Oneida Business Committee (2021)

Tribal code

Ask Donna

What actually matters in this document.

Text

Public Packet

1 of 79

Oneida Business Committee

Special Meeting

3:30 PM Tuesday, March 02, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

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

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

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

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

NOTICE

Due to the Public Health State of Emergency the OBC meeting is closed to the public. Any person

who has comments or questions regarding open session items may submit them to

TribalSecretary@oneidanation.org no later than the close of business the day before the OBC

meeting. Any comments or questions received shall be noticed to the OBC.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

NEW BUSINESS

Approve the Cooperative Governance Agreement between the Oneida Nation and

the City of Green Bay and a limited waiver of sovereign immunity - file # 2021-0035

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Approve the Law Enforcement Response and Mutual Assistance Agreement

between the Oneida Nation and the City of Green Bay and a limited waiver of

sovereign immunity - file # 2021-0034

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

ADJOURN

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

Open Meetings law (§ 107.14.)

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

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

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

or (800) 236-2214

Oneida Business Committee

Special Meeting Agenda

Page 1 of 1

March 02, 2021

Public Packet

2 of 79

Oneida Business Committee Agenda Request

Approve the Cooperative Governance Agreement between the Oneida Nation and the City of Green Bay..

1. Meeting Date Requested:

03 / 02 / 21

2. General Information:

Session:

Open

Agenda Header:

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

New Business

Accept as Information only

Action - please describe:

The Oneida Nation and the City of Green Bay Mayor have in full faith negotiated a Cooperative Governance

Agreement and Law Enforcement Response & Mutual Assistance Agreement. At the December 15, 2020

Business Committee Work Session, the Business Committee agreed to move these agreements forward with

some changes. A review occurred at the January 13, 2021 Business Committee meeting and final draft

agreements have been finalized and being presented to the Business Committee for consideration of

approval.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Cooperative Governance Agreement

3. IGAC Memorandum to the Business Committee

2. Email and Counteroffer

4. Legal Opinion

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Melinda J. Danforth, IGAC Director of Intergovernmental Affairs

Primary Requestor/Submitter:

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Public Packet

3 of 79

Oneida Business Committee Agenda Request

6. Cover Memo:

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

See attached memorandum.

Requested Action:

1. Approve the Oneida Nation and City of Green Bay Cooperative Governance Agreement and a limited waiver of

sovereign immunity.

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

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

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

Page 2 of 2

Public Packet

4 of 79

Oneida Nation

Intergovernmental Affairs and Communications

MEMORANDUM

TO:

Business Committee

FROM:

Melinda J. Danforth, IGAC Director

DATE:

March 2, 2021

SUBJECT:

Oneida Nation/Green Bay Cooperative Governance and Mutual Aid Agreement

Formally requesting the Business Committee’s consideration of the Oneida Nation/City of

Green Bay Cooperative Governance and Mutual Aid Agreements.

Background

In 2009, the Oneida Nation entered into a service agreement with the City of Green Bay. In that

era, the Nation was compensating the City under a “payment in lieu of taxes” philosophy under

which the Nation paid the City for services provided to trust properties and received credits for

services provided by the Nation. In 2016, and after disingenuous negotiations on the City’s

part, the City terminated the agreement.

In January 2019, former Green Bay Mayor Jim Schmidt requested a meeting with Nation

officials to discuss the possibility of entering into negotiations for a new service agreement.

The Nation honored the request and on February 1, 2019 met with Mayor Schmidt along with

City Aldermen VanderLeest, Brunette and other staff officials. The Business Committee

declined entering into negotiations citing that the Nation desired to complete other

negotiations with Brown County and the Village of Ashwaubenon and also citing that Aldermen

VanderLeest and Brunette failed to disclose at the February 1st meeting that they both signed a

letter from former GB Alderman Sladek indicating that they would protect the City’s right to

oppose land into trust. The Business Committee also wanted to wait to see who the next

Green Bay Mayor would be, as the mayoral elections were only months away.

In a June 11, 2019 letter, the new Mayor, Eric Genrich, formally requested the Nation to meet

to discuss consideration to enter into an intergovernmental agreement. On August 22, 2019

the Business Committee and the Mayor along with the Nation’s respective top staff met. The

PO Box 365 • Oneida, WI 54155-0365

oneida-nsn.gov

Public Packet

Nation and the City presented their vision and goals of a cooperative governance agreement. 1

The Mayor first issued an apology on behalf of the City for the previous Administration and City

Council’s behavior and statements. The Mayor informed the Nation that he was taking back his

authority to negotiate the agreement, and it would be his responsibility to educate and obtain

final approval from the City Council. The City’s philosophy was to enter into an agreement that

would uphold the United States Constitution and honor the treaties that the United States

entered into with the Nation. The focus would be on the needs of the people, the Nation and

City being mutually served while recognizing the jurisdiction and authorities of both

governments, and to leverage our resources to provide for the needs of the people our

governments both serve. After this initial meeting, a series of meetings occurred between the

Nation, our divisional staff and the negotiating teams. 2

Of note, a historic meeting was held on October 31, 2019 whereby the Nation and City

department heads from 10 areas met, including; leadership (elected officials), finance, public

works, police services, emergency management/fire, human resources, transit, water

utility/environmental, community/economic development and parks. The goal of the meeting

was to be able to identify issues and projects that could be addressed in the agreement, and for

government and department counterparts to meet one another in person.

From this meeting, the draft cooperative governance documents were prepared, and the final

review and discussions were finalized by the negotiating teams. In February 2020, the Business

Committee was on the brink of approving the agreement, and the COVID-19 pandemic hit and

the agreement was placed on hold due to cash flow and budgetary issues.

With the Fiscal Year 2021 budget being approved, the funding for this agreement lies within the

service agreement line that was transferred from the Business Committee to Legislative Affairs.

On December 15, 2020 at the BC Work Session, the Business Committee received a

presentation and draft agreements. Feedback was received on the documents that included

incorporating a suspension clause, land into trust challenge provisions, and other minor

changes to the document. Those changes were made to the agreement, and the Business

In 2017, the Nation entered in to the first Cooperative Governance agreement with the Town of Oneida. The

agreement can be found at https://oneida-nsn.gov/dl-file.php?file=2016/02/2016-2021-Cooperative-GovernanceAgreement-Between-Oneida-Nation-and-Town-of-Oneida-signed-7-2728-2017-1.pdf

The Nation’s negotiating team was comprised of the Business Committee Officers, James Bittorf, Kelly

McAndrews, Melinda J. Danforth, Tana Aguirre and Deborah Thundercloud. The City’s negotiating team was

comprised of Mayor Eric Genrich, Mayor’s Chief of Staff Celestine Jeffreys, and City Attorney Vanessa Chavez.

5 of 79

Public Packet

Committee reviewed the drafts at the Regular BC meeting on January 13, 2021. The documents

are now ready for the Business Committee’s formal consideration of approval.

6 of 79

Public Packet

7 of 79

ONEIDA LAW OFFICE

CONFIDENTIAL: ATTORNEY/CLIENT WORK PRODUCT

TO:

Melinda J. Danforth

Intergovernmental Affairs & Communications

Use this number on future correspondence:

FROM: James R. Bittorf, Deputy Chief Counsel

James R. Bittorf

DATE: February 9, 2021

RE:

2021-0035

Digitally signed by James R. Bittorf

Date: 2021.02.09 11:04:18 -06'00'

City of Green Bay-Cooperative Governance

Agreement

Purchasing Department Use

Contract Approved

Contract Not Approved

(see attached explanation)

If you have any questions or comments regarding this review, please call 869-4327.

The attached agreement, contract, policy and/or guaranty has been reviewed by the Oneida Law

Office for legal content only. Please note the following:

9 The document is in appropriate legal form. (Execution is a management decision.)

9 Requires Business Committee approval prior to execution.

9 Waiver of sovereign immunity requires Business Committee approval. Under subsection

10(c), the Nation and the City “waive sovereign immunity and consent to suit in Brown

County Circuit Court solely for the limited purpose of compelling arbitration . . . or

enforcement of any arbitration award . . .”

Public Packet

8 of 79

COOPERATIVE GOVERNANCE AGREEMENT

BETWEEN

THE ONEIDA NATION

AND

THE CITY OF GREEN BAY

THIS AGREEMENT, by and between the ONEIDA NATION (the “Nation”), a

federally recognized treaty tribe organized under the laws of the United States, and the CITY OF

GREEN BAY (the “City”), a municipal government organized under the laws of the State of

Wisconsin (each a “party” and collectively, the “parties”),

WITNESSETH:

WHEREAS, the Nation and the City have been good neighbors and desire the spirit of

cooperation between the two governments to continue; and

WHEREAS, the Oneida Reservation was established pursuant to the 1838 Treaty with the

Oneida, 7 Stat. 566, and encompasses approximately 65,400 acres; and

WHEREAS, the boundaries of the Oneida Reservation and the boundaries of the City overlap,

and portions of the City are within the Oneida Reservation; and

WHEREAS, the Nation owns fee title to parcels of land located within the City, and the Nation

may apply to have such parcels taken into trust by the United States; and

WHEREAS, the United States holds title to parcels of land within the City in trust for the

benefit of the Nation; and

WHEREAS, both the Nation and the City provide services which benefit properties, residents,

and the community within the Oneida Reservation and the City; and

WHEREAS, the services provided by the Nation and the City complement each other and are

not intended to create duplication of services; and

WHEREAS, the City derives revenue from the taxation of real property, among other things;

and

WHEREAS, lands held in trust by the United States for the benefit of the Nation are exempt

from taxation under federal law due to the Nation’s status as a sovereign; and

WHEREAS, the Nation and the City enjoy a relationship of mutual trust and respect; and

Public Packet

9 of 79

WHEREAS, both the Nation and the City exercise jurisdiction and provide governmental

services within their respective territories, and both the Nation and the City

recognize the importance of collaborative efforts to enhance governmental

services and to mitigate costs associated with providing governmental services;

and

WHEREAS, the officers and officials of the City have a duty to uphold the laws of the United

States and the State of Wisconsin, including complying with the terms of the 1838

Treaty; and

WHEREAS, it is mutually beneficial to the parties to put their understandings in writing;

The Nation and the City hereby agree to the following terms and conditions:

DEFINITIONS. For purposes of this Agreement, the following terms shall have the

following meanings:

a. “Class III Gaming” has the meaning ascribed to it in the Indian Gaming Regulatory

Act, 25 U.S.C. § 2703(8).

b. “Gaming Compact” means the agreement entered into by the Nation and the State of

Wisconsin pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq.,

for the conduct of Class III Gaming on the Nation’s Indian lands within the State of

Wisconsin, and all amendments to such agreement.

c. “Oneida Reservation” or “Reservation” means the land set aside for the use and

occupancy of the Nation and its Members pursuant to the 1838 Treaty with the

Oneida, 7 Stat. 566, encompassing approximately 65,400 acres, and any lands added

thereto pursuant to federal law.

d. “Tribal Fee Land” means land to which the Nation holds title in fee simple.

e. “Tribal Land” means Tribal Fee Land on the Reservation and Tribal Trust Land.

f. “Tribal Member” or “Member” means a duly enrolled member of the Nation.

g. “Tribal Trust Land” means land to which the United States holds title for the benefit

of the Nation pursuant to federal law.

