Phone: (920)869-2214 (2017)
Tribal code
Ask Donna
What actually matters in this document.
Text
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Meeting Materials July 26, 2017
Open Session
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Bus iness Committee, hereby certify that
the following 704 pages are the Open Session meeting materials presented at a
meeting duly called, noticed and held on the 26 th day of July, 2017, and reconvened o n
the 27th day of July, 2017.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
Public Packet
Page 1
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
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 (Please Note: Scheduled times are approximate and subject to change)
A. Special Recognition – Oneida athletes – North American Indigenous Games (NAIG)
Toronto, Ontario – July 17-21, 2017 (This item is scheduled to begin at 1:30 p.m.)
Sponsor:
Fawn Billie, Councilwoman
B. Special Recognition for Years of Service – Seventeen (17) Oneida Nation employees
Sponsor:
Geraldine Danforth, Area Manager/Human Resources Dept.
III. ADOPT THE AGENDA
IV. OATHS OF OFFICE
A. Oneida Police Commission – Kory Wesaw
B. Oneida Personnel Commission – Pearl Webster, Carol Smith, and Gerald DeCoteau
V. MINUTES
A. Approve July 12, 2017, regular meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
VI. RESOLUTIONS
A. Adopt resolution entitled Native American Business Development Institute (NABDI)
Feasibility Study
Sponsor:
Joanie Buckley, Division Director/Internal Services
Oneida Business Committee Regular Meeting Agenda of July 26, 2017
Page 1 of 7
Public Packet
Page 2
B. Adopt resolution entitled Well Abandonment Law Amendments
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
C. Adopt resolution entitled Tribal Environmental Response Law Amendments
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
D. Adopt resolution entitled On-Site Waste Disposal Law Amendments
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
E. Adopt resolution entitled Public Use of Tribal Land Law Amendments
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
F. Adopt resolution entitled All-Terrain Vehicle Law Amendments
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
G. Adopt resolution entitled Hunting, Fishing and Trapping Law Amendments
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
H. Adopt resolution entitled Water Resources Ordinance Amendments
Sponsor:
I.
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Adopt resolution entitled Oneida Business Committee Meetings Law
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
J. Adopt resolution entitled Landlord-Tenant Emergency Amendments
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
K. Adopt resolution entitled Adoption of the Children’s Code and the Nation’s Indian Child
Welfare Act Policy
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
L. Adopt resolution entitled Cemetery Law Amendments
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair:
Brandon Stevens, Councilman
1. Accept June 21, 2017, Legislative Operating Committee meeting minutes
B. Finance Committee
Chair:
Trish King, Tribal Treasurer
1. Approve July 17, 2017, Finance Committee meeting minutes
2. Approve Finance Committee E-Poll results regarding Prevea Clinics, Inc. Psychiatric
Services agreement - file # 2017-0808
3. Approve Finance Committee E-Poll results regarding 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
Oneida Business Committee Regular Meeting Agenda of July 26, 2017
Page 2 of 7
Public Packet
Page 3
C. Quality of Life Committee
Chair:
Fawn Billie, Councilwoman
1. Accept May 11, 2017, Quality of Life meeting minutes
VIII. APPOINTMENTS
A. Approve recommendation to appoint Jeanette Archiquette-Ninham to Pardon and
Forgiveness Screening Committee; and re-post the other three (3) vacancies
Sponsor:
Cristina Danforth, Tribal Chairwoman
B. Approve recommendation to appoint Elaine Skenandore-Cornelius to Bay Bancorporation
Board of Directors
Liaison Alternate: David Jordan, Councilman
IX. TABLED BUSINESS
A. Approve recommendation to appoint Robert Barton to Oneida Airport Hotel Corp. Board
of Directors
Sponsor:
Cristina Danforth, Tribal Chairwoman
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
A. Approve four (4) actions regarding Oneida Nation Solar LL.C. Operating agreement – file #
2017-0655
Requestor:
Sponsor:
Michael Troge, Environmental Project Manager/Eco-Services Dept.
Patrick Pelky, Division Director/Environmental Health & Safety
EXCERPT FROM JUNE 28, 2017: (1) Motion by Lisa Summers to accept the Oneida Nation
Solar LL.C. 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.
XI. NEW BUSINESS
A. Approve revised OBC SOP entitled Hiring and Negotiating Oneida Business Committee
(OBC) Political Appointments
Sponsor:
Tehassi Hill, Councilman
Oneida Business Committee Regular Meeting Agenda of July 26, 2017
Page 3 of 7
Public Packet
Page 4
B. Schedule special Business Committee meeting for purpose of administering oaths of
office for remaining elected officials
Sponsor:
Lisa Summers, Tribal Secretary
XII. OPERATIONAL REPORTS (Please Note: Scheduled times are approximate and subject to change)
A. Accept Comprehensive Health Division FY ’17 3rd quarter report
(1:40 p.m.-2:00 p.m.)
Sponsors:
Debra Danforth, Division Director/Comprehensive Health Operations; Dr.
Ravinder Vir, Medical Director/Medical Operations
B. Accept Community & Economic Development Division FY ’17 3rd quarter report
(2:00 p.m.-2:20 p.m.)
Sponsor:
Troy Parr, Division Director/Community & Economic Development – Development
Branch
C. Accept Public Works Division FY ’17 3rd quarter report
(2:20 p.m.-2:40 p.m.)
Sponsors:
Jacque Boyle, Interim Assistant Division Director/Public Works – Development
Branch
D. Accept Governmental Services Division FY ’17 3rd quarter report
(2:40 p.m.-3:00 p.m.)
Sponsor:
George Skenandore, Division Director/Governmental Services
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)
A. Approve four (4) actions regarding Petitioner Edward Delgado – Trust Land Distribution
Sponsor:
Lisa Summers, Tribal Secretary
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.
B. Approve four (4) actions regarding Petitioner Linda Dallas – 2017 Tri-Annual General
Election
Sponsor:
Lisa Summers, Tribal Secretary
C. Determine appropriate date and reschedule FY ’18 GTC budget meeting
Sponsor:
Trish King, Tribal Treasurer
D. Approve two (2) actions regarding special GTC meeting
Sponsor:
Lisa Summers, Tribal Secretary
E. Accept legal opinion of Referendum Question regarding development of law which
provides for sanctions and due process for elected officials
Sponsor:
Jo Anne House, Chief Counsel
Oneida Business Committee Regular Meeting Agenda of July 26, 2017
Page 4 of 7
Public Packet
Page 5
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
Requestor: Brandon Stevens, Councilman
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.1
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.
XIV. EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to change)
A. REPORTS
1. Determine appropriate actions regarding Oneida Seven Generations Corporation FY
’17 3rd quarter report
Agent:
Pete King III
Liaison:
Tina Danforth, Tribal Chairwoman
2. Accept Bay Bancorporation, Inc. FY ’17 3rd quarter report
President: Jeff Bowman (8:30 a.m.-9:00 a.m.)
Liaison:
Tina Danforth, Tribal Chairwoman
3. Accept Oneida ESC Group, LLC. FY ’17 3rd quarter report
Chair:
Liaison:
Jackie Zalim (9:30 a.m.-10:00 a.m.)
Tehassi Hill, Councilman
(Break scheduled from 10:00 a.m.-10:15 a.m.)
4. Accept Oneida Airport Hotel Corporation FY ’17 3rd quarter report
Agent:
Liaison:
Janice Hirth-Skenandore (10:15 a.m.-10:45 a.m.)
Trish King, Tribal Treasurer
5. Accept Oneida Golf Enterprise FY ’17 3rd quarter report
Agent:
Liaison:
Janice Hirth-Skenandore (10:45 a.m-11:15 a.m.)
Trish King, Tribal Treasurer
6. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager
(This item is scheduled to begin at 1:30 p.m.)
7. Accept Chief Counsel report – Jo Anne House, Chief Counsel
8. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
1
Upon review of the audio, it was concluded that the motion for this item was not formally voted on.
Oneida Business Committee Regular Meeting Agenda of July 26, 2017
Page 5 of 7
Public Packet
Page 6
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise - Ladies Professional Golf Association
Sponsor:
Trish King, Tribal Treasurer (11:15 a.m.-11:30 a.m.)
C. AUDIT COMMITTEE
Chair: Tehassi Hill, Councilman (This item is scheduled to begin at 11:30 a.m.)
1. Accept Audit Committee FY '17 3rd quarter report
D. UNFINISHED BUSINESS
1. Accept report regarding contract # 2017-0088 and determine next steps
Sponsors: Lisa Summers, Tribal Secretary; Jennifer Webster, Councilwoman
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.
