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Oneida Nation
Post Office Box 365
Oneida, WI 54155
Phone: (920)869-2214
BC Meeting Materials September 13, 2017
Open Session
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 475 pages are the Open Session meeting materials presented at a
meeting duly called, noticed and held on the 13th day of September, 2017.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
Public Packet
Page 1
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, September 12, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, September 13, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/
I.
CALL TO ORDER AND ROLL CALL
II.
OPENING
III.
ADOPT THE AGENDA
IV.
MINUTES
V.
A.
Approve corrected July 26, 2017, regular meeting minutes
Sponsor: Lisa Summers, Tribal Secretary
B.
Approve August 9, 2017, regular meeting minutes
Sponsor: Lisa Summers, Tribal Secretary
C.
Approve August 17, 2017, special meeting minutes
Sponsor: Lisa Summers, Tribal Secretary
D.
Approve August 30, 2017, special meeting minutes
Sponsor: Lisa Summers, Tribal Secretary
RESOLUTIONS
A.
Adopt resolution regarding Oneida Nation Budget Contingency Plan
Sponsor: Trish King, Tribal Treasurer
Oneida Business Committee Regular Meeting Agenda of September 13, 2017
Page 1 of 6
Public Packet
VI.
Page 2
B.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida Airport Hotel Corp. dba Radisson
Inn
Sponsor: Larry Barton, Chief Financial Officer
C.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida Airport Hotel Corp. dba Wingate
Sponsor: Larry Barton, Chief Financial Officer
D.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida Bingo & Casino (Main)
Sponsor: Larry Barton, Chief Financial Officer
E.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida Casino Travel Center
Sponsor: Larry Barton, Chief Financial Officer
F.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida Golf Enterprise-Thornberry
Sponsor: Larry Barton, Chief Financial Officer
G.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida One Stop-E & EE
Sponsor: Larry Barton, Chief Financial Officer
H.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida One Stop-Larson
Sponsor: Larry Barton, Chief Financial Officer
I.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida One Stop-Packerland
Sponsor: Larry Barton, Chief Financial Officer
J.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida One Stop-Westwind
Sponsor: Larry Barton, Chief Financial Officer
K.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida West Mason St. Casino
Sponsor: Larry Barton, Chief Financial Officer
L.
Adopt resolution entitled Adopt resolution entitled Legal Resource Center
Sponsor: David Jordan, Councilman; Legislative Operating Committee Chair
STANDING COMMITTEES
A.
Legislative Operating Committee
Chair: David Jordan, Councilman
1.
Accept August 2, 2017, Legislative Operating Committee meeting minutes
Oneida Business Committee Regular Meeting Agenda of September 13, 2017
Page 2 of 6
Public Packet
B.
2.
Accept August 11, 2017, Legislative Operating Committee meeting minutes
3.
Accept Children’s Code Implementation Plan as information
4.
Consider Oneida Nation Seal & Flag Rule #1 for adoption
Finance Committee
Chair: Trish King, Tribal Treasurer
1.
VII.
Page 3
Approve September 5, 2017, Finance Committee meeting minutes
UNFINISHED BUSINESS
A.
Accept status update regarding Oneida Public Service Announcements; and direct
appropriate areas to provide implementation plan at October 17, 2017, OBC work
meeting
Sponsor: Trish King, Tribal Treasurer
EXCERPT FROM FEBRUARY 22, 2017: Motion by Jennifer Webster to approve the Treasurer’s
request to formulate a cross-functional team to create public service announcements regarding
Oneida/Haudenosaunee history, language, and culture, seconded by Tehassi Hill. Motion carried
unanimously.
B.
Direct HR Area Manager and Chief Financial Officer to submit completed wage
analysis at the October 17, 2017, OBC work meeting
Sponsor: Trish King, Tribal Treasurer
EXCERPT FROM APRIL 12, 2017: Motion by Lisa Summers to accept the Treasurer’s draft
memorandum dated April 4, 2017; and to accept items for this request as identified in numbers 1-6,
1) being a yes; 2) being a yes, 3) being a no, but to plan for FY 2019; 4) being a yes, 5) being a yes,
noting that it will also have to comply with the policies and procedures, and 6) being a yes, seconded
by Tehassi Hill. Motion carried unanimously.
VIII.
NEW BUSINESS
A.
Approve 2017 Special Election schedule
Sponsor: Tehassi Hill, Tribal Chairman
B.
Approve limited waiver of sovereign immunity - Renaissance Learning Inc. - file #
2017-0786
Sponsor: Brandon Stevens, Tribal Vice-Chairman
C.
Delegate a Direct Report to be responsible to work on 2017-2018 United Way
Workplace Campaign
Sponsor: Lisa Summers, Tribal Secretary
D.
Post one (1) vacancy on the Environmental Resource Board with a term expiration
date of March 25, 2018
Sponsor: Lisa Summers, Tribal Secretary
Oneida Business Committee Regular Meeting Agenda of September 13, 2017
Page 3 of 6
Public Packet
E.
IX.
Enter E-Poll results into the record for approval of “Option 1: First Come, First Serve”
for distribution of one-hundred (100) tickets - Indian Summer Festival - Milwaukee,
WI - September 8-10, 2017
Sponsor: Lisa Summers, Tribal Secretary
TRAVEL
A.
X.
Page 4
Travel Requests
1.
Approve travel request - Vice-Chairman Brandon Stevens - 2017 Fall Haskell
Board of Regents meeting - Lawrence, KS - October 10-12, 2017
Sponsor: Brandon Stevens, Tribal Vice-Chairman
2.
Approve travel request - Councilwoman Jennifer Webster and Director of
Head Start - Annual Federal Office of Head Start Tribal Consultation Anchorage, AK - October 17-20, 2017
Sponsor: Brandon Stevens, Tribal Vice-Chairman
3.
Approve travel request - Councilwoman Jennifer Webster, Councilman
Daniel Guzman King, and one (1) assistant – Medicare & Medicaid Policy
Committee (MMPC) and Center for Medicare & Medicaid (CMS) Tribal
Technical Advisory Group (TTAG) meetings - Washington D.C. - October 30November 3, 2017
Sponsor: Daniel Guzman King, Councilman
4.
Enter E-Poll results into the record for approved travel request - Chairman
Tehassi Hill – Democratic National Convention (DNC) Native American
Roundtable - Washington D.C. - September 12-13, 2017
Sponsor: Lisa Summers, Tribal Secretary
5.
Enter E-Poll results into the record for approved travel request Councilwoman Jennifer Webster & Councilman Daniel Guzman King –
Center for Medicare & Medicaid Services (CMS) meeting - Washington D.C. September 12-14, 2017
Sponsor: Lisa Summers, Tribal Secretary
6.
Enter E-Poll results into the record for the approved travel request Treasurer Trish King - 2017 Native American Finance Officer Association
(NAFOA) Fall Finance & Tribal Economies conference - Tulsa, OK - October
1-4, 2017
Sponsor: Lisa Summers, Tribal Secretary
OPERATIONAL REPORTS (Please note: Scheduled times are tentative and subject to
change.)
A.
Accept Internal Services Division FY '17 3rd quarter report (1:30 p.m.-2:00 p.m.)
Sponsor: Joanie Buckley, Division Director/Internal Services
Oneida Business Committee Regular Meeting Agenda of September 13, 2017
Page 4 of 6
Public Packet
XI.
XII.
Page 5
GENERAL TRIBAL COUNCIL
A.
Accept legal opinion regarding Petitioner Linda Dallas: 2017 Tri-Annual General
Election
Sponsor: Jo Anne House, Chief Counsel
B.
Schedule date and time for 2018 Annual GTC meeting
Sponsor: Lisa Summers, Tribal Secretary
EXECUTIVE SESSION (Please note: Scheduled times are tentative and subject to change.)
A.
B.
REPORTS
1.
Accept Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
2.
Accept Chief Financial Officer report dated September 7, 2017
Sponsor: Jo Anne House, Chief Counsel
STANDING ITEMS
1.
C.
Land Claims Strategy (No Requested Action)
UNFINISHED BUSINESS
1.
Accept recommendation regarding community concern # 2017-CC-11
Sponsor: Lisa Summers, Tribal Secretary
EXCERPT FROM AUGUST 9, 2017: Motion by Tehassi Hill to forward the
message to the Oneida Police Dept. for their review and consideration for further
actions, seconded by Trish King. Motion carried unanimously.
2.
Review follow-up regarding complaint # 2017-DR11-01 (Not Submitted)
Sponsors: Brandon Stevens, Tribal Vice-Chairman; Jennifer Webster,
Councilwoman
EXCERPT FROM AUGUST 9, 2017: Motion by David Jordan to assign OBC
members Brandon Stevens and Jennifer Webster for follow-up; and for this item to
brought to the September 13, 2017, regular Business Committee meeting,
seconded by Trish King. Motion carried unanimously.
EXCERPT FROM JULY 27, 2017: (Reconvened from July 26, 2017) Motion by
Jennifer Webster to direct Vice-Chairwoman Melinda J. Danforth to complete the
follow-up on behalf of the OBC Officers; and to direct that the report from
Comprehensive Health be due at the August 9, 2017, regular Business Committee
meeting, seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM JULY 12, 2017: Motion by Motion by Jennifer Webster to defer
this item to the Oneida Business Committee Officers for follow up with the
Comprehensive Health Operations Division Director; and for a report to be brought
back to the July 26, 2017, regular Business Committee meeting, seconded by
Fawn Billie. Motion carried unanimously.
Oneida Business Committee Regular Meeting Agenda of September 13, 2017
Page 5 of 6
Public Packet
D.
XIII.
Page 6
NEW BUSINESS
1.
Approve one-hundred twenty-five (125) new enrollments; and one (1)
relinquishment
Sponsor: Kirby Metoxen, Councilman
2.
Approve limited waiver of sovereign immunity - Luxottica USA LLC. - file #
2016-0551
Sponsor: Brandon Stevens, Tribal Vice-Chairman
3.
Approve limited waiver of sovereign immunity - LexisNexis Time Matters
Annual Maintenance agreement - file # 2017-1047
Sponsor: Jo Anne House, Chief Counsel
4.
Review and determine appropriate next steps regarding Parental Time Policy
Sponsor: Lisa Summers, Tribal Secretary
5.
Determine next steps regarding concern # 2017-DR-G-01
Sponsor: Lisa Summers, Tribal Secretary
6.
Determine next steps regarding concern # 2017-DR-G-02
Sponsor: Lisa Summers, Tribal Secretary
7.
Approve two (2) actions regarding 161 Agreement (This item is scheduled to
begin at 11:00 a.m.)
Sponsor: Kirby Metoxen, Councilman
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 8:45 p.m., Sunday, September 10, 2017,
pursuant to the Open Records and Open Meetings Law, section 7.17-1.
The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official
website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800)
236-2214.
Oneida Business Committee Regular Meeting Agenda of September 13, 2017
Page 6 of 6
Public Packet
Page 7
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
09 / 13 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve corrected July 26, 2017, regular meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. July 26, 2017, regular meeting mins (corrected)
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Public Packet
Page 8
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
***BACKGROUND***
Notification was received regarding the motion for item VI.J. Adopt resolution entitled Landlord-Tenant
Emergency Amendments. It was clarified in the meeting's audio that this resolution was the last extension and
that "Extension" should be added to end of the resolution's title. The correction has been made and is placed on
the OBC agenda for approval.
***REQUESTED ACTION***
Approve corrected July 26, 2017, regular meeting minutes.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Public Packet
Page 9
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, July 25, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, July 26, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Reconvened Meeting
2:54 p.m. Thursday, July 27, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
EXECUTIVE SESSION
Present: Chairwoman Tina Danforth, Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King,
Council members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster;
Not Present: Secretary Lisa Summers;
Arrived at: ;
Others present: Jo Anne House, RaLinda Ninham-Lamberies, Lisa Liggins, Louise Cornelius, Chad
Fuss, Jeff Bowman, Brad Graham, Jeff House, Jackie Zalim, Janice Hirth-Skenandore, Josh Doxtator,
Justin Knight, Steve Ninham, Mary Shaw, Kelly Losee, Nate King, Larry Barton;
REGULAR MEETING
Present: Chairwoman Tina Danforth, Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King,
Secretary Lisa Summers, Council members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens,
Jennifer Webster;
Not Present: ;
Arrived at: ;
Others present: Larry Barton, Jo Anne House, Heather Heuer, Candice Skenandore, Clorissa Santiago,
Jen Falck, RaLinda Ninham-Lamberies, Rhiannon Metoxen, Jessica Wallenfang, Lee Cornelius, Lora
Skenandore, Chris Johnson, Brad Graham, Pogi King Dessart, Steve Webster, Joanie Buckley, Louise
Cornelius, Geraldine Danforth, Tammy Skenandore, Donald Miller, Dan Hawk, Taniquelle Thurner, Janice
Decorah, Denise Vigue, Debbie Melchert, Krystal John, Rae Skenandore, Mike Hill, Leyne Orosco,
Jacque Boyle, Ed Delgado, Lisa Liggins, Bonnie Pigman, Cathy Metoxen, Cathy Bachhuber, Maureen
Perkins, Nancy Barton, Kory Wesaw, Pearl Webster, Carol Smith, Gerald DeCoteau, Patrick Pelky, Frank
Vandehei, Debra Danforth, Ravinder Vir, Susan House, Linda Dallas, Sid White, Troy Parr, Kristy Krenke,
Carol Smith, Judy Cornelius, Gene Schmidt, Barb Erickson, Karen Parr;
RECONVENED MEETING
Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Council members: Fawn Billie,
Tehassi Hill, Brandon Stevens, Jennifer Webster;
Not Present: Chairwoman Tina Danforth, Secretary Lisa Summers;
Arrived at: Councilman David Jordan at 3:03 p.m.;
Others present: Jo Anne House, RaLinda Ninham-Lamberies, Heather Heuer;
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
Page 1 of 21
Public Packet
Page 10
I. CALL TO ORDER AND ROLL CALL by at Chairwoman Tina Danforth 8:30 a.m. on July 26, 2017
II. OPENING by Councilman Tehassi Hill on July 26, 2017
A. Special Recognition – Oneida athletes – North American Indigenous Games (NAIG)
Toronto, Ontario – July 17-21, 2017 (3:33:27)
Sponsor:
Fawn Billie, Councilwoman
Special Recognition by coaches (Jamison King, Anthony Cornelius, Terry Melchert, Dugan Webster,
Margaret Ellis, Lois Stevens, Nona Danforth, Kokomoss White, Michael Ninham, Kristin Zablocki,
Vincente Vega, Leah Stroobants, Brad Vanevery, Dana Isaac, Sid White, Kilabrew Vandyke, Shad
Webster, Tanya Skenandore, Justine Mehojah, and Jenna Cornelius-Daubon), the many community
members supporters, and the Oneida Business Committee of the Oneida Nation athletes who
participated in the North American Indigenous Games: Crimson Powless, Elijah Metoxen, Jonathon
Massey, Anthony Hernandez, Ty Melchert, Isaiah Funmaker, Richard Summers III, David Danforth,
Lexandria Metoxen, M’Kenzy Ackley, Lieda Rodriquez, Sadie Schuman, Malia Jacobs, Imani Ninham,
Namoi House, Miranda Skenandore, Yanet Torres-Mejia, Rilee Powless, Shania Barber, Taliah Degroot,
Mercedes Ackley, Skylee Elm, Kiandra Gerald, Jaelynn Danforth, Skye Degroot, Aaliyah House-Webster,
Presley Cornelius, Levi Williams, Brylee King, Jamozzy Skenandore, Trent Thomas, Brandon King,
Danika Zablocki, Briana Zablocki, Jackie Zablocki, Bree Bzdawka, Anastacia Reyes-Elm, Altaezza
Douangmala, Sophie Skenandnore, Savanna Fish, Lindsey Danforth, Sandra Torres-Mejia, Sadie Kelly,
Cameron Skenandore, Nathan Ninham, Kelly Stevens, Blake Doxtator, Willard Johnson Jr., Desmond
Degroot, Jermiah Webster, Gavin White, Nathaniel Padron, Seth Charles, Patrick Baillie, Darwin Issac,
Kyle Betters, Brandon Granquist, Melvin Matson, Miguel Hernandez, Damon Denny, Paige Skenandore,
Tianna Hackett, Laiyah Lee, Jashon Killspotted, Riley Rasmussen, Lillian Cooper, Chaselyn Parker, Tiara
Barber, Caleb Aguirre, Jackson Schuyler, Joshua Skenandore, Danny Herrera, Kiara Skenadore, Dylan
Danforth, Jose Guzman, Camillie Billie, Mia Charnon, Jashelle King-Skenandore, Nakai Webster, Sadie
Danforth, Kailey Hill, Caydence Cornelius, Wayne Williams, and Margo Francour.
