# Oneida Business Committee (2018) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A8b46b5e4d659e862 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 633 Oneida Business Committee Executive Session 8:30 a.m. Tuesday, August 7, 2018 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 a.m. Wednesday, August 8, 2018 and BC Conference Room, 2nd floor, Norbert Hill Center Agenda To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/ I. CALL TO ORDER AND ROLL CALL II. OPENING A. Special Recognition for years of service – Oneida Nation employees Sponsor: Geraldine Danforth, Area Manager/Human Resources Department III. ADOPT THE AGENDA IV. OATHS OF OFFICE A. Oneida ESC Group, LLC - Board of Managers – John Breuninger V. MINUTES A. Approve July 25-26, 2018, regular meeting minutes Sponsor: Lisa Summers, Secretary VI. RESOLUTIONS A. Adopt resolution entitled Continuing Budget Resolution - Fiscal Year 2019 Sponsor: Trish King, Treasurer VII. STANDING COMMITTEES A. COMMUNITY DEVELOPMENT PLANNING COMMITTEE (No Requested Action) B. FINANCE COMMITTEE Chair: Trish King, Treasurer 1. Approve August 1, 2018, Finance Committee meeting minutes Oneida Business Committee Regular Meeting Agenda Page 1 of 6 August 8, 2018 Public Packet 2 of 633 C. LEGISLATIVE OPERATING COMMITTEE Chair: David Jordan, Councilman 1. Accept July 18, 2018, Legislative Operating Committee meeting minutes D. QUALITY OF LIFE COMMITTEE (No Requested Action) VIII. APPOINTMENTS A. Review Chairman’s recommendation and determine next steps regarding one (1) Oneida Police Commission vacancy Sponsor: Tehassi Hill, Chairman EXCERPT FROM JULY 25-26, 2018: 1) Motion by Lisa Summers to defer this item to later on the agenda, after executive session, seconded by Jennifer Webster. Motion carried unanimously. 2) Motion by David P. Jordan to defer to the review of the Chairman’s recommendation regarding one (1) Oneida Police Commission vacancy to the August 8, 2018, regular Business Committee meeting, seconded by Kirby Metoxen. Motion carried unanimously. B. Review Chairman’s recommendation and determine next steps regarding one (1) Oneida Pow-wow Committee vacancy – term ending February 29, 2020 Sponsor: Tehassi Hill, Chairman IX. TABLED BUSINESS A. Accept Oneida Nation School Board SOP entitled ONSS Contracted Employee Indirect Compensation: Unused Personal Leave and Vacation Time (formerly entitled ONSS Employee Indirect Compensation: Trade Back for Cash) Sponsor: Todd Hill, Chair/Oneida Nation School Board EXCERPT FROM JULY 25-26, 2018: 1) Motion by David P. Jordan to take this item from the table, seconded by Brandon Stevens. Motion carried with one abstention. 2) Motion by Lisa Summers to table this item until a red-line version and a summary of the changes can be brought back, seconded by Kirby Metoxen. Motion carried with one opposed. EXCERPT FROM JUNE 27, 2018: Motion by Lisa Summers to table this item until the Oneida Nation School Board comes back with proposed resolutions to the concerns that were addressed here today, seconded by Kirby Metoxen. Motion carried unanimously. X. TRAVEL REPORTS A. Approve travel report – Councilman Kirby Metoxen – 2018 Native American Tourism of Wisconsin (NATOW) Conference – Hayward, WI – June 10-13, 2018 XI. TRAVEL REQUESTS A. Enter e-poll results into the record in accordance with OBC SOP entitled Conducting Electronic Voting: Sponsor: Lisa Summers, Secretary 1. Approved travel request in accordance with § 219.16-1 – Four (4) Language House Department staff – Great Law Recital – Niagara, NY – August 12-20, 2018 Oneida Business Committee Regular Meeting Agenda Page 2 of 6 August 8, 2018 Public Packet XII. 3 of 633 NEW BUSINESS A. Determine distribution – fifty (50) 2018 Indian Horse Relay tickets Sponsor: Lisa Summers, Secretary XIII. REPORTS (Scheduled times are subject to change) A. OPERATIONAL 1. Accept Environmental, Health, Safety & Land Division FY-2018 3rd quarter report (1:30 p.m.) Sponsor: Pat Pelky, Division Director/Environmental, Health, Safety & Land 2. Accept Comprehensive Housing Division FY-2018 3rd quarter report (1:50 p.m.) Sponsor: Dana McLester, Division Director/Comprehensive Housing 3. Accept Human Resources Department FY-2018 3rd quarter report (2:10 p.m.) Sponsor: Geraldine Danforth, Area Manager/Human Resources Department 4. Accept Retail Enterprise FY-2018 3rd quarter report (2:30 p.m.) Sponsor: Michele Doxtator, Area Manager/Retail Profits B. CORPORATE BOARDS 1. Accept Oneida Golf Enterprise Corporation FY-2018 3rd quarter report (2:50 p.m.) Sponsor: Josh Doxtator, COO/Oneida Golf Enterprise Corporation XIV. EXECUTIVE SESSION (Scheduled times are subject to change) A. REPORTS 1. Accept Environmental, Health, Safety & Land Division FY-2018 3rd quarter executive report – Pat Pelky, Division Director/Environmental, Health, Safety & Land (8:30 a.m.) 2. Accept Comprehensive Housing Division FY-2018 3rd quarter executive report – Dana McLester, Division Director/Comprehensive Housing Not submitted (9:00 a.m.) 3. Accept Human Resources Department FY-2018 3rd quarter executive report – Geraldine Danforth, Area Manager/Human Resources Department (9:30 a.m.) 4. Accept Retail Enterprise FY-2018 3rd quarter executive report – Michele Doxtator, Area Manager/Retail Profits (10:00 a.m.) 5. Accept Oneida Golf Enterprise Corporation FY-2018 3rd quarter executive report – Josh Doxtator, COO/Oneida Golf Enterprise Corporation (3:15 p.m.) 6. Accept Chief Counsel report – Jo Anne House, Chief Counsel Oneida Business Committee Regular Meeting Agenda Page 3 of 6 August 8, 2018 Public Packet 4 of 633 B. STANDING ITEMS 1. LAND CLAIMS STRATEGY (No Requested Action) 2. ONEIDA GOLF ENTERPRISE CORPORATION – LADIES PROFESSIONAL GOLF ASSOCIATION a) Accept Thornberry Creek LPGA Classic August 2018 report (3:30 p.m.) Sponsor: Josh Doxtator, COO/Oneida Golf Enterprise Corporation 3. LAND MORTGAGE FUNDS (No Requested Action) 4. SERVICE ELIGIBILITY SUB-COMMITTEE (No Requested Action) C. AUDIT COMMITTEE Chair: David Jordan, Councilman 1. Accept June 14, 2018, Audit Committee meeting minutes EXCERPT FROM JULY 25-26, 2018: Motion by Kirby Metoxen to defer the June 14, 2018, Audit Committee meeting minutes to the August 8, 2018, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously. 2. Accept Business Committee Credit Card Activity operational audit and lift confidentiality requirement EXCERPT FROM JULY 25-26, 2018: Motion by David P. Jordan to defer the Business Committee Credit Card Activity operational audit to the August 8, 2018, regular Business Committee meeting, seconded by Kirby Metoxen. Motion carried unanimously. 3. Accept Judiciary – Appellate and Trial Court performance assurance audit and lift confidentiality requirement EXCERPT FROM JULY 25-26, 2018: Motion by Kirby Metoxen to defer the Judiciary – Appellate and Trial Court performance assurance audit to the August 8, 2018, regular Business Committee meeting, seconded by Ernie Stevens III. Motion carried unanimously. 4. Accept Judiciary – Family Court performance assurance audit and lift confidentiality requirement EXCERPT FROM JULY 25-26, 2018: Motion by Kirby Metoxen to defer the Judiciary – Family Court performance assurance audit to the August 8, 2018, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously. D. TABLED BUSINESS (No Requested Action) Oneida Business Committee Regular Meeting Agenda Page 4 of 6 August 8, 2018 Public Packet 5 of 633 E. UNFINISHED BUSINESS 1. Complaint # 2018-DR11-02 Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers, Secretary EXCERPT FROM JULY 25-26, 2018: Motion by Kirby Metoxen to defer the 45-day update regarding complaint # 2018-DR11-02 to the August 8, 2018, regular Business Committee meeting, seconded by David P. Jordan. Motion carried unanimously. EXCERPT MAY 23, 2018: Motion by David P. Jordan to accept complaint # 2018‐DR11‐02 as having merit and assign Chairman Tehassi Hill, Vice‐Chairman Brandon Stevens, and Secretary Lisa Summers to complete the investigation process in accordance with the OBC Standard Operating Procedure, seconded by Daniel Guzman King. Motion carried unanimously. a) Accept 45-day update b) Accept written report and determine next steps 2. Complaint # 2018-DR04-01 – Accept written report and determine next steps Sponsor: Brandon Stevens, Vice-Chairman; Kirby Metoxen, Councilman; Ernie Stevens III, Councilman EXCERPT FROM JULY 25-26, 2018: Motion by Kirby Metoxen to defer the written report regarding complaint # 2018-DR04-01 to the August 8, 2018, regular Business Committee meeting, seconded by David P. Jordan. Motion carried unanimously. EXCERPT FROM APRIL 25, 2018: Motion by David P. Jordan to accept the 45-day update regarding complaint # 2018-DR04-01, seconded by Ernie Stevens III. Motion carried unanimously. EXCERPT FROM MARCH 28, 2018: Motion by Jennifer Webster to assign Councilman Kirby Metoxen to the OBC Sub-committee to investigate complaint # 2018-DR04-01 and to remove Councilman David P. Jordan from the Sub-committee, seconded by David P. Jordan. Motion carried with one abstention. EXCERPT FROM MARCH 14, 2018: Motion by David P. Jordan to assign Vice-Chairman Brandon Stevens, Councilmen David Jordan, and Ernie Stevens III to investigate complaint # 2018-DR04-01, seconded by Kirby Metoxen. Motion carried unanimously. 3. Review application(s) for one (1) vacancy – Oneida Police Commission – remainder of term ending July 31, 2021 Sponsor: Tehassi Hill, Chairman EXCERPT FROM JULY 25-26, 2018: Motion by David Jordan to defer the review of the application(s) for one (1) vacancy – Oneida Police Commission – remainder of term ending July 31, 2021, to the August 8, 2018, regular Business Committee meeting, seconded by Kirby Metoxen. Motion carried unanimously. 4. Adopt resolution entitled Regarding Pardon of Joslin Skenandore Sponsor: Lisa Summers, Secretary EXCERPT FROM JULY 25-26, 2018: Motion by David P. Jordan to defer the resolution entitled Regarding Pardon of Joslin Skenandore to the August 8, 2018, regular Business Committee meeting, seconded by Kirby Metoxen. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda Page 5 of 6 August 8, 2018 Public Packet 6 of 633 F. NEW BUSINESS 1. Approve limited waiver of sovereign immunity – Apptricity Corporation SaaS Subscription license agreement – file # 2018-0562 Sponsor: Louise Cornelius, Gaming General Manager 2. File # ED18-002 – Approve three (3) actions (10:30 a.m.) Sponsor: Troy Parr, Division Director/Community & Economic Development 3. Approve attorney contract and limited waiver of sovereign immunity – Andrus Intellectual Property Law, LLP – file # 2018-0942 Sponsor: Jo Anne House, Chief Counsel 4. Approve employment contract for DR10 – file # 2018-____ Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers, Secretary; Trish King, Treasurer 5. Review application(s) for one (1) vacancy – Oneida Pow-wow Committee – term ending February 29, 2020 Sponsor: Tehassi Hill, Chairman 6. Community Complaint/Concern # 2018-CC-02 – Review and determine next steps Sponsor: Lisa Summers, Secretary 7. Review draft Oneida Business Committee FY-2019 budgets and make appropriate adjustments Sponsor: Trish King, Treasurer 8. Enter e-poll results into the record in accordance with OBC SOP entitled Conducting Electronic Voting: Sponsor: Lisa Summers, Secretary a) Approved Legislative Reference Office staff attorney contract – file # 2018-0869 – David P. Jordan, Councilman XV. ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 6:30 p.m., Friday, August 3, 2018, pursuant to the Open Records and Open Meetings law (§ 107.14.) The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214. Oneida Business Committee Regular Meeting Agenda Page 6 of 6 August 8, 2018 Public Packet 7 of 633 Oneida Business Committee Agenda Request 1. Meeting Date Requested: I 18 I 18 08 2. General Information: Session: ~ Open Agenda Header: 0 0 Executive- See instructions for the applicable laws, then choose one: !Announcement/Recognition Accept as Information only [g) Action - please describe: Presentation of Years of Service Certificates to approximately sixteen (16) employees by their immediate supervisor along with the Oneida Business Committee. 3. Supporting Materials 0 Report 0 Other: 0 Resolution 0 Contract 3. 4. 2. 0 Business Committee signature required 4. Budget Information 0 Budgeted -Tribal Contribution 0 Budgeted- Grant Funded 5. Submission Authorized Sponsor I Liaison: Primary Requestor/Submitter: Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 0 Unbudgeted Public Packet 8 of 633 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 reach the 25+ years milestone. With the assistance from each supervisor, HRD will create the certificate to be presented to the Years of Service recipient. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of2 Public Packet 9 of 633 Fiscal Year: FY2018 Group #2 FY'18 Supgrvisor Name 8/8/2018 Status ' ~ ~ Public Packet 10 of 633 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 08 I 08 I 18 2. General Information: Session: [g) Open D Executive- See instructions for the applicable laws, then choose one: Agenda Header: Llo_a_th_s_o_f_O_ffi_t_c_e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___J D Accept as Information only [g) Action - please describe: Administer Oath of Office to John Breuninger for the Oneida ESC Group, LLC- Board of Managers. 