Oneida Business Committee (2019)

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Oneida Business Committee

Executive Session

8:30 AM Tuesday, September 24, 2019

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, September 25, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and

present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.

CALL TO ORDER

II.

OPENING

Special Recognition for Year of Service

Sponsor: Geraldine Danforth, Area Manager/Human Resources

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

Oneida Community Library Board - Waehiahoweh Maracle

Sponsor: Lisa Summers, Secretary

Oneida Environmental Resource Board - Gerald Jordan, Weldon "Ted" Hawk, and

Angela Parks

Sponsor: Lisa Summers, Secretary

Public Safety Officer Pension Board - Nathan Ness, Stacy Prevost, Alexis Woelfel,

and Larry Jordan

Sponsor: Sandra Reveles, Chair/Oneida Police Commission

MINUTES

Approve the revised August 29, 2019, quarterly reports Buisness Committee

meeting minutes

Sponsor: Lisa Summers, Secretary

Oneida Business Committee

Regular Meeting Agenda

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September 25, 2019

Public Packet

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VI.

VII.

Approve the September 11, 2019, regular Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

RESOLUTIONS

Adopt resolution entitled Interpreting “Fiscal Impact Statement” in the Legislative

Procedures Act

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Updated Statement of Effect Requirement for Resolutions

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Support for Great Law Recital in Oneida Nation Community

Sponsor: Tehassi Hill, Chairman and Trish King, Treasurer

Adopt resolution entitled Triennial Goals – Trending – Budget Guidance Resolution

Sponsor: Trish King, Treasurer

Adopt resolution entitled Approve Changes to the Enterprise 401(k) Plan

Sponsor: Larry Barton, Chief Financial Officer

STANDING COMMITTEES

FINANCE COMMITTEE

Approve the September 16, 2019, regular Finance Committee meeting minutes

Sponsor: Trish King, Treasurer

LEGISLATIVE OPERATING COMMITTEE

Accept the September 4, 2019, regular Legislative Operating Committee

meeting minutes

Sponsor: David P. Jordan, Councilman

Adopt Judiciary law rule # 1 - Oneida Trial Court Rules

Sponsor: David P. Jordan, Councilman

Approve the Anna John Resident Centered Care Community Board bylaws

amendments

Sponsor: David P. Jordan, Councilman

Approve the Oneida Community Library Board bylaws amendments

Sponsor: David P. Jordan, Councilman

Approve the Oneida Election Board bylaws amendments

Sponsor: David P. Jordan, Councilman

Approve the Oneida Nation Veterans Affairs Committee bylaws amendments

Sponsor: David P. Jordan, Councilman

Oneida Business Committee

Regular Meeting Agenda

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September 25, 2019

Public Packet

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Approve the Oneida Police Commission bylaws amendments

Sponsor: David P. Jordan, Councilman

Approve the Oneida Pow-wow Committee bylaws amendments

Sponsor: David P. Jordan, Councilman

QUALITY OF LIFE COMMITTEE

VIII.

IX.

Accept the August 15, 2019, regular Quality of Life Committee meeting

minutes

Sponsor: Brandon Stevens, Vice-Chairman

TRAVEL REQUESTS

Approve the travel request in accordance with §219.6-1 - Fifteen (15) Oneida Nation

Veterans Affairs Committee members - Warriors' Circle of Honor memorial

dedication - Washington DC - November 10-13, 2020

Sponsor: Gerald Cornelius, Chair/ONVAC

Approve the travel request - Councilman Kirby Metoxen - Treaty Days - Bayfield, WI September 29-30, 2019

Sponsor: Kirby Metoxen, Councilman

Approve the travel request - Councilman Kirby Metoxen - Repatriation of Oneida

Children from Carlisle Boarding School - Hudson, WI - October 5-6, 2019

Sponsor: Kirby Metoxen, Councilman

Approve the travel request - Chairman Tehassi Hill, Secretary Lisa Summers, and

one (1) additional Business Committee member - National Congress of American

Indians 76th Annual Convention & Marketplace - Albuquerque, NM - October 20-25,

2019

Sponsor: Lisa Summers, Secretary

NEW BUSINESS

Review the Complimentary Services or Items (Chapter 7) Oneida Gaming Minimum

Internal Controls and determine appropriate next steps

Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission

Approve the Intergovernmental Agreement between Oneida Nation and Brown

County for Consolidation of Public Safety Dispatch - file # 2019-0954

Sponsor: Sandra Reveles, Chair/Oneida Police Commission

Accept the Oneida Personnel Commission September 2019 update

Sponsor: Lisa Summers, Secretary

Oneida Business Committee

Regular Meeting Agenda

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September 25, 2019

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GENERAL TRIBAL COUNCIL

XI.

Accept the Fiscal Year 2021 budget calendar

Sponsor: Trish King, Treasurer

EXECUTIVE SESSION

REPORTS

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Accept the Intergovernmental Affairs, Communications, and Self-Governance

September 2019 report

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Accept the General Manager report

Sponsor: Debbie Thundercloud, General Manager

STANDING ITEMS

ONEIDA GOLF ENTERPRISE CORPORATION - LADIES PROFESSIONAL GOLF

ASSOCIATION

Defer the Thornberry Creek LPGA Classic September 2019 report to the

October 23, 2019, regular Business Committee meeting

Sponsor: Eric McLester, Agent/Oneida Golf Enterprise

UNFINISHED BUSINESS

Adopt resolution entitled Naming Individuals as Authorized Persons for

SagePoint Accounts

Sponsor: Larry Barton, Chief Financial Officer

EXCERPT FROM SEPTEMBER 11, 2019: Motion by Trish King to defer the

resolution entitled Naming Individuals as Authorized Persons for SagePoint

Accounts to the September 25th, 2019, regular Business Committee meeting,

seconded by David P. Jordan. Motion carried.

Adopt resolution entitled Confirming Guaranty Commitment for OESC and

Affiliates

Sponsor: Jacquelyn Zalim, Chair/Oneida ESC Group, LLC Board of Manager

EXCERPT FROM AUGUST 28, 2019: Motion by Jennifer Webster to support

Oneida ESC Group LLC entering into a line of credit using the Oneida Nation as

guarantor, noting a final approval will be brought when ready, seconded by Daniel

Guzman King. Motion carried.

Oneida Business Committee

Regular Meeting Agenda

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September 25, 2019

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XII.

NEW BUSINESS

Approve the 2020 compensation increase for BC-DR07

Sponsor: OBC Officers

Approve promissory note for bridge loan - file # 2019-0962

Sponsor: Pete King III, Agent/Oneida Seven Generations Corporation

Adopt resolution entitled Additional Authorization Regarding Oneida Seven

Generations Dissolution

Sponsor: Pete King III, Agent/Oneida Seven Generations Corporation

Consider a request from the Oneida Pow-wow Committee pursuant to §105.74

Sponsor: Tonya Webster, Chair/OPwC

Approve the Transamerica and Valley Investment Solutions-Amendment No. 2

to the Oneida Nation Enterprise 401(k) Plan - file # 2017-1511

Sponsor: Larry Barton, Chief Financial Officer

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364

or (800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

Page 5 of 5

September 25, 2019

Public Packet

Special Recognition for Year of Service

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Public Packet

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Public Packet

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YEARS OF SERVICE RECIPIENTS

4TH QUARTER 2019 JULY - SEPTEMBER

NAME

SUPERVISOR

SCHUYLER,SHIRLEY J

FUSS,CHAD M

CORNELIUS,HENRIETTA

VANWYCHEN,TERRY A

DOH

YOS

OCTOBER 9TH GROUP 1

Jul 10, 1979

STEMPSKI,WILLIAM J

Sep 24, 1979

WILDENBERG,JAMES D

Aug 17, 1979

DOXTATOR,MICHELE M

HILL,JR,TEHASSI TASI W

Sep 21, 1984

SKENANDORE,THERESA M

DANFORTH,MELINDA K

Aug 1, 1984

TORREZ,THERESA M

NINHAM,PAMELA F

Sep 4, 1984

HILL,C S

VANSCHYNDEL,TAMARA J

Jul 10, 1984

SKOLASKI,CHERYL

SUMMERS,LISA

Sep 24, 1984

CORNELIUS,CALVIN L

RENTMEESTER,KEVIN S

Aug 7, 1989

METOXEN,MARY E

BRAATEN,BLAIR A

Sep 18, 1989

JOURDAN,TINA L

CORNELIUS,JR,RONALD

Sep 25, 1989

JOURDAN,MICHAEL L

DOXTATER,SALLY A

Aug 31, 1989

JOURDAN,VICTORIA A

KING,KATHLEEN E

Jul 14, 1989

THOMAS,MAXINE

MOUSSEAU,SHARON A

Jul 14, 1989

NINHAM,FAYE A

NEVILLE,LUCY A

Sep 11, 1989

OSTERBERG,ANTOINETTE

PEGUERO,YVETTE M

Aug 17, 1989

THOMAS,CYNTHIA A

SKENANDORE,ARTLEY

Sep 3, 1989

WILLIAMSON,SARAH

PEGUERO,YVETTE M

Aug 17, 1989

KOLITSCH,BARBARA A

NEVILLE,LUCY A

Aug 17, 1989

SIELOFF,SANDY M

SLABY,LISA L

Sep 25, 1989

DUQUAINE,LINDA M

PREVOST,JEFFREY L

Jul 1, 1994

OROSCO,LEYNE C

JORDAN,DAVID P

Jul 4, 1994

SILVA,CAROL

STRONG,LOIS

Jul 5, 1994

REDHAIL,ROY A

SKENANDORE,ARTLEY

Aug 8, 1994

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Oneida Business Committee Agenda Request

Oneida Community Library Board - Waehiahoweh Maracle

1. Meeting Date Requested:

09 / 25 / 19

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 Waehiahoweh Maracle for the Oneida Community Library Board.

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Brooke Doxtator, BCC Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

On September 11, 2019 the Oneida Business Committee appointed Waehiahoweh Maracle to the Oneida

Community Library Board.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

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Oneida Business Committee Agenda Request

Oneida Environmental Resource Board - Gerald Jordan, Weldon "Ted" Hawk, and Angela Parks

1. Meeting Date Requested:

09 / 25 / 19

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 Gerald Jordan, Weldon "Ted" Hawk, and Angela Parks for the Oneida

Environmental Resource Board.

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Brooke Doxtator, BCC Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

On September 11, 2019 the Oneida Business Committee appointed Gerald Jordan, Weldon "Ted" Hawk and

Angela Parks to the Oneida Environmental Resource Board.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

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Jo Anne House, PhD | Chief Counsel

James R. Bittorf | Deputy Chief Counsel

Kelly M. McAndrews | Senior Staff Attorney

Public Safety Officer Pension Board - Nathan Ness, Stacy Prevost, Alexis Woelfel, and Larry Jordan

Law Office

Patricia M. Stevens Garvey

Michelle L. Gordon

Krystal L. John

Carl J. Artman, III

MEMORANDUM

TO:

FROM:

Jo Anne House, Chief Counsel

Cc: April Skenandore, Executive Assistance, OPD

Lisa Liggins, Spec- Information Management, OBC

Kelly M. McAndrews, Senior Staff Attorney Kelly M.

DATE:

September 12, 2019

McAndrews

Digitally signed by Kelly M.

McAndrews

Date: 2019.09.12 10:51:06 -05'00'

SUBJECT: Public Safety Officer Pension Plan Board and applicability of the Boards,

Committees and Commissions law

FACTS

On December 21, 2005 The Oneida Business Committee (“Business Committee”)

approved, adopted, and ratified the Public Safety Officer Pension Plan (“Plan”). BC Resolution

12-21-05-B. The Plan document implemented a pension plan for the Nation’s police officers on

par “with th[at] offered to other police officers within the State of Wisconsin under the State

police pension system.” The Plan is a tax qualified plan under the provisions of Sec. 401(a) of

the Internal Revenue Code and further intended to constitute a governmental plan within the

meaning of Sec. 414(d) of the code and Sec. 3(32) of the Employee Retirement Income Security

Act of 1974.

The Business Committee adopted the Plan (and Plan document) and authorized the Public

Safety Plan Board (“Board”) to serve as Plan Administrator in accordance with the terms of the

Plan.

QUESITON PRESENTED

Whether the Nation’s Boards, Committees and Commissions law (“Law”) applies to the

Board.

BRIEF ANSWER

No. The Law applies to “boards, committees, and commissions of the Nation”. The

distinction may be a fine one: while the Board was authorized by the Nation, the Board is not a

Board “of the Nation”. The Board is governed by the Plan document. The Board’s structure,

responsibilities, powers, and duties are set forth in the Plan. The Board is neither elected by the

Nation’s voting membership, nor appointed by the Business Committee. The Board serves

without stipends and exercises its discretion with respect to Plan decisions. Additionally, the

Board’s Oath of Office is specific to its Plan responsibilities. While the Board must comply with

applicable laws (including tribal law), this Law does not apply because the Board is an entity of

the Plan. Simply, the Board was created by a contract (the Plan) and is governed by that

contract.

N7210 Seminary Road Ɣ P.O. Box 109 Ɣ Oneida, WI 54155 Ɣ 920.869.4327

oneida-nsn.gov

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Approve the revised August 29, 2019, quarterly reports Buisness Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

09/25/19

2. General Information:

☒ Open

Session:

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Resolution

☐ Correspondence

☒ REVISED draft Minutes ☐ Statement of Effect

☐ Fiscal Impact Statement ☐ Report

☐ Travel Documents

☒ Other: Approved 8/29/19 BC meeting minutes; Notated version of five (5)

substantive corrections.

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

☐ Unbudgeted

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Lisa Liggins, Information Management Specialist

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

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Business Committee Agenda Request – Cover Memo

From:

Lisa Liggins, Information Management Specialist

Date:

09/11/2019

RE:

Revised minutes for the August 29, 2019, quarterly reports Business Committee

meeting

PURPOSE

The purpose of this request is to ensure an accurate record of the quarterly reports Business

Committee meeting held on August 29, 2019, is maintained.

BACKGROUND

Draft minutes for the August 29, 2019, quarterly reports Business Committee meeting were

submitted for consideration at the September 11, 2019, regular Business Committee meeting.

Action was taken to approve these minutes.

While finalizing these minutes some errors were noted. Although generally cosmetic (unneeded

roll calls, time stamp placement, missing time stamps from departures/arrivals of BC members,

punctuation, etc.), there five (5) substantive errors. Specifically, the voting record for:

1) Item IV.B.5.

2) Item IV.C.1.