“Year” means the fiscal year beginning on October 1st of a given calendar year and

ending on September 30th of the following calendar year.

TERM. The term of this Agreement shall be fifteen (15) years, commencing on the date

the Agreement is executed by both parties, and ending on December 31, 2035, and shall

automatically renew for successive five (5) year terms.

Public Packet

10 of 79

LAW ENFORCEMENT MUTUAL AID. The Oneida Police Department and the

Green Bay Police Department will provide mutual aid in the form of back-up/secondary

assistance for police, ambulance, emergency medical or rescue services (“Mutual Aid”).

The conditions under which Mutual Aid shall be provided are set forth in full in

Attachment B, which the parties may from time to time amend.

INTERGOVERNMENTAL COOPERATION. The parties agree to work

collaboratively to the greatest extent possible in order to foster positive

intergovernmental relationships, achieve common goals, and realize efficiencies in the

delivery of programs and services, including but not limited to the following efforts:

a. Point of Contact. The parties hereby designate the following representatives as points

of contact who shall have primary responsibility for ensuring compliance, receiving

notice, and ensuring continued participation under this Agreement:

City of Green Bay:

Oneida Nation:

Chief of Staff

City of Green Bay

100 North Jefferson St., Rm 200

Green Bay, WI 54313

Tribal Secretary

Intergovernmental Affairs Director

Oneida Nation

P.O. Box 365

Oneida, WI 54155

A party may only change its designated Point of Contact by providing written notice

to the other party.

b. Information Sharing. The parties will collaborate on mapping and share data bases

concerning issues of mutual interest and concern, including but not limited to parcel

information, zoning, land use, land ownership status, census information,

archeological/historical background (with appropriate limitations on culturally

sensitive sites and public access), utilities, roads and rights of way, etc.

c. Resource Sharing. The parties agree to make equipment, supplies, and other physical

assets available to each other on an at-cost or in-kind basis when permissible and

feasible in order to facilitate the delivery of governmental services and to promote the

common good.

d. Cost Mitigation. The parties will actively explore ways to conserve resources through

cooperation and agree to accept and review proposals from each other regarding

potential cost saving measures related to the delivery of governmental programs and

services.

e. Grants and Funding Sources. The parties agree to support each other in seeking

grants and other sources of funding, and agree, to the extent feasible, to share

knowledge and expertise regarding grant opportunities and grant writing.

Public Packet

11 of 79

f. Legislative Initiatives. The parties agree to share information regarding legislative

initiatives on matters of mutual concern and in which their interests coincide, and

each party agrees to consider the interests of the other party in determining whether to

support or oppose legislative proposals.

g. Environmental Protection. The parties each provide programs and services which

protect the environment and promote human health and agree to coordinate such

activities to the extent possible and to work together on public education, stormwater

management, responses to spills, clean sweep programs, and the like.

h. Departmental Meetings. Each party will identify a contact person to facilitate

meetings between corresponding departmental staff of the parties in order to identify

issues of concern, address emergent issues, and promote intergovernmental

cooperation. The parties’ contact persons are listed in Attachment A, which the

parties shall update from time to time as necessary, but not less than annually.

i. Liaisons. Each party will identify representatives to serve as liaisons to relevant

boards, committees and commissions of the other party for the purpose of facilitating

communication. The parties’ liaisons are listed in Attachment A, which the parties

shall update from time to time as necessary, but not less than annually.

BAY BEACH WILDLIFE SANCTUARY. The mission of the City’s Bay Beach

Wildlife Sanctuary (the “Sanctuary”) is: “To provide an urban wildlife refuge where

people can interact with wildlife, plants and other natural resources through

environmental education and recreation.” This mission corresponds with and

complements the Nation’s goals of protecting and enhancing the natural environment.

Despite the City’s ongoing commitment and efforts to maintain the Sanctuary, additional

capital improvements, education, and services are necessary to enable the Sanctuary to

fulfill its mission. In recognition of the mutual benefit of the Sanctuary to the

community, the Nation agrees to make a one-time payment of $150,000 to further the

mission of the Sanctuary.

NEIGHBORHOOD LAND USE

a. The Oneida Code of Laws contains zoning, building, nuisance, and other land use

regulations (“Land Use Regulations”) which are applicable to the Nation, Tribal

Members, and individuals and businesses leasing, occupying or otherwise using

Tribal Land. City ordinances addressing Land Use Regulations do not apply to the

Nation or Tribal Members on the Reservation.

b. The parties agree to work together to improve neighborhood services and recognize

that communication between the parties is the best way to achieve this goal. The

parties shall each identify a contact person responsible for communication regarding

land use regulation issues, and Tribal staff and City staff shall meet quarterly.

Public Packet

12 of 79

c. The City agrees to refer land use regulation issues concerning the Nation, Tribal

Members, and individuals and businesses leasing, occupying or otherwise using

Tribal Land to the Nation’s contact person and appropriate tribal staff. The Nation

agrees to refer neighborhood peace and safety issues concerning nonmembers on nontribal land to the City’s contact person and appropriate city staff.

d. The parties’ contact persons and staff members are listed in Attachment A, which the

parties shall update from time to time as necessary, but not less than annually.

PUBLIC IMPROVEMENTS.

a. Residential Street Improvements. The City does not currently assess property owners

the cost of residential street repairs. Instead, the City collects a vehicle registration

tax (“Wheel Tax”) in lieu of the assessments for street improvements on residential

properties. The Annual Payment under section 8 below covers the cost of all

residential street improvements benefitting Tribal Land. In the event the City in the

future assesses the cost of street improvements on residential properties, the Nation

will pay the actual proportional cost of all such improvements benefitting Tribal Land

in the same manner as provided for in subsection (b) below, and all amounts paid by

the Nation for such improvements shall be credited against the Annual Payment for

the year in which they are paid.

b. To the extent the City assesses the cost of public improvements against properties

benefitted by such improvements, the Nation agrees to pay the actual, proportional

cost of all public improvements benefitting Tribal Land including, but not limited to,

grading, graveling, storm and sanitary sewer and laterals, water mains and laterals,

sidewalks, paving and relays, reconstructions, overlays or repairs thereof, to the same

extent and on the same basis as such costs are charged to other property owners. The

Nation agrees to pay those costs in accordance with the following procedure: The

City will not take any action to levy assessments for such improvements but will

inform the Nation of the proposed improvement and the estimated cost thereof not

less than thirty (30) days prior to commencement of the project. The City agrees to

give due consideration to all comments which the Nation may submit regarding the

project. The City will bill the Nation the cost of any such street improvement

attributable to the Tribal Land upon completion of such improvement. The Nation

will pay such bill in full within thirty (30) days of receipt thereof.

COMPENSATION.

a. Annual Payment. In consideration of the services provided by the City, and the

promises and agreements stated herein, the Nation shall make an annual payment (the

“Annual Payment”) to the City in accordance with the following schedule:

2021

2022-2025

$322,192

$525,000

Public Packet

13 of 79

2026-2030

2031-2035

$575,000

$625,000

On or before January 31, 2035, the parties shall enter into good faith negotiations

regarding the amount of the Annual Payment for 2036 and following years. Either

party may request peacemaking and/or non-binding mediation to facilitate such

negotiations, and the parties shall thereafter engage in such peacemaking and/or

mediation. Disagreements about the amount of the Annual Payment for 2036 and

following years shall not be subject to arbitration. In the event the parties cannot

agree on the amount of the Annual Payment for 2036 and following years by

December 31, 2035, either party may terminate this agreement by providing written

notice of termination to the other party.

The Nation may make Annual Payments in the form of cash or cash equivalents, inkind and non-monetary contributions, cooperative governance project payments, and

payments for residential street improvements under section 7 above, provided that the

Nation shall make a payment of at least $300,000 annually in the form of cash or cash

equivalents.

b. In-Kind and Non-Monetary Contributions. The value of rights, goods and services

which the Nation provides or transfers to the City shall be counted as part of the

Annual Payment, provided the City accepts and agrees to such in-kind and nonmonetary contributions. In-kind and non-monetary contributions shall be valued at

the fair market value of the rights, goods or services, or the actual price paid by the

Nation to acquire the rights, goods or services. For example, if the Nation acquires

and transfers ownership of $100,000 in firefighting equipment to the City in March

2030, the Nation shall receive a credit of $100,000 against the Annual Payment for

that year. Under no circumstances shall Nation’s internal costs be considered to be

in-kind or non-monetary contributions.

c. Cooperative Governance Project Payments. Payments directly to a vendor or agency

as part of a joint or cooperative project between the City and Nation shall be counted

as part of the Annual Payment. The Nation shall receive a dollar-for-dollar credit for

all expenditures made by the Nation in furtherance of such projects. For example, if

the Nation pays $100,000.00 to fund cooperative governance projects in March 2030,

the Nation shall receive a credit of $100,000.00 against the Annual Payment for that

year.