3. Supporting Materials D Report D Other: D Resolution D Contract 3. 4. 2 D Business Committee signature required 4. Budget Information D Budgeted -Tribal Contribution D Budgeted -Grant Funded D Unbudgeted 5. Submission Autho~zed Sponsor / Liaison: ~~L_is_a_s_u_m_m_er_s_,s_e_c_re_t_a~~-------------------~ Prima~~que~o~ubmMe~ ~ B~ro~o~k~ e~D~o~x~ ~~t~ o~~~B~ C~ C~S~u~p~e~ N~i~ m ~r_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of 2 Public Packet 11 of 633 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/ history, and action requested: On June 27, 2018 the Oneida Business Committee appointed John Breuninger to the Oneida ESC Group, LLCBoard of Managers. The action requested is to administer Oath of Office to John Breuninger for the Oneida ESC Group, LLC - Board of Managers. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as * .pdf. 3) E-mail this form and all supporting materials in a SINGLE * .pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of2 Public Packet 12 of 633 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 08 / 08 / 18 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Minutes Accept as Information only Action - please describe: Approve July 25-26, 2018, regular Business Committee meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. 7/25-26/18 regular BC meeting minutes DRAFT 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Secretary Primary Requestor/Submitter: Submitted by: Lisa Liggins, Info. Mgmt. Spec./BC Support Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 13 of 633 DRAFT Oneida Business Committee Executive Session 9:30 a.m. Tuesday, July 24, 2018 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 a.m. Wednesday, July 25, 2018 and 1:00 p.m. Thursday, July 26, 2018 BC Conference Room, 2nd floor, Norbert Hill Center Minutes EXECUTIVE SESSION Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Council members: David P. Jordan, Kirby Metoxen, Jennifer Webster; Not Present: Secretary Lisa Summers, Council members: Daniel Guzman King; Arrived at: Councilman Ernie Stevens III at 2:29 p.m.; Others present: Jo Anne House, Larry Barton, Lisa Liggins, Laura Laitinen-Warren, Louise Cornelius, Chad Fuss, Debbie Danforth, George Skenandore, Jacque Boyle, Troy Parr, Gerald L. Hill, Tana Aguirre, Forbes D. McIntosh, Ralinda Ninham-Lamberies; REGULAR MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster; Not Present: n/a Arrived at: Treasurer Trish King at 9:09 a.m.; Others present: Jo A. House, Larry Barton, Lisa Liggins, Mike Debraska (via Polycom), Nancy Barton, Cathy L. Metoxen, Brad Graham, Will Graham, Lexus King, Dennis King, Sharon King, Peril Huff, Patricia Moore, Barbara Cornelius, Mary Vvalther, Chad Wilson, Wes Martin, Tsyoslake House, Jolene Hensberger, Todd Hill, Fred Muscavitch, Geraldine Danforth, Gerald L. Hill, Dr. Ravinder Vir, Debra Danforth, Susan House, Joanie Buckley, Richard Cluckey, Richard Elm-Hill, Michelle Danforth-Anderson, Jacque Boyle, Karen Smith, Troy Parr, James Petitjean; I. CALL TO ORDER AND ROLL CALL by Chairman Tehassi Hill at 8:31 a.m. II. OPENING administered by Councilman Daniel Guzman King A. Recognition of Oneida Nation tribal member Lexus King Special recognition of Lexus King being crowned Miss Rodeo Wisconsin Lady In Waiting (will be crowned Miss Rodeo Wisconsin 2019 in January) by Councilman Daniel Guzman King III. ADOPT THE AGENDA (00:08:00) Motion by Lisa Summers to adopt the agenda, as presented, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King Oneida Business Committee Regular Meeting Minutes Page 1 of 15 July 25-26, 2018 Public Packet 14 of 633 DRAFT IV. OATHS OF OFFICE administered by Secretary Lisa Summers (00:08:24) A. Oneida Election Board – Peril Huff B. Anna John Resident Centered Care Community Board – Patricia Moore C. Personnel Selection Committee – Barbara Cornelius D. Oneida Nation Arts Board – Mary Vvalther V. MINUTES A. Approve July 11, 2018, regular meeting minutes (00:11:25) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to approve the July 11, 2018, regular meeting minutes, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King VI. RESOLUTIONS A. Adopt resolution entitled OJJDP FY2018 Opioid Affected Youth Initiative (00:11:47) Sponsor: Joanie Buckley, Division Director/Internal Services Motion by Jennifer Webster to adopt resolution 07-25-18-A Office of Juvenile Justice and Delinquency Prevention FY2018 Opioid Affected Youth Initiative with the noted changes [spell out OJJDP in the title of the resolution], seconded by Ernie Stevens III. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King VII. STANDING COMMITTEES A. COMMUNITY DEVELOPMENT PLANNING COMMITTEE (No Requested Action) B. FINANCE COMMITTEE Chair: Trish King, Treasurer 1. Approve July 16, 2018, Finance Committee meeting minutes (00:16:15) Motion by David P. Jordan to approve the July 16, 2018, Finance Committee meeting minutes, seconded by Ernie Stevens III. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King Oneida Business Committee Regular Meeting Minutes Page 2 of 15 July 25-26, 2018 Public Packet 15 of 633 DRAFT C. LEGISLATIVE OPERATING COMMITTEE Chair: David Jordan, Councilman 1. Accept June 20, 2018, Legislative Operating Committee meeting minutes (00:20:07) Motion by Lisa Summers to accept the June 20, 2018, Legislative Operating Committee meeting minutes, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King 2. Adopt Legal Resource Center law rule #1 – Application for Services (00:20:58) Motion by David P. Jordan to adopt the Legal Resource Center law rule #1 – Application for Services, seconded by Lisa Summers. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King Treasurer Trish King arrives at 9:09 a.m. D. QUALITY OF LIFE COMMITTEE Chair: Brandon Stevens, Vice-Chairman 1. Accept May 10, 2018, Quality of Life Committee meeting minutes (00:39:21) Motion by Brandon Stevens to accept the May 10, 2018, Quality of Life Committee meeting minutes, seconded by Lisa Summers. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster VIII. APPOINTMENTS A. Review Chairman’s recommendation and determine next steps regarding one (1) Oneida Police Commission vacancy (00:51:47); (04:56:57) Sponsor: Tehassi Hill, Chairman Motion by Lisa Summers to defer this item to later on the agenda, after executive session, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Motion by David P. Jordan to defer to the review of the Chairman’s recommendation regarding one (1) Oneida Police Commission vacancy to the August 8, 2018, regular Business Committee meeting, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 3 of 15 July 25-26, 2018 Public Packet 16 of 633 DRAFT IX. TABLED BUSINESS A. Accept Oneida Nation School Board SOP entitled ONSS Contracted Employee Indirect Compensation: Unused Personal Leave and Vacation Time (formerly entitled ONSS Employee Indirect Compensation: Trade Back for Cash) as information (00:52:28) Sponsor: Todd Hill, Chair/Oneida Nation School Board EXCERPT FROM JUNE 27, 2018: Motion by Lisa Summers to table this item until the Oneida Nation School Board comes back with proposed resolutions to the concerns that were addressed here today, seconded by Kirby Metoxen. Motion carried unanimously. Motion by David P. Jordan to take this item from the table, seconded by Brandon Stevens. Motion carried with one abstention: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer Webster Abstained: Lisa Summers Motion by Lisa Summers to table this item until a red-line version and a summary of the changes can be brought back, seconded by Kirby Metoxen. Motion carried with one opposed: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers, Jennifer Webster Opposed: Brandon Stevens X. UNFINISHED BUSINESS (No Requested Action) XI. NEW BUSINESS A. Post one (1) vacancy – Oneida Nation Arts Board term ending February 28, 2022 (01:04:03) Sponsor: Lisa Summers, Secretary Motion by Jennifer Webster to post one (1) vacancy on the Oneida Nation Arts Board for a term ending February 28, 2022, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster B. Approve Capital Improvement Process (CIP) concept paper – Food Distribution Store Concept – CIP # 18-010 (01:04:30) Sponsor: Troy Parr, Division Director/Community & Economic Development Motion by Brandon Stevens to extend the comment period for Nancy Barton for an additional three (3) minutes, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Motion by Lisa Summers to approve the Capital Improvement Process (CIP) concept paper for the Food Distribution Store Concept – CIP # 18-010, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 4 of 15 July 25-26, 2018 Public Packet 17 of 633 DRAFT C. Change appointed Oneida Tribal Representative – 2020 North American Indigenous Games (01:27:39) Sponsor: Lisa Summers, Secretary Motion by Jennifer Webster to appoint Secretary Lisa Summers as the North American Indigenous Games (NAIG) Tribal Representative for the Oneida Nation and to clarify that the appointment made on March 28, 2018 is superseded by this motion, noting that Secretary Summers and Vice-Chairman Brandon Stevens will remain co-liaisons to NAIG, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster XII. TRAVEL A. TRAVEL REPORTS (No Requested Action) B. TRAVEL REQUESTS 1. Approve travel request in accordance with § 219.16-1 – Eight (8) Oneida Nation Veteran Affairs Committee members – Indian Summer Festival 2018 – Milwaukee, WI – September 7-9, 2018 (01:31:40) Motion by Brandon Stevens to approve the travel request in accordance with § 219.16-1 for Eight (8) Oneida Nation Veteran Affairs Committee members to attend the Indian Summer Festival 2018 in Milwaukee, WI – September 7-9, 2018, noting the correct estimated cost per traveler is $4,603, seconded by Ernie Stevens III. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Treasurer Trish King departs at 10:11 a.m. Treasurer Trish King returns at 10:13 a.m. 2. Approve travel request in accordance with § 219.16-1 – Five (5) Oneida Gaming Commission members/staff – National Tribal Gaming Commissioners/Regulators Conference – Prior Lake, MN – September 17-20, 2018 (01:39:03) Motion by Kirby Metoxen to approve the travel request in accordance with § 219.16-1 for Five (5) Oneida Gaming Commission members/staff to attend the National Tribal Gaming Commissioners/Regulators Conference in Prior Lake, MN – September 17-20, 2018, seconded by Lisa Summers. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster 3. Approve travel request – Councilman Kirby Metoxen – Annual American Indian Tourism Conference – Albuquerque, NM – September 16-21, 2018 (01:44:16) Motion by Lisa Summers to approve the travel request for Councilman Kirby Metoxen to attend the Annual American Indian Tourism Conference in Albuquerque, NM – September 16-21, 2018, seconded by Daniel Guzman King. Motion carried with two abstentions: Ayes: Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Abstained: David P. Jordan, Kirby Metoxen, Oneida Business Committee Regular Meeting Minutes Page 5 of 15 July 25-26, 2018 Public Packet 18 of 633 DRAFT XIII. OPERATIONAL REPORTS Chairman Tehassi Hill departs at 1:42 p.m.; Vice-Chairman Brandon Stevens assumes the responsibilities of the Chair. A. Accept Comprehensive Health Division FY-2018 3rd quarter report (02:51:46) Sponsor: Dr. Ravinder Vir, Division Director/Comprehensive Health Medical and Debra Danforth, Division Director/Comprehensive Health Operations Motion by David P. Jordan to accept the Comprehensive Health Division FY-2018 3rd quarter report, seconded by Lisa Summers. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Tehassi Hill B. Accept Governmental Services Division FY-2018 3rd quarter report (03:28:39) Sponsor: George Skenandore, Division Director/Governmental Services Motion by David P. Jordan to accept the Governmental Services Division FY-2018 3rd quarter report, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Tehassi Hill Secretary Lisa Summers departs at 2:20 p.m. Chairman Tehassi Hill returns at 2:28 p.m. and assumes the responsibilities of the Chair Vice-Chairman Brandon Stevens departs at 2:29 p.m. Vice-Chairman Brandon Stevens returns at 2:40 p.m. Councilman Kirby Metoxen departs at 2:43 p.m. Councilman Kirby Metoxen returns at 2:46 p.m. Treasurer Trish King departs at 3:03 p.m. Treasurer Trish King returns at 3:06 p.m. rd C. Accept Internal Services Division FY-2018 3 quarter report (03:39:18) Sponsor: Joanie Buckley, Division Director/Internal Services Motion by Brandon Stevens to accept the Internal Services Division FY-2018 3rd quarter report, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer Webster Not Present: Lisa Summers D. Accept Public Works Division FY-2018 3rd quarter report (04:29:51) Sponsor: Jacque Boyle, Division Director/Public Works Motion by David P. Jordan to accept the Public Works Division FY-2018 3rd quarter report, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer Webster Not Present: Lisa Summers Councilwoman Jennifer Webster departs at 3:29 p.m. Oneida Business Committee Regular Meeting Minutes Page 6 of 15 July 25-26, 2018 Public Packet 19 of 633 DRAFT E. Accept Community & Economic Development Division FY-2018 3rd quarter report (04:48:02) Sponsor: Troy Parr, Division Director/Community & Economic Development Motion by David P. Jordan to accept the Community & Economic Development Division FY-2018 3rd quarter report, seconded by Jennifer Webster1. