretary Lisa Summers will
meeting with a staff member during part of the afternoon session.
II. OPENING by Councilman Tehassi Hill on January 11, 2017
A. Special Recognition of Retirement and Years of Service – Don Denny (Not Present)
Sponsor:
Michele Doxtator, Area Manager/Retail Profits
III. ADOPT THE AGENDA (00:04:03)
Motion by Trish King to adopt the agenda with the following changes: [Delete item 14.A. Schedule special
General Tribal Council meeting, as directed by General Tribal Council, on February 20, 2017; and
approve draft agenda; note item 10.A. Review community concern – # 2016-CC-21 regarding
Tsyunhehkwa operations is scheduled to be addressed first on the agenda; and add-on item 07.B.02.
Approve Finance Committee meeting minutes of January 3, 2017], seconded by David Jordan. Motion
carried with one opposed:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Opposed:
Lisa Summers
Not Present:
Melinda J. Danforth
IV. OATHS OF OFFICE (00:05:43) administered by Secretary Lisa Summers on January 11, 2017
A. Oneida Nation School Board – Margaret Ellis
V. MINUTES
Treasurer Trish King and Councilman Tehassi Hill depart at 10:06 a.m. on January 11, 2017
A. Approve December 14, 2016, regular meeting minutes (1:31:38)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to approve the December 14, 2016, regular meeting minutes, seconded by
Jennifer Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, David Jordan, Lisa Summers, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Melinda J. Danforth, Tehassi Hill, Trish King
B. Approve December 16, 2016, special meeting minutes (1:32:02)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to approve the December 16, 2016, special meeting minutes, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Tehassi Hill, Trish King
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VI. RESOLUTIONS
A. Adopt resolution entitled Resolution to Adopt the FY 2017-2020 Oneida Nation Tribal
Transportation Improvement Plan (TTIP) and TTP Retained Services Agreement (RSA) (1:32:26)
Sponsor:
Troy Parr, Assistant Division Director/Development
Motion by Lisa Summers to adopt resolution # 01-11-17-A Resolution to Adopt the FY 2017-2020 Oneida
Nation Tribal Transportation Improvement Plan (TTIP) and TTP Retained Services Agreement (RSA),
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Melinda J. Danforth, Tehassi Hill, Trish King
Councilman Tehassi Hill returns at 10:09 a.m. on January 11, 2017
Treasurer Trish King returns at 10:10 a.m. on January 11, 2017
Secretary Lisa Summers departs at 10:11 a.m. on January 11, 2017
Secretary Lisa Summers returns at 10:38 a.m. on January 11, 2017
B. Adopt resolution entitled Adoption of Community Support Fund Amendments (1:33:22)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Brandon Stevens to adopt resolution # 01-11-17-B Adoption of Community Support Fund
Amendments, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
Councilwoman Fawn Billie departs at 11:09 a.m. on January 11, 2017
C. Adopt resolution entitled Oneida Nation Seal and Flag Law (2:37:56)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Brandon Stevens to adopt resolution # 01-11-17-C Oneida Nation Seal and Flag Law,
seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Melinda J. Danforth, Fawn Billie
Councilwoman Fawn Billie returns at 11:19 a.m. on January 11, 2017
D. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Adopted resolution entitled Oneida Business Committee Regular Meeting Schedule (2:42:28)
Requestor: Lisa Summers, Tribal Secretary
Motion by Tehassi Hill to enter the E-Poll results into the record for the adoption of resolution # 12-27-16A Oneida Business Committee Regular Meeting Schedule, seconded by Jennifer Webster. Motion
carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Abstained:
Fawn Billie
Not Present:
Melinda J. Danforth
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VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair: Brandon Stevens, Councilman
1. Accept Legislative Operating Committee FY ’16 4th quarter report (2:46:17)
Motion by Jennifer Webster to accept the Legislative Operating Committee FY ’16 4th quarter report,
seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
2. Accept December 7, 2016, Legislative Operating Committee meeting minutes (3:00:13)
Motion by Brandon Stevens to accept the December 7, 2016, Legislative Operating Committee meeting
minutes, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
Councilman Brandon Stevens departs at 11:36 a.m. on January 11, 2017
Councilman Brandon Stevens returns at 11:46 a.m. on January 11, 2017
Councilman David Jordan departs at 11:46 a.m. on January 11, 2017
Councilman David Jordan returns at 11:48 a.m. on January 11, 2017
B. Finance Committee
Chair: Trish King, Tribal Treasurer
1. Accept Finance Committee FY ’16 4th quarter report (3:01:18)
Motion by Jennifer Webster to approve the Finance Committee FY ’16 4th quarter report, seconded by
David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
For the record:
Councilman David Jordan stated that the budget management control
law in the 4th quarter report is a draft and it will follow the LOC process.
2. Approve January 3, 2017, Finance Committee meeting minutes (5:16:07)
Motion by Fawn Billie to approve the January 3, 2017, Finance Committee meeting minutes, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster
Not Present:
Melinda J. Danforth, David Jordan, Lisa Summers
C. Community Development Planning Committee
Chair: Melinda J. Danforth, Tribal Vice-Chairwoman
1. Accept Community Development Planning Committee FY ’16 4th quarter report (5:16:57)
Motion by Fawn Billie to defer the Community Development Planning Committee FY ’16 4th quarter report
to the January 25, 2017, regular Business Committee meeting, seconded by Jennifer Webster. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster
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Not Present:
Melinda J. Danforth, David Jordan, Lisa Summers
D. Quality of Life Committee
Chair: Fawn Billie, Councilwoman
Councilman David Jordan returns at 3:26 p.m. on January 11, 2017
1. Accept Quality of Life Committee FY ’16 4th quarter report (5:17:54)
Motion by Jennifer Webster to accept the Quality of Life Committee FY ’16 4th quarter report, seconded by
Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
2. Accept November 10, 2016, Quality of Life Committee meeting minutes (5:23:49)
Motion by Tehassi Hill to accept the November 10, 2016, Quality of Life Committee meeting minutes,
seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
E. E-Polls
1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
a. Approved AMERIND Risk Management Corp. premium payment for FY2017 in the
amount of $141,043, as approved during Finance Committee meeting on December
19, 2016 (5:24:27)
Requestor:
Trish King, Tribal Treasurer
Motion by Tehassi Hill to enter the E-Poll results into the record for the approved AMERIND Risk
Management Corp. premium payment for FY2017 in the amount of $141,043, as approved during
Finance Committee meeting on December 19, 2016, seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
b. Approved December 19, 2016, Finance Committee meeting minutes (5:25:05)
Requestor:
Trish King, Tribal Treasurer
Motion by Tehassi Hill to enter the E-Poll results into the record for the approved December 19, 2016,
Finance Committee meeting minutes, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
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VIII. APPOINTMENTS
A. Approve BC subcommittee’s recommendation to appoint Glen Edward Golden, Terry
Anderson Cornelius, Jeffrey Wade Johnson, Bryan James VanStippen, and Darius M.
Parks to Oneida Total Integrated Enterprises Corporate Board (5:25:44)
Sponsor:
David Jordan, Councilman
Motion by David Jordan to approve the Business Committee subcommittee’s recommendation to appoint
Glen Edward Golden, Terry Anderson Cornelius, Jeffrey Wade Johnson, Bryan James VanStippen, and
Darius M. Parks to the Oneida Total Integrated Enterprises Corporate Board, seconded by Brandon
Stevens. Motion carried with two abstentions: (5:26:05)
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Abstained:
Tehassi Hill, Trish King
Not Present:
Melinda J. Danforth, Lisa Summers
Motion by Jennifer Webster to accept the resignation of Butch Rentmeester and Jeff House, seconded by
Tehassi Hill. Motion carried unanimously: (5:27:22)
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
Motion by David Jordan to approve the removal of the remaining sitting board members, Jackie Zalim,
Leslie Wheelock, and Wayne Metoxen, of the Oneida Total Integrated Enterprises Corporate Board, as
directed by General Tribal Council, seconded by Fawn Billie. Motion carried unanimously: (5:28:00)
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
For the record:
Councilman David Jordan stated just to enter for the record the
appointments of Glen Golden for five years, Jeffrey Wade Johnson for
five years, Bryan James VanStippen for four year, Terry Anderson
Cornelius for three years, and Darius M. Parks for three years.
(10:15:05)
IX. STANDING ITEMS
Councilman Brandon Stevens arrives at 8:40 a.m. on January 13, 2017
Secretary Lisa Summers arrives at 8:49 a.m. on January 13, 2017
A. Accept quarterly report regarding Work Plan for Cemetery Improvements Project # 14-002
(6:18:28)
Sponsor:
James Petitjean, Interim Assistant Division Director/Development
Motion by Lisa Summers to accept the quarterly report regarding Work Plan for Cemetery Improvements
Project # 14-002, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
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X. UNFINISHED BUSINESS
A. Review community concern – # 2016-CC-21 regarding Tsyunhehkwa operations (00:07:48)
Sponsor:
Tina Danforth, Tribal Chairwoman
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.;
and to defer the remaining agenda items to the December 28, 2016, regular Business Committee
meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to
be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried
unanimously.