Cooperative Governance Projects. Cooperative governance projects are intended to

facilitate or enhance governmental services and/or to promote economic

development. By way of illustration but not limitation, cooperative governance

projects may include: the construction, maintenance, and repair of roads, bridges,

pedestrian pathways, and related infrastructure; the construction, maintenance, and

repair of storm sewers, storm water treatment facilities, and related infrastructure; the

construction, maintenance, and repair of buildings, public facilities, and related

infrastructure; the purchase of land; the procurement of leases, easements, or rights-

Public Packet

14 of 79

of-way; and the purchase of machinery, equipment, and tools; contracted lobbying

services for the benefit of the City; contracted grant-writing services for the benefit of

the City.

Cooperative Governance Project Team. Each party shall designate three (3)

representatives to serve on a cooperative governance project team which shall be

responsible for identifying, planning, bringing forward for approval, and overseeing

the implementation of cooperative governance projects. The cooperative governance

project team shall meet as frequently as necessary, and in no event fewer than four (4)

times/year. With respect to each approved project, the cooperative governance

project team shall determine the amount of credit to which the Nation shall be entitled

for cooperative governance project payments and in-kind and non-monetary

contributions to fund or facilitate the project.

The parties’ cooperative governance team members are listed on Attachment A,

which the parties shall update from time to time as necessary, but not less than

annually.

d. Invoices and Payment. On or before February 1st of each year, the City will submit

an invoice to the Nation reflecting the Annual Payment for that year. In the event the

Nation disputes the invoice, the Nation shall initiate the dispute resolution procedures

set forth in section 10 below within thirty (30) days of receipt of the invoice. On or

before September 30th, the Nation shall pay the Annual Payment less any amounts

taken as credits for in-kind and non-monetary contributions, cooperative governance

project payments, and payments for residential street improvements, and shall itemize

the amounts of such credits in writing. In the event the City disputes the amounts

taken as credits by the Nation, the City shall initiate the dispute resolution procedures

set forth in section 10 below within thirty (30) days.

e. Suspension of Payments. In the event of a Change in Circumstances which affects

the Nation’s ability to make Annual Payments, the Nation may suspend payment until

such time as the Change in Circumstances has abated, and thereafter shall pay the

suspended Annual Payment(s) in three equal annual installments beginning in the

year after the Change in Circumstances has abated or as the parties may otherwise in

writing agree. If the Change in Circumstances persists in excess of one (1) year,

either party may terminate this Agreement upon written notice to the other party;

provided, however, that the obligation to pay the Annual Payment shall not be

affected until termination, and all amounts accruing prior to termination shall remain

due. The parties shall thereafter enter into good faith discussions regarding the

possibility of entering into a successor agreement. For purposes of this subsection

8(e), Change in Circumstances includes: (1) impairment of the Nation’s ability to

conduct Class III gaming at the locations at which the Nation currently conducts such

gaming due to adverse court decision(s), acts of God, or otherwise; (2) shutdown of

the federal government lasting three months or more; and (3) economic recession

defined as lasting two quarters or more. A party may not terminate this Agreement

Public Packet

15 of 79

pursuant to this section 8(e) unless payments have been suspended due to a Change in

Circumstances, and the Change in Circumstances persists in excess of one (1) year.

f. Repayment by City. In the event the Nation serves written notice of dispute on the

City under subsection 10(a) below alleging the City has materially breached the terms

of this Agreement, the Nation’s obligation to make Annual Payments shall continue

pending resolution of the dispute pursuant to the procedures outlined in section 10

below. If an Arbitration Panel empaneled pursuant to subsection 10(d) below

determines the City has materially breached or is materially breaching the terms of

this Agreement, the City shall repay to the Nation those amounts paid under

subsection 8(a) above and return any in-kind and non-monetary contributions

received under subsection 8(b) above, from the date of service of the written notice of

dispute to the date of the Arbitration Panel’s determination, order and/or judgment.

The requirements of this subsection 8(f) shall not apply to any Cooperative

Governance Projects Payments identified in subsection 8(c) above, which projects the

parties agree are mutually beneficial to the City and Nation. In addition, if the City

does not cure such breach within fifteen (15) days of such determination, order and/or

judgment, the Nation may terminate this Agreement pursuant to section 13 below and

thereupon shall not be required to make any payments to the City. For purposes of

this subsection 8(f), any violation by the City of the provisions of section 9 below

shall be deemed to be a material breach of this Agreement.

LAND INTO TRUST.

a. When the Nation acquires fee title to land located within the City, the Nation will

notify the City of the acquisition and the following information: 1) the street address,

2) the tax parcel number(s), 3) the acreage, 4) the current use of the land, and 5) the

Nation’s proposed use of the land. Upon receiving such notice, the City may request

a meeting and the parties shall thereafter meet to discuss any issues or matters raised

by the City pertaining to that parcel.

b. At least sixty (60) days prior to submitting an application to have land within the City

taken into trust, the Nation will send notice to the City which includes the following

information: 1) the street address, 2) the tax parcel number(s), 3) the acreage, 4) the

current use of the land, 5) the Nation’s proposed use of the land after trust acquisition,

and 6) any proposed development or improvements to the land. Within thirty (30)

days of receiving such notice, the City shall identify in writing any issues or matters

pertaining to the land, and the parties shall thereafter meet within ten (10) days, or at

any other time mutually agreeable, to discuss such issues or matters. Prior to

submitting the application, the Nation shall inform the City in writing of any

measures it may take to address any issues or matters raised by the City. After sixty

(60) days have elapsed from the date of the Nation’s notice to the City, the Nation

may file the application, and shall clearly identify in the application any unresolved

issues or matters, any actions taken or proposed to be taken by the Nation to address

the issues or matters, and any final positions taken by the City or the Nation with

Public Packet

16 of 79

regard to the unresolved issues or matters. Either party may thereafter request

mediation or peacemaking to attempt to resolve the issues or matters, and the parties

shall engage in such mediation or peacemaking. This subsection 9(b) shall not apply

to any applications filed by the Nation prior to the effective date of this Agreement.

c. The City will not oppose applications by the Nation to have land taken into trust

during the term of this Agreement if the following criteria are satisfied: 1) the Nation

has held fee title to the land in question for a period of three (3) years or more prior to

the date of the application; or prior to the Nation’s acquisition, a tax exempt entity

held title to the land in question; 2) the Nation has met its obligations under

subsection 9(b) above with respect to the application in question; and 3) the Nation

has not been determined to be in material noncompliance with the terms of this

Agreement pursuant to the dispute resolution procedures set forth in subsection 10(d)

below; or if the Nation has been determined to be in material noncompliance with the

terms of this Agreement pursuant to the dispute resolutions procedures set forth in

subsection 10(d) below, such noncompliance has been cured or corrected. If these

criteria are not satisfied, the City may object to the application as provided for in 25

C.F.R. Part 151. Notwithstanding the foregoing, in no event shall the City challenge

the authority of the Secretary of the United States Department of the Interior to take

land into trust for the benefit of the Nation on the grounds the Nation allegedly was

not under federal jurisdiction in 1934 or otherwise.

d. If a representative of the City, in his or her official or personal capacity, submits an

objection to the United States Bureau of Indian Affairs or other responsible federal

agency regarding an application for trust acquisition of Tribal Fee Land which meets

the criteria listed in subsection 9(c) above, the City will as soon as practicable submit

appropriate correspondence to the United States Bureau of Indian Affairs or other

responsible federal agency attesting that the objector does not represent the interests

of the City or have authority to speak on the City’s behalf. In addition, if a

representative of the City, in his or her official or personal capacity, appeals a notice

of decision or other determination issued by the Bureau of Indian Affairs or other

responsible federal agency to place into trust Tribal Fee Land which meets the criteria

listed in subsection 9(c) above, the City will as soon as practicable file appropriate

pleadings or correspondence with the Interior Board of Indian Appeals or other

responsible hearing body attesting that appellant does not represent the interests of the

City or have authority to speak on the City’s behalf.

e. Upon execution of this Agreement and in consideration of the promises and payments

identified herein, the City shall withdraw any and all objections it has submitted to

the Bureau of Indian Affairs or Department of the Interior regarding the Nation’s

applications to have land placed into trust, and shall withdraw and move for the

immediate dismissal with prejudice of any and all appeals it has filed with the Interior

Board of Indian Appeals of notices of decision to place land into trust for the Nation.

Public Packet

10.

17 of 79

DISPUTE RESOLUTION.

a. Negotiation. If either party believes the other has failed to comply with the

requirements of this Agreement, or if a dispute arises over the proper interpretation of

any provision of this Agreement, then either party may initiate negotiation by serving

a written notice on the other identifying the specific provision or provisions of the

Agreement in dispute and specifying in detail the factual basis for any alleged noncompliance and/or the interpretation of the provision of the Agreement. Within thirty

(30) days of service of such notice, representatives designated by each party shall

meet in an effort to resolve the dispute through negotiation.

b. Peacemaking. If either party believes the other has failed to comply with the

requirements set forth in this Agreement, or if there is a dispute over the proper

interpretation of any provision of this Agreement, the parties may agree in writing to

attempt to settle the dispute through peacemaking.

c. Mediation. If either party believes the other has failed to comply with the

requirements set forth in this Agreement, or if there is a dispute over the proper

interpretation of any provision of this Agreement, and peacemaking has been

unsuccessful, the parties may agree in writing to attempt to settle the dispute by nonbinding mediation.

d. Arbitration. If a dispute is not resolved within one hundred twenty (120) days of

service of the notice provided for in subsection (a) above, either party may serve on

the other a written demand for arbitration, and the dispute shall thereafter be resolved

by arbitration which shall be conducted in conformance with the rules set forth below

and such other rules as the parties may in writing agree.

i. Arbitration Panel. Each party shall appoint one arbitrator. The two partyappointed arbitrators shall then appoint a third arbitrator, and the three arbitrators

shall constitute the panel.

ii. Cost of Arbitration. The cost of arbitration shall be borne equally by the parties,

with one-half (1/2) of the cost charged to the Nation and one-half (1/2) of the cost

charged to the City, and each shall bear its own expenses.

e. Limited Waiver of Immunity. The City and the Nation specifically waive sovereign

immunity and consent to suit in Brown County Circuit Court solely for the limited

purposes of compelling arbitration in accordance with the provisions of this

Agreement or enforcement of any arbitration award rendered pursuant to this

Agreement.