3) Item IV.C.3.

4) Item IV.C.4.

5) Item V.

A notated version of the minutes including these corrections is attached for your reference. A

clean copy of the revised minutes are also submitted for your consideration.

REQUESTED ACTION

Approve the revised August 29, 2019, quarterly reports Buisness Committee meeting minutes

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Oneida Business Committee

Quarterly Reports Meeting

8:00 AM Thursday, August 29, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

QUARTERLY REPORTS MEETING

Present: Chairman Tehassi Hill, Treasurer Trish King, Secretary Lisa Summers, Council members:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster;

Not Present: Vice-Chairman Brandon Stevens, Secretary Lisa Summers

Arrived at:

Others present: Marlene (Minnie) Garvey, Gene Schubert, Valerie Groleau, Bridget John, Michele

Doxtator, Jeanette Ninham, Tonya Webster, Eric Mc Lester, Sandra Reveles

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:02 a.m.

For the record: Vice-Chairman Brandon Stevens is out on a personal day. Secretary Lisa Summers is

on medical leave.

II.

OPENING (00:00:12)

Opening provided by Councilman Daniel Guzman King.

III.

ADOPT THE AGENDA (00:02:05)

Motion by David P. Jordan to adopt the agenda as presented, seconded by Kirby Metoxen. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Oneida Business Committee

Quarterly Reports Meeting Minutes

Page 1 of 8

August 29, 2019

Public Packet

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REPORTS

APPOINTED BOARDS, COMMITTEES, COMMISSIONS

Accept the Anna John Resident Centered Care Community Board FY-2019 3rd

quarter report (00:05:57)

Sponsor: Candace House, Chair/AJRCCC Board

Motion by Ernie Stevens III to accept the Anna John Resident Centered Care Community Board FY2019 3rd quarter report, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Oneida Nation Arts Board FY-2019 3rd quarter report

Sponsor: Desirae Hill, Chair/ONAB (00:12:49)

Motion by Jennifer Webster to accept the Oneida Nation Arts Board FY-2019 3rd quarter report,

seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Environmental Resource Board FY-2019 3rd quarter report

Sponsor: Marlene Garvey, Chair/Environmental Resource Board (00:16:25)

Motion by David P. Jordan to accept the Environmental Resource Board FY-2019 3rd quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Oneida Community Library Board FY-2019 3rd quarter

Sponsor: Dylan Benton, Chair OCLB (00:20:25)

Motion by David P. Jordan to accept the Oneida Community Library Board FY-2019 3rd quarter,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Police Commission FY-2019 3rd quarter report

Sponsor: Sandra Reveles, Chair/OPC (00:34:05)

Motion by David P. Jordan to accept the Police Commission FY-2019 3rd quarter report, seconded by

Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

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Quarterly Reports Meeting Minutes

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Accept the Oneida Pow Wow Committee FY-2019 3rd quarter report

Sponsor: Jennifer Webster, Councilwoman (00:42:49)

Motion by David P. Jordan to accept the Oneida Pow Wow Committee FY-2019 3rd quarter report,

seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Oneida Nation Veterans Affairs Committee FY-2019 3rd quarter

report (00:49:54)

Sponsor: Gerald Cornelius, Chair/ONVAC

Motion by David P. Jordan to accept the Oneida Nation Veterans Affairs Committee FY-2019 3rd

quarter report, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Southeastern Wisconsin Oneida Tribal Services Advisory Board FY2019 3rd quarter report (00:55:25)

Sponsor: Kathryn LaRoque, Chair/SEOTS

Motion by Jennifer Webster to accept the Southeastern Wisconsin Oneida Tribal Services Advisory

Board FY-2019 3rd quarter report, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Pardon and Forgiveness Screening Committee FY-2019 3rd quarter

report (00:57:07)

Sponsor: Eric Boulanger, Chair PFSC

Motion by Jennifer Webster to accept the Pardon and Forgiveness Screening Committee FY-2019 3rd

quarter report, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Item IV.B.4. is addressed next.

ELECTED BOARDS, COMMITTEES, COMMISSIONS

Accept the Oneida Nation Commission on Aging FY-2019 3rd quarter report

Sponsor: Patricia Lassila, Chair/ONCOA

Motion by Jennifer Webster to accept the Oneida Nation Commission on Aging FY-2019 3rd quarter

report, seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Oneida Business Committee

Quarterly Reports Meeting Minutes

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Accept the Oneida Gaming Commission FY-2019 3rd quarter report

Sponsor: Kirby Metoxen, Councilman

Roll call for the record:

Present: Chairman Tehassi Hill; Councilman Daniel Guzman King; Councilman David P. Jordan;

Treasurer Trish King; Councilwoman Jennifer Webster;

Not Present: Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilman Ernie

Stevens III; Secretary Lisa Summers;

Motion by Kirby Metoxen to accept the Oneida Gaming Commission FY-2019 3rd quarter report,

seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

Council member David P Jordan exited

Counclilman Earnie Stevens exited, also Councilman Kirby Metoxen exited

Councilman David Jordan Returned at 9:46am

Accept the Oneida Land Claims Commission FY-2019 3rd quarter report

Sponsor: Loretta V Metoxen, Chair/OLCC

Roll call for the record:

Present: Chairman Tehassi Hill; Councilman Daniel Guzman King; Councilman David P. Jordan;

Treasurer Trish King; Councilman Kirby Metoxen; Councilwoman Jennifer Webster;

Not Present: Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III; Secretary Lisa

Summers;

Motion by David P. Jordan to accept the Oneida Land Claims Commission FY-2019 3rd quarter report,

seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Jennifer Webster

Abstained:

Kirby Metoxen

Not Present:

Brandon Stevens, Ernie Stevens III, Lisa Summers

Councilmember Kirby Metoxen returned

Accept the Oneida Nation School Board FY-2019 3rd quarter report

Sponsor: Lisa Liggins, Chair/ONSB (01:06:22)

Motion by Kirby Metoxen to accept the Oneida Nation School Board FY-2019 3rd quarter report,

seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Item IV.B.1 is addressed next.

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Quarterly Reports Meeting Minutes

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Accept the Oneida Election Board FY-2019 3rd quarter report

Sponsor: Vicki Cornelius, Chair/OEB (01:51:07)

Motion by Jennifer Webster to accept the Oneida Election Board FY-2019 3rd quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Jennifer Webster

Not Present:

Brandon Stevens, Ernie Stevens III, Lisa Summers

Accept the Oneida Land Commission FY-2019 3rd quarter report

Sponsor: Rae Skenandore, Chair. OLC (01:53:23)

Motion by Jennifer Webster to accept the Oneida Land Commission FY-2019 3rd quarter report,

seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Jennifer Webster

Not Present:

Brandon Stevens, Ernie Stevens III, Lisa Summers

CouncilMember Daniel Guzman Returned at 9:55am

Item IV.C.2. is addressed next.

Accept the Oneida Trust Enrollment Committee FY -2019 3rd quarter report

Sponsor: Barbara Webster, Chair/OTEC (02:11:38)

Roll call for the record:

Present: Chairman Tehassi Hill; Councilman Daniel Guzman King; Councilman David P. Jordan;

Treasurer Trish King; Councilman Kirby Metoxen; Councilwoman Jennifer Webster;

Not Present: Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III; Secretary Lisa

Summers;

Motion by Jennifer Webster to accept the Oneida Trust Enrollment Committee FY -2019 3rd quarter

report, seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

CORPORATE BOARDS

Accept the Bay Bancorporation, Inc. FY-2019 3rd quarter report

Sponsor: Jeff Bowman, President/Bay Bank (02:26:04)

Motion by Jennifer Webster to accept the Bay Bancorporation, Inc. FY-2019 3rd quarter report,

seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

Item IV.E.1 will be addressed next.

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Public Packet

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Accept the Oneida ESC Group, LLC. FY-2019 3rd quarter report

Sponsor: Jacquelyn Zalim, Chair/OESC Board of Managers (01:57:50)

Roll call for the record:

Present: Chairman Tehassi Hill; Councilman Daniel Guzman King; Treasurer Trish King;

Councilman Kirby Metoxen; Councilman Ernie Stevens III; Councilwoman Jennifer Webster;

Not Present: Councilman David P. Jordan; Vice-Chairman Brandon Stevens; Secretary Lisa

Summers;

Motion by Jennifer Webster to accept the Oneida ESC Group, LLC. FY-2019 3rd quarter report,

seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Ernie Stevens III, Lisa Summers

Councilmember David Jordan exited

Councilman Earnie Stevens III Returned at 9:55 am

Accept the Oneida Seven Generations Corporation FY-2019 3rd quarter report

Sponsor: Pete King III, Agent/OSGC (01:58:42)

Motion by Ernie Stevens III to accept the Oneida Seven Generations Corporation FY-2019 3rd quarter

report, seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Oneida Airport Hotel Corporation FY-2019 3rd quarter report

Sponsor: Kirby Metoxen, Councilman (02:01:05)

Motion by Daniel Guzman King to accept the Oneida Airport Hotel Corporation FY-2019 3rd quarter

report, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

Councilwoman Jennifer Webster exited 10:02am

Councilwoman Jennifer Webster returned at 10:04 am

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Accept the Oneida Golf Enterprise FY-2019 3rd quarter report

Sponsor: Eric McLester, Agent/OGE (02:03:18)

Roll call for the record:

Present: Chairman Tehassi Hill; Councilman Daniel Guzman King; Treasurer Trish King;

Councilman Kirby Metoxen; Councilman Ernie Stevens III; Councilwoman Jennifer Webster;

Not Present: Councilman David P. Jordan; Vice-Chairman Brandon Stevens; Secretary Lisa

Summers;

Motion by Kirby Metoxen to accept the Oneida Golf Enterprise FY-2019 3rd quarter report, seconded

by Trish King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

Item IV.B.7. is addressed next.

STANDING COMMITTEES

Accept the Community Development Planning Committee FY-2019 3rd quarter

report (02:46:56)

Sponsor: Ernie Stevens III, Councilman

Motion by Kirby Metoxen to accept the Community Development Planning Committee FY-2019 3rd

quarter report, seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

Accept the Legislative Operating Committee FY-2019 3rd quarter report

Sponsor: David P. Jordan, Councilman (02:56:39)

Motion by Jennifer Webster to accept the Legislative Operating Committee FY-2019 3rd quarter report,

seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

Accept the Quality of Life FY 2019 3rd quarter report

Sponsor: Brandon Stevens, Vice-Chairman (03:05:04)

Motion by Kirby Metoxen to accept the Quality of Life FY 2019 3rd quarter report, seconded by Trish

King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

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Accept the Finance Committee FY-2019 3rd quarter report

Sponsor: Trish King, Treasurer (03:11:51)

Motion by Ernie Stevens III to accept the Finance Committee FY-2019 3rd quarter report, seconded

by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

Item V will be addressed next.

OTHER

Sponsor:

Accept the Oneida Youth Leadership Institute Fy - 2019 3rd quarter report

Sponsor: Richard Elm-Hill, President/OYLI Board of Directors (02:32:30)

Motion by Jennifer Webster to accept the Oneida Youth Leadership Institute Fy - 2019 3rd quarter

report, seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

This item was moved up on agenda, right after Bay Bank

Item IV.D.1 will be addressed next.

ADJOURN (03:12:40)

Motion by Trish King to adjourn at 11:14am, seconded by Ernie Stevens III. Motion carried:

Ayes:

Not Present:

Daniel Guzman King, Trish King, Kirby Metoxen, Jennifer Webster,

David P. Jordan

Brandon Stevens, Lisa Summers

11:14

Minutes prepared by Teresa Schuman, Information Management Specialist

Minutes approved as presented on September 11, 2019.

/s/ Lisa Summers

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

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Page 8 of 8

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REVISED - D R A F T

Councilman Daniel Guzman King left at 9:48 a.m.

Item IV.B.5. is addressed next.

Accept the Oneida Nation School Board FY-2019 3rd quarter report (00:57:22)

Sponsor: Lisa Liggins, Chair/ONSB

Motion by Kirby Metoxen to accept the Oneida Nation School Board FY-2019 3rd quarter report,

seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Item IV.B.1. is addressed next.

Accept the Oneida Election Board FY-2019 3rd quarter report (01:47:38)

Sponsor: Vicki Cornelius, Chair/OEB

Motion by Jennifer Webster to accept the Oneida Election Board FY-2019 3rd quarter report, seconded

by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Jennifer Webster

Not Present:

Daniel Guzman King, Brandon Stevens, Ernie Stevens III, Lisa

Summers

Accept the Oneida Land Commission FY-2019 3rd quarter report (01:51:13)

Sponsor: Rae Skenandore, Chair/OLC

Councilman Daniel Guzman King returned at 9:55 a.m.

Motion by Jennifer Webster to accept the Oneida Land Commission FY-2019 3rd quarter report,

seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Jennifer Webster

Not Present:

Brandon Stevens, Ernie Stevens III, Lisa Summers

Councilman David P. Jordan left at 9:55 a.m.

Item IV.C.2. is addressed next.

Accept the Oneida Trust Enrollment Committee FY-2019 3rd quarter report

(02:03:22)

Sponsor: Barbara Webster, Chair/OTEC

Motion by Jennifer Webster to accept the Oneida Trust Enrollment Committee FY -2019 3rd quarter

report, seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

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REVISED - D R A F T

CORPORATE BOARDS

Accept the Bay Bancorporation, Inc. FY-2019 3rd quarter report (02:11:47)

Sponsor: Jeff Bowman, President/Bay Bank

Motion by Jennifer Webster to accept the Bay Bancorporation, Inc. FY-2019 3rd quarter report,

seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Ernie Stevens III, Lisa Summers

Item IV.E.1. is addressed next.

Accept the Oneida ESC Group, LLC. FY-2019 3rd quarter report (01:54:40)

Sponsor: Jacquelyn Zalim, Chair/OESC Board of Managers

Motion by Jennifer Webster to accept the Oneida ESC Group, LLC. FY-2019 3rd quarter report,

seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Ernie Stevens III, Lisa Summers

Councilman Ernie Stevens III returned at 10:00 a.m.

Councilwoman Jennifer Webster left at 10:00 a.m.

Accept the Oneida Seven Generations Corporation FY-2019 3rd quarter report

(01:58:06)

Sponsor: Pete King III, Agent/OSGC

Motion by Ernie Stevens III to accept the Oneida Seven Generations Corporation FY-2019 3rd quarter

report, seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster

Accept the Oneida Airport Hotel Corporation FY-2019 3rd quarter report

(01:58:45)

Sponsor: Robert Barton, President/OAHC

Motion by Daniel Guzman King to accept the Oneida Airport Hotel Corporation FY-2019 3rd quarter

report, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster

Councilwoman Jennifer Webster returned at 10:03 a.m.

