Oneida Business Committee (2018)
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Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, February 13, 2018
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, February 14, 2018
BC Conference Room, 2nd floor, Norbert Hill Center
$genda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/
I.
CALL TO ORDER AND ROLL CALL
II.
OPENING
A. Special recognition for years of service – Twenty-five (25) Oneida Nation employees
III.
ADOPT THE AGENDA
IV.
OATHS OF OFFICE (No Requested Action)
V.
MINUTES
A. Approve January 24-25, 2018, regular meeting minutes
Sponsor: Lisa Summers, Secretary
B. Approve February 8, 2018, special meeting minutes
Sponsor: Lisa Summers, Secretary
VI.
RESOLUTIONS
A. Adopt resolution entitled Temporary Assistance to Needy Families (TANF) 2018-2021
Sponsor: George Skenandore, Division Director/Governmental Services
B. Adopt resolution entitled Restated Elected Business Committee Retirement Program and
Restated Elected Business Committee Deferred Compensation Plan
Sponsor: Larry Barton, Chief Financial Officer
C. Adopt resolution entitled Restated Deferred Compensation Plan
Sponsor: Larry Barton, Chief Financial Officer
Oneida Business Committee
Regular Meeting Agenda
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February 14, 2018
Public Packet
VII.
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STANDING COMMITTEES
A. Legislative Operating Committee
Chair: David P. Jordan, Councilman
1. Accept December 20, 2017, Legislative Operating Committee meeting minutes
2. Adopt Membership Ordinance rule #2 – Voiding Unlawful Membership
B. Finance Committee
Chair: Trish King, Treasurer
1. Approve February 5, 2018, Finance Committee meeting minutes
VIII.
APPOINTMENTS
A. Accept recommendation and appoint Emily Johnson and Bridget John to the Oneida
Community Library Board
Sponsor: Tehassi Hill, Chairman
B. Accept recommendation and appoint Lloyd Ninham and Kathryn LaRoque to the
Southeastern Oneida Tribal Services Advisory Board
Sponsor: Tehassi Hill, Chairman
C. Accept recommendation and appoint Dale Webster to the Oneida Nation Veterans Affairs
Committee
Sponsor: Tehassi Hill, Chairman
D. Accept recommendation and appoint Tonya Webster and Kalene White to the Oneida Powwow Committee
Sponsor: Tehassi Hill, Chairman
E. Accept recommendation and appoint Carol Silva and Donna Richmond as alternates to the
Pardon and Forgiveness Screening Committee
Sponsor: Tehassi Hill, Chairman
F. Accept Chief of Police recommendation and appoint Eric Boulanger, member, Ron King
Jr., alternate, and Latsiklanunha Hill, alternate, to the Pardon and Forgiveness Screening
Committee
Sponsor: Lisa Summers, Secretary
G. Accept Governmental Services Division Director recommendation and appoint Delia
Smith, member, Jodi Skenandore, alternate, and Jamie Stevens, alternate, to the Pardon
and Forgiveness Screening Committee
Sponsor: Lisa Summers, Secretary
IX.
TABLED BUSINESS (No Requested Action)
Oneida Business Committee
Regular Meeting Agenda
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February 14, 2018
Public Packet
X.
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UNFINISHED BUSINESS
A. Accept recommendation and set 2018 Special Election date – July 14, 2018
Liaison: Tehassi Hill, Chairman
Requested by: Racquel Hill, Chair/Oneida Election Board
EXCERPT FROM JANUARY 24-25, 2018: Motion by Jennifer Webster to request the Oneida
Election Board to come back with an alternate date for the 2018 Special Election at the February
14, 2018, regular Business Committee meeting, seconded by Ernie Stevens III. Motion carried
unanimously.
XI.
NEW BUSINESS
A. Approve limited waiver of sovereign immunity – Welter Realty, LLC, property tax
consultation agreement – file # 2018-0083
Sponsor: Patrick Pelky, Division Director/Environmental Health Safety & Land
B. Approve 2018 amended Oneida Trust Enrollment Committee/Oneida Business Committee
Memorandum of Agreement
Liaison: Kirby Metoxen, Councilman
Requested by: Barbara Webster, Chairwoman/Oneida Trust Enrollment Committee
C. Approve William Cornelius attorney contract – file # 2018-0036
Liaison: Kirby Metoxen, Councilman
Requested by: Matthew W. Denny, Chairman/Oneida Gaming Commission
D. Approve limited waiver of sovereign immunity – Transamerica and Valley Investment
Solutions, Enterprise Plan Securities Service Network, LLC – file # 2017-1511
Sponsor: Larry Barton, Chief Financial Officer
E. Approve limited waiver of sovereign immunity – Transamerica and Valley Investment
Solutions, Governmental Plan Securities Service Network, LLC – file # 2017-1511
Sponsor: Larry Barton, Chief Financial Officer
F. Approve limited waiver of sovereign immunity – Brown County/Green Bay Austin Straubel
International Airport – file # 2017-0869
Sponsor: Louise Cornelius, Gaming General Manager
XII.
TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Councilman Kirby Metoxen – Native American Tourism of
Wisconsin regular meeting and reporting at Great Lakes Inter-tribal Council, Inc. – Lac
du Flambeau, WI – January 10-11, 2018
2. Approve travel report – Councilman Kirby Metoxen and Secretary Lisa Summers – U.S.
Department of the Interior, Office of the Secretary Consultation – Prior Lake, MN –
January 17-18, 2018
Oneida Business Committee
Regular Meeting Agenda
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February 14, 2018
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B. TRAVEL REQUESTS
1. Approve travel request in accordance with the Travel and Expense Policy – Fifteen (15)
Individuals – 2018 Annual Wisconsin Gaming Regulators Association (WGRA)
Conference – Bowler, WI – June 13-15, 2018
Liaison: Kirby Metoxen, Councilman
Requested by: Matthew W. Denny, Chairman/Oneida Gaming Commission
2. Approve travel request – Councilwoman Jennifer Webster – Inter-Tribal Monitoring
Association on Indian Trust – April 24-28, 2018
3. Approve travel request – Up to three (3) OBC members – 2018 Nation Indian Gaming
Association (NIGA) Trade Show – Las Vegas, NV – April 16-21, 2018
Sponsor: Tehassi Hill, Chairman
4. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor: Lisa Summers, Secretary
a) Approved travel request – Councilwoman Webster – IHCIF Work Group Meeting –
Washington DC – January 29-February 1, 2018
b) Approved travel request – Councilman Guzman King – 1st Annual Anishinaabe
Hemp Conference - Callaway, MN - March 1-2, 2018
XIII.
OPERATIONAL REPORTS
A. Defer Environmental Health Safety and Land Division FY-2018 1st quarter report to the
February 28, 2018, regular Business Committee meeting
Sponsor: Patrick Pelky, Division Director/Environmental Health Safety & Land
B. Accept Comprehensive Housing Division FY-2018 1st quarter report
Sponsor: Dana McLester, Division Director/Comprehensive Housing
C. Accept Human Resources Department FY-2018 1st quarter report
Sponsor: Geraldine Danforth, Area Manager/ Human Resources Department
D. Accept Retail Enterprise FY-2018 1st quarter report
Sponsor: Michele Doxtator, Area Manager/Retail Profits
XIV.
GENERAL TRIBAL COUNCIL
A. Approve March 19, 2018, special GTC meeting materials
Sponsor: Lisa Summers, Secretary
Oneida Business Committee
Regular Meeting Agenda
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February 14, 2018
Public Packet
XV.
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EXECUTIVE SESSION (Please Note: Scheduled times are approximate & subject to change)
A. REPORTS
1. Accept Chief Counsel report – Jo Anne House, Chief Counsel
2. Accept Environmental Health Safety and Land Division FY-2018 1st quarter report –
Patrick Pelky, Division Director/Environmental Health Safety & Land (Scheduled for 8:30
a.m.)
3. Accept Comprehensive Housing Division FY-2018 1st quarter report – Dana McLester,
Division Director/Comprehensive Housing (Scheduled for 9:00 a.m.)
4. Accept Human Resources Department FY-2018 1st quarter report – Geraldine Danforth, Area
Manager/ Human Resources Department (Scheduled for 9:30 a.m.) (Not Submitted)
5. Accept Retail Enterprise FY-2018 1st quarter report – Michele Doxtator, Area
Manager/Retail Profits (Scheduled for 11:00 a.m.)
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise Corporation – Ladies Professional Golf Association
a) Approve monthly reporting format
Sponsors:
Trish King, Treasurer; Tehassi Hill, Chairman; Lisa Summers, Secretary;
Ernie Stevens III, Councilman
EXCERPT FROM JANUARY 24-25, 2018: Motion by Jennifer Webster to direct the
Oneida Golf Enterprise Corporation liaisons [Treasurer Trish King, Chairman Tehassi Hill,
Secretary Lisa Summers, and Councilman Ernie Stevens] to seek input from the full OBC
and bring back a reporting format for approval at the February 14, 2018, regular Business
Committee meeting, seconded by Brandon Stevens. Motion carried with one abstention.
C. AUDIT COMMITTEE (No Requested Action)
D. TABLED BUSINESS (No Requested Action)
E. UNFINISHED BUSINESS (No Requested Action)
F. NEW BUSINESS
1. Review business/investment proposal - Innovative Technologies Supply (Scheduled
for 10:00 a.m.)
Sponsor: Daniel Guzman King, Councilman
2. Approve Stenzel Law Office, LLC attorney contract – file # 2018-0118
Sponsor: Gerald L. Hill, Chief Judge/Judiciary Court of Appeals
3. Review Per Capita Endowment Fund resolution, move to open session and forward to
Finance Committee
Sponsor: Trish King, Treasurer
Oneida Business Committee
Regular Meeting Agenda
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February 14, 2018
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4. Approve thirty-seven (37) new enrollments
Liaison: Kirby Metoxen, Councilman
Requested by: Barbara Webster, Chairwoman/Oneida Trust Enrollment Committee
5. Accept verbal update regarding Agricultural Systems Strategies as information
(Scheduled for 4:00pa.m.)
Sponsor: Patrick Pelky, Division Director/Environmental Health Safety & Land
6. Review complaint 2018-DR08-01 (Scheduled for 1:30 p.m.)
Sponsor: Lisa Summers, Secretary
XVI.
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:00 p.m., Saturday, February
10, 2018, pursuant to the Open Records and Open Meetings Law, section 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: https://oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364
or (800) 236-2214.
Oneida Business Committee
Regular Meeting Agenda
Page 6 of 6
February 14, 2018
Public Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
01
I 24 I 18
2. General Information:
Session:
~
Open
Agenda Header:
D Executive- See instructions for the applicable laws, then choose one:
!Announcement/Recognition
D Accept as Information only
~
Action - please describe:
Presentation of Years of Service Certificates to approximately twenty-five (25) employees by their immediate
supervisor along with the Business Committee.
3. Supporting Materials
D Report
~
D Resolution
D Contract
Other:
11List of employees to be recognized
3.
2.
4.
D Business Committee signature required
4. Budget Information
D Budgeted -Tribal Contribution
D Budgeted- Grant Funded
D Unbudgeted
5. Submission
Primary Requestor:
Maureen Metoxen, Exec Assist
------------~------------------------------------------
Your Name, Title I Dept. or Tribal Member
Additional Requestor:
Name, Title I Dept.
Additional Requestor:
Name, Title I Dept.
Page 1 of2
Public Packet
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
HRD coordinates efforts on a quarterly basis, with all supervisors and the Business Committee to recognize
employees who have reached the 25+ years milestone. With the assistance from each supervisor, HRD will create
the certificate to be presented to the Years of Service recipient.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of2
Public Packet
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Years of Service Commendations
1st Quarter - 2018
Sunemtisor Name
Name
w
1st Quarter FY'18
MELCHERT,ROSE M
BOYLE,JACQUE/YELLOBIRD-STEVENS
Oct 10, 1977
CORNEUSSEN,MARY J
VIR,RAVINDER{TEHASSI
Dec 5, 1977
40
BAIN,ARLOUINE
HOUSE,SUSAN M/GEORGE SKENANDORE
Oct 4, 1982
35
SKENANDORE,DOROTHY A
HILL-KELLY,JENNIFER/GEORGE SKENANDORE
Oct 4, 1982
35
CORNELIUS, VINCENT G
CLUCKEY,RICHARD D/JOANIE BUCKLEY
Oct 27, 1982
35
NINHAM,DOROTHY M
SKENANDORE,TONIA/BRENDA MENDOLLA-BUCKLEY
Dec 20, 1982
35
KING,KATHLEEN E
DOXTATOR, MICHELE M/TEHASSI
Dec 27, 1982
35
MOORE,PATRICIA S
SKENANDORE, LORNA G/LOUISE CORNEUUS
Oct 1, 1992
25
MONTANO, RUTH
SANTIAGO,CHERICE A/BRENDA MENDOLLA-BUCKLEY
Oct 7, 1992
25
40
HOCK,LISA L
CLOSE, MARIANNE ]/GERALDINE DANFORTH
Oct 19, 1992
25
JORDAN,JUDITH J
MELCHERT,ROSE M/JACQUE BOYLE
Oct 23, 1992
25
REITER, WARREN L
DANFORTH-ANDERSON,MICHELLE M/JOANIE BUCKLEY
Oct 26, 1992
25
VAUGHN,AMMY J
TRUTTMANN,BARBARA JjTIMOTHY SKENANDORE
Oct 26, 1992
25
WHITE,LENNETTE
LALUZERNE,KIM A/FRANK CORNEUUS
Oct 29, 1992
25
KING,PATRICIA M
DANFORTH,CRISTINA S/TEHASSI
Nov 2, 1992
25
MORENO,ADRIENNE
DANFORTH,SUSAN M/ANDREW DOXTATOR
Nov 4, 1992
25
STUIBER,DOUGLAS
FISH,SARAH A/ANDREW DOXTATOR
Nov 5, 1992
25
HETZEL,TERRY J
DENNY,MATTHEW ]/GERALDINE DANFORTH
Nov 9, 1992
25
MILLER,MICHELLE L
DELGADO,TSYOSHAAHT/GEORGE SKENANDORE
Nov 9, 1992
25
GOWER,LARAE A
NEVILLE,LUCY A/LOUISE CORNELIUS
Nov 16, 1992
25
DAMMERICH,DAWN M
LALUZERNE,KIM A/FRANK CORNELIUS
Nov 19, 1992
25
SPRUCE, TONI
LALUZERNE,KIM A/FRANK CORNELIUS
Nov 19, 1992
25
VANNIEUWENHOVEN,UNDA N
BRAATEN, BLAIR A/DAVID EMERSON
Nov 23, 1992
25
JONES,SANDRA J
LALUZERNE,KIM A/FRANK CORNEUUS
Dec 3, 1992
25
ROSENTHAL,TINA M
ANTONE,DOROTHY A/DAVID EMERSON
Dec 4, 1992
25
WEBSTER,MEUSSA A
HARVATH,JESSALYN/FAWNE RASMUSSEN
Dec 10, 1992
25
REITER, RITA
DENNY,MATTHEW ]/GERALDINE DANFORTH
Dec 14, 1992
25
CROSSMAN,JAMES D
LALUZERNE,KIM A/FRANK CORNEUUS
Dec 21, 1992
25
SKENANDORE,DAVID W
LALUZERNE,KIM A /FRANK CORNEUUS
Dec 21, 1992
25
SPIERING,MICHAEL S
LALUZERNE,KIM A /FRANK CORNELIUS
Dec 21, 1992
25
THOMAS,ROBERTA L
BAIN,ARLOUINE/SUSAN HOUSE
Dec 21, 1992
25
JOURDAN,JANICE
POWLESS,SR.,MARK
Dec 21, 1992
25
Public Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
02 / 14 / 18
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve January 24-25, 2018, regular meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. 1/24-25/18 regular BC meeting minutes DRAFT
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Secretary
Primary Requestor/Submitter:
Lisa Liggins, Information Management Specialist
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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DRAFT
Oneida Business Committee
Regular Meeting and Executive Session
8:30 a.m. Wednesday, January 24, 2018 and
8:00 a.m Thursday, January 25, 2018
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
REGULAR MEETING ON JANUARY 24, 2018
Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Council members: Daniel Guzman
King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster;
Not Present: Secretary Lisa Summers, Councilman David P. Jordan;
Arrived at: Chairman Tehassi Hill at 8:33 a.m.;
Others present: Jo Anne House, Larry Barton, Lisa Liggins, Brooke Doxtator, Dianne McLester-Heim,
Clorissa Santiago, Blair Braaten, Michelle Braaten, Stephanie Metoxen, Brooke Doxtator, Kristin
Jorgenson, Shirley Barber, Teresa Barber-Buch, Wes Martin, Leyne Orosco, Tommy Danforth, Lesley
Ness, Sue Martinez, Anita Barber, Brenda Metoxen, Tim Ninham, Diana King, Jen Falck, Rob Collins,
Delia Smith, Dr. Ravinder Vir, George Skenandore, Joanie Buckley, Dave Cluckey, Michelle DanforthAnderson, Cheryl Stevens, Richard Elm-Hill, Troy Parr, James Petitjean, Jacque Boyle, Racquel Hill;
EXECUTIVE SESSION ON JANUARY 24, 2018
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Council
members: Daniel Guzman King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster;
Not Present: Secretary Lisa Summers, Councilman David P. Jordan;
Arrived at: ;
Others present: Jo Anne House, Lisa Liggins, Larry Barton, Nate King, Tana Aguirre, Josh Doxtator,
Louise Cornelius, Chad Fuss;
EXECUTIVE SESSION AND REGULAR MEETING ON JANUARY 25, 2018
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Summers, Treasurer
Trish King, Council members: Daniel Guzman King, Jennifer Webster;
Not Present: Councilman David P. Jordan;
Arrived at: Councilman Ernie Stevens III at 8:04 a.m.; Councilman Kirby Metoxen at 8:08 a.m.