11.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the

parties and supersedes all prior oral and written agreements between the parties on the

subjects addressed herein.

Public Packet

18 of 79

12.

AMENDMENT. Either party may propose amendments to this Agreement at any time.

No amendment or modification of this Agreement will be effective unless the amendment

or modification is reduced to writing and agreed to and executed by both parties. The

parties may agree to non-binding mediation for disputes regarding proposed amendments,

but such disputes shall not otherwise be subject to dispute resolution or arbitration.

13.

TERMINATION. This Agreement may be terminated only in one of the following

ways: 1) this Agreement will immediately terminate and cease to be effective in the event

the City no longer provides services to the Nation; 2) this Agreement will immediately

terminate and cease to be effective in the event the Nation for any reason ceases to

conduct Class III Gaming pursuant to a Gaming Compact with the State of Wisconsin; 3)

the parties may terminate this Agreement by mutual agreement, provided that such

agreement is reduced to writing and signed by both parties, and 4) either party may

terminate this Agreement by serving written notice of termination in accordance with

subsection 8(a) above; 5) either party may terminate this Agreement by serving written

notice of termination pursuant to subsection 8(e) above; and 6) either party may terminate

this Agreement by serving written notice of termination on the other party in the event an

Arbitration Panel determines the other party has materially breached the terms of this

Agreement and the other party does not immediately cure such breach. Upon

termination, neither party shall have any further obligation under this Agreement, except

that the provisions of section 10 above shall survive termination of this Agreement.

14.

NOTICE. Notice provided by a party under this Agreement must be in writing sent by

either e-mail, read receipt requested, or certified mail, return receipt requested, to the

appropriate representative(s) of the other party as set forth in Attachment A.

15.

SEVERABILITY. If any provision of this Agreement is determined to be invalid under

the laws of the United States, the Nation or the State, such invalidity will not affect the

validity of the remaining provisions of this Agreement.

16.

PRESERVATION OF JURISDICTION. Nothing in this Agreement is intended to be

a grant of jurisdiction from one party to the other. This Agreement is not intended to

alter the existing jurisdiction of any party, and by approving this Agreement, neither

party is agreeing or conceding to any jurisdiction of the other party which would not

otherwise exist under the law.

17.

NO THIRD-PARTY BENEFICIARIES. This Agreement is made and entered into for

the sole protection and benefit of the Nation and the City, and is not intended to create

any right, benefit, obligation, or cause of action, whether direct or indirect, for any person

or entity not a signatory to this Agreement.

CHOICE OF LAW. This Agreement shall be construed in accordance with the laws of

the State of Wisconsin.

Public Packet

19 of 79

IN WITNESS WHEREOF the parties have set their hands and seal on the date listed below.

ONEIDA NATION

CITY OF GREEN BAY

By:

Tehassi Tasi Hill, Chairman

Date:

Lisa Liggins, Secretary

Date:

Seal of the

Oneida Nation

By:

Eric Genrich, Mayor

Date:

Celestine Jeffreys, Clerk

Date:

Seal of the

City of Green Bay

Public Packet

20 of 79

Attachment A: Cooperative Agreement Points of Contact

City of Green Bay

Oneida Nation____________________

Generally for Cooperative Governance Agreement

Mayor Eric Genrich

Chairman Tehassi Hill

100 N. Jefferson Street

P.O. Box 365

Green Bay, WI 54301

Oneida, WI 54155

Email: Eric.Genrich@greenbaywi.gov

Email: thill7@oneidanation.org

Phone: (920) 448-3005

Phone: (920) 869-2214

Section 3: Law Enforcement Mutual Aid

Andrew Smith

Eric Boulanger

Chief of Police

307 S. Adams Street

2783 Freedom Road

Green Bay, WI 54301

Oneida, WI 54155

Email: Andrew.Smith@greenbaywi.gov

Email: eboulan1@oneidanation.org

Phone: (920) 448-3234

Phone: (920) 869-2239

Section 4: Intergovernmental Cooperation

Celestine Jeffreys

Melinda J. Danforth

City Clerk

Director of Intergovernmental Affairs

100 N. Jefferson Street

P.O. Box 365

Green Bay, WI 54301

Oneida, WI 54155

Email: celestine.jeffreys@greenbaywi.gov

Email: mdanforj@oneidanation.org

Phone: (920) 448-3010

Phone: (920) 869-4022

Section 6: Neighborhood Land Use

Cheryl Renier-Wigg

Troy Parr

Interim Development Director

Community Economic Development

100 N. Jefferson Street

Director/Zoning Administrator

Green Bay, WI 54301

P.O. Box 365

Email: Cheryl.Renier-Wigg@greenbaywi.gov

Oneida, WI 54155

Phone: (920) 448-3412

Email: tparr@oneidanation.org

Phone: (920) 869-4529

Section 8: Compensation

Cooperative Governance Team

Paul Neumeyer, Zoning Administrator

100 N. Jefferson St., 6th Floor

Green Bay, WI 54301

Email: Paul.Neumeyer@greenbaywi.gov

Phone: 920-448-3405

Troy Parr, Community/Economic Development

Director/Zoning Administrator

P.O. Box 365

Oneida, WI 54155

Email: tparr@oneidanation.org

Phone: (920) 869-4529

Public Packet

21 of 79

Dan Ditscheit

Parks Director

100 N. Jefferson Street

Green Bay, WI 54301

Email: Dan.Ditscheit@greenbaywi.gov

Phone: (920) 448-3365

Patrick Pelky

Land, Environmental Health & Safety Director

P.O. Box 365

Oneida, WI 54115

Email: ppelkly@oneidanation.org

Phone: (920) 869-1600

Steve Grenier

Director of Public Works

100 N. Jefferson Street

Green Bay, WI 54301

Email: steven.grenier@greenbaywi.gov

Phone: (920) 448-3535

Jacque Boyle, Director of Public Works

& Comprehensive Housing Divisions

P.O. Box 365

Oneida, WI 54155

Email: jboyle@oneidanation.org

Phone: (920) 869-1059

Payment Submitted to:

City of Green Bay

Diana Ellenbecker, Finance Director

100 N. Jefferson, 1st floor

Green Bay, WI 54301

Email: Diana.Ellenbecker@greenbaywi.gov

Invoice Submitted to:

Oneida Nation

Attention: Tribal Secretary

P.O. Box 365

Oneida, WI 54155

Email: TribalSecretary@oneidanation.org

Additional Contacts:

Dan Ditscheit

Parks Director

100 N. Jefferson Street

Green Bay, WI 54301

Email: Dan.Ditscheit@greenbaywi.gov

Phone: (920) 448-3365

Land/Environmental Issues

Patrick Pelky

Land, Environmental Health & Safety Director

P.O. Box 365

Oneida, WI 54115

Email: ppelkly@oneidanation.org

Phone: (920) 869-1600

Steve Grenier

Director of Public Works

100 N. Jefferson Street

Green Bay, WI 54301

Email: steven.grenier@greenbaywi.gov

Phone: (920) 448-3535

Department of Public Works

Jacque Boyle, Director of Public Works

& Comprehensive Housing Divisions

P.O. Box 365

Oneida, WI 54155

Email: jboyle@oneidanation.org

Phone: (920) 869-1059

Public Packet

Diane Ellenbecker

Finance Director

100 N. Jefferson Street

Green Bay, WI 54301

Email: Diana.Ellenbecker@greenbaywi.gov

Phone: (920) 448-3025

22 of 79

Finance

Lawrence Barton

Chief Financial Officer

P.O. Box 365

Oneida, WI 54155

Email: lbarton@oneidanation.org

Phone: (920) 869-4491

Public Packet

ATTACHMENT B

23 of 79

LAW ENFORCEMENT RESPONSE AND MUTUAL ASSISTANCE AGREEMENT

BETWEEN

ONEIDA NATION

AND

CITY OF GREEN BAY

THIS AGREEMENT (“Agreement”), by and between the ONEIDA NATION (the

“Nation”), a federally recognized treaty tribe organized under the laws of the United States,

and the CITY OF GREEN BAY (the “City”), a municipal government organized under the

laws of the State of Wisconsin (each a “party” and collectively, the “parties”).

WITNESSETH:

WHEREAS, the Oneida Reservation was established pursuant to the 1838 Treaty

with the Oneida, 7 Stat. 566, and encompasses approximately 65,400 acres; and

WHEREAS, the boundaries of the Oneida Reservation and the City overlap, and

portions of the City are within the Oneida Reservation; and

WHEREAS, the Nation established the Oneida Police Department pursuant to tribal

and federal law in order to provide law enforcement services within the Oneida

Reservation; and

WHEREAS, the City established the Green Bay Police Department pursuant to State

law in order to provide law enforcement services within the City of Green Bay; and

WHEREAS, beginning in 1996, the Nation and City codified the cooperation and

collaboration of their two police departments in a mutual aid agreement; and

WHEREAS, the Oneida Police Department and Green Bay Police Department

continue to work collaboratively to prevent and deter crime, to provide assistance in

the form of trained personnel and/or equipment when requested by the other, and to

promote effective law enforcement for the benefit of the entire community; and

WHEREAS, the Nation and the City continue to have good law enforcement

relations and wish to reflect their spirit of cooperation and collaboration in an updated

mutual aid agreement that reflects their current practices; and

WHEREAS, the Nation and City believe such mutual aid agreement is to the benefit

of the entire community; and

WHEREAS, the General Tribal Council of the Nation is authorized to enter into this

Public Packet

ATTACHMENT B

24 of 79

Agreement pursuant to Art. IV., Sec. 1(a) of the Nation’s Constitution, and the

General Tribal Council has delegated this authority to the Oneida Business

Committee; and

WHEREAS, the City is authorized to enter into this Agreement pursuant to sections

66.0301(1) and (2) of the Wisconsin Statutes.

NOW THEREFORE BE IT RESOLVED, that the Nation and the City mutually agree on

the terms and conditions as follows:

AGREEMENT

DEFINITIONS.

