Oneida Business Committee (2024)
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Public Packet
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Oneida Business Committee
Executive Session
8:30 AM Tuesday, July 23, 2024
BC Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 AM Wednesday, July 24, 2024
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.
Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members
of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 1st floor, Norbert Hill
Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to
change.
I.
CALL TO ORDER
II.
OPENING
A.
Special recognition for years of service
Sponsor: Todd VanDen Heuvel, Executive HR Director
III.
ADOPT THE AGENDA
IV.
OATH OF OFFICE
A.
V.
Oneida Police Department - Michael Krueger and Cristal Sanches Moreno
Sponsor: Lisa Liggins, Secretary
MINUTES
A.
Approve the July 10, 2024, regular Business Committee meeting minutes
Sponsor: Lisa Liggins, Secretary
VI.
RESOLUTIONS
A.
Adopt resolution entitled Oneida Nation Comprehensive Division HUD ONAP Tribal
VASH Renewal
Sponsor: Mark W. Powless, General Manager
B.
Adopt resolution entitled Office of Violence Against Women - FY2024 Tribal Sexual
Assault Services Program grant application
Sponsor: Mark W. Powless, General Manager
C.
Adopt resolution entitled Amendments to the Back Pay Law
Sponsor: Jameson Wilson, Councilman
Oneida Business Committee
Regular Meeting Agenda
Page 1 of 6
July 24, 2024
Public Packet
VII.
VIII.
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D.
Adopt resolution entitled Adoption of the FY-2024-2027 Oneida Nation Tribal
Transportation Improvement Plan (TTIP) and Tribal Transportation Program
Agreement (TTP/G2G) including Corresponding Referenced Funding Agreements
(RFA)
Sponsor: Mark W. Powless, General Manager
E.
Adopt resolution entitled Approval of Use of Economic Development, Diversification
and Community Development Funds for a donation of $400,000 for the 2025 NFL
Draft
Sponsor: Louise Cornelius, Gaming General Manager
APPOINTMENTS
A.
Determine next steps regarding three (3) appointments - Oneida Election Board Ad
Hoc Committee
Sponsor: Lisa Liggins, Secretary
B.
Determine next steps regarding one (1) appointment(s) - Oneida ESC Group LLC
Board of Managers
Sponsor: Lisa Liggins, Secretary
C.
Determine next steps regarding two (2) appointments - Oneida Nation Arts Board
Sponsor: Lisa Liggins, Secretary
D.
Determine next steps regarding one (1) appointment - Oneida Nation Veteran Affairs
Committee
Sponsor: Lisa Liggins, Secretary
E.
Determine next steps regarding five (5) appointment(s) - Oneida Personnel
Commission
Sponsor: Lisa Liggins, Secretary
F.
Determine next steps regarding one (1) appointment - Oneida Police Commission
Sponsor: Lisa Liggins, Secretary
G.
Determine next steps regarding thirteen (13) appointment(s) - On?yote?a?ká ni? i
Standing Committee
Sponsor: Lisa Liggins, Secretary
H.
Determine next steps regarding three (3) appointments - Pardon and Forgiveness
Screening Committee
Sponsor: Lisa Liggins, Secretary
STANDING COMMITTEES
A.
FINANCE COMMITTEE
1.
Accept the June 13, 2024, regular Finance Committee meeting minutes
Sponsor: Lawrence Barton, Treasurer
2.
B.
Accept the June 27, 2024, regular Finance Committee meeting minutes
Sponsor: Lawrence Barton, Treasurer
LEGISLATIVE OPERATING COMMITTEE
Oneida Business Committee
Regular Meeting Agenda
Page 2 of 6
July 24, 2024
Public Packet
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1.
IX.
X.
Accept the June 19, 2024, regular Legislative Operating Committee meeting
minutes
Sponsor: Jameson Wilson, Councilman
NEW BUSINESS
A.
Approve two (2) requested actions - CDC # 19-007 Boundary Signage
Sponsor: Mark W. Powless, General Manager
B.
Approve Oneida Comprehensive Health Division to participate with State of WI
Division of Public Health - WI Well Badger Resource Center
Sponsor: Mark W. Powless, General Manager
C.
Review the Oneida Youth Leadership Institute charter and bylaws and determine
next steps
Sponsor: Marlon Skenandore, Councilman
D.
Review the Ultimate Texas Hold'Em Rules of Play and determine next steps
Sponsor: Mark A Powless, Sr., Chair/Oneida Gaming Commission
REPORTS
A.
OPERATIONAL (10:00 a.m.)
1.
Accept the Big Bear Media FY-2024 3rd quarter report
Sponsor: Mark W. Powless, General Manager
2.
Accept the Comprehensive Health Division FY-2024 3rd quarter report
Sponsor: Mark W. Powless, General Manager
3.
Accept the Comprehensive Housing Division FY-2024 3rd quarter report
Sponsor: Mark W. Powless, General Manager
4.
Accept the Digital Technology Services FY-2024 3rd quarter report
Sponsor: Mark W. Powless, General Manager
5.
Accept the Education and Training FY-2024 3rd quarter report
Sponsor: Mark W. Powless, General Manager
6.
Accept the Environmental, Health, Safety, Land, & Agriculture Division FY2024 3rd quarter report
Sponsor: Mark W. Powless, General Manager
7.
Accept the Grants FY-2024 3rd quarter report
Sponsor: Mark W. Powless, General Manager
8.
Accept the Human Services Division FY-2024 3rd quarter report
Sponsor: Mark W. Powless, General Manager
9.
Accept the Public Works Division FY-2024 3rd quarter report
Sponsor: Mark W. Powless, General Manager
Oneida Business Committee
Regular Meeting Agenda
Page 3 of 6
July 24, 2024
Public Packet
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10.
XI.
GENERAL TRIBAL COUNCIL
A.
XII.
Accept the Tribal Action Plan FY-2024 3rd quarter report
Sponsor: Mark W. Powless, General Manager
PETITIONER LINDSEY BLACKOWL - Accept status updates - petition # 2024-02
1.
Accept the fiscal impact statement status update re: New
Recreation/Community Center
Sponsor: RaLinda Ninham-Lamberies, Chief Financial Officer
2.
Accept the statement of effect status update re: New Recreation/Community
Center Build
Sponsor: Jameson Wilson, Councilman
3.
Accept the legal analysis update re: New Recreation/Community Center
Sponsor: Jo Anne House, Chief Counsel
EXECUTIVE SESSION
A.
B.
REPORTS
1.
Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
2.
Accept the General Manager report (9:00 a.m.)
Sponsor: Mark W. Powless, General Manager
3.
Accept the Intergovernmental Affairs, Communications, and Self-Governance
July 2024 report (11:00 a.m.)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
4.
Accept the Treasurer's June 2024, report (8:30 a.m.)
Sponsor: Lawrence Barton, Treasurer
AUDIT COMMITTEE
1.
Accept the May 17, 2024, regular Audit Committee meeting minutes
Sponsor: Lisa Liggins, Secretary
2.
Accept the Mini Baccarat compliance audit and lift the confidentiality
requirement
Sponsor: Lisa Liggins, Secretary
3.
Accept the Bingo Compliance audit and lift the confidentiality requirement
Sponsor: Lisa Liggins, Secretary
Oneida Business Committee
Regular Meeting Agenda
Page 4 of 6
July 24, 2024
Public Packet
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4.
C.
Accept the Drop and Count compliance audit and lift the confidentiality
requirement
Sponsor: Lisa Liggins, Secretary
NEW BUSINESS
1.
Approve a limited waiver of sovereign immunity - NRT Technologies - file #
2024-0339
Sponsor: Louise Cornelius, Gaming General Manager
2.
Accept the discussion regarding the Economic Development, Diversification
and Community Development Funds for $400,000 donation for the 2025 NFL
Draft as information (1:30 p.m.)
Sponsor: Justin Nishimoto, Economic Strategy Coordinator
3.
Review application(s) for one (1) vacancy - Oneida ESC Group LLC Board of
Managers
Sponsor: Lisa Liggins, Secretary
4.
Review application(s) for three (3) vacancies - Oneida Election Board Ad Hoc
Committee
Sponsor: Lisa Liggins, Secretary
5.
Review application(s) for two (2) vacancies - Oneida Nation Arts Board
Sponsor: Lisa Liggins, Secretary
6.
Review application(s) for one (1) vacancy - Oneida Nation Veteran Affairs
Committee
Sponsor: Lisa Liggins, Secretary
7.
Review application(s) for five (5) vacancies - Oneida Personnel Commission
Sponsor: Lisa Liggins, Secretary
8.
Review application(s) for one (1) vacancy - Oneida Police Commission
Sponsor: Lisa Liggins, Secretary
9.
Review application(s) for thirteen (13) vacancies - On?yote?a?ká ni? i
Standing Committee
Sponsor: Lisa Liggins, Secretary
10.
Review application(s) for three (3) vacancies - Pardon and Forgiveness
Screening Committee
Sponsor: Lisa Liggins, Secretary
11.
Review draft recommendations for the September 8, 2024, special General
Tribal Council meeting and determine next steps
Sponsor: Lisa Liggins, Secretary
12.
Discuss Community Concern and determine next steps (10:00 a.m.)
Sponsor: Floyd Silas Sr.
Oneida Business Committee
Regular Meeting Agenda
Page 5 of 6
July 24, 2024
Public Packet
XIII.
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ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and
Open Meetings law (§ 107.14.)
The meeting packet of the open session materials for this meeting is available by going to the Oneida
Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Government Administrative Office at (920) 869-4364 or
(800) 236-2214
Oneida Business Committee
Regular Meeting Agenda
Page 6 of 6
July 24, 2024
Public Packet
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Special recognition for years of service
Business Committee Agenda Request
1. Meeting Date Requested:
07/24/24
2. Session:
☒ Open ☐ Executive – must qualify under §107.4-1.
Justification: Choose or type justification.
3. Requested Motion:
☒ Accept as information; OR
Acknowledge Years of Service recipients with the attached PowerPoint. 3rd Quarter.
4. Areas potentially impacted or affected by this request:
☐ Finance
☐ Law Office
☐ Gaming/Retail
☒ Other: Oneida Nation Employees
☐ Programs/Services
☐ DTS
☐ Boards, Committees, or Commissions
5. Additional attendees needed for this request:
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Revised: 08/25/2023
Page 1 of 2
Public Packet
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6. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☒ Presentation
☒ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
7. Budget Information:
☐ Budgeted – Tribal Contribution
☐ Unbudgeted
☐ Other: Describe
☐ Budgeted – Grant Funded
☒ Not Applicable
8. Submission:
Authorized Sponsor:
Todd Vandenheuvel, Executive HR Director
Primary Requestor:
Yasiman Metoxen, HR Office Coordinator
Revised: 08/25/2023
Page 2 of 2
Public Packet
Name
9 of 343
YEARS OF SERVICE RECIPIENTS
3RD QUARTER FY'24 APR - JUN
Supervisor Name
ADOH
Years
JOHNSON,JEAN M
BRUNETTE,FELICIA B
CAELWAERTS,JILL C
May 21, 1979
45
HUFF,JUSTINE A
METOXEN,BARBARA R
SMITH,DELIA M
May 14, 1984
40
BENTON,NATHALIE
KRIESCHER,MARI J
DANFORTH,DEBRA J
May 1, 1989
35
TETEAK,JULIE A
HILL,C S
Jun 29, 1994
30
HOUSE,DAKOTA K
Jun 29, 1994
30
VANIA,ANTHONY R
EDWARDS,MICHELLE L
BALKE,ANNA M
STEMPSKI,WILLIAM J
Jun 29, 1994
30
JORDAN,EARL E
DANFORTH,SUSAN M
DOXTATER,ANDREW J
Jun 21, 1994
30
URBANEK,MISTI M
VANDYKE, JEAN
NINHAM-LAMBERIES,RALINDA R
Jun 14, 1994
30
THOMAS,INEZ S
POWLESS, JESSICA
SKENANDORE,JR,ARTLEY M
Jun 13, 1994
30
SMITH,KAREN V
STONE,SHANNON J
POWLESS,MARK W
Jun 7, 1994
30
KINJERSKI,KELLY L
LARSON,DAVID L
DANFORTH,DEBRA J
Jun 6, 1994
30
HAWPETOSS,RICHARD T
MCLESTER,SR,JAMES M
MATSON,GREGORY H
Jun 6, 1994
30
CORNELIUS,TERRY A
DANFORTH,JOHN J
DOXTATOR,KEITH A
Jun 6, 1994
30
CORNELIUS,ROSITTA M
MOORE,ALEX K
DODGE,LEAH S
May 10, 1994
30
DENNY,MATTHEW J
VANDEN HEUVEL,TODD
HILL,TEHASSI TASI
May 9, 1994
30
SMITH,JACQUELINE
May 9, 1994
30
HERZOG,MISTYLEE R
JORGENSEN,TINA M
POWLESS,MARK W
HILL,TEHASSI TASI
May 2, 1994
30
JOHN,KEVIN E
SUMMERS,ALVIN F
MATSON,GREGORY H
May 2, 1994
30
MATCHOPATOW,LISA A
ADAMS,GARY
SKENANDORE,TONIA H
Apr 26, 1994
30
BOYLE,JACQUE L
POWLESS,MARK W
HILL,TEHASSI TASI
Apr 25, 1994
30
JOHNSON,SR,DENNIS J
STONE,SHANNON J
POWLESS,MARK W
Apr 18, 1994
30
KERK,DWAINE M
HOUSE,DAKOTA K
DANFORTH,KATSITSIYO T
Apr 18, 1994
30
BARTZ,LISA A
JANOWSKI,HEIDI L
NINHAM-LAMBERIES,RALINDA R
Apr 18, 1994
30
MAHLIK,TODD L
ROBERTO,MICHELE A
SKENANDORE,LORNA G
Apr 12, 1994
30
SKENANDORE,SHELLY A
MARTINEZ, JASON
THUNDERCLOUD,DEBORAH J
Apr 11, 1994
30
GREEN,JENNIFER H
MARTINEZ, JASON
THUNDERCLOUD,DEBORAH J
Apr 4, 1994
30
WILSON,DIANE M
ROMMEL,NICOLE A
POWLESS,MARK W
Jun 27, 1999
25
NICKEL,SCOTT D
DOXTATOR, SALLY
EMERSON,DAVID L
Jun 27, 1999
25
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SORENSON,DENISE D
KELLY,SUSAN M
DANFORTH,SARAH I
Jun 20, 1999
25
SUMMERS,ALVIN F
MATSON,GREGORY H
RAUSCHENBACH,LISA M
Jun 6, 1999
25
SHIMEK,BRADLEY J
CHRISTENSEN,MARK
HOUSE,DAKOTA K
May 2, 1999
25
31
Public Packet
Years of Service Recognition
3rd Quarter FY’24
July 24th, 2024 Regular Business Committee Meeting
11 of 343
Public Packet
12 of 343
Years of Service Recognition
Jean M. Johnson
45 Years of Service
Public Packet
13 of 343
Years of Service Recognition
Justine A. Huff
40 Years of Service
Public Packet
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Years of Service Recognition
Nathalie Benton
35 Years of Service
Public Packet
15 of 343
Years of Service Recognition
Julie A. Teteak
30 Years of Service
Public Packet
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Years of Service Recognition
Anthony R. Vania
30 Years of Service
Public Packet
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Years of Service Recognition
Michelle L. Edwards
30 Years of Service
Public Packet
18 of 343
Years of Service Recognition
Earl E. Jordan
30 Years of Service
Public Packet
19 of 343
Years of Service Recognition
Misti M. Urbanek
30 Years of Service
Public Packet
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Years of Service Recognition
Inez S. Thomas
30 Years of Service
Public Packet
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Years of Service Recognition
Karen V. Smith
30 Years of Service
Public Packet
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Years of Service Recognition
Kelly L. Kinjerski
30 Years of Service
Public Packet
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Years of Service Recognition
Richard T. Hawpetoss
30 Years of Service
Public Packet
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Years of Service Recognition
Terry A. Cornelius
30 Years of Service
Public Packet
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Years of Service Recognition
Rositta M. Cornelius
30 Years of Service
Public Packet
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Years of Service Recognition
Matthew J. Denny
30 Years of Service
Public Packet
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Years of Service Recognition
Mistylee R. Herzog
30 Years of Service
Public Packet
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Years of Service Recognition
Tina M. Jorgenson
30 Years of Service
Public Packet
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Years of Service Recognition
Kevin E. John
30 Years of Service
Public Packet
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Years of Service Recognition
Lisa A. Matchopatow
30 Years of Service
Public Packet
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Years of Service Recognition
Jacque L. Boyle
30 Years of Service
Public Packet
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Years of Service Recognition
Dennis J. Johnson Sr
30 Years of Service
Public Packet
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Years of Service Recognition
Dwaine M. Kerk
30 Years of Service
Public Packet
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Years of Service Recognition
Lisa A. Bartz
30 Years of Service
Public Packet
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Years of Service Recognition
Todd L. Mahlik
30 Years of Service
Public Packet
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Years of Service Recognition
Shelly A. Skenandore
30 Years of Service
Public Packet
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Years of Service Recognition
Jennifer H. Green
30 Years of Service
Public Packet
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Years of Service Recognition
Diane M. Wilson
25 Years of Service
Public Packet
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Years of Service Recognition
Scott D. Nickel
25 Years of Service
Public Packet
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Years of Service Recognition
Denise D. Sorenson
25 Years of Service
Public Packet
41 of 343
Years of Service Recognition
Alvin F. Summers
25 Years of Service
Public Packet
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Years of Service Recognition
Bradley J. Shimek
25 Years of Service
Public Packet
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Yawлʔkó·
Public Packet
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Oneida Police Department - Michael Krueger and Cristal Sanches Moreno
Business Committee Agenda Request
1. Meeting Date Requested:
2. Session:
[ZI Open
07/24/24
D Executive- must qualify under §107.4-1.
