Oneida Business Committee (2018)
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Public Packet
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Oneida Business Committee
Executive Session
10:00 AM Tuesday, December 11, 2018
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 AM Wednesday, December 12, 2018
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.
I.
CALL TO ORDER
II.
OPENING
A.
Special Recognition for Years of Service
Sponsor: Geraldine Danforth, Area Manager/Human Resources
III.
ADOPT THE AGENDA
IV.
MINUTES
A.
V.
Approve the November 28, 2018, regular Business Committee meeting minutes
Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary
RESOLUTIONS
A.
Adopt resolution entitled FY 2019-2022 Oneida Nation Tribal Transportation
Improvement Plan (TTIP) and FY 2019 TTP Retained Services Agreement (RSA)
Sponsor: Troy Parr, Division Director/Community & Economic Development
B.
Adopt resolution entitled Updating and Clarifying Access to the Economic
Development, Diversification and Community Development Fund
Sponsor: Trish King, Treasurer
Oneida Business Committee
Regular Meeting Agenda
Page 1 of 5
December 12, 2018
Public Packet
VI.
VII.
2 of 153
APPOINTMENTS
A.
Determine next steps regarding one (1) vacancy term ending December 31, 2021 Oneida Nation Veterans Affairs Committee
Sponsor: Jennifer Webster, Councilwoman
B.
Determine next steps regarding one (1) vacancy term ending February 29, 2020 Oneida Pow-wow Committee
Sponsor: Ernie Stevens III, Councilman
C.
Determine next steps regarding one (1) vacancy - Oneida Nation School Board (AtLarge)
Sponsor: Brandon Stevens, Vice-Chairman
STANDING COMMITTEES
A.
FINANCE COMMITTEE
1.
B.
C.
LEGISLATIVE OPERATING COMMITTEE
1.
Accept the November 21, 2018, regular Legislative Operating Committee
meeting minutes
Sponsor: David P. Jordan, Councilman
2.
Approve the adoption packet for Election Law Amendments for consideration
at the January 21, 2019, special GTC meeting
Sponsor: David P. Jordan, Councilman
QUALITY OF LIFE COMMITTEE
1.
VIII.
Approve the December 3, 2018, regular Finance Committee meeting minutes
Sponsor: Trish King, Treasurer
Accept the October 11, 2018, regular Quality of Life Committee meeting
minutes
Sponsor: Brandon Stevens, Vice-Chairman
TRAVEL REPORTS
A.
Approve travel report - Councilman Ernie Stevens III - Three (3) events - Milwaukee,
WI and New York, NY - September 5-7, 2018
Sponsor: Ernie Stevens III, Councilman
1.
2.
3.
Department of Natural Resources (DNR) Annual Tribal Consultation
5th Annual Media for Social Impact Summit
2018 Indian Summer Festival Tribal Leaders Meeting
Oneida Business Committee
Regular Meeting Agenda
Page 2 of 5
December 12, 2018
Public Packet
IX.
X.
XI.
3 of 153
B.
Approve travel report - Councilman Kirby Metoxen - Native American Tourism of
Wisconsin (NATOW) Board meeting and Great Lakes Inter-tribal Council, Inc.
(GLITC) Board meeting - Wisconsin Dells, WI - November 12-14, 2018
Sponsor: Kirby Metoxen, Councilman
C.
Approve travel report - Councilmen David P. Jordan and Kirby Metoxen - New
Horizons 2018 Wisconsin Tribal Transportation Conference & Wisconsin Department
of Transportation meeting - Milwaukee, WI - November 5-7, 2018
Sponsor: David P. Jordan, Councilman; Kirby Metoxen, Councilman
TRAVEL REQUESTS
A.
Approve travel request in accordance with § 219.16-1 - Nine (9) Oneida Nation
Veterans Affairs Committee members - 74th Anniversary Ira Hayes Iwo Jima Flag
Raising Ceremony - Sacaton, AZ - February 22-24, 2019
Sponsor: James Martin, Chair/ONVAC
B.
Approve travel request - Councilwoman Jennifer Webster - Indian Health Care
Improvement Fund (IHCIF) - Arlington, VA - February 11-14, 2019
Sponsor: Jennifer Webster, Councilwoman
NEW BUSINESS
A.
Approve two (2) actions regarding funding for Oneida language classes in area
public school districts (item scheduled for 9:00 a.m.)
Sponsor: George Skenandore, Division Director/Governmental Services
B.
Post three (3) vacancies for parent/guardian positions - Oneida Nation School Board
Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary
C.
Re-post one (1) vacancy - Oneida Community Library Board
Sponsor: Business Committee Support Office on behalft of Lisa Summers, Secretary
D.
Approve NHC SOP entitled Building Access Control for Norbert Hill Center
Sponsor: Tehassi Hill, Chairman
REPORTS
A.
ELECTED BOARDS, COMMITTEES, COMMISSIONS
1.
Determine next steps regarding the Oneida Land Commission FY-2018 4th
quarter report (item not submitted)
Sponsor: Rae Skenandore, Chair/OLC
Oneida Business Committee
Regular Meeting Agenda
Page 3 of 5
December 12, 2018
Public Packet
XII.
XIII.
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GENERAL TRIBAL COUNCIL
A.
Approve three (3) actions regarding the FY-2020 Budget
Sponsor: Trish King, Treasurer
B.
Defer the notice and materials for the January 21, 2019, tentatively scheduled GTC
meeting to the December 14, 2018, special BC meeting for approval
Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary
EXECUTIVE SESSION
A.
REPORTS
1.
Accept the Intergovernmental Affairs, Communications, and Self-Governance
November 2018 report
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Excerpt from November 29, 2018: Motion by David P. Jordan to defer the Intergovernmental Affairs, Communications, and Self-Governance November 2018
report to the December 12, 2018, regular Business Committee meeting, seconded
by Trish King. Motion carried.
2.
B.
Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
UNFINISHED BUSINESS
1.
Accept the update regarding 1940 W Mason St property
Sponsor: Patrick Pelky, Division Director/Environmental, Health, Safety & Land
Excerpt from November 29, 2018: Motion by Trish King to direct the Environmental,
Health, Safety & Land Division Director to provide an update on the 1940 W. Mason
St. property to the identified parties for the December 11, 2018, Business
Committee executive session discussion, seconded by Ernie Stevens III. Motion
carried.
2.
C.
File # ED18-029 - Accept the update
Sponsor: Troy Parr, Division Director/Community & Economic Development
NEW BUSINESS
1.
Review applications for one (1) vacancy for term ending December 31, 2021 Oneida Nation Veterans Affairs Committee
Sponsor: Jennifer Webster, Councilwoman
2.
Review applications for one (1) vacancy for term ending February 29, 2020 Oneida Pow-wow Committee
Sponsor: Ernie Stevens III, Councilman
Oneida Business Committee
Regular Meeting Agenda
Page 4 of 5
December 12, 2018
Public Packet
XIV.
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3.
Review applications for one (1) vacancy - Oneida Nation School Board (AtLarge)
Sponsor: Brandon Stevens, Vice-Chairman
4.
Approve changes and adopt two (2) resolutions regarding the Oneida
Governmental 401(k) Plan and Oneida Enterprise 401(k) Plan
Sponsor: Larry Barton, Chief Financial Officer
5.
Determine next steps regarding reorganization plan
Sponsor: Daniel Guzman King, Councilman
6.
File # 2018-DR08-03 - Review complaint (item scheduled for 10:00 a.m.)
Sponsor: Tehassi Hill, Chairman
7.
Adopt resolution regarding Contract Support Costs
Sponsor: Jennifer Webster, Councilwoman
8.
Enter the e-poll results into the record - Approved Thornberry Creek at
Oneida's FY-19 operating budget
Sponsor: Business Committee Support Office on behalf of Lisa Summers,
Secretary
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and
Open Meetings law (§ 107.14.)
The meeting packet of the open session materials for this meeting is available by going to the Oneida
Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364
or (800) 236-2214
Oneida Business Committee
Regular Meeting Agenda
Page 5 of 5
December 12, 2018
Public Packet
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Special Recognition
for Years
of Service
Oneida
Business
Committee Agenda Request
1. Meeting Date Requested:
12
/
12
/
18
2. General Information:
Session:
[g] Open
Agenda Header:
D Executive - See instructions for the applicable laws, then choose one:
!Announcement/Recognition
D Accept as Information only
[g] Action - please describe:
Presentation of Years of Service Certificates to twenty (21) employees by their immediate supervisor along
with the Business Committee.
3. Supporting Materials
D Report
D Resolution
D Contract
[g] Other:
1.just of employees to be recognized
3.
2.
4.
D Business Committee signature required
4. Budget Information
D Budgeted - Tribal Contribution
D Budgeted - Grant Funded
5. Submission
Authorized Sponsor/ Liaison:
Primary Requestor:
Maureen Metoxen, Exec Assist
Your Name, Title/ Dept. or Tribal Member
Additional Requestor:
Name, Title/ Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of2
D Unbudgeted
Public Packet
7 of 153
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
HRD coordinates efforts on a quarterly basis, with all supervisors and the Business Committee to recognize
employees who have reached the 25+ years milestone. With the assistance from each supervisor, HRD will create
the certificate to be presented to the Years of Service recipient.
The number of recipients for 1st quarter 2019 is 71 as compared to an avg. of approximately 20 recipients in past
quarters, therefore, we had to break the 1st quarter recipients into 3 groups. The first group will be recognized
on December 12, followed by the remainder groups on January 8th and January 22nd.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Public Packet
8 of 153
· NAME .
. . ·. . SUPJ:RVI$.Q~•
.. DO.t:1./ ...• ,yos•
METOXEN,IRVIN J
OCCHINO,LANCE J
Oct 1, 1978 :/ .•..
401
SUMMERS,LINDA
METOXEN,BARBARA R
Oct 18, 1978
401
DANFORTH,DEBRA
HILL,TEHASSI TASI/Danelle Wilson
8/29/1983
JORDAN,SCOTT D
SKENANDORE,TONIA H
Oct 7, 1983
'l'><
'
-------------------------!
-------------------------!
3S1Moved
from 4th Qtr 2018
351
301----------,--------------;..._------1
STEEN01 JOANNE
BLOHOWIAK,CARRIE J
Oct 31, 1988
CORNELIUS,RICHARD D
VIEAU,MYRON 0
Nov 11, 1988
CLARK,CARLA J
PELKY,PATRICK J
Nov 14, 1988
301
30
:--------------------------!
LAKE,CHERICE A
ANTONE,DOROTHY A
Dec 1, 1993
2s1
SOLECKI,DONALD M
ANTONE,DOROTHY A
Dec 6, 1993
EMERSON,JEFFREY A
ANTONE,DOROTHY A
Dec 13, 1993
2s1
2sj
MOMMAERTS,JAMES W
ANTONE,DOROTHY A
Dec 28, 1993
DANFORTH,JR,REDMON
BOYLE,JACQUE
Dec 6, 1993
Oct 11, 1993
DECEMBER.12TH
25J
2s1
2s1
25
KOPONEN,MELANIE P
BRAATEN,BLAIR A
LAKE,TRACEY L
BRAATEN,BLAIR A
Oct 17, 1993
HOWARD,STACEY M
BRAATEN,BLAIR A
Dec 27, 1993
2s1
DEMUTH,TAMMY .
CHRISTENSEN,JUDITH J
Nov 30, 1993
LINSKENS,STEVEN R
CORNELIUS,SYLVIA S
Dec 27, 1993
2s1
2s1
DICKENSON,KIMBERLY
DANFORTH,SUSAN M
Nov 11, 1993
GALSKE,DONNA J
DANFORTH,SUSAN M
Nov 22, 1993.
2s1
2sj
MOORE,JOYCE R
DANFORTH,SUSAN M
Dec 6, 1993
2s1
WILUAMS,LORI
DANFORTH,SUSAN M
Dec 14, 1993
2s1
Public Packet
9 of 153
Oneida Business Committee Agenda Request
Approve the November 28, 2018, regular Business Committee meeting minutes
1. Meeting Date Requested:
12 / 12 / 18
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve the November 28, 2018, regular Business Committee meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. 11/28/18 regular BC meeting minutes DRAFT
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Business Committee Support Office on behalf of Lisa Summers, Secretary
Primary Requestor/Submitter:
Submitted by: Lisa Liggins, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Public Packet
10 of 153
DRAFT
Oneida Business Committee
Executive Session
8:30 AM Tuesday, November 27, 2018
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 AM Wednesday, November 28, 2018
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
EXECUTIVE SESSION
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King,
Councilmembers: Daniel Guzman King, David Jordan, Ernest Stevens III, Jennifer Webster;
Not Present: Secretary Lisa Summers, Councilman Kirby Metoxen;
Arrived at: n/a
Others present: Jo Anne House, Larry Barton, Laura Laitinen-Warren, Jacque Boyle, Pat Pelky, Louise
Cornelius, Chad Fuss, Jeff Bowman, Nate King, Jeff House, Jacqueline Zalim, Pete King III, Becky
Demmith, Kathy Hughes, Mary Shaw, Josh Doxtator, Justin Fox, Jon-Paul Genet, Michele Doxtator, Troy
Parr;
REGULAR MEETING
Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Council members: Daniel Guzman
King, David Jordan, Ernest Stevens III;
Not Present: Secretary Lisa Summers, Council members: Kirby Metoxen, Jennifer Webster;
Arrived at: Chairman Tehassi Hill at 9:10 a.m.;
Others present: Jo Anne House, Larry Barton, Lisa Liggins, Clorissa Santiago, Bonnie Pigman, Matt
Denny, Melis Arik, Brooke Doxtator;
I.
CALL TO ORDER
Meeting called to order by Vice-Chairman Brandon Stevens at 8:33 a.m.
For the record: Chairman Tehassi Hill will be arriving late; he is providing an opening prayer at 8:30
a.m. Secretary Lisa Summers is on medical leave. Councilwoman Jennifer Webster is attending the
Bemidji Area Budget Formulations in Green Bay, WI. Councilman Kirby Metoxen is on approved travel
to the Region XI American Indian Alaska Training Conference in Albuquerque, NM.
II.
OPENING
Opening provided by Councilman Daniel Guzman King.
III.
ADOPT THE AGENDA (00:01:26)
Motion by Daniel Guzman King to adopt the agenda with one (1) change [delete item VI.B. Adopt
resolution entitled Oneida Business Committee and Joint Meetings with Boards, Committees and
Commissions - Definitions and Impact], seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 1 of 11
November 28, 2018
Public Packet
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DRAFT
IV.
OATH OF OFFICE (00:03:07)
A.
Oneida Nation Arts Board - Melis Arik
Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary
Oath of office administered by Treasurer Trish King.
V.
MINUTES
A.
Approve the November 14, 2018, regular Business Committee meeting minutes
(00:05:39)
Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary
Motion by Ernie Stevens III to approve the November 14, 2018, regular Business Committee meeting
minutes, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
VI.
RESOLUTIONS
A.
Adopt resolution entitled Oneida Nation Wildland Fire Management Plan (00:06:13)
Sponsor: Patrick Pelky, Division Director/Environmental, Health, Safety & Land
Motion by David P. Jordan to adopt resolution 11-28-18-A Oneida Nation Wildland Fire Management
Plan, seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
B.