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
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.
3. Discussion regarding complaint # 2017-CC-05 (9:00 a.m.-9:30 a.m.)
Sponsor:
David Jordan, Councilman
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.
4. Defer report regarding complaint # 2017-DR11-01 to August 9, 2017, regular Business
Committee meeting
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
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 Agenda of July 26, 2017
Page 6 of 7
Public Packet
Page 7
E. NEW BUSINESS
1. Approve limited waiver of sovereign immunity – Laredo Ender User License agreement
– file # 2017-0125
Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety
2. Approve limited waiver of sovereign immunity – Baker Tilly Virchow Krause LLP.Engagement Letter – file # 207-0483
Sponsor: Larry Barton, Chief Financial Officer
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
4. Create position expectations for Direct Report – 21
Sponsor:
Tehassi Hill, Councilman
5. Accept sign-in sheets from June 20, 2017, as information
Sponsor:
Cristina Danforth, Tribal Chairwoman
6. Accept sign-in sheets from June 28, 2017, as information
Sponsor:
Cristina Danforth, Tribal Chairwoman
XV. ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 2:15 p.m., Friday, July 21, 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 July 26, 2017
Page 7 of 7
Public Packet
Page 8
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
7
/ 26 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Announcement/Recognition
Accept as Information only
Action - please describe:
Request for the BC to recognize and congratulate the Oneida athletes who participated in the North
American Indigenous Games (NAIG) in Toronto, Ontario from July 17-21, 2017.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Fawn Billie, Council Member
Primary Requestor/Submitter:
Cathy Bachhuber, Executive Assistant
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Susan House, Parks and Recreation
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 9
Public Packet
Page 10
Public Packet
Page 11
Public Packet
Page 12
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
07 / 26
/ 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Kory Wesaw Name to the Oneida Police Commission.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Lee Cornelius, Records Clerk
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 13
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The posting was in the 08/18/16 issue of the Kalihwisaks for 1 of vacancy on the Oneida Police Commission for a
5 year term with the deadline of 09/16/16. There were 3 applicants for the 1 vacancy on the Oneida Police
Commission. The appointment was made on the 7/12/16 BC Agenda.
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 14
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
07 / 26 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Pearl Webster, Carol Smith and Gerald DeCoteau to the Oneida Personnel
Commission.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Kathleen M. Metoxen, Executive Tribal Clerk
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 15
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
***BACKGROUND***
During the reconvened BC meeting on July 3, 2017, the following appointments were made for two separate
postings to the Oneida Personnel Commission:
Posting A:
There were 4 vacancies on the Oneida Personnel Commission for a 5 year term.
There were 6 applicants for the 4 vacancies.
The BC approved the Chair's recommendation to appoint Patricia Powless, Jason Martinez, and Pearl Webster.
They approved Carol Smith instead of the Chair's recommendation for John Orie.
Posting B:
There were 3 vacancies on the Oneida Personnel Commission for a 5 year term.
There were 3 applicants for the 3 vacancies.
The BC approved the Chair's recommendation to appoint Stacey Nieto, Gerald DeCoteau, and Yvonne Jourdan.
Pearl Webster, Carol Smith and Gerald DeCoteau couldn't make the July 12, 2017, BC meeting.
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 16
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
07 / 26 / 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 July 12, 2017, regular meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. July 12, 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
Public Packet
Page 17
DRAFT
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, July 11, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, July 12, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes - DRAFT
EXECUTIVE SESSION
Present: Chairwoman Tina Danforth, Secretary Lisa Summers, Council members: Fawn Billie, Tehassi
Hill, David Jordan, Brandon Stevens, Jennifer Webster;
Not Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King;
Arrived at: ;
Others present: Jo Anne House, Larry Barton;
REGULAR MEETING
Present: Chairwoman Tina Danforth, Secretary Lisa Summers, Council members: Fawn Billie, David
Jordan, Jennifer Webster;
Not Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Councilman Brandon
Stevens;
Arrived at: Councilman Tehassi Hill at 8:35 a.m.;
Others present: Jo Anne House, Heather Heuer, Brad Graham, Bill Graham, Jen Falck, Leyne Orosco,
Debbie Melchert, Lee Cornelius, Chris Johnson, Lisa Liggins, Jessica Wallenfang, Nancy Barton, Cathy
Metoxen, Karen Smith, Paul Witek, Ed Delgado, Pat Pelky, Jacque Boyle, Troy Parr, Carol Silva, Connie
Doxtater, Sandra Reveles, Larry Barton, Bonnie Pigman, Dakota Oskey, Sheila Huntington, Gina
Buenrostro, Rob Collins, Susan White, Tsyoshaaht Delgado, George Skenandore, Stacey Nieto, Yvonne
Jourdan, Patricia Powless, Jason Martinez, Danielle Martinez, Lisa Huff;
I. CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 8:32 a.m.
For the record:
Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, and
Councilman Brandon Stevens are out of the office on vacation time.
II. OPENING by Chairwoman Tina Danforth
III. ADOPT THE AGENDA (00:02:03)
Councilman Tehassi Hill arrives at 8:35 a.m.
Motion by Lisa Summers to adopt the agenda with the following changes: [Delete General Tribal Council
item XII.C.01. Accept legislative analysis regarding Petitioner Edward Delgado: Trust Land Distribution;
and to move XII.E. Approve the August 14, 2017, to the top of the agenda], seconded by Jennifer
Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017
Page 1 of 15
Public Packet
Page 18
DRAFT
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
IV. OATHS OF OFFICE (00:03:42) administered by Secretary Lisa Summers
A. Oneida Personnel Commission – Patricia Powless, Jason Martinez, Pearl Webster (Not
Present), Carol Smith (Not Present), Stacey Nieto, Gerald DeCoteau (Not Present), and
Yvonne Jourdan
V. MINUTES (00:06:26)
A. Approve June 28, 2017, regular meeting minutes with reconvened session on July 3, 2017
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to approve the June 28, 2017, regular meeting minutes with reconvened session
on July 3, 2017, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
VI. STANDING COMMITTEES
A. Legislative Operating Committee
Chair:
Brandon Stevens, Councilman
1. Determine next steps regarding memorandum entitled Oneida Health Board – GTC
Directive (00:09:13)
Sponsor: Brandon Stevens, Councilman; Legislative Operating Committee Chair
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.
Motion by David Jordan to accept as information the memorandum entitled Oneida Health Board – GTC
Directive, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
Amendment to the main motion by Lisa Summers to direct the Tribal Secretary’s Office, which is also
responsible for managing Records Management, to develop a resolution to bring back to the Business
Committee to adopt to dissolve the Heath Board, it would also contain the appropriate directions, as well
as contain the history of why this action is being taken for the record, seconded by Fawn Billie. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
B. Finance Committee
Chair:
Trish King, Tribal Treasurer
1. Approve June 29, 2017, Finance Committee meeting minutes (00:13:53)
Motion by Jennifer Webster to approve the June 29, 2017, Finance Committee meeting minutes,
seconded by Fawn Billie. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, Lisa Summers, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017
Page 2 of 15
Public Packet
Page 19
DRAFT
Abstained:
Not Present:
David Jordan
Melinda J. Danforth, Trish King, Brandon Stevens
2. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor: Lisa Summers, Tribal Secretary
a. Approved June 5, 2017, Finance Committee meeting minutes (00:14:41)
Requestor:
Larry Barton, Chief Financial Officer
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.
Motion by Lisa Summers to enter the E-Poll results into the record for the approved June 5, 2017,
Finance Committee meeting minutes, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
VII. APPOINTMENTS
A. Approve recommendation to appoint Robert Barton to the Oneida Airport Hotel Corp.
Board of Directors (00:15:33)
Sponsor:
Tina Danforth, Tribal Chairwoman
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.
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.
Councilman David Jordan departs at 8:50 a.m.
Councilman David Jordan returns at 8:51 a.m.
Motion by Lisa Summers to table this item, seconded by Tehassi Hill.
