# Oneida Business Committee (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ab38c28d5de30a3c3 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 409 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. I. CALL TO ORDER II. OPENING III. ADOPT THE AGENDA IV. MINUTES A. V. Approve the October 12, 2022, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary RESOLUTIONS A. Adopt resolution entitled Bureau of Indian Affairs Solid Waste Disposal FY-2023 Sponsor: Mark W. Powless, General Manager B. Adopt resolution entitled Special Diabetes for Indians Program (SDPI) for CY2023 and beyond through CY2027 Sponsor: Mark W. Powless, General Manager C. Adopt resolution entitled Fiscal Year 2023 COVID-19 Paid Time Off Hours Sponsor: Todd VanDen Heuvel, Executive HR Director D. Adopt resolution entitled Emergency Amendments to the Budget and Finances Law Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 1 of 5 October 26, 2022 Public Packet VI. VII. 2 of 409 APPOINTMENTS A. Determine next steps regarding one (1) vacancy - Oneida Election Board Sponsor: Lisa Liggins, Secretary B. Determine next steps regarding one (1) vacancy - Oneida Nation Arts Board Sponsor: Lisa Liggins, Secretary C. Determine next steps regarding five (5) vacancies - Oneida Youth Leadership Institute Board Sponsor: Lisa Liggins, Secretary STANDING COMMITTEES A. FINANCE COMMITTEE 1. B. LEGISLATIVE OPERATING COMMITTEE 1. VIII. Accept the October 5, 2022, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman STANDING ITEMS A. IX. Accept the October 17, 2022, regular Finance Committee meeting minutes Sponsor: Larry Barton, Chief Financial Officer ARPA FRF and Tribal Contribution Savings Submissions 1. Adopt resolution entitled Obligation for Change Management Initiatives Utilizing Tribal Contribution Savings Sponsor: Todd VanDen Heuvel, Executive HR Director 2. Adopt resolution entitled Obligation for On^yote?a?ká ni?i Project Plan Utilizing Tribal Contribution Savings Sponsor: Lisa Liggins, Secretary 3. Adopt resolution entitled Obligation for Transit Garage Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager TRAVEL REPORTS A. Approve the travel report - Vice-Chairman Brandon Stevens - Tribal Leaders Dinner Washington, D.C. - April 27-28, 2022 Sponsor: Brandon Stevens, Vice-Chairman Oneida Business Committee Regular Meeting Agenda Page 2 of 5 October 26, 2022 Public Packet X. 3 of 409 B. 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 C. Approve the travel report - Councilwoman Marie Cornelius - Packers VIP trip London, U.K. - October 4-10, 2022 Sponsor: Marie Cornelius, Councilwoman NEW BUSINESS A. Accept the Emergency Management After Action Report regarding the June 15, 2022, Severe Weather Event Sponsor: Kaylynn Gresham, Director/Emergency Management B. 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 C. 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 D. Approve three (3) requested actions - CDC # 19-004 Amelia Cornelius Culture Park Sponsor: Mark W. Powless, General Manager E. Approve the 2023 Oneida Business Committee meeting, reporting, and standing meeting schedules Sponsor: Lisa Liggins, Secretary F. 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 G. Post one (1) vacancy - Oneida Nation Commission on Aging Sponsor: Lisa Liggins, Secretary H. 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 Oneida Business Committee Regular Meeting Agenda Page 3 of 5 October 26, 2022 Public Packet XI. 4 of 409 REPORTS A. XII. OPERATIONAL (10:00 a.m.) 1. Accept the Big Bear Media FY-2022 4th quarter report Sponsor: Mark W. Powless, General Manager 2. Accept the Comprehensive Health Division FY-2022 4th quarter report Sponsor: Mark W. Powless, General Manager 3. Accept the Comprehensive Housing Division FY-2022 4th quarter report Sponsor: Mark W. Powless, General Manager 4. Accept the Digital Technology Services FY-2022 4th quarter report Sponsor: Mark W. Powless, General Manager 5. Accept the Education & Training FY-2022 4th quarter report Sponsor: Mark W. Powless, General Manager 6. Accept the Environmental, Health, Safety, Land, & Agriculture Division FY2022 4th quarter report Sponsor: Mark W. Powless, General Manager 7. Accept the Grants FY-2022 4th quarter report Sponsor: Mark W. Powless, General Manager 8. Accept the Governmental Services Division FY-2022 4th quarter report Sponsor: Mark W. Powless, General Manager 9. Accept the Public Works Division FY-2022 4th quarter report Sponsor: Mark W. Powless, General Manager GENERAL TRIBAL COUNCIL A. Consider request to declare the General Tribal Council Stipend a General Welfare Assistance payment Sponsor: Nancy Barton, Tribal Member B. 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 C. 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 D. 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 Oneida Business Committee Regular Meeting Agenda Page 4 of 5 October 26, 2022 Public Packet 5 of 409 E. XIII. EXECUTIVE SESSION A. B. XIV. Schedule the 2023 annual General Tribal Council meeting Sponsor: Lisa Liggins, Secretary REPORTS 1. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 2. Accept the General Manager report (10:00 a.m.) Sponsor: Mark W. Powless, General Manager 3. Accept the Chief Financial Officer October 2022 report Sponsor: Larry Barton, Chief Financial Officer 4. Accept the Intergovernmental Affairs, Communications, and Self-Governance October 2022 report Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs NEW BUSINESS 1. Review application(s) for one (1) vacancy - Oneida Election Board Sponsor: Lisa Liggins, Secretary 2. Review application(s) for one (1) vacancy - Oneida Nation Arts Board Sponsor: Lisa Liggins, Secretary 3. Review application(s) for five (5) vacancies - Oneida Youth Leadership Institute Board Sponsor: Lisa Liggins, Secretary 4. Determine next steps regarding request of employment contract review from DR14 Sponsor: Lisa Liggins, Secretary 5. 