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers Not Present: Jennifer Webster XIV. GENERAL TRIBAL COUNCIL A. Approve four (4) actions regarding Petitioner Linda Dallas – Medicare Part B premium payment (01:46:03) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to acknowledge receipt of the petition from Linda Dallas regarding Medicare Part B premium payment, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Councilman Kirby Metoxen departs at 10:29 a.m. Councilman Kirby Metoxen returns at 10:33 a.m. Chairman Tehassi Hill departs at 10:36 a.m.; Vice-Chairman Brandon Stevens assumes the responsibilities of the Chair. Motion by David P. Jordan to assign the petition to a General Tribal Council meeting agenda to be tentatively held on October 28, 2018, seconded by Lisa Summers. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Tehassi Hill Amendment to the main motion by Ernie Stevens to defer this item to the next Business Committee Work Session to find an available agenda that fits the required timeline, seconded by 2 Lisa Summers. For the record: Secretary Lisa Summers stated that there has been attempts to have this conversation before: at a BC Work Session and at BC Agenda Review. Motion by Lisa Summers to direct the OBC Direct Report Offices to complete and submit their administrative impact statements of the petition to the Secretary by Wednesday, August 15, 2018, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Tehassi Hill Motion by Jennifer Webster to direct the Law, Finance, and Legislative Reference Offices to complete and submit the legal review, fiscal impact statement, and statement of effect, respectively, for the September 12, 2018, regular Business Committee meeting, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Tehassi Hill 1 The motion supported by Councilwoman Jennifer Webster was voted while she was not present. Amendment not voted on. The item will be added to the next Business Committee Work Session as requested; the Business Committee can make a determination on next steps at that time. 2 Oneida Business Committee Regular Meeting Minutes Page 7 of 15 July 25-26, 2018 Public Packet 20 of 633 DRAFT Chairman Tehassi Hill returns at 10:43 a.m. and assumes the responsibilities of the Chair Councilwoman Jennifer Webster departs at 10:44 a.m. B. Approve four (4) actions regarding Petitioner Gladys Dallas – $5,000 payment (02:12:20) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to acknowledge receipt of the petition from Gladys Dallas regarding a $5,000 payment, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers Not Present: Jennifer Webster Motion by Lisa Summers to assign the petition to a General Tribal Council meeting agenda to be tentatively held on October 28, 2018, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers Not Present: Jennifer Webster Councilwoman Jennifer Webster returns at 10:47 a.m. Motion by Lisa Summers to direct the OBC Direct Report Offices to complete and submit their administrative impact statements of the petition to the Secretary by Wednesday, August 15, 2018, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Motion by Lisa Summers to direct the Law, Finance, and Legislative Reference Offices to complete and submit the legal review, fiscal impact statement, and statement of effect, respectively, for the September 12, 2018, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Councilman Ernie Stevens departs at 10:49 a.m. Councilman Ernie Stevens returns at 10:51 a.m. Secretary Lisa Summers departs at 10:59 a.m. Secretary Lisa Summers returns at 11:04 a.m. Councilman Daniel Guzman King departs at 11:08 a.m. C. Approve two (2) actions regarding OBC Triennial Strategic Plan documents (02:17:36) Sponsor: Trish King, Treasurer Motion by Lisa Summers to approve the Oneida Business Committee and OBC Special Project Triennial Strategic Plan documents, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King Councilman Daniel Guzman King returns at 11:15 a.m. Oneida Business Committee Regular Meeting Minutes Page 8 of 15 July 25-26, 2018 Public Packet 21 of 633 DRAFT D. Approve notice and materials for August 27, 2018, tentatively scheduled GTC meeting (02:38:52) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to approve the notice and materials for the August 27, 2018, tentatively scheduled GTC meeting, noting the BC Recommendation will be included once it’s completed, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster XV. EXECUTIVE SESSION (02:50:57) Motion by David P. Jordan to go into executive session at 11:22 a.m., seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster The Oneida Business Committee, by consensus, took a one and a half (1.5) hour recess at 12:00 p.m. Called to order by Chairman Tehassi Hill at 1:31 p.m. Roll call for the record: Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster; (02:51:29) Motion by Jennifer Webster to come out of executive session at 1:31 p.m., seconded by Ernie Stevens III. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer Webster Not Present: Lisa Summers Vice-Chairman Brandon Stevens and Councilman Kirby Metoxen arrive at 1:32 p.m. Agenda continues as scheduled with XIII. Operational Reports. (04:56:21) Councilman Kirby Metoxen departs at 3:36 p.m. Councilwoman Jennifer Webster returns at 3:36 p.m. Motion by Ernie Stevens III to go into executive session at 3:36 p.m., seconded by Daniel Guzman King. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer Webster Not Present: Kirby Metoxen, Lisa Summers The Oneida Business Committee, by consensus, agreed to recess at 5:10 p.m. until 1:00 p.m. on Thursday, July 26, 2018. Called to order by Chairman Tehassi Hill at 1:01 p.m. on Thursday, July 26, 2018. Roll call for the record: Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Council members: David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster; Oneida Business Committee Regular Meeting Minutes Page 9 of 15 July 25-26, 2018 Public Packet 22 of 633 DRAFT Motion by David Jordan to come out of executive session at 2:52 p.m., seconded by Ernie Stevens III. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster A. REPORTS 1. Accept Gaming General Manager July 2018 report – Louise Cornelius, Gaming General Manager (04:57:32) Motion by David P. Jordan to accept the Gaming General Manager July 2018 report, seconded by Ernie Stevens III. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster 2. Accept Comprehensive Health Division FY-2018 3rd quarter executive report – Dr. Ravinder Vir, Division Director/Comprehensive Health Medical and Debra Danforth, Division Director/Comprehensive Health Operations (04:57:53) Motion by Kirby Metoxen to accept the Comprehensive Health Division FY-2018 3rd quarter executive report, seconded by Ernie Stevens III. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster 3. Accept Governmental Services Division FY-2018 3rd quarter executive report – George Skenandore, Division Director/Governmental Services (04:58:12) Motion by Kirby Metoxen to accept the Governmental Services Division FY-2018 3rd quarter executive report, seconded by David P. Jordan. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster 4. Accept Internal Services Division FY-2018 3rd quarter executive report – Joanie Buckley, Division Director/Internal Services (04:58:25) Motion by Ernie Stevens III to accept the Internal Services Division FY-2018 3rd quarter executive report, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster Motion by Kirby Metoxen to send the Print Shop sustainability discussion to an upcoming BC Work Session for discussion, seconded by David P. Jordan. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 10 of 15 July 25-26, 2018 Public Packet 23 of 633 DRAFT 5. Accept Public Works Division FY-2018 3rd quarter executive report – Jacque Boyle, Division Director/Public Works (04:58:58) Motion by David P. Jordan to accept the Public Works Division FY-2018 3rd quarter executive report, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster 6. Accept Community & Economic Development Division FY-2018 3rd quarter executive report – Troy Parr, Division Director/Community & Economic Development (04:59:15) Motion by Kirby Metoxen to accept the Community & Economic Development Division FY-2018 3rd quarter executive report, seconded by Ernie Stevens III. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster 7. Accept Chief Counsel report – Jo Anne House, Chief Counsel (04:59:32) Motion by David P. Jordan to accept the Chief Counsel report dated July 20, 2018 and associated handouts, seconded by Ernie Stevens III. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster 8. Accept Intergovernmental Affairs and Communications July 2018 report – Tehassi Hill, Chairman (04:59:49) Motion by Kirby Metoxen to accept the Intergovernmental Affairs and Communications July 2018 report, seconded by David P. Jordan. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster Motion by Kirby Metoxen to approve the concepts presented in the recommendations provided in the memorandum dated July 26, 2018, seconded by Trish King. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster B. STANDING ITEMS 1. LAND CLAIMS STRATEGY (No Requested Action) 2. ONEIDA GOLF ENTERPRISE CORPORATION – LADIES PROFESSIONAL GOLF ASSOCIATION a) Accept Thornberry Creek LPGA Classic July 2018 report (05:00:26) Sponsor: Josh Doxtator, COO/Oneida Golf Enterprise Corporation Motion by Trish King to accept Thornberry Creek LPGA Classic July 2018 report, seconded by Ernie Stevens IIII. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 11 of 15 July 25-26, 2018 Public Packet 24 of 633 DRAFT 3. LAND MORTGAGE FUNDS (No Requested Action) C. AUDIT COMMITTEE Chair: David Jordan, Councilman 1. Accept June 14, 2018, Audit Committee meeting minutes (05:00:42) Motion by Kirby Metoxen to defer the June 14, 2018, Audit Committee meeting minutes to the August 8, 2018, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster 2. Accept Business Committee Credit Card Activity operational audit and lift confidentiality requirement (05:01:04) Motion by David P. Jordan to defer the Business Committee Credit Card Activity operational audit to the August 8, 2018, regular Business Committee meeting, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster 3. Accept Judiciary – Appellate and Trial Court performance assurance audit and lift confidentiality requirement (05:01:24) Motion by Kirby Metoxen to defer the Judiciary – Appellate and Trial Court performance assurance audit to the August 8, 2018, regular Business Committee meeting, seconded by Ernie Stevens III. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster 4. Accept Judiciary – Family Court performance assurance audit and lift confidentiality requirement (05:01:45) Motion by Kirby Metoxen to defer the Judiciary – Family Court performance assurance audit to the August 8, 2018, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster D. TABLED BUSINESS (No Requested Action) Oneida Business Committee Regular Meeting Minutes Page 12 of 15 July 25-26, 2018 Public Packet 25 of 633 DRAFT E. UNFINISHED BUSINESS 1. Accept 45-day update regarding complaint # 2018-DR11-02 (05:02:07) Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers, Secretary EXCERPT MAY 23, 2018: Motion by David P. Jordan to accept complaint # 2018‐DR11‐02 as having merit and assign Chairman Tehassi Hill, Vice‐Chairman Brandon Stevens, and Secretary Lisa Summers to complete the investigation process in accordance with the OBC Standard Operating Procedure, seconded by Daniel Guzman King. Motion carried unanimously. Motion by Kirby Metoxen to defer the 45-day update regarding complaint # 2018-DR11-02 to the August 8, 2018, regular Business Committee meeting, seconded by David P. Jordan. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster 2. Accept written report regarding complaint # 2018-DR04-01 and determine next steps (05:02:31) Sponsor: Brandon Stevens, Vice-Chairman; Kirby Metoxen, Councilman; Ernie Stevens III, Councilman EXCERPT FROM APRIL 25, 2018: Motion by David P. Jordan to accept the 45-day update regarding complaint # 2018-DR04-01, seconded by Ernie Stevens III. Motion carried unanimously. EXCERPT FROM MARCH 28, 2018: Motion by Jennifer Webster to assign Councilman Kirby Metoxen to the OBC Sub-committee to investigate complaint # 2018-DR04-01 and to remove Councilman David P. Jordan from the Sub-committee, seconded by David P. Jordan. Motion carried with one abstention. EXCERPT FROM MARCH 14, 2018: Motion by David P. Jordan to assign Vice-Chairman Brandon Stevens, Councilmen David Jordan, and Ernie Stevens III to investigate complaint # 2018-DR04-01, seconded by Kirby Metoxen. Motion carried unanimously. Motion by Kirby Metoxen to defer the written report regarding complaint # 2018-DR04-01 to the August 8, 2018, regular Business Committee meeting, seconded by David P. Jordan. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 13 of 15 July 25-26, 2018 Public Packet 26 of 633 DRAFT 3. Review Going Long additional due diligence and determine next steps (05:03:04) Sponsor: Troy Parr, Division Director/Community & Economic Development EXCERPT FROM MAY 9, 2018: Motion by Jennifer Webster to direct the Community and Economic Development Division Director to complete additional due diligence and bring a recommendation to the May 23, 2018, regular Business Committee meeting, seconded by David P. Jordan. Motion carried unanimously. EXCERPT FROM MAY 23, 2018: Motion by Ernie Stevens III to accept the update and review, as information, and to direct the Community and Economic Development Division Director to move forward with Tier 1 review, seconded by Daniel Guzman King. Motion carried with one abstention. Motion by David P. Jordan to accept the additional due diligence and recommendation in the memorandum dated July 17, 2018, seconded by Trish King. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster F. NEW BUSINESS 1. Review response – request for recommendation for service eligibility (05:03:31) Sponsor: George Skenandore, Division Director/Governmental Services Motion by David P. Jordan to accept the response provided to the request for recommendation for service eligibility dated July 19, 2018, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster Motion by David P. Jordan to assign Vice-Chairman Brandon Stevens, Secretary Lisa Summers, and Councilman Kirby Metoxen to sub-committee to work with the Governmental Services Division on a review of service eligibility, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster Motion by David P. Jordan to create a Standing Item in Executive Session entitled Service Eligibility SubCommittee and for updates to be provided every other month, beginning in August 2018 at the second regular Business Committee meeting of the month, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster 2. Review Chief Financial Officer recommendations regarding FY-2019 draft budget (05:04:55) Sponsor: Trish King, Treasurer Motion by David P. Jordan to approve the Chief Financial Officer recommendations regarding FY-2019 draft budget and request the Treasurer to move forward with the required meetings, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 14 of 15 July 25-26, 2018 Public Packet 27 of 633 DRAFT 3. Review application(s) for one (1) vacancy – Oneida Police Commission – remainder of term ending July 31, 2021 (05:05:28) Sponsor: Tehassi Hill, Chairman Motion by David Jordan to defer the review of the application(s) for one (1) vacancy – Oneida Police Commission – remainder of term ending July 31, 2021, to the August 8, 2018, regular Business Committee meeting, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster 4. Adopt resolution entitled Regarding Pardon of Joslin Skenandore (05:05:54) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to defer the resolution entitled Regarding Pardon of Joslin Skenandore to the August 8, 2018, regular Business Committee meeting, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster XVI. ADJOURN (05:06:13) Motion by David P. Jordan to adjourn at 3:01 p.m., seconded by Kirby Metoxen. Motion carried unanimously: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Not Present: Daniel Guzman King, Brandon Stevens, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 15 of 15 July 25-26, 2018 Public Packet 28 of 633 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 08 / 08 / 18 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 fiscal year 2019 Continuing Resolution 3. Supporting Materials Report Resolution Contract Other: 1. S.O.E. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Trish King, Treasurer Primary Requestor/Submitter: Brian A. Doxtator, Executive Assistant to Tribal Treasurer Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 29 of 633 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: History The Treasurer, with support of the Oneida Business Committee, has requested that the implementation of a "budget strategy" be brought to the General Tribal Council for understanding and support. Therefore, as part of a transition from a "line item" budgeting process to a "value-based" budget process, a special General Tribal Council meeting is scheduled for September 24, 2018, to present the strategic policy resolution titled, "Adoption of Transparent and Participatory Budget Strategy for the Oneida Nation." Therefore, the special General Tribal Council meeting to review and adopt the fiscal year 2019 budget is scheduled for December 10, 2018. In accordance with Chapter 121 - Twahwistatye?nitha? (Budget Management and Control), section 121.5-9. Budget Adoption states, "The Oneida Business Committee shall present the budget to the General Tribal Council with a request for adoption by resolution no later than September 30th of each year. In the event that the General Tribal Council does not adopt a budget by September 30th, the Oneida Business Committee may adopt a continuing budget resolution(s) until such time as a budget is adopted." Requested motion: Adopt "Continuing Budget Resolution - Fiscal Year 2019." 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet 30 of 633 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 Oneida, WI 54155 BC Resolution #____________ Continuing Budget Resolution - Fiscal Year 2019 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 General Tribal Council adopted further direction regarding the duties and responsibilities of the Oneida Business Committee in resolution #GTC-02-25-82 and specifically directed the Oneida Business Committee to become “actively involved in the legislative areas such as…Fiscal Plan[ning]” Resolve # 2; and WHEREAS, the General Tribal Council adopted further direction regarding the duties and responsibilities of the Oneida Business Committee, and more specifically the Treasurer, through the adoption of ‘job descriptions’ on July 30, 1990, directing the Treasurer to “review [the] annual budget and make recommendations to the Oneida Business Committee, who will submit an annual budget to the General Tribal Council”, Representative Duties (9); and WHEREAS, the Oneida Business Committee approved the Treasurer’s recommendation regarding the fiscal and financial goals of the Oneida Nation for the following three years by resolution #BC-02-11-15-A, “which supports and enhances efficient and sustainable public financial management which is key to promoting economic sustainability, good governance, social progress and a rising standard of living for all enrolled Oneida[.]” Resolve #1; and WHEREAS, the Oneida Business Committee, in resolution #BC-02-11-15-A approved the following financial initiative set forth in Resolve #1: “The end in mind is Sustainability. Assessment guidelines will be the path for the Tribal organization to develop a Fiscal Year 2016 budget so that we may begin to implement strategies for growth in Fiscal Year 2017 and Fiscal Year 2018 to support the Oneida Tribe overall;” and WHEREAS, the Treasurer has worked with the operations of the Oneida Nation to develop a budget which clearly identifies revenue projections, external funding opportunities, and programming needs in a manner that meets the goals set forth in resolution #BC-02-1115-A; and Public Packet 31 of 633 BC Resolution # _________ Continuing Budget Resolution – Fiscal Year 2019 Page 2 of 4 44 45 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 87 88 89 90 91 92 93 94 95 96 97 98 99 WHEREAS, The General Tribal Council further motioned for the Treasurer to continue improving the budget process to include General Tribal Council input with developing the annual budget: “Motion…to direct the Treasurer and Oneida Business Committee to continue improving our budgeting actions and making those processes more open to input from the membership.” GTC Meeting Minutes, April 11, 2016; and WHEREAS, the Oneida Business Committee adopted resolution #BC-02-08-17-C, Adoption of the Budget Management and Control Law, to establish a standardized process for putting an annual proposed budget together; and WHEREAS, the Budget Management and Control Law requires the Oneida Business Committee and the Oneida Nation’s fund units to prepare triennial strategic plans, and WHEREAS, The Oneida Business Committee adopted resolution #BC-9-27-17-B, Setting the Strategic Plan for the 2017-2020 Term of the Oneida Business Committee, expressing the foundation for the strategic plans are to be built on the foundations of: Trust, ValueBased Budgeting, Sovereignty Protection, Change Management, and Communication, and WHEREAS, The foundations support the following six unique broad goals: Advancing Onᴧyoteʔa·ká principles, Exercising Sovereignty, Improving Organizational Changes, Promoting Positive Community Relations, Inspiring Yukwatsístayᴧ and Encouraging Tsiʔniyukwalihotᴧ; and that the Oneida Business Committee support these goals by requesting all direct reports, and all parts of the organization, utilize the concepts as a guide for all organizational needs, actions, planning, and reporting for effective development and measure, and WHEREAS, the Oneida Business Committee adopted resolution #BC-09-27-17-I, Strategic Workforce Planning – Budget – Implementation for Oneida Nation, which required “additional focus on right-sizing the organization to meet programming and service demands as well as to work within the financial limits of the Oneida Nation, and identified, as a plan to support strategic budget planning, and WHEREAS, the Oneida Business Committee adopted resolution #BC-10-25-17-E, Fiscal Years 2019 to 2022 Triennial Strategic Fiscal Planning, which expands the initiative set forth in resolution #BC-02-11-15-A, Budget Initiative for Fiscal Years 2016, 2017, and 2018, to support and enhance efficient and sustainable public financial management which is key to promoting economic sustainability, good governance, social programs and a rising standard of living for all Oneidas: “The goal of sustainability is identified though measures of all activities in enterprises, programs and services to ensure that the revenues and expenses of the Oneida Nation are being utilized in a manner that creates the most effective and efficient use of those revenues or expenditures.” Resolve #1; and WHEREAS, the Budget Management and Control Law requires the Oneida Business Committee to establish a priority list based upon input derived from community budget meeting(s) and responses/recommendations from the Chief Financial Officer and fund unit managers, and to approve the priority list by resolution no later than the last meeting in February each year, section 121.5-3; and WHEREAS, The Treasurer and Oneida Business Committee have scheduled community meetings, community budget meetings, and presented information at General Tribal Council and Oneida Business Committee meetings, and has not received adequate input from the meetings to provide guidance regarding budget development as required in section 121.5-2 of the Budget Management and Control Law; and Public Packet 32 of 633 BC Resolution # _________ Continuing Budget Resolution – Fiscal Year 2019 Page 3 of 4 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 WHEREAS, The Chief Financial Officer and fund unit managers, in accordance with section 121.52(c) have not had sufficient input from the community to which to provide responses which would better direct the formation of the Oneida Nation’s budget; and WHEREAS, The Oneida Business Committee has scheduled a Special General Tribal Council Meeting for September 24, 2018, for the purposes of: 1) informing the General Tribal Council of Triennial Strategic Plans; 2) seeking approval of the Transparent and Participatory Budget strategy; 3) garnering input from Oneida membership to help set priorities for the Oneida Nation in accordance with section 121.5-3 of the Budget Management and Control Law; and WHEREAS, The Oneida Business Committee will utilize the Quality of Life Survey results, and input received from the General Tribal Council on September 24, 2018, to determine the priorities as required by the Budget Management and Control Law, section 121.5-3, and WHEREAS, The Oneida Business Committee will host an informational meeting in November 2018 to share the results of the input, and present a review of the proposed FY2019 annual budget in November 2018, and WHEREAS, the Treasurer has engaged the operations to present the technical needs of programs, services and enterprises in requests for budget allocations consistent with the 2015 Oneida