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REVISED - D R A F T

ADJOURN (03:12:09)

Motion by Trish King to adjourn at 11:14 a.m., seconded by Ernie Stevens III. Motion carried:

Ayes:

Not Present:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster, David P. Jordan

David P. Jordan, Brandon Stevens, Lisa Summers

Minutes prepared by Teresa Schuman, Information Management Specialist

Minutes approved as presented on

____________________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

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REVISED - D R A F T

Oneida Business Committee

Quarterly Reports Meeting

8:00 AM Thursday, August 29, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

QUARTERLY REPORTS MEETING

Present: Chairman Tehassi Hill, Treasurer Trish King, Secretary Lisa Summers, Council members:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster;

Not Present: Vice-Chairman Brandon Stevens, Secretary Lisa Summers

Arrived at: n/a

Others present: Jo Anne House, Lisa Liggins, Teresa Schuman, Marlene (Minnie) Garvey, Gene

Schubert, Valerie Groleau, Bridget John, Michele Doxtator, Jeanette Ninham, Tonya Webster, Eric Mc

Lester, Sandra Reveles

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:02 a.m.

For the record: Vice-Chairman Brandon Stevens is out on a personal day. Secretary Lisa Summers is

on medical leave.

II.

OPENING (00:00:12)

Opening provided by Councilman Daniel Guzman King.

III.

ADOPT THE AGENDA (00:02:05)

Motion by David P. Jordan to adopt the agenda as presented, seconded by Kirby Metoxen. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

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REVISED - D R A F T

IV.

REPORTS

APPOINTED BOARDS, COMMITTEES, COMMISSIONS

Accept the Anna John Resident Centered Care Community Board FY-2019 3rd

quarter report (00:02:25)

Sponsor: Candace House, Chair/AJRCCC Board

Motion by Ernie Stevens III to accept the Anna John Resident Centered Care Community Board FY2019 3rd quarter report, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Oneida Nation Arts Board FY-2019 3rd quarter report (00:06:01)

Sponsor: Desirae Hill, Chair/ONAB

Motion by Jennifer Webster to accept the Oneida Nation Arts Board FY-2019 3rd quarter report,

seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Oneida Environmental Resource Board FY-2019 3rd quarter report

(00:12:45)

Sponsor: Marlene Garvey, Chair/ERB

Motion by David P. Jordan to accept the Oneida Environmental Resource Board FY-2019 3rd quarter

report, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Oneida Community Library Board FY-2019 3rd quarter (00:16:31)

Sponsor: Dylan Benton, Chair/OCLB

Motion by David P. Jordan to accept the Oneida Community Library Board FY-2019 3rd quarter,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Oneida Police Commission FY-2019 3rd quarter report (00:20:30)

Sponsor: Sandra Reveles, Chair/OPoC

Motion by David P. Jordan to accept the Oneida Police Commission FY-2019 3rd quarter report,

seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

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REVISED - D R A F T

Accept the Oneida Pow-wow Committee FY-2019 3rd quarter report (00:33:38)

Sponsor: Tonya Webster, Chair/OPwC

Motion by David P. Jordan to accept the Oneida Pow-wow Committee FY-2019 3rd quarter report,

seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Oneida Nation Veterans Affairs Committee FY-2019 3rd quarter

report (00:42:56)

Sponsor: Gerald Cornelius, Chair/ONVAC

Motion by David P. Jordan to accept the Oneida Nation Veterans Affairs Committee FY-2019 3rd

quarter report, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Southeastern Wisconsin Oneida Tribal Services Advisory Board FY2019 3rd quarter report (00:50:00)

Sponsor: Kathryn LaRoque, Chair/SEOTS

Motion by Jennifer Webster to accept the Southeastern Wisconsin Oneida Tribal Services Advisory

Board FY-2019 3rd quarter report, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Pardon and Forgiveness Screening Committee FY-2019 3rd quarter

report (00:57:07)

Sponsor: Eric Boulanger, Chair/PFSC

Motion by Jennifer Webster to accept the Pardon and Forgiveness Screening Committee FY-2019 3rd

quarter report, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Item IV.B.4. is addressed next.

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ELECTED BOARDS, COMMITTEES, COMMISSIONS

Accept the Oneida Nation Commission on Aging FY-2019 3rd quarter report

(01:06:26)

Sponsor: Patricia Lassila, Chair/ONCOA

Motion by Jennifer Webster to accept the Oneida Nation Commission on Aging FY-2019 3rd quarter

report, seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Accept the Oneida Gaming Commission FY-2019 3rd quarter report (01:26:06)

Sponsor: Matthew W. Denny, Chair/OGC

Councilman David P. Jordan left at 9:40 a.m.

Motion by Kirby Metoxen to accept the Oneida Gaming Commission FY-2019 3rd quarter report,

seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

Councilman Ernie Stevens III and Councilman Kirby Metoxen left at 9:44 a.m.

Councilman David P. Jordan returned at 9:46 a.m.

Accept the Oneida Land Claims Commission FY-2019 3rd quarter report

Sponsor: Loretta V. Metoxen, Chair/OLCC

Councilman Kirby Metoxen returned at 9:47 a.m.

Motion by David P. Jordan to accept the Oneida Land Claims Commission FY-2019 3rd quarter

report, seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Jennifer Webster

Abstained:

Kirby Metoxen

Not Present:

Brandon Stevens, Ernie Stevens III, Lisa Summers

Councilman Daniel Guzman King left at 9:48 a.m.

Item IV.B.5. is addressed next.

Accept the Oneida Nation School Board FY-2019 3rd quarter report (00:57:22)

Sponsor: Lisa Liggins, Chair/ONSB

Motion by Kirby Metoxen to accept the Oneida Nation School Board FY-2019 3rd quarter report,

seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Jennifer Webster

Not Present:

Brandon Stevens, Lisa Summers

Item IV.B.1. is addressed next.

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REVISED - D R A F T

Accept the Oneida Election Board FY-2019 3rd quarter report (01:47:38)

Sponsor: Vicki Cornelius, Chair/OEB

Motion by Jennifer Webster to accept the Oneida Election Board FY-2019 3rd quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Jennifer Webster

Not Present:

Daniel Guzman King, Brandon Stevens, Ernie Stevens III, Lisa

Summers

Accept the Oneida Land Commission FY-2019 3rd quarter report (01:51:13)

Sponsor: Rae Skenandore, Chair/OLC

Councilman Daniel Guzman King returned at 9:55 a.m.

Motion by Jennifer Webster to accept the Oneida Land Commission FY-2019 3rd quarter report,

seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Jennifer Webster

Not Present:

Brandon Stevens, Ernie Stevens III, Lisa Summers

Councilman David P. Jordan left at 9:55 a.m.

Item IV.C.2. is addressed next.

Accept the Oneida Trust Enrollment Committee FY-2019 3rd quarter report

(02:03:22)

Sponsor: Barbara Webster, Chair/OTEC

Motion by Jennifer Webster to accept the Oneida Trust Enrollment Committee FY -2019 3rd quarter

report, seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

CORPORATE BOARDS

Accept the Bay Bancorporation, Inc. FY-2019 3rd quarter report (02:11:47)

Sponsor: Jeff Bowman, President/Bay Bank

Motion by Jennifer Webster to accept the Bay Bancorporation, Inc. FY-2019 3rd quarter report,

seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Ernie Stevens III, Lisa Summers

Item IV.E.1. is addressed next.

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REVISED - D R A F T

Accept the Oneida ESC Group, LLC. FY-2019 3rd quarter report (01:54:40)

Sponsor: Jacquelyn Zalim, Chair/OESC Board of Managers

Motion by Jennifer Webster to accept the Oneida ESC Group, LLC. FY-2019 3rd quarter report,

seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Ernie Stevens III, Lisa Summers

Councilman Ernie Stevens III returned at 10:00 a.m.

Councilwoman Jennifer Webster left at 10:00 a.m.

Accept the Oneida Seven Generations Corporation FY-2019 3rd quarter report

(01:58:06)

Sponsor: Pete King III, Agent/OSGC

Motion by Ernie Stevens III to accept the Oneida Seven Generations Corporation FY-2019 3rd quarter

report, seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster

Accept the Oneida Airport Hotel Corporation FY-2019 3rd quarter report

(01:58:45)

Sponsor: Robert Barton, President/OAHC

Motion by Daniel Guzman King to accept the Oneida Airport Hotel Corporation FY-2019 3rd quarter

report, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers, Jennifer Webster

Councilwoman Jennifer Webster returned at 10:03 a.m.

Accept the Oneida Golf Enterprise FY-2019 3rd quarter report (02:01:05)

Sponsor: Eric McLester, Agent/OGE

Motion by Kirby Metoxen to accept the Oneida Golf Enterprise FY-2019 3rd quarter report, seconded

by Trish King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

Item IV.B.7. is addressed next.

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REVISED - D R A F T

STANDING COMMITTEES

Accept the Community Development Planning Committee FY-2019 3rd quarter

report (02:32:36)

Sponsor: Ernie Stevens III, Councilman

Motion by Kirby Metoxen to accept the Community Development Planning Committee FY-2019 3rd

quarter report, seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

Accept the Legislative Operating Committee FY-2019 3rd quarter report

(02:46:54)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the Legislative Operating Committee FY-2019 3rd quarter

report, seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

Accept the Quality of Life Committee FY-2019 3rd quarter report (02:56:44)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by Kirby Metoxen to accept the Quality of Life Committee FY-2019 3rd quarter report,

seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

Accept the Finance Committee FY-2019 3rd quarter report (03:05:06)

Sponsor: Trish King, Treasurer

Motion by Ernie Stevens III to accept the Finance Committee FY-2019 3rd quarter report, seconded

by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

Item V. is addressed next.

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REVISED - D R A F T

OTHER

Accept the Oneida Youth Leadership Institute FY-2019 3rd quarter report

(02:27:25)

Sponsor: Richard Elm-Hill, President/OYLI Board of Directors

Motion by Jennifer Webster to accept the Oneida Youth Leadership Institute FY-2019 3rd quarter

report, seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

Not Present:

David P. Jordan, Brandon Stevens, Lisa Summers

Item IV.D.1 is addressed next.

ADJOURN (03:12:09)

Motion by Trish King to adjourn at 11:14 a.m., seconded by Ernie Stevens III. Motion carried:

Ayes:

Not Present:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster

David P. Jordan, Brandon Stevens, Lisa Summers

Minutes prepared by Teresa Schuman, Information Management Specialist

Minutes approved as revised on

____________________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Quarterly Reports Meeting Minutes

Page 8 of 8

August 29, 2019

Public Packet

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Approve the September 11, 2019, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

09/25/19

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☒ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☐ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

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DRAFT

Oneida Business Committee

Executive Session

8:30 AM Tuesday, September 10, 2019

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, September 11, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EXECUTIVE SESSION

Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers,

Councilmembers: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III;

Not Present: Chairman Tehassi Hill, Jennifer Webster;

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins;

REGULAR MEETING

Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council

members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III;

Not Present: Chairman Tehassi Hill; Jennifer Webster

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins, Teresa Schuman,

Kim Nishimoto, Loretta V. Metoxen, Marsha Danforth, Melissa Johnson, Clorissa Santiago, April

Skenandore;

CALL TO ORDER

Meeting called to order by Vice-Chairman Brandon Stevens at 8:32 a.m.

For the record: Chairman Tehassi Hill is out on personal time. Councilwoman Jennifer Webster is on

approved travel attending the 2019 Self-Governance Professionals Workshop & Strategy Session in

Maricopa, AZ.

II.

OPENING (00:00:10)

Opening provided by Councilman Daniel Guzman King.

III.

ADOPT THE AGENDA (00:03:07)

Motion by Lisa Summers to adopt the agenda with one (1) addition in executive session1 [item XIII.C.7.

Discuss funding for the Pulaski Community Public School Language Program], seconded by Ernie

Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Secretary Summers in advertently referenced this addition as an open session item.

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IV.

OATH OF OFFICE (00:05:51)

Oaths of office administered by Secretary Lisa Summers. Kim Nishimoto and Loretta V. Metoxen were

present.

Oneida Police Commission - Kim Nishimoto

Sponsor: Lisa Summers, Secretary

Oneida Trust Enrollment Committee - Loretta V. Metoxen

Sponsor: Lisa Summers, Secretary

MINUTES

Approve the August 28, 2019, regular Business Committee meeting minutes

(00:08:42)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the August 28, 2019, regular Business Committee meeting

minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Approve the August 29, 2019, quarterly reports Business Committee meeting

minutes (00:09:06)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the August 29, 2019, quarterly reports Buisness Committee

meeting minutes, seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

VI.

RESOLUTIONS

Adopt resolution entitled Urban Forestry Catastrophic Storm Grant Program

Wisconsin Department of Natural Resources (09:26:09)

Sponsor: Debbie Thundercloud, General Manager

Motion by Kirby Metoxen to adopt resolution 09-11-19-A Urban Forestry Catastrophic Storm Grant

Program Wisconsin Department of Natural Resources with one (1) change [correct lines 31-32,

removing "an official or employee" and inserting "General Manager or designee"], seconded by Ernie

Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

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Adopt resolution entitled Authorizing the Transfer of General Self-Governance

Funds to Head Start to Purchase Playground Equipment (00:12:55)

Sponsor: Jennifer Webster, Councilwoman

Motion by Lisa Summers to adopt resolution 09-11-19-B Authorizing the Transfer of General SelfGovernance Funds to Head Start to Purchase Playground Equipment, seconded by Kirby Metoxen.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Enter e-poll results into the record regarding the adopted BC resolution # 09-0419-A (00:13:43)

Sponsor: Lisa Summers, Secretary

Motion by Ernie Stevens III to enter the e-poll results into the record regarding the adopted BC

resolution # 09-04-19-A, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

VII.

APPOINTMENTS

Determine next steps regarding two (2) vacancies - Oneida Community Library

Board (00:14:13)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to accept the selected the applicant and appoint Waehiahoweh Maracle to

the Oneida Community Library Board with a term ending February 28, 2022, and post the remaining

vacancy, seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Determine next steps regarding three (3) vacancies - Oneida Environmental

Resource Board (00:15:07)

Sponsor: Lisa Summers, Secretary

Motion by Ernie Stevens III to accept the selected the applicants and appoint Gerald Jordan, Weldon

Hawk, and Angela Parks, to the Oneida Environmental Resource Board with terms ending September

30, 2022, seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Lisa Summers

Abstained:

David P. Jordan

Not Present:

Tehassi Hill, Jennifer Webster

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VIII.

