# Oneida Business Committee (2018) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A9ce83ebf4298d79c ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 409 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 Page 1 of 6 February 14, 2018 Public Packet VII. 2 of 409 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 Page 2 of 6 February 14, 2018 Public Packet X. 3 of 409 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 Page 3 of 6 February 14, 2018 Public Packet 4 of 409 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 Page 4 of 6 February 14, 2018 Public Packet XV. 5 of 409 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 Page 5 of 6 February 14, 2018 Public Packet 6 of 409 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 7 of 409 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 8 of 409 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 9 of 409 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 10 of 409 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 11 of 409 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 Page 1 of 16 January 24-25, 2018 Public Packet 12 of 409 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 Page 2 of 16 January 24-25, 2018 Public Packet 13 of 409 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 Page 3 of 16 January 24-25, 2018 Public Packet 14 of 409 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 Page 4 of 16 January 24-25, 2018 Public Packet 15 of 409 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 Oneida Business Committee Regular Meeting Minutes DRAFT Page 5 of 16 January 24-25, 2018 Public Packet 16 of 409 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT Page 6 of 16 January 24-25, 2018 Public Packet 17 of 409 DRAFT 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. Oneida Business Committee Regular Meeting Minutes DRAFT Page 7 of 16 January 24-25, 2018 Public Packet 18 of 409 DRAFT (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 Oneida Business Committee Regular Meeting Minutes DRAFT Page 8 of 16 January 24-25, 2018 Public Packet 19 of 409 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT Page 9 of 16 January 24-25, 2018 Public Packet 20 of 409 DRAFT 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. Oneida Business Committee Regular Meeting Minutes DRAFT Page 10 of 16 January 24-25, 2018 Public Packet 21 of 409 DRAFT 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. Oneida Business Committee Regular Meeting Minutes DRAFT Page 11 of 16 January 24-25, 2018 Public Packet 22 of 409 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT Page 12 of 16 January 24-25, 2018 Public Packet 23 of 409 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT Page 13 of 16 January 24-25, 2018 Public Packet 24 of 409 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT Page 14 of 16 January 24-25, 2018 Public Packet 25 of 409 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT Page 15 of 16 January 24-25, 2018 Public Packet 26 of 409 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT Page 16 of 16 January 24-25, 2018 Public Packet 27 of 409 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 Public Packet 28 of 409 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 Public Packet 29 of 409 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 Public Packet 30 of 409 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. Public Packet 31 of 409 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 Public Packet 32 of 409 ONEIDA NATION OF WISCONSIN TRIBAL TANF PLAN For grant period May 1, 2018 through April 30, 2021 =DCXXXJO= ONEIDA Public Packet 33 of 409 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. Public Packet 34 of 409 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 Public Packet 35 of 409 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 Public Packet 36 of 409 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 Page 5 of28 Public Packet 37 of 409 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, Page 6 of28 Public Packet 38 of 409 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 Page 7 of28 Public Packet 39 of 409 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 Page 8 of28 Public Packet 40 of 409 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. · Page 9 of28 Public Packet I. 41 of 409 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). Page 10 of28 Public Packet G. II. 42 of 409 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 Page 11 of28 Public Packet 43 of 409 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 Page 12 of28 Public Packet 44 of 409 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: Page 13 of28 Public Packet 45 of 409 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 Page 14 of28 Public Packet 46 of 409 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 Page 15 of28 Public Packet XI. 47 of 409 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 Page 16 of28 Public Packet 48 of 409 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. Page 17 of28 Public Packet XV. 49 of 409 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 Page 18 of28 Public Packet 50 of 409 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: Page 19 of28 Public Packet 51 of 409 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 Page 20 of28 Public Packet 52 of 409 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 Page 21 of28 Public Packet 53 of 409 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 Page 22 of28 Public Packet 54 of 409 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 Page 23 of28 Public Packet 55 of 409 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. Page 24 of28 Public Packet XXV. 56 of 409 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. Page 25 of28 Public Packet XXVII. 57 of 409 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. Page 26 of28 Public Packet XXX. 58 of 409 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. Page 27 of28 Public Packet 59 of 409 Signatures: Tehassi Hill Tribal Chairman Date Delia Smith, Community ES Director Date Barbara Metoxen, Economic Support Program Manager Date Page 28 of28 Public Packet 60 of 409 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 Public Packet 61 of 409 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 Public Packet Phone: (920)869-2214 62 of 409 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. Public Packet 63 of 409 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. Public Packet 64 of 409 ONEIDA NATION ELECTED BUSINESS COMMITTEE RETIREMENT PROGRAM Restatement Effective Date: January 1, 2018 Public Packet 65 of 409 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. 1 Public Packet 66 of 409 (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 2 Public Packet 67 of 409 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 3 Public Packet 68 of 409 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. 4 Public Packet 69 of 409 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 5 Public Packet 70 of 409 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 Public Packet 71 of 409 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A9ce83ebf4298d79c. Public record. Not legal advice.