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Oneida Nation
Post Office Box 365
Oneida, WI 54155
Phone: (920)869-2214
BC Meeting Materials December 13, 2017
Open Session – Public meeting materials
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 544 pages are the Open Session – Public meeting materials presented at
a meeting duly called, noticed and held on the 13th day of December, 2017, and
reconvened on the 14th day of December, 2017.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
Public Packet
Page 1 of 534
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, December 12, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, December 13, 2017
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 – Simone Decoteau-Patterson
Sponsor: Geraldine Danforth, Area Manager/Human Resources Dept.
B. Presentation of checks to Mobil Education Alliance program recipients – Oneida
Elementary School, Oneida High School, Lannoye Elementary School, King Elementary School,
Hillcrest Elementary School, and Pioneer Elementary School
Sponsor: Nathan King, Director/Intergovernmental Affairs & Communications
III. ADOPT THE AGENDA
IV. OATHS OF OFFICE
A. Oneida Police Dept. – Paul Kopka
B. Pardon and Forgiveness Screening Committee – Carmelita Escamea
C. Oneida Nation Arts Board – Christine Klimmek
D. Southeastern Oneida Tribal Services Advisory Board – Diane Hill
E. Oneida Library Board – Melinda K. Danforth
F. Oneida Nation Commission on Aging – Florence Petri
Oneida Business Committee Regular Meeting Agenda of December 13, 2017
Page 1 of 8
Public Packet
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V. MINUTES
A. Approve November 8, 2017, regular meeting minutes
Sponsor: Lisa Summers, Secretary
B. Approve November 30, 2017, special meeting minutes
Sponsor: Lisa Summers, Secretary
VI. RESOLUTIONS
A. Adopt resolution entitled FY 2018-2020 Oneida Nation Tribal Transportation Improvement
Plan (TTIP)
Sponsor: Troy Parr, Assistant Division Director/Community Economic & Development
Requestor: James Petitjean, Financial Analyst/Planner
B. Adopt resolution entitled Office of Special Trustee – Sign Off Authority
Sponsor: Kirby Metoxen, Councilman
Requestor: Susan White, Director/Trust Enrollment
C. Adopt resolution entitled Creation of Acheson Education Endowment in Accordance with
the Endowments Law
Sponsor: Trish King, Treasurer
D. Adopt resolution entitled Landlord-Tenant (Law) Amendments
Chair: David P. Jordan, Councilman/Legislative Operating Committee Chair
E. Enter the E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor: Lisa Summers, Secretary
1. Adoption of resolution entitled CY 2018 County Tribal Law Enforcement – Brown
County; and resolution entitled CY 2018 County Tribal Law Enforcement – Outagamie
County
Requestor: Richard Van Boxtel, Chief of Police/Oneida Police Dept.
VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair: David P. Jordan, Councilman
1. Accept November 1, 2017, Legislative Operating Committee meeting minutes
2. Accept November 15, 2017, Legislative Operating Committee meeting minutes
B. Finance Committee
Chair: Trish King, Treasurer
1. Approve November 13, 2017, Finance Committee meeting minutes
2. Approve December 4, 2017, Finance Committee meeting minutes
Oneida Business Committee Regular Meeting Agenda of December 13, 2017
Page 2 of 8
Public Packet
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VIII. NEW BUSINESS
A. Accept appointment of Florence Petri to the Oneida Nation Commission on Aging as
information
Liaisons: Jennifer Webster, Councilwoman; Secretary Lisa Summers
Chair: Pat Lassila, Oneida Commission on Aging
B. Approve Achieve Brown County Inc.-Data Sharing and Use Memorandum of
Understanding (MOU) – file # 2017-1452; and United Way of Brown County-Data Sharing
and Use MOU – file # 2017-1453
Sponsor: George Skenandore, Division Director/Governmental Services
Requestor: Jennifer Hill-Kelley, Area Manager/Education & Training
C. Accept progress report regarding Environmental Resource Board transfer of hearing
authority
Liaisons: Danial Guzman King, Councilman; Ernie Stevens III, Councilman
Chair: Al Manders, Environmental Resource Board
D. Approve Gaming Facilities Compliance Inspection; and approve Oneida Gaming
Commission to forward compliance letter to State of Wisconsin
Sponsor: Troy Parr, Assistant Division Director/Community Economic & Development
E. Approve OBC SOP entitled Corporate Appointments
Sponsor: Lisa Summers, Secretary
F. Identify Screening/Selection Subcommittee for Family Court Judge vacancy
Sponsor: Lisa Summers, Secretary
G. Enter the E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor: Lisa Summers, Secretary
1. Approved Wisconsin State-Justice Dept. Memorandum of Understanding – file # 20171337
Requestor: Nathan King, Director/Intergovernmental Affairs & Communications Dept.
IX. TRAVEL
A. Travel Reports
1. Approve travel report – Chairman Tehassi Hill, Secretary Lisa Summers, and
Councilwoman Webster – Government to Government meeting – Detroit, MI – June 21,
2017
2. Approve travel report – Chairman Tehassi Hill – 6th Annual Partners in Action
conference – Prior Lake, MN – July 17-20, 2017
3. Approve travel report – Secretary Lisa Summers – Tribute to Survival Exhibit and
Indian Summer festival – Milwaukee, WI – September 7-9, 2017
4. Approve travel report – Councilman Daniel Guzman King – Indian Summer festival –
Milwaukee, WI – September 7-10, 2017
Oneida Business Committee Regular Meeting Agenda of December 13, 2017
Page 3 of 8
Public Packet
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5. Approve travel report – Chairman Tehassi Hill – Democratic National Convention (DNC)
Native American roundtable – Washington D.C. – September 12-14, 2017
6. Approve travel report – Councilman Daniel Guzman King – Centers for Medicaid &
Medicare Services (CMS) meeting and congressional lobbying – Washington D.C. –
September 12-14, 2017
7. Approve travel report – Secretary Lisa Summers – Government to Government
meeting – Washington D.C. – September 20, 2017
8. Approve travel report – Secretary Lisa Summers – Tribal Caucus and Inter-tribal
Criminal Justice Council – Wisconsin Dells, WI – September 27-28, 2017
9. Approve travel report – Councilman Kirby Metoxen – National Congress of American
Indians (NCAI) convention & marketplace – Milwaukee, WI – October 16-20, 2017
10. Approve travel report – Councilman Daniel Guzman King – National Congress of
American Indians (NCAI) convention & marketplace – Milwaukee, WI – October 16-20,
2017
11. Approve travel report – Councilman Daniel Guzman King – Medicare & Medicaid Policy
Committee (MMPC) & CMS Tribal Technical Advisory Group (TTAG) meetings, Senate
Committee on Indian Affairs congressional hearing on tax reform, and congressional
lobbying – Washington D.C. – October 30-November 3, 2017
12. Approve travel report – Councilwoman Jennifer Webster – Medicare & Medicaid Policy
Committee (MMPC) & CMS Tribal Technical Advisory Group (TTAG) meetings –
Washington D.C. – October 30-November 3, 2017
13. Approve travel report – Chairman Tehassi Hill, Secretary Lisa Summers, Councilman
Daniel Guzman King, and Councilwoman Jennifer Webster – New York Properties Tour
– Verona, NY – November 2-6, 2017
14. Approve travel report – Treasurer Trish King – Tax Reform Listening Session –
Washington D.C. – December 3-4, 2017
B. Travel Requests
1. Approve travel request – Various OBC Members – National Congress of American
Indians (NCAI) Executive Council Winter Session – Washington D.C. – February 12-15,
2018
2. Approve travel request – Various OBC members – 2018 Midwest Alliance of Sovereign
Tribes (MAST) Impact Week – Washington D.C. – March 25-28, 2018
C. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor: Lisa Summers, Secretary
1. Failed travel request due to lack of responses – Three (3) Oneida Gaming
Commissioners & four (4) staff – WI Gaming Regulators Association (WGRA)
conference – Carter, WI – December 4‐6, 2017
Liaison: Kirby Metoxen, Councilman
Requestor: Matthew W. Denny, Chair/Oneida Gaming Commission
Oneida Business Committee Regular Meeting Agenda of December 13, 2017
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Public Packet
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2. Approved travel request in accordance with Travel & Expense Policy – Six (6) Election
Board members/alternates, one (1) Oneida Police Dept. Officer, and one (1)
Enrollments staff – 2017 Special Election – Milwaukee, WI – December 1-3, 2017
Liaison: Tehassi Hill, Chairman
Requestor: Racquel Hill, Chair/Oneida Election Board
3. Approved travel request – Councilwoman Jennifer Webster – Parents as Teachers
conference – Philadelphia, PA – November 28-30, 2017
Requestor: Jennifer Webster, Councilwoman
4. Approved travel request – Councilman Kirby Metoxen – Tribal Roundtable 2017
Carlisle Repatriation – Shakopee, MN – November 29-December 1, 2017
Requestor: Kirby Metoxen, Councilman
5. Approved travel request – Treasurer Trish King – Tax Reform Listening Session –
Washington D.C. – December 3-5, 2017.
Requestor: Trish King, Treasurer
X. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC
Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to
https://goo.gl/uLp2jE)
A. Tabled Business
1. Schedule special GTC meeting regarding Employment Law and Reorganization
proposals
Sponsor: David P. Jordan, Councilman/Legislative Operating Committee Chair
EXCERPT FROM NOVEMBER 8, 2017: (1)Motion by Kirby Metoxen to schedule a special
GTC meeting on Saturday, February 24, 2018, seconded by Lisa Summers. Seconder
withdrew. (2) Motion by Kirby Metoxen to schedule a special GTC meeting on Saturday,
February 24, 2018. Motion failed due to lack of support. (3) Motion by Lisa Summers to table
1
this item, seconded by Brandon Stevens. Motion carried with one opposed.
B. Petitioner Leah Sue Dodge – Law firm for GTC
1. Accept legislative analysis
Sponsor: David P. Jordan, Councilman/Legislative Operating Committee Chair
2. Accept legal analysis
Sponsor: Jo Anne House, Chief Counsel
3. Accept financial analysis
Sponsor: Larry Barton, Chief Financial Officer
EXCERPT FROM NOVEMBER 8, 2017: Motion by Lisa Summres to accept the legislative
analysis progress report, seconded by Brandon Stevens. Motion carried unanimously.
EXCERPT FROM OCTOVER 11, 2017: Motion by Jennifer Webster to schedule a special
GTC meeting on Tuesday, January 16, 2018, at 6:00 p.m., seconded by Lisa Summers.
Motion carried unanimously.
1
For the record: Councilwoman Jennifer Webster stated tabling it to give the opportunity for LOC, Organizational Development
Specialist, and the Tribal Secretary to come back with an alternate schedule.
Oneida Business Committee Regular Meeting Agenda of December 13, 2017
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Public Packet
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EXCERPT FROM SEPTEMBER 27, 2017: (1) Motion by Lisa Summers to acknowledge
receipt of the petition submitted by Leah Sue Dodge regarding a Law Firm for GTC,
seconded by David P. Jordan. Motion carried unanimously. (2) Motion by Lisa Summers to
send the verified petition to the Law, Finance, Legislative Reference, and Direct Report
Offices' for legal financial, legislative, and administrative analyses, seconded by David P.
Jordan. Motion carried unanimously. (3) Motion by Lisa Summers to direct the Law, Finance,
and Legislative Reference Office to submit their analyses to the Tribal Secretary within sixty
(60) days with a progress report to be submitted within forty-five (45) days; and to direct the
Direct Report Offices to submit administrative analyses to Tribal Secretary within thirty (30)
days, seconded by David P. Jordan. Motion carried unanimously.
C. Petitioner Gina Powless – Banishment Law resolution
1. Accept legislative analysis
Sponsor: David P. Jordan, Councilman/Legislative Operating Committee Chair
2. Accept legal analysis (Not Submitted)
Sponsor: Jo Anne House, Chief Counsel
3. Accept progress report regarding financial analysis
Sponsor: Larry Barton, Chief Financial Officer
EXCERPT FROM NOVEMBER 8, 2017: Motion by Lisa Summres to accept the legislative
analysis progress report, seconded by Kirby Metoxen. Motion carried unanimously.
EXCERPT FROM OCTOVER 11, 2017: Motion by Jennifer Webster to schedule a special
GTC meeting on Tuesday, January 16, 2018, at 6:00 p.m., seconded by Lisa Summers.
Motion carried unanimously.
EXCERPT FROM SEPTEMBER 27, 2017: (1) Motion by Lisa Summers to acknowledge
receipt of the petition submitted by Gina Powless regarding a Banishment Law resolution,
seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to
send the verified petition to the Law, Finance, Legislative Reference, and Direct Report
Offices' for legal financial, legislative, and administrative analyses, seconded by Jennifer
Webster. Motion carried unanimously. (3) Motion by Lisa Summers to direct the Law,
Finance, and Legislative Reference Office to submit their analyses to the Tribal Secretary
within sixty (60) days with a progress report to be submitted within forty-five (45) days; and to
direct the Direct Report Offices to submit administrative analyses to Tribal Secretary within
thirty (30) days, seconded by Jennifer Webster. Motion carried unanimously.
D. Approve January 16, 2018, special GTC meeting materials
Sponsor: Lisa Summers, Secretary
XI. EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to change)
A. Reports
1. Accept Chief Counsel report – Jo Anne House, Chief Counsel
a. Approve limited waiver of sovereign immunity – LexisNexis-Portfolio Media Inc.
Law 360 – file # 2017-1409
b. Approve limited waiver of sovereign immunity – Wisconsin DMV-Electronic
Records Access – file # 2017-1334
2. Accept Intergovernmental Affairs & Communications November report – Nathan King, Director
Oneida Business Committee Regular Meeting Agenda of December 13, 2017
Page 6 of 8
Public Packet
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B. Standing Items
1. Land Claims Strategy – New York Properties Review report
2. Accept update regarding Oneida Golf Enterprise – Ladies Professional Golf
Association (This item is scheduled to begin at 8:30 a.m.)