Justification: Choose or type justification.
3. Requested Motion:
D Accept as information; OR
Administer Oath of Office for two new hires: Michael Krueger and Cristal Sanches
Moreno
4. Areas potentially impacted or affected by this request:
D Finance
0 Law Office
D Gaming/Retail
D Other: Describe
D Programs/Services
O DTS
D Boards, Committees, or Commissions
5. Additional attendees needed for this request:
Eric Boulanger, Chief of Police
Joel Maxam, Assistant Chief of Police
Brandon Vande Hei, Lieutenant
Name, Title/Entity OR Choose from List
Revised: 08/25/2023
Page 1 of 2
Public Packet
45 of 343
6. Supporting Documents:
D Bylaws
D Contract Document(s)
D Correspondence
D Draft GTC Notice
0 Draft GTC Packet
D E-poll results/back-up
D Other: Describe
7. Budget Information:
D Fiscal Impact Statement
D Law
D Legal Review
D Minutes
0 MOU/MOA
D Petition
D Budgeted - Tribal Contribution
D Unbudgeted
D Other: Describe
D Presentation
D Report
D Resolution
D Rule (adoption packet)
D Statement of Effect
D Travel Documents
D Budgeted - Grant Funded
D Not Applicable
8. Submission:
Authorized Sponsor:
Richard Van Boxtel, Police Commission Chairman
Primary Requestor:
Eric Boulanger, Chief of Police
Revised: 08/25/2023
Page 2 of 2
Public Packet
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Oneida Police Department
P.O. Box 365, Oneida, WI 54155
�
000000
ONl:IDA
Eric H. Boulanger
Chief of Police
MEMORANDUM
To:
Oneida Business Committee �
From: Eric Boulanger, Chief of Police\..9'
Date: July 12, 2024
Subj: Oneida Police Department - Oath of Office for Michael Krueger and
Cristal Sanches Moreno
This is a request to administer the oath of office for two new hires:
Michael Krueger
Cristal Sanches Moreno
Thank you.
2783 Freedom Road • Oneida WI 54115
Oneida-nsn.gov
Public Packet
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Approve the July 10, 2024, regular Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
07/24/24
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: DRAFT materials/discussion
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☒ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☐ Not Applicable
☐ Budgeted – Grant Funded ☒ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
BPIGMAN
Public Packet
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DRAFT
Oneida Business Committee
Regular Meeting
8:30 AM Wednesday, July 10, 2024
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
REGULAR MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Yellowbird-Stevens, Treasurer Lawrence
Barton, Secretary Lisa Liggins, Council members: Jonas Hill, Kirby Metoxen, Jennifer Webster, Jameson
Wilson;
Not Present: Councilman Marlon Skenandore
Arrived at: n/a
Others present: Jo A. House, RaLinda Ninham-Lamberies , Mark W. Powless, Todd Vanden Heuvel (via
Microsoft Teams1), Debra Powless (via Microsoft Teams), Kaylynn Gresham (via Microsoft Teams), Lisa
Summers (via Microsoft Teams), Melanie Burkhart (via Microsoft Teams), Katsitsiyo Danforth (via
Microsoft Teams), Loucinda Conway (via Microsoft Teams), Justin Nishimoto (via Microsoft Teams), Lisa
Rauschenbach (via Microsoft Teams), Debra Danforth (via Microsoft Teams), Sidney White (via Microsoft
Teams), Louise Cornelius, Chad Fuss, Chad Jordan, Grace Elliott (via Microsoft Teams), Diahanna King
(via Microsoft Teams), Patricia King (via Microsoft Teams), Joyce King (via Microsoft Teams), Kristine Hill
(via Microsoft Teams), Ann McCotter (via Microsoft Teams), Michelle Hill (via Microsoft Teams), Danelle
Wilson (via Microsoft Teams), Fawn Billie (via Microsoft Teams), Fawn Cottrell (via Microsoft Teams),
Janice Decorah (via Microsoft Teams), Rhiannon Metoxen (via Microsoft Teams), David Jordan (via
Microsoft Teams), Maureen Perkins (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Debbie
Melchert (via Microsoft Teams), Clorissa Leeman (via Microsoft Teams), Rae Skenandore (via Microsoft
Teams), Dana McLester (via Microsoft Teams), Tavia James-Charles (via Microsoft Teams), Kevin House
(via Microsoft Teams), Carolyn Salutz (via Microsoft Teams), Lori Hill (via Microsoft Teams), Stacie
Cutbank (via Microsoft Teams), Sacheen Lawrence (via Microsoft Teams), Fern Orie (via Microsoft
Teams), Colleen Cornelius (via Microsoft Teams), Mary Graves (via Microsoft Teams), Lisa Duff (via
Microsoft Teams), Gregory Matson (via Microsoft Teams),), Connor Kestell (via Microsoft Teams),
Shannon Davis (via Microsoft Teams), Carol Silva (via Microsoft Teams), Amber Martinez (via Microsoft
Teams), Micheal Debraska (via Microsoft Teams), Harmony Hill (via Microsoft Teams), Cary
Waubanascum (via Microsoft Teams), Warren Stevens, Derrick Denny (via Microsoft Teams), Peter
Skenandore, Elaine Skenandore-Cornelius, Edward Delgado, Lindsey Blackowl, Aliskwet Ellis (via
Microsoft Teams), Bonnie Pigman (via Microsoft Teams);
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 8:30 a.m.
For the record: Councilman Marlon Skenandore is out on leave.
II.
OPENING (00:00:05)
Opening provided by Chairman Tehassi Hill.
1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file
sharing, and video meetings.
Oneida Business Committee
Regular Meeting Minutes
Page 1 of 10
July 10, 2024
Public Packet
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DRAFT
III.
ADOPT THE AGENDA (00:03:56)
Motion by Lisa Liggins to adopt the agenda with four (4) noted changes [1) delete item XI.B.2.; 2)
delete item XI.B.5.; 3) under the Travel Request section, add item entitled Approve the travel request Secretary Lisa Liggins - Assembly Democratic Campaign Committee Fundraiser - Wisconsin Dells, WI
- July 23-25, 2024; and 4) under the Travel Request section, add item entitled Approve the travel
request - Vice-Chairman Brandon Yellowbird-Stevens - Democratic National Convention - Chicago, IL August 1-21, 2024, seconded by Jennifer Webster. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
IV.
OATH OF OFFICE
A.
Bay Bancorporation Board of Directors - Elaine Skenandore-Cornelius and Fern
Orie (00:08:10)
Sponsor: Lisa Liggins, Secretary
B.
Oneida Election Board Ad-Hoc Committee - Colleen Cornelius and Kenneth
Skodowski (00:11:17)
Sponsor: Lisa Liggins, Secretary
C.
Oneida Election Board Alternates - Sacheen Lawrence (00:11:17)
Sponsor: Lisa Liggins, Secretary
D.
Oneida Nation Arts Board - Peter Skenandore (00:08:10)
Sponsor: Lisa Liggins, Secretary
E.
Southeastern Wisconsin Oneida Tribal Services Advisory Board - Harmony Hill
(00:11:17)
Sponsor: Lisa Liggins, Secretary
Oaths of office administered by Secretary Lisa Liggins. Elaine Skenandore-Cornelius and Peter
Skenandore were present. Colleen Cornelius, Fern Orie, Sacheen Lawrence, and Harmony Hill were
present via Microsoft Teams. Kenneth Skodowski was not present.
Oneida Business Committee
Regular Meeting Minutes
Page 2 of 10
July 10, 2024
Public Packet
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DRAFT
V.
MINUTES
A.
Approve the June 26, 2024, regular Business Committee meeting minutes
(00:14:38)
Sponsor: Lisa Liggins, Secretary
Motion by Kirby Metoxen to approve the June 26, 2024, regular Business Committee meeting minutes,
seconded by Lawrence Barton. Motion carried:
Ayes:
Lawrence Barton, Lisa Liggins, Kirby Metoxen, Jennifer Webster,
Brandon Yellowbird-Stevens
Abstained:
Jameson Wilson, Jonas Hill
Not Present:
Marlon Skenandore
For the record: Councilmen Jameson Wilson and Jonas Hill were on approved travel to Harvard
Business School.
Item VII.A. was addressed next.
VI.
APPOINTMENTS
A.
Determine next steps regarding five (5) vacancies - Oneida Election Board
Alternate (01:20:28)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to accept the selected applicants; to appoint Justine Huff, Mary King and
Lynette Jordan to the Oneida Election Board Alternates with terms ending upon ratification of the 2024
Special Election results, seconded by Jonas Hill. Motion carried:
Ayes:
Not Present:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Marlon Skenandore
For the record: Secretary Lisa Liggins stated I'd just like to note that the remaining vacancies for the
Oneida Election Board Alternates will not be posted as the special Election is only ten days away.
Item X.B. was addressed next.
Oneida Business Committee
Regular Meeting Minutes
Page 3 of 10
July 10, 2024
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DRAFT
VII.
TRAVEL REPORTS
A.
Approve the travel report - Councilman Jonas Hill - Native American Tourism of
Wisconsin (NATOW) Annual 2024 Conference - Red Cliff, WI - June 13 - 15, 2024
(00:15:26)
Sponsor: Jonas Hill, Councilman
Motion by Jennifer Webster to approve the travel report from Councilman Jonas Hill for the Native
American Tourism of Wisconsin (NATOW) Annual 2024 Conference in Red Cliff, WI on June 13 -15,
2024, seconded by Kirby Metoxen. Motion carried:
Ayes:
Lawrence Barton, Lisa Liggins, Kirby Metoxen, Jennifer Webster,
Jameson Wilson, Brandon Yellowbird-Stevens
Abstained:
Jonas Hill
Not Present:
Marlon Skenandore
VIII.
TRAVEL REQUESTS
A.
Approve the travel request - Councilwoman Jennifer Webster - Dept. of Health and
Human Services (HHS) Annual Regional Tribal Consultations - St. Paul, MN August 26-29, 2024 (00:15:54)
Sponsor: Jennifer Webster, Councilwoman
Motion by Jonas Hill to approve the travel request from Councilwoman Jennifer Webster to attend the
Dept. of Health and Human Services (HHS) Annual Regional Tribal Consultations in St. Paul, MN on
August 26-29, 2024, seconded by Jameson Wilson. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jameson
Wilson, Brandon Yellowbird-Stevens
Abstained:
Jennifer Webster
Not Present:
Marlon Skenandore
B.
Enter the e-poll results into the record regarding the approved the travel request
for Councilwoman Jennifer Webster to attend the PROGRESS Act Tribal
Consultation in Bloomington, MN on July 16-17, 2024 (00:16:23)
Sponsor: Lisa Liggins, Secretary
Motion by Jonas Hill to enter the e-poll results into the record regarding the approved the travel request
for Councilwoman Jennifer Webster to attend the PROGRESS Act Tribal Consultation in Bloomington,
MN on July 16-17, 2024, seconded by Jameson Wilson. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jameson
Wilson, Brandon Yellowbird-Stevens
Abstained:
Jennifer Webster
Not Present:
Marlon Skenandore
Oneida Business Committee
Regular Meeting Minutes
Page 4 of 10
July 10, 2024
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C.
Approve the travel request – Secretary Lisa Liggins – Assembly Democratic
Campaign Committee Fundraiser – Wisconsin Dells, WI - July 23-25, 2024
(00:17:01)
Sponsor: Lisa Liggins, Secretary
Motion by Jonas Hill to approve the travel request from Secretary Lisa Liggins and Councilman Jonas
Hill to attend the Assembly Democratic Campaign Committee Fundraiser in Wisconsin Dells, WI on
July 23 -25, 2024, seconded by Lawrence Barton. Motion carried:
Ayes:
Lawrence Barton, Lisa Liggins, Kirby Metoxen, Jennifer Webster,
Jameson Wilson, Brandon Yellowbird-Stevens
Abstained:
Jonas Hill
Not Present:
Marlon Skenandore
D.
Approve the travel request - Vice-Chairman Brandon Yellowbird-Stevens –
Democratic National Convention – Chicago, IL – August 19-21, 2024 (00:19:00)
Sponsor: Brandon Yellowbird-Stevens, Vice-Chairman
Motion by Jennifer Webster to approve the travel request from Vice-Chairman Brandon YellowbirdStevens and Treasurer Lawrence Barton to attend the Democratic National Convention in Chicago, IL
on August 1-21, 2024, seconded by Kirby Metoxen. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
IX.
NEW BUSINESS
A.
Accept the Emergency Management After Action Report regarding the April 2-6,
2024, severe weather event (00:19:34)
Sponsor: Kaylynn Gresham, Director/Emergency Management
Motion by Lisa Liggins to accept the Emergency Management After Action Report regarding the April
2-6, 2024, severe weather event, seconded by Jameson Wilson. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
B.
Research Request: Dr. Waubanascum & Dr. Beans - UW-Green Bay - “Nothing
about us, without us”: Community Engagement Collaboration with Oneida Nation
to Inform Tribal Research Protections – Review recommendation and determine
appropriate next steps (00:24:08)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to approve request "Nothing about us, without us" and to request researchers to
work with Councilman Jameson Wilson, Legislative Operating Committee Chairman regarding the
findings of the study, seconded by Jonas Hill. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
Oneida Business Committee
Regular Meeting Minutes
Page 5 of 10
July 10, 2024
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DRAFT
X.
GENERAL TRIBAL COUNCIL
A.
