Oneida Business Committee (2020)

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Public Packet

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Oneida Business Committee

Executive Session

8:30 AM Tuesday, April 7, 2020

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, April 08, 2020

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

All regular, special, and emergency Business Committee meetings in the months of March, April

and May will be closed to the public. This is preventative measure as a result of the COVID-19

pandemic. Audio recordings are made of all meetings of the Business Committee. Video

recordings are made of regular meetings of the Business Committee. All recordings are available

on the Nation's website at: https://oneida-nsn.gov/government/business-committee/recordings/

If you have comments regarding open session items, please submit them to

TribalSecretary@oneidanation.org no later than close of business the day prior to a Business

Committee meeting. Comments will be noticed to the Business Committee.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

MINUTES

Approve the March 5, 2020, special Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

Approve the March 11, 2020, regular Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

Approve the March 17, 2020, emergency Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

Oneida Business Committee

Regular Meeting Agenda

Page 1 of 4

April 08, 2020

Public Packet

2 of 236

RESOLUTIONS

Adopt resolution entitled Emergency Amendments to the General Tribal Council

Meeting Stipend Payment Policy

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Placing Listed Boards, Committees and Commissions in

Temporary Closure Status

Sponsor: Lisa Summers, Secretary

Adopt five (5) resolutions regarding Financial Resources Protection

Sponsor: Trish King, Treasurer

1. Tier V Budget Contingency Declared for Remainder of Fiscal Year 2020

2. General Membership and Elder (age 62+) Per Capita Payment for Fiscal Year

2020 Halted in Light of Public Health Emergency and Impact on Finances

3. Deferring Payments to OLIPP and Elder Endowments

4. Halting General Tribal Council Meeting Stipend Payments for FY2020 and

FY2021

5. Reducing the General Tribal Council Higher Education Scholarship Payments for

FY2020 and FY2021

Adopt resolution entitled Amendments to the Vehicle Driver Certification and Fleet

Management Law

Sponsor: David P. Jordan, Councilman

Approve two (2) actions regarding the resolution entitled Amendments to the Indian

Preference in Contracting Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Indian Preference in Contracting Law Fine and Penalty

Schedule

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Declaring Oneida ESC Group LLC as the Nation's General

Contractor

Sponsor: Lisa Summers, Secretary

Enter the e-poll results into the record regarding BC resolution # 03-26-20-A

Extension of March 12th Declaration of Public Health State of Emergency

Sponsor: Lisa Summers, Secretary

Oneida Business Committee

Regular Meeting Agenda

Page 2 of 4

April 08, 2020

Public Packet

VI.

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STANDING COMMITTEES

FINANCE COMMITTEE

LEGISLATIVE OPERATING COMMITTEE

Accept the March 4, 2020, regular Legislative Operating Committee meeting

minutes

Sponsor: David P. Jordan, Councilman

Accept the March 18, 2020, regular Legislative Operating Committee meeting

minutes

Sponsor: David P. Jordan, Councilman

QUALITY OF LIFE COMMITTEE

VII.

Accept the March 2, 2020, regular Finance Committee meeting minutes

Sponsor: Trish King, Treasurer

Accept the January 23, 2020, regular Quality of Life Committe meeting

minutes

Sponsor: Brandon Stevens, Vice-Chairman

UNFINISHED BUSINESS

Table the update and progress report regarding the implementation procedures for

BC resolution # 03-11-20-C

Sponsor: Lisa Summers, Secretary

Excerpt from March 11, 2020: (1) Motion by Jennifer Webster to adopt resolution 03-1120-C Interpretation of General Tribal Council January 20, 2020 Economic Development

and Fiscal Strategy Motion and Setting Implementation Procedures, seconded by David P.

Jordan. Motion carried; and (2) Motion by Lisa Summers to direct the General Manager to

provide the Oneida Business Committee with an update within two (2) weeks on the

Community and Economic Development Division Director's progress on the development

of the required standard operating procedures and direct Finance to provide Oneida

Business Committee a progress report within two (2) weeks on any changes that need to

be done on their part of the process, seconded by Jennifer Webster. Motion carried.

VIII.

NEW BUSINESS

Approve two (2) actions regarding the 2020 Annual Meeting of the Stockholders of

The Native American Bancorporation Co.

Sponsor: Trish King, Treasurer

Approve two (2) actions regarding the draft Continuing Resolution for FY-2021

Sponsor: Trish King, Treasurer

Enter the e-poll results into the record regarding the U.S. Health and Human

Services Secretary’s Tribal Advisory Committee nomination

Sponsor: Lisa Summers, Secretary

Oneida Business Committee

Regular Meeting Agenda

Page 3 of 4

April 08, 2020

Public Packet

IX.

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EXECUTIVE SESSION

UNFINISHED BUSINESS

Table the Joint Marketing Standard Operating Procedures regarding Tickets &

Merchandise Distribution

Sponsor: Lisa Summers, Secretary

Excerpt from March 11, 2020: Motion by David P. Jordan to defer the Joint

Marketing Standard Operating Procedures regarding Tickets & Merchandise

Distribution to the April 8, 2020, regular Business Committee meeting agenda,

seconded by Kirby Metoxen. Motion carried.

Excerpt from February 26, 2020: (1) Motion by Jennifer Webster to direct Joint

Marketing to submit all their Standard Operating Procedures regarding Tickets &

Merchandise Distribution to the March 11, 2020, regular Business Committee

meeting agenda, seconded by Brandon Stevens. Motion carried; and (2) Motion by

Jennifer Webster to direct Joint Marketing to ensure a Standard Operating

Procedure is in place regarding how excess merchandise will be managed an bring

back within thirty (30) days, seconded by Ernie Stevens III. Motion carried.

Excerpt from January 22, 2020: Motion by David P. Jordan to direct the Chairman’s

Office to complete the requested follow-up and bring back an update to the

February 26, 2020, regular Business Committee meeting agenda, seconded by

Kirby Metoxen. Motion carried.

Approve the updated reorganization proposal and Gantt chart for Oneida

Retail Enterprise dated April 1, 2020

Sponsor: Michele Doxtator, Area Manager/Retail Profits

Excerpt from April 24, 2019: Motion by David P. Jordan to approve the

reorganization proposal for Oneida Retail Enterprise, noting an implementation plan

will be brought back when ready, seconded by Kirby Metoxen. Motion carried.

ADJOURN

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

Open Meetings law (§ 107.14.)

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

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

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

or (800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

Page 4 of 4

April 08, 2020

Public Packet

5 of 236

Approve the March 5, 2020, special Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

04/06/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☒ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

Public Packet

6 of 236

DRAFT

Oneida Business Committee

Special Meeting

1:30 PM Thursday, March 05, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

SPECIAL MEETING

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

Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Jennifer Webster;

Not Present: Ernie Stevens III;

Arrived at: n/a

Others present: Jo Anne House, Lisa Liggins, Katrina Mungo;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 1:30 p.m.

For the record: Councilman Ernie Stevens III will be late.

II.

OPENING (00:00:06)

Opening provided by Councilman Kirby Metoxen.

III.

ADOPT THE AGENDA (00:00:31)

Motion by Lisa Summers to adopt the agenda as presented, seconded by Kirby Metoxen. Motion

carried:

Ayes:

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

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

IV.

GENERAL TRIBAL COUNCIL

Accept the statement from the Community Development Planning Committee Petitioner Nancy Dallas (00:01:04)

Sponsor: Ernie Stevens III, Councilman

Motion by Daniel Guzman King to delete the statement from the Community Development Planning

Committee - Petitioner Nancy Dallas, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

Oneida Business Committee

Special Meeting Minutes

Page 1 of 2

March 05, 2020

Public Packet

7 of 236

DRAFT

Accept the statement from the Oneida Land Commission - Petitioner Nancy Dallas

(00:04:57)

Sponsor: Rae Skenandore, Chair/Oneida Land Commission

Motion by Lisa Summers to accept the statement from the Oneida Land Commission - Petitioner

Nancy Dallas, seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

Approve the notice and the packet for the April 6, 2020, tentatively scheduled

special GTC meeting (00:06:30)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to add the COVID-19 notice drafted by Chief Counsel in two (2) places [1) on

the notice; and 2) on the cover of the packet], seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

Motion by Lisa Summers to approve the Debraska correspondence [page 13 of the packet] to go out

as a seperate mailing instead of being in the packet, seconded by David P. Jordan. Motion carried:

Ayes:

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

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

Motion by Lisa Summers to approve the notice and the packet for the April 6, 2020, tentatively

scheduled special GTC meeting with five (5) noted changes [1) add notice on page 8; 2) add notice on

page 9; 3) delete page 13; 4) insert the OBC Recommendation for Sustain Oneida after page 93; and

5) delete page 24], seconded by David P. Jordan. Motion carried:

Ayes:

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

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

ADJOURN (00:13:09)

Motion by Lisa Summers to adjourn at 1:43 p.m., seconded by David P. Jordan. Motion carried:

Ayes:

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

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Special Meeting Minutes

Page 2 of 2

March 05, 2020

Public Packet

8 of 236

Approve the March 11, 2020, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

04/08/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☒ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

Public Packet

9 of 236

DRAFT

Oneida Business Committee

Executive Session

8:30 AM Tuesday, March 10, 2020

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, March 11, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EXECUTIVE SESSION

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

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

Not Present: Councilman Ernie Stevens III;

Arrived at: Vice-Chairman Brandon Stevens at 8:37 a.m.;

Others present: Jo Anne House, Ralinda Ninham-Lamberies, Debbie Thundercloud, Lisa Liggins,

Geraldine Danforth, Michelle Myers, Ravinder Vir, Debbie Danforth;

REGULAR MEETING

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

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

Jennifer Webster;

Not Present: n/a

Arrived at: n/a

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

Bonnie Pigman, Clorissa Santiago, Celestine Jeffreys, Keith Doxtator, Eric McLester;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:30 a.m.

II.

OPENING (00:00:12)

Opening provided by Councilman Kirby Metoxen.

III.

ADOPT THE AGENDA (00:00:40)

Motion by David P. Jordan to adopt the agenda with two (2) changes [1) delete item XII.C.2. Approve

the updated reorganization proposal and Gantt chart for Oneida Retail Enterprise; and 2) add item

XII.D.3. Approve one (1) new enrollment], seconded by Jennifer Webster. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Jennifer Webster

Abstained:

Lisa Summers

Oneida Business Committee

Regular Meeting Minutes

Page 1 of 10

March 11, 2020

Public Packet

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DRAFT

IV.

MINUTES

Approve the February 26, 2020, regular Business Committee meeting minutes

(00:01:34)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the February 26, 2020, regular Business Committee meeting

minutes, seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Abstained:

Kirby Metoxen

RESOLUTIONS

Adopt resolution entitled Authorizing the use of Self-Governance Carryover Funds

to Purchase A Walk-Through Metal Detector for the Judiciary (00:01:57)

Sponsor: Jennifer Webster, Councilwoman

Motion by Lisa Summers to adopt resolution 03-11-20-A Authorizing the use of Self-Governance

Carryover Funds to Purchase A Walk-Through Metal Detector for the Judiciary, seconded by Kirby

Metoxen. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Adopt resolution entitled Boards, Committees, and Commissions Law emergency

amendments (00:04:01)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Summers to adopt resolution 03-11-20-B Boards, Committees, and Commissions Law

emergency amendments, seconded by Brandon Stevens. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 2 of 10

March 11, 2020

Public Packet

11 of 236

DRAFT

Approve two (2) actions regarding the resolution entitled Interpretation of General

Tribal Council January 20, 2020 Economic Development and Fiscal Strategy

Motion and Setting Implementation Procedures (00:06:55)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to adopt resolution 03-11-20-C Interpretation of General Tribal Council

January 20, 2020 Economic Development and Fiscal Strategy Motion and Setting Implementation

Procedures, seconded by David P. Jordan. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Jennifer Webster

Abstained:

Lisa Summers

Motion by Lisa Summers to direct the General Manager to provide the Oneida Business Committee

with an update within two (2) weeks on the Community and Economic Development Division Director's

progress on the development of the required standard operating procedures and direct Finance to

provide Oneida Business Committee a progress report within two (2) weeks on any changes that need

to be done on their part of the process, seconded by Jennifer Webster. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

VI.

APPOINTMENTS

Determine next steps regarding one (1) vacancy - Oneida Personnel Commission

(00:09:38)

Sponsor: Lisa Summers, Secretary

Motion by Jennifer Webster to appoint Twylite Moore to the Oneida Personnel Commission with a term

ending March 31, 2025, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens,

Ernie Stevens III, Jennifer Webster

Opposed:

Kirby Metoxen

Abstained:

Lisa Summers

For the record: Councilman Kirby Metoxen stated I opposed because Daniel Thomas just got done

serving about a year’s time and has invested in a lot of training on the Personnel Commission and now

is…they’re going to have to start over with another person.

