# Phone: (920)869-2214 (2016) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A7f0441681af1b579 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Oneida Nation Post Office Box 365 Oneida, WI 54155 Phone: (920)869-2214 BC Meeting Materials August 24, 2016 Open Session CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the following 464 pages are the Open Session meeting materials presented at a meeting duly called, noticed and held on the 24th day of August, 2016 and reconvened on the 29th day of August, 2016. ____________________________ Lisa Summers, Tribal Secretary Oneida Business Committee Page 1 of 461 Oneida Business Committee Executive Session 9:00 a.m. Tuesday, August 23, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, August 24, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Agenda To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/ I. CALL TO ORDER AND ROLL CALL II. OPENING III. ADOPT THE AGENDA IV. OATHS OF OFFICE page 9 A. Oneida Land Commission – Rebecca Webster and Lloyd Powless Jr. B. Oneida Land Claims Commission – Charles Wheelock, Chris Cornelius, and Tomas Escamea C. Oneida Nation Commission on Aging – Mary Ann Kruckeberg, Dale Webster, and Arlie Doxtator D. Oneida Trust/Enrollment Committee – Norbert Hill Jr., Dylan Benton, and Loretta Metoxen V. E. Oneida Nation School Board – Shanna Torres F. Oneida Election Board – Brian Beaulieu and Teresa Schuman MINUTES A. Approve August 3, 2016, special meeting minutes Sponsor: B. Approve August 10, 2016, regular meeting minutes Sponsor: page 11 Lisa Summers, Tribal Secretary Lisa Summers, Tribal Secretary Oneida Business Committee Regular Meeting Agenda of August 24, 2016 Page 1 of 8 page 14 Page 2 of 461 VI. RESOLUTIONS A. Adopt resolution titled Adoption of the Oneida Youth Leadership Institute’s Charter Sponsor: page 32 Joanie Buckley, Division Director/Internal Services 1. Approve corresponding Oneida Youth Leadership Institute’s by-laws page 45 B. Adopt resolution titled Wisconsin Dept. of Transportation (WisDOT)/Tribal Historic Preservation Office (THPO) Project Sponsor: Joanie Buckley, Division Director/Internal Services C. Adopt resolution titled Oneida Nation of Wisconsin 2015-2020 Pre-Disaster Mitigation Plan Sponsor: VII. page 54 page 63 Kaylynn Gresham, Director/Emergency Management APPOINTMENTS A. Approve recommendation to appoint Beverly Anderson and Twylite Moore to Oneida Police Commission Sponsor: Tina Danforth, Tribal Chairwoman page 84 B. Approve recommendation to appoint Jennifer L. Hill and Michael Denny to Oneida Library Board Sponsor: Tina Danforth, Tribal Chairwoman page 87 C. Approve recommendation to appoint Peter Stevens to Southeastern Oneida Tribal Services Advisory Board Sponsor: Tina Danforth, Tribal Chairwoman D. Approve recommendation to appoint Teresa Schuman to Oneida Pow Wow Committee Sponsor: E. F. VIII. page 90 page 92 Tina Danforth, Tribal Chairwoman Approve recommendation to appoint Melinda K. Danforth and Wesley Martin Jr. to Child Protective Board Sponsor: Tina Danforth, Tribal Chairwoman page 94 Approve recommendation to appoint Leland Wigg-Ninham, Eric Krawczyk, and Jennifer L. Hill to Oneida Personnel Commission Sponsor: Tina Danforth, Tribal Chairwoman page 97 STANDING COMMITTEES A. Legislative Operating Committee Sponsor: Councilman Brandon Stevens, Chair 1. Accept August 3, 2016, Legislative Operating Committee meeting minutes page 100 B. Finance Committee Sponsor: Tribal Treasurer Trish King, Chair 1. Approve August 15, 2016, Finance Committee meeting minutes Oneida Business Committee Regular Meeting Agenda of August 24, 2016 Page 2 of 8 page 103 Page 3 of 461 IX. GENERAL TRIBAL COUNCIL A. Approve three (3) requests regarding a Reconvened Special General Tribal Council meeting from the August 10, 2016, Special General Tribal Council meeting Sponsor: Lisa Summers, Tribal Secretary page 113 B. Approve meeting date and time for 2017 Annual General Tribal Council meeting; reserving February 13, 2017, as an alternate date in event of inclement weather Sponsor: Lisa Summers, Tribal Secretary page 304 C. Accept verified petition submitted by Madelyn Genskow and Yvonne Metivier regarding incentive stipends for Oneida Nation elections starting 2017; and request appropriate analyses page 306 Sponsor: Lisa Summers, Tribal Secretary X. STANDING ITEMS A. Accept update regarding Work Plan for Cemetery Improvements project # 14-002 Sponsor: XI. page 317 James Petitjean, Interim Assistant Division Director/Development UNFINISHED BUSINESS A. Review update regarding Oneida Sacred Burial Grounds and determine appropriate next steps page 322 Sponsor: Brandon Stevens, Councilman and Liaison/Trust and Enrollment Committee EXCERPT FROM JUNE 8, 2016: Motion by Lisa Summers to accept the information in the memorandum from the Trust Department dated May 31, 2016, as information, noting there have been two (2) identified alternative sites for a cemetery should the need arise and to send this item to the next available Officers’ meeting for continued follow-up with the overall cemetery work plan, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM MARCH 9, 2016: (1) Motion by Tehassi Hill to accept the presentation regarding the Oneida Sacred Burial Grounds per GTC Directive, seconded by Trish King. Motion carried unanimously. (2) Amendment to the main motion by Tehassi Hill to request an update at the first regular Business Committee meeting in June regarding potential locations of the cemetery, seconded by Trish King. Motion carried unanimously. B. Approve updated Oneida Head Start/Early Head Start Selection Criteria Sponsor: page 327 Don White, Division Director/Governmental Services EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. C. Approve request from Tribal Member to direct Division Director of Environmental Health & Safety to provide timelines, clarifications, and accountability regarding Environmental Health & page 330 Safety FY ’16 3rd quarter report (This item is scheduled at 10:00 a.m.) Sponsor: Tina Danforth, Tribal Chairwoman EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of August 24, 2016 Page 3 of 8 Page 4 of 461 XII. TABLED BUSINESS A. Adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal Council on June 13, 2016 Sponsor: Lisa Summers, Tribal Secretary page 341 EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal Council on June 13, 2016, seconded by Brandon Stevens. Motion ruled out of order by Chairwoman Tina Danforth. (2) Motion by Lisa Summers to table this item to the July 27, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. XIII. NEW BUSINESS A. Approve request to post one (1) vacancy on the Southeastern Oneida Tribal Services Advisory Board with a term end date of November 12, 2017 Sponsor: Lisa Summers, Tribal Secretary page 352 B. Approve request to direct Business Committee Officers to complete reorganization of Utilities/Wastewater Dept. to the Dept. of Public Works in accordance with Standard Operating Procedure titled Reorganizing Positions page 354 Sponsor: Trish King, Tribal Treasurer XIV. TRAVEL A. UNFINISHED TRAVEL REPORTS 1. Accept travel report – Chairwoman Tina Danforth – American Indian Sovereignty in Action – Havana, Cuba – July 18-22, 2016 page 357 EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. B. TRAVEL REPORTS 1. Accept travel report – Secretary Lisa Summers – National Congress of American Indians (NCAI) mid-year conference – Spokane, WA – June 27-30, 2016 page 362 2. Accept travel report – Secretary Lisa Summers – Midwest Alliance of Sovereign Tribes (MAST) summer meeting – New Buffalo, MI – July 20-21, 2016 page 365 C. UNFINISHED TRAVEL REQUESTS 1. Enter E-Poll results into the record for approval of Oneida Arts Board travel request in accordance with the Travel & Expense Policy – Three (3) Music from Our Culture (MOC) teachers and six (6) Kids Learning their Culture/Ways (KLU) students – National Indian Tourism Conference – Seattle, WA – September 13-15, 2016 Sponsor: Lisa Summers, Tribal Secretary Oneida Business Committee Regular Meeting Agenda of August 24, 2016 Page 4 of 8 page 368 Page 5 of 461 EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. D. TRAVEL REQUESTS 1. Approve travel request in accordance with Travel & Expense Policy – Four (4) Oneida Language Department staff – Kaliwiyo Ceremonies – Corfu, NY (Tonawanda Seneca Longhouse) – September 9-16, 2016 Sponsor: Don White, Division Director/Governmental Services XV. page 378 REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.) A. UNFINISHED REPORTS 1. Accept Internal Services Division FY ’16 3rd quarter report (1:30 p.m.-1:50 p.m.) Sponsor: page 384 Joanie Buckley, Division Director/Internal Services EXCERPT FROM AUGUST 10, 2016: Motion by Lisa Summers to defer the Internal Services Division FY ’16 3rd quarter report to the August 24, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. B. OPERATIONAL REPORTS 1. Accept Comprehensive Health Division FY ’16 3rd quarter report (1:50 p.m.-2:10 p.m.) Sponsors: page 398 Debra Danforth Division Director/Comprehensive Health Operations; Dr. Ravinder Vir, Division Director/Medical Operations C. BOARDS, COMMITTEES, AND COMMISSIONS 1. Accept Land Claims Commission FY ’16 3rd quarter report (2:10 p.m.-2:35 p.m.) Vice-Chair: Liaison: 2. Accept Oneida Nation School Board FY ’16 3rd quarter report (2:35 p.m.-2:50 p.m.) Chair: Liaison: page 453 Roxanne Anderson Fawn Billie, Councilwoman 4. Accept Environmental Resources Board FY ’16 3rd quarter report (3:05 p.m.-3:20 p.m.) Chair: Liaison: page 450 Debra Danforth Fawn Billie, Councilwoman 3. Accept Oneida Library Board FY ’16 3rd quarter report (2:50 p.m.-3:05 p.m.) Vice-Chair: Liaison: page 448 Loretta Metoxen Brandon Stevens, Councilman page 456 Marlene Garvey Tehassi Hill, Councilman 5. Defer Child Protective Board FY ’16 3rd quarter report to the September 14, 2016, regular Business Committee meeting Chair: Dale Powless Liaison: Lisa Summers, Tribal Secretary Oneida Business Committee Regular Meeting Agenda of August 24, 2016 Page 5 of 8 page 460 Page 6 of 461 XVI. EXECUTIVE SESSION A. REPORTS 1. Accept Intergovernmental Affairs & Communications report – Nathan King, Director page 462 2. Accept Chief Counsel report – Jo Anne House, Chief Counsel page 475 a. Enter E-Poll results into the record approving 1st Amendment to Attorney McAndrews employment contract # 2013-0873 page 476 b. Approve limited waiver of sovereign immunity – LexisNexis-Time Matters Annual Maintenance Agreement – contract # 2016-0909 c. Approve Andrus Intellectual Property Law LLP. – contract # 2016-0912 3. Accept Chief Financial Officer report – Larry Barton, Chief Financial Officer page 483 page 493 page 501 B. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) 2. Oneida Golf Enterprise – Ladies Professional Golf Association page 508 (This item is scheduled at 10:00 a.m.) Sponsor: Trish King, Tribal Treasurer C. UNFINISHED BUSINESS 1. Accept Chief Counsel report dated August 9, 2016 – Jo Anne House, Chief Counsel page 516 EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. 2. Approve two (2) recommendations by sub-committee; and close-out complaint # 2016-DR06-01 Sponsors: page 518 Tehassi Hill, Councilman; Brandon Stevens, Councilman; Jennifer Webster, Councilwoman EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM JUNE 22, 2016: Motion by Jennifer Webster to defer the update regarding complaint # 2016-DR06-01 to the August 10, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM MAY 25, 2016: Motion by Lisa Summers to accept the update regarding complaint # 2016-DR06-01; and to defer item to the June 22, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM MARCH 30, 2016: Motion by Tehassi Hill to accept Complaint # 2016-DR06-01, to acknowledge merit, and to assign Councilman Brandon Stevens, Councilman Tehassi Hill, and Councilwoman Jennifer Webster, seconded by Fawn Billie. Motion carried with one abstention. Oneida Business Committee Regular Meeting Agenda of August 24, 2016 Page 6 of 8 Page 7 of 461 3. Approve investigation results and close-out concern # 2016-CC-09 Sponsor: page 523 Melinda J. Danforth, Tribal Vice-Chairwoman; Fawn Billie, Councilwoman EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM JUNE 22, 2016: Motion by Jennifer Webster to defer concern # 2016-CC-09 to Vice-Chairwoman Melinda J. Danforth and Councilwoman Fawn Billie, seconded by Fawn Billie. Motion carried unanimously. 