Approve the notice and materials for the September 8, 2024, tentatively scheduled
special General Tribal Council meeting (00:34:51)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to defer the notice and materials for the September 8, 2024, General Tribal
Council meeting to a special Business Committee Work Session Monday, July 15, 2024, and schedule
a special Business Committee meeting at 3:00 p.m. on Friday, August 2, 2024, for approval of the final
materials, seconded by Jennifer Webster. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
Councilman Kirby Metoxen left at 9:13 a.m.
Councilman Kirby Metoxen returned at 9:14 a.m.
B.
Schedule a special General Tribal Council meeting to address the Blackowl
petition # 2024-02 (00:54:30) ; (01:21:09)
Sponsor: Lisa Liggins, Secretary
Motion by Jameson Wilson to schedule a special General Tribal Council meeting on November 17,
2024, at 2:00 p.m. to address the Blackowl petition # 2024-02, seconded by Kirby Metoxen. Motion
withdrawn.
Motion by Lisa Liggins to defer items IX.B. and IX.C. until after Executive Session, seconded by
Jameson Wilson. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
Councilman Kirby Metoxen left at 9:40 a.m.
Councilman Kirby Metoxen returned at 9:45 a.m.
Item XI. was addressed next.
Motion by Lisa Liggins to schedule a special General Tribal Council meeting Monday, November 18,
2024, at 6:00 p.m. to address the Blackowl petition # 2024-02, seconded by Jennifer Webster. Motion
carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
Oneida Business Committee
Regular Meeting Minutes
Page 6 of 10
July 10, 2024
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DRAFT
C.
Schedule a special General Tribal Council meeting to address the On?yote?a?ká
ni?i Project Plan (01:22:20)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to schedule a special General Tribal Council meeting Monday, November 4,
2024 at 6;00 p.m. to address the On?yote?a?ka ni?i Project Plan, seconded by Jennifer Webster.
Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
For the record: Secretary Lisa Liggins this is a non-stipend General Tribal Council meeting, as directed
“by General Tribal Council”.
Item XI.A.1. was addressed next.
I.
EXECUTIVE SESSION (01:19:57)
Motion by Jennifer Webster to go into executive session at 9:50 a.m., seconded by Jonas Hill. Motion
carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
Roll call for the record:
Present: Treasurer Lawrence Barton; Councilman Jonas Hill; Chairman Tehassi Hill; Secretary
Lisa Liggins; Councilman Kirby Metoxen; Councilwoman Jennifer Webster; Vice-Chairman
Brandon Yellowbird-Stevens; Councilman Jameson Wilson;
Not present: Councilman Marlon Skenandore
Motion by Lawrence Barton to come out of executive session at 5:31 p.m., seconded by Jameson
Wilson. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
Item VI.A. was addressed next.
A.
REPORTS
1.
Accept the Chief Counsel report (01:23:34)
Sponsor: Jo Anne House, Chief Counsel
Motion by Jennifer Webster to accept the Chief Counsel report, seconded by Lisa Liggins. Motion
carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
Oneida Business Committee
Regular Meeting Minutes
Page 7 of 10
July 10, 2024
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DRAFT
2.
Accept the General Manager report (01:23:50)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to accept the General Manager report, seconded by Lisa Liggins. Motion
carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
3.
Accept the Hotel to Gaming Transition Committee July 2024 report (01:24:17)
Sponsor: Louise Cornelius, Gaming General Manager
Motion by Jennifer Webster to accept the Hotel to Gaming Transition Committee July 2024 report,
seconded by Brandon Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
Motion by Lisa Liggins to schedule a special General Tribal Council meeting on Monday, December
16, 2024, at 6:00 p.m. to address the Integrated Casino Resort proposal, seconded by Jennifer
Webster. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
B.
NEW BUSINESS
1.
Review Affordable Home Ownership Strategy/Veteran Loan Assessment and
determine next steps (01:24:52)
Sponsor: Mark W. Powless, General Manager
Motion by Brandon Yellowbird-Stevens to accept the report on Affordable Home Ownership
Strategy/Veteran Loan Assessment and direct the Treasurer, Chief Financial Officer, General Manager
and Chief Counsel to work together to identify/recommend funds to be used for the program in the
amount of four (4) million dollars for each of the two (2) programs, seconded by Jonas Hill. Motion
carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
2.
Review Elected Officials Wages memorandum and determine next steps
(01:25:28)
Sponsor: RaLinda Ninham-Lamberies, Chief Financial Officer
Motion by Brandon Yellowbird-Stevens to accept the discussion as information and forward the
memorandum to the August 8, 2024, Business Committee Work Session, seconded by Lawrence
Barton. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
Oneida Business Committee
Regular Meeting Minutes
Page 8 of 10
July 10, 2024
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DRAFT
3.
Review Four Fires – Residence Inn D.C. refinancing and determine next steps
(01:25:45)
Sponsor: Lawrence Barton, Treasurer
Motion by Jameson Wilson to remove Terry Cornelius as Oneida Nation’s representative on the Four
Fires LLC Board of Managers and appoint Ralinda Ninham-Lamberies, Chief Financial Officer, as the
Nation’s representative for such time as she shall hold the office of the Chief Financial Officer,
seconded by Jennifer Webster. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
4.
Review No Limits Basketball team request and determine next steps (01:26:21)
Sponsor: Lawrence Barton, Treasurer
Motion by Jennifer Webster to defer the item back to the sponsor for follow-up clarification, seconded
by Brandon Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
5.
Review YMCA proposal and determine next steps (01:26:36)
Sponsor: Justin Nishimoto, Economic Strategy Coordinator
Motion by Jennifer Webster to accept the discussion regarding the YMCA proposal as information and
direct the Chairman to send correspondence to the requestor, seconded by Jameson Wilson. Motion
carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
6.
Review 2024 Trade Back for Cash request and determine next steps (01:26:54)
(01:27:23) Sponsor: Todd VanDen Heuvel, Executive HR Director
Motion by Lawrence Barton to deny the Trade Back for Cash request for FY2024 in accordance with
section IV.A.5.n of the Personnel Policy and Procedures, the expense being unbudgeted for this fiscal
year and the analysis of the financial position of the Nation and potential fiscal conditions, seconded by
Jennifer Webster. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
Motion by Lawrence Barton to deny the Trade Back for Cash request for FY2025 in accordance with
IV.A.5.n of the Personnel Policy and Procedures, is not included in the proposed FY2025 budget,
seconded by Lisa Liggins. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
Oneida Business Committee
Regular Meeting Minutes
Page 9 of 10
July 10, 2024
Public Packet
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DRAFT
7.
Review application(s) for five (5) vacancies - Oneida Election Board Alternate
(01:27:51)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the discussion regarding the applications for the Oneida Election
Board Alternate vacancies as information, seconded by Brandon Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
XII.
ADJOURN (01:28:07)
Motion by Lawrence Barton to adjourn at 5:39 p.m., seconded by Kirby Metoxen. Motion carried:
Ayes:
Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jennifer
Webster, Jameson Wilson, Brandon Yellowbird-Stevens
Not Present:
Marlon Skenandore
Minutes prepared by Bonnie Pigman, Information Management Specialist.
Minutes approved as presented on
.
Lisa Liggins, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Regular Meeting Minutes
Page 10 of 10
July 10, 2024
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Adopt resolution entitled Oneida Nation Comprehensive Division HUD ONAP Tribal VASH Renewal
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MEMORANDUM
TO:
BC Agenda for July 24, 2024
FROM: Cheryl Stevens, Grants Office
DATE: July 16, 2024
RE:
2025 Tribal HUD Veterans Affairs Supportive Housing Program (VASH) to the U.S Department of
Housing and Urban Development's Office of Native American Program.
HUD had notified CHD that they needed a tribal resolution for the Tribal HUD VASH Grant
renewal funding for 2025. We didn’t need one before but was informed we will this year. The
VASH Program continues to assist 20 tribal Veteran families through a voucher program.
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # 07-24-24-X
Oneida Nation Comprehensive Division HUD ONAP Tribal VASH Renewal
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Nation is committed to the development and maintenance of Oneida housing
in order to meet the need of the Oneida community and Veterans; and
WHEREAS,
the Oneida Nation is submitting a renewal application for the 2025 Tribal HUD Veterans
Affairs Supportive Housing Program (VASH) to the U.S Department of Housing and Urban
Development's Office of Native American Programs for the purpose of providing housing
and rental assistance to Tribal Veterans in the amount of $270,000; and
WHEREAS,
if awarded, the Oneida Nation will be responsible for compliantly administering the Tribal
HUD VASH program for the purpose of providing rental and housing assistance to
Tribal Veterans; and
WHEREAS,
the Procedural Guidance for Tribal Housing and Urban Development-Veterans Affairs
Supportive Housing (Tribal HUD-VASH) Renewal Grant Application requires a Tribal
Resolution to evidence a Tribe's Authorization for a Tribal Organization to apply on its
behalf, if applicable, as part of the renewal grant application; and
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BC Resolution # 07-24-24-X
Oneida Nation Comprehensive Division HUD ONAP Tribal VASH Renewal
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NOW THEREFORE BE IT RESOLVED, that the Oneida Nation submits this resolution for the 2025 Tribal
HUD Veterans Affairs Supportive Housing Program (VASH) to the U.S Department of Housing and Urban
Development's Office of Native American Programs for the purpose of renewing our current VASH program
to help support the housing needs of Tribal Veterans.
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Adopt resolution entitled Office of Violence Against Women - FY2024 Tribal Sexual Assault Services...
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MEMORANDUM
TO:
BC Agenda for July 24, 2024
FROM: Cheryl Stevens, Grants Office
DATE: July 16, 2024
RE:
2024 Tribal Sexual Assault Services
The Oneida Nation Domestic Violence Program within Family Services recognizes the need to
support children, youth and families who are affected by domestic and sexual assault violence,
therefore plans to continue services that address the issues of all forms of abuse for our
community members. This program is currently running, and this grant will provide for another
3 years of services.
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # 07-24-24-X
Office of Violence Against Women – FY2024 Tribal Sexual Assault Services Program Grant
Application
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,
our Vision is a Nation of strong families built on Tsi?Niyukwliho T^ (Our Ways) and a strong
economy; and
WHEREAS,
the Oneida Nation has determined that the overall goal of the Oneida Nation is to protect,
maintain and improve the standard of living and the environment in which the Oneida
people live; and
WHEREAS,
the Oneida Nation has established the Domestic Violence Program within Family Services
to address the issues of all forms of abuse, and
WHEREAS,
the Oneida Business Committee recognizes the need to support children, youth and
families who are affected by domestic and sexual assault violence.
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BC Resolution # 07-24-24-X
Office of Violence Against Women – FY2024 Tribal Sexual Assault Services Program grant
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NOW THEREFORE BE IT RESOLVED, the Oneida Nation authorizes the Domestic Violence Program to
submit a grant application to the Office of Violence Against Women – FY2024 Tribal Sexual Assault
Services Program to enhance current sexual assault services and respond to clientele need with additional
resources. This grant will help to increase the quality of life of those served using culturally based systems
of care to help victims heal from trauma.
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Adopt resolution entitled Amendments to the Back Pay Law
Business Committee Agenda Request
1. Meeting Date Requested:
07/24/24
2. Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose or type justification.
3. Requested Motion:
☐ Accept as information; OR
Adopt the resolution entitled, Amendments to the Back Pay Law.
4. Areas potentially impacted or affected by this request:
☐ Finance
☐ Law Office
☐ Gaming/Retail
☐ Other: Describe
☐ Programs/Services
☐ MIS
☐ Boards, Committees, or Commissions
5. Additional attendees needed for this request:
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Revised: 04/25/2023
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6. Supporting Documents:
☐ Bylaws
☒ Fiscal Impact Statement
☐ Contract Document(s) ☒ Law
☒ Correspondence
☐ Legal Review
☐ Draft GTC Notice
☐ Minutes
☐ Draft GTC Packet
☐ MOU/MOA
☐ E-poll results/back-up ☐ Petition
☒ Other: Legislative Analysis
☐ Presentation
☐ Report
☒ Resolution
☐ Rule (adoption packet)
☒ Statement of Effect
☐ Travel Documents
7. Budget Information:
☐ Budgeted – Tribal Contribution
☐ Unbudgeted
☐ Other: Describe
☐ Budgeted – Grant Funded
☒ Not Applicable
8. Submission:
Authorized Sponsor:
Jameson Wilson, Councilmember
Primary Requestor:
Clorissa N. Leeman, LRO Senior Staff Attorney
Revised: 04/25/2023
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Oneida Business Committee
Jameson Wilson, LOC Chairperson
July 24, 2024
Adoption of Amendments to the Back Pay Law
Please find the following attached backup documentation for your consideration of the adoption
of amendments to the Back Pay law:
1.
2.
3.
4.
5.
6.
Resolution: Amendments to the Back Pay Law
Statement of Effect: Amendments to the Back Pay Law
Back Pay Law Amendments Legislative Analysis
Back Pay Law Amendments Draft (Redline)
Back Pay Law Amendments Draft (Clean)
Back Pay Law Amendments Fiscal Impact Statement
Overview
Amendments to the Back Pay law are being sought to clarify how the reinstatement of an employee
who had involuntary separation is handled, and how back pay is calculated and applied. The
purpose of the Back Pay law is to set forth standards used in the reinstatement of an employee and
the calculation of back pay for all employees of the Nation in accordance with the Nation’s laws.
[2 O.C. 206.1-1].The amendments to the Back Pay law:
▪ Include a new section in the law which provides for the reinstatement of employee who
had involuntary separation overturned and addresses such issues as:
▪ Requirement to hold a position pending litigation [2 O.C. 206.4-1];
▪ Amending the position description or eliminating the position pending an employee
appeal [2 O.C. 206.4-2];
▪ Reinstatement to the position the employee was involuntarily separated from [2
O.C. 206.4-3];
▪ Clarify that back pay calculations shall be made using the employee’s last wage in the
position which they were terminated from [2 O.C. 206.5-1]; and
▪ Clarify the circumstances in which an employee is not eligible to work, and therefore is
not eligible for back pay [2 O.C. 206.5-2(d)].
The Legislative Operating Committee developed the proposed amendments to the Back Pay law
through collaboration with representatives from the Oneida Law Office, Gaming Employee
Services, Human Resources Department, and the General Manager. The Legislative Operating
Committee held nine (9) work meetings on the development of the amendments to the Back Pay
law.
The development of the amendments to the Back Pay law complies with all processes and
procedures required by the Legislative Procedures Act, including the development of a legislative
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analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public
comment period. [1 O.C. 109.6, 109.7, 109.8].
The Legislative Operating Committee held two (2) public meetings on the proposed amendments
to the Back Pay law. The first public meeting was held on December 13, 2022. No individuals
provided public comments during this public meeting. The public comment period was then held
open until December 20, 2022. One (1) submission of written comments was received during this
public comment period. The Legislative Operating Committee reviewed and considered the public
comments received on February 1, 2023. A second public meeting was held on April 12, 2024.
One (1) person provided public comment during this public meeting. The public comment period
was then held open until April 19, 2024. No individuals provided written comments during this
public comment period. The Legislative Operating Committee reviewed and considered the public
comments received on June 11, 2024.
The amendments to the Back Pay law will become effective on August 7, 2024.