Determine next steps regarding five (5) Pro Tem vacancies - Oneida Personnel

Commission (00:12:09)

Sponsor: Lisa Summers, Secretary

Motion by Kirby Metoxen to appoint George Skenandore as Pro Tem on the Oneida Personnel

Commission with a term ending March 31, 2025, seconded by Jennifer Webster. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Jennifer Webster

Opposed:

Lisa Summers

Motion by Jennifer Webster to re-post the four (4) remaining vacancies in accordance with § 105.5-5.,

seconded by David P. Jordan. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 3 of 10

March 11, 2020

Public Packet

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DRAFT

VII.

STANDING COMMITTEES

LEGISLATIVE OPERATING COMMITTEE

Accept the February 19, 2020, regular Legislative Operating Committee meeting

minutes (00:15:10)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the February 19, 2020, regular Legislative Operating Committee

meeting minutes, seconded by Trish King. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Accept the memorandum regarding the issues identified in the 2020 special

election final report as information (00:15:38)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Summers to accept the memorandum regarding the issues identified in the 2020

special election final report as information, seconded by Trish King. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

VIII.

TRAVEL REPORTS

Approve the travel report - Coucilman Kirby Metoxen - Chicago Travel &

Adventure Show - Rosemont, IL - February 7-10, 2020 (00:20:49)

Sponsor: Kirby Metoxen, Councilman

Motion by Jennifer Webster to approve the travel report from Coucilman Kirby Metoxen for the Chicago

Travel & Adventure Show in Rosemont, IL - February 7-10, 2020, seconded by David P. Jordan.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens,

Ernie Stevens III, Lisa Summers, Jennifer Webster

Abstained:

Kirby Metoxen

Oneida Business Committee

Regular Meeting Minutes

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March 11, 2020

Public Packet

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DRAFT

Approve the travel report and determine next steps regarding action items Secretary Lisa Summers - Tribal Caucus and GLITC Emergency Management

Summit - Lac du Flambeau, WI - February 25-27, 2020 (00:21:46)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the travel report from Secretary Lisa Summers for the Tribal

Caucus and GLITC Emergency Management Summit in Lac du Flambeau, WI - February 25-27, 2020,

seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Motion by Jennifer Webster to approve the four (4) action items listed in the travel report [1). Assign

one (1) to two (2) more OBC members to participate in April 2020 Tribal Caucus meeting; 2) Assign

one (1) to two (2) OBC Members to work with Intergovernmental Affairs & Communications and a subcommittee of the Tribal Caucus on the development of a PL-280 Retrocession Process for tribes; 3)

Oneida will host the next Tribal Caucus and need to request Intergovernmental Affairs &

Communications to assist with making appropriate arrangements; and 4) Assign the Chairman and

Vice-Chairman to work with Emergency Management and the Law Office on the completion of the

inter-tribal mutual aide agreement, noting the draft agreement has already been submitted to the Law

Office for review], seconded by Lisa Summers. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Abstained:

Trish King

IX.

TRAVEL REQUESTS

Approve the travel request - Secretary Lisa Summers - M3 Meeting - Halifax, NS May 19-23, 2020 (00:26:27)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the travel request for Secretary Lisa Summers to attend the M3

Meeting in Halifax, NS - May 19-23, 2020, seconded by Brandon Stevens. Motion carried:

Ayes:

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

Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Opposed:

Trish King

NEW BUSINESS

Approve the Oneida Trust Enrollment Committee/Oneida Business Committee

Memorandum of Agreement (00:29:50)

Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee

Motion by Brandon Stevens to approve the Oneida Trust Enrollment Committee/Oneida Business

Committee Memorandum of Agreement, seconded by Lisa Summers. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

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March 11, 2020

Public Packet

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DRAFT

Approve the amendment - Brown County Public Works Department project

agreement - file # 2020-0203 (00:31:16)

Sponsor: Debbie Thundercloud, General Manager

Motion by David P. Jordan to approve the amendment to the Brown County Public Works Department

project agreement - file # 2020-0203, seconded by Lisa Summers. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

XI.

GENERAL TRIBAL COUNCIL

Acknowledge receipt of the 2020 annual report from the Oneida Nation Arts Board

(00:32:02)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to acknowledge receipt of the 2020 annual report from the Oneida Nation

Arts Board, seconded by Jennifer Webster. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

XII.

EXECUTIVE SESSION

REPORTS

Accept the Chief Counsel report (00:32:51)

Sponsor: Jo Anne House, Chief Counsel

Motion by Brandon Stevens to accept the Chief Counsel report, seconded by Lisa Summers. Motion

carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Motion by Lisa Summers to approve the limited waivers of sovereign immunity associated with the

Volkswagen Environmental Mitigation Trust for Indian Tribe Beneficiaries, authorize the Chairman to

sign, and move the documents to open session, seconded by Jennifer Webster. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Motion by Jennifer Webster to approve the limited waiver of sovereign immunity for the SportRadar

Solutions LLC [Mutual Non-Disclosure Agreement ], seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Brandon Stevens, Lisa Summers, Jennifer Webster

Abstained:

Ernie Stevens III

Oneida Business Committee

Regular Meeting Minutes

Page 6 of 10

March 11, 2020

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DRAFT

Accept the General Manager report (00:34:00)

Sponsor: Debbie Thundercloud, General Manager

Motion by Lisa Summers to accept the General Manager report, seconded by Kirby Metoxen. Motion

carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Motion by Lisa Summers to cancel the March 16, 2020, reconvened annual General Tribal Council

meeting and cancel the April 6, 2020, special General Tribal Council meeting noting these meetings

will rescheduled to a later date, seconded by Ernie Stevens III. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Motion by Jennifer Webster to approve the correspondence regarding canceled March 16, 2020,

reconvened annual General Tribal Council meeting and the canceled April 6, 2020, special General

Tribal Council meeting and move the correspondence to open session, seconded by Lisa Summers.

Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Motion by Jennifer Webster to direct the Secretary and Direct Reports to the Business Committee to

develop and send out organization-wide correspondence regarding travel restrictions by March 13,

2020, seconded by Lisa Summers. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

AUDIT COMMITTEE

Accept the January 16, 2020, regular Audit Committee meeting minutes

(00:35:39)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the January 16, 2020, regular Audit Committee meeting minutes,

seconded by Jennifer Webster. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Accept the January 30, 2020, emergency Audit Committee meeting minutes

(00:35:54)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the January 30, 2020, emergency Audit Committee meeting

minutes, seconded by Lisa Summers. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

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March 11, 2020

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DRAFT

Accept the Food Distribution performance assurance audit and lift the

confidentiality requirement (00:36:12)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Summers to accept the Food Distribution performance assurance audit and lift the

confidentiality requirement, seconded by Jennifer Webster. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Accept the Medical Records performance assurance audit and lift the

confidentiality requirement (00:36:28)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the Medical Records performance assurance audit and lift the

confidentiality requirement, seconded by Brandon Stevens. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Accept the Oneida Pow-wow Committee performance assurance audit and lift

the confidentiality requirement (00:36:44)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Summers to accept the Oneida Pow-wow Committee performance assurance audit and

lift the confidentiality requirement, seconded by Jennifer Webster. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Accept the Information Technology FY-2018 compliance audit and lift the

confidentiality requirement (00:37:00)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the Information Technology FY-2018 compliance audit and lift the

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

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Accept the Four Card Poker rules of play compliance audit and lift the

confidentiality requirement (00:37:18)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the Four Card Poker rules of play compliance audit and lift the

confidentiality requirement, seconded by Lisa Summers. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 8 of 10

March 11, 2020

Public Packet

17 of 236

DRAFT

Accept the Ultimate Texas Hold'em rules of play compliance audit and lift the

confidentiality requirement (00:37:37)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the Ultimate Texas Hold'em rules of play compliance audit and

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

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

UNFINISHED BUSINESS

Defer the Joint Marketing Standard Operating Procedures regarding Tickets &

Merchandise Distribution to the April 8, 2020, regular Business Committee

meeting agenda (00:38:00)

Sponsor: Michele Doxtator, Area Manager/Retail Profits

Motion by David P. Jordan to defer the Joint Marketing Standard Operating Procedures regarding

Tickets & Merchandise Distribution to the April 8, 2020, regular Business Committee meeting agenda,

seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Approve the updated reorganization proposal and Gantt chart for Oneida Retail

Enterprise

Sponsor: Michele Doxtator, Area Manager/Retail Profits

Item deleted at the adoption of the agenda.

NEW BUSINESS

Review applications for one (1) vacancy - Oneida Personnel Commission

(00:38:30)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to accept the discussion regarding the applications for the Oneida

Personnel Commission vacancy as information, seconded by Brandon Stevens. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Jennifer Webster

Abstained:

Lisa Summers

Review applications for five (5) Pro Tem vacancies - Oneida Personnel

Commission (00:38:57)

Sponsor: Lisa Summers, Secretary

Motion by Jennifer Webster to accept the discussion regarding applications for the Oneida Personnel

Commission Pro Tem vacancies as information, seconded by Brandon Stevens. Motion carried:

Ayes:

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

Brandon Stevens, Jennifer Webster

Abstained:

Ernie Stevens III, Lisa Summers

Oneida Business Committee

Regular Meeting Minutes

Page 9 of 10

March 11, 2020

Public Packet

18 of 236

DRAFT

Approve one (1) new enrollment (00:39:20)

Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee

Motion by Jennifer Webster to approve one (1) new enrollment, seconded by Brandon Stevens. Motion

carried:

Ayes:

Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens,

Ernie Stevens III, Jennifer Webster

Abstained:

David P. Jordan, Lisa Summers

XIII.

ADJOURN (00:40:20)

Motion by Daniel Guzman King to adjourn at 9:11 a.m., seconded by Kirby Metoxen. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

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

Page 10 of 10

March 11, 2020

Public Packet

19 of 236

Approve the March 17, 2020, emergency Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

04/08/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☒ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

Public Packet

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DRAFT

Oneida Business Committee

Emergency Meeting

9:00 AM Tuesday, March 17, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EMERGENCY MEETING

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

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

Jennifer Webster;

Not Present: ;

Arrived at: ;

Others present: ;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 9:04 a.m.

II.

OPENING

Opening provided by Chairman Tehassi Hill.

III.

ADOPT THE AGENDA

Motion by Lisa Summers to adopt the agenda with one (1) noted change [add item IV.A.5. Adopt

resolution entitled Emergency Amendments to the Emergency Management and Homeland Security

Law Adding Section Identifying COVID-19 Core Decision-Making Team and Delegating Authority],

seconded by David P. Jordan. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

IV.

NEW BUSINESS

Actions related to the Nation's COVID-19 outbreak response

Adopt resolution in accordance with the Budget Contingency Plan

Sponsor: Trish King, Treasurer

Motion by Lisa Summers to adopt resolution 03-17-20-A Adoption of Tier IV Budget Contingency Plan

for the Remainder of Fiscal Year 2020 As A Result of Potential COVID-19 Pandemic Financial

Impacts, seconded by Jennifer Webster. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Emergency Meeting Minutes

Page 1 of 3

March 17, 2020

Public Packet

21 of 236

DRAFT

Adopt resolution entitled Adoption of Emergency Amendments to the Election

Law to Implement Alternative Processes to Address COVID-19 Pandemic

Impacts on the Oneida Nation 2020 General Election

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to adopt resolution 03-17-20-B Adoption of Emergency Amendments to

the Election Law to Implement Alternative Processes to Address COVID-19 Pandemic Impacts on the

Oneida Nation 2020 General Election, with two (2) noted changes to Draft 1 for Consideration [1)

change the date referenced in line 167 from April 3 to April 24; and 2) strike lines 536-547 regarding

Referendums], seconded by Kirby Metoxen. Motion carried:

Ayes:

Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers,

Jennifer Webster

Opposed:

Daniel Guzman King, Trish King

Abstained:

David P. Jordan

Adopt resolution entitled Adoption of Emergency Amendments to the Boards,

Committees, and Commissions Law to Address COVID-19 Pandemic Impacts

on Boards, Committees, and Commissions of the Nation

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to adopt resolution 03-17-20-C Adoption of Emergency Amendments to the

Boards, Committees, and Commissions Law to Address COVID-19 Pandemic Impacts on Boards,

Committees, and Commissions of the Nation, seconded by Lisa Summers. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Adopt resolution entitled Amending Resolution BC-05-08-19-B Boards,

Committees, and Commissions Law Stipends

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to adopt resolution 03-17-20-D Amending Resolution BC-05-08-19-B

Boards, Committees, and Commissions Law Stipends with two (2) noted changes [1) insert

appropriate resolution number at line 14 and line 49; and 2) at line 129, add "and for the duration of the

public health emergency"], seconded by Lisa Summers. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Adopt resolution entitled Emergency Amendments to the Emergency

Management and Homeland Security Law Adding Section Identifying COVID-19

Core Decision-Making Team and Delegating Authority

Sponsor: David P. Jordan, Councilman

Motion by Lisa Summers to adopt resolution 03-17-20-E Emergency Amendments to the Emergency

Management and Homeland Security Law Adding Section Identifying COVID-19 Core Decision-Making

Team and Delegating Authority, seconded by Brandon Stevens. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Emergency Meeting Minutes

Page 2 of 3

March 17, 2020

Public Packet

22 of 236

DRAFT

ADJOURN

Motion by David P. Jordan to adjourn at 9:58 a.m., seconded by Lisa Summers. Motion carried:

Ayes:

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

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Emergency Meeting Minutes

Page 3 of 3

March 17, 2020

Public Packet

23 of 236

Adopt resolution entitled Emergency Amendments to the General Tribal Council Meeting Stipend Paymen

Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

David P. Jordan, LOC Chairperson

April 8, 2020

General Tribal Council Meeting Stipend Payment Policy Emergency Amendments

Please find the following attached backup documentation for your consideration of the General

Tribal Council Meeting Stipend Payment Policy Emergency Amendments:

1. Resolution: Emergency Amendments to the General Tribal Council Meeting Stipend

Payment Policy

2. Statement of Effect: Emergency Amendments to the General Tribal Council Meeting

Stipend Payment Policy

3. General Tribal Council Meeting Stipend Payment Policy Emergency Amendments

Legislative Analysis

4. General Tribal Council Meeting Stipend Payment Policy (Redline)

5. General Tribal Council Meeting Stipend Payment Policy (Clean)

Overview

Emergency amendments to the General Tribal Council Meeting Stipend Payment Policy are being

sought to create an exception to the mandatory payment of General Tribal Council (GTC) meeting

stipends when deemed necessary to protect and safeguard the resources and general welfare of the

Nation. The emergency amendments to the General Tribal Council Meeting Stipend Payment

Policy will:

▪ Provide the Oneida Business Committee with authority to decide, through adoption of a

resolution, to halt the payment of General Tribal Council meeting stipends to all eligible

members for a period of time the Oneida Business Committee deems necessary to protect

and safeguard the resources and general welfare of the Nation. [1 O.C. 111.4-3(c)].

