Oneida Business Committee (2022)

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Public Packet

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Oneida Business Committee

Executive Session

8:30 AM Tuesday, October 25, 2022

Virtual Meeting – Microsoft Teams

Regular Meeting

8:30 AM Wednesday, October 26, 2022

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 Government Administrative 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.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

MINUTES

Approve the October 12, 2022, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

RESOLUTIONS

Adopt resolution entitled Bureau of Indian Affairs Solid Waste Disposal FY-2023

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Special Diabetes for Indians Program (SDPI) for CY2023

and beyond through CY2027

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Fiscal Year 2023 COVID-19 Paid Time Off Hours

Sponsor: Todd VanDen Heuvel, Executive HR Director

Adopt resolution entitled Emergency Amendments to the Budget and Finances Law

Sponsor: David P. Jordan, Councilman

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VII.

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APPOINTMENTS

Determine next steps regarding one (1) vacancy - Oneida Election Board

Sponsor: Lisa Liggins, Secretary

Determine next steps regarding one (1) vacancy - Oneida Nation Arts Board

Sponsor: Lisa Liggins, Secretary

Determine next steps regarding five (5) vacancies - Oneida Youth Leadership

Institute Board

Sponsor: Lisa Liggins, Secretary

STANDING COMMITTEES

FINANCE COMMITTEE

LEGISLATIVE OPERATING COMMITTEE

VIII.

Accept the October 5, 2022, regular Legislative Operating Committee meeting

minutes

Sponsor: David P. Jordan, Councilman

STANDING ITEMS

IX.

Accept the October 17, 2022, regular Finance Committee meeting minutes

Sponsor: Larry Barton, Chief Financial Officer

ARPA FRF and Tribal Contribution Savings Submissions

Adopt resolution entitled Obligation for Change Management Initiatives

Utilizing Tribal Contribution Savings

Sponsor: Todd VanDen Heuvel, Executive HR Director

Adopt resolution entitled Obligation for On^yote?a?ká ni?i Project Plan

Utilizing Tribal Contribution Savings

Sponsor: Lisa Liggins, Secretary

Adopt resolution entitled Obligation for Transit Garage Utilizing Tribal

Contribution Savings

Sponsor: Mark W. Powless, General Manager

TRAVEL REPORTS

Approve the travel report - Vice-Chairman Brandon Stevens - Tribal Leaders Dinner Washington, D.C. - April 27-28, 2022

Sponsor: Brandon Stevens, Vice-Chairman

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Approve the travel report - Vice Chairman Brandon Stevens - Democratic

Congressional Campaign Committee Tribal Policy Retreat - Palm Springs, CA September 8-10, 2022

Sponsor: Brandon Stevens, Vice-Chairman

Approve the travel report - Councilwoman Marie Cornelius - Packers VIP trip London, U.K. - October 4-10, 2022

Sponsor: Marie Cornelius, Councilwoman

NEW BUSINESS

Accept the Emergency Management After Action Report regarding the June 15,

2022, Severe Weather Event

Sponsor: Kaylynn Gresham, Director/Emergency Management

Approve the nomination of Councilwoman Jennifer Webster to the U.S. Department

of Health and Human Services Secretary’s Tribal Advisory Committee (STAC) and

authorize Chairman Tehassi Hill to sign nomination letter

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Approve the nomination of Debra Danforth to the National Institutes of Health Tribal

Advisory Committee (NIH TAC) and authorize Chairman Tehassi Hill to sign

nomination letter

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Approve three (3) requested actions - CDC # 19-004 Amelia Cornelius Culture Park

Sponsor: Mark W. Powless, General Manager

Approve the 2023 Oneida Business Committee meeting, reporting, and standing

meeting schedules

Sponsor: Lisa Liggins, Secretary

Schedule a special Business Committee meeting on December 16, 2022, at 9:00 a.m.

for the Year End Financial Statements

Sponsor: David P. Jordan, Councilman

Post one (1) vacancy - Oneida Nation Commission on Aging

Sponsor: Lisa Liggins, Secretary

Enter the e-poll results into the record regarding an approved exception to

resolution # BC-01-12-22-A to cancel the November 9, 2022, BC meeting

Sponsor: Lisa Liggins, Secretary

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REPORTS

XII.

OPERATIONAL (10:00 a.m.)

Accept the Big Bear Media FY-2022 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Comprehensive Health Division FY-2022 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Comprehensive Housing Division FY-2022 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Digital Technology Services FY-2022 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Education & Training FY-2022 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Environmental, Health, Safety, Land, & Agriculture Division FY2022 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Grants FY-2022 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Governmental Services Division FY-2022 4th quarter report

Sponsor: Mark W. Powless, General Manager

Accept the Public Works Division FY-2022 4th quarter report

Sponsor: Mark W. Powless, General Manager

GENERAL TRIBAL COUNCIL

Consider request to declare the General Tribal Council Stipend a General Welfare

Assistance payment

Sponsor: Nancy Barton, Tribal Member

Consider request to schedule a General Tribal Council meeting regarding the three

(3) petitions from N. Dallas, M. Debraska, and L. Elm

Sponsor: Nancy Barton, Tribal Member

Consider request to schedule a General Tribal Council meeting to address the

budget at the Resch Center by December 31, 2022

Sponsor: Nancy Barton, Tribal Member

Consider request from the Oneida Land Claims Commission regarding the

November 15, 2022, semi-annual General Tribal Council meeting agenda

Sponsor: Chris Cornelius, Chair/Oneida Land Claims Commission

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XIII.

EXECUTIVE SESSION

XIV.

Schedule the 2023 annual General Tribal Council meeting

Sponsor: Lisa Liggins, Secretary

REPORTS

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Accept the General Manager report (10:00 a.m.)

Sponsor: Mark W. Powless, General Manager

Accept the Chief Financial Officer October 2022 report

Sponsor: Larry Barton, Chief Financial Officer

Accept the Intergovernmental Affairs, Communications, and Self-Governance

October 2022 report

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

NEW BUSINESS

Review application(s) for one (1) vacancy - Oneida Election Board

Sponsor: Lisa Liggins, Secretary

Review application(s) for one (1) vacancy - Oneida Nation Arts Board

Sponsor: Lisa Liggins, Secretary

Review application(s) for five (5) vacancies - Oneida Youth Leadership

Institute Board

Sponsor: Lisa Liggins, Secretary

Determine next steps regarding request of employment contract review from

DR14

Sponsor: Lisa Liggins, Secretary

Assign the hiring team for DR05 job posting

Sponsor: Lisa Liggins, 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 Government Administrative Office at (920) 869-4364 or

(800) 236-2214

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Approve the October 12, 2022, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

10/26/22

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CELLIS1

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, October 12, 2022

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

REGULAR MEETING

Present: Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council members: Marie Cornelius,

David P. Jordan, Kirby Metoxen;

Not Present: Chairman Tehassi Hill, Treasurer Tina Danforth, Councilwoman Jennifer Webster;

Arrived at: Councilman Daniel Guzman King at 8:40 a.m.;

Others present: Jo Anne House, Larry Barton, Todd Vandenheuvel (via Microsoft Teams1), Katsitsiyo

Danforth (via Microsoft Teams), Kaylynn Gresham (via Microsoft Teams), Danelle Wilson (via Microsoft

Teams), Rhiannon Metoxen (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Rae Skenandore

(via Microsoft Teams), Lisa Summers (via Microsoft Teams), Clorissa Santiago (via Microsoft Teams),

Loucinda Conway (via Microsoft Teams), Melanie Burkhart (via Microsoft Teams), Lori Hill (via Microsoft

Teams), Nicole Rommel (via Microsoft Teams), Carolyn Salutz (via Microsoft Teams), Jameson Wilson

(via Microsoft Teams), Christopher Johnson (via Microsoft Teams), Patricia King (via Microsoft Teams),

Debbie Melchert (via Microsoft Teams), Brooke Doxtator (via Microsoft Teams), Carol Silva (via Microsoft

Teams), Mark A. Powless, Sr. (via Microsoft Teams), Jonas Hill (via Microsoft Teams), Mary Graves (via

Microsoft Teams), Mike Debraska (via Microsoft Teams), Deke Suri, Aliskwet Ellis;

CALL TO ORDER

Meeting called to order by Vice-Chairman Brandon Stevens at 8:36 a.m.

For the record: Chairman Tehassi Hill is out on vacation, Treasurer Tina Danforth is out on medical

leave, and Councilwoman Jennifer Webster is out on approved travel attending the Administration for

Children & Families Tribal Advisory Committee in Sequim, WA.

II.

OPENING (00:00:31)

Opening provided by Councilman Kirby Metoxen

Special recognition for years of service

Sponsor: Todd VanDen Heuvel, Executive HR Director

Special recognition for years of service by Vice-Chairman Brandon Stevens of the following individuals:

35 years of service - Carmen Danforth, Rebecca Schommer, Mercie Danforth; 30 years of service Blair Braaten, Jodi Skenandore, Helen Huff, Sylvia Cornelius, Tonya Webster, Sherry Flauger, Deanna

Stevens, Susan Higgs, Lloyd Zeise, Margaret Kruse, Dale Metoxen, Kerry Cornelius, Shad Webster;

25 years of service - Stacy Buckley, Rosa John, Jean Veraghen, Larry Hill, Jean Olson.

Councilman Daniel Guzman King arrived at 8:40 a.m.

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

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III.

ADOPT THE AGENDA (00:04:22)

Motion by Kirby Metoxen to adopt the agenda with two (2) additions [1) under the Travel Request

section, add item entitled Approve the travel request - Councilwoman Marie Cornelius - Wis DOT InterTribal Task Force (ITTF) meeting and the Wisconsin Tribal Transportation Conference (WTTC) Baraboo, WI - October 24-26, 2022; and 2) under the New Business section, add item entitled Accept

the Purple Heart Reservation designation signs update], seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

IV.

OATH OF OFFICE

Oneida Nation Veteran Affairs Committee - Deke Suri (00:05:40)

Sponsor: Lisa Liggins, Secretary

Oath of office administered by Secretary Lisa Liggins. Deke Suri was present.

MINUTES

Approve the September 28, 2022, regular Business Committee meeting minutes

(00:07:41)

Sponsor: Lisa Liggins, Secretary

Motion by Marie Cornelius to approve the September 28, 2022, regular Business Committee meeting

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

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

VI.

STANDING COMMITTEES

LEGISLATIVE OPERATING COMMITTEE

Accept the September 21, 2022, regular Legislative Operating Committee

meeting minutes (00:08:02)

Sponsor: David P. Jordan, Councilman

Motion by Marie Cornelius to accept the September 21, 2022, regular Legislative Operating Committee

meeting minutes, seconded by Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

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VII.