Others present: Jo Anne House, Larry Barton, Lisa Liggins;
I.
CALL TO ORDER AND ROLL CALL by Vice-Chairman Brandon Stevens at 8:31 a.m.
For the record:
II.
Secretary Lisa Summers and Councilman David P. Jordan are out on
funeral leave. Chairman Tehassi Hill is running a few minutes late.
OPENING by Councilman Daniel Guzman King
Oneida Business Committee
Regular Meeting Minutes DRAFT
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January 24-25, 2018
Public Packet
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DRAFT
III.
ADOPT THE AGENDA (00:01:03)
Motion by Trish King to adopt the agenda with one correction [under item VI.C., change “Patient ” to
“Purchased/”], seconded by Ernie Stevens III. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,
Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Lisa Summers
IV.
OATHS OF OFFICE administered by Treasurer Trish King (00:02:11)
A. Anna John Resident Centered Care Community Board – Kristin Jorgenson
B. Anna John Resident Centered Care Community Board – Shirley Barber
C. Oneida Gaming Commission – Michelle Braaten
Chairman Tehassi Hill arrives at 8:33 a.m. and assumes the responsibilities of the Chair.
V.
MINUTES
A. Approve January 5, 2018, emergency meeting minutes (00:06:05)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to approve the January 5, 2018, emergency meeting minutes, seconded by
Trish King. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
B. Approve January 10, 2018, regular meeting minutes (00:06:36)
Sponsor: Lisa Summers, Secretary
Motion by Kirby Metoxen to approve the January 10, 2018, regular meeting minutes, seconded by Trish
King. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
C. Approve January 15, 2018, emergency meeting minutes (00:06:56)
Sponsor: Lisa Summers, Secretary
Motion by Ernie Stevens III to approve the January 15, 2018, emergency meeting minutes, seconded by
Kirby Metoxen. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
Oneida Business Committee
Regular Meeting Minutes DRAFT
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January 24-25, 2018
Public Packet
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DRAFT
VI.
RESOLUTIONS
A. Adopt resolution entitled Amending resolution # BC 08-30-17-A Appointment of Liaison
Responsibilities for Organization Entities (00:07:21)
Sponsor: Lisa Summers, Secretary
Motion by Brandon Stevens to adopt resolution 01-24-18-A Amending resolution # BC 08-30-17-A
Appointment of Liaison Responsibilities for Organization Entities, seconded by Jennifer Webster. Motion
carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
B. Adopt resolution entitled Modifying the GTC Legal Resource Center Transition Plan1 (00:08:23)
Sponsor: Wesley Martin, Jr., Advocate/GTC Legal Resource Center and Tsyoslake House,
Advocate/GTC Legal Resource Center
Motion by Jennifer Webster to adopt resolution 01-24-18-B Amendment to Opening Date of the Legal
Resource Center to August 1, 2018, seconded by Trish King. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
Motion by Trish King to defer the discussion regarding the vacant attorney position to the February 20,
2018, Business Committee Work Session and for the GTC Legal Resource Center staff to be invited to
that Work Session, seconded by Brandon Stevens. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
C. Adopt resolution entitled Temporary Amendment to BC Resolution 08-28-13-B;
Authorization to Sign-Off on Purchase Referred Care – Health Care Payments (00:13:18)
Sponsor: Dr. Ravinder Vir, Division Director/Comprehensive Health Medical
Motion by Kirby Metoxen to adopt resolution 01-24-18-C Temporary Amendment to BC Resolution 08-2813-B; Authorization to Sign-Off on Purchase Referred Care – Health Care Payments, seconded by
Jennifer Webster. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
VII.
STANDING COMMITTEES
A. Legislative Operating Committee
Chair: David P. Jordan, Councilman
1. Adopt rules regarding Community Support Fund law (00:14:09)
Motion by Brandon Stevens to adopt the rules regarding Community Support Fund law, seconded by
Jennifer Webster. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
1
Correct title for the resolution is “Amendment to Opening Date of the Legal Resource Center to August 1, 2018”
Oneida Business Committee
Regular Meeting Minutes DRAFT
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January 24-25, 2018
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DRAFT
B. Finance Committee
Chair: Trish King, Treasurer
1. Approve January 15, 2018, Finance Committee meeting minutes (00:18:50)
Motion by Jennifer Webster to approve the January 15, 2018, Finance Committee meeting minutes,
seconded by Trish King. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
C. Community Development Planning Committee
Chair: Ernie Stevens III, Councilman
1. Accept November 2, 2017, Community Development Planning Committee meeting
minutes (00:19:15)
Motion by Trish King to accept the November 2, 2017, Community Development Planning Committee
meeting minutes, seconded by Kirby Metoxen. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
VIII.
APPOINTMENTS (No Requested Action)
IX.
TABLED BUSINESS (No Requested Action)
X.
UNFINISHED BUSINESS
A. Delete 2018 amended Oneida Trust Enrollment Committee/Oneida Business Committee
Memorandum of Agreement from the agenda2 (00:20:50)
Sponsor: Lisa Summers, Secretary
EXCERPT FROM JANUARY 10, 2018: Motion by Lisa Summers to defer the 2018 amended
Oneida Trust Enrollment Committee/Oneida Business Committee Memorandum of Agreement to
the January 24, 2018, regular Business Committee meeting, seconded by Jennifer Webster.
Motion carried unanimously.
Motion by Ernie Stevens III to delete the 2018 amended Oneida Trust Enrollment Committee/Oneida
Business Committee Memorandum of Agreement from the agenda, seconded by Jennifer Webster.
Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
2
This item was deleted at the request of the Trust Enrollment Director in order for the questions and concerns to be
addressed by the Oneida Trust Enrollment Committee; the item will be placed back on the Oneida Business
Committee agenda once any necessary revisions have been made.
Oneida Business Committee
Regular Meeting Minutes DRAFT
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January 24-25, 2018
Public Packet
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DRAFT
XI.
NEW BUSINESS
A. Approve request to post one (1) vacancy, for remainder of term ending July 31, 2019 –
Oneida Election Board (00:21:24)
Sponsor: Lisa Summers, Secretary
Motion by Kirby Metoxen to approve the request to post one (1) vacancy, for remainder of term ending
July 31, 2019 – Oneida Election Board, seconded by Jennifer Webster. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
B. Accept the Tribal Action Plan communication overview and strategy as information (00:22:03)
Sponsor: Ernie Stevens III, Councilman
Motion by Daniel Guzman King to accept the Tribal Action Plan communication overview and strategy as
information, seconded by Ernie Stevens III. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
C. Accept the recommendation and set the 2018 Special Election date of July 7, 2018
(00:22:40; 00:28:59)
Liaison: Tehassi Hill, Chairman
Submitted by: Racquel Hill, Chair/Oneida Election Board
Motion by Jennifer Webster to defer this item to be addressed later on this agenda when the Oneida
Election Board Chair is present, seconded by Kirby Metoxen. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
Motion by Jennifer Webster to request the Oneida Election Board to come back with an alternate date for
the 2018 Special Election at the February 14, 2018, regular Business Committee meeting, seconded by
Ernie Stevens III. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
XII.
TRAVEL
A. Approve travel request – Vice-Chairman Brandon Stevens – Alliance for Boys and Men of
Color Equity Summit – Chicago, IL – April 11-13, 2018 (00:23:25)
Motion by Jennifer Webster to approve the travel request for Vice-Chairman Brandon Stevens to attend
the Alliance for Boys and Men of Color Equity Summit – Chicago, IL – April 11-13, 2018, seconded by
Kirby Metoxen. Motion carried with one abstention:.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,
Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
David P. Jordan, Lisa Summers
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XIII.
OPERATIONAL REPORTS
A. Accept Comprehensive Health Division FY-2018 1st quarter report (00:38:11)
Sponsor: Dr. Ravinder Vir, Division Director/Comprehensive Health Medical and Debra Danforth,
Division Director/Comprehensive Health Operations
Motion by Jennifer Webster to accept the Comprehensive Health Division FY-2018 1st quarter report,
seconded by Daniel Guzman King. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Lisa Summers, Ernie Stevens III
B. Accept Governmental Services Division FY-2018 1st quarter report (01:03:40)
Sponsor: George Skenandore, Division Director/Governmental Services
Motion by Jennifer Webster to accept the Governmental Services Division FY-2018 1st quarter report,
seconded by Trish King. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Lisa Summers, Ernie Stevens III
Councilman Ernie Stevens III arrives at 2:30 p.m.
C. Accept Internal Services Division FY-2018 1st quarter report (01:32:41)
Sponsor: Joanie Buckley, Division Director/Internal Services
Motion by Jennifer Webster to accept the Internal Services Division FY-2018 1st quarter report, seconded
by Trish King. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,
Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Lisa Summers
D. Accept Community and Economic Development Division FY-2018 1st quarter report (01:50:01)
Sponsor: Troy Parr, Division Director/Community and Economic Development
Motion by Ernie Stevens III to accept the Community and Economic Development Division FY-2018 1st
quarter report, seconded by Jennifer Webster. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,
Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Lisa Summers
E. Accept Public Works Division FY-2018 1st quarter report (02:06:01)
Sponsor: Jacque Boyle, Interim Asst. Division Director/Public Works
Motion by Trish King to accept the Public Works Division FY-2018 1st quarter report, seconded by Ernie
Stevens III. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,
Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Lisa Summers
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XIV.
GENERAL TRIBAL COUNCIL
A. Petitioner Frank Vandehei – E-polls
1. Accept legal analysis (00:25:33)
Sponsor: Jo Anne House, Chief Counsel
Motion by Jennifer Webster to accept the legal analysis regarding Petitioner Frank Vandehei – E-polls,
seconded by Ernie Stevens III. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
2. Accept financial analysis status update (00:26:23)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Ernie Stevens III to accept the financial analysis status updated regarding Petitioner Frank
Vandehei – E-polls, seconded by Jennifer Webster. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
XV.
EXECUTIVE SESSION (00:27:46)
Motion by Ernie Stevens III to go into executive session at 8:59 a.m., seconded by Jennifer Webster.
Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
Motion by Trish King to come out of executive session at 10:08 a.m. to address item XI.C. Accept the
recommendation and set the 2018 Special Election date of July 7, 2018, seconded by Jennifer Webster.
Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
Roll call for the record:
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Council
members: Daniel Guzman King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster;
(00:36:33)
Motion by Brandon Stevens to go into executive session at 10:16 a.m., seconded by Kirby Metoxen.
Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Jennifer Webster
Not Present:
David P. Jordan, Lisa Summers
Chairman Tehassi Hill departed at 11:20 a.m. Vice-Chairman Brandon Stevens assumed the
responsibilities of the Chair.
The Oneida Business Committee, by consensus, took a one (1) hour recess at 12:30 p.m.
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(00:36:56)
Called to order by Vice-Chairman Brandon Stevens at 1:35 p.m.
Roll call for the record:
Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Council members: Daniel Guzman
King, Kirby Metoxen, Jennifer Webster;
Motion by Jennifer Webster to come out of executive session at 1:36 p.m., seconded by Daniel Guzman
King. Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Lisa Summers, Ernie Stevens III
(02:21:36)
The Oneida Business Committee, by consensus, took a five (5) minute recess at 2:25 p.m.
(02:22:04)
Called to order by Vice-Chairman Brandon Stevens at 3:30 p.m.
Roll call for the record:
Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Council members: Daniel Guzman
King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster;
Motion by Ernie Stevens III to go into executive session at 3:30 p.m., seconded by Daniel Guzman King.
Motion carried unanimously.
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III,
Jennifer Webster
Not Present:
Tehassi Hill, David P. Jordan, Lisa Summers
The Oneida Business Committee, by consensus, recessed at 5:40 p.m. and with an agreement to resume
executive session discussion the following day, January 25, 2018, at 8:00 a.m.
Called to order by Chairman Tehassi Hill at 8:03 a.m. on January 25, 2018.
Roll call for the record:
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Summers,
Treasurer Trish King, Council members: Daniel Guzman King, Jennifer Webster;
Councilman Ernie Stevens III arrives at 8:04 a.m.
Councilman Kirby Metoxen arrives at 8:08 a.m.
Councilman Daniel Guzman King departed 9:15 a.m.
(02:22:23)
Motion by Lisa Summers to come out of executive session at 9:56 a.m., seconded by Brandon Stevens.
Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
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A. REPORTS
1. Accept Chief Counsel report – Jo Anne House, Chief Counsel (02:22:45)
Motion by Jennifer Webster to accept the Opioid Litigation report dated January 22, 2018, as information,
seconded by Trish King. Motion carried with one abstention.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer
Webster
Abstained:
Lisa Summers
Not Present:
Daniel Guzman King, David P. Jordan
Motion by Jennifer Webster to approve participation in NCAI Amicus Brief regarding Upper Skagit Indian
Tribe v Lundgren, seconded by Ernie Stevens III. Motion carried with one abstention.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer
Webster
Abstained:
Lisa Summers
Not Present:
Daniel Guzman King, David P. Jordan
Motion by Jennifer Webster to approve a limited waiver of sovereign immunity for the Internet Access
Agreement with Brown County Register of Deeds, contract #2017-1510, seconded by Ernie Stevens III.
Motion carried with one abstention.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer
Webster
Abstained:
Lisa Summers
Not Present:
Daniel Guzman King, David P. Jordan
2. Accept Intergovernmental Affairs and Communications report – Nathan King, Director
(02:24:09)
Motion by Trish King to accept the Intergovernmental Affairs and Communications report, seconded by
Ernie Stevens III. Motion carried with one abstention.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer
Webster
Abstained:
Lisa Summers
Not Present:
Daniel Guzman King, David P. Jordan
3. Accept Gaming General Manager report – Louise Cornelius, General Manager/Gaming
(02:24:36)
Motion by Jennifer Webster to accept the Gaming General Manager report, seconded by Trish King.
Motion carried with one abstention.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer
Webster
Abstained:
Lisa Summers
Not Present:
Daniel Guzman King, David P. Jordan
Motion by Jennifer Webster to direct the Oneida Gaming Commission liaisons [Councilman Kirby
Metoxen and Vice-Chairman Brandon Stevens] to follow up with the Oneida Gaming Commission on the
Gaming General Manager concern, seconded by Trish King. Motion carried with one abstention.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer
Webster
Abstained:
Lisa Summers
Not Present:
Daniel Guzman King, David P. Jordan
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B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise Corporation – Ladies Professional Golf Association
a) Accept LPGA January 2018 update (02:25:50)
Liaison: Trish King, Treasurer
Submitted by: Josh Doxtator, Chief Operational Officer/Oneida Golf Enterprise
Corporation
Motion by Jennifer Webster to accept the LPGA January 2018 update, seconded by Ernie Stevens III.
Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
b) Review of the options regarding capital sourcing for LPGA Tournament year two
(02:26:29)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Trish King to accept the discussion and the information provided by the Chief Financial Officer,
seconded by Jennifer Webster. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
Motion by Jennifer Webster to schedule a special Business Committee meeting on Wednesday, January
3
31, 2018 , at 8:00 a.m. to finalize the capital sourcing for LPGA Tournament year two, seconded by Lisa
Summers. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
C. AUDIT COMMITTEE
Chair: David P. Jordan, Councilman
1. Accept November 16, 2017, Audit Committee meeting minutes (02:28:42)
Motion by Lisa Summers to accept the November 16, 2017, Audit Committee meeting minutes, seconded
by Brandon Stevens. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
2. Accept December 14, 2017, Audit Committee meeting minutes (02:29:05)
Motion by Lisa Summers to accept the December 14, 2017, Audit Committee meeting minutes, seconded
by Jennifer Webster. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
3
As agreed upon during the executive session discussion, the special Business Committee meeting is scheduled for
February 8, 2018, at 8:00 a.m.; the date indicated in this motion is inaccurate.
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3. Accept Bingo compliance audit and lift confidentiality requirement allowing Oneida
Nation members to view4 (02:29:18)
Motion by Jennifer Webster to accept the Bingo compliance audit and lift the confidentiality requirement
allowing Oneida Nation members to view, seconded by Kirby Metoxen. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
4. Accept Cage/Vault compliance audit and lift confidentiality requirement allowing
Oneida Nation members to view (02:32:24)
Motion by Jennifer Webster to accept the Cage/Vault compliance audit and lift the confidentiality
requirement allowing Oneida Nation members to view, seconded by Brandon Stevens. Motion carried
unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
5. Accept final Employee Advocacy Department performance assurance audit and lift
5
confidentiality requirement allowing Oneida Nation members to view (02:32:44)
Motion by Kirby Metoxen to accept the final Employee Advocacy Department performance assurance
audit and lift the confidentiality requirement allowing Oneida Nation members to view, seconded by
Jennifer Webster. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
6. Accept final Environmental Health and Safety Division performance assurance audit
and lift confidentiality requirement allowing Oneida Nation members to view (02:33:32)
Motion by Jennifer Webster to accept the final Environmental Health and Safety Division performance
assurance audit and lift the confidentiality requirement allowing Oneida Nation members to view,
seconded by Kirby Metoxen. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
7. Accept final Grants performance assurance audit and lift confidentiality requirement
allowing Oneida Nation members to view (02:33:51)
Motion by Kirby Metoxen to accept the final Grants performance assurance audit and lift the
confidentiality requirement allowing Oneida Nation members to view, seconded by Jennifer Webster.
Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
4
Secretary Summers initially opposed this action. After clarification, she withdrew her opposition and supported the
action. Chairman Hill recognized this change in voting for the record. The final, correct results are reflected here.
5
Duplicate action was inadvertently taken on this item. At time stamp 02:33:07, Motion by Brandon Stevens to
accept the final Employee Advocacy Department performance assurance audit and lift the confidentiality requirement
allowing Oneida Nation members to view, seconded by Kirby Metoxen. Motion carried unanimously.
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8. Accept final Kalihwisaks performance assurance audit and lift confidentiality
requirement allowing Oneida Nation members to view (02:34:06)
Motion by Jennifer Webster to accept the final Kalihwisaks performance assurance audit and lift the
confidentiality requirement allowing Oneida Nation members to view, seconded by Brandon Stevens.
Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
9. Accept final Oneida Community Integrated Food Services performance assurance
audit and lift confidentiality requirement allowing Oneida Nation members to view
(02:34:24)
Motion by Kirby Metoxen to accept the final Oneida Community Integrated Food Services performance
assurance audit and lift the confidentiality requirement allowing Oneida Nation members to view,
seconded by Brandon Stevens. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
10. Accept final Tourism performance assurance audit and lift confidentiality requirement
allowing Oneida Nation members to view (02:34:45)
Motion by Trish King to accept the final Tourism performance assurance audit and lift the confidentiality
requirement allowing Oneida Nation members to view, seconded by Brandon Stevens. Motion carried
unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
11. Accept final Utilities performance assurance audit and lift confidentiality requirement
allowing Oneida Nation members to view (02:35:03)
Motion by Jennifer Webster to accept the final Utilities performance assurance audit and lift the
confidentiality requirement allowing Oneida Nation members to view, seconded by Kirby Metoxen. Motion
carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
12. Accept final Veterans Services performance assurance audit and lift confidentiality
requirement allowing Oneida Nation members to view (02:35:18)
Motion by Jennifer Webster to accept the final Veterans Services performance assurance audit and lift
the confidentiality requirement allowing Oneida Nation members to view, seconded by Kirby Metoxen.
Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
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13. Accept Gaming Contracts audit and lift confidentiality requirement allowing Oneida
Nation members to view (02:35:37)
Motion by Kirby Metoxen to accept the Gaming Contracts audit and lift the confidentiality requirement
allowing Oneida Nation members to view, seconded by Trish King. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
14. Accept Information Technology audit and lift confidentiality requirement allowing
Oneida Nation members to view (02:35:54)
Motion by Brandon Stevens to accept the Information Technology audit and lift the confidentiality
requirement allowing Oneida Nation members to view, seconded by Kirby Metoxen. Motion carried
unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
15. Accept Let it Ride rules of play audit and lift confidentiality requirement allowing
Oneida Nation members to view (02:36:13)
Motion by Trish King to accept the Let it Ride rules of play audit and lift the confidentiality requirement
allowing Oneida Nation members to view, seconded by Kirby Metoxen. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
16. Accept Parimutuel Wagering audit and lift confidentiality requirement allowing Oneida
Nation members to view (02:36:28)
Motion by Kirby Metoxen to accept the Parimutuel Wagering audit and lift the confidentiality requirement
allowing Oneida Nation members to view, seconded by Trish King. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
17. Accept Player Tracking compliance audit and lift confidentiality requirement allowing
Oneida Nation members to view (02:36:42)
Motion by Ernie Stevens III to accept the Player Tracking compliance audit and lift the confidentiality
requirement allowing Oneida Nation members to view, seconded by Trish King. Motion carried
unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
18. Accept Slot Year End compliance audit and lift confidentiality requirement allowing
Oneida Nation members to view (02:37:00)
Motion by Kirby Metoxen to accept the Slot Year End compliance audit and lift the confidentiality
requirement allowing Oneida Nation members to view, seconded by Ernie Stevens III. Motion carried
unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
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19. Accept Surveillance compliance audit and lift confidentiality requirement allowing
Oneida Nation members to view (02:37:16)
Motion by Ernie Stevens III to accept the Surveillance compliance audit and lift the confidentiality
requirement allowing Oneida Nation members to view, seconded by Kirby Metoxen. Motion carried
unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
20. Accept Table Games compliance audit and lift confidentiality requirement allowing
Oneida Nation members to view (02:37:36)
Motion by Kirby Metoxen to accept the Table Games compliance audit and lift the confidentiality
requirement allowing Oneida Nation members to view, seconded by Jennifer Webster. Motion carried
unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
21. Accept Title 31 compliance audit and lift confidentiality requirement allowing Oneida
Nation members to view (02:37:52)
Motion by Ernie Stevens III to accept the Title 31 compliance audit and lift the confidentiality requirement
allowing Oneida Nation members to view, seconded by Jennifer Webster. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
D. TABLED BUSINESS (No Requested Action)
E. UNFINISHED BUSINESS (No Requested Action)
F. NEW BUSINESS
1. Review draft OBC SOP entitled Oneida Golf Enterprise (ODE) Equity Transfer
(02:38:11)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Jennifer Webster to defer the draft OBC SOP entitled Oneida Golf Enterprise (OGE) Equity
Transfer to the Treasurer’s Office to work with Finance to finalize an internal Finance SOP, seconded by
Kirby Metoxen. Motion carried with one abstention.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer
Webster
Abstained:
Lisa Summers
Not Present:
Daniel Guzman King, David P. Jordan
Motion by Jennifer Webster to direct the Oneida Golf Enterprise Corporation liaisons [Treasurer Trish
King, Chairman Tehassi Hill, Secretary Lisa Summers, and Councilman Ernie Stevens] to seek input from
the full OBC and bring back a reporting format for approval at the February 14, 2018, regular Business
Committee meeting, seconded by Brandon Stevens. Motion carried with one abstention.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer
Webster
Abstained:
Lisa Summers
Not Present:
Daniel Guzman King, David P. Jordan
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2. Review applications for two (2) vacancies – Oneida Library Board (02:39:16)
Sponsor: Tehassi Hill, Chairman
Motion by Jennifer Webster to accept the discussion regarding items XV.F.2.-XV.F.7. as information,
seconded by Brandon Stevens. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
3. Review applications for five (5) vacancies – Southeastern Oneida Tribal Services
Advisory Board (02:39:16)
Sponsor: Tehassi Hill, Chairman
Motion by Jennifer Webster to accept the discussion regarding items XV.F.2.-XV.F.7. as information,
seconded by Brandon Stevens. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
4. Review applications for one (1) vacancy – Oneida Nation Veteran Affairs Committee
(02:39:16)
Sponsor: Tehassi Hill, Chairman
Motion by Jennifer Webster to accept the discussion regarding items XV.F.2.-XV.F.7. as information,
seconded by Brandon Stevens. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
5. Review applications for two (2) vacancies – Oneida Pow-wow Committee (02:39:16)
Sponsor: Tehassi Hill, Chairman
Motion by Jennifer Webster to accept the discussion regarding items XV.F.2.-XV.F.7. as information,
seconded by Brandon Stevens. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
6. Review applications for two (2) vacancies – Pardon and Forgiveness Screening
Committee (02:39:16)
Sponsor: Tehassi Hill, Chairman
Motion by Jennifer Webster to accept the discussion regarding items XV.F.2.-XV.F.7. as information,
seconded by Brandon Stevens. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
7. Review recommendations for two (2) vacancies and four (4) alternates – Pardon and
Forgiveness Screening Committee (02:39:16)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to accept the discussion regarding items XV.F.2.-XV.F.7. as information,
seconded by Brandon Stevens. Motion carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
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8. Accept the community budget input meeting packet and forward to special Work
Session on February (02:40:12)
Sponsor: Trish King, Treasurer
Motion by Kirby Metoxen to accept the community budget input meeting packet and forward to special
Business Committee Work Session on February 9, 2018, at 8:30 a.m., seconded by Trish King. Motion
carried unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
II.
ADJOURN (02:40:46)
Motion by Trish King to adjourn at 10:14 a.m., seconded by Ernie Stevens III. Motion carried
unanimously.
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, David P. Jordan
Minutes prepared by Lisa Liggins, Information Management Specialist
Minutes approved as presented on _____________.
____________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
02 / 14 / 18
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve February 8, 2018, special meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. 2/8/18 special BC meeting minutes DRAFT
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Secretary
Primary Requestor/Submitter:
Lisa Liggins, Information Management Specialist
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
1. Meeting Date Requested:
2
I 14 I 18
2. General Information:
Session:
~
Open
AgendaHeader:
D Executive- See instructions for the applicable laws, then choose one:
~'R_e_so_l_ut_io_n_s______________________________________________________~
D Accept as Information only
~
Action - please describe:
The Administration for Children and Families is requesting a resolution for the 2018-2021 Tribal Temporary
Assistance for Needy Families (T ANF) plan be approved and signed by the Tribal Council.
A required public meeting was held on January 31,2018.
3. Supporting Materials
D Report
~
D Contract
~ Resolution
Other:
1..-1U-p-d-at_e_d_M_a_y_2_0_1-8--A-p-ri-l2_0_2_1_p-la_n_ _ _ ____,
4.
2.1Signed copy of letter of Intent
~
3.
Business Committee signature required
4. Budget Information
D Budgeted -Tribal Contribution
~
Budgeted- Grant Funded
D Unbudgeted
5. Submission
AuthorizedSponsor/Liaison:
LIG_e_o~rg~e_S_k_e_n_an_d_o_r_e______________________________________~
Primary Requestor/Submitter:
Delia Smith, Community Economic Support Director, Economic Support
Your Name, Title I Dept. or Tribal Member
Additional Requestor:
Barbara Metoxen, Economic Support Program Manager, Economic Support
Name, Title I Dept.
Additional Requestor:
Name, Title I Dept.
Page 1 of2
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The TANF Program provides assistance to needy families so that children may be cared for in their own home or
in the home of a relative; to reduce dependency on public benefits by promoting job preparation, work and
marriage; to help prevent and reduce the incident of out-of-wedlock (unplanned) pregnancies; and encourage
the formation and maintenance oftwo-parent families. The Oneida Nation has continued to support the TANF
program for several years. Per ACF policy, the program has to submit a new plan every three years.
Program management and staff continue to explore ways to address the community needs through each plan
and make the necessary changes that support those needs. The program expects to become more involved and
active within the community through outreach and education. There are several resources available through the
program, our goal to reach as the families that can benefit from the services.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of2
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Oneida Nation
Post Office Box 365
Oneida, WI 54155
Phone: (920)869-2214
BC Resolution # _____________
Temporary Assistance to Needy Families (TANF) 2018-2021
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 determined that the overall goal of the Oneida Nation is to protect,
maintain and improve the standard of living and the environment in which the Oneida
people live; and
WHEREAS,
the Oneida Business Committee recognizes and supports the efforts of the Tribal TANF
Program to ensure the primary purposes of the Federal Personal Responsibilities and
Work Opportunities Reconciliation Act; and
WHEREAS,
the Oneida Business Committee hereby supports implementation of the proposed Tribal
TANF Plan for the 2018-2021 Period; and
NOW THEREFORE BE IT RESOLVED, that upon approval by the Administration of Children and
Families, the Oneida Nation TANF Program will be implemented according to the provisions set forth
within the Plan in the broadest manner possible, while meeting established standards.
BE IT FINALLY RESOLVED, that the Oneida Nation authorizes and supports the submission of a grant
application to the Administration for Children and Families, U.S. Department of Health and Human
Services for the Temporary Assistance to Needy Families (TANF) in the amount of $835,924.00.
GRANT SYNOPSIS
GRANT:
PROGRAM:
PROGRAM DIRECTOR:
MATCH:
Tribal Temporary Assistance to Needy Families (TANF)
Economic Support
Delia Smith, Community Economic Support Director
None
SUMMARY:
The TANF Program will provide assistance to needy families so that children
may be cared for in their own home or in the home of a relative; to reduce
dependency on public benefits by promoting job preparation, work and
marriage; to help prevent and reduce the incident of out-of-wedlock
(unplanned) pregnancies; and encourage the formation and maintenance of
two-parent families.
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Oneida Nation
Chairman
Oneida Business Committee
~
ONEIDA
December 7, 2017
Administration for Children and Families
Thomas Schindler ACF
23 3 N Michigan Avenue - Suite 400
Chicago IL 60601
Dear Mr. Schindler:
This letter serves as notice to the Administration for Children and Families that
the intent of Oneida Nation of Wisconsin is to continue operating a Tribal Temporary Assistance
to Needy Families (TANF) program. There are no significant changes from the previous plan set
to expire on April 30, 2018; therefore, the Community Economic Support Department will be
submitting the continuation TANF plan no later than February 28, 2018. The plan will be sent
via US mail and will encompass May 1, 2018- April30, 2021.
The contact person for the administration ofthe Oneida Nation's TANF Program is Delia Smith,
Community Economic Suppmi Director. Ms. Smith can be reached directly
at (920) 490-3776 or by e-mail dsmith1@oneidanation.org. I can be reached at (920) 869-4389
or by email Thil17@oneidanation.org.