B. Special Recognition for Years of Service – Seventeen (17) Oneida Nation employees
Sponsor:
Geraldine Danforth, Area Manager/Human Resources Dept. (00:04:50)
Special Recognition by Steve Webster of Paula (Pogi) King Dessart(35 years of service); Special
Recognition by Louise Cornelius of Samantha Skenandore (35 years of service); Special Recognition by
Kim Laluzerne of Victoria Reed-Vanderzanden (30 years of service); Special Recognition by Kim
Laluzerne of Susan Kelly (25 years of service); Special Recognition by Kim Laluzerne of Tina Moore (25
years of service); Special Recognition by Franklin Cornelius of Kim Laluzerne (25years of service);
Special Recognition by Jeffrey Carlson of Kelly Skenandore (25 years of service); Special Recognition by
Louise Cornelius of Lorna Skenandore (25 years of service); Special Recognition by Robert Chambers of
Dorothy Cornette (25 years of service); and Special Recognition by Chad Cornelius of Shelly Stevens (25
years of service). Special Recognition for the following individuals who could not be present: William
Stevens for 40 years of service; Carl Prevost for 35 years of service; Gene Thomas for 30 years of
service; Philip Smith for 30 years of service; Richard VanBoxtel for 25 years of service; Jill Green for 25
years of service; Floyd Schuman Jr. for 25 years of service; James Petitjean for 25 years of service;
Owen Somers for 25 years of service; Dale Powless for 25 years of service; Wendy Summers for 25
years of service; and Tracy Charles for 25 years of service.
C. Special Recognition – Chairwoman Tina Danforth – Oneida Business Committee (Add-on)
Sponsor:
Larry Barton, Chief Financial Officer (00:24:00)
Special Recognition by family members, community members, and colleagues of Chairwoman Tina
Danforth for 18 years of service as a tribal leader with the Business Committee. Song and drum provided
by Trevon Danforth.
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
Page 2 of 21
Public Packet
Page 11
III. ADOPT THE AGENDA (00:46:14)
Motion by Brandon Stevens to adopt the agenda with the following changes: [Schedule Unfinished
Business item 10.A. Approve four (4) actions regarding Oneida Nation Solar LLC. Operating agreement –
file # 2017-0655, at 10:00 a.m.; Add-on General Tribal Council item regarding Petitioner Frank Vandehei:
Modify or eliminate E-Poll process; Note the scheduled time frames for item II.A. and section XII.
Operational Reports; and Add-on II.C. Special Recognition for Chairwoman Tina Danforth of the Oneida
Business Committee], seconded by David Jordan. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Amendment to the main motion by David Jordan to schedule Executive Session – New Business items
XIV.E.05. and XIV.E.06. at 3:30 p.m., seconded by Melinda J. Danforth. Motion carried with one
abstention:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Lisa Summers, Jennifer Webster
Abstained:
Brandon Stevens
Treasurer Trish King departs at 9:29 a.m. on July 26, 2017
IV. OATHS OF OFFICE (00:56:54) administered by Secretary Lisa Summers
A. Oneida Police Commission – Kory Wesaw
B. Oneida Personnel Commission – Pearl Webster, Carol Smith, and Gerald DeCoteau
V. MINUTES (00:59:43)
(July 26, 2017, regular meeting)
A. Approve July 12, 2017, regular meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to approve the July 12, 2017, regular meeting minutes, seconded by Lisa
Summers. Motion carried with two abstentions:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Abstained:
Melinda J. Danforth, Brandon Stevens
Not Present:
Trish King
VI. RESOLUTIONS
Treasurer Trish King returns at 9:32 a.m. on July 26, 2017
(July 26, 2017, regular meeting)
A. Adopt resolution entitled Native American Business Development Institute (NABDI)
Feasibility Study (1:00:17)
Sponsor:
Joanie Buckley, Division Director/Internal Services
Motion by Lisa Summers to defer this item to the August 9, 2017, regular Business Committee meeting
until we can get more information from the Community & Economic Development Division on this request,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
Page 3 of 21
Public Packet
Page 12
(July 26, 2017, regular meeting)
B. Adopt resolution entitled Well Abandonment Law Amendments (1:09:25)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Lisa Summers to adopt resolution # 07-26-17-A Well Abandonment Law Amendments,
seconded by David Jordan. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
(July 26, 2017, regular meeting)
C. Adopt resolution entitled Tribal Environmental Response Law Amendments (1:10:58)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by David Jordan to adopt resolution # 07-26-17-B Tribal Environmental Response Law
Amendments, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Secretary Lisa Summers departs at 9:43 a.m. on July 26, 2017
Secretary Lisa Summers returns at 9:46 a.m. on July 26, 2017
(July 26, 2017, regular meeting)
D. Adopt resolution entitled On-Site Waste Disposal Law Amendments (1:11:23)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Melinda J. Danforth to adopt resolution # 07-26-17-C On-Site Waste Disposal Law
Amendments, seconded by Brandon Stevens. Motion carried with one abstention:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Jennifer Webster
Abstained:
Lisa Summers
(July 26, 2017, regular meeting)
E. Adopt resolution entitled Public Use of Tribal Land Law Amendments (1:16:12)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Brandon Stevens to adopt resolution # 07-26-17-D Public Use of Tribal Land Law
Amendments, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
(July 26, 2017, regular meeting)
F. Adopt resolution entitled All-Terrain Vehicle Law Amendments (1:16:56)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Melinda J. Danforth to adopt resolution # 07-26-17-E All-Terrain Vehicle Law Amendments,
noting the effective date will be October 1, 2017, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
(July 26, 2017, regular meeting)
G. Adopt resolution entitled Hunting, Fishing and Trapping Law Amendments (1:17:36)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
Page 4 of 21
Public Packet
Page 13
Motion by Lisa Summers to adopt resolution # 07-26-17-F Hunting, Fishing and Trapping Law
Amendments, noting the effective date will be October 1, 2017, seconded by Trish King. Motion carried
with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Abstained:
Melinda J. Danforth
(July 26, 2017, regular meeting)
H. Adopt resolution entitled Water Resources Ordinance Amendments (1:18:52)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Trish King to adopt resolution # 07-26-17-G Water Resources Ordinance Amendments, noting
the effective date will be October 1, 2017, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Councilman Tehassi Hill departs at 10:03 a.m. on July 26, 2017
Councilman Tehassi Hill returns at 10:09 a.m. on July 26, 2017
(July 26, 2017, regular meeting)
I. Adopt resolution entitled Oneida Business Committee Meetings Law (1:19:44)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Lisa Summers to adopt resolution # 07-26-17-H Oneida Business Committee Meetings Law;
and to request the Intergovernmental Affairs & Communications Dept. to assist with communicating the
changes, seconded by David Jordan. Motion carried with one opposed:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Opposed:
Melinda J. Danforth
Amendment to the main motion by David Jordan that under line 107, change three (3) minutes to five (5)
minutes per agenda item; and under section 117.7-2(e) to allow for community members to also make
requests to the agenda, seconded by Brandon Stevens. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Abstained:
Melinda J. Danforth
Amendment to the main motion by Lisa Summers for a review to be done by the Legislative Operating
Committee in six (6) months after implementation, seconded by David Jordan. Motion carried
unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Business Committee moves to item X.A. scheduled at 10:00 a.m.
(July 26, 2017, regular meeting)
J. Adopt resolution entitled Landlord-Tenant Emergency Amendments (1:55:20)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Brandon Stevens to adopt resolution # 07-26-17-I Landlord-Tenant Emergency Amendments
Extension, seconded by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Melinda J. Danforth, Fawn Billie
Councilwoman Fawn Billie returns at 10:34 a.m. on July 26, 2017
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
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Vice-Chairwoman Melinda J. Danforth returns at 10:36 a.m. on July 26, 2017
Secretary Lisa Summers departs at 10:43 a.m. on July 26, 2017
Secretary Lisa Summers returns at 10:46 a.m. on July 26, 2017
(July 26, 2017, regular meeting)
K. Adopt resolution entitled Adoption of the Children’s Code and the Nation’s Indian Child
Welfare Act Policy (1:59:30)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Brandon Stevens to adopt resolution # 07-26-17-J Adoption of the Children’s Code and the
Nation’s Indian Child Welfare Act Policy, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Amendment to the main motion by Lisa Summers that includes quarterly reporting regarding the transition
back to the Business Committee work meetings or regular meetings with the full transition plan to be
submitted for the September 9, 2017, regular Business Committee meeting and for quarterly reports to be
submitted thereafter; and to request a one (1) year review of the law itself as it relates to its full
implementation to make sure that if there are any changes that are necessary we are also undertaking
those as well, seconded by David Jordan. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Chairwoman Tina Danforth departs at 11:10 a.m. Vice-Chairwoman Melinda J. Danforth assumes
responsibility of the Chair on July 26, 2017.
Chairwoman Tina Danforth returns at 11:37 a.m. and resumes responsibility of the Chair on July 26,
2017.
Councilwoman Jennifer Webster departs at 11:37 a.m. on July 26, 2017
Councilwoman Jennifer Webster returns at 11:40 a.m. on July 26, 2017
Treasurer Trish King departs at 11:41 a.m. on July 26, 2017
Treasurer Trish King returns at 11:43 a.m. on July 26, 2017
Councilwoman Fawn Billie departs at 11:47 a.m. on July 26, 2017
Councilwoman Fawn Billie returns at 11:50 a.m. on July 26, 2017
Secretary Lisa Summers departs at 11:51 a.m. on July 26, 2017
Secretary Lisa Summers returns at 11:58 a.m. on July 26, 2017
Vice-Chairwoman Melinda J. Danforth departs at 12:00 p.m. on July 26, 2017
(July 26, 2017, regular meeting)
L. Adopt resolution entitled Cemetery Law Amendments (2:39:48)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by David Jordan to adopt resolution # 07-26-17-K Cemetery Law Amendments, seconded by
Jennifer Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Melinda J. Danforth
For the record:
Secretary Lisa Summers stated I am going to abstain at this point
because I asked for a consideration for this to be deferred out a little bit
more so that we could have proper communication and I wasn’t able to
get that amendment in. So I just wanted everybody to know that is why.
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VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair:
Brandon Stevens, Councilman
(July 26, 2017, regular meeting)
1. Accept June 21, 2017, Legislative Operating Committee meeting minutes (4:40:26)
Motion by Brandon Stevens to accept the June 21, 2017, Legislative Operating Committee meeting
minutes, Legislative Operating Committee meeting minutes, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
B. Finance Committee
Chair:
Trish King, Tribal Treasurer
(July 26, 2017, regular meeting)
1. Approve July 17, 2017, Finance Committee meeting minutes (4:42:40)
Motion by Jennifer Webster to approve the July 17, 2017, Finance Committee meeting minutes,
seconded by Fawn Billie. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Abstained:
David Jordan
Not Present:
Melinda J. Danforth
(July 26, 2017, regular meeting)
2. Approve Finance Committee E-Poll results regarding Prevea Clinics, Inc. Psychiatric
Services agreement – file # 2017-0808 (4:42:55)
Motion by Trish King to approve the Finance Committee E-Poll results regarding Prevea Clinics, Inc.
Psychiatric Services agreement – file # 2017-0808, seconded by David Jordan. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
(July 26, 2017, regular meeting)
3. Approve Finance Committee E-Poll results regarding (2) two Capital Expenditure
transfer of funds for $300,000 from Elder Services to CIP # 05-013 – Elder
Services/Apartment Improvements; and $21,000 from 3 Sisters Asphalt Replacement
to CIP # 14-013 – Early Head Start Facility (4:54:00)
Motion by Trish King to approve the Finance Committee E-Poll results regarding (2) two Capital
Expenditure transfer of funds for $300,000 from Elder Services to CIP # 05-013 – Elder
Services/Apartment Improvements; and $21,000 from 3 Sisters Asphalt Replacement to CIP # 14-013 –
Early Head Start Facility, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
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C. Quality of Life Committee
Chair:
Fawn Billie, Councilwoman
(July 26, 2017, regular meeting)
1. Accept May 11, 2017, Quality of Life meeting minutes (4:55:41)
Motion by Lisa Summers to accept the May 11, 2017, Quality of Life meeting minutes, seconded by Fawn
Billie. Motion carried unanimously:
Secretary Lisa Summers departs at 3:16 p.m. before voting occurs on July 26, 2017.