“Arrest Related Death” means the death of any person who is: (1) detained

by law enforcement; (2) under arrest; (3) in the process of being arrested;

(4) en route to being incarcerated or detained.

“Deadly Force” means the intentional use of a firearm or other instrument that

creates a high probability of death or great bodily harm.

“Internal Investigation” means a formal investigation of an employee who

has become the subject of possible misconduct.

“Lead Investigator” means the person in charge of the investigation, who

plays a principal, guiding role.

“Officer Involved Death” shall be defined according to Wis. Stat. §

175.47(1)(c), or successor statute. Officer Involved Deaths include, but are

not limited to the use of deadly force (shooting or otherwise) and traffic

related fatalities.

“Officer Involved Injury” means any serious injury resulting from an

application of force.

“Primary law enforcement response” means the police department which

is responsible for providing the first law enforcement response or services

in a specific area.

“Secondary law enforcement response” means the police department

which is responsible for providing the secondary law enforcement response

or services in a specific area. Secondary response may occur when the

primary police department is unavailable, requests additional assistance, or

any other circumstance additional law enforcement response is appropriate.

“Requesting Department” is the police department that requests the

Responding Department to provide assistance with alternate or additional

Public Packet

ATTACHMENT B

25 of 79

law enforcement response or services.

“Responding Department” is the police department that responds to the

Requesting Department to provide assistance with alternate or additional

law enforcement response or services.

“Use of Force” means the application of physical techniques or tactics,

chemical agents or weapons to another person. It is not a use of force

when a person allows him/herself to be searched, escorted, handcuffed or

restrained.

TERM. This Agreement shall become effective upon execution of this Agreement

by both parties and shall remain in effect for the duration of the Cooperative

Governance Agreement Between the Oneida Nation and the City of Green Bay,

including renewals thereof.

PRIOR AGREEMENT. Upon the execution of this Agreement by both parties,

the Law Enforcement Mutual Aid Agreement Between the Oneida Nation in

Wisconsin and City of Green Bay executed October 16, 1996 is hereby terminated.

This Agreement supersedes all prior agreements between the parties pertaining to

mutual aid.

COMPLIANCE WITH WISCONSIN LAW. The parties recognize that Wis. Stat.

§ 165.92(2) authorizes tribal law enforcement officers to exercise the same powers to

enforce the laws of the State and to make arrests for violations of such laws that sheriffs

have, including powers granted to sheriffs under § 59.27 and 59.28 and under the

common law. The parties acknowledge that Wis. Stat. § 165.92(3m) requires the

Nation to pass a resolution waiving its right to sovereign immunity to the extent

necessary to allow the enforcement in the courts of this State of its liability or to

maintain an insurance policy covering any liabilities that may arise from the acts or

omissions of its tribal law enforcement officers before its officers can exercise such

powers. This Agreement is contingent on the Nation’s ongoing compliance with the

provisions of Wis. Stat. § 165.92(3m), or any statutory successor. In the event it is

determined that the Nation is not in compliance with Wis. Stat. § 165.92(3m), or any

statutory successor, the terms of this Agreement shall be suspended until compliance

is achieved by the Nation, which the Nation agrees to pursue diligently.

PURPOSE. The primary responsibility of the Oneida Police Department and

Green Bay Police Department is to provide law enforcement services and

protection to their community. This Agreement is intended to clarify each

Department’s areas of primary and secondary response, provide for mutual

assistance when requested, and provide for the provision of additional services

such as providing the Requesting Department with an independent law

enforcement agency to provide a criminal investigation into certain use of force

situations, certain officer-involved injuries, and officer-involved deaths.

OPERATIONAL PLANS AND PROTOCOLS. The Chiefs of the Oneida and

Green Bay Police Departments may jointly promulgate operational plans,

protocols or policies in order to implement the intent and purposes of this

Public Packet

ATTACHMENT B

26 of 79

Agreement. The provisions of such operational plans, protocols or policies shall

be consistent with the provisions of this Agreement.

LAW ENFORCEMENT RESPONSE IN OVERLAPPING JURISDICTION.

Grant of Authority and Scope.

Territorial Jurisdiction of the Oneida Police Department.

The Oneida Nation GIS Department maintains up-to-date maps

of the official Oneida Nation Reservation boundaries. The

Nation shall make such maps available to the City upon request.

Territorial Jurisdiction of the City of Green Bay Police

Department. The City of Green Bay GIS Division maintains

up-to-date maps of official City of Green Bay boundaries. The

City shall make such maps available to the Nation upon request.

Overlapping Territorial Jurisdiction. The Nation and the

City have overlapping territorial jurisdiction in the City of Green

Bay. A copy of a map depicting the overlapping territorial

jurisdiction is attached hereto as Appendix A.

Concurrent Jurisdiction. “Concurrent Jurisdiction” refers to

the sharing of or having equal authority within the same

jurisdictional boundaries by two or more law enforcement

entities. The Oneida Police Department and City of Green Bay

Police Department have concurrent jurisdiction over criminal

matters occurring in their overlapping territorial jurisdiction. It

is the policy of both Departments to provide assistance and

cooperation to one another when they are performing law

enforcement duties in their overlapping territorial jurisdiction.

Areas of Responsibility.

The Oneida Police Department will be responsible for providing

primary law enforcement response and services to the locations

and/or areas attached hereto as Appendix B, which may from

time to time be amended to reflect current response areas. The

City will be responsible for providing secondary law

enforcement response and services to the locations and/or areas

in Appendix B. The list of properties in Appendix B shall be

provided to the communication entity/system to be coded in the

communication system.

The Nation may update Appendix B by providing an updated

list of tribal properties the Oneida Police Department will

provide primary law enforcement response and services to. The

Green Bay Police department will be responsible to provide

Public Packet

ATTACHMENT B

27 of 79

primary law enforcement response and services to all other areas

within the City of Green Bay, including the parties’ overlapping

territorial jurisdiction. The parties agree to work together and

with any other communication entity/system in order to code

necessary properties to reflect the agreed upon law enforcement

response, provided however, that in the event of a conflict

between Appendix B and the coding in the communication

system, the law enforcement response shall be in accordance

with the coding in the communication system. Neither

Department has any responsibility to review Appendix B prior

to responding to a call, and may rely exclusively on the coding

in the communication system as the basis for their response.

Nothing in this Agreement shall be construed to prevent the officers

from each Department from performing community policing or

other self-initiated law enforcement activity, or otherwise assisting

one another, in the parties’ overlapping territorial jurisdiction.

The parties understand that any request for mutual assistance

beyond their territorial jurisdiction requires compliance with the

requirements in Wis. Stat. § 66.0313.

Handling of Calls.

Calls for assistance within the areas described above in Paragraph

7.B are the sole responsibility of the Department designated as

providing primary law enforcement response and services. If all

officers of the primary Department are busy or otherwise determine

that assistance is needed, the primary Department may make a

request for response to the secondary Department.

When the Department designated to provide secondary law

enforcement response and services responds to a call in lieu of the

primary Department, that secondary Department generally agrees

to handle the call in its entirety. This does not preclude the

Responding Department from seeking additional assistance from

the Requesting Department for follow-up work.

RESPONDING TO REQUESTS FOR ASSISTANCE.

Officers from one Department will assist any officer from the other

Department whenever such assistance is requested. Requests may be

made through any means available.

The Requesting Department shall retain jurisdiction over the call for

the entirety of its duration regardless of whether that Department would

have secondary or primary jurisdiction. Under no circumstances shall

Public Packet

ATTACHMENT B

28 of 79

either Department assert jurisdiction over a call for which it is the

Responding Department, and instead the parties agree to provide

support when responding unless the Requesting Department

specifically states to the highest ranking officer on the scene that

jurisdiction is being transferred to the Responding Department.

When requests for assistance are made, the officer will notify his/her

Communications Center as soon a reasonably possible, unless such

request for assistance was given by the Communications Center.

Officers are responsible for notifying their respective supervisors of

requests for assistance, based upon their departmental policies and

expectations.

If for some reason the officer is not able to respond to the request for

assistance from the Requesting Department, the Communications

Center will notify the Requesting Department immediately. As soon as

officers are free to respond from the Responding Department, the

officer or the Communications Center will notify the Requesting

Department and determine if assistance is still needed.

Refusal, insubordination, misconduct or any other non-professional

behavior from any officer from the Requesting or Responding Department

will be dealt with according to the rules and regulations of that officer's

Department.

AUTHORITY TO ISSUE MUNICIPAL AND TRIBAL ORDINANCE

CITATIONS. Should the Oneida Police Department and/or Green Bay Police

Departments agree to a grant of authority to authorize officers from the other

Department to enforce City and/or Tribal ordinances, this Agreement may be amended

or an addendum agreement may be entered into and incorporated herein as referenced

by such document.

10.

INVESTIGATIVE SERVICES. The Parties agree to provide additional

Investigative Services in accordance with Wis. Stat. § 66.0301 and § 175.47 and

in accordance with the provisions set forth herein.

Cooperation. The Requesting Department shall cooperate with the

Responding Department’s investigation.

Written Policy. The Requesting Department shall provide its written policy

regarding the investigation of officer-involved deaths as well as any other

pertinent policy to the Responding Department.

Required Investigators. When requested to provide a criminal investigation

for certain use-of-force situations, certain officer-involved injuries, and

officer-involved deaths, the Responding Department shall provide at least

Public Packet

ATTACHMENT B

29 of 79

two (2) investigators. The Responding Department shall designate one

investigator to serve as the lead investigator. No investigator or other staff

provided by the Responding Department shall be an employee of the

Requesting Department.

11.

Internal Investigations. The Requesting Department may assign up to two

(2) investigators to perform an internal investigation, so long as such

internal investigation does not interfere with the investigation being

performed by the Responding Department. Although the Requesting

Department may seek additional outside assistance to perform its internal

investigation, it may not request the Responding Department to assist with

the internal investigation.

Expeditious Investigation. The investigators performing the investigation

shall perform all functions of law enforcement, perform the investigation in

an expeditious manner, and shall provide a complete report to the District

Attorney of the county in which the use of force, officer-involved death, or

other incident occurred.

