Oneida Business Committee (2018)
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Public Packet
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Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, April 24, 2018
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, April 25, 2018
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/
I.
CALL TO ORDER AND ROLL CALL
II.
OPENING
A. Special Recognition for years of service – Twenty-two (22) Oneida Nation employees
Sponsor: Geraldine Danforth, Area Manager/HRD
III.
ADOPT THE AGENDA
IV.
OATHS OF OFFICE
A. Oneida Nation Arts Board – Susan Danforth
B. Oneida Environmental Resource Board – Megan White
C. Oneida Pow-wow Committee – Jeremy King
D. Oneida Nation School Board – Shannon Metoxen
V.
MINUTES
A. Approve April 11, 2018, regular meeting minutes
Sponsor: Lisa Summers, Secretary
VI.
RESOLUTIONS
A. Adopt resolution entitled Proclamation of Appreciation
Sponsor: Kirby Metoxen, Councilman
B. Adopt resolution entitled Older Americans Month 2018
Sponsor: George Skenandore, Division Director/Governmental Services
Oneida Business Committee
Regular Meeting Agenda
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April 25, 2018
Public Packet
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C. Adopt resolution entitled Contribution to the Experience Greater Green Bay
Sponsor: Nathan King, Director/ Legislative Affairs
D. Adopt resolution entitled Military Service Employee Protection Act Emergency
Amendments
Sponsor: David P. Jordan, Councilman
E. Adopt resolution entitled Oneida Judiciary Rules of Civil Procedure Emergency
Amendments
Sponsor: David P. Jordan, Councilman
F. Adopt resolution entitled Oneida Personnel Policies and Procedures Emergency
Amendments
Sponsor: David P. Jordan, Councilman
G. Adopt resolution entitled Employee Protection Policy Emergency Amendments
Sponsor: David P. Jordan, Councilman
H. Adopt resolution entitled Transition Plan for the Transfer of Hearing Authority from the
Personnel Commission to the Judiciary – Trial Court
Sponsor: David P. Jordan, Councilman
VII.
STANDING COMMITTEES
A. COMMUNITY DEVELOPMENT PLANNING COMMITTEE
Chair: Ernie Stevens III, Councilman
1. Accept March 8, 2018, Community Development Planning Committee meeting minutes
B. FINANCE COMMITTEE
Chair: Trish King, Treasurer
1. Approve April 20, 2018, Finance Committee meeting minutes
C. LEGISLATIVE OPERATING COMMITTEE
Chair: David P. Jordan, Councilman
1. Accept April 2, 2018, Legislative Operating Committee meeting minutes
2. Accept June 18, 2018, special GTC meeting materials – Employment Law
3. Adopt Domestic Animals law rule # 1 – Licensing Fees, Fines and Penalties
D. QUALITY OF LIFE COMMITTEE
Chair: Brandon Stevens, Vice-Chairman
1. Accept March 15, 2018, Quality of Life Committee meeting minutes
VIII.
APPOINTMENTS (No Requested Action)
Oneida Business Committee
Regular Meeting Agenda
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IX.
TABLED BUSINESS (No Requested Action)
X.
UNFINISHED BUSINESS (No Requested Action)
XI.
NEW BUSINESS (Scheduled times are subject to change)
A. Approve Capital Improvement Process (CIP) concept paper – ORCOA/ONCOA Elders Memorial
Garden – CIP # 18-004
Sponsor: Troy Parr, Division Director/Community and Economic Development
B. Review DarJune Foundation Inc. request and determine next steps (10:00 a.m.)
Sponsor: Daniel Guzman King, Councilman
C. Approve OBC SOP entitled Employee Incentive Distribution for Business Committee Direct
Reports and approve associated forms
Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers, Secretary;
and Trish King, Treasurer
XII.
TRAVEL
A. TRAVEL REPORTS (No Requested Action)
B. TRAVEL REQUESTS
1. Approve travel request – Secretary Lisa Summers and one (1) BC Staff – Tribal Caucus
and Inter-Tribal Criminal Justice Council Meeting – Hayward, WI – May 23-24, 2018
XIII.
OPERATIONAL REPORTS (Scheduled times are subject to change)
A. Accept Comprehensive Health Division FY-2018 2nd quarter report (1:30 p.m.)
Sponsor: Dr. Ravinder Vir, Division Director/Comprehensive Health Medical and Debra Danforth,
Division Director/Comprehensive Health Operations
B. Accept Governmental Services Division FY-2018 2nd quarter report (1:50 p.m.)
Sponsor: George Skenandore, Division Director/Governmental Services
C. Accept Internal Services Division FY-2018 2nd quarter report (2:10 p.m.)
Sponsor: Joanie Buckley, Division Director/Internal Services
D. Accept Community and Economic Development Division FY-2018 2nd quarter report (2:30 p.m.)
Sponsor: Troy Parr, Division Director/Community and Economic Development
E. Accept Public Works Division FY-2018 2nd quarter report
Sponsor: Jacque Boyle, Division Director/Public Works
Oneida Business Committee
Regular Meeting Agenda
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April 25, 2018
Public Packet
XIV.
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GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the
BC Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to
https://goo.gl/uLp2jE)
A. Petitioner Yvonne Metivier – Treatment Clinic
EXCERPT FROM APRIL 11, 2018: (1) Motion by Lisa Summers to accept the legislative analysis 45day status update, seconded by Kirby Metoxen. Motion carried unanimously. (2) Motion by Lisa
Summers to accept the legal analysis 45-day status update, seconded by Kirby Metoxen. Motion
carried unanimously. (3) Motion by Lisa Summers to accept the financial analysis 45-day status
update, seconded by Kirby Metoxen. Motion carried unanimously.
EXCERPT FROM FEBRUARY 28, 2018: Motion by Jennifer Webster to acknowledge receipt of
petition; to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report
Offices’ for legal, financial, legislative, and administrative analyses; to direct the Law, Finance, and
Legislative Reference Office to submit their analyses to the Secretary within 60 days with a progress
report to be submitted within 45 days; to direct the Direct Report Offices to submit administrative
analyses to Secretary within 30 days, seconded by Brandon Stevens. Motion carried unanimously.
1. Accept legislative analysis
Sponsor: David P. Jordan, Councilman
2. Accept update regarding legal analysis, financial analysis, and meeting materials
Sponsor: Lisa Summers, Secretary
B. Approve four (4) actions re Petitioner Gladys Dallas – $5,000 Per Capita payment
Sponsor: Lisa Summers, Secretary
XV.
EXECUTIVE SESSION (Scheduled times are subject to change)
A. REPORTS
1. Accept Comprehensive Health Division FY-2018 2nd quarter executive report – Sponsor:
Dr. Ravinder Vir, Division Director/Comprehensive Health Medical and Debra Danforth,
Division Director/Comprehensive Health Operations (8:30 a.m.)
2. Accept Governmental Services Division FY-2018 2nd quarter executive report – George
Skenandore, Division Director/Governmental Services (9:00 a.m.)
a) Discuss FY-2018 Rites of Passage budgetary concern
3. Accept Internal Services Division FY-2018 2nd quarter executive report – Joanie Buckley,
Division Director/Internal Services (9:30 a.m.)
4. Accept Community and Economic Development Division FY-2018 2nd quarter executive
report – Troy Parr, Division Director/Community and Economic Development (10:00 a.m.)
5. Defer Public Works Division FY-2018 2nd quarter executive report to March 9, 2018,
regular Business Committee meeting – Jacque Boyle, Division Director/Public Works
6. Accept Chief Counsel report – Jo Anne House, Chief Counsel
7. Accept Chief Financial Officer April 2018 report – Larry Barton, Chief Financial Officer
8. Accept Intergovernmental Affairs and Communications April 2018 report – Nathan King,
Director/ Legislative Affairs (11:45 a.m.)
Oneida Business Committee
Regular Meeting Agenda
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April 25, 2018
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B. STANDING ITEMS
1. LAND CLAIMS STRATEGY
a) Defer action plan regarding original records to May 9, 2018, regular Business
Committee meeting
Sponsor: Lisa Summers, Secretary
EXCERPT FROM MARCH 14, 2018: Motion by Jennifer Webster to accept the Land Claims
update and the recommendations #1 through #5 included in the update noting that discussion
and consideration of item #1.a. be included in the action plan, seconded by Trish King.
Motion carried unanimously.
2. ONEIDA GOLF ENTERPRISE CORPORATION – LADIES PROFESSIONAL GOLF
ASSOCIATION
a) Accept Thornberry Creek LPGA Classic April 2018 report
Liaison: Trish King, Treasurer
Submitted by: Josh Doxtator, Chief Operational Officer/Oneida Golf Enterprise
Corporation
3. LAND MORTGAGE FUNDS (No Requested Action)
C. AUDIT COMMITTEE (No Requested Action)
D. TABLED BUSINESS (No Requested Action)
E. UNFINISHED BUSINESS (No Requested Action)
1. Defer close-out report regarding complaint # 2017-DR11-01 to May 23, 2018, regular
Business Committee meeting
Sponsor: Brandon Stevens, Vice-Chairman; Jennifer Webster, Councilwoman
EXCERPT FROM MARCH 14, 2018: Motion by Kirby Metoxen to defer the close-out report
regarding complaint # 2017-DR11-01 until the April 25, 2018, regular Oneida Business Committee
meeting, seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM DECEMBER 27, 2017: Motion by Kirby Metoxen to defer the follow-up or closeout report regarding Complaint # 2017-DR11-01 for thirty (30) days, seconded by Ernie Stevens
III. Motion carried unanimously.
EXCERPT FROM NOVEMBER 30, 2017: Motion by Lisa Summers to defer the follow-up
regarding complaint # 2017-DR11-01 for thirty (30) days, seconded by Jennifer Webster. Motion
carried unanimously.
EXCERPT FROM SEPTEMBER 13, 2017: Motion by Lisa Summers to defer the follow-up
regarding complaint # 2017-DR11-01 for thirty (30) days, seconded by Trish King. Motion
carried unanimously.
EXCERPT FROM AUGUST 9, 2017: Motion by David Jordan to assign OBC members Brandon
Stevens and Jennifer Webster for follow-up; and for this item to brought to the September 13,
2017, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously.
EXCERPT FROM JULY 27, 2017: (Reconvened from July 26, 2017) Motion by Jennifer Webster
to direct Vice-Chairwoman Melinda J. Danforth to complete the follow-up on behalf of the OBC
Officers; and to direct that the report from Comprehensive Health be due at the August 9, 2017,
regular Business Committee meeting, seconded by David Jordan. Motion
carried unanimously.
EXCERPT FROM JULY 12, 2017: Motion by Motion by Jennifer Webster to defer this item to the
Oneida Business Committee Officers for follow up with the Comprehensive Health Operations
Division Director; and for a report to be brought back to the July 26, 2017, regular Business
Committee meeting, seconded by Fawn Billie. Motion carried unanimously.
Oneida Business Committee
Regular Meeting Agenda
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April 25, 2018
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2. Accept 45-day update regarding complaint # 2018-DR04-01
Sponsor: Brandon Stevens, Vice-Chairman; Kirby Metoxen and Ernie Stevens III,
Councilmen
EXCERPT FROM MARCH 28, 2018: Motion by Jennifer Webster to assign Councilman
Kirby Metoxen to the OBC Sub-committee to investigate complaint # 2018-DR04-01 and to
remove Councilman David P. Jordan from the Sub-committee, seconded by David P. Jordan.
Motion carried with one abstention.
EXCERPT FROM MARCH 14, 2018: Motion by David P. Jordan to assign Vice-Chairman
Brandon Stevens, Councilmen David Jordan, and Ernie Stevens III to investigate complaint #
2018-DR04-01, seconded by Kirby Metoxen. Motion carried unanimously.
3. Accept 45-day update regarding complaint # 2018-DR11-01
Sponsor: Brandon Stevens, Vice-Chairman; Trish King, Treasurer; Ernie Stevens III,
Councilman
EXCERPT FROM MARCH 14, 2018: Motion by Kirby Metoxen to assign Vice-Chairman
Brandon Stevens, Treasurer Trish King, and Councilman Ernie Stevens III to investigate
complaint # 2018-DR11-01, seconded by Jennifer Webster. Motion carried unanimously.
F. NEW BUSINESS
1. Approve pursuing Tax Code drafting contract and approve Economic Diversification
and Community Development fund use – Tax Code drafting contract – $26,000
Sponsor: Ernie Stevens III, Councilman
2. Review OBC SOP entitled Employee Incentive Distribution for Business Committee
Direct Reports and associated forms
Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers,
Secretary; and Trish King, Treasurer
XVI.
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:30 p.m., Friday, April 20, 2018,
pursuant to the Open Records and Open Meetings law (§ 107.14.)
The meeting packet of the open session materials for this meeting is available by going to the Oneida
Nation’s official website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364
or (800) 236-2214.
Oneida Business Committee
Regular Meeting Agenda
Page 6 of 6
April 25, 2018
Public Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
04
I 25
I 18
2. General Information:
Session:
lg] Open
Agenda Header:
D Executive- See instructions for the applicable laws, then choose one:
!Announcement/Recognition
D Accept as Information only
[8! Action - please describe:
Presentation of Years of Service Certificates to approximately twenty-five (20) employees by their immediate
supervisor along with the Business Committee.
3. Supporting Materials
D Report
D Resolution
D Contract
lg] Other:
1.,List of employees to be recognized
3.
2.
4.
D Business Committee signature required
4. Budget Information
D Budgeted -Tribal Contribution
D Budgeted -Grant Funded
5. Submission
Authorized Sponsor I Liaison:
Primary Requestor:
Maureen Metoxen, Exec Assist
Your Name, Title I Dept. or Tribal Member
Additional Requestor:
Name, Title I Dept.
Additional Requestor:
Name, Title I Dept.
Page 1 of2
D Unbudgeted
Public Packet
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
HRD coordinates efforts on a quarterly basis, with all supervisors and the Business Committee to recognize
employees who have reached the 25+ years milestone. With the assistance from each supervisor, HRD will create
the certificate to be presented to the Years of Service recipient.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of2
Public Packet
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2nd Quarter
Name
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PREVOST,JEFFREY L
SKENANDORE,RAE M
MCNICHOLS,LORI J
VERHEYEN,WAYNE J
APPEL,ROBERT
CHARNIAK,RICHARD
JOLY,CHRISTINE M
KING,RICHARD G
MANTHE,KERRY
RAHMLOW,TAMMY S
ZUELKE,SANDRA L
POWLESS,JAMES L
SZCZEPANSKI,LYNN A
RASMUSSEN,FAWNE M
JOURDAN,MICHAEL J
KING-SKENANDORE,LUANN M
MURPHY,THERESA
BURKE,JAMES
LINDBERG,SUZANNE
ZAYAS,DOREEN P
UMENTUM,TAMMY M
COWMAN,MARY J
Fiscal Year: FY2018
FY'18
Supervisor Name
SKENANDORE,LORNA G
NINHAM-LAMBERIES,RALINDA R
LALUZERNE,KIM A
BARBER,CHERIE P
LALUZERNE,KIM A
LALUZERNE,KIM A
LALUZERNE,KIM A
LALUZERNE,KIM A
LALUZERNE,KIM A
LALUZERNE,KIM A
NINHAM,TIMOTHY D
DANFORTH,ALFRED
JORDAN,MISTY D
CORNELIUS,LOUISE C
ANTONE,DOROTHY A
COTTRELL,SCOTT D
DELGADO,TSYOSHAAHT C
LALUZERNE,KIM A
LALUZERNE,KIM A
SCHUYLER,LEE A
MIELKE,GEORGIANNA J
LALUZERNE,KIM A
ADOH
Feb 2, 1983
Jan 3, 1993
Jan 7, 1993
Jan 9, 1993
Jan 20, 1993
Jan 20, 1993
Jan 20, 1993
Jan 20, 1993
Jan 20, 1993
Jan 20, 1993
Feb 1, 1993
Feb 4, 1993
Feb 8, 1993
Feb 11, 1993
Feb 22, 1993
Feb 22, 1993
Mar 8, 1993
Mar 15, 1993
Mar 15, 1993
Mar 17, 1993
Mar 22, 1993
Mar 30, 1993
Years
35
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
Public Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
04 / 25 / 18
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 Susan Danforth for the Oneida Nation Arts Board.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Brooke Doxtator, BCC Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
There was one (1) applicant for one (1) vacancy on the Oneida Nation Arts Board.