C. Audit Committee
Chair: David P. Jordan, Councilman
1. Accept October 12, 2017, Audit Committee meeting minutes
2. Approve audit entitled Complimentary Items & Services Compliance and lift
confidentiality requirement to allow Tribal Members to view the audit
3. Approve audit entitled Anna John Residential Community Care Center Board
Performance Assurance and lift confidentiality requirement to allow Tribal Members to
view the audit
4. Approve audit entitled Blackjack Rules of Play and lift confidentiality requirement to
allow Tribal Members to view the audit
5. Approve audit entitled Card Games & Poker Rules of Play and lift confidentiality
requirement to allow Tribal Members to view the audit
6. Approve audit entitled Craps Rules of Play and lift confidentiality requirement to allow
Tribal Members to view the audit
7. Approve audit entitled Custodial Performance Assurance and lift confidentiality
requirement to allow Tribal Members to view the audit
8. Approve audit entitled Drop & Count (Class II Poker & Kiosk) Compliance and lift
confidentiality requirement to allow Tribal Members to view the audit
9. Approve audit entitled Drop & Count Annual Compliance and lift confidentiality
requirement to allow Tribal Members to view the audit
10. Approve audit entitled Gaming Custodial Performance Assurance and lift
confidentiality requirement to allow Tribal Members to view the audit
11. Approve audit entitled Human Resource Dept. Performance Assurance and lift
confidentiality requirement to allow Tribal Members to view the audit
12. Approve audit entitled Slot Compliance and lift confidentiality requirement to allow
Tribal Members to view the audit
13. Approve audit entitled Vocational Rehabilitation Job Training Performance Assurance
and lift confidentiality requirement to allow Tribal Members to view the audit
Oneida Business Committee Regular Meeting Agenda of December 13, 2017
Page 7 of 8
Public Packet
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D. Unfinished Business
1. Accept close-out report regarding Language Dept. transition
Liaison: Brandon Stevens, Vice-Chairman
Chair: Debbie Danforth, Oneida Nation School Board
EXCERPT FROM NOVEMBER 22, 2017: Meeting canceled.
EXCERPT FROM NOVEMBER 8, 2017: Motion by Jennifer Webster for the Liaison to followup with the Oneida Nation School Board to get the final report to be submitted for the
November 22, 2017, regular Business Committee meeting, seconded by Trish King. Motion
carried unanimously.
EXCERPT FROM OCTOBER 25, 2017: Motion by David P. Jordan to defer this item to the
November 8, 2017, regular Business Committee meeting.
E. New Business
1. Approve forty-seven (47) new enrollments and one (1) relinquishment
Sponsor: Kirby Metoxen, Councilman
2. Adopt resolution entitled Resolution to Authorize New Transamerica Service Platform
for Governmental and Enterprise 401(k) Plans
Sponsor: Larry Barton, Chief Financial Officer
3. Approve OBC SOP entitled Employee Incentives
Sponsor: Trish King, Treasurer
4. Determine appropriate next steps regarding the Agriculture Strategy
Sponsor: Lisa Summers, Secretary (This item is scheduled to begin at 3:00 p.m.)
5. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor: Lisa Summers, Secretary
a. Approved the Husch Blackwell LLP contract – file # 2017-1435
Requestor: Jo Anne House, Chief Counsel
XII. ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, 3:50 p.m., Friday, December 8, 2017, pursuant
to the Open Records and Open Meetings Law, section 7.17-1.
The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official
website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800)
236-2214.
Oneida Business Committee Regular Meeting Agenda of December 13, 2017
Page 8 of 8
Public Packet
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12 / 13 / 17
============
Public Packet
Employee's Name: Simone Decoteau-Patterson
Supervisor's Name: Susan Danforth
Date of Hire: August 17, 1992
Recognition rescheduled from the November 8, 2017, regular OBC meeting
Page 10 of 534
Public Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
12 / 13 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Announcement/Recognition
Accept as Information only
Action - please describe:
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Nathan King, Director/IGAC
Primary Requestor/Submitter:
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 12 of 534
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Present check to Oneida Elementary School, Oneida High School, Lannoye Elementary School, King Elementary
School, Hillcrest Elementary School, and Pioneer Elementary School. Each year Oneida One Stops nominates
local schools for the Mobil Education Alliance program. Each school will receive a $500 check. Representatives
from each of the schools will be present to receive the check.
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
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
12 / 13 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Police Officer Oath of Office
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Secretary
Primary Requestor/Submitter:
Eric Boulanger, Oneida Police Department
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 14 of 534
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Complete the hiring process for Officer Paul Kopka and issue Police Officer Oath of Office.
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
Page 15 of 534
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
12 / 13 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Carmelita Escamea for the Pardon and Forgiveness Screening Committee.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Brooke Doxtator, Board, Committee and Commissions Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Public Packet
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
There were two (2) applicant(s) for three (3) vacancies on the Pardon and Forgiveness Screening Committee.
On October 31, 2017 the Chairman made a recommendation to appoint Carmelita Escamea.
The appointment was appproved at the November 8, 2017 BC Meeting.
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
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
12 / 13 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Christine Klimmek for the Oneida Nation Arts Board.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Brooke Doxtator, Board, Committee and Commissions Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Public Packet
Page 18 of 534
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
There was one (1) applicant(s) for the one (1) vacancy(s) on the Oneida Nation Arts Board.
The Oneida Nation Arts Board submitted a recommendation for Christine Klimmek on October 25, 2017 and on
October 31, 2017 the Chairman made a recommendation to appoint Christine.
The appointment was approved at the November 8, 2017 BC Meeting.
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
Page 19 of 534
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
12 / 13 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Diane Hill for the Southeastern Wisconsin Oneida Tribal Services Advisory Board.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Brooke Doxtator, Board, Committee and Commissions Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Public Packet
Page 20 of 534
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
There was one (1) applicant for two (2) vacancies on the Southeastern Wisconsin Oneida Tribal Services Advisory
Board.
On October 31, 2017 the Chairman made a recommendation to appoint Diane Hill.
The appointment was approved at the November 8, 2017 BC Meeting.
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
Page 21 of 534
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
12 / 13 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Melinda K. Danforth for the Oneida Library Board.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Brooke Doxtator, Board, Committee and Commissions Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Public Packet
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
There was one (1) applicant(s) for one (1) vacancy on the Oneida Library Board.
On October 31, 2017 the Chairman made a recommendation to appoint Melinda K. Danforth.
The appointment was approved at the November 8, 2017 BC Meeting.
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
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Public Packet
Page 24 of 534
Public Packet
Page 25 of 534
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
12 / 13 / 17
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 November 8, 2017, regular meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. November 8, 2017, regular meeting minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. 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
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DRAFT
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, November 7, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, November 8, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
EXECUTIVE SESSION
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa
Summers, Councilwoman Jennifer Webster;
Not Present: Councilman Daniel Guzman King, Councilman David P. Jordan, Councilman Kirby
Metoxen, Councilman Ernie Stevens III;
Arrived at: ;
Others present: Jo Anne House, Larry Barton, Rhiannon Metoxen, Michele Doxtator, Rae Skenandore;
REGULAR MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa
Summers, Council members: Kirby Metoxen, Jennifer Webster (excused for afternoon);
Not Present: Councilman Daniel Guzman King, Councilman David P. Jordan;
Arrived at: Councilman Ernie Stevens III at 1:30 p.m.;
Others present: Brooke Doxtator, Clorissa Santiago, Candace Skenandore, Jessica Wallenfang, Jo
Anne House, Heather Heuer, Jeanette Ninham, Rosa Laster, Wes Martin Jr., Pat Garvey, Jen Falck,
RaLinda Ninham-Lamberies, Lauren Latinen-Warren, Leyne Orosco, Shirley Barber, Ed Delgado, Paul
Witek, Rhiannon Metoxen, Susan House, Bonnie Pigman, Racquel Hill, Cathy Bachhuber, Michele
Doxtator, Patrick Pelky, Nic Reynolds, Geraldine Danforth, Josh Cottrell, Marianne Close, Kerry Metoxen,
Joanie Buckley, Don Miller, Dawn, Walschinski, Dave Cluckey, Michelle Danforth-Anderson, Richard ElmHill, Marlon Skenandore, Tsyoshaaht Delgado, Louise Cornelius;
I. CALL TO ORDER AND ROLL CALL by Chairman Tehassi Hill at 8:31 a.m.
For the record:
Councilman Daniel Guzman King is out of the office to the attend the WI
Dept. of Health Services, WI. Dept. of Administration and WI. Dept. of
revenue consultation in Keshena, WI. Councilman David P. Jordan is out
of the office to attend the Tribal Transportation Conference at the
Radisson Hotel and Conference Center. Councilman Ernie Stevens III is
out for the morning session to attend the WI Dept. of Health Services,
WI. Dept. of Administration and WI. Dept. of revenue consultation in
Keshena, WI. Councilwoman Jennifer Webster is excused for the
afternoon to attend the attend the WI Dept. of Health Services, WI. Dept.
of Administration and WI. Dept. of revenue consultation in Keshena, WI.
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II. OPENING by Chairman Tehassi Hill
A. Special Commemoration – Oneida Child Protective Board – 35 years of service (00:05:15)
Requestor: Bobbi Webster, PR Director/Intergovernmental Affairs & Communications Dept.
Sponsor: Nathan King, Director/Intergovernmental Affairs & Communications Dept.
A special commemoration plaque was presented by Secretary Lisa Summers on behalf of the Oneida
Nation and Oneida Business Committee for the Oneida Child Protective Board’s 35 years of service.
III. ADOPT THE AGENDA (00:12:30)
Motion by Lisa Summers to adopt the agenda as presented, seconded by Kirby Metoxen. Motion carried
unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
IV. OATHS OF OFFICE (00:12:50) administered by Secretary Lisa Summers
A. Finance Committee Community Elder Position – Shirley Barber
V. MINUTES
A. Approve October 25, 2017, regular meeting minutes (00:14:48)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to approve the October 25, 2017, regular meeting minutes, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
B. Approve October 26, FY ’17 4th quarter reports meeting minutes (00:15:22)
Sponsor: Lisa Summers, Secretary
th
Motion by Jennifer Webster to approve the October 26, FY ’17 4 quarter reports, regular meeting
minutes, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
VI. RESOLUTIONS
A. Adopt resolution entitled Implementing Constitutional Amendments (00:15:52)
Sponsor: Lisa Summers, Secretary
Motion by Trish King to adopt resolution #11-08-17-A Implementing Constitutional Amendments,
seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
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VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair: David P. Jordan, Councilman
1. Accept October 4, 2017, Legislative Operating Committee meeting minutes (00:17:20)
Motion by Trish King to accept the October 4, 2017, Legislative Operating Committee meeting minutes,
seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
B. Finance Committee
Chair: Trish King, Treasurer
1. Approve October 30, 2017, Finance Committee meeting minutes (00:17:49)
Motion by Kirby Metoxen to approve the October 30, 2017, Finance Committee meeting minutes,
seconded by Trish King. Motion carried with one abstention:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
C. Quality of Life Committee
Chair: Brandon Stevens, Vice-Chairman
1. Accept September 14, 2017, Quality of Life Committee meeting minutes (00:18:58)
Motion by Lisa Summers to accept the September 14, 2017, Quality of Life Committee meeting minutes,
seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
VIII. APPOINTMENTS
A. Approve recommendation to appoint Kathy Hughes to Oneida Airport Hotel Corp. Board
Sponsor: Tehassi Hill, Chairman (00:19:23)
Motion by Lisa Summers to approve the recommendation to appoint Kathy Hughes to Oneida Airport
Hotel Corp. Board, seconded by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
B. Approve recommendation to appoint Christine Klimmek to Oneida Nation Arts Board
Sponsor: Tehassi Hill, Chairman (00:20:00)
Motion by Kirby Metoxen to approve the recommendation to appoint Christine Klimmek to Oneida Nation
Arts Board, seconded by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
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C. Approve recommendation to appoint Carmelita Escamea to Pardon and Forgiveness
Screening Committee; and re-post two (2) remaining vacancies (00:20:20)
Sponsor: Tehassi Hill, Chairman
Motion by Brandon Stevens to approve the recommendation to appoint Carmelita Escamea to Pardon
and Forgiveness Screening Committee; and to re-post two (2) remaining vacancies, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
D. Approve recommendation to appoint Melinda K. Danforth to Oneida Library Board
Sponsor: Tehassi Hill, Chairman (00:21:09)
Motion by Kirby Metoxen to approve the recommendation to appoint Melinda K. Danforth to Oneida
Library Board, seconded by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
E. Approve recommendation to appoint Diane Hill to Southeastern Oneida Tribal Services
Advisory Board (00:21:33)
Sponsor: Tehassi Hill, Chairman
Motion by Lisa Summers to approve the recommendation to appoint Diane Hill to Southeastern Oneida
Tribal Services Advisory Board, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
IX. NEW BUSINESS
A. Approve activation of $400,000 from approved FY ’18 CIP Funds for project # 23-005 –
Residential Homes Sites (00:21:53)
Requestor: Paul Witek, Senior Tribal Architect/Engineering Dept.
Sponsor: Troy Parr, Asst. Division Director/ Community & Economic Development
Motion by Jennifer Webster to approve the activation of $400,000 from approved FY ’18 CIP Funds for
project # 23-005 – Residential Homes Sites, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
B. Approve three (3) actions regarding CIP project # 05-013 – Elder Services/Apartments
Requestor: Paul Witek, Senior Tribal Architect/Engineering Dept. (00:36:02)
Sponsor: Troy Parr, Asst. Division Director/ Community & Economic Development
Motion by Lisa Summers to approve project CIP project # 05-013 – Elder Services-Apartments
Improvements with Option 1, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
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Motion by Lisa Summers to approve the activation of $48,000, from the approve FY2015 CIP Budget for
CIP project # 05-013 Elder Services-Apartments Improvements, seconded by Kirby Metoxen. Motion
carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
Motion by Lisa Summers to approve the activation of $1,875,000 from the approve FY2018 CIP Budget
for CIP project # 05-013 Elder Services-Apartments Improvements, seconded by Trish King. Motion
carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
C. Approve activation of $550,000 from approved FY ’18 CIP Funds for project # 07-002 –
Social Services Building Remodeling-Phase V (00:38:48)
Requestor: Paul Witek, Senior Tribal Architect/Engineering Dept.
Sponsor: Troy Parr, Asst. Division Director/ Community & Economic Development
Motion by Lisa Summers to approve the activation of $550,000 from approved FY ’18 CIP Funds for
project # 07-002 – Social Services Building Remodeling-Phase V, seconded by Jennifer Webster. Motion
carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
D. Approve activation of $30,000 from approved FY ’18 CIP Funds for project # 07-013 –
Maple Sugar Camp (00:40:26)
Requestor: Paul Witek, Senior Tribal Architect/Engineering Dept.
Sponsor: Troy Parr, Asst. Division Director/ Community & Economic Development
Motion by Lisa Summers to approve the activation of $30,000 from approved FY ’18 CIP Funds for
project # 07-013 – Maple Sugar Camp, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
E. Approve activation of $311,000 from approved FY ’18 CIP Funds for project # 15-003 –
Norbert Hill Center Remodeling-Phase VIII (00:41:23)
Requestor: Paul Witek, Senior Tribal Architect/Engineering Dept.
Sponsor: Troy Parr, Asst. Division Director/ Community & Economic Development
Motion by Jennifer Webster to approve the activation of $311,000 from approved FY ’18 CIP Funds for
project # 15-003 – Norbert Hill Center Remodeling-Phase VIII, seconded by Lisa Summers. Motion
carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
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F. Approve activation of $805,000 from approved FY ’18 CIP Funds for project # 16-005 –
Casino Exterior Enhancements (00:44:50)
Requestor: Paul Witek, Senior Tribal Architect/Engineering Dept.