Release of Report. Records requests pertaining to the report shall be

processed in accordance with the Open Records law that applies to the

Department that receives the records request. The report shall be maintained

by the Responding Department in accordance with its standard policies and

practices.

Non-Exclusivity. Nothing herein shall be construed to create an exclusive

relationship between the parties. As such, the Requesting Department

involved in the use of force or officer-involved death has the authority and

discretion to request the services of another or additional outside

departments or agencies.

SUPERVISION AND COMPENSATION.

Oneida Police Department Officers acting pursuant to this Agreement

shall remain employees of the Nation and shall remain under the control

and supervision of the Nation and the Oneida Police Department.

Oneida Police Department Officers are not employees of the City of

Green Bay. The Nation shall remain responsible for its employees’

salaries, insurance, and civil liability. Each Oneida Police Department

Officer shall be deemed to be performing regular duties of the Oneida

Police Department while performing services for the City pursuant to

this Agreement. Oneida Police Department Officers shall not represent

themselves as Officers of the Green Bay Police Department.

Green Bay Police Department Officers acting pursuant to this

Agreement shall remain employees of the City and shall remain under

Public Packet

ATTACHMENT B

30 of 79

the control and supervision of the City and the Green Bay Police

Department. The City shall remain responsible for its employees’

salaries, insurance, and civil liability. Each Green Bay Police

Department Officer shall be deemed to be performing regular duties of

the Green Bay Police Department while performing services for the

Nation pursuant to this Agreement. Green Bay Police Department

Officers shall not represent themselves as Officers of the Oneida Police

Department.

12.

COSTS AND COMPENSATION.

The Nation shall assume responsibility for all costs incurred by the Oneida

Police Department and its Officers under this Agreement. The City shall

assume responsibility for all costs incurred by the Green Bay Police

Department and its Officers under this Agreement.

Should the Responding Department cause damage to the Requesting

Department’s equipment while such equipment is in the custody and control

of the Responding Department, normal wear and tear excepted, the

Responding Department shall repair or replace the Requesting Department’s

equipment as soon as practicable and at no cost to the Requesting

Department. Repairs shall be made by an entity so authorized by the

equipment manufacturer. If the equipment is damaged beyond repair, the

Requesting Department shall be entitled to an amount equal to the value of

the equipment immediately prior to the same being damaged beyond repair.

Such determination of value may be determined by an independent

appraisal.

Investigative Services.

Regular wages. The Responding Department shall not bill the

Requesting Department for any regular or “on duty” time spent on

the investigation or routine use of equipment.

Overtime wages. The Requesting Department is responsible for

payment of any overtime wages or non-routine expenses of the

Responding Department that are deemed necessary to perform the

requested investigation. The Responding Department’s command

staff shall be vested with the authority and discretion to authorize

overtime for responding staff and non-routine expenses as deemed

appropriate. However, the Responding Department’s command

staff shall be required to regularly communicate expenses related to

the investigation to the Requesting Department.

Public Packet

ATTACHMENT B

31 of 79

Evidence. The Requesting Department is responsible for reasonable

evidence storage fees for evidence collected in the investigation.

The Responding Department bears no financial liability for fees

associated with the keeping and/ or testing of evidence associated

with the investigation.

Other Costs. The Requesting Department is responsible for all

reasonable costs incurred from outside vendors while providing

investigative services, including but not limited to transcription fees.

13.

JOINT TRAINING AND COMMUNITY EVENTS. The Departments shall work

cooperatively to identify and attend joint training and community events which benefit

the Departments and/or the community.

14.

IMMUNITIES.

15.

The parties. Notwithstanding any other portions of this Agreement,

nothing contained herein is intended to preclude the parties and their

insurers from asserting the limitations, defenses, and immunities contained

within applicable law. To the extent indemnification is available and

enforceable, the parties or their insurers shall not be liable in indemnity,

contribution, or otherwise for an amount greater than the limits of liability

set forth in established law. The parties agree to maintain appropriate

liability insurance policies.

Oneida Police Department. With the exception of those noted in Sec. 4,

all immunities from liability, and exemptions from laws, ordinances, and

regulations, which Oneida Police Officers possess in their own jurisdiction

shall be effective in the City’s jurisdiction in which the Nation’s Officers

are providing assistance, unless otherwise prohibited by law. The

provisions of 25 U.S.C. § 5321, et seq., and/or 5361, et seq., and the

Federal Tort Claims Act apply to acts and omissions by Oneida Police

Department Officers.

Green Bay Police Department. Nothing contained herein is intended to

preclude the Green Bay Police Department or its Insurers from asserting

the limitations, defenses, and immunities contained within Wis. Stats. §

345.05 and 893.80 any other applicable provision of law.

INDEMNIFICATION.

General Indemnification. Except as otherwise provided for in

Paragraph 15.B herein, each party is legally responsible for the acts or

omissions of its own employees, agents, or assigns with respect to their

activities and performance under this Agreement. The Nation shall

Public Packet

ATTACHMENT B

32 of 79

protect and defend, and indemnify and hold harmless the City, City’s

Police Chief, the Green Bay Police Department and their respective

employees, agents, or officers, from any and all claims, judgments, or

liabilities arising from the acts or omissions of Oneida Police

Department Officers. The City shall protect and defend, and indemnify

and hold harmless the Nation, Nation’s Police Chief, the Oneida Police

Department and their respective employees, agents, or officers, from

any and all claims, judgments, or liabilities arising from the acts or

omissions of Green Bay Police Department Officers. The parties shall

be responsible for any and all liability arising from the acts or omissions

of their own officers, to the extent provided by law. Under no

circumstances shall a party be liable for acts or omissions of the officers

or employees of the other party.

Indemnification for Investigative Services. The Requesting Department

shall hold harmless, defend and indemnify the Responding Department from

and against any and all claims, damages, liabilities and expenses of any type

whatsoever, including reasonable attorney’s fees, arising out of services

provided pursuant to Paragraph 10 of this Agreement whether resulting from

property damage, bodily injury or death, or personal injury, except to the

extent that such claims, damages, liabilities and expenses arise from the

Responding Department’s intentional tort, malicious act or willful act.

These obligations shall survive the termination of the Agreement.

16.

DISPUTE RESOLUTION. The Dispute Resolution provision of the Cooperative

Governance Agreement Between the Oneida Nation and the City of Green Bay

shall apply to this Agreement. The Police Chief of either Department may initiate

dispute resolution pursuant to this Agreement by following the Dispute Resolution

process in accordance with the Cooperative Governance Agreement Between the

Oneida Nation and the City of Green Bay.

17.

ENTIRE AGREEMENT. This Agreement and any attachments herein referenced

contains the entire agreement between the parties on the subject of law

enforcement mutual aid.

18.

AMENDMENT. Either party may propose amendments to this Agreement at any

time. No amendment or modification of this Agreement will be effective unless the

amendment or modification is reduced to writing and agreed to and executed by both

parties. The parties may agree to non-binding mediation for disputes regarding

proposed amendments, but such disputes shall not be otherwise be subject to dispute

resolution or arbitration.

19.

ASSIGNMENT. Neither this Agreement nor the provisions herein may be assigned

without the written consent of both parties.

Public Packet

ATTACHMENT B

33 of 79

20.

TERMINATION. This Agreement may only be terminated upon the termination

of the Cooperative Governance Agreement Between the Oneida Nation and the

City of Green Bay.

21.

NOTICE. Notice provided under this Agreement will be in writing and must be

sent by Certified Mail, Return Receipt Requested, to the parties at the following

addresses, unless otherwise stated in this Agreement:

ONEIDA NATION

Police Chief

Oneida Police Department

P.O. Box 365

Oneida, Wisconsin 54155

22.

CITY OF GREEN BAY

Police Chief

Green Bay Police Department

307 S. Adams Street

Green Bay, Wisconsin 54301

SEVERABILITY. If any clause, provision or section of this Agreement is ruled

invalid or unenforceable by any court of competent jurisdiction, such holding will

not invalidate or render unenforceable any of the remaining clauses, provisions or

sections of this Agreement.

[Remainder of page intentionally left blank.]

Public Packet

ATTACHMENT B

34 of 79

IN WITNESS WHEREOF the parties have set their hands and seal on the date(s) below listed.

ONEIDA NATION

CITY OF GREEN BAY

By:

Tehassi Tasi Hill, Chairman

Date:

Lisa Liggins, Secretary

Date:

Eric H. Boulanger, Chief of Police

Date:

Seal of the

Oneida Nation

By:

Eric Genrich, Mayor

Date:

Celestine Jeffreys, City Clerk

Date:

Andrew Smith, Chief of Police

Date:

Seal of the

City of Green Bay

Public Packet

ATTACHMENT B

35 of 79

Appendix A

ONEIDA RESERVATION

MUNICIPALITY and ROAD MAP

OLD

TRIAN GLE DR

)

LINSMEYER RD

N. OVERLAND RD.

WEST POINT RD.

RICE RD.

172

)

FLORIST DR.

AUSTIN STRAUBEL

AIRPORT

GOVERNMENT

RANCH RD

)

WEST ADAM DR.

FERNANDO DR

)

TOWN RD.

S. OVERLAND RD

FISH CREEK ROAD

MOORE RD.

VINE RD.

POPLAR RD.

ROAD

VAN BOXTEL RD.

OLD SEYMOUR RD.

CULBERTSON RD

)

VANS RD

ORLANDO DR

McCABE RD.

SECTION LINE RD.

ADVENT RD.

CYRUS RD.

NATHAN RD.

BAIN RD.

RAY RD

WEST MASON ST.

PEARL ST

)

S. PINETREE RD

C.T.H. Y

ROAD

SMITH

)

HENN RD

CTY LINE ROAD

COOPER RD.

OLSON RD

TROUT CREEK RD

PACKERLAND DR.

PLAINVIEW RD

SOUTH POINT RD

REFORMATORY RD.

HILLCREST DR.

N. PINETREE RD.

SUNLITE DR.

SHADY LANE

HANSON RD.