Ayes:
Not Present:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Melinda J. Danforth, Lisa Summers
VIII. APPOINTMENTS
(July 26, 2017, regular meeting)
A. Approve recommendation to appoint Jeanette Archiquette-Ninham to Pardon and
Forgiveness Screening Committee; and re-post the other three (3) vacancies (5:20:30)
Sponsor:
Cristina Danforth, Tribal Chairwoman
Motion by David Jordan to approve the recommendation to appoint Jeanette Archiquette-Ninham to
Pardon and Forgiveness Screening Committee; and re-post the other three (3) vacancies, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
(July 26, 2017, regular meeting)
B. Approve recommendation to appoint Elaine Skenandore-Cornelius to Bay Bancorporation
Board of Directors (5:20:56)
Liaison Alternate: David Jordan, Councilman
Motion by David Jordan to approve the recommendation to appoint Elaine Skenandore-Cornelius to Bay
Bancorporation Board of Directors, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
IX. TABLED BUSINESS (5:21:31)
(July 26, 2017, regular meeting)
A. Approve recommendation to appoint Robert Barton to Oneida Airport Hotel Corp. Board
of Directors
Sponsor:
Cristina Danforth, Tribal Chairwoman
Motion by David Jordan to take this item from the table, seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
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Motion by David Jordan to approve the recommendation to appoint Robert Barton to Oneida Airport Hotel
Corp. Board of Directors, seconded by Jennifer Webster. Motion carried with two abstentions:
Ayes:
Fawn Billie, David Jordan, Trish King, Jennifer Webster
Abstained:
Tehassi Hill, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers
EXCERPT FROM JULY 12, 2017: (1) Motion by Fawn Billie to approve the recommendation to
appoint Robert Barton to the Oneida Airport Hotel Corporation Board of Directors, seconded by
David Jordan. Motion not voted on; item tabled. (2) Motion by Lisa Summers to table this item,
seconded by Tehassi Hill.
EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers to
defer the remaining agenda items to the July 12, 2017, regular Business Committee meeting,
seconded by Tehassi Hill. Motion carried unanimously.
X. UNFINISHED BUSINESS (1:43:14)
Vice-Chairwoman Melinda J. Danforth departs at 10:15 a.m. on July 26, 2017
Councilwoman Fawn Billie departs at 10:16 a.m. on July 26, 2017
(July 26, 2017, regular meeting)
A. Approve four (4) actions regarding Oneida Nation Solar LLC. Operating agreement – file #
2017-0655
Requestor:
Michael Troge, Environmental Project Manager/Eco-Services Dept.
Sponsor:
Patrick Pelky, Division Director/Environmental Health & Safety
Motion by Lisa Summers to approve the Oneida Nation Solar LLC. Operating agreement – file # 20170655, contingent upon a positive review by Sovereign Finance, seconded by Jennifer Webster. Motion
carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Fawn Billie
Amendment to the main motion by David Jordan to approve Michael Troge to be the Oneida Nation
representative of Oneida Nation Solar LLC.; and to approve James Bittorf to be the Oneida Nation
Dispute Representative of Oneida Nation Solar LLC.; and to acknowledge supporting materials were
submitted by Friday, July 21, 2017, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Fawn Billie
EXCERPT FROM JUNE 28, 2017: (1) Motion by Lisa Summers to accept the Oneida Nation
Solar LLC. Operating agreement – file # 2017-0655, as information only at this point, noting the
requestors will come back and either request a special Business Committee meeting or add this
item to an upcoming regular Business Committee for completion, seconded by Jennifer Webster.
Motion carried unanimously. (2) Motion by Lisa Summers to request the Finance Department
complete the remainder of their review by Friday, July 7, 2017, so we can proceed, seconded by
David Jordan. Motion carried unanimously.
Business Committee resumes agenda at item VI.J.
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XI. NEW BUSINESS
(July 26, 2017, regular meeting)
A. Approve revised OBC SOP entitled Hiring and Negotiating Oneida Business Committee
(OBC) Political Appointments (5:26:03)
Sponsor:
Tehassi Hill, Councilman
Motion by Jennifer Webster to approve the addition of section 3.3 “The Tribal Chair’s Office is eligible for
two (2) full-time positions with the option of the Tribal Chair hiring two (2) part-time (0-20 hours a week)
employees to equal one full-time positions,” back into OBC SOP entitled Hiring and Negotiating Oneida
Business Committee (OBC) Political Appointments, seconded by Trish King. Motion carried unanimously:
Councilwoman Jennifer Webster departs at 3:42 p.m. before voting occurs on July 26, 2017.
Ayes:
Not Present:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers
Melinda J. Danforth, Fawn Billie, Jennifer Webster
Motion by David Jordan to recess at 4:45 p.m. on July 26, 2017, seconded by Fawn Billie. Motion carried
unanimously: (6:47:59)
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 2:54 p.m. on July 27, 2017
Chairwoman Tina Danforth, Secretary Lisa Summers, and Councilman David Jordan not present.
(July 27, 2017, reconvened regular meeting)
B. Schedule special Business Committee meeting for purpose of administering oaths of
office for remaining elected officials 1
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to approve scheduling a special Business Committee meeting for the purpose
of administering oaths of office for remaining elected officials on August 17, 2017, at 5:00 p.m., seconded
by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Motion by David Jordan to recess at 12:04 p.m. until 1:30 p.m. on July 26, 2017, seconded by Brandon
Stevens. Motion carried unanimously: (3:32:52)
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 1:30 p.m. on July 26, 2017.
Chairwoman Tina Danforth not present.
1
Audio inadvertently did not record during this item.
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XII. OPERATIONAL REPORTS
Chairwoman Tina Danforth arrives at 1:40 p.m. on July 26, 2017
Vice-Chairwoman Melinda J. Danforth departs at 1:49 p.m. on July 26, 2017
Councilman Tehassi Hill departs at 1:52 p.m. on July 26, 2017
Councilman Tehassi Hill returns at 1:56 p.m. on July 26, 2017
Secretary Lisa Summers departs at 1:57 p.m. on July 26, 2017
Treasurer Trish King departs at 2:05 p.m. on July 26, 2017
(July 26, 2017, regular meeting)
A. Accept Comprehensive Health Division FY ’17 3rd quarter report (3:59:22)
Sponsors:
Debra Danforth, Division Director/Comprehensive Health Operations; Dr.
Ravinder Vir, Medical Director/Medical Operations
Motion by David Jordan to accept the Comprehensive Health Division FY ’17 3rd quarter report, seconded
by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
Treasurer Trish King returns at 2:12 p.m. on July 26, 2017
Secretary Lisa Summers returns at 2:19 p.m. on July 26, 2017
(July 26, 2017, regular meeting)
B. Accept Community & Economic Development Division FY ’17 3rd quarter report (4:13:40)
Sponsor:
Troy Parr, Division Director/Community & Economic Development – Development
Branch
Motion by David Jordan to accept the Community & Economic Development Division FY ’17 3rd quarter
report, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
(July 26, 2017, regular meeting)
C. Accept Public Works Division FY ’17 3rd quarter report (4:22:38)
Sponsors:
Jacque Boyle, Interim Assistant Division Director/Public Works – Development
Branch
Motion by Jennifer Webster to accept the Public Works Division FY ’17 3rd quarter report, seconded by
Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
(July 26, 2017, regular meeting)
D. Accept Governmental Services Division FY ’17 3rd quarter report (4:28:28)
Sponsor:
George Skenandore, Division Director/Governmental Services
Motion by David Jordan to accept the Governmental Services Division FY ’17 3rd quarter report, seconded
by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
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XIII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC
Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to
https://goo.gl/uLp2jE)
(July 27, 2017, reconvened regular meeting)
A. Approve four (4) actions regarding Petitioner Edward Delgado – Trust Land Distribution
Sponsor:
Lisa Summers, Tribal Secretary (6:48:33)
Motion by Tehassi Hill to acknowledge receipt of the petition submitted by Edward Delgado regarding
Trust Land Distribution, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Motion by Tehassi Hill to send the verified petition to the Law, Finance, Legislative Reference, and Direct
Report Offices' for legal financial, legislative, and administrative analyses, seconded by Trish King.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Motion by Tehassi Hill to direct the Law, Finance, and Legislative Reference Office to submit their
analyses to the Tribal Secretary within sixty (60) days with a progress report to be submitted within fortyfive (45) days, with a reminder of the July 7, 2017, GTC directive that GTC petitions “submitted to the
Tribal Secretary’s Office shall be processed and a GTC meeting be convened with 120 calendar days of
receipt by the Tribal Secretary’s Office”, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Motion by Tehassi Hill to direct the Direct Report Offices to submit administrative analyses to Tribal
Secretary within thirty (30) days, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
EXCERPT FROM JULY 12, 2017: No formal action taken on this item.
EXCERPT FROM JUNE 28, 2017: Motion by Lisa Summers to defer the remaining agenda items
to the July 12, 2017, regular Business Committee meeting, seconded by Tehassi Hill. Motion
carried unanimously.
EXCERPT FROM JUNE 14, 2017: Meeting cancelled.
(July 27, 2017, reconvened regular meeting)
B. Approve four (4) actions regarding Petitioner Linda Dallas – 2017 Tri-Annual General
Election (6:51:25)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Brandon Stevens to acknowledge receipt of the petition submitted by Linda Dallas regarding
the 2017 Tri-Annual Election, seconded by Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Motion by Trish King to send the verified petition to the Law, Finance, Legislative Reference, and Direct
Report Offices' for legal financial, legislative, and administrative analyses, seconded by Tehassi Hill.
Motion carried unanimously:
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
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Ayes:
Not Present:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Tina Danforth, David Jordan, Lisa Summers
Motion by Tehassi Hill to direct the Law, Finance, and Legislative Reference Office to submit their
analyses to the Tribal Secretary within sixty (60) days with a progress report to be submitted within fortyfive (45) days, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Motion by Tehassi Hill to direct the Direct Report Offices to submit administrative analyses to Tribal
Secretary within thirty (30) days, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Councilman David Jordan arrives at 3:03 p.m. on July 27, 2017
Councilwoman Jennifer Webster departs at 3:31 p.m. on July 27, 2017
Councilwoman Jennifer Webster returns at 3:34 p.m. on July 27, 2017
(July 27, 2017, reconvened regular meeting)
C. Determine appropriate date and reschedule FY ’18 GTC budget meeting (6:54:00)
Sponsor:
Trish King, Tribal Treasurer
Motion by Tehassi Hill to reschedule the FY ’18 GTC budget meeting to from Sunday, September 17,
2017, to Sunday, October 8, 2017, seconded by Brandon Stevens. Motion withdrawn.
Motion by Tehassi Hill to rescind the February 8, 2017, Business Committee motion that scheduled the
FY ’18 GTC budget on Sunday, September 17, 2017, at 1:00 p.m.; and to reschedule the FY ’18 GTC
budget meeting to Sunday, October 8, 2017, at 10:00 a.m., seconded by Trish King. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
(July 27, 2017, reconvened regular meeting)
D. Approve two (2) actions regarding special GTC meeting (7:32:03)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Tehassi Hill to approve scheduling a special GTC meeting on Sunday, September 17, 2017, at
1:00 p.m. for the remaining 2017 Semi-Annual GTC agenda items, seconded by Jennifer Webster.
Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
David Jordan
Not Present:
Tina Danforth, Lisa Summers
For the record:
Councilman David Jordan stated I am scheduled vacation out of state.
Motion by Brandon Stevens to approve the mailer and notice, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
Treasurer Trish King departs at 3:43 p.m. during July 27, 2017
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Treasurer Trish King returns 3:46 p.m. during July 27, 2017
(July 27, 2017, reconvened regular meeting)
E. Accept legal opinion of Referendum Question regarding development of law which
provides for sanctions and due process for elected officials (7:35:02)
Sponsor:
Jo Anne House, Chief Counsel
Motion by Tehassi Hill to accept the legal opinion regarding development of a law which provides for
sanctions and due process for elected officials, seconded by Brandon Stevens. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
For the record:
Vice-Chairwoman Melinda J. Danforth stated that the referendum
question process is laid out in the Election Law and that there will be
next steps after this.
(July 27, 2017, reconvened regular meeting)
F. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor:
Lisa Summers, Tribal Secretary
a. Approved memorandum to cancel the June 20, 2017, special GTC meeting; and direct
the Tribal Secretary to combine agenda items to a later date with the Employment law
and Re-organization proposal (7:44:08)
Requestor: Brandon Stevens, Councilman
Motion by Brandon Stevens to enter the E-Poll results into the record for the approved memorandum to
cancel the June 20, 2017, special GTC meeting; and direct the Tribal Secretary to combine agenda items
to a later date with the Employment law and Re-organization proposal, seconded by Tehassi Hill. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
EXCERPT FROM JULY 12, 2017: Motion by Lisa Summers to enter the E-Poll results into
the record for the approved memorandum to cancel the June 20, 2017, special GTC meeting;
and to direct the Tribal Secretary to combine agenda items to a later date with the
Employment law and Re-organization proposal, seconded by Jennifer Webster. Motion not
formally voted on.
EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers
to defer the remaining agenda items to the July 12, 2017, regular Business Committee
meeting, seconded by Tehassi Hill. Motion carried unanimously.