Sponsor: Troy Parr, Asst. Division Director/ Community & Economic Development
Motion by Lisa Summers to approve the activation of $805,000 from approved FY ’18 CIP Funds for
project # 16-005 – Casino Exterior Enhancements, seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
G. Approve three (3) requests regarding CIP project # 16-008 – Oneida Family Fitness
Improvements (00:45:23)
Requestor: Paul Witek, Senior Tribal Architect/Engineering Dept.
Sponsor: Troy Parr, Asst. Division Director/ Community & Economic Development
Motion by Kirby Metoxen to approve the procedural exception to forgo Phase II of the CIP process of
routing the CIP package to the various review entities; to approve CIP project # 16-008 – Oneida Family
Fitness Improvements; and to approve activation of $207,000 from the approve FY2018 CIP Budget for
CIP project # 16-008 – Oneida Family Fitness Improvements, seconded by Lisa Summers. Motion
carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
H. Post eight (8) Oneida Election Board alternate positions for 2017 Special Election on
December 2, 2017 (00:51:52)
Chair: Racquel Hill
Liaison: Tehassi Hill, Chairman
Motion by Lisa Summers to post eight (8) Oneida Election Board alternate positions for 2017 Special
Election on December 2, 2017, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
I.
Post one (1) vacancy on Oneida Police Commission with a term end date of 7/31/21
Requestor: Brooke Doxtator, Boards, Committees, Commissions Supervisor/BC Support Office
Sponsor: Lisa Summers, Secretary (00:55:32)
Motion by Jennifer Webster to post one (1) vacancy on Oneida Police Commission with a term end date
of 7/31/21, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
J. Approve OBC SOP entitled Community Complaints and/or Concerns (00:56:00)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to approve the OBC SOP entitled Community Complaints and/or Concerns,
seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
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K. Approve revised OBC SOP entitled Conducting Electronic Voting (E-Polls)
Sponsor: Lisa Summers, Secretary (00:56:30)
Motion by Kirby Metoxen to approve the revised OBC SOP entitled Conducting Electronic Voting (EPolls), seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
L. Approve OBC SOP entitled Constitutional Amendment by the Oneida Business
Committee; and direct the SOP be reviewed in one (1) year (00:57:10)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to approve the OBC SOP entitled Constitutional Amendment by the Oneida
Business Committee; and to direct the SOP be reviewed in one (1) year, seconded by Trish King. Motion
carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
M. Approve OBC SOP entitled Constitutional Amendments by Petition; and direct the SOP be
reviewed in one (1) year (00:57:36)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to approve the OBC SOP entitled Constitutional Amendments by Petition; and
to direct the SOP be reviewed in one (1) year, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
N. Enter E-Poll results into the record in accordance with OBC SOP Conducting Electronic
Voting: (1:02:04)
Sponsor: Lisa Summers, Secretary
a. Failed approval of memorandum to Oneida Nation employees regarding various
support for Enough is Enough initiative, due to insufficient responses
Motion by Lisa Summers to take this item from the table, seconded by Trish King. Motion carried
unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
Motion by Brandon Stevens to approve the of memorandum to Oneida Nation employees regarding
various support for Enough is Enough spiritual fire, seconded by Lisa Summers. Motion carried
unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
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X. TRAVEL
A. Travel Reports
1. Approve travel report – Treasurer Trish King – Federal Lobbyist and Oneida
Environmental Science and Construction (OESC) Corp. meetings – Milwaukee, WI –
October 19-20, 2017 (1:07:50)
Motion by Jennifer Webster to approve the travel report – Treasurer Trish King – Federal Lobbyist and
Oneida Environmental Science and Construction (OESC) Corp. meetings – Milwaukee, WI – October 1920, 2017, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
Motion by Lisa Summers to recess at 10:03 a.m. until 1:30 p.m., seconded by Brandon Steven s. Motion
carried unanimously: (1:32:40)
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
Meeting called to order by Chairman Tehassi Hill at 1:31 p.m.
Treasurer Trish King, Councilman Daniel Guzman King, Councilman David P. Jordan, and Councilwoman
Jennifer Webster not present.
XI. REPORTS
A. Operational Reports
Treasurer Trish King returns at 1:34 p.m.
1. Accept Retail Enterprises FY ’17 4th quarter report (1:33:38)
Sponsor:
Michele Doxtator, Area Manager/Retail Profits
th
Motion by Ernie Stevens III to accept the Retail Enterprises FY ’17 4 quarter report, seconded by Trish
King. Motion carried unanimously:
Ayes:
Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
Daniel Guzman King, David P. Jordan, Jennifer Webster
2. Accept Environmental Health & Safety Division FY ’17 4th quarter report (1:41:25)
Sponsor:
Patrick Pelky, Division Director/Environmental Health & Safety
th
Motion by Brandon Stevens to accept the Environmental Health & Safety Division FY ’17 4 quarter
report, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
Daniel Guzman King, David P. Jordan, Jennifer Webster
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3. Accept Division of Land Management FY ’17 4th quarter report (1:51:40)
Sponsor:
Patrick Pelky, Division Director/Land Management
th
Motion by Lisa Summers to accept the Division of Land Management FY ’17 4 quarter report, seconded
by Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
Daniel Guzman King, David P. Jordan, Jennifer Webster
4. Accept Comprehensive Housing Division FY ’17 4th quarter report (2:18:04)
Sponsor:
Dana McLester, Division Director/Comprehensive Housing
th
Motion by Brandon Stevens to accept the Comprehensive Housing Division FY ’17 4 quarter report,
seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
Daniel Guzman King, David P. Jordan, Jennifer Webster
Councilman Kirby Metoxen departs at 2:45 p.m.
Councilman Kirby Metoxen returns at 2:50 p.m.
5. Accept Human Resources Department FY ’17 4th quarter report (2:37:35)
Sponsor:
Geraldine Danforth, Area Manager/Human Resources
th
Motion by Lisa Summers to accept the Human Resources Department FY ’17 4 quarter report,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
Daniel Guzman King, David P. Jordan, Jennifer Webster
Secretary Lisa Summers departs at 2:56 p.m.
6. Accept Internal Services Division FY ’17 4th quarter report (2:57:12)
Sponsor:
Joanie Buckley, Division Director/Internal Services
th
Motion by Ernie Stevens III to accept the Internal Services Division FY ’17 4 quarter report, seconded by
Trish King. Motion carried unanimously:
Ayes:
Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III
Not Present:
Daniel Guzman King, David P. Jordan, Lisa Summers, Jennifer Webster
B. Unfinished Reports
1. Accept Land Commission FY ’17 4th quarter report (2:09:28)
Chair: Rae Skenandore
Liaison: Trish King, Treasurer
EXCERPT FROM OCTOBER 26, 2017: Motion by David P. Jordan to defer the Oneida Land
th
Commission FY ’17 4 quarter report to the November 8, 2017, regular Business Committee
meeting, seconded by Jennifer Webster. Motion carried unanimously.
th
Motion by Ernie Stevens III to accept the Land Commission FY ’17 4 quarter report, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
Daniel Guzman King, David P. Jordan, Jennifer Webster
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Motion by Trish King to request the Land Commission to start including updates regarding 75% of FY ’18
land acquisition funds going to residential land purchases, in their quarterly reports starting with the FY
st
’18 1 quarter report, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Trish King, Brandon Stevens, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
Daniel Guzman King, David P. Jordan, Jennifer Webster
XII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC
Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to
https://goo.gl/uLp2jE)
A. Petitioner Leah Sue Dodge – Law firm for GTC (1:08:55)
1. Accept legislative analysis progress report
Sponsor: David P. Jordan, Councilman; Legislative Operating Committee Chair
Motion by Lisa Summers to accept the legislative analysis progress report, seconded by Brandon
Stevens. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
B. Petitioner Gina Powless – Banishment Law resolution (1:10:04)
1. Accept legislative analysis progress report
Sponsor: David P. Jordan, Councilman; Legislative Operating Committee Chair
Motion by Lisa Summers to accept the legislative analysis progress report, seconded by Kirby Metoxen.
Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
C. Reschedule February 19, 2018, inclement weather date for 2018 Annual GTC meeting
Sponsor: Lisa Summers, Secretary (1:10:30)
Motion by Trish King to reschedule the February 19, 2018, inclement weather date for 2018 Annual GTC
meeting to Monday, February 12, 2018, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
D. Approve 2018 Annual GTC meeting agenda; and direct back-up meeting materials be
submitted by 4:30 p.m. on Friday, December 8, 2017, to the Tribal Secretary e-mail
Sponsor: Lisa Summers, Secretary (1:12:29)
Motion by Kirby Metoxen to approve the 2018 Annual GTC meeting agenda; and direct back-up meeting
materials be submitted by 4:30 p.m. on Friday, December 8, 2017, to the Tribal Secretary e-mail,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
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E. Schedule special GTC meeting on Saturday, February 24, 2018 (1:14:46)
Sponsor: David P. Jordan, Councilman; Legislative Operating Committee Chair
Motion by Kirby Metoxen to schedule a special GTC meeting on Saturday, February 24, 2018, seconded
by Lisa Summers. Seconder withdrew.
Motion by Kirby Metoxen to schedule a special GTC meeting on Saturday, February 24, 2018. Motion
fails due to lack of support.
Motion by Lisa Summers to table this item, seconded by Brandon Stevens. Motion carried with one
opposed:
Ayes:
Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster
Opposed:
Kirby Metoxen
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
For the record:
Councilwoman Jennifer Webster stated tabling it to give the opportunity
for LOC, Organizational Specialist, and the Tribal Secretary to come
back with an alternate schedule.
XIII. EXECUTIVE SESSION
A. Reports
1. Accept Retail Enterprises FY ’17 4th quarter report (1:28:18)
Sponsor:
Michele Doxtator, Area Manager/Retail Profits
th
Motion by Jennifer Webster to accept the Retail Enterprises FY ’17 4 quarter report, seconded by Lisa
Summers. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
2. Accept Chief Counsel report – Jo Anne House, Chief Counsel (1:28:44)
Motion by Lisa Summers to accept the Chief Counsel report dated November 7, 2017, as a verbal report,
seconded by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
a. Approve Ater Wynne LLP. second contract amendment – file #2015-0692 (1:29:07)
Motion by Lisa Summers to approve the Ater Wynne LLP. second contract amendment – file #2015-0692,
seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
B. Standing Items
1. Land Claims Strategy (No Requested Action)
Oneida Business Committee Regular Meeting Minutes DRAFT of November 8, 2017
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C. Unfinished Business
1. Defer follow-up regarding complaint # 2017-DR11-01 for thirty (30) days (1:29:30)
Sponsors: Brandon Stevens, Vice-Chairman; Jennifer Webster, Councilwoman
Motion by Lisa Summers to defer the follow-up regarding complaint # 2017-DR11-01 for thirty (30) days,
seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
EXCERPT FROM SEPTEMBER 13, 2017: Motion by Lisa Summers to defer the follow-up
regarding complaint # 2017-DR11-01 for thirty (30) days, seconded by Trish King. Motion
carried unanimously.
EXCERPT FROM AUGUST 9, 2017: Motion by David Jordan to assign OBC members
Brandon Stevens and Jennifer Webster for follow-up; and for this item to brought to the
September 13, 2017, regular Business Committee meeting, seconded by Trish King. Motion
carried unanimously.
EXCERPT FROM JULY 27, 2017: (Reconvened from July 26, 2017) Motion by Jennifer
Webster to direct Vice-Chairwoman Melinda J. Danforth to complete the follow-up on behalf
of the OBC Officers; and to direct that the report from Comprehensive Health be due at the
August 9, 2017, regular Business Committee meeting, seconded by David Jordan. Motion
carried unanimously.
EXCERPT FROM JULY 12, 2017: Motion by Motion by Jennifer Webster to defer this item to
the Oneida Business Committee Officers for follow up with the Comprehensive Health
Operations Division Director; and for a report to be brought back to the July 26, 2017, regular
Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously.
2. Accept close-out report regarding Language Department transition (Not Submitted)
Chair: Debra Danforth (1:29:49)
Liaison: Brandon Stevens, Vice-Chairman
Motion by Jennifer Webster for the Liaison to follow-up with the Oneida Nation School Board to get the
final report to be submitted for the November 22, 2017, regular Business Committee meeting, seconded
by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
EXCERPT FROM OCTOBER 25, 2017: Motion by David P. Jordan to defer this item to the
November 8, 2017, regular Business Committee meeting, seconded by Jennifer Webster.
Motion carried unanimously.
EXCERPT FROM AUGUST 9, 2017: Motion by Lisa Summers to adopt resolution #08-09-17D Transfer of Language Department to Oneida Nation School System, seconded by Tehassi
Hill. Motion carried unanimously.
3. Review job descriptions for Direct Reports # 03, 04, and 09 (1:30:34)
Sponsor: Jennifer Webster, Councilwoman
Motion by Lisa Summers to approve the job descriptions for the Direct Reports # 04 and # 09, with the
following changes: [To move the Master’s from preferred to minimum; and any licensures to be move
from minimum to preferred], seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
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Motion by Lisa Summers to defer the job description for Direct Report # 03 to the OBC Officers for followup with Jessica Wallenfang, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
EXCERPT FROM OCTOBER 25, 2017: Motion by Jennifer Webster to accept the report as
information; and to defer the job description to the November 8, 2017, regular Business
Committee meeting, seconded by Trish King. Motion carried with one abstention.
EXCERPT FROM SEPTEMBER 27, 2017: Motion by Lisa Summers for the Oneida Business
Committee sub-teams to provide an update on the transitions of the Public Works Division,
Land & Environment Division and Community & Economic Division and that the Direct
Reports for these areas be included for the discussion, noting that Councilwoman Jennifer
Webster’s Office will be in charge of coordinating the update, seconded by Trish King. Motion
carried unanimously.
D. New Business
1. Review complaint # 2017-DR01-01 and determine next steps (1:32:06)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to accept complaint # 2017-DR01-01 as having merit; and to assign the
complaint to the OBC Officers for follow-up, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, David P. Jordan, Ernie Stevens III
XIV. ADJOURN
Motion by Ernie Stevens III to adjourn at 3:11 p.m., seconded by Trish King. Motion carried
unanimously:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan, Lisa Summers, Ernie Stevens III
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on ___________.
____________________________
Lisa Summers, Tribal Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee Regular Meeting Minutes DRAFT of November 8, 2017
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
12 / 13 / 17
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 November 30, 2017, special meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. November 30, 2017, special meeting minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. 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
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DRAFT
Oneida Business Committee
Special Meeting
8:30 a.m., Thursday, November 30, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes - DRAFT
SPECIAL MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Councilman
David P. Jordan, Councilman Ernie Stevens III;
Not Present: Secretary Lisa Summers, Councilman Daniel Guzman King, Councilman Kirby Metoxen,
Councilwoman Jennifer Webster;
Arrived at: ;
Others present: Janice Skenandore-Hirth, Jessica Wallenfang, Heather Heuer, Rosa Laster, Lisa
Liggins, Jo Anne House, Rae Skenandore, Brooke Doxtator, Kathy Hughes, Kalene White, Melinda K.
