Oneida Business Committee (2020)

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Public Packet

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Oneida Business Committee

Special Meeting

10:00 AM Thursday, August 06, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and

present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.

NOTICE

All regular, special, and emergency Business Committee meetings are closed to the public for the

duration of the Public Health State of Emergency. This is preventative measure as a result of the

COVID-19 pandemic. Audio recordings are made of all meetings of the Business Committee.

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

available

the

Nation's

website

at:

https://oneida-nsn.gov/government/businesscommittee/recordings/

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

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

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

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

RESOLUTIONS

Adopt resolution entitled Extension of Declaration of Public Health State of

Emergency Until September 11, 2020

Sponsor: Tehassi Hill, Chairman

Oneida Business Committee

Special Meeting Agenda

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August 06, 2020

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EXECUTIVE SESSION

NEW BUSINESS

VI.

Review the decision and identify next steps - case # 19-1981

Sponsor: Jo Anne House, Chief Counsel

ADJOURN

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

Open Meetings law (§ 107.14.)

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

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

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

or (800) 236-2214

Oneida Business Committee

Special Meeting Agenda

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August 06, 2020

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Oneida Business Committee Agenda Request

Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until September...

1. Meeting Date Requested:

/ 6

/ 20

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

Business Committee to consider extending the Public Health State of Emergency, by adopting the attached

resolution.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Statement of Effect

2. Professional Recommendation

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Tehassi Hill, Chairman

Primary Requestor/Submitter:

Melinda J. Danforth, Director o Intergovernmental Affairs & Communication

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:

On March 12, 2020 the Oneida Business Committee declared a Public Health State of Emergency due to the need

to slow the transmission and decrease the spread of COVID 19. The declaration has been extended four times

and is set to expire on August 11, 2020 along with the Nation's Stay Safer at Home Declaration.

As with previous requests, a professional recommendation from Emergency Management, Health Officials and

the Public Health Officer has been requested and is attached.

Requested Action:

1. Business Committee consider extending the Public Health State of Emergency Declaration, by adopting the

attached resolution.

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 Comprehensive Health Division

Oneida Community Health Center

Behavioral Health Services

Anna John Resident Centered Care Community

Employee Health Nursing

Date: August 4, 2020

To:

Oneida Nation Covid‐19 Communications Team

From: Dr Ravi Vir, Oneida Comprehensive Health Division Medical Director

Carrie Blohowiak, Laboratory Supervisor

Sheri Forgette, Safety/ Compliance Specialist

Michelle Myers, Public Health Manager/ Public Health Officer

RE:

Recommendations to Extend the Oneida Nation Public Health Emergency Declaration

An infectious illness such as COVID19 does not follow our jurisdictional boundaries and/or our

reservation boundaries. It is critical for the Oneida Nation to continue to work in tandem with

our local and state public health departments. COVID‐19 does not pick and choose who will be

affected nor does it matter where you work, or where you live.

Through our on‐going monitoring of the COVID19 pandemic by public health and other health

officials, the following are highlights from our current situation:



There is an Increase in COVID‐19 cases within our local counties, the state of Wisconsin,

nationally and globally. Multiple states have imposed additional restrictions to limit the

spread of the disease. Northeastern states are imposing self‐isolation requirements on

individuals arriving from states in the South and South west that are severely impacted

at this time.



There is Evidence of continued community spread in Brown and Outagamie

Counties and throughout the state of Wisconsin.

Oneida Community Health Center

Behavioral Health Services

Anna John Resident Centered Care Community

Employee Health Nursing

Mailing Address: P.O. Box 365, Oneida, WI 54155

https://oneida‐nsn.gov/resources/health/

525 Airport Dr., Oneida, WI 54155

Phone: (920) 869‐2711 or 1‐866‐869‐2711

2640 West Point Rd., Green Bay, WI 54304

Phone: (920) 490‐3790 or 1‐888‐490‐2457

2901 S. Overland Rd., Oneida, WI 54155

Phone: (920) 869‐2797

701 Packerland Dr., Green Bay, WI 54303

Phone: (920) 405‐4492

Fax: (920) 869‐1780

Fax: (920) 490‐3883

Fax: (920) 869‐3238

Fax: (920) 405‐4494

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Relevant COVID19 Data:

WI Public Health https://www.dhs.wisconsin.gov/covid‐19/cases.htm retrieved 08/04/20

Wisconsin Electronic Disease Surveillance System (WEDSS) retrieved 06/30/20 and 07/31/20

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WI Public Health https://www.dhs.wisconsin.gov/covid‐19/cases.htm retrieved 08/04/20

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Recommendations:

Based on available information we have today, Oneida Public Health Team has the following

recommendations:

1. The Oneida Nation extend the Public Health Emergency declaration to September 30,

2020.