Business Committee resolution; and WHEREAS, the Oneida Business Committee has been invited to participate in, and been informed of, the budget development processes; and has taken up opportunities to actively participate as well as monitor budget development progress through reporting and meetings, whether formal or informal; and WHEREAS, the Treasurer, in accordance with the responsibilities set forth in the 1982 resolution, the 1990 motion of the General Tribal Council adopting job descriptions, and the Budget Management and Control Law, identified budget development timelines for the presentation to the General Tribal Council in September 2018; and WHEREAS, the Treasurer, Chief Financial Officer and Assistant Chief Financial Officer met during the progression of the budget development and discussed options to maintain the timelines for development of the FY2019 budget and could identify no process by which the budget could be developed, analyzed, corrected, and input into the technical programs in time to meet the deadlines to present the FY2019 budget to the General Tribal Council in September 2018; and WHEREAS, the Oneida Business Committee, acting in accordance with its delegated responsibilities, has identified that shutting down government operations (programming and enterprise) is not in the best interests of the Oneida Nation or its members, and has determined that a Continuing Budget Resolution is necessary to enable the government to operate to continue to meet the needs of membership; and WHEREAS, the Oneida Business Committee is committed to ensuring that operations of the Oneida Nation continue to protect the health, safety, welfare, and regulatory compliance of the Oneida Nation; and WHEREAS, the Oneida Nation can only operate under an approved budget, whether by a Continuing Budget Resolution or adoption of a budget by the General Tribal Council, and operations of the Oneida Nation need to continue until a budget can be adopted; and Public Packet 33 of 633 BC Resolution # _________ Continuing Budget Resolution – Fiscal Year 2019 Page 4 of 4 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 WHEREAS, the Treasurer has recommended to the Oneida Business Committee, and the Oneida Business Committee, in accordance with the responsibilities set forth in the 1982 resolution and the 1990 motion of the General Tribal Council adopting job descriptions, desires to adopt a Continuing Budget Resolution that aligns to the Oneida Business Committee’s Strategic plan’s foundations directing operations of the Oneida Nation to continue, and that protects the ability of the General Tribal Council to make budgetary decisions; and WHEREAS, the Treasurer and the Oneida Business encourage all levels of the operations to utilize this resolution, resolution #BC-09-13-17-A, Adoption of Budget Contingency Plan in Conformance with the Budget [Management and Control] Law, resolution # BC-03-1418-D, Amending Resolution # BC-09-27-17-I, Strategic Workforce Planning – Budget – Implementation for Oneida Nation, and resolution # BC-09-27-17-B, Setting the Strategic Plan for the 2017-2020 Term of the Oneida Business Committee, in the decision-making process; and NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee adopts this Continuing Budget Resolution for FY2019 and directs that the Oneida Nation shall operate at the FY2018 levels, with a wage increase of $0.85 per hour per eligible employee effective September 30, 2018. Operations are directed to use their discretion in approving all expenditures, express attention to grant funds until the budget has been formally adopted. Public Packet 34 of 633 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Continuing Budget Resolution - Fiscal Year 2019 Summary The resolution directs that the Oneida Nation operate at the Fiscal Year 2018 levels, with a wage increase of eighty-five cents ($0.85) per hour per eligible employee effective September 30, 2018, until the budget has been formally adopted by the General Tribal Council. Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office Date: August 2, 2018 Analysis by the Legislative Reference Office The Oneida Business Committee adopted the Budget Management and Control law (“the Law”) though resolution BC-02-08-17-C for the purpose of setting forth the requirements to be followed by the Oneida Business Committee and Oneida fund units when preparing the budget to be presented to the General Tribal Council for approval, and to establish a triennial strategy planning process for the Nation’s budget. The Oneida Business Committee, executive managers and managers are required to follow the processes provided in the Law when creating the budget to present to the General Tribal Council for consideration. [1 O.C. 121.5-1]. The Law contains processes and timelines for triennial strategic planning [1 O.C. 121.4], community input meetings [1 O.C. 121.5-2], the establishment of a priority list by the Oneida Business Committee [1 O.C. 121.5-3], deadlines for the finalization of the final draft budget [1 O.C. 121.5-7], presentation of the final draft budget in community meetings [1 O.C. 121.5-8], and consideration of the final draft budget by the General Tribal Council [1 O.C. 121.5-9]. The Oneida Business Committee is required to present the budget to the General Tribal Council with a request for adoption by resolution no later than September 30th of each year. [1 O.C. 121.5-9]. The Law permits the Oneida Business Committee to alter the deadlines for the various processes and procedures provided in this law only upon a showing of good cause, provided that, the Oneida Business Committee shall approve any such alterations by resolution. [1 O.C. 121.5-1]. Due to the fact that the Oneida Business Committee did not receive adequate input from the community budget meetings and recommendations from the Chief Financial Officer and fund unit managers, the Oneida Business Committee required more time to solicit input for the establishment of the priority list required by section 121.5-3 of the Law. The Oneida Business Committee found good cause to grant an extension of time for implementation of the Budget Management and Control Act through resolution BC-02-28-18-C. This resolution identified that due to the extension of the deadline for the establishment and approval of the priority list required by section 121.5-3, all further deadlines would be extended and the Oneida Business Committee would develop a continuing budget resolution to be effective until all requirements of the Budget Management and Control law have been met for fiscal year 2019. In the event that the General Tribal Council does not adopt a budget by September 30th, the Law allows for a continuing budget resolution to be adopted by the Oneida Business Committee until such time as a budget is adopted by the General Tribal Council. [1 O.C. 121.5-9]. This resolution adopts a continuing budget resolution for the Fiscal Year 2019 and directs that the Oneida Nation shall operate at the Fiscal Year 2018 levels, with a wage increase of eighty-five cents ($0.85) per Page 1 of 2 Public Packet 35 of 633 hour per eligible employee effective September 30, 2018. The operations of the Nation are also directed by this resolution to use their discretion in approving all expenditures, express attention to grant funds until the budget has been formally adopted by the General Tribal Council. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA Public Packet 36 of 633 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 8 I 8 I 18 2. General Information: Session: ~ Open Agenda Header: D Executive- See instructions for the applicable laws, then choose one: !standing Committees D Accept as Information only ~ Action - please describe: BC approval of Finance Committee Meeting Minutes of August 1, 2018 3. Supporting Materials D Report ~ D Resolution D Contract Other: 1.j FC E-Poll approving 8/1/18 Minutes 3. 2.jFc Mtg Minutes of8/1/18 4. D Business Committee signature required 4. Budget Information D Budgeted- Tribal Contribution D Budgeted -Grant Funded D Unbudgeted 5. Submission Author~edSponsor/Uaison: ~~T_ri_sh~~-n~g_,T_r_ib_a_IT_r_e_as_u_~_r~~~~~~~~~~~~~~~~~~ Primary Requestor: Denise Vigue, Executive Assistant to the CFO /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 Public Packet 37 of 633 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 of2 Public Packet 38 of 633 ONEIDA NATION P.O. Box 365 Oneida, WI 54115 MEMORANDUM TO: CC: FR: DT: RE: Finance Committee Business Committee Denise Vigue, Executive Assistant August 2, 2018 E-Poll Results of: FC Meeting Minutes of August 1, 2018 An E-Poll vote of the Finance Committee was conducted to approve the 8/1/18 Finance Committee meeting minutes. The results of the completed E-Poll are as follows: E-POLL RESULTS: There was a Majority 5 YES votes from Chad Fuss, Larry Barton, Jennifer Webster, Patrick Stensloff and Shirley Barber to approve the Aug. 1, 2018 Finance Committee Meeting Minutes. The minutes will be placed on the next BC agenda of Aug. 8, 2018 for approval and the next Finance Committee agenda of August 13, 2018 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 Public Packet 39 of 633 ONEIDA FINANCE COMMITTEE FC REGULAR MEETING August 1, 2018 – 1:30 P.M. BC Executive Conference Room FC WORK MEETING August 1, 2018 – 2:50 P.M. BC Executive Conference Room REGUL AR MEETING MINUTES FC REGULAR MEETING: Patricia King, Treasurer/FC Chair Jennifer Webster, BC Council Member Patrick Stensloff, Purchasing Director Larry Barton, CFO/FC Vice-Chair Chad Fuss, AGGM-Finance (Gam. Alt.) Shirley Barber, FC Elder Member EXCUSED: Daniel Guzman King, BC Council Member OTHERS PRESENT: Ron Wurth, Luke Schuab, David Emerson, Lorna Smith, Wesley Smith, Robert Keck, Timothy Skenandore, and Denise J. Vigue taking minutes FC WORK MEETING: Patricia King, Treasurer/FC Chair Jennifer Webster, BC Council Member Shirley Barber, FC Elder Member Larry Barton, CFO/FC Vice-Chair Patrick Stensloff, Purchasing Director EXCUSED: Daniel Guzman King, BC Council Member & Chad Fuss, AGGM-Finance (Gam. Alt.) OTHERS PRESENT: Denise J. Vigue, taking notes I. CALL TO ORDER: The Regular FC Meeting was called to order by the FC Chair at 1:30 P.M. II. APPROVAL OF AGENDA: AUGUST 1, 2018 Motion by Chad Fuss to approve the FC meeting agenda of Aug. 1, 2018 with items under IV. Moved to the end of the agenda for discussion. Seconded by Jennifer Webster. Motion carried unanimously. III. APPROVAL OF MINUTES: JULY 16, 2018 (Approved via E-Poll on 7/17/18): Motion by Patrick Stensloff to ratify the FC E-Poll action taken on 7/17/18 approving the July 16, 2018 Finance Committee Meeting Minutes. Seconded by Larry Barton. Motion carried unanimously. IV. TABLED BUSINESS: None V. CAPITAL EXPENDITURES: 1. Great Lakes Roofing Tim Skenandore, Gaming – Facilities Amount: $58,600.00 Tim Skenandore was present to discuss this contract for the installation of anti-slip mats on the walking pathways on the roofs of Gaming buildings; sole source as vendor holds the 20 year warranty for the roofs; approved by Gaming Cap Ex from identified funds budgeted from their Cap Ex and per their SOP’s. Motion by Larry Barton to approve the Gaming Capital Expenditure to Great Lakes Roofing in the amount of $58,600.00. Seconded by Patrick Stensloff. Motion carried unanimously. Page 1 of 4 Finance Committee Meeting Minutes of August 1, 2018 Public Packet VI. 40 of 633 COMMUNITY FUND: (Information was reviewed at the end of the agenda) REPORT(S): 1. CF Product Update Report for July 2018 Denise J. Vigue, Finance The vendor agreed to extend the contract year through September and starting October 1st the product will be tracked per fiscal year of the Nation just as the funding is tracked/provided. Motion by Chad Fuss to accept the July 2018 Community Fund Product Update Report. Seconded by Shirley Barber. Motion carried unanimously. 2. CF (Funds) Year End Summary – FY18 Denise J. Vigue, Finance Denise highlighted the CF funds summary as all funding has been expended for FY18 with the majority used by families for their children to participate in various positive activities, something to be reviewed when the SOP’s are updated. Motion by Jennifer Webster to approve the Community Fund (Funds) FY18 Year End Summary. Seconded by Patrick Stensloff. Motion carried unanimously. REQUESTS: 1. Big Apple Fest Jeff Scofield, Apple Orchard Amount: 25 Cases Motion by Jennifer Webster to approve from the Community Fund the Coca-Cola Product request in the amount of 25 Cases for use at Big Apple Fest in September. Seconded by Chad Fuss. Larry Barton abstained. Motion carried. VII. NEW BUSINESS: 1. Incredible Technologies - FY18 PO Increase David Emerson, Gaming – Slots Dept. Amount: $30,000.00 David Emerson was present to discuss this PO increase; it is an expansion of their lease games from this vendor; no new funds; as this PO expands they decrease PO’s from other lease vendors. Motion by Jennifer Webster to approve the FY18 Blanket Purchase Order increase with Incredible Technologies in the amount of $30,000.00. Seconded by Patrick Stensloff. Motion carried unanimously. 