Motion by Lisa Summers to schedule a special Business Committee work meeting, with this being the
only topic with the Business Committee and the Tsyunhehkwa Farm, specifically on giving a presentation
about what the strategies are, what the corrective actions and measures are that are being taken in order
to address the topics that have been presented here, seconded by Brandon Stevens. Motion carried
unanimously: (00:36:36)
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
Amendment to the main motion by Jennifer Webster to schedule the special Business Committee work
meeting within the next thirty (30) days, seconded by David Jordan. Motion carried unanimously:
(00:45:37)
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
Amendment to the main motion by Lisa Summers to bring back, when completed and as information
only, the outcome of the meeting and any related action plans that go along with it as result of the
decisions taken place there, seconded by Jennifer Webster. Motion carried unanimously: (00:48:43)
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
B. Direct Treasurer to provide status update on development of SOPs for Economic
Development and Diversification Set Aside (5:30:29)
Sponsor:
Lisa Summers, Tribal Secretary
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.;
and to defer the remaining agenda items to the December 28, 2016, regular Business Committee
meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to
be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried
unanimously.
Motion by Fawn Billie to direct the Treasurer to develop the SOPs for the Economic Development and
Diversification Set Aside for the March 22, 2017, regular Business Committee, seconded by Jennifer
Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
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C. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Approval of Option B: Distribute twenty-one (21) Garden of Lights complimentary passes
on a first come, first serve basis (5:33:57)
Requestor: Lisa Summers, Tribal Secretary
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by Jennifer Webster to enter the E-Poll results into the record for the approval of Option B: To
distribute twenty-one (21) Garden of Lights complimentary passes on a first come, first serve basis,
seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
Secretary Lisa Summers arrives at 3:50 p.m. on January 11, 2017
Councilman Tehassi Hill departs at 3:53 p.m. on January 11, 2017
Councilman Tehassi Hill returns at 3:58 p.m. on January 11, 2017
Councilman David Jordan departs at 4:19 p.m. on January 11, 2017
Councilman David Jordan returns at 4:23 p.m. on January 11, 2017
2. Approval of Membership Interest Assignment from Oneida Total Integrated Enterprises
(OTIE) to Oneida Engineering Science & Construction (OESC) – contract # 2016-1347;
and to authorize an Officer to sign the assignment on behalf of Oneida Nation (5:34:35)
Requestor: Jo Anne House, Chief Counsel
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by Tehassi Hill to enter the E-Poll results into the record for the approval of the Membership
Interest Assignment from Oneida Total Integrated Enterprises (OTIE) to Oneida Engineering Science &
Construction (OESC) – contract # 2016-1347; and to authorize an Officer to sign the assignment on
behalf of Oneida Nation, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
For the record:
Chairwoman Tina Danforth stated I was not in favor of this because it
was given to us short order. We had a four hour time frame to address
the E-Poll. I was out on approved travel and there was a meeting being
held here in regards to this and back-up came shortly thereafter so I
would just onto record to that extent.
For the record:
Secretary Lisa Summers stated I just wanted to state that I don’t feel like
we got a pressure sale at least from my perspective. I’m just sharing it.
This is something that even though it took me a little bit to catch up on
what everything was when I first came into office. I had to a lot of
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For the record:
homework regarding this issue, but I was able to go back in my research
and see where the previous Business Committee had taken action by
setting up the stage for this transition to begin occurring and I think it was
mentioned here at the tail end that actually the signing of the agreement
was the last step of all of the things that have been taking place in order
to get the transition completed. Yes there was an E-Poll conducted
because the meeting that was supposed to be discussed at didn’t occur.
So it wasn’t like we got the information at the last minute. We’ve actually
had this information for quite some time and again when I went back and
did my research and then again attending the shareholder’s meeting this
last month or the month before, it’s been in there. It’s been a topic that’s
been ongoing. So I don’t feel that way. I understand that you were gone
so I can see why you would feel that way, but I just wanted to note that
for the record for my comments. Thank you.
Councilman David Jordan stated we also need to change something
because we needed a Chair and both Chairs were out. That’s the reason
those E-Polls happened.
Motion by Brandon Stevens to defer the remainder of the agenda to 8:30 a.m. on Friday, January 13,
2017, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
Motion by Lisa Summers to recess at 4:24 p.m. on January 11, 2017, until 8:30 a.m. on Friday, January
13, 2017, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 8:30 a.m. on January 13, 2017
Chairwoman Tina Danforth, Secretary Lisa Summers, and Councilman Brandon Stevens not present.
XI. NEW BUSINESS
Chairwoman Tina Danforth arrives at 9:22 a.m. on January 13, 2017, and assumes responsibility of the
Chair.
Councilman Tehassi Hill departs at 9:24 a.m. on January 13, 2017
Councilman Tehassi Hill returns at 9:27 a.m. on January 13, 2017
A. Review community concern - # 2017-CC-01 regarding Tribal I.D. cards (7:08:05)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Lisa Summers to accept community concern # 2017-CC-01 for the record as information; and
to request the Retail Profits Area Manager to provide a copy of the information, that is provided to the
staff, to the Business Committee so that we know the follow-up was completed as discussed today,
seconded by Melinda J. Danforth. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Secretary Lisa Summers departs at 9:53 a.m. on January 13, 2017
Secretary Lisa Summers returns at 9:56 a.m. on January 13, 2017
Treasurer Trish King departs at 9:56 a.m. on January 13, 2017
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Treasurer Trish King returns at 9:58 a.m. on January 13, 2017
Vice-Chairwoman Melinda J. Danforth departs at 10:01 a.m. on January 13, 2017
B. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Approved exception to the Community Support Fund hotel rate limits to increase the
limit to $100 for the Oneida Support Group at Standing Rock (7:38:17)
Requestor: Jo Anne House, Chief Counsel
Motion by Tehassi Hill to enter the E-Poll results into the record for the approved exception to the
Community Support Fund hotel rate limits to increase the limit to $100 for the Oneida Support Group at
Standing Rock, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
For the record:
Councilwoman Jennifer Webster stated we had twenty people out in
Standing Rock who went out there on their own free will. This was not an
easy decision for us. Nobody made them to go out there. Nobody forced
them to go there. It was forty below. The chairman out there told people
to go home for their own safety. We had twenty people sharing four
rooms. It cost us $160. Like we said we’d be telling a different story here
if something happened to them. It’s unfortunate that they didn’t listen, but
we had to do the best thing for our Nation to help these people. We
argued about it, we offered to pay out of pocket for it, but the hotels
require credit cards. It was a tough decision for us, but we made the best
decision we could for the health and safety of our community members.
Thank you.
Councilman David Jordan departs at 10:05 a.m. on January 13, 2017
Motion by Secretary Lisa Summers to ask for this item to be referred to the Governmental Services
Division Director for her to provide just a synopsis of what occurred to us, as her supervisors, so that we
have it for our records. Motion withdrawn.
Councilman David Jordan returns at 10:15 a.m. on January 13, 2017
Vice-Chairwoman Melinda J. Danforth returns at 10:25 a.m. on January 13, 2017
Councilwoman Jennifer Webster departs at 10:25 a.m. on January 13, 2017
Councilwoman Jennifer Webster returns at 10:28 a.m. on January 13, 2017
2. Approved revised 2017 Quarterly Reporting schedule (7:58:48)
Requestor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to enter the E-Poll results into the record for the approved revised 2017
Quarterly Reporting schedule, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
3. Approved 2017 Reporting Schedule for Oneida Business Committee Direct Reports
(8:17:48)
Requestor: Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to enter the E-Poll results into the record for the approved 2017 Reporting
Schedule for Oneida Business Committee Direct Reports, seconded by Melinda J. Danforth. Motion
carried unanimously:
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Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
XII. TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Vice-Chairwoman Melinda J. Danforth – Medicare, Medicaid, and
Health Reform Policy Committee (MMPC) & Tribal Technical Advisory Group (TTAG)
meetings – Washington D.C. – November 2-3, 2016 (8:18:20)
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by Jennifer Webster to accept the travel report – Vice-Chairwoman Melinda J. Danforth –
Medicare, Medicaid, and Health Reform Policy Committee (MMPC) & Tribal Technical Advisory Group
(TTAG) meetings – Washington D.C. – November 2-3, 2016, seconded by Fawn Billie. Motion carried
with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Abstained:
Melinda J. Danforth
For the record:
Secretary Lisa Summers stated I wasn’t going to say anything and now I
guess I have to because that day that the conversation did occur we
made it very clear at least three times the distinguishment and why we
were having the conversation and that the per diem was not the
question. It was making sure that we had a complete understanding or
we were in agreement in the interpretation of the motion which said no
outside food purchases. So that was the conversation. Because of the
comments I need to make sure that we are clear that day the
conversation occurred we also made it clear that day that that was why
we were having the conversation. It had nothing to do with your travel
request per se, why you were traveling. We supported that whole
heartedly. Thank you.
2. Accept travel report – Councilwoman Fawn Billie & Secretary Lisa Summers – Midwest
Alliance of Sovereign Tribes (MAST) Post-Presidential Election Results Review – Prior
Lake, MN – December 3-4, 2016 (8:25:45)
Motion by Jennifer Webster to accept the travel report – Councilwoman Fawn Billie & Secretary Lisa
Summers – Midwest Alliance of Sovereign Tribes (MAST) Post-Presidential Election Results Review –
Prior Lake, MN – December 3-4, 2016, seconded by Melinda J. Danforth. Motion carried with
unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
For the record:
Vice-Chairwoman Melinda J. Danforth stated that due to weather
conditions during that time neither Fawn nor Lisa completed the travel.