STANDING COMMITTEES

FINANCE COMMITTEE

Approve the September 3, 2019, regular Finance Committee meeting minutes

(00:15:43); (01:02:20)

Sponsor: Trish King, Treasurer

Motion by Lisa Summers to defer the September 3, 2019, regular Finance Committee meeting minutes

to the September 25, 2019, regular Business Committee meeting, seconded by Ernie Stevens III.

Motion withdrawn.

Motion by Lisa Summers to table to the end of the meeting with the condition that if they're not here to

be considered as a addition [handout], that they get deferred to the next meeting, seconded by Ernie

Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Item VIII.B.1. is addressed next.

Motion by Trish King to take this item from the table, seconded by Daniel Guzman King. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Motion by Daniel Guzman King to approve the September 3, 2019, regular Finance Committee

meeting minutes, seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III

Abstained:

Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

After the vote to approve, item XIII.A.1. is addressed next.

LEGISLATIVE OPERATING COMMITTEE

Treasurer Trish King left at 8:47 a.m.

Accept the August 7, 2019, regular Legislative Operating Committee meeting

minutes (00:17:20)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the August 7, 2019, regular Legislative Operating Committee

meeting minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens

III, Lisa Summers

Not Present:

Tehassi Hill, Trish King, Jennifer Webster

Treasurer Trish King returned at 8:48 a.m.

Oneida Business Committee

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Adopt Family Court law rule # 1 – Family Court Rules (00:17:46)

Sponsor: David P. Jordan, Councilman

Motion by Ernie Stevens III to repeal Chapter 807 Family Court Rules; and to adopt and immediately

implement Family Court law rule # 1 – Family Court Rules, seconded by Lisa Summers. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

For the record: Secretary Lisa Summers stated we did an immediate implementation because it's a

change of codification; the rule already exists, so it's just retitling it and putting it in its appropriate

chapter in the code of laws

IX.

UNFINISHED BUSINESS

Accept the storm and power outage impact reports from the Direct Reports to the

Business Committee (00:22:39)

Sponsor: Tehassi Hill, Chairman

Motion by Trish King to accept the storm and power outage impact reports from the Direct Reports to

the Business Committee as information, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Motion by Daniel Guzman King to direct the Emergency Management Director, the Intergovernmental

Affairs Director, the General Manager to bring the emergency management plans for the winter season

to the October 15, 2019, Business Committee work session for review by the Business Committee and

communicated throughout the organization, seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

For the record: Councilman David P. Jordan requested that General Manager include the

Comprehensive Housing Division Director in the discussion.

Motion by Trish King to support the request to reinstate the Oneida Nation Emergency Planning

Committee, seconded by Kirby Metoxen. Motion withdrawn.

Motion by Trish King to direct the Emergency Management Director, the Intergovernmental Affairs

Director, and the General Manager to bring a recommendation on how to implement the Oneida Nation

Emergency Planning Committee and/or alternative response teams to the October 15, 2019, Business

Committee work session, seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

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Accept the storm and power outage impact reports from the Direct Reports to the

General Manager (00:38:03)

Sponsor: Debbie Thundercloud, General Manager

Motion by David P. Jordan to accept the storm and power outage impact reports from the Direct

Reports to the General Manager as information, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

TRAVEL REPORTS

Approve the travel report - Vice-Chairman Brandon Stevens - Haskell Indian

Nations University Presidential Interviews - Lawrence, KS - May 28-30th, 2019

(00:38:42)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by David P. Jordan to approve the travel report from Vice-Chairman Brandon Stevens for the

Haskell Indian Nations University Presidential Interviews in Lawrence, KS - May 28-30th, 2019,

seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Approve the travel report - Councilman Daniel Guzman King - 2019 Tribal Lands &

Environmental Forum - Palm Springs, CA - August 19-22, 2019 (00:39:19)

Sponsor: Daniel Guzman King, Councilman

Motion by Kirby Metoxen to approve the travel report from Councilman Daniel Guzman King for the

2019 Tribal Lands & Environmental Forum in Palm Springs, CA - August 19-22, 2019, seconded by

David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Abstained:

Daniel Guzman King

Not Present:

Tehassi Hill, Jennifer Webster

For the record: Travel expenses covered by an environmental grant.

XI.

TRAVEL REQUESTS

Retro-approve the travel request - Vice-Chairman Brandon Stevens - Two (2)

events (00:40:01)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by David P. Jordan to retro-approve the travel request from Vice-Chairman Brandon Stevens

for the Frank LaMere Native American Presidential Forum in Sioux City, IA - August 19-20, 2019, and

for the Senate Health Committee hearing in Madison, WI - August 21, 2019, noting incorrect dates are

on the request form, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen

Abstained:

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

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Approve the travel request - Chairman Tehassi Hill and Vice-Chairman Brandon

Stevens - 2019 NIGA Mid-Year conference - Uncasville, CT - September 17-19, 2019

(00:42:42)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by Lisa Summers to approve the travel request for up to three (3) Business Committee

members to attend the 2019 NIGA Mid-Year conference in Uncasville, CT - September 17-19, 2019,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Approve the travel request - Councilman Ernie Stevens III - AISES National

Conference - Milwaukee, WI - October 9-13, 2019 (00:43:40)

Sponsor: Ernie Stevens III, Councilman

Motion by Trish King to accept the travel request to attend the AISES National Conference in

Milwaukee, WI - October 9-13, 2019, as information2, noting Councilman Ernie Stevens III is planning

to attend, seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Lisa Summers

Abstained:

Ernie Stevens III

Not Present:

Tehassi Hill, Jennifer Webster

XII.

NEW BUSINESS

Set the date for the 2020 Special Election (00:46:57)

Sponsor: Vicki Cornelius, Chair/Oneida Election Board

Councilman Daniel Guzman King left at 9:23 a.m.

Motion by David P. Jordan to set the 2020 Special Election on January 25, 2020, seconded by Lisa

Summers. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III

Opposed:

Lisa Summers

Not Present:

Tehassi Hill, Daniel Guzman King, Jennifer Webster

Motion by Lisa Summers to request the Oneida Election Board to bring back emergency cancellation

procedures, seconded by Trish King. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

Tehassi Hill, Daniel Guzman King, Jennifer Webster

For the record: Secretary Lisa Summers stated I just have to state for the record why I opposed. It's

not becuase you guys didn't do a good job doing your dates and things like that; but when I read that

section for vacancies. it states that if there's more than 270 days remaining in the term of office, there

has to be a special election and that's very clear. It doesn't say when that special election has to

occur. So in my mind, it is appropriate for us to have the vacancy included on the General Election

ballot. It's not necessary.

2 At the August 28, 2019, regular Business Committee meeting, action was taken to approve up to three (3) Business

Committee members to attend this event.

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Approve a limited waiver of sovereign immunity - Motorola Solutions Inc. Shared

Agency agreement - file # 2019-0585 (00:53:54)

Sponsor: Sandra Reveles, Chair/Oneida Police Commission

Motion by David P. Jordan to approve a limited waiver of sovereign immunity for the Motorola

Solutions Inc. Shared Agency agreement - file # 2019-0585, seconded by Trish King. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

Tehassi Hill, Daniel Guzman King, Jennifer Webster

Support the transfer of ownership and maintenance costs of the Water Circle

Place outdoor warning siren to the Oneida Nation from Outagamie County

(00:55:17)

Sponsor: Kaylynn Gresham, Director/Emergency Management

Motion by Lisa Summers to support the transfer of ownership and maintenance costs of the Water

Circle Place outdoor warning siren to the Oneida Nation from Outagamie County, seconded by David

P. Jordan. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa

Summers

Not Present:

Tehassi Hill, Daniel Guzman King, Jennifer Webster

Councilman Daniel Guzman King returned at 9:29 a.m.

Re-post four (4) vacancies - Oneida Youth Leadership Institute Board of Directors

(00:57:04)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to re-post four (4) vacancies for the Oneida Youth Leadership Institute Board

of Directors, seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Amendment to the main motion by Lisa Summers to send the Oneida Youth Leadership

Institute Board of Directors vacancies to the October 15, 2019, Business Committee work

session to discuss the qualifications, seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

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Re-post one (1) vacancy - Oneida Nation Arts Board (00:58:52)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to re-post one (1) vacancy for the Oneida Nation Arts Board, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Amendment to the main motion by Lisa Summers to send the Oneida Nation Arts Board

vacancies to the October 15, 2019, Business Committee work session for discussion,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Re-post two (2) vacancies - Oneida Land Claims Commission (01:01:22)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to send the Oneida Land Claims Commission vacancies to the October 15,

2019, Business Committee work session for discussion, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Item VIII.A.1. is re-addressed next.

XIII.

EXECUTIVE SESSION

REPORTS

Accept the Chief Counsel report (01:04:56)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lisa Summers to accept the Chief Counsel report dated September 9, 2019, seconded by

David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Motion by Lisa Summers to approve the amended agreement between the Oneida Nation and

Outagamie County regarding 1983 Wisconsin Act 161, noting the language regarding advocating for

the High Cost Pool fund may be removed and this document can be moved to open session, seconded

by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

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AUDIT COMMITTEE

Accept the July 25, 2019, regular Audit Committee meeting minutes (01:05:44)

Sponsor: David P. Jordan, Councilman

Motion by Trish King to accept the July 25, 2019, regular Audit Committee meeting minutes, seconded

by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Accept the Drop and Count compliance audit and lift the confidentiality

requirement (01:06:00)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the Drop and Count compliance audit and lift the confidentiality

requirement, seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Accept the EZ Baccarat rules of play compliance audit and lift the confidentiality

requirement (01:06:20)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Summers to accept the EZ Baccarat rules of play compliance audit and lift the

confidentiality requirement, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Accept the Player Tracking compliance audit and lift the confidentiality

requirement (01:06:40)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the Player Tracking compliance audit and lift the confidentiality

requirement, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Accept the Slots compliance assurance audit and lift the confidentiality

requirement (01:07:00)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Summers to accept the Slots compliance assurance audit and lift the confidentiality

requirement, seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

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Accept the Final Central Purchasing performance assurance audit and lift the

confidentiality requirement (01:07:21)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the Final Central Purchasing performance assurance audit and lift

the confidentiality requirement, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Accept the Final Gaming Support Administration performance assurance audit

and lift the confidentiality requirement (01:07:40)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the Final Gaming Support Administration performance assurance

audit and lift the confidentiality requirement, seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Accept the Final Oneida Pharmacy performance assurance audit and lift the

confidentiality requirement (01:07:56)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the Final Oneida Pharmacy performance assurance audit and lift

the confidentiality requirement, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Accept the Final Printing/Mail Center performance assurance audit and lift the

confidentiality requirement (01:08:19)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Summers to accept the Final Printing/Mail Center performance assurance audit and lift

the confidentiality requirement, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

10.

Accept the Final Anna John Resident Centered Care Community Board

performance assurance audit and lift the confidentiality requirement (01:08:40)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the Final Anna John Resident Centered Care Community Board

performance assurance audit and lift the confidentiality requirement, seconded by David P. Jordan.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Oneida Business Committee

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11.

Accept the Final Oneida Nation Arts Board performance assurance audit and

lift the confidentiality requirement (01:09:01)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Summers to accept the Final Oneida Nation Arts Board performance assurance audit

and lift the confidentiality requirement, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

12.

Accept the Final Oneida Nation School Board performance assurance audit

and lift the confidentiality requirement (01:09:20)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the Final Oneida Nation School Board performance assurance

audit and lift the confidentiality requirement, seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

NEW BUSINESS

Approve the attorney contract - Stenzel Law Office - file # 2019-0927 (01:10:00)

Sponsor: Tehassi Hill, Chairman

Motion by David P. Jordan to approve the attorney contract for Stenzel Law Office - file # 2019-0927,

seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Adopt resolution entitled Naming Individuals as Authorized Persons for

SagePoint Accounts (01:10:26)

Sponsor: Larry Barton, Chief Financial Officer

Motion by Trish King to defer the resolution entitled Naming Individuals as Authorized Persons for

SagePoint Accounts to the September 25th, 2019, regular Business Committee meeting, seconded by

David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Approve a limited waiver of sovereign immunity - LexisNexis-Time Matters

Annual Maintenance agreement - file # 2019-0967 (01:10:53)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lisa Summers to approve a limited waiver of sovereign immunity for the LexisNexis-Time

Matters Annual Maintenance agreement - file # 2019-0967, seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Oneida Business Committee

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Review applications for two (2) vacancies - Oneida Community Library Board

(01:11:20)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to accept the discussion regarding the application(s) for the Oneida

Community Library Board as information, seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Review applications for three (3) vacancies- Oneida Environmental Resource

Board (01:11:40)

Sponsor: Lisa Summers, Secretary

Motion by Trish King to accept the discussion regarding the application(s) for the Oneida

Environmental Resource Board as information, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,

Lisa Summers

Abstained:

David P. Jordan

Not Present:

Tehassi Hill, Jennifer Webster

Enter e-poll results into the record regarding the approved first amendment to

the Emergency Medical Services Agreement between the Oneida Nation and the

Village of Ashwaubenon (01:12:01)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to enter the e-poll results into the record regarding the approved first

amendment to the Emergency Medical Services Agreement between the Oneida Nation and the

Village of Ashwaubenon, seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Discuss funding for the Pulaski Community Public School Language Program

(01:12:34)

Sponsor:

Motion by Daniel Guzman King to direct the General Manager to bring additional options for resource

support for the program to the September 25, 2019, regular Business Committee meeting, seconded

by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 13 of 14

September 11, 2019

Public Packet

49 of 383

DRAFT

XIV.