4. Approve two (2) requests regarding complaint # 2016-DR07-01 Sponsors: page 547 Lisa Summers, Tribal Secretary; David Jordan, Councilman; Brandon Stevens, Councilman EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. EXCERPT FROM JULY 27, 2016: Motion by Melinda J. Danforth to assign Secretary Lisa Summers, Councilman David Jordan, and Councilman Brandon Stevens to form a subcommittee to investigate the complaint, seconded by Fawn Billie. Motion carried unanimously. 5. Enter E-Poll results into the record approving (4) four requests regarding Family Court Judge job description and position Sponsor: Lisa Summers, Tribal Secretary page 550 EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. 6. Approve limited waiver of sovereign immunity – First Data Merchant Services – contract # 2016-0564 Sponsor: Louise Cornelius, Gaming General Manager page 596 EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. 7. Approve request to support procedural exception to reallocate funds from CapEX to Technology Set Aside regarding Surveillance System Replacement project for FY ’16 and FY ’17 Chair: Mark A. Powless Sr., Gaming Commission Liaison: Brandon Stevens, Councilman page 629 EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. 8. Approve request from Tribal Member for accountability to be provided regarding violation of Code of Ethics by Oneida Business Committee member at the July 27, 2016, regular Business Committee meeting Sponsor: Tina Danforth, Tribal Chairwoman page 632 EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of August 24, 2016 Page 7 of 8 Page 8 of 461 9. Review request from Tribal Member regarding depletion of Bureau of Indian Affairs – General Assistance Grant funds and determine appropriate next steps Sponsor: Tina Danforth, Tribal Chairwoman page 644 EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. 10. Accept update regarding Chief Financial Officer employment contract as information page 649 Sponsor: Trish King, Tribal Treasurer EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. D. NEW BUSINESS 1. Approve limited waiver of sovereign immunity – BDO USA LLP. – contract # 2016-0279 page 665 (This item is scheduled at 9:00 a.m.) Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety XVII. ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 3:00 p.m., Friday, August 19, 2016, pursuant to the Open Records and Open Meetings Law, section 7.17-1. The meeting packet of the open session is available by going to the Oneida Nation’s official website at: https://oneidansn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214. Oneida Business Committee Regular Meeting Agenda of August 24, 2016 Page 8 of 8 Page 9 of 461 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 08 / 24 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office to Rebecca Webster and Lloyd Powless Jr, to the Oneida Land Commission. Charles Wheelock, Chris Cornelius, and Tomas Escamea to the Oneida Land Claims Commission. Mary Ann Kruckeberg, Dale Webster, and Arlie Doxtater to the Oneida Nation Commission on Aging. Norbert Hill Jr, Dylan Benton and Loretta Metoxen to the Oneida Trust/Enrollment Committee. Shanna Torres to the Oneida School Board. Brian Beaulieu and Teresa Schuman to the Oneida Election Board. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor: Kathleen M. Metoxen, Executive Tribal Clerk Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Page 10 of 461 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: There was a Special Election on July 9, 2016 for Elected Boards, Committees and Commissions. 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 Page 11 of 461 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 08 / 24 / 16 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 August 3, 2016, special meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. August 3, 2016, special meeting minutes 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Submitted by: Heather Heuer, Info. Mgmt. Specialist/BC Support Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Page 12 of 461 Oneida Business Committee Special Meeting 8:00 a.m. Wednesday, August 3, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Minutes - DRAFT SPECIAL MEETING Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Council members: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster; Not Present: Chairwoman Tina Danforth, Secretary Lisa Summers; Arrived at: Councilwoman Fawn Billie at 8:55 a.m.; Others present: Larry Barton, Jo Anne House, Janice Hirth-Skenandore, Josh Doxtator, Heather Heuer, Chris Liro, Steve Krueger; I. CALL TO ORDER AND ROLL CALL For the record: II. OPENING III. ADOPT THE AGENDA Secretary Lisa Summers is attending the Community Analysis Process for Planning Strategies in Prior Lake, MN. Motion by Trish King to adopt the agenda as presented, seconded by David Jordan. Motion carried unanimously: Ayes: Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Fawn Billie, Lisa Summers Motion by David Jordan to go into executive session at 8:05 a.m., seconded by Trish King. Motion carried unanimously: Ayes: Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Fawn Billie, Lisa Summers Councilwoman Fawn Billie arrives at 8:55 a.m. Motion by David Jordan to come out of executive session at 9:35 a.m., seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Summers Oneida Business Committee Special Meeting Minutes DRAFT of August 3, 2016 Page 1 of 2 Page 13 of 461 IV. EXECUTIVE SESSION A. NEW BUSINESS 1. Review update regarding Oneida Golf Enterprise – Ladies Professional Golf Association Agent: Liaison: Janice Skenandore-Hirth Trish King, Tribal Treasurer Motion by Jennifer Webster that the Business Committee acting as the representative of the shareholder of the Oneida Golf Enterprise operating the business Thornberry Creek at Oneida Golf Course selects Thornberry Creek LPGA Classic as the name of the LPGA tournament, seconded by Trish King. Motion carried with one opposed: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Jennifer Webster Opposed: Brandon Stevens Not Present: Tina Danforth, Lisa Summers Motion by Brandon Stevens to direct the Oneida Law Office to bring forward options with regards to this issue to the August 24, 2016, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Summers V. ADJOURN Motion by David Jordan to adjourn at 9:37 a.m., seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Summers Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented/corrected on ___________. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Special Meeting Minutes DRAFT of August 3, 2016 Page 2 of 2 Page 14 of 461 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 08 / 24 / 16 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 August 10, 2016, regular meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. August 10, 2016, regular meeting minutes 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Submitted by: Heather Heuer, Info. Mgmt. Specialist Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Page 15 of 461 DRAFT Oneida Business Committee Executive Session 9:00 a.m. Tuesday, August 9, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, August 10, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Minutes - DRAFT EXECUTIVE SESSION Present: Treasurer Trish King, Secretary Lisa Summers, Council members: Fawn Billie, David Jordan, Brandon Stevens, Jennifer Webster; Not Present: Vice-Chairwoman Melinda J. Danforth, Councilman Tehassi Hill; Arrived at: Chairwoman Tina Danforth at 9:11 a.m.; Others present: Jo Anne House, Larry Barton, Mark A. Powless Sr., Dave Cluckey, Matt Denny, Tom Danforth, Barbara Erickson, Cathy Metoxen, Denise Beans, Gerald Hill, Katrina Mungo, Nancy Barton; REGULAR MEETING Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens; Not Present: Vice-Chairwoman Melinda J. Danforth, Councilwoman Jennifer Webster; Arrived at: ; Others present: Brad Graham, Bill Graham, Geraldine Danforth, Don White, Ravinder Vir, Patrick, Stensloff, Norbert Hill Jr., Jessica Wallenfang, Jo Anne House, Heather Heuer, Tonya Webster, Wes Martin Jr., Henrietta Cornelius, Jessica Wallenfang, Lisa Hill, Kathleen Danforth, James Poels, William Stempski, Doreen Perrote, Cheryl Stevens, Nancy Barton, Rhiannon Metoxen, Ed Delgado, Mike Debraska, Cathy Metoxen, Larry Barton, Leyne Orosco, Brian Doxtator, Jen Falck, Matt Denny, Nic Reynolds, RaLinda Ninham-Lamberies, Josh Cottrell, Barbara Kolitsch, Dianne McLester-Heim, Chris Johns, Mark A. Powless Sr., Janet Danforth, Yetsi Danforth, Sheila Huntington, David Danforth, Kurt Jordan, Kate Miller, Dave Bischoff, Robin Doxtator, Sue Doxtator, Joan Christnot, Travis Wallenfang, Jed Schacht, Marsha Danforth, Sylvia Cornelius, Ken Hill, Apache Danforth, Tom Danforth, Dawn MoonKopetsky, Lisa Liggins, Jennifer Berg-Hargrove, Sarah Wunderlich, Lois Strong, Lois Powless, Vickie Cornelius, Jeff Metoxen; I. CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 9:03 a.m. For the record: Vice-Chairwoman Melinda J. Danforth out of the office on vacation time. Councilwoman Jennifer Webster is out of the office on personal time. Councilman David Jordan is excused for the afternoon on personal time. Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 1 of 17 Page 16 of 461 DRAFT II. OPENING by Councilman Tehassi Hill A. Special Recognition for Years of Services Sponsor: Geraldine Danforth, Area Manager/Human Resources Department Special Recognition by Patrick Stensloff of Lisa Hill (35 years); Special Recognition by James Poels of Kathleen Danforth (35 years); Special Recognition by Dr. Ravinder Vir of Dr. William Stempski (30 years); Special Recognition by Cheryl Stevens of Doreen Perrote (30 years); Special Recognition by Kurt Jordan of David Danforth (25 years); Special Recognition by Jeff Metoxen of Vickie Cornelius (25 years); Special Recognition by Geraldine Danforth of the following individuals who were not present: Jean Metoxen for 35 years of service, Allen Doxtator for 35 years of service, Cecelia Cornelius for 35 years of service, Kendall Barton for 30 years of service, Wendy Bloedorn for 30 years of service, Gregory Laehn for 30 years of service, Albert King for 30 years of service, Cynthia Niesen for 25 years of service, Robert Ninham for 25 years of service, Lawrence Cornelius for 25 years of service, and Timothy Huff for 25 years of service. III. ADOPT THE AGENDA (00:23:07) Motion by Lisa Summers to adopt the agenda with the following changes: [Delete item 10.A Accept update from Constitutional Amendments Implementation Team; and to delete item 11.A. Approve request to delete from agenda the approval of concept paper for Capital Improvement Project # 13-011 – Oneida Nation High School], seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, Jennifer Webster IV. OATHS OF OFFICE (No Requested Action) V. MINUTES (00:23:58) A. Approve July 27, 2016, regular meeting minutes Sponsor: Lisa Summers, Tribal Secretary Motion by Tehassi Hill to approve the July 27, 2016, regular meeting minutes, seconded by Trish King. Motion carried with two abstentions: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens Abstained: David Jordan, Lisa Summers Not Present: Melinda J. Danforth, Jennifer Webster VI. RESOLUTIONS (00:24:45) A. Adopt resolution titled Oneida Airport Hotel Corp. dba Radisson Inn-Green Bay Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer Motion by David Jordan to adopt resolution # 08-10-16-A Oneida Airport Hotel Corp. dba Radisson InnGreen Bay Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-B Oneida Bingo & Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-C Oneida Golf Enterprise for Thornberry Creek at Oneida Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-D Oneida One Stop – Larsen Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-E Oneida Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 2 of 17 Page 17 of 461 DRAFT One Stop – Packerland Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-F Oneida One Stop – E & EE Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-G Oneida One Stop – Westwind Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-H Oneida Casino Travel Center Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-I Three Clans Airport Wingate by Wyndham Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-J West Mason Street Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law, seconded by Fawn Billie. Motion carried with one opposed and one abstention: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens Opposed: Lisa Summers Abstained: Tehassi Hill Not Present: Melinda J. Danforth, Jennifer Webster For the record: Secretary Lisa Summers stated I just want to note that I oppose these every year. It’s not that I don’t support the businesses or the entities that apply for the licenses. I just have a personal philosophy that we shouldn’t be selling alcohol in our facilities and that’s just for clarification for the record. B. Adopt resolution titled Oneida Bingo & Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer Motion by David Jordan to adopt resolution # 08-10-16-A Oneida Airport Hotel Corp. dba Radisson InnGreen Bay Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-B Oneida Bingo & Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-C Oneida Golf Enterprise for Thornberry Creek at Oneida Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-D Oneida One Stop – Larsen Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-E Oneida One Stop – Packerland Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-F Oneida One Stop – E & EE Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-G Oneida One Stop – Westwind Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-H Oneida Casino Travel Center Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-I Three Clans Airport Wingate by Wyndham Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-J West Mason Street Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law, seconded by Fawn Billie. Motion carried with one opposed and one abstention: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens Opposed: Lisa Summers Abstained: Tehassi Hill Not Present: Melinda J. Danforth, Jennifer Webster For the record: Secretary Lisa Summers stated I just want to note that I oppose these every year. It’s not that I don’t support the businesses or the entities that apply for the licenses. I just have a personal philosophy that we shouldn’t be selling alcohol in our facilities and that’s just for clarification for the record. C. Adopt resolution titled Oneida Golf Enterprise for Thornberry Creek at Oneida Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 3 of 17 Page 18 of 461 DRAFT Motion by David Jordan to adopt resolution # 08-10-16-A Oneida Airport Hotel Corp. dba Radisson InnGreen Bay Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-B Oneida Bingo & Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-C Oneida Golf Enterprise for Thornberry Creek at Oneida Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-D Oneida One Stop – Larsen Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-E Oneida One Stop – Packerland Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-F Oneida One Stop – E & EE Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-G Oneida One Stop – Westwind Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-H Oneida Casino Travel Center Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-I Three Clans Airport Wingate by Wyndham Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-J West Mason Street Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law, seconded by Fawn Billie. Motion carried with one opposed and one abstention: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens Opposed: Lisa Summers Abstained: Tehassi Hill Not Present: Melinda J. Danforth, Jennifer Webster For the record: Secretary Lisa Summers stated I just want to note that I oppose these every year. It’s not that I don’t support the businesses or the entities that apply for the licenses. I just have a personal philosophy that we shouldn’t be selling alcohol in our facilities and that’s just for clarification for the record. D. Adopt resolution titled Oneida One Stop – Larsen Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer Motion by David Jordan to adopt resolution # 08-10-16-A Oneida Airport Hotel Corp. dba Radisson InnGreen Bay Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-B Oneida Bingo & Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-C Oneida Golf Enterprise for Thornberry Creek at Oneida Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-D Oneida One Stop – Larsen Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-E Oneida One Stop – Packerland Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-F Oneida One Stop – E & EE Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-G Oneida One Stop – Westwind Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-H Oneida Casino Travel Center Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-I Three Clans Airport Wingate by Wyndham Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-J West Mason Street Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law, seconded by Fawn Billie. Motion carried with one opposed and one abstention: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens Opposed: Lisa Summers Abstained: Tehassi Hill Not Present: Melinda J. Danforth, Jennifer Webster For the record: Secretary Lisa Summers stated I just want to note that I oppose these every year. It’s not that I don’t support the businesses or the entities that apply for the licenses. I just have a personal philosophy that we shouldn’t Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 4 of 17 Page 19 of 461 DRAFT be selling alcohol in our facilities and that’s just for clarification for the record. E. Adopt resolution titled Oneida One Stop – Packerland Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer Motion by David Jordan to adopt resolution # 08-10-16-A Oneida Airport Hotel Corp. dba Radisson InnGreen Bay Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-B Oneida Bingo & Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-C Oneida Golf Enterprise for Thornberry Creek at Oneida Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-D Oneida One Stop – Larsen Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-E Oneida One Stop – Packerland Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-F Oneida One Stop – E & EE Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-G Oneida One Stop – Westwind Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-H Oneida Casino Travel Center Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-I Three Clans Airport Wingate by Wyndham Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-J West Mason Street Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law, seconded by Fawn Billie. Motion carried with one opposed and one abstention: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens Opposed: Lisa Summers Abstained: Tehassi Hill Not Present: Melinda J. Danforth, Jennifer Webster For the record: Secretary Lisa Summers stated I just want to note that I oppose these every year. It’s not that I don’t support the businesses or the entities that apply for the licenses. I just have a personal philosophy that we shouldn’t be selling alcohol in our facilities and that’s just for clarification for the record. F. Adopt resolution titled Oneida One Stop – E & EE Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer Motion by David Jordan to adopt resolution # 08-10-16-A Oneida Airport Hotel Corp. dba Radisson InnGreen Bay Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-B Oneida Bingo & Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-C Oneida Golf Enterprise for Thornberry Creek at Oneida Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-D Oneida One Stop – Larsen Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-E Oneida One Stop – Packerland Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-F Oneida One Stop – E & EE Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-G Oneida One Stop – Westwind Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-H Oneida Casino Travel Center Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-I Three Clans Airport Wingate by Wyndham Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-J West Mason Street Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law, seconded by Fawn Billie. Motion carried with one opposed and one abstention: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 5 of 17 Page 20 of 461 DRAFT Opposed: Abstained: Not Present: For the record: Lisa Summers Tehassi Hill Melinda J. Danforth, Jennifer Webster Secretary Lisa Summers stated I just want to note that I oppose these every year. It’s not that I don’t support the businesses or the entities that apply for the licenses. I just have a personal philosophy that we shouldn’t be selling alcohol in our facilities and that’s just for clarification for the record. G. Adopt resolution titled Oneida One Stop – Westwind Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer Motion by David Jordan to adopt resolution # 08-10-16-A Oneida Airport Hotel Corp. dba Radisson InnGreen Bay Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-B Oneida Bingo & Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-C Oneida Golf Enterprise for Thornberry Creek at Oneida Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-D Oneida One Stop – Larsen Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-E Oneida One Stop – Packerland Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-F Oneida One Stop – E & EE Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-G Oneida One Stop – Westwind Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-H Oneida Casino Travel Center Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-I Three Clans Airport Wingate by Wyndham Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-J West Mason Street Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law, seconded by Fawn Billie. Motion carried with one opposed and one abstention: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens Opposed: Lisa Summers Abstained: Tehassi Hill Not Present: Melinda J. Danforth, Jennifer Webster For the record: Secretary Lisa Summers stated I just want to note that I oppose these every year. It’s not that I don’t support the businesses or the entities that apply for the licenses. I just have a personal philosophy that we shouldn’t be selling alcohol in our facilities and that’s just for clarification for the record. H. Adopt resolution titled Oneida Casino Travel Center Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer Motion by David Jordan to adopt resolution # 08-10-16-A Oneida Airport Hotel Corp. dba Radisson InnGreen Bay Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-B Oneida Bingo & Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-C Oneida Golf Enterprise for Thornberry Creek at Oneida Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-D Oneida One Stop – Larsen Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-E Oneida One Stop – Packerland Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-F Oneida One Stop – E & EE Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-G Oneida One Stop – Westwind Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-H Oneida Casino Travel Center Selling Alcohol Beverages Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 6 of 17 Page 21 of 461 DRAFT in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-I Three Clans Airport Wingate by Wyndham Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-J West Mason Street Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law, seconded by Fawn Billie. Motion carried with one opposed and one abstention: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens Opposed: Lisa Summers Abstained: Tehassi Hill Not Present: Melinda J. Danforth, Jennifer Webster For the record: Secretary Lisa Summers stated I just want to note that I oppose these every year. It’s not that I don’t support the businesses or the entities that apply for the licenses. I just have a personal philosophy that we shouldn’t be selling alcohol in our facilities and that’s just for clarification for the record. I. Adopt resolution titled Three Clans Airport Wingate by Wyndham Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer Motion by David Jordan to adopt resolution # 08-10-16-A Oneida Airport Hotel Corp. dba Radisson InnGreen Bay Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-B Oneida Bingo & Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-C Oneida Golf Enterprise for Thornberry Creek at Oneida Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-D Oneida One Stop – Larsen Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-E Oneida One Stop – Packerland Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-F Oneida One Stop – E & EE Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-G Oneida One Stop – Westwind Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-H Oneida Casino Travel Center Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-I Three Clans Airport Wingate by Wyndham Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-J West Mason Street Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law, seconded by Fawn Billie. Motion carried with one opposed and one abstention: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens Opposed: Lisa Summers Abstained: Tehassi Hill Not Present: Melinda J. Danforth, Jennifer Webster For the record: Secretary Lisa Summers stated I just want to note that I oppose these every year. It’s not that I don’t support the businesses or the entities that apply for the licenses. I just have a personal philosophy that we shouldn’t be selling alcohol in our facilities and that’s just for clarification for the record. J. Adopt resolution titled West Mason Street Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer Motion by David Jordan to adopt resolution # 08-10-16-A Oneida Airport Hotel Corp. dba Radisson InnGreen Bay Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-B Oneida Bingo & Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-C Oneida Golf Enterprise for Thornberry Creek at Oneida Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-D Oneida One Stop – Larsen Selling Alcohol Beverages in Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 7 of 17 Page 22 of 461 DRAFT Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-E Oneida One Stop – Packerland Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-F Oneida One Stop – E & EE Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-G Oneida One Stop – Westwind Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-H Oneida Casino Travel Center Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-I Three Clans Airport Wingate by Wyndham Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law; to adopt resolution # 08-10-16-J West Mason Street Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law, seconded by Fawn Billie. Motion carried with one opposed and one abstention: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens Opposed: Lisa Summers Abstained: Tehassi Hill Not Present: Melinda J. Danforth, Jennifer Webster For the record: Secretary Lisa Summers stated I just want to note that I oppose these every year. It’s not that I don’t support the businesses or the entities that apply for the licenses. I just have a personal philosophy that we shouldn’t be selling alcohol in our facilities and that’s just for clarification for the record. Councilwoman Fawn Billie departs at 9:37 a.m. K. Adopt resolution titled Mortgage & Foreclosure (Law) Sponsor: Brandon Stevens, Councilman Motion by Lisa Summers to adopt resolution # 08-10-16-K Mortgage & Foreclosure (Law), seconded by Tehassi Hill. Motion carried unanimously: Ayes: Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, Fawn Billie, Jennifer Webster Councilwoman Fawn Billie returns at 9:39 a.m. L. Adopt resolution titled Defining Comprehensive Housing Division in the Mortgage and Foreclosure Law Sponsor: Brandon Stevens, Councilman Motion by Lisa Summers to adopt resolution # 08-10-16-L Defining Comprehensive Housing Division in the Mortgage and Foreclosure Law, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, Jennifer Webster M. Adopt resolution titled Conflict of Interest Policy Emergency Amendments Sponsor: Brandon Stevens, Councilman Motion by Lisa Summers to adopt resolution # 08-10-16-M Conflict of Interest Policy Emergency Amendments, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, Jennifer Webster VII. APPOINTMENTS (No Requested Action) Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 8 of 17 Page 23 of 461 DRAFT VIII. STANDING COMMITTEES (00:44:08) A. Legislative Operating Committee Sponsor: Councilman Brandon Stevens, Chair Councilman Tehassi Hill departs at 10:07 a.m. Councilman Tehassi Hill returns 10:13 a.m. 1. Accept July 6, 2016, Legislative Operating Committee meeting minutes Motion by Brandon Stevens to accept the July 6, 2016, Legislative Operating Committee meeting minutes, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, Jennifer Webster 2. Accept July 20, 2016, Legislative Operating Committee meeting minutes Motion by Brandon Stevens to accept the July 20, 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 Not Present: Melinda J. Danforth, Jennifer Webster Treasurer Trish King departs at 10:31 a.m. 3. Review memo regarding Employment Law and determine next steps on how to proceed with presenting Employment Law and handbook to General Tribal Council Motion by Lisa Summers to accept the updated written report; to direct this item be placed on the 2017 Annual General Tribal Council meeting agenda; and included in that item will be a request for General Tribal Council to schedule a special General Tribal Council meeting to specifically address this item, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, Trish King, Jennifer Webster Motion by Lisa Summers to request the team working on this item include in the communication plan that Employment Law and handbook be provided and distributed 30 (thirty) days prior to the 2017 Annual General Tribal Council meeting, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, Trish King, Jennifer Webster Treasurer Trish King returns at 10:35 a.m. 4. Review certified Marriage Fee Schedule Rule and Marriage Fine Schedule Rule Motion by Lisa Summers to approve the Marriage Fee Schedule Rule and to change the cost back from $100 to $50. Motion withdrawn. For the record: Secretary Lisa Summers stated I am not going to support a motion to accept this at this point. I think the fee needs to be changed. It wasn’t specifically brought to our attention that they were going to deviate from what the fee schedule was that we previously set. I understand that there may have been a hearing on this at some point and I think that the Business Committee’s previous position on this should have been taken Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 9 of 17 Page 24 of 461 DRAFT into consideration by the agency when it was making its determination about the schedule itself. Motion by Brandon Stevens to accept the rule regarding Marriage Fee Schedule and rule regarding Marriage Fine Schedule as presented, to go into effect August 18, 2016, seconded by David Jordan. Motion carried with one opposed: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens Opposed: Lisa Summers Not Present: Melinda J. Danforth, Jennifer Webster Secretary Lisa Summers departs at 11:00 a.m. Secretary Lisa Summers returns at 11:11 a.m. 5. Accept memo regarding update on Active Files List as information Motion by Lisa Summers to accept memo regarding update on Active Files List as information, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, Jennifer Webster B. Finance Committee Sponsor: Tribal Treasurer Trish King, Chair 1. Approve August 1, 2016, Finance Committee meeting minutes Motion by Trish King to approve the August 1, 2016, Finance Committee meeting minutes, seconded by David Jordan. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens Abstained: Lisa Summers Not Present: Melinda J. Danforth, Jennifer Webster IX. GENERAL TRIBAL COUNCIL (2:40:18) A. Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution $3,000/$5,000 Sponsor: Lisa Summers, Tribal Secretary Councilman David Jordan departs at 11:44 a.m. Councilman David Jordan returns at 11:51 a.m. 1. Accept legislative analysis Motion by Lisa Summers to accept the legislative analysis regarding Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution $3,000/$5,000, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, Jennifer Webster Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 10 of 17 Page 25 of 461 DRAFT 2. Accept legal analysis Motion by Lisa Summers to accept the legal analysis regarding Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution $3,000/$5,000, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, Jennifer Webster EXCERPT FROM JULY 27, 2016; (1) Motion by Tehassi Hill to defer the legislative analysis regarding Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution $3,000/$5,000, back to the Legislative Reference Office for specifics on laws and policies affected, seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Jennifer Webster to defer the legal analysis regarding Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution $3,000/$5,000, to the August 10, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to accept the legislative progress report, seconded by David Jordan. Motion carried unanimously. (2) Motion by Lisa Summers to accept the legal progress report, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM MAY 25, 2016: Motion by Lisa Summers to accept the financial analysis, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM MAY 12, 2016: Motion by David Jordan to accept the verified petition from Michael Debraska regarding Per Capita Distribution; 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; to direct the Law, Finance, and Legislative Reference Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to submit the appropriate administrative analyses to the Tribal Secretary’s Office within thirty (30) day, seconded by Lisa Summers. Motion carried unanimously. Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting with the exception of item 09.B. Approve Special General Tribal Council FY2017 Budget meeting materials and item 13.B. Approve 2016 Special Election Final Report and declare official results which are to be moved to special Business Committee meeting to be coordinated and scheduled by the Tribal Secretary for next week, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, David Jordan, Jennifer Webster B. Approve Special General Tribal Council FY2017 Budget meeting materials Sponsors: Lisa Summers, Tribal Secretary; Trish King, Tribal Treasurer Item deferred to a special Business Committee meeting to be scheduled during the upcoming week. X. STANDING ITEMS A. Accept update from Constitutional Amendments Implementation Team Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman EXCERPT FROM JULY 27, 2016: Motion by Tehassi Hill to defer the update from the Constitutional Amendments Implementation Team to the August 10, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. Item deleted at the adoption of the agenda. Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 11 of 17 Page 26 of 461 DRAFT XI. UNFINISHED BUSINESS A. Approve request to delete from agenda the approval of concept paper for Capital Improvement Project # 13-011 – Oneida Nation High School Sponsor: Troy Parr, Assistant Division Director/Development EXCERPT FROM JULY 27, 2016: Motion by Melinda J. Danforth to defer this item to the August 10, 2016, regular Business Committee meeting; and to request the Tribal Secretary’s Office to schedule a time for the Oneida School Board, School Administrator and Principal, and Planning & Development Department to be in attendance to discuss this issue further, seconded by Fawn Billie. Motion carried unanimously. Item deleted at the adoption of the agenda. XII. TABLED BUSINESS A. Adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal Council on June 13, 2016 Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal Council on June 13, 2016, seconded by Brandon Stevens. Motion ruled out of order by Chairwoman Tina Danforth. (2) Motion by Lisa Summers to table this item to the July 27, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. Item deferred to the August 24, 2016, regular Business Committee meeting. XIII. NEW BUSINESS A. Approve updated Oneida Head Start/Early Head Start Selection Criteria Sponsor: Don White, Division Director/Governmental Services Item deferred to the August 24, 2016, regular Business Committee meeting. B. Accept 2016 Special Election Final Report and declare official results Chair: Liaison: Vicki Cornelius, Oneida Election Board Melinda J. Danforth, Tribal Vice-Chairwoman Item deferred to a special Business Committee meeting to be scheduled during the upcoming week. C. Approve request from Tribal Member to direct Division Director of Environmental Health & Safety to provide timelines, clarifications, and accountability regarding Environmental Health & Safety FY ’16 3rd quarter report Sponsor: Tina Danforth, Tribal Chairwoman Item deferred to the August 24, 2016, regular Business Committee meeting. Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 12 of 17 Page 27 of 461 DRAFT XIV. TRAVEL A. TRAVEL REPORTS 1. Accept travel report – Chairwoman Tina Danforth – American Indian Sovereignty in Action – Havana, Cuba – July 18-22, 2016 Item deferred to the August 24, 2016, regular Business Committee meeting. B. TRAVEL REQUESTS 1. Approve Oneida Arts Board travel request in accordance with the Travel & Expense Policy – Three (3) Music from Our Culture (MOC) teachers and six (6) Kids Learning their Culture/Ways (KLU) students – National Indian Tourism Conference – Seattle, WA – September 13-15, 2016 Chair-Elect: Dawn Walschinski, Oneida Arts Board Liaison: Jennifer Webster, Councilwoman Item deferred to the August 24, 2016, regular Business Committee meeting. Motion by Brandon Stevens to recess at 12:04 p.m. and to reconvene at 1:30 p.m., seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, Jennifer Webster Meeting called to order by Chairwoman Tina Danforth at 1:35 p.m. Vice-Chairwoman Melinda J. Danforth, Councilman David Jordan, and Councilwoman Jennifer Webster not present. XV. REPORTS (3:03:25) (This section of the agenda is scheduled to begin at 1:30 p.m.) A. OPERATIONAL REPORTS 1. Accept Human Resources Department FY ’16 3rd quarter report (1:30 p.m.-1:50 p.m.) Sponsor: Geraldine Danforth, Area Manager/Human Resources Department Motion by Lisa Summers to accept the Human Resources Department FY ’16 3rd quarter report, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, David Jordan, Jennifer Webster Secretary Lisa Summers departs at 2:21 p.m. Secretary Lisa Summers returns at 2:30 p.m. Treasurer Trish King departs at 2:32 p.m. Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 13 of 17 Page 28 of 461 DRAFT 2. Accept Governmental Services Division FY ’16 3rd quarter report (1:50 p.m.-2:10 p.m.) Sponsor: Don White, Division Director/Governmental Services Motion by Fawn Billie to accept the Governmental Services Division FY ’16 3rd quarter report, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, David Jordan, Trish King, Jennifer Webster Treasurer Trish King returns at 2:37 p.m. Councilman Tehassi Hill departs at 2:37 p.m. Councilman Tehassi Hill returns at 2:40 p.m. 3. Accept Ombudsman FY ’16 3rd quarter report (2:10 p.m.-2:30 p.m.) Sponsor: Dianne McLester-Heim, Tribal Ombudsperson Motion by Trish King to accept the Ombudsman FY ’16 3rd quarter report, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, David Jordan, Jennifer Webster 4. Defer Internal Services Division FY ’16 3rd quarter report to the August 24, 2016, regular Business Committee meeting Sponsor: Joanie Buckley, Division Director/Internal Services Motion by Lisa Summers to defer the Internal Services Division FY ’16 3rd quarter report to the August 24, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, David Jordan, Jennifer Webster B. CORPORATE REPORTS (No Requested Action) C. BOARDS, COMMITTEES, AND COMMISSIONS 1. Accept Oneida Commission on Aging FY ’16 3rd quarter report (2:30 p.m.-2:45 p.m.) Chair: Liaison: Wes Martin Jr. Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Trish King to accept the Oneida Commission on Aging FY ’16 3rd quarter report, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, David Jordan, Jennifer Webster 2. Accept Oneida Election Board FY ’16 3rd quarter report (2:45 p.m.-3:00p.m.) Chair: Liaison: Vicki Cornelius Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Tehassi Hill to accept the Oneida Election Board FY ’16 3rd quarter report, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, David Jordan, Jennifer Webster Councilman Tehassi Hill departs at 3:41 p.m. Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 14 of 17 Page 29 of 461 DRAFT 3. Accept Oneida Gaming Commission FY ’16 3rd quarter report (3:00 p.m.-3:15 p.m.) Chair: Liaison: Mark A. Powless Sr. Brandon Stevens, Councilman Motion by Brandon Stevens to accept the Oneida Gaming Commission FY ’16 3rd quarter report, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, Tehassi Hill, David Jordan, Jennifer Webster Councilman Tehassi Hill returns at 3:50 p.m. XVI. EXECUTIVE SESSION A. REPORTS 1. Accept Chief Counsel report – Jo Anne House, Chief Counsel Item deferred to the August 24, 2016, regular Business Committee meeting. B. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) C. UNFINISHED BUSINESS 1. Accept verbal update regarding complaint # 2016-DR06-01 and defer item to August 24, 2016, regular Business Committee for final recommendation Sponsors: Tehassi Hill, Councilman; Brandon Stevens, Councilman; Jennifer Webster, Councilwoman EXCERPT FROM JUNE 22, 2016: Motion by Jennifer Webster to defer the update regarding complaint # 2016-DR06-01 to the August 10, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM MAY 25, 2016: Motion by Lisa Summers to accept the update regarding complaint # 2016-DR06-01; and to defer item to the June 22, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM MARCH 30, 2016: Motion by Tehassi Hill to accept Complaint # 2016DR06-01, to acknowledge merit, and to assign Councilman Brandon Stevens, Councilman Tehassi Hill, and Councilwoman Jennifer Webster, seconded by Fawn Billie. Motion carried with one abstention. Item deferred to the August 24, 2016, regular Business Committee meeting. 2. Approve investigation results and close-out concern # 2016-CC-09 Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman; Fawn Billie, Councilwoman EXCERPT FROM JUNE 22, 2016: Motion by Jennifer Webster to defer concern # 2016-CC09 to Vice-Chairwoman Melinda J. Danforth and Councilwoman Fawn Billie, seconded by Fawn Billie. Motion carried unanimously. Item deferred to the August 24, 2016, regular Business Committee meeting. Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 15 of 17 Page 30 of 461 DRAFT 3. Approve two (2) requests regarding complaint # 2016-DR07-01 Sponsors: Lisa Summers, Tribal Secretary; David Jordan, Councilman; Brandon Stevens, Councilman EXCERPT FROM JULY 27, 2016: Motion by Melinda J. Danforth to assign Secretary Lisa Summers, Councilman David Jordan, and Councilman Brandon Stevens to form a subcommittee to investigate the complaint, seconded by Fawn Billie. Motion carried unanimously. Item deferred to the August 24, 2016, regular Business Committee meeting. 4. Approve four (4) requests regarding Family Court Judge job description and position (This item is scheduled at 1:30 p.m.) Sponsors: Melinda J. Danforth, Tribal Vice-Chairwoman; Fawn Billie, Councilwoman; Tehassi Hill, Councilman; Jennifer Webster, Councilwoman EXCERPT FROM JULY 27, 2016: (1) Motion by Melinda J. Danforth to accept the resignation letter in accordance with section 7.2 of employment contract # 2013-0856, seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Melinda J. Danforth to assign ViceChairwoman Melinda J. Danforth, Councilwoman Fawn Billie, Councilman Tehassi Hill, and Councilwoman Jennifer Webster to a subcommittee to work on the Family Court Judge job description; to invite the Chief Judges of the Judiciary and Family Court Clerk to participate in the development of the job description; and to bring back a final job description to the August 10, 2016, regular Business Committee meeting for approval, seconded by Fawn Billie. Motion carried unanimously. Item deferred to the August 24, 2016, regular Business Committee meeting. D. TABLED BUSINESS (No Requested Action) E. NEW BUSINESS 1. Approve limited waiver of sovereign immunity – First Data Merchant Services – contract # 2016-0564 (9:00 a.m.-9:30 a.m.) Sponsor: Louise Cornelius, Gaming General Manager Item deferred to the August 24, 2016, regular Business Committee meeting. 2. Approve request to support procedural exception to reallocate funds from CapEX to Technology Set Aside regarding Surveillance System Replacement project for FY ’16 and FY ’17 (9:30 a.m.-10:00 a.m.) Chair: Mark A. Powless Sr., Gaming Commission Liaison: Brandon Stevens, Councilman Item deferred to the August 24, 2016, regular Business Committee meeting. 3. Approve request from Tribal Member for accountability to be provided regarding violation of Code of Ethics by Oneida Business Committee member at the July 27, 2016, regular Business Committee meeting (This item is scheduled at 10:00 a.m.) Sponsor: Tina Danforth, Tribal Chairwoman Item deferred to the August 24, 2016, regular Business Committee meeting. Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 16 of 17 Page 31 of 461 DRAFT 4. Review request from Tribal Member regarding depletion of Bureau of Indian Affairs – General Assistance Grant funds and determine appropriate next steps (This item is scheduled at 11:00 a.m.) Sponsor: Tina Danforth, Tribal Chairwoman Item deferred to the August 24, 2016, regular Business Committee meeting. 5. Accept update regarding Chief Financial Officer employment contract as information Sponsor: Trish King, Tribal Treasurer Item deferred to the August 24, 2016, regular Business Committee meeting. XVII. ADJOURN Motion by Lisa Summers to adjourn at 3:58 p.m., seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers Not Present: Melinda J. Danforth, David Jordan, Jennifer Webster Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented/corrected on ___________. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes – DRAFT of August 10, 2016 Page 17 of 17 Page 32 of 461 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 08 / 24 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Resolutions Accept as Information only Action - please describe: Adopt the Resolution titled Adoption of the Oneida Youth Leadership Institute's Charter and approve the corresponding by-laws. 3. Supporting Materials Report Resolution Contract Other: 1. Resolution and Statement of Effect 3. OYLI By-laws 2. OYLI Charter 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Joanie Buckley, Division Director/Internal Services Primary Requestor: Submitted by: Krystal John, Attorney/Law Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Page 33 of 461 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 BC Resolution # __-__-__-_ Adoption of the Oneida Youth Leadership Institute’s Charter WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Business Committee recognizes the value of the youth leadership programs in the Oneida community; and WHEREAS, funding youth leadership programs in the Oneida community is a large cost to the Oneida Nation; and WHEREAS, the Oneida Business Committee wishes to create the Oneida Youth Leadership Institute (OYLI) pursuant to section 7871(a) of the Internal Revenue Code an agency of the Nation created to operate and support programs and activities which promote leadership qualities in Oneida youth, and to solicit charitable tax deductible donations to fund such programs and activities; and WHEREAS, OYLI qualifies for treatment under section 7871(a) of the Internal Revenue Code as an integral part of Nation’s government based on the following relevant factors: a) The OYLI is not separately incorporated under state law; b) The Nation exerts a substantial degree of control over the OYLI, including appointment of its Board members and approval of its by-laws; c) The Nation is liable for the OYLI’s actions; d) The OYLI is an agency of the Nation; and e) The Nation has made a substantial financial commitment to the OYLI, including making employees of the Nation available for the OYLI’s use as needed; and WHEREAS, a separate account from the Nation’s general fund has been created in the name of the OYLI for receiving tax deductible contributions from donors under Internal Revenue Code Section 170 and 7871(a); and WHEREAS, the OYLI is designed to operate as a perpetual fund in which contributions are dedicated exclusively to the generation and accumulation of income over a specified period of time, after which the earnings from the accumulated fund are used to fund delivery of youth leadership services to the Oneida community; and WHERAS, the OYLI’s board of directors is not a board, committee or commission for purposes of the Comprehensive Policy Governing Boards, Committees and Commissions; and Page 34 of 461 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee hereby adopts the OYLI’s charter; and BE IT FURTHER RESOLVED, that the Oneida Business Committee hereby repeals BC Resolution 05-1514-G because the “Youth Leadership Fund” has been renamed; and BE IT FURTHER RESOLVED, that the OLYI’s work team shall provide candidates for appointment, pursuant to the terms of the