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B. TRAVEL REQUESTS
1. Approve travel request – Vice-Chairwoman Melinda J. Danforth – 2017 Tribal Technical
Advisory Group (TTAG) Face-to-Face meetings – Washington D.C. – March 1-2, July
12-13, 2017 (8:24:54)
Motion by Lisa Summers to approve the travel request – Vice-Chairwoman Melinda J. Danforth – 2017
Tribal Technical Advisory Group (TTAG) Face-to-Face meetings – Washington D.C. – March 1-2, July 1213, 2017, seconded by Brandon Stevens. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Abstained:
Melinda J. Danforth
2. Approve travel request – Secretary Lisa Summers and two (2) additional BC Members
– National Congress of American Indians (NCAI) 2017 Executive Council Winter
Session – February 12-17, 2017 (8:34:31)
Motion by David Jordan to approve the travel request – Secretary Lisa Summers and two (2) additional
BC Members – National Congress of American Indians (NCAI) 2017 Executive Council Winter Session –
February 12-17, 2017, seconded by Fawn Billie. Motion carried with one abstention:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Jennifer Webster
Abstained:
Lisa Summers
For the record:
Chairwoman Tina Danforth stated I would like to be included. I was
approved for the last NCAI, but two days before my travel got pulled
because of the budget. So I’m hoping I can attend this session
For the record:
Secretary Lisa Summers stated to include the Chairwoman as one of the
travelers.
3. Approve travel request – Chairwoman Tina Danforth, Secretary Lisa Summers, and
one (1) additional BC Member – Midwest Alliance of Sovereign Tribes (MAST) Impact
Week – Washington D.C. – March 21-24, 2017 (8:41:29)
Motion by Jennifer Webster to approve the travel request – Chairwoman Tina Danforth, Secretary Lisa
Summers, and one (1) additional BC Member – Midwest Alliance of Sovereign Tribes (MAST) Impact
Week – Washington D.C. – March 21-24, 2017, seconded by David Jordan. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
For the record:
Councilwoman Jennifer Webster stated I would like to be considered to
be the third, pending schedules.
4. Approve travel request – Chairwoman Tina Danforth – National Indian Gaming
Association (NIGA) Indian Gaming Tradeshow & Convention – San Diego, CA – April
10-13, 2017 (8:43:37)
Motion by David Jordan to approve the travel request – Chairwoman Tina Danforth – National Indian
Gaming Association (NIGA) Indian Gaming Tradeshow & Convention – San Diego, CA – April 10-13,
2017, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Amendment to the main motion Lisa Summers to include up to three (3) Business Committee members to
attend the National Indian Gaming Association (NIGA) Indian Gaming Tradeshow & Convention – San
Diego, CA – April 10-13, 2017, seconded Jennifer Webster. Motion carried unanimously:
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Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
C. E-POLLS
1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
a. Failed travel request - Seven (7) DOLM employees and one (1) Law Office employee
to attend the BIA Midwest Region Real Estate Services Technical Guidance and
Training - Prior Lake, MN - December 12-15, 2016 (8:45:12)
Requestor:
Nicole Rommel, Finance and Records Area Manager/Division of Land
Management
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular
Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by Tehassi Hill to enter the E-Poll results into the record for the failed travel request - Seven (7)
DOLM employees and one (1) Law Office employee to attend the BIA Midwest Region Real Estate
Services Technical Guidance and Training - Prior Lake, MN - December 12-15, 2016, seconded by
Melinda J. Danforth. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Councilman Tehassi Hill departs at 11:02 a.m. on January 13, 2017
b. Approved travel request – Secretary Lisa Summers and one (1) staff member –
Tribal Caucus and Inter-Tribal Criminal Justice Council meetings – Baraboo, WI –
January 17-19, 2017 (8:45:55)
Requestor:
Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to enter the E-Poll results into the record for the approved travel request –
Secretary Lisa Summers and one (1) staff member – Tribal Caucus and Inter-Tribal Criminal Justice
Council meetings – Baraboo, WI – January 17-19, 2017, seconded by Melinda J. Danforth. Motion
carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, David Jordan, Trish King, Brandon
Stevens, Lisa Summers, Jennifer Webster
Not Present:
Tehassi Hill
c. Approved travel request – Councilwoman Fawn Billie – Tribal Actin Plan
Development Workshop: Tribal Law and Order Act Training Initiative – Columbia,
SC – January 25-27, 2017 (8:49:27)
Requestor:
Fawn Billie, Councilwoman
Motion by Melinda J. Danforth to enter the E-Poll results into the record for the approved travel request –
Councilwoman Fawn Billie – Tribal Actin Plan Development Workshop: Tribal Law and Order Act Training
Initiative – Columbia, SC – January 25-27, 2017, seconded by David Jordan. Motion carried
unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, David Jordan, Trish King, Brandon
Stevens, Lisa Summers, Jennifer Webster
Not Present:
Tehassi Hill
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Motion by Lisa Summers to recess at 12:04 p.m. until 1:30 p.m. on January 11, 2017, seconded by Fawn
Billie. Motion carried unanimously: (3:29:14)
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
Meeting called to order by Chairwoman Tina Danforth at 1:36 p.m. on January 11, 2017
Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers, and Councilwoman Jennifer Webster
not present.
XIII. REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.)
A. UNFINISHED REPORTS
1. Accept Comprehensive Health Division FY ’16 4th quarter report (3:30:47)
(1:30 p.m.-1:40 p.m.)
Sponsors: Debra Danforth, Division Director/Comprehensive Health Operations; Dr.
Ravinder Vir, Medical Director/Medical Operations
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to defer the
Comprehensive Health Division FY ’16 4th quarter report to the December 14, 2016,
seconded by David Jordan. Motion carried unanimously.
Motion by Tehassi Hill to defer the Comprehensive Health Division FY ’16 4th quarter report to the
January 25, 2017, regular Business Committee meeting, seconded by Trish King. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
Motion by Tehassi Hill to request the Tribal Secretary to send notice to the Comprehensive Health
Division Directors requesting somebody be present to represent their report at the January 25, 2017,
regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
2. Accept Land Claims Commission FY ’16 quarter report (3:33:24)
(1:40 p.m.-1:50 p.m.)
Vice-Chair: Loretta Metoxen
Liaison:
Brandon Stevens, Councilman
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
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EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to defer the Land Claims
Commission FY ’16 4th quarter report to the December 14, 2016, seconded by David Jordan.
Motion carried unanimously.
Motion by Brandon Stevens to accept the Land Claims Commission FY ’16 quarter report, seconded by
Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
3. Accept Self-Governance FY ’16 4th quarter report (3:38:10)
(1:50 p.m.-2:00 p.m.)
Sponsor: Chris Johns, Coordinator/Self-Governance
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by Trish King to accept the Self-Governance FY ’16 4th quarter report, seconded by Fawn Billie.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
4. Accept Oneida Total Integrated Enterprise FY ’16 4th quarter report (3:48:00)
(2:00 p.m.-2:10 p.m.)
Chair:
Butch Rentmeester
Liaison:
Tehassi Hill, Councilman
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by David Jordan to accept the Oneida Total Integrated Enterprise FY ’16 4th quarter report,
seconded by Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
5. Accept Oneida Engineering Science & Construction, LLC FY ’16 4th quarter report
(2:10 p.m.-2:20 p.m.) (3:52:54)
Chair:
Jacquelyn Zalim
Liaison:
Tehassi Hill, Councilman
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by Brandon Stevens to accept the Oneida Engineering Science & Construction, LLC FY ’16 4th
quarter report, seconded by Trish King. Motion carried unanimously:
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Ayes:
Not Present:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Melinda J. Danforth, Lisa Summers, Jennifer Webster
6. Accept Bay Bancorporation Inc. FY ’16 4th quarter report (3:58:05)
(2:20 p.m.-2:30 p.m.)
President: Jeff Bowman
Liaison:
Tina Danforth, Tribal Chairwoman
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by David Jordan to accept the Bay Bancorporation Inc. FY ’16 4th quarter report, seconded by
Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
Councilman Tehassi Hill departs at 2:18 p.m. on January 11, 2017
7. Accept Oneida Airport Hotel Corporation FY ’16 4th quarter report (4:17:40)
(2:30 p.m.-2:40 p.m.)
President: Janice Skenandore-Hirth
Liaison:
Trish King, Tribal Treasurer
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by David Jordan to accept the Oneida Airport Hotel Corporation FY ’16 4th quarter report,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Trish King, Brandon Stevens,
Not Present:
Melinda J. Danforth, Tehassi Hill, Lisa Summers, Jennifer Webster
Councilman Tehassi Hill returns at 2:33 p.m. on January 11, 2017
8. Accept Oneida Golf Enterprise FY ’16 4th quarter report (4:25:06)
(2:40 p.m.-2:50 p.m.)
Agent:
Janice Skenandore-Hirth
Liaison:
Trish King, Tribal Treasurer
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by David Jordan to accept the Oneida Golf Enterprise FY ’16 4th quarter report, seconded by Fawn
Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
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Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
Councilwoman Jennifer Webster arrives at 3:05 p.m. on January 11, 2017
9. Accept Emergency Management FY ’16 4th quarter report as information (4:36:18)
Sponsor:
Kaylynn Gresham, Director/Emergency Management Dept.
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by David Jordan to accept the Emergency Management FY ’16 4th quarter report, seconded by
Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
B. OPERATIONAL REPORTS
1. Accept Retail Enterprises FY ’16 4th quarter report (4:58:00)
(2:50 p.m.-3:00 p.m.)
Sponsor: Michele Doxtator, Area Manager/Retail Profits
Motion by Tehassi Hill to accept the Retail Enterprises FY ’16 4th quarter report, seconded by David
Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
C. BOARDS, COMMITTEES, COMMISSIONS
1. Accept Personnel Commission FY ’16 4th quarter report (5:10:04)
(3:00 p.m.-3:10 p.m.)
Chair:
Yvonne Jourdan
Liaison Alternate:
David Jordan, Councilman
Motion by David Jordan to defer the Personnel Commission FY ’16 4th quarter report to the January 25,
2017, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
Councilman David Jordan departs at 3:21 p.m. on January 11, 2017
2. Accept Land Commission FY ’16 4th quarter report (5:12:27)
(3:10 p.m.-3:20 p.m.)