On March 28, 2018 the Oneida Business Committee appointed Susan Danforth to the Oneida Nation Arts Board.
This will be the 2nd attempt to administer Susan's oath as he was unable to attend the regular BC Meeting on
April 11, 2018.
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
Public Packet
12 of 579
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
04 / 25 / 18
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 Megan White for the Environmental Resource Board.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Brooke Doxtator, BCC Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
13 of 579
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
There was one (1) applicant for one (1) vacancy on the Environmental Resource Board.
On March 28, 2018 the Oneida Business Committee appointed Megan White to the Environmental Resource
Board.
This will be the 2nd attempt to administer Megan's oath as she was unable to attend the regular BC Meeting on
April 11, 2018.
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
Public Packet
14 of 579
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
04 / 25 / 18
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 Jeremy King for the Pow Wow Committee.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Brooke Doxtator, BCC Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
There were four (4) applicants for one (1) vacancy on the Pow Wow Committee.
On March 28, 2018 the Oneida Business Committee appointed Jeremy King to the Pow Wow Committee.
This will be the 2nd attempt to administer Jeremy's oath as he was unable to attend the regular BC Meeting on
April 11, 2018.
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
Public Packet
16 of 579
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
04 / 25 / 18
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 Shannon Metoxen for the Oneida Nation School Board.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Brooke Doxtator, BCC Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
17 of 579
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The Oneida Nation School Board had a vacancy due to a lack of applicants during the 2017 General Election.
According to their by-laws
Should a vacancy occur within the School Board, the following activities shall be undertaken to ensure the
continuous operation of the Board in its charge to the School and the community:
If the highest non-elected candidate from the most recent election declines the position (there were not enough
applicants from the most recent election), the Board shall publish its vacancy in the Kalihwisaks and ask for
interested parents or community members. Upon deadline date, the School Board Chairperson will appoint, with
School Board ratification, at the next regular School Board meeting.
Per the School Board minutes from April 2, 2018
School Board Chair, Debbie Danforth, appoints Shannon Metoxen to fulfill the parent position vacancy.
Yays for Shannon Metoxen: Melinda K. Danforth, Fred Muscavitch, RC Metoxen, Margaret Ellis, Todd Hill.
Yays for Latsi Hill: Fred Muscavitch, RC Metoxen
Yays for Fern Diamond: None
Yays for Paul Metoxen: None
Yays for Rita Madrid: None
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
Public Packet
18 of 579
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
04 / 25 / 18
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 April 11, 2018, regular Business Committee meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. 4/11/18 regular BC meeting minutes DRAFT
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Secretary
Primary Requestor/Submitter:
Submitted by: Lisa Liggins, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
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DRAFT
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, April 10, 2018
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, April 11, 2018
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
EXECUTIVE SESSION
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Summers, Treasurer
Trish King, Council members: Daniel Guzman King, Ernie Stevens III, Kirby Metoxen, Jennifer Webster;
Not Present: Councilmembers: David P. Jordan;
Arrived at: n/a
Others present: Jo Anne House, Lisa Liggins, Larry Barton, Nate King, Brad Toll, Louise Cornelius, Bob
Barton;
REGULAR MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Summers, Treasurer
Trish King, Council members: Daniel Guzman King, Ernie Stevens III, Kirby Metoxen;
Not Present: Councilmembers: David P. Jordan, Jennifer Webster;
Arrived at: n/a
Others present: Jo Anne House, Lisa Liggins, Larry Barton, Nancy Skenandore, Bonnie Pigman,
Apache Danforth, Cheyenne Landru, Todd VanDen Heuvel, Nathan King, Brooke Doxtator, Mike
Mousseau, Chad Johnson, Kateri Baker, Lorannen Smith, Alissa Santiago, Rosa Laster, Laura LaitinenWarren, Karen Smith, Gina Buenrostro, Frank Vandehei, Debra Valentino, Kermit Valentino, Jessica
Wallenfang, Mike Debraska, RC Metoxen, Candace House, Cathy L. Metoxen, Ed Delgado, Nancy
Barton;
I.
CALL TO ORDER AND ROLL CALL by Chairman Tehassi Hill at 8:33 a.m.
For the record:
II.
Councilman David P. Jordan is on vacation. Councilwoman Jennifer
Webster is on approved travel to Indian Health Care Improvement fund
(IHCIF) Workgroup Meeting in Denver, CO. Vice-Chairman Brandon
Stevens will be leaving this morning on approved travel to Alliance for
Boys and Men of Color Equity Summit – Chicago, IL.
OPENING by Chairman Tehassi Hill
Oneida Business Committee
Regular Meeting Minutes
Page 1 of 12
April 11, 2018
Public Packet
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DRAFT
III.
ADOPT THE AGENDA (00:04:08)
Motion by Lisa Summers to approve the agenda with four (4) requested changes [1) Delete item
XV.B.2.a) Accept Oneida Golf Enterprise Corporation April 2018 report; 2) Add item XV.C.7. Accept final
Vocational Rehabilitation Job Training performance assurance audit and lift confidentiality requirement; 3)
Add item XV.F.4. Review Oneida Airport Hotel Corporation loan request; and 4) take action regarding part
one of item XV.E.1. Review Chairman’s recommendation regarding concern # 2018‐CC‐01 and determine
next steps immediately following the Oaths of Office], seconded by Daniel Guzman King. Motion carried
unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers
Not Present:
David P. Jordan, Jennifer Webster
IV.
OATHS OF OFFICE administered by Lisa Summers (00:05:40)
A. Oneida Pow-wow Committee – Jeremy King (not present)
B. Anna John Resident Centered Care Community Board – Candace House
C. Oneida Environmental Resource Board – Megan White (not present)
D. Oneida Land Commission – Michael J. Mousseau
E. Oneida Personnel Commission – Donna Richmond (not present)
F. Oneida Nation Arts Board – Susan Danforth (not present)
G. Oneida Airport Hotel Corporation – Board of Directors – Kateri Baker
H. Bay Bancorporation Inc. – Board of Directors – Todd VanDen Heuvel
V.
MINUTES
A. Approve March 28, 2018, regular meeting minutes (00:12:04)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to approve the March 28, 2018, regular meeting minutes, seconded by Trish
King. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers
Not Present:
David P. Jordan, Jennifer Webster
VI.
RESOLUTIONS (No Requested Action)
VII.
STANDING COMMITTEES
A. Community Development Planning Committee (No Requested Action)
Chair: Ernie Stevens III, Councilman
Oneida Business Committee
Regular Meeting Minutes
Page 2 of 12
April 11, 2018
Public Packet
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DRAFT
B. Finance Committee
Chair: Trish King, Treasurer
Councilman Ernie Stevens III departs at 9:18 a.m.
1. Approve April 2, 2018, Finance Committee meeting minutes (00:12:34)
Motion by Daniel Guzman King to approve the April 2, 2018, Finance Committee meeting minutes,
seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Lisa
Summers
Not Present:
David P. Jordan, Ernie Stevens III, Jennifer Webster
Councilman Ernie Stevens III returns at 9:20 a.m.
C. Legislative Operating Committee
Chair: David P. Jordan, Councilman
1. Accept March 7, 2018, Legislative Operating Committee meeting minutes (00:45:20)
Motion by Lisa Summers to accept the March 7, 2018, Legislative Operating Committee meeting minutes,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers
Not Present:
David P. Jordan, Jennifer Webster
D. Quality of Life Committee (No Requested Action)
Chair: Brandon Stevens, Vice-Chairman
VIII.
APPOINTMENTS
A. Appoint one (1) applicant to Oneida Election Board for remainder of term ending August
31, 2019 (00:45:46); (03:07:02)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to defer this item to executive session for discussion, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers
Not Present:
David P. Jordan, Jennifer Webster
Motion by Ernie Stevens III to repost the vacancy on the Oneida Election Board for remainder of term
ending August 31, 2019, seconded by Daniel Guzman King. Motion carried with one abstention:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III
Abstained:
Lisa Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
IX.
TABLED BUSINESS (No Requested Action)
X.
UNFINISHED BUSINESS (No Requested Action)
Oneida Business Committee
Regular Meeting Minutes
Page 3 of 12
April 11, 2018
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DRAFT
XI.
NEW BUSINESS
Vice-Chairman Brandon Stevens departs for approved travel at 9:40 a.m.
Councilman Kirby Metoxen departs at 9:41 a.m.
Councilman Kirby Metoxen returns at 9:44 a.m.
A. Approve allocating 431 Hillcrest Drive garage space for use by Yukwatsistayʌ (00:48:34)
Sponsor: Trish King, Treasurer
Motion by Kirby Metoxen to support the efforts of Yukwatsistayʌ to obtain the lease for the garage space
with the Oneida Land Commission, seconded by Trish King. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Secretary Lisa Summers departs at 10:17 a.m.
Secretary Lisa Summers returns at 10:28 a.m.
B. Approve Presenting Partner level sponsorship of $10,000 for 2018 Native American
Tourism of Wisconsin Conference (01:36:23)
Sponsor: Kirby Metoxen, Councilman
Motion by Lisa Summers to send the 2018 Native American Tourism of Wisconsin Conference
sponsorship request to the Finance Committee to come back with a recommendation on a sponsorship
level and dollar amount, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Councilman Ernie Stevens III departs at 10:31 a.m.
Councilman Kirby Metoxen departs at 10:31 a.m.
Councilman Kirby Metoxen returns at 10:35 a.m.
Councilman Ernie Stevens III returns at 10:37 a.m.
XII.
TRAVEL
A. TRAVEL REPORTS
1. Approve travel report – Secretary Lisa Summers and Treasurer Trish King – 11th
Annual Tribal Casino & Hotel Development Conference – Temecula, CA – March 25‐28,
2018 (01:57:31)
Motion by Kirby Metoxen to approve the travel report for Secretary Lisa Summers and Treasurer Trish
King regarding travel to the 11th Annual Tribal Casino & Hotel Development Conference – Temecula, CA
– March 25‐28, 2018, seconded by Daniel Guzman King. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 4 of 12
April 11, 2018
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B. TRAVEL REQUESTS
1. Approve travel request – Secretary Lisa Summers – 2018 Partners in Action –
Milwaukee, WI – July 17-19, 2018 (02:04:35)
Motion by Lisa Summers to approve the travel request for up to three (3) Oneida Business Committee
members to attend the 2018 Partners in Action – Milwaukee, WI – July 17-19, 2018, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
2. Approve travel request – Treasurer Trish King – Tribal Tax Advisory Committee –
Washington DC – May 6-8, 2018 (02:06:20)
Motion by Kirby Metoxen to approve the travel request for Treasurer Trish King to attend the Tribal Tax
Advisory Committee – Washington DC – May 6-8, 2018, noting the dates may change with the final
agenda, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
3. Approve travel request – Vice-Chairman Brandon Stevens – Haskell Spring Board of
Regents Meeting – Lawrence, KS – May 15-18, 2018 (02:13:43)
Motion by Trish King to approve the travel request for Vice-Chairman Brandon Stevens to attend the
Haskell Spring Board of Regents Meeting – Lawrence, KS – May 15-18, 2018, seconded by Kirby
Metoxen. Motion carried with one abstention:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Lisa Summers
Abstained:
Ernie Stevens III
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
4. Enter e-poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor: Lisa Summers, Secretary
a) Approved travel request – Councilman David P. Jordan – 36th NAFOA Annual
Conference – New Orleans, LA – April 22-25, 2018 (02:20:11)
Motion by Kirby Metoxen to enter the e-poll results into the record in accordance with OBC SOP entitled
Conducting Electronic Voting regarding the approved travel request for Councilman David P. Jordan to
attend the 36th NAFOA Annual Conference – New Orleans, LA – April 22-25, 2018, seconded by Trish
King. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
XIII.
OPERATIONAL REPORTS (No Requested Action)
Oneida Business Committee
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DRAFT
XIV.
GENERAL TRIBAL COUNCIL
A. Petitioner Yvonne Metivier – Treatment Clinic
EXCERPT FROM FEBRUARY 28, 2018: Motion by Jennifer Webster to acknowledge receipt of
petition; to send the verified petition to the Law, Finance, Legislative Reference, and Direct
Report Offices’ for legal, financial, legislative, and administrative analyses; to direct the Law,
Finance, and Legislative Reference Office to submit their analyses to the Secretary within 60
days with a progress report to be submitted within 45 days; to direct the Direct Report Offices to
submit administrative analyses to Secretary within 30 days, seconded by Brandon Stevens.
Motion carried unanimously.
Councilman Kirby Metoxen departs at 10:58 a.m.
Councilman Kirby Metoxen returns at 11:02 a.m.
1. Accept legislative analysis 45-day status update (02:21:06)
Sponsor: David P. Jordan, Councilman
Motion by Lisa Summers to accept the legislative analysis 45-day status update, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
2. Accept legal analysis 45-day status update (02:34:12)
Sponsor: Jo Anne House, Chief Counsel
Motion by Lisa Summers to accept the legal analysis 45-day status update, seconded by Kirby Metoxen.
Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
3. Accept financial analysis 45-day update (02:34:47)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Lisa Summers to accept the financial analysis 45-day status update, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 6 of 12
April 11, 2018
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DRAFT
B. Approve four (4) actions re Petitioner Yvonne Metivier – FY 2019 Wage Increase (02:39:10)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to acknowledge receipt of petition, seconded by Brandon Stevens. Motion
carried unanimously, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Lisa Summers to send the verified petition to the Law, Finance, Legislative Reference, and
Direct Report Offices’ for legal, financial, legislative, and administrative analyses, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Kirby Metoxen to direct the Law, Finance, and Legislative Reference Office to submit their
analyses to the Secretary within 60 days with a progress report to be submitted within 45 days, seconded
by Ernie Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Kirby Metoxen to direct the Direct Report Offices to submit administrative analyses to Secretary
within 30 days, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
C. Approve May 12, 2018, reconvened GTC meeting notice and addendum (02:51:52);
(03:07:40)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to defer this item to caucus, seconded by Daniel Guzman King. Motion carried
unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Lisa Summers to approve the May 12, 2018, reconvened GTC meeting notice and addendum
with the identified and noted changes, seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 7 of 12
April 11, 2018
Public Packet
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DRAFT
XV.