STANDING ITEMS

ARPA FRF and Tribal Contribution Savings Submissions

Consider the request for an ARPA FRF and Tribal Contribution Savings funded

community park improvement project (00:08:26)

Sponsor: Dylan Benton, Tribal Member

Motion by Lisa Liggins to forward the request to the General Manager's office for review and to bring

back an initial discussion to the November BC work session, seconded by Kirby Metoxen. Motion

carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Adopt resolution entitled Obligation for Beef Discount Project Utilizing Tribal

Contribution Savings (00:11:35)

Sponsor: Mark W. Powless, General Manager

Motion by David P. Jordan to adopt resolution entitled 10-12-22-A Obligation for Beef Discount Project

Utilizing Tribal Contribution Savings, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen

Abstained:

Marie Cornelius, Lisa Liggins

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

For the record: Councilwoman Marie Cornelius stated I don't see that this was brought to the BC work

session in September. It's not clear to me on what this was about, so I can't really vote for it. I'm going

to abstain. Thank you.

Adopt resolution entitled Obligation for Oneida Nation Farm Combine Utilizing

Tribal Contribution Savings (00:30:50)

Sponsor: Mark W. Powless, General Manager

Motion by Daniel Guzman King to adopt resolution entitled 10-12-22-B Obligation for Oneida Nation

Farm Combine Utilizing Tribal Contribution Savings with one (1) correction [1) in line 45, correct "2022"

to "2023"], seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby

Metoxen

Abstained:

Lisa Liggins

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

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Adopt resolution entitled Obligation for Oneida Nation Farm Office Utilizing

Tribal Contribution Savings (00:40:15)

Sponsor: Mark W. Powless, General Manager

Motion by Daniel Guzman King to adopt resolution entitled 10-12-22-C Obligation for Oneida Nation

Farm Office Utilizing Tribal Contribution Savings, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby

Metoxen

Abstained:

Lisa Liggins

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

For the record: Secretary Lisa Liggins stated I abstained from items VII.A.2, 3, and 4, because I was

not present at the September 20, 2022, BC work session where these requests were discussed as I

was out on approved travel, attending the Tribal Constitutions Native Nations Institute seminar.

Motion by Lisa Liggins to direct the General Manager to submit the approval notice from the APRA

FRF office to BC Agenda Requests regarding items VII.A.2., 3, and 4, seconded by Marie Cornelius.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

VIII.

TRAVEL REPORTS

Approve the travel report - Secretary Lisa Liggins - National Congress of American

Indians (NCAI) Mid Year Conference & Marketplace - Anchorage, AL - June 12-16,

2022 (00:50:28)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to approve the travel report from Secretary Lisa Liggins for the National

Congress of American Indians (NCAI) Mid Year Conference & Marketplace in Anchorage, AL - June

12-16, 2022, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Approve the travel report - Secretary Lisa Liggins - Assembly Democratic

Campaign Committee Fundraiser - Wisconsin Dells, WI - July 26-27, 2022

(00:50:50)

Sponsor: Lisa Liggins, Secretary

Motion by Marie Cornelius to approve the travel report from Secretary Lisa Liggins for the Assembly

Democratic Campaign Committee Fundraiser in Wisconsin Dells, WI - July 26-27, 2022, seconded by

David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

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Approve the travel report - Secretary Lisa Liggins - Tribal Constitutions Native

Nations Institute Seminar - Phoenix, AZ - September 18-20, 2022 (00:51:12)

Sponsor: Lisa Liggins, Secretary

Motion by Marie Cornelius to approve the travel report from Secretary Lisa Liggins for the Tribal

Constitutions Native Nations Institute Seminar in Phoenix, AZ - September 18-20, 2022, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

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IX.

TRAVEL REQUESTS

Approve the travel request - Chairman Tehassi Hill - Indian Child Welfare Act

Events - Washington, D.C. - November 8-10, 2022 (00:52:26)

Sponsor: Tehassi Hill, Chairman

Motion by Lisa Liggins to approve the travel request for the full Business Committee to attend the

Indian Child Welfare Act Events in Washington, D.C. - November 8-10, 2022, seconded by David P.

Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

For the record: Councilman Kirby Metoxen stated I want anyone who's on here understands the

severity of this Indian Child Welfare in the Supreme Court and it is a case where it's some non-tribal

entities challenging tribal sovereignty and should this case be in favor of the non-tribal, this is an

attempt to chip away at our sovereignty. The non-tribal entity is arguing that it's race-based and should

they win at this case, it starts chipping away at our Indian Health Service trust responsibility of the

federal government to tribes, the Indian Gaming Regulatory Act, it’s now could be an opening door to

start chipping away at tribal sovereignty. And so, across the country they are asking for tribes and tribal

communities to support this effort of Indian Child Welfare is not a race-based law, it's a political law.

We just want to make sure that we're supported and heard and there's four tribes in this case and

Oneida is one of the tribes that are behind this in full force. Ultimately, I'd like to see a bus or two

buses of tribal members going to Washington and I'm hoping tribes, the 567 tribes across the country,

are rallying to this rally before the Supreme Court in Washington. I think it's very critical and I want to

make sure that tribal members understand it. If you are listening here and you have the time and

money, you know, support this effort for tribes, this is a time where we need all the support we can get

in cases like this. Thank you.

Motion by Lisa Liggins to approve more than fifteen (15) employees to attend the Indian Child Welfare

Act Events in Washington, D.C. - November 8-10, 2022, in accordance with section § 219.4-3(c),

seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Motion by Lisa Liggins to direct the Secretary, Chief Counsel, General Manager, and the

Intergovernmental Affairs Director to work together to determine funding and travel arrangements for

the additional attendees, noting some requests may require e-poll approval, seconded by Marie

Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

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Approve the travel request - Councilwoman Marie Cornelius - Wis DOT InterTribal Task Force (ITTF) meeting and the Wisconsin Tribal Transportation

Conference (WTTC) – Baraboo, WI - October 24-26, 2022 (01:09:43)

Sponsor: Marie Cornelius, Councilwoman

Motion by Lisa Liggins to approve the travel request for Councilwoman Marie Cornelius to attend the

Wis DOT Inter-Tribal Task Force (ITTF) meeting and the Wisconsin Tribal Transportation Conference

(WTTC) in Baraboo, WI - October 24-26, 2022, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

NEW BUSINESS

HRD follow up from September 28, 2022, regular Oneida Business Committee

meeting and directives for FY-2023 budget (01:10:18)

Sponsor: Todd VanDen Heuvel, Executive HR Director

Motion by Lisa Liggins to defer the follow up from the Executive HR Director to the October 26, 2022,

regular Business Committee meeting, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Review the Surveillance (Chapter 15) Oneida Gaming Minimum Internal Control

Standards and determine next steps (01:11:12)

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Motion by Lisa Liggins to accept the notice of the Oneida Gaming Minimum Internal Control Standards

- Chapter 15 - Surveillance approved by the Oneida Gaming Commission on September 6, 2022, and

direct notice to the Oneida Gaming Commission there are no requested revisions under section §

501.6-14(d), seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Review the Craps Rules of Play and determine next steps (01:11:54)

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Motion by Lisa Liggins to accept the notice of the Craps Rules of Play approved by the Oneida Gaming

Commission on September 22, 2022, and direct notice to the Oneida Gaming Commission there are

no requested revisions under section § 501.6-14(d), seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

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Review the Four Card Poker Rules of Play and determine next steps (01:12:40)

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Motion by Lisa Liggins to accept the notice of the Four Card Poker Rules of Play approved by the

Oneida Gaming Commission on September 22, 2022, and direct notice to the Oneida Gaming

Commission there are no requested revisions under section § 501.6-14(d), seconded by Kirby

Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Review the Mississippi Stud Rules of Play and determine next steps (01:13:22)

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Motion by Lisa Liggins to accept the notice of the Mississippi Stud Rules of Play approved by the

Oneida Gaming Commission on September 22, 2022, and direct notice to the Oneida Gaming

Commission there are no requested revisions under section § 501.6-14(d), seconded by Marie

Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Review the Three Card Poker Rules of Play and determine next steps (01:14:11)

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Motion by Lisa Liggins to accept the notice of the Three Card Poker Rules of Play approved by the

Oneida Gaming Commission on September 22, 2022, and direct notice to the Oneida Gaming

Commission there are no requested revisions under section § 501.6-14(d), seconded by Marie

Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Post one (1) vacancy - Oneida Land Claims Commission (01:15:04)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to post one (1) vacancy for the Oneida Land Claims Commission, seconded

by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Post one (1) vacancy - Oneida Police Commission (01:15:53)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to post one (1) vacancy for the Oneida Police Commission, seconded by

Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

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Accept the Purple Heart Reservation designation signs update (01:16:12)

Sponsor: Marie Cornelius, Councilwoman

Motion by Lisa Liggins to accept the Purple Heart Reservation designation signs update, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

XI.

GENERAL TRIBAL COUNCIL

Approve the notice for the tentatively scheduled November 15, 2022, semi-annual

General Tribal Council meeting (01:19:24)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to approve the notice for the tentatively scheduled November 15, 2022, semiannual General Tribal Council meeting, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

XII.

EXECUTIVE SESSION (01:25:40)

Motion by David P. Jordan to go into executive session at 10:02 a.m., seconded by Lisa Liggins.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Motion by Marie Cornelius to come out of executive session at 11:56 a.m., seconded by Kirby

Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 9 of 12

October 12, 2022

Public Packet

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DRAFT

REPORTS

Accept the Chief Counsel report (01:26:45)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lisa Liggins to approve an exception to General Tribal Council Meeting Stipend Payment

Policy, section § 111.4-2(b) and direct that registration end on November 14, 2022, at 5:00 p.m. CST

for the semi-annual General Tribal Council meeting, tentatively scheduled for November 15, 2022,

seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Motion by Lisa Liggins to direct the Virtual General Tribal Council Meeting Team to assess the meeting

processes to identify solutions and bring the registration deadline as close to the in person General

Tribal Council registration deadline as possible for future General Tribal Council meetings held in a

virtual environment, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Motion by Lisa Liggins to direct that the information/statistics for the semi-annual General Tribal

Council meeting, tentatively scheduled for November 15, 2022, be limited to the information/statistics

currently collected at an in-person General Tribal Council meeting, seconded by Marie Cornelius.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Motion by Lisa Liggins to accept the Chief Counsel report, seconded by Marie Cornelius. Motion

carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Accept the General Manger report (01:28:57)

Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to accept the General Manger report, seconded by David P. Jordan. Motion

carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 10 of 12

October 12, 2022

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DRAFT

AUDIT COMMITTEE

Accept the August 18, 2022, regular Audit Committee meeting minutes

(01:29:13)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the August 18, 2022, regular Audit Committee meeting minutes,

seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Accept the Cage/Vault/Kiosk compliance audit and lift the confidentiality

requirement (01:29:28)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the Cage/Vault/Kiosk compliance audit and lift the confidentiality

requirement, seconded by Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

NEW BUSINESS

Approve the attorney contract amendment - Oneida Law Office - file # 2019-1119

(01:29:43)

Sponsor: Jo Anne House, Chief Counsel

Motion by Kirby Metoxen to approve the attorney contract amendment - Oneida Law Office - file #

2019-1119, seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Enter the e-poll results into the record regarding the approved updated job

description for DR05 and approve the request to post (01:30:01)

Sponsor: Lisa Liggins, Secretary

Motion by Kirby Metoxen to enter the e-poll results into the record regarding the approved updated job

description for DR05 and approve the request to post, seconded by Daniel Guzman King. Motion

carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 11 of 12

October 12, 2022

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DRAFT

XIII.