Respectfully,
Tehassi Hill, Cha:itman
Oneida Nation of Wisconsin
CC: George Skenandore- Division D:it·ector- Govemmental Services
Tsyoshaaht Delgado- Social Services Area Manager
Barbara Metoxen- Economic Support Program Manager
Page 1 of 1
PO Box365 • Oneida, WI54155·D365
oneida-nsn.gov
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ONEIDA NATION OF WISCONSIN
TRIBAL TANF PLAN
For grant period
May 1, 2018 through April 30, 2021
=DCXXXJO=
ONEIDA
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MISSION STATEMENT
The Oneida Nation TANF program's mission is to promote work
and personal responsibility to strengthen Oneida and other enrolled
Native American families. We will work together with the
customers and other community resources to promote program
goals in a comprehensive manner while respecting individual
dignity, culture, and self-worth.
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Table of Contents
Definitions & Acronyms ................................................................................................................. 5
Disclaimer ....................................................................................................................................... 9
I.
TRlBAL TANF GOALS .............................................................................................. 10
II.
DESIGNATED AGENCY ........................................................................................... 11
III.
PERJOD COVERED BY ONEIDA TRJBAL TANF PLAN ....................................... 11
IV.
SERVICE DELIVERY AREA ..................................................................................... 11
V.
SERVICE POPULATION ........................................................................................... 11
VI.
REVIEW AND COMMENT ON ONEIDA TRlBAL TANF PLAN .......................... 12
VII.
INDIAN FAMILIES RELOCATING INTO SERVICE DELIVERY AREA .............. 12
VIII.
TANF ASSISTANCE AND SERVICES DESCRlPTION .......................................... 13
IX.
TANF SUPPORTIVE SERVICES ............................................................................... 13
X.
TANF DIVERSION SERVICES ................................................................................. 15
XI.
EARNED AND UNEARNED INC 0 ME............... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .... ... 16
XII.
RESOURCES AND ASSETS ...................................................................................... 16
XIII.
ELIGIBILITY AS RELATED TO THE PURPOSES OF TANF ................................ 16
XIV.
COORDINATION/COLLABORATION WITH OTHER PROGRAMS .................... 17
XV.
CHILD SUPPORT ENFORCEMENT ......................................................................... 18
XVI.
CHILD CARE PROVISIONS ...................................................................................... 18
XVII.
EMPLOYMENT OPPORTUNITIES ........................................................................... 18
XVIII.
TRJBAL TANF W 0 RK A CTIVITIES/PARTI CIPATI ON ......................................... 19
XIX.
MANDATORY WORK REQUIREMENTS ............................................................... 19
XX.
LIMITATIONS AND SPECIAL RULES .................................................................... 20
XXI.
DOMESTIC VIOLENCE OPTION ............................................................................. 22
XXII.
TIME LIMITS .......................................................................................... ,................... 23
XXIII.
HARDSHIP EXEMPTIONS ........................................................................................ 24
XXIV.
PENALTIES/SANCTIONS ....................................... .'................................................. 24
XXV.
GOOD CAUSE FOR EXEMPTION FROM WORK PARTICIPATION ................... 25
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XXVI.
APPEAL RIGHTS AND PROCESS ............................................................................ 25
XXVII.
TRIBAL OPTIONS ...................................................................................................... 26
XXVIII. CONFIDENTIALITY .................................................................................................. 26
XXIX.
NON-DUPLICATION OF SERVICES ........................................................................ 26
XXX.
FAIR AND EQUITABLE SERVICES ........................................................................ 27
XXXI.
FISCAL ACCOUNTABILITY .................................................................................... 27
XXXII.
DATA COLLECTION AND REPORTING ................................................................ 27
XXXIII. RETROCESSION ........................................................................................................ 27
Signatures ...................................................................................................................................... 26
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Definitions & Acronyms
AODA : Alcohol or Other Dmg Abuse
ASE: Automotive Service Excellence
Caretaker: Relative 18 years of age or older caring for a dependent child(ren) for whom they are not
legally responsible for
Case Manager: the Economic Support Specialist worker assigned to handle the TANF case
Child Care related service: Direct care for a child while a parent/caretaker is involved in an
approved activity, to include registration fee, transportation fee, activity fee and this list is not all
inclusive
Crisis: a temporary intenuption of income or loss of earned/unearned income, job loss or layoff of
working families member, major appliance repair or replacement, illness of more than 5 consecutive
days from employment, vehicle repairs that exceed $100.00 , major home repair (furnace), or
emergency medical travel-of more than 100 miles
Crisis Assistance: a non-recuning benefit that may assist with rent/security deposit or utility
disconnection
Culturally relevant activities: Native American ceremonies, events or meetings
Cultural/Spiritual Advisor: Person/s recognized within the Native American community, I.e.
Longhouse such as a Chief, Faithkeeper, Clanmother, Seer; Native American Church Leader
Custodial Parent: A biological parent who has physical placement of their minor dependent childlren
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Dependent child(ren): 45 CFR (Code of Federal Regulations) 286.5 Minor child is (1) an individual
who has not attained 18 years of age; or (2) has not attained 19 years of age and is a full time student
in a high school.
Diversion: A component of the TANF program that provides support services to families as an
alternative to applying for cash assistance and to promote employment retention
Earned income: is defmed as, but is not limited to, wages from employment
Education Review Team (ERT): Three (3) TANF case management staff not currently managing the
case. This excludes staff if they are an immediate relative to the family member. In this situation, an
alternate of the agency who is knowledgeable of the TANF program will be requested. The ERT
meets to approve or deny a post-secondary education student for cash payment assistance based on
financial aid resources and other factors according to the post-secondary policy and procedure
Exemption: verified conditions that exist which inhibit an ability to participate
Extenuating Circumstances: Unforeseen circumstances and/or conditions that affect the stability of a
families ability to become and maintain self-sufficiency as determined by the TANF Review team
Extreme weather: treacherous, hazardous road/travel conditions, dangerous temperatures, severe
thunder storm, snow or tornado watch or warning
Family: Social group consisting of parents/caretakers and their minor dependent children
FPL: Federal Poverty Level
Incentive: A reward for an action which motivates effort toward success
Immediate Family Member: Husband, wife, mother-in-law, father-in-law, mother, father, son,
daughter, brother, sister, grandparent, grandchildren, great grandparents, great-grandchildren,
spouse's great grandparents, spouse's grand-parents, son-in-law, daughter-in-law, brother-in-law,
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sister-in-law. Immediate family member also includes legally-recognized family members that
establish
the
following
relationships,
such
as
step-parent,
step-grandparent,step-great
grandparents/grandchildren adopted child, foster child, and guardian.
Non-Custodial Parent: The biological parent as established through patemity by Child Support
agency records or voluntary paternity acknowledgement form, who is not residing in the home with
the child/ren.
Per capita payments: payments made to emolled tribal members from gaming revenue or other
natural resources
Qualified health professional: State Certified Counselor, Psychotherapist, Psychologist, Social
Worker, Physician, or Physician Assistant
Self-Sufficiency: The state of providing for oneself without the help of others; independent
Serious illness or injury: communicable/contagious medical condition, physical injury resulting from
accident or traumatic situation
Short-term education/training: education courses/training less than one year in duration from an
accredited institution ofhigher leaming
Social Security Administration benefits: Federal Supplemental Security Income, Surviving Spouse or
Child Benefits, Social Security Disability Income, Social Security Retirement, Social Security
Spouse, Social Security Disabled Widow or Widower, Social Security Supplemental Income
Exceptional (Special Needs person), State Supplemental Security Income and Caretalcer Supplement
Benefits income for child/ren of disabled parent(s)
Support Services: Assistance identified specifically to assist a family in addressing barriers to selfsufficiency
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TANF: Temporary Assistance for Needy Families
TANF Review Committee: Community Economic Support Director (or designee), Intake
Coordinator, and two other TANF case managers.
TANF Child Only Grant: Payment for childlren being cared for by a relative caregiver
TANF Manager: The Economic Support Program Manager
Temporary Absence: When a parent/caretaker is out of the home for a defmed period of time
Transportation assistance: Vehicle repair and/or replacement, bus pass, fuel assistance, towing,
diagnostic testing, interlock ignition installation costs and/or fees
Unearned income: is defined as, but is not limited to, unemployment compensation benefits, social
security (retirement, survivor and disability) benefits, child support,. tribal per capita, veterans
benefits
W.I.O.A.: Wisconsin Investment and Opportunity Act
Work Activity: An allowable activity designed to promote family wellness and self-sufficiency
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Disclaimer
All forms of monetary assistance described in this plan, are
subject to funding availability. All crisis and diversion support
services may require up to 10% customer contribution. ·
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I.
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TRIBAL TANF GOALS
The TANF Program will promote work and personal responsibility to strengthen families. The
Program will provide assistance to needy families so that children may be cared for in their own
homes or in the homes of relatives; reduce dependency on public benefits by promoting job
preparation, work and maniage; prevent and reduce the incidence of out-of-wedlock (unplanned)
pregnancies; and encourage the formation and maintenance of two-parent families. The goals of the
program are:
A.
To provide comprehensive services to TANF eligible Native American families with children
(or expecting a child), in need of temporary assistance ..
B.
To provide parent(s) or caretalcer(s) with employment preparation and/or supportive services
that promotes self-sufficiency and responsibility to strengthen families and to decrease the
need for public assistance.
C.
To provide essential assistance for the preservation of Native American family life and
culture.
D.
To collaborate with the Pregnancy Prevention and other programs in the community in an
effort to educate customers on personal responsibility and prevention of out-of-wedlock
births.
E.
To assist non-custodial parents with support services to obtain or maintain employment
allowing for monetary support for their child/ren, where no other resources exist.
F.
The TANF program will provide training opportunities forT ANF relevant training for staff
(such as Case Management, TAS-Eaglesun Data Collection training, etc).
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G.
II.
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The Nation is committed to meeting a 35% work participation rate.
DESIGNATED AGENCY
The Oneida Nation's Oneida Economic Support Services is the authorized agency responsible for the
administration of the TANF program for the Oneida Nation and will be responsible for the delivery
of TANF services to eligible enrolled Native Americans residing within Brown and Outagamie
counties in the State of Wisconsin. The agency is located at 2640 West Point Road in Green Bay,
Wisconsin 54313.
Ill.
PERIOD COVERED BY ONEIDA TRIBAL TANF PLAN
The Oneida Nation intends to operate a Tribal TANF Program for a three (3) year period beginning
May 1, 2018 through April30, 2021.
IV.
SERVICE DELIVERY AREA
The program may serve TANF eligible families defined as enrolled members of the Oneida Nation
residing within Brown or Outagamie counties, or other income-eligible family consisting of enrolled
members of a federally recognized Indian tribe/nation residing within the Oneida Nation reservation
boundaries.
V.
SERVICE POPULATION
The program may serve only enrolled members of federally recognized Indian Tribes. The Oneida
Nation TANF reflects a total population of approximately, 7,575 Native Americans. The program
defines needy families as those meeting the service population description that have a family income
equal or less than 185% of the Federal Poverty Level (FPL). Families are defmed as:
A.
Custodial parent( s) eighteen (18) years of age or older with dependent child/ren
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B.
Step-parent eighteen (18) years of age or older with dependent child/ren
C.
Legal guardian eighteen (18) years of age or older with dependent child/ren
D.
Enrolled Native American pregnant (with first bam child) woman eighteen (18) years of age
or older, in 3rd trimester (at least seven (7) months)
E.
Caretaker relative eighteen (18) years of age or older, of dependent enrolled Native American
child/ren
F.
Enrolled Native American caretaker eighteen (18) years of age or older, of dependent
child(ren)
Note: Dependent child according to 45 CFR286.5, Minor child is one (1) an individual who has not
attained eighteen (18) years of age; or two (2) has not attained nineteen (19) years of age and is
enrolled as a full time high school student and regularly attending classes.
VI.
REVIEW AND COMMENT ON ONEIDA TRIBAL TANF PLAN
The Oneida Nation Economic Support Services administers the TANF Program under Oneida
Nation's tribal Resolution# 12-11-02-B which supports implementation ofthe Oneida Tribal TANF
Plan. Opportunity for public comment has been provided through two (2) community meetings held
January 31,2018 at 10 a.m. and at 5:30p.m.
VII.
INDIAN FAMILIES RELOCATING INTO SERVICE DELIVERY AREA
Families moving into the service delivery area will be required to verify the following information:
A.
A minimum of 30 days of residency in service delivery area and;
B.
Tribal enrollment for at least one (1) member ofthe family group and;
C.
If applicant was a former TANF customer, verification of case closure from previous
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county/state/ tribal agency is required.
VIII.
TANF ASSISTANCE AND SERVICES DESCRIPTION
With the exception of Crisis and Diversion Assistance, which has its own eligibility criteria, all other
services and assistance are limited to families that meet the Nation's definition of needy. The
program may provide assistance as follows:
A.
Cash assistance
B.
Child care related services
C.
Crisis support services
D.
Diversion support services
E.
Pregnancy prevention and educational services
F.
Life skills training
G.
Youth employment
IX.
TANF SUPPORTIVE SERVICES
The program may assist TANF cash payment, and non-custodial parent(s) ofTANF eligible child!ren
with the following supportive services to obtain or maintain employment:
A. Short-te1m vocational education to promote job training and employability
B. Required work activity expenses not covered by any other resource
C. Child care transportation costs, a portion of parent payment, or registration fee unable to be met
by the parent(s) not otherwise allowed by other child care resources
D. Employment related or educational supportive expenses required for TANF work participation or
employment/training including but not limited to:
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a.
Uniforms/work clothing, shoes, safety shoes
b.
Safety glasses, work tools
c.
Books and tuition (not covered by any other resource)
d.
Professional license or certification fees
E. Transportation assistance to include:
a.
Gas assistance, transit pass and/or cab fare (where no other resources are available)
b.
Auto repair
c.
Drivers' license exam, reinstatement, Drivers safety course (Group Dynamics class)
and/or Driving Instruction Course
d.
Auto insurance
e.
AODA assessment fee
f.
Ignition Interlock assistance
F. Vehicle replacement for employed applicant
G. Incentives:
a.
Education
b.
Employment retention
c.
Savings account match
Miscellaneous supportive incentives
d.
Newborn basic necessities
e.
Marriage
f.
Healthy relationships
g.
Birth certificates and/or tribal emollment fees
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h.
General household assistance (personal hygiene/cleaning supplies)
1.
School preparation assistance (supplies and/or clothing)
J.
Life skills training
H. Cultural and Educational outreach activities & cultural family activities
X.
TANF DIVERSION SERVICES
Diversion services provide assistance that diverts a family from having to apply for TANF cash
payment assistance. Eligibility for diversion will be determined using up to 200% ofthe Federal
Poverty Level (FPL). Services available may include but are not limited to:
A. Domestic Violence counseling
B. Culturally relevant support services that promote wellness
C. Child care transportation costs, a portion of parent payment, or registration fee unable to be met
by the parent(s) not otherwise allowed by other child care resources
D. Juvenile services
E. AODA/ Mental Health Counseling/Treatment
F. Relocation expenses related to secured employment
G. Short-term accredited education
H. Transportation assistance
I.
Employment expenses
J. Vehicle repair/replacement
K. Life skills training
L. Outpatient Services for AODA and/or Mental Health
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EARNED AND UNEARNED INCOME
A 20% deduction will be applied to gross earned income, and will be counted as available income in
determining a TANF grant amount. The program will disregard child support being deducted from
current employment pay stubs for child/ren not residing in the household. The program will disregard
any minor dependent's trust funds or earned income up to age 19 if still attending high school.
All unearned income will be counted as available income in determining aTANF grant amount. The
program will disregard the first $200.00 of child support received.
EXCLUSIONS:
The program will exclude all Indian Judgment funds, other disbursements that are excluded under
Federal Law, and a percentage of tribal per capita payment(s).
XII.
RESOURCES AND ASSETS
One automobile per TANF eligible adult can be excluded from the asset limit of $2,500.00. Any
additional vehicles (including recreational vehicles) will be counted toward the asset limit using
value listed in the NADA or Kelly Blue book. All other assets, i.e., property (other than primary
residence), mineral rights, stocks/bonds, Individual Retirement Accounts, Certificates ofDeposits,
Savings or Checldng Accounts, will be considered as available assets, if they can be converted to
cash in excess of the asset limit.