EXECUTIVE SESSION
A. REPORTS
1. Accept Chief Counsel report – Jo Anne House, Chief Counsel (02:58:57)
Motion by Lisa Summers to accept the Chief Counsel report, seconded by Trish King. Motion carried
unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
2. Accept special Intergovernmental Affairs and Communications report – Nathan King,
Director/ Intergovernmental Affairs and Communications (02:59:20)
Motion by Lisa Summers to accept the special Intergovernmental Affairs and Communications report and
approve the Director’s recommendation listed in the report, seconded by Kirby Metoxen. Motion carried
unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
B. STANDING ITEMS
1. LAND CLAIMS STRATEGY (No Requested Action)
2. ONEIDA GOLF ENTERPRISE CORPORATION – LADIES PROFESSIONAL GOLF
ASSOCIATION
a) Accept Oneida Golf Enterprise Corporation April 2018 report (Not Submitted)
Item deleted at the adoption of the agenda
3. LAND MORTGAGE FUNDS
a) Accept update to Chief Financial Officer recommendation (02:59:51)
Motion by Lisa Summers to accept the Chief Financial Officer recommendation as presented, seconded
by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
C. AUDIT COMMITTEE
Sponsor: David P. Jordan, Councilman
1. Accept February 15, 2018, Audit Committee meeting minutes (03:00:26)
Motion by Lisa Summers to accept the February 15, 2018, Audit Committee meeting minutes, seconded
by Ernie Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 8 of 12
April 11, 2018
Public Packet
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DRAFT
2. Accept final Oneida Police Department performance assurance audit and lift
confidentiality requirement (03:00:44)
Motion by Kirby Metoxen to accept the final Oneida Police Department performance assurance audit and
lift the confidentiality requirement, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
3. Accept final Tsyunhehkwa performance assurance audit and lift confidentiality
requirement (03:01:03)
Motion by Lisa Summers to accept the final Tsyunhehkwa performance assurance audit and lift the
confidentiality requirement, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
4. Accept Four Card Poker rules of play audit and lift confidentiality requirement
(03:01:20)
Motion by Daniel Guzman King to accept the Four Card Poker rules of play audit and lift the
confidentiality requirement, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
5. Accept final Gaming Custodial performance assurance audit and lift confidentiality
requirement (03:01:42)
Motion by Kirby Metoxen to accept the final Gaming Custodial performance assurance audit and lift the
confidentiality requirement, seconded by Daniel Guzman King. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
6. Accept final Custodial performance assurance audit and lift confidentiality requirement
(03:02:04)
Motion by Kirby Metoxen to accept the final Custodial performance assurance audit and lift the
confidentiality requirement, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
7. Accept final Vocational Rehabilitation Job Training performance assurance audit and
lift confidentiality requirement (03:02:31)
Motion by Lisa Summers to accept the final Vocational Rehabilitation Job Training performance
assurance audit and lift the confidentiality requirement, seconded by Kirby Metoxen. Motion carried
unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 9 of 12
April 11, 2018
Public Packet
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DRAFT
D. TABLED BUSINESS (No Requested Action)
E. UNFINISHED BUSINESS
1. Review Chairman’s recommendation regarding concern # 2018-CC-01 and determine
next steps (00:10:55); (03:03:00); (03:08:40)
Sponsor: Tehassi Hill, Chairman
EXCERPT FROM MARCH 28, 2018: (1) Motion by Brandon Stevens to accept concern #
2018-CC-01 in accordance with 105-6.5 of the Comprehensive Policy Governing Boards,
Committees, and Commissions, seconded by David P. Jordan. Motion carried unanimously.
(2) Motion by Brandon Stevens to defer concern # 2018-CC-01 to the Chairman’s Office and
for the Chairman to bring back a recommendation to the April 11, 2018, regular Business
Committee meeting, seconded by David P. Jordan. Motion carried unanimously.
Motion by Lisa Summers to accept the recommendation of the Chairman and terminate the appointment
under the authority of section 105.6‐5, based on the documentation submitted by the Oneida Personnel
Commission, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers
Not Present:
David P. Jordan, Jennifer Webster
Motion by Lisa Summers to defer this item to executive session for discussion, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Lisa Summers to adopt resolution 04-11-18-A Dissolution of Personnel Commission, Tolling all
Timelines in Personnel Related Matters, and Directing the Development of Emergency Amendments to
Existing Laws, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Lisa Summers to adopt resolution 04-11-18-B Creation of the Personnel Selection Committee,
seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Lisa Summers that the Secretary coordinate any follow up correspondence regarding these two
matters, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 10 of 12
April 11, 2018
Public Packet
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DRAFT
F. NEW BUSINESS
1. Approve USDOT Partnership Agreement – file # 2018-0267 (03:03:40)
Sponsor: David P. Jordan, Councilman
Motion by Lisa Summers to approve the USDOT Partnership Agreement – file # 2018-0267, seconded by
Ernie Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
2. Approve limited waiver of sovereign immunity – LexisNexis Time Matters annual
maintenance agreement – file # 2018-0323 (03:04:03)
Sponsor: Jo Anne House, Chief Counsel
Motion by Kirby Metoxen to approve a limited waiver of sovereign immunity for the LexisNexis Time
Matters annual maintenance agreement – file # 2018-0323, seconded by Lisa Summers. Motion carried
unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
3. Review application(s) for one (1) vacancy – Oneida Election Board – remainder of term
ending August 31, 2019 (03:04:28); (03:10:56)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to defer this item to executive session for discussion, seconded by Ernie
Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Daniel Guzman King to accept the discussion regarding the applications for one (1) vacancy –
Oneida Election Board – remainder of term ending August 31, 2019, as information, seconded by Ernie
Stevens III. Motion carried one abstention:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III
Abstained:
Lisa Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
4. Review Oneida Airport Hotel Corporation loan request (03:04:53); (03:11:52)
Sponsor: Trish King, Treasurer
Motion by Ernie Stevens III to defer this item to executive session for discussion, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Lisa Summers to adopt resolution 04-11-18-C Capital Contribution to the Oneida Airport Hotel
Corporation of $1.7 Million, seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 11 of 12
April 11, 2018
Public Packet
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DRAFT
Motion by Lisa Summers to go into executive session at 11:38 a.m., seconded by Kirby Metoxen. Motion
carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Lisa Summers come out of executive session at 5:12 p.m., seconded by Ernie Stevens.
Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
XVI.
ADJOURN (03:12:23)
Motion by Ernie Stevens III to adjourn at 5:18 p.m., seconded by Trish King. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 12 of 12
April 11, 2018
Public Packet
31 of 579
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
04
I 25
I 18
2. General Information:
Session:
~
Open
D Executive- See instructions for the applicable laws, then choose one:
Ell
I
AgendaHeader:
2
LIR_e_so_l_u_ti_
o_ns________________________________________________________ ~~TI
D Accept as Information only
~
Action -please describe:
Request to adopt the attached draft BC Resolution "Proclamation of Appreciation" recognizing the Trust
Enrollment Director's 24 years of service to the Oneida Nation.
3. Supporting Materials
D Report
D Contract
~ Resolution
~ Other:
l .lcover Memo to OBC Chair from OTEC Chair
3.1statement of Effect by LRO
2. Draft BC Resolution Proclamation of Appreciation
4.jEPOLL results from OTEC Approving Resolution
_5~ (.
~ Business Committee signature required
. :I
Ar-e<.
~r-o ,--. [d.., c..~-tf· :oll
<l/\J
.,-,..4;..,,-,'J
M o.,qj~r - 5v.fpc?ri."'..J Pr·o.:./a..,..qf,b11
4. Budget Information
D Budgeted- Tribal Contribution
D Budgeted- Grant Funded
D Unbudgeted
5. Submission
Authorized Sponsor/Uaison:
LjK_ir_b~y_M_e_t_ox_e_n_,_c_o_u_n_ci_lm__em__b_e_r______________________________~~~~
Primary Requestor/Submitter:
Bobbi Webster, Trust Enrollment Committee Chairwoman
Your Name, Title I Dept. or Tribal Member
Additional Requestor:
Name, Title I Dept.
Additional Requestor:
Name, Title I Dept.
Page 1 of2
" ~ W~/fJL
Public Packet
32 of 579
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
~he Trust Enrollment Director has served-the Trust Enrollment Committee for over 24 years-;-ln December of
2017, she was unexpectantly diagnosed with terminal illness and is retiring from her position. In recognition of
the Trust Enrollment Director's decades of service to the Oneida Nation, the Oneida Trust Enrollment Comm ittee
would like to honor the Trust Enrollment Director by changing the name of the "Trust Scholarship Fund" to the"
Susan White Trust Scholarship Fund".
~he Trust Enrollment Committee respectfully requests the Business Committee to approve the attached draft
OBC Resolution "Proclamation of Appreciation".
1) Save a copy of this form for your records.
I Save a Copy...
2) Print this form as a *.pdf OR print and scan this form in as -x·.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of2
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Oneida Trust Enrollment Committee
PO Box 365, Oneida WI 54155
(920) 869-6200 * 1-800-571-9902
Fax: (920) 869-2995
TrustEnrollments@oneidanation.org
https:ljoneida-nsn.gov/ resources/ enrollments/
"'
ONEIDA
=DDODOO
MEMORANDUM
TO:
Tehassi Hill, Tribal Chailman
Lisa Summers, Tribal Secretary
FROM:
Bobbi Webster, Oneida Trust Enrollment Committee Chairwoman
DATE:
April17, 2018
SUBJECT:
Proclamation of Appreciation for Susan White
The Oneida Trust Emollment Committee (OTEC) is respectfully requesting that the Oneida
Business Committee (OBC) place the attached Proclamation of Appreciation on the next OBC
Regular Meeting Agenda to recognize Susan White, who was unfortunately diagnosed with a
terminal illness. The OTEC requests the OBC to approve the Proclamation of Appreciation and
to present it to Susan White at the April25, 2018 Regular OBC Meeting.
In preparing the Proclamation of Appreciation, the OTEC consulted with the Higher Education
Department and received their support in naming the "Trust Scholarship Fund" the "Susan White
Trust Scholarship Fund."
The OTEC would like to have a signed copy of the Proclamation of Appreciation framed and
placed on display in the Business Committee Conference Room. The OTEC would anange for
and pay for the framing.
Please contact me with any questions you may have regarding the proclamation.
A good mind. A good heart. A strong fire.
Public Packet
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # __________
Proclamation of Appreciation
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,
Susan White has served as the Trust Enrollment Director for the past 24 years; and
WHEREAS,
Susan White has always been known as a great team player, a strong project manager,
and especially for her extraordinary commitment to serving the Oneida Nation; and
WHEREAS,
Susan White has demonstrated the highest standards of professionalism, leadership,
excellence, and dedication as an employee of the Oneida Nation; and
WHEREAS,
Susan White has been instrumental in the nationwide initiative to break down the
stereotypes of Native Americans, women, and minorities, and
WHEREAS,
Susan White has been an advocate and educator of promoting and implementing a
sustainable and responsible investment (SRI) philosophy and has participated nationally
in coordinating shareholder activism for Indigenous peoples rights and well-being when
affected by corporations, and
WHEREAS,
Susan White has represented the Oneida Nation to stand strong with Oneida Nation
allies to advocate for termination of Native Mascots in professional sports, and
WHEREAS,
the Oneida Business Committee does wish to recognize Susan White’s distinguished
career with the Oneida Nation and supports the Oneida Trust Enrollment Committee’s
efforts to name the “Trust Scholarship Fund” the “Susan White Trust Scholarship Fund.”
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee does hereby express its sincere
appreciation to Susan White on behalf of the Oneida Nation, for her dedication, time, knowledge,
compassion, and diligence in serving the Oneida Nation.
NOW THEREFORE BE IT FURTHER RESOLVED, that the “Trust Scholarship Fund” will now be known
as the “Susan White Trust Scholarship Fund.”
Public Packet
35 of 579
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Proclamation of Appreciation
Summary
The resolution renames the “Trust Scholarship Fund” to the “Susan White Trust Scholarship
Fund.”
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: April 18, 2018
Analysis by the Legislative Reference Office
This resolution recognizes the Oneida Nation Trust Enrollment Director Susan White’s
distinguished career with the Oneida Nation and her dedication, time, knowledge, compassion,
and diligence in serving the Oneida Nation. This resolution also supports the Oneida Trust
Enrollment Committee’s efforts to rename the “Trust Scholarship Fund” to the “Susan White
Trust Scholarship Fund.”
The Trust Scholarship Fund Policy (“the Policy”) was adopted by the Oneida Business
Committee through resolution BC-03-21-01-C, and then amended by BC-06-21-06-Q and BC12-30-09-A. The primary purpose of the Oneida Trust Scholarship Fund is to establish a trust
resource for providing financial aid scholarships to assist eligible enrolled Oneida Tribal
members in securing higher educational opportunities based on established criteria. [9 O.C.
901.1-1]. The Policy references the name of the scholarship fund as the Oneida Trust
Scholarship Fund.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws. The Oneida
Business Committee may consider whether the Trust Scholarship Fund Policy should be
amended to reflect the name change from “Trust Scholarship Fund” to the “Susan White Trust
Scholarship Fund.” Any future amendments made to the Trust Scholarship Policy must be made
in accordance with the Legislative Procedures Act.
Page 1 of 1
Public Packet
36 of 579
Brent R. Truttmann
Cc:
Subject:
Attachments:
Brent R. Truttmann
Monday, April 09, 2018 10:35 AM
Dylan Benton (dylanbenton@live.com); Elaine (elskenandore@gmail.com)
(elskenandore@gmail.com); Norbert S. Hill; Debra L. Powless; Tracy L. Metoxen; Loretta
Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless
Robert J. Collins; Carole Liggins; Barbara Webster
E-POLL: Proclamation of Appreciation for Susan White
2018 04 09 RC Draft 2 Susan White Proclamation.docx
Importance:
High
From:
Sent:
To:
Good morning Trust Enrollment Committee,
Chairwoman Webster and Attorney Rob Collins have made some adjustments to the proposed proclamation. It now
needs official approval of the Trust Enrollment Committee. In order to expedite the process and to ensure this remains a
surprise to Susan, Chairwoman Webster is calling for an E-Poll for final approval of the proclamation. PLEASE REVIEW
THE ATTACHED PROCLAMATION AND CAST YOUR VOTE (APPROVE or REJECT) BY FRIDAY APRIL 13, 2018.
The goal is to place the Proclamation on the OBC Agenda for their meeting on April 25th. If you have any questions or
concerns, I am happy to help.
Have a good day everybody,
Brent Truttmann
Executive Assistant
Oneida Trust Enrollment Depm1ment
P.O. Box 365
Oneida, WI 54155
(920) 490-3930
From: Barbara Webster
Sent: Monday, April 02, 2018 9:57AM
To: Dylan Benton (dylanbenton@live.com); Elaine (elskenandore@qmail.com ) (elskenandore@gmail.com); Norbert S.
Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby W. Metoxen
·
Cc: Robert J. Collins; Brent R. Truttmann; Carole Liggins
Subject: OTEC draft Resolution
Good Morning OTEC,
As we are all aware, the Director of Trust and Enrollments is facing a medical challenge she will not be able to
overcome. As the Chairwoman of the OTEC, I asked Norb Hill Jr. to work on drafting a resolution to name the Oneida
Trust Scholarship in memoriam and a lasting tribute to Susan White. Thank you Norb and Rob for your work on this
draft. I have made a few edits to the resolution and attached for your review. I would like to place this resolution on
our next regular agenda for approval and support to forward to the Oneida Business Committee ..
During my short term on OTEC I have been impressed with the full participation and support of the entire committee on
the business at hand, and in addition, Susan has been a tremendous asset to helping me understand the functions and
purpose of OTEC. Prior to my role on OTEC, I worked with Susan in a public relations role on many of the initiatives she
1
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collaborated for the committee. The Mascot issue, and Sustain Oneida were two of the most prominent that I
recall . There are more, but these two stand out the most in my opinion.
Please review this draft, feel free to contribute to the final version and I hope you will all support my request to pass this
resolution on to the OBC at our next meeting.
Brent: Could Y-QU_pleas.e_coordinate_editsJnto_tbe draft-for review_b_y_tbe_committee at the next meeting?_
Yawe, have a great week.
Bobbi Webster, Public Relations Director
Office of Intergovernmental Affairs and Communications
~
OOODDD
ONEIDA
A good mi nd. A good heari. A slro!"'g fire.
office 920.869.4270
cell 920.8 I 9-8357
fax 920.869.4040
PO Box 365
Oneida, WI 54 I 55-0365
Oneida-nsn.gov
2
Public Packet
38 of 579
Brent R. Truttmann
Norbert S. Hill
Monday, April 09, 2018 10:38 AM
Brent R. Truttmann
Re: E-POLL: Proclamation of Appreciation for Susan White
From:
Sent:
To:
Subject:
Approve.
Norbert Hill
Sent from my iPad
On Apr 9, 2018, at 10:35 AM, Brent R. Truttmann <btruttm2@oneidanation.org> wrote:
Good morning Trust Enrollment Committee,
Chairwoman Webster and Attorney Rob Collins have made some adjustments to the proposed
proclamation. It now needs official approval of the Trust Enrollment Committee. In order to expedite the
process and to ensure this remains a surprise to Susan, Chairwoman Webster is calling for an E-Poll for
final approval of the proclamation. PLEASE REVIEW THE ATIACHED PROCLAMATION AND CAST YOUR
VOTE {APPROVE or REJECT) BY FRIDAY APRIL 13, 2018.
The goal is to place the Proclamation on the OBC Agenda for their meeting on April 25th. If you have any
questions or concerns, I am happy to help.
Have a good day everybody,
Brent Truttmann
Executive Assistant
Oneida Trust Enrollment Depa1i ment
P.O. Box 365
Oneida, WI 54155
(920) 490-3930
From: Barbara Webster
Sent: Monday, April 02, 2018 9:57AM
To: Dylan Benton (dylanbenton@live.com); Elaine (elskenandore@gmail.com )
(elskenandore@gmail.com); Norbert S. Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby
W. Metoxen
Cc: Robert J. Collins; Brent R. Truttmann; Carole Liggins
Subject: OTEC draft Resolution
Good Morning OTEC,
As we are all aware, the Director of Trust and Enrollments is facing a medical challenge she will not be
able to overcome. As the Chairwoman of the OTEC, I asked Norb Hill Jr. to work on drafting a resolution
to name the Oneida Trust Scholarship in memoriam and a lasting tribute to Susan White. Thank you
Norb and Rob for your work on this draft. I have made a few edits to the resolution and attached for
1
Public Packet
39 of 579
Brent R. Truttmann
From:
Sent:
To:
Cc:
Subject:
Loretta Metoxen
Tuesday, April 10, 2018 10:15 AM
Brent R. Truttmann; Dylan Benton (dylanbenton@live.com); Elaine
(elskenandore@gmail.com) (elskenandore@gmail.com); Norbert S. Hill; Debra L.
Powless; Tracy L. Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless
Robert J. Collins; Carole Liggins; Barbara Webster
RE: E-POLL: Proclamation of Appreciation for Susan White
Approved!!!!
Loretta V. Metoxen - Oneida Tribal Historian
Oneida Cutlural Heritage/Oneida History Department
"
mKJDOD;
ONEIDA
A good mind. A good heart. A slro!"'g fire.
Office: 920-490-3929
General: 1-800-236-2214
P.O. Box 365, Oneida, WI 54155
"A Story Worth Telling ... "
Confidential Disclaimer: *The information contained in this e-mail is confidential and privileged. If you are not the intended
recipient, please be advised that any unauthorized use, copying, or dissemination of this information is prohibited. Please destroy this email and immediately notify me of the erroneous transmission.
From: Brent R. Truttmann
Sent: Monday, April 09, 201810:35 AM
To: Dylan Benton (dylanbenton@live.com); Elaine (elskenandore@qmail.com) (elskenandore@qmail.com); Norbert S.
Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless
Cc: Robert J. Collins; Carole Liggins; Barbara Webster
Subject: E-POLL: Proclamation of Appreciation for Susan White
Importance: High
Good morning Trust Enrollment Committee,
Chairwoman Webster and Attorney Rob Collins have made some adjustments to the proposed proclamation. It now
needs official approval of the Trust Enrollment Committee . In order to expedite the process and to ensure this remains a
surprise to Susan, Chairwoman Webster is calling for an E-Poll for final approval of the proclamation. PLEASE REVIEW
THE ATTACHED PROCLAMATION AND CAST YOUR VOTE {APPROVE or REJECT) BY FRIDAY APRIL13, 2018.
The goal is to place the Proclamation on the OBC Agenda for their meeting on April 25th. If you have any questions or
concerns, I am happy to help.
Have a good day everybody,
1
Public Packet
40 of 579
Brent R. Truttmann
From:
Sent:
To:
Cc:
Subject:
Elaine <elskenandore@gmail.com >
Tuesday, April 10, 2018 6:24 PM
Loretta Metoxen
Brent R. Truttmann; Dylan Benton (dylanbenton@live.com); Norbert S. Hill; Debra L.
Powless; Tracy L. Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless; Robert J.
Collins; Carole Liggins; Barbara Webster
Re: E- POLL: Proclamation of Appreciation for Susan White
Approve .
Sent from my iPad
On Apr 10, 2018, at 10:15 AM, Loretta Metoxen <lmetoxe1@oneidanation.org> wrote :
Approved!!!!
Loretta V. Metoxen - Oneida Tribal Historian
Oneida Cutlural Heritage/Oneida History Department
<image002. png>
Office: 920-490-3929
General: 1-800-236-2214
P.O . Box 365, Oneida, WI 54155
"A Story Worth Telling ... "
Confidential Disclaimer: *The information contained in this e-mail is confidential and privileged. lfyou are not
the intended recipient, please be advised that any unauthorized use, copying, or dissemination of this information is
prohibited. Please destroy this e-mail and immediately notify me of the erroneous transmission.
From: Brent R. Truttmann
Sent: Monday, April 09, 2018 10:35 AM
To: Dylan Benton (dylanbenton@live.com); Elaine (elskenandore@qmail.com)
(elskenandore@qmail.com); Norbert S. Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby
W. Metoxen; Tracy Metoxen; Debra Powless
Cc: Robert J. Collins; Carole Liggins; Barbara Webster
Subject: E-POLL: Proclamation of Appreciation for Susan White
Importance: High
Good morning Trust Enrollment Committee,
Chairwoman Webster and Attorney Rob Collins have made some adjustments to the proposed
proclamation . It now needs official approval of the Trust Enrollment Committee . In order to expedite the
process and to ensure this remains a surprise to Susan, Chairwoman Webster is calling for an E-Poll for
final approval of the proclamation . PLEASE REVIEW THE ATIACHED PROCLAMATION AND CAST YOUR
VOTE {APPROVE or REJECT) BY FRIDAY APRIL 13, 2018.
1
Public Packet
41 of 579
Brent R. Truttmann
From:
Sent:
To:
Cc:
Subject:
Tracy L. Metoxen
Wednesday, Aprilll, 2018 1:47 PM
Brent R. Truttmann; Dylan Benton (dylanbenton@live.com); Elaine
(elskenandore@gmail.com) (elskenandore@gmail.com); Norbert S. Hill; Debra L.
Powless; Loretta Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless
Robert J. Collins; Carole Liggins; Barbara Webster
Re: E-POLL: Proclamation of Appreciation for Susan White
Approve
From: Brent R. Truttmann
Sent: Monday, April9, 2018 10:35:17 AM
To: Dylan Benton (dylanbenton@ live.com ); Elaine (elskenandore@gmail.com ) (elskenandore@gmail.com ); Norbert S.
Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless
Cc: Robert J. Collins; Carole Liggins; Barbara Webster
Subject: E-POLL: Proclamation of Appreciation for Susan White
Good morning Trust Enrollment Committee,
Chairwoman Webster and Attorney Rob Collins have made some adjustments to the proposed proclamation. It now
needs official approval ofthe Trust Enrollment Committee. In order to expedite the process and to ensure this remains a
surprise to Susan, Chairwoman Webster is calling for an E-Poll for final approval of the proclamation . PLEASE REVIEW
THE ATTACHED PROCLAMATION AND CAST YOUR VOTE (APPROVE or REJECT) BY FRIDAY APRIL 13, 2018.
The goal is to place the Proclamation on the OBC Agenda for their meeting on April 25th. If you have any questions or
concerns, I am happy to help.
Have a good day everybody,
Brent Truttmann
Executive Assistant
Oneida Trust Enrollment Department
P.O. Box 365
Oneida, WI 54155
(920) 490-3930
From: Barbara Webster
Sent: Monday, April 02, 2018 9:57AM
To: Dylan Benton (dylanbenton@live.com); Elaine (elskenandore@gmail.com) (elskenandore@gmail.com); Norbert S.
Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby W. Metoxen
Cc: Robert J. Collins; Brent R. Truttmann; Carole Liggins
Subject: OTEC draft Resolution
Good Morning OTEC,
As we are all aware, the Director of Trust and Enrollments is facing a medical challenge she will not be able to
overcome. As the Chairwoman of the OTEC, I asked Norb Hill Jr. to work on drafting a resolution to name the Oneida
Trust Scholarship in memoriam and a lasting tribute to Susan White . Thank you Norb and Rob for your work on this
1
Public Packet
42 of 579
Brent R. Truttmann
From:
Sent:
To:
Cc:
Subject:
Dylan Benton <dylanbenton@live.com >
Wednesday, Aprilll, 2018 5:09 PM
Brent R. Truttmann; Elaine (elskenandore@gmail.com) (elskenandore@gmail.com);
Norbert S. Hill; Debra L. Powless; Loretta Metoxen; Kirby W. Metoxen; Tracy Metoxen;
Debra Powless; Tracy L. Metoxen
Robert J. Collins; Carole Liggins; Barbara Webster
Re: E-POLL: Proclamation of Appreciation for Susan White
Approve
Get Outlook for Android
From: Tracy L. Metoxen <tmetoxe2@oneidanation .org>
Sent: Wednesday, April11, 2018 1:47:26 PM
To: Brent R. Truttmann; Dylan Benton (dylanbenton@live.com ); Elaine (elskenandore@gmail.com )
(elskenandore@gmail.com ); Norbert S. Hill; Debra L. Powless; Loretta Metoxen; Kirby W. Metoxen; Tracy Metoxen;
Debra Powless
Cc: Robert J. Collins; Carole Liggins; Barbara Webster
Subject: Re : E-POLL: Proclamation of Appreciation for Susan White
Approve
From: Brent R. Truttmann
Sent: Monday, April9, 2018 10:35:17 AM
To: Dylan Benton (dylanbenton@live .com ); Elaine (elskenandore@gmail.com ) (elskenandore@gmail.com ); Norbert S.
Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless
Cc: Robert J. Collins; Carole Liggins; Barbara Webster
Subject: E-POLL: Proclamation of Appreciation for Susan White
Good morning Trust Enrollment Committee,
Chairwoman Webster and Attorney Rob Collins have made some adjustments to the proposed proclamation . It now
needs official approval of the Trust Enrollment Committee . In order to expedite the process and to ensure this remains a
surprise to Susan, Chairwoman Webster is calling for an E-Poll for final approval of the proclamation. PLEASE REVIEW
THE ATTACHED PROCLAMATION AND CAST YOUR VOTE {APPROVE or REJECT) BY FRIDAY APRIL 13, 2018.
The goal is to place the Proclamation on the OBC Agenda for their meeting on April 25th. If you have any questions or
concerns, I am happy to help.
Have a good day everybody,
Brent Truttmmm
Executive Assistant
Oneida Trust Enrollment Depa1tment
P.O. Box 365
Oneida, WI 54155
(920) 490-3930
1
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43 of 579
Brent R. Truttmann
From:
Sent:
To:
Cc:
Subject:
Kirby W. Metoxen
Friday, April 13, 2018 7:20 PM
Brent R. Truttmann
Rosa J. Laster
RE: E-POLL: Proclamation of Appreciation for Susan White
Support
Get Outlook for Android
From: Brent R. Truttmann
Sent: Friday, April13, 2018 9:41:58 AM
To: Kirby W. Metoxen
Cc: Rosa J. Laster
Subject: RE: E-POLL: Proclamation of Appreciation for Susan White
Good morning Kirby,
The E-Poll for the Proclamation of Appreciation to Susan ends today. Have you reviewed the attached Proclamation? If
so, could you cast your vote as APPROVED or REJECT?
Thank you!
Brent Truttmann
Executive Assistant
Oneida Trust Enrolhnent Depmtment
P.O. Box 365
Oneida, W1 54155
(920) 490-3930
From: Brent R. Truttmann
Sent: Monday, April 09, 2018 10:35 AM
To: Dylan Benton (dylanbenton@live.com); Elaine (elskenandore@gmail.com) (elskenandore@gmail.com); Norbert S.
Hill; Debra L. Powless; Tracy L. Metoxen; Loretta Metoxen; Kirby W. Metoxen; Tracy Metoxen; Debra Powless
Cc: Robert J. Collins; Carole Liggins; Barbara Webster
Subject: E-POLL: Proclamation of Appreciation for Susan White
Importance: High
Good morning Trust Enrollment Committee,
Chairwoman Webster and Attorney Rob Collins have made some adjustments to the proposed proclamation. It now
needs official approval ofthe Trust Enrollment Committee . In order to expedite the process and to ensure this remains a
surprise to Susan, Chairwoman Webster is calling for an E-Poll for final approval of the proclamation. PLEASE REVIEW
THE ATTACHED PROCLAMATION AND CAST YOUR VOTE (APPROVE or REJECT) BY FRIDAY APRIL 13, 2018.
1
Public Packet
44 of 579
Brent R. Truttmann
From:
Sent:
To:
Subject:
Debra L. Powless
Thursday, April12, 2018 2:37 PM
Brent R. Truttmann
RE: 4 1118 Question - E-POLL: Proclamation of Appreciation for Susan White
Yes.