Adopt resolution entitled Oneida Business Committee and Joint Meetings with
Boards, Committees and Commissions - Definitions and Impact
Sponsor: Tehassi Hill, Chairman
Item deleted at the adoption of the agenda.
C.
Adopt resolution entitled Relocating ‘Tribal Action Plan – Office’ to Under the
Supervision of a Direct Report to the Oneida Business Committee (00:06:53)
Sponsor: Daniel Guzman King, Councilman
Motion by Daniel Guzman King to adopt resolution 11-28-18-B Relocating ‘Tribal Action Plan – Office’
to Under the Supervision of a Direct Report to the Oneida Business Committee, seconded by Ernie
Stevens III. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 2 of 11
November 28, 2018
Public Packet
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DRAFT
VII.
STANDING COMMITTEES
A.
COMMUNITY DEVELOPMENT PLANNING COMMITTEE
1.
Accept the October 4, 2018, regular Community Development Planning
Committee meeting minutes (00:09:06)
Sponsor: Ernie Stevens III, Councilman
Motion by David P. Jordan to accept the October 4, 2018, regular Community Development Planning
Committee meeting minutes, seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
B.
FINANCE COMMITTEE
1.
Approve the November 19, 2018, regular Finance Committee meeting minutes
(00:09:34)
Sponsor: Trish King, Treasurer
Motion by David P. Jordan to approve the November 19, 2018, regular Finance Committee meeting
minutes, seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
C.
LEGISLATIVE OPERATING COMMITTEE
1.
Accept the update regarding the progress of the Oneida Personnel Commission
(00:09:57)
Sponsor: David P. Jordan, Councilman
Motion by Trish King to accept the update regarding the progress of the Oneida Personnel
Commission, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
2.
Accept the November 7, 2018, regular Legislative Operating Committee meeting
minutes (00:10:55)
Sponsor: David P. Jordan, Councilman
Motion by Trish King to accept the November 7, 2018, regular Legislative Operating Committee
meeting minutes, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 3 of 11
November 28, 2018
Public Packet
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DRAFT
VIII.
TRAVEL REPORTS
A.
Approve travel report - Councilman Daniel Guzman King - National Congress of
American Indians 75th Annual Convention & Marketplace - Denver, CO - October
20-27, 2018 (00:11:26)
Sponsor: Daniel Guzman King, Councilman
Motion by David P. Jordan to approve the travel report from Councilman Daniel Guzman King for the
National Congress of American Indians 75th Annual Convention & Marketplace in Denver, CO October 20-27, 2018, seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
B.
Approve travel report - Councilman Daniel Guzman King - EPA Region 5 Tribal
Operating Committee meeting - Welch, MN - Nov 13-14, 2018 (00:11:58)
Sponsor: Daniel Guzman King, Councilman
Motion by David P. Jordan to approve the travel report from Councilman Daniel Guzman King for the
EPA Region 5 Tribal Operating Committee meeting in Welch, MN - Nov 13-14, 2018, seconded by
Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
C.
Approve travel report and one (1) additional action - Vice-Chairman Brandon
Stevens - Mentoring Our Own Native Students (MOONS) 2018 - Lawrence, KS September 19-21, 2018 (00:12:26)
Sponsor: Brandon Stevens, Vice-Chairman
Motion by Daniel Guzman King to approve the travel report from Vice-Chairman Brandon Stevens for
the Mentoring Our Own Native Students (MOONS) 2018 in Lawrence, KS - September 19-21, 2018,
seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
Motion by David P. Jordan to create a sub-team to work on a draft proposal for a Research Center in
Oneida., seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 4 of 11
November 28, 2018
Public Packet
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DRAFT
IX.
TRAVEL REQUESTS
A.
Approve travel request - Vice-Chairman Brandon Stevens - Haskell Fall Board of
Regents meeting - Lawrence, KS - December 4-8, 2018 (00:16:50)
Sponsor: Brandon Stevens, Vice-Chairman
Motion by David P. Jordan to approve the travel request for Vice-Chairman Brandon Stevens to attend
the Haskell Fall Board of Regents meeting in Lawrence, KS - December 4-8, 2018, seconded by
Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King
Abstained:
Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
Brandon Stevens noted this travel is paid for by the Bureau of Indian Affairs.
B.
Enter the e-poll results into the record for the approved travel request for
Councilman Daniel Guzman King to attend the EPA Region 5 Tribal Operating
Committee meeting in Welch, MN - Nov 13-14, 2018 (00:17:34)
Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary
Motion by Ernie Stevens III to enter the e-poll results into the record for the approved travel request for
Councilman Daniel Guzman King to attend the EPA Region 5 Tribal Operating Committee meeting in
Welch, MN - Nov 13-14, 2018, seconded by David P. Jordan. Motion carried:
Ayes:
David P. Jordan, Trish King, Ernie Stevens III
Abstained:
Daniel Guzman King
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
Daniel Guzman King noted this travel is paid for by an EPA grant.
X.
NEW BUSINESS
A.
Approve Michelle Myers, RN BSN to serve on the Wisconsin Council on
Immunization Practices on behalf of the Oneida Nation and the Comprehensive
Health Division (00:18:42)
Sponsor: Jennifer Webster, Councilwoman
Motion by David P. Jordan to approve Michelle Myers, RN BSN to serve on the Wisconsin Council on
Immunization Practices on behalf of the Oneida Nation and the Comprehensive Health Division,
seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 5 of 11
November 28, 2018
Public Packet
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DRAFT
XI.
GENERAL TRIBAL COUNCIL
A.
Approve the 2019 Annual report book and send to Oneida Printing (00:19:13)
Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary
Motion by Trish King to defer the 2019 Annual report book to the Business Committee's quarterly
reports meeting on November 29, 2018, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
B.
Approve the draft GTC minutes packet and send to Oneida Printing (00:20:19)
Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary
Motion by Trish King to approve the draft GTC minutes packet and send to Oneida Printing, seconded
by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
C.
PETITIONER CATHY L. METOXEN - ONEIDA YOUTH LEADERSHIP INSTITUTE
1.
Accept the statement of effect (00:21:25)
Sponsor: David P. Jordan, Councilman
Motion by David P. Jordan to accept the statement of effect, seconded by Daniel Guzman King. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
2.
Determine appropriate action regarding the legal review (00:22:13)
Sponsor: Jo Anne House, Chief Counsel
Motion by David P. Jordan to accept the legal review, seconded by Daniel Guzman King. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
Motion by Ernie Stevens III to direct the background materials related to the legal review be placed on
the members only section of the website on or before December 12, 2018, seconded by Daniel
Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
Motion by Daniel Guzman King to direct the Secretary's Office to schedule a special Work Session to
formulate the Business Committee's recommendation, seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King
Abstained:
Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 6 of 11
November 28, 2018
Public Packet
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DRAFT
XII.
EXECUTIVE SESSION
A.
REPORTS
1.
Accept the Chief Counsel report (00:31:10)
Sponsor: Jo Anne House, Chief Counsel
Motion by Trish King to accept the Chief Counsel report dated November 27, 2018, seconded by
Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
Motion by David P. Jordan to approve the proposed amendment to the Service Agreement between
the Oneida Nation and the Village of Ashwaubenon for a one-year extension and payment, seconded
by Trish King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
2.
Accept the Division of Public Works FY-2018 4th quarter executive report
(00:32:18)
Sponsor: Jacque Boyle, Division Director/Public Works
Motion by David P. Jordan to accept the Division of Public Works FY-2018 4th quarter executive
report, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
3.
Accept the Environmental, Health, Safety & Land Division FY-2018 4th quarter
report (00:32:39)
Sponsor: Patrick Pelky, Division Director/Environmental, Health, Safety & Land
Motion by Daniel Guzman King to accept the Environmental, Health, Safety & Land Division FY-2018
4th quarter report, seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III
Abstained:
David P. Jordan
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
Motion by Trish King to send the recommended correspondence request to the special Business
Committee Work Session, seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III
Abstained:
David P. Jordan
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
Motion by Trish King to direct the Environmental, Health, Safety & Land Division Director to provide an
update on the 1940 W. Mason St. property to the identified parties for the December 11, 2018,
Business Committee executive session discussion, seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, Trish King, Ernie Stevens III
Abstained:
David P. Jordan
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
Chairman Tehassi Hill arrived at 9:10 a.m.
Oneida Business Committee
Regular Meeting Minutes
Page 7 of 11
November 28, 2018
Public Packet
17 of 153
DRAFT
4.
Defer the Intergovernmental Affairs, Communications, and Self-Governance
November 2018 report to the December 12, 2018, regular Business Committee
meeting (00:38:32)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by David P. Jordan to defer the Intergovernmental Affairs, Communications, and SelfGovernance November 2018 report to the December 12, 2018, regular Business Committee meeting,
seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
5.
Accept the Gaming General Manager November 2018 report (00:39:07)
Sponsor: Louise Cornelius, Gaming General Manager
Motion by Ernie Stevens III to accept the Gaming General Manager November 2018 report, seconded
by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
6.
Accept the Bay Bancorporation, Inc. FY-2018 4th quarter executive report
(00:39:25)
Sponsor: Jeff Bowman, President/Bay Bank
Motion by Trish King to accept the Bay Bancorporation, Inc. FY-2018 4th quarter executive report,
seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Tehassi Hill, Kirby Metoxen, Lisa Summers, Jennifer Webster
7.
Accept the Oneida ESC Group, LLC. FY-2018 4th quarter executive report
(00:39:49); (00:46:48)
Sponsor: Jacquelyn Zalim, Chair/OESC Board of Managers
Chairman Tehassi Hill assumes the responsibilities of the Chair.
Motion by Trish King to accept the Oneida ESC Group, LLC. FY-2018 4th quarter executive report,
seconded by David P. Jordan. Motion carried:
Ayes:
Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,
Ernie Stevens III
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
Item XII.A.8. is addressed next.
Motion by Trish King to move the resolution entitled Re-Affirmation of the Independence of Oneida
ESC Group, LLC to open session, seconded by Ernie Stevens III. Motion carried:
Ayes:
Brandon Stevens, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
Motion by Trish King to adopt resolution 11-28-18-C Re-Affirmation of the Independence of Oneida
ESC Group, LLC, seconded by Ernie Stevens III. Motion carried:
Ayes:
Brandon Stevens, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers, Jennifer Webster
Item XIII. is addressed next.
Oneida Business Committee
Regular Meeting Minutes
Page 8 of 11
November 28, 2018
Public Packet
18 of 153
DRAFT
8.
Accept the Oneida Seven Generation Corporation FY-2018 4th quarter executive
report (00:40:10)
Sponsor: Pete King III, Agent/OSGC
Motion by David P. Jordan to accept the Oneida Seven Generation Corporation FY-2018 4th quarter
executive report and request the BC liaison to contact Bay Bank, seconded by Brandon Stevens.
Motion carried:
Ayes:
Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,
Ernie Stevens III
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
Motion by David P. Jordan to direct the Treasurer to research the identified lease information and
forward the information to the Oneida Seven Generations agent by the December 12, 2018, regular
Business Committee meeting, seconded by Brandon Stevens. Motion carried:
Ayes:
Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,
Ernie Stevens III
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
9.
Accept the Oneida Airport Hotel Corporation FY-2018 4th quarter executive
report (00:41:30)
Sponsor: Robert Barton, President/OAHC
Motion by Trish King to accept the Oneida Airport Hotel Corporation FY-2018 4th quarter executive
report, seconded by David P. Jordan. Motion carried:
Ayes:
Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,
Ernie Stevens III
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
10.
Accept the Oneida Golf Enterprise Corporation FY-2018 4th quarter executive
report (00:41:49)
Sponsor: Josh Doxtator, Chief Operating Officer/OGEC
Motion by David P. Jordan to accept the Oneida Golf Enterprise Corporation FY-2018 4th quarter
executive report, seconded by Daniel Guzman King. Motion carried:
Ayes:
Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,
Ernie Stevens III
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
B.
STANDING ITEMS
1.
ONEIDA GOLF ENTERPRISE CORPORATION - LADIES PROFESSIONAL GOLF
ASSOCIATION
a.
Accept the Thornberry Creek LPGA Classic November 2018 report
(00:42:14)
Motion by Daniel Guzman King to accept the Thornberry Creek LPGA Classic November 2018 report,
seconded by Brandon Stevens. Motion carried:
Ayes:
Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,
Ernie Stevens III
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 9 of 11
November 28, 2018
Public Packet
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DRAFT
C.
AUDIT COMMITTEE
1.
Accept the Audit Committee FY-2018 4th quarter report (00:42:51)
Sponsor: David P. Jordan, Councilman
Motion by Trish King to accept the Audit Committee FY-2018 4th quarter report, seconded by Daniel
Guzman King. Motion carried:
Ayes:
Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,
Ernie Stevens III
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
D.
UNFINISHED BUSINESS
1.
File # ED18-028 – Determine next steps (00:43:12)
Sponsor: Ernie Stevens III, Councilman
Motion by Brandon Stevens to accept the information provided regarding File # ED18-028, seconded
by Trish King. Motion carried:
Ayes:
Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,
Ernie Stevens III
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
2.
File # ED18-029 - Accept update (00:43:39)
Sponsor: Troy Parr, Division Director/Community & Economic Development
Motion by Ernie Stevens III to accept the update regarding File # ED18-029, seconded by Daniel
Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Abstained:
Brandon Stevens
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
Motion by Daniel Guzman King to request the OBC Officers to complete the requested follow up with
the Intergovernmental Affairs Director, seconded by Brandon Stevens. Motion carried:
Ayes:
Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,
Ernie Stevens III
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
E.
NEW BUSINESS
1.
Approve forty-nine (49) new enrollments (00:44:34)
Sponsor: Bobbi Webster, Chair/Oneida Trust Enrollment Committee
Motion by Daniel Guzman King to approve the forty-nine (49) new enrollments, seconded by Ernie
Stevens III. Motion carried:
Ayes:
Brandon Stevens, Daniel Guzman King, Trish King, Ernie Stevens III
Abstained:
David P. Jordan
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 10 of 11
November 28, 2018
Public Packet
20 of 153
DRAFT
2.
Approve draft memorandum regarding Tribal Action Plan Office (00:44:59)
Sponsor: Daniel Guzman King, Councilman
Motion by Trish King to approve the updated memorandum regarding Tribal Action Plan Office and to
move the correspondence to open session, seconded by David P. Jordan. Motion carried:
Ayes:
Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,
Ernie Stevens III
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
Motion by David P. Jordan to recess at 9:20 a.m. until 10:00 a.m., seconded by Brandon Stevens.
Motion carried:
Ayes:
Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,
Ernie Stevens III
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
Chairman called the meeting to order at 9:57 a.m.
Roll call for the record:
Present: Chairman Tehassi Hill; Vice-Chairman Brandon Stevens; Councilman David P. Jordan;
Treasurer Trish King; Councilman Ernie Stevens III;
Not Present: Councilman Daniel Guzman King; Councilman Kirby Metoxen; Secretary Lisa
Summers; Councilwoman Jennifer Webster;
Additional actions under Item XII.A.7. is addressed next.
XIII.