ADJOURN (01:30:20)

Motion by Marie Cornelius to adjourn at 12:00 p.m., seconded by Daniel Guzman King. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Minutes prepared by Aliskwet Ellis, Information Management Specialist.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 12 of 12

October 12, 2022

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Adopt resolution entitled Bureau of Indian Affairs Solid Waste Disposal FY-2023

Business Committee Agenda Request

1. Meeting Date Requested:

10/26/22

2. Session:

☒ Open ☐ Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

☐ Accept as information; OR

Approve Resolution

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☐ Other: Describe

☐ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

5. Additional attendees needed for this request:

Victoria Flowers, Environmental Compliance Coordinator

Name, Title/Entity OR Choose from List

Revised: 11/15/2021

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6. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☒ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution

☐ Unbudgeted

☐ Other: Describe

☐ Budgeted – Grant Funded

☐ Not Applicable

8. Submission:

Authorized Sponsor:

Mark W. Powless, General Manager

Primary Requestor:

Marsha Danforth, Grant Development Specialist

Revised: 11/15/2021

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To:

Oneida Business Committee

FROM:

Marsha Danforth, Grant Development Specialist

DATE:

October 18, 2022

RE:

BIA Solid Waste Resolution

The Environmental, Health, Safety, Land & Agriculture Division is submitting an

application to the Bureau of Indian Affairs for a Solid Waste Disposal grant.

The purpose of the project is as follows:



To extend a purchase order agreement with Brown County Solid Waste Transfer

Station and Hazardous Waste Disposal Facility to accept waste collected by and

delivered by a private hauler from the Oneida Nation facilities as needed;

Facilitate the collection and disposal of material collected at illegal dump sites by

a contractor;

Hold 2 curbside collection events for large and bulky items for membership.

The project outcome will support the Nation’s self-governance goals of protecting land

resources by providing a solution to solid and hazardous waste disposal that is

protective of human health.

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # Leave this line blank

Bureau of Indian Affairs Solid Waste Disposal FY-2023

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Nation has determined that the overall goal of the Oneida Nation is to protect,

maintain and improve the standard of living and the environment in which the Oneida

people live; and

WHEREAS,

the Oneida Nation understands that a clean environment is an essential community need;

and

WHEREAS,

the Oneida Nation supports the Environmental, Health Safety, Land and Agricultural

Division in its efforts to improve the standard of living and the environment of the Oneida

Nation and any environmental challenges; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Nation authorizes and submits an application to

the Bureau of Indian Affairs Solid Waste Disposal grant program in an amount of $30,000 with no match.

Funding will be used to support two curbside collection events for large and bulky items for Oneida Nation

Solid Waste and Recycling Customers.

DocuSign Envelope ID: 9DED23D1-B897-4B02-9365-10901C80D260

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Adopt resolution entitled Special Diabetes for Indians Program (SDPI) for CY2023 and beyond through...

Business Committee Agenda Request

1. Meeting Date Requested:

10/27/22

2. Session:

x Open

☐

☐ Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

☒ Accept as information; OR

Approval of a resolution to authorize and submit the Special Diabetes Program for

Indians Grant in the amount of $807,540.00 to the Indian Health Services.

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☐ Other: Describe

☐ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

5. Additional attendees needed for this request:

Mark W. Powless, General Manager

Catherine Hirth, Diabetes Program

Name, Title/Entity OR Choose from List

Revised: 11/15/2021

Page 1 of 2

DocuSign Envelope ID: 9DED23D1-B897-4B02-9365-10901C80D260

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6. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☒ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution

☐ Unbudgeted

☐ Other: Describe

☐ Budgeted – Grant Funded

☒ Not Applicable

8. Submission:

10/19/2022

Authorized Sponsor:

Mark W. Powless, General Manager

Primary Requestor:

Catherine Hirth, Diabetes Program Director

10/18/2022

Revised: 11/15/2021

Page 2 of 2

Public Packet

Oneida Comprehensive Health Division

Oneida Community Health Center

Behavioral Health Services

Anna John Resident Centered Care Community

Employee Health Nursing

Memo

From:

Catherine Hirth

Date:

10/19/2022

Re:

Special Diabetes for Indians (SDPI) Program BC Resolution CY2023 to CY2027

The IHS Division of Grants Management requires an official, signed Tribal Resolution

prior to issuing the Notice of Award (NoA) to any Tribe or Tribal organization that is

selected for funding.

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # Leave this line blank

Special Diabetes for Indians Program (SDPI) for CY2023 and beyond through CY2027

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Nation has determined that the overall goal of the Nation is to protect,

maintain and improve the standard of living and the environment in which the Oneida

people live; and

WHEREAS,

the Oneida Comprehensive Health Division has an existing Diabetes Program whose

goal is to improve the health of individuals and our community and provide the most upto-date care; and

WHEREAS,

the Oneida Comprehensive Health Division has been a recipient of the Indian Health

Services Special Diabetes Program for Indians grant for several years; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Nation authorizes and submits a grant

application to the Indian Health Services for the Special Diabetes Program for Indians in the amount of

$807,540.00 for CY2023 and beyond through CY2027.

Public Packet

Adopt resolution entitled Fiscal Year 2023 COVID-19 Paid Time Off Hours

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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

Fiscal Year 2023 COVID-19 Paid Time Off Hours

Summary

The resolution approves paid time off for employees as set forth in the COVID-19 Paid Time Off

SOP, as updated, in the amount not to exceed forty (40) hours for full time employees, thirty (30)

hours for half time employees and twenty (20) hours for part time employees for the remainder of

Fiscal Year 2023 beginning at 12:01 a.m. on October 30, 2022 and ending on the last day of Fiscal

Year 2023.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: October 19, 2022

Analysis by the Legislative Reference Office

The Nation approved the payment of time off resulting from COVID-19 restrictions as set by the

U.S. Centers for Disease Control which required an individual to isolate or quarantine depending

on the exposure to COVID-19 or a positive test result. In Fiscal Year 2021 and Fiscal Year 2022

the paid time off was in a separate budget fund unit and allowed up to eighty (80) hours for fulltime employees, sixty (60) hours for half-time employees and forty (40) hours for part-time

employees. The U.S. Centers for Disease Control has since modified the COVID-19 isolation and

quarantine processes based on the virus’ changing nature and the prevalence of vaccinated

individuals. The Oneida Business Committee determined that the current award of COVID paid

time off hours for employees of the Nation should be adjusted and cut in half for each category,

and that the funding for this paid time off shall be located within each fund unit’s budget like all

other paid time off approved by the Nation.

This resolution provides that the Oneida Business Committee approves paid time off for employees

as set forth in the COVID-19 Paid Time Off SOP, as updated, in the amount not to exceed forty

(40) hours for full time employees, thirty (30) hours for half time employees and twenty (20) hours

for part time employees for the remainder of Fiscal Year 2023 beginning at 12:01 a.m. on October

30, 2022. The COVID-19 paid time off shall be paid through the fund unit’s payroll line as all

other paid time off authorized by the Nation, provided that, where a grant specifically prohibits

use of funds in this manner, a set aside for this purpose has been identified. This resolution provides

that the COVID-19 paid time off shall end on the last day of Fiscal Year 2023.

Conclusion

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

Page 1 of 1

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TITLE: COVID-19 Paid Time Off SOP

ORIGINATION DATE:

October 14, 2020

REVISION DATE:

August 25, 2022

ONEIDA NATION

STANDARD OPERATING

PROCEDURE

EFFECTIVE DATE:

After last signature

AUTHOR: HRD

APPROVED BY: Comp & Ben Director

DATE:

DEPARTMENT: All

APPROVED BY: Exec. HR Director

DATE

DIVISION: All

REVIEWED BY: EEO Director

DATE:

EEO REFERENCE NUMBER:

5999

PAGE NO: 1 of 4

1.0

PURPOSE

1.1

To prevent the spread of COVID-19 (COVID) and its associated variants within

the Oneida Nation workforce and community, the following guidelines and rules

have been established for administering COVID-19 Paid Time Off (COVID PTO)

for COVID-19 related absences.

1.2

COVID PTO under this SOP will be dependent upon the status of available

funding and/or the continuation of the Public Health Order.

2.0

DEFINITIONS

Close Contact: Any of the following situations :

2.1

2.1.1

Employee was within six (6) feet of a person who had

COVID-19 for a total of 15 minutes or more over a 24-hour

period.

Employee had direct exposure to respiratory secretions (for

2.1.2

example, being coughed or sneezed on.)

Employee cared for a person who has COVID-19.

2.1.3

2.2

Full-Time employment status: employees schedule 30.00 or more hours per week.

2.3

Half-Time employment status: employees scheduled 20-29.99 hours per week.

2.4

Medical Provider: Physician, Physician Assistant, Nurse

Practitioner and Public Health Official.

2.5

Member of Household: An individual (related or not related to the

employee) who is living in the same household at the time of a

COVID-19 positive test result.

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2.6

2.7

3.0

Part-Time employment status: employees scheduled 19.99 or less hours

per week.

Training Wage: A wage provided to certain tipped employees,

during periods of time in which they are not receiving tips.

2.7.1

The training wage would be in lieu of their hourly rate of pay.

WORK STANDARDS

COVID-19 Paid Time Off (COVID PTO):

3.1

Employees on the Oneida Nation’s payroll are eligible to receive COVID PTO if

they meet conditions outlined in this SOP.

3.2

Employees shall be afforded a bank of COVID PTO hours pre-loaded to their

time-off accruals on January 30, 2022, based on their regular employment status.

3.3

COVID PTO hours will be pre-loaded regardless of the employee has used

COVID PTO in the past.

3.3.1

Regular full-time status employees will receive 40 hours of COVID

PTO.

3.3.2

Half-time status employees shall be afforded 30 hours of COVID PTO

3.3.3

Part-time status employees shall be afforded 20 hours of COVID PTO.

3.3.4

Contracted staff: Employees hired under employment contracts are

eligible for COVID PTO unless specified in their contract.

3.3.5

Employees classified as sub-relief, Emergency Temporary (ET),

Student Intern, or Youth Worker shall not be eligible for COVID PTO.

3.3.6

Use of COVID PTO shall not:

3.3.6.1

Result in an employee exceeding 40 hours per week on

their weekly timesheet.

3.3.6.2

Accrue vacation and personal time.

3.3.6.3

Interrupt insurance benefits.

3.4

COVID PTO consists of the employee’s regular rate of pay.