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
B. Reconsider, review, and hear testimony from Kory Wesaw regarding appointment to
Oneida Police Commission (00:19:07)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by David Jordan to approve the recommendation and appoint Kory Wesaw to the Oneida Police
Commission, seconded by Jennifer Webster. Motion carried with one opposed and one abstention:
Ayes:
Tehassi Hill, David Jordan, Jennifer Webster
Opposed:
Lisa Summers
Abstained:
Fawn Billie
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
For the record:
Secretary Lisa Summers stated I’m going to oppose just because the
agenda says that he was going to be here today so that we can ask him
our questions. My understanding is that he was separated from
employment there not only once but twice and I think that was going to
be my opportunity to ask him because the agenda said that he would be
Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017
Page 3 of 15
Public Packet
Page 20
DRAFT
here today so that we could ask our clarifying questions about his
employment history there. As liaison to the commission, I understand the
concern. If you have an employee that’s potentially been terminated from
employment from that area twice and now they are being asked to act as
a supervisor to the Chief of Police. I think that the Police Commission’s
concern about a potential conflict of interest is valid and I think this would
have been our opportunity because it says that he was supposed to be
here today and in absence of him being able to provide testimony or to
provide additional clarification around the situation, it would be difficult for
I think us to make a fair decision about that.
VIII. STANDING ITEMS
A. Accept quarterly report regarding Work Plan for Cemetery Improvements Project # 14-002
Sponsor:
James Petitjean, Interim Assistant Division Director/Development (00:27:00)
Secretary Lisa Summers departs at 9:00 a.m.
Secretary Lisa Summers returns at 9:08 a.m.
Motion by Lisa Summers to accept the quarterly report regarding Work Plan for Cemetery Improvements
Project # 14-002, seconded by Jennifer Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, Lisa Summers, Jennifer Webster
Abstained:
David Jordan
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
Amendment to the main motion by Jennifer Webster for a final close-out report, including financials,
regarding the Cemetery Improvements Project # 14-002 be submitted to the Oneida Business Committee
in sixty (60) days, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
IX. UNFINISHED BUSINESS
A. Accept presentation of Development Division re-organizational structure as information
Sponsors:
Jacque Boyle, Assistant Division Director/Development-Operations; Troy Parr,
Assistant Division Director/Development-Development (1:00:10)
Motion by Jennifer Webster to accept the presentation of the Development Division re-organizational
structure, as information, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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.
Councilman David Jordan departs at 10:07 a.m.
Councilman David Jordan returns at 10:28 a.m.
Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017
Page 4 of 15
Public Packet
Page 21
DRAFT
B. Approve Amended and Restated Per Capita Trust agreement – file # 2017-0614 (1:34:44)
Requestor:
Sponsor:
Susan White, Director/Trust Enrollment
Brandon Stevens, Councilman
Motion by Tehassi Hill to approve the Amended and Restated Per Capita Trust agreement – file # 20170614, dated May 23, 2017, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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.
C. Post vacancy to Oneida Personnel Commission with term end date of 2/28/21 (2:02:30)
Requestor:
Sponsor:
Kathleen Metoxen, Records Technician II/BC Support Office
Lisa Summers, Tribal Secretary
Motion by David Jordan to post the vacancy to Oneida Personnel Commission with term end date of
2/28/21, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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.
Councilman Tehassi Hill departs at 10:39 a.m.
Councilman Tehassi Hill returns at 10:44 a.m.
D. Approve OBC SOP entitled Stipends for OBC - Elect during Transition (2:03:20)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Lisa Summers to approve the OBC SOP entitled Stipends for OBC - Elect during Transition;
and to include a sentence clarifying that if you are a current employee you are not eligible for the stipend,
seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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.
E. Accept memorandum regarding OBC Members and Political Appointments Ending Elected
Terms (2:22:38)
Sponsor:
Geraldine Danforth, Area Manager/Human Resources Dept.
Motion by Lisa Summers to accept the memorandum regarding OBC Members and Political
Appointments Ending Elected Terms; and to defer this item to the Legislative Reference Office and
Human Resources Dept. for the follow-up to be completed for the next term, seconded by Tehassi Hill.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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.
Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017
Page 5 of 15
Public Packet
Page 22
DRAFT
F. Approve authorization to proceed with construction contract award for CIP # 14-013 –
Early Head Start Facility with understanding additional funds are included in FY18 budget
Requestor:
Paul Witek, Senior Tribal Architect (2:46:22)
Sponsor:
Troy Parr, Assistant Division Director/Development-Development
Motion by Lisa Summers to adopt resolution # 07-12-17-A Amending Resolution # BC-09-28-16-B to
Correctly Title the Fund ‘Economic Development, Diversification and Community Development” and to
Correct the Purpose of the Fund to Include Community Development, seconded by Tehassi Hill. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to adopt resolution # 07-12-17-B Authorizing Use of $193,401.00 from the
Economic Development, Diversification and Community Development Fund for the Purposes of CIP # 14013, seconded by Jennifer Webster. Motion carried unanimously:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
Motion by Jennifer Webster to allocate $151,599 from the Community Economic Development fund to the
CIP # 14-013 Early Head Start Facility, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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.
G. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Approved Memorandum of Understanding regarding Back Forty Mine – reference #
2017-0592 (3:00:50)
Requestor: Nathan King, Director/Intergovernmental Affairs & Communications
Motion by Tehassi Hill to enter the E-Poll results into the record for the approved Memorandum of
Understanding regarding Back Forty Mine – reference # 2017-0592, seconded by Fawn Billie. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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. NEW BUSINESS
A. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Approved request to add the Governmental Services Division semi-annual report into
the 2016 semi-annual reports book; and update memo in book to reflect change
Requestor: Lisa Summers, Tribal Secretary (3:01:27)
Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017
Page 6 of 15
Public Packet
Page 23
DRAFT
Motion by Lisa Summers to enter the E-Poll results into the record for the approved request to add the
Governmental Services Division semi-annual report into the 2016 semi-annual reports book; and update
memo in book to reflect change, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
XI. TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Councilman David Jordan – WI Republican Night – Washington
D.C. – April 25-27, 2017 (3:02:18)
Motion by Lisa Summers to accept the travel report – Councilman David Jordan – WI Republican Night –
Washington D.C. – April 25-27, 2017, seconded by Tehassi Hill. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, Lisa Summers, Jennifer Webster
Abstained:
David Jordan
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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.
2. Accept travel report – Councilman Tehassi Hill – American Indian/Alaska Native Public
Witness Hearing – Washington D.C. – May 15-17, 2017 (3:03:18)
Motion by Lisa Summers to accept the travel report – Councilman Tehassi Hill – American Indian/Alaska
Native Public Witness Hearing – Washington D.C. – May 15-17, 2017, seconded by Fawn Billie. Motion
carried with one abstention:
Ayes:
Fawn Billie, David Jordan, Lisa Summers, Jennifer Webster
Abstained:
Tehassi Hill
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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.
B. TRAVEL REQUESTS
1. Accept travel request regarding Secretary Lisa Summers & Councilwoman Fawn Billie
attending 2017 North American Indigenous Games in Toronto, Ontario, July 16-23,
2017, as information (3:05:53)
Motion by Jennifer Webster to accept the travel request regarding Secretary Lisa Summers &
Councilwoman Fawn Billie attending 2017 North American Indigenous Games in Toronto, Ontario, July
16-23, 2017, as information, noting there is no request for per diem, hotel, or mileage, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017
Page 7 of 15
Public Packet
Page 24
DRAFT
2. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor: Lisa Summers, Tribal Secretary
a. Approved travel request – Treasurer Trish King and up two (2) additional OBC
members – Midwest Alliance of Sovereign Tribes (MAST) summer meeting –
Hinkley, MN – July 13-14, 2017 (3:10:55)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Lisa Summers to enter the E-Poll results into the record for the approved travel request –
Treasurer Trish King and up two (2) additional OBC members – Midwest Alliance of Sovereign Tribes
(MAST) summer meeting – Hinkley, MN – July 13-14, 2017, noting that there will be no Oneida Business
Committee members attending this event, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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.
b. Approved travel request – Vice-Chairwoman Melinda J. Danforth – Partners in
Action conference – Prior Lake, MN – July 18 and/or 20, 2017 (3:12:16)
Requestor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Lisa Summers to enter the E-Poll results into the record for the travel request – ViceChairwoman Melinda J. Danforth – Partners in Action conference – Prior Lake, MN – July 18 and/or 20,
2017, noting an additional request for Councilman Tehassi Hill to attend as well, seconded by Jennifer
Webster. Motion carried with one abstention:
Secretary Lisa Summers departs at 11:47 a.m. before voting occurs.
Ayes:
Abstained:
Not Present:
Fawn Billie, David Jordan, Jennifer Webster
Tehassi Hill
Melinda J. Danforth, Trish King, Brandon Stevens, Lisa Summers
XII. 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)
Secretary Lisa Summers returns at 11:50 a.m.