ADJOURN (00:48:13)
Motion by David P. Jordan to adjourn at 9:58 a.m., seconded by Ernie Stevens III. Motion carried:
Ayes:
Brandon Stevens, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Daniel Guzman King, Kirby Metoxen, 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 11 of 11
November 28, 2018
Public Packet
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Adopt resolution entitled FY 2019-2022 Oneida Nation Tribal Transportation Improvement Plan (TTIP)
/
/
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Public Packet
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Name of
Tribe
Current Year Annual
Transportation Allocation
ONEIDA NATION
$
1,040,760
Tribal Transportation Improvement Plan
Priority
1
BIA
Route #
1309
Section
10
Project
Length
0.6
2019
All Planning, Prelim Eng., Arch, Env,
ROW Activities will be included as
TOTAL PE costs per Project
Road Name
Year of
Constr
Location (Start and End Points)
Description of Work
Poplar Lane
Estimated Cost
Who/How Work Done
Construction
Estimated Cost
Who/How
Work Done
Construction Engineering
Estimated Cost
Who/How
Work Done
Other
Total
Estimated Cost
Estimated Cost
$
10,000
BIA/Tribe
$
130,000
Tribe
$
5,000
BIA/Tribe
$
145,000
$
10,000
BIA/Tribe
$
100,000
Tribe
$
5,000
BIA/Tribe
$
115,000
$
424,000
$
155,000
$
100,000
Reclaim existing road surface, new bituminous surface
2
na
10-20
0.9
2019
Johnson Road
Reclaim existing road surface, new bituminous surface
3
NA
NA
NA
2019
Maple Leaf west
New Road
$
24,000
Tribe
$
400,000
4
NA
NA
NA
2019
Uskah Village South
New Road
$
10,000
Tribe
$
140,000
Silver Creek Trail
$
10,000
Tribe
$
90,000
5
6
NA
NA
NA
2019
NA
NA
NA
2019
5,000
TTP Road Maintenance
Crack Seal, patching for various roadways including street sweep
7
$
Transportation Planning
$
71,000
$
71,000
$
50,883
$
50,883
$
1,060,883
Tribe/Coop
Tribe
(TTP Funds for Planning)
FY19 Totals
Public Packet
Priority
1
BIA
Route #
na
Section
NA
24 of 153
Project
Length
NA
2020
All Planning, Prelim Eng., Arch, Env,
ROW Activities will be included as
TOTAL PE costs per Project
Road Name
Year of
Constr
Location (Start and End Points)
Description of Work
Uskah Village South
Estimated Cost
$
100,000
$
-
Who/How Work Done
Construction
Estimated Cost
Who/How
Work Done
Construction Engineering
Estimated Cost
Who/How
Work Done
Tribe
$
810,000
Tribe
$
25,000
Tribe
Tribe/Coop
$
-
Tribe
$
-
Tribe
Other
Total
Estimated Cost
Estimated Cost
$
935,000
New Road
2
NA
NA
NA
2020
TTP Road Maintenance
$
75,000
$
75,000
$
50,883
$
50,883
$
1,060,883
Creak seal, patching and street sweeping
3
NA
NA
NA
2020
Transportation Planning
Tribe
(TTP Funds for Planning
FY20 Total
Public Packet
Priority
1
BIA
Route #
1307
Section
20
25 of 153
Project
Length
0.22
2021
All Planning, Prelim Eng., Arch, Env,
ROW Activities will be included as
TOTAL PE costs per Project
Road Name
Year of
Constr
Location (Start and End Points)
Description of Work
Minoka Hill Drive
Estimated Cost
Who/How Work Done
Construction
Estimated Cost
$
30,000
Tribe
$
150,000
$
15,000
Tribe
$
150,000
Who/How
Work Done
Tribe
Construction Engineering
Estimated Cost
$
10,000
$
15,000
Who/How
Work Done
Other
Total
Estimated Cost
Estimated Cost
Tribe
$
190,000
$
180,000
Mill and overlay
2
NA
NA
NA
2021
Sand Hill Circle
$
-
Mill and Overlay
3
NA
NA
NA
2021
Uskah Village South
New Road
Tribe
$
231,300
$
231,300
4
NA
NA
0.6
2021
Seminary Road - Ranch to CTH E
Tribe
$
233,700
$
233,700
5
NA
NA
NA
2021
TTP Road Maintenance
Tribe/Coop
$
75,000
$
75,000
Tribe
$
150,883
$
150,883
$
1,060,883
Crack Seal patching and street sweepign
6
NA
NA
NA
2021
TTP Planning
TTP Funds for planning, Snowplow for DPW
FY21 Totals
Priority
BIA
Route #
Section
Project
Length
All Planning, Prelim Eng., Arch, Env,
ROW Activities will be included as
TOTAL PE costs per Project
Road Name
Year of
Constr
Location (Start and End Points)
Description of Work
Estimated Cost
Who/How Work Done
Construction
Estimated Cost
1
NA
NA
NA
2022
Seminary Road Reconstruction
$
100,000
$
605,000
2
NA
NA
NA
2022
Trails
$
20,000
$
100,000
3
NA
NA
NA
2022
4
NA
NA
NA
2022
TTP Road Maintenance
Crack Seal Patching Street Sweeping
TTP Planning
Who/How
Work Done
Construction Engineering
Estimated Cost
$
Who/How
Work Done
Other
Estimated Cost
10,000
$
$
FY22 Totals
Total
75,000
150,883
Estimated Cost
$
705,000
$
130,000
$
$
75,000
150,883
$
1,060,883
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Project Information:
Who/How Work Done: Possible Choices
BIA Route #
List all routes that will be worked on.
Section
List only those sections that will be worked on along with corresponding length
Location
List start and end points of where work will be performed (road names, rivers, end, etc.)
Description
of Work
List as much detail as you can including existing road type and work to be performed
Estimated Cost:
Provide dollar amounts that you estimate will be required for each project/phase
utilizing new funds from that year only. Prior year money obligated to contract
should not be listed here.
BIA
BIA will perform direct service (DS) work for the Tribe as outlined in a Retained Service Agreement (RSA)
as approved/signed by the Tribe and BIA.
(Self Determination, G2G, and Self Gov Tribes can all elect to receive these services)
638
Self Determination Tribe will enter into a P638 contract with the BIA and either perform work with
in-house staff or subcontract work out to consultant/contractor.
Coop
Tribe can receive funding through a P638 contract, G2G, or Self Gov Agreement. Tribe will then
enter into a 2-party (Coop) agreement with County, State, Township etc. who will usually serve as
the lead agency for the project.
Tribe
Tribe administers program/project through a Self Governance or G2G Agreement.
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __________
FY 2019-2022 Oneida Nation Tribal Transportation Improvement Plan (TTIP) and FY 2019 TTP
Retained Services Agreement (RSA)
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WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida General Tribal Council desires to provide adequate transportation facilities to
meet the needs of the residents of Oneida Nation; and
WHEREAS,
the Oneida General Tribal Council has worked to develop the 2019-2022 Oneida Nation
Tribal Transportation Improvement Plan, which we are using to request the Bureau of
Indian Affairs to incorporate into their Control Schedule Transportation Improvement Plan
as a required step to help us receive our “Tribal Shares” funding; and
WHEREAS,
the Oneida General Tribal Council agrees with the needs and priorities presented in the
2019-2022 Oneida Nation Tribal Transportation Improvement Plan.
NOW THEREFORE BE IT RESOLVED, that the Oneida General Tribal Council supports and adopts the
2019-2022 Oneida Nation Tribal Transportation Improvement Plan for the projects listed in the attached
CSTIP forms that were developed between us and the BIA for Tribal Shares funding along with
corresponding 2019 TTP Retained Services Agreement (RSA).
CERTIFICATION
This resolution was duly considered and adopted at a meeting of the Oneida Nation in Oneida, WI, on ____
at which a quorum of Council members were in attendance.
For:
Present*:
____________________________
Tehassi Hill, Chairman
Oneida Business Committee
Against:
Absent:
Abstain:
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____________________________
Lisa Summers, Secretary
Oneida Business Committee
*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."
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28 of 153
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155‐0365
Oneida‐nsn.gov
Statement of Effect
FY 2019-2022 Oneida Nation Tribal Transportation Improvement Plan (TTIP) and FY 2019 TTP
Retained Services Agreement (RSA)
Summary
This resolution adopts the 2019-2022 Oneida Nation Tribal Transportation Improvement Plan for
the projects listed in the Control Schedule Transportation Improvement Plan form attached to the
resolution that was developed between the Community Economic Development Division and the
Bureau of Indian Affairs for grant funding, along with the corresponding 2019 TTP Retained
Services Agreement.
Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office
Date: December 5, 2018
Analysis by the Legislative Reference Office
The Oneida Nation receives grant funding in excess of one million dollars annually for the
construction and maintenance of Tribal owned roads. To receive funding, every year the Nation
is required to submit a Tribal Transportation Improvement Plan (“TTIP”) to the Bureau of Indian
Affairs (“BIA”) for incorporation into the BIA’s Control Schedule Transportation Improvement
Plan. The TTIP is to include a list of planned road projects over the next four (4) years that the
Oneida Community Economic Development Division develops based on the PASER rating system
it uses to evaluate Tribal road conditions after each winter season.
This resolution sets forth the 2019-2022 TTIP for the road projects listed in the attached Control
Schedule Transportation Improvement Plan form that must be submitted to the BIA, along with
the 2019 TTP Retained Services Agreement referenced therein, in order to receive funding for
2019. Through resolution BC-01-11-17-A, the Oneida Business Committee adopted a similar
2017-2020 Oneida Nation Tribal Transportation Improvement Plan and corresponding TTP
Retained Services Agreement. The funding for these projects is considered budgeted grant
funding.
The Nation’s Budget Management and Control law provides that all “revenues and expenditures
of the Nation shall be in accordance with the annual budget adopted by the General Tribal
Council.” [1 O.C. 121.5-1]. Grant funds are exempt from requirements of the budget contingency
plan and any cost containment initiatives because such funding is not reliant on Tribal
contributions. [1 O.C. 121.4-3(c)]. Grant funds are to be spent according to any non-negotiable
grant requirements and guidelines of the granting agency. [Id].
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws. This Statement of
Effect did not include a review or analysis of the TTP Retained Services Agreement referenced
with the resolution.
Page 1 of 1
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Oneida Business Committee Agenda Request
Adopt resolution entitled Updating and Clarifying Access to the Economic Development, Diversification
1. Meeting Date Requested:
12 / 12 / 18
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
To adopt Resolution entitled: Updating and Clarifying Access to the Economic Development Diversification and
Community Development Fund.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Statement of Effect
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Trish King, Treasurer
Primary Requestor/Submitter:
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Purpose: To adopt the resolution for pro-rata interest to go back into the fund, which is not currently identified.
Background: At a BC work session on November 20, 2018, it was agreed by the OBC for the pro-rata interest to
be put into the Economic Development fund due to Resolution #BC-07-12-17-A states that 5% of funds shall go
to Economic Development. As a result, Chief Counsel Jo Anne House created a resolution and a Statement of
Effect was created by the Legislative Reference Office.
Requested Action: To adopt Resolution entitled Updating and Clarifying Access to the Economic Development,
Diversification and Community Development Fund.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # __________
Updating and Clarifying Access to the Economic Development, Diversification and Community
Development Fund
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee adopted resolution # BC-09-28-16-B, Assignment of
Return on Investment from OTIE to Economic Development and Diversification, which
created a set-aside until an endowment could be created and directed development and
adoption of standard operating procedures for the use of the restricted funds; and
WHEREAS,
the Treasurer has proposed the development of an economic development corporation,
‘Oneida Development Holdings, Inc.,’ and identifying the development of the endowment
creation resolution, to fulfill the directives of resolution # BC-09-28-16-B; and
WHEREAS,
the Oneida Business Committee approved the creation of the Community & Economic
Development Division and authorized the transition into finalizing this action; and
WHEREAS,
the Oneida Business Committee approved the following Vision and Mission statements for
the new division:
Vision: To elevate the Oneida Nation by providing community & economic
development practices that nurture and sustain Oneida families to prosperity.
Mission: To strategically implement systems that foster sustainable development
and commerce growth that reflect Tsiʔniyukwalihotʌ (our ways) with innovative
approaches that enrich the natural, built and business environments; and
WHEREAS,
the original resolution adopted in 2016 regarding the OTIE disbursements do not accurately
reflect the direction given to the Community & Economic Development Division; and
WHEREAS,
OTIE has been reorganized as a subsidiary under the OESC Group, LLC; and
WHEREAS,
the Oneida Business Committee desires to update the 2016 resolution to correctly reflect
the goals of community development and economic development; and
WHEREAS,
the Oneida Business Committee has reviewed the Economic Development, Diversification
and Community Development Fund uses and processes in the prior two years and has
determined that it is an appropriate time to update the processes and to allow for greater
tracking of the amount of the fund and use of the funds.
Public Packet
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BC Resolution # __________
Updating and Clarifying Access to the Economic Development, Diversification and Community
Development Fund
Page 2 of 2
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Allocation of Dividends and Revenues
NOW THEREFORE BE IT RESOLVED, that resolutions # BC-09-28-16-B and # BC-07-12-17-A are
reaffirmed as to the creation of the Economic Development, Diversification and Community Development
Fund and superseded regarding processes for access, tracking amount of the fund and use of the funds.
BE IT FURTHER RESOLVED, that the dividends and revenues from OESC Group, LLC and its subsidiaries
shall be allocated to the Economic Development, Diversification and Community Development Fund. The
interest income generated by any balance shall not accrue to the Economic Development, Diversification
and Community Development Fund.
Review and Recommend for Use of Funds
BE IT FURTHER RESOLVED, that the Community and Economic Development Division Director shall
review every request for use of the fund, determine if the proposed use is consistent with the fund, and
provide a written recommendation to the Oneida Business Committee regarding whether to authorize funds
to be allocated from the Economic Development, Diversification and Community Development Fund to a
specific project identified by a contract number, CIP number, economic development opportunity number
or other easily trackable number or designation.
Authorization to Use Funds
BE IT FURTHER RESOLVED, that the Oneida Business Committee shall be responsible for authorizing
use of the Economic Development, Diversification and Community Development Fund by a resolution
clearly identifying the amount of funds authorized and purpose of the funds, which may be identified by a
contract number, CIP number, economic development opportunity number or other easily trackable number
or designation, and the employee responsible for authorizing expenditures of the authorized amount.
Tracking Balance and Use of Funds
BE IT FURTHER RESOLVED, that the Community and Economic Development Division Director shall be
responsible for maintaining a list of authorized uses and amounts annually forwarding that list to the Chief
Financial Officer who shall be notify the Committee and Economic Development Division Director of the
beginning balance in each fiscal year and authorize access to reports which identify the withdrawals from
the fund.
Allocation of Funds Once Authorized
BE IT FURTHER RESOLVED, that the Chief Financial Officer shall create the necessary accounts to
identify the Economic Development, Diversification and Community Development Fund, allocations and
withdrawals, including transfer of funds to a contract, CIP project, economic development opportunity or
other authorized activity within the appropriate business unit.
BE IT FURTHER RESOLVED, that the Community and Economic Development Division Director shall, on
an annual basis, obtain a reconciliation from any party authorized to utilize the funds, which may be
conducted in conjunction of an internal audit or assistance from the Accounting Department.
Standard Operating Procedures
BE IT FINALLY RESOLVED, that the Community and Economic Development Division Director and the
Chief Financial Officer shall create necessary standard operating procedures consistent with this resolution.