Danforth, Patricia Moore, Paula Fish, Shannon King, Joe Poole;
I. CALL TO ORDER AND ROLL CALL by Chairman Tehassi Hill at 8:30 a.m.
For the record:
Secretary Lisa Summers is out of the office on personal time.
Councilman Kirby Metoxen is out of the office on approved travel to
attend the Carlisle Repatriation roundtable in Shakopee, MN.
Councilman Daniel Guzman King out of the office to attend O’cademy
training. Councilwoman Jennifer Webster is out of the office on approved
travel to attend the Parents as Teachers conference in Philadelphia, PA.
II. OPENING by Chairman Tehassi Hill
III. ADOPT THE AGENDA (00:04:00)
Motion by Trish King to adopt the agenda with the following changes: [Add-on Oath of Office – Oneida
Airport Hotel Corp. – Kathy Hughes; Add-on Open Session New Business item to reconsider a travel
request – three (3) Oneida Gaming Commissioners and four (4) staff to attend the Wisconsin Gaming
Regulators Association (WGRA) conference in Carter, WI from December 4-6, 2017; and Add-on
Executive Session item Approve limited waiver of sovereign immunity – Service Station Computer
Systems Inc. contract – file # 2017-1457], seconded by David P. Jordan. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
IV. OATHS OF OFFICE administered by Treasurer Trish King (00:05:08)
A. Oneida Election Board Alternates – Kalene White, Lori Elm (Not present), Melinda K.
Danforth, Patricia Moore, Paula Fish, Shannon King, Candace House (Not present)
B. Oneida Airport Hotel Corp. – Kathy Hughes (Add-on)
Oneida Business Committee Special Meeting Minutes - DRAFT of November 30, 2017
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V. STANDING COMMITTEES
A. Finance Committee (00:08:30)
Chair: Trish King, Treasurer
1. Approve six (6) Gaming Capital Expenditures:
a) Aristocrat – Twenty-four (24) games for a total of $485,592.00
Motion by David P. Jordan to approve the Gaming Capital Expenditure – Aristocrat – Twenty-four (24)
games for a total of $485,592.00, seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
b) Bally – Thirty (30) games for a total of $598,400.00
Motion by David P. Jordan to approve the Gaming Capital Expenditure – Bally – Thirty (30) games for a
total of $598,400.00, seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
c) Konami – Sixteen (16) games for a total of $257,612.36
Motion by Ernie Stevens III to approve the Gaming Capital Expenditure – Konami – Sixteen (16) games
for a total of $257,612.36, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
d) IGT – Twenty-two (22) purchased games & twenty (20) games at no-charge for a
total of $358,992.75
Motion by David P. Jordan to approve the Gaming Capital Expenditure – IGT – Twenty-two (22)
purchased games & twenty (20) games at no-charge for a total of $358,992.75, seconded by Ernie
Stevens III. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
e) Incredible Technologies – Six (6) purchased games & four (4) leased games for a
total $124,440.00
Motion by Ernie Stevens III to approve the Gaming Capital Expenditure – Incredible Technologies – Six
(6) purchased games & four (4) leased games for a total of $124,440.00, seconded by David P. Jordan.
Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
f) American Gaming Systems – Eighteen (18) games for a total of $309,500.00
Motion by David P. Jordan to approve the Gaming Capital Expenditure – Gaming Systems – Eighteen
(18) games for a total of $309,500.00, seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
For the record:
Treasurer Trish King stated on the cover memo of the request inside
the packet, item number 2 is missing which is item 1.A. on the
aristocrat. It is in the backup of the Finance Committee, but it’s not in
Oneida Business Committee Special Meeting Minutes - DRAFT of November 30, 2017
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DRAFT
the cover letter. So I just want to make sure that I understand that the
motion was to cover items 2-7 and 2 would have been aristocrat. It’s
just not listed on the memorandum.
VI. NEW BUSINESS
A. Approve revised OBC SOP entitled Selection of Family Court Judge (00:14:08)
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to approve the revised OBC SOP entitled Selection of Family Court Judge with
the following corrections: [(Clean copy) Revise “mock tribal” to “mock trial” in line 57; correct the
numbering under section 5.3; revise line 40 to read “three or more members of the Business Committee
who shall score”; and revise line 41 to read “one or more members of the Judiciary, to serve as subject
matter experts who shall not score”], seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
B. Approve posting Family Court Judge position (00:23:52)
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to approve posting the Family Court Judge position for fifteen (15) days; to
approve posting the vacancy on the Wisconsin State Bar website; and to complete a nationwide mailing,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
C. Reconsider approval of travel request – three (3) Oneida Gaming Commissioners and four
(4) staff – Wisconsin Gaming Regulators Association (WGRA) conference – Carter, WI –
December 4-6, 2017 (Add-on) (00:19:50)
Motion by David P. Jordan to reconsider the travel request, seconded by Ernie Stevens III. Motion
carried unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
Motion by David P. Jordan to approve the travel request – three (3) Oneida Gaming Commissioners and
four (4) staff – Wisconsin Gaming Regulators Association (WGRA) conference – Carter, WI – December
4-6, 2017, seconded by Trish King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
VII. EXECUTIVE SESSION
Motion by David P. Jordan to go into executive session at 8:49 a.m., seconded by Trish King. Motion
carried unanimously: (00:19:10)
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
Motion by David P. Jordan to come out of executive session at 9:17 a.m., seconded by Trish King.
Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
Oneida Business Committee Special Meeting Minutes - DRAFT of November 30, 2017
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DRAFT
B. New Business
1. Approve limited waiver of sovereign immunity – Conduent Healthcare Knowledge
Solutions Inc. agreement – file # 2017-1333 (00:21:32)
Sponsor: Debbie Danforth, Division Director/Comprehensive Health – Operations
Motion by Ernie Stevens III to approve the limited waiver of sovereign immunity – Conduent Healthcare
Knowledge Solutions Inc. agreement – file # 2017-1333, seconded by Trish King. Motion carried
unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
2. Review Family Court Judge job description; and determine next steps (00:22:00)
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to continue to use the currently approved job description for the Family Court
Judge, seconded by Trish King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
Motion by David P. Jordan to direct the Legislative Operating Committee to develop legislation to
integrate the Family Court into the Judiciary, seconded by Trish King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
3. Approve limited waiver of sovereign immunity – Service Station Computer Systems
Inc. contract – file # 2017-1457 (Add-on) (00:23:29)
Sponsor: Jo Anne House, Chief Counsel
Motion by David P. Jordan to approve the limited waiver of sovereign immunity – Service Station
Computer Systems Inc. contract – file # 2017-1457, seconded by Brandon Stevens. Motion carried
unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
VIII. ADJOURN
Motion by David P. Jordan to adjourn at 9:24 a.m., seconded by Trish King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on ___________.
____________________________
Lisa Summers, Tribal Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee Special Meeting Minutes - DRAFT of November 30, 2017
Page 4 of 4
Public Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
12 / 13 / 17
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:
Adoption of resolution entitled FY 2018-2020 Oneida Nation Tribal Transportation Improvement Plan (TTIP)
3. Supporting Materials
Report
Resolution
Contract
Other:
1. 2017-2020 TIP List
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Troy Parr, Asst. Division Director/Development
Primary Requestor/Submitter:
James Petitjean, Financial Analyst/Planner
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 45 of 534
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The BIA at the Midwest Region Branch of Roads estimates the Oneida Nation will receive $1,040,760 in FY18 as
part of the TIP updates for 2018-2020 and retained services agreement. The purpose to complete a TIP list is to
anticipate workload and timely complete transportation needs and requests.
FY2017 estimate is attached.
The BIA requires the completion of a resolution on an annual basis to distribute fair share estimates to Native
American Tribes in the Midwest. The Oneida Tribe currently owns 54 roads covering 12.54 miles.
Roadway evaluations is based on PASER and BIA rankings systems, drainage, estimated traffic volumes and
roadway classification. Costs are based off high level estimates of projects based on length and typical bid prices
that Oneida Nation has experienced over the last several years. A cost of inflation factor is included so that future
projects are adjusted accordingly.
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
Page 46 of 534
Oneida Nation
Post Office Box 365
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Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # Leave this line blank
FY 2018-2020 Oneida Nation Tribal Transportation Improvement Plan (TTIP)
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,
transportation plays an integral role in serving local infrastructure and community needs;
and
WHEREAS,
the Oneida General Tribal Council desires to provide adequate transportation facilities to
meet the needs of the residents of Oneida Nation; and
WHEREAS,
the Oneida General Tribal Council has worked to develop the 2018-2020 Oneida Nation
Tribal Transportation Improvement Plan, which we are using to request the Bureau of
Indian Affairs to incorporate into their Control Schedule Transportation Improvement Plan
as a required step to help us receive our “Tribal Shares” funding; and
WHEREAS,
the Oneida Business Committee agrees with the needs and priorities presented in the
2018-2020 Oneida Nation Tribal Transportation Improvement Plan; and
NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee supports and adopts the
2018-2020 Oneida Nation Tribal Transportation Improvement Plan for the projects listed in the attached
CSTIP forms that were developed between us and the BIA for Tribal Shares funding along with
corresponding TTP retained services agreement (RSA).
Public Packet
Name of
Tribe
Page 47 of 534
Current Year Annual
Transportation Allocation
ONEIDA NATION
$
1,037,816
Tribal Transportation Improvement Plan
Priority
1
BIA
Route #
1067
Section
10
Project
Length
0.1
Road Name
Year of
Constr
2017
Location (Start and End Points)
Description of Work
Aliskwit Court
All Planning, Prelim Eng., Arch, Env, ROW
Activities will be included as TOTAL PE
costs per Project
Estimated Cost
Who/How Work Done
Construction
Estimated Cost
Who/How
Work Done
Construction Engineering
Estimated Cost
Who/How
Work Done
Other
Total
Estimated Cost
Estimated Cost
$
10,000
Tribe
$
30,000
Tribe
$
2,800
Tribe
$
42,800
$
25,000
Tribe
$
300,000
Tribe
$
25,000
Tribe
$
350,000
$
10,000
Tribe
$
40,000
Tribe
$
5,800
Tribe
$
55,800
$
15,000
Tribe
$
72,100
Tribe
$
10,000
Tribe
$
97,100
$
7,500
Tribe
$
46,500
Tribe
$
7,500
Tribe
$
61,500
$
10,000
Tribe
$
234,616
Tribe
$
10,000
Tribe
Pulverize and Relay, minor drainage improvements
2
5038
NA
2
2017
Ranch Road
Reclaim existing road surface, new bituminous surface
3
1033
10
0.5
2017
Red Willow Parkway
Mill and Overlay
4
1041
10
0.3
2017
Skylark Drive
Pulverize and Relay
5
1043
10
0.1
2017
Metoxen Rd
Reclaim existing road surface, new bituminous surface
6
5041
810
1.7
2017
Town Rd
$
-
$
254,616
$
91,000 $
91,000
Central Oneida - Pedestrian Infrastructure
$
50,000 $
50,000
Transportation Planning
$
35,000 $
35,000
$
1,037,816
Pulverize and Relay, Minor Drainage Improvements
7
NA
NA
NA
2017
TTP Road Maintenance
Crack Seal, patching for various roadways including Path Bear/Wolf
8
NA
NA
NA
2017
9
NA
NA
NA
2017
(TTP Funds for Planning)
FY17 Totals
Public Packet
Priority
1
BIA
Route #
5036
Section
810
Project
Length
0.3
Page 48 of 534
Road Name
Year of
Constr
2018
Location (Start and End Points)
Description of Work
Maple Leaf Road Extension
All Planning, Prelim Eng., Arch, Env, ROW
Activities will be included as TOTAL PE
costs per Project
Estimated Cost
Who/How Work Done
Construction
Estimated Cost
Who/How
Work Done
Construction Engineering
Estimated Cost
Who/How
Work Done
Other
Total
Estimated Cost
Estimated Cost
$
25,000
Tribe
$
300,000
Tribe
$
25,000
Tribe
$
350,000
$
-
Tribe
$
118,000
Tribe
$
2,760
Tribe
$
120,760
$
25,000
Tribe
$
100,000
Tribe
$
10,000
Tribe
$
135,000
$
25,000
Tribe
$
150,000
Tribe
$
25,000
Tribe
$
200,000
$
35,000 $
35,000
New Bituminous surface, curb and gutter
2
1059
10
0.5
2018
Takwatekha Court
Reclaim existing road surface, new bituminous surface
3
1309
10
0.6
2018
Poplar Road
Reclaim existing road surface, new bituminous surface
4
NA
NA
NA
2018
Oneida Trail projects
Construction of new bituminous surface pedestrian trail projects
5
NA
NA
NA
2018
TTP Transportation Planning
(TTP Safety, Planning and Inventory work)
6
NA
NA
NA
2018
Red Willow Parkway/Water Circle Place
$
25,000
Tribe
$
50,000
Tribe
$
25,000
Tribe
$
-
$
100,000
$
25,000
Tribe
$
50,000
Tribe
$
25,000
Tribe
$
-
$
100,000
$
1,040,760
Reclaim Existing road surface, new bituminous surface
7
NA
NA
NA
2018
Central Oneida - Pedestrain Infrastructure
Streetscape
FY18 Total
Public Packet
Priority
1
BIA
Route #
1311
Section
10
Project
Length
0.3
Page 49 of 534
Road Name
Year of
Constr
2019
Location (Start and End Points)
Description of Work
Uskah Village - Peter Hill Lane Extension
All Planning, Prelim Eng., Arch, Env, ROW
Activities will be included as TOTAL PE
costs per Project
Estimated Cost
Who/How Work Done
Construction
Estimated Cost
Who/How
Work Done
Construction Engineering
Estimated Cost
Who/How
Work Done
Total
Other
Estimated Cost
Estimated Cost
$
25,000
Tribe
$
104,500
Tribe
$
25,000
Tribe
$
154,500
$
50,000
Tribe
$
300,000
Tribe
$
50,000
Tribe
$
400,000
$
30,000
Tribe
$
300,000
Tribe
$
10,000
Tribe
$
340,000
$
10,000
Tribe
$
30,000
$
10,000
Reclaim existing road surface, new bituminous surface
2
5034
810
0.1
2019
Old Seymour Road
Bridge/Drainage Structure Replacement
3
1307
20
0.22
2019
Culbertson Road
Bridge/Drainage Structure Replacement
4
NA
NA
NA
2019
Oneida Trail projects
$
-
$
50,000
$
35,000 $
35,000
$
61,260 $
61,260
$
1,040,760
Construction of new bituminous surface pedestrian trail projects
5
NA
NA
NA
2019
TTP Transportation Planning
(TTP Safety, Planning and Inventory work)
6
NA
NA
NA
2019
TTP Road Maintenance
(TTP Construction Funds for TTP Road Maintenance)
FY19 Total
Public Packet
Priority
BIA
Route #
1
5022
Section
810
Project
Length
1.2
Page 50 of 534
Road Name
Year of
Constr
2020
Location (Start and End Points)
Description of Work
Seminary Road - Ranch to CTH E
All Planning, Prelim Eng., Arch, Env, ROW
Activities will be included as TOTAL PE
costs per Project
Estimated Cost
Who/How Work Done
Construction
Estimated Cost
Who/How
Work Done
Construction Engineering
Estimated Cost
Who/How
Work Done
Other
Total
Estimated Cost
Estimated Cost
$
50,000
Tribe
$
505,760
Tribe
$
50,000
Tribe
$
605,760
$
10,000
Tribe
$
230,000
Tribe
$
10,000
Tribe
$
250,000
$
35,000 $
35,000
$
150,000 $
150,000
$
1,040,760
Realignment
2
NA
NA
NA
2020
Oneida Trail projects
Construction of new bituminous surface pedestrian trail projects
3
NA
NA
NA
2020
TTP Transportation Planning
(TTP Safety, Planning and Inventory work)
4
NA
NA
NA
2020
TTP Road Maintenance
(TTP Construction Funds for TTP Road Maintenance)
FY20 Total
Project Information:
Who/How Work Done: Possible Choices
BIA Route #
List all routes that will be worked on.