(July 27, 2017, reconvened regular meeting)
G. Approve four (4) actions regarding Petitioner Frank Vandehei – E-Poll process (Add-on)
Sponsor:
Lisa Summers, Tribal Secretary (7:38:45)
Motion by Tehassi Hill to acknowledge receipt of the petition submitted Frank Vandehei regarding the EPoll process, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
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Motion by Tehassi Hill to send the verified petition to the Law, Finance, Legislative Reference, and Direct
Report Offices' for legal financial, legislative, and administrative analyses, seconded by Fawn Billie.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
Motion by Tehassi Hill to direct the Law, Finance, and Legislative Reference Office to submit their
analyses to the Tribal Secretary within sixty (60) days with a progress report to be submitted within fortyfive (45) days, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
Motion by Tehassi Hill to direct the Direct Report Offices to submit administrative analyses to Tribal
Secretary within thirty (30) days, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
XIV. EXECUTIVE SESSION (7:44:41)
A. REPORTS
(July 27, 2017, reconvened regular meeting)
1. Determine appropriate actions regarding Oneida Seven Generations Corporation FY
’17 3rd quarter report
Agent:
Pete King III
Liaison:
Tina Danforth, Tribal Chairwoman
Motion by Jennifer Webster to defer the Oneida Seven Generations Corporation FY ’17 3rd quarter report
to the August 9, 2017, regular Business Committee meeting, seconded by Trish King. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
(July 27, 2017, reconvened regular meeting)
2. Accept Bay Bancorporation, Inc. FY ’17 3rd quarter report
President: Jeff Bowman
Liaison:
Tina Danforth, Tribal Chairwoman
Motion by Trish King to accept the Bay Bancorporation, Inc. FY ’17 3rd quarter report, seconded by
Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
(July 27, 2017, reconvened regular meeting)
3. Accept Oneida ESC Group, LLC. FY ’17 3rd quarter report
Chair:
Jackie Zalim
Liaison:
Tehassi Hill, Councilman
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
Page 15 of 21
Public Packet
Page 24
Motion by Trish King to accept the Oneida ESC Group, LLC. FY ’17 3rd quarter report, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
(July 27, 2017, reconvened regular meeting)
4. Accept Oneida Airport Hotel Corporation FY ’17 3rd quarter report
Agent:
Janice Hirth-Skenandore
Liaison:
Trish King, Tribal Treasurer
Motion by Tehassi Hill to accept the Oneida Airport Hotel Corporation FY ’17 3rd quarter report, seconded
by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
(July 27, 2017, reconvened regular meeting)
5. Accept Oneida Golf Enterprise FY ’17 3rd quarter report
Agent:
Janice Hirth-Skenandore
Liaison:
Trish King, Tribal Treasurer
Motion by Trish King to accept the Oneida Golf Enterprise FY ’17 3rd quarter report, seconded by Tehassi
Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
(July 27, 2017, reconvened regular meeting)
6. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager
Motion by David Jordan to accept the Gaming General Manager report, seconded by Tehassi Hill. Motion
carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
(July 27, 2017, reconvened regular meeting)
7. Accept Chief Counsel report – Jo Anne House, Chief Counsel
Motion by David Jordan to accept the Chief Counsel report, seconded by Trish King. Motion carried with
one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
Motion by Jennifer Webster to direct Chief Counsel to complete the requested follow-up for the August 9,
2017, regular Business Committee meeting, seconded by David Jordan. Motion carried with one
abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
Page 16 of 21
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Page 25
(July 27, 2017, reconvened regular meeting)
8. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
Motion by Trish King to accept the Intergovernmental Affairs & Communications report, seconded by
Jennifer Webster. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
Motion by David Jordan to approve the Memorandum of Agreement – file # 2017-0673, correcting “Tribe”
to “Nation” throughout, seconded by Jennifer Webster. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
Motion by Brandon Stevens to direct the Intergovernmental Affairs & Communications Dept. to bring back
a strategy to address the notice dated June 23, 2017; and to direct the strategy be brought to the August
9, 2017, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried with one
abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
(July 27, 2017, reconvened regular meeting)
2. Oneida Golf Enterprise – Ladies Professional Golf Association
Sponsor: Trish King, Tribal Treasurer
Motion by Tehassi Hill to accept the update regarding Oneida Golf Enterprise – Ladies Professional Golf
Association, seconded by Trish King. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
C. AUDIT COMMITTEE
Chair: Tehassi Hill, Councilman
(July 27, 2017, reconvened regular meeting)
1. Accept Audit Committee FY '17 3rd quarter report
Motion by Jennifer Webster to accept the Audit Committee FY ’17 3rd quarter report, seconded by David
Jordan. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
Page 17 of 21
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Page 26
D. UNFINISHED BUSINESS
(July 27, 2017, reconvened regular meeting)
1. Accept report regarding contract # 2017-0088 and determine next steps
Sponsors: Lisa Summers, Tribal Secretary; Jennifer Webster, Councilwoman
Motion by David Jordan to defer the report regarding contract # 2017-0088 to the August 9, 2017, regular
Business Committee meeting, seconded by Brandon Stevens. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
EXCERPT FROM APRIL 26, 2017: Motion by Fawn Billie to defer the report regarding
contract # 2017-0088 for sixty (60) days, seconded by Brandon Stevens. Motion carried
unanimously.
EXCERPT FROM FEBRUARY 8, 2017: Motion by Lisa Summers to direct Liaisons
Councilwoman Jennifer Webster and Secretary Lisa Summers to work with the Law Office on
a contract item that was brought forward; and to bring back a report to the Business
Committee within sixty (60) days, seconded by Trish King. Motion carried unanimously.
(July 27, 2017, reconvened regular meeting)
2. Review final recommendation; and determine next steps regarding complaints # 2017DR08-01, # 2017-DR08-02, and # 2017-DR08-03
Sponsors: Councilmembers Brandon Stevens, David Jordan, Jennifer Webster
Motion by Tehassi Hill to accept the written report regarding complaint # 2017-DR08-02, seconded by
Jennifer Webster. Motion carried Motion carried with two abstention:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Abstained:
Fawn Billie, Trish King
Not Present:
Tina Danforth, Lisa Summers
For the record:
Vice-Chairwoman Melinda J. Danforth stated Trish is recused from this
matter.
Motion by David Jordan to go into executive session at 4:01 p.m., seconded by Fawn Billie. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
Treasurer Trish King and Councilwoman Fawn Billie depart at 4:01 p.m.
Motion by Tehassi Hill to come out of executive session at 4:05 p.m., seconded by Jennifer Webster.
Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
Motion by Jennifer Webster to approve the recommendations 1-3 regarding complaint # 2017-DR08-02
listed in the written report dated July 26, 2017, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
Motion by Tehassi Hill to assign Secretary Lisa Summers and Councilwoman Jennifer Webster to carry
out the action, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
Page 18 of 21
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Not Present:
Page 27
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
Motion by Jennifer Webster to accept the written report regarding complaint # 2017-DR08-01 and
complaint # 2017-DR08-03, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
Motion by Jennifer Webster to approve the recommendations 1-4 regarding complaint # 2017-DR08-01
and complaint # 2017-DR08-03 listed in the written report dated July 26, 2017, seconded by Tehassi Hill.
Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
Motion by Jennifer Webster to assign Vice-Chairwoman Melinda J. Danforth and Councilman David
Jordan to carry out the action, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
EXCERPT FROM JULY 12, 2017: Motion by Lisa Summers to defer this item to the July 26,
2017, regular Business Committee meeting for the team to do the additional follow-up that
was identified, seconded by Jennifer Webster. Motion carried with one abstention.
EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers
to defer this item to the July 12, 2017, regular Business Committee meeting, seconded by
Jennifer Webster. Motion carried unanimously.
(July 27, 2017, reconvened regular meeting)
3. Discussion regarding complaint # 2017-CC-05
Sponsor: David Jordan, Councilman
Motion by David Jordan to accept the discussion regarding complaint # 2017-CC-05 as information,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
EXCERPT FROM JULY 12, 2017: Motion by Lisa Summers to defer this item to the July 25,
2017, Oneida Business Committee executive session agenda for a 9:00 a.m. start time,
seconded by David Jordan. Motion carried unanimously.
(July 27, 2017, reconvened regular meeting)
4. Defer report regarding complaint # 2017-DR11-01 to August 9, 2017, regular Business
Committee meeting
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Jennifer Webster to direct Vice-Chairwoman Melinda J. Danforth to complete the follow-up on
behalf of the OBC Officers; and to direct that the report from Comprehensive Health be due at the August
9, 2017, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
EXCERPT FROM JULY 12, 2017: Motion by Jennifer Webster to defer this item to the
Oneida Business Committee Officers for follow up with the Comprehensive Health
Operations Division Director; and for a report to be brought back to the July 26, 2017, regular
Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously.
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
Page 19 of 21
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Page 28
E. NEW BUSINESS
(July 27, 2017, reconvened regular meeting)
1. Approve limited waiver of sovereign immunity – Laredo Ender User License agreement
– file # 2017-0125
Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety
Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – Laredo Ender User
License agreement – file # 2017-0125, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
(July 27, 2017, reconvened regular meeting)
2. Approve limited waiver of sovereign immunity – Baker Tilly Virchow Krause LLP.Engagement Letter – file # 2017-0483
Sponsor: Larry Barton, Chief Financial Officer
Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – Baker Tilly Virchow
Krause LLP.-Engagement Letter – file # 2017-0483, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
(July 27, 2017, reconvened regular meeting)
3. Approve procedural exception to allow Dept. of Public Works to carryover funds from
FY '17 operational equipment into FY '18
Sponsor: Trish King, Tribal Treasurer
Motion by Tehassi Hill to approve the procedural exception to allow Dept. of Public Works to carryover
funds from FY '17 operational equipment into FY '18, seconded by David Jordan. Motion carried
unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
(July 27, 2017, reconvened regular meeting)
4. Create position expectations for Direct Report – 21
Sponsor: Tehassi Hill, Councilman
Motion by Tehassi Hill to direct Jessica Wallenfang to format the expectations; and to set-up a meeting
time between the Business Committee and the Direct Report shortly after hire to review expectations,
seconded by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens
Abstained:
Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
(July 26, 2017, regular meeting)
5. Accept sign-in sheets from June 20, 2017, as information (5:47:07)
Sponsor: Cristina Danforth, Tribal Chairwoman
Motion by David Jordan to accept the sign in sheets from June 20, 2017, as information for the record,
noting 1) that the title be corrected to Informational Meeting; 2) that the signatures and names be
redacted; and 3) that there is no stipend for the June 20, 2017, informational meeting, seconded by Trish
King. Motion carried with two opposed and one abstention:
Ayes:
David Jordan, Trish King, Brandon Stevens,
Opposed:
Tehassi Hill, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
Page 20 of 21
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Abstained:
Not Present:
Page 29
Fawn Billie
Melinda J. Danforth, Lisa Summers
(July 26, 2017, regular meeting)
6. Accept sign-in sheets from June 28, 2017, as information (6:03:34)
Sponsor: Cristina Danforth, Tribal Chairwoman
Motion by Trish King to create standard operating procedures to support the Oneida Business Committee
to carry out their duties and responsibilities in accordance with the constitution, seconded by Jennifer
Webster. Motion called out of order by Chairwoman Tina Danforth.
Motion by David Jordan to defer this item to the August 9, 2017, regular Business Committee meeting;
and for the back-up to include minutes, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
XV. ADJOURN
Motion by Tehassi Hill to adjourn at 4:12 p.m. on July 27, 2017, seconded by David Jordan. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on August 9, 2017.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee Regular Meeting Minutes of July 26, 2017; Reconvened July 27, 2017
Page 21 of 21
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Page 30
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
09 / 13 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve August 9, 2017, regular meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. August 9, 2017, regular meeting minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
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Page 31
DRAFT
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, August 08, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, August 09, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
EXECUTIVE SESSION
Present: Chairwoman Tina Danforth, , Treasurer Trish King, Secretary Lisa Summers, Council members:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster;
Not Present: ;
Arrived at: Vice-Chairwoman Melinda J. Danforth at 1:30 p.m.;
Others present: Jo Anne House, Larry Barton, Pete King III, Art Harrington, Joe Nicks, Michele Doxtator;
REGULAR MEETING
Present: Chairwoman Tina Danforth, Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King,
Secretary Lisa Summers, Council members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens;
Not Present: Councilwoman Jennifer Webster;
Arrived at: ;
Others present: Jo Anne House, Brad Graham, Bill Graham, Leyne Orosco, Rhiannon Metoxen, Katrina
Mungo, Heather Heuer, Clorissa Santiago, Candace Skenandore, Chris Johnson, Don Miller, Nancy
Barton, Bonnie Pigman, Racquel Hill, Taniquelle Thurner, Cathy Bachhuber, Gina Buenrostro, Danelle
Wilson, Maureen Perkins, Larry Barton, Michelle Gordon, Jessica Wallenfang, Cathy Metoxen, Lisa
Liggins, Ed Delgado, Jen Falck, Patrick Pelky, Nic Reynolds, Geraldine Danforth, Matt Denny, Dale
Wheelock, Marianne Close, Cheryl Stevens, Tami Fleisner, Nancy Cook;
I.
CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 8:29 a.m.
For the record:
Councilwoman Jennifer Webster is out of the office on vacation time.
II.
OPENING by Councilman Tehassi Hill
III.
ADOPT THE AGENDA (00:03:32)
Motion by Lisa Summers to adopt the agenda with the following changes: [Delete item VI.C. Adopt
resolution entitled Adoption of the Governance of Boards, Committees and Commissions Amendments;
Delete item X.A.03. Approve travel request - Councilman Brandon Stevens - 40th Anniversary of
American Indian Science Engineering Society (AISES) & National conference and the Tribal Nations
Advisory Council (TNAC) meeting - Denver, CO - September 20-23, 2017; Move the resolution and
Statement of Effect from Executive Session – New Business item XIII.E.02. Adopt resolution entitled
Transfer of Language Department to Oneida Nation School System, to Open Session; and Note the
Oneida Business Committee Regular Meeting Minutes DRAFT of August 09, 2017
Page 1 of 12
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DRAFT
scheduled time for item for item IX.A. Approve 2017 General Election Final Results report, at 8:45 a.m.],
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers
Not Present:
Jennifer Webster
IV.
OATHS OF OFFICE
A.
V.
Oneida Pardon and Forgiveness Screening Committee - Jeanette Archiquette-Ninham
(Not Present)
Sponsor: Lisa Summers, Tribal Secretary
MINUTES
A.
Approve July 26, 2017, regular Business Committee meeting minutes with reconvened
session on July 27, 2017 (00:04:49)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to approve the July 26, 2017, regular Business Committee meeting minutes with
the reconvened session on July 27, 2017, seconded by Trish King. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers
Not Present:
Jennifer Webster
B.
Approve July 27, 2017, FY '17 3rd quarter reports Business Committee meeting
minutes (00:06:26)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to approve the July 27, 2017, FY '17 3rd quarter reports Business Committee
meeting minutes, regular meeting minutes, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers
Not Present:
Jennifer Webster
VI.
RESOLUTIONS
A.
Adopt resolution entitled Administrative Rulemaking Law Amendments (00:07:05)
Sponsor: Brandon Stevens, Councilman/ Legislative Operating Committee Chair
Motion by Brandon Stevens to adopt resolution # 08-09-17-A Administrative Rulemaking Law
Amendments, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers
Not Present:
Jennifer Webster
Business Committee moves to item IX.A. scheduled at 8:45 a.m.
Secretary Lisa Summers returns at 9:31 a.m.
Councilman Tehassi Hill returns at 9:33 a.m.
Oneida Business Committee Regular Meeting Minutes DRAFT of August 09, 2017
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DRAFT
B.
Adopt resolution entitled Audit Law Amendments (00:53:52)
Sponsor: Brandon Stevens, Councilman/ Legislative Operating Committee Chair
Motion by Brandon Stevens to adopt resolution # 08-09-17-B Internal Audit Law Amendments, seconded
by Tehassi Hill. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Abstained:
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
C.
Adopt resolution entitled Adoption of the Governance of Boards, Committees and
Commissions Amendments
Sponsor: Brandon Stevens, Councilman/ Legislative Operating Committee Chair
Item deleted at the adoption of the agenda.
Treasurer Trish King departs at 10:00 a.m.
Treasurer Trish King returns at 10:06 a.m.
D.
Adopt resolution entitled Child Care Department Consumer Complaint Law (1:20:30)
Sponsor: Brandon Stevens, Councilman/ Legislative Operating Committee Chair
Motion by David Jordan to adopt resolution # 08-09-17-C Child Care Department Consumer Complaint
Law, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
Councilman David Jordan departs at 10:17 a.m.
E.