The world is currently facing a pandemic of COVID-19 after an outbreak began in Wuhan, China

and quickly spread to many other countries throughout the world, including the United States. This

pandemic has resulted in many countries experiencing the effects of illness and health issues

related to COVID-19, as well as vast economic impacts. State governors, including the State of

Wisconsin, have declared public health emergencies and state public health officers have issued

orders, for example, closing public schools, limiting public gatherings, and closing restaurants and

bars except for take-out orders.

On March 12, 2020, in accordance with the Emergency Management and Homeland Security law,

Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding

COVID-19. [3 O.C. 302.8-1]. This declaration of a public health state of emergency set into place

the necessary authority should action need to be taken and allows the Nation to seek reimbursement

of emergency management actions that may result in unexpected expenses.

Page 1 of 2

Public Packet

25 of 236

Since the declaration of a public health emergency, the Oneida Business Committee has taken

action to protect the health and welfare of the members, employees and the community, including

instituting expenditure restrictions to preserve resources for the provision of governmental services

to members most at risk, closure of the Nation’s gaming operations, and insuring that employees

will continued to be paid during the public health emergency as long as the Nation’s resources will

allow.

The declaration of a public health emergency by the Nation and the potential financial impacts of

the COVID-19 pandemic met the Budget Management and Control law’s requirement that the

Nation be under extreme financial distress for the budget contingency plan to be implemented. The

Oneida Business Committee adopted resolution BC-03-17-20-A which declared that Tier IV

budget contingency measures are implemented which required a four percent (4%) reduction in

overall expenditures and budgets. On April 8, 2020, the Oneida Business Committee will consider

the adoption of a resolution to declare that Tier V budget contingency measures be implemented.

The Oneida Business Committee can temporarily enact legislation when legislation is necessary

for the immediate preservation of the public health, safety, or general welfare of the Reservation

population, and the amendment of the legislation is required sooner than would be possible under

the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal impact statement and public meeting

are not required for emergency legislation. [1 O.C. 109.9-5(a)].

The emergency amendments to the General Tribal Council Meeting Stipend Payment Policy are

necessary for the preservation of the general welfare of the Reservation population. The emergency

amendments would allow for the Oneida Business Committee to discontinue the payment of GTC

meeting stipends in an effort to protect the general welfare of the Reservation population by

maintaining essential governmental services and employment when no revenues are generated

through gaming operations and during the period of time it takes after gaming operations start back

up for the Nation to recover from the financial distress caused by the COVID-19 pandemic.

Additionally, observance of the requirements under the Legislative Procedures Act for the

adoption of these amendments would be contrary to public interest. The process and requirements

of the Legislative Procedures Act cannot be completed in time to allow the Nation the ability to

adequately preserve funding for necessary governmental services and activities as a result of the

COVID-19 pandemic.

The emergency amendments to the General Tribal Council Meeting Stipend Payment Policy will

become effective immediately upon adoption by the Oneida Business Committee and will remain

effective for six (6) months, with the possibility to extend for an additional six (6) months, or until

the emergency amendments expire or are permanently adopted. [1 O.C. 109.9-5(b)].

Requested Action

Approve the Resolution: Emergency Amendments to the General Tribal Council Meeting Stipend

Payment Policy.

Page 2 of 2

Public Packet

Oneida Nation

26 of 236

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Emergency Amendments to the General Tribal Council Meeting Stipend Payment Policy

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 federal government has proclaimed a public health emergency related to the spread of

the COVID-19 virus and has identified that the spread of the virus has resulted in large

numbers of individuals becoming ill and high mortality rates, impacts to the stock markets,

and businesses; and

WHEREAS,

state governors, including the State of Wisconsin, have declared public health emergencies

and state public health officers have issued orders, for example, closing public schools,

limiting public gatherings, and closing restaurants and bars except for take-out orders; and

WHEREAS,

on March 12, 2020, Chairman Hill declared a public health state of emergency, and the

Oneida Business Committee took actions to take steps to protect the health and welfare of

the members, employees and the community, including instituting expenditure restrictions

to preserve resources for the provision of governmental services to members most at risk,

closure of the Nation’s gaming operations, and insuring that employees will continued to

be paid during the public health emergency as long as the Nation’s resources will allow;

and

WHEREAS,

the Oneida Business Committee adopted resolution BC-03-17-20-A which declared that

Tier IV budget contingency measures are implemented which required a four percent (4%)

reduction in overall expenditures and budgets; and

WHEREAS,

the Oneida Business Committee adopted resolution BC-04-__-20-__, which declared that

Tier V budget contingency measures be implemented and directed expenditure reductions

regarding non-essential government functions and instituted lay-offs regarding non-critical

personnel; and

WHEREAS,

the Treasurer has implemented a COVID-19 Finance Team (“Finance Team”) to monitor

the financial status of the Nation and make recommendations regarding expenditure

restrictions for the remainder of FY2020, budgeting for FY2021, development of directions

for a continuing resolution for FY2021, and other actions necessary to ensure

governmental services can continue to be provided to those most in need and at risk

regarding COVID-19 and the health impacts of the virus; and

WHEREAS,

the Finance Team has determined the following rules shall apply to all decisions being

made regarding the finances of the Nation and how those limited resources shall be

allocated:

Public Packet

100

101

102

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BC Resolution _____________

Emergency Amendments to the General Tribal Council Meeting Stipend Payment Policy

Page 2 of 3

1. All decisions are employee/member/community empathetic/compassionate

balanced against cash flow; and

2. All decisions shall protect investments; and utilize only available cash; and

WHEREAS,

the Finance Team has identified that the Nation can, if funding is carefully managed, meet

the needs of the operations in providing services for a thirty (30) day period beginning from

the closure date of the gaming operations; and

WHEREAS,

the Finance Team, working closely with Intergovernmental Affairs and Communications, is

kept up-to-date regarding federal emergency funding opportunities which will assist the

Nation in managing the public health crisis and has identified that the Nation has a potential

gap of thirty (30) to sixty (60) days where federal financial assistance will be authorized

and delivered; and

WHEREAS,

the Finance Team, working closely with the Grants Office, has identified that granting

agencies will be providing approvals to delay or amend existing grants considering the

current public health crisis which will assist the Nation in managing expenses during the

financial constraints; and

WHEREAS,

the Oneida Nation has had in place the General Tribal Council Meeting Stipend Payment

Policy that makes payment of stipends mandatory to attendees of a General Tribal Council

meeting who meet the eligibility requirements, without exception, even if said payments

would be detrimental to the resources and general welfare of the Nation; and

WHEREAS,

the proposed emergency amendments allow for GTC meeting stipend payments to be

discontinued when the Oneida Business Committee determines, through adoption of a

resolution, that it is a necessary measure to protect and safeguard the resources and

general welfare of the Nation; and

WHEREAS,

adopting emergency amendments to the General Tribal Council Meeting Stipend Payment

Policy is necessary to give the Oneida Business Committee the authority to halt payments

of GTC meeting stipends as necessary to maintain essential governmental services and

employment during a time when no revenues are generated through gaming operations;

and

WHEREAS,

the Chief Financial Officer, Treasurer, and Finance Team, are recommending the Oneida

Business Committee adopt a resolution regarding emergency amendments to the General

Tribal Council Meeting Stipend Payment Policy to include an exception to the mandatory

payment of GTC meeting stipends when necessary to protect and safeguard the resources

and general welfare of the Nation; and

WHEREAS,

the Oneida Business Committee, after being informed regarding the current financial status

and near-term future financial resources, has determined that implementation of the

emergency amendments is needed to preserve funding for necessary governmental

services and activities; and

WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to enact

legislation on an emergency basis, to be in effect for a period of six (6) months, renewable

for an additional six (6) months; and

WHEREAS,

emergency adoption of legislation is allowed when legislation is necessary for the

immediate preservation of the public health, safety, or general welfare of the Reservation

population, and the amendment of the legislation is required sooner than would be possible

under the Legislative Procedures Act; and

Public Packet

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104

105

106

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BC Resolution _____________

Emergency Amendments to the General Tribal Council Meeting Stipend Payment Policy

Page 3 of 3

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

emergency amendments to the General Tribal Council Meeting Stipend Payment Policy effective

immediately.

Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Emergency Amendments to the General Tribal Council Meeting Stipend Payment Policy

Summary

This resolution adopts emergency amendments to the General Tribal Council Meeting Stipend

Payment Policy which provide an exception to the mandatory payment of stipends to eligible

attendees of a General Tribal Council (“GTC”) meeting when the Oneida Business Committee

determines, through adoption of a resolution, that the halting of stipend payments is necessary to

protect and safeguard the resources and general welfare of the Oneida Nation.

Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office

Date: April 1, 2020

Analysis by the Legislative Reference Office

This resolution adopts emergency amendments to the General Tribal Council Meeting Stipend

Payment Policy (“Law”). The purpose of the Law is to govern the payment of stipends for

attendance at meetings of the GTC. [1 O.C. 111.1-1]. The emergency amendments to the Law

will:

▪ Provide the Oneida Business Committee with authority to adopt a resolution that halts the

payment of General Tribal Council meeting stipends to all eligible members of Nation

when the Oneida Business Committee determines it is necessary to protect and safeguard

the resources and general welfare of the Nation. [1 O.C. 111.4-3(c)].

The Legislative Procedures Act (“LPA”) allows the Oneida Business Committee to take

emergency action where it is necessary for the immediate preservation of the public health, safety

or general welfare of the Reservation population and when enactment or amendment of legislation

is required sooner than would be possible under the LPA. [1 O.C. 109.9-5].

The resolution provides various information on the COVID-19 pandemic that the world is now

facing. This pandemic has resulted in many countries experiencing the effects of illness and health

issues related to COVID-19, as well as vast economic impacts.

On March 12, 2020, in accordance with the Emergency Management and Homeland Security law,

Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding

COVID-19. [3 O.C. 302.8-1]. On March 17, 2020, the Oneida Business Committee adopted

resolution BC-03-17-20-A declaring that Tier IV budget contingency measures be implemented

which required a four percent (4%) reduction in overall expenditures and budgets. On April 8,

2020, the Oneida Business Committee will consider the adoption of a resolution to declare that

Tier V budget contingency measures be implemented.

The resolution provides that the emergency amendments to this Law are necessary for the

preservation of the general welfare of the Reservation population. The emergency amendments

provide an exception to the otherwise mandatory payment of GTC meeting stipends when the

Page 1 of 2

Public Packet

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Oneida Business Committee determines that the halting of said payments would protect and

safeguard the resources and general welfare of the Oneida Nation.

Additionally, the resolution provides that observance of the requirements under the LPA for

adoption of this amendment would be contrary to public interest. The process and requirements of

the LPA cannot be completed in time to allow the Nation the ability to adequately preserve funding

for necessary governmental services and activities as a result of the COVID-19 pandemic.

The emergency amendments to the General Tribal Council Meeting Stipend Payment Policy will

become effective immediately upon adoption by the Oneida Business Committee and will remain

effective for six (6) months, with the possibility to extend for an additional six (6) months, or until

the emergency amendments expire or are permanently adopted. [1 O.C. 109.9-5(b)].

Conclusion

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

Page 2 of 2

Public Packet

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Analysis to Emergency Draft 1

2020 04 08

EMERGENCY AMENDMENTS TO GENERAL

TRIBAL COUNCIL MEETING STIPEND

PAYMENT POLICY LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

To provide the Oneida Business Committee with the authority to adopt a

Proposed Amendments

resolution that halts the payment of General Tribal Council meeting stipends

to all eligible members of Nation when necessary to protect and safeguard the

resources and general welfare of the Nation.