3.4.1

No position will be paid less than the Nation’s minimum wage.

3.4.2

Tips, lead pay, and shift differentials shall not be included.

Using COVID PTO:

3.5

Employees may use COVID PTO when they miss scheduled work because:

3.5.1

Current CDC COVID recommendations suggest quarantine or

isolation. The examples identified below are subject to change based

upon updates to the CDC COVID guidelines and employees should

only quarantine or isolate based upon current CDC COVID guidelines:

3.5.1.1

The employee tests positive.

3.5.1.2

The employee develops COVID symptoms.

3.5.1.3

The employee needs a COVID test or is waiting for results.

3.5.1.4

The time leading up to a negative test result is still covered

if the employee exhibited symptoms.

3.5.2

A medical provider or Public Health Official requires an employee to

isolate or quarantine.

3.5.3

A dependent child is sent home from school/childcare due to COVID.

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3.6

3.7

3.8

3.9

3.10

An appointment is scheduled for a COVID vaccination:

3.6.1

Up-to one (1) hour for the employee’s own vaccination.

3.6.2

Up-to one (1) hour per dependent child’s vaccination.

3.6.3

Vaccinations do not deduct from the banked COVID PTO

The employee has an adverse reaction to a COVID vaccination.

3.7.1

Only the day after a vaccination is covered if scheduled.

3.7.1.1

Does not deduct from banked COVID PTO (see 4.6

below).

3.7.2

Employees who experience a delayed or prolonged adverse reaction

are eligible for COVID PTO (see 4.7 below) if proper documentation

is provided by a medical provider. Documentation should include the

expected return date.

COVID PTO may not be used:

3.8.1

After a negative COVID test result.

3.8.2

Individuals on Layoff, Furlough, out of work status during an

approved Leave of Absence, pre-approved time off work

(personal/vacation time), or off the schedule are ineligible.

NOTE: When possible, supervisors are encouraged to accommodate other time

off options for non-COVID illnesses to prevent spread among the workforce.

Retroactive requests:

3.9.1

An employee may submit to their supervisor a request for retroactive

COVID PTO if personal, vacation, or unpaid time off was used for a

COVID related absence.

3.9.1.1

The previous absence must meet the eligible COVID

related criteria under this SOP.

3.9.1.2

Retroactive requests must be submitted by March 1, 2022.

3.9.1.3

The dates of absence included in the request must be

October 1, 2021, through March 1, 2022.

Separation of employment: COVID PTO will not be paid out upon separation of

employment. COVID PTO is only available to active employees under this SOP.

Alternative to COVID PTO:

3.11 Employees may work with their supervisors to request other forms of time off.

3.12 Employees who have mild or no symptoms may prefer to telecommute.

3.13 Employees may continue to experience COVID-related absences after their 80hour bank has been depleted. Options for additional time off include:

3.13.1

Vacation and/or personal time.

3.13.2

Unpaid time off.

3.13.3

Medical or other types of leave (if applicable)

3.13.4

Donation of hours (if applicable)

3.13.5

Telecommuting (if applicable)

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4.0

PROCEDURES

4.1

Employee shall notify their supervisor as soon as any criteria listed in 3.5 applies.

4.2

Employees shall maintain contact with their supervisor while using COVID PTO.

4.2.1

The employee’s family members may be designated as a point of

contact as needed due to the severity of the illness.

4.3

Positive COVID test results or orders to isolate or quarantine shall be supported

by documentation from a medical provider or public health official when possible.

4.3.1

Documentation pulled from a medical facility’s website (i.e.,

MyPrevea, etc.) would qualify as supporting documentation.

4.3.2

Employees may utilize a home quick test and shall notify their

immediate supervisor of the test result.

4.4

The supervisor shall be responsible for entering the appropriate pay and comment

into Kronos.

4.5

For Vaccinations and Booster Shots:

4.5.1

Enter pay code “RGNP1.”

4.5.2

Enter comment “CV-COVID-19 VACCINATION.”

4.5.3

For booster shots, type “BOOSTER” after the comment.

4.6

For adverse reactions limited to one day after COVID vaccinations:

4.6.1

Enter pay code “COVID”

4.6.2

Enter comment “CN-COVID-19: ADVERSE REACTION TO

VACCINE.”

4.7

For all other COVID-related absences and delayed or prolonged adverse reactions

to a vaccination:

4.7.1

Enter pay code “CVDPT”

4.7.2

Enter the appropriate comment:

4.7.2.1

“CP – COVID-19: POSITIVE/ISOLATING.”

4.7.2.2

“CQ – COVID-19: QUARANTINE: NOT WORKING –

NO SYMPTOMS.”

4.7.2.3

“CF – COVID-19: FAMILY CARE-EE CARING FOR

SOMEONE WHO IS ILL”

4.7.2.4

“CN-19: ADVERSE REACTION TO VACCINE.”

5.0

REFERENCES

5.1

Telecommuting SOP

5.2

BC Resolution # 09-14-22-D Continuing to Operate Fiscal Year 2023

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Adopt resolution entitled Emergency Amendments to the Budget and Finances Law

Business Committee Agenda Request

1. Meeting Date Requested:

10/26/22

2. Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

☐ Accept as information; OR

Adopt the resolution entitled, Emergency Amendments to the Budget and Finances Law.

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☒ Other: Legislative Operating

☐ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

Committee

5. Additional attendees needed for this request:

Name, Title/Entity OR Choose from List

Revised: 11/15/2021

Page 1 of 2

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6. Supporting Documents:

☐ Bylaws

☐ Fiscal Impact Statement

☐ Contract Document(s) ☒ Law

☒ Correspondence

☐ Legal Review

☐ Draft GTC Notice

☐ Minutes

☐ Draft GTC Packet

☐ MOU/MOA

☐ E-poll results/back-up ☐ Petition

☒ Other: Legislative Analysis

☐ Presentation

☐ Report

☒ Resolution

☐ Rule (adoption packet)

☒ Statement of Effect

☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution

☐ Unbudgeted

☐ Other: Describe

☐ Budgeted – Grant Funded

☒ Not Applicable

8. Submission:

Authorized Sponsor:

David P. Jordan, Councilman

Primary Requestor:

Clorissa N. Leeman, LRO Senior Staff Attorney

Revised: 11/15/2021

Page 2 of 2

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Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Emergency Amendments to the Budget and Finances 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 Budget and Finances law (“the Law”), was adopted by the Oneida Business Committee

through resolution BC-02-08-17-C and amended by resolutions BC-05-11-22-B; and

WHEREAS,

the purpose of the Law is to set forth the requirements to be followed by the Oneida

Business Committee and the Oneida fund units when preparing the budget to be presented

to the General Tribal Council for approval, and to establish financial policies and

procedures for the Nation which: institutionalize best practices in financial management to

guide decision makers in making informed decisions regarding the provision of services,

implementation of business plans for enterprises, investments, and capital assets; provide

a long term financial prospective and strategic intent, linking budget allocations to

organizational goals, as well as providing fiscal controls and accountability for results and

outcomes; identify and communicate to the membership of the Nation spending decisions

for the government function, grant obligations, enterprises, membership mandates, capital

expenditures, technology projects, and capital improvement projects; establish a

framework for effective financial risk management; and encourage participation by the

Nation’s membership; and

WHEREAS,

section 121.5-4(e) of the Law provides that in the event that the General Tribal Council

does not adopt a budget by September 30th, the Oneida Business Committee may adopt

a continuing budget resolution for a period of time not to exceed three (3) months, until

such a time as a budget is adopted by the General Tribal Council, and that if the General

Tribal Council does not adopt a budget within three (3) months of the adoption of the

continuing budget resolution, then the Oneida Business Committee shall proceed with the

adoption of the Nation’s budget; and

WHEREAS,

the Oneida Business Committee did not approve and present the Fiscal Year 2023 (FY23)

to the General Tribal Council for adoption by September 30, 2022, and instead adopted a

continuing budget resolution through the adoption of resolution BC-09-14-22-D, Continuing

to Operate Fiscal Year 2023; and

WHEREAS,

the processing and adoption of the FY23 budget has been delayed for a variety of issues

including the delayed start of the budget process due to compensation studies and staffing

issues within the Finance Administration; and

WHEREAS,

during the October 18, 2022, work session the Oneida Business Committee discussed the

delayed processing of the FY23 budget with the Chief Financial Officer and determined

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BC Resolution _____________

Emergency Amendments to the Budget and Finances Law

Page 2 of 2

that the best option to move forward is to retain a third-party public accounting

firm/consultant to process the FY23 Budget; and

WHEREAS,

due to the time that will be needed to move forward with this decision, the Oneida Business

Committee determined that the expiration of the continuing budget resolution BC-09-1422-D, Continuing to Operate Fiscal Year 2023, on December 31, 2022, and its intended

deadline of the adoption of the budget by that expiration will not be met; and

WHEREAS,

the Oneida Business Committee requested the Legislative Operating Committee consider

emergency amendments to the Law to allow for additional time to adopt the annual budget;

and

WHEREAS,

the emergency amendments to the Law clarify that the Oneida Business Committee may

work with any other appropriate entity in addition to the Treasurer, Chief Financial Officer,

and mangers to compile a final draft budget to be presented to the General Tribal Council;

and

WHEREAS,

the emergency amendments to the Law remove the provision which only allows a

continuing budget resolution to remain in effect for a maximum of three (3) months; and

WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to enact

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

for an additional six (6) months; and

WHEREAS,

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

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

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

under the Legislative Procedures Act; and

WHEREAS,

the emergency adoption of amendments to this Law are necessary for the preservation of

the general welfare of the Reservation population in order to ensure that the Oneida

Business Committee has an opportunity to approve the final draft budget, and the budget

to subsequently be adopted, prior to the expiration of the current continuing budget

resolution BC-09-14-22-D, Continuing to Operate Fiscal Year 2023; and

WHEREAS,

the observance of the requirements under the Legislative Procedures Act for adoption of

the emergency amendments to this Law would be contrary to public interest since the

process and requirements of the Legislative Procedures Act cannot be completed in time

to ensure that the current continuing budget resolution as adopted through resolution BC09-14-22-D, Continuing to Operate Fiscal Year 2023, does not expire on December 31,

2022, prior to the final approval of the budget by the Oneida Business Committee, and

subsequent adoption of the budget; and

WHEREAS,

the Legislative Procedures Act does not require a public meeting or fiscal impact statement

when considering emergency legislation; and

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

amendments to the Budget and Finances law effective immediately.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Emergency Amendments to the Budget and Finances Law

Summary

This resolution adopts emergency amendments to the Budget and Finances law.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: October 20, 2022

Analysis by the Legislative Reference Office

This resolution adopts emergency amendments to the Budget and Finances law. The Budget and

Finances law sets forth the requirements to be followed by the Oneida Business Committee and

the Oneida fund units when preparing the budget to be presented to the General Tribal Council for

approval, and to establish financial policies and procedures for the Nation which: institutionalize

best practices in financial management to guide decision makers in making informed decisions

regarding the provision of services, implementation of business plans for enterprises, investments,

and capital assets; provide a long term financial prospective and strategic intent, linking budget

allocations to organizational goals, as well as providing fiscal controls and accountability for

results and outcomes; identify and communicate to the membership of the Nation spending

decisions for the government function, grant obligations, enterprises, membership mandates,

capital expenditures, technology projects, and capital improvement projects; establish a framework

for effective financial risk management; and encourage participation by the Nation’s membership.