Charter, within sixty (60) calendar days from the date the Charter is adopted and the Oneida Business Committee shall appoint the OYLI Board directors in a timely fashion; and BE IT FURTHER RESOLVED, that the OYLI work team, consisting of Susan White, Joanie Buckley, Susan House, JoAnn Ninham, and Paula Rippl shall serve as the OYLI’s interim board until a board of directors is appointed by the Oneida Business Committee; and BE IT FURTHER RESOLVED, that the OYLI’s interim board shall operate under the by-laws approved by the interim board on July 26, 2016 and by the Oneida Business Committee on _________________; and BE IT FURTHER RESOLVED, no funds may be distributed from the OYLI’s account until the Oneida Business Committee appoints a board of directors and the board adopts disbursement policies; and BE IT FINALLY RESOLVED, that the OYLI’s governing documents shall be reviewed by the board of directors with a report to the Oneida Business Committee including any recommendations within twelve (12) months of the date the board is appointed by the Oneida Business Committee. Page 35 of 461 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54115-0365 Oneida‐nsn.gov Statement of Effect Adoption of the Oneida Youth Leadership Institute’s Charter Summary This resolution adopts a charter for the Oneida Youth Leadership Institute. Submitted by Douglass A. McIntyre, Staff Attorney, Legislative Reference Office Analysis by the Legislative Reference Office The Oneida Business Committee, by adopting this resolution will adopt a charter for the Oneida Youth Leadership Institute (OYLI). The charter and by-laws has been drafted and reviewed by the Oneida Law Office, and this statement of effect does not review that document. This resolution adopts a charter for the OYLI. The Nation has a long history of funding youth leadership programs in the Oneida community and has provided other substantial financial commitment to these programs. The OYLI was created for the purpose of: 1. Supporting these programs and activities; and 2. Soliciting charitable tax deductible donations to fund such programs and activities. The OYLI was created pursuant to section 7871(a) of the Internal Revenue Code as an agency of the Nation. OYLI is eligible for section 7871(a) based on the following factors: 1. The OYLI is not separately incorporated under state law; 2. The Nation exerts a substantial degree of control over the OYLI, including appointment of its Board members and approval of its by-laws; 3. The Nation is liable for the OYLI’s actions; and 4. The OYLI is an agency of the Nation. Funding a separate account from the Nation’s general fund has been created in the name of the OYLI for receiving tax deductible contributions from donors under Internal Revenue Code Section 170 and 7871(a); and the OYLI is designed to operate as a perpetual fund in which contributions are dedicated exclusively to the generation and accumulation of income over a specified period of time, after which the earnings from the accumulated fund are used to fund delivery of youth leadership services to the Oneida community; and Board of Directors The OYLI is headed by a board of directors. This resolution indicates that this board is not a board, committee or commission for purposes of the Comprehensive Policy Governing Boards, Page 36 of 461 Committees and Commissions. An interim board, comprised of the work team members Susan White, Joanie Buckley, Susan House, Joann Ninham, and Scott Elm, will serve until a board of directors is appointed by the Oneida Business Committee. These appointments will be selected from the candidates for appointment, pursuant to the terms of the Charter, within sixty (60) calendar days from the date the charter is adopted. Additionally, the resolution repeals resolution BC-05-15-14-G (Youth Leadership Fund). No funds may be distributed from the OYLI’s account until the board members are appointed and the board adopts disbursement policies. Conclusion There are no legal bars to adopting the resolution. Page 2 of 2 Page 37 of 461 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ONEIDA YOUTH LEADERSHIP INSTITUTE CHARTER Section I. Establishment of the Oneida Youth Leadership Institute. A. Creation. The Oneida Youth Leadership Institute (“OYLI”) is hereby established as a wholly owned unincorporated agency of the Oneida Nation (the “Nation”), and shall be governed and managed by a Board of Directors, subject to the provisions of this Charter; the Board of Directors is not a board, committee or commission for purposes of the Comprehensive Policy Governing Boards, Committees and Commissions. B. Purpose. The purpose of OYLI is to operate and support programs and activities which promote leadership qualities in Oneida youth, and to solicit charitable donations to fund such programs and activities. C. Location. OYLI shall maintain its offices on the Oneida Reservation, but may conduct its activities both on and off the Reservation. D. Instrumentality of the Nation. As a wholly owned instrumentality of the Nation, OLYF and its assets and activities shall have all the privileges and immunities of the Nation, including immunity from taxation, regulation and unconsented suit, subject to the limitations in this Charter and applicable law. The Nation shall at all times retain the sole proprietary interest in OYLI. E. Exercise of Authority. Any exercise by OYLI of any powers or authorities in accordance with this Charter shall constitute the exercise of a governmental function of the Nation. F. Allocation of Authority. All rights, powers or privileges not expressly delegated herein to OYLI shall be reserved to and held by the Oneida Business Committee and the Oneida General Tribal Council. Section II. Authority. The Oneida Business Committee grants this Charter based upon the authority vested in it by the Oneida General Tribal Council and Art. IV, §§ 1(g) and (h) of the Oneida Nation Constitution and By-Laws, and pursuant to the inherent sovereign rights of the Nation. Section III. Term of Existence. OYLI shall be formed as of the time of the granting of this Charter and its term of existence shall be perpetual, unless it is earlier dissolved pursuant to section XII of this Charter. Section IV. Jurisdiction. OYLI is created under and is subject to the jurisdiction, laws, and ordinances of the Nation. 1 Page 38 of 461 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Section V. Privileges and Immunities. A. Privileges and Immunities. OYLI shall be entitled to all of the privileges and immunities of the Nation, including sovereign immunity, to the same extent as the Nation itself, together with all rights and privileges arising from tribal sovereignty. B. Waiver of Sovereign Immunity. The Nation or OYLI may waive OYLI’s sovereign immunity, provided that any such waiver is made in conformity with the Nation’s Sovereign Immunity Ordinance, Chp. 14, Oneida Nation Code of Laws. C. The liabilities and obligations of OYLI shall only be enforceable against OYLI, to the extent permitted by and consistent with any valid waiver of OYLI’s sovereign immunity, and shall not be enforceable against the Nation or any assets and revenues of the Nation, except as specifically authorized by the Nation in conformity with the Nation’s laws. D. The liabilities and obligations of the Nation shall not be enforceable against OYLI or its assets, revenues or activities. E. The assets, liabilities, rights and obligations of OYLI shall be separate and distinct from the assets, liabilities, rights and obligations of the Nation. Section VI. Rights, Powers and Authorities A. It is the intent of this Charter to authorize OYLI to do all things necessary and desirable in connection with the fulfillment of its purpose. B. OYLI shall have the power in its own name to: 1. solicit and receive charitable contributions; 2. receive, collect and own all revenues and pay all expenses arising from or related to its activities: 3. purchase, take, receive, lease, obtain by gift of bequest, or otherwise acquire, own, hold, improve, or use real or personal property, or any interest therein, wherever situated; 4. sell, convey, mortgage, pledge, lease, exchange, transfer or otherwise dispose of or encumber all or any part of its property and assets; 5. purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, loan, pledge, or otherwise dispose of, and otherwise use and deal with, shares or other interests in, or obligations of, corporations, associations, partnerships of other entities, or individuals, or direct or indirect 2 Page 39 of 461 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 obligations of the United States or of any other government, tribe, state, territory, governmental district or municipality, or any instrumentality thereof; 6. make and enter into contracts and incur liabilities, indebtedness and other obligations, including the issuance of guarantees, and the borrowing of money at such rates of interest as it may determine, and to issue its notes, bonds, debt securities and other obligations, and secure any of such obligations by mortgage or pledge of any or all of its property, revenues and income; 7. employ contractors, consultants, agents, managers, advisers and accountants; 8. loan money, invest and reinvest its funds, and take and hold real and personal property as security for the payment of funds so loaned or invested; 9. hire, supervise and terminate employees, consultants and agents, and define their duties and fix their compensation, provided that all employees shall be employees of the Nation and governed by the Nation’s personnel policies; 10. establish and maintain procedures for its day-to-day operations; 11. make and amend By-laws, consistent with this Charter and the laws of the Nation and the United States, for the administration and regulation of its affairs; 12. open and maintain such deposit and securities accounts with banks, securities intermediaries and other financial institutions, and to deposit therein any or all revenues, provided that its accounts shall be separate from the accounts of the Nation and its assets shall not be commingled with other assets of the Nation; 13. sue and be sued in its own name, including submitting any matter to arbitration or alternative dispute resolution, provided that the grant of power herein to sue and be sued does not in and of itself constitute a waiver of OYLI’s sovereign immunity; 14. consent to the jurisdiction of any federal, state or tribal court, and waive the requirement of the exhaustion of tribal remedies; and 15. exercise all powers necessary to further its purpose, to the extent not inconsistent with anything herein. Section VII. Limitations on Powers and Authorities. OYLI shall not have authority to exercise any regulatory, legislative or judicial power, and shall not exercise any power or authority reserved to the Oneida Business Committee or General Tribal Council. Section VIII. Assets. OYLI’s assets shall consist of all of its revenues, proceeds and earnings and whatever other assets it develops, generates or acquires as provided in this Charter, and shall 3 Page 40 of 461 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 include: all real and personal property transferred to OYLI by the Nation; all funds which OYLI may acquire by grant, loan, gift or other means; all real and personal property which OYLI may a acquire by grant, loan, gift or other means; and all earnings, interest, dividends, accumulations, contract rights, claims and other proceeds arising from any listed assets. Section IX. Board of Directors. A. Establishment. There is hereby established a Board of Directors (the “Board”) which shall manage the activities, affairs, and property of OYLI, and is hereby vested with all powers necessary to carry out OYLI’s purpose. The Board shall be responsible for the development, custody, management and operation of OYLI, for the establishment and maintenance of effective operating policies, and for the usual and ordinary duties of oversight and direction. The Board shall develop By-Laws governing its activities, which shall be consistent with this Charter and Oneida law. B. Number and Appointment. The Board shall consist of a minimum of five (5) and a maximum of seven (7) members (each, a “Director”) selected and appointed by the Oneida Business Committee. In selecting and appointing Directors, the Oneida Business Committee shall give due consideration to qualities of industry, responsibility, integrity, and judgment, and shall have due regard for the need for diversity of experience on the Board, the need for adequate representation of the areas of expertise required by OYLI, and the guidelines of organizations which may provide financial assistance to OYLI. 161 162 1. A minimum of four (4) Directors shall be local to the area, residing within Brown or Outagamie counties. 