ALBERS

LUTHER DR

RUEDEN

BROWN COUNTY

)

Legend

Village of Ashwaubenon

City of Green Bay

Village of Hobart

Oneida Reservation

Village of Howard

Duck Creek

Town of Oneida

Road Centerlines

Town of Pittsfield

GEOGRAPHIC LAND INFORMATION SYSTEMS

N7332 Water Circle Place

Oneida, Wisconsin

(920) 869-1600

File: 11x17Munc-Rds.mxd

Municipalities

Date: Revised 04-27-10

Source: Photography April, 2014 - County Data

Coordinate System: Wisconsin State Plane, Central Zone

Lambert Projection, U.S. Foot

Horizontal Datum: NAD83

Vertical Datum: Nav88

Public Packet

ATTACHMENT B

36 of 79

Appendix B

Revised 2-8-2021

PARCEL

6H-759

6H-759-3

6H-761

6H-765-1

6H-765-2

6H-765-2-1

6H-765-3

6H-766-1

6H-1018-1

6H-1035

6H-1035-1

6H-1035-2

6H-1066-1

6H-1066-4

6H-1069-2

6H-1069-5

6H-1096-2

6H-1110-4-C

6h-1110-4-E

6H-1118

6H-1119

6H-1119-1

6H-1121

6H-1121-2

6H-1121-5

6H-1122-3

6H-1122-9

6H-1125-1

6H-1125-5

6H-1127-10

6H-1131-1

6H-1137-5

6H-1137-14

6H-1137-19

6H-1139

6H-1140-2

6H-1140-4

6H-1148

6H-1150-3

6H-1154-1-1

6H-1155

6H-1155-1

6H-1155-5

6H-1156-1-1

6H-1156-11

6H-1156-12

6H-1156-2

6H-1160-3

6H‑1166‑1‑A

LOCATION

3392 W MASON ST

3334 W MASON ST

3321 W MASON ST

W MASON ST

3294 W MASON ST

3249 W MASON ST

1050 PLEASANT LN

431 HILLCREST DR

315-324 COUNTRY CLUB RD

316-326 COUNTRY CLUB RD

302 COUNTRY CLUB RD

315 COUNTRY CLUB RD

2700 KLEE ST

2602 INDIAN HILL DR

2590 INDIAN HILL DR

2370 W MASON ST

1219-1221 HOBART DR

2424-2426 BELLWOOD LN

W MASON ST

2799 W MASON ST

2777 W MASON ST

WEST POINT RD

BROCOIN WY

WEST POINT RD

2726 WEST POINT RD

2612 WEST POINT RD

2686 WEST POINT RD

1435 PACKERLAND DR

2436 WEST POINT RD

2597 W. MASON ST/1111 PACKERLAND

2659 W. MASON (strip mall)

2701 W MASON ST

HILLCREST DR

926-928 GREEN RIDGE DR

1008-1010 GREENRIDGE DR

2860 W. MASON ST

1020 COUNTRY CLUB RD

2803 W MASON ST

1223 CRESTWOOD

2833 W MASON ST

2847 W MASON ST

1238 CRESTWOOD DR

1110 CRESTWOOD DR

1118 CRESTWOOD DR

1146 CRESTWOOD DR

3051 W. MASON

2892 WEST POINT RD

Page 1 of 6

COMMENT(S)

Residential home

Log homes

Memorial Wall

Veteran's Park

Residential home

Oneida One Stop at Hinkle & W. Mason

Rental

Chief Hill Dr homes

3 sisters park

Rental

Chief Hill Dr homes

Chief Hill & Swamp Rd homes

Chief Hill Dr homes

Onu-Sla Way homes

Residential home

Four Paths (f/k/a Grand Central)

Subway

Big Bear Media

DPW Garage

Rental

Residential home

Three Sisters Day Care

Residential home

Public Packet

ATTACHMENT B

PARCEL

6H-1166-2

6H-1168

6H-1168-2

6H-1168-10

6H-1182-1

6H-1183-4

6H-1184-1-A

6H-1184-3

6H-1194-B

6H-1206-1

6H-1219

6H-1219-6

6H-1223-2

6H-1223-D

6H-1224-3

6H-1224-8

6H-1226-1

6H-1227-2-2

6H-1227-8

6H-1228-2

6H-1237-2

6H-1252-2

6H-1264-1

6H-1264-2-2

6H-1264-2-A

6h-1267-10

6H-1267-13

6H-1268-1-1

6H-1269-7

6H-1270-1-2

6H-1270-1-3

6H-1430-K-12

6H-1487-A

6H-1487-B

6H-1491-2

6H-1494-4

6H-1497

6H-1500-3

6H-1500-4

6H-1501-1-D

6H-1501-2

6H-1502-5

6H-1503-1

6H-1507-5

6H-1508-M-28

6H-1508-M-12-1

6H-1508-M-48

6H-1529

6H-1554

6H-1547

6H-1548

37 of 79

LOCATION

1320 CRESTWOOD DR

FERNDALE DR

2845 FERNDALE DR

BROCOIN WY

3085 PAR CT

3089 W MASON ST

1235 HILLCREST DR

1143 HILLCREST DR

1509 HILLCREST

2190 SOUTH POINT RD

2426 OAKWOOD DR

2420 OAKWOOD

2535 WEST POINT RD

1520 EDGEHILL DR

2586 OAKWOOD DR

1821 PACKERLAND DR & 2582 OAKWOOD

2680 OAKWOOD DR

2742 HE-NIS-RA LN

2725 WEST POINT RD

2782 OAKWOOD DR

2576 HAZELWOOD LN

2795 HAZELWOOD LN

2449 WEST POINT RD

2442 OAKWOOD DR

2456 OAKWOOD

1503-1505 BEECH TREE DR

1502 BEECH TREE DR

2191-2193 WEST POINT TERRACE

2319 NINTH ST

1909 WOOD LN

1915 WOOD LN

2738 OAKWOOD DR

2571 OAKWOOD DR

2567 OAKWOOD DR

2532 HAZELWOOD LN

1915 BELMONT DR

2465 OAKWOOD DR

2415 SHADY OAK DR

2413 SHADY OAK DR

1924 WOOD LN

2420 SHADY OAK

2418 IRONWOOD

2420 HAZELWOOD LN

2484-2486 HAZELWOOD

1954 STRAWBERRY LN

2706 HAZELWOOD LN

1932 MULBERRY LN

2720-2722 KLEE ST

2713 KLEE ST

2666 OAKWOOD

2691 HE-NIS-RA LN

Page 2 of 6

COMMENT(S)

Residential home

Rona Lane homes

Residential home

Rental

Residential home

Rental

Residential home

Rental

Residential home

Rental

Residential home

Rental

Residential home

Rental

Residential home

Public Packet

ATTACHMENT B

PARCEL

6H-1571

6H-1580

6H-1595

6H-1601

6H-1606

6H-1608

6H-1628

6H-1633

6H-1658

6H-1679

6H-1680

6H-1687

6H-1721-2

6H-1722

6H-1722-1

6H-1723

6H-1726

6H-1732-1

6H-1746-3

6H-1769

6H-1785

6H-1788

6H-1790

6H-1791

6H-1792

6H-1794

6H-1797

6H-1799

6H-1801

6H-1802

6H-1803

6H-1804

6H-1805

6H-1806

6H-1807

6H-1811

6H-1812

6H-1813

6H-1815

6H-1881

6H-1904

6H-1973

6H-1986

6H-1987

6H-2029

6H-2034

6H-2036

6H-2042

6H-2069

6H-2090

6H-2091

38 of 79

LOCATION

2105 NINTH ST

1438 SPRINGDALE LN

2041 RED OAK DR

2159 RED OAK DR

2258 RED OAK DR

1508 ACORN DR

2155 HUTSON RD

2035 LARSEN RD

2201 SHAMROCK LN

1330 HOBART DR

1338 HOBART DR

2291 NINTH ST

701-703 PACKERLAND DR

2522 W. MASON ST

2514 W MASON ST

2550 W. MASON ST

909 PACKERLAND DR

501 PACKERLAND DR

2630 W MASON ST

2642 FORESTVILLE DR

1406 BROCOIN WY

1330 BROCOIN WY

1310 BROCOIN WY

1309 BROCOIN WY

1313 BROCOIN WY

1327 BROCOIN WY

1401 BROCOIN WY

2716 RAMADA LN

1338 BAUMGART RD

1334 BAUMGART RD

1328 BAUMGART RD

1320 BAUMGART RD

1314 BAUMGART RD

1308 BAUMGART RD

1309 BAUMGART

1335 BAUMGART RD

1339 BAUMGART RD

1401 BAUMGART RD

1416 HOBART DR

2464 HE-NIS-RA LN

2498 VALIANT LN

2580 ZAK LN

1936 EVERBREEZE RD

1946 EVERBREEZE RD

2502 LAREDO LN

2534 LAREDO LN

2546 LAREDO LN

1200 ELDORA LN

2567-2569 TROJAN DR

2050 OAKWOOD

2070 OAKWOOD

COMMENT(S)

Residential home

former Accounting Bldg.