A. Accept Petitioner Edward Delgado’s request to withdraw kindergarten retention petition
Sponsor:
Fawn Billie, Councilwoman (3:16:23)
Motion by Tehassi Hill to accept Petitioner Edward Delgado’s request to withdraw kindergarten retention
petition filed on November 12, 2016, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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.
Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017
Page 8 of 15
Public Packet
Page 25
DRAFT
B. Petitioner Sherrole Benton: Request to change pre-employment drug testing for marijuana
1. Accept status update as information (3:18:07)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Tehassi Hill to accept the status update as information regarding Petitioner Sherrole Benton:
Request to change pre-employment drug testing for marijuana, seconded by Jennifer Webster. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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.
EXCERPT FROM MAY 24, 2017: (1) Motion by Lisa Summers to accept the financial
analysis, seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa
Summers to direct the Secretary to come back with a proposed General Tribal Council date
for this item at the next regular Business Committee meeting; and to direct the Secretary to
follow-up with the petitioner to see if there’s an alternative way for the issue to be resolved,
seconded by Fawn Billie. Motion carried unanimously.
EXCERPT FROM MAY 10, 2017: Motion by Fawn Billie to defer the financial analysis to the
May 24, 2017 regular Business Committee meeting, seconded by David Jordan. Motion
carried unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Jennifer Webster to defer the financial analysis
to May 10, 2017, regular Business Committee meeting, seconded by Fawn Billie. Motion
carried unanimously.
EXCERPT FROM APRIL 12, 2017: (1) Motion by David Jordan to accept the legal analysis,
seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to
defer the financial analysis to the April 26, 2017, regular Business Committee meeting,
seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM MARCH 22, 2017: (1) Motion by David Jordan to accept the legislative
analysis, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by Tehassi Hill to
defer the legal analysis to the April 12, 2017, regular Business Committee meeting, seconded
by Lisa Summers. Motion carried unanimously. (3) Motion by David Jordan to defer the
financial analysis to the April 12, 2017, regular Business Committee meeting, seconded by
Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MARCH 8, 2017: (1) Motion by Brandon Stevens to accept the progress
report regarding legislative analysis, seconded by Tehassi Hill. Motion carried unanimously.
(2) Motion by Jennifer Webster to accept the progress report regarding the legal analysis,
seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Jennifer Webster to
accept the progress report regarding the financial analysis, seconded by Brandon Stevens.
Motion carried unanimously.
EXCERPT FROM JANUARY 11, 2017: (1) Motion by Lisa Summers to accept the verified
petition from Sherrole Benton regarding a request to change pre-employment drug testing for
marijuana use; to send the verified petition to the Law, Finance, Legislative Reference, and
Direct Report Offices for the legal, financial, legislative, and administrative analyses to be
completed; and to direct the Law, Finance, and Legislative Reference Offices to submit their
analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be
submitted in forty-five (45) days, seconded by Fawn Billie. Motion carried unanimously.
Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017
Page 9 of 15
Public Packet
Page 26
DRAFT
C. Approve four (4) actions regarding Petitioner Edward Delgado: Trust Land Distribution
Sponsor:
Lisa Summers, Tribal Secretary
No formal action was taken on this item.
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.
1. Accept legislative analysis
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Item deleted at the adoption of the agenda
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.
Councilman David Jordan departs at 11:56 a.m.
D. Accept correspondence to GTC dated June 19, 2017, as information (3:22:05)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to accept correspondence to GTC dated June 19, 2017, as information,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, David Jordan, Trish King, Brandon Stevens
For the record:
Chairwoman Tina Danforth stated I believe my constitutional rights were
violated in assisting my office of the Chairwoman to provide for a
General Tribal Council on June 28th. My office took the necessary steps
to provide for an agenda, to provide for the backup materials, to provide
for the mailer to go out, but when the Secretary took it upon herself to
have Printing not send out the mailer because she was informed
otherwise by the Business Committee’s e-poll and this is just now
coming to the agenda due to other delay of people’s availability, but
regardless of that, I think my office, the office of the Chairwoman did do
to the best of her ability in utilizing staff and resources to inform General
Tribal Council of a meeting for June 28th which would have met the 10
day notice policy had the June 16th not interfered and provide other
clarification, other unsolicited to the Print department.
For the record:
Secretary Lisa Summers stated I also have a for the record comments,
noting that the material submitted by the Chairwoman’s office for printing
for the June 28th date did not meet the 10 day notice requirement as it
had new items on the agenda with no backup material on them and that
the Printing department had notified the Chairwoman’s office when it was
submitted to them on June 13th that it would not meet the 10 day notice
requirements at that point and as a matter of fact had noticed the
Chairwoman’s office on at least two occasions that the materials did not
meet the 10 day notice requirements and that they did seek input from
the Secretary’s office as the normal process is. That a full analysis was
completed including the use of previous General Tribal Council
meetings, the 10 day notice policy which was adopted by General Tribal
Council, the Constitution, the Secretary’s job description, and all of the
applicable, and I believe there’s four of them legal opinions regarding this
subject.
Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017
Page 10 of 15
Public Packet
Page 27
DRAFT
For the record:
For the record:
Chairwoman Tina Danforth stated I just wanted to note that on June 13th
there was not a notice to my staff that we were not going to meet the 10
day requirements. The conversation on June 13th was that there was
other printing demands for the July 17th meeting and because of those
other printing demands we were advised to outsource the mailer and we
then took steps necessary to have the mailer outsourced to meet the 10
day notice requirement. Everything was done in accordance with
advisement of the Printing department in order to provide a 10 day notice
again until other analysis took place after the fact.
Secretary Lisa Summers stated I also want included then as well and I
believe this is a part of the analysis that the Printing department did
provide a chronology of events that took place between the Printing
department and your office and my office and indicated in that
chronology of events it is provided. I can definitely go back and double
check with them, but they did provide in writing that your office was
notified, Madam Chair, that the 10 day notice requirements would not be
met so that is information I need to go by because that came from the
staff.
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.
E. Approve August 14, 2017, special GTC meeting materials (00:07:20)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Lisa Summers to approve the August 14, 2017, special GTC meeting materials, seconded by
Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
F. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. 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
Requestor:
Brandon Stevens, Councilman
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: (3:48:52)
Ayes:
Fawn Billie, Tehassi Hill, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, David Jordan, Trish King, Brandon Stevens
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.
Motion by Lisa Summers to recess for ten minutes, seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, David Jordan, Trish King, Brandon Stevens
Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017
Page 11 of 15
Public Packet
Page 28
DRAFT
Meeting called to order by Chairwoman Danforth at 12:48 p.m.
Vice-Chairwoman Melinda J. Danforth, Councilman David Jordan, Treasurer Trish King, and Councilman
Brandon Stevens not present.
Councilman David Jordan returns at 12:53 p.m.
2. Approved correspondence which directs the Oneida Law Office to file a request with
the Judiciary to provide Declaratory, Injunctive, or Other Relief regarding requirement
to properly notice special GTC meeting materials for the identified June 28, 2017, date
Requestor:
Lisa Summers, Tribal Secretary (4:02:26)
Motion by Lisa Summers to enter the E-Poll results into the record for the approved correspondence
which directs the Oneida Law Office to file a request with the Judiciary to provide Declaratory, Injunctive,
or Other Relief regarding requirement to properly notice special GTC meeting materials for the identified
June 28, 2017, date, seconded by Tehassi Hill. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, Lisa Summers, Jennifer Webster
Abstained:
David Jordan
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
For the record:
Chairwoman Tina Danforth stated this is another example of where eight
individuals acted without consulting with myself as the Chair.
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.
3. Failed request to approve scheduling a special GTC meeting on October 22, 2017
Requestor:
Lisa Summers, Tribal Secretary (4:08:58)
Motion by Lisa Summers to enter the E-Poll results into the record for the failed request to approve
scheduling a special GTC meeting on October 22, 2017, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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.