XIII.
ELIGIBILITY AS RELATED TO THE PURPOSES OFTANF
Eligibility forTANF assistance and services is as established in the Oneida Nation's approved TANF
Plan.
Only needy families, as defined in the TANF Plan, may receive: (a) any form of Federally or State
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MOE funded "assistance" (as defined in 45 CFR 286.1 0); or (b) any benefits or services pursuant to
TANF purposes 1 or 2. "Needy" means financially deprived, according to income and resource (if
applicable) criteria established in the TANF plan by the Oneida Nation to receive the particular
"assistance," benefit or service. The Nation may use segregated Federal TANF funds to provide
services (and related activities) that do not constitute "assistance" (as defined in 45 CFR 286.1 0) to
individuals and family members who are not financially deprived but who need the ldnd of services
that meet T ANF purposes 3 or 4. Objective criteria will be established for participation in these
programs.
XIV.
COORDINATION/COLLABORATION WITH OTHER PROGRAMS
The program will collaborate with other Tribal, State and Federal service providers to assist
applicants with obtaining comprehensive services. Team case management may be conducted with
behavioral health professionals in an effort to holistically address identified barriers to employment.
The Program will collaborate with local school systems, daycare providers and Head Start/Early
Head Start, the Nurturing Fathers (Fatherhood Initiative), Juvenile Diversion, Parenting, Pregnancy
Prevention, Indian Child Welfare (ICW), Arts and other Cultural programs, Domestic Violence
program and Child Support Enforcement programs to promote healthy families.
The Oneida Economic Support Services administers numerous public and private programs,
including State Food Share and Medicaid programs, State and Federally funded child care subsidy
programs, tribal Vocational Rehabilitation, Energy Assistance, Job Center. The Economic Support
Services department has a drop-in, on-site daycare for customer convenience.
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CHILD SUPPORT ENFORCEMENT
The Oneida Tribal TANF Program will work collaboratively with the Oneida Nation Child Support
Enforcement Program whose purpose is to establish paternity, locate and enforce child support
orders and work with the absent parent(s) in financially providing support for their child/ren. Noncooperation with child support agency will result in the immediate denial of eligibility until
compliance is verified.
In accordance with the provisions set forth in 45 C.P.R., section 286.75(8), the TANF agency will
require cooperation with child support agencies, except when good cause is verified and approved.
Any child support collections will be passed through to the family or caretaker of the dependent(s ).
XVI.
CHILD CARE PROVISIONS
Child Care Services Program will be responsible for resources to cover expenses associated with
child care needs for TANF eligible families. The Child Care Services Program administers various
grant-funded programs to assist with child care subsidies for low-income families and families
experiencing a need for respite child care. Providers of the program are licensed daycare facilities,
certified providers, or provisionally-certified family care-givers.
XVII.
EMPLOYMENT OPPORTUNITIES
Employment opportunities are accessible by private vehicle, Oneida Public Transit, Green Bay Metro
and the Fox Valley Transit systems. The Oneida Nation is one of the largest employers in northeast
Wisconsin, with opportunities available in areas including; gaming, health care, retail, social
services, education, hospitality, recreation, agriculture, and the business entities of the organization.
The TANF program also provides funding for youth employment. The Green Bay and Appleton
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areas provide employment oppmiunities in the areas of manufacturing, retail, hospitality/restaurants
and other businesses.
XVIII.
TRIBAL TANF WORK ACTIVITIES/PARTICIPATION
The following is a list of acceptable, but not all-inclusive work activities,:
A.
Work supplementation
B.
Subsidized employment
C.
Work experience
D.
Work search/job readiness
E.
Education/Vocational training
F.
Job skills, life-skills classes/training
G.
Individual or group counseling
H.
Other- barrier related appointments, medical, physical therapy, counseling, groups such as
domestic violence classes, children IEP meetings, parent-teacher conferences and home
visits, children's medical and/or counseling, physical therapy appointments and other
therapeutic appointments, providing constant care of severely ill child or other immediate
family member and self-care when medical limitations exist due to illness or injury
I.
Small business, entrepreneurial training
· J.
Culturally-relevant work activities
XIX.
MANDATORY WORK REQUIREMENTS
The Oneida Nation TANF program pmiicipation rates are:
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Work Participation Rates
Population: All families (except non-needy caretaker)
Minimum participation rate for year one= 35%
Minimum pmiicipation rate for yem· two= 35%
Minimum participation rate for year three= 35%
Weekly Work Hour Requirements
Population: All families (except TANF Child Only) will be required to participate in the
following work hours to maintain eligibility forTANF assistance unless medically exempt as
verified by a physician statement:
FY2018 (May 2018 through April2019) minimum 32 hours
FY2019 (May 2019 through April2020) minimum 32 hours
FY2020 (May 2020 through April2021) minimum 32 hours
The case manager reserves the right to determine whether one or both parents m·e required to
participate to meet the minimum work hour requirements
XX.
LIMITATIONS AND SPECIAL RULES
An individual shall be considered engaged in a work activity by participating in any work activity
specified in this plan. If placing a customer injob search and job readiness assistance, as the sole
work activity, this can only count for six (6) weeks in any fiscal year. To comply with 45CFR
286.105 (b) and (c).if job search/job readiness is an ancillary part of other activities, there is no
limitation for time (weeks) spent in job search/readiness. If the Oneida Nation's unemployment
rate in the TANF service delivery area is at least 50 percent greater than the United States' total
unemployment rate for that fiscal year, then an individual's participation in job search or job
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readiness assistance activities only can be counted for up to twelve (12) weeks in that fiscal year.
Caretaker of Newborn (CNB) cash payment assistance may be available for single or two parent
families until the child reaches the age of twelve (12) weeks.
No penalty will be assessed for a parent caring for a child under the age of six (6) years that cannot
complete their work activities for the following verified reasons:
•
Unavailability of"appropriate child care", within a reasonable distance from the participant's
home or work site; or unavailability of appropriate and affordable child care in certain
circumstances such as third shift employment. "Appropriate child care" is defined as a
•
Formal or informal child care arrangement. Formal child care means at least one licensed or
certified child care facility. If formal child care is unavailable within a reasonable distance
from the parent(s) home or work site no penalty will be assessed. "Informal child care" is
defined as an arrangement in which the child care provider is neither licensed nor certified
(family or relative care). Participants who use this type of arrangement are not eligible for
TANF child care assistance and other reSOlJ!"Ces will be sought to assist a family.
•
"Reasonable distance" is defined as child care within one hour (one-way), commuting, using
available transpmia:tion, from parent(s) home to the child care provider's location to the
parent(s) work activity site. Travel time may be extended on a case by case basis.
•
"Unsuitability of informal child care", because aTANF participant cannot be required to use
infmmal child care, the pmiicipant will be allowed to determine whether informal child care
is unsuitable. The Nation's CCDF program guides the participant in selecting child care.
•
"Affordable child care" is care that is not above the State ofWisconsin's Shares Child Care
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Subsidy program rates for licensed and certified child care. A TANF pmiicipant who has
formal (i.e., licensed or certified) care available within a reasonable distance (as defined in
policy) is deemed to have access to affordable child care anangements.
A teen parent (age 18) who has not graduated high school or obtained their GED/HSED may be
considered for a TANF grant with satisfactmy attendance as their only required activity, attending
school for a minimum of four (4) hours per day to meet the minimum work requirements. When
school is not in session for summer months, the teen parent(s) must fully engage in work
participation activities. Sanctions may be imposed for failure to participate.
Upon verification from a certified/licensed counselor/caseworker, or cultural advisor(s) that a
customer is actively and successfully pmiicipating in an AODA/Mental Health inpatient treatment,
the hours will count toward work pmiicipation. Outpatient customers will be required to complete
the required forty (40) hours of work participation per week which includes the scheduled outpatient
hours. Failure to successfully participate will result in sanction or suspension from the program.
XXI.
DOMESTIC VIOLENCE OPTION
The Program elects to support the Domestic Violence Resolution as certified by the Oneida Business
Committee 6-27-01-H. Verification from a domestic violence program that the participant is
cunently attending scheduled appointments is required. Domestic violence victims may be exempt
from full work pruiicipation, not to exceed three (3) months, with verification from a cunent police
repmi and a certified/licensed counselor or cultural/spiritual advisor. Individual and group
counseling sessions will count towards meeting the thirty two (32) hour/week work participation
requirements according to federal regulations. The Oneida Domestic Violence program provides an
intensive case management program that includes a women's and men's suppmi group and other
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follow-up services. The program certifies assurance of compliance to CFR 286.140 regarding special
provisions applied to victims of domestic violence. Support service assistance may be available to
TANF eligible families who are victims of domestic violence where no other resources exist and as
verified by a current police report and domestic violence program. Services can include lodging,
food, clothing/footwear, school supplies, transportation, storage costs, shelter cost.
Collaboration between the TANF and Domestic Violence programs will occur prior to the above
services being rendered to avoid duplication.
XXII.
TIME LIMITS
The Oneida Nation establishes a sixty (60) month cumulative (whether consecutive or not) lifetime
limit for Oneida Nation TANF recipients to receive TANF cash payment assistance. The Oneida
Nation reserves the right to request an extension beyond the sixty (60) month time limit for federally
funded cash assistance based on case documentation. Such requests shall be routed through both the
Regional ACF Office (Chicago) and Federal ACF Office (Washington, D.C.) authorizing agencies,
prior to implementation. The Nation will count prior months of assistance from any State or Nation
funded with TANF block grant funds, except for any month that was exempt or disregarded by
statute, regulations, under any experimental pilot, or demonstration project approved under Section
1115 of the Social Security Act.
Oneida Nation TANF will not count benefits received by another Tribal/State TANF program if the
applicant lived on an Indian reservation that had 50% unemployment rate or higher, during the time
of eligibility for assistance.
When the TANF family reaches the sixty (60) month time limit, cash assistance will end if there are
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no extenuating circumstances that indicate a request for an extension should be made. Child only
grants are exempt from the 60 month time limit.
XXIII.
HARDSHIP EXEMPTIONS
Hardship exemptions are defined as verified conditions that exist which inhibit an ability to
participate in work activities. The program may consider the following categories as exemptions
from the sixty (60) month time limit on a case-by-case joint consultation between the case manager,
other qualified health care professionals:
A.
Individual unable to maintain gainful employment as verified by physician and/or other
qualified health care professional
B.
A participant caring for an immediate family member age fifty-five (55) and older, a disabled
immediate family member, or dependent child in need of medical care
C.
An individual that is temporarily absent from the family assistance group
NOTE: The Oneida Nation TANF program affirms it will not exempt more than 20% oftotal
caseload without an ACF-approved plan amendment.
XXIV.
PENALTIES/SANCTIONS
If a participant in a family receiving TANF cash assistance refuses to comply with the employability
plan, without good cause, the program can reduce or terminate the TANF grant. Work participation
hours missed will be sanctioned. Any TANF adult(s) in non-compliance with Child Support will not
be eligible for TANF assistance until the program has been notified by the Child Support Agency
that compliance has been met.
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GOOD CAUSE FOR EXEMPTION
The program may exempt a participant from work requirement penalties (sanctions) for good cause,
defined as but not limited to the following:
A.
Serious illness or injury limiting pmiicipation
B.
Extreme weather conditions
C.
Family crisis
XXVI.
APPEAL RIGHTS AND PROCESS
The following appeal process shall apply to all customers of the program:
A.
During the application process and when action is taken on a case, customers will be advised
of their right to appeal.
B.
Customers at risk of losing benefits will be mailed written notice of action to be taken on
their case, within ten (1 0) working days prior to the action being taken.
C.
An initial appeal to the decision of a case manager can be filed with the TANF program
manager who will respond within ten (10) business days of receiving the appeal.
D.
An appeal of the TANF Program manager's decision can be made to the TANF Review
Committee who will respond within ten (10) business days ofreceiving the appeal.
E.
The decision of the TANF Review Committee is final and may not be appealed to the Oneida
Nation Judicial system or any other entity.
NOTE: T ANF Review Committee will be composed Community Economic Support Director (or
designee), Intake Coordinator, and two other TANF case managers. All members of the review
committee will have a designee appointed in their absence.
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TRIBAL OPTIONS
A.
Child Only grants may not exceed the monthly State Kinship Care rate per child.
B.
The TANF program may provide support for a Youth Work Experience Program
administered by Oneida Nation TANF program, subject to funding availability.
C.
All school-age children will be required to attend school full-time in accordance with current
State requirement.
D.
The program will institute and enforce a maximum of twelve (12) months denial ofTANF
assistance to customer determined to have collected TANF benefits fraudulently.
E.
Drug testing for TANF cash payment eligibility will be required.
XXVIII.
CONFIDENTIALITY
All program staff, contractors and subcontractors are required to sign a Confidentiality Statement
prohibiting the disclosure of any information relevant to any customer or their family, and that they
also understand any violation of the right of the customers' confidentiality may result in immediate
termination.
XXIX.
NON-DUPLICATION OF SERVICES
All customers are required to sign the Tribal TANF application certifying that family members are
not receiving assistance from any other Tribal TANF or State TANF (W-2) program. Case eligibility
information may be exchanged with other Tribal TANF and State agencies to ensure non-duplication
ofTANF/W-2 benefits and/or services.
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FAIR AND EQUITABLE SERVICES
The program will provide assistance and/or benefits to eligible Native Americans that meet all
program requirements, in an equitable and fair method, according to custom, tradition and federal
requirements.
XXXI.
FISCAL ACCOUNTABILITY
The Oneida Nation will comply with the Fiscal Accountability provision of Section 5(F)(l) of the
Indian Self-Determination and Education Assistance Act (U.S.C. 450c(f)(l), relating to the
submission of a single-agency report required by Chapter 75 of Title 31, U S Code.
XXXII.
DATA COLLECTION AND REPORTING
The Oneida Nation will comply with all the regulatmy and statutory TANF reporting requirements.
XXXIII.
RETROCESSION
Should the Oneida Nation of Indians of Wisconsin ever need to retrocede back to the State of
Wisconsin, the Nation shall adhere to
all required regulations and related laws.
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Signatures:
Tehassi Hill Tribal Chairman
Date
Delia Smith, Community ES Director
Date
Barbara Metoxen, Economic Support Program Manager
Date
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
02
I 14 I 18
2. General Information:
Session:
[g) Open
AgendaHeader:
D Executive- See instructions for the applicable laws, then choose one:
LIN_e_w__
Bu_s_in_e_s_s______________________________________________________~
D Accept as Information only
[g) Action - please describe:
Review/Approve the Restated Elected Business Cqmmittee Retirement Program and Restated Elected
Business Committee Deferred Compensation Plan & Resolution
3. Supporting Materials
D Report
D Contract
[g) Resolution
[g) Other:
1. Resolution_Restated BC Retiremt Prog & BC DCP
3.,BC Deferred Compensation Plan
2.,BC Retirement Program ·
4.,SOE
D Business Committee signature required
4. Budget Information
D Budgeted -Tribal Contribution
D Budgeted -Grant Funded
5. Submission
Authorized Sponsor I Liaison:
!Larry Barton, Chief Financial Officer
Primary Requestor:
Denise Vigue, Executive Assistant to the CFO
Your Name, Title I Dept. or Tribal Member
Additional Requestor:
Name, Title I Dept.
Additional Requestor:
Name, Title I Dept.
Page 1 of2
D Unbudgeted
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Restated plans to update the name from Oneida Tribe of Indians of Wisconsin to Oneida Nation. No changes to
the benefits in the plans. Plans previously approved through resolution 12-1 0-08-E.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of2
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Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # _________________
Restated Elected Business Committee Retirement Program and Restated
Elected Business Committee Deferred Compensation 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 Oneida Business Committee, through Resolution 12-10-08-E, previously adopted the
Oneida Tribe of Indians of Wisconsin Elected Business Committee Retirement Program
and the Oneida Tribe of Indians of Wisconsin Elected Business Committee Deferred
Compensation Plan; and
WHEREAS,
legal counsel has prepared updated versions of the Retirement Program and the
Deferred Compensation Plan to update the name of the Nation and the benefit programs,
and to incorporate the Business Committee’s prior action to modify the investment
options available under the Deferred Compensation Plan; and
WHEREAS,
no changes to the benefits available to Business Committee members under the
Retirement Program or the Deferred Compensation Plan are being proposed at this time;
and
NOW, THEREFORE, BE IT RESOLVED, that the amended and restated Oneida Nation Elected
Business Committee Retirement Program effective as of January 1, 2018 is hereby
authorized and approved, in the form submitted to the Business Committee this date.