ADJOURN (01:13:05)

Motion by David P. Jordan to adjourn at 9:45 a.m., seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III, Lisa Summers

Not Present:

Tehassi Hill, Jennifer Webster

Minutes prepared by Teresa Schuman, Information Management Specialist

Minutes approved as presented on

____________________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 14 of 14

September 11, 2019

Public Packet

50 of 383

Oneida Business Committee Agenda Request

Adopt resolution entitled Interpreting “Fiscal Impact Statement” in the Legislative Procedures Act

1. Meeting Date Requested:

09 / 25 / 19

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

Adopt resolution titled, "Interpreting "Fiscal Impact Statement" in the Legislative Procedures Act"

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Statement of Effect

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, LOC Chairman

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Clorissa N. Santiago, LRO Staff Attorney

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

51 of 383

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # __________

Interpreting “Fiscal Impact Statement” in the Legislative Procedures Act

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Legislative Procedures Act was adopted by the General Tribal Council by resolution

GTC-01-07-13-A, to update and improve the procedures for adoption of laws that were

originally set forth in the Administrative Procedures Act, adopted by resolution GTC-08-1991-A; and

WHEREAS,

the Legislative Operating Committee has created procedural mechanisms to implement

the Legislative Procedures Act which focus on generating public and organizational input

and transparency assisted by new technologies; and

WHEREAS,

since adoption of the Legislative Procedures Act in 2013 through resolution GTC-01-0713-A and implementation, the Legislative Operating Committee has identified areas

requiring clarification, but do not rise to the level of requiring amendments to the law; and

WHEREAS,

the Legislative Procedures Act requires the development of a “Fiscal Impact Statement” by

any affected agency or person directed by the Legislative Operating Committee, or by the

Finance Department if requested by the Legislative Operating Committee, as set forth in

section 109.6-1; and

WHEREAS,

the Legislative Operating Committee has determined that having a Fiscal Impact Statement

for the public meeting is important in providing transparency and understanding the full

impact of a proposed law while at the same time recognizing the limited resources and time

available from the Finance Department to develop multiple Fiscal Impact Statements; and

WHEREAS,

the Legislative Operating Committee had determined that Fiscal Impact Statements from

affected agencies and affected individuals will be informative during the legislative

development processes and public meeting discussion; and

WHEREAS,

the Treasurer, in accordance with resolution GTC-07-11-94-A and her supervision of the

Chief Financial Officer, and after discussion with the Finance Department, has directed

that the Chief Financial Officer shall submit a Fiscal Impact Statement to the Legislative

Operating Committee within ten (10) business days of final approval of draft legislation by

the Legislative Operating Committee; and

Public Packet

52 of 383

BC Resolution # __________

Interpreting “Fiscal Impact Statement” in the Legislative Procedures Act

Page 2 of 2

WHEREAS,

upon final approval of draft legislation, the Legislative Operating Committee shall send a

memorandum to the Finance Department notifying the Finance Department of the final

approval and that a Fiscal Impact Statement is required to be submitted within ten (10)

business days; and

WHEREAS,

the Legislative Operating Committee, for purposes of standardizing the interpretation of the

Legislative Procedures Act requests adoption of this interpretive resolution; and

NOW THEREFORE BE IT RESOLVED, that the Fiscal Impact Statement required in section 109.6-1 of the

Legislative Procedures Act shall be applied as follows.

1. Fiscal Impact Statements for use during a Public Meeting. When developing a Fiscal Impact

Statement for proposed legislation to be used in a public meeting scheduled under section 109.82, the Legislative Operating Committee may use any agency who:

a. may receive funding if the legislation is enacted;

b. may administer a program if the legislation is enacted; or

c. may have financial information concerning the subject matter of the legislation.

2. Fiscal Impact Statements for use during Consideration of Adoption. When developing a Fiscal

Impact Statement for proposed legislation to be used for presentation to and consideration of

adoption by the Oneida Business Committee and/or General Tribal Council under section 109.9-1,

the Finance Department shall, within ten (10) business days of final approval of draft legislation by

the Legislative Operating Committee, send a Fiscal Impact Statement to the Legislative Operating

Committee for inclusion in adoption materials.

Public Packet

53 of 383

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155‐0365

Oneida‐nsn.gov

Statement of Effect

Interpreting “Fiscal Impact Statement” in the Legislative Procedures Act

Summary

The resolution further interprets the Legislative Procedures Act to clarify and limit who the

Legislative Operating Committee may direct develop a fiscal impact statement for use during a

public meeting and for use during the consideration of adoption.

Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office

Date: September 16, 2019

Analysis by the Legislative Reference Office

The Legislative Procedures Act (LPA) was adopted by the General Tribal Council through

resolution GTC-01-07-13-A for the purpose of providing a process for the adoption of laws of the

Nation. [1 O.C. 109.1-1].

The LPA requires that all legislation, except emergency legislation, be accompanied by a fiscal

impact statement, which is an estimate of the total fiscal year financial effects associated with the

legislation. [1 O.C. 109.6-1, 109.3-1(c)]. The LPA delegates authority to the Legislative Operating

Committee to direct an agency to submit a fiscal impact statement. The Legislative Operating

Committee may direct that a fiscal impact statement be prepared by any agency who may receive

funding if the legislation is enacted, may administer a program if the legislation is enacted, or may

have financial information concerning the subject matter of the legislation; or the Finance

Department. [1 O.C. 109.6-1].

If the fiscal impact statement is available, then the LPA requires that it be posted on the Oneida

public meeting materials ten (10) business days before a public meeting is held. [1 O.C. 109.8-2].

All fiscal impact statements are required to be completed and submitted to the Legislative

Operating Committee prior to any legislation being forwarded to the Oneida Business Committee

for consideration of adoption. [1 O.C. 109.6-2]. The fiscal impact statement provides information

on what the potential adoption of the proposed legislation will cost the Nation, so that the Oneida

Business Committee and/or General Tribal Council can determine if adoption of the proposed

legislation is in the best interest of the Nation.

This resolution provides that the Legislative Operating Committee is seeking clarification on the

interpretation of the use of fiscal impact statements within the LPA. This resolution clarifies and

limits who the Legislative Operating Committee may direct complete a fiscal impact statement for

use during a public meeting and for use during the final adoption of legislation so that the process

can be standardized and handled in a consistent manner.

Page 1 of 2

Public Packet

54 of 383

This resolution provides that when developing a fiscal impact statement for use during a public

meeting the Legislative Operating Committee direct the fiscal impact statement be submitted by

any agency who may receive funding if the legislation is enacted, may administer a program if the

legislation is enacted, or may have financial information concerning the subject matter of the

legislation.

The resolution then provides that when developing a fiscal impact statement for proposed

legislation to be used for presentation to and consideration of adoption by the Oneida Business

Committee and/or General Tribal Council under section 109.9-1, the Finance Department shall,

within ten (10) business days of final approval of draft legislation by the Legislative Operating

Committee, send a Fiscal Impact Statement to the Legislative Operating Committee for inclusion

in adoption materials.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 2 of 2

Public Packet

55 of 383

Oneida Business Committee Agenda Request

Adopt resolution entitled Updated Statement of Effect Requirement for Resolutions

1. Meeting Date Requested:

09 / 25 / 19

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

Adopt resolution titled, "Updated Statement of Effect Requirement for Resolutions"

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Statement of Effect

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, LOC Chairman

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Clorissa N. Santiago, LRO Staff Attorney

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

56 of 383

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # __________

Updated Statement of Effect Requirement for Resolutions

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Business Committee adopted resolution BC-08-16-95-A to set forth the

requirement that all resolutions proposed for adoption by the Oneida Business Committee

or the Oneida General Tribal Council be accompanied by a statement of effect processed

through the Legislative Operating Committee; and

WHEREAS,

resolution BC-08-16-95-A provided that resolutions for grant applications, Indian Health

Service resolutions, or resolutions for the purchase of land or placement of land into trust

status would be exempt from the requirement of a statement of effect; and

WHEREAS,

the Oneida Business Committee determined resolution BC-08-16-95-A needed to be

amended to update the list of exemptions to reflect present circumstances and include the

role of the Legislative Reference Office in the process; and

WHEREAS,

the Oneida Business Committee adopted resolution BC-06-01-05-C to amend resolution

BC-08-16-95-A and provide that the nominations of individuals to serve on a particular

entity and resolutions in support of a cause or individual would also be exempt from the

statement of effect requirement; and

WHEREAS,

resolution BC-06-01-05-C also provided that the Legislative Reference Office, and not the

Legislative Operating Committee, would process the statement of effect for all resolutions

proposed for adoption by the Oneida Business Committee or General Tribal Council that

did not meet an exemption for a statement of effect; and

WHEREAS,

a statement of effect explains the impact adopting a resolution would have on the laws and

policies of the Nation; and

WHEREAS,

it is necessary to update the list of exemptions to the statement of effect requirement to

reflect present circumstances; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee hereby amends resolution

BC-06-01-05-C to provide that all resolutions proposed for adoption by the Oneida Business Committee or

the Oneida General Tribal Council shall be accompanied by a statement of effect developed by the

Public Packet

57 of 383

BC Resolution # __________

Updated Statement of Effect Requirement for Resolutions

Page 2 of 2

Legislative Reference Office, unless the resolution meets one of the following exemptions to the

requirement for a statement of effect:

 Resolutions for grant applications;

 Self-governance contract or compact resolutions;

 Resolutions for the purchase of land or placement of land into trust status;

 Nominations of individuals to serve on a particular entity;

 Resolutions in support of a cause or individual;

 Resolutions regarding the pardoning or forgiveness of any member of the Nation; and

 Resolutions which approve a contract or agreement accompanied by a legal review.

BE IT FINALLY RESOLVED, that the Oneida Business Committee may direct that a statement of effect be

drafted notwithstanding the exemptions stated in the previous resolve.

Public Packet

58 of 383

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155‐0365

Oneida‐nsn.gov

Statement of Effect

Updated Statement of Effect Requirement for Resolutions

Summary

The resolution amends resolution BC-06-01-05-C to update what types of resolutions are exempt

from the requirement to be accompanied by a statement of effect developed by the Legislative

Reference Office for adoption by the Oneida Business Committee or the Oneida General Tribal

Council.

Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office

Date: September 16, 2019

Analysis by the Legislative Reference Office

The requirement that a resolution proposed for adoption by the Oneida Business Committee or

General Tribal Council be accompanied by a statement of effect was first adopted through

resolution BC-08-16-95-A. Resolution BC-08-16-95-A provided that resolutions for grant

applications, Indian Health Service resolutions, or resolutions for the purchase of land or

placement of land into trust status would be exempt from the requirement of a statement of effect.

Then the Oneida Business Committee amended resolution BC-08-16-95-A through the adoption

of resolution BC-06-01-05-C to provide that the nominations of individuals to serve on a particular

entity and resolutions in support of a cause or individual would also be exempt from the statement

of effect requirement.

It is again necessary to update the list of exemptions to the statement of effect requirement to

reflect present circumstances.

This resolution amends resolution BC-06-01-05-C to provide additional types of resolutions that

should be exempt from the requirement to be accompanied by a statement of effect. This resolution

now provides that all resolutions proposed for adoption by the Oneida Business Committee or the

Oneida General Tribal Council shall be accompanied by a statement of effect developed by the

Legislative Reference Office, unless the resolution meets one of the following exemptions to the

requirement for a statement of effect:

 Resolutions for grant applications;

 Self-governance contract or compact resolutions;

 Resolutions for the purchase of land or placement of land into trust status;

 Nominations of individuals to serve on a particular entity;

 Resolutions in support of a cause or individual;

 Resolutions regarding the pardoning or forgiveness of any member of the Nation; and

 Resolutions which approve a contract or agreement accompanied by a legal review.

Page 1 of 2

Public Packet

59 of 383

This resolution also allows the Oneida Business Committee to direct that a statement of effect be

drafted notwithstanding the exemptions provided.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 2 of 2

Public Packet

60 of 383

Oneida Business Committee Agenda Request

Adopt resolution entitled Support for Great Law Recital in Oneida Nation Community

1. Meeting Date Requested:

09 / 25 / 19

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

Adopt resolution titled, "Support for Great Law Recital in Oneida Nation Community"

3. Supporting Materials

Report

Resolution

Contract

Other:

1. SOE

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Trish King, Treasurer

Primary Requestor/Submitter:

Brian A Doxtator, Executive Assistant to Tribal Treasurer

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Public Packet

61 of 383

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

Background:

At the August 20, 2019, OBC Work Session, the OBC met with Oneida Clan Representatives regarding the Great

Law Recital to tentatively occur in calendar year 2020. The Clan Representatives provided an overview of the

great law events to occur over a 7 day period. Members of the OBC voiced their support, requested a resolution

stating their support, and deemed Chairman Tehassi Tasi Hill and Treasurer Patricia King as main contacts

between the Clan Representatives and the Tribal operations.

Requested Motion:

Motion to adopt resolution titled, "Support for Great Law Recital in Oneida Nation Community."

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

Oneida Nation

62 of 383

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Support for Great Law Recital in Oneida Nation Community

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Nation has a long standing historical and current belief in the Kayantla’?kowa,

Great Law of Peace, as a member of the Confederacy and as a governmental entity which

strives to imbue the teachings of the Great Law of Peace in all its systems and decisions;

and

WHEREAS,

in 2011 Onondaga members asked Tom Porter if he would conduct a recital of the Great

Law of Peace, who in turn suggested that this would be better coming from the younger

learners; and

WHEREAS,

Chiefs and titleholders searched amongst their communities for speakers and ultimately

the request was made to the Grand Council for a recital of the Great Law of Peace in a

manner consistent with Wampum # 63; and

WHEREAS,

the Grand Council agreed to host a recital of the Great Law of Peace for five years, with

each original member Nations hosting the recital – Oneida, Onondaga,

Akwesasne/Mohawks, Sour Springs/Cayuga, and then Tonawanda/Senecas; and

WHEREAS,

after each recital, members of the host community met to discuss the recital and receive

feedback and insights for improvements to the recital (recital committees) – for example,

the recent recital by the Mohawk community at Kahnaw@:ke celebrated almost zero-waste

at the conclusion of the recital; and

WHEREAS,

the Grand Council received requests to continue the recital at additional communities and

approved another five-year period, beginning with Tuscaroras, then Kahnaw@:ke /Mohawks;

and

WHEREAS,

there are members of the Oneida Nation community who wish to host a Great Law of Peace

recital, to form a recital committee, and have requested clan representatives convey this

request to the Grand Council; and

WHEREAS,

the clan representatives met with the Oneida Business Committee at a work session

requesting support of the Oneida Nation for hosting the Great Law of Peace recital; and

WHEREAS,

the Oneida Business Committee, knowing the responsibilities under the Great Law of

Peace combined with their responsibilities under the Constitution of the Oneida Nation,

believes that a recital of the Great Law of Peace will help to bring the community together

Public Packet

63 of 383

BC Resolution _____________

Support for Great Law Recital in Oneida Nation Community

Page 2 of 2

and remind ourselves of our responsibilities to each other, the community, and the earth;

and

WHEREAS,

the Oneida Business Committee believes that employees within the organization can

benefit from hearing and experiencing the recital of the Great Law of Peace; and

WHEREAS,

the Oneida Business Committee supports recital committee members, as they follow

proper protocols, in making their request to host a recital of the Great Law of Peace; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee declares its support for the clan

representatives to form a recital committee and to present its request to the Grand Council host a recital of

the Kayantla’?kowa at the Oneida Nation Reservation.