Section
List only those sections that will be worked on along with corresponding length
Location
List start and end points of where work will be performed (road names, rivers, end, etc.)
Description
of Work
List as much detail as you can including existing road type and work to be performed
Estimated Cost:
Provide dollar amounts that you estimate will be required for each project/phase
utilizing new funds from that year only. Prior year money obligated to contract
should not be listed here.
BIA
BIA will perform direct service (DS) work for the Tribe as outlined in a Retained Service Agreement (RSA)
as approved/signed by the Tribe and BIA.
(Self Determination, G2G, and Self Gov Tribes can all elect to receive these services)
638
Self Determination Tribe will enter into a P638 contract with the BIA and either perform work with
in-house staff or subcontract work out to consultant/contractor.
Coop
Tribe can receive funding through a P638 contract, G2G, or Self Gov Agreement. Tribe will then
enter into a 2-party (Coop) agreement with County, State, Township etc. who will usually serve as
the lead agency for the project.
Tribe
Tribe administers program/project through a Self Governance or G2G Agreement.
Public Packet
Page 51 of 534
Susan White, Trust Enrollment Director
Public Packet
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Public Packet
Page 53 of 534
Oneida Nation
Post Office Box 365
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Phone: (920)869-2214
Oneida, WI 54155
BC Resolution #
Office of Special Trustee – Sign Off Authority
WHEREAS,
the Oneida Nation (formerly known as the Oneida Tribe of Indians of Wisconsin) is a
federally recognized government and Treaty Tribe recognized by the law of the
United States; 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 I of the Oneida Constitution by the Oneida General Tribal Council, and
WHEREAS,
the Office of Special Trustee for American Indians has requested the Tribe to
determine who is officially authorized to instruct Office of Trust Funds Management to
disburse funds and to make investments for the Tribe, and
WHEREAS,
the Office of Special Trustee requested the authorized officials to be approved by
Tribal Resolution; and
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee approves the following officials
to instruct the Office of Trust Funds Management to disburse funds and to make investments for the
Tribe:
The following individuals are recognized by Tribal Resolution to conduct Business with the Office
of Trust Funds Management.
Tribal officials Authorized to Receive Oneida Trust Fund Information:
Name (Print)
Signature
Title
Election Date
Term
Tehassi Hill
Tribal Chairman
July 2017
3 yrs
Brandon
Yellowbird-Stevens
Tribal ViceChairman
July 2017
3 yrs
Lisa Summers
Tribal Secretary
July 2017
3 yrs
Patricia King
Tribal Treasurer
July 2017
3 yrs
Barbara “Bobbi”
Webster
Trust Enrollment
Chairwoman
July 2017
3 yrs
Dylan Benton
Trust Enrollment
Vice-Chairman
July 2016
3 yrs
Public Packet
Page 54 of 534
BC Resolution _____________
Office of Special Trustee – Sign Off Authority
Page 2 of 2
Trust Enrollment
Secretary
Carole Liggins
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35
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July 2015
3 yrs
Title
Election Date
Term
Barbara “Bobbi”
Webster
Trust Enrollment
Chairwoman
July 2017
3 yrs
Susan White
Trust Enrollment
Director
N/A
N/A
Patrick Danforth
Financial Analyst
N/A
N/A
Tribal Officials Authorized to Provide Investment Instructions:
Name (Print)
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Tribal Officials Authorized to Initiate Disbursements (one from the Business Committee and one
from the Trust Enrollment Committee required):
Name (Print)
41
Signature
Signature
Title
Election Date
Term
Tehassi Hill
Tribal Chairman
July 2017
3 yrs
Brandon
Yellowbird-Stevens
Tribal ViceChairman
July 2017
3 yrs
Lisa Summers
Tribal Secretary
July 2017
3 yrs
Patricia King
Tribal Treasurer
July 2017
3 yrs
Barbara “Bobbi”
Webster
Trust Enrollment
Chairwoman
July 2017
3 yrs
Susan White
Trust Enrollment
Director
N/A
N/A
Patrick Danforth
Financial Analyst
N/A
N/A
Public Packet
Page 55 of 534
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Office of Special Trustee – Sign Off Authority
Summary
This Resolution identifies officials who are granted the authority to instruct the Office of Trust
Funds Management to disburse funds and to make investments for the Nation.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: November 20, 2017
Analysis by the Legislative Reference Office
This Resolution states that the Office of Special Trustee for American Indians has requested the
Nation to determine who is officially authorized to instruct Office of Trust Funds Management to
disburse funds and to make investments for the Nation. The Resolution then goes on to approve
officials for the authorization to instruct the Office of Trust Funds Management to disburse funds
and to make investments for the Nation, and determines which officials are authorized to receive
Oneida Trust Fund Information, to provide investment instructions, and initiate disbursements.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
Page 1 of 1
Public Packet
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Public Packet
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Page 58 of 534
Regular Trust Enrollment Committee Minutes
28 November 2017
Page 4 of 5
B. Renewal of the Lakota Loan Fund – Patrick Danforth
Debra Powless motioned to table the item. Seconded Dylan Benton. Elaine SkenandoreCornelius and Carole Liggins opposed. The motion failed due to lack of support.
Debra Powless stated for the record that she believed there was time to meet her e-mail
request on November 24, 2017 for a report on Lakota Loan Fund’s financial history and the
businesses they loan to because Lakota Loan Fund was on the agenda.
Carole Liggins motioned to accept the update as information and for more information be
provided at the next meeting. Seconded Elaine Skenandore-Cornelius. Motion carried
unanimously.
C. Enrollment Membership – Cheryl Skolaski
9-28-17 Motion to approve report. 10-24-17 Concerns of DOLM’s customer service with the cemetery. Motion to approve update.
11-28-17 – Status Update
Elaine Skenandore-Cornelius motioned to accept the update. Seconded Carole Liggins.
Motion carried unanimously.
D. Office of Special Trustee Sign-Off Authority – Needs Approval
Norbert Hill Jr. motioned to approve the draft BC Resolution “Office of Special Trustee-Sign
Off Authority” Seconded Elaine Skenandore-Cornelius. Motion carried unanimously.
E. OBC-OTEC MOA – Needs Approval
Attorney Robert Collins noted a revision on Page 2, 5th Whereas to remove “Section VII of”,
and on Page 4, 6th Whereas to change “Judicial System” with “Judiciary”.
Elaine Skenandore-Cornelius motioned to approve the OBC-OTEC MOA with noted
changes. Seconded Norbert Hill Jr. Motion carried unanimously.
F. Travel Report - SRI Conference – Susan White & Carole Liggins
Carole Liggins recommended the next Annual SRI Conference be budgeted for two Trust
Enrollment Committee Members and the Trust Enrollment Director to attend.
Elaine Skenandore-Cornelius motioned to approve the travel report. Seconded Dylan Benton.
Motion carried unanimously.
G. December’s Calendar – Needs Approval
Bobbi Webster noted that if the BC does not meet quorum for the 4th Quarterly Joint OTECOBC Meeting, then the Regular Trust Enrollment Committee will begin at 3pm.
Carole Liggins motioned to approve December’s Calendar. Seconded Norbert Hill Jr. Motion
carried unanimously.
VIII.
Other Business
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Page 61 of 534
MEMORANDUM
TO:
ONEIDA BUSINESS COMMITTEE
CC:
FINANCE COMMITTEE
FR:
PATRICIA KING, TREASURER
DT:
DECEMBER 4, 2017
RE:
APPROVAL OF THE ACHESON ENDOWMENT
The Finance Committee has been working over the past year on the creation of the
Acheson Endowment in Accordance with the Endowments Law. The Finance Committee
at their November 13, 2017 meeting made the following motion:
“Motion by Jennifer Webster to adopt the Acheson Endowment Resolution with the
discussed changes to the final resolved section and forward to the Oneida Business
Committee. Seconded by Daniel Guzman King. Motion carried unanimously.”
The Finance Committee then asked me to send a clean corrected copy to the Business
Committee for your review and approval. Also attached for your reference is the
Statement of Effect as it pertains to this resolution. Thank You.
Public Packet
Page 62 of 534
Oneida Nation
Post Office Box 365
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Phone: (920)869-2214
Oneida, WI 54155
Resolution # BC-______________
Creation of Acheson Education Endowment in Accordance with the Endowments Law
WHEREAS,
the Oneida General Tribal Council is the duly recognized governing body of the Oneida
Nation, and
WHEREAS,
the General Tribal Council has been delegated the authority of Article IV, Section I of the
Constitution of the Oneida Nation, and
WHEREAS,
the Oneida Business Committee may be delegated duties and responsibilities by the
Oneida General Tribal Council and is at all times subject to the review powers of the
Oneida General Tribal Council, and
WHEREAS,
WHEREAS,
WHEREAS,
Endowments Law
the Oneida Business Committee adopted the Endowments law in February 2005 by
resolution # BC-02-23-05-G which sets forth how endowments are created and managed
endowment fund accounts which “are intended as a perpetual source of funding for
specific purposes[, and] endowment fund accounts could be used to provide funding for
areas such as health, education and support for Tribal members for burial and housing”
Whereas # 6 and 7; and
the Trust Enrollment Committee, which has been delegated by the General Tribal Council
to manage the trust funds of the Tribe and has been given specific responsibilities under
tribal laws such as the Per Capita law and the Endowments law, has identified that it is
now time to begin formally creating the endowments under the Endowments law and as
has been previously directed by General Tribal Council by actions such as resolution #
GTC-06-30-90-A and addendum; and
Floyd Acheson Bequest
in 1980 Floyd Acheson bequeathed his estate to the “Floyd Acheson Oneida Indian
Foundation;” and
WHEREAS,
the will was contested and all parties settled with the Oneida Nation receiving
approximately $155,000 in mortgage notes; and
WHEREAS,
Floyd Acheson desired the funds to be used for “loans and scholarships for enrolled
Oneida Indians and the general welfare and benefit of the Oneida Tribe of Indians of
Wisconsin, Inc.” Oneida Business Committee minutes, July 3, 1980, p. 3; and
WHEREAS,
the Oneida Business Committee had authorized some uses of the funds in the
intervening years and investment of the funds such that there is now approximately $1.05
million in current principle; and
WHEREAS,
Education and Scholarships
the Oneida Nation has committed to education as a method of creating long term
improvements for individuals, families and the community; and
Finance Committee –Final – November 13, 2017
Public Packet
Page 63 of 534
BC Resolution _____________
Creation of Acheson Education Endowment in Accordance with the Endowments Law
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WHEREAS,
the General Tribal Council had directed the development of an independent k-12 school
system which is currently in place and operations exceed current standards for Bureau of
Indian Education school systems with greater numbers of students graduating and
attending higher education schools; and
WHEREAS,
the General Tribal Council has created the Oneida Higher Education Scholarship which
provides non-needs based scholarships for members attending secondary and graduate
level schools; and
WHEREAS,
the Higher Education Department has created programs to assist members in obtaining
technical certificates and degrees; and
WHEREAS,
the Higher Education Department has identified that more members in high school are
taking advance placement and college level courses who are not eligible for the Oneida
Higher Education Scholarship or the departmental program but who require financial
assistance to offset the costs of advanced placement and college level courses; and
WHEREAS,
Purpose of Acheson Education Fund
the Education and Training Department has requested the development of an
endowment utilizing the Floyd Acheson bequest for the purposes of assisting members in
creating opportunities in the vocational and trades area of study; and
WHEREAS,
the Treasurer has identified a need to assist high school students in paying for advanced
placement and college level courses while in high school; and
WHEREAS,
the Oneida Business Committee has determined that long term strategic stewardship of
the funds would allow all educational goals of the Nation to be met; and
WHEREAS,
the Oneida Business Committee has recommended that the Acheson Education
Endowment be created to fund educational opportunities beginning with funding
educational opportunities for high school juniors and seniors pursuing vocation and trade
careers, and high school juniors and seniors pursuing advanced placement and college
level courses for high school students, assisting with expenses related to professional
exams and licensing, funding higher education scholarships and eventually all education
needs; and
WHEREAS,
Creating Endowments
the Endowments law directs that the Oneida Business Committee shall approve or
disapprove an endowment recommendation made by the Finance Committee (131.41(a)): and
WHEREAS,
the Oneida Business Committee believes that the funds set aside for the creation of an
education trust from the Acheson bequest should be formally developed into an
endowment and that additional funds should be identified for allocation to that fund; and
WHEREAS,
the Endowments law identifies that “the establishment of endowment fund accounts from
private donors shall take no more than 120 calendar days from the date of notification
from the Finance Committee of the donation received for the purpose of establishing an
endowment fund account. These endowment fund accounts shall be exempt from the
community meeting requirements” (131.5-1(b)); and
Public Packet
Page 64 of 534
BC Resolution _____________
Creation of Acheson Education Endowment in Accordance with the Endowments Law
Page 3 of 5
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WHEREAS,
the Finance Committee, at a meeting on November 13, 2017, adopted a motion
recommending the creation of the Acheson Education Endowment 1; and
Endowment Created
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee does hereby establish, in
accordance with section 131.4-1(a) of the Endowments law, the Acheson Education Endowment, and
directs that such funds held and invested from the Floyd Acheson bequest, approximately $1.05 million,
be placed in the Acheson Education Endowment.