Requested Action
Adopt the Resolution: Amendments to the Back Pay Law
Page 2 of 2
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Amendments to the Back Pay Law
Summary
This resolution adopts amendments to the Back Pay law to clarify how the reinstatement of an
employee who had involuntary separation is handled, and how back pay is calculated and applied.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: July 10, 2024
Analysis by the Legislative Reference Office
This resolution adopts amendments to the Back Pay law. The purpose of the Back Pay law is to
set forth standards used in the reinstatement of an employee and the calculation of back pay for all
employees of the Nation in accordance with the Nation’s laws. [2 O.C. 206.1-1].The amendments
to the Back Pay law:
Include a new section in the law which provides for the reinstatement of employee who
had involuntary separation overturned and addresses such issues as:
Requirement to hold a position pending litigation [2 O.C. 206.4-1];
Amending the position description or eliminating the position pending an employee
appeal [2 O.C. 206.4-2];
Reinstatement to the position the employee was involuntarily separated from [2
O.C. 206.4-3];
Clarify that back pay calculations shall be made using the employee’s last wage in the
position which they were terminated from [2 O.C. 206.5-1]; and
Clarify the circumstances in which an employee is not eligible to work, and therefore is
not eligible for back pay [2 O.C. 206.5-2(d)].
Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),
which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the
purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Back Pay law amendments complied with all processes and procedures required by the
LPA, including the development of a legislative analysis, a fiscal analysis, and the opportunity for
public review during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8].
The Legislative Operating Committee held two (2) public meetings on the proposed amendments
to the Back Pay law. The first public meeting was held on December 13, 2022. No individuals
provided public comments during this public meeting. The public comment period was then held
open until December 20, 2022. One (1) submission of written comments was received during this
public comment period. The Legislative Operating Committee reviewed and considered the public
comments received on February 1, 2023. A second public meeting was held on April 12, 2024.
One (1) person provided public comment during this public meeting. The public comment period
was then held open until April 19, 2024. No individuals provided written comments during this
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public comment period. The Legislative Operating Committee reviewed and considered the public
comments received on June 11, 2024.
The amendments to the Back Pay law will become effective on August 7, 2024.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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FINANCE ADMINISTRATION
Fiscal Impact Statement
MEMORANDUM
TO:
RaLinda Ninham-Lamberies, Chief Financial Officer
FROM:
Rae Skenandore, Senior Analyst/Budget Coordinator
DATE:
June 24, 2024
RE:
Fiscal Impact of the Amendments to the Back Pay Law
I.
Estimated Fiscal Impact Summary
Law: Amendments to the Back Pay Law
Draft 3
Human Resource Department
Oneida Law Office
Implementing Agency
Estimated time to comply
Estimated Impact
Total Estimated Fiscal Impact
II.
Sr. Management or the highest position in the employee’s
chain of command.
Oneida Nation Judiciary
10 days, in compliance with the Legislative Procedures Act
Current Fiscal Year
10 Year Estimate
No Fiscal Impact
No Fiscal Impact
Background
This Law was adopted by the Oneida Business Committee by resolution BC-05-24-06-PP in 2006
and amended through resolutions BC-06-23-10-F, BC-08-3 13-14-C, and BC-10-26-16-A.
The purpose of the Back Pay law is to set standards for reinstating an employee and calculating back pay.
The amendments to the legislation include the following:
A new section was added to the law to clarify how an employee reinstatement is handled
whan an involuntary separation is overturned.
Clarify the wage to be used in calculating back pay.
Language was added to clarify when an employee is not eligible to work and therefore
not eligible for backpay.
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III.
Methodology and Assumptions
A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year financial
effects associated with legislation and includes startup costs, personnel, office, documentation
costs, as well as an estimate of the amount of time necessary for an agency to comply with the
Law after implementation.
Finance does NOT identify the source of funding for the estimated cost or allocate any funds to
the legislation.
The analysis was completed based on the information provided as of the date of this memo.
III.
Executive Summary of Findings
As stated, this Law has been in place since 2016. There are no start-up costs, no increases in
personnel are needed, and no increases in office or documentation costs. The implementing
agencies are prepared to implement all changes when approved.
III. Financial Impact
There is no fiscal impact of implementing this legislation.
IV. Recommendation
Finance Department does not make a recommendation in regards to course of action in this
matter. Rather, it is the purpose of this report to disclose potential financial impact of this
legislation, so that the Oneida Business Committee and General Tribal Council has the
information with which to render a decision.
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BACK PAY LAW AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
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Include a new section in the law which provides for the reinstatement of
employee who had involuntary separation overturned and addresses such
issues as:
Requirement to hold a position pending litigation [2 O.C. 206.4-1];
amending the position description or eliminating the position pending
an employee appeal [2 O.C. 206.4-2];
Reinstatement to the position the employee was involuntarily
separated from [2 O.C. 206.4-3];
Clarify that back pay calculations shall be made using the employee’s last
wage in the position which they were terminated from [2 O.C. 206.5-1];
Clarify the circumstances in which an employee is not eligible to work,
and therefore is not eligible for back pay [2 O.C. 206.5-2(d)].
The purpose of this law is to set forth standards used in the reinstatement of
an employee and the calculation of back pay for all employees of the Nation
in accordance with the Nation’s law. [2 O.C. 206.1-1].
Oneida Law Office, General Manager, Gaming General Manager, Retail
General Manager, Human Resources Department Executive Director, Oneida
Nation Judiciary, Employees of the Nation
A public meeting was held on December 13, 2022, with a public comment
period held open until December 20, 2022. An additional public meeting was
held on April 12, 2024, with a public comment period held open until April
19, 2024.
The Finance Administration provided a fiscal impact statement on July 2,
2024.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Back Pay law was originally adopted by the Oneida Business Committee in 2006
through resolution BC-05-24-06-PP, and then amended through resolutions BC-06-23-10-F, BC-0813-14-C, and BC-10-26-16-A. The purpose of the Back Pay law is to set forth standards used in the
reinstatement of an employee and the calculation of back pay for all employees of the Nation in
accordance with the Nation’s law. [2 O.C. 206.1-1]. It is the policy of the Nation to have consistent
and standard procedures for the management of employee reinstatement and back pay. [2 O.C. 206.12].
B. Request for Amendments. On the September 14, 2022, the Oneida Business Committee adopted a
motion to request the Legislative Operating Committee consider amendments to the Back Pay law. The
Legislative Operating Committee added this legislative item to its Active Files List on September 21,
2022.
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SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
amendments to the Back Pay law and this legislative analysis:
Oneida Law Office;
Human Resources Department;
General Manager; and
Gaming Employee Services.
B. The following laws were reviewed in the drafting of this analysis:
Back Pay law;
Oneida Personnel Policies and Procedures;
Drug and Alcohol Free Workplace law;
Furlough law; and
Investigative Leave Policy.
SECTION 4. PROCESS
A. The development of the proposed amendments to the Back Pay law complies with the process set forth
in the Legislative Procedures Act (LPA).
On September 14, 2022, the Oneida Business Committee adopted a motion to request the
Legislative Operating Committee to add the Back Pay Policy to the active files agenda and to
release the confidential memo to the Legislative Reference Office as a confidential document.
On September 21, 2022, the Legislative Operating Committee added the Law to its Active Files
List.
On October 5, 2022, the Legislative Operating Committee approved the draft of the proposed
amendments to the Back Pay law and directed that a legislative analysis be developed.
On October 19, 2022, the Legislative Operating Committee approved the updated draft and
legislative analysis.
On November 2, 2022, the Legislative Operating Committee approved the public meeting
packet and forwarded the Back Pay law amendments to a public meeting to be held on
December 13, 2022.
The public meeting was held on December 13, 2022, in person in the Norbert Hill Center and
on Microsoft Teams. No individuals provided public comment during the public meeting.
The public comment period was held open until December 20, 2022. One (1) submission of
written comments was received during the public comment period.
On February 1, 2023, the Legislative Operating Committee to accepted the public comments
and the public comment review memorandum and deferred these items to a work meeting for
further consideration. The Legislative Operating Committee reviewed and considered these
comments later that same day.
On February 15, 2023, the Legislative Operating Committee accepted the updated public
comment review memorandum.
On October 4, 2023, the Legislative Operating Committee readded the Back Pay law
amendments to its Active Files List for the 2023-2026 legislative term.
On March 6, 2024, the Legislative Operating Committee approved the updated materials
contained in the public meeting packet for the Back Pay law amendments, and forwarded the
Back Pay law amendments to a public meeting to be held on April 12, 2024.
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On April 12, 2024, a public meeting was held regarding the proposed amendments to the Back
Pay law. One (1) person provided public comment during this public meeting.
On April 19, 2024, the public comment period for the proposed amendments to the Back Pay
law closed. No individuals provided written comments during the public comment period.
On June 5, 2024, the Legislative Operating Committee accepted the public comments and the
public comment review memorandum and deferred these items to a work meeting for further
consideration.
On June 11, 2024, the Legislative Operating Committee reviewed and considered the public
comments received.
On June 19, 2024, the Legislative Operating Committee approved the updated public comment
review memorandum, draft, and legislative analysis; and approved the fiscal impact statement
request memorandum and forwarded the materials to the Finance Department directing that a
fiscal impact statement be prepared and submitted to the LOC by July 3, 2024.
On July 2, 2024, the Finance Administration provided the Legislative Operating Committee
the fiscal impact statement for the proposed amendments to the Law.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this Law:
September 29, 2022: LOC work session;
October 13, 2022: LOC work session;
February 1, 2023: LOC work session;
March 14, 2023: LOC work session with HRD.
January 3, 2024: LOC work session.
January 17, 2024: LOC work session.
February 1, 2024: LOC work session.
February 20, 2024: LOC work session with HRD, Oneida Law Office, General Manager, and
Gaming Employee Services.
June 11, 2024: LOC work session.
July 11, 2024: LOC work session.
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Back Pay Statistics
Employees of the Nation may receive back pay for a couple different reasons such as (1) overturned
suspensions, separations, and employment terminations; (2) an investigative leave that ends with the
employee returning to their position with no discipline; and (3) missed work time for reasonable suspicion
drug test that produces a negative result.
Below please find some statistics provided by the Oneida Law Office regarding employment appeals and
back pay awards related to each reason listed above.
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SECTION 5. CONTENTS OF THE LEGISLATION
A. Holding a Position Pending Appeals and Reinstatement. A new section added to the Law through
these amendments addresses reinstatement of an employee who was involuntarily separated. [2 O.C.
206.4]. This new section requires that when an employee is involuntarily separated and thereafter
appeals said involuntary separation, the disciplining supervisor may only fill the employee's former
position with an interim or temporary employee until the appeal has fully run its course, which includes
any appeal timelines to the area manager, the Trial Court, or the Appellate Court. [2 O.C. 206.4-1].
Additionally, this section of the Law provides that notwithstanding the requirement to hold an
employee's position pending the employee's appeal as provided in section 206.4-1, a supervisor or
business unit may amend the affected position description or eliminate the affected position while an
employment appeal is pending to respond to extreme financial distress that could negatively impact the
Nation. [2 O.C. 206.4-2]. Extreme financial distress is defined to mean a situation in which an entity
cannot generate sufficient revenues or income, making it unable to meet or pay its financial obligations,
due to situations including, but is not limited to, natural or human-made disasters; United States
Government shutdown; emergency proclamations; and economic downturn. [2 O.C. 206.3-1(g)].The
determination to amend an affected position description or eliminate an affected position is then
required to be approved by the Human Resources Department Executive Director and either the General
Manager, Gaming General Manager, Retail General Manager, or the highest position in the employee’s
chain of command for non-divisional employees. [2 O.C. 206.4-2(a)]. This new section then goes on
to provide that should an employee's appeal of an involuntary separation result in the separation being
overturned, the reviewing party shall order the employee be reinstated to the position from which the
employee was involuntary separated. [2 O.C. 206.4-3]. In the event the position the employee was
involuntarily separated from has been eliminated, or the employee is no longer eligible for the position
based on amendments to the position description, the order to reinstate shall be deemed satisfied and
the back pay end date shall be the date of the reviewing party's decision. [2 O.C. 206.4-3(a)].
Effect. The overall purpose of this new section to the Law is to provide direction and clarification
on how the reinstatement of an employee who had an involuntary separation overturned is handled,
so that it can be handled in a consistent manner throughout the Nation.
B. Back Pay Calculations. The proposed amendments to the Law clarify that back pay calculations shall
be made using the employee’s last wage in the position which they were involuntarily separated from.
[2 O.C. 206.5-1].
Effect. This provision of the Law clarifies what wage of an employee should be used when
calculating back pay.
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C. Explanation of When an Employee is Not Eligible to Work. The Law provides that the Nation shall
not include time when an employee would not have been eligible to work in the calculation of any back
pay amount. [2 O.C. 206.5-2(d)]. The proposed amendments to the Law provides greater clarification
by providing a list of examples of when an employee is not eligible to work, which includes such
circumstances such as when an employee is on layoff or furlough status at the time of termination;
when a position is eliminated or inactive as part of the Nation’s response extreme financial distress;
when an employee would have been on medical leave at the time of the involuntary separation; and
when an employee would otherwise not be eligible to work in the position from which they were
separated from in accordance with the position description based on applicable grant requirements
when a position is grant funded, applicable laws of the Nation, including, but not limited to, the Vehicle
Driver Certification and Fleet Management law, and a criminal conviction. [2 O.C. 206.5-2(d)(1)-(4)].
Effect. This provision of the Law clarifies when it should be considered that an employee is not
eligible to work, and therefore is not eligible for back pay.
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SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to the Back Pay law:
Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and
Procedures is to provide for the Nation’s employee related policies and procedures including
recruitment, selection, compensation and benefits, employee relations, safety and health, program
and enterprise rules and regulations, and record keeping.
Section V.D of the Oneida Personnel Policies and Procedures specifically addresses
complaints, disciplinary actions and grievances. Section V.D.6 provides that any employee
who receives a disciplinary action which he/she believes is unfair may grieve the action.
Section V.D.6.f.5 then provides that the Oneida Personnel Commission may: uphold the
disciplinary action; or overturn the disciplinary action and either reinstate the employee with
full back pay for any lost time or reinstate the employee without back pay.
The Back Pay law will now address the reinstatement of an employee who has an involuntary
separation overturned in section 206.4, as well as provide greater clarification on how back pay
is calculated in section 206.5.
Drug and Alcohol Free Workplace Law. It is the policy of the Nation to establish a drug and
alcohol-free workplace program that balances respect for individuals with the need to maintain an
alcohol and drug-free environment. [2 O.C. 202.1-1].
The Drug and Alcohol Free Workplace law provides that it is the employee’s responsibility to
cooperate with the requests made by Employee Health Nursing and the Medical Review
Officer. [2 O.C. 202.5-2(e)]. An employee who fails to cooperate and does not contact the
Medical Review Officer within twenty-four (24) hours of receiving contact shall not receive
back pay for any time between the date the Medical Review Officer placed the call until the
time the employee does return the call of the Medical Review Officer. Id.
The Drug and Alcohol Free Workplace law provides that during drug and alcohol testing for
reasonable suspicion, an employee shall be immediately removed from duty without pay at the
time of initiation of the reasonable suspicion drug and alcohol testing and specimen collection
until the employer is notified by Employee Health Nursing of negative results on both the drug
and alcohol tests, or Medical Review Officer verified negative test results. [2 O.C. 202.10-2].
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If the employee is reinstated after confirmation of drug and alcohol testing results, back pay
shall be provided in accordance with the Back Pay law. [2 O.C. 202.10-3].
Furlough Law. The purpose of the Furlough law is to enable the Nation to implement a furlough
program in response to an interruption of governmental revenues or operations, insufficient treasury
funds or other emergencies/ unplanned events as determined by the Oneida Business Committee in
accordance with this law; establish a consistent and equitable process for implementation of a
furlough program; and incorporate Indian preference into the furlough program and require that it
be applied in accordance with this law. [2 O.C. 205.1-1].
The Furlough law provides that except when an employee successfully appeals being placed
on furlough status in violation of this law, employees placed in furlough status shall not be
eligible for back pay upon their return to work. [2 O.C. 205.8-6].
Investigative Leave Policy. The purpose of the Investigative Leave Policy is to address
investigative leave for employees undergoing work-related investigations. [2 O.C. 208.1-1].