BE IT FURTHER RESOLVED, that the amended and restated Oneida Nation Elected Business
Committee Deferred Compensation Plan effective as of January 1, 2018 is hereby
authorized and approved, in the form submitted to the Business Committee this date.
BE IT FINALLY RESOLVED, that any and all accounts, insurance policies or other investments held in
connection with either the Business Committee Retirement Program or the Business
Committee Deferred Compensation Plan shall be retitled to reflect the correct name of
the Nation.
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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 Adopt Restated Elected Business Committee Retirement Program and Restated
Elected Business Committee Deferred Compensation Plan
Summary
The resolution updates the name of the Nation and the benefit programs in the previously
adopted Oneida Tribe of Indians of Wisconsin Elected Business Committee Retirement Program
and the Oneida Tribe of Indians of Wisconsin Elected Business Committee Deferred
Compensation Plan.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: February 8, 2018
Analysis by the Legislative Reference Office
The Oneida Business Committee, through resolution BC-12-10-08-E, previously adopted the
Oneida Tribe of Indians of Wisconsin Elected Business Committee Retirement Program and the
Oneida Tribe of Indians of Wisconsin Elected Business Committee Deferred Compensation Plan.
This resolution updates the name of the Nation and the benefit programs in the Retirement
Program and the Deferred Compensation Plan, as well as incorporates the Oneida Business
Committee’s prior action to modify the investment options available under the Deferred
Compensation Plan. No changes to the benefits available to Oneida Business Committee
members under the Retirement Program or the Deferred Compensation Plan are proposed at this
time.
This resolution authorizes and approves the amended and restated Oneida Nation Elected
Business Committee Retirement Program as well as the Oneida Nation Elected Business
Committee Deferred Compensation Plan, both of which were effective as of January 1, 2018.
Additionally, this resolution clarifies that all accounts, insurance policies or other investments
held in connection with either the Business Committee Retirement Program or the Business
Committee Deferred Compensation Plan shall be retitled to reflect the correct name of the
Nation.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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ONEIDA NATION
ELECTED BUSINESS COMMITTEE
RETIREMENT PROGRAM
Restatement Effective Date: January 1, 2018
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ONEIDA NATION
ELECTED BUSINESS COMMITTEE
RETIREMENT PROGRAM
PREAMBLE
Pursuant to Revenue Ruling 59-354, compensation for elected council service to an
Indian tribal government is not treated as “wages” for purposes of Social Security. The Oneida
Nation, a federally recognized Indian tribal government and treaty tribe recognized by the laws
of the United States of America (the “Nation”), has excluded Business Committee wages from
Social Security taxes as required by Revenue Ruling 59-354.
Because Business Committee members are required to work full-time to carry out the
duties of their offices, and in recognition by the General Tribal Council of the need to attract
concerned and knowledgeable members to run for these positions to guide the Nation, the
General Tribal Council directed that a “benefits package” be developed for the Oneida Business
Committee members. The benefits package was to be designed to allow Business Committee
members to earn a retirement benefit during their years of service on the Oneida Business
Committee in lieu of the Social Security retirement credits they are excluded from earning
during this period of service.
The benefits package over the years has included participation in the Oneida Nation
Governmental 401(k) Plan, “run-out” benefits, and the choice between having an amount equal
to the Social Security tax rate invested in a tax qualified government status retirement plan
sponsored by the Nation or through an insurance / annuity contract outside of a tax qualified
plan.
ARTICLE I
PURPOSE
By action of the Business Committee taken in December 2008, the Nation consolidated
the foregoing benefits package and incorporated deferred compensation options in a format in
line with the Nation’s other non-qualified plans. By this instrument, the Nation intends to update
the documentation for the Elected Business Committee Retirement Program to reflect the
change to the Nation’s name.
ARTICLE II
DOCUMENTATION
2.1
PLAN DOCUMENTS.
(a)
GENERAL. The Oneida Nation Elected Business Committee Retirement
Program (the “Program”) consists of separate plan documents (the “Plans”) comprising each
option within the benefits package made available to Business Committee members. The Plan
documents that apply to a Business Committee participant will depend on the selections that
Business Committee member has made. The options may also vary over time.
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(b)
AVAILABLE PLANS. Subject to the participant designation requirements
and other individual Plan eligibility terms and conditions, Plans included in the Elected Business
Committee Retirement Program have included the following:
(1)
Oneida Nation Governmental 401(k) Plan (the “Nation’s 401(k)
Plan”). Through December 31,2008, Business Committee members who otherwise satisfied
the eligibility requirements therein were permitted to participate in the Nation’s 401(k) Plan.
Business Committee wages have been reported on Form W-2 at the request of the Internal
Revenue Service, Indian Tribal Governments Division (“ITG”). ITG has also indicated that
elected officials may be included in 401(k) and other tribal benefit programs. However,
participation by Business Committee members in the Nation’s 401(k) Plan has added
administrative burdens to the Nation’s 401(k) Plan by including both Social Security eligible and
non-Social Security eligible participants. To simplify administration, the Nation discontinued
Business Committee participation effective December 31, 2008.
(2)
Oneida Nation Business Committee Retirement Plan, now
known as the “Oneida Nation Business Committee 401(k) Plan” (the “BC Tax Qualified Plan”).
(i)
Social Security Replacement Benefits. Effective
January 1, 2001, Business Committee members who are exempt from Social Security taxes
under Revenue Ruling 59-354 were permitted to have their 7.65% employee Social Security
taxes and the 7.65% employer Social Security taxes invested in mutual and other investment
funds offered under the BC Tax Qualified Plan. Participants electing to participate in this plan
are also eligible to receive a lump sum contribution, called run-out benefits, for the final year of
an elected term equal to the Social Security tax amount for such participant multiplied by three.
Run-out benefits may be adjusted from year to year and are described more fully in the BC Tax
Qualified Plan. The plan is currently invested in mutual fund options. Mutual fund providers
may change from time to time.
(ii)
Tribal Plan Replacement Feature. Effective January 1,
2009, the 401(k), matching and profit sharing benefits previously available to Business
Committee members through the Nation’s 401(k) Plan, are now included as options within a
401(k) feature under the BC Tax Qualified Plan.
(iii)
Irrevocable Election. Each Business Committee member
must elect between receiving Social Security Replacement Benefits under the BC Tax Qualified
Plan or another Program option at the start of an elected term. The decision is irrevocable for
that term. Failure to elect, or delay in making an election, shall result in a forfeiture of the
contributions that would have otherwise been paid.
(3)
Member Owned Insurance / Annuity Option. Business
Committee members who do not elect to receive Social Security Replacement Benefits to be
invested in mutual funds within the BC Tax Qualified Plan may elect to enroll in a life insurance
or variable annuity investment product. Providers may change from time to time. Enrollees in
this option make 7.65% contributions to the product they select on a post tax basis. The Nation
contributes the 7.65% amount that would have otherwise been paid in employer Social Security
taxes. Participants electing this option are also eligible to receive run out benefits equal to
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continued contributions based on the Social Security tax amount for such participant while a
Business Committee member for the next 6 years following the final year of an elected term.
Run-out benefits may be adjusted from year to year. Run-out benefits cease upon distribution
before the end of the run-out period. Each Business Committee member must elect between
receiving Social Security Replacement Benefits under this or another Program option at the
start of an elected term. The decision is irrevocable for that term. Failure to elect, or delay in
making an election, shall result in a forfeiture of the contributions that would have otherwise
been paid.
(4)
Elected Business Committee Deferred Compensation Plan.
Business Committee members may, upon satisfying the eligibility requirements therein, elect to
make voluntary pre-tax deferrals to the Elected Business Committee Deferred Compensation
Plan (the “DCP”) in addition to or in lieu of those available under the 401(k) feature of the BC
Tax Qualified Plan. The DCP is also available as an option for providing Social Security
Replacement Benefits through mutual fund or other investments available under the DCP, or as
a pre-tax alternative to the purchase of life insurance or annuity benefits in lieu of the Member
Owned Insurance / Annuity Option. Each Business Committee member must elect between
receiving Social Security Replacement Benefits under this or another Program option at the
start of an elected term. The decision is irrevocable for that term. Failure to elect, or delay in
making an election, shall result in a forfeiture of the contributions that would have otherwise
been paid. DCP benefits are subject to all election, change and other benefit payment
restrictions imposed by Internal Revenue Code Section 409A; provided that the Nation shall
preserve all exemptions to which it may be entitled to under Code Section 409A for
grandfathered benefits or those benefits which do not constitute deferred compensation
thereunder.
(c)
ADDITIONAL PLANS. The Nation reserves the right to remove or
designate new plans as part of the Elected Business Committee Retirement Program.
2.2
CONSTRUCTION.
(a)
GOVERNING LAW/SOVEREIGN IMMUNITY. The terms of a Plan shall
control in the event of a conflict between the Plan and its description herein. All of the
provisions of the Program shall be construed and enforced according to the laws of the Nation
except as otherwise required by the Code or other applicable federal law. Nothing in this
Section or in any other provision of the Program or individual plans incorporated herein shall be
construed to make applicable any laws or regulations which the Nation is entitled to exemption
from in accordance with its sovereign status. Nothing in this Program or any plan incorporated
herein shall be construed as a waiver of the Nation’s immunity unless expressly and
unequivocally waived by express Resolution of the Business Committee and in accordance with
Oneida law.
(b)
PENSION PROTECTION ACT AND ERISA EXEMPTIONS. The nonqualified plan(s) incorporated into this Program are offered primarily for the benefit of a select
group of management or highly compensated officials. The plans are further intended to
qualify under Section 906 of the Pension Protection Act of 2006 (the “PPA”) and to preserve all
other exemptions provided under the Code, the PPA and ERISA. The Nation does not intend to
waive any exemptions or relief provided under ERISA, the PPA or Code by its voluntary
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adoption of policies, procedures, or provisions otherwise not required by ERISA, the PPA or
Code. Rather, the Nation's voluntary adoption of any such policies, procedures, or provisions
reflects its determination that such policies, procedures, or provisions are consistent with the
Nation's desire to provide sound benefits for its Business Committee Members.
(c)
CODE SECTION 409A. Those non-qualified plan options or features of
the Program which constitute deferred compensation as regulated by Code Section 409A shall
be operated in compliance with the final Treasury Regulations issued under Code Section 409A
(the “final 409A Regulations”) and, for periods preceding the final 409A Regulations, in good
faith compliance with IRS Notice 2005-1 and the prior proposed regulations under Code Section
409A as supplemented through all transition periods. Nothing herein shall subject
grandfathered amounts, as defined in Notice 2005-1 and the final 409A Regulations to the
requirements of Code Section 409A. Nothing herein shall be construed as a limitation on the
Nation’s ability to adopt conforming amendments up to the extended remedial amendment
periods offered under Code Section 409A. The non-qualified plan options hereunder shall be
construed to reserve all flexibility and compliance options available under Code Section 409A.
Notwithstanding anything herein to the contrary, the Nation further reserves any and all other
exemptions from Code Section 409A to which it may be entitled, including without limitation
those Benefits that are not considered “deferred compensation” within the meaning of Code
Section 409A.
ARTICLE III
AMENDMENT, MERGER AND TERMINATION
3.1
AMENDMENT.
Subject to directions from the General Tribal Council regarding the establishment
of an Elected Business Committee Retirement Program, the Business Committee shall have
the right at any time, by an instrument in writing duly executed, acknowledged and delivered to
the plan administrator and trustee, if applicable, to the affected Plans, to modify, alter or amend
this Program, in whole or in part, prospectively or retroactively; provided, however, that (1) any
changes that require amendment to an underlying Plan must be coordinated with the underlying
Plan change and amendment rules; and (2) the amendment shall not reduce any Participant's
interest in the Program benefits, calculated as of the date on which the amendment is adopted.
3.2
TERMINATION.
It is the expectation of the Nation that this Program will be continued indefinitely.
However, continuance of the Program or any underlying plans is not assumed as a contractual
obligation of the Nation, and the right is reserved at any time to terminate this Program or any
of the underlying plans (subject to individual plan termination restrictions) incorporated
hereunder.
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ARTICLE IV
GENERAL PROVISIONS
4.1
LIMITATION ON PARTICIPANT'S RIGHTS.
Participation in the Program shall not give any Business Committee Member the
right to a position on the Business Committee or to be retained in the Nation's employ or any
right or interest in the Trust Fund other than as herein provided.
4.2
HEIRS AND SUCCESSORS.
All of the provisions of this Plan shall be binding upon all persons who shall be
entitled to any benefits hereunder, and their heirs and legal representatives.
IN WITNESS WHEREOF, the Nation has caused this Plan to be executed by its
duly authorized representative on this _____ day of ______________________, 2018.
ONEIDA NATION
By: ___________________________________________
Tehassi Hill, Oneida Tribal Chairman
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ONEIDA NATION
ELECTED BUSINESS COMMITTEE
DEFERRED COMPENSATION PLAN
Restatement Effective Date (409A Required Provisions): January 1, 2005
Restatement Effective Date (Optional Provisions): January 1, 2009
Restatement Effective Date (Name Change): January 1, 2018
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ONEIDA NATION
ELECTED BUSINESS COMMITTEE
DEFERRED COMPENSATION PLAN
PREAMBLE
The Oneida Nation, a federally recognized Indian Tribal government and treaty tribe
recognized by the laws of the United States of America (the “Nation”), previously established a
supplemental retirement benefits package, now known as the “Oneida Nation Business Committee
Retirement Program” (the “Program”) to address the exclusion of elected Business Committee
members from Social Security eligibility pursuant to IRS Revenue Ruling 59-354. The Program
includes various benefit options and plans, including this Deferred Compensation Plan.
By this instrument, the Nation hereby amends and restates those features of the
Program that include non-qualified deferred compensation arrangements to reflect the change to
the Nation’s name enacted by a 2015 amendment to the Nation’s Constitution. Effective January
1, 2018, this Deferred Compensation Plan is retitled as the “Oneida Nation Elected Business
Committee Deferred Compensation Plan” (the “Plan”).
ARTICLE I
PURPOSE
The Plan is intended to provide a tax-deferred savings vehicle for individuals who serve
the Nation as elected members of the Nation’s Business Committee.
The Plan is intended to preserve all exemptions to which the Nation may be entitled
under the Employee Retirement Income Security Act (“ERISA”), section 906 of the Pension
Protection Act (the “PPA”) and the Internal Revenue Code (the “Code”) as a result of its sovereign
status.
ARTICLE II
DEFINITIONS AND CONSTRUCTION
2.1.
DEFINITIONS.
When a word or phrase shall appear in this Plan with the initial letter capitalized, and the
word or phrase does not commence a sentence, the word or phrase shall generally be a term
defined in this Section 2.1. The following words and phrases utilized in the Plan with the initial
letter capitalized shall have the meanings set forth in this Section 2.1, unless a clearly different
meaning is required by the context in which the word or phrase is used:
(a)
"ACT" - The Employee Retirement Income Security Act of 1974, as it
may be amended from time to time.
(b)
"AUTHORIZED LEAVE OF ABSENCE" - A leave of absence granted
in writing in accordance with the Business Committee’s uniformly applied rules regarding leaves
of absence from Business Committee service or a leave of absence for service as a member of the
armed forces of the United States, provided that the Participant left the Business Committee
directly to enter the armed services and returns to service within the period during which his
Business Committee service rights are protected by law. The service relationship is treated as
continuing while a Participant is on military leave, sick leave, or other bona fide leave of absence
(if the period of such leave does not exceed six months, or if longer, so long as the Participant’s
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right to return to service with the Business Committee is protected either by statute or contract.