Chair:
Rae Skenandore
Liaison: Tehassi Hill, Councilman
Motion by Tehassi Hill to accept the Land Commission FY ’16 4th quarter report, seconded by Brandon
Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster
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Not Present:
Melinda J. Danforth, David Jordan, Lisa Summers
XIV. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC
Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card)
A. Schedule special General Tribal Council meeting, as directed by General Tribal Council, on
February 20, 2017; and approve draft agenda
Sponsor:
Lisa Summers, Tribal Secretary
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.;
and to defer the remaining agenda items to the December 28, 2016, regular Business Committee
meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to
be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried
unanimously.
Item deleted at the adoption of the agenda on January 11, 2017.
B. Petitioner Edward Delgado: Oneida panel of educators and retention of kindergarten
students
Councilman Tehassi Hill returns at 11:06 a.m. on January 13, 2017
Chairwoman Tina Danforth departs at 11:07 a.m. on January 13, 2017, and Vice-Chairwoman Melinda J.
Danforth assumes responsibility of the Chair
Councilman David Jordan departs at 11:34 a.m. on January 13, 2017
1. Accept legislative analysis progress report from December 14, 2016 (8:51:03)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Trish King to accept the legislative analysis progress report from December 14, 2016,
seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, David Jordan
For the record:
Secretary Lisa Summers stated Ed, I support what you’re doing. I
appreciate the fact that you agreed to work with us. I’m very
disheartened that there was a conclusion drawn that this was something
that was a result of something that you’re doing on a personal level. I
appreciate you having the foresight to work on getting this resolved prior
to that. I don’t appreciate the fact that you’ve been criticized here today.
It’s not acceptable and I look forward to continue working with you to get
this issue resolved. Thank you.
2. Accept legislative analysis (9:26:22)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Lisa Summers to accept the legislative analysis, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, David Jordan
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3. Accept legal analysis progress report from December 14, 2016 (9:26:44)
Sponsor:
Jo Anne House, Chief Counsel
Motion by Lisa Summers to accept the legal analysis progress report from December 14, 2016, as
information, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, David Jordan
4. Accept update regarding legal analysis (9:27:36)
Sponsor:
Jo Anne House, Chief Counsel
Motion by Lisa Summers to accept the verbal update regarding the legal analysis for January 13, 2017,
noting that the complete analysis will be provided at the January 25, 2017, regular Business Committee
meeting, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, David Jordan
5. Accept financial analysis progress report from December 14, 2016 (9:31:03)
Sponsor:
Larry Barton, Chief Financial Officer
Motion by Lisa Summers to accept the financial analysis progress report from December 14, 2016,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, David Jordan
6. Accept update regarding financial analysis (9:31:19)
Sponsor:
Larry Barton, Chief Financial Officer
Motion by Lisa Summers to accept the update regarding the financial analysis, seconded by Fawn Billie.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, David Jordan
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
EXCERPT FROM OCTOBER 26, 2016: Motion by Lisa Summers to direct the Law, Finance,
and Legislative Reference Offices to submit their analyses within sixty (60) days; and that a
progress report be submitted within forty-five (45) days, seconded by David Jordan. Motion
carried unanimously.
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C. Accept verified petition submitted by Sherrole Benton regarding request to change preemployment drug testing for marijuana; and request appropriate analyses (9:31:44)
Sponsor:
Lisa Summers, Tribal Secretary
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59 a.m.;
and to defer the remaining agenda items to the December 28, 2016, regular Business Committee
meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to
be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried
unanimously.
Motion by Lisa Summers to accept the verified petition from Sherrole Benton regarding a request to
change pre-employment drug testing for marijuana use; to send the verified petition to the Law, Finance,
Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative
analyses to be completed; and to direct the Law, Finance, and Legislative Reference Offices to submit
their analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be
submitted in forty-five (45) days, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, David Jordan
Motion by Lisa Summers to direct the Direct Report Offices to submit the appropriate administrative
analyses to the Tribal Secretary’s Office within thirty (30) days, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, David Jordan
D. Assign committee members to work on the General Tribal Council directive regarding
establishment of legal office with advocates and advising attorney for Oneida Nation
employees and enrolled Tribal Members (9:39:28)
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Lisa Summers to assign Vice-Chairwoman Melinda J. Danforth and Councilman Brandon
Stevens to work on the General Tribal Council directive regarding the establishment of a legal office with
advocates and advising attorney for Oneida Nation employees and enrolled Tribal Members, seconded
by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, David Jordan
E. Accept report regarding remaining GTC agenda items for the record (9:43:06)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Lisa Summers to accept the report regarding remaining GTC agenda items for the record,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, David Jordan
Secretary Lisa Summers departs at 12:04 p.m. on January 13, 2017
Councilwoman Fawn Billie departs at 12:09 p.m. on January 13, 2017
Secretary Lisa Summers returns at 12:12 p.m. on January 13, 2017
Councilwoman Fawn Billie returns at 12:20 p.m. on January 13, 2017
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F. Approve scheduling General Tribal Council FY 2017 budget meeting on Monday, March 27,
2017; approve original FY 2017 budget packet to be sent to Oneida Printing; and schedule
a special Business Committee meeting on Friday, February 24, 2017 to approve addendum
(9:44:57)
Sponsor:
Trish King, Tribal Treasurer
Motion by Trish King to approve scheduling the General Tribal Council FY 2017 budget meeting on
Monday, March 27, 2017 at 6:00 p.m., seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, David Jordan
Motion by Trish King to approve the original FY 2017 budget packet to be sent to Oneida Printing for
processing, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, David Jordan
Motion by Lisa Summers to schedule a special Business Committee meeting on Friday, February 24,
2017, at 10:00 a.m. to approve the addendum to the FY 2017 budget meeting materials, seconded by
Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, David Jordan
Motion by Lisa Summers to recess at 12:28 p.m. until 2:00 p.m. on January 13, 2017, seconded by Fawn
Billie. Motion carried unanimously: (10:12:39)
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, David Jordan
Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 2:10 p.m. on January 13, 2017
Chairwoman Tina Danforth, Councilwoman Fawn Billie, and Councilman Brandon Stevens not present.
G. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Accepted Fletcher, PLLC legal analysis of June 13, 2016, General Tribal Council
meeting regarding per capita for the record (10:13:44)
Requestor: Larry Barton, Chief Financial Officer
Motion by Lisa Summers to enter the E-Poll results into the record for the accepted Fletcher, PLLC legal
analysis of June 13, 2016, General Tribal Council meeting regarding per capita for the record, seconded
by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Brandon Stevens
2. Approved special General Tribal Council meeting date, as directed by General Tribal
Council, on February 20, 2017; and approved meeting materials (10:14:20)
Requestor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to enter the E-Poll results into the record for the approved special General Tribal
Council meeting date, as directed by General Tribal Council, on February 20, 2017; and approved
meeting materials, seconded by David Jordan. Motion carried unanimously:
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Ayes:
Not Present:
Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster
Tina Danforth, Fawn Billie, Brandon Stevens
3. Approved draft agenda; and to schedule a special General Tribal Council meeting on
Sunday, March 19, 2016 at 1:00 p.m. (10:14:41)
Requestor: Lisa Summers, Tribal Secretary
Motion by David Jordan to enter the E-Poll results into the record for the approved draft agenda; and to
schedule a special General Tribal Council meeting on Sunday, March 19, 2016 at 1:00 p.m., seconded by
Lisa Summers. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Brandon Stevens
Councilwoman Fawn Billie and Councilman Brandon Stevens at 2:12 p.m. on January 13, 2017
XV. EXECUTIVE SESSION
A. UNFINISHED REPORTS
1. Accept Oneida Total Integrated Enterprise FY ’16 4th quarter report (10:15:56)
Chair:
Liaison:
Butch Rentmeester
Tehassi Hill, Councilman
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by Lisa Summers to accept the Oneida Total Integrated Enterprise FY ’16 4th quarter report,
seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
2. Accept Oneida Engineering Science & Construction, LLC FY ’16 4th quarter report
(10:16:20)
Chair:
Jacquelyn Zalim
Liaison:
Tehassi Hill, Councilman
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by Lisa Summers to accept the Oneida Engineering Science & Construction, LLC FY ’16 4th
quarter report, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
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3. Accept Bay Bancorporation Inc. FY ’16 4th quarter report (10:16:32)
President: Jeff Bowman
Liaison:
Tina Danforth, Tribal Chairwoman
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by Tehassi Hill to accept the Bay Bancorporation Inc. FY ’16 4th quarter report, seconded by Fawn
Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
4. Accept Oneida Airport Hotel Corporation FY ’16 4th quarter report (10:16:57)
President: Janice Skenandore-Hirth
Liaison:
Trish King, Tribal Treasurer
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by Fawn Billie to accept the Oneida Airport Hotel Corporation FY ’16 4th quarter report, seconded
by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
5. Accept Oneida Golf Enterprise FY ’16 4th quarter report (10:17:16)
Agent:
Liaison:
Janice Skenandore-Hirth
Trish King, Tribal Treasurer
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by David Jordan to accept the Oneida Golf Enterprise FY ’16 4th quarter report, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
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6. Accept Chief Counsel report dated December 13, 2016 – Jo Anne House, Chief Counsel
(10:17:33)
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by Lisa Summers to accept the Chief Counsel report dated December 13, 2016, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
B. REPORTS
1. Accept Retail Enterprises FY ’16 4th quarter report from December 28, 2016 (10:17:53)
(This item is scheduled to begin at 1:30 p.m.)