[1 O.C. 121.1-1]. The emergency amendments to the Budget and Finances law will:

 Clarify that the Oneida Business Committee may work with any other appropriate entity in

addition to the Treasurer, Chief Financial Officer, and mangers to compile a final draft

budget to be presented to the General Tribal Council. [1 O.C. 121.5-4(c)]; and

 Remove the provision which only allows a continuing budget resolution to remain in effect

for a maximum of three (3) months. [1 O.C. 121.5-47(e)(1)].

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the

purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.

109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is

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

Reservation population and when enactment or amendment of legislation is required sooner than

would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement

are not required for emergency legislation. [1 O.C. 109.8-1(b) and 109.9-5(a)].

The resolution provides that the emergency amendments to the Budget and Finances law are

necessary for the preservation of the general welfare of the Reservation population in order to

ensure that the Oneida Business Committee has an opportunity to approve the final draft budget,

and the budget to subsequently be adopted, prior to the expiration of the current continuing budget

resolution BC-09-14-22-D, Continuing to Operate Fiscal Year 2023.

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Additionally, observance of the requirements under the LPA for adoption of the emergency

amendments to the Emergency Management law would be contrary to public interest since the

process and requirements of the LPA cannot be completed in time to ensure that the current

continuing budget resolution as adopted through resolution BC-09-14-22-D, Continuing to

Operate Fiscal Year 2023, does not expire on December 31, 2022, prior to the final approval of

the budget by the Oneida Business Committee, and subsequent adoption of the budget.

The adoption of the emergency amendments to the Budget and Finances law will take effect

immediately upon adoption by the Oneida Business Committee. The emergency amendments to

the Budget and Finances law will remain effective for six (6) months. The Legislative Procedures

Act provides the possibility to extend the emergency amendments for an additional six (6) months,

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

Conclusion

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

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BUDGET AND FINANCES LAW

EMERGENCY AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

 Clarify that the Oneida Business Committee may work with any other

Proposed Amendments

appropriate entity in addition to the Treasurer, Chief Financial Officer,

and mangers to compile a final draft budget to be presented to the General

Tribal Council. [1 O.C. 121.5-4(c)]; and

 Remove the provision which only allows a continuing budget resolution

to remain in effect for a maximum of three (3) months. [1 O.C. 121.547(e)(1)].

Purpose

To set forth the requirements to be followed by the Oneida Business

Committee and the Oneida fund units when preparing the budget to be

presented to the General Tribal Council for approval, and to establish

financial policies and procedures for the Nation which:

 institutionalize best practices in financial management to guide decision

makers in making informed decisions regarding the provision of services,

implementation of business plans for enterprises, investments, and capital

assets;

 provide a long term financial prospective and strategic intent, linking

budget allocations to organizational goals, as well as providing fiscal

controls and accountability for results and outcomes;

 identify and communicate to the membership of the Nation spending

decisions for the government function, grant obligations, enterprises,

membership mandates, capital expenditures, technology projects, and

capital improvement projects;

 establish a framework for effective financial risk management; and

 encourage participation by the Nation’s membership. [1 O.C. 121.1-1]

Affected Entities

Oneida Business Committee, General Tribal Council, Treasurer, CFO,

Managers

Public Meeting

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

Fiscal Impact

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

109.9-5(a)].

Expiration of Emergency Emergency legislation expires six (6) months after adoption and may be

Legislation

renewed for an additional six (6) month period.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Budget and Finances law (“the Law”), formerly known as the Budget Management

and Control law, was first adopted by the Oneida Business Committee on February 8, 2017, through

the adoption of resolution BC-02-08-17-C, and most recently amended on May 11, 2022, through the

adoption of resolution BC-05-11-22-B. The Law sets forth the requirements to be followed by the

Oneida Business Committee and the Oneida fund units when preparing the budget to be presented to

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the General Tribal Council for approval, and to establish financial policies and procedures for the

Nation which: institutionalize best practices in financial management to guide decision makers in

making informed decisions regarding the provision of services, implementation of business plans for

enterprises, investments, and capital assets; provide a long term financial prospective and strategic

intent, linking budget allocations to organizational goals, as well as providing fiscal controls and

accountability for results and outcomes; identify and communicate to the membership of the Nation

spending decisions for the government function, grant obligations, enterprises, membership mandates,

capital expenditures, technology projects, and capital improvement projects; establish a framework for

effective financial risk management; and encourage participation by the Nation’s membership. [1 O.C.

121.1-1].

B. Request for Emergency Amendments. On October 18, 2022, during a work session the Oneida

Business Committee discussed the processing of the Fiscal Year 2023 (FY23) budget. Issues identified

for the delayed processing of the FY23 budget include: delayed start of the budget process due to

compensation studies; end of December deadline for approval of the budget required by the Budget and

Finances law; medical leave of the Treasurer and Assistant Chief Financial Officer; and the impending

leave of the Chief Financial Officer in December. The Chief Financial Officer presented and discussed

four (4) options on how to move forward. One (1) option was agreed to by consensus of the Oneida

Business Committee during the work session, which was to retain a third-party public accounting

firm/consultant to process the FY23 Budget. In addition, due to the time that will be needed to move

forward with this consensus decision, the Oneida Business Committee determined that the expiration

of the continuing budget resolution BC-09-14-22-D, Continuing to Operate Fiscal Year 2023, on

December 31, 2022, and its intended deadline of the adoption of the budget by that expiration will not

be met. The Oneida Business Committee requested the LOC consider emergency amendments to the

Budget and Finances law to allow for additional time to adopt the annual budget. The Legislative

Operating Committee added the Budget and Finances law emergency amendments to its Active Files

List on October 19, 2022.

SECTION 3. CONSULTATION AND OUTREACH

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

emergency amendments to this Law and legislative analysis:

 Oneida Law Office.

B. The Legislative Operating Committee has held the following work meetings specific to the proposed

emergency amendments to this Law:

 October 18, 2022: Oneida Business Committee work session. Councilmembers Jordan, Webster,

Metoxen, and Cornelius were present in the Oneida Business Committee work session.

SECTION 4. PROCESS

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

temporarily enact emergency legislation where legislation is necessary for the immediate preservation

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

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

 The emergency adoption of amendments to this Law are necessary for the preservation of the

general welfare of the Reservation population in order to ensure that the Oneida Business

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Committee has an opportunity to approve the final draft budget, and the budget to subsequently be

adopted, prior to the expiration of the current continuing budget resolution BC-09-14-22-D,

Continuing to Operate Fiscal Year 2023.

 Observance of the requirements under the Legislative Procedures Act for adoption of the

emergency amendments to this Law would be contrary to public interest since the process and

requirements of the Legislative Procedures Act cannot be completed in time to ensure that the

current continuing budget resolution as adopted through resolution BC-09-14-22-D, Continuing to

Operate Fiscal Year 2023, does not expire on December 31, 2022, prior to the final approval of the

budget by the Oneida Business Committee, and subsequent adoption of the budget.

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

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

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

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

statement will eventually be required when considering permanent adoption of this Law.

D. The Legislative Operating Committee added these emergency amendments to the Active Files List on

October 19, 2022.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Final Draft Budget. Previously, the Law provided that the Oneida Business Committee shall work

with the Treasurer, CFO, and managers to compile a final draft budget to be presented to the General

Tribal Council. The proposed emergency amendments to the Law clarify that the Oneida Business

Committee may work with any other appropriate entity in addition to the Treasurer, Chief Financial

Officer, and mangers to compile a final draft budget to be presented to the General Tribal Council. [1

O.C. 121.5-4(c)].

 Effect. The proposed emergency amendments to the Law provides greater clarification that

the Oneida Business Committee may work with any appropriate entity to compile a final draft

budget to be presented to the General Tribal Council.

B. Continuing Budget Resolution. Previously, the Law provided that in the event that the General Tribal

Council does not adopt a budget by September 30th, the Oneida Business Committee may adopt a

continuing budget resolution for a period of time not to exceed three (3) months, until such a time as a

budget is adopted by the General Tribal Council. [1 O.C. 121.5-4(e)(1)]. The proposed emergency

amendments to the Law remove the provision which only allows a continuing budget resolution to

remain in effect for a maximum of three (3) months. [1 O.C. 121.5-4(e)(1)].

 Effect. The emergency amendment provides greater flexibility in the length of time a

continuing budget resolution is allowed to remain in place.

SECTION 6. EXISTING LEGISLATION

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

Law:

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

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

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

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

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

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

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

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

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

 The Legislative Operating Committee is responsible for first reviewing the

emergency legislation and for forwarding the legislation to the Oneida

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

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

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

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

a. A legislative analysis is a plain language analysis describing the

important features of the legislation being considered and factual

information to enable the Legislative Operating Committee to make

informed decisions regarding legislation. A legislative analysis

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

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

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

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

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

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

 Upon the determination that an emergency exists the Oneida Business

Committee can adopt emergency legislation. The emergency legislation

becomes effective immediately upon its approval by the Oneida Business

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

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

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

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

 Adoption of these proposed emergency amendments conform with the requirements of

the Legislative Procedures Act.

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A. Deadline for Permanent Adoption of Legislation. The adoption of emergency amendments to the Law

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expire six (6) months after adoption. The emergency legislation may be renewed for an additional six

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(6) month period.

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 Conclusion: The Legislative Operating Committee will need to determine if the adoption of these

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amendments is necessary on a permanent basis, and if so, develop the permanent amendments to

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this Law within the next six (6) to twelve (12) months.

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

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

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

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Title 1. Government and Finances – Chapter 121

Twahwistatye>n$tha>

We have a certain amount of money

BUDGET AND FINANCES

121.1. Purpose and Policy

121.2. Adoption, Amendment, Repeal

121.3. Definitions

121.4. Authority and Responsibilities

121.5. Budget

121.6. Expenditures and Assets

121.7. Grants

121.8. Debts

121.9. Employment and Labor Allocations

121.10. Budget Contingency Planning

121.11. Reporting

121.12. Enforcement

121.1. Purpose and Policy

121.1-1. Purpose. The purpose of this law is to set forth the requirements to be followed by the

Oneida Business Committee and the Oneida fund units when preparing the budget to be presented

to the General Tribal Council for approval, and to establish financial policies and procedures for

the Nation which:

(a) institutionalize best practices in financial management to guide decision makers in

making informed decisions regarding the provision of services, implementation of business

plans for enterprises, investments, and capital assets;

(b) provide a long term financial prospective and strategic intent, linking budget

allocations to organizational goals, as well as providing fiscal controls and accountability

for results and outcomes;

government function, grant obligations, enterprises, membership mandates, capital

expenditures, technology projects, and capital improvement projects;

(d) establish a framework for effective financial risk management; and

(e) encourage participation by the Nation’s membership.