If the period of leave exceeds six months and the Participant’s right to return to service is not
protected either by statute or by contract, the service relationship is deemed to terminate on the
first day immediately following the expiration of such six-month period. Whether a termination has
occurred will be determined based on all of the facts and circumstances and in accordance with
regulations issued by the United States Treasury Department pursuant to Section 409A of the
Code.
(c)
"BENEFICIARY" - The person or persons entitled to receive benefits
under this Plan in the event of death of the Participant.
(d)
"BENEFIT COMMENCEMENT DATE" - The first day on which all events
(including the passing of the day on which benefit payments are scheduled to commence) have
occurred which entitle the Participant to receive his first benefit payment from the Plan.
(e)
"BUSINESS COMMITTEE" - The recognized elected body of the Oneida
Nation, vested with those delegated governmental duties pursuant to the Constitution and By-Laws
of the Oneida Nation and the Oneida General Tribal Council.
(f)
"BUSINESS COMMITTEE MEMBER" - Each person receiving
remuneration, or who is entitled to remuneration, for services rendered to the Nation in the capacity
as an elected member of the Business Committee. Business Committee Members are elected
officials within the meaning of Revenue Ruling 59-354 and Code Section 7701(a)(26).
(g)
"CODE" - The Internal Revenue Code of 1986, as amended.
(h)
"COMPENSATION" - All of the Participant's wages or other
compensation (including Social Security exempt elected official compensation) paid to the
Participant by the Nation for which the Participant is furnished a written statement on IRS Form W2. For purposes of this paragraph Compensation for a Plan Year shall include amounts (such as
pre-tax deferrals to the 401(k) Plan and deferrals under this Plan) which are not currently includible
in the Participant's gross taxable income by reason of the application of Sections 125, 402(e)(3),
402(h)(1)(B), 403(b) or other provisions of the Code, if such amounts are attributable to the
performance of services in an eligible position hereunder. Compensation for elected officials
included for participation in this Plan shall include elected official pay whether reported on IRS
Form W-2 or IRS Form 1099. Use of a Form W-2 shall not waive an elected official’s status, if any,
under Code Section 7701(a)(26) or Revenue Ruling 59-354. The Deferred Compensation
Committee may adopt uniform and non-discriminatory rules regarding the exclusion of other
amounts from Compensation for purposes of the Plan.
(i)
"DEFERRED COMPENSATION COMMITTEE" - The individual,
department or committee appointed to act as the plan administrator of the Plan pursuant to Article
X.
(j)
"DISABILITY” - A determination by the Deferred Compensation
Committee that the Participant is unable to engage in any gainful activity, or is receiving income
replacement benefits for a period of 3 or more months from an accident and health plan of the
Nation by reason of a medically determinable physical or mental impairment that can be expected
to result in death or last for a continuous period of 12 or more months. The Deferred
Compensation Committee may, but need not, deem a Participant to be disabled who is determined
to be totally disabled by the Social Security Administration or Railroad Retirement Board.
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(k)
"DISCRETIONARY CONTRIBUTIONS" - The amounts contributed to
the Trust Fund, if any, pursuant to Section 5.1. Discretionary Contributions may include Social
Security Replacement Benefits in the form of Matching Contributions, Tribal 401(k) Replacement
Benefits in the form of Matching and or bonus / profit sharing style contributions, or other
Discretionary Contributions permitted under Section 5.1.
(l)
"DISCRETIONARY CONTRIBUTIONS ACCOUNT" - The book keeping
Account and sub-accounts as necessary established pursuant to Section 6.1, to which a
Participant’s Discretionary Contributions are credited, along with any increases and decreases in
value attributed thereto.
(m)
"EFFECTIVE DATE" - Except as otherwise provided with respect to
specific provisions herein, the general effective date of this amendment and restatement of the
Plan is January 1, 2009. All plan provisions and operational requirements added by Code Section
409A shall, notwithstanding anything herein to the contrary, be effective as of the Code Section
409A required effective date(s) (generally, January 1, 2005).
(n)
“NATION” - The Oneida Nation, a federally recognized Indian Tribal
government and treaty tribe recognized by the laws of the United States of America.
(o)
"PARTICIPANT" - Each Business Committee Member who as of or after
the Effective Date has satisfied the eligibility requirements specified in Section 3.1 and whose
participation in the Plan has not been terminated. If so indicated by the context, the term
Participant shall also include former Participants whose active participation in the Plan has
terminated but who have not received all amounts to which they are entitled pursuant to the terms
and provisions of this Plan. Whether former Participants are allowed to exercise an option or
election extended to "Participants" will be determined by the Deferred Compensation Committee
in the exercise of its discretion.
(p)
"PLAN" - The Oneida Nation Elected Business Committee Deferred
Compensation Plan (formerly known as the Oneida Tribe of Indians of Wisconsin Elected Business
Committee Deferred Compensation Plan) as set forth in this instrument, and as it may hereafter
be amended.
(q)
"PLAN YEAR" - The twelve consecutive month period beginning each
January 1 and ending each December 31.
(r)
“SALARY REDUCTION CONTRIBUTIONS” - The pre-tax elective
deferrals directed by Participants pursuant to Section 4.1(a). A Participant electing to receive
Social Security Replacement Benefits under this Plan must make minimum Salary Reduction
Contributions at a rate of 7.65% (called “Basic Contributions”).
(s)
"SALARY REDUCTION CONTRIBUTIONS ACCOUNT" - The book
keeping Account and sub accounts as appropriate established pursuant to Section 6.1, to which
a Participant’s Salary Reduction Contributions are credited, along with any increases and
decreases in value attributed thereto.
(t)
"SOCIAL SECURITY REPLACEMENT BENEFITS" - The benefits
available to Business Committee Members, pursuant to Sections 3.2 and 5.1(a), who are excluded
under the federal Social Security program for periods of elected service and who do not receive
Social Security Replacement Benefits under another Program option.
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(u)
"TERMINATION DATE" - The date a Business Committee Member
separates from service as a member of the Business Committee. The term “separation from
service” means the termination of service due to death, retirement or other reasons where it is
reasonably anticipated that no further Business Committee services will be performed after a
certain date. A Participant on an Authorized Leave of Absence shall not be deemed to be
terminated. Whether a separation from service has occurred will be determined based on all of
the facts and circumstances and in accordance with the final Treasury Regulations issued pursuant
to Code Section 409A.
(v)
"TRIBAL 401(k) REPLACEMENT BENEFITS" - The benefits available
to Business Committee Members, pursuant to Sections 4.1 and 5.1(b), who are excluded under
the Nation’s 401(k) Plan and do not participate in the Oneida Nation Business Committee 401(k)
Plan.
(w)
"TRUST AGREEMENT" - The Trust Agreement or Agreements, if any,
which may be used under the Plan pursuant to Section 12.3. A Trust Agreement, if adopted, shall
be administered in substantial conformity with the model IRS Rabbi trust appearing in Revenue
Procedure 92-64.
(x)
"TRUST FUND" or "TRUST" - The fund established by the Nation
pursuant to the terms of the Trust Agreement.
(y)
"TRUSTEES" - The individual, individuals or entity appointed pursuant
to the Trust Agreement. The Trustees shall acknowledge acceptance of their appointment by the
execution of the Trust Agreement or, in the case of a successor Trustee, by the execution of an
appropriate written instrument. If the Business Committee appoints two or more individuals or
entities to act jointly as a successor Trustee, the term "Trustee" shall refer collectively to all of said
individuals or entities. In the absence of an appointment, the Business Committee shall serve as
Trustee.
(z)
"UNFORESEEABLE EMERGENCY" - A severe financial hardship to the
Participant resulting from an illness or accident of the Participant, the Participant’s spouse, or a
dependent (as defined in Code Section 152(a)) of the Participant, loss of the Participant’s property
due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result
of events beyond the control of the participant. The Deferred Compensation Committee shall
determine the existence of an Unforeseeable Hardship in accordance with Code Section 409A and
the final Treasury Regulations issued thereunder.
(aa)
"VALUATION DATE" - The date for valuing the assets of the Trust Fund,
which shall be the last business day of the Nation’s fiscal year (September 30) and such other
dates as the Deferred Compensation Committee may designate.
2.2.
CONSTRUCTION.
(a)
GENERAL. The masculine gender, where appearing in the Plan, shall
include the feminine gender (and vice versa), and the singular shall include the plural, unless the
context clearly indicates to the contrary. The term "delivered to the Deferred Compensation
Committee," or similar terms as used in the Plan or the Trust Agreement, shall include delivery to
a person or persons designated by the Deferred Compensation Committee for the disbursement
and receipt of administrative forms. Headings and subheadings are for the purpose of reference
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only and are not to be considered in the construction of this Plan. The Plan shall be construed in
a manner consistent with the Nation's intentions as set forth herein.
(b)
SAVINGS PROVISION. If any provision of the Plan is determined to be
for any reason invalid or unenforceable, the remaining provisions shall continue in full force and
effect.
(c)
GOVERNING LAW/SOVEREIGN IMMUNITY. All of the provisions of
the Plan shall be construed and enforced according to the laws of the Nation except as otherwise
required by the Code or other applicable federal law. Nothing in this Section or in any other
provision of the Plan or Trust Agreement shall be construed to make applicable any laws or
regulations which the Nation is entitled to exemption from in accordance with its sovereign status.
Nothing in this Program or any plan incorporated herein shall be construed as a waiver of the
Nation’s immunity unless expressly and unequivocally waived by express Resolution of the
Business Committee and in accordance with Oneida law.
(d)
TOP HAT PLAN AND OTHER EXEMPTIONS. The Plan is intended to
be treated as an "unfunded top hat" plan exempt from Title 1 of the Act as a plan maintained
primarily for the purpose of providing deferred compensation for a select group of management or
highly compensated officials. The Plan is further intended to preserve all other exemptions
provided under the Code, the PPA and the Act. The Nation does not intend to waive any
exemptions or relief provided under the Act, the PPA or Code by its voluntary adoption of policies,
procedures, or provisions otherwise not required by the Act, the PPA or Code. Rather, the
Nation's voluntary adoption of any such policies, procedures, or provisions reflects its determination
that such policies, procedures, or provisions are consistent with the Nation's desire to provide
sound benefits for its Business Committee Members.
(e)
CODE SECTION 409A. The Plan shall be construed and operated in
compliance with Code Section 409A, effective January 1, 2005. Those features of the Plan which
constitute deferred compensation as regulated by Code Section 409A shall be operated in
compliance with the final Treasury Regulations issued under Code Section 409A (the “final 409A
Regulations”) and, for periods preceding the final 409A Regulations, in good faith compliance with
IRS Notice 2005-1 and the prior proposed regulations under Code Section 409A as supplemented
through all transition periods. Nothing herein shall subject grandfathered amounts, as defined in
Notice 2005-1 and the final 409A Regulations to the requirements of Code Section 409A. Nothing
herein shall be construed as a limitation on the Nation’s ability to adopt conforming amendments
up to the extended remedial amendment periods offered under Code Section 409A. The Plan shall
be construed to reserve all flexibility and compliance options available under Code Section 409A.
Notwithstanding anything herein to the contrary, the Nation further reserves any and all other
exemptions from Code Section 409A to which it may be entitled, including without limitation those
Benefits that are not considered “deferred compensation” within the meaning of Code Section
409A.
(f)
PENSION PROTECTION ACT. Nothing herein shall be construed as
a waiver of rights under Section 906 of the Pension Protection Act (the “PPA”).
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ARTICLE III
ELIGIBILITY AND PARTICIPATION
3.1.
ELIGIBILITY AND PARTICIPATION.
Individuals who serve in elected positions on the Nation’s Business Committee shall
be eligible for designation as a participant in the Plan during their entire term of Business
Committee service, subject to the terms and conditions of the Plan.
3.2.
ENROLLMENT IN SOCIAL SECURITY REPLACEMENT FEATURE.
(a)
GENERAL. Each Business Committee Member who is (1) no longer
receiving Social Security credits under Revenue Ruling 59-354, (2) who is designated for
participation in the Social Security Replacement Feature of this Plan, and (3) who is not otherwise
receiving Social Security Replacement Benefits under another Program option is eligible for
participation in the Social Security Replacement Feature of the Plan. A Business Committee
Member electing to participate in the Social Security Replacement Feature must elect to contribute
Basic Contributions in the amount of 7.65% of his or her Compensation pursuant to a Salary
Reduction Agreement that satisfies Section 3.3(b).
(b)
ENROLLMENT FORMS. A Participant may be required to complete
participation agreements, investment elections, beneficiary designations, distribution elections and
other forms required by the Deferred Compensation Committee.
3.3.
ENROLLMENT IN VOLUNTARY SAVINGS FEATURE.
(a)
GENERAL. Each Business Committee Member who is selected for
participation pursuant to Section 3.1 may elect to make Salary Reduction Contributions to the Plan
by entering into a Salary Reduction Agreement that satisfies the requirements of Section 3.3(b),
along with any other administrative forms or participation agreements as may be required by the
Deferred Compensation Committee.
(b)
SALARY REDUCTION AGREEMENTS. Each Salary Reduction
Agreement (for Participants seeking to make Salary Reduction Contributions) shall be entered into
prior to the first day of a Plan Year for which it is to go into effect unless the Participant is first
offered (or eligible for) a Participation Agreement mid-year, in which case the agreement must be
entered into within 30 days thereafter. Salary Reduction Agreements shall apply only with regard
to Compensation for services performed after the election is entered into. All Salary Reduction
Agreements shall, except in the case of Unforeseeable Hardship or a hardship distribution pursuant
to Treasury Regulation Section 1.401(k)-1(d)(3), be irrevocable and remain in effect throughout the
entire Plan Year for which they are effective. Each Salary Reduction Agreement shall be in a form
approved by the Deferred Compensation Committee, the terms of which shall be arrived at through
agreement between the Deferred Compensation Committee and the Participant, to the extent
consistent with this Plan. In the event a Salary Reduction Agreement is cancelled as a result of
an Unforeseeable Emergency or a Code Section 401(k) hardship distribution, such Salary
Reduction Agreement shall be cancelled and not merely suspended, and the Participant shall
thereafter be subject to the initial deferral election rules of Code Section 409A.
(c)
COORDINATION WITH 401(K). Unless the Deferred Compensation
Committee approves a Salary Reduction Agreement which is expressly intended to operate on a
coordinated basis with the Participant’s 401(k) Plan, all Salary Reduction Agreements with respect
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to a Participant who also participates in a 401(k) Plan shall be administered independently of the
401(k) Plan. To the extent 401(k) plan coordination is employed, that coordination shall be subject
to compliance with Treasury Regulation Section 1.409A-2(a)(9), as the same may hereafter be
supplemented or modified by further guidance or regulations. The Deferred Compensation
Committee shall implement such other restrictions and procedures as may be required for
compliance with Code Section 409A.
(d)
ENROLLMENT FORMS. A Participant may be required to complete
participation agreements, investment elections, beneficiary designations, distribution elections and
other forms required by the Deferred Compensation Committee.
3.4.
RETURN TO SERVICE.
(a)
GENERAL. In the event that a Participant separates from service
with the Nation during a Plan Year and later returns to service in an eligible position before the
end of that Plan Year, and before his Benefit Commencement Date, such Participant shall
resume participation in the Plan upon commencement of his new Business Committee term. If
a Participant returns to service after the end of the Plan Year in which his service was
terminated or after his Benefit Commencement Date, he must (i) satisfy the eligibility criteria of
Section 3.1 following his return, and (ii) enter into a new participation agreement or other
enrollment forms required by the Deferred Compensation Committee (within 30 days of his or
her eligibility designation) prior to participating or recommencing participation in the Plan.
Notwithstanding the foregoing, a Participant’s ability to enter into a new Salary Reduction
Agreement upon rehire shall be governed by the rules set forth in paragraph (b) below and
Code Section 409A.