4. Approved correspondence to be sent out organization-wide regarding request made
by Chairwoman Danforth which indicates her calling a special GTC meeting on June
28, 2017 (4:09:40)
Requestors:
Melinda J. Danforth, Tribal Vice-Chairwoman; Trish King, Tribal
Treasurer; Lisa Summers, Tribal Secretary; Fawn Billie, Councilwoman;
Tehassi Hill, Councilman; David Jordan, Councilman; Brandon Stevens,
Councilman; Jennifer Webster, Councilwoman
Motion by Lisa Summers to enter the E-Poll results into the record for the approved correspondence to be
sent out organization-wide regarding request made by Chairwoman Danforth which indicates her calling a
special GTC meeting on June 28, 201, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017
Page 12 of 15
Public Packet
Page 29
DRAFT
XIII. EXECUTIVE SESSION
A. REPORTS
1. Accept Chief Counsel report – Jo Anne House, Chief Counsel (4:10:30)
Motion by Lisa Summers to accept the Chief Counsel report dated July 11, 2017, seconded by Fawn
Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
C. AUDIT COMMITTEE (No Requested Action)
D. UNFINISHED BUSINESS
1. Defer report regarding contract # 2017-0088 to July 26, 2017, regular Business
Committee meeting (4:11:09)
Sponsors: Lisa Summers, Tribal Secretary; Jennifer Webster, Councilwoman
Motion by Lisa Summers to defer the report regarding contract # 2017-0088 to July 26, 2017, regular
Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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.
2. Determine next steps regarding non-gaming employee incentive proposal for FY18
Sponsor:
Geraldine Danforth, Area Manager/Human Resources Dept. (4:11:41)
Motion by Lisa Summers to accept the recommendations provided by the Human Resources Manager in
the memorandum dated July 11, 2017, titled Employee Incentive FY18, seconded by Tehassi Hill. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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.
EXCERPT FROM MAY 24, 2017: (1) Motion by Lisa Summers to accept the Gaming request
for the employment reinvestment strategy for Fiscal Year 2018 to include items 1, 2, and 3
with the agreed upon modifications, noting a final adjustment may be needed as the budget
process for the 2018 proceeds, seconded by Tehassi Hill. Motion carried unanimously. (2)
Motion by Fawn Billie for the Human Resources Department to bring back an employee
incentive proposal for the non-gaming entities for inclusion in the Fiscal Year 2018 budget,
seconded by Lisa Summers. Motion carried unanimously.
Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017
Page 13 of 15
Public Packet
Page 30
DRAFT
3. Review recommendation; and agree on final decision regarding complaints # 2017DR08-01, # 2017-DR08-02, and # 2017-DR08-03 (4:18:16)
Sponsors: David Jordan, Councilman; Brandon Stevens, Councilman; Jennifer Webster,
Councilwoman
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:
Ayes:
Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Abstained:
Fawn Billie
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
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.
E. NEW BUSINESS
1. Discussion regarding complaint # 2017-CC-05 (4:19:22)
Sponsor:
David Jordan, Councilman
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:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
2. Review community concern # 2017-CC-10 and determine next steps (4:20:15)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to support the Chairwoman’s request for a response from the Division Director
on the identified issue to indicate how and/or if the matter has been addressed with a time frame
included, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
3. Review complaint # 2017-DR11-01 (4:20:51)
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
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:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017
Page 14 of 15
Public Packet
Page 31
DRAFT
XIV. ADJOURN
Motion by Lisa Summers to adjourn at 1:06 p.m., seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Trish King, Brandon Stevens
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017
Page 15 of 15
Public Packet
Page 32
Public Packet
Page 33
Public Packet
Page 34
Public Packet
Page 35
Public Packet
Page 36
Public Packet
Page 37
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
7
/ 26 / 17
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:
Consider adoption of amendments to the Well Abandonment Law
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Adoption packet
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 38
Public Packet
Page 39
BC Resolution _____________
Well Abandonment Law Amendments
1
2
3
4
5
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
6
7
WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;
and
8
9
10
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
11
12
13
WHEREAS, the Oneida Business Committee originally adopted the Well Abandonment Law
through resolution BC-09-12-12-B and thereafter amended it through resolution
BC-08-31-94-A; and
14
15
16
17
WHEREAS, the Amendments to the Law transfer the Environment Resource Board’s original
hearing body authority and responsibilities to the Oneida Judiciary as part of an
effort to standardize and streamline all of the Nation’s hearing responsibilities;
and
18
19
WHEREAS, a public meeting on the proposed Amendments was held on June 15, 2017 in
accordance with the Legislative Procedures Act; and
20
21
NOW THEREFORE BE IT RESOLVED, that the Well Abandonment Law Amendments
are hereby adopted and shall become effective on October 1, 2017.
22
Public Packet
Page 40
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Well Abandonment Law Amendments
Summary
This Resolution adopts Amendments to the Well Abandonment Law Amendments (the “Law”)
which transfer the Environmental Resource Board’s original hearing body authority to the
Oneida Judiciary.
Submitted by: Krystal L. John, Staff Attorney, Oneida Law Office
Analysis by the Legislative Reference Office
As stated above, these amendments will transfer the delegation of original hearing body authority
from the Environmental Resource Board to the Oneida Judiciary. Such a transfer would
implicate the Judiciary law and the Environmental Resource Board’s by-laws.
The transfer of hearing body authority would fit into the Oneida Judiciary’s subject matter
jurisdiction according to the Judiciary law based on section 801.5-2, which provides that, “The
Trial Court shall have subject matter jurisdiction over cases and controversies arising under the
following… (a) Tribal laws which specifically authorize the Trial Court to exercise jurisdiction…”
Judiciary, 8 O.C. 801 § 801.5-2. These amendments to the Law specifically authorize the Trial
Court to exercise jurisdiction based on section 406.7-4. Contested Action Hearings, which reads as
follows:
All citations, penalties, forfeitures, orders and declarations issued pursuant to this law shall
include a pre-hearing date with the Judiciary Trial Court which shall be set for the next
scheduled monthly prehearing date that is at least thirty (30) days after the citation was
issued. Persons wishing to contest a citation shall appear at the prehearing, at which time the
Judiciary Trial Court shall accept pleas which either contest or admit committing the act for
which the citation was issued. The Judiciary shall schedule a hearing as expeditiously as
possible, provided that it shall be scheduled within ninety (90) days of the date of the
prehearing, for all persons entering a plea contesting the fact that they committed the act for
which a citation was issued. In addition to scheduling requested hearings, the Judiciary may
also make conditional orders at the prehearing which are effective until the matter is
resolved. …
(c) Appealing the Decision of the Judiciary Trial Court. Any person wishing to
contest the determination of the Judiciary Trial Court may appeal to the Judiciary
Court of Appeals in accordance with the Rules of Appellate Procedure. …
The Environmental Resource Board’s by-laws provide the Board’s duties and responsibilities,
among other things. Adoption of this law conflicts with the Board’s by-laws and the by-laws
recognize the Environmental Resource Board’s original hearing body authority in section 1-4.b.,
which reads as follows: “The ERB shall serve as the original hearing body in matters concerning
environmental and conservation laws and ordinances promulgated by the Oneida Tribe.”
Accordingly, if this resolution is adopted, the Environmental Resource Board’s by-laws would need
Page 1 of 2
Public Packet
Page 41
to be amended to remove the original hearing body authority from the Board’s duties and
responsibilities.
A public meeting was held for these Amendments on June 15, 2017 for which the public
comment period expired on June 22, 2017 in accordance with the Legislative Procedures Act.
There were not any oral or written comments submitted.
Conclusion
Adoption of this Resolution would require the Environmental Resource Board’s by-laws to be
amended to remove the original hearing body authority from the Board’s duties and responsibilities.
Page 2 of 2
Public Packet
Page 42
Analysis to OBC Consideration Drafts
2017 07 28
Hearing Authority Transfer
Legislative Analysis
SECTION 1. BACKGROUND
REQUESTER:
LOC
Intent of the
Amendments
Purpose
Affected Entities
Affected
Legislation
Enforcement/Due
Process
Public Meeting
SPONSOR:
Tehassi Hill
To further utilize the Judiciary.
DRAFTER:
Krystal L. John
ANALYST:
Candice E. Skenandore
To transfer the Environmental Resource Board (ERB) hearing authority to the
Judiciary.
Trial Court, ERB
Hunting, Fishing and Trapping law, Public Use of Tribal Land, Tribal
Environmental Response, Well Abandonment Law, All-Terrain Vehicle Law,
Water Resources Ordinance
ERB will no longer hold hearings; hearing will now be conducted by the Trial
Court in accordance with the Rules of Civil Procedure.
A public meeting was held on June 15, 2017.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2. LEGISLATIVE DEVELOPMENT
25
SECTION 3. CONSULTATION
A. Since 1985, ERB served as the hearing body authority over the Nation’s environmental regulations.
On May 2, 1990, the Oneida Business Committee established the Oneida Tribal Judicial System (aka
Oneida Appeals Commission) and General Tribal Council reauthorized the Oneida Tribal Judicial
System on August 19, 1991 [See BC Resolution 05-02-90 and GTC Resolution 8-19-91-A]. The
purpose of the Oneida Appeals Commission was to enhance and protect self-governance and
sovereignty as well as enhance the separation of powers between the legislative, executive and
juridical responsibilities of the Nation. The Oneida Appeals Commission removed the Oneida
Business Committee from initial judicial decisions [See GTC Resolution 8-19-91-A].