Adopt resolution entitled Transfer of Language Department to Oneida Nation School
System (1:42:55) (Resolution and Statement of Effect moved from Executive Session)
Sponsor: Jo Anne House, Chief Counsel
Motion by Lisa Summers to adopt resolution # 08-09-17-D Transfer of Language Department to Oneida
Nation School System, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
Chairwoman Tina Danforth calls for a five (5) minute recess at 10:31 a.m.
Meeting called to order by Chairwoman Tina Danforth at 10:45 a.m.
Vice-Chairwoman Melinda J. Danforth, Councilwoman Fawn Billie, and Councilwoman Jennifer Webster
not present.
Oneida Business Committee Regular Meeting Minutes DRAFT of August 09, 2017
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DRAFT
VII.
STANDING COMMITTEES
A.
Legislative Operating Committee
Sponsor: Brandon Stevens, Councilman/Legislative Operating Committee Chair
1.
Accept July 19, 2017, Legislative Operating Committee meeting minutes (1:56:21)
Motion by Brandon Stevens to accept the July 19, 2017, Legislative Operating Committee meeting
minutes, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
B.
Finance Committee
Sponsor: Trish King, Tribal Treasurer/Finance Committee Chair
1.
Approve July 31, 2017, Finance Committee meeting minutes (2:06:40)
Motion by Trish King to approve the July 31, 2017, Finance Committee meeting minutes, seconded by
David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
2.
Approve Finance Committee E-Poll action of August 3, 2017 regarding approval
of a Purchase Order increase of $14,613.88 to Lamers Bus, Inc. - file # 2015-0374
(2:40:40)
Motion by David Jordan to approve the Finance Committee E-Poll action of August 3, 2017 regarding
approval of a Purchase Order increase of $14,613.88 to Lamers Bus, Inc. - file # 2015-0374, seconded by
Trish King. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Abstained:
Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
C.
Quality of Life
Sponsor: Fawn Billie, Councilwoman/Quality of Life Committee Chair
1.
Accept June 15, 2017, Quality of Life meeting minutes (2:41:18)
Motion by Trish King to accept the June 15, 2017, Quality of Life meeting minutes, seconded by David
Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
2.
Accept Quality of Life Committee - End of Term Report (2:42:05)
Motion by Tehassi Hill to accept the Quality of Life Committee - End of Term Report, seconded by Lisa
Summers. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes DRAFT of August 09, 2017
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DRAFT
VIII.
UNFINISHED BUSINESS
A.
Adopt resolution entitled Native American Business Development Institute Feasibility
(NABDI) Study (2:43:00)
Sponsor: Joanie Buckley, Division Director/Internal Services
Motion by Lisa Summers to adopt resolution # 08-09-17-E Native American Business Development
Institute Feasibility (NABDI) Study, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
IX.
NEW BUSINESS
A.
Approve 2017 General Election Final Results report (00:20:07)
Sponsor: Melinda J Danforth, Tribal Vice-Chairwoman
Motion by Melinda J. Danforth to approve the 2017 General Election Final Results report in accordance
with 102.11-13. of the Election Law, declare the official results of the 2017 General Election, seconded by
Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers
Not Present:
Jennifer Webster
Motion by Lisa Summers to send all the items identified in section 6 of the 2017 General Election Final
Report to the Legislative Operating Committee to begin the process of addressing the identified items,
seconded by Trish King. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers
Not Present:
Jennifer Webster
For the record:
Chairwoman Tina Danforth stated that I do have a formal request to the
th
Business Committee to allow me to be sworn in on August 16 at 8:30
th
due to my unavailability on August 17 .
Business Committee resumes agenda at item VI.B.
Councilman Tehassi Hill departs at 9:25 a.m.
Secretary Lisa Summers departs at 9:26 a.m.
Vice-Chairwoman Melinda J. Danforth departs at 9:26 a.m.
B.
Approve an option for disbursement of fifty (50) complimentary admission passes - 5th
Annual Indian Horse Relay - Canterbury Park, MN - August 24-26, 2017 (2:46:46)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Brandon Stevens to approve the first come, first serve option for the disbursement of fifty (50)
complimentary admission passes - 5th Annual Indian Horse Relay - Canterbury Park, MN - August 24-26,
2017, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
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X.
TRAVEL
A.
Travel Requests
1.
Approve travel request in accordance with Travel & Expense Policy - Five (5)
Oneida Nation Veterans Affairs Committee members - Indian Summer Festival –
Milwaukee, WI - September 8-10, 2017 (2:50:54)
Chair: James Martin
Liaison: Jennifer Webster, Councilwoman
Motion by Lisa Summers to approve the travel request in accordance with the Travel & Expense Policy Five (5) Oneida Nation Veterans Affairs Committee members - Indian Summer Festival – Milwaukee, WI September 8-10, 2017, seconded by Trish King. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
2.
Approve travel request - Up to three (3) OBC members - 2017 Bemidji Area
Partnership for Family Wellness conference - New Buffalo, MI - September 11-15,
2017 (2:52:56)
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Lisa Summers to approve the travel request - Up to three (3) OBC members - 2017 Bemidji
Area Partnership for Family Wellness conference - New Buffalo, MI - September 11-15, 2017, seconded
by Brandon Stevens. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
For the record:
Councilman David Jordan stated I am going to be on approved vacation
during that same time frame so I will not be present and there’s a BC
meeting that week. We discussed we would send staff members or
(inaudible). Just for clarification.
3.
Approve travel request - Councilman Brandon Stevens - 40th Anniversary of
American Indian Science Engineering Society (AISES) & National conference
and the Tribal Nations Advisory Council (TNAC) meeting - Denver, CO September 20-23, 2017
Item deleted at the adoption of the agenda.
B.
Travel Reports
1.
Accept travel report - Secretary Lisa Summers - Wisconsin Dept. of Corrections
tribal consultation - Hayward, WI - May 8-9, 2017 (2:54:48)
Motion by Brandon Stevens to accept the travel report - Secretary Lisa Summers - Wisconsin Dept. of
Corrections tribal consultation - Hayward, WI - May 8-9, 2017, seconded by Brandon Stevens. Motion
carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
2.
Accept travel report - Secretary Lisa Summers & Councilwoman Jennifer
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Webster - 31st Annual Wisconsin Indian Education Association (WIEA)
conference - Minocqua, WI - May 11-14, 2017 (2:56:29)
Motion by Brandon Stevens to accept the travel report - Secretary Lisa Summers & Councilwoman
Jennifer Webster - 31st Annual Wisconsin Indian Education Association (WIEA) conference - Minocqua,
WI - May 11-14, 2017, seconded by Trish King. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
Secretary Lisa Summers departs at 11:55 a.m.
Secretary Lisa Summers returns at 11:57 a.m.
3.
Accept travel report - Secretary Lisa Summers, Councilwoman Jennifer Webster,
& Councilman Tehassi Hill - National Congress of American Indians (NCAI) midyear conference - Uncasville, CT - June 11-15, 2017 (2:58:40)
Motion by Trish King to accept the travel report - Secretary Lisa Summers, Councilwoman Jennifer
Webster, & Councilman Tehassi Hill - National Congress of American Indians (NCAI) mid-year
conference - Uncasville, CT - June 11-15, 2017; and to defer the two (2) identified items to the
Intergovernmental Affairs & Communications Dept. for monitoring and assistance where needed,
seconded by David Jordan. Motion carried with one abstention:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers
Abstained:
Tehassi Hill
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
4.
Accept travel report - Secretary Lisa Summers & Councilwoman Fawn Billie North American Indigenous Games (NAIG) 2017 - Toronto, ON Canada - July 1423, 2017 (3:10:55)
Motion by David Jordan to accept the travel report - Secretary Lisa Summers & Councilwoman Fawn
Billie - North American Indigenous Games (NAIG) 2017 - Toronto, ON Canada - July 14-23, 2017,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
Motion by Lisa Summers to recess at 12:02 p.m. until 1:30 p.m., seconded by Tehassi Hill. Motion
carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
Meeting called to order by Chairwoman Tina Danforth at 1:30 p.m.
Vice-Chairwoman Melinda J. Danforth, Councilwoman Fawn Billie, Treasurer Trish King, and
Councilwoman Jennifer Webster not present.
XI.
OPERATIONAL REPORTS
A.
Accept Environmental Health & Safety FY '17 3rd quarter report (3:14:21)
Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety
Motion by David Jordan to accept the Environmental Health & Safety FY '17 3rd quarter report, seconded
by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Trish King, Jennifer Webster
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Treasurer Trish King arrives at 1:44 p.m.
B.
Accept Division of Land Management FY '17 3rd quarter report (3:20:35)
Sponsor: Patrick Pelky, Division Director/Division of Land Management
Motion by David Jordan to accept the Division of Land Management FY '17 3rd quarter report, seconded
by Trish King. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
Councilman David Jordan departs at 2:20 p.m.
Councilman David Jordan returns at 2:28 p.m.
C.
Accept Oneida Housing Authority FY '17 3rd quarter report (3:38:51)
Sponsor: Dale Wheelock, Executive Director/Oneida Housing Authority
Motion by Tehassi Hill to accept the Oneida Housing Authority FY '17 3rd quarter report, seconded by
Lisa Summers. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
Secretary Lisa Summers departs at 2:45 a.m.
D.
Accept Human Resources Dept. FY '17 3rd quarter report (4:20:50)
Sponsor: Geraldine Danforth, Area Manager/Human Resources
Motion by Tehassi Hill to accept the Human Resources Dept. FY '17 3rd quarter report, seconded by
David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
Chairwoman Tina Danforth calls for a five (5) minute recess at 3:20 p.m.
Meeting called to order by Chairwoman Tina Danforth at 3:25 p.m.
Vice-Chairwoman Melinda J. Danforth, Councilwoman Fawn Billie, Tribal Lisa Summers, and
Councilwoman Jennifer Webster not present.
E.
Accept Retail Enterprise FY ’17 3rd quarter report (5:00:15)
Sponsor: Michele Doxtator, Area Manager/Retail Profits
Motion by David Jordan to accept the Retail Enterprise FY ’17 3rd quarter report, seconded by Trish King.
Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
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XIII.
EXECUTIVE SESSION
A.
REPORTS
1.
Accept Oneida Seven Generations Corporation FY '17 3rd quarter report (5:02:13)
Sponsor: Cristina Danforth, Tribal Chairwoman
Motion by Trish King to accept the Oneida Seven Generations Corporation FY '17 3rd quarter report,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
2.
Accept Retail Enterprise FY ’17 3rd quarter report (5:02:29)
Sponsor: Michele Doxtator, Area Manager/Retail Profits
Motion by Brandon Stevens to accept the Retail Enterprise FY ’17 3rd quarter report, seconded by David
Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
3.
Accept Chief Counsel report (5:02:45)
Sponsor: Jo Anne House, Chief Counsel
Motion by David Jordan to accept the Chief Counsel report, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
B.
STANDING ITEMS
1.
C.
Land Claims Strategy (No Requested Action)
AUDIT COMMITTEE
Sponsor: Tehassi Hill, Councilman/Audit Committee Chair
1.
Accept June 9, 2017, Audit Committee meeting minutes (5:03:05)
Motion by David Jordan to accept the June 9, 2017, Audit Committee meeting minutes, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
2.
Accept July 13, 2017, Audit Committee meeting minutes (5:03:25)
Motion by David Jordan to accept the July 13, 2017, Audit Committee meeting minutes, seconded by
Trish King. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
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3.
Accept audit entitled SEOTS Performance Assurance and lift confidentiality
requirement (5:03:38)
Motion by David Jordan to accept the audit entitled SEOTS Performance Assurance and lift confidentiality
requirement, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
4.
Accept audit entitled Oneida Elder Services Performance Assurance and lift
confidentiality requirement (5:03:55)
Motion by David Jordan to accept the audit entitled Oneida Elder Services Performance Assurance and
lift confidentiality requirement, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
5.
Accept audit entitled Ultimate Texas Hold'em Rules of Play and lift confidentiality
requirement (5:04:13)
Motion by Brandon Stevens to accept the audit entitled Ultimate Texas Hold'em Rules of Play and lift
confidentiality requirement, seconded by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
6.
Accept audit entitled Cultural Heritage Performance Assurance and lift
confidentiality requirement (5:04:29)
Motion by Trish King to defer the audit entitled Cultural Heritage Performance Assurance to a meeting
with the Governmental Services Division Director for further discussion, seconded by Tehassi Hill. Motion
carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
D.
UNFINISHED BUSINESS
1.
Accept report regarding contract # 2017-0088; and accept recommended actions
Sponsors: Lisa Summers, Tribal Secretary; Jennifer Webster, Councilwoman (5:05:02)
Motion by David Jordan to report regarding contract # 2017-0088; and to accept the three (3)
recommended actions, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
For the record:
Chairwoman Tina Danforth stated please note for the record that (placing
item in the close-out file) is the intent of item 3.
2.
Accept strategy regarding IGAC report from July 26, 2017, Business Committee
meeting (5:06:36)
Sponsor: Nathan King, Director/Intergovernmental Affairs & Communications
Motion by Brandon Stevens to accept the update; and to direct the IGAC Director to work with the Law
Office for the identified follow-up, seconded by Trish King. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
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3.
Accept report regarding complaint # 2017-DR11-01 (5:07:32)
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
EXCERPT FROM JULY 27, 2017: (Reconvened from July 26, 2017) Motion by
Jennifer Webster to direct Vice-Chairwoman Melinda J. Danforth to complete the
follow-up on behalf of the OBC Officers; and to direct that the report from
Comprehensive Health be due at the August 9, 2017, regular Business Committee
meeting, seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM JULY 12, 2017: Motion by Jennifer Webster to defer this item to the
Oneida Business Committee Officers for follow up with the Comprehensive Health
Operations Division Director; and for a report to be brought back to the July 26, 2017,
regular Business Committee meeting, seconded by Fawn Billie. Motion carried
unanimously.
Motion by David Jordan to assign OBC members Brandon Stevens and Jennifer Webster for follow-up;
and for this item to brought to the September 13, 2017, regular Business Committee meeting, seconded
by Trish King. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
4.
Accept sign-in sheets from June 28, 2017, as information
Sponsor: Cristina Danforth, Tribal Chairwoman (5:08:43)
EXCERPT FROM JULY 26, 2017: (1) Motion by Trish King to create standard
operating procedures to support the Oneida Business Committee to carry out their
duties and responsibilities in accordance with the constitution, seconded by Jennifer
Webster. Motion called out of order by Chairwoman Tina Danforth. (2) Motion by
David Jordan to defer this item to the August 9, 2017, regular Business Committee
meeting; and for the back-up to include minutes, seconded by Brandon Stevens.
Motion carried unanimously.
Motion by Brandon Stevens to accept the sign-in sheets as information; and to retitle to Community
Informational Meeting Minutes, seconded by David Jordan. Motion carried with one abstention:
Ayes:
David Jordan, Trish King, Brandon Stevens
Abstained:
Tehassi Hill
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
E.