(b)
SALARY REDUCTION AGREEMENT FOLLOWING REHIRE. If a
rehired Participant has not received a full distribution of the Benefit previously accrued under
the Plan, the Participant may enter into a Salary Reduction Agreement within 30 days of the
date on which he or she reenters the Plan, as determined in paragraph (a) above, provided,
however, that the Participant was not eligible to participate in the Plan at any time during the
preceding twenty-four (24) months. If a rehired Participant has received a full distribution of the
Benefit previously accrued under the Plan, the Participant may enter into a Salary Reduction
Agreement within 30 days of the date on which he or she reenters the Plan, as determined in
paragraph (a) above, without regard to his or her status as an eligible person during the
preceding twenty-four (24) months. Any re-elected Participant who is not eligible to enter into a
mid-year Salary Reduction Agreement shall be provided the opportunity to complete a Salary
Reduction Agreement prior to the beginning of the next Plan Year.
3.5.
TERMINATION OF PARTICIPATION.
A Participant's participation in the Plan, but not his right, if any, to payment of
benefits, shall be terminated upon the Participant's separation from service with the Nation or
upon his transfer from an eligible class as provided in Section 3.6.
3.6.
TRANSFERS TO AND FROM AN ELIGIBLE CLASS.
(a)
TRANSFERS OUT OF PLAN. A Participant will automatically
become ineligible to participate in the Plan as of the effective date of a change in his
classification if as a result of the change he is no longer an eligible person under the Plan. All
sums credited to the former Participant's accounts will continue to be held pursuant to the terms
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of this Plan and will be distributed to the former Participant only upon the occurrence of an
event permitting a distribution pursuant to the provisions of this Plan.
(b)
TRANSFERS TO PLAN. If an individual who was previously not
eligible to participate in the Plan becomes eligible during a Plan Year, such eligible person’s
participation may not begin until (1) he is designated for Participation pursuant to Section 3.1,
and (2) he completes a participation agreement or other required enrollment forms and (if
applicable) a Salary Reduction Agreement pursuant to Section 3.3.
ARTICLE IV
EMPLOYEE CONTRIBUTIONS
4.1.
ELECTIVE CONTRIBUTIONS.
(a)
SALARY REDUCTION CONTRIBUTIONS. Participants who are
eligible to make Salary Reduction Contributions to the Plan must enter into a Salary Reduction
Agreement meeting the requirements of Section 3.3. The amount otherwise includible as a
Participant’s taxable Compensation shall then be reduced by an amount equal to the
contributions made pursuant to his Salary Reduction Agreement. Each Participant may direct
the Nation to make contributions to the Plan pursuant to the elections expressly set forth in his
Salary Reduction Agreement. A Business Committee Member electing to receive Social
Security Replacement Benefits under this Plan pursuant to section 3.2 must elect to contribute
Basic Contributions in the amount of 7.65% of his or her Compensation.
(b)
TRANSFER TO TRUSTEE. Contributions made pursuant to a
Salary Reduction Agreement shall be forwarded to the Trustee as soon as practicable following
the end of the payroll period for which the contribution is made.
(c)
ELECTION PROCEDURES. A Participant's contributions shall be
subject to such restrictions regarding minimum and maximum amounts that may be directed as
the Deferred Compensation Committee shall determine and announce to Plan Participants.
(d)
COMPLIANCE WITH CODE SECTION 409A. All deferral elections
are subject to the requirements of Code Section 409A, which shall supercede any provisions in
this Plan or a Participation and Salary Reduction Agreement to the contrary.
ARTICLE V
EMPLOYER CONTRIBUTIONS
5.1.
DISCRETIONARY CONTRIBUTIONS.
(a)
SOCIAL SECURITY REPLACEMENT BENEFITS. A Participant
who is receiving Social Security Replacement Benefits pursuant to Section 3.2 of this Plan shall
receive Discretionary Matching Contributions equal to the Participant Basic Contributions
(7.65%) plus additional run out contributions as follows:
(I)
DCP mutual fund investment option pursuant to Section 12.2(a):
lump sum contribution for the final year of an elected term equal to
the Social Security tax amount for such Participant while a Business
Committee Member multiplied by three. Run-out benefits may be
adjusted from year to year.
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(II)
Life insurance / annuity contract investment option pursuant to
Section 12.2(b): continued contributions equal to the Social Security
tax amount for such participant while a Business Committee member
for the next 6 years following the final year of an elected term. Runout benefits may be adjusted from year to year. Run-out benefits
cease upon distribution of Benefits before the end of the run-out
period.
(b)
TRIBAL 401(k) REPLACEMENT BENEFITS. A Participant who does
not participate in the Oneida Nation Governmental 401(k) Plan or the Oneida Nation Business
Committee 401(k) Plan (the “401(k) Plan”) shall receive Discretionary Contributions (match and
profit sharing as appropriate) at rates that the Participant would have received had he or she
participated in the 401(k) Plan and, with regard to matching contributions, provided that the
Participant makes voluntary Salary Reduction Contributions to the Plan.
(c)
OTHER. The Nation reserves the right to declare other Discretionary
Contributions in addition to a Participant’s regular Compensation. The Nation shall determine
the amount of Discretionary Contributions to be made on behalf of Business Committee
Members. Discretionary Contributions are wholly discretionary, and may (without limitation) be
tied to performance goals and profitability. Discretionary Contributions may take the form of
matching contributions or bonus / profit sharing style contributions.
(d)
SOURCE. Discretionary Contributions are in addition to a
Participant’s regular Compensation. Such contributions are not available for payment in cash,
except pursuant to the terms of the Plan, and are not subject to a deferral or salary reduction
election.
(e)
TRANSFER TO TRUSTEE. Discretionary Contributions shall be
forwarded to the Trustee or other funding medium within a reasonable time following the payroll
period to which the contribution relates. Discretionary Contributions may be made as of the last
day of a Plan Year.
(f)
ELIGIBLE PARTICIPANTS (LAST DAY RULE). Discretionary
Contributions for a Plan Year may be made contingent on the Participant performing services
through the last day of the Plan Year (or elected term if earlier).
ARTICLE VI
ACCOUNTING; UNFUNDED PLAN
6.1.
BOOKKEEPING ACCOUNTS ONLY.
(a)
Accounts. All accounts called for hereunder are bookkeeping
accounts only. A separate Salary Reduction Contributions Account, a separate Discretionary
Contributions Account, and sub-accounts as appropriate will be maintained for each Participant
in the Plan. Each such account shall be adjusted as hereinafter provided to reflect any
withdrawals and distributions and the hypothetical investment earnings and losses credited to
the Accounts maintained on behalf of the Participant. The establishment and maintenance of
separate accounts shall not be construed as giving any person any interest in any specific asset
of the Trust which, for investment purposes, shall be administered as a single fund unless and
until otherwise directed by the Deferred Compensation Committee or otherwise provided herein.
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(b)
Unfunded Arrangement. This Plan shall be treated as an unfunded
plan of deferred compensation wherein benefits are to be paid from the general assets of the
Nation. Assets shall not be set aside for purposes of paying benefits hereunder except as may
be permitted pursuant to Section 12.3.
(c)
Grandfather Accounts. Separate accounts, sub-accounts, or other
record keeping sufficient to track and preserve grandfather status under Code Section 409A for
contributions made and vested prior to January 1, 2005 shall be maintained for each type of
contribution identified in (a) above.
6.2.
VALUATION AND ACCOUNT ADJUSTMENTS.
Within a reasonable time after each Valuation Date, the Deferred Compensation
Committee shall apportion changes in the net fair market value of each Participants'
bookkeeping accounts for the period ending on the most recent Valuation Date.
ARTICLE VII
VESTING
7.1.
FULL VESTING.
Except as provided in Section 7.2 below, the contributions made to the Plan on
behalf of each Participant shall be fully vested and non-forfeitable.
7.2.
OPTIONAL VESTING RULES.
Notwithstanding Section 7.1 above, the Nation may incorporate a different
vesting schedule or forfeiture provisions for Discretionary Contributions that may, but need not,
be tied to the vesting schedule under the Nation’s 401(k) or the Business Committee 401(k)
Plan. An optional vesting schedule must be communicated to the Participant in advance.
ARTICLE VIII
DISTRIBUTION OF BENEFITS
8.1.
LIFE TIME BENEFITS.
(a)
Standard Payment Date: Unless an optional distribution schedule is
selected in accordance with (b) below, the distribution of Benefits under the Plan shall normally
commence as soon as practicable following the Participant's Termination Date.
(b)
Deferred Payment / Changes: Notwithstanding the foregoing, a
Participant may elect to defer the commencement of Benefits to a later date ( a “Deferred
Payment Date”); provided that such election is made upon initial enrollment, prior to the start of
the Plan Year to which the contributions relate or, at any time thereafter, provided that (i) the
election may not take effect until at least twelve (12) months after the date on which the election
is made, (ii) the election is made no less than twelve (12) months prior to the date benefits
would otherwise begin, and (iii) the deferred period is no less than five (5) years past the then
expected distribution date. Any election to defer benefits shall be made in accordance with
rules and procedures adopted by the Deferred Compensation Committee, and pursuant to a
written form approved by the Deferred Compensation Committee. In no event may a
Participant change his Benefit Commencement Date or form of distribution after benefits
become distributable. The Plan may allow separate elections for each installment and/or each
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deferral year to the extent permitted by Code Section 409A. The Plan may also allow changes
under any additional circumstances permitted pursuant to Treasury Regulation Section 1.409A0, et seq., as the same may hereafter be supplemented, amended or superseded. Initial and
change elections called for herein shall be limited by Code Section 409A except to the extent
contributions are entitled to grandfather treatment or are otherwise exempt from Code Section
409A.
(c)
No Acceleration: Subject to Section 8.7 (Unforeseeable
Emergency), a Participant may not thereafter accelerate his or her payment date to an earlier
commencement date once a Deferred Payment Date is selected. The Nation, however, may
accelerate payments as provided in Section 8.8 (Small Account Cash Outs), Section 8.9
(Taxes), Section 8.10 (Income Inclusion), Section 8.11 (Offsets), and / or Section 8.12
(Termination and Liquidation).
(d)
Grandfather Benefits: Notwithstanding anything herein to the
contrary, to the extent permitted under Code Section 409A, Notice 2005-1 and/or subsequent
IRS guidance or regulations, amounts deferred into the Plan and vested prior to January 1,
2005 (“Grandfathered Amounts”) are subject to the distribution and change rules in effect under
the Plan prior to the enactment of Code Section 409A. In no event, however, may a Participant
change his Benefit Commencement Date or form of distribution after benefits become
distributable. The Deferred Compensation Committee may restrict changes as necessary to
avoid premature taxation due to constructive receipt, economic benefit, or the application of
Code Section 409A.
8.2.
DEATH BENEFITS.
Upon the death of a Participant prior to payment of all of his or her Benefits,
the balance of such Benefits shall be paid to his or her Beneficiary or Beneficiaries as soon as
practicable following the date of death in a lump sum unless the Participant elects an optional
form or deferred payment date upon becoming a Participant hereunder or at such other times
(at least 12 months prior to his or her date of death) in compliance with Plan election and
change rules required for compliance with Code section 409A.
8.3.
METHOD OF DISTRIBUTION.
(a)
Standard Form Benefits. The standard form of benefit shall be in the
form of a single lump sum.
(b)
Optional Forms. The Participant may elect to receive Benefits
(lifetime or death) in a lump sum or in installment payments other than those provided for in the
Standard Form; provided that: (1) such elections must be consistent with, and limited by, forms
and procedures adopted by the Deferred Compensation Committee for that purpose; and (2)
such elections must be consistent with, and limited by, Code Section 409A (except to the extent
exempt).
8.4.
DESIGNATION OF BENEFICIARY.
Each Participant shall have the right to designate, on forms supplied by and
delivered to the Deferred Compensation Committee, a Beneficiary or Beneficiaries to receive
his benefits hereunder in the event of the Participant's death. If the Participant is married when
the Beneficiary designation is filed, the designation will be ineffective unless the Participant's
spouse consents to the election. Subject to the spousal consent requirements, each Participant
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may change his Beneficiary designation from time to time in the manner described above. Upon
receipt of such designation by the Deferred Compensation Committee, such designation or
change of designation shall become effective as of the date of the notice, whether or not the
Participant is living at the time the notice is received. There shall be no liability on the part of
the Nation, the Deferred Compensation Committee or the Trustee with respect to any payment
authorized by the Deferred Compensation Committee in accordance with the most recent valid
Beneficiary designation of the Participant in its possession before receipt of a more recent and
valid Beneficiary designation. If no designated Beneficiary is living when benefits become
payable, or if there is no designated Beneficiary, the Beneficiary shall be the Participant's
spouse; or if no spouse is then living, such Participant's issue, including any legally adopted
child or children, in equal shares by right of representation; or if no such designated Beneficiary
and no such spouse or issue, including any legally adopted child or children, is living upon the
death of a Participant, or if all such persons die prior to the full distribution of such Participant's
benefits, then the Beneficiary shall be the estate of the Participant.
8.5.
PAYMENTS TO DISABLED.
If a person entitled to any payment hereunder shall be under a legal disability, or
in the sole judgment of the Deferred Compensation Committee shall otherwise be unable to
apply such payment to his own interest and advantage, the Deferred Compensation Committee
in the exercise of its discretion may direct the Trustee to make any such payment in any one (1)
or more of the following ways: (a) directly to such person, (b) to his legal guardian or
conservator, or (c) to his spouse or to any person charged with the legal duty of his support, to
be expended for his benefit. The decision of the Deferred Compensation Committee shall in
each case be final and binding upon all persons in interest.
8.6.
UNDERPAYMENT OR OVERPAYMENT OF BENEFITS.
In the event that, through misstatement or computation error, benefits are
underpaid or overpaid, there shall be no liability for any more than the correct benefit sums
under the Plan. Overpayment may be deducted from future payments under the Plan, and
underpayment may be added to future payments under the Plan. In lieu of receiving reduced
benefits under the Plan, a Participant or beneficiary may elect to make a lump sum repayment
of any overpayment. This Section shall be implemented in a manner designed to comply with
Code Section 409A.
8.7.
UNFORESEEABLE EMERGENCY - ANNUITY BENEFITS ONLY.
Notwithstanding any other provisions of the Plan to the contrary, benefits may
become payable prior to the general distribution dates provided above in the case of an
Unforeseeable Emergency. Amounts distributed with respect to an Unforeseeable Emergency,
however, may not exceed the amounts necessary to satisfy such emergency plus amounts
necessary to pay taxes reasonably anticipated as a result of the distribution, after taking into
account the extent to which such hardship is or may be relieved through reimbursement or
compensation by insurance or otherwise or by liquidation of the Participant’s assets (to the
extent the liquidation of such assets would not itself cause severe financial hardship). The
Deferred Compensation Committee, in its discretion, shall determine when a distribution shall
be made pursuant to this Section 8.7.
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8.8.
83 of 409
SMALL ACCOUNT CASH OUTS.
Notwithstanding any other provisions of the Plan to the contrary, the Deferred
Compensation Committee, in its discretion, may accelerate payments by requiring a mandatory
lump sum payment of amounts deferred under the Plan; provided that (1) the payment results
in the termination and liquidation of the entirety of the Participant’s interest in the Plan and all
other deferred compensation arrangements that must be aggregated under Code Section
409A, and (2) the payments do not exceed the applicable dollar amount under Code Section
402(g)(1)(B).
8.9.
TAXES.
Notwithstanding any other provisions of the Plan to the contrary, the Deferred
Compensation Committee may accelerate payments, to the full extent permitted under Code
Section 409A, for: (1) the payment of the Federal Insurance Contributions Act (FICA) tax
imposed under Code Section 3101 and 3121(v)(2) on Compensation deferred under the Plan
(the FICA Amount), (2) payment of the income tax at source on wages imposed under Code
Section 3401 on the FICA Amount, (3) payment of the additional income tax at source on
wages attributable to the pyramiding of Code Section 3401 wages and taxes, and (4) payment
of state, local and foreign taxes arising from participation in the Plan.
8.10.
INCOME INCLUSION.
Notwithstanding any other provisions of the Plan to the contrary, the Deferred
Compensation Committee may accelerate payments that are included in income as a result of a
failure to meet Code Section 409A.
8.11.
OFFSETS.
Notwithstanding any other provisions of the Plan to the contrary, t
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