163 164 2. A minimum of two (2) Directors shall be enrolled Tribal members of the Oneida Nation. 165 166 167 168 3. To the extent possible, in order to create a well-balanced Board, when appointing Directors, the Oneida Business Committee shall ensure that the Board contains a minimum of one (1) Director with each of the specialties: management, business administration, youth services and law. 169 170 171 4. In appointing the first Board, the OYLI work group shall prepare a pool of candidates for the Oneida Business Committee’s consideration and the Oneida Business Committee shall make appointments from the said pool. 172 173 174 175 5. In making all future appointments, the Board shall provide the Oneida Business Committee with three (3) candidates per available Director position and the Oneida Business Committee shall make appointments from the candidates provided by the Board. 176 177 178 179 6. The Directors shall select from amongst themselves the following officer positions, provided that all officers shall be enrolled Tribal members of the Oneida Nation: President, Secretary and Treasurer. 4 Page 41 of 461 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 C. Qualifications. Directors must meet the following qualifications: 1. be at least twenty-one (21) years old; 2. have a high school diploma, high school equivalency degree, or general education development certificate; 3. have fundraising experience and either a) experience in management, business administration, youth services or law, or b) a bachelor’s degree; 4. have the ability to obtain a fiduciary bond; and 5. have the ability to exercise sound judgment in matters relating to OYLI’s purpose. D. Term. Each Director shall serve a term of three (3) years, provided that the initial Directors, in order to stagger terms, shall be randomly assigned one, two, and three year terms, in roughly equal proportion, and the terms shall thereafter remain staggered for the duration of the Board’s existence. Directors may be re-appointed to successive terms without limitation. E. Removal. The Oneida Business Committee may remove Directors, with cause as defined in the OYLI’s By-laws, by a majority vote of the members of the Oneida Business Committee present and voting at a duly called and held meeting of the Oneida Business Committee. The Board may adopt By-Laws governing the removal of OYLI Directors by the Board with or without cause. F. Vacancy. In the event of a vacancy before the expiration of a term, the Oneida Business Committee shall, in accordance with this Charter and Oneida law, promptly select and appoint a new Director for the remainder of the unexpired term. G. Successor. Unless he or she resigns or is removed, a Director shall hold office until his or her successor is appointed and sworn in by the Oneida Business Committee. In the event a Director holds over in office beyond the expiration of his or her term, the term of his successor shall be commensurately shortened, so that the terms of the Directors remain staggered. H. No Personal Liability. No Director shall be personally liable to any creditor of OYLI by reason of his or her status as a Director of the Board or by reason of acts done or not done in his or her capacity as a Director of the Board. I. Quorum. A quorum of the Board shall consist of one-half of the Directors then in office, plus one. A quorum is required for the Board to take official action. A quorum may be reached by Directors attending the meeting in person or, if preapproved by the Board, via conference call, Skype or similar technology. 5 Page 42 of 461 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 J. Regular Meetings. The Board shall meet at least once every month and may meet as frequently as the business of the OYLI requires. K. Compensation. The Board shall be a voluntary Board until such time as the Board, by majority vote of Directors at a duly called meeting, determines that the OYLI is financially stable enough to pay meeting stipends. Should the Board vote to pay meeting stipends, the stipend shall be fifty dollars ($50.00) per meeting and shall be paid from the OYLI’s earnings. The stipend amount may be modified as proposed by the Board and approved by Oneida Business Committee resolution. While the Board may meet as frequently as the business of the OYLI requires, Directors may receive stipends for a maximum of two (2) meetings per month. L. Conflict of Interest. A Director shall not participate in any Board action that involves the Director’s personal financial interest. Each Director shall promptly notify the Secretary of the Board in writing of any personal financial interest he or she may have in any matter which may come before the Board or which may relate to the activities of OYLI. The Secretary shall enter the notification in the minutes, and the Director shall not participate in any action relating to the matter or be involved in any manner with the matter. As used herein, “personal financial interest” means an interest distinct from other members of the Nation held by the Director or an immediate family member of the Director which involves an ownership, income, investment or other beneficial interest in a business, or relates to any employment or prospective employment. M. Records. The Board shall keep complete and accurate records of all meetings and actions taken. Section X. Indemnification of Directors and Officers. OYLI shall indemnify any person against reasonable expenses actually and necessarily incurred, and against judgments, fines and amounts paid in settlement, in connection with any action, suit or proceeding in which the person was or is a party or threatened to be made a party by reason of the fact that he or she is or was a Director, officer, agent or employee acting on behalf of the OYLI, to the extent that such person is not otherwise indemnified, except in relation to matters as to which the person shall be adjudged in such action, suit or proceeding to be liable for gross negligence or intentional misconduct. Section XI. Reports. A. Annual and Quarterly Reports. The Board shall file written reports with the General Tribal Council and the Oneida Business Committee in accordance with this Section. The Board shall prepare reports annually for the annual meeting of the General Tribal Council, and shall prepare reports quarterly for the Oneida Business Committee, and at such other times as directed by the Oneida Business Committee. B. Narrative Reports. The Board shall submit narrative reports to the Secretary of the Oneida Business Committee by May 31st of each year for inclusion in the agenda materials for the annual General Tribal Council meeting held in July of each year. 6 Page 43 of 461 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 Narrative reports are considered public reports and will be made available to the membership through the office of the Secretary, on the Nation’s website, or otherwise. Narrative reports should provide contextual and non-financial information about OYLI’s activities and operations, and should at a minimum address: 1. summary of OYLI’s programs and activities; 2. any significant problems, accomplishments, and events: 3. description of any material changes or developments; 4. identification of the primary goals and targets and progress made towards accomplishment of the same; 5. identification of key elements for success, including risks, resources and relations available and needed in order to successfully fulfill outlined strategies; and 6. summary of assets and financial condition. C. Financial Reports. The Board shall submit financial reports quarterly to the Secretary of the Oneida Business Committee, with copies to the Chair, the Treasurer and the Audit Committee. Financial reports are subject to annual audits by the Nation’s internal and/or third party auditors. They are proprietary and confidential, to be retained by the Secretary's office, and accessible only to those authorized officers, officials and personnel of the Nation with a legal or legitimate need to know such information; provided, however, that the Board or the Oneida Business Committee may authorize disclosure. Financial reports should be structured in an understandable manner consistent with Generally Accepted Accounting Principles (GAAP), and shall at a minimum include the following: 1. executive summary; 2. statement of financial position; 3. statement of activities; 4. statement of functional expenses; 5. statement of cash flows; and 6. notes to financial statements. D. Disclosure Reports. The Board shall submit disclosure reports to the Oneida Business Committee by May 31st of each year. Disclosure reports shall identify any personal financial interest on the part of any Director which precludes the Director from 7 Page 44 of 461 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 participating in actions of the Board or being involved in the operations of OYLI under section IX(L). Disclosure reports are proprietary and confidential, to be retained by the Secretary’s office, and accessible only to those authorized officers, officials and personnel of the Nation with a legal or legitimate need to know the information. Section XII. Dissolution. The Oneida Business Committee may dissolve OYLI by a 2/3 majority vote adopting a resolution calling for dissolution. Upon dissolution, OYLI’s assets shall be distributed in the following order of priority: i) perfected security interests of the Oneida Nation; ii) perfected security interests of third parties; iii) imperfect security interests of the Oneida Nation and third parties; and iv) all other debts and liabilities. Upon payment of all debts and liabilities, all remaining assets shall revert to the Oneida Nation. Section XIII. Miscellaneous. A. Effective Date. This Charter shall become effective upon the date of adoption of a resolution by the Oneida Business Committee granting this Charter. B. Consistency with Constitution. This Charter shall be construed in a manner consistent with the Oneida Nation Constitution. In the event of any inconsistency, the provisions of the Constitution shall control. C. Consistency with Oneida Nation Laws. To the extent of any inconsistency between this Charter and the laws of the Oneida Nation with respect to the activities and operations of OYLI, this Charter shall control. D. Amendment. The Oneida Business Committee may amend this Charter through adoption of a resolution. 8 Page 45 of 461 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 08 / 24 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Resolutions Accept as Information only Action - please describe: Adopt the Resolution titled Adoption of the Oneida Youth Leadership Institute's Charter and approve the corresponding by-laws. 3. Supporting Materials Report Resolution Contract Other: 1. Resolution and Statement of Effect 3. OYLI By-laws 2. OYLI Charter 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Joanie Buckley, Division Director/Internal Services Primary Requestor: Submitted by: Krystal John, Attorney/Law Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Page 46 of 461 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The Oneida Youth Leadership Institute Board By-laws Article I. Authority 1. Name (a) The official name of this board is the Oneida Youth Leadership Institute Board referred to herein as the Board 2. Authority (a) By the authority of the Oneida Nation, the Board was established by the Oneida Youth Leadership Institute’s Charter, which was adopted by Oneida Business Committee resolution _________. (b) The purpose of the Oneida Youth Leadership Institute Board is to: (1) receive tax-deductible contributions eligible under Internal Revenue Code Section 170 and 7871(a); (2) approve and administer the Oneida Youth Leadership Institute’s disbursements; (3) promote nonprofit activities including, but not limited to, fundraising, education, training, meetings, workshops, publications and other relevant activities of the Oneida Youth Leadership Institute Board; and (4) provide regular reporting to the Oneida Business Committee and General Tribal Council. 