Macco Flooring

Residential home

Rental

Casino

Bay Bank

Skenandoah Complex

Oneida One Stop/ Market

Judicial

Residential home

Rental

Residential home

Page 3 of 6

Public Packet

ATTACHMENT B

PARCEL

6H-2135

6H-2156

6H-2165

6H-2195

6H-2196

6H-2182

6H-2189

6H-2206

6H-2208

6H-2209

6H-2236

6H-2244

6H-2254

6H-2255

6H-2266

6H-2269

6H-2275

6H-2334

6H-2340

6H-2354

6H-2363

6H-2398

6H-2451

6H-2453

6H-2469

6H-2472

6H-2606

6H-2621

6H-2627

6H-2654

6H-2657

6H-2662

6H-2666

6H-2668

6H-2670

6H-2707

6H-2711

6H-2717

6H-2726

6H-2728

6H-2729

6H-2730

6H-2734

6H-2737

6H-2739

6H-2740

6H-2767

6H-2770

6H-2773

6H-2774

6H-2776

39 of 79

LOCATION

1615 ST. CHROSTOPHER CT

2536 CHERRYWOOD LN

2577 CHERRYWOOD

2572 ZAK LN

2564 ZAK LN

2440 W MASON ST

2550-2552 HAZELWOOD LN

1801-1803 PACKERLAND DR

1715-1717 PACKERLAND DR

1705-1707 PACKLERLAND DR

2564 ST. STEVEN CT

2566 HE-NIS-RA LN

2776 CANDLE LN

1949 CANDLE WAY

2778 CANDLE CT

1956 CANCLE WAY

1967 SOUTH POINT RD

220 SEMINOLE LN

2660 SHAG BARK LN

2664 SEQUOIA LN

1233 CRESTWOOD DR

2443 PARKWOOD

2523-2525 DUNBAR LN

1965-1967 BELMONT DR

2046-2048 PACKERLAND DR

2024-2026 PACKERLAND DR

715 GREEN RIDGE DR

820 GREEN RIDGE DR

729 ROLLING GREEN

3110 EAGLE TERRACE

3131 EAGLE TERRACE

540 ROLLING GREEN DR

604 ROLLING GREEN DR

3144 DAYS END

716 ROLLING GREEN DR

2069-2071 PACKERLAND DR

3095 SANDIA DR

1327 OASIS DR

3076 FERNDALE DR

3068 FERNDALE DR

3064 FERNDALE DR

3060 FERNDALE DR

3032 FERNDALE DR

13509 MIRAGE

1340 MIRAGE DR

1330 MIRAGE DR

1328-1330 LACOUNT RD

1334-1336 LA COUNT RD

1405 MIRAGE DR

1415 MIRAGE DR

1410-1412 LA COUNT RD

Page 4 of 6

COMMENT(S)

Residential home

Subway in Walmart

Rental

Residential home

Rental

Residential home

Rental

Residential home

Rental

Residential home

Rental

Public Packet

ATTACHMENT B

PARCEL

6H-2781

6H-2784

6H-2786

6H-2790

6H-2793

6H-2819

6H-2831

6H-2834

6H-2856

6H-2871

6H-2874

6H-2928

6H-2928-1

6H-2929-1

6H-2935

6H-2945

6H-2947

6H-2948

6H-2949

6H-2951

6H-2954

6H-2964

6H-2967

6H-2968

6H-2970

6H-2973

6H-2982

6H-2983

6H-2984

6H-2986

6H-2991

6H-2994

6H-3006

6H-3016

6H-3018

6H-3027

6H-3048

6H-3077

6H-3079

6H-3084

6H-3115

6H-3118

6H-3154

6H-3167

6H-3221

6H-3256

6H-3240

6H-3259

6H-3261

6H-3274

6H-3323

40 of 79

LOCATION

3033 FERNDALE DR

3045 FERNDALE DR

3053 FERNDALE DR

3081 FERNDALE DR

3097 FERNDALE DR

3020 WEST POINT RD

2966 FERNDALE DR

1399 SANDHILL DR

2949 FERNDALE DR

3033 FERNDALE DR

1405 DANCING DUNES DR

1329 LA COUNT RD

1331 LA COUNT RD

1319 LA COUNT RD

2980-2982 SUNSHINE PL

1231-1233 SHEPHERDS PATH

3034-3036 CACTUS CT

1205 SHEPHERDS PATH

1197 SHEPHERDS PATH

1145 SHEPHERDS PATH

3036 SUMMER PL

3065 SUMMER PL

1146 SHEPHERDS PATH

3062 SUNDANCE AV

3072 SUNDANCE AV

3090 SUNDANCE

1206 SHEPHERDS PATH

1210 SHEPHERDS PATH

3062 CACTUS AV

3070 CACTUS AV

3095 CACTUS AV

3075 CACTUS AV

1235-1237 WESTERN MEADOWS DR

1230 WESTERN MEADOWS DR

3116 SANDIA DR

1145 SANDSTONE PL

2480 N. CHICKADEE

996 SQUARE TERRACE

1008-1010 SQUARE TERRACE

3049-3051 WEDGE CT

3018 SUMMER PL

3080 PAR CT

2151 KING JAMES

2760 INDEPENDENCE DR

1700 KALAHARI DR

2690 CORMIER RD

1520 DANCING DUNES DR

2175 WOODCREST DR

2163 WOODCREST DR

2160 WOODCREST DR

2750 YORKTOWN

Page 5 of 6

COMMENT(S)

Residential home

Rental

(3036) Rental & (3034) ownership

Residential home

Rental

Residential home

rental

Rental

Residential home

Public Packet

ATTACHMENT B

PARCEL

6H-3331

6H-3332

6H-3338

6H-3416

6H-3477

6H-3523

6H-3524

6H-3527

6H-3542

6H-3369

6H-3550

6H-3597

6H-3641

6H-3644

6H-3645

6H-3687

6H-3698

6H-3655

6H-3769

6H-3785

6H-3843

6H-3968

6H-3969

6H-4050

6H-4088

6H-4119

6H-4142

6H-4155

41 of 79

LOCATION

2069 CANDLE WAY

2059 CANDLE WAY

2011 CANDLE WAY

2119-2121 PACKERLAND

2179 SOUTH POINT RD

3105 SANDIA DR

3107 SANDIA DR

1315 SANDSTONE DR

3140 SUNLAND CI

2924 SANDIA DR

2946-2948 SORENSON DR

2995 SORENSON

1199 LA COUNT RD

1205 LA COUNT RD

2880 ANTLER TRAIL

2960 FLEETWOOD

2081 SUGAR MAPLE CT

2970 SORENSON DR

2488 SHADY OAK DR

610 NIGHT CT

1820 NOBLEMEN CT

1818 NOBLEMEN CT

2075 WINTERCRESS

2106 SUGAR MAPLE CT

2855 OGDAN WOOD SR

3157 WEST POINT RD

3011 WEST POINT RD

COMMENT(S)

Residential home

Individual Trust

Residential home

Page 6 of 6

Public Packet

From:

Sent:

To:

Subject:

Attachments:

42 of 79

Melinda J. Danforth

Thursday, February 25, 2021 8:37 AM

BC_Agenda_Requests@oneidanation.org

FW: CGA Term

Oneida Nation_COGB_Cooperative Governance Agreement REDLINED 2.24.21.docx

I would like to include this in the BC packet as a counterproposal from the City of Green Bay. The only

change is reducing the term of the agreement from 15 years to 10 years with two automatic renewals

(the renewal language hasn’t changed).

Melinda J. Danforth, Director

Intergovernmental Affairs

Oneida Nation

P.O. Box 365

Oneida, WI 54155

Phone: (920) 869‐4022

Cell:

(920) 562‐0290

Fax:

(920) 869‐4040

Email: mdanforj@oneidanation.org

Public Packet

43 of 79

COOPERATIVE GOVERNANCE AGREEMENT

BETWEEN

THE ONEIDA NATION

AND

THE CITY OF GREEN BAY

THIS AGREEMENT, by and between the ONEIDA NATION (the “Nation”), a

federally recognized treaty tribe organized under the laws of the United States, and the CITY OF

GREEN BAY (the “City”), a municipal government organized under the laws of the State of

Wisconsin (each a “party” and collectively, the “parties”),

WITNESSETH:

WHEREAS, the Nation and the City have been good neighbors and desire the spirit of

cooperation between the two governments to continue; and

WHEREAS, the Oneida Reservation was established pursuant to the 1838 Treaty with the

Oneida, 7 Stat. 566, and encompasses approximately 65,400 acres; and

WHEREAS, the boundaries of the Oneida Reservation and the boundaries of the City overlap,

and portions of the City are within the Oneida Reservation; and

WHEREAS, the Nation owns fee title to parcels of land located within the City, and the Nation

may apply to have such parcels taken into trust by the United States; and

WHEREAS, the United States holds title to parcels of land within the City in trust for the

benefit of the Nation; and

WHEREAS, both the Nation and the City provide services which benefit properties, residents,

and the community within the Oneida Reservation and the City; and

WHEREAS, the services provided by the Nation and the City complement each other and are

not intended to create duplication of services; and

WHEREAS, the City derives revenue from the taxation of real property, among other things;

and

WHEREAS, lands held in trust by the United States for the benefit of the Nation are exempt

from taxation under federal law due to the Nation’s status as a sovereign; and

WHEREAS, the Nation and the City enjoy a relationship of mutual trust and respect; and

Public Packet

44 of 79

WHEREAS, both the Nation and the City exercise jurisdiction and provide governmental

services within their respective territories, and both the Nation and the City

recognize the importance of collaborative efforts to enhance governmental

services and to mitigate costs associated with providing governmental services;

and

WHEREAS, the officers and officials of the City have a duty to uphold the laws of the United

States and the State of Wisconsin, including complying with the terms of the 1838

Treaty; and

WHEREAS, it is mutually beneficial to the parties to put their understandings in writing;

The Nation and the City hereby agree to the following terms and conditions:

DEFINITIONS. For purposes of this Agreement, the following terms shall have the

following meanings:

a. “Class III Gaming” has the meaning ascribed to it in the Indian Gaming Regulatory

Act, 25 U.S.C. § 2703(8).

b. “Gaming Compact” means the agreement entered into by the Nation and the State of

Wisconsin pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq.,

for the conduct of Class III Gaming on the Nation’s Indian lands within the State of

Wisconsin, and all amendments to such agreement.

c. “Oneida Reservation” or “Reservation” means the land set aside for the use and

occupancy of the Nation and its Members pursuant to the 1838 Treaty with the

Oneida, 7 Stat. 566, encompassing approximately 65,400 acres, and any lands added

thereto pursuant to federal law.

d. “Tribal Fee Land” means land to which the Nation holds title in fee simple.

e. “Tribal Land” means Tribal Fee Land on the Reservation and Tribal Trust Land.

f. “Tribal Member” or “Member” means a duly enrolled member of the Nation.

g. “Tribal Trust Land” means land to which the United States holds title for the benefit

of the Nation pursuant to federal law.

“Year” means the fiscal year beginning on October 1st of a given calendar year and

ending on September 30th of the following calendar year.

TERM. The term of this Agreement shall be fifteen ten (150) years, commencing on the

date the Agreement is executed by both parties, and ending on December 31, 20350, and

shall automatically renew for successive five (5) year terms.

Public Packet

45 of 79