NEW BUSINESS
1.
Approve letter of agreement - Attorney's Process & Investigation Services, Inc. file # 2017-0892 (5:10:50)
Sponsor: David Jordan, Councilman
Motion by David Jordan to approve the letter of agreement - Attorney's Process & Investigation Services,
Inc. - file # 2017-0892, dated August 8, 2017, seconded by Tehassi Hill. Motion carried with one
opposed:
Ayes:
Tehassi Hill, David Jordan, Trish King
Opposed:
Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
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2.
Adopt resolution entitled Transfer of Language Department to Oneida Nation
School System
Sponsor: Jo Anne House, Chief Counsel
Item moved to Open Session at the adoption of the agenda (Resolution and Statement of Effect only).
3.
Review concern # 2017-CC-11 and determine next steps (5:14:04)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Tehassi Hill to forward the message to the Oneida Police Dept. for their review and
consideration for further actions, seconded by Trish King. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
XIV.
ADJOURN
Motion by David Jordan to adjourn at 3:37 p.m., seconded by Trish King. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Fawn Billie, Lisa Summers, Jennifer Webster
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented/corrected on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee Regular Meeting Minutes DRAFT of August 09, 2017
Page 12 of 12
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
09 / 13 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve August 17, 2017, special meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. August 17, 2017, special meeting minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Public Packet
Page 44
DRAFT
Oneida Business Committee
Special Meeting
5:00 p.m. Thursday, August 17, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
SPECIAL MEETING
Present: Chairman Tehassi Hill, Treasurer Trish King, Secretary Lisa Summers, Council members:
Daniel Guzman King, David Jordan, Kirby Metoxen, Ernest Stevens III;
Not Present: Vice-Chairman Brandon Stevens and Councilwoman Jennifer Webster;
Arrived at: ;
Others present: Jennifer Falck, Jo Anne House, Nic Reynolds, Geraldine Danforth, Tsyoslake House,
Wesley Martin, Jr., Rae Skenandore, Julie Barton, Jennifer L. Hill, Dellora Cornelius, Cristina Danforth,
Geno Danforth, Elaine Skenandore-Cornelius, Barbara Webster, Mark A. Powless, Sheila Shawanokasic,
Tina Skenandore, Pat Lassila, Chrissy Liggins, Rhiannon Metoxen, Melinda J. Danforth, Larry Barton,
Heather Heuer, Leyne Orosco, Kathy Metoxen, Cathy Bachhuber, Debbie Melchert, Zachary Schrap,
Elijah Metoxen, Sharon House, Susan White;
I.
CALL TO ORDER AND ROLL CALL by Chairman Tehassi Hill at 5:00 p.m.
For the record: Vice-Chairman Brandon Stevens and Councilwoman Jennifer Webster are attending
the Wisconsin Indian Education Association Act 31 event at the Menominee Casino
Convention Center in Keshena, WI.
II.
OPENING by Chairman Tehassi Hill at 5:00 p.m.
III.
ADOPT THE AGENDA (00:03:37)
Motion by Lisa Summers to adopt the agenda with the following change: [Add New Business item
V.C. Approve four (4) actions regarding Petitioner Brad Graham - 2017 General Election], seconded
by Daniel Guzman King. Motion carried unanimously:
Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernest Stevens III,
Lisa Summers
Not Present: Brandon Stevens, Jennifer Webster
IV.
OATHS OF OFFICE (00:04:33) & (00:19:53)
A.
GTC Legal Advocates - Tsyoslake House, Wesley Martin, Jr.
Land Commission - Rae Skenandore, Julie Barton, Jennifer L. Hill
Oneida Commission on Aging - Dellora Cornelius, Cristina Danforth, Geno Danforth
Trust Enrollment Committee - Elaine Skenandore-Cornelius, Barbara Webster
Oneida Land Claims Commission - Sheila Shawanokasic
Oneida Election Board - Tina Skenandore, Pat Lassila, Chrissy Liggins
Oneida School Board - Rhiannon Metoxen, Melinda J. Danforth
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For the record: Secretary Lisa Summers stated Cristina (Danforth) was taking her oath of office
for two boards and it was for the Commission on Aging and the Gaming Commission.
V.
NEW BUSINESS
A.
Add Oaths of Office for remaining officials to the August 30, 2017, special OBC
meeting agenda
Sponsor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to defer this item to the end of the agenda, seconded by Kirby Metoxen.
Motion carried unanimously: (00:10:43)
Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernest Stevens III,
Lisa Summers
Not Present: Brandon Stevens, Jennifer Webster
Motion by Lisa Summers to delete this item from the agenda, noting it is no longer needed,
seconded by Trish King. Motion carried unanimously: (00:24:13)
Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernest Stevens III,
Lisa Summers
Not Present: Brandon Stevens, Jennifer Webster
B.
Approve FranklinCovey Client Sales Inc. - All Access Pass License Agreement - file
# 2017-0625 (00:12:00)
Sponsor: Geraldine Danforth, Area Manager/Human Resources
Motion by David P. Jordan to approve the limited waiver of sovereign immunity - FranklinCovey
Client Sales Inc. - All Access Pass License Agreement - file # 2017-0625, seconded by Ernest
Stevens III. Motion carried unanimously:
Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernest Stevens III,
Lisa Summers
Not Present: Brandon Stevens, Jennifer Webster
C.
Approve four (4) actions regarding Petitioner Brad Graham - 2017 General Election
(Add-on item) (00:22:18)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Kirby Metoxen to acknowledge receipt of the petition submitted by Brad Graham
regarding the 2017 Tri-Annual General Election; to send the verified petition to the Law, Finance,
Legislative Reference, and Direct Report Offices for legal, financial, legislative, and administrative
analyses; to direct the Law, Finance, and Legislative Reference Offices to submit their analyses to
the Tribal Secretary within sixty (60) days with a progress report to be submitted within forty-five (45)
days; and to direct the Direct Report Offices to submit administrative analyses to Tribal Secretary
within thirty (30) days, seconded by Lisa Summers. Motion carried unanimously:
Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernest Stevens III,
Lisa Summers
Not Present: Brandon Stevens, Jennifer Webster
Oneida Business Committee Special Meeting Minutes DRAFT of August 17, 2017
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DRAFT
VII.
ADJOURN
Motion by David P. Jordan to adjourn at 5:25 p.m., seconded by Lisa Summers. Motion carried
unanimously:
Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernest Stevens III,
Lisa Summers
Not Present: Brandon Stevens, Jennifer Webster
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on
.
____________________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee Special Meeting Minutes DRAFT of August 17, 2017
Page 3 of 3
Public Packet
Page 47
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
09 / 13 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve August 30, 2017, special meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. August 30, 2017, special meeting minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Public Packet
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DRAFT
Oneida Business Committee
Special Meeting
10:00 a.m. Wednesday, August 30, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes - DRAFT
SPECIAL MEETING
Present: Chairman Tehassi Hill, Treasurer Trish King, Secretary Lisa Summers, Council members:
Daniel Guzman King, David Jordan, Kirby Metoxen, Ernest Stevens III, Jennifer Webster;
Not Present: Vice-Chairman Brandon Stevens;
Arrived at: ;
Others present: Jo Anne House, Bonnie Pigman, Lisa Liggins, Cathy Bachhuber, RaLinda NinhamLamberies, Larry Barton, Rosa Laster, Danelle Wilson, Jessica Wallenfang, Brian Doxtator, Michele
Doxtator, Rhiannon Metoxen, Heather Heuer, Susan White;
I.
CALL TO ORDER AND ROLL CALL by Chairman Tehassi Hill at 10:02 a.m.
For the record:
Vice-Chairman Brandon Stevens is out of the office on vacation time.
II.
OPENING by Councilman Daniel Guzman King
III.
ADOPT THE AGENDA (00:01:15)
Motion by Lisa Summers to adopt the agenda with the following changes: [Correct “Jennifer Hill-Kelly” to
“Jennifer Hill-Kelley” in item IV.A.03; Delete Resolution item IV.A.11. entitled Appointing Representative
to the Tribal Technical Advisory Group to the Centers for Medicare & Medicaid Services; Add-on Travel
Request – Vice-Chairman Brandon Stevens – National Indian Gaming Association (NIGA) Mid-Year
conference and expo – Phoenix, AZ – September 18-21, 2017; and Add-on Travel Request to item
V.A.01. – Councilman Kirby Metoxen – Native American Tourism of Wisconsin (NATOW) conference –
Milwaukee, WI – September 5-6, 2017], seconded by David Jordan. Motion carried unanimously:
Ayes:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
IV. RESOLUTIONS
A. Adopt resolutions for the 2017-2020 OBC Liaison Appointments for Organization Entities
Sponsor: Lisa Summers, Tribal Secretary
1. Adopt resolution entitled Appointment of Liaison Responsibilities for Organization
Entities (00:03:15)
Motion by Lisa Summers to adopt resolution # 08-30-17-A Appointment of Liaison Responsibilities for
Organization Entities, with the following changes: [Remove Secretary Lisa Summers from the Health care
area noting there are already three Business Committee members that are in that area; Correct title of
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“Trust/Enrollment Committee” to “Trust Enrollment Committee”; Debra J. Danforth to the TTAG group;
and to include any other changes to names and titles provided in the handout], seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
2. Adopt resolution entitled Appointing Representative to the Great Lakes Inter-Tribal
Council (00:06:05)
Motion by Lisa Summers to adopt resolution # 08-30-17-B Appointing Representative to the Great Lakes
Inter-Tribal Council, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
3. Adopt resolution entitled Appointment of Brandon Yellowbird-Stevens, Vice-Chairman,
on behalf of the Oneida Nation to the Haskell Indian Nations University National Board
of Regents and identify Ernest Stevens III, Councilmember, and Jennifer Hill Kelley,
Area Manager of Education and Training, as Alternates (00:06:34)
Motion by Jennifer Webster to adopt resolution # 08-30-17-C Appointment of Brandon YellowbirdStevens, Vice-Chairman, on behalf of the Oneida Nation to the Haskell Indian Nations University National
Board of Regents and identify Ernest Stevens III, Councilmember, and Jennifer Hill Kelley, Area Manager
of Education and Training, as Alternates, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
4. Adopt resolution entitled Appointing Representative to Midwest Alliance of Sovereign
Tribes (00:07:14)
Motion by David Jordan to adopt resolution # 08-30-17-D Appointing Representative to Midwest Alliance
of Sovereign Tribes, seconded by Ernest Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
5. Adopt resolution entitled Appointing Delegates to the National Congress of American
Indians (00:07:42)
Motion by Kirby Metoxen to adopt resolution # 08-30-17-E Appointing Delegates to the National Congress
of American Indians, seconded by David Jordan. Motion carried unanimously:
Ayes:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
For the record:
Chairman Tehassi Hill stated the corrected resolution was the handout
material.
6. Adopt resolution entitled Appointing Representatives to the National Indian Gaming
Association (00:08:44)
Motion by David Jordan to adopt resolution # 08-30-17-F Appointing Representatives to the National
Indian Gaming Association, seconded by Jennifer Webster. Motion carried unanimously:
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Ayes:
Not Present:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Brandon Stevens
7. Adopt resolution entitled Appointing Representative for Membership in the Native
American Finance Officers Association (00:09:10)
Motion by Lisa Summers to adopt resolution # 08-30-17-G Appointing Representative for Membership in
the Native American Finance Officers Association, seconded by Kirby Metoxen. Motion carried
unanimously:
Ayes:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
8. Adopt resolution entitled Appointing Representative to Natural Resource Damage
Assessment Trustee Council (00:09:32)
Motion by Lisa Summers to adopt resolution # 08-30-17-H Appointing Representative to Natural
Resource Damage Assessment Trustee Council, seconded by Kirby Metoxen. Motion carried
unanimously:
Ayes:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
9. Adopt resolution entitled Appointing Representatives for the Environmental Protection
Agency Regional Tribal Operations Committee (00:10:04)
Motion by Kirby Metoxen to adopt resolution # 08-30-17-I Appointing Representatives for the
Environmental Protection Agency Regional Tribal Operations Committee, seconded by David Jordan.
Motion carried unanimously:
Ayes:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
10. Adopt resolution entitled Appointing Representative on the Wisconsin Department of
Corrections Religious Practices Advisory Committee (00:10:27)
Motion by Lisa Summers to delete this item from the agenda, seconded by David Jordan. Motion carried
unanimously:
Ayes:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
11. Adopt resolution entitled Appointing Representative to the Tribal Technical Advisory
Group to the Centers for Medicare & Medicaid Services
Item deleted at adoption of agenda.
12. Adopt resolution entitled Appointing Representative to the State of Wisconsin Special
Committee on State-Tribal Relations (00:11:49)
Motion by David Jordan to adopt resolution # 08-30-17-J Appointing Representative to the State of
Wisconsin Special Committee on State-Tribal Relations, seconded by Jennifer Webster. Motion carried
unanimously:
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Ayes:
Not Present:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Brandon Stevens
V. TRAVEL
A. TRAVEL REQUESTS
1. Approve travel request - various Oneida Business Committee members - Great Lakes
Inter-tribal Council (GLITC); Tribute to Survival Exhibit; and Indian Summer Milwaukee, WI - September 6-10, 2017; with the add-on travel request - Councilman
Kirby Metoxen – Native American Tourism of Wisconsin (NATOW) conference –
Milwaukee, WI – September 5-6, 2017 (00:12:16)
Motion by Lisa Summers approve the to travel request - various Oneida Business Committee members Great Lakes Inter-tribal Council (GLITC); Tribute to Survival Exhibit; and Indian Summer - Milwaukee, WI
- September 6-10, 2017; including the add-on travel request - Councilman Kirby Metoxen - Native
American Tourism of Wisconsin (NATOW) conference - Milwaukee, WI - September 5-6, 2017, seconded
by David Jordan. Motion carried unanimously:
Ayes:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
For the record:
Secretary Lisa Summers stated the dates actually for these four events
th
th
start on September 5 run through September 10 , including the notation
that we are adding the Native Tourism of Wisconsin event on this item.