The Investigative Leave Policy provides that an employee placed on investigative leave shall
not receive any wages or benefits unless placed in an alternative work assignment, and that if
the employee refuses the alternative work assignment and is returned to work, the employee
shall not receive any back pay or benefits. [2 O.C. 208.10-2].
The Investigative Leave Policy provides that an employee shall receive back pay and benefits
for the time the employee was on investigative leave pursuant to the Back Pay law if all of the
following occur: the employee was not offered an alternative work assignment when placed on
investigative leave; the employee is returned to his or her position; and the employee is not
disciplined based on the investigation. [2 O.C. 208.10-4].
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SECTION 7. OTHER CONSIDERATIONS
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A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC202
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
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Act,” provides further clarification on who the Legislative Operating Committee may direct complete
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a fiscal impact statement at various stages of the legislative process, as well as timeframes for
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completing the fiscal impact statement.
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Conclusion. On July 2, 2024, the Finance Administration provided the Legislative Operating
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Committee with a fiscal impact statement for the proposed amendments to the Law. Please see the
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fiscal impact statement for further information.
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Title 2. Employment – Chapter 206
BACK PAY
Tashakotik@lyahke> kayanl^hsla>
back pay law
BACK PAY AND REINSTATEMENT
206.1. Purpose and Policy
206.2. Adoption, Amendment, Appeal
206.3. Definitions
206.4. Back Pay Calculation
206.5. Back Pay Process
206.1. Purpose and Policy
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206.2. Adoption, Amendment, Appeal
206.3. Definitions
206.4. Holding a Position Pending Appeals and Reinstatement
206.5. Back Pay Calculation
206.6. Back Pay Process
206.1. Purpose and Policy
206.1-1. Purpose. The purpose of this law is to set forth standards used in the reinstatement of a
employee, and the calculation of back pay for all employees of the Nation in accordance with the
Nation’s law.
206.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for the
management of employee reinstatement and back pay.
206.2. Adoption, Amendment, AppealRepeal
206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP
and amended by resolutions BC-06-23-10-F, BC-08-13-14-C and, BC-10-26-16-A., and BC-____-__-__.
206.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
206.2-3. 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.
206.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
206.3. Definitions
206.3-1. 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) “Appellate Court” means the branch of the Nation’s Judiciary delegated the authority
of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal
Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and
Bylaws of the Oneida Nation.
(a)(b) “Advocate” means a non-attorney person as provided by law and other person who
is admitted to practice law and is presented to the court as the representative or advisor to
a party.
(b)(c) “Back pay” means money damages owed to the employee for a salary or wage to
compensate the employee as determined by the formulas set forth within this law.
(c)(d) “Consequential damages” means damages that are not a direct and immediately
2 O.C. 206 – Page 1
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result of an act, but a consequence of the initial act, including but not limited to penalties
on early withdrawal of retirement account.
(d) “Consultant” means a professional who is contracted externally whose expertise is
provided on a temporary basis for a fee.
(e) “Earnings” includes vacation/ or personal time, shift differential, holiday pay, merit
increases, bonuses and incentives, employment benefits and income received during the
back pay period.
(f) “Employee” means any individual who is employed by the Nation and is subject to the
direction and control of the Nation with respect to the material details of the work
performed, or who has the status of an employee under the usual common law rules
applicable to determining the employer-employee relationship. “Employee” includes, but
is not limited to;, an individual employed by any program or enterprise of the Nation, but
does not include elected or appointed officials, or individuals employed by a Tribally
Chartered Corporation. For purposes of this law, individuals employed under an
employment contract as a limited term employee are employees of the Nation, not
consultants.
(g) “Extreme financial distress” means a situation in which an entity cannot generate
sufficient revenues or income, making it unable to meet or pay its financial obligations,
due to situations including, but is not limited to:
(1) natural or human-made disasters;
(2) United States Government shutdown;
(3) emergency proclamations; and
(4) economic downturn.
(g)(h) “Involuntarily separated” means an employee removed from employment through
whatever means, other than a layoff, by the employer. This shall include, but is not limited
to, investigative leave, suspension or termination.
(h)(i) "Judiciary" means Oneida Nation Judiciary, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V
of the Constitution and Bylaws of the Oneida Nation.
(i)(j) “Nation” means the Oneida Nation.
(j)(k) “Punitive damages” means monetary compensation awarded to an injured party that
goes beyond that which is necessary to compensate the individual for losses and that is
intended to punish the other party.
(l) “Reviewing party” means the area manager or the Trial Court.
(m) “Trial Court” means the Trial Court of the Oneida Nation Judiciary authorized to
administer the judicial authorities and responsibilities of the Nation by Oneida General
Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the
Constitution and Bylaws of the Oneida Nation.
206.4. Holding a Position Pending Appeals and Reinstatement
206.4-1. Requirement to Hold the Position Pending Litigation. When an employee is involuntarily
separated and thereafter appeals said involuntarily separation, the disciplining supervisor may only
fill the employee's former position with an interim or temporary employee until the appeal has
fully run its course, which includes any appeal timelines to the area manager, the Trial Court, or
the Appellate Court.
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206.4-2. Amending the Position Description or Eliminating the Position Pending an Employee
Appeal. Notwithstanding the requirement to hold an employee's position pending an employee's
appeal as provided in section 206.4-1, a supervisor or business unit may amend the affected
position description or eliminate the affected position while an employment appeal is pending to
respond to extreme financial distress that could negatively impact the Nation.
(a) The determination to amend an affected position description or eliminate an affected
position shall be approved by the Human Resources Executive Director and either the:
(1) General Manager;
(2) Gaming General Manager;
(3) Retail General Manager; or
(4) the highest position in the employee’s chain of command for non-divisional
employees.
206.4-3. Reinstatement to the Position the Employee was Involuntarily Separated From. Should
an employee's appeal of an involuntarily separation result in the involuntarily separation being
overturned, the reviewing party shall order the employee be reinstated to the position from which
the employee was involuntarily separated.
(a) In the event the position the employee was involuntarily separated from has been
eliminated, or the employee is no longer eligible for the position based on amendments to
the position description, the order to reinstate shall be deemed satisfied and the back pay
end date shall be the date of the reviewing party's decision.
206.5. Back Pay Calculation
206.45-1. Back Pay Limitations. Back pay shall only include the items identifiedcalculations shall
be made using the employee's last wage in the position which they were involuntarily separated
from. Back pay, in all circumstances, shall be limited to the calculation set forth in this Section as
they relate to the employee. section. Back pay shall include and be subject to the following as it is
related to the employee:
(a) Vacation/ and Personal Time Accrual. Employees shall receive prorated credit for
vacation/ and personal time which would have accrued during the back pay period.
(1) Reinstated employees shall be credited for vacation/ and personal time. If the
crediting of vacation/ and personal time would result in the employee exceeding
the accrual cap pursuant to the Nation’s laws, rules and policies, then any amount
over that cap shall be provided as a cash payout. Non-reinstated employees shall
be paid out vacation/ and personal time in lieu of crediting personal/ and vacation
time.
(b) Shift Differential. Shift differential shall be included in the back pay amount to the
extent it is a part of the employee’s regularly scheduled hours.
(c) Tips. If the employee received pooled tips at the time of involuntary separation, tips
shall be included in the total back pay amount at the same tip rate that other employees in
the same position and on the same shift received on the same dates.
(1) If the employee received individual tips at the time of involuntary separation,
the employee shall be ineligible for tips during the back pay period.
(d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the
employee would have received such pay if the employee had not been involuntarily
separated.
(e) Merit Increases. The hourly rate used to calculate back pay shall be increased
according to the merit increase system/ or standard used by the employee’s supervisor
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during the back pay period and willshall include any increases from Oneida Business
Committee or General Tribal Council directives.
(1) The effective date of the employee’s merit increase shall be the same as the
effective date for other employees in the same department. Retroactive increases
shall be calculated back to the retroactive date used for other employees in the same
department.
(2) The most recent performance review issued to the employee prior to being
involuntarily separated shall be used to determine the level of merit increase.
However, if the employee appealed the performance review to the Human Resource
Department Manager prior to involuntary separation, a method under the Nation’s
laws, rules and policies shall be used to determine the merit increase.
(f) Bonuses and Incentives. All bonus and incentive payments for which the employee
would have been eligible during the back pay period shall be included in the total back pay
amount, except for non-monetary gifts distributed by the Nation to all employees (e.g.
winter gift) or other non-monetary benefits, such as clothing allowance.
(g) Employment Benefits. Employee benefits shall be subject to the provisions in this
section.
(1) Insurance Benefits. Coverage by the Nation for health insurance, dental
insurance, vision insurance, life insurance, long-term disability and short-term
disability coverage shall continue during an involuntary separation, except in the
event of a termination where the coverage willshall discontinue. The Nation shall
deduct the employee’s share of premiums paid from any back pay award.
(A) If the employee’s circumstances have changed during the back pay period
and such circumstances affect the employee’s insurance needs, the employee
shall notify the Nation of such changes at the time of reinstatement.
(B) An employee who is reinstated shall sign a waiver from Purchased
Referred Care authorizing a review of the back pay period to determine if
Purchased Referred Care services were rendered. If Purchased Referred Care
determines services were rendered during the back pay period, an employee
shall timely submit insurance information to Purchased Referred Care in
order for Purchased Referred Care to retroactively bill the insurance provider
to recoup funds for those services rendered during the back pay period.
(C) If the employee refuses to sign an authorization waiver from Purchased
Referred Care, the employee willshall not be eligible to receive any back pay
award.
(2) Flexible Benefit Plan Contributions. If a terminated employee was contributing
to the Nation’s flexible benefit plan at the time of termination, the status of the
employee’s flex benefit plan shall be subject to the provisions of the Internal
Revenue Code.
(3) Retirement Benefit Contributions. In the event the employee was participating
in the Nation’s retirement plan at the time of involuntary separation, the employee
shall be responsible for contacting the retirement plan administrator and
reactivating contributions.
(A) The employee may choose whether to have the employee’s contribution
to the retirement plan that would have been made during the back pay period
deducted from the total back pay amount and deposited into the employee’s
retirement account.
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(B) If the employee was eligible for employer matching contributions at the
time of involuntary separation and the employee chooses to make a
contribution through back pay, the Nation shall contribute the employer
match into the employee’s retirement account.
(C) If the employee was not participating in the Nation’s retirement plan or
chooses not to make contributions through the back pay process, then the
Nation shall not make employer match contributions into the employee’s
retirement account.
(h) Income Received During the Back Pay Period.
(1) Unemployment Benefits. Depending upon the unemployment compensation
financing option elected by the Nation, either:
(A) Any unemployment compensation paid by the Nation to the State of
Wisconsin for an involuntarily separated employee shall be deducted from
the employee’s back pay award; or
(B) The employee is directly responsible for the reimbursement to the State
of Wisconsin. The Nation shall send a copy of the completed and signed
settlement agreement to the appropriate state department. The state then may
determine the amount, if any, of unemployment compensation benefits
received during the back pay period should be repaid.
(2) Income Received Through Employment. Except as provided in section 4206.51(h)(2)(B), income earned by an employee during the back pay period shall be
deducted from the total back pay amount.
(A) The employee shall provide information to verify the amount of or lack
of earned income and sign an affidavit attesting to the amount of or lack of
earned income.
(B) If the employee worked an additional job prior to being involuntarily
separated and continued working in the same capacity, the income earned
from that employment shall not be deducted from the total back pay amount
to the extent that the income is consistent with pre-involuntary separation
earnings. Where the employee worked the additional job, the employee shall
provide information from the employer to verify the income earned before
and during the back pay period.
206.45-2. Payments Not Allowed. The Nation shall not include the following in any back pay
amount:
(a) Punitive damages;
(b) Consequential damages;
(c) Attorney’s or advocate’s fees;
(d) Time when the employee would not have been eligible to work;. An employee is not
eligible to work in circumstances including, but not limited to, the following:
(1) When an employee is on layoff or furlough status at the time of involuntary
separation;
(2) When a position is eliminated or inactive as part of the Nation’s response to
extreme financial distress;
(3) When an employee would have been on medical leave at the time of involuntary
separation; and
(4) When an employee would otherwise not be eligible to work in the position from
which they were separated from in accordance with the position description based
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on:
(A) applicable grant requirements when the position is grant funded;
(B) applicable laws of the Nation including, but not limited to, the Vehicle
Driver Certification and Fleet Management law; and
(C) a criminal conviction;
(e) Monies normally paid for additional duties while working where an alternate employee
assumed that function while the employee was involuntarily separated, unless the
additional duties are a part of such involuntarily separated employee’s regular schedule.
206.45-3. Back Pay Period. Calculation of back pay begins on the day the employee is
involuntarily separated and ends on the day the employee is reinstated.
(a) If the employee is reinstated but refuses to return to work, the back pay period ends on
the date reinstatement would have taken effect, but was refused by the employee.
(b) Back pay shall be calculated by taking the employee’s average hours worked during
the fifty-two (52) week period immediately preceding the date of the involuntary separation
and divide that amount by the number of weeks worked.
(1) If the employment prior to the involuntary separation was less than fifty-two
(52) weeks, the back pay shall be calculated by taking the employee’s average hours
worked and divide that amount by the number of weeks worked.
(2) If the involuntary separation period involves a fractional week, the indemnity
shall be paid for each day of a fractional week at the rate of the average number
of hours worked per day immediately prior to the involuntary separation. For the
purposes of this section, immediately prior means the twelve (12) full work weeks
immediately preceding the involuntary separation. Provided that, under extenuating
circumstances related to business needs of the Nation wherein the Oneida Law
Office determines that considering hours worked per day immediately prior would
be unfair, an alternative reasonable timeframe may be used.
206.56. Back Pay Process
206.56-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose
of implementing this law.
206.56-2. Internal departments shall cooperate as necessary with the Oneida Law Office in
providing information needed to assemble and prepare the back pay agreement.
206.56-3. A reasonable effort shall be made to complete the back pay agreement within thirty (30)
calendar days, starting the day after the party to the grievance action provides to the Oneida Law
Office a judgment ordering back pay or the results of an investigation or test showing the employee
is cleared of any wrongdoing.
206.56-4. An employee not receiving back pay in accordance with the back pay agreement may
seek enforcement by the Judiciary.
End.
Adopted - BC-505-24-06-PP
Amended - BC-06-23-10-F
Amended - BC-08-13-14-C
Amended - BC-10-26-16-A
Amended – BC-__-__-__-__
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Title 2. Employment – Chapter 206
Tashakotik@lyahke> kayanl^hsla>
back pay law
BACK PAY AND REINSTATEMENT
206.1. Purpose and Policy
206.2. Adoption, Amendment, Appeal
206.3. Definitions
206.4. Holding a Position Pending Appeals and Reinstatement
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206.5. Back Pay Calculation
206.6. Back Pay Process
206.1. Purpose and Policy
206.1-1. Purpose. The purpose of this law is to set forth standards used in the reinstatement of a
employee, and the calculation of back pay for all employees of the Nation in accordance with the
Nation’s law.
206.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for the
management of employee reinstatement and back pay.
206.2. Adoption, Amendment, Repeal
206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP
and amended by resolutions BC-06-23-10-F, BC-08-13-14-C, BC-10-26-16-A, and BC-__-__-____.
206.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
206.2-3. 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.
206.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
206.3. Definitions
206.3-1. 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) “Appellate Court” means the branch of the Nation’s Judiciary delegated the authority
of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal
Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and
Bylaws of the Oneida Nation.
(b) “Advocate” means a non-attorney person as provided by law and other person who is
admitted to practice law and is presented to the court as the representative or advisor to a
party.