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 Oneida Business Committee Regular Meeting Agenda Page 5 of 5 October 26, 2022 Public Packet 6 of 409 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 Public Packet 7 of 409 DRAFT 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; I. 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 A. 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. Oneida Business Committee Regular Meeting Minutes Page 1 of 12 October 12, 2022 Public Packet 8 of 409 DRAFT 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 A. 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. V. MINUTES A. 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 A. LEGISLATIVE OPERATING COMMITTEE 1. 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 Oneida Business Committee Regular Meeting Minutes Page 2 of 12 October 12, 2022 Public Packet 9 of 409 DRAFT VII. STANDING ITEMS A. ARPA FRF and Tribal Contribution Savings Submissions 1. 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 2. 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. 3. 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 Oneida Business Committee Regular Meeting Minutes Page 3 of 12 October 12, 2022 Public Packet 10 of 409 DRAFT 4. 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 A. 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 B. 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 Oneida Business Committee Regular Meeting Minutes Page 4 of 12 October 12, 2022 Public Packet 11 of 409 DRAFT C. 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 Oneida Business Committee Regular Meeting Minutes Page 5 of 12 October 12, 2022 Public Packet 12 of 409 DRAFT IX. TRAVEL REQUESTS A. 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 Oneida Business Committee Regular Meeting Minutes Page 6 of 12 October 12, 2022 Public Packet 13 of 409 DRAFT B. 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 X. NEW BUSINESS A. 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 B. 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 C. 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 Oneida Business Committee Regular Meeting Minutes Page 7 of 12 October 12, 2022 Public Packet 14 of 409 DRAFT D. 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 E. 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 F. 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 G. 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 H. 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 Oneida Business Committee Regular Meeting Minutes Page 8 of 12 October 12, 2022 Public Packet 15 of 409 DRAFT I. 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 A. 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 16 of 409 DRAFT A. REPORTS 1. 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 2. 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 Public Packet 17 of 409 DRAFT B. AUDIT COMMITTEE 1. 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 2. 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 C. NEW BUSINESS 1. 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 2. 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 Public Packet 18 of 409 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 Public Packet 19 of 409 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 Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 20 of 409 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 Page 2 of 2 Public Packet 21 of 409 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. Public Packet 22 of 409 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Public Packet 23 of 409 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 Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 DocuSign Envelope ID: 9DED23D1-B897-4B02-9365-10901C80D260 Public Packet 24 of 409 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. 25 of 409 Public Packet 26 of 409 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 27 of 409 Public Packet 28 of 409 Public Packet 29 of 409 Public Packet 30 of 409 Public Packet 31 of 409 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 Public Packet 32 of 409 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. 1 Public Packet 33 of 409 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. 2 Public Packet 34 of 409 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) 3 Public Packet 35 of 409 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 4 Public Packet 36 of 409 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 Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 37 of 409 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 Public Packet 38 of 409 Public Packet 39 of 409 Public Packet Oneida Nation 40 of 409 Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 Public Packet 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 41 of 409 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. Public Packet 42 of 409 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. Page 1 of 2 Public Packet 43 of 409 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. Page 2 of 2 Public Packet 44 of 409 Analysis to Emergency Draft 1 2022 10 26 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. 1 2 3 4 5 6 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 Page 1 of 4 Public Packet 45 of 409 Analysis to Emergency Draft 1 2022 10 26 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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. 34 35 36 37 38 39 40 41 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. 42 43 44 45 46 47 48 49 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 Page 2 of 4 Public Packet 46 of 409 Analysis to Emergency Draft 1 2022 10 26 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 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. 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 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. 