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
Updating and Clarifying Access to the Economic Development, Diversification and Community
Development Fund
Summary
The resolution updates and clarifies access to the Economic Development, Diversification and
Community Development Fund.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: November 21, 2018
Analysis by the Legislative Reference Office
The Oneida Business Committee has determined that it is an appropriate time to update the
processes involved with the Economic Development, Diversification and Community
Development Fund and allow for greater tracking of the amount of the fund and use of the funds.
This resolution reaffirms portions of resolutions BC-09-28-16-B and BC-07-12-17-A which create
the Economic Development, Diversification and Community Development Fund, but supersedes
portions of both resolutions that provide processes for access, tracking amount of the fund, and
use of the funds.
This resolution provides details of the Economic Development, Diversification and Community
Development Fund regarding:
The allocation of dividends and revenues;
The review of requests and recommendations for use of the funds;
The authorization to use funds;
The tracking of the balance of the fund and use of the fund;
How funds shall be allocated once authorized; and
Development of standard operating procedures.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
Page 1 of 1
Public Packet
34 of 153
Oneida Business Committee Agenda Request
Determine next steps regarding one (1) vacancy term ending December 31, 2021 - Oneida Nation Vet
1. Meeting Date Requested:
12 / 12 / 18
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Appointments
Accept as Information only
Action - please describe:
Determine next steps regarding one (1) vacancy - Oneida Nation Veterans Affairs Committee.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Jennifer Webster, Council Member
Primary Requestor/Submitter:
Brooke Doxtator, Boards, Committees, and Commissions Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Public Packet
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
One (1) vacancy was posted for the Oneida Nation Veterans Affairs Committee to complete a term ending
December 31, 2021.
The application deadline was November 30, 2018 and two (2) applications were received for the following
individuals:
Michael Hill
Gerald Cornelius
Request to appoint one (1) applicant, reject the applicants, or to re-post the vacancy.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Public Packet
36 of 153
Oneida Business Committee Agenda Request
Determine next steps regarding one (1) vacancy term ending February 29, 2020 - Oneida Pow-wow C
1. Meeting Date Requested:
12 / 12 / 18
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Appointments
Accept as Information only
Action - please describe:
Determine next steps regarding one (1) vacancy - Oneida Pow-wow Committee
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Ernest L. Stevens III, Councilmember
Primary Requestor/Submitter:
Brooke Doxtator, Boards, Committees, and Commissions Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Public Packet
37 of 153
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
One (1) vacancy was posted for the Oneida Pow-wow Committee to complete a term ending February 29, 2020.
The application deadline was November 30, 2018 and four (4) applications were received for the following
individuals:
Jodi King
Tina Skenandore
Brian Moreno
Douglas Reed
Request to appoint one (1) applicant, reject the applicants, or to re-post the vacancy.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Public Packet
38 of 153
Oneida Business Committee Agenda Request
Determine next steps regarding one (1) vacancy - Oneida Nation School Board (At-Large)
1. Meeting Date Requested:
12 / 12 / 18
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Appointments
Accept as Information only
Action - please describe:
Determine next steps regarding one (1) community member at-large vacancy - Oneida Nation School Board.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, Vice-Chairman
Primary Requestor/Submitter:
Brooke Doxtator, Boards, Committees, and Commissions Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Public Packet
39 of 153
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
One (1) vacancy was posted for the Oneida Nation School Board to complete a term ending July 31, 2021.
The application deadline was November 02, 2018 and three (3) applications were received for the following
individuals:
Beverly Skenandore
Aaron Manders
Stacey Nieto
Request to appoint one (1) applicant, reject the applicants, or to re-post the vacancy.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Public Packet
Approve the December 3, 2018, regular Finance Committee meeting minutes
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Public Packet
41 of 153
Public Packet
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MEMORANDUM
TO:
Finance Committee
CC:
Business Committee
FR:
Denise Vigue, Executive Assistant
DT:
Dec. 4, 2018
RE:
E-Poll Results of: FC Meeting Minutes of December 3, 2018
An E-Poll vote of the Finance Committee was conducted to approve the 12/03/18
Finance Committee meeting minutes. The results of the completed E-Poll are as
follows:
E-POLL RESULTS:
There was a Majority 4 YES votes from Larry Barton, Patrick Stensloff, Chad Fuss,
and Daniel Guzman King to approve the December 3, 2018 Finance Committee
Meeting Minutes.
The minutes will be placed on the next Business Committee agenda of 12/12/18
for approval and placed on the next Finance Committee agenda of 12/31/18 to
ratify this E-Poll action.
Per the Finance Committee By-Laws Article III-Meetings; Sect: 3-4 Quorum. Four (4) members of the Finance
Committee shall constitute a quorum. & Sect: 3-6 Voting. (d) The Finance Committee shall act by a majority of vote
of the quorum present at any meeting.
Finance Administration Office
Phone: 920- 869-4325
FAO@oneidanation.org
Public Packet
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FINANCE COMMITTEE
FC REGULAR MEETING
Dec. 3, 2018 ▪ Time: 9:00 to 9:43 A.M.
BC Executive Conference Room
FC WORK MEETING
Dec. 3, 2018 ▪ Time: 9:45 to 10:45 A.M.
BC Executive Conference Room
REGULAR MEETING MINUTES
FC REGULAR MEETING:
Patricia King, Treasurer/FC Chair
Daniel Guzman King, BC Council Member
Patrick Stensloff, Purchasing Director
Larry Barton, CFO/FC Vice-Chair
Chad Fuss, AGGM-Finance (Gam. Alt.)
EXCUSED: Jennifer Webster, BC Council Member and Shirley Barber, FC Elder Member
OTHERS PRESENT: Carrie Lindsey, Henrietta Cornelius, Sam Vanden Heuvel, Scott Denny, Jaime
Metoxen and Denise J. Vigue taking minutes
FC WORK MEETING:
Patricia King, Treasurer/FC Chair
Daniel Guzman King, BC Council Member
Patrick Stensloff, Purchasing Director
Larry Barton, CFO/FC Vice-Chair
Chad Fuss, AGGM-Finance (Gam. Alt.)
EXCUSED: Jennifer Webster, BC Council Member and Shirley Barber, FC Elder Member
OTHERS PRESENT: Denise J. Vigue taking notes
I.
CALL TO ORDER: The Regular FC Meeting was called to order by the FC Chair at 9:01 A.M.
II.
APPROVAL OF AGENDA: DECEMBER 3, 2018
Motion by Larry Barton to approve the Finance Committee Meeting Agenda of Dec. 3, 2018 with
four ADD On requests under New Business #3-6. Seconded by Patrick Stensloff. Motion carried
unanimously.
III.
APPROVAL OF MINUTES: NOVEMBER 19, 2018 (Approved via E-Poll on 11/20/18):
Motion by Patrick Stensloff to ratify the FC E-Poll action taken on Nov. 20, 2018 approving the
Nov. 19, 2018 Finance Committee Meeting Minutes. Seconded by Larry Barton. Motion carried
unanimously.
IV.
TABLED BUSINESS: None
V.
CAPITAL EXPENDITURES: None
VI.
COMMUNITY FUND:
REPORT(S):
1.
Community Fund Report for December 2018
Denise J. Vigue, Finance
Motion by Patrick Stensloff to approve the December 2018 Community Fund Report. Seconded by
Daniel Guzman King. Motion carried unanimously.
Page 1 of 4
Finance Committee Meeting Minutes of December 3, 2018
Public Packet
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REQUESTS:
1.
Enspire 365 Blaze AAU Basketball Team Fees
Requestor: Michelle Reed for daughter, Hailey
Amount: $500.
Motion by Patrick Stensloff to approve from the Community Fund the Enspire 365 Blaze AAU
Basketball Team fees for the daughter of the requestor in the amount of $500.00. Seconded by
Larry Barton. Motion carried unanimously.
2.
Heard Museum Artists and Trade Fair Fees
Requestor: Cristina Danforth
Amount: $500.
Motion by Larry Barton to approve from the Community Fund the Heard Museum Artist and Trade
Fair booth fees only in the amount of $300.00. Seconded by Patrick Stensloff. Motion carried
unanimously.
3.
One Wisconsin Volleyball Club Fees
Requestor: Sylvia Cornelius for daughter, Hannah
Amount: $500.
Motion by Larry Barton to approve from the Community Fund the One Wisconsin Volleyball Club
fees for the daughter of the requestor in the amount of $500.00. Seconded by Patrick Stensloff.
Motion carried unanimously.
4.
De Pere Diggers Volleyball Club Fees
Requestor: Jodi Skenandore for daughter, Hanna
Amount: $500.
Motion by Larry Barton to approve from the Community Fund the De Pere Diggers Volleyball Club
fees for the daughter of the requestor in the amount of $500.00. Seconded by Patrick Stensloff.
Motion carried unanimously.
5.
Giving Tree Adopt-A-Family Chili Fundraiser
Jennifer Falck, LOC/OBC
Amount: 5 Cases
Motion by Patrick Stensloff to approve from the Community Fund five cases of Coca-Cola products
to sell at the Giving Tree Adopt-A-Family Chili Fundraiser. Seconded by Daniel Guzman King.
Motion carried unanimously.
VII.
NEW BUSINESS:
1.
HDS Doorways Software Upgrade
Dana McLester, Comprehensive Housing
Amount: $81,000.
Motion by Larry Barton to defer this request. Seconded by Daniel Guzman King. This motion was
withdrawn as representatives arrived.
Scott Denny and Jaime Metoxen were present to discuss this request with the FC. There were
questions from the FC about items not in the request including cyber security, approval from MIS this
is compatible with our system, final costs as what is in the packet isn’t the amount being requested,
sole source approval from granting agency, name on license, and the debarment search. Scott relayed
the software has been in place about 10 years need updated version to streamline staff processing,
he will ensure all information requested is forwarded to the FC.
Page 2 of 4
Finance Committee Meeting Minutes of December 3, 2018
Public Packet
45 of 153
Motion by Daniel Guzman King to defer this request to the next FC meeting and for the requestor
to submit the following: MIS support letter; HDS having cyber security protocols; granting agency
approval of sole source; corrected license for software; debarment search; and all associated costs
of this request. Seconded by Patrick Stensloff. Motion carried unanimously.
2.
Henry Schein Inc -OCHC Project #18-006
Paul Witek, Engineering Dept.
Amount: $966,618.20
Sam Vanden Heuval was present to discuss this project for renovations to the Dental Department
area at the Health Center, items discussed included: project being sent for approval early to avoid
price increases in Jan; legal review pending, letter needed from granting agency for sole source,
and debarment search needed; project slated to take place May 2019.
Motion by Larry Barton to approve the Henry Schein Inc, Purchase Order request for the OCHC
Dental Renovation Project #18-006 in the amount of $966,618.20 provided debarment search
information received. Seconded by Chad Fuss. Motion carried unanimously.
3.
ADD On: FY19 Blanket PO – Cerebral Palsy Center
Carrie Lindsey, Consolidated Health Svs-OCHC
Amount: $120,000.
This and following three are FY19 Blankets for each of the service providers; this request is sole
source as the center is only vendor in area to provide such services. CFO noted that next year please
follow deadlines in submitting requests.
Motion by Larry Barton to approve the FY19 Blanket Purchase Order for the Cerebral Palsy Center
in the amount of $120,000.00 Seconded by Patrick Stensloff. Motion carried unanimously.
4.
ADD On: FY19 Blanket PO – Home Instead Senior Care
Carrie Lindsey, Consolidated Health Svs-OCHC
Amount: $50,000.
They utilize several vendors for this type of care, this request is for the one vendor least used but still
offered to clients.
Motion by Patrick Stensloff. to approve the FY19 Blanket Purchase Order for the Home Instead
Senior Care in the amount of $50,000.00. Seconded by Chad Fuss. Motion carried unanimously.
5.
ADD On: FY19 Blanket PO – Helping Hands Caregivers
Carrie Lindsey, Consolidated Health Svs-OCHC
Amount: $300,000.
This vendor provides full services for tribal members in the program; FC noted a debarment search
not included in packet and will need that information for all these ADD On submissions.
Motion by Larry Barton to approve the FY19 Blanket Purchase Order for the Helping Hands
Caregivers in the amount of $300,000.00 contingent upon the submission of the debarment
search information. Seconded by Patrick Stensloff. Motion carried unanimously.
6.
ADD On: FY19 Blanket PO – Lamer’s Medical Transport
Carrie Lindsey, Consolidated Health Svs-OCHC
Amount: $120,000.
This is the only vendor to assist with transport to and from the CP Center; transit cannot offer special
medial needs and does not wait for pick-up of clients.
Page 3 of 4
Finance Committee Meeting Minutes of December 3, 2018
Public Packet
46 of 153
Motion by Chad Fuss to approve the FY19 Blanket Purchase Order for the Lamer’s Medical
Transport in the amount of $120,000.00. Seconded by Daniel Guzman King. Motion carried
unanimously.
VIII.
EXECUTIVE SESSION: None
IX.
FOLLOW UP: None
X.
FOR INFORMATION ONLY:
1.
Bally (4) Lease Games
David Emerson, Gaming - Slots
Motion by Patrick Stensloff to accept the Bally (4) Lease Games request as Information Only.
Seconded by Daniel Guzman King. Motion carried unanimously.
XI.
ADJOURN: Motion by Daniel Guzman King to adjourn. Seconded by Larry Barton. Motion
carried unanimously. Time: 9:43 A.M.
Minutes taken & transcribed by:
Denise Vigue, Executive Assistant to the CFO
& Finance Committee Contact/Recording Secretary
Finance Committee-E-Poll Minutes Approval Date:
December 4, 2018
Oneida Business Committee’s FC Minutes Approval Date:
Page 4 of 4
Finance Committee Meeting Minutes of December 3, 2018
Public Packet
47 of 153
Oneida Business Committee Agenda Request
Accept the November 21, 2018, regular Legislative Operating Committee meeting minutes
1. Meeting Date Requested:
12 / 12 / 18
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Standing Committees
Accept as Information only
Action - please describe:
Accept the November 21, 2018 Legislative Operating Committee meeting minutes.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. 11/21/18 LOC meeting minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
David P. Jordan, LOC Chairman
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
November 21, 2018
9:00 a.m.
Present: David P. Jordan, Jennifer Webster, Kirby Metoxen
Excused: Ernest Stevens III, Daniel Guzman King
Others Present: Kristen Hooker, Brandon Wisneski, Clorissa Santiago, Jennifer Falck, Leyne
Orosco, Brooke Doxtator, Bonnie Pigman
*note: Due to an error with the audio equipment this meeting was not recorded.
I.
Call to Order and Approval of the Agenda
David P. Jordan called the November 21, 2018 Legislative Operating Committee meeting
to order at 9:00 a.m.
Motion by Jennifer Webster to approve the agenda as is; seconded by Kirby Metoxen.
Motion carried unanimously.
II.
Minutes to be Approved
November 7, 2018 LOC Minutes
Motion by Kirby Metoxen to approve the November 7, 2018 Legislative Operating
Committee meeting minutes and forward to the Oneida Business Committee for
consideration; seconded by Jennifer Webster. Motion carried unanimously.
III.