2. Extending the Public Health Emergency will continue to help us save lives, while safely

and securely conducting our Nations’ operations during the pandemic.

3. All Departments/areas within the Oneida Nation have a plan for maintaining safety of

continued and or enhanced operations during COVID19 pandemic to include prevention

strategies to keep both employees and patrons safe.

4. Continued Operations to maintain all safe distancing, Universal masking/face covering

and sanitation requirements indefinitely throughout the pandemic.

5. Based on current available information our recommendations would remain valid for

the next 3‐6 months or longer. Recommendations will continue to change based upon

available data and updates on the COVID‐19 pandemic.

6. Continue Basic Infection Prevention Measures throughout the Oneida Organization to

protect employees and customers must be included as a part of all operational plans. All

Departments should maintain good hygiene and infection control practices, including:



Promote frequent and thorough hand washing, including by providing

employees, customers, and worksite visitors with a place to wash their hands. If

soap and running water are not immediately available, provide alcohol‐based

hand rubs containing at least 60% alcohol.

Encourage employees to stay home if they are sick.

Encourage respiratory etiquette, including covering coughs and sneezes.



Provide customers and the public with tissues and trash receptacles.



7. Departments should continue to maintain flexible worksites (e.g., telecommuting) and

flexible work hours (e.g., staggered shifts), to increase the physical distance among

employees and between employees and others if state and local health authorities

recommend the use of social distancing strategies.

8. Discourage employees from using other employees’ phones, desks, offices, or other

work tools and equipment, when possible.

9. Maintain regular housekeeping practices, including routine cleaning and disinfecting of

surfaces, equipment, and other elements of the work environment. When choosing

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cleaning chemicals, Departments should consult information on Environmental

Protection Agency (EPA)‐approved disinfectant labels with claims against emerging viral

pathogens. Products with EPA‐approved emerging viral pathogens claims are expected

to be effective against SARS‐CoV‐2 based on data for harder to kill viruses. Follow the

manufacturer’s instructions for use of all cleaning and disinfection products (e.g.,

concentration, application method and contact time, PPE).

10. All employees of the nation based on their job duties have a facial covering or mask

while at work and maintain safe distancing of at least 6 feet from each other.

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # ________

Extension of Declaration of Public Health Emergency Until September 11, 2020

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

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

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

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

and businesses; and

WHEREAS,

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

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

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

WHEREAS,

on March 12, 2020 the Chairman declared a Public Health State of Emergency, the Oneida

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

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

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

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

be paid during the Public Health State of Emergency as long as the Nation’s resources will

allow; and

WHEREAS,

the Public Health State of Emergency was extended by resolutions # BC-03-26-20-A, #

BC-05-06-20-A; # BC-06-10-20-A, and # BC-07-08-20-A;

WHEREAS,

the status of the COVID-19 pandemic continues to change daily with identification of

hotspots occurring within certain food industries; and

WHEREAS,

the State of Wisconsin has experienced a growth in positive cases from 28,058 on June

30th to 51,108 on July 30th an increase in 23,050 additional positive tests, and of these

tests:

 there are additional 1,071 positive results in Brown County and an additional 574 in

Outagamie County;

 there are 27 additional positive results in the Oneida Reservation; and

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BC Resolution _____________

Extension of Declaration of Public Health Emergency Until September 11, 2020

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WHEREAS,

a positive test does not identify the total number of individuals who have the virus, including

those who are not showing symptoms or who have isolated themselves at home because

not every person is tested; and

WHEREAS,

the initial Public Health State of Emergency Declaration issued by the Chairman under

section 302.8-2 requested by the Emergency Management Director on March 12th expired

on April 11th, extended until May 12th, extended until June 11th, extended until July 12th and

extended until August 11th; and

WHEREAS,

the COVID-19 Core Decision Making Team has issued a modified Safer At Home

Declaration, an Open for Business amendment, and finally a less restrictive Stay Safer at

Home Declaration which directs that individuals within the Oneida Reservation should

continue to stay at home, businesses can re-open under certain safer business practices,

and Social Distancing should be practiced by all persons which remains effective during

the state of emergency; and

WHEREAS,

the Emergency Management Director and the Public Health Officer have advised extension

of the emergency declaration supported by information from the Centers for Disease