B. In 2013, the General Tribal Council changed the structure of the Oneida Tribal Judicial System by
creating an Oneida Judiciary comprised of the Tribal Court and a Court of Appeals through the
adoption of the Judiciary law. The purpose of the Judiciary is to grant the Trial Court and Court of
Appeals expanded subject matter jurisdiction and create a greater role for the use of mediation and/or
peacemaking [See GTC Resolution 01-07-13-B].
C. These proposed amendments will transfer hearing authority from ERB to the Trial Court. The
following laws are amended to reflect the transfer of hearing authority:
Hunting, Fishing and Trapping law (HTF)
Public Use of Tribal Land (Public Use)
Tribal Environmental Response (TERP)
Well Abandonment Law (Well Abandonment)
All-Terrain Vehicle Law (ATV)
Water Resources Ordinance (Water Resources)
On-Site Waste Disposal Ordinance (Waste Disposal)
Page 1 of 3
Public Packet
Page 43
Analysis to OBC Consideration Drafts
2017 07 28
26
27
A. ERB and the Trial Court have been consulted in the development of this legislative analysis.
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
SECTION 4. PROCESS
43
44
45
SECTION 5. CONTENTS OF THE LEGISLATION
A. These Laws have followed the process set forth in the Legislative Procedures Act (LPA) except that
the public meeting was not properly noticed to all managers or directors. The LPA requires the public
meeting notice, legislation, legislative analysis and fiscal impact statement, if fiscal impact statement is
available, to be electronically provided to all managers or directors a minimum of ten business days
before a public meeting is held [See Legislative Procedures Act, 1 O.C. 109.8-2 (b)]. The notice and
backup documents were provided electronically to all managers or directors on Tuesday, June 13, 2017;
the public meeting was held Thursday, June 15, 2017. The public meeting was properly noticed in the
Kalihwisaks and was made public on the Oneida Register at least ten business days prior to the public
meeting as required by the LPA [See Legislative Procedures Act, 1 O.C. 8-2 (a & b)]. The LOC
extended the public comment period for these laws for an additional five business days, ending on
Thursday, June 29, 2017.
B. A work meeting with ERB was held on Wednesday, May 17, 2017 and a work meeting with ERB and
the Judiciary was held on Monday, June 12, 2017.
A. The identified laws in Section 2.C of this analysis have been amended to state that the Trial Court is
the entity authorized to conduct hearings.
46
47
48
49
50
51
52
53
54
SECTION 6. INTENT
55
56
57
SECTION 7. EFFECT ON EXISTING LEGISLATION
58
59
60
61
62
63
SECTION 8. OTHER CONSIDERATIONS
A. The intent of these amendments is to further utilize the Oneida Judiciary. The LOC has already
decided to transfer hearing authority from identified entities to the Judiciary. The majority of the
Oneida Land Commission’s and some of the Trust Enrollments Committee’s hearing authority has
already transferred to the Judiciary. Because the LOC is currently working on amendments the
Domestic Animals law in which ERB has hearing authority, it was decided to amend all laws which
grant ERB hearing authority and transfer that authority to the Judiciary.
A. These amendments do not conflict with other laws or policies of the Nation.
A. The following table shows the type and approximate number of hearings ERB has held since 2012.
Included are hearings that pertain to Domestic Animals violations; however, the Domestic Animal
amendments are being processed separately in order to make further revisions. In total, ERB has held
approximately 69 hearings since 2012.
Page 2 of 3
Public Packet
Page 44
Analysis to OBC Consideration Drafts
2017 07 28
64
Waste Public
Water
Well
Domestic
TERP
TOTAL
Disposal
Use
Resources Abandonment Animal
2012
0
1
0
0
0
0
0
1
2
2013
0
5
0
0
0
0
0
0
5
2014
0
14
0
0
0
0
0
3
17
2015
0
0
0
1
0
0
0
6
7
2016
0
11
0
2
0
0
0
19
32
2017
0
2
0
0
0
0
0
4
6
TOTAL
0
33
0
3
0
0
0
33
69
B. Minor changes, including formatting, have been made to these laws to comply with drafting style.
These changes do not affect the content of these laws.
C. Please refer to the fiscal impact statement for any financial impacts.
ATV HFT
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
SECTION 9. ADDITIONAL AMENDMENTS
A. Hunting, Fishing, and Trapping law (Law). In additions to the amendments which transfer ERB’s
hearing authority to the Judiciary, additional amendments were made to the Hunting, Fishing, and
Trapping law. These amendments include revising section 406.4-3 which states that this Law does
not negate the jurisdiction of the State of Wisconsin in instances that involve non-member Indians
and non-Indians. This means that non-member Indians and non-Indians hunting, fishing and trapping
on land owned by the Nation must adhere to the Nation’s license, permit and tag requirements but
may also be subject to State requirements. In addition, license and permit holders cannot utilize
hunting, fishing, or trapping privileges within the Reservation using a State license that would
provide greater privileges than those afforded in this Law and any applicable rules [See Hunting,
Fishing and Trapping, 4 O.C. 406.4-3].
Page 3 of 3
Public Packet
Page 45
Public Packet
Page 46
Public Packet
Page 47
Public Packet
Page 48
Public Packet
Page 49
Public Packet
Page 50
Public Packet
Page 51
Public Packet
Page 52
Public Packet
Page 53
Public Packet
Page 54
FINANCE ADMINISTRATION
Fiscal Impact Statement
MEMORANDUM
DATE:
June 7, 2017
FROM:
Rae Skenandore, Project Manager
TO:
Larry Barton, Chief Financial Officer
Ralinda Ninham-Lamberies, Assistant Chief Financial Officer
RE:
Fiscal Impact of the transfer of the Environmental Resource Board’s
Hearing Authority to the Oneida Judiciary
I.
Estimated Fiscal Impact Summary
Law: Domestic Animal
Draft 19
Hunting, Fishing and Trapping law (HTF)
Draft 2
Public Use of Tribal Land (Public Use)
Draft 1
Tribal Environmental Response (TERP)
Draft 1
Well Abandonment Law (Well Abandonment)
Draft 1
All-Terrain Vehicle Law (ATV)
Draft 1
Water Resources Ordinance (Water Resources)
Draft 1
On-Site Waste Disposal Ordinance (Waste Disposal)
Draft 1
Oneida Police Department (OPD)
Conservation
Environmental Resource Board (ERB)
Emergency Management
Implementing Agency
Environmental Health and Safety Division
Comprehensive Health Division
Oneida Judiciary
January 1, 2018
Estimated time to comply
Estimated Impact
Current Fiscal Year
10 Year Estimate
ERB stipend savings $830
$8,300
Total Estimated Savings $830
$8,300
Revenue and cost considerations Fee Schedules should be removed from the various Laws
Uncertainties and Unknowns None
1
Public Packet
II.
Page 55
Background
A.
Legislative History
The Oneida Business Committee created the Environmental Resource Board
through Resolution BC-02-22-85-B. GTC Resolution 01-07-13-B established the
Oneida Judiciary.
B.
Summary of Content
1.
The Domestic Animal amendments are being processed separately in
order to make further revisions. However, it is included here because there are no
additional fiscal impacts due to the amendments.
2.
All Laws are being amended to state that the Trial Court is the entity
authorized to conduct hearings.
3.
Other minor changes, including formatting, have been made to these Laws
to comply with drafting style. These changes do not affect the content of these
Laws.
C.
Methodology and Assumptions
1.
A “Fiscal Impact Statement” means an estimate of the total identifiable
fiscal year financial effects associated with legislation and includes startup costs,
personnel, office, documentation costs, as well as an estimate of the amount of
time necessary for an agency to comply with the Law after implementation.
2.
Finance does NOT identify the source of funding for the estimated cost or
allocate any funds to the legislation.
3.
The analysis was completed based on the information provided as of the
date of this memo.
III.
Agency
The hearing authority will simply be transferred from ERB to the Judiciary. Historical
hearing stipends paid to the Board were $750 in 2017, $1,200 in 2016, and $700 in 2015.
Transferring the hearing authority to the Judiciary would result in an average savings of
approximately $830 annually. The Judiciary does not anticipate any additional costs as
this will simply be absorbed into their existing duties. ERB has stated that they expect
the transition of the hearing authority to be complete by January 1, 2018
Public Packet
Page 56
IV.