Current Business
1. Petition: Dallas – Special Per Capita Payments and/or Options
Motion by Jennifer Webster remove the Petition: Dallas-Special Per Capita Payments
and/or Options from the active files list; seconded by Kirby Metoxen. Motion carried
unanimously.
2. Petition: Cathy L. Metoxen- Oneida Youth Leadership Institute
Motion by Kirby Metoxen to approve the Petition: Cathy L. Metoxen - Oneida Youth
Leadership Institute statement of effect and forward to the Oneida Business Committee
for consideration; seconded by Jennifer Webster. Motion carried unanimously.
3. Election Law Amendments
Motion by Jennifer Webster to accept the public meeting comments and the public
comment review memorandum and defer this item to a work meeting; seconded by
Kirby Metoxen. Motion carried unanimously.
IV.
New Submissions
Legislative Operating Committee Meeting Minutes of November 21, 2018
Page 1 of 2
Public Packet
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1. Recycling and Solid Waste Disposal Amendments
Motion by Jennifer Webster to add the Recycling and Solid Waste Disposal Law
amendments to the active files list and assign Jennifer Webster as the sponsor; seconded
by Kirby Metoxen. Motion carried unanimously.
2. Petition: Scott Kosbab – Creating Term Limits Law
Motion by Kirby Metoxen to add the Petition: Scott Kosbab – Creating Term Limits
Law to the active files list and assign David P. Jordan as the sponsor; seconded by
Jennifer Webster. Motion carried unanimously.
3. Petition: Gina D. Powless – Rescinding the Removal Law
Motion by Kirby Metoxen to add the Petition: Gina D. Powless – Rescinding the
Removal Law to the active files list and assign Kirby Metoxen as the sponsor; seconded
by Jennifer Webster. Motion carried unanimously.
V.
Additions - None
VI.
Administrative Items
1. Oneida Personnel Commission Update
Motion by Jennifer Webster to accept the Oneida Personnel Commission update and
forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion
carried unanimously.
VII.
Executive Session
VIII. Adjourn
Motion by Kirby Metoxen to adjourn the November 21, 2018 Legislative Operating
Committee meeting at 9:23 a.m.; seconded by Jennifer Webster. Motion carried
unanimously.
Legislative Operating Committee Meeting Minutes of November 21, 2018
Page 2 of 2
Public Packet
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Oneida Business Committee Agenda Request
Approve the adoption packet for Election Law Amendments for consideration at the January 21, 2019,
1. Meeting Date Requested:
12 / 12 / 18
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
General Tribal Council
Accept as Information only
Action - please describe:
The LOC approved the Election Law amendments adoption packet on December 5 ,2018.
Requested Action:
Include the approved adoption packet for Election Law Amendments in the January 21, 2018 GTC special
meeting materials, for the General Tribal Council's consideration.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Adoption Packet- Election Law Amendments
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
David P. Jordan, LOC Chairman
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
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:
General Tribal Council
Oneida Business Committee
January 21, 2019
Amendments to the Election Law
Please find the following attached backup documentation for your consideration of the
amendments to the Election law:
1.
2.
3.
4.
5.
6.
7.
Resolution: Amendments to the Election Law
Statement of Effect: Amendments to the Election Law
Election Law Amendments Legislative Analysis
Election Law Amendments (Redline)
Election Law Amendments (Clean)
Election Law Amendments Fiscal Impact Statement
Election Law Amendments PowerPoint Presentation Slides
Overview
At the November 12, 2017, Special General Tribal Council meeting, the General Tribal Council
adopted a motion to “accept the information presented and for the Oneida Business Committee to
take this information and the discussion to identify amendments to the Election Law for
presentation to action by the GTC during calendar year 2018.”
In accordance with General Tribal Council’s directive, the Legislative Operating Committee began
developing amendments to the Election law. In the development of these amendments, the
Legislative Operating Committee reviewed the Election Board’s bylaws, standard operating
procedures, final election reports, Oneida Judiciary decisions, General Tribal Council meeting
materials and election laws from other tribal nations. The Legislative Operating Committee also
held work meetings with the Election Board, received comments from the Trust Enrollment, and
held a public meeting.
At the October 28, 2018, General Tribal Council meeting an Election law update from the
Legislative Operating Committee was included on the agenda. This update included a draft of the
proposed amendments and notice of the public meeting and comment period for members to
provide feedback on the amendments. At this meeting, the General Tribal Council adopted a
motion “to adjourn and forward the remaining items, VI.A. Petitioner Linda Dallas re: Medicare
Part B premium payment and VI.B. Update regarding Election law amendments, to the 2019
annual meeting in January.”
This resolution adopts the proposed amendments to the Election law. The amendments to the
Election law will:
Page 1 of 2
Public Packet
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Require the Election Board to ensure election polling equipment and ballots are maintained
in a locked and secured area when not in use for an election [1 O.C. 102.4-8(a)];
Clarify when a member of the Election Board must recuse themselves from election
activities [1 O.C. 102.4-3];
Remove term limits for members of the Election Board [1 O.C. 102.4];
Clarify the process for submitting referendum questions [1 O.C. 102.7];
Shorten the timeframe for holding an election [1 O.C. 102.8-2. 102.13-1];
Clarify candidate eligibility in regard to positions on the Oneida Business Committee and
Judiciary [1 O.C. 102.9-5];
Transfer hearing authority from the Election Board to the Judiciary [1 O.C. 102.9-8];
Update the process for conducting a caucus [1 O.C. 102.13-1, 102.13-2];
Require notice of the election and election results to be posted on the Nation’s website [1
O.C. 102.14-1, 102.17-2];
Shorten the voter registration form [1 O.C. 102.15-1];
Eliminate provisional ballots for voters who do not show a photo ID or are ruled ineligible
to vote [1 O.C. 102.15-5];
Require a public test of the ballot machines prior to an election [1 O.C. 102.16-1];
Clarify the process for voters who require assistance at the polls [1 O.C. 102.16-4];
Require the separation of ballots from different polling locations [1 O.C. 102.16-9(a)];
Update the process for handling spoiled ballots [1 O.C. 102.16-10];
Reduce the number of Election Board members required to be at each polling site [1 O.C.
102.16-12(a)];
Update the process for conducting a recount [1 O.C. 102.18];
Clarify and update additional language throughout the Law.
In accordance with the Legislative Procedures Act, a public meeting on the proposed amendments
to the Election law was held on November 8, 2018. Four (4) members of the community attended
the public meeting with one (1) person providing oral comments. The public comment period
closed on November 16, 2018. The Legislative Operating Committee received two (2) submissions
of written comments during the public comment period. All comments public comments received
were accepted, reviewed, and considered by the Legislative Operating Committee on November
16, 2018. Any changes made based on those comments have been incorporated into this draft.
Additional information regarding the comments received during the public comment period and
the Legislative Operating Committee’s consideration of those comments can be found at
https://oneida-nsn.gov/government/register/public-meetings/.
Requested Action
Adopt the Resolution: Amendments to the Election Law.
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
GTC Resolution # _____________
Amendments to the Election Law
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 Election law (“the Law”) was most recently amended by the General Tribal Council
through resolution BC-04-23-17-A; and
WHEREAS,
the purpose of the Law is to govern the procedures for the conduct of orderly elections of
the Nation and provide clearly defined duties and responsibilities of the Election Board
members and other persons employed by the Oneida Nation in the conduct of elections;
and
WHEREAS,
the amendments to this Law require the Election Board to ensure election polling
equipment and ballots are maintained in a locked and secured area when not in use for an
election; and
WHEREAS,
the amendments to the Law clarify when a member of the Election Board must recuse
themselves from election activities; and
WHEREAS,
the amendments remove term limits for members of the Election Board; and
WHEREAS,
the amendments clarify the process for submitting referendum questions; and
WHEREAS,
the amendments shorten the timeframe for holding an election; and
WHEREAS,
the amendments to this Law clarify candidate eligibility in regard to positions on the Oneida
Business Committee and Judiciary; and
WHEREAS,
the amendments to this Law transfer hearing authority from the Election Board to the
Judiciary; and
WHEREAS,
the amendments update the process for conducting a caucus; and
WHEREAS,
the amendments require notice of the election and election results to be posted on the
Nation’s website in addition to prominent locations; and
WHEREAS,
the amendments to the Law shorten the voter registration form; and
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GTC Resolution # _______
Amendments to the Election Law
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WHEREAS,
the amendments eliminate provisional ballots for voters who do not show a photo ID or are
ruled ineligible to vote; and
WHEREAS,
the amendments to the Law require a public test of the voting machines prior to the election;
and
WHEREAS,
the amendments clarify the process for voters who require assistance at the polls; and
WHEREAS,
the amendments require the separation of ballots from different polling locations; and
WHEREAS,
the amendments to the Law update the process for handling spoiled ballots; and
WHEREAS,
the amendments to the Law reduce the number of Election Board members required at
each polling site; and
WHEREAS,
the amendments update the process for conducting a recount; and
WHEREAS,
the amendments to this Law make other minor drafting revisions and updates; and
WHEREAS,
a public meeting on the proposed amendments to this Law was held on November 8, 2018,
in accordance with the Legislative Procedures Act, and the public comments were
reviewed and accepted by the Legislative Operating Committee on November 16, 2018;
and
NOW THEREFORE BE IT RESOLVED, that the amendments to the Election law are hereby adopted and
shall be effective February 4, 2019.
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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
Amendments to the Election Law
Summary
This resolution adopts amendments to the Election law.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: December 5, 2018
Analysis by the Legislative Reference Office
The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council through
resolution GTC-01-07-13-A for the purpose of providing a process for the adoption of laws of the
Nation. [1 O.C. 109.1-1]. This resolution adopts amendments to the Election law, which comply
with all processes and procedures required by the LPA, including the development of a legislative
analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public
comment period. [1 O.C. 109.6, 109.7, 109.8].
The Election law was adopted by the Oneida General Tribal Council for the purpose of governing
the procedures for the conduct of orderly elections of the Nation, and to provide clearly defined
duties and responsibilities of the Election Board members and other persons employed by the
Oneida Nation in the conduct of elections. [1 O.C. 102.1-1, 102.1-2].
The amendments to the Election law will:
▪ Require the Election Board to ensure election polling equipment and ballots are maintained
in a locked and secured area when not in use for an election [1 O.C. 102.4-8(a)];
▪ Clarify when a member of the Election Board must recuse themselves from election
activities [1 O.C. 102.4-3];
▪ Remove term limits for members of the Election Board [1 O.C. 102.4];
▪ Clarify the process for submitting referendum questions [1 O.C. 102.7];
▪ Shorten the timeframe for holding an election [1 O.C. 102.8-2. 102.13-1];
▪ Clarify candidate eligibility in regard to positions on the Oneida Business Committee and
Judiciary [1 O.C. 102.9-5];
▪ Transfer hearing authority from the Election Board to the Judiciary [1 O.C. 102.9-8];
▪ Update the process for conducting a caucus [1 O.C. 102.13-1, 102.13-2];
▪ Require notice of the election and election results to be posted on the Nation’s website [1
O.C. 102.14-1, 102.17-2];
▪ Shorten the voter registration form [1 O.C. 102.15-1];
▪ Eliminate provisional ballots for voters who do not show a photo ID or are ruled
ineligible to vote [1 O.C. 102.15-5];
▪ Require a public test of the ballot machines prior to an election [1 O.C. 102.16-1];
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Clarify the process for voters who require assistance at the polls [1 O.C. 102.16-4];
Require the separation of ballots from different polling locations [1 O.C. 102.16-9(a)];
Update the process for handling spoiled ballots [1 O.C. 102.16-10];
Reduce the number of Election Board members required to be at each polling site [1 O.C.
102.16-12(a)];
Update the process for conducting a recount [1 O.C. 102.18];
Clarify and update additional language throughout the Law.
Additional minor changes are made to the draft to update the language and ensure compliance with
drafting style and formatting requirements.
In accordance with the LPA, a public meeting on the proposed amendments to the Election law
was held on November 8, 2018. Four (4) members of the community attended the public meeting
with one (1) person providing oral comments. The public comment period closed on November
16, 2018. The Legislative Operating Committee received two (2) submissions of written comments
during the public comment period. All comments public comments received were accepted,
reviewed, and considered by the Legislative Operating Committee on November 16, 2018. Any
changes made based on those comments have been incorporated into this draft.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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AMENDMENTS TO ELECTION LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
REQUESTER:
GTC
Intent of the
Amendments
Purpose
Affected Entities
Affected
Legislation
Enforcement/Due
Process
Public Meeting
Fiscal Impact
SPONSOR:
DRAFTER:
ANALYST:
Jennifer Webster
Clorissa N. Santiago
Brandon Wisneski
To update the Nation’s election process to require the Election Board to ensure
election polling equipment and ballots are secured and locked; to clarify when a
member of the Election Board must recuse themselves from election activities; to
remove term limits for members of the Election Board; to clarify the process for
submitting referendum questions; to shorten the timeframe for holding an election;
to eliminate provisional ballots for voters who do not show a photo ID or are ruled
ineligible to vote; to clarify candidate eligibility in regard to positions on the Oneida
Business Committee and Judiciary; to transfer hearing authority from the Election
Board to the Judiciary; to update the process for conducting a caucus; to require
notice of election and election results to be posted on the Nation’s website; to
shorten the voter registration form; to require a public test of the ballot machines
prior to an election; to require separation of ballots between each polling place; to
update the process for handling spoiled ballots; to reduce the number of Election
Board members required to be at each polling site; to update the process for
conducting a recount; and to clarify and update language throughout the law.
The purpose of the Election Law is to govern the procedures for the conduct of
orderly elections of the Nation, including pre-election activities such as caucuses
and nominations [see 102.1-1].
All qualified voters of the Oneida Nation; all elected officials of the Nation; all
candidates for elected office; Election Board; Trust Enrollment Department;
Oneida Police Department; Oneida Records Management Department; Zoning
Department; the Nation’s Secretary; and the Business Committee Support Office.
Election Law; Zoning and Shoreland Protection Law; Open Records and Open
Meetings Law; Boards, Committees and Commissions Law; Garnishment Law; Per
Capita Law.
Any qualified voter may challenge the results of an election by filing a complaint
with the Judiciary within ten (10) calendar days after the election [see 102.19-1].
Candidates deemed ineligible for the ballot by Election Board may appeal to the
Judiciary [see 102.9-8]. Election Board members who violate the Election Law may
be subject to removal in accordance with the Removal Law, termination of
appointment if appointed to fill a vacancy, or sanctions and penalties in accordance
with laws of the Nation [see 102.4-12]. A member who is removed from the
Election Board shall be ineligible to serve on the Election Board for three (3) years
from the time he or she is removed from the Election Board [see 102.4-12(a)(1)].
A public meeting was held on November 8th, 2018.
See fiscal impact statement prepared by Finance Dept. in accordance with the
Legislative Procedures Act.
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SECTION 2. LEGISLATIVE DEVELOPMENT
A. The Election Law was adopted by General Tribal Council (GTC) in accordance with Article III, Section
5 of the Constitution. The Election law governs the procedures for the conduct of orderly elections of
the Nation. The Election Law was most recently amended by GTC on April 23, 2017 to incorporate
Constitutional Amendments into the law, including lowering the age of qualified voters from twentyone (21) to eighteen (18).