121.1-2. Policy. It is the policy of the Nation to rely on balanced-based budgeting strategies,

identifying proper authorities and ensuring compliance and enforcement. The Nation shall use

Generally Accepted Accounting Principles (GAAP), established by the Financial Accounting

Standards Board, and the Governmental Accounting Standards Board (GASB) in accounting and

reporting for the financial activities of the various entities of the Nation, unless they conflict with

applicable legal requirements.

121.2. Adoption, Amendment, Repeal

121.2-1. This law was adopted by the Oneida Business Committee by resolution BC-02-08-17C, and amended by resolution BC-05-11-22-B., and amended on an emergency basis by resolution

BC-__-__-__-__.

121.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

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

121.2-3. 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.

121.2-4. 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. Provided that, nothing in this law amends or repeals the

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requirements of resolution BC-10-08-08-A, Adopting Expenditure Authorization and Reporting

Requirements.

121.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

121.3. Definitions

121.3-1. 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.

(a) “Balanced budget” means that the cost of current expenses and service provisions is

equal to the forecasted current revenue sources.

(b) “Capital contribution” means an act of giving money or assets to a company or

organization.

follows:

(1) Any item with a cost of five thousand dollars ($5,000) or more and a useful life

of one (1) year or more; or

(2) Items purchased together where none of the items individually costs more than

two thousand dollars ($2,000), but the total purchase price for all of the items is ten

thousand dollars ($10,000) or more.

(d) “Capital improvement” means a non-recurring expenditure for physical improvements,

including costs for:

(1) acquisition of existing buildings, land, or interests in land;

(A) Acquisition of existing buildings and land completed by the Oneida

Land Commission are not included in this definition.

(2) construction of new buildings or other structures, including additions and major

alterations;

(3) acquisition of fixed equipment;

(4) landscaping;

(5) physical infrastructure; and

(6) similar expenditures with a cost of five thousand dollars ($5,000.00) or more

and a useful life of one (1) year or more.

(e) “CFO” means the Nation’s Chief Financial Officer, or their designee at their discretion.

(f) “Debt” means the secured or unsecured obligations owed by the Nation.

(g) “Debt Service Coverage Ratio” means a measurement of creditors available cash flow

to pay debt obligations. This ratio evaluates if an entity has income capacity to service

debts.

(h) “Enterprise” means any area or activity of the Nation that is engaged in for the business

of profit.

(i) “Executive Manager” means a position of employment within the Nation that is the

highest level in the chain of command under the Oneida Business Committee who is

responsible for a department or division of the Nation, as identified by the Oneida Business

Committee through the adoption of a resolution.

(j) “Expenditure report” means a financial report which includes, but is not limited to, a

statement of cash flows, revenues, costs and expenses, assets, liabilities, and a statement of

financial position.

(k) “Finance Administration” means the department of the Nation which consists of the

Chief Financial Officer, Assistant Chief Financial Officer, the executive assistant to the

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Chief Financial Officer, and any other designated employee.

(l) “Fiscal year” means the one (1) year period each year from October 1st to September

30th.

(m) “Fixed Charge Coverage Ratio” means a measurement of a creditors capacity of

earnings level or ability to cover its fixed charges such as debt payments, interest expenses,

and leases expenses. Financial institutions will evaluate this ratio for purposes of credit

risk.

(n) “Fund unit” means any board, committee, commission, service, program, enterprise,

department, office, or any other division or non-division of the Nation which receives an

appropriation approved by the Nation.

(o) “Government service” means any area or activity of the Nation that is not expected to

create revenue for the Nation and not expected to make a profit at any time.

(p) “Line item” means the specific account within a fund unit’s budget or category that

expenditures are charged to.

(q) “Manager” means the person in charge of directing, controlling, and administering the

activities of a fund unit.

(r) “Nation” means the Oneida Nation.

(s) “Secretary” means the Oneida Nation Secretary, or their designee at their discretion.

(t) “Treasurer” means the Oneida Nation Treasurer, or their designee at their discretion.

121.4. Authority and Responsibilities

121.4-1. Oneida Business Committee. The Oneida Business Committee shall:

(a) oversee the development of the Nation’s budget;

(b) oversee the implementation of the Nation’s budget;

(d) exercise the authority provided in Article IV, Section 1, of the Constitution and Bylaws

of the Oneida Nation, as delegated to the Oneida Business Committee by the General Tribal

Council.

121.4-2. Treasurer. In accordance with the Constitution and Bylaws of the Oneida Nation, the

Nation’s Treasurer shall:

(a) accept, receive, receipt for, preserve and safeguard all funds in the custody of the

Nation, whether they be funds of the Nation or special funds for which the Nation is acting

as trustee or custodian;

(b) deposit all funds in such depository as the Nation shall direct and shall make and

preserve a faithful record of such funds;

Oneida Business Committee or the General Tribal Council at:

(1) the annual General Tribal Council meeting;

(2) the semi-annual General Tribal Council meeting; and

(3) other such times as may be directed by the Oneida Business Committee or the

General Tribal Council; and

(d) present the proposed draft budget to the General Tribal Council at the annual budget

meeting.

121.4-3. Chief Financial Officer. The CFO shall:

(a) ensure the Nation’s budget is properly implemented;

(b) provide managers with monthly revenue and expense reports;

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Business Committee, which shall specifically include any monthly variances that are

either:

(1) a difference of three percent (3%) or more from the adopted annual budget; or

(2) fifty thousand dollars ($50,000) or more in total;

(d) provide the Oneida Business Committee with information and reports as requested;

(e) present the Treasurer’s report and hold financial condition meetings with the Nation’s

management on a minimum of a quarterly basis; and

(f) inform the appropriate Executive Manager of any fund unit which does not follow the

budget development process guidelines or deadlines as set forth by the Treasurer.

121.4-4. Managers. Managers shall:

(a) ensure that their business units operate, on a day-to-day basis, in compliance with the

budget adopted pursuant to this law;

(b) report to the CFO and their relevant Executive Manager explanations and corrective

actions for any monthly variance that is either:

(1) a difference of three percent (3%) or more from the adopted annual budget; or

(2) fifty thousand dollars ($50,000) or more in total;

thirty (30) calendar days from the end of the month; and

(d) submit a budget for their fund unit in accordance with the budget schedule and

guidelines as adopted by the Oneida Business Committee.

121.5. Budget

121.5-1. The Nation shall develop, adopt, and manage an annual budget. All revenues and

expenditures of the Nation shall be in accordance with the annual budget.

(a) The Nation’s budget shall be a balanced budget and not propose to spend more funds

than are reasonably expected to become available to the Nation during that fiscal year.

(1) Underwriting debt resources or the utilization of existing debt instruments shall

be expressly prohibited from use to balance the Nation’s annual budget.

(b) The budget shall align with any strategic plan, broad goals, or priorities developed and

adopted by the Oneida Business Committee on behalf of the Nation.

121.5-2. Content of the Budget. The Nation’s budget shall include the following information:

(a) Estimated revenues to be received from all sources;

(b) The individual budgets of each fund unit;

(d) The estimated expenditures by each fund unit; and

(e) Summary of employment position counts including prior year, current year, and

budgeted year.

121.5-3. Fund Categories. The Nation’s budget shall include, but not be limited to, the following

categories of fund accounts:

(a) General Fund. The General Fund account is the Nation’s main operating fund which

is used to account for all financial resources not accounted for in other funds.

(b) Permanent Executive Contingency Fund. The Permanent Executive Contingency Fund

account is used by the Nation to prevent default on debt and to sustain operations during

times of extreme financial distress.

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(c) Grant Reserve Fund. The Grant Reserve Fund account is used by the Nation to prefund the expenditures of grants upon receipt.

121.5-4. Budget Adoption Procedure. The Nation shall develop and adopt its budget according

to the following procedures:

(a)

Budget Schedule and Guidelines. The Treasurer shall develop the necessary

guidelines, including specific timelines and deadlines, to be followed by the managers that

have budget responsibility in preparing and submitting proposed budgets. The Treasurer

shall submit the guidelines to the Oneida Business Committee for review and approval

through the adoption of a resolution.

(1) The budget schedule and guidelines shall include at least one (1) opportunity

for community input from the Nation’s membership on what should be included in

the upcoming fiscal year budget.

(2) Each fund unit shall be responsible for complying with the budget schedule and

guidelines to submit a proposed budget to the Treasurer. The Finance

Administration shall not submit any budget on behalf of a fund unit unless granted

express permission from the Oneida Business Committee.

(3) The Oneida Business Committee shall set a deadline through the adoption of a

resolution for when the Treasurer shall submit their budget guidelines to the Oneida

Business Committee for review and approval.

(b) Annual Proposed Budgets. The Treasurer shall receive, review, and compile the

proposed budgets from all the fund units into the Nation’s draft budget. The Treasurer shall

present the Nation’s draft budget to the Oneida Business Committee for review each year

to ensure that it is consistent with the Nation’s strategic plan, broad goals, and budget

strategy.

(1) Notification of Budget Increase or Decrease. The Treasurer shall identify in

the budget guidelines a percentage of an increase or decrease in a fund unit’s budget

from the prior year budget that is required to be noticed to the Oneida Business

Committee. The Treasurer shall notify the Oneida Business Committee of any fund

units whose proposed budget increased or decreased by this percentage.

CFO, and managers, or other appropriate entity to compile a final draft budget to be

presented to the General Tribal Council. The Oneida Business Committee shall approve,

by resolution, the final draft budget to be presented to the General Tribal Council.

(d) Community Meetings. Once the Oneida Business Committee has approved the final

draft budget, the Treasurer shall hold, at a minimum, two (2) community informational

meetings to present the contents of the final draft budget that will be presented to the

General Tribal Council.

(e) Budget Adoption. The Oneida Business Committee shall present the budget to the

General Tribal Council with a request for adoption by resolution no later than September

30th of each year. The General Tribal Council shall be responsible for adopting the

Nation’s budget.

(1) Continuing Budget Resolution. In the event that the General Tribal Council

does not adopt a budget by September 30th, the Oneida Business Committee may

adopt a continuing budget resolution for a period of time not to exceed three (3)

months, until such time as a budget is adopted by the General Tribal Council. If the

General Tribal Council does not adopt a budget within three (3) months of the

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adoption of the continuing budget resolution, then the Oneida Business Committee

shall adoptproceed with the adoption of the Nation’s budget.

(2) Emergency Budget Adoption. In the event that the Nation proclaims an

emergency, in accordance with the Emergency Management law, that stays in effect

for at least one (1) month and prevents the presentation to and adoption of the

budget by the General Tribal Council, the Oneida Business Committee shall adopt

the Nation’s budget.