From: Brent R. Truttmann
Sent: Thursday, April12, 2018 8:11AM
To: Debra L. Powless
Subject: RE: 4 11 18 Question - E-POLL: Proclamation of Appreciation for Susan White
Shall I mark you as "approved" for the E-Poll?
From: Debra L. Powless
Sent: Wednesday, April 11, 2018 3:30PM
To: Brent R. Truttmann
Subject: 4 11 18 Question - E-POLL: Proclamation of Appreciation for Susan White
Thanks OK I'm good with that. Debra .
From: Brent R. Truttmann
Sent: Wednesday, April11, 2018 3:23 PM
To: Debra L. Powless
Subject: RE: 4 11 18 Question - E-POLL: Proclamation of Appreciation for Susan White
Hi Deb,
The proclamation of appreciation is intended for the supplemental smaller scholarship, currently titled Oneida Trust
Scholarship Fund (Policy attached, see section ). It is intended for, as you mentioned, incidental things for higher ed like
LSATs, GRE's, or pre-requisite classes.
Trust Enrollment's has nothing to do with the educational funds approved by GTC.
Let me know if I can help with anything else,
Brent Truttmann
Executive Assistant
Oneida Trust Enrollment Department
P.O. Box 365
Oneida, WI 54155
(920) 490-3930
From: Debra L. Powless
Sent: Wednesday, April 11, 2018 2:50PM
To: Brent R. Truttmann
Subject: 4 11 18 Question - E-POLL: Proclamation of Appreciation for Susan White
1
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45 of 579
Brent R. Truttmann
From:
Sent:
Cc:
Subject:
Jennifer D. Hill Kelley
Tuesday, April17, 2018 1:33 PM
Brent R. Truttmann
Lois J. Domencich; Bonnie M. Pigman; Robert J. Collins
RE: Requested Edits to the Trust Scholarship Policy
Sensitivity:
Confidential
Follow Up Flag:
Flag Status:
Follow up
Flagged
To:
Hi Brent,
The Education and Training Area has reviewed the proposed resolution regarding the name change of the Trust
Scholarship and supports the change to the Susan White Trust Scholarship Fund.
Please let me know how else we can support this Proclamation.
YawAko (Thank you),
Jennifer
Jennifer Hill-Kelley
Area Manager, Education & Training
Oneida Nation of Wisconsin
P.O. Box 365
Oneida, WI 54155
920.869.4037 office
920-639 -7185 cell
jhillkel@oneidanation.org
"
ONEIDA
~
A good mind. A good heart. A strong fire.
From: Brent R. Truttmann
Sent: Tuesday, April 17, 2018 10:08 AM
To: Jennifer D. Hill Kelley
Cc: Lois J. Domencich; Bonnie M. Pigman; Robert J. Collins
Subject: RE: Requested Edits to the Trust Scholarship Policy
Sensitivity: Confidential
Good morning Jennifer,
I am preparing a "Proclamation of Appreciation" resolution that recognizes the name change of the "Trust Scholarship
Fund" to "Susan White Trust Scholarship Fund" (see attached). I believe Attorny Rob Collins spoke with you in person
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
4
/ 25 / 18
2. General Information:
Session:
Open
Executive - See instructions for the applicable laws, then choose one:
Resolution for Older Americans Month May, 2018
Agenda Header:
Resolutions
Accept as Information only
Action - please describe:
Approve resolution for Older Americans Month in May, 2018
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Resolution
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
George Skenandore, Division Director/GSD
Primary Requestor/Submitter:
Elijah G. Metoxen, Elder Services Program Manager
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
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47 of 579
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Older Americans Month 2018: Engage at Every Age
Getting older doesn’t mean what it used to. For many aging Americans, it is a phase of life where interests, goals,
and dreams can get a new or second start. Today, aging is about eliminating outdated perceptions and living the
way that suits you best.
Since 1963, OAM has been a time to celebrate older Americans, their stories, and their contributions. Led by the
Administration for Community Living (ACL), the annual observance offers a special opportunity to learn about,
support, and recognize our nation’s older citizens. This year’s theme, "Engage at Every Age" emphasizes that you
are never too old (or too young) to take part in activities that can enrich your physical, mental and emotional
well-being and celebrates the many ways older adults make a difference in our communities.
Oneida Elder Services will use OAM 2018 to focus on how older adults in our community are redefining aging—
through work or family interests, by taking charge of their health and staying independent for as long as
possible, and through their community and advocacy efforts. We can also use this opportunity to learn how we
can best support and learn from our community’s older members.
Throughout the month, Elder Services will conduct activities and share information designed to highlight local
programs, resources, stories, etc. We encourage you to get involved with the activities which are all held at the
Congregate Meal Site and listed below:
1st, 1:15p-Oneida Hymnal Singers
3rd, 10:00a-Hand Reflexology & Essential Oils
11th, 12:00p-Snapchat-Youth from Oneida High School teaching elders snap chat
18th, 1:00p-Elder Dance-DJ Jammin Joey Ninham
22nd, 10:00a-Old Photos w/ Loretta Metoxen
29th, 11:00a-Take an Elder to lunch date
31st,10:00a-Story Telling w/ Brian Doxtator
Here is the link for more information on Older Americans Month https://oam.acl.gov/index.html
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # __________
Older Americans Month 2018
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 Nation Constitution by the Oneida General Tribal Council; and
WHEREAS,
The Oneida community includes older Americans who richly contribute to our community;
and
WHEREAS,
The Oneida Nation is committed to supporting Oneida Elders as they take charge of their
health, explore new opportunities and focus on independence; and
WHEREAS,
The Oneida Nation is committed to providing enrichment opportunities for Oneida people
of all ages; and
NOW THEREFORE BE IT RESOLVED, “That the Oneida Nation does hereby proclaim May 2018 to be
older Americans month.”
BE IT FINALLY RESOLVED, “That all Oneida Nation members are encouraged to take time during this
month to acknowledge the ongoing contributions made by Oneida elders to the history and future of the
Oneida Nation.”
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
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2. General Information:
Session:
~ Open
AgendaHeader:
D Executive- See instructions for the applicable laws, then choose one:
LjR_e_so_l_ut_io_n_s______________________________________________________~
D Accept as Information only
lg] Action - please describe:
Motion to approve resolution
3. Supporting Materials
D Report
D Contract
lg] Resolution
D Other:
.---------------------------------.
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3.
2.
4.
D Business Committee signature required
4. Budget Information
D Budgeted- Tribal Contribution
D Budgeted -Grant Funded
D Unbudgeted
5. Submission
AuthorlzedSponsor/Liaison:
LIN_a_th_a_n_K_i_ng~,_D_i_re_c_to_r_AG__A_C__________________________________~
Primary Requestor/Submitter:
Your Name, Title I Dept. or Tribal Member
Additional Requestor:
Name, Title I Dept.
Additional Requestor:
Name, Title I Dept.
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # __________
Contribution to the Experience Greater Green Bay
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 adopted the Room Tax law to collect a transient room
tax at all hotel facilities with the Oneida Reservation for the purposes of promoting
tourism; and
WHEREAS,
the Room Tax revenues are committed through resolution # BC-03-24-99-C regarding
allocation for the support of the Tourism and Promotions Department, and through
adoption of a Room Tax Funding Agreement adopted at the August 22, 2012, Oneida
Business Committee meeting: and
WHEREAS,
the Room Tax revenues have been utilized to fund tourism and supporting the Green Bay
Convention and Visitors Bureau since adoption of resolution in 1999 and the funding
agreement in 2012 with excess funds from room tax collection being placed in the Hotel
Tax Fund; and
WHEREAS,
the Green Bay Convention and Visitors Bureau is developing and constructing a new
Visitor’s Center and has requested participation by the Oneida Nation; and
WHEREAS,
the new Visitor’s Center will have a prominent display and interactive areas that will allow
the Oneida Nation to promote its tourism and business activities; and
WHEREAS,
our relationship with the Green Bay Convention and Visitors Bureau has been a positive
partnership promoting the Oneida Nation and its subsidiaries; and
WHEREAS,
the Oneida Business Committee desires to continue to support this relationship and
participate in the opportunity to promote the Oneida Nation at the new Visitors Center in
the future through building branding opportunities, display and information space
allocations, and opportunities to utilize space for promotional activities; and
NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee authorizes the allocation of
$1.5 million from the Hotel Tax Fund to be utilized for the purposes of funding the new Green Bay
Convention and Visitors Bureau Visitors Center.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
000000
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
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Oneida Business Committee
() ( \ ·
David P. Jordan, LOC Chairperson .
~ ?_JY~
April 20, 2018
Military Service Employee Protection Act Emergency Amendments
Please find the following attached backup documentation for your consideration of the Military
Service Employee Protection Act Emergency Amendments:
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2.
3.
4.
5.
Resolution: Military Service Employee Protection Act Emergency Amendments
Statement of Effect: Military Service Employee Protection Act Emergency Amendments
Military Service Employee Protection Act Emergency Amendments Legislative Analysis
Military Service Employee Protection Act (Redline)
Military Service Employee Protection Act (Clean)
Overview
Emergency amendments to the Military Service Employee Protection Act (the "Law") are
requested in order to address the dissolution of the Personnel Commission through resolution
BC-04-11-18-A for the purpose of consolidating employment related grievance hearings into the
Judiciary- Trial Comi.
The Oneida Business Committee can temporarily enact legislation when necessary for the
immediate preservation of the public health, safety or general welfare of the Reservation
population and when the amendment of legislation is required sooner than would be possible
under the Legislative Procedures Act. A fiscal impact statement and public meeting are not
required for emergency legislation. [I 0. C. I 09.9-5].
The emergency amendments to this Law are necessary for the preservation of the general welfare
of the reservation population, in an effort to ensure that employees of the Nation have due
process rights in the absence of the Personnel Commission. Additionally, observance of the
adoption requirements under the Legislative Procedures Act for adoption of this amendment
would be contrary to public interest.
The emergency amendments to the Law will become effective immediately upon adoption by the
Oneida Business Committee, and will remain effective for six (6) months, with the possibility to
extend for an additional six (6) months, or until the emergency amendments expire or are
permanently adopted. [I 0. C. I 09.9-S(b)}.
Requested Action
Approve the Resolution: Military Service Employee Protection Act Emergency Amendments.
Page 1 of 1
A good mind. A good heart. A strong fi re.
Public Packet
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # __________
Military Service Employee Protection Act Emergency Amendments
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Military Service Employee Protection Act (“the Law”) was adopted by the Oneida
Business Committee through resolution BC-10-24-07-E; and
WHEREAS,
the Law intends to minimize the disruption to the lives of employees of the Nation serving
in the military as well as to the Nation by providing for the prompt reemployment of such
persons upon completion of such service, and prohibits discrimination against people
because they serve in the military; and
WHEREAS,
the Law currently contains references to the Personnel Commission’s employee
grievance and disciplinary action hearing authority in regards to enforcement of
employment or reemployment rights; and
WHEREAS,
the Oneida Business Committee dissolved the Personnel Commission on April 11, 2018,
through resolution BC-04-11-18-A in an effort to consolidate employment related
grievance hearings into the Judiciary to increase consistency in hearing processes,
efficiency, and reduce overall costs to the Oneida Nation; and
WHEREAS,
resolution BC-04-11-18-A requires the Legislative Operating Committee to develop and
present emergency legislative amendments to fully address the impact of this resolution
by the April 25, 2018, Oneida Business Committee meeting; and
WHEREAS,
resolution BC-04-11-18-A states that emergency action to amend legislation to change
references to the Personnel Commission to reflect either the Judiciary – Trial Court or the
new Personnel Selection Committee is needed to contain expenditures which may go
over budget, to provide standards in hearing processes, and provides clear judicial
hearing authority; and
WHEREAS,
the emergency amendments to the Law replace any reference to the Personnel
Commission with a reference to the Trial Court, and provides a definition for Trial Court;
and
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BC Resolution # __________
Military Service Employee Protection Act Emergency Amendments
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WHEREAS,
the Legislative Procedures Act authorizes the Oneida Business Committee to enact
legislation on an emergency basis, to be in effect for a period of six (6) months,
renewable for an additional six (6) months; and
WHEREAS,
the emergency adoption of these amendments to the Law are necessary for the
preservation of the public health, safety, or general welfare of the reservation population
in order to ensure that the general welfare and due process rights of employees of the
Nation are preserved in absence of the Personnel Commission; and
WHEREAS,
observance of the adoption requirements under the Legislative Procedures Act for
adoption of this amendment would be contrary to public interest; and
WHEREAS,
the Legislative Procedures Act does not require a public meeting or fiscal impact
statement when considering emergency legislation.
NOW THEREFORE BE IT RESOLVED, that the emergency amendments to the Military Service
Employee Protection Act are hereby adopted on an emergency basis and shall become effective
immediately.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Military Service Employee Protection Act Emergency Amendments
Summary
This Resolution adopts emergency amendments to the Military Service Employee Protection Act
which would replace any reference to the Personnel Commission with a reference to the Trial
Court, and provides a definition for Trial Court.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: April 20, 2018
Analysis by the Legislative Reference Office
This resolution adopts emergency amendments to the Military Service Employee Protection Act
(“the Law”). The Law was adopted by the Oneida Business Committee on October 24, 2007,
through resolution BC-10-24-17-E. The Law intends to minimize the disruption to the lives of
employees of the Nation serving in the military as well as to the Nation by providing for the
prompt reemployment of such persons upon completion of such service, and prohibits
discrimination against people because they serve in the military.
Currently, the Law contains references to the Personnel Commission’s employee grievance and
disciplinary action hearing authority in regards to enforcement of employment or reemployment
rights.
On April 11, 2018, the Oneida Business Committee dissolved the Personnel Commission
through resolution BC-04-11-18-A for the purpose of consolidating employment related
grievance hearings into the Judiciary in an effort to increase consistency in hearing processes,
efficiency, and reduce overall costs to the Oneida Nation. The Oneida Business Committee felt it
was now appropriate to begin consolidating employment related grievance hearings into the
Judiciary as the number of current cases in the Personnel Commission was low and the costs of
maintaining judicial hearing authorities continues to increase.
Oneida Business Committee resolution BC-04-11-18-A also requires that the Legislative
Operating Committee develop and present emergency legislative amendments to fully address
the impact of this resolution to the next Oneida Business Committee meeting. This resolution
states that emergency action to amend legislation to change references to the Personnel
Commission to reflect either the Judiciary – Trial Court or the new Personnel Selection
Committee is needed to contain expenditures which may go over budget, to provide standards in
hearing processes, and provides clear judicial hearing authority.
The emergency amendments to the Law replace any reference to the Personnel Commission with
a reference to the Trial Court, and also provide a definition for Trial Court.
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The Legislative Procedures Act (LPA) allows the Oneida Business Committee to take emergency
action where it is “necessary for the immediate preservation of the public health, safety or
general welfare of the reservation population” and when “enactment or amendment of legislation
is required sooner than would be possible under the Legislative Procedures Act.” [1 O.C. 109.95].