2. Alliant Insurance - Cyber Premium Robert Keck, Risk Management Amount: $121,836.00 Robert Keck was present and detailed all that is covered from cyber threats; his area is also working on a training for employees on how to spot threats and reporting them to MIS. Motion by Chad Fuss to approve the Alliant Insurance Premium for Cyber Security in the amount of $121,836.00. Seconded by Jennifer Webster. Larry Barton abstained. Motion carried. Page 2 of 4 Finance Committee Meeting Minutes of August 1, 2018 Public Packet 41 of 633 3. Alliant Specialty Ins. Serv. – Liability Pkg. Premium Robert Keck, Risk Management Amount: $104,968.00 This is the first of 4 payments that covers every type of liability that Nation may incur. Motion by Jennifer Webster to approve the Alliant Specialty Insurance Services Liability Package Premium in the amount of $104,968.00. Seconded by Chad Fuss. Larry Barton abstained. Motion carried. 4. Alliant Specialty Ins. Serv. – Property Premium Robert Keck, Risk Management Amount: $451,739.00 This insurance covers any loss of work such as a shutdown; discussion of Tribal First which Alliant is part of and has more than 200 tribes that they cover. Motion by Jennifer Webster to approve the Alliant Specialty Insurance Services Property Premium in the amount of $451,739.00. Seconded by Chad Fuss. Larry Barton abstained. Motion carried. 5. Meadowbrook Premium – Excess Worker’s Comp. Robert Keck, Risk Management Amount: $85,672.00 Claim activities has been cut down drastically over the last three years from about 8 years ago; mainly due to more training and outreach to departments on safety; newer managers are the most receptive to this information /training. Motion by Chad Fuss to approve the Meadowbrook Excess Worker’s Compensation Premium in the amount of $85,672.00. Seconded by Jennifer Webster. Larry Barton abstained. Motion carried. 6. M3-EMPower, LLC – FY18 PO Increase Robert Keck, Risk Management Amount: $35,000.00 PO increase is to cover the last two months of FY18; seeing a high demand for chiropractic and preventative services from employees; increase amount is budgeted. Motion by Chad Fuss to approve the FY18 Blanket Purchase Order increase with M3-EMPower, LLC in the amount of $35,000.00. Seconded by Jennifer Webster. Larry Barton abstained. Motion carried. 7. Broadway Hyundai Inc. – FY18 PO Increase Wesley Smith, DPW – Automotive Amount: $25,000.00 This PO increase will cover the last two months of FY18 and is mainly for repairs to the fleet vehicles that cannot be done in-house. Motion by Larry Barton to approve the FY18 Blanket Purchase Order increase with Broadway Hyundai Inc. in the amount of $25,000.00. Seconded by Patrick Stensloff. Jennifer Webster abstained. Motion carried. Page 3 of 4 Finance Committee Meeting Minutes of August 1, 2018 Public Packet 8. 42 of 633 Graphic Composition Inc. Ron Wurth, Gaming – Promotions Amount: $625,000.00/yr. There was a lengthy discussion about this contract, the bidding process and utilization of the tribe’s own Print shop; the BC will be discussing the latter very soon to get more information and Gaming should be included to offer suggestions to help the BC and the Nation to support all our programs. Motion by Larry Barton to approve the Graphic Composition, Inc. multi-year contract in the amount of $625,000.00 for this first year noting that the requestor will bring back renewal payment each successive year as an FYI item. Seconded by Patrick Stensloff. Chad Fuss abstained. Motion carried. VIII. EXECUTIVE SESSION: No Requests IX. FOLLOW UP: 1. FC Meeting Calendar for FY19 Denise J. Vigue, Finance Motion by Jennifer Webster to approve the change of the FC Regular Meeting time to begin at 9:00 A.M. with the FC Work Meetings to immediately follow starting in FY19. Seconded by Patrick Stensloff. Motion carried unanimously. X. 1. FYI and/or THANK YOU: FYI: FY19 Blanket Purchase Orders David Emerson, Gaming – Slots Dept. Motion by Jennifer Webster to accept as FYI the FY19 Blanket Purchase Orders for Slot Lease games and machine parts. Seconded by Larry Barton. Motion carried unanimously. XI. ADJOURN: Motion by Chad Fuss to adjourn. Seconded by Jennifer Webster. Motion carried unanimously. Time: 2:46 P.M. Minutes taken & transcribed by: Denise Vigue, Executive Assistant to the CFO & Finance Committee Contact/Recording Secretary Finance Committee-E-Poll Minutes Approval Date: August 2, 2018 Oneida Business Committee’s FC Minutes Approval Date: Page 4 of 4 Finance Committee Meeting Minutes of August 1, 2018 Public Packet 43 of 633 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 8 / 8 / 18 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: Accept the July 18, 2018 LOC meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. 7/18/18 LOC meeting minutes 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: David P. Jordan, LOC Chairman 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 Public Packet 44 of 633 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 July 18, 2018 9:00 a.m. Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III, Daniel Guzman King Excused: Jennifer Webster Others Present: Brandon Wisneski, Maureen Perkins, Clorissa Santiago, Jennifer Falck, Lee Cornelius, Bonnie Pigman, Leyne Orosco, Rae Skenandore, Wes Martin, Cathy Bachhuber I. Call to Order and Approval of the Agenda David P. Jordan called the July 18, 2018 Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Ernest Stevens III to adopt the agenda and move item VI.2. to the top of the agenda right after the minutes are approved; seconded by Daniel Guzman King. Motion carried unanimously. II. Minutes to be Approved (:33 - :54) 1. June 20, 2018 LOC Minutes Motion by Kirby Metoxen to approve the June 20, 2018 LOC minutes and forward to the Oneida Business Committee for consideration; seconded by Daniel Guzman King. Motion carried unanimously. III. Current Business 1. Comprehensive Policy Governing Boards, Committees, and Commissions Amendments (4:55 – 6:34) Motion by Kirby Metoxen to accept the public meeting comments and the public meeting comment review memorandum and defer the item to a work meeting; seconded by Ernest Stevens III. Motion carried unanimously. 2. Military Service Employee Protection Act Amendments (6:35 – 8:48) Motion by Kirby Metoxen to approve the public meeting packet and forward the Military Service Employee Protection Act amendments to a public meeting to be held on August 16, 2018 and forward the Military Service Employee Protection Act amendments to the Finance Office for a fiscal analysis; seconded by Daniel Guzman King. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of July 18, 2018 Page 1 of 2 Public Packet 45 of 633 3. Sanction and Penalties Law (8:49 – 9:43) Motion by Kirby Metoxen to accept the legislative analysis for the Sanctions and Penalties Law and defer to a work meeting; seconded by Daniel Guzman King. Motion carried unanimously. 4. Oneida Personnel Policies and Procedures Amendments (9:44 – 10:30) Motion by Ernest Stevens III to accept the legislative analysis for the Oneida Personnel Policies and Procedures amendments and defer to a work meeting; seconded by Daniel Guzman King. Motion carried unanimously. IV. New Submissions 1. Budget Management and Control Law Amendments (10:32 – 13:52) Motion by Kirby Metoxen to have the Legislative Reference Office send a memo discussing why this item will not be added to the active files list at this time; seconded by Ernest Stevens III. Motion carried unanimously. V. Additions VI. Administrative Updates 1. Travel Report: National Association of Drug Court Professionals Annual Conference (14:00 – 16:24) Motion by Daniel Guzman King to accept the travel report as information; seconded by Kirby Metoxen. Motion carried unanimously. 2. Legal Resource Center Rule #1- Application for Service (1:00 – 4:46) Motion by Daniel Guzman King to certify the rule and forward to the Business Committee for consideration; seconded by Ernest Stevens III. Motion carried unanimously. 3. Petition: G. Powless-Oneida Personnel Commission Dissolution E-Poll (16:30 – 20:00 ) Motion by Ernest Stevens III to enter the e-poll results into the record; seconded by Kirby Metoxen. Motion carried unanimously. VII. Executive Session VIII. Adjourn Motion by Ernest Stevens III to adjourn the July 18, 2018 Legislative Operating Committee meeting at 9:20 a.m.; seconded by Daniel Guzman King. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of July 18, 2018 Page 2 of 2 Public Packet 46 of 633 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 08 / 08 / 18 ============ 07 I 25 I 18 Item deferred at 7/25/18 BC meeting to the 8/8/18 BC meeting 2. General Information: Session: [g) Open D Executive- See instructions for the applicable laws, then choose one: Agenda Header: LIA--'-p--'-p_o_in_t_m_e_n_ts_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _____, D Accept as Information only [g) Action - please describe: Review Chairman's recommendation and determine next steps regarding one (1) Oneida Police Commission vacancy 3. Supporting Materials D Report D Other: D Resolution D Contract 3. 4. 2 D Business Committee signature required 4. Budget Information D Budgeted -Tribal Contribution D Budgeted -Grant Funded D Unbudgeted 5. Submission Autho~zedSponsor/ Liaison: ~~T_e_ha_s_s_i_ H iii_,C_h_a_i_r_m an_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ Prima~~que~o~ubmMe~ ~B~ro~o--'-k~e~D~o--'-x--'-~~t~o~~~B~C~C~S~u~p~e--'-N--'-i~m--'-r----------------Your Name, Title I Dept. or Tribal Member Additional Requestor: Laura Laitinen-Warren, Senior Policy Advisor Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of 2 Public Packet 47 of 633 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/ history, and action requested: One [1] vacancy was posted for the Oneida Police Commission to complete a term ending July 31, 2021. The original application deadline was February 9, 2018 and one [1] application was received. At the BC Meeting on March 28, 2018 a motion was made tore-notice the vacancy. The vacancy was re-noticed wit h an application deadline of May 11, 2018. Two [2] applications were received for the following applicants: Joan Mcl ester Michele Doxtator 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as * .pdf. 3) E-mail this form and all supporting materials in a SINGLE * .pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of2 Public Packet 48 of 633 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 08 I 08 I 18 2. General Information: Session: [g) Open D Executive- See instructions for the applicable laws, then choose one: Agenda Header: LIA--'-p--'-p_o_in_t_m_e_n_ts_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _____, D Accept as Information only [g) Action - please describe: Review Chairman's recommendation and determine next steps regarding one (1) Oneida Pow Wow Committee vacancy for term ending February 29, 2020. 3. Supporting Materials D Report D Other: D Resolution D Contract 3. 4. 2 D Business Committee signature required 4. Budget Information D Budgeted -Tribal Contribution D Budgeted -Grant Funded D Unbudgeted 5. Submission Autho~zedSponsor/ Liaison: ~~T_e_ha_s_s_i_ H iii_,C_h_a_i_r_m an_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ Primary~que~o~ubmMe~ ~B~ro~o--'-k~e~D~o--'-x--'-~~t~o~~~B~C~C~S~u~p~e--'-N--'-i~m--'-r----------------Your Name, Title I Dept. or Tribal Member Additional Requestor: Laura Laitinen-Warren, Senior Policy Advisor Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of 2 Public Packet 49 of 633 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: One (1) vacancy was posted for the Oneida Pow Wow Committee for a term ending February 29, 2020. The original application deadline was April 13, 2018 and one (1) application was received. On May 23, 2018 the Business Committee made a motion to re-post the vacancy. The new application deadline was July 13, 2018 and five (5) applications were received for the following applicants: Shannon Metoxen Worden Shane Webster Trista Cornelius-Henrickson Terry Lee Blackowl Tina Skenandore 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of2 Public Packet 50 of 633 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 08 I 08 I 18 2. General Information: Session: D Open [8] Executive- See instructions for the applicable laws, then choose one: !other - type reason AgendaHeader: LIT_a_b_le_d_B_u_s_in_e_s_s__________________________________________________~ [8] Accept as Information only D Action - please describe: 3. Supporting Materials D Report D Resolution D Contract [8] Other: 1.1..