121.5-5. Amendments to the Nation’s Budget. After the budget is adopted, amendments of the

budget shall not be permitted unless it is necessary to avoid a budget deficit. The Treasurer and

CFO shall identify when forecasted revenue and forecasted expenses are impacted in a manner

which creates a deficit for the current fiscal year. The CFO shall provide the Oneida Business

Committee a written fiscal analysis and any input on the potential budget amendment. The Oneida

Business Committee shall be responsible for adopting an amendment to the budget through

resolution of the Nation. The Oneida Business Committee shall present notification of the budget

amendment at the next available General Tribal Council meeting.

121.6. Expenditures and Assets

121.6-1. Authority to Expend Funds. The Oneida Business Committee shall have the authority to

expend appropriated funds in accordance with the Nation’s adopted budget pursuant to the

Procurement Rule Handbook developed by the Purchasing Department. The authority to expend

funds is then necessarily delegated to other managers, including Executive Managers of the Nation

who manage budgets pursuant to their job descriptions based on the Procurement Rule Handbook.

121.6-2. Procurement Rule Handbook. The Purchasing Department is delegated rulemaking

authority in accordance with the Administrative Rulemaking law to develop a Procurement Rule

Handbook which provides the sign-off process and authorities required to expend funds on behalf

of the Nation.

121.6-3. Fees and Charges. A program or service of the Nation funded through Tribal

contribution may charge fees for their services to cover operational costs.

(a) Before charging fees for services, a program or service shall first determine the full

cost of providing the program or service. The full cost of providing a program or service

includes all costs including operation costs, overhead such as direct and indirect costs, and

depreciation.

(b) Fees and charges may cover the full cost of service or goods whenever such fee or

charge would not present an undue financial burden to the recipient.

or service has developed a standard operating procedure which outlines fee waiver

eligibility and requirements.

121.6-4. Unbudgeted Expenditures.

(a) Approval of Unbudgeted Expenditures. A fund unit shall not make an unbudgeted

expenditure unless approval is granted by the Oneida Business Committee. The CFO shall

provide the Oneida Business Committee a written fiscal analysis and any input on the

potential unbudgeted expenditure. The Oneida Business Committee shall approve any

unbudgeted expenditure through the adoption of a resolution prior to the expenditure being

made by a fund unit.

(b) Notification of Unbudgeted Expenditures. The Oneida Business Committee shall set

through resolution a threshold amount for unbudgeted expenditures that require

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notification by the Oneida Business Committee to the General Tribal Council at the next

available General Tribal Council meeting.

supplemental or emergency funding of two hundred and fifty thousand dollars ($250,000)

or more, the Oneida Business Committee shall develop and adopt, through resolution, a

spending plan to guide expenditures of the supplemental funding in accordance with any

provided guidance for the supplemental funding and audit compliance.

121.6-5. Obligated Future Expenditures. Notwithstanding an approved multi-year contract, no

fund unit shall obligate the Nation to make any future expenditures beyond the current budget year

unless the fund unit identifies, and the Oneida Business Committee approves through the adoption

of a resolution, the source and extent of any future funds that are recommended to be held in

reserve to meet that future obligation.

121.6-6. Unexpended Funds.

(a) Unexpended Capital Improvement Funds. Unexpended capital improvement funds

shall carry over to the next fiscal year’s budget, provided that such funds are required to

remain appropriated for the same purpose as originally budgeted until the project is

complete. Once a capital improvement project is complete, any remaining unexpended

funds shall be returned to the General Fund.

(b) Unexpended Capital Expenditure Funds. The Treasurer shall ensure that all

unexpended capital expenditure funds are reallocated to the fiscal year budget two (2) years

out from the fiscal year in which the funds were unexpended. Such unexpended funds shall

be returned to the General Fund.

121.6-7. Capital Contributions. Any capital contributions made by the Nation shall be identified

in the annual budget.

(a) Any reassignment of a loan provided by the Nation into a capital contribution shall be

noticed to the General Tribal Council.

121.6-8. Assets of the Nation shall not be divested, or borrowed against, to balance the annual

budget.

121.6-9. Capital Improvements.

(a) Capital Improvement Plan for Government Services. The Oneida Business Committee

shall develop, and the General Tribal Council shall approve, a capital improvement plan

for government services.

(1) The capital improvement plan for government services shall cover a period of

five (5) to ten (10) years and shall include any risks and liabilities.

(2) The capital improvement plan for government services shall be reassessed once

every five (5) years. The Oneida Business Committee shall provide a status report

and recommendation for any improvements that have not been completed or that

have been modified at the time of the reassessment.

(b) Capital Improvement Plan for Enterprises. Capital improvement plans for enterprises

may be brought forward as needed, provided that the Oneida Business Committee shall

approve all capital improvement plans for enterprises.

government services and enterprises shall be implemented, contingent on available funding

capacity.

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121.7. Grants

121.7-1. Expending Grant Funds. Grant funds shall be expended according to any non-negotiable

grant requirements and guidelines of the granting agency.

(a) Grant funds may be utilized for, but not limited to, the following:

(1) purchases;

(2) travel;

(3) training;

(4) hiring grant required positions;

(5) incentives and retention efforts; and

(6) any other requirements attached to the funds as a condition of the Nation’s

acceptance of the grant funds.

(b) Grant funds may be utilized for an expenditure even when other policies of the Nation

do not allow for Tribal contribution to make that same expenditure, if only grant funds are

utilized for the expenditure and all requirements or obligations of the grant are met.

Provided that, grant funds may be subject to the requirements of the budget contingency

plan and any cost containment initiatives adopted by the Oneida Business Committee.

121.7-2. Exhaustion of Non-Tribal Funds. When grant funds provide for forward funding as

applicable to a function for which the Nation’s funds have also been appropriated, those grant

funds shall be used before appropriating the Nation’s funds unless the Nation’s funds are needed

to make up an otherwise shortfall in the overall fund unit budget or there is a restriction on the

grant funds that provide otherwise.

121.7-3. Grant Reporting. At the time of submission of proposed annual budgets, any fund unit

which receives grant funding shall submit a status report of the grant funding received to the

Oneida Business Committee. The status report shall include, but not be limited to:

(a) information on the progress of the utilization of the grant funds;

(b) the number of employees the grant funding supports fully or partially; and

121.7-4. Grant Reserve Fund Account. The Oneida Business Committee shall maintain a Grant

Reserve Fund account within the ownership investment report to be used to pre-fund the

expenditures of grants upon receipt. The Grant Reserve Fund account shall be an obligated fund,

that is fully funded with separately identified cash resources.

(a) The Treasurer, in consultation with the CFO, shall establish, and the Oneida Business

Committee shall approve, the level of funds required in the Grant Reserve Fund account

relative to the scale of grant dollars we receive on an annual basis.

(b) The Treasurer shall set aside funds within the budget in the Grant Reserve Fund account

until the established level has been achieved.

121.7-5. Grant Funded Positions. If the grant funding for a fully grant funded position is

eliminated, then the position shall be eliminated. To transition a position from grant funding to

being funded through the Nation’s budget, a manager shall follow the standard procedure for

seeking the development and approval of a new position in the Nation’s annual budget and labor

allocations.

121.8. Debts

121.8-1. General. The acquisition of debt by the Nation shall be processed in accordance with

sound fiscal diligence. The Nation shall comply with all relevant federal and state banking laws,

rules, and policies applicable to the credit agreement.

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(a) Any debt instrument utilized by the Nation shall not exceed the life of what is being

encumbered.

121.8-2. Acquisition of Debt. Any debt underwritten by the Nation for ten million dollars

($10,000,000) or more shall be noticed to the General Tribal Council at the next available meeting

prior to the execution of the credit agreement encumbering all pledges of repayment.

(a) If emergency circumstances exist which prevents the notice of the acquisition of debt

to the General Tribal Council, the Oneida Business Committee may proceed with the

acquisition of debt.

121.8-3. Use of Debt. Credit proceeds may be utilized for project capital, general use, financing

of equity, and all unspecified uses. Compliance with debt covenants is required to avoid credit

default.

121.8-4. Credit Ratios. Maintaining fiscally responsible prudent credit ratios is consistent with

effective budget management and financial control.

(a) Debt Service Coverage Ratio. The Debt Service Coverage Ratio shall not exceed the

acceptable range as defined by low-risk debt financing options at the specific financial

institution.

(b) Fixed Charge Coverage Ratio. The Fixed Charge Coverage Ratio shall be maintained

at the acceptable range as defined by low-risk debt financing options at the specific

financial institution.

121.8-5. Corporate Debt. The Nation shall not be obligated to any debt obligations of its corporate

entities.

121.9. Employment and Labor Allocations

121.9-1. Employment Cap. The Treasurer and CFO shall identify a maximum number of fulltime equivalent (FTE) employees to be employed by the Nation. The Oneida Business Committee

shall have the authority to approve this employment cap, and any amendments thereto, through the

adoption of a resolution. The employment cap shall be reviewed annually by the Oneida Business

Committee.

(a) Employment positions that are fully funded through grants shall not be included in the

employment cap.

(b) The Nation shall not exceed the number of FTE employees identified in the

employment cap.

121.9-2. Labor Allocations List. The Treasurer, CFO, Executive Managers, and the Executive

Human Resources Director shall utilize the Nation’s employment cap to develop a labor

allocations list. The labor allocations list shall identify the number of FTE employees each

employment area of the Nation is allocated. The Oneida Business Committee shall have the

authority to adopt the labor allocation list, and any amendments thereto, through the adoption of a

resolution. The Oneida Business Committee shall review the labor allocations list on an annual

basis.

(a) The total number of FTE employees identified in the labor allocations list shall not

exceed the Nation’s employment cap.

(b) The Treasurer, CFO, Executive Managers, and Executive Human Resources Director

shall develop a standard operating procedure which identifies a process for the

consideration of requests to revise the labor allocations list. The Oneida Business

Committee shall approve this standard operating procedure, and any amendments thereto,

through the adoption of a resolution.

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121.9-3. Unbudgeted Positions. Any position which has not been specifically budgeted for and

included in the labor allocation list shall be prohibited. Budgeted labor dollars and approved

positions shall not be transferrable in any form.

(a) Exception. The Oneida Business Committee may authorize an unbudgeted position for

a fund unit. The CFO shall provide the Oneida Business Committee a written fiscal analysis

and any input on the potential unbudgeted position. The Oneida Business Committee shall

authorize the unbudgeted position through the adoption of a resolution.

121.10. Budget Contingency Planning

121.10-1. Budget Contingency Plan. The Oneida Business Committee shall work with the CFO,

Executive Managers, and managers to create a budget contingency plan which provides a strategy

for the Nation to respond to extreme financial distress that could negatively impact the Nation.