Control and the level of spread of COVID-19 throughout the State of Wisconsin,

surrounding states, and the United States; and

WHEREAS,

the Oneida Business Committee has determined that continuing the Public Health State of

Emergency for continues to be necessary and that the public health declaration should be

longer given the ongoing pandemic impact and the inability to identify mechanisms to

control for infection or protect the public;

Extension of Public Health State of Emergency Declaration

NOW THEREFORE BE IT RESOLVED, that in accordance with section 302.8-5 of the Emergency

Management & Homeland Security Law, the Oneida Business Committee extends the Public Health State

of Emergency declaration ending at 11:59 p.m. on September 11, 2020.

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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

Extension of Declaration of Public Health State of Emergency Until September 11, 2020

Summary

This resolution extends the Nation’s declaration of the Public Health State of Emergency until

September 11, 2020.

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

Date: July 31, 2020

Analysis by the Legislative Reference Office

The Oneida Business Committee adopted the Emergency Management and Homeland Security

law for the purpose of providing for the development and execution of plans for the protection of

residents, property, and the environment in an emergency or disaster; providing for the direction

of emergency management, response, and recovery on the Reservation, as well as coordinating

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

Incident Management System (NIMS); and designating authority and responsibilities for public

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

Under the Emergency Management and Homeland Security law, the Oneida Business Committee

is delegated the responsibility to proclaim or ratify the existence of a public health emergency. [3

O.C. 302.8-1]. A public health emergency means the occurrence or imminent threat of an illness

or health condition which is a quarantinable disease; and which poses a high probability of a large

number of deaths or serious or long-term disability among humans. [3 O.C. 302.3-1(o)]. No

proclamation of an emergency by the Oneida Business Committee may last for longer than thirty

(30) days, unless renewed by the Oneida Business Committee. [3 O.C. 302.8-5].

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

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

individuals becoming ill and high mortality rates, impacts to the stock markets, and businesses.

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

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

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

In accordance with the authority granted to the Oneida Business Committee through the

Emergency Management and Homeland Security law, on March 12, 2020, Chairman Tehassi Hill

signed a “Declaration of Public Health State of Emergency” which sets into place the necessary

authority should action need to be taken, and allows the Oneida Nation to seek reimbursement of

emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. The

Oneida Business Committee has extended this Public Health State of Emergency until August 11,

2020, through the adoption of the following resolutions:



BC-03-28-20-A Extension of March 12th Declaration of Public Health State of Emergency;

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BC-05-06-20-A Extension of Declaration of Public Health State of Emergency Until June 11, 2020;

BC-06-10-20-A Extension of Declaration of Public Health State of Emergency Until July 12, 2020;

BC-07-08-20-A Extension of Declaration of Public Health State of Emergency Until August 11,

2020. [3 O.C. 302.8-5].

On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at

Home” declaration which prohibits all public gatherings of any number of people and orders all

individuals present within the Oneida Reservation to stay at home or at their place of residence,

with certain exceptions allowed. On April 21, 2020, the COVID-19 Core Decision Making Team

issued an “Updated Safer at Home” declaration which allowed for gaming and golf operations to

resume. Then on May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at

Home Declaration, Amendment, Open for Business” which directs that individuals within the

Oneida Reservation should continue to stay at home, businesses can re-open under certain safer

business practices, and social distancing should be practiced by all persons. On June 10, 2020, the

COVID-19 Team issued a “Stay Safer at Home” declaration which lessened the restrictions of the

“Safer at Home Declaration, Amendment, Open for Business” while still providing guidance and

some restrictions. Declarations made by the COVID-19 Core Decision Making Team remain in

effect during the duration of the Nation’s Public Health State of Emergency, unless identified to

be effective for a shorter time period. [3 O.C. 302.10-3].

The Emergency Management Director and the Public Health Officer have advised extension of the

Public Health State of Emergency declaration supported by information from the Centers for

Disease Control and the level of spread of COVID-19 throughout the State of Wisconsin,

surrounding states, and the United States. This resolution provides that the Oneida Business

Committee has determined that continuing the Public Health State of Emergency continues to be

necessary.

Through the adoption of this resolution, in accordance with section 302.8-5 of the Emergency

Management and Homeland Security law, the Oneida Business Committee extends the Public

Health State of Emergency declaration for an additional thirty (30) days ending on September 11,

2020.

Conclusion

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

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.