Purpose

To govern the payment of stipends for attendance at General Tribal Council

meetings. [1 O.C. 111.1-1].

Affected Entities

Members of the General Tribal Council.

Public Meeting

A public meeting is not required for emergency legislation [1 O.C. 109.81(b) and 109.9-5(a)].

Fiscal Impact

A fiscal impact statement is not required for emergency legislation [1 O.C.

109.9-5(a)].

Expiration of Emergency Emergency amendments expire six (6) months after adoption and may be

Amendments

renewed for one additional six (6) month period. [1 O.C. 109.9-5(b)].

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The General Tribal Council Meeting Stipend Payment Policy (“Law”) sets forth the

standards for determining the stipend eligibility of members of the Oneida Nation who attend General

Tribal Council meetings, as well as the process for paying such members their meeting stipends. [1

O.C. 111.1-2].

B. COVID-19 Pandemic. The world is currently facing a pandemic of the coronavirus disease 2019

(COVID-19). The COVID-19 outbreak originated in Wuhan, China and has spread to many other

countries throughout the world, including the United States. The World Health Organization has

identified that the spread of COVID-19 is now a pandemic resulting in many countries experiencing

the effects of illness and health issues related to COVID-19 and economic impacts.

▪ Declarations of Emergency.

▪ Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” on

March 12, 2020, regarding COVID-19 which sets into place the necessary authority should

action need to be taken, and allows the Nation to seek reimbursement of emergency

management actions that may result in unexpected expenses. Through the adoption of

resolution BC-03-26-20-A, the Nation extended the Public Health State of Emergency to

May 12, 2020.

▪ Since the public health emergency was declared, the Oneida Business Committee

has taken action to protect the health and welfare of the members, employees and

the community, including instituting expenditure restrictions to preserve resources

for the provision of governmental services to members most at risk, closure of the

Nation’s gaming operations, and insuring that employees will continued to be paid

during the public health emergency as long as the Nation’s resources will allow.

Page 1 of 5

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Analysis to Emergency Draft 1

2020 04 08

The Oneida Business Committee adopted resolution BC-03-17-20-A which

declared that Tier IV budget contingency measures be implemented in accordance

with the Budget Management and Control law. Tier IV budget contingency

measures included a four percent (4%) reduction in overall expenditures and

budgets.

▪ On April 8, 2020, the Oneida Business Committee will consider the adoption of a

resolution which would declare that Tier V budget contingency measures be

implemented and direct expenditure reductions regarding non-essential

government functions and institute lay-offs regarding non-critical personnel.

▪ Governor Evers declared a public health emergency for the State of Wisconsin on March

12, 2020, based on COVID-19 cases in Wisconsin.

▪ The State of Wisconsin has now closed public schools, limited public gatherings,

and closed restaurants and bars except for take-out orders or delivery.

▪ President Trump declared a national emergency for the United States over the COVID-19

outbreak on March 13, 2020.

▪ Center of Disease Control Precautions. The Center of Disease Control has identified that March,

April, and May should be the time when the potential for the highest increases in the number of

confirmed cases would occur, and issued the following precautions to avoid further spread of

COVID-19:

▪ Clean your hands often.

▪ Wash your hands often with soap and water for at least twenty (20) seconds

especially after you have been in a public place, or after blowing your nose,

coughing, or sneezing.

▪ If soap and water are not readily available, use a hand sanitizer that contains at

least sixty percent (60%) alcohol. Cover all surfaces of your hands and rub them

together until they feel dry.

▪ Avoid touching your eyes, nose, and mouth with unwashed hands.

▪ Avoid close contact.

▪ Avoid close contact with people who are sick

▪ Put distance between yourself and other people if COVID-19 is spreading in your

community. This is especially important for people who are at higher risk of

getting very sick.

C. In response to the COVID-19 pandemic, emergency amendments to the General Tribal Council

Meeting Payment Policy are being sought to allow the Oneida Business Committee to make an

exception to the requirement that all eligible attendees at a meeting of the General Tribal Council

receive a stipend for their attendance when it is necessary to protect and safeguard the resources and

general welfare of the Oneida Nation.

SECTION 4. PROCESS

▪

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of this Law

and legislative analysis:

▪ Oneida Law Office.

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A. These amendments are being considered on an emergency basis. The Oneida Business Committee may

temporarily enact an emergency law “where legislation is necessary for the immediate preservation of

public health, safety, or general welfare of the Reservation population and enactment or amendment of

legislation is required sooner than would be possible under this law.” [1 O.C. 109.9-5].

▪ Emergency amendments are being pursued for the immediate preservation of the general welfare

of the Reservation population against the public health crisis that is the COVID-19 pandemic and

its resulting effects. Chairman Tehassi Hill declared a public health state of emergency for the

Nation on March 12, 2020. Adopting emergency amendments to the General Tribal Council

Meeting Stipend Payment Policy to authorize the halting of meeting stipend payments is necessary

to maintain essential governmental services and employment when no revenues are generated

through gaming operations and during the time it takes after gaming operations start back up for

the Nation to recover from the financial damage caused by the COVID-19 pandemic.

▪ Observance of the requirements under the Legislative Procedures Act for the adoption of these

amendments would be contrary to public interest. The process and requirements of the Legislative

Procedures Act cannot be completed in time to allow the Nation the ability to adequately preserve

funding for necessary governmental services and activities as a result of the COVID-19 pandemic.

B. The emergency amendments will expire six (6) months after adoption, with one (1) opportunity for a

six (6) month extension of the emergency amendments. [1 O.C. 109.9-5(b)].

C. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when

considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact

statement will eventually be required when considering permanent adoption of these amendments.

D. Now, emergency amendments are being pursued to address situations where the payment of meeting

stipends would be contrary to the welfare of the Nation.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Exception to Mandatory Payment of GTC Meeting Stipends. The proposed emergency amendments

provide that the Oneida Business Committee may decide through adoption of a resolution to halt the

payment of General Tribal Council meeting stipends to all eligible members for a period of time deemed

necessary by the Oneida Business Committee to protect and safeguard the resources and general welfare

of the Nation. [1 O.C. 111.4-3(c)]. Previously, payment of the stipend was mandatory so long as those

who attended the General Tribal Council meeting met the eligibility requirements, without exception,

even if the payment would be detrimental to the resources and general welfare of the Nation.

▪ Effect. The proposed emergency amendments allow for GTC meeting stipend payments to be

discontinued when the Oneida Business Committee determines, through adoption of a resolution,

that it is a necessary measure to protect and safeguard the resources and general welfare of the

Nation. Due to the COVID-19 pandemic and the resulting closures of the Nation’s gaming

operations, it has been determined that it is necessary to maintain essential governmental services

and activities during a time when no revenues are generated through gaming operations. These

emergency amendments are being sought to allow for the Nation’s essential services and activities

to continue by halting the payment of GTC meeting stipends for a period of time deemed necessary

by the Oneida Business Committee for said continuance.

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SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this

Law:

▪ Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal

Council on January 7, 2013, for the purpose of providing a standard process for the adoption

of laws of the Nation which includes taking into account comments from members of the

Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].

▪ The Legislative Procedures Act provides a process for the adoption of emergency

legislation when the legislation is necessary for the immediate preservation of the

public health, safety, or general welfare of the Reservation population and the

enactment or amendment of legislation is required sooner than would be possible under

this law. [1 O.C. 109.9-5].

▪ The Legislative Operating Committee is responsible for first reviewing the

emergency legislation and for forwarding the legislation to the Oneida

Business Committee for consideration. [1 O.C. 109.9-5(a)].

▪ The proposed emergency legislation is required to have a legislative analysis

completed and attached prior to being sent to the Oneida Business Committee

for consideration. [1 O.C. 109.9-5(a)].

▪ A legislative analysis is a plain language analysis describing the

important features of the legislation being considered and factual

information to enable the Legislative Operating Committee to make

informed decisions regarding legislation. A legislative analysis

includes a statement of the legislation’s terms and substance; intent of

the legislation; a description of the subject(s) involved, including any

conflicts with Oneida or other law, key issues, potential impacts of the

legislation and policy considerations. [1 O.C. 109.3-1(g)].

▪ Emergency legislation does not require a fiscal impact statement to be

completed or a public comment period to be held. [1 O.C. 109.9-5(a)].

▪ Upon the determination that an emergency exists the Oneida Business

Committee can adopt emergency legislation. The emergency legislation

becomes effective immediately upon its approval by the Oneida Business

Committee. [1 O.C. 109.9-5(b)].

▪ Emergency legislation remains in effect for a period of up to six (6) months,

with an opportunity for a one-time emergency law extension of up to six (6)

months. [1 O.C. 109.9-5(b)].

▪ Adoption of these proposed emergency amendments would conform with the

requirements of the Legislative Procedures Act.

▪ Emergency Management and Homeland Security law. The Emergency Management and Homeland

Security law provides for the development and execution of plans for the protection of residents,

property, and the environment in an emergency or disaster; and provides for the direction of

emergency management, response, and recovery on the Reservation; as well as coordination with

other agencies, victims, businesses, and organizations; and establishes the use of the National

Incident Management System; and designates authority and responsibilities for public health

preparedness. [3 O.C. 302.1-1].

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▪ The Emergency Management and Homeland Security law provides that the Oneida Business

Committee shall be responsible for proclaiming or ratifying the existence of an emergency.

[3 O.C. 302.8-1]. A public health emergency is defined as the occurrence or imminent threat

of an illness or health condition which:

(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a biological

agent; and

(2) poses a high probability of any of the following:

(A) a large number of deaths or serious or long-term disability among humans; or

(B) widespread exposure to a biological, chemical, or radiological agent that

creates a significant risk of substantial future harm to a large number of people.

[3 O.C. 302.3-1(o)].

▪ Chairman Tehassi Hill’s March 12, 2020, “Declaration of Public Health State of

Emergency” conform with the requirements of the Emergency Management and Homeland

Security law.

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SECTION 7. OTHER CONSIDERATIONS

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A. Deadline for Permanent Adoption of Amendments. The emergency amendments will expire six (6)

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months after adoption, with one (1) opportunity for an extension of an additional six (6) month period.

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▪ Conclusion: The Legislative Operating Committee will need to consider the development and

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adoption of permanent amendments to this Law within the next six (6) to twelve (12) months.

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Permanent adoption would require approval by the Oneida General Tribal Council.

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B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.

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▪ Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

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emergency legislation [1 O.C. 109.6-1].

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Title 1. Government and Finances – Chapter 111

GENERAL TRIBAL COUNCIL MEETING STIPEND PAYMENT POLICY

111.1. Purpose and Policy

111.2. Adoption, Amendment, Repeal

111.3. Definitions

111.4. Stipends

111.5. General Tribal Council Meetings

111.6. Appeals

111.1. Purpose and Policy

111.1-1. The purpose of this policylaw is to govern the payment of stipends for attendance at General

Tribal Council meetings.

111.1-2. It is the policy of the Oneida Tribe of Indians of WisconsinNation to pay eligible General

Tribal Council members a stipend for attending a General Tribal Council meeting at which a quorum

is established and maintained and where official Tribal business is conducted.1

111.2. Adoption, Amendment, RepealConflicts

111.2-1. This policylaw was adopted by the Oneida Business Committee by Resolutionresolution

BC-12-10-08-K and, amended by resolution BC-02-13-13-E. and emergency amended by resolution

BC-__-__-__-__.

111.2-2. This policylaw may be amended pursuant to Tribal lawor repealed by the Oneida General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

111.2-3. Should a provision of this policylaw or the application thereof to any person or

circumstances be held as invalid, such invalidity shall not affect other provisions of this policylaw

which are considered to have legal force without the invalid portions.

111.2-4. In the event of a conflict between a provision of this policylaw and a provision of another

law, ordinance, policy, regulation, rule, resolution or motion, the provisions of this policylaw shall

control. Provided that, nothing in this policy is intended to repeal or modify any existing law,

ordinance, policy, regulation, rule, resolution or motion.

111.2-5. This policylaw is adopted under authority of the Constitution of the Oneida Tribe of Indians

of WisconsinNation.

111.3. Definitions

111.3-1. This section shall govern the definitions of words and phrases as used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “General Tribal Council” means the governing body of the Oneida Tribe of Indians of

WisconsinNation, which is composed of the qualified voters of the TribeOneida Nation, as

determined by the Constitution of the Oneida Tribe of Indians of WisconsinNation.

(b) “Tribe” or “TribalNation” means the Oneida Tribe of Indians of WisconsinNation.

111.4. Stipends

111.4-1. Any TribalExcept as provided in section 111.4-3(c) of this law, any member of the Nation

who meets the requirements of section 111.4-2 shall receive a stipend in an amount determined by

General Tribal Council for attending a General Tribal Council meeting, if a quorum is established.

(a) If a quorum has not been established within fifteen (15) minutes after the published

August 11, 2007 GTC Directive: “Motion by Madelyn Genskow that a stipend of $100 be paid to any General Tribal

Council member who attends a GTC meeting and is eligible to vote and stays until the end of the meeting effective in

calendar year 2008 and for all time, seconded by Nancy Skenandore.”