(c) “Back pay” means money damages owed to the employee for a salary or wage to
compensate the employee as determined by the formulas set forth within this law.
(d) “Consequential damages” means damages that are not a direct and immediately result
of an act, but a consequence of the initial act, including but not limited to penalties on early
withdrawal of retirement account.
(e) “Earnings” includes vacation or personal time, shift differential, holiday pay, merit
2 O.C. 206 – Page 1
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increases, bonuses and incentives, employment benefits and income received during the
back pay period.
(f) “Employee” means any individual who is employed by the Nation and is subject to the
direction and control of the Nation with respect to the material details of the work
performed, or who has the status of an employee under the usual common law rules
applicable to determining the employer-employee relationship. “Employee” includes, but
is not limited to, an individual employed by any program or enterprise of the Nation but
does not include elected or appointed officials, or individuals employed by a Tribally
Chartered Corporation. For purposes of this law, individuals employed under an
employment contract as a limited term employee are employees of the Nation, not
consultants.
(g) “Extreme financial distress” means a situation in which an entity cannot generate
sufficient revenues or income, making it unable to meet or pay its financial obligations,
due to situations including, but is not limited to:
(1) natural or human-made disasters;
(2) United States Government shutdown;
(3) emergency proclamations; and
(4) economic downturn.
(h) “Involuntarily separated” means an employee removed from employment through
whatever means, other than a layoff, by the employer. This shall include, but is not limited
to investigative leave, suspension or termination.
(i) "Judiciary" means Oneida Nation Judiciary, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V
of the Constitution and Bylaws of the Oneida Nation.
(j) “Nation” means the Oneida Nation.
(k) “Punitive damages” means monetary compensation awarded to an injured party that
goes beyond that which is necessary to compensate the individual for losses and that is
intended to punish the other party.
(l) “Reviewing party” means the area manager or the Trial Court.
(m) “Trial Court” means the Trial Court of the Oneida Nation Judiciary authorized to
administer the judicial authorities and responsibilities of the Nation by Oneida General
Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the
Constitution and Bylaws of the Oneida Nation.
206.4. Holding a Position Pending Appeals and Reinstatement
206.4-1. Requirement to Hold the Position Pending Litigation. When an employee is involuntarily
separated and thereafter appeals said involuntarily separation, the disciplining supervisor may only
fill the employee's former position with an interim or temporary employee until the appeal has
fully run its course, which includes any appeal timelines to the area manager, the Trial Court, or
the Appellate Court.
206.4-2. Amending the Position Description or Eliminating the Position Pending an Employee
Appeal. Notwithstanding the requirement to hold an employee's position pending an employee's
appeal as provided in section 206.4-1, a supervisor or business unit may amend the affected
position description or eliminate the affected position while an employment appeal is pending to
respond to extreme financial distress that could negatively impact the Nation.
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(a) The determination to amend an affected position description or eliminate an affected
position shall be approved by the Human Resources Executive Director and either the:
(1) General Manager;
(2) Gaming General Manager;
(3) Retail General Manager; or
(4) the highest position in the employee’s chain of command for non-divisional
employees.
206.4-3. Reinstatement to the Position the Employee was Involuntarily Separated From. Should
an employee's appeal of an involuntarily separation result in the involuntarily separation being
overturned, the reviewing party shall order the employee be reinstated to the position from which
the employee was involuntarily separated.
(a) In the event the position the employee was involuntarily separated from has been
eliminated, or the employee is no longer eligible for the position based on amendments to
the position description, the order to reinstate shall be deemed satisfied and the back pay
end date shall be the date of the reviewing party's decision.
206.5. Back Pay Calculation
206.5-1. Back Pay Limitations. Back pay calculations shall be made using the employee's last
wage in the position which they were involuntarily separated from. Back pay, in all circumstances,
shall be limited to the calculation set forth in this section. Back pay shall include and be subject to
the following as it is related to the employee:
(a) Vacation and Personal Time Accrual. Employees shall receive prorated credit for
vacation and personal time which would have accrued during the back pay period.
(1) Reinstated employees shall be credited for vacation and personal time. If the
crediting of vacation and personal time would result in the employee exceeding the
accrual cap pursuant to the Nation’s laws, rules and policies, then any amount over
that cap shall be provided as a cash payout. Non-reinstated employees shall be paid
out vacation and personal time in lieu of crediting personal and vacation time.
(b) Shift Differential. Shift differential shall be included in the back pay amount to the
extent it is a part of the employee’s regularly scheduled hours.
(c) Tips. If the employee received pooled tips at the time of involuntary separation, tips
shall be included in the total back pay amount at the same tip rate that other employees in
the same position and on the same shift received on the same dates.
(1) If the employee received individual tips at the time of involuntary separation,
the employee shall be ineligible for tips during the back pay period.
(d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the
employee would have received such pay if the employee had not been involuntarily
separated.
(e) Merit Increases. The hourly rate used to calculate back pay shall be increased
according to the merit increase system or standard used by the employee’s supervisor
during the back pay period and shall include any increases from Oneida Business
Committee or General Tribal Council directives.
(1) The effective date of the employee’s merit increase shall be the same as the
effective date for other employees in the same department. Retroactive increases
shall be calculated back to the retroactive date used for other employees in the same
department.
(2) The most recent performance review issued to the employee prior to being
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involuntarily separated shall be used to determine the level of merit increase.
However, if the employee appealed the performance review to the Human Resource
Department Manager prior to involuntary separation, a method under the Nation’s
laws, rules and policies shall be used to determine the merit increase.
(f) Bonuses and Incentives. All bonus and incentive payments for which the employee
would have been eligible during the back pay period shall be included in the total back pay
amount, except for non-monetary gifts distributed by the Nation to all employees (e.g.
winter gift) or other non-monetary benefits, such as clothing allowance.
(g) Employment Benefits. Employee benefits shall be subject to the provisions in this
section.
(1) Insurance Benefits. Coverage by the Nation for health insurance, dental
insurance, vision insurance, life insurance, long-term disability and short-term
disability coverage shall continue during an involuntary separation, except in the
event of a termination where the coverage shall discontinue. The Nation shall
deduct the employee’s share of premiums paid from any back pay award.
(A) If the employee’s circumstances have changed during the back pay period
and such circumstances affect the employee’s insurance needs, the employee
shall notify the Nation of such changes at the time of reinstatement.
(B) An employee who is reinstated shall sign a waiver from Purchased
Referred Care authorizing a review of the back pay period to determine if
Purchased Referred Care services were rendered. If Purchased Referred Care
determines services were rendered during the back pay period, an employee
shall timely submit insurance information to Purchased Referred Care in
order for Purchased Referred Care to retroactively bill the insurance provider
to recoup funds for those services rendered during the back pay period.
(C) If the employee refuses to sign an authorization waiver from Purchased
Referred Care, the employee shall not be eligible to receive any back pay
award.
(2) Flexible Benefit Plan Contributions. If a terminated employee was contributing
to the Nation’s flexible benefit plan at the time of termination, the status of the
employee’s flex benefit plan shall be subject to the provisions of the Internal
Revenue Code.
(3) Retirement Benefit Contributions. In the event the employee was participating
in the Nation’s retirement plan at the time of involuntary separation, the employee
shall be responsible for contacting the retirement plan administrator and
reactivating contributions.
(A) The employee may choose whether to have the employee’s contribution
to the retirement plan that would have been made during the back pay period
deducted from the total back pay amount and deposited into the employee’s
retirement account.
(B) If the employee was eligible for employer matching contributions at the
time of involuntary separation and the employee chooses to make a
contribution through back pay, the Nation shall contribute the employer
match into the employee’s retirement account.
(C) If the employee was not participating in the Nation’s retirement plan or
chooses not to make contributions through the back pay process, then the
Nation shall not make employer match contributions into the employee’s
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retirement account.
(h) Income Received During the Back Pay Period.
(1) Unemployment Benefits. Depending upon the unemployment compensation
financing option elected by the Nation, either:
(A) Any unemployment compensation paid by the Nation to the State of
Wisconsin for an involuntarily separated employee shall be deducted from
the employee’s back pay award; or
(B) The employee is directly responsible for the reimbursement to the State
of Wisconsin. The Nation shall send a copy of the completed and signed
settlement agreement to the appropriate state department. The state then may
determine the amount, if any, of unemployment compensation benefits
received during the back pay period should be repaid.
(2) Income Received Through Employment. Except as provided in section 206.51(h)(2)(B), income earned by an employee during the back pay period shall be
deducted from the total back pay amount.
(A) The employee shall provide information to verify the amount of or lack
of earned income and sign an affidavit attesting to the amount of or lack of
earned income.
(B) If the employee worked an additional job prior to being involuntarily
separated and continued working in the same capacity, the income earned
from that employment shall not be deducted from the total back pay amount
to the extent that the income is consistent with pre-involuntary separation
earnings. Where the employee worked the additional job, the employee shall
provide information from the employer to verify the income earned before
and during the back pay period.
206.5-2. Payments Not Allowed. The Nation shall not include the following in any back pay
amount:
(a) Punitive damages;
(b) Consequential damages;
(c) Attorney’s or advocate’s fees;
(d) Time when the employee would not have been eligible to work. An employee is not
eligible to work in circumstances including, but not limited to, the following:
(1) When an employee is on layoff or furlough status at the time of involuntary
separation;
(2) When a position is eliminated or inactive as part of the Nation’s response to
extreme financial distress;
(3) When an employee would have been on medical leave at the time of involuntary
separation; and
(4) When an employee would otherwise not be eligible to work in the position from
which they were separated from in accordance with the position description based
on:
(A) applicable grant requirements when the position is grant funded;
(B) applicable laws of the Nation including, but not limited to, the Vehicle
Driver Certification and Fleet Management law; and
(C) a criminal conviction;
(e) Monies normally paid for additional duties while working where an alternate employee
assumed that function while the employee was involuntarily separated, unless the
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additional duties are a part of such involuntarily separated employee’s regular schedule.
206.5-3. Back Pay Period. Calculation of back pay begins on the day the employee is
involuntarily separated and ends on the day the employee is reinstated.
(a) If the employee is reinstated but refuses to return to work, the back pay period ends on
the date reinstatement would have taken effect, but was refused by the employee.
(b) Back pay shall be calculated by taking the employee’s average hours worked during
the fifty-two (52) week period immediately preceding the date of the involuntary separation
and divide that amount by the number of weeks worked.
(1) If the employment prior to the involuntary separation was less than fifty-two
(52) weeks, the back pay shall be calculated by taking the employee’s average hours
worked and divide that amount by the number of weeks worked.
(2) If the involuntary separation period involves a fractional week, the indemnity
shall be paid for each day of a fractional week at the rate of the average number
of hours worked per day immediately prior to the involuntary separation. For the
purposes of this section, immediately prior means the twelve (12) full work weeks
immediately preceding the involuntary separation. Provided that, under extenuating
circumstances related to business needs of the Nation wherein the Oneida Law
Office determines that considering hours worked per day immediately prior would
be unfair, an alternative reasonable timeframe may be used.
206.6. Back Pay Process
206.6-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose of
implementing this law.
206.6-2. Internal departments shall cooperate as necessary with the Oneida Law Office in
providing information needed to assemble and prepare the back pay agreement.
206.6-3. A reasonable effort shall be made to complete the back pay agreement within thirty (30)
calendar days, starting the day after the party to the grievance action provides to the Oneida Law
Office a judgment ordering back pay or the results of an investigation or test showing the employee
is cleared of any wrongdoing.
206.6-4. An employee not receiving back pay in accordance with the back pay agreement may
seek enforcement by the Judiciary.
End.
Adopted - BC-05-24-06-PP
Amended - BC-06-23-10-F
Amended - BC-08-13-14-C
Amended - BC-10-26-16-A
Amended – BC-__-__-__-__
2 O.C. 206 – Page 6
Public Packet
96 of 343
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # 07-24-24-X
Amendments to the Back Pay Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Back Pay law (“the Law”) was adopted by the Oneida Business Committee through
resolution BC-05-24-06-PP, and then amended through resolutions BC-06-23-10-F, BC08-13-14-C, and BC-10-26-16-A; and
WHEREAS,
the purpose of this Law is to set forth standards used in the reinstatement of an employee
and the calculation of back pay for all employees of the Nation in accordance with the
Nation’s law; and
WHEREAS,
the amendments to the Law include a new section which provides for the reinstatement of
employee who had involuntary separation overturned and addresses such issues as: the
requirement to hold a position pending litigation, amending the position description or
eliminating the position pending an employee appeal, and reinstatement to the position the
employee was involuntarily separated from; and
WHEREAS,
the amendments to the Law clarify that back pay calculations shall be made using the
employee’s last wage in the position which they were terminated from; and
WHEREAS,
the amendments to the Law clarify the circumstances in which an employee is not eligible
to work, and therefore is not eligible for back pay; and
WHEREAS,
the Legislative Operating Committee developed the proposed amendments to the Law
through collaboration with representatives from the Oneida Law Office, Gaming Employee
Services, Human Resources Department, and the General Manager; and
WHEREAS,
in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact
statement were completed for the proposed amendments to the Law; and
WHEREAS,
the Legislative Operating Committee held two (2) public meetings on the proposed
amendments to the Law; and
Public Packet
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97 of 343
BC Resolution 07-24-24-X
Amendments to the Back Pay Law
Page 2 of 2
WHEREAS,
a public meeting for the proposed amendments to this Law was held on December 13,
2022, with no individuals providing oral comments, and the public comment period for the
amendments to this Law was held open until December 20, 2022, with one (1) submission
of written comments received; and
WHEREAS,
the Legislative Operating Committee reviewed and considered the public comments
received on February 1, 2023, and any changes have been incorporated into this draft; and
WHEREAS,
an additional public meeting for the proposed amendments to this Law was held on April
12, 2024, with one (1) individual providing oral comments, and the public comment period
for the amendments to this Law was held open until April 19, 2024, with no written
comments received; and
WHEREAS,
the Legislative Operating Committee reviewed and considered the public comments
received on June 11, 2024, and any changes have been incorporated into this draft; and
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments
to the Back Pay law which shall become effective on August 7, 2024.
Public Packet
98 of 343
Adopt resolution entitled Adoption of the FY-2024-2027 Oneida Nation Tribal Transportation Improvement
Public Packet
99 of 343
Public Packet
From:
To:
Subject:
Date:
100 of 343
Oneida Law
Troy D. Parr
We have received your contract
Tuesday, July 16, 2024 10:28:08 AM
Your U.S. Interior, Dept. of contract has been received and assigned to an attorney. When making inquiries
about this contract, please reference the assigned file number: 2024-0817.
Please allow 10 business days for the legal review. Should you need an immediate review, please contact the
Oneida Law Office at 869-4327. Keep in mind that this does not include time for obtaining a review from
Central Purchasing, the appropriate signatures and processing by Central Purchasing and/or Accounting.
The approval process may take additional time should the contract need Gaming Commission and/or
Business Committee approval.
Yaw"ko (Thank you).
Oneida Law Office
N7210 Seminary Road
Post Office Box 109
Oneida, WI 54155
Office: 920-869-4327
Fax: 920-869-4065
e-mail: Oneida_Law@oneidanation.org
CONFIDENTIALITY NOTICE:
This information is for the personal and confidential use of the designated recipient and may be a privileged
and confidential attorney-client communication. If the reader is not the designated recipient or an agent
responsible for delivery to the designated recipient, you have received this information in error and any
review, dissemination, distribution or copying of this information is strictly prohibited. If you have received
this information in error, please notify us immediately at oneida_law@oneidanantion.org and destroy the
original transmission and its attachments without reading or saving in any manner. Thank you.