2. Approve travel request - Oneida Business Committee - National Congress of American
Indians (NCAI) 74th Annual Convention & Marketplace - Milwaukee, WI - October 16-20,
2017 (00:13:31)
Motion by David Jordan to approve the travel request - Oneida Business Committee - National Congress
of American Indians (NCAI) 74th Annual Convention & Marketplace - Milwaukee, WI - October 16-20,
2017, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
3. Approve travel request - Vice-Chairman Brandon Stevens - National Indian Gaming
Association (NIGA) Mid-Year conference and expo - Phoenix, AZ - September 18-21,
2017 (Add-on item) (00:14:14)
Motion by Lisa Summers to approve the travel request - Vice-Chairman Brandon Stevens; with the
addition of Councilman Kirby Metoxen - National Indian Gaming Association (NIGA) Mid-Year conference
and expo - Phoenix, AZ - September 18-21, 2017, seconded by Jennifer Webster. Motion carried with
two abstentions:
Ayes:
David Jordan, Daniel Guzman King, Trish King, Lisa Summers, Jennifer
Webster
Abstained:
Kirby Metoxen, Ernest Stevens III
Not Present:
Brandon Stevens
For the record:
Councilman Ernest Stevens III stated I would like to ask the committee to
allow me to retroactively change my vote to abstention, and I wanted to
add for the record that we state that the purpose of that is to just avoid a
potential conflict of interest and knowing that the individual named in that
approval is a family member and I that I’ll do my best to be diligent in
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abstaining from those requests in the future and I’ll ask the committee to
consider that and retroactively change that to abstention. (00:52:07)
VI. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC
Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to
https://goo.gl/uLp2jE)
A. Approve three (3) actions regarding October 8, 2017, GTC meeting agenda and materials
Sponsor: Lisa Summers, Tribal Secretary (00:15:20)
Motion by Lisa Summers to adopt the packet with the following changes: [Include the updated resolution,
Statement of Effect, and corrected headers as presented in the handouts; and include the revised Budget
Process Change Initiative diagram], seconded by Jennifer Webster. Motion carried with one opposed:
Ayes:
David Jordan, Trish King, Kirby Metoxen, Ernest Stevens III, Lisa
Summers, Jennifer Webster
Opposed:
Daniel Guzman King
Not Present:
Brandon Stevens
Motion by Lisa Summers for the Strategic Workforce Planning topic be sent to the September Business
Committee work meeting, and to include the following elements: [Report from the Human Resources
Dept. regarding current levels, full, partial, temporary employees, and full time equivalents; and to include
the development of a resolution that considers placing a hold on expanding the employment base until
the workforce levels have been assessed and the Strategic Workforce Plan is completed], seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
B. Approve request to schedule a Sustain Oneida Initiative presentation to an upcoming GTC
meeting date (00:52:22)
Sponsor: Kirby Metoxen, Councilman
Motion by Kirby Metoxen to defer this item to the Secretary’s Office to come back with options, seconded
by Jennifer Webster. Motion carried unanimously:
Ayes:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
VII. ADJOURN
Motion by David Jordan to adjourn at 11:06 a.m., seconded by Lisa Summers. Motion carried
unanimously:
Ayes:
Daniel Guzman King, David Jordan, Trish King, Kirby Metoxen, Ernest
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Brandon Stevens
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on
.
____________________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee Special Meeting Minutes DRAFT of August 30, 2017
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
09 / 13 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Standing Committees
Accept as Information only
Action - please describe:
BC approval of Oneida Nation Budget Contingency Plan as submitted by the Finance Committee
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Budget Contingency Plan
3. Resolution to the plan
2. SOE to the plan
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Trish King, Tribal Treasurer
Primary Requestor:
Denise Vigue, Executive Assistant /Finance Administration
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Oneida Business Committee approval is required to approve all Finance Committee meetings /actions as the FC
is a standing committee of the OBC.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
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Oneida Tribe of Indians of Wisconsin 1
Budget Contingency Plan
The purpose of the Budget Contingency Plan is to establish a guideline
and general approach to respond to financial distress and conditions that could negatively
impact the Oneida Nation’s fiscal health. The primary goals established in this plan will be the
foundation and basis for budgetary decision‐making. This plan includes a systematic response
to financial distress, as opposed to reactionary decision‐making that could have a long‐term
negative impact to the Nation.
PRIMARY GOALS
The primary goals of the Nation’s Budget Contingency Plan are as follows:
To protect the integrity and sovereignty of the Nation
Preserve the Nation’s solvency
Maintain a balanced budget
Preserve the Nation’s core services, according to the Budget Management Control Act
121.5‐3 (a)
To ensure there is reliable communication
The Nation will strive to continue providing a balance of services within its financial ability. The
plan will include the continued ability to achieve the Nation’s mission to strengthen and protect
our people, reclaim our land and enhance the environment by exercising our sovereignty. This
will be achieved through fiscal responsibility, attentive planning, and continuous improvement.
IDENTIFED TRIGGERS
The execution of the plan will be anticipated by the identified triggers that influence financial
distress circumstances. These circumstances are defined in the Budget Management and
Control Act 121.4‐3 (c): Natural disasters, human‐made disasters, United States government
shutdown, Tribal shut down, and economic downturns.
Natural Disasters
o Tornadoes
o Blizzards
o Extreme weather conditions
o Ice
o Any environmental event having an impact on revenue generators
Human‐made Disasters
o Computers
o Software breaches
o Hostage
o Electricity
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Oneida Tribe of Indians of Wisconsin 2
Budget Contingency Plan
o Pandemic
o Water supply becomes contaminated through man made or the land fill fails
External government influences or changes in policy shift, for example taxation of
Gaming
o United States Government Shutdown
o Grants – Tribal contribution is impacted
o Discretionary spending
o Repeal of Affordable Care Act, change in federal policy
Tribal Shutdown
o BC/GTC mandates
Economic Downturns
o Gross domestic product declines 3 consecutive quarters
o Regional downturn
o Sectors impacting gross domestic product
KEY FUNDAMENTALS
1. Utilize Permanent Executive Contingency Fund
Objective: To assess the type of fiscal challenge. The type of challenge (temporary or
permanent) will determine the strategy used based on the CFO’s professional
assessment
a. The type of financial distress will determine the level of utilization of the
Permanent Executive Contingency Fund. The following purposes, and only to the
extent that alternative funding sources are unavailable are:
i. Payments to notes payable to debt service, both principal and interest,
and applicable service fees;
ii. (2) Employee payroll, including all applicable taxes;
iii. (3) Payments to vendors for gaming and retail;
iv. (4) Payments to vendors for governmental operations;
v. (5) Payments to any other debt; and
vi. (6) To sustain any of the Nation’s other operations during
implementation of the budget contingency plan.
2. Identify Budget Balancing Options
a. In the long‐term, there are typically two basic budget balancing options:
i. Identify alternative funding resources
ii. Reduce expenditures
b. In the short‐term, use of the Executive Permanent Contingency Fund is an
option, but is not a long‐term solution
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Oneida Tribe of Indians of Wisconsin 3
Budget Contingency Plan
3. Strategy – An agreement of the reviewed processes will be established between the
Tribal Operations and the CFO’s office. Tribal Operations are responsible for identifying
expenditure reduction options that are:
i. Realistic and ongoing
ii. Reflect the least service impacts
iii. Maintain essential needs
4. Preparing Operating Expenditure Reduction Measures
a. Reduction measures will be based on priorities. The priorities have been
identified as:
i. Safety
ii. Health
iii. Regulatory
5. Capital Improvement (CI) Plan Projects & Capital Expenditures (Cap Ex)
a. CI projects needed to maintain existing infrastructure will have a higher priority
b. Cap Ex identified as priority
c. IT & Technology projects identified as priority
6. Provide Ongoing Monitoring of the Nation’s Fiscal Health
a. In effort to keep the lines of communication open for the employees and
community, the Finance Office will provide ongoing reporting and monitoring on
a quarterly basis or more frequently if the need arises
7. Employee Connection
a. Communication efforts shall be made with the employees and community
b. This approach is being used as Oneida Nation believes in treating employees
with respect which means keeping the employees abreast about the Nation’s
plans that could potentially affect them
APPROVAL AND IMPLEMENTATION
The Oneida Business Committees approved this plan for implementation on [insert date]. The
CFO’s office will closely monitor this plan to ensure the Nation is achieving its goals. The Oneida
Business Committee, with the advice from the CFO’s office is responsible for preparing the
recommended action plan whereas the O.B.C. shall create necessary action by formal
resolution and each separate level of decline shall require a new resolution.
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Oneida Tribe of Indians of Wisconsin 4
Budget Contingency Plan
BUDGET REDUCTIONS COMMUNICATION PROCESS
Trigger is identified by Finance
Department
│
OBC & Finance department meet to
determine the plan and to create
the message.
OBC create necessary action by
formal resolution: Each separate
level of decline requires a new
resolution
Tribal Treasurer communicates
necessary action to Tribal Operations by
memorandum as to what level to
implement reduction measures.
Tribal Chair communicates public
announcement to employees &
community as deemed necessary.
Level of Decline
Definition of Reductions (all actions are with
the advisement of the CFO’s office)
Tier I
1% ‐ Delaying expenses, deferment
Tier II
2% ‐ Cost containments
Tier III
3 % ‐ Tribal Operations identify and preserve
specific core services
Tier IV
4% ‐ Tribal Operations & OBC identify and preserve
specific core services
Tier V
5% ‐ The OBC identify mandatory cuts
across the Nation
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Deadlines
Page 95
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
Instructions
9/13/2017
2. General Information:
Session: ☒ Open
☐ Executive (See instructions for the applicable laws and choose one from menu below.)
Choose an item.
Agenda Section: Resolutions
3. Supporting Materials:
☐ Report
☒ Resolution
☐ Contract #
☒ Other (Describe):
Memo, Statement of Effect, Legislative Analysis, Law (Redline), Law (Clean,
Fiscal Impact
☐ Business Committee signature required
☐ Minutes
(Requestor is responsible for follow-up after approval by sending
final document(s) to BC_SignOff_Requests@oneidanation.org)
4. Budget Information:
☐ Budgeted - Tribal Contribution
5.
☐ Budgeted - Grant Funded
Submission: (Name, Title/Dept.)
Authorized Sponsor/Liaison:
David Jordan, Councilman
Primary Requestor:
Jennifer Falck, LRO Director
Additional Requestor:
(N/A)
Additional Requestor:
(N/A)
Request Form Submitted By:
Jennifer Falck, LRO Director
Page 1 of 2
☐ Unbudgeted
☐ Not Applicable
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6. Cover Memo:
Describe the purpose, background, history:
Please see attached memo.
Requested Action of the Business Committee: (To approve.., To accept.., To adopt resolution entitled.., etc.)
Adopt resolution entitled Legal Resource Center.
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Page 98
BC Resolution # ________________
Legal Resource Center
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, on November 14, 2016, the Oneida General Tribal Council directed the Oneida
Business Committee to establish a legal office consisting of advocates and an
advising attorney to represent Tribal members and employees in any type of
litigation at the Oneida Judiciary and to advise the Oneida General Tribal Council
during duly called General Tribal Council meetings; and
WHEREAS, the Oneida General Tribal Council required the advising attorney and advocates
be elected at the 2017 General Election; and
WHEREAS, the 2017 General Election was held on July 8, 2017; and
WHEREAS, on May 24, 2017, the Oneida Business Committee enacted emergency legislation
pursuant to BC Resolution 05-24-17-A which established the Legal Resource
Center; and
WHEREAS, the proposed law would permanently create the Legal Resource Center; and
WHEREAS, a public meeting was held on July 20, 2017, in accordance with the Legislative
Procedures Act and no comments were received.
NOW THEREFORE BE IT RESOLVED, that the Legal Resource Center law is hereby
adopted.
BE IT FURTHER RESOLVED, that the Oneida Business Committee hereby implements the
following Transition Plan:
(1) Elections. The elections for the Legal Resource Center were held during the 2017
general election. The election process followed the Nation’s Election law and during
the first Legal Resource Center election, the Advocates’ terms shall be as follows:
a. The candidate for Advocate with the highest number of votes shall be elected
to a term of four (4) years.
b. The candidate for Advocate with the next highest number of votes shall be
elected to a term of three (3) years.
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BC Resolution _____________
Legal Resource Center Permanent Adoption
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c. In the event of any tie vote, the provisions of the Nation’s Election law for
resolving a tie vote shall determine the outcome.
(2) Legal Resource Center Opening. The Legal Resource Center shall be open to Tribal
members and employees beginning on February 1, 2018.
BE IT FINALLY RESOLVED, that the Oneida Business Committee is authorized to make
such modifications and additions to the above Transition Plan as it deems necessary to
implement the Legal Resource Center in accordance with the proposed timelines, and shall
subsequently file a report at the annual or semi-annual meeting of the Oneida General Tribal
Council that occurs after the modifications or additions are made.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Legal Resource Center
Summary
This Resolution adopts the Legal Resource Center (Law) that permanently establishes the Legal
Resource Center.
Submitted by: Robert J. Collins II, Staff Attorney, Oneida Law Office.
Analysis by the Legislative Reference Office
This Resolution permanently establishes the Legal Resource Center. On November 14, 2016, the
Oneida General Tribal Council (GTC) directed the Oneida Business Committee to establish a
department that will provide legal advice and representation to Tribal members and employees in
cases brought forth in the Judiciary and to represent GTC at GTC meetings. GTC directed the
legal office to consist of advocates and an advising attorney and that these individuals be elected
at the 2017 General Election, which took place on July 8, 2017.
On May 24, 2017, the Oneida Business Committee enacted emergency legislation pursuant to
BC Resolution 05-24-17-A which established the Legal Resource Center. Emergency legislation
was necessary to meet GTC’s deadline of the 2017 General Election.
On July 20, 2017, the Legislative Operating Committee held a public meeting pursuant to the
Legislative Procedures Act. No comments were received at the public meeting or during the
public meeting comment period which closed on July 27, 2017. In accordance with the
Legislative Procedures Act, this Law will become effective ten (10) business days after the date
of adoption of the Resolution.
The Resolution adopts the Law on a permanent basis and includes a Transition Plan.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
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Analysis for OBC Consideration (Draft 6)
2017 09 13
Legal Resource Center
Legislative Analysis
SECTION 1. BACKGROUND
REQUESTER:
GTC Directive
Intent of Law
Purpose
Affected Entities
Affected
Legislation
Enforcement/Due
Process
Public Meeting
SPONSOR:
DRAFTER:
ANALYST:
Daniel Guzman King
Robert J. Collins
Maureen Perkins
To govern the Legal Resource Center (LRC) including the establishment of the
center, restrictions, prohibitions, filling vacancies, establishing qualifications of
advocates and attorneys, election and duties of attorneys and advocates, and detail
the discipline and removal process.
The purpose of this law is to establish a Legal Resource Center to provide legal
advice and representation to both Tribal members and employees in cases before
the Judiciary and to represent the Oneida General Tribal Council at General Tribal
Council meetings [see 811.1-1].
Judiciary, Employees of the Nation, Tribal members, attorneys, advocates, Oneida
General Tribal Council (GTC), Oneida Business Committee (OBC)
Removal Law, Professional Conduct for Attorneys and Advocates (in
development), Judiciary Rules of Admission
Attorneys and advocates are subject to disciplinary actions pursuant to the
Professional Conduct for Attorneys and Advocates law and any other laws that
govern discipline and/or removal of elected positions [see 811.7-1].