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starting time, the meeting shall not be held and no stipend shall be paid.

111.4-2. In order to receive a stipend for attending a General Tribal Council meeting, a person shall:

(a) be a qualified voter, in accordance with the Oneida Constitution of the Oneida Nation;

(b) except as provided under (1), register no later than fifteen (15) minutes after the published

starting time of the meeting by checking in at a registration table, filling out any required

forms, and providing a valid Tribal or state issued picture identification;

(1) A person who is physically in line to register for a General Tribal Council meeting

within fifteen (15) minutes after the published starting time of the meeting, may

receive a stipend for attending a General Tribal Council meeting if he or she registers

and meets the other requirements under this section.

meeting is adjourned; and

(1) For purposes of this policylaw, a Tribal member of the Nation who leaves the

meeting area and any related bathroom facilities, as identified by the Tribal Secretary’s

Office of the Nation’s Secretary, is not considered present for the entire meeting.

(d) check out and provide a valid Tribal or state issued picture identification card after the

meeting ends.

(1) For the purposes of this policylaw, a meeting ends when the meeting is adjourned,

the meeting is recessed to a later date, or a quorum is lost.

111.4-3. Payment. The stipend payment shall be made by an acceptable distribution process

approved by the Accounting Department. Any fees associated with reissuing a payment shall be

deducted from a reissued payment.

(a) The Accounting Department shall distribute stipend payments no later than fifteen (15)

business days after a General Tribal Council meeting is held.

(b) If a Tribal member of the Nation does not receive a stipend payment after meeting the

requirements of section 111.4-2, he or she may contact the Enrollment Department to verify

his or her eligibility to receive the stipend payment.

to halt the payment of General Tribal Council meeting stipends to all eligible members for a

period of time deemed necessary by the Oneida Business Committee to protect and safeguard

the resources and general welfare of the Nation.

111.5. General Tribal Council Meetings

111.5-1. Enrollment Department.

(a) The Enrollment Department shall be responsible for the following at each General Tribal

Council meeting:

(1) Conducting check in/out of Tribal members of the Nation and verifying voter

eligibility.

(2) Verifying mailing address of each Tribal member of the Nation.

(3) Providing eligible Tribal members of the Nation with a hand stamp, bracelet or

other identifier that can be displayed upon request to prove they are eligible to attend

the meeting and/or vote during the meeting.

(b) Enrollment Department officials shall be responsible for verifying the information

provided by Tribal members of the Nation while checking in and out. A Tribal or state issued

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picture identification card shall be required to verify the identity of the person registering.

of the Nation who are eligible to receive a stipend to the Accounting Department as soon as

possible after the meeting.

111.5-2. If the facility where the meeting is held does not seat at least twenty-two thousand five

hundred (2,500) people, the Oneida Business Committee shall have the Security Department or other

applicable individuals limit meeting attendees to those Tribal members of the Nation who are eligible

to vote.

111.6. Appeals

111.6-1. Any Tribal member of the Nation denied a stipend payment may file an appeal with the

Enrollment Department within forty-five (45) days after the meeting for which the meeting stipend

was denied. The review shall be conducted by the Enrollment Director or his/her designee. A

determination as to whether the Tribal member was eligible for the stipend shall be made within five

(5) business days of receipt of the appeal.

(a) The determination shall be sent by registered mail (return receipt requested) or delivered

in person to the Tribal member.

(b) In the event a stipend payment is denied, the determination shall include a statement

notifying the Tribal member that he or she has fourteen (14) calendar days to file an appeal

with the Oneida Trust/Enrollment Committee.

notifying the Tribal member that the Enrollment Department will forward his or her relevant

information to the Accounting Department to process the payment.

111.6-2. Any Tribal member of the Nation denied a stipend payment after an appeal to the Enrollment

Director may appeal the Director’s determination to the Oneida Trust/Enrollment Committee. The

appeal shall be filed within fourteen (14) calendar days of receipt of the determination. An appeal

shall be filed with the Oneida Trust/Enrollment Committee in care of the Enrollment Department.

The Enrollment Department shall forward the appeal to the Oneida Trust/Enrollment Committee no

later than the next business day.

111.6-3. A quorum of the Oneida Trust/Enrollment Committee shall conduct a hearing of the appeal

and issue a determination within forty-five (45) days of the receipt of the Tribal member=smember’s

request for review.

(a) The Oneida Trust/Enrollment Committee determination shall be sent by registered mail

(return receipt requested) or delivered in person to the Tribal member.

111.6-4. Payments after an Appeal.

(a) Within five (5) business days after the Enrollment Director or the Oneida Trust/Enrollment

Committee determines that a stipend should have been granted, the Enrollment Department

shall notify the Accounting Department of the determination, the name of the Tribal member

and any additional relevant information needed by the Accounting Department to make the

payment.

(b) The Accounting Department shall distribute a stipend payment to the Tribal member

within fifteen (15) business days from the notification.

111.6-5. The determination of the Oneida Trust/Enrollment Committee shall be final.

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End.

_____________________________________________________________________________________________

GTC Directive – 8/11/07

Emergency Adoption – BC-12-07-07-A

Emergency Extension – BC-05-28-08-C

Permanent Adoption – BC-12-10-08-K

GTC Directive – GTC-11-21-11-A

Emergency Adoption – BC-05-09-12-A

Emergency Extension – BC-10-14-12-B

Adopted – BC-02-13-13-E

Emergency Amended – BC-__-__-__-__

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Title 1. Government and Finances – Chapter 111

GENERAL TRIBAL COUNCIL MEETING STIPEND PAYMENT POLICY

111.1. Purpose and Policy

111.2. Adoption, Amendment, Repeal

111.3. Definitions

111.4. Stipends

111.5. General Tribal Council Meetings

111.6. Appeals

111.1. Purpose and Policy

111.1-1. The purpose of this law is to govern the payment of stipends for attendance at General Tribal

Council meetings.

111.1-2. It is the policy of the Oneida Nation to pay eligible General Tribal Council members a

stipend for attending a General Tribal Council meeting at which a quorum is established and

maintained and where official Tribal business is conducted.1

111.2. Adoption, Amendment, Conflicts

111.2-1. This law was adopted by the Oneida Business Committee by resolution BC-12-10-08-K,

amended by resolution BC-02-13-13-E and emergency amended by resolution BC-__-__-__-__.

111.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to the

procedures set out in the Legislative Procedures Act.

111.2-3. Should a provision of this law or the application thereof to any person or circumstances be

held as invalid, such invalidity shall not affect other provisions of this law which are considered to

have legal force without the invalid portions.

111.2-4. In the event of a conflict between a provision of this law and a provision of another law, the

provisions of this law shall control.

111.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

111.3. Definitions

111.3-1. This section shall govern the definitions of words and phrases as used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “General Tribal Council” means the governing body of the Oneida Nation, which is

composed of the qualified voters of the Oneida Nation, as determined by the Constitution of

the Oneida Nation.

(b) “Nation” means the Oneida Nation.

111.4. Stipends

111.4-1. Except as provided in section 111.4-3(c) of this law, any member of the Nation who meets

the requirements of section 111.4-2 shall receive a stipend in an amount determined by General Tribal

Council for attending a General Tribal Council meeting, if a quorum is established.

(a) If a quorum has not been established within fifteen (15) minutes after the published

starting time, the meeting shall not be held and no stipend shall be paid.

111.4-2. In order to receive a stipend for attending a General Tribal Council meeting, a person shall:

(a) be a qualified voter, in accordance with the Constitution of the Oneida Nation;

(b) except as provided under (1), register no later than fifteen (15) minutes after the published

August 11, 2007 GTC Directive: “Motion by Madelyn Genskow that a stipend of $100 be paid to any General Tribal

Council member who attends a GTC meeting and is eligible to vote and stays until the end of the meeting effective in

calendar year 2008 and for all time, seconded by Nancy Skenandore.”

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starting time of the meeting by checking in at a registration table, filling out any required

forms, and providing a valid Tribal or state issued picture identification;

(1) A person who is physically in line to register for a General Tribal Council meeting

within fifteen (15) minutes after the published starting time of the meeting, may

receive a stipend for attending a General Tribal Council meeting if he or she registers

and meets the other requirements under this section.

meeting is adjourned; and

(1) For purposes of this law, a member of the Nation who leaves the meeting area and

any related bathroom facilities, as identified by the Office of the Nation’s Secretary,

is not considered present for the entire meeting.

(d) check out and provide a valid Tribal or state issued picture identification card after the

meeting ends.

(1) For purposes of this law, a meeting ends when the meeting is adjourned, the

meeting is recessed to a later date, or a quorum is lost.

111.4-3. Payment. The stipend payment shall be made by an acceptable distribution process approved

by the Accounting Department. Any fees associated with reissuing a payment shall be deducted from

a reissued payment.

(a) The Accounting Department shall distribute stipend payments no later than fifteen (15)

business days after a General Tribal Council meeting is held.

(b) If a member of the Nation does not receive a stipend payment after meeting the

requirements of section 111.4-2, he or she may contact the Enrollment Department to verify

his or her eligibility to receive the stipend payment.

to halt the payment of General Tribal Council meeting stipends to all eligible members for a

period of time deemed necessary by the Oneida Business Committee to protect and safeguard

the resources and general welfare of the Nation.

111.5. General Tribal Council Meetings

111.5-1. Enrollment Department.

(a) The Enrollment Department shall be responsible for the following at each General Tribal

Council meeting:

(1) Conducting check in/out of members of the Nation and verifying voter eligibility.

(2) Verifying mailing address of each member of the Nation.

(3) Providing eligible members of the Nation with a hand stamp, bracelet or other

identifier that can be displayed upon request to prove they are eligible to attend the

meeting and/or vote during the meeting.

(b) Enrollment Department officials shall be responsible for verifying the information

provided by members of the Nation while checking in and out. A Tribal or state issued picture

identification card shall be required to verify the identity of the person registering.

Nation who are eligible to receive a stipend to the Accounting Department as soon as possible

after the meeting.

111.5-2. If the facility where the meeting is held does not seat at least two thousand five hundred

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(2,500) people, the Oneida Business Committee shall have the Security Department or other

applicable individuals limit meeting attendees to those members of the Nation who are eligible to

vote.

111.6. Appeals

111.6-1. Any member of the Nation denied a stipend payment may file an appeal with the Enrollment

Department within forty-five (45) days after the meeting for which the meeting stipend was denied.

The review shall be conducted by the Enrollment Director or his/her designee. A determination as to

whether the member was eligible for the stipend shall be made within five (5) business days of receipt

of the appeal.

(a) The determination shall be sent by registered mail (return receipt requested) or delivered

in person to the member.

(b) In the event a stipend payment is denied, the determination shall include a statement

notifying the member that he or she has fourteen (14) calendar days to file an appeal with the

Oneida Trust/Enrollment Committee.

notifying the member that the Enrollment Department will forward his or her relevant

information to the Accounting Department to process the payment.

111.6-2. Any member of the Nation denied a stipend payment after an appeal to the Enrollment

Director may appeal the Director’s determination to the Oneida Trust/Enrollment Committee. The

appeal shall be filed within fourteen (14) calendar days of receipt of the determination. An appeal

shall be filed with the Oneida Trust/Enrollment Committee in care of the Enrollment Department.

The Enrollment Department shall forward the appeal to the Oneida Trust/Enrollment Committee no

later than the next business day.

111.6-3. A quorum of the Oneida Trust/Enrollment Committee shall conduct a hearing of the appeal

and issue a determination within forty-five (45) days of the receipt of the member’s request for review.

(a) The Oneida Trust/Enrollment Committee determination shall be sent by registered mail

(return receipt requested) or delivered in person to the member.

111.6-4. Payments after an Appeal.

(a) Within five (5) business days after the Enrollment Director or the Oneida Trust/Enrollment

Committee determines that a stipend should have been granted, the Enrollment Department

shall notify the Accounting Department of the determination, the name of the member and

any additional relevant information needed by the Accounting Department to make the

payment.

(b) The Accounting Department shall distribute a stipend payment to the member within

fifteen (15) business days from the notification.

111.6-5. The determination of the Oneida Trust/Enrollment Committee shall be final.

End.

_____________________________________________________________________________________________

GTC Directive – 8/11/07

Emergency Adoption – BC-12-07-07-A

Emergency Extension – BC-05-28-08-C

Permanent Adoption – BC-12-10-08-K

GTC Directive – GTC-11-21-11-A

Emergency Adoption – BC-05-09-12-A

1 O.C. 111 – Page 3

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Emergency Extension – BC-10-14-12-B

Adopted – BC-02-13-13-E

Emergency Amended – BC-__-__-__-__

1 O.C. 111 – Page 4

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Adopt resolution entitled Placing Listed Boards, Committees and Commissions in Temporary Closure Stat

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Placing Boards, Committees and Commissions Under Temporary Closure Status

Summary

This resolution places the following of the Nation’s boards, committees and commissions under a

temporary closure status during the Public Health Emergency caused by COVID-19:

1. Oneida Community Library Board;

2. Oneida Environmental Resources Board;

3. Oneida Nation Arts Board;

4. Oneida Nation Veterans Affairs Committee;

5. Oneida Personnel Commission;

6. Oneida Pow Wow Committee;

7. Pardon and Forgiveness Screening Committee;

8. Southeast Wisconsin Oneida Tribal Social Services Advisory Board;

9. Oneida Land Claims Commission; and

10. Oneida Nation Commission on Aging.

This resolution further discontinues the posting of vacancies and defers all Oaths of Office until

after the Public Health Emergency.

Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office

Date: March 31, 2020

Analysis by the Legislative Reference Office

The Boards, Committees, and Commissions law (“BCC Law”) was adopted by the Oneida

Business Committee for the purpose of governing boards, committees, and commissions of the

Nation (collectively “entities”). [1 O.C. 105.1-1]. The BCC Law sets forth such processes as the

appointing and electing of persons to entities, and vests the Oneida Business Committee and the

Oneida General Tribal Council with the authority to, among other actions, create entities, dissolve

entities, fill vacancies on entities and administer the oath necessary for members to begin acting

on an entities’ behalf. [1 O.C. 105.4,105.6, 105.9 & 105.17].

The Budget Management and Control law (“Law”) was adopted by the Oneida Business

Committee to set forth directives and guidance regarding short-term and long-term financial

planning through budgeting and contingency planning. [Resolution BC-02-08-17-C].

With respect to contingency planning, the Law directs the Oneida Business Committee to work

with the Chief Financial Officer, executive managers, and managers to create a budget contingency

plan (“Plan”) which provides a strategy for the Nation to respond to extreme financial distress that

could negatively impact the Nation. [1 O.C. 121.4-3]. As part of the Plan, the Oneida Business

Committee may require stabilization funds, reductions of expenditures, furloughs and other cost

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saving tools provided that such tools comply with the Nation’s laws, specifically its employment

laws, rules and policies. [1O.C. 121.4-3(a)].

The Oneida Business Committee approved the Nation’s Plan in 2017 through adoption of

resolution BC-09-13-17-A. The Oneida Business Committee is responsible for the Plan’s

implementation; provided, it first determines that the Nation is under extreme financial distress.

[1 O.C. 121.4-3]. The Law defines extreme financial distress to include, but not be limited to,

natural or human-made disasters, United States Government shut-downs, Tribal shutdown and

economic downturns. [1 O.C. 121.4-3]. And, the Plan specifies that a human-made disaster

includes a pandemic.

The federal government has proclaimed a public health emergency due to the COVID-19

pandemic, attributing it to large numbers of individuals becoming ill, high mortality rates and

impacts to the stock market, as well as businesses. State governors, including the State of

Wisconsin, have also declared public health emergencies due to the pandemic and state public

health officers have issued orders, for example, closing public schools, limiting public gatherings,

and closing restaurants and bars except for take-out orders.

On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” pursuant to the Emergency Management and Homeland Security law, which triggered

the authority necessary to take action as a result of the pandemic and allows the Nation to seek

reimbursement for emergency management actions that may result in unexpected expenses. [3

O.C. 302.8-1]. Based thereon, the Oneida Business Committee has acted to protect the health and

welfare of the members, employees and community by instituting expenditure restrictions to

preserve resources for the provision of governmental services to members most at risk, closing the

Nation’s gaming operations, and insuring that employees continued to be paid during the public

health emergency as long as the Nation’s resources will allow.

The declaration also met the “extreme financial distress” standard necessary under the Law to

implement the Nation’s budget contingency plan. Accordingly, the Oneida Business Committee

adopted resolution BC-03-17-20-A thereby activating the Plan’s Tier IV budget contingency

measures which provide for a four percent (4%) impact on the Nation’s gaming budget.

The Treasurer has since implemented a COVID-19 Finance Team (“Finance Team”) to monitor

the financial status of the Nation and make recommendations regarding expenditure restrictions

for the remainder of FY2020, budgeting for FY2021, development of directions for a continuing

resolution for FY2021, and other actions necessary to ensure governmental services can continue

to be provided to those most in need and at risk regarding COVID-19 and the health impacts of

the virus. The Finance Team has identified that the Nation can, if funding is carefully managed,

meet the needs of the operations in providing governmental services for a thirty (30) day period

beginning from the closure date of operations.

The boards, committees and commissions of the Nation listed in this resolution provide functions

and services on behalf of the Oneida Nation as identified in their by-laws and in accordance with

the Boards, Committees and Commissions Law and other Tribal law. The Oneida Business

Committee has reviewed this list of entities and agrees that continuing to operate will generate

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expenses that would affect the overall financial status of the Nation. Thus, the Oneida Business

Committee has determined that, in order to preserve funding for the Nation’s necessary

governmental services and activities, the entities listed in this resolution should be placed on

temporary closure. In addition, it has determined that the posting of vacant positions shall be discontinued and the administering of all Oaths of Office deferred until after the Public Health

Emergency.

Conclusion

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

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Placing Listed Boards, Committees and Commissions in Temporary Closure Status

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 federal government has proclaimed a public health emergency related to the spread of

the COVID-19 virus and has identified that the spread of the virus has resulted in large

numbers of individuals becoming ill and high mortality rates, impacts to the stock markets,

and businesses; and

WHEREAS,

state governors, including the State of Wisconsin, have declared public health emergencies

and state public health officers have issued orders, for example, closing public schools,

limiting public gatherings, and closing restaurants and bars except for take-out orders; and

WHEREAS,

on March 12, 2020 the Chairman declared a public health state of emergency, the Oneida

Business Committee took actions to take steps to protect the health and welfare of the

members, employees and the community, including instituting expenditure restrictions to

preserve resources for the provision of governmental services to members most at risk,

closure of the Nation’s gaming operations, and insuring that employees will continued to

be paid during the public health emergency as long as the Nation’s resources will allow;

and

WHEREAS,

the Oneida Business Committee adopted resolution # BC-03-17-2020-A which declared

that Tier IV budget contingency measures are implemented which required a 4% impact

on gaming’s budget; and

WHEREAS,

the Oneida Business Committee adopted resolution # BC-04-__-2020-__, which declared

that Tier V budget contingency measures are implemented and directed expenditure

reductions regarding non-essential government functions and instituted lay-offs regarding

non-critical personnel; and

WHEREAS,

the Treasurer has implemented a COVID-19 Finance Team (Finance Team) to monitor the

financial status of the Nation and make recommendations regarding expenditure

restrictions for the remainder of FY2020, budgeting for FY2021, development of directions

for a continuing resolution for FY2021, and other actions necessary to ensure

governmental services can continue to be provided to those most in need and at risk

regarding COVID-19 and the health impacts of the virus; and

WHEREAS,

the Finance Team has determined the following rules shall apply to all decisions being

made regarding the finances of the Nation and how those limited resources shall be

allocated:

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BC Resolution _____________

Placing Listed Boards, Committees and Commissions in Temporary Closure Status

Page 2 of 2

1. All decisions are employee/member/community empathetic/compassionate

balanced against cash flow; and

2. All decisions shall protect investments; and utilize only available cash; and

WHEREAS,

the Finance Team has identified that the Nation can, if funding is carefully managed, meet

the needs of the operations in providing services for a 30-day period beginning from the

closure date of the gaming operations; and

WHEREAS,

the Finance Team, working closely with Intergovernmental Affairs and Communications, is

kept up-to-date regarding federal emergency funding opportunities which will assist the

Nation in managing the public health crises and has identified that the Nation has a

potential gap of 30 to 60 days where federal financial assistance will be authorized and

delivered; and

WHEREAS,

the Finance Team, working closely with the Grants Office, has identified that granting

agencies will be providing approvals to delay or amend existing grants considering the

current public health crises which will assist the Nation in managing expenses during the

financial constraints; and

WHEREAS,

boards, committees and commissions of the Nation listed in this resolution provide

functions and services on behalf of the Oneida Nation as identified in their by-laws and in

accordance with the Boards, Committees and Commissions Law and other Tribal law; and

WHEREAS,

the Oneida Business Committee has reviewed the list of boards, committees and

commissions and agrees that continuing to operate, generating expenses affecting the

overall financial status of the Nation and has determined that these entities should be

placed on temporary closure to preserve funding for necessary governmental services and

activities;

Temporary Closure of Boards, Committees and Commissions

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee directs that the following

broads, committees and commissions are placed on temporary closure during the Public Health

Emergency.

1. Oneida Community Library Board;

2. Oneida Environmental Resources Board;

3. Oneida Nation Arts Board;

4. Oneida Nation Veterans Affairs Committee;

5. Oneida Personnel Commission;

6. Oneida Pow Wow Committee;

7. Pardon and Forgiveness Screening Committee;

8. Southeast Wisconsin Oneida Tribal Social Services Advisory Board;

9. Oneida Land Claims Commission; and

10. Oneida Nation Commission on Aging.

Posting of Vacancies

NOW THEREFORE BE IT FURTHER RESOLVED, that posting of vacancies shall be discontinued during

the Public Health Emergency.

Oath of Office

NOW THEREFORE BE IT FINALLY RESOLVED, that all Oaths of Office shall be deferred until after the

Public Health Emergency.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida·nsn.gov

r'\

OODDDO

ONEIDA

CO VID-19 Core Decision Making Team Declaration

Suspension of all Non-Emergent Expenses & Stipends and Activity by Certain

Boards, Committees and Commissions

March 19, 2020

The world is currently facing a pandemic of the coronavirus disease 2019 (COVID-19). The COVID-19

outbreak originated in Wuhan, China and has spread to many other countries throughout the world,

including the United States. The World Health Organization has identified that the spread of COVID-19 is

now a pandemic resulting in many countries experiencing the effects of illness and health issues related to

COVID-19 and economic impacts.

On March 12, 2020, Chairman Tehassi Hill signed a "Declaration of Public Health State of Emergency"

regarding COVID-19 which set into place the necessary authority should action need to be taken and allows

the Nation to seek reimbursement of emergency management actions that may result in unexpected

expenses.

On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the Emergency

Management and Homeland Security law to create and delegate authority to a COVID-19 Core Decision

Making Team (COVID-19 Team). [3 O.C. 302.10}. When a public health emergency has been declared,

the COVID-19 Team has the authority to declare exceptions to the Nation' s laws, policies, procedures,

regulations, or standard operating procedures during the emergency period which will be of immediate

impact for the purposes of protecting the health safety, and general welfare of the Nation's community,

members, and employees. [3 O.C. 302.10-2}.

The Boards, Committees and Commission Law identifies in section " 105.13. Stipends, Reimbursement

and Compensation" how Boards, Committees and Commissions will be compensated for their work.

Specifically, the law states in section " l 05.13-2. The Oneida Business Committee shall set stipend amounts

by resolution. The Oneida Business Committee shall periodically review the amounts provided for stipends

and, based on the availability of funds, shall adjust those amounts accordingly by amending the resolution.

Stipends are paid in the form of cash or cash equivalent, which may include, but is not limited to, gift

cards." Lastly, the law states all by-laws shall include Article V titles Stipends and Compensation.

Boards, Committees and Commissions activities can also create contact and spread of COVID-19 through

meetings and gatherings. There has been a change in spread of the virus from person-to-person to

community spread identified by the CDC and Public Health Officials. Community spread means that there

are instances of positive tests for COVID-19 where no contact with an infected person has occurred. It is

now necessary to discontinue meetings of Boards, Committees and Commissions.

Stipends. The Nation is immediately acting to preserve cash flow to provide funds for regular wages to

employees throughout the emergency declaration period. The COVID-19 Team hereby declares a

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A good mind. A good heart. A strong fi re.

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suspension of all budget expenditures, and stipends shall cease for the following Boards, Committees and

Commissions:

1. Oneida Community Library Board;

2. Oneida Environmental Resources Board;

3. Oneida Nation Arts Board;

4. Oneida Nation Veterans Affairs Committee;

5. Oneida Personnel Commission;

6. Oneida Pow Wow Committee;

7. Pardon and Forgiveness Screening Committee;

8. Southeast Wisconsin Oneida Tribal Social Services Advisory Board;

9. Finance Committee, Public Member;

10. Audit Committee, Public Member;

11. Oneida Land Claims Commission; and

12. Oneida Nation Commission on Aging.

Meetings. All meetings for the following Boards, Committees and Commissions shall be discontinued

effective 4:30 p.m. on March 19, 2020.

1. Oneida Community Library Board;

2. Oneida Environmental Resources Board;

3. Oneida Nation Arts Board;

4. Oneida Nation Veterans Affairs Committee;

5. Oneida Personnel Commission;

6. Oneida Pow Wow Committee;

7. Pardon and Forgiveness Screening Committee;

8. Southeast Wisconsin Oneida Tribal Social Services Advisory Board;

9. Oneida Land Claims Commission; and

10. Oneida Nation Commission on Aging.

For Boards, Committees and Commissions not specifically identified in this order, it is recommended that

meetings be discontinued effective 4:30 p.m. on March 19, 2020. Where meetings must be held, remote

meeting processes is required ..