BE IT FURTHER RESOLVED, business units of the Oneida Nation are encouraged to provide support for

the recital committee and shall work through the Chairman Hill’s office and Treasurer King’s office, to ensure

proper reporting, and avoiding duplication of efforts, and to allow the recital committee to have an accurate

understanding of the needs for hosting a recital.

BE IT FINALLY RESOLVED, that upon approval by the Grand Council to host a Kayantla’?kowa recital at

the Oneida Nation Reservation, the Oneida Business Committee will request its direct reports to provide

concepts of how Oneida Nation employees could participate in hearing the recital as a learning experience

to better understand their responsibilities to the Oneida Nation and community.

Public Packet

64 of 383

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155‐0365

Oneida‐nsn.gov

Statement of Effect

Support for Great Law Recital in Oneida Nation Community

Summary

The resolution supports the clan representatives to form a recital committee and to present its

request to the Grand Council to host a recital of the Kayantla’?kowa, Great Law of Peace, at the

Oneida Nation Reservation.

Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office

Date: September 16, 2019

Analysis by the Legislative Reference Office

Through this resolution the Oneida Business Committee declares its support for the clan

representatives to form a recital committee and to present its request to the Grand Council to host

a recital of the Kayantla’?kowa, Great Law of Peace, at the Oneida Nation Reservation.

The resolution also encourages the business units of the Nation to provide support for the recital

committee by working through Chairman Hill’s office and Treasurer King’s office to ensure proper

reporting, avoid duplication of efforts, and to allow the recital committee to have an accurate

understanding of the needs for hosting a recital.

Additionally, the resolution highlights that upon approval by the Grand Council to host a

Kayantla’?kowa recital at the Oneida Nation Reservation, the Oneida Business Committee will

request its direct reports to provide concepts of how employees of the Nation could participate in

hearing the recital as a learning experience to better understand their responsibilities to the Nation

and community.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 1 of 1

Public Packet

65 of 383

Oneida Business Committee Agenda Request

Adopt resolution entitled Triennial Goals – Trending – Budget Guidance Resolution

1. Meeting Date Requested:

09 / 25 / 19

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

Adopt resolution titled, "Triennial Goals - Trending - Budget Guidance Resolution"

3. Supporting Materials

Report

Resolution

Contract

Other:

1. SOE

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Trish King, Treasurer

Primary Requestor/Submitter:

Brian A Doxtator, Executive Assistant to Tribal Treasurer

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Public Packet

66 of 383

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

Background:

The CFO and Assistant CFO provided a brief analysis of the positive variance reported in the monthly Treasurer's

reports. Our ability to close the gap within our budgeting process is one of the four (4) objectives listed within

our fiscal path to implement a Value-Based Budgeting System via a triennial strategic planning process.

And, in accordance with Chapter 121, Section 121.5-4, the CFO shall develop the necessary guidelines, including

specific deadlines, to be followed by the managers that have budget responsibility in preparing and submitting

proposed budgets.

Personnel costs comprise approximately 36% of the budget, and Finance completed a four (4) year trend analysis

on some major lines showing a $2 million positive variance.

At the August 20, 2019, OBC Work Session, the OBC decided to support drafting a resolution so that the budget

guidelines occur annually providing budgeting guidance; versus a memorandum.

Requested Motion:

Motion to adopt resolution titled, "Triennial Goals - Trending - Budget Guidance Resolution."

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

Oneida Nation

67 of 383

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Triennial Goals – Trending – Budget Guidance Resolution

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,

in 1982, with the beginning stages of the growth of the Oneida Nation, the General Tribal

Council adopted resolution # GTC-02-25-82 which, in part, directed the Oneida Business

Committee to “become actively involved in the legislative areas such as…Fiscal Plan,”

Resolve #1; and

WHEREAS,

in 1990, the General Tribal Council adopted position descriptions for each officer of the

Oneida Business Committee and Council member, specifically regarding the Treasurer,

“review annual budgets and make recommendations to the Business Committee, who shall

submit an annual budget to the Oneida General Tribal Council,” section 9; and

WHEREAS,

the Oneida Business Committee and Treasurers have used the budget and the budgeting

process to identify programming activities (BC-04-25-18-I, Creation of the Business Unit

‘Tribal Action Plan – Office’ in the FY2018 Budget and Approving Allocation of Funding for

that Purpose), resolutions adopting the budgets that set specific goals or limitations(BC09-23-09-C, Emergency Resolution Implementing Spending Restrictions and Cost

Containment For the First Six Months of FY 2010 (FY 2010-2012 Budget Cycle)),

resolutions that set cost containment or cash flow management in times of financial distress

or expense stress (BC-10-09-13-D, Emergency Cost Containment and Spending

Restrictions Due to Federal Government Shut Down; and BC-09-24-14-A, Continuing

Resolution for Fiscal Year 2015), three-year budgeting to develop the goal of trending and

projections (BC-02-11-15-A, Budget Initiative for Fiscal Years 2016, 2017, and 2018; and,

BC-10-25-17-E. Fiscal Years 2019 to 2022 Triennial Strategic Fiscal Planning), resolutions

that identified goals and strategies by Oneida Business Committee for their term of office

(BC-09-27-17-B, Setting the Strategic Plan for the 2017-2020 Term of the Oneida Business

Committee), and guidance resolutions on expenditures, employment and goal setting (BC09-27-17-I, Strategic Workforce Planning – Budget – Implementation as amended by BC03-14-18-D); and

WHEREAS,

these resolutions are intended to provide guidance in budgeting and expending budget

which coincide with the increased delegation of authority and responsibility to director

reports, Division Directors, Area Managers, and supervisors throughout the organization;

and

WHEREAS,

the Oneida Business Committee recently adopted resolution # BC-09-__-19-__, Guidance

to Implement Good Governance Principles for Conducting Public Affairs and Managing

Public Packet

68 of 383

BC Resolution _____________

Triennial Goals – Trending – Budget Guidance Resolution

Page 2 of 4

Public Resources, as guidance to all employees and those with supervisory

responsibilities; and

WHEREAS,

the Oneida Business Committee and Treasurer believe that with authority to build and

present budgets, to hire individuals, and to operate programs, services and enterprises,

comes the corresponding ability to be responsible not only to the programming needs, but

to the Oneida Nation as a whole in utilizing all resources of the Nation and resolution # BC09-__-19-__ is intended to outline those responsibilities; and

WHEREAS,

the Oneida Business Committee and Treasurer have received financial guidance and

advice through the Chief Financial Officer regarding world economic impacts, the Assistant

Chief Financial Officer regarding budget trending, the Gaming General Manager and Retail

Manager regarding enterprise revenue trending, the Direct Reports regarding

programming, grants, and current client needs, as well as the Inter-Governmental

Communications and Affairs office regarding trending in federal and state legislation

impacts and funding impacts, and the Self-Governance Coordinator regarding the Nation’s

self-governance contracts and trending; and

WHEREAS,

the Oneida Business Committee believes that business-as-usual no longer remains an

option in light of the changing and increasing challenging financial conditions, business

needs, and programming needs regarding the community; and

WHEREAS,

the Oneida Business Committee adopted resolution # BC-09-27-17-I, Strategic Workforce

Planning – Budget – Implementation as amended by resolution # BC-03-14-18-D, to:

1. identify standard terms regarding the employment base (full-time equivalent or FTE)

as a method of standardizing and defining the employment levels of the Nation across

the organization;

2. require short term (employment caps), mid-term (workforce level assessments) and

long-term (strategic workforce planning) activities and reporting by each business unit

of the Nation; and

3. direct all levels of the organization to know the budget strategies and goals, and work

cooperatively to evaluate current needs and resources to most effectively utilize the

Nation’s limited resources; and

WHEREAS,

when the Oneida Business Committee adopted the September 2017 resolution regarding

strategic workforce planning it acknowledged that it was not possible to look at any action

from a purely financial perspective (labor as a percentage of the total budget is 42%,

exceeds gaming and retail net profit at 142%, grants at 314%, and mandates at 400% 1),

or a Human Resources Perspective (wage studies, programming needs studies, hiring

limits), or priority (such as health care, housing, employment) as all are interrelated and

must be addressed in that fashion; and

WHEREAS,

the Oneida Business Committee understands that the United States and the Oneida Nation

have moved from the 2008 financial crash and through fiscal recovery, such that the current

indicators identify the potential of an economic downturn through a slowing economy, lower

consumer confidence levels and financial indicators such as inverted yield curves on

bonds; and

WHEREAS,

from FY2016 through FY2018 the budget initiative was: “The end in mind is ‘Sustainability.’

Assessment guidelines will be the path for the Tribal organization to develop a Fiscal Year

When labor costs exceed gaming and retail net profit, grants, and mandates by significant margins such as these,

there is a concern that if a dip occurs in one of the revenue sources or an increase in mandates occurs, there will

be an impact on labor and a required response to reduce labor costs in order to meet balanced budget demands.

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BC Resolution _____________

Triennial Goals – Trending – Budget Guidance Resolution

Page 3 of 4

2016 budget so that we may begin to implement strategies for growth in Fiscal Year 2017

and Fiscal Year 2018 to support the Oneida Tribe overall”; and

WHEREAS,

for FY2019 through FY2022 the budget initiative is: “The goal of Sustainability is identified

through measures of all activities in enterprises, programs, and services to ensure that the

resources of the Oneida Nation are being utilized in a manner that creates the most

effective and efficient use of those revenues or expenditures”; and

WHEREAS,

prior to FY2016 and more intensely since Fy2016, knowledge of the Nation, the economy,

federal actions, grant changes, and our own changing community needs have demanded

a more integrated response and requires the Oneida Business Committee to clarify budget,

business, and programming decisions; and

WHEREAS,

in the FY2018 and FY2019 budgeting processes it became clear that trending of expenses

and accurately identifying business needs over the course of a calendar year was not

consistently used, may have been utilizing erroneous information, or simply ignored; and

WHEREAS,

the Oneida Business Committee identified situations in which a full salary for an

employment position or group of similar positions were budgeted, but there had never been

full employment in any one or several of the positions resulting a personnel line being

overbudgeted reducing funds available for other programming needs; and

WHEREAS,

the Oneida Business Committee identified situations in which trending was based on prior

year budgets and not prior year expenditures such that over a 4-year period the following

lines have resulted in positive variances because they are not based on actual

expenditures:

• Supplies and Materials – 28% positive variance or over $1 million,

• Travel – 35% or over $500,000,

• Training and Education – 54% or almost $350,000, and

• Mileage – 31% or over $88,000; and

WHEREAS,

the Oneida Business Committee believes that continuous improvement in our budgeting

process results in the best use of our limited resources; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee adopts this Budget Guidance

resolution regarding the use of trending in budgeting and reaffirming the delegation of authority and

responsibility to direct reports, division directors and all employees of the Nation.

BE IT FURTHER RESOLVED, authority and responsibility are defined as:

Authority and responsibility require employees to use good judgement in the use and expenditure

of the Nation’s funds in carrying out the programming activities, including obtaining the most

effective and efficient use of those funds to allow the greatest possible provisions of quality

services. Authority and responsibility regarding grant or third-party funds require employees to

exercise even greater responsibility regarding the use the grant or third-party funds in a manner

that furthers the goals of the grant and to provide quality services related to the grant.

BE IT FURTHER RESOLVED, trending, as used in the Nation’s budgeting process is defined as:

Trending is utilizing the past three to five years of expenditures to develop budgets and to inform

programming regarding the provision of services or business decisions to be predictive rather than

reactive.

BE IT FURTHER RESOLVED, employees are required to review and monitor programming and community

changes to focus programming services on an identified need that should be provided by the Oneida Nation

government.

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BC Resolution _____________

Triennial Goals – Trending – Budget Guidance Resolution

Page 4 of 4

BE IT FURTHER RESOLVED, that the Oneida Business Committee reaffirms the ongoing need to manage

the employment levels of the Nation to meet the conflicting restrictions regarding financial constraints,

programming priorities, and community needs. Business units should begin with the expectation that no

new positions will be added in the budget. To meet this goal, direct reports, Division Directors, and all

employees that manage budgets or development of budgets should:

1. expect that no new positions will be added in the FY2020 and onward budgets;

2. review, reflect and appropriately amend employment philosophies that may be in place to

address this employment constraint;

3. review, correct and work cooperatively with like services regarding workforce levels, developing

strategic workforce plans, Triennial Goals, and improving programming to best use limited

funds; and

4. recognize that a general cap does not recognize the specialized needs of different programs

and that employees should use their responsibility to the Nation, its funds, and the community,

when requesting additional employees.

BE IT FURTHER RESOLVED, that all direct reports, Division Directors, and all employees that manage

budgets or development of budgets shall review wages and benefit lines and budget:

1. all employment lines at actual costs;

2. all high turnover positions shall be budgeted at 80% of the actual budget line; and

3. all positions estimated to be vacant at the beginning of each fiscal year shall be budgeted at

80% of the actual budget.

In all cases, the reduction to 80% of actual costs recognizes that our employment processes take

approximately 10 weeks to fill a position from notice of vacancy to first day on the job.

BE IT FINALLY RESOLVED, that all non-personnel line items shall be based on trending. The Chief

Financial Officer is directed to identify a five-year expenditure report that report in the Nation’s accounting

systems that can be accessed by, and utilized by, employees in budget development, timing of

expenditures, and identifying programming changes.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54115-0365

Oneida-nsn.gov

Statement of Effect

Resolution: Triennial Goals – Trending – Budget Guidance Resolution

Summary

This resolution adopts budgeting guidance regarding the use of trending in budgeting and reaffirms

the delegation of authority, as well as responsibility, to direct reports, division directors and all

employees of the Nation.

Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office

Date: September 17, 2019

Analysis from Legislative Reference Office

The Oneida Business Committee (“OBC”) adopted the Budget Management and Control law

(“Law”) through resolution BC-02-08-17-C for the purpose of setting forth the requirements to be

followed by the OBC and Oneida fund units when preparing the budget to be presented to the

General Tribal Council (“GTC”) for approval. [1 O.C. 121.1-1].