(a) Extreme financial distress includes, but is not limited to:

(1) natural or human-made disasters;

(2) United States Government shutdown;

(3) emergency proclamations; and

(4) economic downturns.

(b) The Oneida Business Committee shall approve the budget contingency plan, and any

amendments thereto, through the adoption of a resolution.

121.10-2. Cost Saving Tools. As part of the budget contingency plan, the Oneida Business

Committee may require the use of cost saving tools, provided that the use of such complies with

all laws of the Nation. Cost saving tools may include, but are not limited to, the use of the

following:

(a) stabilization funds;

(b) reductions of expenditures;

(d) layoffs.

121.10-3. When the Oneida Business Committee determines that the Nation is under extreme

financial distress, the Oneida Business Committee shall be responsible for implementing the

budget contingency plan.

121.10-4. Permanent Executive Contingency Fund Account. The Oneida Business Committee

shall maintain a Permanent Executive Contingency Fund account within the ownership investment

report to be used to prevent default on debt and to sustain operations during times of extreme

financial distress. The Permanent Executive Contingency Fund account shall be a restricted fund.

(a) The Permanent Executive Contingency Fund account shall consist of a minimum

reserve of one (1) year of operating expenses to ensure continuity of business for the

Nation.

(b) The Treasurer, in consultation with the CFO, shall establish, and the Oneida Business

Committee shall approve through the adoption of a resolution, the percentage of the annual

budget that shall be set aside in the Permanent Executive Contingency Fund account until

the established level has been achieved.

the Oneida Business Committee has determined that the Nation is under extreme financial

distress for the following purposes and only to the extent that alternative funding sources

are unavailable:

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(1) payments to notes payable to debt service, both principal and interest, and

applicable service fees;

(2) employee payroll, including all applicable taxes;

(3) payments to vendors for gaming and retail;

(4) payments to vendors for governmental operations;

(5) payments to any other debt; and

(6) to sustain any of the Nation’s other operations during implementation of the

budget contingency plan.

121.11. Reporting

121.11-1. Monthly Reporting. The Treasurer shall provide monthly reports and quarterly

operational reports from direct reports to the Oneida Business Committee in accordance with the

Secretary’s Oneida Business Committee packet schedule for the Oneida Business Committee

meeting held for the acceptance of such reports.

(a) The Treasurer’s monthly reports shall include revenue and expense summaries.

121.11-2. Annual and Semi-Annual Reporting to the General Tribal Council. The Treasurer shall

report on all receipts and expenditures and the amount and nature of all funds in their possession

and custody, at the annual and semi-annual General Tribal Council meetings, and at such other

times as requested by the General Tribal Council or the Oneida Business Committee.

(a) The Treasurer reports shall include an independently audited annual financial statement

that provides the status or conclusion of all the receipts and debts in possession of the

Treasurer including, but not limited to, all corporations owned in full or in part by the

Nation.

121.11-3. Audits. The Internal Audit Department, annually, shall conduct independent

comprehensive performance audits, in accordance with the Nation’s Audit law, the Financial

Accounting Standards Board (FASB) and the Governmental Accounting Standards Board

(GASB), of randomly selected fund units or of fund units deemed necessary by the Oneida

Business Committee or Internal Audit Department. Each fund unit shall offer its complete

cooperation to the Internal Audit Department. The Oneida Business Committee may, as it deems

necessary, contract with an independent audit firm to conduct such audits.

121.12. Enforcement

121.12-1. Compliance and Enforcement. All employees and officials of the Nation shall comply

with and enforce this law to the greatest extent possible.

(a) The Executive Managers shall notify the Oneida Business Committee of any fund unit

which does not comply with the budget schedule or guidelines. A list of any fund units of

an elected entity which did not comply with the budget schedule or guidelines shall be

included in the annual report to the General Tribal Council.

121.12-2. Violations. Violations of this law shall be addressed using the applicable enforcement

tools provided by the Nation’s laws and policies including, but not limited to, those related to

employment with the Nation, conflicts of interest, ethics, and removal from an elected position.

121.12-3. Civil or Criminal Charges. This law shall not be construed to preclude the Nation from

pursuing civil or criminal charges under applicable law. Violations of applicable federal or state

civil or criminal laws, or any laws of the Nation, may be pursued in a court having jurisdiction

over any such matter.

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End.

Adopted – BC-02-08-17-C

Emergency Amended – BC-11-24-20-E

Emergency Amended – BC-05-12-21-C

Emergency Extension – BC-11-10-21-B

Amended – BC-05-11-22-B

Emergency Amended – BC-__-__-__-__

1 O.C. 121- Page 12

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Title 1. Government and Finances – Chapter 121

Twahwistatye>n$tha>

We have a certain amount of money

BUDGET AND FINANCES

121.1. Purpose and Policy

121.2. Adoption, Amendment, Repeal

121.3. Definitions

121.4. Authority and Responsibilities

121.5. Budget

121.6. Expenditures and Assets

121.7. Grants

121.8. Debts

121.9. Employment and Labor Allocations

121.10. Budget Contingency Planning

121.11. Reporting

121.12. Enforcement

121.1. Purpose and Policy

121.1-1. Purpose. The purpose of this law is to set forth the requirements to be followed by the

Oneida Business Committee and the Oneida fund units when preparing the budget to be presented

to the General Tribal Council for approval, and to establish financial policies and procedures for

the Nation which:

(a) institutionalize best practices in financial management to guide decision makers in

making informed decisions regarding the provision of services, implementation of business

plans for enterprises, investments, and capital assets;

(b) provide a long term financial prospective and strategic intent, linking budget

allocations to organizational goals, as well as providing fiscal controls and accountability

for results and outcomes;

government function, grant obligations, enterprises, membership mandates, capital

expenditures, technology projects, and capital improvement projects;

(d) establish a framework for effective financial risk management; and

(e) encourage participation by the Nation’s membership.

121.1-2. Policy. It is the policy of the Nation to rely on balanced-based budgeting strategies,

identifying proper authorities and ensuring compliance and enforcement. The Nation shall use

Generally Accepted Accounting Principles (GAAP), established by the Financial Accounting

Standards Board, and the Governmental Accounting Standards Board (GASB) in accounting and

reporting for the financial activities of the various entities of the Nation, unless they conflict with

applicable legal requirements.

121.2. Adoption, Amendment, Repeal

121.2-1. This law was adopted by the Oneida Business Committee by resolution BC-02-08-17C, amended by resolution BC-05-11-22-B, and amended on an emergency basis by resolution BC__-__-__-__.

121.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

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

121.2-3. 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.

121.2-4. 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. Provided that, nothing in this law amends or repeals the

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requirements of resolution BC-10-08-08-A, Adopting Expenditure Authorization and Reporting

Requirements.

121.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

121.3. Definitions

121.3-1. 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.

(a) “Balanced budget” means that the cost of current expenses and service provisions is

equal to the forecasted current revenue sources.

(b) “Capital contribution” means an act of giving money or assets to a company or

organization.

follows:

(1) Any item with a cost of five thousand dollars ($5,000) or more and a useful life

of one (1) year or more; or

(2) Items purchased together where none of the items individually costs more than

two thousand dollars ($2,000), but the total purchase price for all of the items is ten

thousand dollars ($10,000) or more.

(d) “Capital improvement” means a non-recurring expenditure for physical improvements,

including costs for:

(1) acquisition of existing buildings, land, or interests in land;

(A) Acquisition of existing buildings and land completed by the Oneida

Land Commission are not included in this definition.

(2) construction of new buildings or other structures, including additions and major

alterations;

(3) acquisition of fixed equipment;

(4) landscaping;

(5) physical infrastructure; and

(6) similar expenditures with a cost of five thousand dollars ($5,000.00) or more

and a useful life of one (1) year or more.

(e) “CFO” means the Nation’s Chief Financial Officer, or their designee at their discretion.

(f) “Debt” means the secured or unsecured obligations owed by the Nation.

(g) “Debt Service Coverage Ratio” means a measurement of creditors available cash flow

to pay debt obligations. This ratio evaluates if an entity has income capacity to service

debts.

(h) “Enterprise” means any area or activity of the Nation that is engaged in for the business

of profit.

(i) “Executive Manager” means a position of employment within the Nation that is the

highest level in the chain of command under the Oneida Business Committee who is

responsible for a department or division of the Nation, as identified by the Oneida Business

Committee through the adoption of a resolution.

(j) “Expenditure report” means a financial report which includes, but is not limited to, a

statement of cash flows, revenues, costs and expenses, assets, liabilities, and a statement of

financial position.

(k) “Finance Administration” means the department of the Nation which consists of the

Chief Financial Officer, Assistant Chief Financial Officer, the executive assistant to the

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Chief Financial Officer, and any other designated employee.

(l) “Fiscal year” means the one (1) year period each year from October 1st to September

30th.

(m) “Fixed Charge Coverage Ratio” means a measurement of a creditors capacity of

earnings level or ability to cover its fixed charges such as debt payments, interest expenses,

and leases expenses. Financial institutions will evaluate this ratio for purposes of credit

risk.

(n) “Fund unit” means any board, committee, commission, service, program, enterprise,

department, office, or any other division or non-division of the Nation which receives an

appropriation approved by the Nation.

(o) “Government service” means any area or activity of the Nation that is not expected to

create revenue for the Nation and not expected to make a profit at any time.

(p) “Line item” means the specific account within a fund unit’s budget or category that

expenditures are charged to.

(q) “Manager” means the person in charge of directing, controlling, and administering the

activities of a fund unit.

(r) “Nation” means the Oneida Nation.

(s) “Secretary” means the Oneida Nation Secretary, or their designee at their discretion.

(t) “Treasurer” means the Oneida Nation Treasurer, or their designee at their discretion.

121.4. Authority and Responsibilities

121.4-1. Oneida Business Committee. The Oneida Business Committee shall:

(a) oversee the development of the Nation’s budget;

(b) oversee the implementation of the Nation’s budget;

(d) exercise the authority provided in Article IV, Section 1, of the Constitution and Bylaws

of the Oneida Nation, as delegated to the Oneida Business Committee by the General Tribal

Council.

121.4-2. Treasurer. In accordance with the Constitution and Bylaws of the Oneida Nation, the

Nation’s Treasurer shall:

(a) accept, receive, receipt for, preserve and safeguard all funds in the custody of the

Nation, whether they be funds of the Nation or special funds for which the Nation is acting

as trustee or custodian;

(b) deposit all funds in such depository as the Nation shall direct and shall make and

preserve a faithful record of such funds;

Oneida Business Committee or the General Tribal Council at:

(1) the annual General Tribal Council meeting;

(2) the semi-annual General Tribal Council meeting; and

(3) other such times as may be directed by the Oneida Business Committee or the

General Tribal Council; and

(d) present the proposed draft budget to the General Tribal Council at the annual budget

meeting.

121.4-3. Chief Financial Officer. The CFO shall:

(a) ensure the Nation’s budget is properly implemented;

(b) provide managers with monthly revenue and expense reports;

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