This declaration shall be made effective immediately and shall remain in effect for the duration of the

Nation's public health emergency.

·~

Oneida Nation Chairman

A good mind. A good heart. A strong fire .

ONEIDA

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Adopt five (5) resolutions regarding Financial Resources Protection

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Oneida Nation

Oneida Business Committee

Office of Treasurer

PO Box 365 ● Oneida, WI 54155-0365

oneida-nsn.gov

MEMORANDUM

TO:

Oneida Business Committee

FROM:

Patricia King, Treasurer

DATE:

March 25, 2020

SUBJECT: Recommendation to Adopt Financial Resources Protection Resolutions

I have called together a team of individuals to assess the financial impact on the Oneida Nation

as a result of the COVID-19 pandemic and more closely affecting the Nation, closure of our

gaming operations. That team consists of the following individuals - Larry Barton, Chief

Financial Officer, RaLinda Ninham-Lambries, Assistant Chief Financial Officer, Jo Anne House,

Chief Counsel, and Debbie Thundercloud, General Manager. We have brought in others as

needed when more technical information was needed.

In short, the Nation has limited cash resources available to keep operations open and providing

services. Our analysis identifies that for every week gaming operations remains closed we have

an additional 13% reduction in future gaming revenues.

We have been working closely with Intergovernmental Affairs and Communications, specifically

Candice Skenandore, Self-Governance, to monitor federal government actions and potential

emergency funding resources for states and tribal governments. These actions may provide

supplemental funding or modify existing federal/state programs regarding employment and

businesses that can help the Nation manage financial resources.

The Nation has funds available in cash accounts and in investments. At this time, liquidating any

investment will result in a significant loss. The financial market is significantly down, and we

would likely be selling any investments we have at less than the value we paid for them. My

team has developed a policy decision matrix for any decisions that we have made and

recommendations to the Oneida Business Committee.

1. All decisions are employee/member/community empathetic/compassionate balanced

against cash flow; and

2. All decisions shall protect investments; and utilize only available cash.

Because of this, we have been very careful in how the expenditures are incurred and

recommendations we are making to manage cash flow of the Nation. The attached resolutions

are strategic requests that affect budgeted actions and programs.

A good mind. A good heart. A strong fire.

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Page 2

Tier V Budget Contingency Declared for Remainder of Fiscal Year 2020

The Nation needs to immediately reduce expenses. Since adoption of Tier IV Budget

Contingency the organization has taken significant steps, but more will be needed. This

declaration will likely result in lay offs of employees and closure of services. The resolution

directs reductions to essential services and essential employee levels, restriction on all travel,

closure or cancellation of CapEx, CIP and Technology Set-Asides, and restrictions on Building

Maintenance and Repairs line.

Impact: This recommendation does not add to available cash resources, it stops an expenditure

that would further impact available funding.

General Membership and Elder (age 62+) Per Capita Payment for Fiscal Year 2020 Halted in

Light of Public Health Emergency and Impact on Finances

The Nation accrues revenues to make these payments in September of each fiscal year. The

closure of the gaming operations halted our ability to accrue the funds needed to make these

payments. The estimated cost of the General Membership per capita is $22 million, and the Elder

Per Capita (age 62+) is $16 million. The Nation does not have $38 million to make these

payments.

Impact: This recommendation does not add to available cash resources, it stops an expenditure

that would further impact available funding.

The Elder Per Capita Endowment (age 65+) will be made as scheduled. The amount is subject to

approval of the Trust Enrollment Committee and the trust documents.

Deferring Payments to OLIPP and Elder Endowments

The budget identifies that the Nation will provide $500,000 each to the Oneida Life Insurance

Plan Plus and the Elder Endowment as supplemental payments. We have initially determined

that deferring these payments will not have a negative impact on the current stability of these

funds. We have asked Trust Enrollment Department to utilize existing resources with the funds

for any necessary payments that will be required.

Impact: This recommendation does not add to available cash resources, it stops an expenditure

that would further impact available funding.

Halting General Tribal Council Meeting Stipend Payments for FY2020 and FY2021

This recommendation reduces potential expenses of $180,000 to $200,000 per meeting. This is

estimated at $720,000 to $800,000 if four meetings are scheduled. I recognize that with the

public health emergency declaration, it is unlikely we will be scheduling and holding General

Tribal Council meetings, this action will assist in recovery of the financial resources of the

Nation once the emergency is concluded and gaming operations resume.

Impact: This recommendation does not add to available cash resources, it stops an expenditure

that would further impact available funding.

A good mind. A good heart. A strong fire.

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Page 3

Reducing the General Tribal Council Higher Education Scholarship Payments for FY2020

and FY2021

This recommendation reduces the $20,000/$30,000 higher education scholarship to $5000 per

year for FY2020 and FY2021. Each fiscal year the Nation pays out approximately $12.5 million

in scholarship funding. The recommendation would provide some assistance, although much

reduced, so that students will continue to attend colleges and universities to obtain their degrees.

This is a long term need of the Nation we must fund to keep us on the forefront of knowledge

resources, but we do not have sufficient cash to maintain this level of expenditure. The team

continues to review ongoing federal support activities, and we hope that those actions of

forgiving or otherwise reducing student loans will help members impacted during this two-year

period. We have also recommended that this is a priority to be refunded at full levels when

finances become available to do so.

Impact: This recommendation does not add to available cash resources, it stops an expenditure

that would further impact available funding.

Thank you for considering these recommended resolutions.

A good mind. A good heart. A strong fire.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Tier V Budget Contingency Declared for Remainder of Fiscal Year 2020

Summary

This resolution adopts Tier V budget reductions from the Budget Contingency Plan beginning

immediately in accordance with section 121.4-3 of the Budget Management and Control law.

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

Date: March 25, 2020

Analysis by the Legislative Reference Office

The Budget Management and Control law (“the Law”) was adopted by the Oneida Business

Committee to set forth the requirements to be followed by the Oneida Business Committee and

Oneida fund units when preparing the budget to be presented to the General Tribal Council for

approval and to establish a triennial strategy planning process for the Nation’s budget. [1 O.C.

121.1-1].

The Law requires the Oneida Business Committee to work with the Chief Financial Officer,

executive managers, and managers to create a budget contingency plan which provides a strategy

for the Nation to respond to extreme financial distress that could negatively impact the Nation. [1

O.C. 121.4-3]. The Oneida Business Committee is then required to approve the budget

contingency plan by resolution. [1 O.C. 1214-3]. The Oneida Business Committee adopted the

Nation’s Budget Contingency Plan through resolution BC-09-13-17-A.

The Oneida Business Committee then is responsible for the implementation of the budget

contingency plan, provided that the Oneida Business Committee first makes a determination that

the Nation is under extreme financial distress. [1 O.C. 1214-3]. Extreme financial distress

includes, but is not limited to, natural or human made disasters, United States Government

shutdown, Tribal shutdown, and economic downturns. [1 O.C. 1214-3].

The federal government has proclaimed a public health emergency related to the spread of the

COVID-19 virus and has identified that the spread of the virus has resulted in large numbers of

individuals becoming ill and high mortality rates, impacts to the stock markets, and businesses.

State governors, including the State of Wisconsin, have declared public health emergencies and

state public health officers have issued orders, for example, closing public schools, limiting public

gatherings, and closing restaurants and bars except for take-out orders.

In accordance with the authority granted to the Oneida Business Committee through the

Emergency Management and Homeland Security law, on March 12, 2020, Chairman Tehassi Hill

signed a “Declaration of Public Health State of Emergency” which sets into place the necessary

authority should action need to be taken, and allows the Oneida Nation to seek reimbursement of

emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1].

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A public health emergency means that the occurrence or imminent threat of an illness or health

condition which is a quarantinable disease; and poses a high probability of a large number of deaths

or serious or long-term disability among humans. [3 O.C. 302.3-1(o)].

Since the declaration of a public health emergency, the Oneida Business Committee has taken

action to protect the health and welfare of the members, employees and the community, including

instituting expenditure restrictions to preserve resources for the provision of governmental services

to members most at risk, closure of the Nation’s gaming operations, and insuring that employees

will continued to be paid during the public health emergency as long as the Nation’s resources will

allow.

The declaration of a public health emergency by the Nation and the potential financial impacts of

the COVID-19 pandemic met the Law’s requirement that the Nation be under extreme financial

distress for the budget contingency plan to be implemented.

The Oneida Business Committee adopted resolution BC-03-17-20-A which declared that Tier IV

budget contingency measures are implemented which required a four percent (4%) reduction in

overall expenditures and budgets.

Since the adoption of resolution BC-03-17-20-A, the Treasurer has implemented a COVID-19

Finance Team (Finance Team) to monitor the financial status of the Nation and make

recommendations regarding expenditure restrictions for the remainder of FY2020, budgeting for

FY2021, development of directions for a continuing resolution for FY2021, and other actions

necessary to ensure governmental services can continue to be provided to those most in need and

at risk regarding COVID-19 and the health impacts of the virus.

The Chief Financial Officer, Treasurer, and Finance Team are recommending the Oneida Business

Committee adopt a resolution declaring a Tier V budget contingency be implemented. The Oneida

Business Committee, after being informed regarding the current financial status and near-term

future financial resources, has determined that implementation of Tier V budget reductions for the

remainder of FY2020 is needed to preserve funding for necessary governmental services and

activities

This resolution then adopts the following Tier V budget reductions from the Budget Contingency

Plan (Tier V – 5%, Oneida Business Committee identifies mandatory cuts across the Nation)

beginning immediately in accordance with section 121.4-3 of the Budget Management and Control

Law.

The resolution then provides that the Operations shall reduce all funding to essential services, only,

to the greatest extent possible until the end of Fiscal Year 2020, or until formerly announced

otherwise, to maintain viability of the Nation and its’ organization so long as the Nation is

financially able to allocate funding. The resolution clarifies that essential services should be

understood as including employee payroll as defined in the third resolve of this resolution, direct

costs to provide the service, and indirect costs.

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The resolution provides that employee levels are to be managed at essential employee levels only.

Essential employee shall be defined as the minimum level necessary to provide essential programs

and/or services as defined in the second resolve of this resolution.

Additionally, this resolution prohibits all travel, and puts on hold all Capital Expenditures, Capital

Improvement Projects, and Technology Set Asides for the remainder of Fiscal Year 2020. The

resolution then provides more detail on how projects that have been activated to various degrees

shall be handled moving forward. The resolution also provides that all expenses arising out of the

Building Maintenance Repairs line shall be restricted to emergency health, safety, or regulatory

actions.

Conclusion

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

Page 3 of 3

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Tier V Budget Contingency Declared for Remainder of Fiscal Year 2020

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 federal government has proclaimed a public health emergency related to the spread of

the COVID-19 virus and has identified that the spread of the virus has resulted in large

numbers of individuals becoming ill and high mortality rates, impacts to the stock markets,

and businesses; and

WHEREAS,

state governors, including the State of Wisconsin, have declared public health emergencies

and state public health officers have issued orders, for example, closing public schools,

limiting public gatherings, and closing restaurants and bars except for take-out orders; and

WHEREAS,

on March 12, 2020 the Chairman declared a public health state of emergency, the Oneida

Business Committee took actions to take steps to protect the health and welfare of the

members, employees and the community, including instituting expenditure restrictions to

preserve resources for the provision of governmental services to members most at risk,

closure of the Nation’s gaming operations, and insuring that employees will continued to

be paid during the public health emergency as long as the Nation’s resources will allow;

and

WHEREAS,

the Oneida Business Committee adopted resolution # BC-03-17-2020-A which declared

that Tier IV budget contingency measures are implemented which required a 4% reduction

in overall expenditures and budgets; and

WHEREAS,

the Treasurer has implemented a COVID-19 Finance Team (Finance Team) to monitor the

financial status of the Nation and make recommendations regarding expenditure

restrictions for the remainder of FY2020, budgeting for FY2021, development of directions

for a continuing resolution for FY2021, and other actions necessary to ensure

governmental services can continue to be provided to those most in need and at risk

regarding COVID-19 and the health impacts of the virus; and

WHEREAS,

the Finance Team has determined the following rules shall apply to all decisions being

made regarding the finances of the Nation and how those limited resources shall be

allocated:

1. All decisions are employee/member/community empathetic/compassionate

balanced against cash flow; and

2. All decisions shall protect investments; and utilize only available cash; and

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101

62 of 236

BC Resolution _____________

Tier V Budget Contingency Declared for Remainder of Fiscal Year 2020

Page 2 of 3

WHEREAS,

the Finance Team has identified that the Nation can, if funding is carefully managed, meet

the needs of the operations in providing services for a 30-day period beginning from the

closure date of the gaming operations; and

WHEREAS,

the Finance Team, working closely with Intergovernmental Affairs and Communications, is

kept up-to-date regarding federal emergency funding opportunities which will assist the

Nation in managing the public health crises and has identified that the Nation has a

potential gap of 30 to 60 days where federal financial assistance will be authorized and

delivered; and

WHEREAS,

the Finance Team, working closely with the Grants Office, has identified that granting

agencies will be providing approvals to delay or amend existing grants considering the

current public health crises which will assist the Nation in managing expenses during the

financial constraints; and

WHEREAS,

the Chief Financial Officer, Treasurer, and Finance Team, are recommending the Oneida

Business Committee adopt a resolution declaring a Tier V budget contingency be

implemented; and

WHEREAS,

the Oneida Business Committee, after being informed regarding the current financial status

and near-term future financial resources, has determined that implementation of Tier V

budget reductions for the remainder of FY2020 is needed to preserve funding for necessary

governmental services and activities;

Tier V Budget Contingency Declaration

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee adopts Tier V budget

reductions from the Budget Contingency Plan (Tier V – 5%, Oneida Business Committee identifies

mandatory cuts across the Nation) beginning immediately in accordance with section 121.4-3 of the Budget

Management and Control Law.