B. On November 12, 2017, GTC passed a motion to “accept the information presented and for the Oneida
Business Committee to take this information and the discussion to identify amendments to the Election
Law for presentation to and action by the General Tribal Council during calendar year 2018.” The
meeting materials and discussion from this meeting included concerns regarding Election Board,
recount process, recusal process and security of ballots and ballot machines. In addition to the
discussion from this meeting, other potential revisions to the law have been identified by the Election
Board, Trust Enrollment Department, and a review of relevant Judiciary decisions.
C. As a result of this review, the following amendments to this law have been proposed by the Legislative
Operating Committee (LOC). The amendments will update the Nation’s election process to require the
Election Board to ensure election polling equipment and ballots are secured and locked; clarify when a
member of the Election Board must recuse themselves from election activities, remove term limits for
members of the Election Board; clarify the process for submitting referendum questions; shorten the
timeframe for holding an election; eliminate provisional ballots for voters who do not show a photo ID
or are ruled ineligible to vote; clarify candidate eligibility in regard to positions on the Oneida Business
Committee and Judiciary; transfer hearing authority from Election Board to the Judiciary; update the
process for conducting a caucus; require notice of election and election results to be posted on the
Nation’s website; shorten the voter registration form; require a public test of the ballot machines prior
to an election; to require separation of ballots between each polling place; update the process for
handling spoiled ballots; to reduce the number of Election Board members required to be at each polling
site; to update the process for conducting a recount; and clarify and update language throughout the
law.
SECTION 3. CONSULTATION AND OUTREACH
A. The Legislative Operating Committee (LOC) held a work meeting with the Election Board on January
25, 2018 to discuss the board’s ideas for potential amendments. In addition, the LOC reviewed
suggested amendments submitted by the Trust Enrollment Department.
B. The following documents were reviewed in the drafting of this analysis: The Nation’s Constitution, the
Election Board’s bylaws and standard operating procedures, Election Board Final Election Reports,
relevant Oneida Judiciary decisions, and the November 12, 2017 GTC Meeting minutes and materials.
C. The following laws were reviewed in the drafting of this analysis: Zoning and Shoreland Protection
Law, Open Records and Open Meetings Law, and Boards, Committees and Commissions Law. In
addition, the following Election Laws from other tribes were reviewed: Ho Chunk Election Code,
Menominee Nation Election Code, Forest County Potawatomi Election Code, and Stockbridge Munsee
Election Ordinance.
SECTION 4. PROCESS
A. Thus far, this law has followed the process set forth in the Legislative Procedures Act (LPA).
B. The law was added to the Active Files List on December 6, 2017.
C. At the time this legislative analysis was developed, the following work meetings were held/scheduled
regarding the development of this law and legislative analysis:
January 25, 2018: Work Meeting with Election Board
March 16, 2018: LOC Work Meeting
March 19, 2018: LOC Work Meeting
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March 23, 2018: LOC Work Meeting
March 29, 2018: LOC Work Meeting
April 2, 2018: LOC Work Meeting
April 19, 2018: LOC Work Meeting
May 2, 2018: LOC Work Meeting
June 20, 2018: LOC Work Meeting
July 12, 2018: LOC Work Meeting
August 6, 2018: LOC Work Meeting
August 28, 2018: LOC Work Meeting
September 5, 2018: LOC Work Meeting
October 8, 2018: LOC Work Meeting
October 17, 2018: LOC Work Meeting
November 16, 2018: LOC Work Meeting
SECTION 5. CONTENTS OF THE LEGISLATION
A. Election Board. This section describes the composition and duties of the Election Board. The Election
Board consists of nine (9) members elected by the membership. The Election Board is responsible for
conducting the elections of the Oneida Nation. The following revisions have been made to the Election
Board:
Term Limits. This law eliminates term limits for members of the Election Board. Election
Board members are elected by the membership. Currently, Election Board members are
limited to two consecutive three-year terms. After serving two terms, Board members must sit
out a term before they can run again [see Election Law, 1 O.C. 102.4-2]. Now, Election Board
members may run for as many terms as they wish.
o Comparison to other Oneida Boards, Committees and Commissions. Most other entities
of the Nation do not have term limits. For example, other elected entities such as Land
Commission, Land Claims Commission, Gaming Commission and Trust Enrollment
Committee do not have term limits. Currently, the only other elected board of the Nation
with term limits is Oneida Nation Commission on Aging (ONCOA). The Police
Commission, an appointed board, has term limit of no more than three consecutive fiveyear terms.
o Comparison to Election Boards of other tribal nations: Menominee Nation, Potawatomi
Nation, Ho Chunk Nation and Stockbridge Munsee have appointed Election Boards which
do not have term limits. However, the appointing body has control over who is appointed
and for how long.
o Advantages and Disadvantages of Term Limits: Potential advantages of term limits are
that they may bring new ideas and fresh perspectives to an elected body and give more
individuals an opportunity to participate in public service. Potential disadvantages of term
limits are that they deprive voters of the ability to elect the candidate of their choice and
that the elected body loses experienced members and institutional knowledge.
Recusal. Election Board members must recuse themselves from any pre-election, election day
and post-election activities if he or she is a petitioner, applicant or candidate in any election,
or if there is otherwise a conflict of interest [see 102.4-3].
o Immediate Family: A new provision has been added clarifying that Election Board
members must recuse themselves if an immediate family member is a petitioner, applicant
or candidate. This requirement was previously located in the Election Board’s bylaws, but
has been added directly into the law to strengthen and clarify this requirement [see 102.43(b)].
o Definition of Immediate Family Members. An immediate family member is defined as:
an individual’s father, mother, grandparent, sister, brother, wife, husband, daughter, son,
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father-in-law, mother-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law,
step-father, step-mother, step-sister, step-brother, step-daughter, step-son and any of these
relations obtained through legal adoption [see 102.3(m)].
o Recusal for Judiciary. Recusal provisions for members of the Nation’s Judiciary are
located in the Oneida Tribal Judiciary Canons of Judicial Conduct. The canons state that a
judge shall withdraw from any matter where the judge has or could be perceived to have a
conflict of interest. The canons go on to state that this includes personal, professional, or
fiduciary relationships between the Judge or an immediate family member of the Judge
[see Oneida Tribal Judiciary Canons of Judicial Conduct 8 O.C. 802, Section 2.2].
Securing Ballots and Voting Equipment. A new provision has been added that requires the
Election Board to ensure that election polling equipment and ballots are maintained in a locked
and secured area when they are not being used for an Election. This is added to clarify that it
is Election Board’s responsibility to secure the equipment, and that failure to do so is a
violation of this law [see 102.4-8(a)].
Standard Operating Procedures. The Election Board will be required to develop and follow
standard operating procedures (SOPs) regarding election activities and responsibilities. Any
updates to their standard operating procedures must be presented to the Business Committee
as information. For more information regarding the Election Board’s current SOPs, see
Section 9 “Other Considerations” in this analysis. [see 102.4-8(b)].
Enforcement and Removal. A new provision has been added regarding Enforcement, which
replaces the previous “Removal” section [see 102.4-12]. Election Board members who violate
the Election Law may be subject to:
o Removal: Election Board members who violate the Election Law may be removed in
accordance with the Removal Law. A member who is removed from the Election Board
will be prohibited from serving on the Election Board for three (3) years.
o Termination of Appointed Members. Election Board members who were appointed to fill
vacancies on the board may have their appointments terminated by the Oneida Business
Committee in accordance with the Boards, Committees and Commissions Law.
o Sanctions and Penalties. Election Board members may be subject to sanctions and
penalties in accordance with laws of the Nation regarding sanctions and penalties. The
Legislative Operating Committee (LOC) is currently drafting a Sanctions and Penalties
Law to increase accountability among elected and appointed officials of the Nation, which
will include members of the Election Board. At the time this analysis was drafted, the LOC
intends to present a Sanctions and Penalties Law to GTC for consideration once the draft
is complete and all legislative requirements are met.
B. Referendums. This section describes the process for referendums. Referendum questions may be
submitted by qualified voters at a caucus prior to an election. The following revisions have been
made to the referendum process to ensure a streamlined process: [see 102.7]
Standard Form. A provision has been added requiring the Secretary to provide a standard form
to submit referendum questions.
Yes or No Questions. In addition, referendum questions must be written in the form of a “yes
or no” question. The intent is to ensure that the questions are written clearly for the voter to
answer.
C. Candidate Eligibility. This section describes the requirements to be a candidate. The following
revisions have been made to this section [see 102.9]:
Applications. This provision clarifies that all candidates, including those nominated at caucus,
must fill out and turn in a completed application packet. Packets will be available in the BC
Support Office. In addition, the Election Board’s current practice is to provide application
packets at the caucus for those that have been nominated. The purpose of requiring the
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application form is to ensure that candidates meet the eligibility requirements for the office
they are seeking [see 102.9-4].
Proof of Minimum Eligibility Requirements. Applicants will now be required to attach proof
that they meet the requirements for the position they are running for. The Election Board must
include a list of the required documents on the application so that applicants are aware of what
they need to submit. If an applicant does not submit the required documentation or does not
completely fill out the application form, they will be disqualified by the Election Board [see
102.9-4(e)]. If an applicant feels they were unfairly disqualified, they can appeal to the
Judiciary.
o Example: An example of required documentation is proof of residency for positions that
require members to reside in Brown or Outagamie County or copies of degrees and
transcripts for positions that require a degree.
Applying for More than One BC or Judiciary Position. Under the current law, applicants
cannot run for more than one Business Committee or Judicial position. For example, an
applicant cannot file to run for both BC Chairperson and Councilperson in the same election.
However, the current law doesn’t state how the Election Board should handle this situation
when it occurs. This has led to cases in the Oneida Judiciary, where the Judiciary noted: “the
statute is silent as to whether a person has the opportunity to cure any defects and, if so, how
much time is afforded to cure such defects. Furthermore, the statute says nothing about
disqualifying a candidate from the election entirely who runs for more than one elective office”
[see Metoxen v. Election Board 17-AV-007]. Therefore, the following new provisions have
been added [see 102.9-5]:
o Include Restriction in Application Packet & Announce at Caucus. The restriction on
running for multiple BC or Judicial offices will be included in the application packet and
read aloud at the caucus, to ensure that all potential candidates are aware before applying
[see 102.9-5(a)].
o Process If an Applicant Applies For More Than One BC or Judiciary Position: If an
individual applies to run for more than one BC or Judiciary office, the Election Board will
only accept the first application that the individual submitted. Any additional applications
from that individual for other BC or Judicial offices will be rejected. The BC Support
Office will be required to timestamp all applications in the order they are received, and the
time stamp will be used to determine which application the individual filed first.
o Currently, the Election Board reports that they attempt to contact the applicant to determine
which office they want to run for. However, the Election Board has not always been able
to reach applicants in time for the deadline. The purpose of this new process is to provide
clear guidelines to applicants, the Election Board, and the Judiciary. It places responsibility
on applicants to follow the law while ensuring that applicants are not disqualified from the
ballot entirely.
Transfer of Hearing Authority to Judiciary. This law removes the Election Board’s hearing
body authority and transfers it to the Judiciary. In the current law, when an applicant is found
ineligible to be on the ballot by the Election Board, they can appeal that decision to a hearing
body made up of four (4) members of the Election Board. Instead, applicants will now appeal
directly to the Judiciary on an accelerated schedule [see 102.9-8].
Chart 1. Current Appeals Process for Candidates Found Ineligible for Ballot:
Applicant declared
ineligible for ballot
by Election Board
Candidate appeals
to Election Board
Hearing Body
(4 members)
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Chart 2. Proposed Appeals Process for Candidates Found Ineligible for Ballot:
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ineligible for ballot
by Election Board
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Transfer of Hearing Body Authority. GTC established a Judiciary through the adoption of
the Judiciary Law by GTC on January 7, 2013 and the approval of Article V to the Nation’s
Constitution in 2015. Since that time, several boards, committees and commissions have
transferred their hearing authority to the Judiciary, including Environmental Resource
Board (ERB) and Land Commission. The intent of transferring the Election Board’s
hearing authority is to continue consolidating administrative and judicial hearing
responsibilities in the Judiciary to increase consistency in the hearing process.
D. Restrictions on Campaigning and Campaign Signs. This section describes the restrictions on
campaigning, campaign signs and campaign finance. The following revisions have been made to
this section [see 102.11].
No Campaigning in Nation-Owned Buildings. A new provision has been added stating that
individuals cannot campaign in a building owned and operated by the Nation, with the
following exceptions:
o Private property, such as a residential house or apartment, a private business, or land not
owned by the tribe.
o Official election events sanctioned by the Election Board, including candidate forums and
debates. For example, an official candidate forum held at the Radisson.
o A room or space rented by an individual to hold an event.
Existing Campaign Restrictions. The current law already restricts employees from
campaigning during work hours. The current law also restricts candidates from campaigning
within 280 feet of the voting area during an election.
Process for Fines. Under the current law, the Election Board may issue fines for violating
campaign finance or campaign sign restrictions. This law clarifies that any campaign fines
must be paid to the Election Board within (90) ninety days after the fine is issued. The Election
Board may seek to collect fines through garnishment and per capita process if not paid in 90
days. Fines will be placed into the Nation’s general fund [see 102.10-4 and 102.11-4]
Types of Campaign Fines: In addition to fines for campaign finance violations and campaign
sign violations, the Election Board may now impose fines for violating restrictions on
campaigning within two hundred eighty (280) feet of the voting area during an election and
violating the new restriction on campaigning in buildings owned and operated by the Nation
[see 102.11-4].
Removal of Campaign Signs. A provision has been revised clarifying that the Zoning
Administrator is responsible for removing any campaign signs that are not in compliance with
the Election Law or Zoning and Shoreland Protection Law [see 102.11-5].
E. Candidate Withdrawal from the Election. This section describes the process for a candidate to
withdraw from an election prior to the submission of the ballot, prior to the opening of the polls,
after the opening of the polls, or after winning an election [see 102.12].
Declining Office After Winning Election. A provision has been added clarifying that if a
candidate declines an office after winning an election and after taking the oath of office, it will
be treated as a resignation. If a candidate declines an office after winning but before taking the
oath of office, then the next highest vote-getter will be declared the winner [see 102.12-6].
o
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F. Shortening Caucus and Primary Election Timeline. Changes have been made to the election
timelines to potentially shorten the length of the election season:
Caucus Timeline. In the current law, the caucus must be held at least ninety (90) days prior to
the general election. Instead, the caucus will now be held at least seventy-five (75) days prior
to the general election [see 102.13-1(a)].
Primary Election Timeline. In the current law, the primary election must be held on a Saturday
at least sixty (60) days prior to the general election. Instead, the primary election will now be
held on a Saturday at least thirty (30) days prior to the general election [see 102.8-1].
o Note that these deadlines refer to “at least,” or the minimum number of days prior to an
election. This means that Election Board may schedule the caucus or primary election more
than seventy-five (75) or thirty (30) days before the election.
Effect. The effect of these changes will potentially:
o increase the length of time from the caucus to primary election from at least 30 days to at
least 45 days;
o shorten the length of time from the primary election to the general election from at least 60
days to at least 30 days;
o shorten the length of the entire election season from the caucus to the general election from
at least 90 days to at least 75 days;
Chart 3. Current Election Timeline:
Chart 4. Proposed Election Timeline:
Caucus
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General Election)
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Primary Election
(at least 30 days before
General Election)
G. Caucus Procedure. The section describes the caucus process for selection of candidates.
Nominating Candidates by Motion. More detail has been added to the law to reflect the current
caucus process. The law clarifies that each position will be opened and closed for nomination
by motion during the caucus: [see 102.13-2]
o Example: A motion will be made to open nominations for the BC Chairperson position.