3. Office (a) The official mailing address of the Board is P.O. Box 365, Oneida, WI 54155. (b) The physical address of the Board is 909 Packerland Drive, Green Bay, WI 54303. The physical address of the Board is subject to change from time to time with approval of the Board and the approval of the Oneida Business Committee. 4. Membership (a) The Board shall be composed of a minimum of five (5) and a maximum of seven (7) directors. In selecting and appointing Directors, the Oneida Business Committee shall give due consideration to qualities of industry, responsibility, integrity, and judgment, and shall have due regard for the need for diversity of experience on the Board, the need for adequate representation of the areas of expertise required by the Oneida Youth Leadership Institute, and the guidelines of organizations which may provide financial assistance to Oneida Youth Leadership Institute. (1) A minimum of four (4) directors shall be local to the area, residing within Brown or Outagamie counties. (2) A minimum of two (2) directors shall be enrolled Tribal members of the Oneida Nation. (3) To the extent possible, in order to create a well-balanced Board, when appointing directors, the Oneida Business Committee shall ensure that the Board contains a minimum of one (1) director with each of the specialties: management, business administration, youth services and law. (4) In appointing the first Board, the Oneida Youth Leadership Institute’s work group shall prepare a pool of candidates for the Oneida Business Committee’s 1 Page 47 of 461 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 consideration and the Oneida Business Committee shall make appointments from the said pool. (5) In making all future appointments, the Board shall provide the Oneida Business Committee with three (3) candidates per available director position and the Oneida Business Committee shall make appointments from the candidates provided by the Board. (6) Each director shall serve a term of three (3) years, provided that the initial directors, in order to stagger terms, shall be randomly assigned one, two, and three year terms, in roughly equal proportion, and the terms shall thereafter remain staggered for the duration of the Board’s existence. Directors may be reappointed to successive terms without limitation. (b) Qualifications (a) To be eligible for appointment to the Oneida Youth Leadership Institute Board, a candidate shall have the following qualifications: (a) be at least twenty-one (21) years old; (b) have a high school diploma, high school equivalency degree, or general education development certificate; (c) have fundraising experience and either (1) experience in management, business administration, youth services or law, or (2) a bachelor’s degree; (d) have the ability to obtain a fiduciary bond; and (e) have the ability to exercise sound judgment in matters relating to OYLI’s purpose. (c) Vacancies, Appointments, Resignations, Suspensions, and Removals (a) Vacancies and Appointments. If any director dies, resigns, is removed, incapacitated, or is otherwise unable to serve, the chairperson of the Board shall initiative the appointment process by forwarding the Board’s recommendations for appointment to the secretary of the Oneida Business Committee. (b) Resignation. Directors wishing to resign may do so by submitting a written resignation at any regular Board meeting. (c) Removal. Removal of directors may occur by the Oneida Business Committee in accordance with the Removal law or by the Board in accordance with the Board’s charter. All removals of directors by the Board shall further the purpose and policy of the Oneida Youth Leadership Institute. Removals by the Board may be with or without cause, where the following creates cause for removal: (a) failure to attend three (3) regularly scheduled meetings, whether excused or unexcused, within a six (6) month period; (b) intentional misuse of funds; (c) alcohol abuse while performing official responsibilities or illegal use of drugs at any time; (d) failure to continue to meet the qualifications for serving as director; and/or (e) committing a felony while serving as director. (d) Subcommittees. A subcommittee may be appointed by the chairperson of the Board to carry out specific duties, when deemed necessary. The subcommittee shall serve until the duties with which this subcommittee has been charged are completed, and a report has been accepted by the Board. Page 48 of 461 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 (e) Board Duties. The duties of the Board include, but are not limited to, the following: (1) At the commencement of taking office, new directors shall complete the Board Confidentiality Statement and the Non-Disclosure Agreement and provide the completed forms to the Chairperson. Upon submission of forms to the Chairperson, the director may vote on Board actions. (2) Develop and adopt policy relating to the management and administration of the Oneida Youth Leadership Institute. (3) Oversee the Oneida Youth Leadership Institute’s distributions. (4) Participate in training including orientation, board training and workshops pertaining to investing, fiduciary, and relevant Oneida laws. (5) Oversee the Oneida Youth Leadership Institute’s fund investment activity and portfolio management. The Board shall maintain this fiduciary responsibility until the Oneida Youth Leadership Board’s funds reach one million dollars ($1,000,000.00), at which time such responsibilities shall transfer to the Trust/Enrollment Committee. Should the Trust/Enrollment Committee assume such responsibilities, it shall regularly report the funds’ performance to the Board. (6) Participate in Oneida Youth Leadership Institute fundraising activities, including a personal financial contribution to annual fundraising campaigns. (7) Restrict all use of the Oneida Youth Leadership Institute’s donations to public purposes that promote leadership qualities in Oneida youth and, in all instances, prevent such donations from being used to contribute towards lobbying or political campaign activity, regardless of the purpose. (8) Acknowledge all donations to the Oneida Youth Leadership Institute by providing a written acknowledgment of gratitude to each donor. (9) Ensure that the Oneida Youth Leadership Institute’s financials are audited annually and that findings of such audits are available to donors upon request. (10) Make all reports made to the Oneida Business Committee and/or the General Tribal Council available to donors upon request. 5. Stipends. The Board shall be a voluntary board until such time as the Board, by majority vote of directors at a duly called meeting, determines that the Oneida Youth Leadership Institute is financially stable enough to pay meeting stipends. Should the Board vote to pay meeting stipends, the stipend shall be fifty dollars ($50.00) per meeting and shall be paid from the Oneida Youth Leadership Institute’s earnings. The stipend amount may be modified as proposed by the Board and approved by Oneida Business Committee resolution. While the Board may meet as frequently as the business of the Oneida Youth Leadership Institute requires, directors may receive stipends for a maximum of two (2) meetings per month. 6. Trainings and Conferences. All directors shall complete orientation training organized by the Executive Manager, including non-profit organization and administration training. The Board may, by written resolution, name required trainings and conferences required for directors to responsibly serve the Oneida Youth Leadership Institute. Article II. Officers 1. Officer Selection. The directors shall select from amongst themselves, at the first Regular meeting following annual appointment, the following officer positions, provided that a maximum of one (1) officer may be selected that is not local to the area residing within Brown or Page 49 of 461 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 Outagamie counties and a maximum of 1 (one) officer may be a non-Tribal member: President, Secretary and Treasurer. (a) If an officer position is vacated, the Board shall hold an interim election to fill the office for the balance of the year. (b) Nomination of directors for officer positions may only be made by a director present, physically or electronically, at a duly called meeting of the Board. (c) Any director nominated and/or elected to an officer position may communicate acceptance of such nomination/election via written correspondence, which may include electronic communications such as e-mail and facsimile. 2. Officer Positions. The Board shall elect directors to the following officer positions: (a) President (a) The President shall call and preside over meetings, appoint subcommittees as needed, oversee all Board activities and schedule special meetings. (b) The President shall invite input from directors for Board self-evaluations. (c) The President shall serve as an ex-officio member of all established subcommittees. (b) Treasurer (a) The Treasurer acts with the same authority as the chairperson in the absence of the President. (b) The Treasurer shall ensure the accuracy of the Oneida Youth Leadership Institute’s financials. (c) The Treasurer shall coordinate with the Trust/Enrollment Committee as necessary. (d) The Treasurer is responsible for fulfilling all of the Board’s financial reporting requirements, including the annual audit. (c) Secretary (a) The Secretary is responsible for all of the Board’s record keeping, minutes and correspondence. (b) In the absence of the President and Treasurer, the Secretary may call and preside over meetings. (c) The Secretary is responsible for fulfilling all of the Board’s non-financial reporting requirements. 3. Budgetary and Travel Sign-Off Authority. With the Treasurer’s guidance, the Board, as a whole, shall approve the Board’s budget and, should the Board grow to be able hire its own staff, review and approve any budgets developed by staff. All travel and expenses incurred by the Board is required to be approved by the Board in advance of incurring such travel and expense costs. Travel and expenses specifically budgeted in the budget approved by the Board do not require separate approval by the Board. 4. Personnel. Until the Board has sufficient earnings to hire its own staff, the Nation’s Grants Manager shall be the Board’s Executive Manager. (a) Until the Board is able to hire its own staff: (a) the Board shall receive approval from the Executive Manager’s supervisor as to the scope of services/work hours he/she has available to contribute towards the Board; Page 50 of 461 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 (2) the Executive Manager shall report to the Board for direction in regards to projects assigned by the Board, provided that the Executive Manager’s supervisor shall be noticed of all assignments and shall remain responsible for all supervision of the Executive Manager; and (3) the Executive Manager shall coordinate use of other employees of the Nation with their respective supervisors as needed for Board assignments. An employee of the Nation may not work on Board activities until his/her supervisor has approved the scope/time of the employee’s contribution. (b) All employees of the Nation contributing towards Board initiatives shall at all times remain employees of the Nation and shall at all times be governed by the Nation’s employment laws, policies, and procedures. Article III. Meetings 1. Regular Meetings. The Board shall meet at least once every month and may meet as frequently as the business of the Oneida Youth Leadership Institute may require. The Board shall establish, by written resolution, the time and place of regular meetings and may amend the time and place of regular meetings by the same. 2. Emergency/Special Meetings. The President may call Emergency/Special meetings. There shall be a minimum of twenty-four (24) hour verbal and/or written notice to all directors of any emergency and/or special meeting. A meeting satisfying this notice requirement and meeting quorum constitutes a duly called meeting. 3. Quorum. A quorum of the Board shall consist of one-half of the Directors then in office, plus one. A quorum is required for the Board to take official act [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A7f0441681af1b579. Public record. Not legal advice.