Public Packet
101 of 343
ONEIDA LAW OFFICE
CONFIDENTIAL: ATTORNEY/CLIENT WORK PRODUCT
TO:
Troy D Parr
Community Development Department
Use this number on future correspondence:
2024-0817
FROM: Carl J. Artman, Staff Attorney
DATE: July 18, 2024
RE:
U.S. Department of Interior Bureau of Indian
Affairs-FY 2024 Referenced Funding Agreement
Tribal Transportation Program Agreement
(A22AV01063)
Purchasing Department Use
Contract Approved
Contract Not Approved
(see attached explanation)
If you have any questions or comments regarding this review, please call 869-4327.
The attached agreement, contract, policy and/or guaranty has been reviewed by the Oneida Law
Office for legal content only. Please review for compliance with the current budget resolution
prior to entering said contract. Please note the following:
•
The document is in appropriate legal form. (Execution is a management decision.)
Public Packet
102 of 343
Public Packet
103 of 343
FY2024 REFERENCED FUNDING AGREEMENT
Pursuant to Oneida Nation‘s
Tribal Transportation Program Agreement (A22AV01063 )
With the Bureau of Indian Affairs
Section 1.
Authority. This Referenced Funding Agreement (RFA) is entered into by the
Director, Bureau of Indian Affairs (BIA), on behalf of the Secretary of the Interior, and by the
Oneida Nation (Tribe) and together with the BIA (collectively “the Parties”), pursuant to the
Tribal Transportation Program Agreement (Program Agreement) between the Parties for
comprehensive transportation planning, research, design, engineering, construction, maintenance
of highway, road, bridge, parkway, or transit facility programs or projects that are located on, or
which provide access to, the Oneida Nation along with related program administration activities
and associated transportation services authorized by the Tribal Transportation Program (TTP), 23
U.S.C. §§ 201-202, as amended by the Surface Transportation Reauthorization Act of 2021
(STRA-21), Div. A of Pub. L. 117-58 (November 15, 2021), also colloquially known as the
“Bipartisan Infrastructure Law,” or “BIL,” 25 C.F.R. Part 170 and 23 C.F.R. Part 661 (together,
the “TTP Regulations”), and in accordance with the Indian Self-Determination and Education
Assistance Act (ISDEAA), Pub. L. 93-638, as amended, 25 U.S.C. § 5301 et seq., including for
purposes of Federal Tort Claims Act coverage, and by resolution of the Tribe’s governing body.
Section 2.
Effective Date. This RFA is effective upon its approval and execution by
authorized representatives of the Tribe and BIA, except that if the Program Agreement is not yet
in effect, then this RFA shall become effective upon approval of the Program Agreement by
authorized representatives of the Tribe and BIA.
Section 3.
Purpose. The purpose of this RFA is to identify the source and amounts of funds
for Fiscal Year 2024 made available to the Tribe under the Program Agreement, the time and
method of payment, and such other provisions as the Parties agree in writing, if any, as provided
below.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 1 of 4
FY24 STRA-21 RFA
Public Packet
104 of 343
Section 4.
Summary of Funds. The total amount and sources of funding provided under
this RFA are as follows:
Prior Year Funds (If Applicable)
IRR Program Funds
TTP Funds FAST ACT
TTP Transportation Planning Funds (2%) FAST ACT
TTP Funds STRA-21
TTP Transportation Planning Funds (2%) STRA-21
Highway Infrastructure Program Funds
TTP Safety Funds
Tribal Transportation Facility Bridge Program Funds
Other Prior Year Funds
Total Prior Year Funding
$
-
FY 2024 Tribal Transportation Program Funds and Other FHWA Funds
TTP Funds
TTP Transportation Planning Funds (2%)
Highway Infrastructure Programs Supplemental Funds, PL 118-42, Div F, $150M
TTP Safety Funds
TTP HPP
Tribal Transportation Facility Bridge Program Funds
Other Federal Lands Highway Program Funds
Funds Transferred under Intergovernmental Fund Transfer Agreement
Other Funds as described in Attached Agreement
Funds Retained under Retained Services Addendum (RSA)
Total FY 2024 Funding
$
$
$
1,416,868.00
32,383.00
511,550.00
$
1,960,801.00
Total Amount for this RFA
$
1,960,801.00
Page 2 of 4
FY24 STRA-21 RFA
Public Packet
105 of 343
Section 5.
Time and Method of Payment. Subject to the availability of funds, and the
execution of this RFA by both Parties, the Director shall provide to the Tribe or its designee the
funds identified in Section 4 of this RFA in a single advance payment within thirty (30) calendar
days. This transfer shall be made electronically. The final amounts available in the fiscal year are
subject to the determination of the Tribe’s share and other funds described under Article II,
Section 2.A of the Program Agreement.
Section 6.
Amendments. Except as otherwise provided by the Program Agreement, any
modification of this RFA shall be in the form of a written amendment and shall require the
signatures of the authorized representatives of the Tribe and the Director.
Section 7.
Retained Services. In accordance with Article IV, Section 7.B., of the Program
Agreement, and upon agreement of both parties, the Director will perform the activities
identified in the attached “Retained Services Addendum” (RSA), if any. The funds identified in
the RSA shall be retained by the Director. Any funds retained under this RSA that are not
expended by the Director as of September 1st of the respective funding year shall be obligated to
the Tribe’s Program Agreement prior to September 30th of that funding year.
Section 8.
Fiscal Year 2025 Referenced Funding Agreement. The Parties shall
commence negotiation of a successor RFA at the beginning of Fiscal Year 2025, with the
intention that the FY2024 RFA be made available for use as soon as possible after October 1,
2024.
Page 3 of 4
FY24 STRA-21 RFA
Public Packet
106 of 343
Oneida Nation
United States Department of Interior
Bureau of Indian Affairs
By
By
Date
Tehassi Hill
Chairman
Genevieve Giaccardo
Deputy Bureau Director
Office of Indian Services
Date
Page 4 of 4
FY24 STRA-21 RFA
Public Packet
107 of 343
FY2024 REFERENCED FUNDING AGREEMENT
Pursuant to Oneida Nation‘s
Tribal Transportation Program Agreement (A22AV01063 )
With the Bureau of Indian Affairs
Section 1.
Authority. This Referenced Funding Agreement (RFA) is entered into by the
Director, Bureau of Indian Affairs (BIA), on behalf of the Secretary of the Interior, and by the
Oneida Nation (Tribe) and together with the BIA (collectively “the Parties”), pursuant to the
Tribal Transportation Program Agreement (Program Agreement) between the Parties for
comprehensive transportation planning, research, design, engineering, construction, maintenance
of highway, road, bridge, parkway, or transit facility programs or projects that are located on, or
which provide access to, the Oneida Nation along with related program administration activities
and associated transportation services authorized by the Tribal Transportation Program (TTP), 23
U.S.C. §§ 201-202, as amended by the Surface Transportation Reauthorization Act of 2021
(STRA-21), Div. A of Pub. L. 117-58 (November 15, 2021), also colloquially known as the
“Bipartisan Infrastructure Law,” or “BIL,” 25 C.F.R. Part 170 and 23 C.F.R. Part 661 (together,
the “TTP Regulations”), and in accordance with the Indian Self-Determination and Education
Assistance Act (ISDEAA), Pub. L. 93-638, as amended, 25 U.S.C. § 5301 et seq., including for
purposes of Federal Tort Claims Act coverage, and by resolution of the Tribe’s governing body.
Section 2.
Effective Date. This RFA is effective upon its approval and execution by
authorized representatives of the Tribe and BIA, except that if the Program Agreement is not yet
in effect, then this RFA shall become effective upon approval of the Program Agreement by
authorized representatives of the Tribe and BIA.
Section 3.
Purpose. The purpose of this RFA is to identify the source and amounts of funds
for Fiscal Year 2024 made available to the Tribe under the Program Agreement, the time and
method of payment, and such other provisions as the Parties agree in writing, if any, as provided
below.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 1 of 4
FY24 STRA-21 RFA
Public Packet
108 of 343
Section 4.
Summary of Funds. The total amount and sources of funding provided under
this RFA are as follows:
Prior Year Funds (If Applicable)
IRR Program Funds
TTP Funds FAST ACT
TTP Transportation Planning Funds (2%) FAST ACT
TTP Funds STRA-21
TTP Transportation Planning Funds (2%) STRA-21
Highway Infrastructure Program Funds
TTP Safety Funds
Tribal Transportation Facility Bridge Program Funds
Other Prior Year Funds
Total Prior Year Funding
$
-
FY 2024 Tribal Transportation Program Funds and Other FHWA Funds
TTP Funds
TTP Transportation Planning Funds (2%)
Highway Infrastructure Programs Supplemental Funds, PL 118-42, Div F, $150M
TTP Safety Funds
TTP HPP
Tribal Transportation Facility Bridge Program Funds
Other Federal Lands Highway Program Funds
Funds Transferred under Intergovernmental Fund Transfer Agreement
Other Funds as described in Attached Agreement
Funds Retained under Retained Services Addendum (RSA)
Total FY 2024 Funding
$
$
$
1,416,868.00
32,383.00
511,550.00
$
1,960,801.00
Total Amount for this RFA
$
1,960,801.00
Page 2 of 4
FY24 STRA-21 RFA
Public Packet
109 of 343
Section 5.
Time and Method of Payment. Subject to the availability of funds, and the
execution of this RFA by both Parties, the Director shall provide to the Tribe or its designee the
funds identified in Section 4 of this RFA in a single advance payment within thirty (30) calendar
days. This transfer shall be made electronically. The final amounts available in the fiscal year are
subject to the determination of the Tribe’s share and other funds described under Article II,
Section 2.A of the Program Agreement.
Section 6.
Amendments. Except as otherwise provided by the Program Agreement, any
modification of this RFA shall be in the form of a written amendment and shall require the
signatures of the authorized representatives of the Tribe and the Director.
Section 7.
Retained Services. In accordance with Article IV, Section 7.B., of the Program
Agreement, and upon agreement of both parties, the Director will perform the activities
identified in the attached “Retained Services Addendum” (RSA), if any. The funds identified in
the RSA shall be retained by the Director. Any funds retained under this RSA that are not
expended by the Director as of September 1st of the respective funding year shall be obligated to
the Tribe’s Program Agreement prior to September 30th of that funding year.
Section 8.
Fiscal Year 2025 Referenced Funding Agreement. The Parties shall
commence negotiation of a successor RFA at the beginning of Fiscal Year 2025, with the
intention that the FY2024 RFA be made available for use as soon as possible after October 1,
2024.
Page 3 of 4
FY24 STRA-21 RFA
Public Packet
110 of 343
Oneida Nation
United States Department of Interior
Bureau of Indian Affairs
By
By
Date
Tehassi Hill
Chairman
Genevieve Giaccardo
Deputy Bureau Director
Office of Indian Services
Date
Page 4 of 4
FY24 STRA-21 RFA
Public Packet
111 of 343
Name of
Tribe
- -- Priority
BIA
Route#
Current Year Annual
ONEIDA NATION
Section
Project
Length
Year of
Constr
-
1,960,801
$
Transportation Allocation
Tribal Transportation Improvement Plan
Road Name
Location (Start and End Points)
Description of Work
-
All Planning, Prelim Eng., Arch, Env,
ROW Activities will be included as
TOTAL PE costs per Project
Estimated Costl
Who/How Work Done
Construction
. . I
Who/How
Work Done
Estimated Cost
Other
Total
Estimated Cost
Estimated Cost
Construction Engineering
.
Estimated Cost
I
Who/How
Work Done
1
1040
10
0.7
2021
Smit Farm (Peter Hill Lane/Bread Creek Village)
extend community roads, new bituminous surface
$
20,000
Tribe
$
20,000
Tribe
$
1,500
Tribe
$
41,500
2
1048
10
0.1
2021
Maple Leaf west (Cattails Marsh Neighborhood)
Road construction
$
50,000
Tribe
$
750,000
Tribe
$
15,000
Tribe
$
815,000
3
1043
10
0.1
2021
Manders Court (Metoxen Land / Uskah Village)
Road construction
$
10,000
Tribe
$
40,000
Tribe
$
5,000
Tribe
$
55,000
4
NA
NA
NA
2021
Oneida - Pedestrian Trail Infrastructure Project
$
10,000
Tribe
$
90,000
Tribe
$
100,000
NA
NA
NA
NA
TTP Road Maintenance
(TTP Construction Funds for TTP Road Maintenance)
$
850,000
$
850,000
NA
NA
NA
NA
TTP Transportation Planning (LRTP & Inventory work)
(TTP Construction Funds for TTP Transportation Planning)
$
99,301
$
99,301
$.
.1,96..Q.,801
FY24 Totals
Public Packet
Priority
BIA
Route#
Section
112 of 343
Project
Length
All Planning, Prelim Eng., Arch, Env,
ROW Activities will be included as
T OTAL PE costs per Project
Road Name
Year of
Constr
Location (Start and End Points)
Description of Work
Estimated Cost
I
Who/How Work Done
.
Construction
Estimated Cost
I
Who/How
Work Done
.
Other
Total
Estimated Co.st
Estimated Cost
Construction Engineering
Estimated Cost
I
Who/How
Work Done
1
1048
10
0.1
2022
Maple Leaf west (Cattails Marsh Neighborhood)
$
50,000
Tribe
$
750,000
Tribe
$
50,000
Tribe
$
850,000
2
1043
10
0.1
2022
Manders Court (Metoxen Land/ Uskah Village)
$
10,000
Tribe
$
25,000
Tribe
$
5,000
Tribe
$
40,000
$
50,000
Tribe
$
120,801
Tribe
$
10,000
Tribe
$
170,801
Road construction
Road construction
3
NA
NA
NA
2022
NA
NA
NA
NA
NA
NA
NA
NA
Oneida - Pedestrian Trail Infrastructure Project
TTP Road Maintenance
$
800,000
$
800,000
$
100,000
$
100,000
.s
1�801
(TTP Construction Funds for TTP Road Maintenance)
TTP Transportation Planning (LRTP & Inventory work)
(TTP Construction Funds for TTP Transportation Planning)
.,
..
FY25 Total
Public Packet
Priority
1
BIA
Route#
1307
Section
20
113 of 343
Project
Length
0.22
2023
All Planning, Prelim Eng., Arch, Env,
ROW Activities will be included as
TOTAL PE costs per Project
Road Name
Year of
Constr
Location (Start and End Points)
Description of Work
Minoka Hill Drive
Estimated Cost
I
Who/How Work Done
.
Construction
Estimated Cost
I
Who/How
Work Done
.
Other
Total
Estimated Cost
Estimated Cost
Construction Engineering
Estimated Cost
I
Who/How
Work Done
$
1,000
Tribe
$
2,500
Tribe
$
1,000
Tribe
$
4,500
$
50,000
Tribe
$
1,000,000
Tribe
$
5,000
Tribe
$
1,055,000
mill & overtay
2
5022
810
1.2
2023
Seminary Road (Ranch to CTH E)
Road construction
3
1048
10
0.1
2023
Maple Leaf west (Cattails Marsh Neighborhood)
$
2,500
Tribe
$
25,000
Tribe
$
5,000
Tribe
$
32,500
4
1043
10
0.1
2023
Manders Court {Metoxen Land/ Uskah Village)
$
2,000
Tribe
$
25,000
Tribe
$
2,000
Tribe
$
29,000
$
15,000
Tribe
$
200,000
Tribe
$
15,000
Tribe
$
230,000
Road construction
Road construction
5
1029
10
0.3
2023
Sand Hill Court
mill & overtay
NA
NA
NA
NA
TTP Road Maintenance
NA
NA
NA
NA
TTP Transportation Planning (LRTP & Inventory work)
(TTP Construction Funds for TTP Transportation Planning)
$
509,801
$
509,801
$
100,000
$
100,000
i
1,960.801
(TTP Construction Funds for TTP Road Maintenance)
--
r: r
_ 26 Total
Public Packet
Priority I
BIA
Route#
2
I
Section
114 of 343
I
Project
Length
I
Year of
Constr
I
All Planning, Prelim Eng., Arch, Env,
ROW Activities will be included as
TOTAL PE costs per Project
Road Name
Location (Start and End Points)
Description of Work
Estimated Cost
Who/How Work Done
I
Construction
Estimated Cost
Who/How
Work Done
5022
810
1.2
2024
!Seminary Road (Ranch to CTH E)
$
50,000
Tribe
$
500,000
Tribe
NA
NA
NA
2024
Oneida - Pedestrian Trail Infrastructure Project
$
30,000
Tribe
$
300,000
Tribe
NA
NA
NA
NA ITTP Road Maintenance
NA
NA
NA
NA
Road construction
$
50,000
Other
Section
List only those sections that will be worked on along witih corresponding length
Location
List start and end points of where work will be perfonmed (road names, rivers, end, etc.)