Purpose of Endowment
BE IT FURTHER RESOLVED, the Oneida Business Committee does hereby further direct that the
Acheson Education Endowment shall be used for the purposes of creating programs and activities which
shall support –
• Priority 1: 2 costs associated with vocational and technical trades for adult members, and
advanced placement and college level courses for members who are high school students
outside of the Oneida Nation School System; 3 and
• Priority 2: upon generating sufficient income to pay for Priority 1 expenses, excess disbursements
shall be allocated for costs associated with professional exams and licensing; and
• Priority 3: upon generating sufficient income to fund Priority 1 and Priority 2 expenses, excess
disbursements shall be allocated to fund the higher education scholarship program; and
• Priority 4: upon generating sufficient income to fund Priority 1, Priority 2, and Priority 3 expenses,
excess disbursements shall be allocated to fund expenses related to all educational needs.
The Trust Enrollment Committee, in accordance with sections 131.6 and section 131.8-1 of the
Endowments law, shall develop the appropriate Standard Operating Procedures and necessary
endowment documentation to fully implement the investment goals to fund the priorities set forth in this
resolution.
Disbursements of Endowment Income
BE IT FURTHER RESOLVED, the Oneida Business Committee directs that no disbursements from the
Acheson Education Endowment shall be made until Fiscal Year 2028 at which point disbursements will
be made at 50% 4 of the interest income as calculated according to section 131.8-2 of the Endowment
Law. This disbursement level may be increased up to 75% or decreased down to 0% by a two-thirds vote
of the total number of members of the Finance Committee and a subsequent two-thirds vote of the total
number of members of the Oneida Business Committee.
BE IT FURTHER RESOLVED, the Chief Financial Officer may approve more specific Standard Operating
Procedures to implement the general rules outlined in this Resolve.
1. Programs shall forward a list of adopted rules and the priority addressed to the Treasurer and
Chief Financial Officer on or before November 1st of each year.
2. On or before January 31st of each year the Trust Enrollment Department shall forward to the
Treasurer and Chief Financial Officer an estimated disbursement from the endowment.
3. The Treasurer and Chief Financial Officer shall notify programs which have rules adopted under
the Administrative Rulemaking law in accordance with the purpose of the Acheson Education
Endowment Fund of the availability of funds.
4. Programs with adopted rules under the Administrative Rulemaking law shall cooperatively identify
how such funds shall be allocated within the proposed budget and forward the allocation
determinations to the Chief Financial Officer on or before February 28th of each year. Failure to
1
Motion by Jennifer Webster to adopt the Acheson Endowment Resolution with the discussed changes to the final resolved section
and forward to the Oneida Business Committee. Seconded by Daniel Guzman King. Motion carried unanimously.
2
Assuming this need is $150,000.00, this priority would be reached (using a 5% return and 50% disbursement, and no additional
contributions). If the tribal contribution is $100,000.00 with a 5% return, this becomes year 32, at 6% return it becomes year 25.
3
It has been identified by the Oneida Nation School System that students in their schools are already fully covered for these
expenses.
4
This can be increased up to 75% which increases disbursement but slows growth.
Public Packet
Page 65 of 534
BC Resolution _____________
Creation of Acheson Education Endowment in Accordance with the Endowments Law
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submit a cooperatively developed allocation by the deadline shall result in the funds being
returned to the endowment as principle.
5. The Trust Enrollment Department shall provide an update on the estimated disbursement on or
before July 1st of each year to the Treasurer and Chief Financial Officer, who shall notify
programs with adopted rules under the Administrative Rulemaking law of the updated estimated
disbursement amount. Excess over the initial disbursement estimate shall be returned to the
endowment as principle, shortages under the initial disbursement estimate shall require all
programs utilizing the funds to collaboratively determine how expenses shall be reduced. No
additional tribal contribution shall be made. Failure to submit a cooperatively developed reduced
allocation by July 30th shall result in the funds being returned to the endowment as principle.
6. The Trust Enrollment Department shall make the authorized disbursement to the Nation’s
banking account(s) as identified by the Chief Financial Officer during the month of October.
7. Funds disbursed from an endowment shall not displace tribal contribution from the Nation’s
general fund until such time as the fund disbursements reach Priority #3. Provided that,
reductions to programs based on budgeting processes shall not be prohibited.
BE IT FURTHER RESOLVED, that rules developed by programs shall specifically identify this resolution
number, title of the resolution, and the specific priority being addressed by the rule.
BE IT FURTHER RESOLVED, that endowment disbursements under Rules cannot be allocated to costs
associated with program delivery or personnel until Priority 4.
BE IT FURTHER RESOLVED, that in any year in which there are no programming rules approved under
the Administrative Rulemaking law or in which there are insufficient specific requests based on existing
programming rules approved under the Administrative Rulemaking law, or the program fails to fully utilize
the funds for the purpose for which the funds were disbursed in the fiscal year the funds were disbursed,
excess funds shall be returned to the endowment as principle.
Endowment Reporting
BE IT FURTHER RESOLVED, that the Trust Enrollment Committee shall report to the General Tribal
Council, in the Annual meeting materials, the status of the endowment with the following minimum
information.
1. Principle. Current principle and history of the growth of the principle in reasonable increments
from the establishment of the endowment.
2. Investment Income. Current investment income and history of investment income in reasonable
increments from the establishment of the endowment.
3. Disbursements. Current disbursement and history of disbursement in reasonable increments from
the establishment of the endowment.
4. Future/Trends. Projects of estimated future growth of the principle and investment income in
reasonable increments for a minimum of 20 years.
5. Investment policy. The investment policy and types of investments made regarding the
endowment.
BE IT FURTHER RESOLVED, that the Trust Enrollment Committee shall maintain a history of the original
allocation and additions to the principle with the pro rata share of gain/loss allocated to each original
principle allocation for historical tracking. The original principle allocation shall be labeled Acheson
bequest and any additional tribal contribution made shall be reported as a separate principle allocation
titled Acheson Education Endowment - Tribal Contribution funds.
BE IT FURTHER RESOLVED, that the Treasurer shall include in the Annual Report a list of endowments
and how disbursements were allocated in the budget, including a list of Rules regarding the use of the
funds.
BE IT FURTHER RESOLVED, that the any program which utilizes Acheson Education Endowment
Funds shall include in the quarterly reports to the Oneida Business Committee and the Annual Report a
Public Packet
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BC Resolution _____________
Creation of Acheson Education Endowment in Accordance with the Endowments Law
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list of Rules regarding the use of the funds, the amount of endowment funding allocated, and
disbursements made during the reporting period for quarterly reports and an aggregate reporting in the
Annual Report.
Funding Endowment
BE IT FINALLY RESOLVED, that the Oneida Business Committee directs the Treasurer to budget at
least $100,000.00 each fiscal year to the Acheson Education Endowment for a minimum of 10 years. At
the end of 10 years, the Finance Committee shall review the fund to determine whether additional
contributions are necessary to help reach the long-term goals for education.
Public Packet
Page 67 of 534
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Creation of Acheson Education Endowment in Accordance with the Endowments Law
Summary
This Resolution creates the Acheson Education Endowment in accordance with the Endowments
law.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: December 4, 2017
Analysis by the Legislative Reference Office
This Resolution creates the Acheson Education Endowment in accordance with the Endowments
law. Floyd Acheson bequeathed his estate to the “Floyd Acheson Oneida Indian Foundation”
with the desire for the funds to be used for loans and scholarships for enrolled members of the
Oneida Nation and the general welfare and benefit of the Oneida Nation. The Nation received
approximately one hundred and fifty five thousand ($155,000) dollars in mortgage notes, and the
fund has grown to approximately one million and fifty thousand ($1,050,000) dollars in current
principle.
The Oneida Business Committee has recommended that funds set aside for the creation of an
education trust from the Acheson bequest should be formally developed into the Acheson
Education Endowment to fund educational opportunities, and that additional funds should be
identified for allocation to the Acheson Education Endowment. The Endowments law charges
the Oneida Finance Committee with establishing all endowment fund accounts, with final
approval from the Oneida Business Committee. [see Endowments law section 131.5-1 and
131.4-1(a)]. The Oneida Finance Committee has recommended the creation of the Acheson
Education Endowment, and with the adoption of this Resolution the Oneida Business Committee
approves the establishment of the Acheson Education Endowment.
The Endowments law allows a resolution creating an endowment to delegate rulemaking
authority to create and enact a set of rules establishing requirements in accordance with the
Administrative Rulemaking law, as authorized by the Endowments law, in order to implement,
interpret and/or enforce the Endowments law. [see Endowments law section 131.11-1]. The
delegation of rulemaking authority through this Resolution creating the Acheson Education
Endowment allows programs which have adopted rules under the Administrative Rulemaking
law in accordance with the purpose of the Acheson Education Endowment Fund to have the
opportunity to access funding derived from the Acheson Education Endowment investments.
This Resolution discusses the purpose and priorities of the endowment, the disbursement of
endowment income, requirements for rules developed for the endowment, endowment reporting
and funding the endowment.
Page 1 of 2
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Page 68 of 534
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
Page 2 of 2
Public Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
12
/ 13
/ 17
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:
-Consider Landlord-Tenant Amendments for adoption
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Adoption Packet
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 Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Unbudgeted
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155‐0365
Oneida‐nsn.gov
TO:
FROM:
DATE:
RE:
Oneida Business Committee
David P. Jordan, LOC Chairperson
December 13, 2017
Landlord-Tenant Law Amendments
Please find the following attached backup documentation for your consideration of the LandlordTenant law:
1. Resolution: Landlord-Tenant (Law) Amendments
2. Statement of Effect: Landlord-Tenant (Law) Amendments
3. Landlord-Tenant (Law) Amendments Fiscal Impact Statement
4. Landlord-Tenant (Law) Amendments Legislative Analysis
5. Landlord-Tenant (Law) Amendments Redline to Current Draft
6. Landlord-Tenant (Law) Amendments Clean Draft
Overview
This resolution adopts amendments to the Landlord-Tenant law which:
Include rent-to-own agreements in the definition of rental agreements by allowing them
to extend beyond 1 year terms when entered on a rent-to-own basis [see 611.3-1(e)];
Include additional limitations on minimum rental eligibility requirements for the incomebased rental program which do not allow consideration of prior evictions from landlords
outside the Nation or debt owed except for past due utility debts in excess of $200; and
Amend the provisions related to what process should be followed when a tenant passes
away, both when there are no other household members and when the tenant leaves
behind household members that have a continuing housing need.
Amend the definition of Comprehensive Housing Division in accordance with resolution
BC-09-27-17-H.
In accordance with the Legislative Procedures Act, a public meeting was held regarding this law
on June 5, 2017 with a comment period closing on June 12, 2017. Those comments were
considered by the Legislative Operating Committee (LOC) at a June 15, 2017 LOC work
meeting and were thereafter formally accepted on the record at the June 21, 2017 LOC meeting.
An additional public meeting was held on October 19, 2017 with a comment period closing on
October 26, 2017. There were no comments, oral or written, submitted for the second public
meeting. This Law will become effective ten business days after the date of adoption of the
resolution as identified in section 109.9-3 of the Legislative Procedures Act. The anticipated
effective date will be Monday, December 23, 2017.
Requested Action
Approve the Resolution: Landlord-Tenant (Law) Amendments
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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
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WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;
and
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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
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WHEREAS, the Oneida Business Committee originally adopted the Landlord-Tenant law
through resolution BC-10-12-16-C; and
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WHEREAS, following adoption, the Oneida Business Committee adopted emergency
amendments to the Landlord-Tenant law through resolution BC-01-25-17-C and
extended those emergency amendments through resolution BC-07-26-17-I which
revised the definition of rental agreement to include the rent-to-own agreements
currently offered through the Oneida Housing Authority which may last longer
than one (1) year; and
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WHEREAS, as part of the process required by the Legislative Procedures Act to make such
emergency amendments effective on a permanent basis, it was determined that
additional amendments were necessary to:
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BC Resolution _____________
Landlord-Tenant (Law) Amendments
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Include additional limitations on minimum rental eligibility
requirements for the income-based rental program which do not allow
consideration of prior evictions from landlords outside the Nation or
debt owed except for past due utility debts in excess of $200; and
Amend the provisions related what process should be followed when a
tenant passes away, both when there are no other household members
and when the tenant leaves behind household members that have a
continuing housing need.
Amend the definition of Comprehensive Housing Division in
accordance with resolution BC-09-27-17-H.
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WHEREAS, a public meeting on the proposed Amendments was held on October 19, 2017 in
accordance with the Legislative Procedures Act; and
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NOW THEREFORE BE IT RESOLVED, that the amendments to the Landlord-Tenant law
are hereby adopted and shall become effective on December 23, 2017 in accordance with the
Legislative Procedures Act.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155‐0365
Oneida‐nsn.gov
Statement of Effect
Landlord-Tenant (Law) Amendments
Summary
This Resolution adopts Amendments to the Landlord-Tenant Law (the “Law”) which
permanently adopt prior emergency amendments which included the Oneida Housing
Authority’s (OHA’s) rent-to-own program in the definition of rental agreement and also include
the following two other revisions to:
1) Include additional limitations on minimum rental eligibility requirements for the incomebased rental program which do not allow consideration of prior evictions from landlords
outside the Nation or debt owed except for past due utility debts in excess of $200; and
2) Amend the provisions related what process should be followed when a tenant passes
away, both when there are no other household members and when the tenant leaves
behind household members that have a continuing housing need.
Submitted by: Krystal L. John, Staff Attorney, Oneida Law Office
Analysis by the Legislative Reference Office
This Law was originally adopted by Resolution BC-10-12-16-C. Thereafter, emergency
amendments were adopted to include the income based rental program’s rent-to-own program
within the Law’s definition of rental agreement. The emergency amendments were necessary
because as written the Law applied to rental agreements that are defined as, “a written contract
between a landlord and a tenant, whereby the tenant is granted the right to use or occupy the
premises for a residential purpose for one (1) year or less.” The rental agreements in the Law
were limited to one (1) year terms to fortify the policy requiring annual renewals of rental
agreements and to avoid month-to-month tenancies.
After the adoption of the Law it was discovered that income-based rental program’s rent-to-own
program does not fall into the definition of rental agreements provided in the Law because the
rental agreement for the rent-to-own program generally has a longer term, usually fifteen (15)
years, with conveyance of the home at the satisfaction of the rental agreement.
The emergency amendment to the Law maintains the polices the Law sets forth while including
the income-based rental program’s rent-to-own program by revising the definition of “rental
agreement” to state, “a written contract between a landlord and a tenant, whereby the tenant is
granted the right to use or occupy the premises for a residential purpose for one (1) year or less,
provided that the term may be longer than one (1) year in circumstances where the contract is on
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a rent to own basis.” These amendments adopt the emergency amendments on a permanent basis
as required by the Legislative Procedures Act.
In addition to adopting the emergency amendments on a permanent basis, these Amendments
also:
1) Include additional limitations on minimum rental eligibility requirements for the incomebased rental program which do not allow consideration of prior evictions from landlords
outside the Nation or debt owed except for past due utility debts in excess of $200; and
2) Amend the provisions related what process should be followed when a tenant passes
away, both when there are no other household members and when the tenant leaves
behind household members that have a continuing housing need.
