# Phone: (920)869-2214 (2016) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A886a6edf2134ca24 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Meeting Materials November 9, 2016 Open Session CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the following 220 pages are the Open Session meeting materials presented at a meeting duly called, noticed and held on the 9th day of November, 2016. ____________________________ Lisa Summers, Tribal Secretary Oneida Business Committee Open Packet Page 1 of 198 Oneida Business Committee Executive Session 9:00 a.m. Tuesday, November 8, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, November 9, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Agenda To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/ I. CALL TO ORDER AND ROLL CALL II. OPENING A. Presentation of grant award to Pulaski School District for Oneida Language program Sponsor: B. Special Recognition for Years of Service Sponsor: pp. 8-9 Jennifer Webster, Councilwoman pp. 10-12 Geraldine Danforth, Area Manager/Human Resources Department III. ADOPT THE AGENDA IV. MINUTES A. Approve October 26, 2016, regular meeting minutes Sponsor: pp. 13-31 Lisa Summers, Tribal Secretary V. RESOLUTIONS A. Adopt resolution entitled Opposition to Back 40 Mine Project in Michigan Sponsor: B. Adopt resolution entitled Adoption of Definition and Guidance Regarding “Day-to-Day” Sponsor: pp. 32-33 Nathan King, Director/Intergovernmental Affairs & Communications Lisa Summers, Tribal Secretary Oneida Business Committee Regular Meeting Agenda of November 9, 2016 Page 1 of 7 pp. 34-39 Open Packet Page 2 of 198 VI. STANDING COMMITTEES A. Legislative Operating Committee Chair: Brandon Stevens, Councilman 1. Accept October 20, 2016, Legislative Operating Committee meeting minutes pp. 40-43 B. Finance Committee Chair: Trish King, Tribal Treasurer 1. Approve October 31, 2016, Finance Committee meeting minutes pp. 44-53 VII. APPOINTMENTS A. Approve recommendation to appoint Vicki Cornelius, Floyd Silas Jr., and Yasiman Metoxen to the Oneida Pow Wow Committee Sponsor: Tina Danforth, Tribal Chairwoman pp. 54-56 VIII. UNFINISHED BUSINESS A. Approve recommendations regarding vacancies on the Oneida Personnel Commission Sponsor: pp. 57-58 Tina Danforth, Tribal Chairwoman EXCERPT FROM OCTOBER 26, 2016: Motion by Lisa Summers to accept the request to defer the update regarding vacancies on the Oneida Personnel Commission to the November 9, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM OCTOBER 12, 2016: Motion by Jennifer Webster to defer this item to the October 26, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried unanimously. EXCERPT FROM SEPTEMBER 14, 2016: Motion by Lisa Summers to defer this item back to Chair’s Office regarding the (2) two Oneida Personnel Commission vacancies not filled through posting #3 which had the deadline of June 20, 2016, and the one (1) vacancy not filled through posting #4 which had the deadline of July 15, 2016; and to request clarifications be brought back to the October 12, 2016, regular Business Committee, seconded by Tehassi Hill. Motion carried with two abstentions. EXCERPT FROM AUGUST 24, 2016: (1) Motion by David Jordan to approve the recommendation to appoint Leland Wigg-Ninham, Eric Krawczyk, and Jennifer L. Hill to Oneida Personnel Commission, seconded by Melinda J. Danforth. Motion carried with one abstention. (2) Amendment to the main motion by Lisa Summers to direct the Tribal Secretary to bring back a chronology of events for these particular vacancies for information to the Business Committee, seconded by Jennifer Webster. Motion carried unanimously. B. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting Sponsor: Lisa Summers, Tribal Secretary 1. Approved letter of support for the Menominee Nation opposing the Back Forty Mine Requestor: Nathan King, Director/Intergovernmental Affairs & Communications EXCERPT FROM OCTOBER 26, 2016: Motion by Jennifer Webster to defer this item for two (2) weeks with the understanding that Intergovernmental Affairs & Communications will submit an E-Poll request with the letter of support for the Menominee Nation opposing the Back Forty Oneida Business Committee Regular Meeting Agenda of November 9, 2016 Page 2 of 7 pp. 59-64 Open Packet Page 3 of 198 Mine to Michigan Department of Environmental Quality, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM OCTOBER 12, 2016: Motion by Tehassi Hill to forward this item to the Intergovernmental Affairs & Communications Department to do further research; and for that area to bring back a report and proposed correspondence for the Business Committee to consider and support, to be conducted before the October 26, 2016, regular Business Committee meeting so that any action that may be taken can be accepted at the October 26, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. IX. NEW BUSINESS A. Review request from Tribal Member for assistance and donations to Standing Rock Sioux Tribe, Sacred Stone camp, and Oceti Sakowin Camps in their fight against Dakota Access Pipeline Sponsor: Lisa Summers, Tribal Secretary B. Approve draft letter to President Barack Obama regarding Dakota Access Pipeline Sponsor: pp. 67-68 Brandon Stevens, Councilman C. Review, discuss, and make any recommendations regarding letter from Ray Halbritter Sponsor: pp. 65-66 pp. 69-72 Tina Danforth, Tribal Chairwoman D. Approve request to repost one (1) vacancy on the Southeastern Oneida Tribal Services Advisory Board, as there were no applications received Sponsor: Tina Danforth, Tribal Chairwoman pp. 73-75 E. Approve request to post one (1) vacancy on the Southeastern Oneida Tribal Services Advisory Board, due to resignation Sponsor: Lisa Summers, Tribal Secretary pp. 76-77 X. TRAVEL A. TRAVEL REQUESTS 1. Approve 100% grant funded travel request – Councilwoman Jennifer Webster – 2016 Head Start Program Performance Standards – Chandler, AZ – December 12-16, 2016 pp. 78-80 XI. REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.) A. OPERATIONAL REPORTS 1. Accept Tribal Ombudsman FY ’16 4th quarter report pp. 81-85 (1:30 p.m.-1:50 p.m.) Sponsor: Dianne McLester Heim, Tribal Ombudsman 2. Accept Human Resources Department FY ’16 4th quarter report (1:50 p.m.-2:10 p.m.) Sponsor: Geraldine Danforth, Area Manager/Human Resources Department Oneida Business Committee Regular Meeting Agenda of November 9, 2016 Page 3 of 7 pp. 86-100 Open Packet Page 4 of 198 3. Accept Internal Services Division FY ’16 4th quarter report pp. 101-120 (2:10 p.m.-2:30 p.m.) Sponsor: Joanie Buckley, Division Director/Internal Services 4. Accept Governmental Services Division FY ’16 4th quarter report pp. 121-136 (2:30 p.m.-2:50 p.m.) Sponsor: Liz Somers, Division Director/Governmental Services B. BOARDS, COMMITTEES, AND COMMISSIONS 1. Accept Oneida Election Board FY ’16 4th quarter report pp. 137-138 (2:50 p.m.-3:05 p.m.) Chair: Racquel Hill Liaison: Melinda J. Danforth, Tribal Vice-Chairwoman 2. Accept Oneida Nation Commission on Aging FY ’16 4th quarter report pp. 139-147 (3:05 p.m.-3:20 p.m.) Chair: Patricia Lassila Liaison: Melinda J. Danforth, Tribal Vice-Chairwoman 3. Accept Oneida Gaming Commission FY ’16 4th quarter report pp. 148-151 (3:20 p.m.-3:35 p.m.) Chair: Mark A. Powless Liaison: Brandon Stevens, Councilman XII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card) A. Petitioners Madelyn Genskow and Yvonne Metivier: Incentive stipends for Oneida Nation elections starting 2017 1. Accept legal analysis Sponsor: 2. Accept financial analysis Sponsor: pp. 152-165 Jo Anne House, Chief Counsel Larry Barton, Chief Financial Officer EXCERPT FROM OCTOBER 26, 2016: (1) Motion by Brandon Stevens to accept the updated legislative analysis, seconded by Lisa Summers. Motion carried unanimously. (2) Motion by Jennifer Webster to accept the progress report regarding the legal analysis, seconded by Lisa Summers. Motion carried unanimously. (3) Motion by Lisa Summers to accept the progress report regarding the financial analysis, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM AUGUST 24, 2016: (1) Motion by Lisa Summers to accept the verified petition submitted by Madelyn Genskow and Yvonne Metivier regarding incentive stipends for Oneida Nation elections starting 2017, seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to send the verified petition to the Law, Finance, and Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative analyses to be completed, seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Lisa Summers to direct the Law, Finance, and Legislative Reference Offices to submit their analyses to the Tribal Secretary’s Office within sixty (60) days; and that a progress report be submitted in forty-five (45) days, seconded by Jennifer Webster. Motion carried unanimously. (4) Motion by Lisa Summers to direct the Direct Report Offices to submit appropriate administrative analyses regarding the petition to be submitted to Oneida Business Committee Regular Meeting Agenda of November 9, 2016 Page 4 of 7 pp. 166-170 Open Packet Page 5 of 198 the Tribal Secretary’s Office within thirty (30) days, seconded by Jennifer Webster. Motion carried unanimously. B. Accept status update on the Emergency Food Pantry Implementation Sponsor: pp. 171-172 Lisa Summers, Tribal Secretary EXCERPT FROM OCTOBER 26, 2016: Motion by Lisa Summers to accept the Tribal Member’s request; and to direct a written update be provided at the November 9, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. C. Approve the 2017 Annual General Tribal Council meeting agenda, noting the remaining back-up materials must be submitted by Noon on Friday, November 18, 2016 Sponsor: Lisa Summers, Tribal Secretary pp. 173-176 D. Forward resolution entitled Designation of the Oneida Judiciary as the Judiciary Authorized Pursuant to Article V – Judiciary of the Oneida Nation Constitution, to the General Tribal Council for consideration Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman pp. 177-188 E. Accept petition submitted by Frank Vandehei regarding support for Oceti Sakowin Camp and the Standing Rock Sioux Tribe in their battle against the Dakota Access Pipeline, as information only, as it does not meet the number of required signatures in accordance with the Oneida Nation Constitution and By-laws to call a special GTC meeting; and direct the Tribal Secretary to notify the petitioner of the action taken pp. 189-198 Sponsor: Lisa Summers, Tribal Secretary XIII. EXECUTIVE SESSION A. UNFINISHED REPORTS 1. Accept Intergovernmental Affairs & Communications report – Nathan King, Director pp. 199-205 EXCERPT FROM OCTOBER 26, 2016: Motion by Jennifer Webster to defer the Intergovernmental Affairs & Communications report to the November 9, 2016, seconded by Lisa Summers. Motion carried unanimously. B. REPORTS 1. Accept Chief Counsel report – Jo Anne House, Chief Counsel p. 206 C. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) D. AUDIT COMMITTEE Chair: Tehassi Hill, Councilman 1. Approve Table Games audit and lift confidentiality requirement to allow Tribal Members to view the audit Oneida Business Committee Regular Meeting Agenda of November 9, 2016 Page 5 of 7 pp. 207-227 Open Packet Page 6 of 198 E. UNFINISHED BUSINESS 1. Accept close-out report and recommendations regarding complaint # 2016-DR07-01 Sponsor: pp. 228-233 Lisa Summers, Tribal Secretary EXCERPT FROM OCTOBER 26, 2016: Motion by Lisa Summers to accept the update; and to acknowledge that a close-out report with the final recommendations will be made for the November 9, 2016, regular Business Committee meeting agenda, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM OCTOBER 12, 2016: Motion by Tehassi Hill to accept the verbal update; and to request an update be brought back in two (2) weeks, seconded by Jennifer Webster. Motion carried unanimously. F. NEW BUSINESS 1. Approve limited waiver of sovereign immunity Ignite Payments, LLC. – contract # 20160979 (This item is scheduled at 9:00 a.m.) Sponsor: Joanie Buckley, Division Director/Internal Services pp. 234-299 2. Accept Final Monitoring Report regarding on-site performance review of Indian Housing Block Grant and Indian Community Development Block grant programs; and defer concern # 2016IHBG-1, concern # 2016-IHBG-2, finding # 2016-IHBG-3, and finding # 2016IHBG-4, to the appropriate parties for follow-up pp. 300-373 (This item is scheduled at 1:30 p.m.) Sponsor: Lisa Summers, Tribal Secretary 3. Review request regarding Right-of-Way and Signage Issue Sponsor: pp. 374-376 Melinda J. Danforth, Tribal Vice-Chairwoman 4. Review, discuss and make any recommendations regarding amendment agreement – contract # 2014-1164 Sponsor: Tina Danforth, Tribal Chairwoman pp. 377-383 5. Review, discuss and make any recommendations regarding amendment agreement – contract # 2012-1280 Sponsor: Tina Danforth, Tribal Chairwoman pp. 384-390 6. Review, discuss and make any recommendations regarding amendment agreement – contract # 2012-1281 Sponsor: Tina Danforth, Tribal Chairwoman 7. Approve appointment termination of Oneida Library Board member Sponsor: pp. 398-399 Fawn Billie, Councilwoman; Liaison/Oneida Library Board 8. Approve Fletcher Law, PLCC. – contract # 2016-1209 Sponsor: pp. 391-397 pp. 400-416 Larry Barton, Chief Financial Officer 9. Review, discuss, and make any recommendations regarding directive from October 30, 2016, General Tribal Council meeting regarding reappointments of Oneida Total Integrated Enterprise Board Sponsor: Tina Danforth, Tribal Chairwoman pp. 417-418 10. Accept update regarding attendance of direct reports at mandatory active shooter training as information Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman Oneida Business Committee Regular Meeting Agenda of November 9, 2016 Page 6 of 7 pp.419-421 Open Packet Page 7 of 198 11. Review and determine next steps regarding request from Attorney Sam Wayne Sponsor: pp. 422-427 Tina Danforth, Tribal Chairwoman 12. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting Sponsor: Lisa Summers, Tribal Secretary a. Approved draft correspondence regarding Ancillary Facilities for Tribal Chair’s signature Requestor: Jo Anne House, Chief Counsel pp. 428-441 13. Review request to reconsider denial of Oneida Personnel Commission – Attorney Retainer Agreement – contract # 2016-1084 Sponsor: David Jordan, Councilman; Liaison Alternate/Oneida Personnel Commission 14. Accept concern # 2016-CC-19 as information Sponsor: pp. 494-508 Lisa Summers, Tribal Secretary 18. Review complaint # 2016-DR14-01 Sponsor: pp. 482-493 Lisa Summers, Tribal Secretary 17. Review complaint # 2016-DR11-01 Sponsor: pp. 459-481 Lisa Summers, Tribal Secretary 16. Review complaint # 2016-DR06-07 Sponsor: pp. 457-458 Tina Danforth, Tribal Chairwoman 15. Review complaint # 2016-DR06-06 Sponsor: pp. 442-456 pp. 509-523 Lisa Summers, Tribal Secretary XIV. ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:30 p.m., Friday, November 4, 2016, pursuant to the Open Records and Open Meetings Law, section 7.17-1. The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 2362214. Oneida Business Committee Regular Meeting Agenda of November 9, 2016 Page 7 of 7 Open Packet Page 8 of 198 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 11 / 09 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Announcement/Recognition Accept as Information only Action - please describe: Presentation to Pulaski Community Schools Superintendent. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Jennifer Webster, Council Member Primary Requestor/Submitter: Brian A. Doxtator, Executive Assistant to Treasurer Trish King Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Open Packet Page 9 of 198 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Background: On May 25, 2016, the Oneida Business Committee officially supported a language fund initiative for $15,000 to the Pulaski School District Oneida Language program. Due to the timing of the O.B.C. motion and the budgeting process, the $15,000 was not budgeted within the Governmental Services Division. On May 25, 2016, the Oneida Business Committee approved the Oneida Business Committee Special Projects Budget. On September 30, 2016, the Oneida Business Committee adopted a Continuing Budget Resolution 09-30-16-A. The $15,000 has been identified within the O.B.C. Special Projects and is in compliance with Fiscal Year 2016 spending levels as stated within 09-30-16-A. In addition, the granting of $15,000 which supports the continuance of Oneida Language, to the Pulaski Community School District, aligns to the Four Strategic Directions, Seven Practical Visions, our Mission and our Oneida Vision. Action Requested: Provide Grant Check to Pulaski Community Schools Superintendent. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Open Packet Page 10 of 198 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 11 / 09 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Annoucement/Recognition Accept as Information only Action - please describe: Presentation of Years of Service Certificates to twelve (12) employees by their immediate supervisor along with the Business Committee. 3. Supporting Materials Report Resolution Contract Other: 1. List of employees to be recognized 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Geraldine R. Danforth, HRD Area Manager Primary Requestor: Maureen Metoxen, Exec Assist Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Open Packet Page 11 of 198 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: HRD coordinates efforts on a quarterly basis, with all supervisors and the Business Committee to recognize employees who have reached the 25+ years milestone. With the assistance from each supervisor, HRD will create the certificate to be presented to the Years of Service recipient. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Open Packet Name 4th Quarter November 9th METOXEN,JEAN A CORNELIUS,DEBRA J GRISSMAN,GAIL K CORNELIUS,JR,ORVILLE J DANFORTH,REYNOLD T LAITINEN‐WARREN,LAURA E DANFORTH,MARSHA J METOXEN,MICHAEL J KOHLWEY,TRUDELL A NUNIES,FRANCES M PELTIER,VIRGINIA A Page 12 of 198 Supervisor Name DENNY,JACK E LALUZERNE,KIM A BRAATEN,BLAIR A LALUZERNE,KIM A POWLESS,SR,MARK A NEVILLE,LUCY A STEVENS,CHERYL R DANFORTH‐ANDERSON,MICHELLE M GRAVES,TODD P WURTH,RONALD J GRAVES,TODD P ADOH 6/14/1981 7/19/1991 7/22/1991 8/7/1991 8/7/1991 8/7/1991 8/8/1991 8/25/1991 8/30/1991 8/30/1991 8/30/1991 Years 35 Rec'd Certificate 25 Rec'd Certificate 25 Rec'd Certificate 25 Rec'd Certificate 25 Final Reminder no response 25 Rec'd Certificate 25 Rec'd Certificate 25 Unable to Attend 25 Rec'd Certificate 25 Unable to Attend 25 Rec'd Certificate Open Packet Page 13 of 198 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 11 / 09 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Minutes Accept as Information only Action - please describe: Approve October 26, 2016, regular meeting minutes  3. Supporting Materials Report Resolution Contract Other: 10DUPCFS  SFHVMBSNFFUJOHNJOVUFT 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison:-JTB4VNNFST 5SJCBM4FDSFUBSZ Primary Requestor/Submitter:4VCNJUUFECZ)FBUIFS)FVFS *OGP.HNU4QFDJBMJTU#$4VQQPSU0GGJDF Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Open Packet Page 14 of 198 DRAFT Oneida Business Committee Executive Session 9:00 a.m. Tuesday, October 25, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, October 26, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Minutes – DRAFT EXECUTIVE SESSION Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members: Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster; Not Present: Chairwoman Tina Danforth (personal); Arrived at: Councilman Brandon Stevens at 11:00 a.m.; Others present: Jo Anne House, Liz Somers, Chris Johns, Dale Wheelock, Larry Barton, Louise Cornelius, Michelle Danforth, Joanie Buckley, Geraldine Danforth, Chris Johns, Bobbie Webster, Phil Wisneski; REGULAR MEETING Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members: Fawn Billie, David Jordan, Jennifer Webster; Not Present: Chairwoman Tina Danforth, Councilman Tehassi Hill; Arrived at: Councilman Brandon Stevens at 9:02 a.m.; Others present: LouAnn Green, Heather Heuer, Weldon “Ted” Hawk, Jo Anne House, Nancy Barton, Jen Falck, Debbie Danforth, Clorissa Santiago, Ed Delgado, Chris Johnson, Krystal John, Taniquelle Thurner, Gina Buenrostro, Brad Graham, Bill Graham, RaLinda Ninham-Lamberies, Madelyn Genskow, Chris Johns, Carol Silva, Lisa Liggins, Mike Hill, Tonya Webster, Kristi Giltner, Felicia Bernhardt via Polycom; I. CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 9:01 a.m. For the record: Chairwoman Tina Danforth is out of the office on personal time. Councilman Tehassi Hill is attending the Fox River Trustee meeting in Green Bay, WI. II. OPENING III. ADOPT THE AGENDA (00:00:37) Motion by David Jordan to adopt the agenda with the following change: [Add-on to Executive Session – New Business item 13.E.04. “Review request regarding hiring of critical key management position”], seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill Councilman Brandon Stevens arrives 9:02 a.m. Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 1 of 18 Open Packet Page 15 of 198 DRAFT IV. OATHS OF OFFICE (00:01:20) administered by Secretary Lisa Summers A. Environmental Resources Board – Weldon “Ted” Hawk B. Southeastern Oneida Tribal Services Advisory Board – Felicia Bernhardt (via Polycom) V. MINUTES (00:04:35) A. Approve October 12, 2016, regular meeting minutes Sponsor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to approve the October 12, 2016, regular meeting minutes, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill VI. RESOLUTIONS A. Adopt resolution entitled Back Pay Law Amendments (00:04:47) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Brandon Stevens to adopt resolution # 10-26-16-A Back Pay Law Amendments with the following changes: [Revise “average hours worked instead” of “earnings” in lines 203 and 208; revise “average weekly wage” to “back pay” in line 207; and revise “Oneida Contract Health” to “Purchased Referred Care” in lines 10 and 13], seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill B. Adopt resolution entitled Election Law Permanent Amendments (00:09:03) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Brandon Stevens to accept the Election Law Permanent Amendments; and to forward the Election Law Permanent Amendments to the 2017 Annual General Tribal Council meeting agenda, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 2 of 18 Open Packet Page 16 of 198 DRAFT C. Adopt resolution entitled Leasing Law Amendments (00:23:33) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Brandon Stevens to adopt resolution # 10-26-16-C Leasing Law Amendments, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill Amendment to the main motion by Lisa Summers to request a status report regarding the implementation of the Leasing Law and how it is working be brought back to the Business Committee in six (6) months, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill Secretary Lisa Summers departs at 9:50 a.m. Secretary Lisa Summers returns at 9:56 a.m. D. Adopt resolution entitled Drug & Alcohol Free Workplace Policy Emergency Amendments (00:36:08) Sponsor: Councilman Brandon Stevens, Chair/Legislative Operating Committee Motion by Brandon Stevens to adopt resolution # 10-26-16-D Drug & Alcohol Free Workplace Policy Emergency Amendments, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill Motion by Lisa Summers to request that a similar policy for appointed and elected officials also be developed and provided by the Legislative Operating Committee, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Trish King, Lisa Summers, Jennifer Webster, Brandon Stevens Not Present: Tina Danforth, Tehassi Hill Treasurer Trish King departs at 10:03 a.m. VII. STANDING COMMITTEES A. Legislative Operating Committee Sponsor: Councilman Brandon Stevens, Chair 1. Accept October 5, 2016, Legislative Operating Committee meeting minutes (1:04:17) Motion by David Jordan to accept the October 5, 2016, Legislative Operating Committee meeting minutes, seconded by Lisa Summers. Motion carried with one abstention: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers Abstained: Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 3 of 18 Open Packet Page 17 of 198 DRAFT B. Finance Committee Sponsor: Tribal Treasurer Trish King, Chair 1. Approve October 17, 2016, Finance Committee meeting minutes (1:05:42) Motion by David Jordan to approve the October 17, 2016, Finance Committee meeting minutes, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King VIII. UNFINISHED BUSINESS A. Review final report and accept recommendation regarding Medicare Part B Research (1:14:44) Sponsors: Debra Danforth Division Director/Comprehensive Health Operations; Dr. Ravinder Vir, Division Director/Medical Operations EXCERPT FROM OCTOBER 12, 2016: Motion by Jennifer Webster to defer this item to the October 26, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried unanimously. EXCERPT FROM APRIL 08, 2015: Motion by Melinda J. Danforth to defer the Medicare Part B research back to the Comprehensive Health Division Directors and to comeback with a report in 90 days that researches the opportunities we would have to provide insurance to those individuals of 65 and over that are Oneida Tribal members and have a work meeting with the directors to clarify and develop the scope, seconded by Lisa Summers. Motion carried unanimously EXCERPT FROM FEBRUARY 11, 2015: Motion by Melinda Danforth to accept the Oneida Nation Commission on Aging report and that the request from ONCOA regarding researching whether or not the Tribe should pay for Medicare Part B benefits for Tribal members who use the Oneida Health Center be assigned to the Comprehensive Health Division Directors to research and bring back in 60 days, seconded by Lisa Summers. Motion carried unanimously. Motion by Lisa Summers to accept the report; and to defer this discussion to a Business Committee work meeting for further conversation, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Councilman David Jordan departs at 10:37 a.m. Councilman David Jordan returns at 10:46 a.m. Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 4 of 18 Open Packet Page 18 of 198 DRAFT B. Accept close-out report regarding 340-B certification and determine next steps (1:23:27) Sponsors: Debra Danforth Division Director/Comprehensive Health Operations; Dr. Ravinder Vir, Division Director/Medical Operations EXCERPT FROM OCTOBER 12, 2016: Motion by Fawn Billie to accept the close-out report; to include the sales comparison; and request the report to be released from executive session by placing it into open session for the October 26, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. Motion by Lisa Summers to accept the close-out report regarding 340-B certification, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Motion by Jennifer Webster to request this item go to the 2017 Annual General Tribal Council as part of the Oneida Business Committee’s report, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King C. Defer update regarding vacancies on the Oneida Personnel Commission to the November 9, 2016, regular Business Committee meeting (1:49:11) Sponsor: Tina Danforth, Tribal Chairwoman EXCERPT FROM OCTOBER 12, 2016: Motion by Jennifer Webster to defer this item to the October 26, 2016, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried unanimously. EXCERPT FROM SEPTEMBER 14, 2016: Motion by Lisa Summers to defer this item back to Chair’s Office regarding the (2) two Oneida Personnel Commission vacancies not filled through posting #3 which had the deadline of June 20, 2016, and the one (1) vacancy not filled through posting #4 which had the deadline of July 15, 2016; and to request clarifications be brought back to the October 12, 2016, regular Business Committee, seconded by Tehassi Hill. Motion carried with two abstentions. EXCERPT FROM AUGUST 24, 2016: (1) Motion by David Jordan to approve the recommendation to appoint Leland Wigg-Ninham, Eric Krawczyk, and Jennifer L. Hill to Oneida Personnel Commission, seconded by Melinda J. Danforth. Motion carried with one abstention. (2) Amendment to the main motion by Lisa Summers to direct the Tribal Secretary to bring back a chronology of events for these particular vacancies for information to the Business Committee, seconded by Jennifer Webster. Motion carried unanimously. Motion by Lisa Summers to accept the request to defer the update regarding vacancies on the Oneida Personnel Commission to the November 9, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously: Secretary Lisa Summers departs at 11:07 a.m. before voting occurs. Ayes: Not Present: Fawn Billie, David Jordan, Brandon Stevens, Jennifer Webster Tina Danforth, Tehassi Hill, Trish King, Lisa Summers Secretary Lisa Summers returns at 11:12 a.m. Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 5 of 18 Open Packet Page 19 of 198 DRAFT D. Accept report and proposed correspondence regarding request from Environmental Resources Board to support Menominee Nation in opposing the Back Forty Mine (Not Submitted) (2:09:25) Sponsor: Nathan King, Director/Intergovernmental Affairs & Communication EXCERPT FROM OCTOBER 12, 2016: Motion by Tehassi Hill to forward this item to the Intergovernmental Affairs & Communications Department to do further research; and for that area to bring back a report and proposed correspondence for the Business Committee to consider and support, to be conducted before the October 26, 2016, regular Business Committee meeting so that any action that may be taken can be accepted at the October 26, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. Motion by Jennifer Webster to defer this item for two (2) weeks with the understanding that Intergovernmental Affairs & Communications will submit an E-Poll request with the letter of support for the Menominee Nation opposing the Back Forty Mine to Michigan Department of Environmental Quality, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King E. Approve request to schedule a special executive session Business Committee meeting on Friday, December 16, 2016, at 9:00 a.m. to review, approve, and forward Year End Financial Statements and presentation to the 2017 Annual General Tribal Council meeting (2:13:42) Sponsor: Councilman Tehassi Hill, Chair/Audit Committee Motion by David Jordan to schedule a special executive session Business Committee meeting on Friday, December 16, 2016, at 9:00 a.m. to review, approve, and forward Year End Financial Statements and presentation to the 2017 Annual General Tribal Council meeting, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King IX. NEW BUSINESS A. Approve limited waiver of sovereign immunity for CIP project # 14-008 Uskah Village infrastructure – Wisconsin Public Service – contract # 2016-1173 (2:14:32) Sponsor: James Petitjean, Assistant Division Director/Development Motion by Lisa Summers to approve the limited waiver of sovereign immunity for CIP project # 14-008 Uskah Village infrastructure – Wisconsin Public Service – contract # 2016-1173, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 6 of 18 Open Packet Page 20 of 198 DRAFT B. Approve revised Oneida Business Committee SOP entitled Conducting Electronic Voting (2:14:56) Sponsor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to approve the revised Oneida Business Committee SOP entitled Conducting Electronic Voting, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King X. TRAVEL A. TRAVEL REQUESTS 1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary a. Failed reconsidered travel request– Chairwoman Tina Danforth and up to three (3) Business Committee members – National Congress of American Indians (NCAI) conference – October 9-13, 2016 (2:15:27) Motion by Lisa Summers to enter the E-Poll results into the record for the failed reconsidered travel request– Chairwoman Tina Danforth and up to three (3) Business Committee members – National Congress of American Indians (NCAI) conference – October 9-13, 2016, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Motion by Brandon Stevens to recess at 12:01 p.m. until 1:30 p.m., seconded by Lisa Summers. Motion carried unanimously: (3:00:00) Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 1:32 p.m. Chairwoman Tina Danforth, Treasurer Trish King, and Councilman Tehassi Hill not present. Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 7 of 18 Open Packet Page 21 of 198 DRAFT XI. REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.) A. UNFINISHED REPORTS 1. Accept Oneida Nation Arts Board FY ’16 4th quarter report (1:30 p.m.-1:45 p.m.) (3:00:13) Chair-Elect: Dawn Walschinski Liaison: Jennifer Webster, Councilwoman EXCERPT FROM OCTOBER 12, 2016: Motion by Jennifer Webster to defer the Oneida Nation Arts Board FY ’16 4th quarter report to the October 26, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. Motion by Fawn Billie to accept the Oneida Nation Arts Board FY ’16 4th quarter report, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King B. OPERATIONAL REPORTS Councilman Brandon Stevens departs at 1:49 p.m. Councilman Brandon Stevens returns at 1:51 p.m. Secretary Lisa Summers departs at 2:29 p.m. Secretary Lisa Summers returns at 2:33 p.m. 1. Accept Oneida Housing Authority FY ’16 4th quarter report (1:45 p.m.-2:05 p.m.) (3:13:20) Sponsor: Dale Wheelock, Executive Director/Oneida Housing Authority Motion by David Jordan to accept the Oneida Housing Authority FY ’16 4th quarter report, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Amendment to the main motion by Lisa Summers that the first Indian Housing Plan discussion for 2017 be held at the December 2016 Business Committee work meeting with Oneida Housing Authority and that it specifically includes emergency housing and sustainable development, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Amendment to the main motion by Lisa Summers to request the Oneida Housing Authority Director to include pictures of units that are being rehabbed; and to include in future reports the cost analysis of the difference between what the normal wear-and-tear is and what happens when a full rehab has to take place, seconded by Jennifer Webster. Motion carried unanimously. Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 8 of 18 Open Packet Page 22 of 198 DRAFT C. BOARDS, COMMITTEES, AND COMMISSIONS 1. Accept Oneida Nation Veterans Affairs Committee FY ’16 4th quarter report (2:05 p.m.-2:20 p.m.) (3:01:00) Chair: Mike Hill Liaison: Jennifer Webster, Councilwoman Motion by Lisa Summers to accept the Oneida Nation Veterans Affairs Committee FY ’16 4th quarter report, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King 2. Accept Oneida Pow Wow Committee FY ’16 4th quarter report (2:20 p.m.-2:35 p.m.) (4:03:00) Chair: Tonya Webster Liaison: Fawn Billie, Councilwoman Motion by David Jordan to accept the Oneida Pow Wow Committee FY ’16 4th quarter report, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King 3. Accept Oneida Police Commission FY ’16 4th quarter report (2:35 p.m.-2:50 p.m.) (3:05:16) Chair: Bernie Johns-Stevens Liaison: Lisa Summers, Tribal Secretary Motion by David Jordan to accept the Oneida Police Commission FY ’16 4th quarter report, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Motion by Lisa Summers to send the recommendations provided in the report to create a tribal criminal code, tribal traffic code, tribal public peace laws to exercise the Nation’s sovereignty and jurisdiction, and curfew to the Legislative Operating Committee for consideration, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King 4. Accept Southeastern Oneida Tribal Services Advisory Board FY ’16 4 th quarter report (2:50 p.m.-3:05 p.m. via Polycom) (3:12:35) Chair: Daniel Schiller Liaison: Tina Danforth, Tribal Chairwoman Motion by David Jordan to accept the Southeastern Oneida Tribal Services Advisory Board FY ’16 4 th quarter report, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 9 of 18 Open Packet Page 23 of 198 DRAFT XII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card) A. Petitioners Madelyn Genskow and Yvonne Metivier: Incentive stipends for Oneida Nation elections starting 2017 1. Accept legislative analysis (2:36:25) Sponsor: Brandon Stevens, Councilman Motion by Brandon Stevens to accept the updated legislative analysis, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King 2. Accept progress report regarding legal analysis (2:41:59) Sponsor: Jo Anne House, Chief Counsel Motion by Jennifer Webster to accept the progress report regarding the legal analysis, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King 3. Accept progress report regarding financial analysis (2:42:52) Sponsor: Larry Barton, Chief Financial Officer Motion by Lisa Summers to accept the progress report regarding the financial analysis, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King EXCERPT FROM AUGUST 24, 2016: (1) Motion by Lisa Summers to accept the verified petition submitted by Madelyn Genskow and Yvonne Metivier regarding incentive stipends for Oneida Nation elections starting 2017, seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to send the verified petition to the Law, Finance, and Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative analyses to be completed, seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Lisa Summers to direct the Law, Finance, and Legislative Reference Offices to submit their analyses to the Tribal Secretary’s Office within sixty (60) days; and that a progress report be submitted in forty-five (45) days, seconded by Jennifer Webster. Motion carried unanimously. (4) Motion by Lisa Summers to direct the Direct Report Offices to submit appropriate administrative analyses regarding the petition to be submitted to the Tribal Secretary’s Office within thirty (30) days, seconded by Jennifer Webster. Motion carried unanimously. Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 10 of 18 Open Packet Page 24 of 198 DRAFT B. Accept verified petition submitted by Edward Delgado regarding Oneida panel of educators and retention of kindergarten students; and request appropriate analyses (2:43:26) Sponsor: Lisa Summers, Tribal Secretary Motion by Lisa Summers to accept the verified petition submitted by Edward Delgado regarding Oneida panel of educators and retention of kindergarten students; and to request appropriate analyses, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Motion by Lisa Summers to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative analyses to be completed, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Motion by Lisa Summers to direct the Law, Finance, and Legislative Reference Offices to submit their analyses within sixty (60) days; and that a progress report be submitted within forty-five (45) days, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Motion by Lisa Summers to direct the Direct Reports Offices to submit the appropriate administrative analysis to the Tribal Secretary’s Office within thirty (30) days, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King C. Approve Tribal Member’s request to provide an update on status, report, and timelines for opening emergency food pantry per General Tribal Council directive from the October 2, 2016, reconvened special GTC meeting (2:45:54) Sponsor: Lisa Summers, Tribal Secretary Motion by Lisa Summers to accept the Tribal Member’s request; and to direct a written update be provided at the November 9, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 11 of 18 Open Packet Page 25 of 198 DRAFT XIII. EXECUTIVE SESSION (The Business Committee is scheduled to recess at 11:15 a.m. and to reconvene at 1:30 p.m. to attend the Voices for Oneida Conduit event) A. REPORTS 1. Accept Intergovernmental Affairs & Communications report – Nathan King, Director (2:16:07) Motion by Jennifer Webster to defer the Intergovernmental Affairs & Communications report to the November 9, 2016, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King 2. Accept Chief Counsel report – Jo Anne House, Chief Counsel (2:16:33) Motion by Lisa Summers to accept the Chief Counsel report dated October 25, 2016, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King 3. Accept Chief Financial Officer report – Larry Barton, Chief Financial Officer (2:16:56) Motion by Jennifer Webster to accept the Chief Financial Officer report, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King B. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) 2. Oneida Golf Enterprise – Ladies Professional Golf Association (2:17:29) (This item is scheduled to begin on 10:30 a.m.) Sponsor: Trish King, Tribal Treasurer Motion by Lisa Summers to accept the update from the Oneida Golf Enterprise regarding the Ladies Professional Golf Association, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King C. AUDIT COMMITTEE Sponsor: Councilman Tehassi Hill, Chair 1. Accept September 29, 2016, Audit Committee meeting minutes (2:18:05) Motion by David Jordan to accept the September 29, 2016, Audit Committee meeting minutes, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 12 of 18 Open Packet Page 26 of 198 DRAFT 2. Approve Department of Public Works – Cemetery Maintenance audit and lift confidentiality requirement to allow Tribal Members to view the audit (2:18:21) Motion by Lisa Summers to approve the Department of Public Works – Cemetery Maintenance audit and lift confidentiality requirement to allow Tribal Members to view the audit, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King 3. Approve Card Games and Poker Rules of Play audit and lift confidentiality requirement to allow Tribal Members to view the audit (2:18:39) Motion by Jennifer Webster to approve the Card Games and Poker Rules of Play audit and lift confidentiality requirement to allow Tribal Members to view the audit, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King 4. Approve Craps Rules of Play audit and lift confidentiality requirement to allow Tribal Members to view the audit (2:18:58) Motion by David Jordan to approve the Craps Rules of Play audit and lift confidentiality requirement to allow Tribal Members to view the audit, seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King D. UNFINISHED BUSINESS 1. Accept final close-out report regarding Print Shop – Mail Center Operation plan (This item is scheduled to begin at 9:00 a.m.) (2:19:17) Sponsor: Joanie Buckley, Division Director/Internal Services EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to accept the Oneida Printing October-May 2016 report; and to request a final close-out report be brought back in ninety (90) days which includes any final transition items and timelines, seconded by Brandon Stevens. Motion carried unanimously. (2) Motion by Lisa Summers to request the Internal Services Division Director to start including transitioning this item into their quarterly report, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM APRIL 13, 2016: Motion by Fawn Billie to accept the Print Shop – Mail Center Operational plan as information and to request an update for the July 13, 2016, regular Business Committee meeting, seconded by Melinda J. Danforth. Motion carried unanimously. EXCERPT FROM MARCH 30, 2016: No formal action was taken on this item. EXCERPT FROM DECEMBER 9, 2015: (1) Motion by David Jordan to accept the report, seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to require the next update be brought back to the March 23, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM SEPTEMBER 23, 2015: Motion by Brandon Stevens to accept the update as information, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM SEPTEMBER 9, 2015: (1) Motion by Jennifer Webster to accept this item as information, seconded by Lisa Summers. Motion carried unanimously. (2) Amendment to the main motion by Melinda J. Danforth to request the Internal Services Director bring back Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 13 of 18 Open Packet Page 27 of 198 DRAFT the assessment to the Business Committee in three (3) months, seconded by Lisa Summers. Motion carried unanimously. Motion by Lisa Summers to accept the final close-out report regarding the Print Shop – Mail Center Operation plan; and for future updates to be included in the Internal Services Division quarterly report, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King 2. Review report regarding request from Tribal Member’s concern over depletion of Bureau of Indian Affairs – General Assistant Grant funds (Not Submitted) (2:19:59) Sponsors: Chris Johns, Coordinator/Self-Governance; Liz Somers, Division Director/Governmental Services EXCERPT FROM OCTOBER 12, 2016: Motion by David Jordan to defer this item to the October 26, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM AUGUST 24 & 29, 2016: (1) Motion by Jennifer Webster to accept the request as information; and to request the Governmental Services Division and SelfGovernance Director to provide a report, seconded by Lisa Summers. Motion carried unanimously. (2) Amendment to the main motion by Lisa Summers to defer this item to a Business Committee Officer’s for continued monitoring and follow-up; and to request the initial report be brought back within thirty (30) days, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried unanimously. Motion by Lisa Summers to accept the update; to request a follow-up report to be completed by the Governmental Services Division Director and Self-Governance Coordinator; and to direct the issue to the Intergovernmental Affairs & Communications Director for the coordination of legislative follow-up at the federal level, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King 3. Review complaint # 2016-DR06-05 and determine appropriate next steps Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman EXCERPT FROM OCTOBER 12, 2016: Motion by David Jordan to accept the draft memorandum; and to direct the memorandum be forwarded to the appropriate parties, seconded by Brandon Stevens. Motion carried with one with one abstention. Motion by Lisa Summers to defer this item to the end of the agenda to go back into executive session, seconded by David Jordan. Motion carried unanimously: (2:24:06) Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Motion by Fawn Billie to go into executive session at 2:39 p.m., seconded by David Jordan. Motion carried unanimously: (4:06:22) Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 14 of 18 Open Packet Page 28 of 198 DRAFT Motion by David Jordan to come out of executive session at 3:42 p.m., seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Motion by Jennifer Webster that in accordance with the Standard Operating Procedure, the Business Committee deems this complaint as having no merit; the motion made at the October 12, 2016, regular Business Committee meeting to send a memorandum to the appropriate parties continues to stand; and to direct the Vice-Chair to follow-up and close-out this complaint, seconded by Brandon Stevens. Motion carried with two abstentions: (4:06:56) Ayes: David Jordan, Brandon Stevens, Jennifer Webster Abstained: Lisa Summers, Fawn Billie Not Present: Tina Danforth, Tehassi Hill, Trish King For the record: Vice-Chairwoman Melinda J. Danforth stated Secretary Summers and Councilwoman Fawn Billie have recused themselves from this matter. 4. Accept update regarding complaint # 2016-DR07-01 (2:25:56) Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM OCTOBER 12, 2016: Motion by Tehassi Hill to accept the verbal update; and to request an update be brought back in two (2) weeks, seconded by Jennifer Webster. Motion carried unanimously. Motion by Lisa Summers to accept the update; and to acknowledge that a close-out report with the final recommendations will be made for the November 9, 2016, regular Business Committee meeting agenda, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King 5. Discuss request for job title change of Medical Director to Comprehensive Health Division Director-Medical (This item is scheduled to begin at 10:00 a.m.) (2:26:33) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman EXCERPT FROM OCTOBER 12, 2016: Motion by Jennifer Webster to defer this item to the October 26, 2016, regular Business Committee in order to allow for additional information to be followed up on, seconded by Tehassi Hill. Motion carried with one unanimously. Motion by Jennifer Webster to approve the request for job title change of Medical Director to Comprehensive Health Division Director-Medical, noting there is no salary change associated with this request, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 15 of 18 Open Packet Page 29 of 198 DRAFT 6. Review financial update regarding release of confidential employee information Sponsor: Larry Barton, Chief Financial Officer EXCERPT FROM OCTOBER 12, 2016: Motion by Tehassi Hill to request the Finance Department to identify cost and funds to potentially provide identity theft insurance to the thirty-eight (38) employees; and to direct that report to come back in two (2) weeks, seconded by Jennifer Webster. Motion carried with one unanimously. Motion by Lisa Summers to defer this item to the end of the agenda, seconded by Fawn Billie. Motion carried unanimously: (2:27:01) Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Motion by Lisa Summers to accept the written recommendations with a change to provide the cost up front to the employees affected; and that the approved plan be the standard plan, seconded by Jennifer Webster. Motion carried unanimously: (4:07:52) Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Motion by Lisa Summers to request the Law Office to complete the Norbert Hill Building Access Standard Operating Procedure as soon as possible; and to bring it back to Business Committee for approval and implementation, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King a. Accept verbal update regarding concern # 2016-CC-15 Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM SEPTEMBER 28, 2016: (1) Motion by Tehassi Hill to request the Human Resources Department to expedite their investigation regarding concern # 2016CC-15, seconded by Jennifer Webster. Motion carried with one abstention. (2) Motion by Tehassi Hill to request the Law Office to complete a legal opinion on the potential liability to the Oneida Nation for the disclosure of confidential information, seconded by Jennifer Webster. Motion carried with one abstention. No action taken on item 13.D.06.a. during the October 26, 2016, regular Business Committee meeting. Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 16 of 18 Open Packet Page 30 of 198 DRAFT E. NEW BUSINESS 1. Review personnel related request and determine next steps (2:27:42) (This item is scheduled to begin at 9:30 a.m.) Sponsor: Dale Wheelock, Executive Director/Oneida Housing Authority Motion by Lisa Summers to decline the title reassignment request, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Motion by Lisa Summers to include the wage assessment request to the FY18 budget or wage compensation plan, whichever comes first, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Motion by Lisa Summers to direct the Vice-Chair and one other Officer to conduct the requested expectations follow-up with the Oneida Housing Authority Director, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King 2. Approve limited waiver of sovereign immunity – Wells Fargo Merchant Services – contract # 2016-1136 (2:28:58) Sponsor: Larry Barton, Chief Financial Officer Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – Wells Fargo Merchant Services – contract # 2016-1136, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King 3. Approve Attorney Retainer Agreement – contract # 2016-1084 (2:30:44) Sponsor: Councilman David Jordan, Liaison Alternate/Oneida Personnel Commission Motion by Lisa Summers to deny the request to approve the Attorney Retainer Agreement – contract # 2016-1084, noting the request is inconsistent with the Continuing Budget Resolution, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Motion by Lisa Summers to request the Law Office to administer an RFP for an attorney to work with the Oneida Personnel Commission, noting the contract quadrupled in a one (1) year period, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 17 of 18 Open Packet Page 31 of 198 DRAFT 4. Review request regarding hiring of critical key management position (2:35:47) Sponsor: Louise Cornelius, Gaming General Manager Motion by Lisa Summers to not approve the request for reconsideration; and to forward the identified concerns to the next Business Committee work meeting for follow-up, seconded by David Jordan. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King XIV. ADJOURN Motion by David Jordan to adjourn at 4:02 p.m., seconded by Lisa Summers. Motion carried unanimously: Ayes: Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Trish King Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented/corrected on ___________. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes - DRAFT of October 26, 2016 Page 18 of 18 Open Packet Page 32 of 198 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 11 / 09 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Resolutions Accept as Information only Action - please describe: Approve resolution supporting Menominee's opposition to Back 40 Mine Project. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Nathan King, Director of Intergovernmental Affairs & Communications Primary Requestor: Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Open Packet Page 33 of 198 Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # __-__-__-_ Opposition to Back 40 Mine Project in Michigan 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 stands with the Menominee Nation and the residents in opposition to the proposed Back Forty Mine. The location on the Menominee River is historically and culturally significant to the Menominee people due to the existence of cultural properties by way of raised agricultural fields, funerary objects, multiple mounds, burial sites, and villages and is the place of origin for the Menominee people; and WHEREAS, Oneida opposes any proposed mine that has any adverse impacts on the environment, health and well-being of the people of Wisconsin; and WHEREAS, the Aquila Resource, Inc. will utilize open-pit mining for extraction and a removal process which has historically caused detrimental impacts to the water, environment, wildlife, animals, and cultural properties as demonstrated with other similar mines; and WHEREAS, the Oneida Nation is determined to uphold and respect our original instructions to care for and protect Mother Earth. We are instilled with the responsibility to leave this place better than we found it, to uphold the next seven generation philosophy, and to promote sustainability in our daily decisions; and WHEREAS, it is well known that the impacts of mining activities are widespread and long lasting and it also well known that corrective measures must be put in place to protect the long-term interests of the people and the environment in which we live; and WHEREAS, the harm this proposal will inflict on residents of both the State of Michigan and State of Wisconsin, the environment, and the tourism industry cannot be justified by the mining industry and should not be permitted; and NOW THEREFORE BE IT RESOLVED, the Oneida Nation urges the State of Michigan to include the Menominee Nation and other tribes in full and early participation in “purpose and need” infrastructure permitting decisions. NOW THEREFORE BE IT FINALLY RESOLVED, the State of Michigan should establish a consultation process with the Menominee Nation to make certain open communication and engagement occurs and to ensure Tribal sacred places and vital cultural resources are protected. Open Packet Page 34 of 198 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 11 / 09 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Resolutions Accept as Information only Action - please describe: Adopt resolution entitled Adoption of Definition and Guidance Regarding "Day-to-Day" 3. Supporting Materials Report Resolution Contract Other: 1. Statement of Effect 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Lisa Liggins, Executive Assistant II Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Open Packet Page 35 of 198 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: **Background** The Business Committee directed Chief Counsel, Jo Anne House, to develop the attached resolution regarding the definition and guidance regarding "day-to-day" on Wednesday, October 19, 2016, following the Business Committee's two-day retreat. A draft was completed on October 19, 2016. The draft was reviewed by the Business Committee on November 1, 2016. Revisions were made and the final resolution is being presented to the Business Committee for adoption at the November 9, 2016, regular Business Committee meeting. The resolution has been submitted to the Legislative Reference Office for a Statement of Effect. **Request Action** Adopt resolution entitled Adoption of Definition and Guidance Regarding "Day-to-Day" 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Open Packet Page 36 of 198 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Oneida, WI 54155 BC Resolution # _______________ Adoption of Definition and Guidance Regarding “Day-to-Day” 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, over the years the General Tribal Council has taken direct action or ratified actions of the Oneida Business Committee which provide guidance regarding authorities, responsibilities and limitations of the Oneida Business Committee regarding its actions on behalf of the Oneida Nation, for example, the Oneida Administrative Procedures Act adopted by Oneida Business Committee resolution # BC-05-02-90-A which was ratified by the General Tribal Council by resolution # GTC-08-19-91-A and Addendum and which was replaced by the Legislative Procedures Act by adoption of resolution # GTC-01-0713-A, which provided the same delegations and guidance regarding legislative authority and responsibilities; and WHEREAS, the Oneida Business Committee adopted the Tribal Management System by motion at the May 5, 1975, meeting and that action was ratified by the General Tribal Council by motion at the February 8, 1977, meeting, and which have been in place consistently since that time and are now known as the Personnel Policies and Procedures; and WHEREAS, the General Tribal Council, at the February 14, 1976, adopted resolution # GTC-02-14-76 which directed that members of the Oneida Business Committee could not hold employment positions in the Tribe, and in Whereas #2 and #7 identified that the Oneida Business Committee is “the policy making body of the Tribe” and that “there is a need to "maintain a separation of the legislative and administrative responsibilities of the Tribe”; and WHEREAS, the General Tribal Council in 1982 adopted resolution # GTC-2-25-82 which recognized in Whereas #2 the growth and complexity of the Tribe which required “technical skills of trained administrators” and in Whereas #3 that “the elected officials need to maintain a separation of the legislative and administrative responsibilities of the Tribe”; and WHEREAS, the 1982 resolution of the General Tribal Council in Resolve #2 directed the Oneida Business Committee to be “actively involved in the legislative areas” and in Resolve #1 directed that a General Manager be hired to be “directly responsible for the programs and enterprises of the Tribe;” and WHEREAS, at the July 30, 1990, meeting the General Tribal Council, after several meetings, adopted “job descriptions” for the Oneida Business Committee members outlining their responsibilities and focusing on governing versus administration activities; and Open Packet Page 37 of 198 BC Resolution # _______________ Adoption of Definition and Guidance Regarding “Day-to-Day” Page 2 of 2 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 WHEREAS, at the January 17, 1998, meeting the General Tribal Council adopted a motion to “make further clarification that the Oneida Business Committee’s involvement and/or activity is hereby restricted to legislative policy development and not in day-to-day personnel/HRD matters including restriction of their involvement on various committees related to HRD and personnel matters or activity;” and WHEREAS, in 2011 the Oneida Business Committee adopted a series of resolutions which implemented at July 2000 General Tribal Council motion adopting “Plan B” which resulted in the removal of the General Manager and Chief of Staff positions from the organizational structure and identified that until such time as “Plan B” could be updated the Division Directors would be reporting directly to the Oneida Business Committee; and WHEREAS, the Oneida Business Committee reported out the challenges of updating the organizational structure and need for additional time to finalize which is now being finalized by the current Oneida Business Committee; and WHEREAS, the Oneida Business Committee has taken action to further clarify terms to provide additional guidance when needed, for example, resolution # BC-01-14-09-D, Definition of Oversight and resolution # BC09-24-14-C, Adopting Standards for the Roles and Responsibilities for Oneida Business Committee Liaison Assignments; and WHEREAS, the Oneida Business Committee has recognized the long history of the demand to refrain from day-to-day activities and the lack of clear definition or direction regarding the term day-to-day activities and has determined that defining this term is in the best interests of the Nation and its legislative and administrative activities; and NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby defines “day-to-day” in regards to the directions of the General Tribal Council in 1976, 1982, 1994 and 1998, as follows. Day-to-day refers to the action of addressing an individual issue rather than a policy direction; day-to day concerns the use of one’s office to influence or change the outcome of a decision or action of a program, service, business unit of the organization rather than a change in the legislative directions set forth in laws, rules, and policies of the Nation; and, day-to-day refers to the restraints placed on the Oneida Business Committee to address the policy direction of the Nation by the General Tribal Council. NOW THEREFORE BE IT FINALLY RESOLVED, the Oneida Business Committee directs that it is not a violation of the day-to-day restrictions set by the General Tribal Council to listen to individual questions or concerns and guide those individuals to the proper office or forum that can provide direction or resolution to their questions or concerns and that such responsibility is an inherent responsibility of an elected official to their constituents. Open Packet Page 38 of 198 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida‐nsn.gov Statement of Effect Resolution: Adoption of Definition and Guidance Regarding “Day-to-Day” Summary Over the years, General Tribal