Financial Impact
Approximately $830 savings annually.
V.
Recommendation
Finance does not make a recommendation in regards to course of action in this matter.
Rather, it is the purpose of this report to disclose potential financial impact of an action,
so that the Oneida Business Committee and General Tribal Council has the information
with which to render a decision.
Public Packet
Page 57
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
7
/ 26 / 17
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:
Consider the adoption of amendments to the Tribal Environmental Response Law
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Adoption packet
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 58
Public Packet
Page 59
BC Resolution _____________
Tribal Environmental Response Law Amendments
1
2
3
4
5
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
6
7
WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;
and
8
9
10
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
11
12
13
WHEREAS, the Oneida Business Committee originally adopted the Tribal Environmental
Response Law through resolution BC-09-12-12-B and thereafter amended it
through resolution BC-02-25-15-C; and
14
15
16
17
WHEREAS, the Amendments to the Law transfer the Environment Resource Board’s original
hearing body authority and responsibilities to the Oneida Judiciary as part of an
effort to standardize and streamline all of the Nation’s hearing responsibilities;
and
18
19
WHEREAS, a public meeting on the proposed Amendments was held on June 15, 2017 in
accordance with the Legislative Procedures Act; and
20
21
NOW THEREFORE BE IT RESOLVED, that the Tribal Environmental Response Law
Amendments are hereby adopted and shall become effective on October 1, 2017.
22
Public Packet
Page 60
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Tribal Environmental Response Law Amendments
Summary
This Resolution adopts Amendments to the Tribal Environmental Response Law Amendments
(the “Law”) which transfer the Environmental Resource Board’s original hearing body authority
to the Oneida Judiciary.
Submitted by: Krystal L. John, Staff Attorney, Oneida Law Office
Analysis by the Legislative Reference Office
As stated above, these amendments will transfer the delegation of original hearing body authority
from the Environmental Resource Board to the Oneida Judiciary. Such a transfer would
implicate the Judiciary law and the Environmental Resource Board’s by-laws.
The transfer of hearing body authority would fit into the Oneida Judiciary’s subject matter
jurisdiction according to the Judiciary law based on section 801.5-2, which provides that, “The
Trial Court shall have subject matter jurisdiction over cases and controversies arising under the
following… (a) Tribal laws which specifically authorize the Trial Court to exercise jurisdiction…”
Judiciary, 8 O.C. 801 § 801.5-2. These amendments to the Law specifically authorize the Trial
Court to exercise jurisdiction based on section 401.10-3. Contested Action Hearings, which reads as
follows:
All citations, penalties, orders and declarations issued pursuant to this law shall include a prehearing date with the Judiciary Trial Court which shall be set for the next scheduled monthly
prehearing date that is at least thirty (30) days after the citation was issued. Persons wishing
to contest a citation shall appear at the prehearing, at which time the Judiciary Trial Court
shall accept pleas which either contest or admit committing the act for which the citation was
issued. The Judiciary shall schedule a hearing as expeditiously as possible, provided that it
shall be scheduled within ninety (90) days of the date of the prehearing, for all persons
entering a plea contesting the fact that they committed the act for which a citation was issued.
In addition to scheduling requested hearings, the Judiciary may also make conditional orders
at the prehearing which are effective until the matter is resolved. …
(c) Appealing the Decision of the Judiciary Trial Court. Any person wishing to
contest the determination of the Judiciary Trial Court may appeal to the Judiciary
Court of Appeals in accordance with the Rules of Appellate Procedure. …
The Environmental Resource Board’s by-laws provide the Board’s duties and responsibilities,
among other things. Adoption of this law conflicts with the Board’s by-laws and the by-laws
recognize the Environmental Resource Board’s original hearing body authority in section 1-4.b.,
which reads as follows: “The ERB shall serve as the original hearing body in matters concerning
environmental and conservation laws and ordinances promulgated by the Oneida Tribe.”
Accordingly, if this resolution is adopted, the Environmental Resource Board’s by-laws would need
Page 1 of 2
Public Packet
Page 61
to be amended to remove the original hearing body authority from the Board’s duties and
responsibilities.
A public meeting was held for these Amendments on June 15, 2017 for which the public
comment period expired on June 22, 2017 in accordance with the Legislative Procedures Act.
There were not any oral or written comments submitted.
Conclusion
Adoption of this Resolution would require the Environmental Resource Board’s by-laws to be
amended to remove the original hearing body authority from the Board’s duties and responsibilities.
Page 2 of 2
Public Packet
Page 62
Analysis to OBC Consideration Drafts
2017 07 28
Hearing Authority Transfer
Legislative Analysis
SECTION 1. BACKGROUND
REQUESTER:
LOC
Intent of the
Amendments
Purpose
Affected Entities
Affected
Legislation
Enforcement/Due
Process
Public Meeting
SPONSOR:
Tehassi Hill
To further utilize the Judiciary.
DRAFTER:
Krystal L. John
ANALYST:
Candice E. Skenandore
To transfer the Environmental Resource Board (ERB) hearing authority to the
Judiciary.
Trial Court, ERB
Hunting, Fishing and Trapping law, Public Use of Tribal Land, Tribal
Environmental Response, Well Abandonment Law, All-Terrain Vehicle Law,
Water Resources Ordinance
ERB will no longer hold hearings; hearing will now be conducted by the Trial
Court in accordance with the Rules of Civil Procedure.
A public meeting was held on June 15, 2017.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2. LEGISLATIVE DEVELOPMENT
25
SECTION 3. CONSULTATION
A. Since 1985, ERB served as the hearing body authority over the Nation’s environmental regulations.
On May 2, 1990, the Oneida Business Committee established the Oneida Tribal Judicial System (aka
Oneida Appeals Commission) and General Tribal Council reauthorized the Oneida Tribal Judicial
System on August 19, 1991 [See BC Resolution 05-02-90 and GTC Resolution 8-19-91-A]. The
purpose of the Oneida Appeals Commission was to enhance and protect self-governance and
sovereignty as well as enhance the separation of powers between the legislative, executive and
juridical responsibilities of the Nation. The Oneida Appeals Commission removed the Oneida
Business Committee from initial judicial decisions [See GTC Resolution 8-19-91-A].
B. In 2013, the General Tribal Council changed the structure of the Oneida Tribal Judicial System by
creating an Oneida Judiciary comprised of the Tribal Court and a Court of Appeals through the
adoption of the Judiciary law. The purpose of the Judiciary is to grant the Trial Court and Court of
Appeals expanded subject matter jurisdiction and create a greater role for the use of mediation and/or
peacemaking [See GTC Resolution 01-07-13-B].
C. These proposed amendments will transfer hearing authority from ERB to the Trial Court. The
following laws are amended to reflect the transfer of hearing authority:
Hunting, Fishing and Trapping law (HTF)
Public Use of Tribal Land (Public Use)
Tribal Environmental Response (TERP)
Well Abandonment Law (Well Abandonment)
All-Terrain Vehicle Law (ATV)
Water Resources Ordinance (Water Resources)
On-Site Waste Disposal Ordinance (Waste Disposal)
Page 1 of 3
Public Packet
Page 63
Analysis to OBC Consideration Drafts
2017 07 28
26
27
A. ERB and the Trial Court have been consulted in the development of this legislative analysis.
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
SECTION 4. PROCESS
43
44
45
SECTION 5. CONTENTS OF THE LEGISLATION
A. These Laws have followed the process set forth in the Legislative Procedures Act (LPA) except that
the public meeting was not properly noticed to all managers or directors. The LPA requires the public
meeting notice, legislation, legislative analysis and fiscal impact statement, if fiscal impact statement is
available, to be electronically provided to all managers or directors a minimum of ten business days
before a public meeting is held [See Legislative Procedures Act, 1 O.C. 109.8-2 (b)]. The notice and
backup documents were provided electronically to all managers or directors on Tuesday, June 13, 2017;
the public meeting was held Thursday, June 15, 2017. The public meeting was properly noticed in the
Kalihwisaks and was made public on the Oneida Register at least ten business days prior to the public
meeting as required by the LPA [See Legislative Procedures Act, 1 O.C. 8-2 (a & b)]. The LOC
extended the public comment period for these laws for an additional five business days, ending on
Thursday, June 29, 2017.
B. A work meeting with ERB was held on Wednesday, May 17, 2017 and a work meeting with ERB and
the Judiciary was held on Monday, June 12, 2017.