638
List as much detail as you can including existing road type and work to be performed
!',l
�
�-�
Provide dollaramounts that you estimate will be required for each projecVphase
utilizing new funds from that year only. Prior year money obligated to contract
should not be listed here.
'·
Estimated Cost
600,000
$
330,000
$
900,000 $
900,000
$
130,801 I$
130,801
Who/How Work Done: Possible Choices
BIA
Total
$
Tribe
(TTP Construction Funds for TTP Transportation Planning)
List all routes tihat will be worked on.
I
Who/How
.
I Estimated Cost I
Work Done
ITTP Transportation Planning (LRTP & Inventory work)
BIA Route#
Estimated Cost:
Estimated Cost
(TTP Construction Funds for TTP Road Maintenance)
Project lnfonmation:
Description
of Work
I Construction Engineering I
BIA will perform direct service (DS) work for the Tribe as outlined in a Retained Service Agreement (RSA)
as approved/signed by the Tribe and BIA.
(Self Detenmination, G2G, and Self Gov Tribes can all elect to receive these services)
Self Detenmination Tribe will enter into a P638 contract witih the BIA and either perfonm work witih
in-house staff or subcontract work out to consultanVcontractor.
Coop
Tribe can receive funding through a P638 contract, G2G, or Self Gov Agreement. Tribe will then
enter into a 2-party (Coop) agreement with County, State, Township etc. who will usually serve as
the lead agency for the project.
Tribe
Tribe administers program/project through a Self Governance or G2G Agreement.
Public Packet
115 of 343
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # 07-24-24-X
Adoption of the FY-2024-2027 Oneida Nation Tribal Transportation Improvement Plan (TTIP) and
Tribal Transportation Program Agreement (TTP/G2G) including Corresponding Referenced
Funding Agreements (RFA)
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,
adequate transportation infrastructure is integral to service local and community needs;
and
WHEREAS,
agrees with the needs and priorities presented in the 2024-2027 Oneida Nation Tribal
Transportation Improvement Plan, and The Bureau and Oneida Nation desire to continue
the Government-to-Government Agreement (Agreement) and associated Reference
Funding Agreements to prove the Tribal Transportation related funding
NOW THEREFORE BE IT RESOLVED,
the Oneida Business Committee approves the Government-to-Government Agreement
and associated Referenced Funding Agreements (RFA’s) for Tribal Transportation funding
for Fiscal Year 2024 and future years until this approval is rescinded,
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BC Resolution _____________
Title is Inserted Here with Title Case Capitalization
Page 2 of 2
NOW THEREFORE BE IT FINALLY RESOLVED,
The Oneida Business Committee adopts the 2024-2027 Oneida Nation Tribal
Transportation Improvement Plan for the projects listed in the attached CSTIP forms that
were developed between the Oneida Nation and the BIA for Tribal Shares funding along
the corresponding 2024 TTP Retained services agreement (RSA).
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida
Business Committee is composed of 9 members of whom 5 members constitute a quorum; ___ members
were present at a meeting duly called, noticed and held on the 24th day of July 24, 2024; that the forgoing
resolution was duly adopted at such meeting by a vote of ___ members for, ___ members against, and ___
members not voting*; and that said resolution has not been rescinded or amended in any way.
____________________________
Lisa Liggins, Secretary
Oneida Business Committee
*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."
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Adopt resolution entitled Approval of Use of Economic Development, Diversification and Community...
Business Committee Agenda Request
1. Meeting Date Requested:
7/24/24
2. Session:
܆Open ܆Executive – must qualify under §107.4-1.
Justification: Choose or type justification.
Proprietary - trade secrets/commercial/financial
Requested Motion:
܆Accept as information; OR(QWHUWKHUHTXHVWHGPRWLRQUHODWHGWRWKLVLWHP
Accept Resolution for a donation for $400,000 to the NFL Draft from
the EDDCD Fund
Areas potentially impacted or affected by this request:
܆Finance
܆Law Office
܆Gaming/Retail
܆Other:
܆Programs/Services
܆MIS
܆Boards, Committees, or Commissions
5. Additional attendees needed for this request:
1DPH7LWOH(QWLW\25&KRRVHIURP/LVW
Louise Cornelius, Gaming General Manager
Revised: 11/15/2021
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Supporting Documents:
܆Bylaws
܆Contract Document(s)
܆Correspondence
܆Draft GTC Notice
܆Draft GTC Packet
܆E-poll results/back-up
܆Other: Handout
܆Fiscal Impact Statement
܆Law
܆Legal Review
܆Minutes
܆MOU/MOA
܆Petition
܆Presentation
܆Report
܆Resolution
܆Rule (adoption packet)
܆Statement of Effect
܆Travel Documents
Budget Information:
܆Budgeted – Tribal Contribution
܆Unbudgeted
܆Other:
܆Budgeted – Grant Funded
܆Not Applicable
Submission:
Nishimoto,
Analyst
Name,
Title/EntityBusiness
OR Choose
from
Authorized Sponsor: Justin
Primary Requestor:
Revised: 11/15/2021
Page 2 of 2
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Economic Development, Diversification, and Community Development Fund (EDDCD) Request
Name: Justin
Nishimoto
Date Requested: 7/24/24
Department: Gaming
Please ^ĞůĞĐƚ ܈use for the funds:
■
܆Social Wellness
܆Housing
܆Community Design
܆Transportation, Facilities & Utilities
܆Economic Development
܆Natural Resources
܆Public Safety
܆Land Use
܆Parks and Recreation
܆Agriculture
Detailed Description (Please attach any supporting documents to form and dollar amounts needed):
See
1. Attached.
*For more information please refer to the 2014 Comprehensive Plan, Land Use Plan, Neighborhood Development Plan, Live, Sustain, Grow Plan,
and the Economic Development Plan.
Does this project already exist or have been approved for CIP? No
If “YES” please indicate the CIP or project number:
Responsible employee for authorizing expenditures: Louise Cornelius
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MEMO
To:
Oneida Business Committee
From:
Economic Development Diversity and Community Development Team
Date:
July 16, 2024
Re:
2025 NFL Draft
Background
The 2025 NFL Draft is requesting from the Oneida Nation to donate $400,000 to the upcoming
NFL Draft in Green Bay in 2025. The 2025 NLF Draft will be held in the Titletown and Lambeau
field area. This donation will offer the Oneida Nation and Oneida Casino advertising
opportunities and other benefits during the NFL Draft.
A summary of the benefits and justifications are below:
x
How the commitment benefits the Nation (i.e., ROI, economic/social benefit)
Estimated ROI of Green Bay NFL Draft and Oneida Casino donation of $400,000 is
$443,260 which is 110.82% (see attached Contract/Purchase Approval Request and
ROI table). These are estimates and factors such as attendance, weather, etc. can be
an impact. The Oneida Hotel has designated 336 rooms to the NFL.
Current Request
Request to use the EDDCD funds for the full amount of $400,000 for the sponsorship.
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Findings after review
The request supplied the proposal with the NFL.
The Guiding Document utilized to determine the use of the EDDCD funds include the Economic
Development Plan which have the following economic related items:
¾ Marketing and Image-Raise the Oneida Nation’s profile through marketing efforts aimed at
internal and external audiences.
¾ Entrepreneurship and Innovation-Support the growth and profitability of Oneida
businesses.
In Closing
The requested $400,000 payment from the Economic Development, Diversity, and Community
Development fund and this is appropriate use of these funds.
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Oneida Nation
Post Office Box 365
Phone: (920)869--2214
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Oneida, WI 54155
BC Resolution # Leave this line blank
Approval of Use of Economic Development, Diversification and Community Development Funds
for a donation of $400,000 for the 2025 NFL Draft.
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 Economic Development, Diversification and Community Development Fund was
created by resolutions # BC-09-28-16-B, BC-07-12-17-A, and BC-01-23-19-D and the
procedures for use of the fund set forth in resolution # BC-12-12-18-B, BC-01-23-19- C,
and BC-05-26-21-B, Updating and Clarifying Access to the Economic Development,
Diversification and Community Development Fund As Amended; and
WHEREAS,
the requested $400,000 donation to the 2025 NFL Draft; and
WHEREAS,
utilizing the Economic Development, Diversification, and Community Development Fund
to fund $400,000 for donation for the 2025 NFL Draft.
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee does approve the allocation of
$400,000 from the Economic Development, Diversification and Community Development Funds for the
purpose of donation to the 2025 NFL Draft.
BE IT FUTHER RESOLVED, the $400,000 as payment is not intended to be used for any other expenses
and any unspent funds from the $400,000 will be returned to the Economic Development, Diversification,
and Community Development Fund.
BE IT FINALLY RESOLVED, the responsible employees identified as Casino General Manager, Louise
Cornelius.
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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
Approval of Use of Economic Development, Diversification and Community Development Funds
for a donation of $400,000 for donation for the 2025 NFL Draft
Summary
The resolution approves an allocation of four hundred thousand dollars ($400,000) from the
Economic Development, Diversification and Community Development Fund for the purpose of a
donation for the 2025 NFL Draft.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: June 25, 2024
Analysis by the Legislative Reference Office
The Oneida Business Committee has adopted resolutions which set aside funds disbursed from
corporations to the Nation in an Economic Development, Diversification and Community
Development fund (“the Fund”) and describes the process for accessing those funds. [Resolutions
BC-09-28-16-B, BC-07-12-17-A, BC-12-12-18-B, BC-01-23-19-C, BC-01-23-19-D, and BC-0526-21-B]. When a request to utilize monies from the Fund is received, the Review Team,
comprised of the Strategic Planner, Business Analyst, and the Budget Analyst, review the request
for use of the Fund and determines if the proposed use is consistent with the Fund. The Review
Team is then required to provide a written recommendation to the Oneida Business Committee
regarding whether to authorize the allocation from the Fund to a specific project identified by a
contract number, CIP number, economic development opportunity number or other easily
trackable number or designation. The Oneida Business Committee is then responsible for
authorizing use of the Fund by a resolution clearly identifying the amount of funds authorized and
purpose of the funds, which may be identified by a contract number, CIP number, economic
development opportunity number or other easily trackable number or designation, and the
employee responsible for authorizing expenditures of the authorized amount.
Through the adoption of this resolution the Oneida Business Committee would be approving an
allocation of four hundred thousand dollars ($400,000) from the Economic Development,
Diversification and Community Development Fund for the purpose of a donation for the 2025
NFL Draft. This resolution provides that the four hundred thousand dollars ($400,000) as payment
is not intended to be used for any other expenses and any unspent funds from the four hundred
thousand dollars ($400,000) will be returned to the Economic Development, Diversification, and
Community Development Fund.
This resolution does not specifically state how utilizing the Fund for this purpose is aligned with
the Oneida Business Committee Broad Goals or the approved Economic Development Plan
Elements, but one may assume this threshold was met if the resolution is ultimately being
recommended. The Gaming General Manager, Louise Cornelius, is identified as the responsible
employees for this allocation of funding. This resolution does not directly provide a contract
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number, CIP number, economic development opportunity number or other easily trackable number
or designation – but this funding could be tracked through the resolution number.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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Determine next steps regarding three (3) appointments - Oneida Election Board Ad Hoc Committee
Business Committee Agenda Request
1. Meeting Date Requested:
07/24/24
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: DRAFT materials/discussion
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Amber Martinez, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
AMARTIN3
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Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 15, 2024
RE:
Appointment(s) – Oneida Election Board Ad Hoc Committee
Background
Three (3) vacancies were posted for the Oneida Election Board Ad Hoc Committee. The
vacancies are to complete the term ending December 31,2024.
The vacancies have been posted since November 2023. The latest application deadline was
July 5, 2024, and two (2) application(s) were received for the following applicant(s):
Violet Blake
Lynette Jordan
Select action(s) provided below:
1) accept the selected the applicant(s) and appoint to a term ending December 31, 2024
2) reject the selected applicant(s) and oppose the vote**, OR
3) request the Secretary to re-notice the vacancy(ies)
A good mind. A good heart. A strong fire.
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Determine next steps regarding one (1) appointment(s) - Oneida ESC Group LLC Board of Managers
Business Committee Agenda Request
1. Meeting Date Requested:
07/24/24
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Unreasonable Invasion of Personal
Privacy
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Amber Martinez, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
AMARTIN3
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Oneida Nation
Business Committee Support Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 15, 2024
RE:
Oneida ESC Group, LLC – Board of Managers
Background
One (1) vacancy was posted for the Oneida ESC Group, LLC – Board of Managers. The
vacancy is to complete terms ending June 30, 2027.
The vacancy has been posted since May 3, 2024. The latest application deadline was July 5,
2024, and one (1) application(s) was received for the following applicant(s):
John Breuninger
Select action(s) provided below:
1) accept the selected the applicant(s) and appoint to a term ending June 30, 2027, OR
2) reject the selected applicant(s) and oppose the vote**, OR
3) request the Secretary to re-notice the vacancy(ies)
A good mind. A good heart. A strong fire.
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Determine next steps regarding two (2) appointments - Oneida Nation Arts Board
Business Committee Agenda Request
1. Meeting Date Requested:
07/24/24
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: DRAFT materials/discussion
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Amber Martinez, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
AMARTIN3
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Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 15, 2024
RE:
Appointment(s) – Oneida Nation Arts Board
Background
Two (2) vacancies were posted for the Oneida Nation Arts Board. The vacancies are to
complete terms ending March 31, 2025, and March 31, 2026.
Two (2) vacancies have been posted since February 9, 2024. The latest application deadline
was July 5, 2024, and three (3) application(s) were received for the following applicant(s):
Weeya Calif
Lynette Jordan
Frederick Muscavitch
Select action(s) provided below:
1) accept the selected the applicant(s) and appoint to a term ending March 31, 2025, and
March 31, 2026, OR;
2) reject the selected applicant(s) and oppose the vote**, OR
3) request the Secretary to re-notice the vacancy(ies)
A good mind. A good heart. A strong fire.
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Determine next steps regarding one (1) appointment - Oneida Nation Veteran Affairs Committee
Business Committee Agenda Request
1. Meeting Date Requested:
07/24/24
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: DRAFT materials/discussion
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Amber Martinez, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
AMARTIN3
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Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 15, 2024
RE:
Appointment(s) – Oneida Nation Veteran Affairs Committee
Background
One (1) vacancy was posted for the Oneida Nation Veterans Affairs Committee. The
vacancy is to complete a term ending December 31, 2027.
The vacancy has been posted since November 1, 2023. The latest application deadline was
July 5, 2024, and Two (2) application(s) were received for the following applicant(s):
Jason Kurowski
Myron Vieau
Select action(s) provided below:
1) accept the selected the applicant(s) and appoint to a term ending December 31, 2027,
O
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