The limitation as to what may be considered as part of applicant eligibility was added at the
direction of resolution BC-03-27-17-C entitled Repeal of Resolution BC-12-23-09-A, Oneida
Housing Authority Admissions and Occupancy Policy. In that resolution, the Oneida Business
Committee repealed an existing resolution which prohibited any prior evictions or rent and utility
related debts from being considered as part of eligibility for applicants to the low-income rental
program and required that minimum limitation be included in the law to safeguard future tenants
from any revisions that may be proposed in future rules. Specifically, the resolution stated:
NOW THEREFORE BE IT FURTHER RESOLVED, that the Legislative Operating
Committee is hereby directed to amend the Landlord-Tenant law to include the following
restrictions on the rules governing the income-based rental program:
1. The rules may not contain eligibility requirements that consider debt owed or
evictions from entities other than the Comprehensive Housing Division; and
2. The rules may contain eligibility requirements that consider debt owed to utility
providers, but may not deny eligibility for any past due debt owed to a utility
provider with a balance of less than two hundred dollars ($200).
Accordingly, the limitation as to eligibility requirements included in these Amendments is
required action and satisfies the LOC’s responsibility pursuant to resolution BC-03-27-17-C.
Lastly, the revision to amend the provisions related what process should be followed when a
tenant passes away, both when there are no other household members and when the tenant leaves
behind household members that have a continuing housing need provide the community with
additional needed clarity and extend the permissible continuation of tenancy following death
from sixty (60) days to six (6) months. The amendments also add to the Law the income-based
rent-to-own program’s current practice of paying out any accrued equity in the event of the
termination of a rent-to-own agreement.
A public meeting was held for these amendments on October 19, 2017 for which the comment
period expired on October 26, 2017 in accordance with the Legislative Procedures Act.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
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FINANCE ADMINISTRATION
Fiscal Impact Statement
MEMORANDUM
DATE:
June 20, 2017
FROM:
Rae Skenandore, Financial Management Analyst
TO:
Larry Barton, Chief Financial Officer
RaLinda Ninham-Lamberies, Assistant Chief Financial Officer
RE:
I.
Financial Impact of the Landlord Tenant Amendments
Estimated Fiscal Impact Summary
Law: Landlord Tenant Amendments
Implementing Agency
Estimated time to comply
Estimated Impact
Total Estimated Fiscal Impact
II.
Draft 1
Oneida Housing Authority
Division of Land Management
Elder Services
Land Commission
10 days from adoption
Current Fiscal Year
$0
$0
10 Year Estimate
Background
A.
Legislative History
This law was adopted by the Oneida Business Committee by resolution BC-1012-16-C. Emergency Amendments to the Law were approved by BC-1-25-17-C.
B.
Summary of Content
1.
Permanently adopt an emergency amendment to the Landlord-Tenant
Law. The emergency amendment resolution included the following:
a)
the Law applied to rental agreements defined as, “a written
contract between a landlord and a tenant, whereby the tenant is granted the
right to use or occupy the premises for a residential purpose for one (1)
year or less;”
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b)
the Oneida Housing Authority’s rent-to-own program did not fall
into the Law’s definition of rental agreements because the rental
agreement for the rent-to-own program generally has a fifteen (15) year
term with conveyance of the home at the satisfaction of the rental
agreement;
c)
the rental agreements in the Law were limited to one (1) year terms
to fortify the policy requiring annual renewals of rental agreements and to
avoid month-to-month tenancies;
d)
the emergency amendment to the Law maintained the Law’s
policies while including the Oneida Housing Authority’s rent-to-own
program by revising the definition of “rental agreement” to state, “a
written contract between a landlord and a tenant, whereby the tenant is
granted the right to use or occupy the premises for a residential purpose
for one (1) year or less, provided that the term may be longer than one (1)
year in circumstances where the contract is on a rent to own basis;”
2.
Include additional eligibility requirements set by the rental program’s
rules, which may not be less strict than this law, but may be stricter than this Law,
provided that rules developed for low-income Tribal members and families:
a)
May not contain eligibility requirements that consider debt owed
or evictions from entities other than the Comprehensive Housing Division;
b)
May contain eligibility requirements that consider debt owed to
utility providers, provided that eligibility may not be denied for any debt
owed to a utility provider with a past due balance of less than two hundred
dollars ($200).
C.
Methodology and Assumptions
1.
A “Fiscal Impact Statement” means an estimate of the total identifiable
fiscal year financial effects associated with legislation and includes startup costs,
personnel, office, documentation costs, as well as an estimate of the amount of
time necessary for an agency to comply with the Law after implementation.
2.
Finance does NOT identify the source of funding for the estimated cost or
allocate any funds to the legislation.
3.
The analysis was completed based on the information provided as of the
date of this memo.
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II.
Agency
There are no startup, personnel, office, or documentation costs associated with this
legislation. The amendments will become effective 10 days from adoption.
III.
Financial Impact
No impact.
IV.
Recommendation
Finance does not make a recommendation in regards to course of action in this matter.
Rather, it is the purpose of this report to disclose potential financial impact of an action,
so that the Oneida Business Committee and General Tribal Council has the information
with which to render a decision.
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Analysis to Draft for OBC Consideration
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Landlord-Tenant Permanent Amendments
Legislative Analysis
SECTION 1. BACKGROUND
REQUESTER:
Krystal L. John
Intent of Proposed
Amendments
Purpose of the Law
Affected Entities
Affected
Legislation
Enforcement/Due
Process
Public Meeting
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SPONSOR:
DRAFTER:
ANALYST:
David P. Jordan
Krystal L. John
Maureen Perkins
The current amendments are proposed by the Oneida Law Office in consultation
with the Oneida Housing Authority in order to ensure the rent-to-own rental
agreements are covered by the law. A provision was added regarding non-Tribal
tenants in rent-to-own agreements when the qualified Oneida tenant becomes
deceased. Additionally minimum eligibility requirements were added under the
proposed amendments as directed by Oneida Business Committee Resolution 322-17-C.
To provide mechanisms for protecting the rights of the landlords and tenants
within the reservation [see 611.1-1].
Comprehensive Housing Division, Land Commission, Oneida Tribal members,
their spouses and occupants who rent and occupy premises under this law.
Eviction and Termination, Administrative Rulemaking, Building Code, Zoning
and Shoreline Protection Ordinance, Pardon and Forgiveness, and Real Property
The Oneida Judiciary is granted jurisdiction to hear complaints filed regarding
actions taken pursuant to this law and/or a rental agreement [see 611.10-1].
Public meetings were held 06/05/17 and 10/19/17.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. The current amendments permanently adopt the emergency amendments adopted by resolution 1-2517-C and BC-07-26-17-I to clarify the current law to specifically allow rent-to-own rental agreements
to last longer than one year [see 611.3-1(e)].
B. Additional amendments were included as detailed below.
SECTION 3. CONSULTATION
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A. The Oneida Housing Authority and the Oneida Law Office recognized that the current law does not
cover the rent-to-own programs because these are rental agreements that last longer than one year.
B. The OBC has decided that it is in the best interest of Oneida families to ensure that any current or
future rules developed to govern the income based rental program do not consider debt owed or
evictions from entities other than the Comprehensive Housing Division or past due utility accounts of
less than $200 as part of the selection criteria. This is a policy decision of the OBC.
C. The OBC also decided that non-Tribal members in rent-to-own agreements have the option to stay in
the agreement if they sign an agreement indicating the premises and the rent-to-own agreement will
be transferred to their child who is an enrolled Tribal member upon turning 18 or immediately to an
adult child if the qualified Tribal member tenant becomes deceased.
D. These changes do not require additional research.
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SECTION 4. PROCESS
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A. This amendment to the law permanently adopts the emergency amendment adopted by resolutions
BC-1-25-17-C and BC-07-26-17-I and includes additional provisions directed by the OBC. This is
the correct legislative process.
C. The emergency amendments were added to the Active Files List on December 21, 2016, and were
adopted by resolution BC-1-25-17-C and adopted by emergency extension by resolution BC-07-2617-I and expire 01-26-18.
D. The current amendments permanently adopt the emergency amendments and include the additional
provision related to the minimum eligibility requirements [see 611.4-2(f)(1) and (2)], prior evictions
and debt owed from outside the Nation are not considered other than past due utility bills in excess of
$200 [see 611.4-2 (f) (1) and (2)] and provisions related to non-Tribal member tenants that have the
option to remain in the rent-to-own agreement if they have a child who is a Tribal member and agree
to convey the property to the child upon turning 18 or immediately transfer the premises and the rentto-own agreement to an adult child who is a Tribal member if the qualifying Tribal member becomes
deceased prior to completing the rent-to-own agreement [see 611.9-4(b)]. A public meeting was held
6/5/17 and an additional public meeting is proposed for 10/19/2017.
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SECTION 5. CONTENTS OF THE PROPOSED AMENDMENTS
A. The term for Comprehensive Housing Division was updated to reflect the new term for the entity
responsible under this law. The Comprehensive Housing Division was adopted by resolution BC-0927-17-H and means the division within the Nation under the direction of the Comprehensive Housing
Division Director which consists of all residential services offered by the Nation, including but not
limited to, all rental programs, the rent-to-own program, and the residential sales and mortgages
programs [see 611.3-1].
B. The term for “rental agreements” is restricted to one year or less in the adopted Landlord-Tenant law.
This definition excludes rent-to-own contracts which are longer than one (1) year. The amendment
ensures rent to own contracts are covered by the definition of rental agreements by expanding the
definition to include rent to own contracts which are for terms longer than one year [see 611.3-1(e)].
C. A definition for Tribal member was added to the law [see 611.3-1(i)].
D. Minimum rental eligibility requirements were added relating to rules developed for the income-based
rental program which prohibits considering debt owed to or evictions from entities other than the
Comprehensive Housing Division but allows consideration of past due debt owed to utility providers
over two hundred dollars ($200) [see 611.4-2 (f) (1) and (2)].
E. If a deceased tenant was the only household member listed on the rental agreement, the tenancy is
terminated immediately upon the death [see 611.9-1(a)].
F. If there were additional adults household members aside from the deceased tenant listed on the rental
agreement, the adult household members will assume tenancy responsibilities under the rental
agreement and can stay for six (6) months after the landlord receives notice of the tenant’s death and
this requires an amendment or limited term rental agreement to cover the term of the extension [see
611.9-1(b)(1)].
G. If adult household members remain in a rental unit following a deceased tenant’s death, the
household member will assume the tenancy responsibilities according to the rental agreement [see
611.9-2].
H. If a deceased tenant was a Tribal member whose death results in a non-Tribal member tenant’s
ineligibility for the rental agreement, the non-Tribal member tenant may remain in the premises:
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Analysis to Draft for OBC Consideration
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If a standard rental agreement (not a rent-to-own agreement), any extension beyond the
original term of agreement requires an amendment or limited term rental agreement which
covers the term of the extension may be for a maximum of 6 months [see 611.9-4(a)].
If the rental agreement was on a rent-to-own basis and the non-Tribal member tenant has no
Tribal member children, the non-Tribal member tenant may remain in the premises for a
maximum of 6 months from the date of the Tribal member’s death. In this case, the rent-toown agreement will be terminated upon the tenant’s ineligibility to remain in the rent-to-own
agreement and a new rental agreement, which may be a limited term rental agreement, will be
executed. The landlord will pay the remaining co-tenant all equity the tenants have accrued
according to the rental agreement [see 611.9-4(b)].
If the non-Tribal member tenant has a child who is a Tribal member living in the premises,
the non-Tribal member tenant may remain in the rent-to-own agreement as long as they sign
an agreement indicating that the premises and the rent-to-own agreement will be transferred
to the Tribal member child upon turning 18. If the non-Tribal member tenant has an adult
Tribal member child, the rent-to-own agreement may be immediately transferred to that child
upon the qualifying Tribal member’s death and upon the adult Tribal member agreeing to live
in the premises [see 611.9-4(b)].
If the non-Tribal member tenant either has no Tribal member children or declines to enter
into the agreement transferring the rent-to-own agreement to the Tribal member child, the
rent-to-own agreement will be terminated upon the tenant’s ineligibility to remain in the rentto-own program and a limited term rental agreement will be executed [see 611.9-4(b)(1)].
Where a landlord is terminating a rent-to-own agreement, the landlord shall pay the
remaining co-tenant all equity the tenants have accrued in accordance with the rental
agreement [see 611.9-4(b)(2)].
SECTION 6. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR
OBLIGATIONS
A. The proposed amendments will permanently ensure the Landlord-Tenant law covers existing rent-toown rental agreements and future rent-to-own rental agreements and ensures Tribal members who
enter into these rental agreements have the same due process and other rights as all other rental
agreements under the Landlord-Tenant law.
B. The amendments ensure that prior evictions and debt from outside the Nation are not considered other
than past due debt owed to a utility provider over two hundred dollars ($200).
C. The amendments ensure that non-Tribal member co-tenants in rent-to-own rental agreements are paid
the equity that has accumulated in the property due to the fact that they are no longer eligible to remain
in the rental agreement. Additionally, the amendments allow non-Tribal member tenants to remain in
a rent-to-own agreement when the qualifying Tribal member tenant dies if they agree to transfer the
premises and the rent-to-own agreement to an adult Tribal member child or a minor Tribal member
child upon turning 18 years of age.
SECTION 7. OTHER CONSIDERATIONS
A. The Landlord-Tenant law was adopted on October 12, 2016 by resolution BC-10-12-16-C and
became effective on February 9, 2017. The emergency amendments to the Landlord-Tenant law were
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adopted on January 25, 2017 by resolution BC-01-25-17-C, became effective February 9, 2017 and
were extended through January 26, 2018 by resolution BC-07-26-17-I.
The current proposed
amendments permanently adopt these emergency amendments, update the definition for
Comprehensive Housing Division and add the provisions related to debt owed, prior evictions and
rental agreements related to non-Tribal member co-tenants who are no longer eligible for the rental
agreement when the eligible Tribal member tenant dies. The current amendments will become
effective December 8, 2017 in accordance with the Legislative Procedures Act [see 109.9-3].
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Title 6. Property and Land - Chapter 611
LANDLORD-TENANT
Tsi> Yuhw<tsyaw@=ku Aolihw@=ke
where it bound to the earth - issues
611.1.
611.2.
611.3.
611.4.
611.5.
Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Rental Programs
Rental Agreement Documents
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611.6.
611.7.
611.8.
611.9.
611.10.
Rights and Duties of Landlords and Tenants
Domestic Abuse Protections
Sex Offender Registry
Termination of Tenancy at Death of Tenant
Landlord or Tenant Actions
611.1.
Purpose and Policy
611.1-1. Purpose. The purpose of this law is to provide mechanisms for protecting the rights
of the landlords and tenants of the Nation’s rental programs.
611.1-2. Policy. It is the Nation’s policy to provide a fair process to all landlords and tenants
of the Nation’s rental programs that preserves the peace, harmony, safety, health, general welfare
and the Nation’s resources.