The emergency amendments to this Policy are necessary for the preservation of the public health,
safety, or general welfare of the reservation population in order to ensure that the general welfare
and due process rights of employees of the Nation are preserved in the absence of the Personnel
Commission. Additionally, observance of the adoption requirements under the LPA for adoption
of this amendment would be contrary to public interest. Through the resolution BC-04-11-18-A,
the Oneida Business Committee has issued a finding of an emergency and has stated the
necessity for approving emergency amendments to this Policy.
The emergency amendments to the Military Service Employee Protection Act will take effect
immediately upon adoption by the Oneida Business Committee. The emergency amendments
will remain effective for six (6) months, with the possibility to extend for an additional six (6)
months, or until the emergency amendments expire or are permanently adopted. [1 O.C. 109.95(b)].
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
Page 2 of 2
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Analysis to redline Draft #1 for OBC Emergency Adoption
2018 04 20
Emergency Amendments to
Military Service Employee Protection Act
Legislative Analysis
SECTION 1. BACKGROUND
REQUESTER:
OBC
Intent of the
Amendments
Purpose
Affected Entities
Affected
Legislation
Enforcement/Due
Process
Public Meeting
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SPONSOR:
DRAFTER:
ANALYST:
David Jordan
Clorissa Santiago
Brandon Wisneski
The intent of the amendments is to transfer the Personnel Commission’s
responsibilities under this law to the Oneida Judiciary Trial Court.
The purpose of the Military Service Employee Protection Act is to minimize
disruption of the lives of Tribal employees serving in the military, to provide for
prompt reemployment of these individuals upon completion of their service, and
to prevent discrimination against people who serve in the military [see Military
Service Employee Protection Act, 2 O.C. 213.1-1].
Oneida Judiciary, Oneida Human Resources Department, Oneida Personnel
Commission, all Oneida Nation employees who serve in the military.
Military Service Employee Protection Act.
Individuals denied employment or reemployment under this law may file a
complaint with their area manager and appeal the area manager’s decision to the
Trial Court [see Military Service Employee Protection Act, 2 O.C. 213.11]
A public hearing is not required for emergency legislation.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. On April 11, 2018, the Oneida Business Committee dissolved the Oneida Personnel Commission and
directed that the Commission’s hearing authority be transferred to the Oneida Judiciary. The OBC
directed the LOC to draft emergency amendments to address the impact of this resolution and placed
the commission’s pending cases on hold until emergency amendments are adopted [see BC
Resolution 04-11-18-A]. On the same day, the Oneida Business Committee created the Personnel
Selection Committee to assume the Personnel Commission’s responsibilities related to job screening
and interviews. [see BC Resolution 04-11-18-B].
B. References to the Personnel Commission appear in several of the Nation’s laws. Now that the
Personnel Commission is dissolved, amendments are necessary to transfer the Personnel
Commission’s responsibilities to the Oneida Judiciary or to the newly created Personnel Selection
Committee.
C. These emergency amendments ensure that the Nation’s employees who serve in the military will
continue to have an avenue to appeal their cases under this law.
SECTION 3. CONSULTATION
A. The Judiciary Law, Personnel Policies and Procedures, Employee Protection Policy, and Military
Service Employee Protection Act were reviewed in drafting this analysis.
B. Personnel Commission staff were consulted regarding the number of pending cases and filing fees.
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SECTION 4. PROCESS
A. This amendment is being considered on an emergency basis. The Oneida Business Committee may
temporarily enact an emergency law where legislation is necessary for the immediate preservation of
public health, safety, or general welfare of the reservation population and enactment or amendment of
legislation is required sooner than would be possible under this law [see Legislative Procedures Act,
1 O.C. 109.9-5].
B. Through resolution BC-04-11-18-A, the OBC has issued a finding of an emergency and has stated the
necessity for approving emergency amendments to this law. Emergency amendments to this law are
necessary for the preservation of the general welfare of the reservation population, in an effort to
ensure that employees of the Nation have due process rights in the absence of the Personnel
Commission.
C. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when
considering emergency legislation; however they will be required when considering permanent
adoption of this amendment. Emergency amendments expire six (6) months after adoption and may
be renewed for one additional six (6) month period.
D. This law was originally added to the Active Files List on 12/20/2017 and reclassified as emergency
amendments on 4/18/2018.
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SECTION 6. EFFECT ON EXISTING LEGISLATION
A. Removal of Personnel Commission from Appeals Process. The appeals process in this law has been
revised to remove references to the Oneida Personnel Commission and replace them with the Trial
Court:
i. Definitions. A definition for “Trial Court” has been added. [see Military Service Employee
Protection Act, 2 O.C. 213.3(j)].
ii. If the area manager does not resolve a complaint within ten (10) working days, an individual
may now take their complaint to the Trial Court, rather than the Personnel Commission [see
Military Service Employee Protection Act, 2 O.C. 213.11-5].
iii. If an employee appeals the area manager’s decision under this law, the appeal must now be filed
with the Trial Court instead of the Personnel Commission [see Military Service Employee
Protection Act, 2 O.C. 213.11-6].
iv. The Trial Court, rather than the Personnel Commission, must notify the Human Resources
Department within one (1) business day when an employee files an appeal [see Military Service
Employee Protection Act, 2 O.C. 213.11-6].
v. The Trial Court, rather than the Personnel Commission, may award relief by requiring the
Nation to comply with the provisions of this law or by requiring the Nation to compensate for
any back pay or loss of benefits [see Military Service Employee Protection Act, 2 O.C. 213.117].
A. As a result of the dissolution of the Personnel Commission and creation of the Personnel Selection
Committee, the following laws must also be amended to remove references to the Personnel
Commission:
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i. Oneida Personnel Policies and Procedures
ii. Oneida Employee Protection Policy
iii. Oneida Judiciary Rules of Civil Procedure
SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR
OBLIGATIONS
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A. Pending Cases. Five cases are currently pending before the Personnel Commission. These cases
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have been placed on hold until amendments to this and related laws have been adopted. Any
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timelines associated with these cases have also been placed on hold. At the time this analysis was
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Protection Act. Upon adoption, these pending cases and all future cases will be transferred to the
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Oneida Judiciary Trial Court. The Business Committee’s resolution indicates that the Judiciary has
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been notified and is prepared to accept these responsibilities [see BC Resolution 04-11-18-A].
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B. Trial Court Filing Fees. The Personnel Commission did not charge filing fees for their services. The
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Trial Court, however, charges a $50 filing fee for general civil cases. Therefore, individuals may now
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be required to pay filing fees in order to have their cases heard under this law.
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i. Fee Waiver. If individuals are unable to pay the filing fee, they may request a fee waiver from
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the court for the following reasons: Unemployed, Health/Medical, Indigent (below poverty
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level), or “other reasons.”
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Title 2. Employment – Chapter 213
MILITARY SERVICE EMPLOYEE PROTECTION ACT
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213-1. Purpose and Policy
213-2. Adoption, Amendment, Repeal
213-3. Definitions
213-4. Character of Service
213-5. Discrimination Against Persons Who Serve in the Military
Prohibited
213-6. Reemployment Rights of Persons who Serve in the Military
213-7. Reemployment Positions
213-8. Benefits of Persons Absent from Employment for Military
Service
213-9. Health Plans
213-10. Retirement Plans
213-11. Enforcement of Employment or Reemployment Rights
213.1.
Purpose and Policy
213.1-1. Purpose. The purposes of this law are:
(a) to minimize the disruption to the lives of Tribal employees serving in the military as
well as to the Tribe by providing for the prompt reemployment of such persons upon
completion of such service; and
(b) to prohibit discrimination against people because they serve in the military.
213.1-2. Policy. It is the policy of the Oneida Tribe to reemploy persons who return from
military service in the same position, or a substantially similar position, of employment the
person held prior to leaving for military service.
213.2.
Adoption, Amendment, Repeal
213.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-24-07E and emergency amended by BC-__-__-__-__.
213.2-2. This law may be amended pursuant to the procedures set out in the Oneida
Administrative Procedures Act by the Oneida Business Committee or the Oneida General Tribal
Council.
213.2-3. Should a provision of this law or the application thereof to any person or
circumstances be held as invalid, such invalidity shall not affect other provisions of this law
which are considered to have legal force without the invalid portions.
213.2-4. Any law, policy, regulation, rule, resolution, or motion, or portion thereof, which
directly conflicts with the provisions of this law is hereby repealed to the extent that it is
inconsistent with or is contrary to this law.
213.2-5. This law is adopted under authority of the Constitution of the Oneida Tribe of Indians
of Wisconsin.
213.3. Definitions
213.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) AArea Manager@ means the supervisor of the supervisor of an employee who is
protected under this law, or, in other words, two levels of supervision in the chain of
command above the protected employee, or an individual designated to be the Area
Manager by the Division Director (or, in divisions where there is no director, the General
Manager) and approved by the Human Resources Department Manager (or designee).
(b) ABenefit@ means any advantage, profit, privilege, gain, or interest (other than wages or
salary) that accrues by reason of an employment agreement or an employer policy, plan, or
practice and includes rights and benefits under a retirement plan, a health plan, insurance
2 O.C 213- Page 1
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coverage, incentives, unemployment benefits, vacations, and the opportunity to select work
hours or location of employment.
(c) AEmployee@ means any person employed by the Oneida Tribe.
(d) AHealth plan@ means an insurance policy or contract or other arrangement under which
health services for individuals are provided or the expenses of such services are paid.
(e) AMilitary@ means the Armed Forces, the Army National Guard and the Air National
Guard when engaged in active duty for training, inactive duty training, or full-time
National Guard duty, the commissioned corps of the Public Health Service, and any other
category of persons designated by the President in time of war or national emergency.
(f) AQualified,@ with respect to an employment position, means having the ability to
perform the essential tasks of the position.
(g) AReasonable efforts@, in the case of actions required of the Tribe under this law, means
actions, including providing training, that do not place an undue hardship on the Tribe.
(h) ASeniority@ means longevity in employment together with any benefits of employment
which accrue with, or are determined by, longevity in employment.
(i) AService@ or Aservice in the military@ means the performance of duty on a voluntary or
involuntary basis in a branch of the military and includes active duty, active duty for
training, initial active duty for training, inactive duty training, full-time National Guard
duty, the time a person is absent from a position of employment for the purpose of an
examination to determine the fitness of the person to perform any such duty, and the period
for which a person is absent from employment for the purpose of performing funeral
honors duty.
(j) “Trial Court” means the Court of the Oneida Judiciary where evidence and testimony
are first introduced, received, and considered. The Oneida Judiciary was established by
Oneida General Tribal Council resolution GTC-01-07-13-B to administer the judicial
authorities and responsibilities of the Nation.
(jk) ATribe@ means the Oneida Tribe of Indians of Wisconsin as employer through its
divisions, departments, programs, enterprises or other subdivisions of the Tribe.
(kl) AUndue hardship@, in the case of actions taken by the Tribe, means actions requiring
significant difficulty or expense, when considered in light of:
(1) the nature and cost of the action needed under this Law;
(2) the overall financial resources of the department involved in the provision of
the action; the number of persons employed within the department; the effect on
expenses and resources, or the overall impact of such action upon the operation of
the department;
(3) the financial resources of the Tribe; the size of the Tribe with respect to how
many employees and departments it has; and
(4) the type of operation(s) of the Tribe, including the composition, structure, and
functions of the work force of its departments.
213.4. Character of Service
213.4-1. Those who serve in the military are ineligible to receive benefits under this law if they:
(a) receive a dishonorable discharge or a bad conduct discharge; or
(b) receive a dismissal from a general court-martial, or by order of the President; or
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(c) are dropped from the rolls because they have been:
(1) absent without authority for at least three months; or
(2) sentenced by a court-martial to confinement for more than six (6) months and
have served at least six (6) months; or
(3) sentenced to confinement in a penitentiary or correctional institution after
having been found guilty of an offense by a court other than a court-martial or
other military court, and whose sentence has become final.
213.5. Discrimination Against Persons Who Serve in the Military Prohibited
213.5-1. The Tribe shall not deny employment, reemployment, retention in employment,
promotion, or any benefit of employment on the basis of a person=s membership, application for
membership, performance of service, application for service, or obligation to perform service in
the military.
213.5-2. The Tribe may not discriminate in employment against or take any adverse
employment action against anyone because such person has exercised a right or taken an action
to enforce a protection afforded under this law, has testified or otherwise made a statement in or
in connection with any proceeding under this law, or has participated in an investigation under
this law.
213.5-3. The Tribe shall not be considered to have engaged in a prohibited action if the same
action would have been taken regardless of an employee's military status.
213.5-4. Sections 213.5-1 and 213.5-2 shall apply to any position of employment, including a
position that is described in 213.6-4(c).
213.6. Reemployment Rights of Persons Who Serve in the Military
213.6-1. Any person who takes a leave of absence from an employment position to serve in the
military shall be entitled to the reemployment benefits and other employment benefits of this law
if:
(a) the Tribe receives advance written notice of such service as soon as practicable after
the employee receives notice;
(b) the cumulative length of the absence and of all previous absences with the Tribe by
reason of service in the military does not exceed five (5) years; and
(c) except as provided in 213.6-6, the person reports to the Tribe in accordance with 213.65.
213.6-2. No notice is required under 213.6-1(a) if it is precluded by military necessity or,
under all of the relevant circumstances, the giving of notice is otherwise impossible or
unreasonable.
213.6-3. When calculating the length of absence under 213.6-1(b) the Tribe shall not include
any service:
(a) that is required, beyond five (5) years, to complete an initial period of obligated
service;
(b) during which such person was unable to obtain orders releasing such person from a
period of service in the military before the expiration of such five (5) year period and such
inability was through no fault of such person;
(c) performed as required pursuant to training requirements for reservists and National
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Guard members;
(d) performed by a member of the military service who is:
(1) ordered to or retained on active duty involuntarily during domestic emergency
or national security related situations;
(2) ordered to or retained on active duty under any provision of law because of a
war or national emergency declared by the President of the United States or the
Congress;
(3) ordered to active duty in support of an Aoperational mission@, without his or
her consent;
(4) ordered to active duty in support of a Acritical mission or requirement@ in
times other than war or national emergency and when no involuntary call up is in
effect; or
(5) called into Federal service by the President as a member of the National
Guard to suppress an insurrection, repel an invasion, or execute the laws of the
United States.
213.6-4. Tribe=s Right to Not Reemploy. The Tribe is not required to reemploy a person under
this law if:
(a) circumstances have so changed as to make such reemployment impossible or
unreasonable;
(b) in the case of a person entitled to reemployment under 213.7-1(c), (d), or 213.7-2, such
employment would impose an undue hardship on the Tribe; or
(c) the employment from which the person leaves is for a brief, nonrecurrent period (i.e.
seasonal, temporary, limited term) and there is no reasonable expectation that such
employment will continue indefinitely or for a significant period.
(d) the Tribe shall have the burden of proving the impossibility or unreasonableness, undue
hardship, or the brief or nonrecurrent nature of the employment.
213.6-5. Except as provided under 213.6-6, an employee referred to in 213.6-1 shall notify the
Tribe of the person=s intent to return to a position of employment within ninety (90) days of
separation of active duty service and within thirty-one (31) days from completion of training for
reservists. The Tribe shall, as soon as practicable after receiving notice, make arrangements with
the employee for an employment return date.