In accordance with the Law, the OBC adopted resolution BC-09-27-17-I titled, Strategic

Workforce Planning – Budget – Implementation, as amended by resolution BC-03-14-18-D, to:

(1) Identify standard terms regarding the employment base as a method of standardizing

and defining the employment levels of the Nation across the organization;

(2) Require short term, mid-term and long-term activities and reporting by each business

unit of the Nation; and

(3) Direct all levels of the organization to know the budget strategies and goals and work

cooperatively to evaluate current needs and resources to most effectively utilize the

Nation’s limited resources.

Through the FY2018 and FY2019 budgeting processes, it has become clear that, throughout the

organization, the trending of expenses and accurately identifying of business needs over the course

of a calendar year was being measured inconsistently, being based on erroneous information or

being altogether ignored during the reporting process.

The OBC understands that continuous improvement in the budgeting process results in the best

use of the Nation’s limited resources. And, after having consulted with, among others, the Nation’s

Chief Financial Officer regarding world economic impacts; Assistance Chief Financial Officer

regarding budget trending; Gaming General Manager/Retail Manager regarding enterprise revenue

trending; and Direct Reports regarding programming, grants, and current client needs, the OBC

believes that business-as-usual no longer remains an option.

This resolution provides budgeting guidance with respect to the use of trending in budgeting and

reaffirms certain delegations of authority/responsibility by:

• Defining the terms “authority”, “responsibility” and “trending”;

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Requiring employees of the Nation to review and monitor programming and community

changes to focus programming services on an identified need that should be provided by

the Oneida Nation government;

• With respect to managing employment levels of the Nation so as to account for the

conflicting restrictions regarding financial constraints, programming priorities and

community needs, directing business units to begin with the expectation that no new

positions will be added in the budget and providing them with a process to meet that

expectation;

• Requiring direct reports, division directors and all other employees that manage budgets or

the development of budgets to review wages, as well as benefit lines, and budget:

1. All employment lines at actual costs;

2. All high turnover positions at 80% of the actual budget line;

3. All positions estimated to be vacant at the beginning of each fiscal year at 80%

of the actual budget; and

4. Directing that all non-personnel line items be based on trending.

• And, by directing the Nation’s Chief Financial Officer to identify a five (5) year

expenditure report in the Nation’s accounting systems that can be accessed by, and

utilized by, employees in budget development, timing of expenditures, and identifying

programming changes.

•

Conclusion

This resolution does not conflict with any of the Nation’s laws.

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Adopt resolution entitled Approve Changes to the Enterprise 401(k) Plan

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # __________

Approve Changes to the Enterprise 401(k) Plan

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Nation sponsors two tax-qualified retirement plans for the benefit of its employees,

known as the Oneida Nation Governmental 401(k) Plan (the “Governmental Plan”) and the

Oneida Nation Enterprise 401(k) Plan (the “Enterprise Plan”); and

WHEREAS,

the Nation engages Transamerica Retirement Services (“Transamerica”) to provide

investment, asset custody, recordkeeping and administration services with regard to the

Governmental Plan and the Enterprise Plan (the “Plans”); and

WHEREAS,

the Nation wishes to amend the Enterprise Plan effective October 1, 2019 to allow highly

compensated employees to participate in the Enterprise Plan, subject to the same eligibility

and automatic enrollment rules already in place under the Enterprise Plan; and

WHEREAS,

Transamerica is in the process of preparing an Amendment to the Enterprise Plan at the

request of the Nation, to be effective October 1, 2019; and

WHEREAS,

the Nation’s management personnel and outside legal counsel to the Nation have reviewed

an outline of the proposed amendment to the Enterprise Plan and recommend that the

proposed changes to the Enterprise Plan be authorized.

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee hereby authorizes and

approves changes to the Oneida Nation Enterprise 401(k) Plan effective October 1, 2019 and as discussed

with the Business Committee this date.

BE IT FINALLY RESOLVED, that the Nation’s Chief Financial Officer shall be, and hereby is, authorized

and directed to execute on behalf of the Nation an Amendment to the Enterprise Plan upon receipt of such

document from Transamerica and following review and approval by the Nation’s Chief Deputy Counsel.

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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

Resolution to Approve Changes to the Enterprise 401(k) Plan

Summary

This resolution authorizes and approves changes to the Oneida Nation Enterprise 401(k) Plan to

allow highly compensated employees to participate in the Enterprise Plan, effective October 1,

2019.

Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office

Date: September 17, 2019

Analysis by the Legislative Reference Office

The Oneida Nation sponsors two (2) tax-qualified retirement plans for the benefits of its employees

that are known as the Oneida Nation Governmental 401(k) Plan and the Oneida Nation Enterprise

401(k) Plan (collectively, the “Plans”). The Nation engages Transamerica Retirement Services

(“Transamerica”) to provide the investment, asset custody, recordkeeping and administrative

services relating to the Plans.

The Nation wishes to amend the Oneida Nation Enterprise 401(k) Plan (“Enterprise Plan”) to allow

highly compensated employees to participate in the Enterprise Plan. At the request of the Nation,

Transamerica is in the process of preparing an Amendment to the Enterprise Plan that, subject to

the same eligibility and automatic enrollment rules already in place thereunder, would allow those

highly compensated employees to participate in the Enterprise Plan, effective October 1, 2019.

The Nation’s management personnel and outside legal counsel have already reviewed an outline

of the proposed amendment and recommend that the proposed changes to the Enterprise Plan be

authorized. This resolution authorizes and approves the above-referenced changes to the Enterprise

Plan, effective October 1, 2019. Upon receipt of the amended document from Transamerica, this

resolution further directs that, following a review and approval by the Nation’s Chief Deputy

Counsel, the Nation’s Chief Financial Officer execute on behalf of the Nation an Amendment to

the Oneida Nation Enterprise 401(k) Plan.

Conclusion

This resolution does not conflict with any of the Nation’s laws.

Page 1 of 1

Public Packet

Approve the September 16, 2019, regular Finance Committee meeting minutes

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MEMORANDUM

TO:

CC:

FR:

DT:

RE:

Finance Committee

Business Committee

Denise J. Vigue, Executive Assistant

Sept. 17, 2019

E-Poll Results of: FC Meeting Minutes of September 16, 2019

An E-Poll vote of the Finance Committee was conducted to approve the 9/16/19

Finance Committee meeting minutes. The results of the completed E-Poll are as

follows:

E-POLL RESULTS:

There was a Majority 5 Y ES votes from Patrick Stensloff, Larry Barton,

Jennifer Webster, Chad Fuss and Daniel Guzman King to approve the

Sept . 16, 2019 Finance Committee Meet ing Minutes.

These Finance Committee Minutes of Sept. 16, 2019 will be placed on the next

Business Committee agenda of Sept. 25, 2019 for approval and placed on the next

Finance Committee agenda of Oct. 1, 2019 to ratify this E-Poll action.

Per the Finance Committee By-Laws Article III-Meetings; Sect: 3-4 Quorum. Four (4) members of the Finance

Committee shall constitute a quorum. & Sect: 3-6 Voting. (d) The Finance Committee shall act by a majority of vote

of the quorum present at any meeting.

Finance Administration Office

Phone: 920- 869-4325

FAO@oneidanation.org

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FINANCE COMMITTEE

FC REGULAR MEETING

Sept. 16, 2019 ▪ Time: 9:00 A.M.

BC Executive Conference Room

REGULAR MEETING MINUTES

FC REGULAR MEETING:

Patricia King, FC Chair/Treasurer

Jennifer Webster, BC Council Member

Patrick Stensloff, Purchasing Director

Larry Barton, FC Vice-Chair/CFO

Daniel Guzman King, BC Council Member

Chad Fuss, Gaming AGGM (GGM Alt.)

EXCUSED: Shirley Barber, FC Elder Member

OTHERS PRESENT: Michelle Danforth, Michele Doxtator, Lora Skenandore, Glynis Alicea, Mari

Kriescher, Sandra Schuyler, James Petitjean and Denise J. Vigue taking Minutes

CALL TO ORDER: The Regular FC Meeting was called to order by the FC Chair at 9:01 A.M.

II.

APPROVAL OF AGENDA: SEPTEMBER 16, 2019

Motion by Larry Barton to approve the Finance Committee meeting agenda of Sept. 16, 2019.

Seconded by Jennifer Webster. Motion carried unanimously.

III.

APPROVE E-POLL OF MINUTES: SEPTEMBER 3, 2019 (Approved via E-Poll on 9/4/19):

Motion by Jennifer Webster to ratify the FC E-Poll action taken on September 4, 2019 approving

the Sept. 3, 2019 Finance Committee Meeting Minutes. Seconded by Patrick Stensloff. Motion

carried unanimously.

IV.

TABLED BUSINESS: None

CAPITAL EXPENDITURES: None

VI.

DONATIONS:

REPORT:

FC Donation Report for September 2019

Denise J. Vigue, Finance

Motion by Jennifer Webster to accept /approve the September 2019 Finance Committee Donation

Report. Seconded by Patrick Stensloff. Motion carried unanimously.

REQUESTS:

Oneida Apostolic Church-Audio/Visual Equipment

Requestor: Pastor Juan Alicia

Amount: $2,500.

Motion by approve to approve from the FY20 Donation line the Oneida Apostolic Church request for

Audio /Visual Equipment in the amount of $2,500.00 and to have them check Camera Corner or Best

Buy for better pricing. Seconded by Daniel Guzman King. Motion carried unanimously.

Page 1 of 4

Finance Committee Meeting Minutes of September 16, 2019

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Oneida Sportsmen’s Club-Fall Banquet

Requestor: Jeffrey Skenandore, Jr. OSC President

Amount: $2,500.

Motion by Larry Barton to approve from the FY20 Donation line the Oneida Sportsmen’s Club Fall

Banquet request for meal costs in the amount of $2,500.00. Seconded by Jennifer Webster.

Motion carried unanimously.

Chad Fuss was excused at 9:25 A.M.

VII.

NEW BUSINESS:

FY20 Blanket PO – St. Vincent Hospital DBA Prevea Health

Dr. Vir/Debbie Danforth, Consolidated Health Services

Amount: $225,225.

Motion by Jennifer Webster to approve the FY20 Blanket Purchase Order with St. Vincent Hospital

DBA Prevea Health in the amount of $225,225.00 contingent upon the FY20 Budget or Continuing

Resolution is approved. Seconded by Patrick Stensloff. Larry Barton abstained. Motion carried.

FY20 Blanket PO - Christensen

Dawn Walschinski, Kalihwisaks

Amount: $75,000.

Motion by Jennifer Webster to approve the FY20 Blanket Purchase Order with Christensen for

print services in the amount of $75,000.00 contingent upon the FY20 Budget or Continuing

Resolution is approved. Seconded by Larry Barton. Motion carried unanimously.

Mission Support Services (ARCC Remodel)

Paul Witek, Engineering Dept.

Amount: $106,000.

Motion by Larry Barton to approve the contract request with Mission Support Services for the

Airport Child Care bathroom remodel in the amount of $106,000.00 contingent upon the FY20

Budget or Continuing Resolution is approved. Seconded by Jennifer Webster. Motion carried

unanimously.

FY19 PO Increase – Oracle Micros POS Upgrade

Paul Hockers, Gaming MIS

Amount: $35,001.30

Chad Fuss explained there are additional on-site visits the consultant have as there are some

complexities with setting the POS system; the Radisson, Gaming and Oneida will be set up separately

for better recordkeeping but will be able to combine in the system; work is wrapping up this week,

the next request is just an FYI as the contract had been previously approved.

Motion by Jennifer Webster to approve the FY19 Purchase Order increase for Oracle Micros POS

Upgrade in the amount of $35,001.30. Seconded by Larry Barton. Motion carried unanimously.

Oracle Micros POS Upgrade

Paul Hockers, Gaming MIS

Amount: $239,775.86

Motion by Jennifer Webster to accept as Information Only the Oracle Micros POS Upgrade

information. Seconded by Patrick Stensloff. Motion carried unanimously.

FY20 Blanket PO - S Abraham & Sons

Michele Doxtator, Retail Profit Area Manager

Amount: $42,000,000.

Motion by Larry Barton to approve the FY20 Blanket Purchase Orders #6 though #10 in the amounts

requested contingent upon the FY20 budget or Continuing Resolution is approved. Seconded by

Jennifer Webster. Motion carried unanimously.

NOTE: FIO request #1 was reviewed directly after this request from Retail

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Finance Committee Meeting Minutes of September 16, 2019

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FY20 Blanket PO – US Venture

Michele Doxtator, Retail Profit Area Manager

Amount: $20,000,000.

- SEE Motion in NB Request #6.

FY20 Blanket PO – Title Town

Michele Doxtator, Retail Profit Area Manager

Amount: $5,000,000.

- SEE Motion in NB Request #6.

FY20 Blanket PO – Pepsi Cola

Michele Doxtator, Retail Profit Area Manager

Amount: $660,000.

- SEE Motion in NB Request #6.

10.

FY20 Blanket PO – Deans Distributing

Michele Doxtator, Retail Profit Area Manager

Amount: $375,000.

- SEE Motion in NB Request #6.

11.

FY19 PO Increase - PRN HM Health Therapy

Connie Danforth, AJRCCC Finance

Amount: $80,000.

Motion by Jennifer Webster to approve the FY19 Blanket Purchase Order increase with PRN HM

Health Therapy up to $80,000.00 provided a corrected memo is forwarded to the FC along with a

clarification of the exact amount of the increase. Seconded by Patrick Stensloff. Motion carried

unanimously.

VIII.

EXECUTIVE SESSION:

Motion by Larry Barton to move into Executive Session. Seconded by Daniel Guzman King.

Motion carried unanimously. Time: 9:35 A.M.

Motion by Larry Barton to come out of Executive Session. Seconded by Jennifer Webster. Motion

carried unanimously. Time: 9:43 A.M.

FY19 PO Increase – Independent Provider #2018-0650

Dr. Ravi Vir, Comp. Health Division – Medical Dir.

Debra Danforth, Comp. Health Division – Operations Dir.

Motion by Jennifer Webster to approve the FY19 Blanket Purchase Order increase with the

independent provider, #2018-0650 for health services in the amount as requested. Seconded by

Larry Barton. Motion carried unanimously.

FY20 Blanket Purchase Order – Independent Provider #2018-0650

Dr. Ravi Vir, Comp. Health Division – Medical Dir.

Debra Danforth, Comp. Health Division – Operations Dir.