Council (GTC) has taken actions which established the role of the Oneida Business Committee (OBC). One requirement has been reiterated by GTC - that the OBC is responsible for policymaking and is not to be involved in “day to day” personnel matters. The GTC has not provided a specific definition for “day-to-day.” This resolution is adopting a definition for “day-to-day” in regards to the directions of GTC;    refers to addressing an individual issue rather than a policy direction; concerns the use of one’s office to influence or change the outcome of a decision or action of a program, service, business unit of the organization rather than a change in the legislative directions set forth in laws, rules, and policies of the Nation; and, refers to the restraints placed on the OBC to address the policy direction of the Nation by GTC. The resolution also “directs” that it is not a violation of GTC’s day-to-day restrictions for the OBC to listen to individual questions or concerns, and to guide those individuals to the proper office or forum to provide direction or resolution. Instead the resolution states that doing so is in fact the OBC’s inherent responsibility as elected official to their constituents. Submitted by: Tani Thurner, Staff Attorney, Legislative Reference Office Analysis by the Legislative Reference Office The resolution finds that over the years, GTC has provided guidance as to the authorities, responsibilities and limitations of the OBC both through taking direct actions and by ratifying actions taken by OBC. One example of direction provided by GTC stems from a motion adopted at the January 17, 1998 GTC meeting, which stated, in part, “the Oneida Business Committee’s involvement and/or activity is hereby restricted to legislative policy development and not in day-to-day personnel/HRD matters[.]” This resolution finds that the OBC has:  recognized the long history of “the demand” to refrain from day-to-day activities, and  determined that there is a lack of clear definition or direction regarding the term “day-today activities”  determined that defining this term is in the best interests of the Nation and its legislative and administrative activities. Page 1 of 2 Open Packet Page 39 of 198 Oneida Law The Constitution creates and establishes the role of the OBC. Art. III, Section 3 states that the OBC shall “perform such duties as may be authorized by the General Tribal Council.” The Constitution identifies responsibilities for each of the officer positions on the OBC – i.e. the Chairman presides over GTC meetings, performs the “usual duties” of a chairman, and exercises any authority delegated by GTC; the Vice-Chairman assists the chairman when called upon do so, and presides in the absence of the Chairman; the Secretary is responsible for conducting all tribal correspondence and creating/maintaining records of GTC matters, and the Treasurer has various responsibilities related to keeping and reporting on funds in the custody of GTC. These requirements do not specifically identify the duties or responsibilities of the OBC as a body – instead, GTC is responsible for defining the exact parameters of OBC’s role. Conclusion This resolution does not conflict with any of the Nation’s laws. Page 2 of 2 Open Packet Page 40 of 198 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 11 / 9 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Standing Committees Accept as Information only Action - please describe: Approve the October 20, 2016 LOC Minutes 3. Supporting Materials Report Resolution Contract Other: 1. 10/20/16 LOC Minutes 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Brandon Stevens, LOC Chair Primary Requestor/Submitter: Jennifer Falck, LRO Director Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Open Packet Page 41 of 198 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Open Packet Page 42 of 198 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Business Committee Conference Room-2nd Floor Norbert Hill Center October 20, 2016 9:00 a.m. Present: Brandon Stevens, Tehassi Hill, Jennifer Webster, David P. Jordan, Fawn Billie Others Present: Jennifer Falck, Tani Thurner, Clorissa Santiago, Maureen Perkins, Rhiannon Metoxen, Cathy Bachhuber, Krystal John, Terry Cornelius I. Call to Order and Approval of the Agenda Brandon Stevens called the October 20, 2016 Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Jennifer Webster to adopt the agenda; seconded by Tehassi Hill. Motion carried unanimously. II. Minutes to be approved 1. October 5, 2016 LOC Meeting Minutes Motion by David P. Jordan to approve the October 5, 2016 LOC meeting minutes; seconded by Fawn Billie. Motion carried, with Jennifer Webster abstaining. III. Current Business 1. Back Pay Amendments Motion by David P. Jordan to approve the Back Pay law adoption packet, including the financial impact statement, and to forward to the Oneida Business Committee for consideration; seconded by Tehassi Hill. Motion carried unanimously. 2. Election Law Amendments Motion by Tehassi Hill to approve the Election Law Amendments adoption packet and to forward to the Oneida Business Committee for consideration; seconded by David P. Jordan. Motion carried unanimously. 3. Leasing Law Amendments Motion by Tehassi Hill to approve the Leasing Law Amendments adoption packet, with the addition of an Oneida translation to the title and forward to the Oneida Business Committee for consideration; and direct the Legislative Reference Office to prepare a submittal packet for BIA review upon adoption; seconded by Fawn Billie. Motion carried unanimously. 4. Budget Management and Control Law Motion by Jennifer Webster to accept the Budget Management and Control Law draft and forward to the LRO for a legislative analysis; seconded by Tehassi Hill. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of October 20, 2016 Page 1 of 2 Open Packet Page 43 of 198 5. Employment Law Motion by David P. Jordan to approve the Employment Law packet and forward to the Oneida Business Committee to be placed on the Annual General Tribal Council meeting agenda for January 2017; seconded by Fawn Billie. Motion carried unanimously. IV. New Submissions 1. Drug and Alcohol Free Workplace Policy Emergency Amendments Motion by Fawn Billie to add Drug and Alcohol Free Workplace Policy Amendments to the active files list with Fawn Billie and Jennifer Webster as co-sponsors; Seconded by David P. Jordan. Motion Carried unanimously. Motion by Fawn Billie to approve the emergency adoption packet and forward to the Oneida Business Committee for consideration; seconded by David P. Jordan. Motion carried unanimously. 2. Petition: Genskow/Metivier Motion by David P. Jordan to add Genskow/Metivier petition to the active files list with Brandon Stevens as the sponsor; seconded by Jennifer Webster. Motion carried unanimously. Motion by Fawn Billie to approve the statement of effect and forward to the Oneida Business Committee for consideration; seconded by Jennifer Webster. Motion carried unanimously. V. Additions VI. Administrative Updates 1. Election Law – Campaign Finance Memo Motion by Jennifer Webster to accept the Election Law-Campaign Finance memo as information; seconded by Fawn Billie. Motion carried unanimously. VII. Executive Session VIII. Recess/Adjourn Motion by David P. Jordan to adjourn the October 20, 2016 Legislative Operating Committee meeting at 9:16 a.m.; seconded by Jennifer Webster. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of October 20, 2016 Page 2 of 2 Open Packet Page 44 of 198 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 11 I 09 I 16 2. General Information: Session: [8] Open D Executive- See instructions for the applicable laws, then choose one: Agenda Header: !standing Committees D Accept as Information only [8] Action- please describe: BC approval of Finance Committee Meeting Minutes of October 31,2016 3. Supporting Materials D Report D Resolution D Contract [8] Other: 1.j'F_C_M_t_g_M--in-u-te_s_o_f_1_0/_3_1_/1_6_______________, 3. 4. 2.,FC E-Poll approving 10/31/16 Minutes L-------------------------------~ D Business Committee signature required 4. Budget Information D Budgeted- Tribal Contribution D Budgeted -Grant Funded D Unbudgeted 5. Submission AuthorizedSponsor/Uaison:~ L_ri_sh__K_in~g~,_Tr_ib_a_I_T_re_a_s_u_re_r____________________________________~ Primary Requestor: Denise Vigue, Executive Assistant /Finance Administration Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 Open Packet Page 45 of 198 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Oneida Business Committee approval is required to approve all Finance Committee meeting actions as the FC is a standing committee of the OBC. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Open Packet Page 46 of 198 ONEIDA NATION P.O. Box 365 Oneida, WI 54115 MEMORANDUM TO: Finance Committee CC: Business Committee FR: Denise Vigue, Executive Assistant DT: November 1, 2016 RE: E-Poll Results of: FC Meeting Minutes of Oct. 31, 2016 An E-Poll vote of the Finance Committee was conducted to approve the October 31, 2016 Finance Committee meeting minutes. The results of the completed E-Poll are as follows: E-POLL RESULTS: There was a Majority 4 YES votes from Larry Barton, Patrick Stensloff, Jennifer Webster, and Wesley Martin, Jr. to approve the OCTOBER 31, 2016 Finance Committee Meeting Minutes. The minutes will be placed on the next BC agenda of Nov 9, 2016 for approval and the next Finance Committee agenda of Nov 14, 2016 to ratify this E-Poll action. Yaw⩑ko __________________________________________________________________________________________________________________________________________________________ * Per the Finance Committee By-Laws Article III-Meetings, 3-4 Quorum. Four (4) members of the Finance Committee shall constitute a quorum & 3-6 Voting. (d) The Finance Committee shall act by a majority of vote of the quorum present at any meeting. Finance Administration Office Phone: 920- 869-4325 FAO@oneidanation.org Open Packet Page 47 of 198 ONEI D A FI N ANCE COM M I TTEE STRATEGIC FINANCIAL PLANNING MEETING October 31, 2016 – 9:00 A.M. BC Executive Conference Room REGULAR MEETING October 31, 2016 – 10:00 A.M. BC Executive Conference Room REGULAR MEETING MINUTES FC SFP Meeting: Patricia King, Treasurer/FC Chair Jenny Webster, BC Council Member Larry Barton, CFO/FC Vice-Chair Wesley Martin, Jr., Community Elder Member Excused: David Jordan, BC Council Member, Patrick Stensloff, Purchasing Director, Chad Fuss, Gaming AGM/FC Alternate Others Present: Krystal John and RaLinda Ninham-Lamberies FC Regular Meeting: Patricia King, Treasurer/FC Chair Jenny Webster, BC Council Member Wesley Martin, Jr., Community Elder Member Larry Barton, CFO/FC Vice-Chair Patrick Stensloff, Purchasing Director Excused: David Jordan, BC Council Member and Chad Fuss, Gaming AGM/FC Alternate Others Present: Lisa A. Moore, Megan White, Latsi Hill, Joanie Buckley, Lori Hill, Susan White, Norbert Hill and Denise Vigue, taking minutes I. Ca ll t o O r d e r: The FC meeting was called to order by the FC Chair at 10:00 A.M. II. Ap p ro v a l o f Ag e n d a: OCTOBER 31, 2016: Motion by Jennifer Webster to approve the Finance Committee agenda for October 31, 2016 with six (6) ADD ON Requests. Seconded by Wesley Martin, Jr. Motion carried unanimously. III. Ap p ro v a l o f M in u t es: OCTOBER 17, 2016 (approved via FC E-Poll on 10/18/16): Motion by Patrick Stensloff to ratify the FC E-Poll action of Oct 18, 2016 approving the Finance Committee meeting minutes of Oct 17, 2016. Seconded by Wesley Martin, Jr. Motion carried unanimously. IV. T ab le d Bu sin e ss: 1. FY17 Blanket PO-Oneida Post Office Michelle Danforth, Oneida Printshop Motion by Jennifer Webster to remove from the table for discussion. Seconded by Patrick Stensloff. Motion carried unanimously. Joanie Buckley was present to discuss this request explaining the need of Printshop to process tribal mailers and Gaming mailers; understood gaming has own funds for budget but no intertribal for billing has been processed; this request is the normal amount based on last years’ averages, minus costs for gaming mailers; current costs/bills precipitated Purchasing Director to step in to set up a Purchase Order to cover, but still need entire amount for the year. Patrick indicated it would be prudent to set up one Intertribal PO between Gaming and Printshop, and one Purchase Order from the Printshop to the Post Office. Motion by Larry Barton to approve the $865,000 Intertribal Purchase Order for internal billing between Gaming and the Oneida Printshop for Gaming postage for FY2017. Seconded by Wesley Martin, Jr. Motion carried unanimously. Page 1 of 4 Finance Committee Meeting Minutes of OCTOBER 31, 2016 Open Packet Page 48 of 198 Motion by Jennifer Webster to approve the FY17 Blanket Purchase Order for the Post Office in the amount of $900,000. Seconded by Larry Barton. Motion carried unanimously. V. Cap it al Ex p en d it u r e s : 1. Interseeder Technologies PO Increase (shipping) Michael Finney, Environmental Motion by Jennifer Webster to approve the PO Increase with Interseeder Technologies for shipping costs in the amount of $1,800. Seconded by Wesley Martin, Jr. Motion carried unanimously. VI. New B u s in es s: 1. M3 - Onsite Wellness Svs.