85 86 87 88 89 90 91 92 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]. Page 3 of 4 Public Packet 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 47 of 409 Analysis to Emergency Draft 1 2022 10 26  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. 124 SECTION 7. OTHER CONSIDERATIONS 125 A. Deadline for Permanent Adoption of Legislation. The adoption of emergency amendments to the Law 126 expire six (6) months after adoption. The emergency legislation may be renewed for an additional six 127 (6) month period. 128  Conclusion: The Legislative Operating Committee will need to determine if the adoption of these 129 amendments is necessary on a permanent basis, and if so, develop the permanent amendments to 130 this Law within the next six (6) to twelve (12) months. 131 B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation. 132  Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except 133 emergency legislation [1 O.C. 109.6-1]. 134 Page 4 of 4 Public Packet 48 of 409 Emergency Draft 1 (Redline to Current) 2022 10 19 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 121.7. 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; (c) 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; (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 1 O.C. 121- Page 1 Public Packet 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 49 of 409 Emergency Draft 1 (Redline to Current) 2022 10 19 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. (c) “Capital expenditure” means any non-recurring and non-physical improvement as 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 1 O.C. 121- Page 2 Public Packet 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 50 of 409 Emergency Draft 1 (Redline to Current) 2022 10 19 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; (c) develop priorities, a strategic plan, or broad goals to assist in guiding the budget; and (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; (c) submit expenditure reports and other financial reports as deemed necessary by the 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; 1 O.C. 121- Page 3 Public Packet 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 51 of 409 Emergency Draft 1 (Redline to Current) 2022 10 19 (c) assist with the submission and presentation of the Treasurer’s report to the Oneida 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; (c) submit budget review reports to the CFO on a reasonable and timely basis not to exceed 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. (c) The Nation’s corporate entities shall not be included in the Nation’s budget. 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; (c) A description of each line item within each fund unit’s budget; (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. 1 O.C. 121- Page 4 Public Packet 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 52 of 409 Emergency Draft 1 (Redline to Current) 2022 10 19 (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. (c) Final Draft Budget. The Oneida Business Committee shall work with the Treasurer, 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 1 O.C. 121- Page 5 Public Packet 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 53 of 409 Emergency Draft 1 (Redline to Current) 2022 10 19 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. (c) Programs and services charging fees may offer fee waivers, provided that the program 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 1 O.C. 121- Page 6 Public Packet 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 54 of 409 Emergency Draft 1 (Redline to Current) 2022 10 19 notification by the Oneida Business Committee to the General Tribal Council at the next available General Tribal Council meeting. (c) Unbudgeted Supplemental Funding. In the event that the Nation receives any 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. (c) Capital Improvement Plan Implementation. Capital improvement plans for government services and enterprises shall be implemented, contingent on available funding capacity. 1 O.C. 121- Page 7 Public Packet 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 55 of 409 Emergency Draft 1 (Redline to Current) 2022 10 19 121.7. 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 (c) compliance with obligations of the grant funding. 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. 1 O.C. 121- Page 8 Public Packet 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 56 of 409 Emergency Draft 1 (Redline to Current) 2022 10 19 (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. 1 O.C. 121- Page 9 Public Packet 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 57 of 409 Emergency Draft 1 (Redline to Current) 2022 10 19 121.9-3. 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; (c) furloughs; and (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. (c) Funds in the Permanent Executive Contingency Fund account may only be used when 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: 1 O.C. 121- Page 10 Public Packet 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 58 of 409 Emergency Draft 1 (Redline to Current) 2022 10 19 (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. 1 O.C. 121- Page 11 Public Packet 495 496 497 498 499 500 501 59 of 409 Emergency Draft 1 (Redline to Current) 2022 10 19 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 Public Packet 60 of 409 Emergency Draft 1 2022 10 19 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 121.7. 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; (c) 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; (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 1 O.C. 121- Page 1 Public Packet 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 61 of 409 Emergency Draft 1 2022 10 19 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. (c) “Capital expenditure” means any non-recurring and non-physical improvement as 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 lif [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ab38c28d5de30a3c3. Public record. Not legal advice.