Sponsor: Michele Doxtator, Area Manager/Retail Profits
Motion by David Jordan to accept the Retail Enterprises FY ’16 4th quarter report from December 28,
2016, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
2. Accept Intergovernmental Affairs & Communications report from December 28, 2016 –
Nathan King, Director (10:18:14)
Motion by Lisa Summers to accept the Intergovernmental Affairs & Communications report from
December 28, 2016, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
Motion by Fawn Billie to approve the correspondence to speaker Paul Ryan regarding the Indian
Healthcare Improvement Act, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
Motion by Lisa Summers to approve the correspondence to the Department of Public Instruction
regarding a request for the state-tribal consultation session, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
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3. Accept Chief Financial Officer report from December 28, 2016 – Larry Barton, Chief
Financial Officer (10:19:14)
Motion by Jennifer Webster to accept the Chief Financial Officer report from December 28, 2016,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
4. Accept Chief Counsel report from December 28, 2016 – Jo Anne House, Chief Counsel
(10:19:46)
Motion by David Jordan to accept the Chief Counsel report from December 28, 2016, seconded by Fawn
Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
Motion by Lisa Summers to approve sending the letter regarding the trademark issue; and to approve
filing a petition in the event an agreement is unable to be negotiated, seconded by Tehassi Hill. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
C. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
2. Accept Oneida Golf Enterprise – Ladies Professional Golf Association update
Sponsor:
Trish King, Tribal Treasurer
No formal action taken on this item.
a. Accept update regarding requested vendor list (10:20:26)
Sponsor:
Larry Barton, Chief Financial Officer
Motion by David Jordan to accept the update regarding the requested vendor list, seconded by Fawn
Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
b. Accept update regarding procedure for draw down decisions (10:20:50)
Sponsor:
Larry Barton, Chief Financial Officer
Motion by Trish King to accept the update regarding the procedure for draw down decisions, seconded by
Tehassi Hill. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Tina Danforth
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
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EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular
Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
EXCERPT FROM NOVEMBER 23, 2016: (1) Motion by David Jordan to accept the
update regarding Oneida Golf Enterprise – Ladies Professional Golf Association,
seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Jennifer Webster for
the Chief Financial Officer to provide a top 30 vendor list with low and high spend ranges
for each vendor to the Business Committee team representatives that include Secretary
Lisa Summers, Treasurer Trish King, and Danelle Wilson no later than December 9,
2016, seconded by Lisa Summers. Motion carried unanimously. (3) Motion by Lisa
Summers to direct the Chief Financial Officer to provide a written procedure identifying
how draw down decisions are made against their approved loan agreement, including a
flow chart of how the payments are processed once the requests come in from Oneida
Golf Enterprise; and that’s to be done by December 16, 2016, seconded by Fawn Billie.
Motion carried unanimously.
D. AUDIT COMMITTEE
Chair: Councilman Tehassi Hill
1. Accept Audit Committee FY ’16 4th quarter report (10:21:23)
Motion by Brandon Stevens to accept the Audit Committee FY ’16 4th quarter report, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
2. Accept October 13, 2016, Audit Committee meeting minutes (10:21:39)
Motion by Tehassi Hill to accept the October 13, 2016, Audit Committee meeting minutes, seconded by
David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
E. UNFINISHED BUSINESS
1. Accept update regarding Departments of Public Works HVAC contracts (10:21:58)
Sponsors: Brandon Stevens, Councilman/Legislative Operating Committee Chair
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM OCTOBER 12, 2016: Motion by David Jordan to defer this item to the
Legislative Operating Committee, Law Office, and Purchasing Department to develop policies
and solutions; and for an update to be brought back within sixty (60) days, seconded by
Jennifer Webster. Motion carried with one abstention.
Motion by David Jordan to accept the update regarding Departments of Public Works HVAC contracts;
and to delete from the agenda, seconded by Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
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2. Approve recommendation to terminate appointment of Oneida Library Board member
(10:22:31)
Sponsor: Tina Danforth, Tribal Chairwoman
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
EXCERPT FROM NOVEMBER 23, 2016: Motion by David Jordan to defer the request back
to the Chair’s Office; and to request a recommendation be provided at the December 14,
2016, regular Business Committee meeting, in accordance with section 6-5 of the
Comprehensive Policy Governing Boards, Committees, and Commissions, seconded by Lisa
Summers. Motion carried unanimously.
EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining
items to the November 23, 2016, regular Business Committee unless there are items that the
Tribal Secretary can identify that need immediate attention by the Business Committee at
which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items,
seconded by Tehassi Hill. Motion carried unanimously.
Motion by Tehassi Hill to accept the recommendation to terminate the appointment of the Oneida Library
Board member, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
3. Final Monitoring Report regarding on-site performance review of Indian Housing Block
Grant and Indian Community Development Block grant programs:
a. Accept funding recommendation regarding finding # 2016-IHBG-3 (10:23:02)
Sponsors:
Dale Wheelock, Executive Director/Oneida Housing Authority; Jacque
Boyle, Director/Development Division-Operations; Larry Barton, Chief
Financial Officer
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular
Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by David Jordan to accept the funding recommendation regarding finding # 2016-IHBG-3,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
b. Accept status report from Legislative Operating Committee regarding completion
of tribal policy to address finding # 2016-IHBG-4 (10:23:37)
Sponsor:
Brandon Stevens, Councilman/ Legislative Operating Committee Chair
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular
Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
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Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
EXCERPT FROM NOVEMBER 23, 2016: Motion by Jennifer Webster to assign the
Legislative Operating Committee to bring back a status report on the completion of tribal
policy that would address finding # 2016-IHBG-4 for the December 14, 2016, regular
Business Committee meeting, seconded by Brandon Stevens.
Motion carried
unanimously.
EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining
items to the November 23, 2016, regular Business Committee unless there are items that
the Tribal Secretary can identify that need immediate attention by the Business
Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to
address those items, seconded by Tehassi Hill. Motion carried unanimously.
Motion by Lisa Summers to accept the Conflict of Interest memorandum update from the Legislative
Operating Committee, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
4. Accept update regarding Duck Creek Trail strategy (10:24:06)
Sponsors: Nathan King, Director/Intergovernmental Affairs & Communications
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to direct the
Intergovernmental Affairs & Communications Dept. and the Development Division to work
with the Law Office regarding the right-of-way and signage issues; and to bring back an
update to the December 14, 2016, regular Business Committee meeting, seconded by
Jennifer Webster. Motion carried unanimously.
EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining
items to the November 23, 2016, regular Business Committee unless there are items that the
Tribal Secretary can identify that need immediate attention by the Business Committee at
which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items,
seconded by Tehassi Hill. Motion carried unanimously.
Motion by Jennifer Webster to accept the update regarding Duck Creek Trail strategy; and to approve the
Law Office and Intergovernmental Affairs & Communications Director’s recommendations, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
5. Approve fifty-four (54) new enrollments (10:24:41)
Sponsor:
Brandon Stevens, Councilman
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
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Motion by David Jordan to approve the fifty-four (54) new enrollments, seconded by Tehassi Hill. Motion
carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Tina Danforth
6. Review complaint # 2016-DR06-08 (10:25:00)
Sponsor:
Lisa Summers, Tribal Secretary
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by Jennifer Webster to deem complaint # 2016-DR06-08 as having no merit, seconded by
Brandon Stevens. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Tina Danforth
Motion by Jennifer Webster to accept complaint # 2016-DR06-08; and to direct the Chair to provide a
written response per the SOP, seconded by Fawn Billie. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Tina Danforth
7. Review complaint # 2016-DR06-09 (10:25:57)
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by David Jordan to accept complaint # 2016-DR06-09; and to assign Councilwoman Fawn Billie,
Vice-Chairwoman Melinda J. Danforth, and Councilman Brandon Stevens, seconded by Jennifer
Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Tina Danforth
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8. Review complaint # 2016-DR06-10 (10:26:30)
Sponsor:
Lisa Summers, Tribal Secretary
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by Tehassi Hill to deem complaint # 2016-DR06-10 as having no merit, seconded by David
Jordan. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Tina Danforth
Motion by Jennifer Webster to accept complaint # 2016-DR06-10; and to direct the Chair to provide a
written response per the SOP, seconded by Tehassi Hill. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Tina Danforth
9. Accept update regarding Tribal Ombudsman position (10:27:19)
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by Lisa Summers to refer this item to the Business Committee Officers to reconsider available
options, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
10. Review results of Investigative Case # 16-61 and determine next steps (10:28:01)
Sponsor:
Lisa Summers, Tribal Secretary
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
Motion by David Jordan to accept the report as information, seconded by Lisa Summers. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
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Motion by Lisa Summers to initiate the recommendations, except for items #3 and #4; and to ask the
Tribal Secretary to work with the Direct Reports and MIS for processing information securely, seconded
by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
11. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
a. Approved Government Policy Solutions – contract # 2016-1287 (10:29:08)
Requestor:
Nathan King, Director/Intergovernmental Affairs & Communications
Motion by Lisa Summers to enter the E-Poll results into the record for the approved Government Policy
Solutions – contract # 2016-1287, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
b. Approved Pace LLP – contract # 2016-1286 (10:29:25)
Requestor:
Nathan King, Director/Intergovernmental Affairs & Communications
Motion by Jennifer Webster to enter the E-Poll results into the record for the approved Pace LLP –
contract # 2016-1286, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
c. Approved Cooperative Governance Agreement between Oneida Nation and Town
of Oneida – contract # 2016-1357 (10:29:53)
Requestor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to enter the E-Poll results into the record for the approved Cooperative
Governance Agreement between Oneida Nation and Town of Oneida – contract # 2016-1357, seconded
by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at
11:59 a.m.; and to defer the remaining agenda items to the December 28, 2016, regular
Business Committee meeting, with item “VIII.A. Review concern # 2016-CC-21
regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by
Melinda J. Danforth. Motion carried unanimously.