611.2.
Adoption, Amendment, Repeal
611.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-12-16C. and thereafter amended by resolution ____________.
611.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
611.2-3. Should a provision of this law or the application thereof to any person or
circumstances be held as invalid, such invalidity shall not affect other provisions of this law
which are considered to have legal force without the invalid portions.
611.2-4. In the event of a conflict between a provision of this law and a provision of another
law, the provisions of this law shall control.
611.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.
611.3.
Definitions
611.3-1. This section shall govern the definitions of words and phrases as used herein. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Comprehensive Housing Division” means the entity responsible for housing matters
specifically related to rental agreements as defined by Oneida Business Committee
Resolution.1
as the division within the Oneida Nation under the direction of the Comprehensive
Housing Division Director which consists of all residential services offered by the
Nation, including but not limited to, all rental programs, the rent-to-own program, and the
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See BC Resolution 09-27-17-H providing that the Comprehensive Housing Division means the division within the
Oneida Nation under the direction of the Comprehensive Housing Division Director which consists of all residential
services offered by the Nation, including but not limited to, all rental programs, the rent-to-own program, and the
residential sales and mortgages programs.
6 O.C. 611 – Page 1
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residential sales and mortgages programs. (b)
“Landlord” means the Nation in its
capacity to rent real property subject to a rental agreement.
(c) “Nation” means the Oneida Nation.
(d) “Premises” means the property covered by a rental agreement, including not only the
real property and fixtures, but also any personal property furnished by the landlord
pursuant to a rental agreement.
(e) “Rental Agreement” means a written contract between a landlord and a tenant,
whereby the tenant is granted the right to use or occupy the premises for a residential
purpose for one (1) year or less, provided that the term may be longer than one (1) year in
circumstances where the contract is on a rent-to-own basis.
(f) “Reservation” means all property within the exterior boundaries of the reservation of
the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566,
and any lands added thereto pursuant to federal law.
(g) “Rule” means a set of requirements, including citation fees and penalty schedules,
enacted jointly by the Land Commission and the Comprehensive Housing Division in
accordance with the Administrative Rulemaking law based on authority delegated in this
law in order to implement, interpret and/or enforce this law, provided that where such
requirements relate solely to premises administered pursuant to federal funding, the
Comprehensive Housing Division has sole authority.
(h) “Tenant” means the person granted the right to use or occupy a premises pursuant to a
rental agreement.
(i(i) “Tribal member” means an individual who is an enrolled member of the Nation.
(j) “Security Deposit” means a payment made to the landlord by the tenant to ensure that
rent will be paid and other responsibilities of the rental agreement performed.
611.4.
Rental Programs
611.4-1. Available Rental Programs. Consistent with available funds, the Comprehensive
Housing Division shall provide residential rental programs for providing housing to the
following types of tenants and the Oneida Land Commission and the Comprehensive Housing
Division shall jointly establish rules naming said programs and providing the specific
requirements and regulations that apply to each program:
(a) Elder tribal members;
(b) Low-income Oneida tribal members and families; and
(c) Tribal members in general.
611.4-2. Minimum Rental Eligibility Requirements. In order to be eligible for a rental
agreement, applicants shall meet the following conditions:
(a) Be eighteen (18) years of age at the time of the application;
(b) Have no felony or drug convictions within the past two (2) years from the date of
application, provided that a pardon or forgiveness received pursuant to the Pardon and
Forgiveness law may provide an exception to this condition;
(c) Meet the local governments’ laws’ requirements regarding residency restrictions for
convicted sex offenders;
(d) Meet the income requirements for entering the rental agreement as determined by the
rental program’s governing rules;
(e) Not hold a residential lease with the Nation; and
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(f) Meet any other eligibility requirements set by the rental program’s rules, which may
not be less strict than this law, but may be stricter than this law., provided that rules
developed for low-income Tribal members and families:
(1) May not contain eligibility requirements that consider debt owed or evictions
from entities other than the Comprehensive Housing Division; but
(2) May contain eligibility requirements that consider debt owed to utility
providers, provided that eligibility may not be denied for any debt owed to a
utility provider with a past due balance of less than two hundred dollars ($200).
611.4-3. Tenant Selection. The Land Commission and the Comprehensive Housing Division
shall jointly develop rules governing the selection of applicants for the issuance of rental
agreements.
611.5.
Rental Agreement Documents
611.5-1. Severability of Rental Agreement Provisions. The provisions of a rental agreement
are severable. If any provision of a rental agreement is void or unenforceable by reason of any
law, rule, regulation, or judicial order, the invalidity or unenforceability of that provision does
not affect other provisions of the rental agreement that can be given effect without the invalid or
unenforceable provision.
611.5-2. Requirements of Rental Agreements and Terminations. A rental agreement or
termination of a rental agreement is not enforceable unless it meets the requirements of this law
and is in writing.
(a) All rental agreements shall:
(1) Set forth the amount of rent or other consideration provided in exchange for
the ability to use/occupy the premises;
(2) Set forth the required amount of security deposit and require payment of the
security deposit prior to the tenant(s) taking use/occupancy of the premises;
(3) Set the time of commencement and expiration of the rental agreement;
(4) Provide a reasonably definite description of the premises;
(5) State that nothing in the agreement may be considered a waiver of the
Nation’s sovereign immunity, provided that tenants may seek enforcement of a
rental agreement or dispute an action taken pursuant to a rental agreement with
the Oneida Judiciary; and
(6) Be signed by both the landlord and the tenant(s) prior to the tenant(s) taking
use/occupancy of the premises;
(A) The rental agreement is not required to be signed by all adults
using/occupying the premises, provided that the rights and responsibilities
contained in the rental agreement do not extend to persons that are not
named as tenants in the rental agreement.
(B) Unless legally separated, if a tenant(s) is married, the landlord shall
require that each spouse sign the rental agreement.
(b) Any provision of a rental agreement that does any of the following is void and
unenforceable.
(1) Allows a landlord to do or threaten to do any of the following because a tenant
has contacted an entity for law enforcement services, health services or safety
services:
(A) Increase rent;
(B) Decrease services;
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(C) Bring an action for eviction pursuant to the Eviction and Termination
law; and/or
(D) Refuse to renew a rental agreement.
(2) Except as otherwise provided in this law in regards to domestic abuse,
authorizes the eviction or exclusion of a tenant from the premises other than
through the process described in the Eviction and Termination law.
(3) Requires the tenant to pay attorney’s fees or costs incurred by the landlord in
any legal action or dispute arising under the rental agreement except as supported
by a court order.
(4) States that the landlord is not liable for property damage or personal injury
caused by negligent acts or omissions of the landlord. This subsection does not
affect ordinary maintenance obligations of a tenant under 611.6-3(b) or assumed
by a tenant under a rental agreement or other written agreement between the
landlord and the tenant.
(5) Imposes liability on the tenant for any of the following:
(A) Personal injury arising from causes clearly beyond the tenant’s control.
(B) Property damage caused by natural disasters or by persons other than
the tenant or the tenant’s guests or invitees. This subsection does not
affect ordinary maintenance obligations of a tenant under 611.6-3(b) or
assumed by a tenant under a rental agreement or other written agreement
between the landlord and the tenant.
(6) Waives any obligation on the part of the landlord to deliver the premises in a
fit and habitable condition or to maintain the premises during the tenant’s
tenancy.
(7) Allows for periodic tenancy, which for the purposes of this section means
when a tenant uses/occupies a premises without an effective and valid rental
agreement by paying rent on a periodic basis including, but not limited to, day-today, week-to-week and month-to-month.
611.5-3. Assignment of Rental Agreements Not Permitted. Assignments of rental agreements
are not permitted under any circumstances.
611.6.
Rights and Duties of Landlords and Tenants
611.6-1. This section governs the rights and duties of the landlord and tenant in the absence of
any inconsistent provision found in a valid rental agreement.
611.6-2. Disposition of Personal Property Left by the Tenant. If the tenant moves from or is
evicted from the premises and leaves personal property, the landlord may presume that the tenant
has abandoned the personal property and may dispose of said property in any manner that the
landlord, in his or her sole discretion, determines is appropriate, provided that:
(a) The landlord shall hold personal property for a minimum of five (5) business days
and the tenant may retrieve said personal property by contacting the landlord.
(b) The landlord shall keep a written log of the date and the work time that the Nation’s
staff expends storing and/or removing personal property and/or removing/disposing of
debris left at the property after the expiration of the timeframe provided in the order to
vacate.
(c) The Land Commission and the Comprehensive Housing Division shall jointly create
rules further governing the disposition of personal property.
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611.6-3. Repairs; Untenability. This section applies to all leases if there is no contrary
provision in writing signed by both parties.
(a) Duties of the Landlord.
(1) Except for repairs made necessary by the negligence of, or improper use of the
premises by the tenant, the landlord has a duty to do all of the following:
(A) Keep in a reasonable state of repair portions of the premises over
which the landlord maintains control.
(B) Keep in a reasonable state of repair all equipment under the landlord’s
control necessary to supply services that the landlord has expressly or
impliedly agreed to furnish to the tenant, such as heat, water, elevator, or
air conditioning.
(C) Make all necessary structural repairs.
(D) Except as provided in section 611.6-3(b)(2), repair or replace any
plumbing, electrical wiring, machinery, or equipment furnished with the
premises and no longer in reasonable working condition.
(E) Comply with any laws or rules of the Nation that are applicable to the
premises.
(2) If the premises are part of a building where other parts are occupied by one (1)
or more other tenants, negligence or improper use by one (1) tenant does not
relieve the landlord from the landlord’s duty to make repairs as provided in 611.63(a)(1), provided that the landlord may require the responsible tenant to pay for
such repairs.
(3) A landlord shall disclose to a prospective tenant, before entering into a rental
agreement with or accepting any earnest money or security deposit from the
prospective tenant, any violation of either the Building Code of the Oneida Nation
or the Zoning and Shoreland Protection Ordinance if all of the following apply:
(A) The landlord has actual knowledge of the violation;
(B) The violation affects the dwelling unit that is the subject of the
prospective rental agreement or a common area of the premises;
(C) The violation presents a significant threat to the prospective tenant’s
health or safety; and
(D) The violation has not yet been corrected but the landlord shall correct
the violation prior to the tenant taking occupancy of the premises.
(4) If the premises are damaged by fire, water or other casualty, not the result of
the negligence or intentional act of the landlord, this subsection is inapplicable
and either section 611.6-3(b) or (c) governs.
(5) The landlord is responsible for all required pest control to keep the premises
in a safe and healthy condition, provided that where an infestation has occurred
due to the acts or inaction of the tenant the pest control costs may be assessed
against the tenant.
(b) Duties of the Tenant.
(1) If the premises are damaged, including by an infestation of insects or other
pests, due to the acts or inaction of the tenant, the landlord may elect to allow the
tenant to remediate or repair the damage and restore the appearance of the
premises by redecorating. However, the landlord may elect to undertake the
remediation, repair, or redecoration, and in such case the tenant shall reimburse
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the landlord for the reasonable cost thereof; the cost to the landlord is presumed
reasonable unless proven otherwise by the tenant.
(2) The tenant shall keep plumbing, electrical wiring, machinery and equipment
furnished with the premises in reasonable working order.
(3) Tenants shall comply with all laws and rules of the Nation.
(c) Untenability. If the premises become untenable because of damage by fire, water or
other casualty or because of any condition hazardous to health, or if there is a substantial
violation of section 611.6-3(a) materially affecting the health or safety of the tenant, the
tenant may move from the premises unless the landlord promptly repairs, rebuilds or
eliminates the health hazard or the substantial violation of 611.6-3(a) materially affecting
the health or safety of the tenant.
(1) The tenant may also move and terminate the rental agreement if the
inconvenience to the tenant by reason of the nature and period of repair,
rebuilding or elimination would impose undue hardship on the tenant.
(2) If the tenant remains in possession, the landlord shall decrease rent for each
month to the extent the tenant is deprived of the full normal use of the premises.
The Land Commission and the Comprehensive Housing Division shall jointly
develop rules governing how and when rent is decreased pursuant to this section.
This subsection does not authorize rent to be withheld in full, if the tenant remains
in possession.
(3) If the tenant justifiably moves out under this subsection, the tenant is not
liable for rent after the premises become untenable and the landlord shall repay
any rent paid in advance apportioned to the period after the premises become
untenable. This subsection is inapplicable if the damage or condition is caused by
negligence or improper use by the tenant.
(d) Check-in sheet. Landlords shall provide all new tenants with a check-in sheet when
the tenant commences his or her occupancy of the premises that the tenant may use to
make comments, if any, about the condition of the premises. The landlord shall provide
the tenant with seven (7) days from the date the tenant commences his or her occupancy
to complete the check-in sheet and return it to the landlord. The landlord is not required
to provide the check-in sheet to a tenant upon renewal of a rental agreement.
(e) Notice to Enter Required. The landlord shall provide twenty-four (24) hour written
notice prior to entering the tenant’s premises where notice is required to either be
personally served to the tenant or posted on the premises. A landlord is exempt from this
notice requirement in the case of an emergency welfare check. The basis of a welfare
check may include, but is not limited to the following:
(1) The landlord believes the tenant’s or a child’s wellbeing may be in jeopardy
based on reports of child abuse or neglect, medical concerns, suspicious activity
or other reported information;
(2) The landlord suspects the tenant has abandoned the premises; and/or
(3) The landlord receives notice that the premise’s utilities have been
disconnected.
(f) Acts of tenant not to affect rights of landlord. No act of a tenant in acknowledging as
landlord a person other than the tenant's original landlord can prejudice the right of the
original landlord to possession of the premises.
(g) Annual Inspection Required. In the event the tenant renews the rental agreement for
additional terms, the landlord shall, at a minimum, inspect the premises once annually.
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611.7.
Domestic Abuse Protections
611.7-1. If a tenant notices the landlord of domestic abuse with of any of the following
documentation, regardless of marital status, the landlord shall change the locks to the premises
and, if the tenant is unmarried, allow the tenant to modify the rental agreement to remove the
domestic abuser:
(a) An injunction order under Wis. Stat. 813.12(4) protecting the tenant from a co-tenant;
(b) An injunction order under Wis. Stat. 813.122 protecting a child of the tenant from a
co-tenant;
(c) An injunction order under Wis. Stat. 813.125(4) protecting the tenant or child of the
tenant from a co-tenant, based on the co-tenant’s engaging in an act that would constitute
sexual assault under Wis. Stat. 940.225, 948.02 or 948.025, or stalking under Wis. Stat.
940.32, or attempting or threatening to do the same;
(d) A condition of release under Wis. Ch. 969 ordering the co-tenant not to contact the
tenant;
(e) A criminal complaint alleging that the co-tenant sexually assaulted the tenant or a
child of the tenant under Wis. Stat. 940.225, 948.02 or 948.025;
(f) A criminal complai
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