-M_e_m_o-------------------------------, 2.1c1ean and Redlined Version of SOP #8 3.1MOA 4.lschool Minutes D Business Committee signature required 4. Budget Information [8] Budgeted -Tribal Contribution [8] Budgeted- Grant Funded D Unbudgeted 5. Submission Authorized Sponsor 1 Liaison: Primary Requestor/Submitter: lsrandon Stevens, Vice-Chairman Todd Hill, School Board Chair -----------------------------------------------------Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 Public Packet 51 of 633 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The Oneida Nation School System's contracted employees do not have 2018-2019 contracts. There is one breach of contract. The ONSS SOP #8 titled: ONSS Contracted Employee Indirect Compensation : Unused Personal Leave and Vacation Time, had been tabled twice. The School Board worked with HRD on two separate occasions to revise and clarify the SOP, which went back to the School Board Attorney for final review. Attached is a Memo with further clarification of the SOP and its intended process; th red lined and clean versions of the SOP; and School Board Minutes to show that the SOP is School Board approved. 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 Page2 of2 Public Packet 52 of 633 Oneida Nation School Board PO Box 365 • Oneida, WI 54155-0365 (920) 86g-1676 /"""'\ :QDOODC) ONEIDA MEMO To : Oneida Business Committee From: Todd Hill, School Board Chair RE: ONSS SOP #8 Contracted Employees Unused Personal Leave and Vacation Time Date: August 1, 2018 -;/"/ # After meeting with Ms. Geraldine Danfmih, Mr. Joshua Cottrell, and Ms. Sheri Mousseau, the following points were discussed to clarify the ONSS SOP: Indirect Compensation - Contracted Employees' Unused Personal Leave and Vacation Time. 1. Only the Principals and Superintendent are on 12-month contracts and earn both vacation time and personal leave. They are eligible to request compensation for any unused personal leave and vacation time at the end of their cunent contract year. Seven grandfathered-in staff receive 12 personal leave days and all other contractual staff earn 10 days of personal leave each year on the 190-day contract, which begins each third week of August and ends the first part of June. 2. A small number, 7 out of 80, or nearly 9% of the total cunent contractual staff are grandfathered-in with 12 personal leave days instead of 10 due to their longevity with the school system. This number is decreasing each year as staff retire. This began in SY2006-07 when the School Board approved changes to the contracts by reducing the amount of time individuals would receive for personal leave during the school year. The Board agreed that employees with significant longevity with the Oneida Nation School System should be allowed to continue to receive 12 personal days of leave per year. 3. The personal leave time is capped at 280 hours which can be credited at the beginning of a new contract year, consistent with the overall Oneida Nation Employees policy. A contracted employee' s unused personal leave over 200 hours and/or remaining vacation time at the end of a cunent contract year may be compensated, consistent with the SOP #8 and the employee's contract. Any unused vacation time does not carry over to the next year. A good mind. A good heart. A strong fire. Public Packet 53 of 633 4. Employees may use their personal leave and vacation time during their cunent contract year. However, if contracted employees request leave during the contractual school year, it is disruptive to the student cuniculum and contact time; and employment of substitute certified staff would cost additional tribal contribution. Most salaries for substitute teachers are paid out of tribal contribution. 5. Cunently, one employee's contract is breached since compensation has not been issued for the submitted request of unused vacation time from the SY2017-2018. A good mind. A good heart. A strong fire. ~ ONEIDA Public Packet ONEIDA TRIBE OF WISCONSIN ONEIDA NATION SCHOOL BOARD 54 of 633 TITLE: ONSS Contracted Employee Indirect Compensation: Unused Personal Leave and Vacation Time ±Fade Baek fur Cash PAGE NO.1 of3 1. 06/03114 REVISION DATE: July 19,2018 EFFECTIVE DATE: One week after Board approval STANDARD OPERATING PROCEDURE SOP NUMBER: #8 ORIGINATION DATE: APPROVED BY: Oneida Nation School Board DATE: 6/3/14 REVISION DATE: July 19,2018 REVIEWED BY: Business Committee DATE: 06/25/14; Review DATE: PURPOSE 1.1 The General Tribal Council provided for the autonomous administration of the Oneida Nation School System (ONSS) (formerly known as the Oneida Tribal School) through the administration of the Oneida Nation School Board (formerly known as the Oneida Tribal School Board). By agreement with the Oneida Business Committee in the Memorandum of Agreement ("MOA") dated March 21, 1988, the Oneida Nation School Board, in its responsibilities related to all personnel matters, is to ensure that personnel decisions are based upon sound educational practices and policies. The MOA also directed that the Personnel Policies and Procedures 1.1.1 system (formerly known as the Oneida Tribal Management System) shall be revised to accommodate the decisions made by the Oneida Nation School Board related to personnel. 1.2 The MOA also provides that the Oneida Nation School Board (hereafter referred to as "School Board") has the authority to enter into contracts, including contracts with personnel, as necessary for the sound educational practices of ONSS. 1.2.1 The MOA fmther directs that all contracts related to the operation or planning of the ONSS shall be first reviewed and endorsed by the School Board. 1.2.2 The School Board's initiation, review, and endorsement of contracts, including personnel contracts, shall be presented in writing to the Business 1 Public Packet 55 of 633 Committee at times consistent with existing Oneida Nation Personnel Policies and Procedures. 1.2.3 The MOA provides that the recommendations of the School Board shall be followed by the Business Committee, unless good cause to the contrary is shown. 1.3 This Standard Operating Procedure is enacted for the purpose of promulgating a rule that provides for the School Board's ability to provide indirect compensation in the form of a payment for unused personal leave and vacation time at the end of a contract year exception to the Oneida Nation Policies and Procedures related to the "trade back for cash" program when contracting with ONSS employees. 1.3 .1 The School Board's decisions for ONSS contracted employees' indirect compensation that are related to the ability of employees to trade back for sash to include their annual unused vacation and/or personal time shall be based on sound educational practices that consider the professional and educational needs of the ONSS and the School Board's ability to recruit and hire qualified personnel. 1.3 .2 The School Board has determined that ONSS employees are frequently unable to utilize their personal and/or vacation leave due to their working conditions and that it is fiscally responsible to enable these employees to receive compensation in place of time off, consistent with sound educational practices. 2. DEFINITIONS 2.1 Personnel Policies and Procedures- Oneida Nation Personnel Policies and Procedures 2.2 Contracted Employee: An individual who is issued a contract of employment with the ONSS from the School Board and who has accepted employment with the ONSS. 2.3 MOA- March 21, 1988, Memorandum of Agreement between the Business Committee and the Oneida Nation School Board approved by the General Tribal Council 2.4 ONSS- Oneida Nation School System 2.5 School Board - Oneida Nation School Board 3. WORKSTANDARDS 3.1 The School Board shall make an annual determination of the nature and type of indirect compensation that will be offered to cutTent and new employees under a new contract with the ONSS to be issued by the School Board. 3.2 The annual review and determination of the ONSS contracted employees' indirect compensation shall be made in a timely manner and based on sound educational practices and market forces related to the recruitment and employment of qualified educational personnel. 2 Public Packet 3.3 3.4 3.5 3.6 56 of 633 The School Board shall revise the then-cmTent employee contracts based on its annual review, at its sole discretion as it deems necessary, and prior to any renewal notification that may be required under the then-cunent employee contracts. The School Board shall determine the tetms and conditions that will be offered to contracted employees for indirect compensation under a "trade back for cash" program that may create an exception to the then-cunent Personnel Policies and Procedmes. The "trade back for cash" program Indirect compensation may include cash compensation and be available for both unused personal leave time and vacation time, consistent with the employee's contract. The School Board shall adopt the annual employee contract(s), including the tetms and conditions for indirect compensation, by motion at a properly convened meeting of the School Board. Employees may be entitled to indirect compensation that includes paid personal time and/or vacation time. The availability of trade back for eashindirect compensation of accumulated, unused personal homs and/or vacation time will be provided under the tetms of the employee's contract, consistent with this Standard Operating Procedme and the policy of the Oneida Nation, including the MOA. Any personal time homs over 200 homs that the individual has accumulated, or over 184 accumulated homs for individuals eaming 12 days of personal leave under the contract, at the end of the tetm of the contract will not accrue to a new contract year, but can be paid ffilt-as cash compensation after the end of a contract year and the employee's final contract payroll period, upon request. The cash payout compensation is calculated using the employee's eamed pay rate. Failme to request the homs accumulated over 200 homs, or over 184 accumulated hours for individuals eaming 12 days of personal leave under the contract, at the end of the cunent contract year will result in a loss of those homs for the trade back for cash compensation program. If the employee has over 200 homs of personal leave and/or vacation time at the beginning of the new contract year, or over 184 accumulated homs for individuals earning 12 days of personal leave under the contract, the maximum the employee may be credited at the beginning of the next ONSS contract year will be 280 homs of personal leave and/or vacation time. The employee receives personal days of leave as indirect compensation available for use dming the full tetm of the contract, but which are attributed to the employee at the beginning of the new contract year when they are "loaded" into the personnel management system. 3 .6.1 Supervisors are responsible for monitoring employee vacation/personal time accruals, scheduling employees' working hours and approving or denying time off requests. 3.6.2 Employees are responsible for requesting time off utilizing personal, vacation, and/or donated hours, and shall comply with the procedures established 3 Public Packet 57 of 633 by the ONSS Administration for documentation of the use of personal leave and vacation time, including approval. 3 .6.3 Trade back for cash of Indirect cash compensation for unused personal leave and/or vacation time shall not be provided to an ONSS contracted employee if it is inconsistent with the then-cunent ONSS Employee Contract. 3.6.4 The employee is responsible annually for requesting the hours accumulated over any maximum number of hours allowed to accrue under the then-cunent Employee Contract. 3.6.4.1 The School Board's Chair, or in his/her absence, the ViceChair, shall approve or decline to approve a request by the Superintendent or Administrators. 3.6.4.2 The immediate supervisor of all other employees shall approve or decline to approve a request by the employee. 3.7 Consistent with the MOA, the Personnel Policies and Procedures shall be revised to accommodate the decisions made by the Oneida Nation School Board related to personnel, including personnel contracts and the trade back for cash programregarding indirect compensation of unused personal leave and vacation time. 3. 7.1 The Human Resource Depmiment shall process ONSS Contracted Employees' requests for trade back for cashunused personal leave and vacation time consistent with the then-cunent terms and conditions of the ONSS employee contracts. 4. REFERENCES 4.1 Memorandum of Agreement between the Oneida Business Committee and the Oneida Nation School Board, March 21, 1988 4.2 GTC Resolution 05-23-11-B, Amendments to the Personnel Policies and Procedures on Trade Back for Cash of Personal and Vacation Time Oneida Tribe of Wisconsin, Personnel Policies and Procedures 4.3 4.4 Oneida Tribe of Wisconsin, Standard Operating Procedure, Quarterly Trade Back for Cash Tribal Work Standards (October 11, 2011) ONSS Employee Contracts 4.4 4 Public Packet ONEIDA TRIBE OF WISCONSIN ONEIDA NATION SCHOOL BOARD 58 of 633 TITLE: ONSS Contracted Employee Indirect Compensation: Unused Personal Leave and Vacation Time PAGE NO. 1 of3 1. REVISION DATE: July 19, 2018 EFFECTIVE DATE: One week after Board approval STANDARD OPERATING PROCEDURE SOP NUMBER: #8 ORIGINATION DATE: 06/03/14 APPROVED BY: Oneida Nation School Board DATE: 6/3114 REVISION DATE: Julx 19, 2018 REVIEWED BY: Business Committee DATE: 06/25114; Review DATE: PURPOSE 1.1 The General Tribal Council provided for the autonomous administration of the Oneida Nation School System (ONSS) (fmmerly known as the Oneida Tribal School) through the administration of the Oneida Nation School Board (formerly known as the Oneida Tribal School Board). By agreement with the Oneida Business Committee in the Memorandum of Agreement ("MOA") dated March 21, 1988, the Oneida Nation School Board, in its responsibilities related to all personnel matters, is to ensure that personnel decisions are based upon sound educational practices and policies. The MOA also directed that the Personnel Policies and Procedures system (fmmerly known as the Oneida Tribal Management System) shall be revised to accommodate the decisions made by the Oneida Nation School Board related to personnel. 