Motion by Jennifer Webster to approve the FY20 Blanket Purchase Order with the independent

provider, #2018-0650 for health services in the amount as requested contingent upon the FY20

Budget or Continuing Resolution is approved. Seconded by Patrick Stensloff. Motion carried

unanimously.

FY20 Blanket Purchase Order – Keystone

Dr. Ravi Vir, Comp. Health Division – Medical Dir.

Debra Danforth, Comp. Health Division – Operations Dir

Page 3 of 4

Finance Committee Meeting Minutes of September 16, 2019

Public Packet

Motion by Jennifer Webster to approve the FY20 Blanket Purchase order with Keystone for

$100,000.00 noting it is being funded through the Tribal Opioid Grant. Seconded by Patrick

Stensloff. Motion carried unanimously.

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Motion by Larry Barton to direct the Treasurer to send a memo to the General Manager to send

out to all areas the deadline for FY21 requests and FY20 Purchase Order increases that need

Finance Committee approval to be submitted by August 1st each year. Seconded by Jennifer

Webster. Motion carried unanimously.

IX.

FOLLOW UP: None

FOR INFORMATION ONLY:

Multiple FY20 Blanket PO’s – Cost of Resale Products & Expenses

Michele Doxtator, Retail Profit Area Manager

Motion by Larry Barton to accept as Information Only the multiple FY20 Blanket Purchase Orders

from Retail for the cost of resale products and expenses. Seconded by Chad Fuss. Motion carried

unanimously.

Gov’t to Gov’t: Village of Ashwaubenon EMS Svs. Agreement

Paula King Dessart, BC Support Office

Motion by Larry Barton to accept as Information Only the Government to Government agreement

with the Village of Ashwaubenon for EMS Services. Seconded by Patrick Stensloff. Motion carried

unanimously.

XI. ADJOURN: Motion by Patrick Stensloff to adjourn. Seconded by Jennifer Webster. Motion

carried unanimously. Time: 9:55 A.M.

Minutes taken & transcribed by:

Denise Vigue, Executive Assistant to the CFO

& Finance Committee Contact/Recording Secretary

Finance Committee-E-Poll Minutes Approval Date:

September 17, 2019

Oneida Business Committee’s FC Minutes Approval Date:

Page 4 of 4

Finance Committee Meeting Minutes of September 16, 2019

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Oneida Business Committee Agenda Request

Accept the September 4, 2019, regular Legislative Operating Committee meeting minutes

1. Meeting Date Requested:

/ 25 / 19

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Standing Committees

Accept as Information only

Action - please describe:

Accept the September 4, 2019 Legislative Operating Committee meeting minutes.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. 9/4/19 LOC Meeting Minutes

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, LOC Chairman

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

September 4, 2019

9:00 a.m.

Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III, Jennifer Webster, Daniel Guzman

King

Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Jennifer Falck, Kristen

Hooker, Leyne Orosco, Lee Cornelius, Jameson Wilson

Call to Order and Approval of the Agenda

David P. Jordan called the September 04, 2019, Legislative Operating Committee meeting

to order at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda; seconded by Ernest Stevens III. Motion

carried unanimously.

II.

Minutes to be Approved

Motion by Kirby Metoxen to approve the August 7, 2019, Legislative Operating

Committee meeting minutes and forward to the Business Committee for consideration;

seconded by Ernest Stevens III. Motion carried unanimously.

III.

Current Business

1. Curfew Law (:41-4:45)

Motion by Jennifer Webster to accept the updated public comment review

memorandum, draft, and legislative analysis; seconded by Daniel Guzman King.

Motion carried unanimously.

Motion by Jennifer Webster to approve the Curfew Law fiscal impact statement request

memorandum and forward to the Finance Committee requesting that a fiscal impact

statement be prepared and submitted to the Legislative Operating Committee by

September 18, 2019, seconded by Ernest Stevens III. Motion carried unanimously.

2. Sanctions and Penalties Law (4:46-7:43)

Motion by Jennifer Webster to approve the community outreach notice and article for

the Sanctions and Penalties Law, and forward to the Kalihwisaks for publication in the

September 19, 2019, edition; seconded by Ernest Stevens III. Motion carried

unanimously.

IV.

New Submissions

Additions

Legislative Operating Committee Meeting Minutes of September 04, 2019

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VI.

Administrative Items

1. Family Court Law Rule No. 1 (7:46-10:49)

Motion by Kirby Metoxen to certify the Family Court Law Rule No. 1 – Family Court

Rule and forward to the Oneida Business Committee for consideration; seconded by

Ernest Stevens III. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Ernest Stevens III to adjourn the September 04, 2019, Legislative Operating

Committee meeting at 9:18 a.m.; seconded by Kirby Metoxen. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of September 04, 2019

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Oneida Business Committee Agenda Request

Adopt Judiciary law rule # 1 - Oneida Trial Court Rules

1. Meeting Date Requested:

/ 25 / 19

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Standing Committees

Accept as Information only

Action - please describe:

Consider adoption of the Judiciary Law Rule #1- Oneida Trial Court Rules

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Rulemaking Adoption Packet

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, LOC Chairman

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

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MEMORANDUM

TO:

FROM:

DATE:

RE:

Legislative Operating Committee (LOC)

Hon. Denice E. Beans, Trial Court

September 4, 2019

Trial Court Rules

This memorandum is being provided by the Trial Court to outline the dates that the procedural

timelines outlined in the Administrative Rulemaking law were complied with. Those dates are

as follows:

•

Notice published in Kalihwisaks: July 3, 2019

Notice published on the Oneida Register: June 12, 2019.

Public meeting: July 23, 2019.

Close of public comment period: July 30, 2019.

The supporting documents submitted with this memorandum include:

•

Draft of the rule.

Summary Report.

Statement of Effect.

Financial Analysis.

Memorandum addressing public comments.

Public meeting notice.

We are requesting that the proposed Trial Court Rules become a rule under 8 O.C. Chapter 803.

We are further requesting that the effective date of the rule be the date the Oneida Business

Committee adopts the rule pursuant to section 106.8-2 of the Administrative Rulemaking law.

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Title 8. Judicial System – Chapter 801

Judiciary

Rule #1 – ONEIDA TRIAL COURT RULES

1.11 Contempt

1.12 Cases with no action for 60 days

1.13 Witnesses

1.14 Garnishments

1.15 Closed Hearings/Records

1.16 Temporary Restraining Order

1.17 Citation Hearings

1.18 Probate Hearings

1.19 Judge’s Signature Defined

1.20 Notice of Appearance

1.1 Purpose

1.2 Adoption, Amendment Repeal

1.3 Appearances

1.4 Rules of Decorum

1.5 Default Judgment

1.6 Continuance

1.7 Participation Accommodations

1.8 Scheduling a Hearing

1.9 Ex Parte Communication

1.10 Peacemaking and Mediation

1.1 Purpose

1.1-1. Purpose. The purpose of these rules is to supplement the Oneida Judiciary Rules of Civil

Procedure and other laws governing the Trial Court.

1.2 Adoption, Amendment Repeal

1.2-1. These rules were created by the Trial Court and approved by the Oneida Business

Committee in accordance with 8 O.C. 801.10-1 and 1 O.C. Chapter 106.

1.2-2. These rules may be amended or repealed pursuant to the procedures set out in the

Judiciary and Administrative Rulemaking laws.

1.2-3. Should a provision of these rules or the application thereof to any person or circumstance

be held as invalid, such invalidity shall not affect other provisions of these rules which are

considered to have legal force without the invalid portions.

1.2-4. In the event of a conflict between a provision of these rules and a provision of another

rule, the provisions of these rules shall control.

1.3 Appearances

1.3-1. When at all possible, the parties should appear in person.

1.3-2. In circumstances where it is difficult or impossible for a party to appear in person, the

party may contact the Court Clerk to request an appearance by telephone or videoconference.

(a) It is the responsibility of the party to provide the Trial Court with a contact number

where the party may be reached for the telephone or videoconference appearance.

(b) It is the responsibility of the party appearing by telephone or videoconference to be

available at the scheduled time of the hearing.

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1.4 Rules of Decorum

1.4-1. This section shall apply to all persons entering the courtroom.

(a) All electronic devices shall be turned off or silenced as to not disrupt court

proceedings.

(1) If any electronic devices are heard or seen, that person will be identified and

may be removed from the courtroom by the Security Officer or Oneida Police

Officer.

(2) Removal may be for the remainder of the hearing.

(b) All persons are prohibited from using an electronic device to take pictures, take

videos, text, or make sound recordings without permission from the Judge.

hats or headwear, except those worn for religious or medical purposes.

(d) No food or drink shall be permitted in the courtroom without permission from the

Judge.

(e) All persons shall identify themselves when asked by court security ofﬁcers, law

enforcement officers, and Oneida Judiciary staff.

(f) Except for on-duty law enforcement officers and court security officers, no weapon of

any type shall be taken, carried, or introduced into the Judiciary. All persons entering

the Judiciary may be searched and examined by electronic detection equipment.

(g) Court security ofﬁcers, law enforcement officers, and Oneida Judiciary staff are

authorized to open and inspect any item carried into the Judiciary.

(h) Courtroom Capacity is limited to seating availability; standing during hearings is not

allowed.

(i) Disruptive children shall remain in the lobby and shall be accompanied by an adult.

(1) Court staff, including security, will not provide care for children during court

proceedings.

(j) No contact or communication is allowed between those in the gallery and the parties.

(k) Those in the gallery shall not talk or whisper while court is in session. Absolute

silence is required; any noise violation will result in removal from the courtroom.

(l) Case related photos or expressions on clothing or any other items the Trial Court

deems as a distraction to court proceedings will not be allowed.

(m) No signs or banners are allowed in the courtroom. There shall be no demonstrations

of any kind in the courtroom while court is in session.

(n) Any other distracting or disorderly conduct not specifically addressed herein, may

result in removal from the courtroom by security officers or law enforcement officers.

(1) Individuals may also be removed from the courthouse for attempting to listen

in or eavesdrop on a closed Court proceeding.

(o) All persons shall rise when the judge enters and leaves the courtroom.

1.4-2. This section shall apply to all parties, counsel and witnesses.

(a) Parties, counsel and witnesses shall refer to the judge as “Your Honor.”

(b) All parties, counsel, and witnesses shall refrain from interrupting or talking over one

another.

opposing party.

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1.5 Default Judgment

1.5-1. If a party fails to appear at any Trial Court matter, the Court shall confirm and be satisfied

that proper notice was provided.

1.5-2. If the Trial Court finds that proper notice was not provided, the matter shall be

rescheduled. The Trial Court may make orders or give instructions on further service or notice

efforts to occur before the rescheduled hearing.

1.5-3. If the Trial Court finds that proper notice was provided, the Trial Court may enter

judgment against the party that failed to appear. The Trial Court, in its discretion, may require a

party to produce sufficient evidence to support a judgment against the other party.

1.6 Continuance

1.6-1. A continuance means a hearing or other scheduled event is postponed to a later date.

1.6-2. Continuances shall only be granted by the Trial Court based on a written request of a

party, a stipulation of the parties, or on the Trial Court’s own motion.

1.6-3. A request for a continuance shall be decided on a case-by-case basis considering the

circumstances present at the time of the request. Examples of acceptable reasons for a

continuance may include, but are not limited to, the following:

(a) Failure of a party to receive proper or sufficient notice;

(b) Emergency involving the Judge, Court staff, and/or parties;

(d) A one-time request to obtain counsel;

(e) To allow more time for settlement negotiations or peacemaking; and

(f) Absence or unavailability of a material witness.

1.6-4. The Trial Court may impose conditions upon the granting of a continuance, such as

requiring a party to provide documentation regarding an illness.

1.7 Participation Accommodations

1.7-1. In circumstances where a party would be restricted from participating in the court

procedures, the person may request reasonable accommodations.

(a) Requests for equipment shall be submitted at least two (2) weeks before a hearing.

(b) All other reasonable accommodation requests shall be submitted at least one week

before a hearing.

1.8 Scheduling a Hearing

1.8-1. The Court Clerk may contact the parties by any of the following communication methods:

(a) Phone

(b) Electronic mail

(1) If one party does not have a valid email address, the Court Clerk will look to

other communication options.

1.8-2. The hearing may be done telephonically with the parties.

1.9 Ex Parte Communication

1.9-1. Ex parte communication is communication, either verbally or in writing, between a judge

and a party about a pending case, without the other party present. Communication includes, but

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is not limited to, the following: pleadings, letters, email, phone calls, or in-person conversations

whether in or out of court.

1.9-2. Ex parte communication is forbidden, subject to the following exceptions:

(a) When a party fails to appear at a court hearing where both parties have been properly

noticed, the Trial Court may speak on the record with the party who appears.

(b) When a party believes that sharing the communication with the other party would

place the party or children in danger of physical harm.

1.10 Peacemaking and Mediation

1.10-1. This section governs the application process for prospective peacemakers/mediators

from outside of the Oneida Judiciary.

(a) Applicants shall submit a completed application to serve as Peacemaker/Mediator to

the Court Administrator.

(b) A background check will be initiated through the Backgrounds Department at the

Oneida Human Resources Department.

(1) Applicants that pass the background check may be scheduled an interview.

(2) Should a completed background check for an applicant fail to meet the

minimum qualifications, a notice of denial of application is sent certified mail

to the applicant.

will be approved.

(1) If approved, the Court Administrator will process the applicant in the

Purchasing Management system as an active vendor.

(2) If not approved, then Chief Trial Judge will send a letter stating the reasons

for the denial.

(d) Records.

(1) A complete record of all applications will be maintained by the Court

Administrator.

1.10-2. This section governs the appointment of peacemakers/mediators.

(a) Before being utilized by the Trial Court, a peacemaker/mediator must demonstrate an

understanding of the role of the peacemaker/mediator.

(1) Such understanding may be demonstrated by completing

peacemaking/mediation training, performing prior peacemaking/mediation

work for the Trial Court, being recognized as a certified peacemaker/mediator

by the Cultural Heritage Department and/or another jurisdiction, or such other

means determined to be appropriate by the Trial Court.

(b) The Trial Court may refer the parties to peacemaking or mediation in accordance with

8 O.C. chapter 801.6-2.

proceeding on behalf of any party, or is an immediate relative or representative of an

interested party may be appointed peacemaker/mediator in that proceeding without

the consent of the parties.

(d) The Trial Court shall have the duty of administering the peacemaker/mediator list for

Trial Court cases. The Trial Court shall select a peacemaker/mediator from the list.

1.10-3. This section governs the conduct and duties of peacemakers/mediators.

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(a) A peacemaker/m

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.