F. NEW BUSINESS
1. Accept update regarding Back Forty Mine and determine next steps
(This item is scheduled to begin at 9:30 a.m.)
Sponsor: Brandon Stevens, Councilman
No formal action taken on this item.
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2. Adopt resolution entitled Regarding Pardon of Roxanne McDowell (10:30:24)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Fawn Billie to adopt resolution # 01-13-17-A Regarding Pardon of Roxanne McDowell,
seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
3. Adopt resolution entitled Regarding Pardon of Thomas Christjohn (10:30:47)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to adopt resolution # 01-13-17-B Regarding Pardon of Thomas Christjohn,
seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
4. Approve limited waiver of sovereign immunity – Bank of America National AssociationFirst Amendment to Amended and Restated Credit Agreement – contract # 2012-0027
(10:31:02)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Lisa Summers to approve the limited waiver of sovereign immunity – Bank of America National
Association-First Amendment to Amended and Restated Credit Agreement – contract # 2012-0027,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
5. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
a. Adopted resolution entitled Resolution to Adopt the First Amendment to the
Business Committee 401K Savings Plan (10:31:33)
Requestor:
Larry Barton, Chief Financial Officer
Motion by David Jordan to enter the E-Poll results into the record for the adopted resolution # 12-28-16-B
Resolution to Adopt the First Amendment to the Business Committee 401K Savings Plan, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
b. Adopted resolution entitled Resolution to Adopt the First Amendment to the Public
Safety Officer Pension Plan, with noted change (10:31:54)
Requestor:
Larry Barton, Chief Financial Officer
Motion by Lisa Summers to enter the E-Poll results into the record for the adopted resolution # 12-28-16A Resolution to Adopt the First Amendment to the Public Safety Officer Pension Plan, with noted change,
seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
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6. Determine next steps regarding appointments to the Oneida Total Integrated
Enterprises corporate board (10:32:16)
Sponsor: David Jordan, Councilman
Motion by David Jordan to accept the information as provided, noting action was taken to replace the
Oneida Total Integrated Enterprises board members in open session under item 08.A. Appointments,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
XVI. ADJOURN
Motion by Trish King to adjourn 2:29 p.m. on January 13, 2017, seconded by David Jordan. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
01 / 25 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt resolution entitled Extending the Appointment of Agent for Oneida Seven Generations Corporation
Until Such Time as Dissolution is Completed
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Lisa Liggins, Executive Assistant
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Unbudgeted
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
**Background**
The current Agent, appointed by resolution # BC-05-27-15-C, has begun the process of dissolution which
includes maintaining the value of existing assets during dissolution.
There continues to exist one final litigation related matter which has significant value to Oneida Seven
Generations Corporation that dissolution should be delayed in order for the litigation to be concluded.
The current Agent has resolved financial issues by stabilizing existing loans, solidifying the tenant relationships,
continued to locate tenants for existing facilities, and manage litigation in a manner that will allow the final
actions of dissolution to be completed in a manner that will reduce costs associated with existing financing and
potential loss of existing tenants and at the same time allowing a cleaner transition of corporate assets and
closure of liabilities when dissolution occurs.
**Requested Action**
Adopt resolution entitled Extending the Appointment of Agent for Oneida Seven Generations Corporation Until
Such Time as Dissolution is Completed
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 # _______________
Extending the Appointment of Agent for Oneida Seven Generations Corporation Until Such Time
as Dissolution is Completed
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 General Tribal Council adopted a motion on December 15, 2013 directing the
dissolution of the Oneida Seven Generations Corporation; and
WHEREAS,
the Oneida Business Committee immediately began the process of an orderly dissolution
by amending the corporate charter, replacing the board with an agent and directing the
orderly dissolution begin; and
WHEREAS,
the Oneida Seven Generations Corporation and the Oneida Nation was soon thereafter
sued by ACF and related entities in state court in Illinois which impeded the ability to
dissolve the corporation; and
WHEREAS,
the Oneida Nation and the Oneida Seven Generations Corporation, along with its
subsidiaries were either dismissed or settled; and
WHEREAS,
the current Agent, appointed by resolution # BC-05-27-15-C, has begun the process of
dissolution which includes maintaining the value of existing assets during dissolution; and
WHEREAS,
there continues to exist one final litigation related matter which has significant value to
Oneida Seven Generations Corporation that dissolution should be delayed in order for
the litigation to be concluded; and
WHEREAS,
the current Agent has resolved financial issues by stabilizing existing loans, solidifying
the tenant relationships, continued to locate tenants for existing facilities, and manage
litigation in a manner that will allow the final actions of dissolution to be completed in a
manner that will reduce costs associated with existing financing and potential loss of
existing tenants and at the same time allowing a cleaner transition of corporate assets
and closure of liabilities when dissolution occurs; and
NOW THEREFORE BE IT RESOLVED, that the Agent appointed in resolution # BC-05-27-15-C, King
Solutions LLC shall continue as agent until such time as the corporation is dissolved and all assets are
transferred to the Tribe or until the appointment has been rescinded by the Oneida Business Committee,
whichever is sooner.
Open Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
1
/ 25 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Consider Tobacco Amendments for adoption
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:
Brandon Stevens, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
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Oneida Nation
=DODOOO
PO Box 365 • Oneida, WI 54l.SS-036S
ONEIDA
One ida-nsn .gov
TO:
FROM:
DATE:
RE:
~
Oneida Business Committee
Legislative Operating Committee
Oneida Business Committee
-::-12.._ .
Brandon Stevens, LOC ChairpersoH / 5
January 25, 2017
Tobacco Law Amendments
Please find the following attached backup documentation for your consideration of the Tobacco
Law Amendments:
1. Resolution: Tobacco Law Amendments
2. Statement of Effect: Tobacco Law Amendments
3. Tobacco Law Amendments Legislative Analysis
4. Tobacco Law (Redline)
5. Tobacco Law (Clean)
6. Tobacco Law Amendments Fiscal Impact Statement
Overview
This Resolution adopts amendments to the cunent Tobacco Ordinance. The amendments:
•
•
•
Remove the requirement that all employees be emolled members of the Oneida Nation
allowing Oneida Retail locations to employ persons not emolled in the Oneida Nation;
and
Replace the term "tobacco outlet" with "Oneida retail location;" and
Update the language and format to ensure compliance with drafting style and fmmatting
requirements.
In accordance with the Legislative Procedures Act, a public meeting was held regarding the
amendments on December 15, 2016, with a comment period closing on December 22, 2016.
Those comments were accepted and considered by the LOC at the January 4, 2017, LOC
meeting.
Requested Action
Approve the Resolution: Tobacco Law Amendments.
Page 1 of 1
A good mind. A good heart. A stro ng fi re.
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # ________________
Tobacco Law Amendments
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Tobacco Ordinance (the “Ordinance”) was adopted by the Oneida Business
Committee by resolution BC-11-18-81-A and amended by resolution BC-10-10-07-A and
BC-04-09-14-F; and
WHEREAS,
amendments now refer to the Ordinance as the Tobacco law in alignment with the
Legislative Operating Committee’s directive that all legislation is to be classified as laws
moving forward; and
WHEREAS,
currently, the Ordinance requires all Oneida retail employees be enrolled members of the
Oneida Nation; and
WHEREAS,
the amendments remove the requirement for enrollment in the Oneida Nation from the
Law allowing Oneida Retail locations to employ persons not enrolled in the Oneida
Nation; and
WHEREAS,
a public meeting on the amendments was held on December 15, 2016, in accordance
with the Legislative Procedures Act, and comments received were reviewed and
accepted by the Legislative Operating Committee on January 4, 2017.
NOW THEREFORE BE IT RESOLVED, that the amendments to the Tobacco law are hereby adopted.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Tobacco Law Amendments
Summary
This Resolution adopts amendments to the Tobacco Law (the “Law”) that remove the
requirement that Oneida Retail employees be enrolled members in the Oneida Nation.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Analysis by the Legislative Reference Office
Amendments to the Tobacco Ordinance (the “Ordinance”) retitle the Ordinance as a law in
alignment with the Legislative Operating Committee’s (LOC’s) directive that all policies are to
be classified as laws moving forward.
Currently, the Ordinance requires that all employees of an Oneida retail location be enrolled
members of the Oneida Nation. The amendments remove the requirement for enrollment in the
Oneida Nation from the Law allowing Oneida Retail locations to employ persons not enrolled in
the Oneida Nation
Although the Law removed all references to enrollment requirements, the Nation’s Oneida
Preference and Indian Preference Policy still governs and provides Oneida applicants preference
in hiring for Oneida retail positions. The January 8, 1990 General Tribal Council directive that
general managers and all top administrative positions shall be held by enrolled members of the
Nation will still apply to Oneida retail location positions. Additionally, the Nation’s Human
Resource Department has an Oneida Enrolled Tribal Member Requirements on Job Descriptions
work standard, which defines criteria used to determine positions within the structure of the
Oneida Nation which shall be held by an enrolled member of the Nation, would still apply to
Oneida retail positions.
Additional amendments:
• replace the term “tobacco outlet” with “Oneida retail location;” and
• remove the term “manager” from the definitions; and
• replace the term “tribal employee” with “employee;” and
• update Section 115.4-2 to remove the requirement that Oneida retail locations be
managed and operated by a tribal employee and instead state that Oneida retail locations
be managed and operated by the Oneida Nation; and
• replace references to the “Personnel Policies and Procedures” with the “Nation’s laws,
rules and policies governing employment” so that the Law allows for the possibility of
future legislation regarding employment; and
• replace various references to the “Tribe” with “Nation” to reflect the 2015 Constitutional
Amendments; and
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•
•
Page 57 of 636
update Section 115.2. to ensure compliance with the language required by the Legislative
Procedures Act; and
update the language and format to ensure compliance with drafting style and formatting
requirements.