1.1.1 1.2 The MOA also provides that the Oneida Nation School Board (hereafter referred to as "School Board") has the authority to enter into contracts, including contracts with personnel, as necessary for the sound educational practices of ONSS. 1.2.1 The MOA further directs that all contracts related to the operation or planning of the ONSS shall be first reviewed and endorsed by the School Board. 1.2.2 The School Board's initiation, review, and endorsement of contracts, including personnel contracts, shall be presented in writing to the Business 1 Public Packet 59 of 633 Committee at times consistent with existing Oneida Nation Personnel Policies and Procedures. 1.2.3 The MOA provides that the recommendations of the School Board shall be followed by the Business Committee, unless good cause to the contrary is shown. 1.3 This Standard Operating Procedure is enacted for the purpose of promulgating a rule that provides for the School Board's ability to provide indirect compensation in the fmm of a payment for unused personal leave and vacation time at the end of a contract year when contracting with ONSS employees. 1.3.1 The School Board's decisions for ONSS contracted employees' indirect compensation to include their annual unused vacation and/or personal time shall be based on sound educational practices that consider the professional and educational needs of the ONSS and the School Board's ability to recruit and hire qualified personnel. 1.3 .2 The School Board has determined that ONSS employees are frequently unable to utilize their personal and/or vacation leave due to their working conditions and that it is fiscally responsible to enable these employees to receive compensation in place of time off, consistent with sound educational practices. 2. DEFINITIONS 2.1 2.2 2.3 2.4 2.5 3. Personnel Policies and Procedures- Oneida Nation Personnel Policies and Procedures Contracted Employee: An individual who is issued a contract of employment with the ONSS from the School Board and who has accepted employment with the ONSS. MOA- March 21, 1988, Memorandum of Agreement between the Business Committee and the Oneida Nation School Board approved by the General Tribal Council ONSS- Oneida Nation School System School Board- Oneida Nation School Board WORKSTANDARDS 3.1 3.2 3 .3 The School Board shall make an annual determination of the nature and type of indirect compensation that will be offered to current and new employees under a new contract with the ONSS to be issued by the School Board. The annual review and detetmination of the ONSS contracted employees' indirect compensation shall be made in a timely manner and based on sound educational practices and market forces related to the recruitment and employment of qualified educational personnel. The School Board shall revise the then-current employee contracts based on its annual review, at its sole discretion as it deems necessary, and prior to any 2 Public Packet 3 .4 3.5 3.6 60 of 633 renewal notification that may be required under the then-cunent employee contracts. The School Board shall determine the terms and conditions that will be offered to contracted employees for indirect compensation that may create an exception to the then-cunent Personnel Policies and Procedures. Indirect compensation may include cash compensation and be available for both unused personal leave time and vacation time, consistent with the employee's contract. The School Board shall adopt the annual employee contract(s), including the te1ms and conditions for indirect compensation, by motion at a properly convened meeting of the School Board. Employees may be entitled to indirect compensation that includes paid personal time and/or vacation time. The availability of indirect compensation of accumulated, unused personal hours and/or vacation time will be provided under the terms of the employee's contract, consistent with this Standard Operating Procedure and the policy of the Oneida Nation, including the MOA. Any personal time hours over 200 hours that the individual has accumulated, or over 184 accumulated hours for individuals eaming 12 days of personal leave under the contract, at the end of the term of the contract will not accme to a new contract year, but can be paid as cash compensation after the end of a contract year and the employee's final contract payroll period, upon request. The cash compensation is calculated using the employee's eruned pay rate. Failure to request the hours accumulated over 200 hours, or over 184 accumulated hours for individuals eaming 12 days of personal leave under the contract, at the end of the cunent contract year will result in a loss of those hours for the cash compensation program. \ If the employee has over 200 hours of personal leave and/or vacation time at the beginning of the new contract year, or over 184 accumulated hours for individuals earning 12 days of personal leave under the contract, the maximum the employee may be credited at the beginning of the next ONSS contract year will be 280 hours of personal leave and/or vacation time. The employee receives personal days of leave as indirect compensation available for use during the full term of the contract, but which are attributed to the employee at the beginning of the new contract year when they are "loaded" into the personnel management system. 3 .6.1 Supervisors are responsible for monitoring employee vacation/personal time accruals, scheduling employees' working hours and approving or denying time off requests. 3.6.2 Employees are responsible for requesting time off utilizing personal, vacation, and/or donated hours, and shall comply with the procedures established by the ONSS Administration for documentation of the use of personal leave and vacation time, including approval. 3 Public Packet 61 of 633 3.6.3 Indirect cash compensation for unused personal leave and/or vacation time shall not be provided to an ONSS contracted employee if it is inconsistent with the then-current ONSS Employee Contract. 3.6.4 The employee is responsible annually for requesting the hours accumulated over any maximum number ofhours allowed to accrue under the then-cunent Employee Contract. 3.6.4.1 The School Board's Chair, or in his/her absence, the ViceChair, shall approve or decline to approve a request by the Superintendent or Administrators. 3.6.4.2 The immediate supervisor of all other employees shall approve or decline to approve a request by the employee. 3.7 Consistent with the MOA, the Personnel Policies and Procedures shall be revised to accommodate the decisions made by the Oneida Nation School Board related to personnel, including personnel contracts regarding indirect compensation of unused personal leave and vacation time. 3. 7.1 The Human Resource Department shall process ONSS Contracted Employees' requests for unused personal leave and vacation time consistent with the then-current terms and conditions of the ONSS employee contracts. 4. REFERENCES 4.1 Memorandum of Agreement between the Oneida Business Committee and the Oneida Nation School Board, March 21, 1988 4.2 GTC Resolution 05-23-11-B, Amendments to the Personnel Policies and Procedures on Trade Back for Cash of Personal and Vacation Time Oneida Tribe of Wisconsin, Personnel Policies and Procedures 4.3 4.4 Oneida Tribe of Wisconsin, Standard Operating Procedure, Quarterly Trade Back for Cash Tribal Work Standards (October 11, 2011) 4.4 ONSS Employee Contracts 4 Public Packet Oneida Tribe of Indians of Wisconsin 62 of 633 Post Offfce Box 365 Phone: 869-2214 Oneida, WI 54155 UGWA OEMOLUM YATEHE Bec;:~use ol ll'le: ht-IP ot 1rus ( )brtngtng S-evt1&1 Oneu:sa; Ch•tl tn cemtnllt'19 ti~. / bags of c01n 10 Wa>~'>date the above . A. Where the Oneida Tribal lvf..anagerrent System refers to Per sonnel .( Administrator it shall be revised by the COMMITTEE to provide for Qmsultation with the Tribal School Administrator and Chairman of the BOARD. 2. Grievances of emriloyees of the Coeida Tribal School are. to be processed by two (2) members of the Cbeida Personnel Selection Committee, three (3) BOARD members and the EEO Officer as per grievance procedures outlined in the Oneida Tribal ~mnagernent System. 3. All contracts, grants and proposals related to ~he operation or planning of the Oneida Tribal School shall be first reviewed and . endorsed by the BOARD. Such review and endorserrent shall be presented in writing to the CCM1I:TI'EE at times consistent with existing Cbeida Tribal Policies and Procedures. The recCJiii:rendations of the BOARD shall be foll LDD. LD /.L LD69 .25 2662.5 2659./5 2660.5 2652.25 2645.5 Q) ~ 2250 c. ~ 2000 1 53 1756 1762 1751 1749 1753 1751 - - - - 1755 1755 2635 1757 2622.25 2622.75 .L. 81 1814 2628.5 - OV ~2 Employees 0 1750 •....---~--~---~-.·--~------~---~-----~-~----.---~-~---It---~~~~~~ 0 z 1500 - - - No. of Program/G - . - No. Gaming Emp loyees 1000 - 750 ll.\s Full-Time Equivalent \'1-()\.'0 \'1-()\.'0 \'1-()\.'0 \'1-()\.'0 \'1-()\.'0 \'1-()\.'0 \'1-()\.'0 \'1-()\.'0 \'1-()\.'0 \'1-()\.'0 \'1-()\.'0 \'1-()\.'0 \'1-()\.'0 ll.\\.11\.\\.~ ll.\'1-~ s\? s\\.a s\\.1 s\1-1\. s\?\. ~\1 ~\\.1\. ~11-\. ~11- c 0 0 I I I I 0 10000000 20000000 30000000 Sales $ Cigarettes continue to dominate sales & gross profit. Followed by Mobile branded fuel. $ Cigarettes GP%- 28.84% Fuel GP% - 4.96% Tobacco GP% - 35.03% Convenience GP% - 30.37% Overall GP%- 21.22% Public Packet 142 of 633 YTD Sales by Category Actual vs Budget $31,252,652 - - - - - - - - - - - - - - - - - $21 ,805,766 ~ 0 Cl !~ CJ 0 u u (ll J:J ~ Q) ·c: Q) > c 0 u, 0 5000000 10000000 15000000 20000000 Sa los I Budget I Actual $ Actual Sales is behind budget $12,455,654 Actual Sales is up $4,546,432 or 10.65% YOY 25000000 30000000 35000000 Public Packet 143 of 633 YTD FY 18 Alcohol Sales By Location 150000 ..... . 100000 ................................. 50000 ..... Westwind E&EE Travel Center Packerland I Sales I COGS I Gross Profit Larsen Four Paths Public Packet 144 of 633 YTD Carton Sales by Location 100000 90000 ... 80000 ... 70000 ... Ill 60000 ... c: ~C':l .. (J 50000 ... 0 "' 40000 .... 30000 ... 20000 ... 10000 .... 0 ·-Westwind 54 E&EE Travel C.. Packerland Larsen Four Paths Casino Bingo Isbell Location • # of CartonsSold $ The average convenience store sells 106 cartons per week IS. Abraham & Sons) in the state of Wisconsin. FY 2018 Weekly Average $ Westwind 2,459 avg 54 567 avg E&EE 666 avg Isbell 1,619 Larsen 1,812 Packerland 1,630 avg Four Paths 248 avg Casino 776 avg Bingo 399 avg Travel Center 647 avg Public Packet 145 of 633 YTD Ten Year Carton Sales -------.---------------,.-------------------------------------------------------. . 700000 ~ --------------j-------------+------------+------- : ' : : : 600000 : ·-- ------- ---· ; ------------I : : . +---------. -··+-. -··---- ····+: --··-----·-- -+--. ' ' ' : : : ! ! 1 1 500000 i-------------- 1 -----·--------i--------------~---------------~--------------~--------------~--------------i--------------i--------------i--------------; I ell c::: .g "' 0 0 : : : : : : : : : 4 00000 f---·-·----·--- i··-----····--·i·----·----·-··;...............;...............f--·-·----·---- '··-----·----·-1----··---····-1-------·-·----;..............; ' ~ Gl ..a E :::> z : : I ; : 300000 ' i ' i i ' : : i i ' ' r--------------1--------------i--------------+-------------+-------------+--------------f--------------i--------------i--------------i--------------1 I : : : : : : : : : : : : : ; : : ' : : : ' 2 00000 :--------------j--------------j--------------+-------------+-------------+--------------f--------------1--------------j-------------- j--------------i : : : : : : ' : : : : : : : : : I : : : : ' : I 100000 If· : : : : : -·----·-···-············································'···············f··············f··············f·············-·-····························· ' ' : : : , , 1 1 FY 10 FY 11 FY 12 FY 13 I ' : : : ; 1 1 • i FY 1 5 FY 16 FY 17 Proje ct.. o :_________L________ L________ L________ L________ l ________ l ________ l ________ j ________ j ________ J FY 0 8 FY 09 FY 14 Fisca l Yea r • Number of Cartons Sold Qtr. 3 FY 18 Import Tobacco Sales • Sales (50%) • Cost of Sales [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%3A8b46b5e4d659e862. Public record. Not legal advice.