Essential Services

NOW THEREFORE BE IT FURTHER RESOLVED, that the Operations shall reduce all funding to essential

services, only, to the greatest extent possible until the end of FY 2020, or until formerly announced

otherwise, to maintain viability of the Nation and its’ organization so long as the Nation is financially able to

allocate funding. Essential services for the purposes of this Resolve should be understood as including

employee payroll as defined in resolve #3, direct costs to provide the service, and indirect costs.

Essential Employee Levels

NOW THEREFORE BE IT FURTHER RESOLVED, that employee levels are to be managed at essential

employee levels only. Essential employee shall be defined as the minimum level necessary to provide

essential programs / services as defined in resolve #2.

Travel

NOW THEREFORE BE IT FURTHER RESOLVED, that all travel is prohibited.

Capital Expenditures, Capital Improvement Projects and Technology Set Asides

NOW THEREFORE BE IT FURTHER RESOLVED, that Capital Expenditures, Capital Improvement

Projects, and Technology Set Asides are on hold for the Fiscal Year 2020; however, all projects that have

been activated shall take the following steps.

1. All projects for which a contract has been signed and physical work on-site has begun shall be shut

down as follows:

a. Stopping work and closing project activities to leave the project in a safe state until it can

be restarted.

b. Stopping work and closing project activities to leave the project in a safe state in the event

it will not be restarted.

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BC Resolution _____________

Tier V Budget Contingency Declared for Remainder of Fiscal Year 2020

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Concluding any remaining work, such as punch-lists, in a manner which limits the financial

impact to the Nation but closes the project in accordance with the contract.

2. All projects for which a contract has been signed and physical work on-site has not begun shall be

shut down immediately and closure of the contract as follows:

a. Stopping work and closing project activities so the project can be re-started at some future

date.

b. Stopping work and closing project activities recognizing the project will not be restarted at

some future date.

3. All contracts not signed and posted requests for bids or proposals shall be withdrawn.

Building Maintenance and Repairs Expenses

NOW THEREFORE BE IT FINALLY RESOLVED, all expenses arising out of the Building Maintenance

Repairs line shall be restricted to emergency health, safety, or regulatory actions.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

General Membership and Elder (age 62+) Per Capita Payment for Fiscal Year 2020 Halted in

Light of Public Health Emergency and Impact on Finances

Summary

This resolution declares that the Fiscal Year 2020 General Membership and Elder Per Capita (age

62+) payments shall be halted, but the Fiscal Year 2020 Elder Per Capita Endowment (age 65+)

payments shall continue as scheduled as directed by the Oneida Trust Enrollment Committee.

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

Date: March 25, 2020

Analysis by the Legislative Reference Office

The Nation’s Per Capita law specifies the procedure to be followed in the event that per capita

payments are distributed by the Nation; and clearly provides the responsibilities of the various

Oneida entities in the distribution or maintenance of any such per capita payments. [1 O.C. 123.11]. The Per Capita law does not in itself mandate a per capita payment, per capita payments may

only be issued at the direction of the General Tribal Council through the adoption of a resolution.

[1 O.C. 123.4-3].

Resolution BC-04-12-17-A titled, “Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal

Year 2021 Adopted by General Tribal Council on June 13, 2016” provides that in accordance with

the duly adopted Per Capita law, the Oneida Business Committee implements the action of the

General Tribal Council and directs the per capita payment of one thousand and three hundred

dollars ($1,300) to every member be included in the budgets for Fiscal Years 2017, 2018, 2019,

2020, and 2021.

This resolution declares the Fiscal Year 2020 General Membership and Fiscal Year 2020 Elder

Per Capita (age 62+) to be halted, while the Fiscal Year 2020 Elder Per Capita Endowment (age

65+) payment shall continue as scheduled as directed by the Oneida Trust Enrollment Committee.

The federal government has proclaimed a public health emergency related to the spread of the

COVID-19 virus and has identified that the spread of the virus has resulted in large numbers of

individuals becoming ill and high mortality rates, impacts to the stock markets, and businesses.

Wisconsin Governor Tony Evers, as well as other state governors throughout the United States,

have declared public health emergencies and state public health officers have issued orders, for

example, closing public schools, limiting public gatherings, and closing restaurants and bars except

for take-out orders.

In accordance with the authority granted to the Oneida Business Committee through the

Emergency Management and Homeland Security law, on March 12, 2020, Chairman Tehassi Hill

signed a “Declaration of Public Health State of Emergency” which sets into place the necessary

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authority should action need to be taken, and allows the Oneida Nation to seek reimbursement of

emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1].

Since the declaration of a public health emergency, the Oneida Business Committee has taken

action to protect the health and welfare of the members, employees and the community, including

instituting expenditure restrictions to preserve resources for the provision of governmental services

to members most at risk, closure of the Nation’s gaming operations, and insuring that employees

will continued to be paid during the public health emergency as long as the Nation’s resources will

allow.

The declaration of a public health emergency by the Nation and the potential financial impacts of

the COVID-19 pandemic met the Budget Management and Control law’s requirement that the

Nation be under extreme financial distress for the budget contingency plan to be implemented. The

Oneida Business Committee adopted resolution BC-03-17-20-A which declared that Tier IV

budget contingency measures are implemented which required a four percent (4%) reduction in

overall expenditures and budgets. On April 8, 2020, the Oneida Business Committee will consider

the adoption of a resolution declaring that Tier V budget contingency measures be implemented.

Based on the COVID-19 public health emergency, this resolution provides that although the

General Membership and Elder Per Capita payments have been budgeted for Fiscal Year 2020 in

accordance with resolution BC-04-12-17-A, those payments shall be halted based on the fact that

funds for these payments are accrued over the fiscal year based on the revenues generated from

the gaming operations, which have been closed to assist in stopping the spread of COVID-19. The

funds for payments for the Elder Per Capita Endowment, on the other hand, come from the Elder

Per Capita Endowment which was created by the General Tribal Council in 1990, and therefore

shall continue as scheduled as directed by the Oneida Trust Enrollment Committee.

Conclusion

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

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Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

General Membership and Elder (age 62+) Per Capita Payment for Fiscal Year 2020 Halted in Light

of Public Health Emergency and Impact on Finances

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 federal government has proclaimed a public health emergency related to the spread of

the COVID-19 virus and has identified that the spread of the virus has resulted in large

numbers of individuals becoming ill and high mortality rates, impacts to the stock markets,

and businesses; and

WHEREAS,

state governors, including the State of Wisconsin, have declared public health emergencies

and state public health officers have issued orders, for example, closing public schools,

limiting public gatherings, and closing restaurants and bars except for take-out orders; and

WHEREAS,

on March 12, 2020 the Chairman declared a public health state of emergency, the Oneida

Business Committee took actions to take steps to protect the health and welfare of the

members, employees and the community, including instituting expenditure restrictions to

preserve resources for the provision of governmental services to members most at risk,

closure of the Nation’s gaming operations, and insuring that employees will continued to

be paid during the public health emergency as long as the Nation’s resources will allow;

and

WHEREAS,

the Oneida Business Committee adopted resolution # BC-03-17-2020-A which declared

that Tier IV budget contingency measures are implemented which required a 4% reduction

in overall expenditures and budgets; and

WHEREAS,

the Treasurer has implemented a COVID-19 Finance Team (Finance Team) to monitor the

financial status of the Nation and make recommendations regarding expenditure

restrictions for the remainder of FY2020, budgeting for FY2021, development of directions

for a continuing resolution for FY2021, and other actions necessary to ensure

governmental services can continue to be provided to those most in need and at risk

regarding COVID-19 and the health impacts of the virus; and

WHEREAS,

the Finance Team has determined the following rules shall apply to all decisions being

made regarding the finances of the Nation and how those limited resources shall be

allocated:

1. All decisions are employee/member/community empathetic/compassionate

balanced against cash flow; and

2. All decisions shall protect investments; and utilize only available cash; and

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BC Resolution _____________

General Membership and Elder (age +62) Per Capita Payment for Fiscal Year 2020 Halted in Light of Public Health

Emergency and Impact on Finances

Page 2 of 2

WHEREAS,

the Finance Team has identified that the Nation can, if funding is carefully managed, meet

the needs of the operations in providing governmental services for a 30-day period

beginning from the closure date of the gaming operations; and

WHEREAS,

the Finance Team, working closely with Intergovernmental Affairs and Communications, is

kept up-to-date regarding federal emergency funding opportunities which will assist the

Nation in managing the public health crises and has identified that the Nation has a

potential gap of 30 to 60 days where federal financial assistance will be authorized and

delivered; and

WHEREAS,

the Finance Team, working closely with the Grants Office, has identified that granting

agencies will be providing approvals to delay or amend existing grants considering the

current public health crises which will assist the Nation in managing expenses during the

financial constraints; and

WHEREAS,

the General Tribal Council has adopted per capita payment plans for the general

membership and elders

• General Membership Per Capita of $1300, estimated at $22 million;

• Elder Per Capita of $2000 (age 62+), estimated at $16 million; and

• Elder Per Capita of $703.84 (age 65+), coming out of the Elder Percap, Higher

Education and General Welfare Trust; and

WHEREAS,

the General Tribal Council has always identified a need to maintain essential governmental

services, and identifying potential loss of gaming revenues as a reason for discontinuing

per capita payments; and

WHEREAS,

per capita payments for the General Membership payment and the Elder Per Capita

payment are accrued over the fiscal year based on the revenues generated from the

gaming operations which have been closed to assist in stopping the spread of COVID-19;

and

WHEREAS,

the Elder Per Capita Endowment, created in 1990 by the General Tribal Council, contains

funds for the payment of the Elder Per Capita Endowment payment; and

WHEREAS,

the Oneida Business Committee, after being informed regarding the current financial status

of the Nation and the long-term impact of closing the gaming operations as well as the

impact of the virus on restarting the economy;

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee declares the FY2020 General

Membership Per Capita payment be halted.

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee declares the FY2020 Elder Per

Capita (age 62+) payment be halted.

NOW THEREFORE BE IT FINALLY RESOLVED, that the FY2020 Elder Per Capita Endowment (age 65+)

payment shall continue as scheduled as directed by the Trust Enrollment Committee.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Deferring Payments to OLIPP and Elder Endowments

Summary

This resolution defers the FY2020 supplemental payments that were budgeted for the Oneida Life

Insurance Plan Plus and the Elder Endowments to allow for the Nation to maintain the necessary

governmental services during this period of financial constraint caused by the COVID-19

pandemic.

Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office

Date: March 27, 2020

Analysis by the Legislative Reference Office

The Nation’s Endowments law sets forth the process for the establishment and maintenance of all

endowment fund accounts established by the Oneida Nation. [1 O.C. 131-1]. Per the Endowments

law, the Oneida Business Committee is delegated oversight authority over the Nation’s endowment

fund accounts. [1 O.C. 131.4-1].

The Endowments law has specific provisions governing the transfer of account funds [See e.g., 1

O.C. 131.8-2 (“transfer of funds shall not be allowed if the principal of the account is less than

ten thousand dollars ($10,000)) …”] and the reduction of an account’s principal [See e.g., 1 O.C.

131.9-1 (“[t]he reduction of an endowment fund account which contains five hundred thousand

dollars ($500,000) or more shall require a two-thirds (2/3) vote of the Oneida General Tribal

Council.”)]. However, it does not mandate that supplemental payments or contributions be made

to any endowment funds established thereunder.

In resolution GTC-08-19-91-B, the Oneida General Tribal Council set an annual contribution of

five hundred thousand dollars ($500,000) toward the Nation’s Elder Endowments entitled the

Elderly Trust Plan. And, in resolution GTC-1-17-09-B, it approved the Oneida Life Insurance Plan

Plus (“OLIPP”) presented by the Oneida Business Committee for the provision of life insurance

benefits to the membership and directed that it be implemented for FY2010. According to the

resolution at issue, a five hundred thousand-dollar ($500,000) contribution to OLIPP was budgeted

for FY2020.

In this resolution, the Oneida Business Committee directs that the budgeted supplemental

payments of five hundred thousand dollars ($500,000) each to OLIPP and the Elder Endowments

be deferred during Fiscal Year 2020.

The Budget Management and Control law (“Law”) was adopted by the Oneida Business

Committee to set forth directives and guidance regarding short-term and long-term financial

planning through budgeting and contingency planning. [Resolution BC-02-08-17-C].

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