A public meeting on the proposed amendments was held on December 15, 2016, in accordance
with the Legislative Procedures Act. On January 4, 2017, the LOC reviewed all comments
received during the public comment period; and any changes made based on those comments
have been incorporated into this draft.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
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Draft # 2 for OBC Consideration
2017 01 25
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Tobacco
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Analysis by the Legislative Reference Office
Title
Sponsor
Requester &
Reason for
Request
Purpose
Authorized/
Affected Entities
Related
Legislation
Enforcement &
Due Process
Public Meeting
Status
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Tobacco (law)
Drafter Clorissa N. Santiago
Analyst Maureen Perkins
Tehassi Hill
Dawn Moon-Kopetsky and Retail Division
Amend the law to allow Oneida Retail to hire non-Oneida employees due to inability to
keep positions filled with current restrictions to only hire Oneida members in retail.
Regulates the sale, possession and distribution of cigarettes within the Reservation.
Oneida Retail Enterprise, Oneida Human Resources Department, Judiciary
Rules of Civil Procedure
All cigarettes acquired, owned, possessed, sold, or distributed in violation of this law
are unlawful property and subject to seizure by any Oneida law enforcement officer
[see 115.8-1]. Violators subject to the jurisdiction of the Nation shall be subject to a
fine of not more than ten dollars ($10) per pack of un-stamped cigarettes to be issued
by the Oneida Police Department and paid to the Nation [see 115.8-1(a)]. Oneida
Nation employees who violate this law shall be subject to disciplinary action in
accordance with the Nation’s laws, rules, and policies governing employment [see
115.8-1(b)]. Persons issued citations under this law may contest the citation with the
Nation’s judicial system [115.8-2].
A public meeting was held December 15, 2016.
Overview
Amendments to the Tobacco Ordinance were requested by a Tribal member and the
Oneida Retail Enterprise to remove restrictions that require Oneida Retail employees be enrolled
Members of the Nation. The Oneida Retail Enterprise is having difficulty hiring and retaining
Retail Associates and the restrictions in the current Ordinance requiring employees of Oneida
Retail be enrolled Members is limiting their ability to fully staff the Oneida retail locations. The
Retail Enterprise has averaged approximately 5-8 vacancies within the past 18 months.
Proposed Amendments
“Manager” was removed from the definitions list.
o Oneida and Indian Preference in hiring will govern and provide Oneida applicants
preference in Retail positions.
o The January 8, 1990 GTC directive that the General Manager’s and all top
administrative positions be held by enrolled tribal members will apply to these
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positions through the HRD hiring process.
“Tribal Employee” was removed from the definitions list and replaced with “Employee”
which is defined as a person employed by the Oneida Nation working in an Oneida retail
location. This change removed restrictions that employees of Oneida Retail be enrolled
members of the Nation.
o Indian Preference in hiring will govern and provide Oneida applicants with
preference in Retail positions.
Section 115.4-2 was updated to remove the requirement that Oneida Retail locations be
managed and operated by a Tribal Employee and instead states that Oneida retail
locations be managed and operated by the Oneida Nation. Indian preference and the
GTC motion regarding hiring Tribal members will still apply to hiring Oneida Retail
managers.
Reference to Personnel Policies and Procedures was removed and replaced with the
Nation’s laws, rules and policies governing employment. This language is more general
and allows for the possibility of future legislation regarding employment [see 115.81(b)].
The Violations section [see 115.8-2] was amended to clarify that citations under this law
are contested (not appealed) to the Nation’s judicial system.
Other
Minor changes:
o Retitle the Tobacco Ordinance as a law in alignment with the Legislative Operating
Committee’s directive that all policies be classified as laws.
o Replace the term “tobacco outlet” with “Oneida retail location.”
o Update the language and ensure compliance with drafting style and formatting
requirements.
o To reflect the 2015 Constitutional Amendments, various references to the “Tribe”
have been replaced with references to the “Nation.”
o Section 115-2 has been revised to ensure compliance with the language required by
the Legislative Procedures Act.
o Reformat the law to align with the approved reorganization of the laws.
Considerations
The job descriptions for the Oneida Retail Enterprise positions will need to be updated to
reflect changes in this law.
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Title 1. Government and Finances - Chapter 60115
TOBACCO ORDINANCE
Oy&=kwa> Olihw@=ke
matters concerning tobacco
60115.1. Purpose and Policy
60115.2. Adoption, Amendment, Repeal
60115.3. Definitions
60115.4. Tobacco Outlets
Oneida Retail Locations
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60115.5. Purchase of, Title to And Possession of Tobacco
Products
60115.6. Restrictions on Sales
60115.7. Tribal Liability
60115.8 Violations
60115.1. Purpose and Policy
60115.1-1. Purpose. The purpose of this Lawlaw is to regulate the sale, possession and
distribution of cigarettes within the Reservation.
60115.1-2. Policy. It is the policy of the TribeNation to ensure that all cigarette sales on the
Reservation are conducted in a lawful manner.
60115.2. Adoption, Amendment, Repeal
60115.2-1. This Lawlaw was adopted by the Oneida Business Committee by resolution BC- 1118-81-A and amended by resolution BC-10-10-07-A and, BC-04-09-14-F., and BC__________.
60115.2-2. This Lawlaw 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.
60115.2-3. Should a provision of this Lawlaw or the application thereof to any person or
circumstances be held as invalid, such invalidity shall not affect other provisions of this Lawlaw
which are considered to have legal force without the invalid portions.
60115.2-4. In the event of a conflict between a provision of this Lawlaw and a provision of
another law, the provisions of this Lawlaw shall control.
60115.2-5. This Lawlaw is adopted under authority of the Constitution of the Oneida Tribe of
Indians of WisconsinNation.
60115.3. Definitions
60115.3-1. This section shall govern the definitions of words and phrases used within this
Lawlaw. All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Cigarette” shall meanmeans 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” shall meanmeans 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) “Manager” shall mean an enrolled member of the Oneida Tribe of Indians of
WisconsinEmployee” means a person employed by the Tribe to manage a Tobacco
outletOneida 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” shall mean.
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(f) “Reservation” means all land within the exterior boundaries of the Reservation of the
Oneida Tribe of Indians of WisconsinNation, as created pursuant to the 1838 Treaty with
the Oneida, 7 Stat. 566, and any land added thereto pursuant to federal law.
(eg) “Stamped Cigarettes” shall meanmeans cigarettes bearing valid Wisconsin tax
stamps.
(f) “Tobacco Outlet” shall mean a Tribal retail sales business selling stamped cigarettes
within the Oneida Indian Reservation.
(g) “Tribal Employee” shall mean an enrolled member of the Oneida Tribe of Indians of
Wisconsin employed to work in or manage a Tobacco outlet.
(h) “Tribal Member” shall mean an enrolled member of the Oneida Tribe of Indians of
Wisconsin.
(i) “Tribe” shall mean the Oneida Tribe of Indians of Wisconsin.
60.4. Tobacco Outlets
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115.4. Oneida Retail Locations
115.4-1. The TribeNation shall maintain tobacco outletsOneida retail locations within the
Reservation as it deems necessary to provide adequate service to consumers of stamped
cigarettes.
60115.4-2. Each tobacco outletOneida retail location established hereunder shall be a Tribal
Tobacco Outlet and shall be managed orand operated forby the Tribe by a Tribal
employeeOneida Nation.
60115.5. Purchase of, Title to Andand Possession of Tobacco Products
60115.5-1. The TribeNation shall purchase stamped cigarettes from such suppliers as it may
choose and shall take title and possession on delivery to a tobacco outletan Oneida retail location
on the Reservation (the title shall be subject to any purchase money security interest).
Possession of the stamped cigarettes (but not title) shall be transferred to the manager of the
tobacco outletOneida retail location to be held for sale to the consumers. The TribeNation shall
retain title to stamped cigarettes until sold to a consumer.
60115.6. Restrictions on Sales
60115.6-1. The TribeNation shall be the exclusive retailer of cigarettes bearing the Wisconsin
Tribal Cigarette tax stamp within the Reservation. Furthermore, only the TribeNation may claim
the tax refunds on cigarettes sold on the Reservation as provided for under state law.
60115.6-2. The TribeNation reserves the right to restrict sales, volume, pricing and profit margin
of stamped cigarettes sold at a tobacco outletOneida retail location.
60115.6-3. Cigarettes and electronic cigarettes shall not be sold to any person under the age of
eighteen (18). Cigarettes and electronic cigarettes for sale at a tobacco outletan Oneida retail
location shall be on display behind a counter. No person other than an authorized Tribal
employee shall sell cigarettes and electronic cigarettes at a tobacco outletan Oneida retail
location.
60115.6-4. No person may sell or offer for sale unstamped cigarettes on the Reservation.
60115.7. Tribal Liability
60115.7-1. The TribeNation shall be responsible for all risks to the stamped cigarettes and shall
carry full insurance against fire, theft, and other hazards, and such insurance shall include as a
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beneficiary any person owning a purchase money security interest in the products to the extent
his or her interest may appear.
60115.8 Violations
60115.8-1. All cigarettes acquired, owned, possessed, sold, or distributed in violation of this
Lawlaw are unlawful property and subject to seizure by any Oneida law enforcement officer.