213.6-6. A person who is hospitalized for, or recovering from, an illness or injury incurred in,
or aggravated during, the performance of service in the military shall, at the end of the period
that is necessary for the person to recover from such illness or injury notify the Tribe of the
person=s intent to return to a position of employment. Such period of recovery may not exceed
two (2) years, unless the minimum time required to accommodate the circumstances beyond such
person=s control is longer than two years, making reporting within the period specified
impossible or unreasonable.
213.6-7. A person who fails to report for reemployment within the appropriate period shall not
automatically forfeit such person=s entitlement to the benefits referred to in section 213.6-1 but
shall be subject to the Tribe=s policies and procedures pertaining to discipline with respect to
absence from scheduled work.
213.6-8. A person who has notified the Tribe of the person=s intent to return to a position of
employment in accordance with section 213.6-5 shall, upon the request of the Tribe, provide
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documentation to establish that:
(a) the notification is timely;
(b) the time limits in section 213.6-1(b) have not been exceeded, except as permitted under
section 213.6-3; and
(c) the person=s entitlement to benefits has not been terminated pursuant to section 213.4.
213.6-9. The timing, frequency, and duration of a person=s training or service, or the nature of
such training or service (including voluntary service) in the military, shall not be a basis for
denying protection of this law if the service does not exceed the limitations set forth under
section 213.6-3 and the notice and notification requirements established in this section are met.
213.6-10. The Human Resources Department shall inform employees of their rights, benefits,
and obligations under this law and shall provide assistance to employees with respect to the
employment and reemployment benefits to which they are entitled under this law.
213.7. Reemployment Positions
213.7-1. A person entitled to reemployment under section 213.6 shall be promptly reemployed
in a position of employment in accordance with the following order of priority:
(a) In the case of a person whose period of service in the military was for less than ninetyone (91) days:
(1) in the position which the person would have been employed if the continuous
employment of such person had not been interrupted by such service, the duties of
which the person is qualified to perform; or
(2) in the position which the person was employed on the date of the
commencement of the service in the military, only if the person is not qualified to
perform the duties of the position referred to under section 213.7-1(a)(1) after
reasonable efforts by the Tribe to qualify the person.
(b) In the case of a person whose period of service in the military was for more than ninety
(90) days:
(1) in the position which the person would have been employed if the continuous
employment of such person had not been interrupted by such service, or a position
of like seniority, status and pay, the duties of which the person is qualified to
perform; or
(2) in the position which the person was employed on the date of the
commencement of the service, or a position of like seniority, status and pay, the
duties of which the person is qualified to perform, only if the person is not
qualified to perform the duties of the position referred to under section 213.71(b)(1) after reasonable efforts by the Tribe to qualify the person.
(c) In the case of a person who has a disability incurred in, or aggravated during, service,
and after reasonable efforts by the Tribe to accommodate the disability, is not qualified due
to such disability to be employed in the position of employment in which the person would
have been employed if the continuous employment of such person with the Tribe had not
been interrupted by such service:
(1) in any other position which is equivalent in seniority, status, and pay, the
duties of which the person is qualified to perform or can become qualified to
perform with reasonable efforts by the Tribe; or
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(2) in a position which is the nearest approximation to a position referred to in (1)
in terms of seniority, status, and pay consistent with such person=s case.
(d) In the case of a person who is not qualified to become reemployed under 213.7-1(a) (c) and cannot become qualified, even with reasonable efforts by the Tribe, in any other
position which is the nearest approximation to a position which such person is qualified to
perform, with full seniority.
213.7-2. If two or more persons are entitled to reemployment in the same position and more than
one of them has reported for reemployment, the person who left the position first shall have the
prior right to reemployment in that position.
213.7-3. A person entitled to reemployment who is not reemployed because of section 213.7-2
shall be entitled to reemployment in any other position referred to in section 213.7-1, remaining
consistent with the circumstances of such person=s case, in the order of priority set out in the
appropriate section, with full seniority.
213.8. Benefits of Persons Absent from Employment for Military Service
213.8-1. A person who is reemployed under this law is entitled to the seniority and other
benefits determined by seniority that the person had on the date of the commencement of service
in the military plus the additional seniority and benefits that such person would have attained if
the person had remained continuously employed.
213.8-2. A person who is absent from a position of employment by reason of service in the
military shall be:
(a) deemed to be on a leave of absence while performing such service; and
(b) entitled to other benefits not determined by seniority as are generally provided by the
Tribe to employees having similar seniority, status, and pay who are on leave of absence
under a contract, agreement, policy, practice, or plan in effect at the commencement of
such service or established while such person performs such service.
213.8-3. A person who
(a) is absent from an employment position because of service in the military, and
(b) knowingly provides written notice of intent not to return to a position of employment
after service in the military, is not entitled to benefits under this section.
The Tribe has the burden of proving that a person knowingly provided written notice of intent
not to return to a position after service in the military and was aware of the specific benefits to be
lost.
213.8-4. A person on leave of absence for military service shall not be entitled to any benefits to
which the person would not otherwise be entitled if the person had remained continuously
employed.
213.8-5. A person may be required to pay the Tribe=s cost, if any, of any funded benefit
continued to the extent other employees on leave of absence are so required.
213.8-6. A person who is reemployed under this law shall only be terminated in accordance with
the Oneida Personnel Policies and Procedures.
213.8-7. Any person whose employment is interrupted by military service shall be permitted to
use, during such period of service, any vacation or personal time accrued by the person before
the commencement of such service. The Tribe may not require any person to use vacation or
personal time during such period of service.
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213.8-8. The Tribe shall grant an employee who is a reserve member an unpaid temporary leave
of absence in order to perform funeral honors duty. Employees may use vacation or personal
time to perform funeral honors duty if eligible.
213.9. Health Plans
213.9-1. If a person, or a person=s dependents, has coverage under a health plan through the
Tribe and such person is on a leave of absence for military service, the plan shall provide that the
coverage may be continued. The maximum period of coverage of a person and the person=s
dependents shall be the lesser of:
(a) the eighteen (18) month period beginning on the date on which the person=s absence
begins; or
(b) the day after the date on which the person fails to return to a position of employment,
as determined under section 213.6-5.
213.9-2. A person who elects to continue health-plan coverage may be required to pay not more
than the amount paid by other employees who take a leave of absence, except that in the case of
a person who serves in the military for less than thirty-one (31) days, such person may not be
required to pay more than the employee share, if any, for such coverage.
213.9-3. If a person=s health plan is terminated by reason of military service, an exclusion or
waiting period may not be imposed in connection with the reinstatement of such coverage upon
reemployment if an exclusion or waiting period would not have been imposed had coverage of
such person not been terminated as a result of such service.
(a) This shall apply to the person who is reemployed and to his or her dependents who are
covered under the plan with the reinstatement of coverage of such person.
(b) This shall not apply to the coverage of any illness or injury incurred in, or aggravated
during, performance of service in the military.
213.10. Retirement and Pension Plans
213.10-1. Each period served by a person in the military shall, upon reemployment, be deemed
to constitute service for the purpose of determining the nonforfeitability of the person=s accrued
benefits and for the purpose of determining the accrual of benefits under a retirement or pension
plan.
(a) When a person is absent from a position of employment for more than ninety (90) days
and is reemployed, the Tribe may require documentation before treating the person as not
having incurred a break in service for retirement or pension plan purposes under this
section.
213.10-2. A person reemployed under this law shall be entitled to accrued benefits that are
contingent on the making of, or derived from, employee contributions or elective deferrals if the
person makes payment to a retirement or pension plan with respect to such contributions or
deferrals. If the employee makes up the contributions, the Tribe shall make up any required
matching contributions. No such payment may exceed the amount the person would have been
permitted or required to contribute had the person remained continuously employed by the Tribe
throughout the period of service. Any payment to a retirement or pension plan shall be made
during the period beginning with the date of reemployment and whose duration is three (3) times
the period of the person=s service in the military, such payment period not to exceed five (5)
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213.10-3. For purposes of computing the Tribe=s liability or the employee=s contributions, the
employee=s compensation during the period of service shall be computed:
(a) at the rate the employee would have received but for the period of service;
(b) in the case that the determination of such rate is not reasonably certain, on the basis of
the employee=s average rate of compensation during the twelve (12) month period
immediately preceding such period (or, if shorter, the period of employment immediately
preceding such period).
213.10-4. Pension Plan. When a person who participates in a pension plan is reemployed after a
period of military service, the Tribe shall be liable to the pension plan for funding any obligation
to provide the benefits the employee would have received had they not taken a leave of absence.
The Tribe shall allocate the amount of the Tribal contribution for the person in the same manner
and to the same extent the allocation occurred for other employees eligible for the pension plan
during the period of service. For purposes of determining the amount of such liability and any
obligation of the pension plan, earnings and forfeitures shall not be included.
213.11. Enforcement of Employment or Reemployment Rights
213.11.1. The Tribe shall notify, in writing, any person who has been denied employment,
reemployment, or benefits under this law.
213.11-2. A person may file a complaint whenever such person claims that:
(a) he or she is entitled to employment or reemployment rights or benefits with respect to
employment by the Tribe; or
(b) the Tribe has failed or refused to comply with the provisions of this law.
213.11-3. Such complaint shall be in writing, contain a summary of the allegations that form the
basis for the complaint and be filed with the person=s area manager and the Oneida Human
Resources Manager (or designee) within ten (10) working days from the day the person received
a denial of employment and/or benefits by the Tribe .
213.11-4. If the area manager determines that the action alleged in such complaint occurred, the
area manager shall attempt to resolve the complaint by making reasonable efforts to ensure that
the person or entity named in the complaint complies with the provisions of this law.
213.11-5. If the efforts of the area manager do not resolve the complaint within ten (10) working
days from the receipt of the employee=s complaint, the complainant shall be notified of the
results of the area manager=s investigation and the complainant=s entitlement to refer the
complaint to the Oneida Personnel CommissionTrial Court. One extension of no more than five
(5) working days may be requested of and granted by the Oneida Human Resources Manager (or
designee) at his or her discretion.
213.11-6. If an employee appeals the area manager=s decision, the appeal must be filed with the
Oneida Personnel CommissionTrial Court within ten (10) working days of the employee=s
receipt of the Area Manager=s decision. The Commission Trial Court shall notify the Human
Resources Manager (or designee) within one (1) business day when an employee files an appeal.
213.11-7. Remedies. In any action relating to this law, relief may be awarded as follows:
(a) Require the Tribe to comply with the provisions of this law; and/or
(b) Require the Tribe to compensate the person for any loss of wages or benefits suffered
by reason of the Tribe=s failure to comply with the provisions of this law.
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213.11-8. Any compensation awarded shall be in addition to, and shall not diminish, any of the
other benefits provided for under this law.
End.
Adopted - BC-10-24-07-E
Emergency Amended – BC-__-__-__-__
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Title 2. Employment – Chapter 213
MILITARY SERVICE EMPLOYEE PROTECTION ACT
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213-1. Purpose and Policy
213-2. Adoption, Amendment, Repeal
213-3. Definitions
213-4. Character of Service
213-5. Discrimination Against Persons Who Serve in the Military
Prohibited
213-6. Reemployment Rights of Persons who Serve in the Military
213-7. Reemployment Positions
213-8. Benefits of Persons Absent from Employment for Military
Service
213-9. Health Plans
213-10. Retirement Plans
213-11. Enforcement of Employment or Reemployment Rights
213.1.
Purpose and Policy
213.1-1. Purpose. The purposes of this law are:
(a) to minimize the disruption to the lives of Tribal employees serving in the military as
well as to the Tribe by providing for the prompt reemployment of such persons upon
completion of such service; and
(b) to prohibit discrimination against people because they serve in the military.
213.1-2. Policy. It is the policy of the Oneida Tribe to reemploy persons who return from
military service in the same position, or a substantially similar position, of employment the
person held prior to leaving for military service.
213.2.
Adoption, Amendment, Repeal
213.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-24-07E and emergency amended by BC-__-__-__-__.
213.2-2. This law may be amended pursuant to the procedures set out in the Oneida
Administrative Procedures Act by the Oneida Business Committee or the Oneida General Tribal
Council.
213.2-3. Should a provision of this law or the application thereof to any person or
circumstances be held as invalid, such invalidity shall not affect other provisions of this law
which are considered to have legal force without the invalid portions.
213.2-4. Any law, policy, regulation, rule, resolution, or motion, or portion thereof, which
directly conflicts with the provisions of this law is hereby repealed to the extent that it is
inconsistent with or is contrary to this law.
213.2-5. This law is adopted under authority of the Constitution of the Oneida Tribe of Indians
of Wisconsin.
213.3. Definitions
213.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) AArea Manager@ means the supervisor of the supervisor of an employee who is
protected under this law, or, in other words, two levels of supervision in the chain of
command above the protected employee, or an individual designated to be the Area
Manager by the Division Director (or, in divisions where there is no director, the General
Manager) and approved by the Human Resources Department Manager (or designee).
(b) ABenefit@ means any advantage, profit, privilege, gain, or interest (other than wages or
salary) that accrues by reason of an employment agreement or an employer policy, plan, or
practice and includes rights and benefits under a retirement plan, a health plan, insurance
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coverage, incentives, unemployment benefits, vacations, and the opportunity to select work
hours or location of employment.
(c) AEmployee@ means any person employed by the Oneida Tribe.
(d) AHealth plan@ means an insurance policy or contract or other arrangement under which
health services for individuals are provided or the expenses of such services are paid.
(e) AMilitary@ means the Armed Forces, the Army National Guard and the Air National
Guard when engaged in active duty for training, inactive duty training, or full-time
National Guard duty, the commissioned corps of the Public Health Service, and any other
category of persons designated by the President in time of war or national emergency.
(f) AQualified,@ with respect to an employment position, means having the ability to
perform the essential tasks of the position.
(g) AReasonable efforts@, in the case of actions required of the Tribe under this law, means
actions, including providing training, that do not place an undue hardship on the Tribe.
(h) ASeniority@ means longevity in employment together with any benefits of employment
which accrue with, or are determined by, longevity in employment.
(i) AService@ or Aservice in the military@ means the performance of duty on a voluntary or
involuntary basis in a branch of the military and includes active duty, active duty for
training, initial active duty for training, inactive duty training, full-time National Guard
duty, the time a person is absent from a position of employment for the purpose of an
examination to determine the fitness of the person to perform any such duty, and the period
for which a person is absent from employment for the purpose of performing funeral
honors duty.
(j) “Trial Court” means the Court of the Oneida Judiciary where evidence and testimony
are first introduced, received, and considered. The Oneida Judiciary was established by
Oneida General Tribal Council resolution GTC-01-07-13-B to administer the judicial
authorities and responsibilities of the Nation.
(k) ATribe@ means the Oneida Tribe of Indians of Wisconsin as employer through its
divisions, departments, programs, enterprises or other subdivisions of the Tribe.