Attorneys and advocates are subject to the Removal Law if they have their
admission to practice before the Judiciary revoked or no longer qualifies for the
position [see 811.7-2].
This draft is presented for permanent adoption. A public meeting was held July
20, 2017. There were no comments received.
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SECTION 2. LEGISLATIVE DEVELOPMENT
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SECTION 3. CONSULTATION
A. The proposed legislation was developed in response to a directive from the GTC. This draft is
presented for permanent adoption. The law was adopted as emergency legislation on May 24, 2017
because there was not enough time to follow the regular legislative process to have the legislation in
place by the July 8, 2017 General Election.
B. An alternative to this legislation was considered. Early on, there was discussion about setting the
office up as a Tribal corporate entity similar to a legal aid entity; however, based on the motion and
the timelines it was decided that the office would be created via legislation similar to that of the
Judiciary.
C. The benefits to this legislation include the development of the framework as a governing document to
implement the Legal Resource Center to fulfill the GTC directive to elect advocates and an attorney
to represent Tribal members and employees before the Judiciary and to represent the GTC at GTC
meetings.
A. The Oneida Business Committee and the Oneida Judiciary were consulted about the contents of the
legislation.
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Analysis for OBC Consideration (Draft 6)
2017 09 13
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B. The laws and rules pertaining to the Judiciary were consulted in the drafting of this legislation.
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SECTION 4. PROCESS
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SECTION 5. CONTENTS OF THE LEGISLATION
A. This law has been adopted as emergency legislation in order to have a governing document in place
when the Legal Resource Center advocates are elected at the general election on July 8, 2017. This is
the correct legislative process in light of the fact that there isn’t time to have this law in place by the
election through the regular legislative process. The current draft is presented for permanent adoption.
B. This creation of the Legal Resource Center was directed by the GTC on 11/14/2016 and this law was
added to the Active Files List as an emergency on 4/5/17. The law was adopted on an emergency
basis on 5/24/17. The current draft is presented for permanent adoption.
A. This legislation establishes general provisions related to the Legal Resource Center [see 811.4].
Established the Legal Resource Center which will provide legal advice and representation to
Tribal members and employees in cases brought before the Judiciary and to represent the GTC at
GTC meetings [see 811.4-1].
Restrictions are provided which limit the actions of the Legal Resource Center [see 811.4-2].
o The Legal Resource Center will not:
accept a case that is frivolous
accept a case that causes a conflict of interest
appear in any case before the Judiciary before the client has applied for services
charge a fee for representation
filing fees related to the Judiciary are separate from this law and will be
the responsibility of the client; as well as any other costs related to the
case [see 811.4-2(d)]
The attorney or advocates elected by the GTC are prohibited from being elected or appointed to
serve on any of the Nation’s boards, committees or commissions or be otherwise employed,
elected or appointed by the Nation [see 811.4-3].
Vacancies of the attorney or advocate positions may be appointed by the OBC until the next
general election at which time the successor will be elected to a four (4) year term or may be
placed on a special election [see 811.4-4].
If there is no attorney in office (there are no candidates on the July 8, 2017 general election ballot
for the attorney position), then the advocates shall assume duties related to the administration of
the Legal Resource Center [see 811.4-5] until an attorney is elected by general or special election
or appointed by the OBC.
B. The attorney is detailed in section 811.5 including:
Qualifications [see 811.5-1]:
o There shall be at least one full-time elected attorney with qualifications detailed in this
section.
enrolled member of the Nation
have a juris doctorate degree
have at least two (2) years’ experience practicing law or a combination of
education and experience
be licensed to practice law in the State of Wisconsin and in good standing
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be admitted to practice before the Judiciary
The elected term is four (4) years [see 811.5-2].
Duties are detailed in section 811.5-3 and include:
o providing legal services
o maintaining ethical standards
o setting up the Legal Resource Center including drafting any rules or standard operating
procedures (SOP’s)
o representing the Legal Resource Center at functions and meetings
o managing the Legal Resource Center including budgeting and reporting
o advising the GTC at GTC meetings
o providing training to Tribal members regarding the Oneida Code of Laws and the
Judiciary’s processes and procedures
o any other duties prescribed by the Nation’s laws and the Legal Resources Center’s
SOP’s.
C. The advocates are detailed in section 811.6 including:
Qualifications [see 811.6-1]:
o There shall be at least two (2) full time advocates elected by the Nation’s membership
with qualifications detailed in this section.
Admission to practice before the Judiciary includes standards that appear in
section 811.6-1 and passing a background check, receiving a pardon or
forgiveness from the Nation if the background check includes a conviction of any
offense involving fraud or misrepresentation or any felony [see Judiciary Rules
of Admission Rule 1-2(A)].
The elected term is four (4) years [see 811.6-2].
Duties are detailed in section 811.6-3 and include:
o providing legal services
o representing the LRC at functions as appropriate
o maintaining ethical standards
o attending continuous training
o maintaining informed regarding applicable laws
o other duties as assigned by the attorney or the laws and rules of the Nation and the LRC’s
SOPs.
o The advocates are responsible for a portion of the attorney’s duties related to the
administration of the Legal Resource Center if this position is vacant [see 811.4-5].
D. Discipline and Removal [see 811.7].
Attorneys and advocates are subject to disciplinary actions according to the Professional Conduct
for Attorneys and Advocates law (under development) and the Removal Law.
E. Administrative Rulemaking Authority
The attorney shall promulgate rules establishing how clients apply for the Legal Resource
Center’s services [see 811.5-3(l)]. The advocates shall assume this duty if no attorney is in office
[see 811.4-5].
F. The proposed legislation is written clearly and simply.
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SECTION 6. INTENT
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A. The purpose of this law is to provide the foundation for the LRC in order to guide the development of
the office.
B. This legislation clearly applies to the elected positions of the LRC including the attorney and the
advocates.
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SECTION 7. EFFECT ON EXISTING LEGISLATION
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SECTION 8. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR
OBLIGATIONS
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A. This law does not impact or conflict with any existing laws of the Nation. The attorney and advocates
shall act in accordance with all existing laws and rules of the Nation that establish guidelines for
attorneys and advocates including:
The Rules of Civil Procedure [see Chapter 803]
o Establishes the role and responsibilities of attorneys and advocates in the civil
proceedings
The Rules of Appellate Procedure [see chapter 805]
o Establishes the role and responsibilities of attorneys and advocates in the appellate
proceedings
Oneida Judiciary Rules of Evidence [see Chapter 804]
o Establishes the attorney-client and advocate-client relationship
Divorce, Annulment, Legal Separation [see Chapter 702]
o Establishes the role and responsibilities of an attorney or advocate representing a party in
divorce, annulment, or legal separation proceedings.
Professional Conduct for Attorneys and Advocates law (under development)
o Governs the conduct of attorneys and advocates admitted to practice law before the
Judiciary.
Judiciary Rules of Admission [See Judiciary Website]
o Establishes minimum requirements for admission to practice before the Judiciary and to
regulate those admitted to practice.
B. Although it is not a conflict; this law establishes advocates as elected by the membership, whereas the
laws above do not consider advocates to be elected positions; rather non-attorneys admitted by the
Judiciary to practice law as a representative or advisor to a party [see Rules of Civil Procedure,
803.3(a)].
A. This legislation does not impact existing rights, privileges, benefits or obligations.
B. Due process is addressed through the Professional Conduct for Attorneys and Advocates law (in
development) regarding disciplinary action and the Removal Law regarding elected attorneys or
advocates who have their admission to practice before the Judiciary revoked or no longer qualify to
serve as an attorney or advocate [see 811.7].
C. The Judiciary Rules of Admission details the revocation process should an attorney or advocate violate
any of the rules of admission and no long qualify to practice before the Judiciary [see Judiciary Rules
of Admission on the Judiciary website].
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D. The attorney and the advocates are elected to four year terms. The first election for the advocates will
be for staggered terms with the advocate with the highest votes getting a term of four (4) years and the
candidate with the next highest votes with a term of three (3) years [see adopting Resolution].
E. This legislation will not affect any existing legislation or any processes currently in place.
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SECTION 9. ENFORCEMENT
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SECTION 10. ACCOUNTABILITY
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SECTION 11. OTHER CONSIDERATIONS
A. The Professional Conduct for Attorneys and Advocates law (currently in development) will establish:
the requirement of competent representation of clients
the scope of representation, promptness of representation
the required nature of communication with clients
any legal fees
the confidential nature of representation
address any conflicts of interest
duties to former clients
restrictions for former judges, mediators, or peacemakers
representing clients with diminished capacity
declining or terminating representation
duties to perspective clients
the role as advisor
candor and impartiality toward the Judiciary
fairness to opposing party and counsel
counsel as witness
admittance to practice and disciplinary matters
misconduct
civil actions for negligence or violation of duty
disciplinary actions
B. The GTC will enforce this law in accordance with the Removal Law which governs the removal of
elected officials [see Removal Law, 104.4-1].
A. The attorney and the advocates are elected positions who are accountable directly to the GTC.
B. The Legal Resource Center will report to GTC on an Annual and Semi-Annual schedule.
C. These reports are available to Tribal members at GTC meetings, on the Members Only website, or
through the Secretary’s Office.
A. Section 109.9-5 of the Legislative Procedures Act authorizes the OBC to temporarily enact an
emergency law where 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 by utilizing the standard legislative process [see Legislative
Procedures Act, 109.9-5(b)]. This law was adopted by emergency resolution on May 25, 2017
because there would not be time to implement the law through the standard legislative process prior
to the Nation’s general election on July 8, 2017.
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The emergency adoption of this law will remain in effect for up to six months (October 24, 2017),
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with the possibility of a one-time extension of up to an additional six months [see Legislative
Procedures Act, 109.9-5(b)].
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B. There were no candidates for the attorney position on for the general election that took place July 8,
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2017. The OBC took action on July 3, 2017 to place the attorney position on the special election to
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take place this fall. The elected advocates will be responsible for the implementation of this law and
establishing and administering the Legal Resource Center until an attorney is elected or appointed by
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the OBC [see 811.4-5].
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C. The adopting resolution for this legislation includes a transition plan which includes staggered terms
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for the advocate positions as noted above, and an official opening date for the Legal Resource Center
of February 1, 2018 to allow the elected advocates time to create the rules and SOP’s necessary to run
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the LRC [see adopting resolution].
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Title 8. Judiciary – Chapter 811
LEGAL RESOURCE CENTER
811.1. Purpose and Policy
811.2. Adoption, Amendment, Repeal
811.3. Definitions
811.4. General Provisions
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811.5. Supervising Attorney
811.6. Advocates
811.7. Discipline and Removal
811.1. Purpose and Policy
811.1-1. Purpose. The purpose of this law is to establish a Legal Resource Center to provide
legal advice and representation to both Tribal members and employees in cases before the
Judiciary and to represent the Oneida General Tribal Council at General Tribal Council
meetings.
811.1-2. Policy. It is the policy of the Nation to provide legal assistance to its members and
employees in an effort to protect individual rights.
811.2. Adoption, Amendment, Repeal
811.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.
811.2-2. This law may be amended or repealed by the Oneida Business Committee and/or
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
811.2-3. 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.
811.2-4. 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.
811.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
811.3. Definitions
811.3-1. 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) “Advocate” means a person elected by the membership who is a non-attorney admitted to
practice law before the Judiciary and presented to the Court as the representative or
advisor to a party.
(b) “Attorney” means a person elected by the membership who is trained and licensed to
represent another person in Court, to prepare documents, and to give advice or counsel on
matters of law.
(a)(c)
“Employee” means any individual hired by the Nation and on the Nation’s
payroll
and encompasses all forms of employment, including but not limited to: full-time,
part-time, at-will, elected/appointed officials, political appointees, and contracted
persons.
(b)(d)
“Judiciary” means the judicial system responsible for applying the laws of the
Oneida Nation. The three branches, as identified in resolutions BC-05-08-13-A and GTC
01-07-13-B are the Family Court, Trial Court, and Appellate Court.
(c)(e) “Nation” means the Oneida Nation.
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(d)(f) “Rule” means a set of requirements enacted by an authorized agency in accordance
with the Administrative Rulemaking law based on authority delegated in this law in order
to implement, interpret, and/or enforce this law.
(e) “Supervising Attorney” means a person elected by the membership who is trained and
licensed to represent another person in Court, to prepare documents, and to give advice or
counsel on matters of law.
(f)(g) “Tribal member” means an individual who is an enrolled member of the Nation.
811.4. General Provisions
811.4-1. Establishment. There is hereby established a Legal Resource Center, which shall
provide legal advice and representation to Tribal members and employees in cases brought forth
in the Judiciary and to represent the Oneida General Tribal Council at General Tribal Council
meetings.
811.4-2. Restrictions. The Legal Resource Center shall not:
(a) Accept a case that is determined to be frivolous or without legal merit. Whenever the
Supervising Attorney or Advocate makes such a determination in a case where a notice of
representation has been filed or an appearance has been made, he or she shall motion the
court for withdrawal;
(b) Accept a case when there is a conflict of interest pursuant to the Professional Conduct
for Attorneys and Advocates law;
(c) Appear in any case before the Judiciary prior to the client applying for the services of
the Legal Resource Center;
(c)(d) Charge a client a fee for representation; however, the client shall be responsible
for all filing fees and other costs associated with the case including but not limited to:
service of process fees, guardian ad litem fees, physical and mental examinations, expert
witness fees, substance abuse assessments, and court costs; or
(d)(e) Appear in any case before the Judiciary where the Supervising Attorney or
Advocate does not meet the qualifications established by law.
811.4-3. Prohibitions. While serving a term of office, no Supervising Attorney or Advocate
may:
(a) Be elected or appointed to serve on any of the Nation’s boards, committees or
commissions; or
(b) Be otherwise employed, elected, or appointed by the Nation.
811.4-4. Vacancies. If an Supervising Attorney or Advocate dies, resigns, is removed from
office, becomes incapacitated for a period in excess of one hundred eighty (180) consecutive
days, or is declared incompetent by a court of competent jurisdiction, the position shall be
declared vacant by the Oneida Business Committee and the Oneida Business Committee may
either appoint a successor to fill the position until the next general election at which time a
successor will be elected to a four (4) year term or fill the position through a special election.
811.4-5. Assumption of Duties. If there is no Supervising Attorney in office, then the Advocates
shall share the duties promulgated by sections 811.5-3(b), (dc), (ed), (fe), (gf), (hg), (lk), (ml),
and (on).
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811.5. Supervising Attorney
811.5-1. Qualifications. There shall be at least one (1) full-time Supervising Attorney of the
Legal Resource Center. This position shall be an elected position and shall have the following
qualifications:
(a) is an enrolled Tribal member and is at least twenty-one (21) years of age on the date
of the election;
(b) have
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