(a) Violators subject to the jurisdiction of the TribeNation shall be subject to a fine of not
more than $ten dollars ($10) per pack of un-stamped cigarettes to be issued by the Oneida
Police Department and paid to the TribeNation.
(b) Tribal employeesEmployees who violate this Lawlaw shall be subject to disciplinary
action in accordance with the Tribe’s personnel Nation’s laws, rules, and policies and
procedures.governing employment.
60115.8-2. All fines assessed under this section shall be paid within sixty (60) days of issuance
of the citation, unless the person files an appealcontests the citation with the Tribe’sNation’s
judicial system before the fine is to be paid.
End.
Adopted - BC-3-15-76-A
Adopted - BC-9-7-77-B
Adopted - BC-9-4-79-C
Adopted - BC-11-18-81-A
Amended - BC-10-10-07-A
Amended - BC-04-09-14-F
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Title 1. Government and Finances - Chapter 115
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__________.
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.
(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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(g) “Stamped Cigarettes” means cigarettes bearing valid Wisconsin tax stamps.
115.4. Oneida Retail Locations
115.4-1. The Nation shall maintain Oneida retail locations within the Reservation as it deems
necessary to provide adequate service to consumers of stamped cigarettes.
115.4-2. Each Oneida retail location established hereunder shall be managed and operated by the
Oneida Nation.
115.5. Purchase of, Title to and Possession of Tobacco Products
115.5-1. The Nation shall purchase stamped cigarettes from such suppliers as it may choose and
shall take title and possession on delivery to an Oneida retail location on the Reservation (the
title shall be subject to any purchase money security interest). Possession of the stamped
cigarettes (but not title) shall be transferred to the manager of the Oneida retail location to be
held for sale to the consumers. The Nation shall retain title to stamped cigarettes until sold to a
consumer.
115.6. Restrictions on Sales
115.6-1. The Nation shall be the exclusive retailer of cigarettes bearing the Wisconsin Tribal
Cigarette tax stamp within the Reservation. Furthermore, only the Nation may claim the tax
refunds on cigarettes sold on the Reservation as provided for under state law.
115.6-2. The Nation reserves the right to restrict sales, volume, pricing and profit margin of
stamped cigarettes sold at a Oneida retail location.
115.6-3. Cigarettes and electronic cigarettes shall not be sold to any person under the age of
eighteen (18). Cigarettes and electronic cigarettes for sale at an Oneida retail location shall be on
display behind a counter. No person other than an authorized employee shall sell cigarettes and
electronic cigarettes at an Oneida retail location.
115.6-4. No person may sell or offer for sale unstamped cigarettes on the Reservation.
115.7. Liability
115.7-1. The Nation shall be responsible for all risks to the stamped cigarettes and shall carry
full insurance against fire, theft, and other hazards, and such insurance shall include as a
beneficiary any person owning a purchase money security interest in the products to the extent
his or her interest may appear.
115.8 Violations
115.8-1. All cigarettes acquired, owned, possessed, sold, or distributed in violation of this law
are unlawful property and subject to seizure by any Oneida law enforcement officer.
(a) Violators subject to the jurisdiction of the Nation shall be subject to a fine of not
more than ten dollars ($10) per pack of un-stamped cigarettes to be issued by the Oneida
Police Department and paid to the Nation.
(b) Employees who violate this law shall be subject to disciplinary action in accordance
with the Nation’s laws, rules, and policies governing employment.
115.8-2. All fines assessed under this section 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.
End.
Adopted - BC-3-15-76-A
Adopted - BC-9-7-77-B
Adopted - BC-9-4-79-C
Adopted - BC-11-18-81-A
Amended - BC-10-10-07-A
Amended - BC-04-09-14-F
1 O.C. 115 – Page 2
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Finance
MEMORANDUM
DATE:
January 5, 2017
FROM:
Rae Skenandore, Project Manager
TO:
Larry Barton, Chief Financial Officer
Ralinda Ninham-Lamberies, Assistant Chief Financial Officer
RE:
Fiscal Impact Tobacco Amendments
I.
Background
This Law was adopted by the Oneida Business Committee by resolution BC-11-18-81-A
and amended by resolution BC-10-10-07-A and, BC-04-09-14-F. A public meeting was
held on December 15, 2016. The Legislative Operating Committee (LOC) has requested
a fiscal analysis on the amendments to the Law that would remove restrictions that
Oneida Retail employees be enrolled Oneida Tribal Members.
II.
Executive Summary of Findings
A “Fiscal impact statement” means an estimate of the total fiscal year financial effects
associated with legislation and includes startup costs, personnel, office, documentation
costs, as well as an estimate of the amount of time necessary for an agency to comply
with the law after implementation. Finance does NOT identify the source of funding for
the estimated cost or allocate any funds to the legislation. The analysis was completed on
Draft 2 for OBC Consideration 2017 01 11.
Employment in the Oneida Retail Enterprise (ORE) has consisted solely of Tribal
members for the last 36 years. To ease the transition to a new multicultural environment,
ORE will be offering diversity training over a period of six months to minimize potential
disruptions to operations.
Employees
108
Average Wage
$
15.00
1
Hours
Total
4
$6,480
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The expense is included in ORE’s 2017 budget. Implementation of the Law is dependent
on the training, which is dependent upon an approved 2017 budget. Estimated date of
approval is March 27th 2017. Estimated date for training to be complete is approximately
3-6 months or July of 2017 depending on the approval of the amendments.
III.
Financial Impact
$6,480
IV.
Recommendation
The Finance Department does not make a recommendation in regards to course of action
in this matter. Rather, it is the purpose of this report to disclose potential financial impact
of an action, so that the Oneida Business Committee and General Tribal Council has full
information with which to render a decision.
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
1
/ 25 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Consider Landlord-Tenant Emergency Amendments for adoption.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Emergency Adoption Packet
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
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 Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The Legislative Procedures Act allows the Business Committee to "temporarily enact an emergency law...for the
immediate preservation of the public health, safety, or general welfare of the reservation population." (LPA
16.9-5.)
The Landlord Tenant law is meant to apply to all landlord-tenant issues. It currently excludes rent-to-own clients
and prohibits rent-to-own agreements.
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
OODDOfJ:
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
One ida-nsn.gov
TO:
FROM:
DATE:
RE:
r'\
Oneida Business Committee
Legislative Operating Committee
Oneida Business Committee
~
Brandon Stevens, LOC Chairperson --0~
January 25, 2017
Landlord-Tenant Law Emergency Amendments
Please find the following attached backup documentation for your consideration of the LandlordTenant Law Emergency Amendments:
1.
2.
3.
4.
5.
Resolution: Landlord-Tenant Law Emergency Amendments
Statement of Effect: Landlord-Tenant Law Emergency Amendments
Landlord-Tenant Law Emergency Amendments Legislative Analysis
Landlord Tenant Law (Redline)
Landlord Tenant Law (Clean)
Overview
Emergency amendments to the Landlord-Tenant law (the "Law") are requested in order to allow
the Oneida Housing Authority's Rent-to-Own program to continue to exist within the confines of
the Law. The Landlord-Tenant law has an effective date of February 9, 2017 and non-emergency
amendments cannot be processed in time to meet this timeline.
The Oneida Business Committee can temporarily enact legislation when necessary for the
immediate preservation of the public health, safety or general welfare of the Reservation
population and when the amendment of legislation is required sooner than would be possible
under the Legislative Procedures Act. A fiscal impact statement and public meeting are not
required for emergency legislation.
The emergency amendments to the Landlord-Tenant law are necessary for the preservation ofthe
public health, safety, or general welfare of the reservation population because the amendments
prevent the prohibition of the Oneida Housing Authority fi:om entering into rent-to-own program
agreements when the Law becomes effective on February 9, 2017. Additionally, observance of
the adoption requirements under the Legislative Procedures Act for adoption of this amendment
would be contrary to public interest.
The emergency amendments to the Law will become effective immediately upon effect of the
Law on February 9, 2017, and will remain effective for six (6) months, with the possibility to
extend for an additional six (6) months, or until the emergency amendments expire or are
permanently adopted.
Requested Action
Approve the Resolution: Landlord-Tenant Law Emergency Amendments.
Page 1 of 1
A good mind. A good heart. A stro ng fi re.
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # ________________
Landlord-Tenant Law Emergency Amendments
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Landlord-Tenant law (the “Law”) was adopted by the Oneida Business Committee by
resolution 10-12-16-C; and
WHEREAS,
the Law provides mechanisms for protecting the rights of the landlords and tenants of the
Nation’s rental programs; and
WHEREAS,
the current Law applies to rental agreements defined as, “a written contract between a
landlord and a tenant, whereby the tenant is granted the right to use or occupy the
premises for a residential purpose for one (1) year or less;” and
WHEREAS,
the Oneida Housing Authority’s rent-to-own program does not fall into the Law’s definition
of rental agreements because the rental agreement for the rent-to-own program generally
has a fifteen (15) year term with conveyance of the home at the satisfaction of the rental
agreement; and
WHEREAS,
the rental agreements in the Law were limited to one (1) year terms to fortify the policy
requiring annual renewals of rental agreements and to avoid month-to-month tenancies;
and
WHEREAS,
the emergency amendment to the Law maintains the Law’s policies while including the
Oneida Housing Authority’s rent-to-own program by revising the definition of “rental
agreement” to state, “a written contract between a landlord and a tenant, whereby the
tenant is granted the right to use or occupy the premises for a residential purpose for one
(1) year or less, provided that the term may be longer than one (1) year in circumstances
where the contract is on a rent to own basis;” and
WHEREAS,
the Legislative Procedures Act authorizes the Oneida Business Committee to enact
legislation on an emergency b
This text is long and has been trimmed here. Open the source document for the complete record.
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