(l) AUndue hardship@, in the case of actions taken by the Tribe, means actions requiring
significant difficulty or expense, when considered in light of:
(1) the nature and cost of the action needed under this Law;
(2) the overall financial resources of the department involved in the provision of
the action; the number of persons employed within the department; the effect on
expenses and resources, or the overall impact of such action upon the operation of
the department;
(3) the financial resources of the Tribe; the size of the Tribe with respect to how
many employees and departments it has; and
(4) the type of operation(s) of the Tribe, including the composition, structure, and
functions of the work force of its departments.
213.4. Character of Service
213.4-1. Those who serve in the military are ineligible to receive benefits under this law if they:
(a) receive a dishonorable discharge or a bad conduct discharge; or
(b) receive a dismissal from a general court-martial, or by order of the President; or
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(c) are dropped from the rolls because they have been:
(1) absent without authority for at least three months; or
(2) sentenced by a court-martial to confinement for more than six (6) months and
have served at least six (6) months; or
(3) sentenced to confinement in a penitentiary or correctional institution after
having been found guilty of an offense by a court other than a court-martial or
other military court, and whose sentence has become final.
213.5. Discrimination Against Persons Who Serve in the Military Prohibited
213.5-1. The Tribe shall not deny employment, reemployment, retention in employment,
promotion, or any benefit of employment on the basis of a person=s membership, application for
membership, performance of service, application for service, or obligation to perform service in
the military.
213.5-2. The Tribe may not discriminate in employment against or take any adverse
employment action against anyone because such person has exercised a right or taken an action
to enforce a protection afforded under this law, has testified or otherwise made a statement in or
in connection with any proceeding under this law, or has participated in an investigation under
this law.
213.5-3. The Tribe shall not be considered to have engaged in a prohibited action if the same
action would have been taken regardless of an employee's military status.
213.5-4. Sections 213.5-1 and 213.5-2 shall apply to any position of employment, including a
position that is described in 213.6-4(c).
213.6. Reemployment Rights of Persons Who Serve in the Military
213.6-1. Any person who takes a leave of absence from an employment position to serve in the
military shall be entitled to the reemployment benefits and other employment benefits of this law
if:
(a) the Tribe receives advance written notice of such service as soon as practicable after
the employee receives notice;
(b) the cumulative length of the absence and of all previous absences with the Tribe by
reason of service in the military does not exceed five (5) years; and
(c) except as provided in 213.6-6, the person reports to the Tribe in accordance with 213.65.
213.6-2. No notice is required under 213.6-1(a) if it is precluded by military necessity or,
under all of the relevant circumstances, the giving of notice is otherwise impossible or
unreasonable.
213.6-3. When calculating the length of absence under 213.6-1(b) the Tribe shall not include
any service:
(a) that is required, beyond five (5) years, to complete an initial period of obligated
service;
(b) during which such person was unable to obtain orders releasing such person from a
period of service in the military before the expiration of such five (5) year period and such
inability was through no fault of such person;
(c) performed as required pursuant to training requirements for reservists and National
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Guard members;
(d) performed by a member of the military service who is:
(1) ordered to or retained on active duty involuntarily during domestic emergency
or national security related situations;
(2) ordered to or retained on active duty under any provision of law because of a
war or national emergency declared by the President of the United States or the
Congress;
(3) ordered to active duty in support of an Aoperational mission@, without his or
her consent;
(4) ordered to active duty in support of a Acritical mission or requirement@ in
times other than war or national emergency and when no involuntary call up is in
effect; or
(5) called into Federal service by the President as a member of the National
Guard to suppress an insurrection, repel an invasion, or execute the laws of the
United States.
213.6-4. Tribe=s Right to Not Reemploy. The Tribe is not required to reemploy a person under
this law if:
(a) circumstances have so changed as to make such reemployment impossible or
unreasonable;
(b) in the case of a person entitled to reemployment under 213.7-1(c), (d), or 213.7-2, such
employment would impose an undue hardship on the Tribe; or
(c) the employment from which the person leaves is for a brief, nonrecurrent period (i.e.
seasonal, temporary, limited term) and there is no reasonable expectation that such
employment will continue indefinitely or for a significant period.
(d) the Tribe shall have the burden of proving the impossibility or unreasonableness, undue
hardship, or the brief or nonrecurrent nature of the employment.
213.6-5. Except as provided under 213.6-6, an employee referred to in 213.6-1 shall notify the
Tribe of the person=s intent to return to a position of employment within ninety (90) days of
separation of active duty service and within thirty-one (31) days from completion of training for
reservists. The Tribe shall, as soon as practicable after receiving notice, make arrangements with
the employee for an employment return date.
213.6-6. A person who is hospitalized for, or recovering from, an illness or injury incurred in,
or aggravated during, the performance of service in the military shall, at the end of the period
that is necessary for the person to recover from such illness or injury notify the Tribe of the
person=s intent to return to a position of employment. Such period of recovery may not exceed
two (2) years, unless the minimum time required to accommodate the circumstances beyond such
person=s control is longer than two years, making reporting within the period specified
impossible or unreasonable.
213.6-7. A person who fails to report for reemployment within the appropriate period shall not
automatically forfeit such person=s entitlement to the benefits referred to in section 213.6-1 but
shall be subject to the Tribe=s policies and procedures pertaining to discipline with respect to
absence from scheduled work.
213.6-8. A person who has notified the Tribe of the person=s intent to return to a position of
employment in accordance with section 213.6-5 shall, upon the request of the Tribe, provide
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documentation to establish that:
(a) the notification is timely;
(b) the time limits in section 213.6-1(b) have not been exceeded, except as permitted under
section 213.6-3; and
(c) the person=s entitlement to benefits has not been terminated pursuant to section 213.4.
213.6-9. The timing, frequency, and duration of a person=s training or service, or the nature of
such training or service (including voluntary service) in the military, shall not be a basis for
denying protection of this law if the service does not exceed the limitations set forth under
section 213.6-3 and the notice and notification requirements established in this section are met.
213.6-10. The Human Resources Department shall inform employees of their rights, benefits,
and obligations under this law and shall provide assistance to employees with respect to the
employment and reemployment benefits to which they are entitled under this law.
213.7. Reemployment Positions
213.7-1. A person entitled to reemployment under section 213.6 shall be promptly reemployed
in a position of employment in accordance with the following order of priority:
(a) In the case of a person whose period of service in the military was for less than ninetyone (91) days:
(1) in the position which the person would have been employed if the continuous
employment of such person had not been interrupted by such service, the duties of
which the person is qualified to perform; or
(2) in the position which the person was employed on the date of the
commencement of the service in the military, only if the person is not qualified to
perform the duties of the position referred to under section 213.7-1(a)(1) after
reasonable efforts by the Tribe to qualify the person.
(b) In the case of a person whose period of service in the military was for more than ninety
(90) days:
(1) in the position which the person would have been employed if the continuous
employment of such person had not been interrupted by such service, or a position
of like seniority, status and pay, the duties of which the person is qualified to
perform; or
(2) in the position which the person was employed on the date of the
commencement of the service, or a position of like seniority, status and pay, the
duties of which the person is qualified to perform, only if the person is not
qualified to perform the duties of the position referred to under section 213.71(b)(1) after reasonable efforts by the Tribe to qualify the person.
(c) In the case of a person who has a disability incurred in, or aggravated during, service,
and after reasonable efforts by the Tribe to accommodate the disability, is not qualified due
to such disability to be employed in the position of employment in which the person would
have been employed if the continuous employment of such person with the Tribe had not
been interrupted by such service:
(1) in any other position which is equivalent in seniority, status, and pay, the
duties of which the person is qualified to perform or can become qualified to
perform with reasonable efforts by the Tribe; or
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(2) in a position which is the nearest approximation to a position referred to in (1)
in terms of seniority, status, and pay consistent with such person=s case.
(d) In the case of a person who is not qualified to become reemployed under 213.7-1(a) (c) and cannot become qualified, even with reasonable efforts by the Tribe, in any other
position which is the nearest approximation to a position which such person is qualified to
perform, with full seniority.
213.7-2. If two or more persons are entitled to reemployment in the same position and more than
one of them has reported for reemployment, the person who left the position first shall have the
prior right to reemployment in that position.
213.7-3. A person entitled to reemployment who is not reemployed because of section 213.7-2
shall be entitled to reemployment in any other position referred to in section 213.7-1, remaining
consistent with the circumstances of such person=s case, in the order of priority set out in the
appropriate section, with full seniority.
213.8. Benefits of Persons Absent from Employment for Military Service
213.8-1. A person who is reemployed under this law is entitled to the seniority and other
benefits determined by seniority that the person had on the date of the commencement of service
in the military plus the additional seniority and benefits that such person would have attained if
the person had remained continuously employed.
213.8-2. A person who is absent from a position of employment by reason of service in the
military shall be:
(a) deemed to be on a leave of absence while performing such service; and
(b) entitled to other benefits not determined by seniority as are generally provided by the
Tribe to employees having similar seniority, status, and pay who are on leave of absence
under a contract, agreement, policy, practice, or plan in effect at the commencement of
such service or established while such person performs such service.
213.8-3. A person who
(a) is absent from an employment position because of service in the military, and
(b) knowingly provides written notice of intent not to return to a position of employment
after service in the military, is not entitled to benefits under this section.
The Tribe has the burden of proving that a person knowingly provided written notice of intent
not to return to a position after service in the military and was aware of the specific benefits to be
lost.
213.8-4. A person on leave of absence for military service shall not be entitled to any benefits to
which the person would not otherwise be entitled if the person had remained continuously
employed.
213.8-5. A person may be required to pay the Tribe=s cost, if any, of any funded benefit
continued to the extent other employees on leave of absence are so required.
213.8-6. A person who is reemployed under this law shall only be terminated in accordance with
the Oneida Personnel Policies and Procedures.
213.8-7. Any person whose employment is interrupted by military service shall be permitted to
use, during such period of service, any vacation or personal time accrued by the person before
the commencement of such service. The Tribe may not require any person to use vacation or
personal time during such period of service.
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213.8-8. The Tribe shall grant an employee who is a reserve member an unpaid temporary leave
of absence in order to perform funeral honors duty. Employees may use vacation or personal
time to perform funeral honors duty if eligible.
213.9. Health Plans
213.9-1. If a person, or a person=s dependents, has coverage under a health plan through the
Tribe and such person is on a leave of absence for military service, the plan shall provide that the
coverage may be continued. The maximum period of coverage of a person and the person=s
dependents shall be the lesser of:
(a) the eighteen (18) month period beginning on the date on which the person=s absence
begins; or
(b) the day after the date on which the person fails to return to a position of employment,
as determined under section 213.6-5.
213.9-2. A person who elects to continue health-plan coverage may be required to pay not more
than the amount paid by other employees who take a leave of absence, except that in the case of
a person who serves in the military for less than thirty-one (31) days, such person may not be
required to pay more than the employee share, if any, for such coverage.
213.9-3. If a person=s health plan is terminated by reason of military service, an exclusion or
waiting period may not be imposed in connection with the reinstatement of such coverage upon
reemployment if an exclusion or waiting period would not have been imposed had coverage of
such person not been terminated as a result of such service.
(a) This shall apply to the person who is reemployed and to his or her dependents who are
covered under the plan with the reinstatement of coverage of such person.
(b) This shall not apply to the coverage of any illness or injury incurred in, or aggravated
during, performance of service in the military.
213.10. Retirement and Pension Plans
213.10-1. Each period served by a person in the military shall, upon reemployment, be deemed
to constitute service for the purpose of determining the nonforfeitability of the person=s accrued
benefits and for the purpose of determining the accrual of benefits under a retirement or pension
plan.
(a) When a person is absent from a position of employment for more than ninety (90) days
and is reemployed, the Tribe may require documentation before treating the person as not
having incurred a break in service for retirement or pension plan purposes under this
section.
213.10-2. A person reemployed under this law shall be entitled to accrued benefits that are
contingent on the making of, or derived from, employee contributions or elective deferrals if the
person makes payment to a retirement or pension plan with respect to such contributions or
deferrals. If the employee makes up the contributions, the Tribe shall make up any required
matching contributions. No such payment may exceed the amount the person would have been
permitted or required to contribute had the person remained continuously employed by the Tribe
throughout the period of service. Any payment to a retirement or pension plan shall be made
during the period beginning with the date of reemployment and whose duration is three (3) times
the period of the person=s service in the military, such payment period not to exceed five (5)
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years.
213.10-3. For purposes of computing the Tribe=s liability or the employee=s contributions, the
employee=s compensation during the period of service shall be computed:
(a) at the rate the employee would have received but for the period of service;
(b) in the case that the determination of such rate is not reasonably certain, on the basis of
the employee=s average rate of compensation during the twelve (12) month period
immediately preceding such period (or, if shorter, the period of employment immediately
preceding such period).
213.10-4. Pension Plan. When a person who participates in a pension plan is reemployed after a
period of military service, the Tribe shall be liable to the pension plan for funding any obligation
to provide the benefits the employee would have received had they not taken a leave of absence.
The Tribe shall allocate the amount of the Tribal contribution for the person in the same manner
and to the same extent the allocation occurred for other employees eligible for the pension plan
during the period of service. For purposes of determining the amount of such liability and any
obligation of the pension plan, earnings and forfeitures shall not be included.
213.11. Enforcement of Employment or Reemployment Rights
213.11.1. The Tribe shall notify, in writing, any person who has been denied employment,
reemployment, or benefits under this law.
213.11-2. A person may file a complaint whenever such person claims that:
(a) he or she is entitled to employment or reemployment rights or benefits with respect to
employment by the Tribe; or
(b) the Tribe has failed or refused to comply with the provisions of this law.
213.11-3. Such complaint shall be in writing, contain a summary of the allegations that form the
basis for the complaint and be filed with the person=s area manager and the Oneida Human
Resources Manager (or designee) within ten (10) working days from the day the person received
a denial of employment and/or benefits by the Tribe .
213.11-4. If the area manager determines that the action alleged in such complaint occurred, the
area manager shall attempt to resolve the complaint by making reasonable efforts to ensure that
the person or entity named in the complaint complies with the provisions of this law.
213.11-5. If the efforts of the area manager do not resolve the complaint within ten (10) working
days from the receipt of the employee=s complaint, the complainant shall be notified of the
results of the area manager=s investigation and the complainant=s entitlement to refer the
complaint to the Trial Court. One extension of no more than five (5) working days may be
requested of and granted by the Oneida Human Resources Manager (or designee) at his or her
discretion.
213.11-6. If an employee appeals the area manager=s decision, the appeal must be filed with the
Trial Court within ten (10) working days of the employee=s receipt of the Area Manager=s
decision. The Trial Court shall notify the Human Resources Manager (or designee) within one
(1) business day when an employee files an appeal.
213.11-7. Remedies. In any action relating to this law, relief may be awarded as follows:
(a) Require the Tribe to comply with the provisions of this law; and/or
(b) Require the Tribe to compensate the person for any loss of wages or benefits suffered
by reason of the Tribe=s failure to comply with the provisions of this law.
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213.11-8. Any compensation awarded shall be in addition to, and shall not diminish, any of the
other benefits provided for under this law.
End.
Adopted - BC-10-24-07-E
Emergency Amended – BC-__-__-__-__
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PO Box 365 • Oneida, WIS4155·0365
ONEIDA
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