Once all nominations have been made for BC Chairperson, nominations will be closed for
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that position. Then, a motion will be made to open nominations for BC Vice Chair position,
and so on. The intent of this provision is to ensure an orderly caucus.
o If a candidate is not present at the caucus, or arrives late and misses the position they
wanted to be nominated for, they can still petition to be on the ballot. A petition to be on
the ballot requires only 10 signatures.
Nominating Yourself. A new provision has been added clarifying that an individual cannot
nominate themselves at the caucus. They must be nominated by someone else. [see 102.132(b)(1)].
H. Posting Election Notices & Tentative Results on the Nation’s Website. A provision has been added
requiring election notices and tentative election results to be posted on the Nation’s website, in
addition to being posted to the prominent locations.
The prominent locations include: the polling places, the Norbert Hill Center, the Oneida
Community Library, the Oneida Community Health Center, the Southeastern Oneida Tribal
Services (SEOTS) building, and all fuel stations operated by the Nation. The prominent
locations have been revised to remove Tsyunhehkwa Retail store, which is now called Oneida
Market and is located within an Oneida One Stop [see 102.3-2(t)].
Require Notices to be posted to Website. Election notices must be posted in the prominent
locations and the Nation’s “official media outlets,” which includes both the Nation’s website
and the Nation’s newspaper [see 102.14 and BC Resolution 03-22-17-B]. Tentative Election
results must be posted to the prominent locations and the Nation’s website [see 102.17-2]. The
purpose of requiring results to be posted on the website is to ensure that tribal members and
candidates receive election results quickly and conveniently.
I. Mailing Election Notices. The current law requires election notices to be mailed to all members of
the Nation. This provision has been changed to require election notices to be mailed only to members
of the Nation who are eligible to vote in the election. This means that the notice will be mailed to
enrolled tribal members age 18 years or older at the time of the election [see 102.14-3].
J. Shortened Voter Registration Form at Polling Site. When voters sign-in at the polls on election
day, they must fill out a voter registration form. This form has been shortened to only require name,
date of birth and enrollment number. The requirement that voters write down their maiden name and
current address has been removed. The intent of shortening this form is to speed up the line for
voters on Election Day. The Election Board reports that name, date of birth and enrollment number
are enough information to identify voters [see 102.15-1].
K. Elimination of Provisional Ballots for Voters Ruled Ineligible. Voters who are ruled ineligible to
vote at the polls by election officials will no longer have the right to cast a ballot or challenge the
decision of the election officials. An example of why a voter would be deemed ineligible to vote is
failure to show a photo ID [see 102.15-5].
Current Process. Currently, if a voter is deemed ineligible, they are still allowed to cast a
ballot. However, the ballot is placed in a sealed envelope and signed by two Election Board
members. The voter is then required to submit an appeal to the Election Board within two (2)
business days in order to challenge the Election Board’s decision. The Election Board then
has five (5) business days to issue a final decision on the voter’s eligibility. The Election Board
will only count the ballot if the board determines the individual was, in fact, eligible to vote.
L. Public Test of Ballot Machines. A new provision has been adding requiring a public test of the
ballot machines prior to each election. The Election Board will conduct this test no more than ten
(10) days prior to election day, and the public test will be noticed in the Nation’s newspaper and
website. The test will be performed by running a group of pre-audited marked ballots through the
machine to ensure that the machine records the correct, predetermined number. The intent of the
public test is to increase voter confidence in the voting equipment [see 102.16-1].
Public Tests of Ballot Machines in Wisconsin. The public test is modeled after public tests
held by Wisconsin municipalities to test their own ballot machines under section 5.84(1) of
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Wisconsin Statutes. Examples of area municipalities that hold public tests of ballot machines
include the City of De Pere, City of Green Bay, and Village of Ashwaubenon.
M. Voter Assistance. The Election Law has been clarified to state that a voter with a disability or other
impairment can request assistance from a member of the Election Board or any other qualified voter
of their choosing. A qualified voter is an enrolled member of the Oneida Nation aged 18 or older.
For example, a voter can request assistance from a family member or friend, as long as that person
is a qualified voter. The purpose of this revision is to clarify that voters may be assisted by any
qualified voter of their choosing, whether they are a member of the Election Board or not [see
102.16-4].
Qualified Voters Only. The intent of limiting assistance to qualified voters is to restrict the
voting area to qualified voters only, consistent with 102.16-8 of this law, which states that this
restriction is in the interest of maintaining security of the ballots and the voting process
N. Separation of Milwaukee and Oneida Ballots. A provision has been added to the law requiring
ballots from each polling site to be kept separate. There are currently two polling sites, one in Oneida
and one in Milwaukee. During the 2017 general election, the ballots from the manual count in
Milwaukee were combined with the machine count in Oneida. During recounts, it was no longer
possible to determine if a ballot came from the Milwaukee or Oneida count. By keeping the ballots
separate throughout the election process, it will be easier to determine if there were irregularities at
one of the polling sites [see 102.16-9(a)].
O. Spoiled Ballots Procedure. The process for spoiled ballots has been revised. Spoiled ballots will
now be placed in a locked, sealed container marked “spoiled ballots.” Previously, spoiled ballots
were placed in a marked envelope. In addition, the voter will now be required to witness their spoiled
ballot being placed into the container. The purpose of these provisions is to increase voter confidence
and to ensure that spoiled ballots are handled properly [see 102.16-10].
P. Reducing Number of Election Board Members Required at the Polls. The minimum number of
Election Board members required to be present at each polling site on Election day to sign the
election totals has been reduced from six (6) members to four (4) members. With the new ballot
machines, the Election Board reports that they are able to open and close the polls more efficiently,
requiring fewer members to be present. The Election Board also reports that lowering the number
of Board members required at each polling place may reduce the need for alternates. The Election
Board suggests this may produce a cost savings [see 102.16-12].
Q. Recount Process. Several revisions have been made to the recount process:
Extension of Deadline for Recount Requests. A provision has been added regarding deadlines
for a candidate to request a recount. Currently, candidates have five (5) business days after an
election to request a recount. If a recount reverses the result of an election, the candidate who
lost as a result of the recount will now have one (1) additional business day to request their
own recount. This ensures that a candidate impacted by a recount will still have the opportunity
to request their own recount [see 102.18-2(a)].
Require Election Board to Complete Recounts within Two (2) Business Days. Upon
receiving a recount request from the Nation’s Secretary, the Election Board will now have two
(2) business days to complete a recount instead of five (5) days. The purpose of shortening the
deadline is to get recount results out sooner, especially if the recount changes the result of the
election and the losing candidate wishes to request their own recount [see 102.18-4].
Recounts Conducted by Hand and by Machine. Currently, there is a discrepancy in the
Election Law regarding whether the Election Board must conduct recounts by hand or by
machine. A change has been made that will now require the Election Board to both hand count
and machine count the ballots during a recount. The intent of this change is to increase voter
confidence in the process and ensure an accurate count [see 102.18-7].
Posting Recount Results. The Election Board will now be required to post the tentative
recount results just like any other election results. The results will be posted in the prominent
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locations and the Nation’s official media outlets within 24 hours of the recount [see 102.189]. The intent of this change is to increase transparency of the recount process.
R. Minor Drafting Changes. Minor drafting changes have been made throughout the law, such as
changing “judge” to “Election judge” for clarity.
SECTION 6. EFFECT ON EXISTING LEGISLATION
A. References to Other Laws. The following laws of the Nation are referenced in this law. This law does
not conflict with any of the referenced laws.
Open Records and Open Meetings Law. Among the duties of the Election Board Secretary is to
keep a record of Election Board meetings and make them available to the Nation’s Secretary, other
Election Board members, and the public as required by the Open Records and Open Meetings Law
[see 102.4-9(c)].
Boards, Committees and Commissions Law. Stipend rates for Election Board members will be set
in accordance with the Boards, Committees and Commissions Law. At the time this analysis was
drafted, Election Board members receive $100 per meeting and $10 per hour to conduct elections
[see 102.4-10].
Personnel Policies and Procedures. Employees of the Nation are not allowed to campaign during
work hours. Employees that violate this provision will be subject to disciplinary action in
accordance with the Nation’s Personnel Policies and Procedures [see 102.11-1(c)].
Zoning and Shoreline Protection Law. The Zoning Administrator shall remove any campaign signs
that are not in compliance with this law, in accordance with the Zoning and Shoreline Protection
Law [see 102.11-3].
Garnishment Law and Per Capita Law. If a fine issued by the Election Board is not paid by the
deadline, the Election Board may seek to collect the money owed through the Nation’s garnishment
and/or per capita attachment process [see 102.10-4(b)].
SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS
A. Elimination of Provisional Voting. This law eliminates an existing right to challenge the decision of
election officials if a voter is deemed ineligible to vote on election day. An example of why a person
would be deemed ineligible to vote is failure to show a Photo ID.
Current Process: Under current law, if a voter is deemed ineligible to vote on election day, he or
she may still fill out a ballot. This ballot is sealed in a numbered envelope and initialed by two
Election Board members. The voter then has two (2) business days to mail a written appeal to
Election Board. The Election Board will issue a final decision, and will only count the ballot if it
is determined that the voter was, in fact, an eligible voter.
Proposed Process: Under this proposed law, if a voter is deemed ineligible to vote on election day,
they cannot fill out a ballot and cannot challenge the decision of the Election officials.
Provisional Voting in State of Wisconsin. The Wisconsin Election Commission reports that for
state elections, voters can receive a provisional ballot if they are unable or unwilling to provide
proof of identification. Provisional ballots are not counted unless the voter provides the required
information to the municipal clerk by 4:00 pm of the Friday following the election.
Provisional Voting in Other Tribes. There are examples of other tribes that allow versions of
provisional ballots:
o Ho Chunk Nation: If the eligibility of a voter is questioned, the ballot of that voter will be
enclosed in an envelope which will be endorsed with the voter’s name, the reason for the
challenge, and any refutation of the challenge. The Election Board will make the final
determination of the eligibility of the voter and will count the votes of those determined
eligible to vote [see Ho Chunk Election Code 13(j)].
o Forest County Potawatomi: If the eligibility of a voter is questioned by the Election Board,
the ballot of that voter shall be enclosed in an envelope which shall be endorsed with his
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or her name and the reason for the challenge. Challenges shall be made only on the basis
of eligibility for voting membership in the Tribe as specified in Article VI, Section 5 of the
Constitution of the Forest County Potawatomi Community. The eligibility of all challenged
ballots must be determined by a majority of the Election Board before tallying any votes.
If the voter is determined to be eligible that envelope will be opened and the ballot placed
in the ballot box [see Forest County Potawatomi Election Code 2.8].
Conclusion: The LOC should be aware that removing provisional voting eliminates an existing
right of voters of the Nation. Whether to allow provisional voting is a policy decision.
SECTION 8. ENFORCEMENT AND ACCOUNTABILITY
A. Challenging an Election. Any qualified voter may challenge the results of an election by filing a
complaint with the Judiciary within ten (10) calendar days after the election [see 102.19-1].
B. Challenging Election Board Decision Regarding Candidate Eligibility. An applicant found to be
ineligible for a nominated or petitioned for position shall have two (2) business days to request a
hearing with the Judiciary to review the eligibility status of the applicant [see 102.9-8].
C. Enforcement and Removal. Election Board members who violate the Election Law may be subject
to removal in accordance with the Removal Law, termination of appointment if appointed to fill a
vacancy, or sanctions and penalties in accordance with laws of the Nation [see 102.4-12].
D. Final Report. The Election Board is required to forward a Final Report to the Nation’s Secretary
after time has lapsed for recount requests, or challenges or after all recounts or challenges have
been completed. The Final Report must include the following information: Total number of persons
voting; total votes cast for each candidate by subsection of the ballot; list of any ties and final results
of those ties, including the method of resolution; list of candidates elected and position elected to;
number of spoiled ballots; and cost of the election, including compensation paid to each Election
Board member [see 102.19-2].
SECTION 9. OTHER CONSIDERATIONS
A. New Ballot Machines. The Election Board reports that they have purchased two (2) new DS200 ballot
machines. The Election Board reports that these machines include a regular maintenance schedule. For
more information regarding these machines, contact the Election Board.
B. Election Board Standard Operating Procedures (SOPs). The Business Committee Support Office has
worked with the Election Board to place their Standard Operating Procedures (SOPs) on the Nation’s
website, so that all members have access to the processes by which an election is conducted. The
Election Board’s SOPs include detailed instructions regarding ballots, the ballot box, testing ballot
machines, conducting elections, breaking a tie, conducting recounts and other-election related topics.
The SOPs may be viewed by selecting “Oneida Election Board” at www.oneidansn.gov/government/boards-committees-and-commissions/elected/
What is an SOP? SOPs are the detailed, step-by-step instructions for how an entity implements a
law or policy. The intent of an SOP is to ensure consistency in the process. Unlike laws, Election
Board SOPs are developed by the Election Board.
C. Sanctions and Penalties Law. The Legislative Operating Committee (LOC) is currently drafting a
Sanctions and Penalties Law to increase accountability among elected and appointed officials of the
Nation, which will include members of the Election Board. Currently, the only remedy for elected
officials is the Removal Law. However, there may be instances of misconduct that do not rise to the
level of removal. In these cases, other sanctions such as verbal warnings, written warnings, suspension
or fines may be more appropriate. This new law will create a formal complaint process and allow for
corrective actions against officials who violate laws, bylaws and SOPs of the Nation. At the time this
analysis was drafted, the LOC intends to present a Sanctions and Penalties Law to GTC for
consideration once the draft is complete and all legislative requirements are met.
D. Update Resolution Setting Fines for Election Violation. This law states that the Business Committee
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will pass a resolution specifying fines for violations of campaign finance restrictions [see 102.10-2(a)].
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The Business Committee passed a resolution setting fines for certain campaign violations in 2014 [see
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BC-01-22-14-A]. However, this resolution does not include fines for campaign finance violations or for
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Recommendation: The Business Committee should consider amending resolution BC-01-22-14-A
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E. New Forms or Procedures:
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form at the caucus.
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enacted; who may administer a program if the legislation is enacted; who may have financial
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Title 1. Government and Finances - Chapter 102
ELECTION
On<yote>a=k@= Tho Ni= Y%t Tsi> <yethiyatal@ko Tsi> Kayanl^hsla
People of the Standing Stone how it is we will appoint them the kind of laws we have
102.1.
102.2.
102.3.
102.4.
102.5.
102.6.
102.7.
102.8.
Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Election Board
General ElectionCandidate Eligibility
Special Election
Referendums
Primary Elections for Oneida Business Committee
Positions
102.9. Candidate Eligibility
102.10. Campaign Financing
102.11. Campaign Signs and Campaigning
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102.12. Candidate Withdrawal from the Election
102.13. Selection of Candidates
102.714. Notice of Polling Places
102.815. Registration of Voters
102.916. Election Process
102.10. Tabulating and Securing Ballots
17. 102.11. Election OutcomeOutcomes and Ties
102.12. Elections18. Recount Procedures
102.19. Challenges102.13. Oneida Nation Constitution and BylawDeclaration of Results
102.20. Constitutional Amendments
102.1. Purpose and Policy
102.1-1. Purpose. It is the policypurpose of the Nation that this law shallto govern the procedures
for the conduct of orderly elections of the Nation, including pre-election activities such as caucuses
and nominations. Because of the desire for orderly and easily understood elections, there has not
been an allowance made for write-in candidates on ballots.
102.1-2. This law defines the Policy. It is the policy of the Nation to have clearly defined duties
and responsibilities of the Election Board members and other persons employed by the Oneida
Nation in the conduct of elections. ItThis law is intended to govern all procedures used in the
election process.
102.2. Adoption, Amendment, Repeal
102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A and amended by resolutions GTC-01-04-10-A, BC-02-25-15-C and, GTC-04-23-17-A., and
GTC-__-__-__-__
102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to
the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding
amendments to this law and policies adopted regarding implementation of this law are to be
presented to the Business Committee who shall then adopt or forward action(s) to the General
Tribal Council for adoption.
102.2-3. 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.
102.2-4. 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.
102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
102.3. Definitions
102.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
102.3-2.(a) “Administrative offices” means the locations where the Oneida Business
Committee conducts business.
(b) “Alternate” shall mean an individual appointed by the Oneida Business Committee to
serve on the Election Board during an election and until election results have been certified.
102.3-3.(c) “Applicant” shall mean a potential candidate who has not yet been officially
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approved for acceptance on a ballot.
102.3-4.(d) “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m.,
excluding holidays of the Nation.
102.3-5.(e) “Campaigning” shall mean all efforts designed to influence members of the
Nation to support or reject a particular candidate of the Nation including, without
limitation, advertising, rallying, public speaking, or other communications with members
of the Nation.
102.3-6.(f) “Candidate” shall mean a petitioner or nominee for an elected position whose
name is placed on the ballot by the Election Board after successful application.
102.3-7.(g) “Clerk” shall mean the election officialan Election Board member who
identifies proper registration for the purpose of determining voter eligibility.
102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday.
102.3-9.(h) “Conflict of Interestinterest” shall mean any interest, whether it be personal,
financial, political or otherwise, in which a Nation elected official, employee, consultant,
appointed or elected, member of any board, committee or commission, or their immediate
relatives, friends or associates, or any other person with whom they have contact, that
conflicts with any right of the Nation to property, information, or any other right to own
and operate its enterprises, free from undisclosed competition or other violation of such
rights of the Oneida Nation, or as defined in any law or policy of the Nation.
102.3-10.(i) “Constitution” means the Constitution and By-laws of the Oneida Nation.
(j) “Election” shall mean every primary and election.
102.3-11.(k) “Election Judge” shall mean an Election Board member who informs and
advises the Election Board Chairperson of discrepancies, complaints and controversy
regarding voter eligibility.
(l) “General election” shall mean the election held every three (3) years in July to elect the
Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the
Oneida Business Committee, and may include contestselections for other elected boards,
committees and commissions positions.
102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of
discrepancies, complaints and controversy regarding voter eligibility.
102.3-13.(m) “Immediate family member” means an individual’s father, mother,
grandparent, sister, brother, wife, husband, daughter, son, father-in-law, mother-in-law,
sister-in-law, brother-in-law, daughter-in-law, son-in-law, step-father, step-mother, stepsister, step-brother, step-daughter, step-son, and any of the these relations attained through
legal adoption.
(n) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
102.3-14.(o) “Lot drawing” shall mean the equal chance method used to select a candidate
as the winner of an elected position, in the case of a tie between two (2) or more candidates.
102.3-15.(p) “Nation” means the Oneida Nation.
102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by
the Nation for the benefit of transmitting news to members of the Nation, which is designated by
the Election Board as a source for election related news.
102.3-17.(q) “Official media outlets” means the Oneida Nation’s website and the
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Kalihwisaks newspaper as identified by the Oneida Business Committee through resolution
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(r) “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a
individual employed as a police officer on any police forcewith the Oneida Police
Department.
102.3-18.(s) “Private property” shall mean any lot of land not owned by the Nation, a
residential dwelling or a privately owned business within the boundaries of the
Reservation.
102.3-19.(t) “Prominent locations” shall mean the polling places, main doors of the
Norbert Hill Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail
Store, the Oneida Community Health Center, the South Eastern Oneida Tribal Services
(SEOTS) building, and all One-Stop locationsfuel stations operated by the Nation.
102.3-20.(u) “Qualified voter” shall mean an enrolled member of the Nation who is
eighteen (18) years of age or older as defined in Article III, Section 2 of the Constitution.
102.3-21.(v) “Rejected Ballotsballots” shall mean those ballots which are rejected by the
vote tabulating machine.
102.3-22.(w) “Spoiled Ballotballot” shall mean a ballot which contains a voter error or is
otherwise marred and is not tabulated.
102.3-23.(x) “Teller” shall mean the election officialan Election Board member in charge
of collecting and storing of all ballots.
102.4. Election Board
Section A. 102.4-1. Establishment, Composition and Election
. 102.4-1. An Election Board is hereby created for the purpose of carrying out the provisions of
this law and Article III, Sections 2 and 3 of the Oneida Nation Constitution.
102.4-2. Composition. The Election Board shall consist of nine (9) elected members. All members
shall be elected to terms of three (3) years, not to exceed two (2) consecutive terms.
102.4-3. Recusal. An Election Board member shall recuse himself/ or herself from participating as
an Election Board member in any pre-election, election day, or post-election activities while he or
she is a petitioner, applicant or candidate in any election or there is otherwise a conflict of
interest.when:
(a) he or she is a petitioner, applicant or candidate in any election;
(b) a petitioner, applicant, or candidate in any election is an immediate family102.4-4. Removal.
Removal of members shall be pursuant to the Oneida Removal Law. A member who is removed
from the Election Board shall be ineligible to serve on the Board for three (3) years from the time
he or she is removed from the Election Board.
102.4-5. member of the Election Board member; or
(c) there is otherwise a conflict of interest.
102.4-4. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the
Oneida Business Committee for the balance of the unexpired term. The filling of a vacancy may
be timed to correspond with the pre-election activities and the needs of the Election Board.
102.4-65. The Election Board shall identify members who shall serve as tellers, judgesElection
Judges and clerks in advance of an election.
102.4-76 Election Board Alternates. The Oneida Business Committee may appoint or reappoint
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a sufficient number of alternates to the Election Board, as recommended by the Election Board, to
assist withduring an election day and pre-until election activitiesresults have been certified.
102.4-87. The Election Board shall choose a Chairperson from amongst themselves as set out in
the By-lawsbylaws of the Election Board, to preside over the meetings. This selection shall be
carried out at the first meeting of the Election Board following an election. The Chairperson shall
then ask the Election Board to select a Vice-Chairperson and a Secretary.
Section B. 102.4-8. Duties of the Election Board
102.4-9.. The Election Board shall have the following duties, along with other responsibilities
listed throughout this law.:
(a) The Election Board shall ensure that the election polling equipment and ballots are
maintained in a locked and secured area when not in use for an election;
(b) The Election Board shall develop and adhere to standard operating procedures
regarding election activities and responsibilities;
(1) The Election Board shall present updated and/or new standard operating
procedures to the Oneida Business Committee who shall then accept the standard
operating procedures as information only.
(c) The Election Board shall assist individuals with disabilities through the voting process;
(d) The Election Board shall be in charge of all registration and election procedures; and
(be) Upon completion of an election, the Election Board shall make a final report on the
election results as set out in this law.
Section C. 102.4-9. Specific Duties of Officers and Election Board Members
102.4-10. Specific. All Election Board members shall be required to attend all Election Board
meetings. Additional specific duties of the Chairperson and other Election Board members, in
addition to being present at all Election Board meetings and assisting include the handicapped
through the voting process, are as set out hereinfollowing:
(a) Chairperson: Shall. The Chairperson of the Election Board shall conduct the following
duties:
(1) preside over meetings of the Election Board; shall select the hearing body for
applicants found to be ineligible in accordance with 102.5-6 in the event of an
appeal; shall
(2) oversee the conduct of the election; shall
(3) dismiss the alternates and Trust Enrollment Department personnel when their
election day duties are complete; and shall post and report election results.
(4) post and report election results.
(b) Vice-Chairperson: Shall. The Vice-Chairperson shall preside over all meetings in the
absence of the Chairperson.
(c) Secretary: Shall. The Secretary shall keep a record of the meetings and make them
available to the Nation’s Secretary, other Election Board members, and the public as
required in the Open RecordsNation’s laws and Open Meetings Lawpolicies governing
open records and open meetings.
(d) Clerks: Shall. The clerks shall implement the requirements of identifying and
registering all voters and determining voter eligibility. Clerks shall work in conjunction
with the Trust Enrollment Department personnel in the registration process, and assist the
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Chairperson as directed in conducting the election. Clerks cannot be currently employed
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(1) Clerks shall not be currently employed by the Trust Enrollment Department.
(e) Tellers: Shall. Tellers shall collect and keep safe all ballots, until the election is
complete, as determined by this law. Shall, and shall assist the Chairperson in conducting
the election.
(f) Election Judges: Shall. Election Judges shall inform and advise the Chairperson of all
aspects of the election conducted under this law. In case of disputes among Election Board
members, or between members of the Nation and Election Board members, or any
controversy regarding voter eligibility, the Election Judge(s) shall assist the Chairperson
in making a determination. The Judge(s) shall also ensure that all ballots of voters whose
eligibility may be in question, remain confidential.
Section D. Compensation Rates
102.4-11. 102.4-10. Stipend Rates. Election Board members shall receive a stipend in accordance
with the Nation’s laws, policies, and resolutions governing boards, committees, and commissions.
Election Board members are to be compensated at an hourly rate when conducting elections as
provided for in the Election Board’s bylaws as approved by the Oneida Business Committee. The
Election Board shall have a budget, approved through the Nation’s budgeting process.
102.4-1211. Compensation of other Election Personnel. The Trust Enrollment Department
personnel and Oneida Police Officer(s) shall be compensated at their regular rate of pay out of
their respective budgets when performing official duties during an election in accordance with this
law.
102.4-12. Enforcement. A member of the Election Board found to be in violation of this law may
be subject to:
(a) removal pursuant to any laws and/or policies of the Nation’s governing removal, if the
Election Board member was elected to his or her position;
(1) A member who is removed from the Election Board shall be ineligible to serve
on the Election Board for three (3) years from the time he or she is removed from
the Election Board.
(b) termination of appointment by the Oneida Business Committee pursuant to any laws
and/or policies of the Nation governing boards, committees, and commissions, if the
Election Board member was appointed to his or her position by the Oneida Business
Committee; and/or
(c) sanctions and penalties pursuant to any laws and/or policies of the Nation governing
sanctions and/or penalties.
102.5. General Elections
102.5-1. In accordance with Article III, Section 5 of the Constitution, general elections shall be
held in the month of July on a date set by the General Tribal Council.
(a) The General Tribal Council shall set the election date at the January annual meeting,
or at the first General Tribal Council meeting held during a given year.
102.6. Special Elections
102.6-1. Initiation of Special Elections. A special election may be initiated by a request or
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directive of the General Tribal Council or the Oneida Business Committee.
(a) A member of the Nation may make a request for a special election to the Oneida
Business Committee or the General Tribal Council.
102.6-2. Matters subject to a special election include, but are not limited to, referendum questions,
vacancies, and/or petitions. Matters subject to a special election may be placed on the ballot of a
general election.
102.6-3. A special election shall follow the processes and procedures established for all other
elections.
102.6-4. The date of a special elections shall be set by the Oneida Business Committee as
recommended by the Election Board, or as ordered by the Judiciary in connection with an election
challenge.
102.6-5. Notice of Special Elections. Notice of a special election shall be posted by the Election
Board in the prominent locations, and placed in the Nation’s official media outlets not less than
ten (10) calendar days prior to the special election.
102.6-6. Emergency Cancelation of Special Elections. In the event of an emergency, the Election
Board may reschedule the special election, provided that no less than twenty-four (24) hour notice
of the rescheduled special election date is given to the voters, by posting notices in the prominent
locations.
102.7. Referendums
102.7-1. A qualified voter may submit a referendum question to be included on the ballot for a
general or special election for the purpose of soliciting an opinion from the voters of that election
on any issue directly affecting the Nation or its general membership.
102.7-2. The Nation’s Secretary shall develop and make available in the Business Committee
Support Office a standard referendum form.
102.7-3. A referendum question shall be written in a manner that solicits a “yes” or “no” response.
102.7-4. The referendum form shall be presented to the Nation’s Secretary at the caucus prior to
an election. Once received at a caucus, the referendum question shall be placed on the ballot of the
next election.
102.7-5. The results of a referendum question in which a majority of the qualified voters who cast
votes shall be binding on the Oneida Business Committee to present the issue for action and/or
decision at General Tribal Council.
102.8. Primary Elections for Oneida Business Committee Positions
102.8-1. There shall be a primary election for an Oneida Business Committee position whenever
there are three (3) or more candidates for any officer position or sixteen (16) or more candidates
for the at-large council member positions.
(a) The two (2) candidates receiving the highest number of votes cast for each officer
position shall be placed on the ballot.
(b) The fifteen (15) candidates receiving the highest number of votes cast for the at-large
council member positions shall be placed on the ballot.
(c) Any position where a tie exists to determine the candidates to be placed on the ballot
shall include all candidates where the tie exists.
102.8-2. The primary election shall be held on a Saturday at least thirty (30) calendar days prior
to the election.
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102.8-3. The Election Board shall cancel the primary election if the Oneida Business Committee
positions did not draw the requisite number of candidates for a primary by the petitioning deadline
date.
102.8-4. In the event a candidate withdraws or is unable to run for office after being declared a
winner in the primary, the Election Board shall declare the next highest primary vote recipient the
primary winner. This procedure shall be repeated as necessary until the ballot is full or until there
are no available candidates. If the ballot has already been printed, the procedures for notifying the
Oneida public in section 102.12-3 and 102.12-4 shall be followed, including the requirement to
print a notice in the Nation’s official media outlets if time lines allow.
102.9. Candidate Eligibility
Section A. Requirements
102.5-1. In102.9-1. All applicants shall meet the minimum eligibility requirements in order to
become a candidate, in addition to any specific requirements and/or exceptions set out in duly
adopted by-lawsbylaws or other documents, all applicants shall meet the minimum requirements
set out in this section in order to become a candidate..
102.59-2. Minimum Eligibility Requirements. In order to be eligible to be a candidate, applicants
shall:
(a) be an enrolled member of the Nation, as verified by membership rolls of the Nation.;
(b) be a qualified voter on the day of the election.; and
(c) provide proof of physical residency as required for the position for which they have
been nominated or for which they have petitioned. Proof of residency may be through one
(1) or more of the following:
(1) a valid Wisconsin driver’s license;
(2) a bill or pay check stub showing name and physical address of the candidate
from the prior or current month;
(3) another form of proof that identifies the candidate and that the candidate has
physically resided at the address and identifies that address as the primary
residence.
102.59-3. Conflict of Interest. No app
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