-(SE) Robert Keck, Risk Management Amount: $75,000. Lisa Moore was present to explain this and the following request for an on-site wellness pilot initiative offered to all employees. Funds identified through tribal contribution, after one year will assess value and if continued will then come from the insurance pool; there were questions as to two requests, one is for chiropractic services and the other for nurse practitioner services, communication will be rolled out to employees after final approval from the FC and the OBC; there was discussion on the extent of input from Comprehensive Health. Motion by Jennifer Webster to approve the FY17 Blanket Purchase Order’s for this and the following request for the Wellness Pilot Program in the amounts indicated. Seconded by Wesley Martin, Jr. Motion carried unanimously. 2. M3 - Onsite Wellness Svs.-(TH) Robert Keck, Risk Management - See action taken in NB #1 VII. Amount: $40,500. O t he r Bu si n e s s: 1. ADD ON: FC Recommendation RE: Acheson Education Endowment Package Patricia King, Treasurer Patricia King explained package contents including some of the background information, the original bequest; the current directives, some of the identified needs, proposed priorities, and potential disbursement. This final stage of processing this fund into an endowment under the law would Finance Committee approval to move forward. There was discussion over other areas, internal and external, that would cover some of the identified priorities as well as the need to give time to the OBC, Trust Committee, Finance Committee and the new Governmental Services Director to review package and offer their input for changes/edits/requests. Motion by Larry Barton to forward the Acheson Education Endowment Package to the Business Committee, the Trust Committee, the Finance Committee and the Governmental Services Director for their input within 30 days and to bring information back to the Finance Committee. Seconded by Wesley Martin, Jr. Motion carried unanimously. 2. ADD ON: Oneida Budget Management and Control Act-Draft 11 Patricia King, Treasurer Patricia King reviewed the: Title 1. Government and Finances – Chapter 121 Budget Management and Control Law Draft 11 with the Finance Committee providing the final edits this morning. The next step is for this to be supported by the Finance Committee to be forwarded to the LRO for analysis. Motion by Larry Barton to approve sending the Oneida Budget Management & Control Act - Draft 11 with the final few edits discussed this morning to the Legislative Reference Office (LRO) for analysis. Seconded by Jennifer Webster. Motion carried unanimously. VIII. E xe cu t iv e Se s sio n: N o i tem s Page 2 of 4 Finance Committee Meeting Minutes of OCTOBER 31, 2016 Open Packet IX. Page 49 of 198 Com mu n it y F u n d : 1. GB Youth Hockey Participation fees Shakira Rasmussen for son, Zander Motion by Larry Barton to approve from the Community Fund the Green Bay Hockey participation fees for the son of the requestor in the amount of $200. Seconded by Jennifer Webster. Motion carried unanimously. 2. Children Come First -Conference Registration Camille GoodEagle Motion by Jennifer Webster to approve from the Community Fund the conference registration fees for the requestor in the amount of $200; and conference registration fees for her son in the amount of $100. Seconded by Larry Barton. Motion carried unanimously. 3. Children Come First -Conference Registration Camille GoodEagle for son Xavier - See Motion in CF #2. 4. Starz Academy class fees Constance Danforth for daughter, Lenna Motion by Larry Barton to approve from the Community Fund the Starz Academy class fees for the daughter of the requestor in the amount of $200. Seconded by Jennifer Webster. Motion carried unanimously. 5. Green Bay Elite Cheer class fees Dan Doxtator for daughter, Ella Motion by Jennifer Webster to approve from the Community Fund the Green Bay Elite Cheer class fees for the daughter of the requestor in the amount of $200. Seconded by Patrick Stensloff. Larry Barton abstained. Motion carried. 6. GB Youth Hockey Participation fees Megan White for son, Cullen Motion by Wesley Martin, Jr. to approve from the Community Fund the Green Bay Youth Hockey Participation fees for both sons of the requestor in the amount of $200 each. Seconded by Larry Barton. Motion carried unanimously. 7. GB Youth Hockey Participation fees Megan White for son, Brayden - See action taken in CF #6 8. ADD ON: Blanket Sharing Program Latsiklanunha Hill, OPD Motion by Larry Barton to approve from the Community 10 cases of Coca-Cola products to be used at the OPD Blanket Sharing Program. Seconded by Jennifer Webster. Motion carried unanimously. 9. ADD ON: Southwest Youth Basketball fees Sacheen Lawrence for daughter, M’Kenzey Motion by Jennifer Webster to approve from the Community Fund the Southwest Youth Basketball fees for requests #9, #10, & #11 in the amount of $125 each. Seconded by Patrick Stensloff. Motion carried unanimously. 10. ADD ON: Southwest Youth Basketball fees Sacheen Lawrence for daughter, Raeanne - See action taken in CF #9 Page 3 of 4 Finance Committee Meeting Minutes of OCTOBER 31, 2016 Open Packet Page 50 of 198 11. ADD ON: Southwest Youth Basketball fees Debra Cloud for daughter, Mariah - See action taken in CF #9 X. Foll o w Up : N o i tem s XI. FY I an d / o r T h an k Y o u : N o i t em s XII. Ad jo u r n : Motion by Jennifer Webster to adjourn. Seconded by Wesley Martin, Jr. Motion carried unanimously. The regular FC meeting ended at 11:08 A.M. Minutes taken & transcribed by: Denise Vigue, Executive Assistant to the CFO & Finance Committee Contact/Recording Secretary Finance Committee- E-Poll Minutes Approval Date: November 1, 2016 Oneida Business Committee- FC Minutes- Approval Date: Page 4 of 4 Finance Committee Meeting Minutes of OCTOBER 31, 2016 ______ Open Packet Page 51 of 198 ONEIDA NATION Finance A dministrati on P.O. Box 365 ● Oneida, WI 54155 Phone: 920- 869-4325 FAO@oneidanat ion.org MEMORANDUM To: Oneida Finance Committee Fr: Denise Vigue, Executive Assistant-Finance Dt: November 2, 2016 Re: E-Poll Results – CF Request: Alex Solak Fundraiser On November 1, 2016, with the Treasurer on leave for two weeks, the Chief Financial Officer approved an E-poll of the Finance Committee regarding two (2) Community Fund Requests for funds and product for the Alex Solak Fundraiser on December 11, 2016. E-POLL RESULTS: There was a Majority - 5 YES votes from David Jordan, Chad Fuss, Jennifer Webster, Wesley Martin, Jr. and Patrick Stensloff to approve the above donation request in the amount of $200 and 10 cases of Coca-Cola product. This concludes the Finance Committee Special E-poll. The information will be forwarded to the Business Committee Nov. 9, 2016 agenda along with the FC meeting minutes of Oct 31, 2016. This item will also be place on the FC agenda of Nov. 14, 2016 to ratify this E-Poll. Thank You. Finance Committee By-Laws excerpt: Article III. Meetings 3-6. Voting (c) Telephone and e-mail polls may be allowed by authority of the (Finance Committee) Chairperson. Polls must be sent to all Finance Committee members with a quorum responding. Open Packet Page 52 of 198 Denise J. Vigue From: Sent: Subject: Attachments: Denise J. Vigue Tuesday, November 01, 2016 2:51 PM Chad M. Fuss; David P. Jordan; Jennifer A. Webster; Lawrence E. Barton; Louise C. Cornelius; Patricia M. King; Patrick W. Stensloff; Wesley Martin Spl E-Poll: 2 Community Fund Requests CF Req_Funds for Fundraiser.pdf; CF Req_Product for Fundraiser.pdf; fundraiser flyer.pdf Importance: High To: Good Afternoon, With the Treasurer out of the office for several weeks the CFO has approved an E-Poll of the Finance Committee for two requests (funds $200 & product- 10 Cases} for a fund raising event for an Oneida Youth. The Event is on Dec. 11th, but because the FC does not review CF requests again until Dec 5th and the BC does not approve those minutes until Dec 14th it would be too late for this event. Thank you all for your attention and prompt replies to this E-Poll request. Denise Vigue, Executive Assistant to the CFO FINANCE ADMINISTRAIION OFFICE & FINANCE COMMITIEE CONTACT ~ ONEIDA A good mtl'\d. A good heart. A ~trong fire. office 920.869.4325 fax 920.869.4393 P.O. Box 365 Oneida, WI 54155 FAO@oneidanation.org 1 Open Packet Page 53 of 198 T:!Ui~:rN= .~""!, . . . ~""'!e'A·: r'~: . , .. irl.il .. ··... '\# · TE.D SKIENAND·ORE!··. ;FOR IINFO CAILIL NADii!NE :SIKE:NAIDORE (928') 715=3328 . Open Packet Page 54 of 198 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 11 I 09 I 16 2. General Information: Session: ~ Open AgendaHeader: 0 Executive- See instruCtions for the applicable laws, then choose one: jLA~p~p_o_in_t_m_e_n_ts______________________________________________________~ 0 Accept as Information only ~ Action- please describe: BC approval of recommendations for the Oneida Pow Wow Committee. 3. Supporting Materials 0 Report 0 Resolution 0 Contract ~ Other: l.I'M_e_m_o________________________, 3. 4. 2. 0 Business Committee signature required 4. Budget Information 0 Budgeted -Tribal Contribution 0 Budgeted- Grant Funded 0 Unbudgeted 5. Submission Authorized Sponsor I Liaison: Cristina Danforth, Tribal Chairwoman Primary Requestor/Submitter: Submitted by Lora Skenandore, Assistant to Chairwoman Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of 2 Open Packet Page 55 of 198 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: BC to approve the recommendations for the Oneida Pow Wow appointment. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: B(_Agenda_Requests@oneidanation.org Page 2 of2 Open Packet Page 56 of 198 Oneida Nc:ltion Oneida BusJncss Committee PO 13X 3f,5 • 01Wklit WI 5•11')5 o·.l6S oneh:fit·n.s-n.gov TO: ONEIDA BUSINESS COMMITTEE FROM: CHAIRWOMAN TINA DANFORTH DATE: NOVEMBER 1, 2016 RE: PERSONNEL COMMISSION APPOINTMENT "\ ODmlOO= ONEIDA As per the motion requesting clarification for posting #3 with deadline of June 20, 2016 not being filled. This posting has two vacancies left open of which there are no applications to appoint anyone. I recommend re-posting for the two vacancies. In regards to posting #4 with a deadline of July 15, 2016 there is one full term vacancy and I am recommending Richard Hill-Elm. The candidate is qualified to serve. In accordance with the Article VI., Section 6-2 (c) of the Comprehensive Policy Governing Boards, Committees and Commissions. Thank You. hcnrL /\ .'.i rong Open Packet Page 59 of 198 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 11 / 09 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Unfinished Business Accept as Information only Action - please describe: Enter E-Poll results into the record for approved letter of opposition of Back Forty Mine Project 3. Supporting Materials Report Resolution Contract Other: 1. Emails with request and results 3. 2. Agenda Request form for E-poll and draft letter 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Requestor: Nathan King, Director/Intergovernmental Affairs & Communications Your Name, Title / Dept. or Tribal Member Additional Requestor: Submitted by: Heather Heuer, Info. Mgmt. Specialist/BC Support Office Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Open Packet Page 60 of 198 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: ***BACKGROUND*** On Tuesday, November 1, 2016, at 8:27 a.m., the following E-Poll was conducted: Summary: Business Committee meeting excerpts regarding agenda item “Request from Environmental Resources Board to support Menominee Nation in opposing the Back Forty Mine”: EXCERPT FROM OCTOBER 26, 2016: Motion by Jennifer Webster to defer this item for two (2) weeks with the understanding that Intergovernmental Affairs & Communications will submit an E-Poll request with the letter of support for the Menominee Nation opposing the Back Forty Mine to Michigan Department of Environmental Quality, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM OCTOBER 12, 2016: Motion by Tehassi Hill to forward this item to the Intergovernmental Affairs & Communications Department to do further research; and for that area to bring back a report and proposed correspondence for the Business Committee to consider and support, to be conducted before the October 26, 2016, regular Business Committee meeting so that any action that may be taken can be accepted at the October 26, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. Requested Action: Approve letter of opposition of Back Forty Mine Project. Deadline for response: Responses are due no later than 4:00 p.m. on Tuesday, November 1, 2016. As of the deadline, below are the results: Support: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster ***REQUESTED BC ACTION*** Enter E-Poll results into the record for approved letter of opposition of the Back Forty Mine Project. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Open Packet Page 61 of 198 Heather M. Heuer From: Sent: To: TribalSecretary Tuesday, November 01, 2016 4:14 PM TribalSecretary; Brandon L. Yellowbird-Stevens; Cristina S. Danforth; David P. Jordan; Fawn J. Billie; Jennifer A. Webster; Lisa M. Summers; Melinda J. Danforth; Patricia M. King; Ronald W. Hill Brian A. Doxtator; Cathy L. Bachhuber; Danelle A. Wilson; Jessica L. Wallenfang; Leyne C. Orosco; Lisa A. Liggins; Lora L. Skenandore; Rhiannon R. Metoxen; BC_Agenda_Requests E-POLL RESULTS: Approve letter of opposition of Back Forty Mine Project Epoll request Back 40 Mine Project.pdf Cc: Subject: Attachments: E‐POLL RESULTS The request to approve the letter of opposition of the Back Forty Mine Project, is approved. Below are the results: Support: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster Heather Heuer Information Management Specialist Business Committee Support Office (BCSO) From: TribalSecretary Sent: Tuesday, November 01, 2016 9:36 AM To: Brandon L. Yellowbird‐Stevens ; Cristina S. Danforth ; David P. Jordan ; Fawn J. Billie ; Jennifer A. Webster ; Lisa M. Summers ; Melinda J. Danforth ; Patricia M. King ; Ronald W. Hill Cc: Brian A. Doxtator ; Cathy L. Bachhuber ; Danelle A. Wilson ; Jessica L. Wallenfang ; Leyne C. Orosco ; Lisa A. Liggins ; Lora L. Skenandore ; Rhiannon R. Metoxen Subject: RE: E‐POLL REQUEST: Approve letter of opposition of Back Forty Mine Project Importance: High Business Committee members, Please note the revised deadline to respond: Deadline for response: Responses are due no later than 4:30 p.m. on Wednesday, November 2, 2016 4:00 p.m., Today, November 1, 2016. From: TribalSecretary Sent: Tuesday, November 01, 2016 8:27 AM To: Brandon L. Yellowbird‐Stevens ; Cristina S. Danforth ; David P. Jordan ; Fawn J. Billie 1 Open Packet Page 62 of 198 ; Jennifer A. Webster ; Lisa M. Summers ; Melinda J. Danforth ; Patricia M. King ; Ronald W. Hill Cc: Brian A. Doxtator ; Cathy L. Bachhuber ; Danelle A. Wilson ; Jessica L. Wallenfang ; Leyne C. Orosco ; Lisa A. Liggins ; Lora L. Skenandore ; Rhiannon R. Metoxen Subject: E‐POLL REQUEST: Approve letter of opposition of Back Forty Mine Project Importance: High E‐POLL REQUEST Summary: Business Committee meeting excerpts regarding agenda item “Request from Environmental Resources Board to support Menominee Nation in opposing the Back Forty Mine”: EXCERPT FROM OCTOBER 26, 2016: Motion by Jennifer Webster to defer this item for two (2) weeks with the understanding that Intergovernmental Affairs & Communications will submit an E-Poll request with the letter of support for the Menominee Nation opposing the Back Forty Mine to Michigan Department of Environmental Quality, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM OCTOBER 12, 2016: Motion by Tehassi Hill to forward this item to the Intergovernmental Affairs & Communications Department to do further research; and for that area to bring back a report and proposed correspondence for the Business Committee to consider and support, to be conducted before the October 26, 2016, regular Business Committee meeting so that any action that may be taken can be accepted at the October 26, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. Requested Action: Approve letter of opposition of Back Forty Mine Project. Deadline for response: Responses are due no later than 4:30 p.m. on Wednesday, November 2, 2016. Voting: 1. Use the voting button above, if available; OR 2. Reply with “support” or “oppose” Heather Heuer Information Management Specialist Business Committee Support Office (BCSO) office 920.869.4421 cell 920.471.5002 fax 920.869.4040 CONFIDENTIALITY NOTICE: This message and any included attachments are intended only for the addressee. This message may contain privileged, confidential, or proprietary information. Unauthorized forwarding, printing, copying, distribution, or use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please inform us promptly by reply e-mail, then delete the e-mail and destroy any printed copy. 2 Open Packet Page 63 of 198 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 11 / 09 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Unfinished Business Accept as Information only Action - please describe: Approve e-poll results to send letter of opposition of Back 40 Mine Project. 3. Supporting Materials Report Resolution Contract Other: 1. Letter 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Nathan King, Director of Intergovernmental Affairs and C Primary Requestor: Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Open Packet Page 64 of 198 October 31, 2016 Office of Oil, Gas and Minerals 1504 West Washington Street Marquette, MI 49855 Re: Public Comments on Proposed Back Forty Mine, submitted via email DEQ-MiningComments@michigan.gov To Whom It May Concern: The Oneida Nation stands with the Menominee Nation and the residents in opposition to the proposed Back Forty Mine. Oneida opposes any proposed mine that has any adverse impacts on the environment, health and well-being of the people of Wisconsin. The location on the Menominee River is historically and culturally significant to the Menominee people due to the existence of cultural properties by way of raised agricultural fields, funerary objects, multiple mounds, burial sites, and villages and is the place of origin for the Menominee people. The Aquila Resource, Inc. will utilize open-pit mining for extraction and removal processes, a process which has historically caused detrimental impacts to the water, environment, wildlife, animals, and cultural properties as demonstrated with other similar mines. It is well known that the impacts of mining activities are widespread and long lasting. Permitting decisions must ensure that the public health and welfare of the environment and the people are protected. Though there is a mechanism for an environmental assessment, and it may have good intentions; however, those assessments do not fully take into consideration the protection of significant cultural resources of the Menominee people. Thus, the Oneida Nation urges the State of Michigan to include the Menominee Nation and other tribes in full and early participation in “purpose and need” infrastructure permitting decisions. In addition, the State of Michigan should establish a consultation process with the Menominee Nation to make certain open communication and engagement occurs and to ensure Tribal sacred places and vital cultural resources are protected. The Oneida Nation is determined to uphold and respect our original instructions to care for and protect Mother Earth. We are instilled with the responsibility to leave this place better than we found it, to uphold the next seven generation philosophy, and to promote sustainability in our daily decisions. The harm this proposal will inflict on residents of the State, the environment, tribal scared places and the tourism industry cannot be justified by the mining industry. Respectfully, Cristina Danforth, Chairperson Oneida Nation Open Packet Page 65 of 198 RECEIVED BY THE OFFICE OF TRIBAL SECRETARY Oneida Business Committee Agenda R ~~ BUSINEss COMMITTEE 1. Meeting Date Requested: I I I cr I -ao I b [.____ _ _ _! ONEIDA NATION INITIALS ___.Jiw.~..LH~..-__ 2. General Information: Session: ~ Open j ~--------------· D Executive- See instructions for the applicable laws, then choose one: .,,. D Accept as Information only D Action - please describe: .::r:~ r--et,_ves+iV\~ do,~pl-e of;- s+:o.."'dt"'..:) \Ze>c-~ Stov.K' +~,~De) SC\c..f~d Oc-e-L Sc-..~vviv-.- Co..W\ps ;"' Cn€. Co.."""f C\.V\.d t{,._e_ st:-o..V\.d:V\.0 Roc:l S,'ovK tt-al Council me~rs. Registration will be limited to two (2) participants per grantee organization. Training provided by the OHS Region XI Program Specialists and the OHS Region XI TITA Networl ..._1>- ¢) t-~ 0 (f ..._":> :.o' C(,0 ..._":> ....~~ ..._":> 0 C'/ ..._~ c: ' ..._b •.: t-q ..._b ....~~ ..._b ~e.5% 52% 52% 5 1% 50%53% ~~ Jf7% 48% 48% 49% ---- 57% 58% 50%47% "'1.::>/o 43% 42% 58% - 42% 58% -8- 0neida Enrolled ...... Non-Oneida 42% 30% 20% 10% 0% 2006 2007 2008 2009 20 10 2011 2012 20 13 2014 2015 2016 Since removing th e Summer St udent Interns and Youth Workers, th e Ethnicity Report w ent from 5 9%to 58% Enrolled Oneidas. In r in Number of Em piQyees in .c.QlJlparis_on to the pre.Y.io_us_y_e_a_r. There w ere 2719 employees in September of 201 5 and 2,720 employees in September 201 6 . This is an incr ease of one ( 1) employee in comparison to the previous year. Ethnicity Report- Sept 2016 • Enrolled O neida - 1,568 • Nat ive American - 58% 180 O ther- 972 Ethnicity Report- Sept 201 S • Enrolled Oneidas of W I - 1,574 • Other Native Americans - 178 58% O thers - 967 4 Open Packet Page 92 of 198 Hires Report For July - September 2016 • 59% of all hires were filled with enrolled Oneida Tribal members. • 88% of al l job reassignments were filled with enrolled Oneida Tribal members. • 67% of all transfers were filled with enrolled Oneida Tribal members. -- Hires Report July - Sept 2016 98 Hires Enrolled Oneida 14 Job Reassignments Native American 18 Transfers O ther 50% 0% 100% For July - September 2015 • 68% of all hires were filled with enrolled Oneida Tribal members. • 69% of all job reassignments were filled with enrolled Oneida Tribal members. • 70% of all transfers were filled with enrolled Oneida Tribal members. Hires Report July - Sept 2015 • Oneida Enrolled tran sfers 21 0 10 Job Rea ssignments 22 0 10 Hires 102 • Other Native American Other 15 5 29 Open Packet Page 93 of 198 Job Postings by Division for July, August and September 2016 July August Sept TOTAL 27 7 Development 0 12 1 0 10 Comprehensive Healt h 5 5 13 0 0 Gaming - 0 Land M anagem ent 0 - 0 Environmental, Hea lth & Safety 0 0 0 0 Enterprise 4 0 2 0 Finance 1 1 No n- Divisional 7 7 0 0 0 4 Governmental Ser vices 11 2 3 Tot al 33 25 24 6 0 2 18 16 82 Intern al Servi ces ~ 0 ~ - Job Postings Job Postings by Division for July, August and September 2015 July Au gust September TOTAL Ga ming 2 6 4 Comprehensive Hea lth 3 4 Development 0 0 1 5 0 12 12 1 0 0 0 0 0 0 0 1 l and M anagem ent Enviro nmental Health & Safet y Interna l Services 0 Enterpr ise 1 Finance 0 No n-Div isio nal 1 0 0 6 0 7 5 Governmental Services 7 9 3 Total 19 28 18 0 1 2 0 18 19 65 There were a total of 82 positions posted from July through September 2016. A total of 65 positions were posted from July through September of2015. There were 17 more positions posted this year during this timcframe when comparing these quarters. Comparison of Job Postings for 3rd Quarter (July- Sept} of 2015 and 2016 33 25 ----- 20 19 35 30 15 ~ ----- 28 25 24 ~:; 2015 18 10 5 0 July August September 2016 - Open Packet Page 94 of 198 Employee Separations Reports Reasons for Employee Separations -----July- Sept 2016 ====- - - - - - - ./1 lay Off 0 2 Temp Emp Ended Enrolled Oneida Retired Other Native American Quit • Other Dismissal Death _____ o Contract Ended / / Reasons for Employee Separations July - Sept 2015 Death I 1 Temp Emp. Ended 67 Retired _ 0 40 Quit Dismissal 2 - I 0 l 14 [ 25 Other Native American 4 ~ 5 I 19 ,__ - 2 I • Enrolled Oneida Other 4~ There were a total of 188 employee separations for the period July through September 2016 in comparison to 183 employee separations for July through September 2015. 7 Open Packet Page 95 of 198 Workforce Development Report for July, August, September 2016 July August September TOTAL Outstanding Applicant 0 8 0 NWTC 13 2 Support ive Services Collaboration with partners 4 9 3 83 10 0 0 3 15 0 5 1 0 14 3 42 Youth Employment Solution Success 0 6 0 14 0 Total 133 TrANS Work Certif ied Mock Interviews Presentations Client Outreach 11 16 6 66 1 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A886a6edf2134ca24. Public record. Not legal advice.