A. The identified laws in Section 2.C of this analysis have been amended to state that the Trial Court is
the entity authorized to conduct hearings.
46
47
48
49
50
51
52
53
54
SECTION 6. INTENT
55
56
57
SECTION 7. EFFECT ON EXISTING LEGISLATION
58
59
60
61
62
63
SECTION 8. OTHER CONSIDERATIONS
A. The intent of these amendments is to further utilize the Oneida Judiciary. The LOC has already
decided to transfer hearing authority from identified entities to the Judiciary. The majority of the
Oneida Land Commission’s and some of the Trust Enrollments Committee’s hearing authority has
already transferred to the Judiciary. Because the LOC is currently working on amendments the
Domestic Animals law in which ERB has hearing authority, it was decided to amend all laws which
grant ERB hearing authority and transfer that authority to the Judiciary.
A. These amendments do not conflict with other laws or policies of the Nation.
A. The following table shows the type and approximate number of hearings ERB has held since 2012.
Included are hearings that pertain to Domestic Animals violations; however, the Domestic Animal
amendments are being processed separately in order to make further revisions. In total, ERB has held
approximately 69 hearings since 2012.
Page 2 of 3
Public Packet
Page 64
Analysis to OBC Consideration Drafts
2017 07 28
64
Waste Public
Water
Well
Domestic
TERP
TOTAL
Disposal
Use
Resources Abandonment Animal
2012
0
1
0
0
0
0
0
1
2
2013
0
5
0
0
0
0
0
0
5
2014
0
14
0
0
0
0
0
3
17
2015
0
0
0
1
0
0
0
6
7
2016
0
11
0
2
0
0
0
19
32
2017
0
2
0
0
0
0
0
4
6
TOTAL
0
33
0
3
0
0
0
33
69
B. Minor changes, including formatting, have been made to these laws to comply with drafting style.
These changes do not affect the content of these laws.
C. Please refer to the fiscal impact statement for any financial impacts.
ATV HFT
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
SECTION 9. ADDITIONAL AMENDMENTS
A. Hunting, Fishing, and Trapping law (Law). In additions to the amendments which transfer ERB’s
hearing authority to the Judiciary, additional amendments were made to the Hunting, Fishing, and
Trapping law. These amendments include revising section 406.4-3 which states that this Law does
not negate the jurisdiction of the State of Wisconsin in instances that involve non-member Indians
and non-Indians. This means that non-member Indians and non-Indians hunting, fishing and trapping
on land owned by the Nation must adhere to the Nation’s license, permit and tag requirements but
may also be subject to State requirements. In addition, license and permit holders cannot utilize
hunting, fishing, or trapping privileges within the Reservation using a State license that would
provide greater privileges than those afforded in this Law and any applicable rules [See Hunting,
Fishing and Trapping, 4 O.C. 406.4-3].
Page 3 of 3
Public Packet
Page 65
For OBC Consideration (Draft 1)
2017 07 26 – Clean
Title 4. Environment and Natural Resources—Chapter 401
TRIBAL ENVIRONMENTAL RESPONSE
Latihw<tsyahal#=tu kayanl^hsla>
They clean up the earth laws
401.1. Purpose and Policy
401.2. Adoption, Amendment, Conflicts
401.3. Definitions
401.4. Jurisdiction
401.5. Tribal Environmental Response Program (TERP)
401.6. Environmental Quality Standards
401.7. Discharge of Hazardous Substances
401.8. Remedial Actions
401.9. Case Closure or No Further Action
401.10. Enforcement and Penalties
401.11. Appeals
1
2
3
4
5
6
7
8
9
10
11
12
13
401.1.
Purpose and Policy
401.1-1. The purpose of this law is to:
(a) regulate the identification, investigation and remediation of discharges of hazardous
substances to the environment;
(b) identify sites where the discharge of a hazardous substance into the environment has
occurred; and
(c) eliminate contamination from and control the threat of, or actual discharge of
hazardous substances.
401.1-2. It is the policy of the Nation to:
(a) respond to discharges of hazardous substances and environmental contamination
concerns; and
(b) ensure remedial action is taken to redevelop contaminated lands and maintain the
health and welfare of the environment.
14
15
16
17
18
19
20
21
22
23
24
25
401.2.
Adoption, Amendment, Conflicts
401.2-1. This law is adopted by the Oneida Business Committee by resolution BC-09-12-12-B
and amended by resolution BC-02-25-15-C.
401.2-2. This law may be amended pursuant to the procedures set out in Tribal law by the
Oneida Business Committee or the Oneida General Tribal Council.
401.2-3. 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.
401.2-4. In the event of a conflict between a provision of this law and a provision of another
law, the provisions of this law shall control. Provided that, nothing in this law is intended to
repeal or modify any existing law, policy, regulation, rule, resolution, or motion.
401.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
26
27
28
29
30
31
32
33
34
401.3.
Definitions
401.3-1. 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) “All Appropriate Inquiries” means the process of evaluating a property’s
environmental conditions and assessing the likelihood of any contamination in
compliance with the All Appropriate Inquiries Final Rule at 40 CFR 312.
(b) “Contamination” or “contaminated” means the environment has been affected by a
hazardous substance to the point that remedial action is necessary to restore the
environment.
4 O.C. 401—Page 1
Public Packet
Page 66
For OBC Consideration (Draft 1)
2017 07 26 – Clean
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
(c) “Discharge” means, but is not limited to, spilling, leaking, pumping, pouring,
emitting, emptying, releasing or dumping.
(d) “Dispose” or “disposal” means the deposit, injection, or placing of any hazardous
substance in a manner which may permit the substance to be discharged to the
environment.
(e) “Free product” means a hazardous substance that is present in the environment as a
floating or sinking non-aqueous phase liquid.
(f) “Groundwater” means any water contained beneath the ground surface.
(g) “Hazardous substance” means any substance or combination of substances, including
any waste of a solid, semi-solid, liquid or gaseous form, which may cause or significantly
contribute to an increase in mortality or serious irreversible or incapacitating reversible
illness, or which may pose a substantial present or potential hazard to human health or the
environment because of its quantity, concentration or physical, chemical or infectious
characteristics. This term includes, but is not limited to:
(1) a substance defined in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 USC §9601 as amended, as a
hazardous substance.
(2) those substances which are toxic, corrosive, flammable, irritants, strong
sensitizers or explosives.
(3) petroleum, including crude oil or any fraction thereof that is liquid at standard
conditions of temperature and pressure.
(h) “Immediate action” means a remedial action that is taken within a short period of
time after the discharge of a hazardous substance or contamination occurs, or after the
discovery of the discharge or contamination.
(j) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
(k) “Operator” means any person who operates a site.
(l) “Owner” means any person who owns or who receives direct or indirect consideration
from the operation of a site regardless of whether the site remains in operation and
regardless of whether the person owns or receives consideration at the time
contamination occurs.
(m) “Person” means an individual, owner, operator, entity, corporation, partnership,
association, municipality, interstate agency, state agency or federal agency.
(n) “Practicable” means remedial action is capable of being implemented, taking into
account:
(1) The technical feasibility of the remedial action, considering its long-term
effectiveness, short-term effectiveness, implementability and the time it will take
until restoration is achieved; and
(2) The economic feasibility of the remedial action, considering the cost of the
remedial action compared to its technical feasibility.
(o) “Registered pesticide” means a pesticide registered or exempted by the federal
Environmental Protection Agency’s Office of Pesticide Programs.
(p) “Remedial action” means any action taken to control, minimize or eliminate the
discharge of a hazardous substance at or contamination of a site and any action taken to
restore the environment to the extent practicable.
(q) “Responsible party” means any person who, under this law, is required to:
4 O.C. 401—Page 2
Public Packet
Page 67
For OBC Consideration (Draft 1)
2017 07 26 – Clean
82
83
84
85
86
87
88
89
90
91
92
93
(1) take action to prevent or abate contamination, a threat of contamination, the
discharge of a hazardous substance or threat of a discharge; or
(2) reimburse a Tribal entity for the costs incurred by the entity to take action to
prevent or abate contamination or threat of contamination or the discharge of a
hazardous substance or threat of a discharge.
(r) “Restore” or “restoration” means to return the environment to its original condition
before the discharge of a hazardous substance or contamination of the site occurred.
(s) “Site” means any area where contamination has occurred or is suspected of occurring,
including a place of business that handles, transports or stores hazardous substances and
is required to track such materials.
(t) “Tribal entity” means a board, committee, commission, department, division, or
agency of the Nation.
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
401.4.
Jurisdiction
401.4-1. Personal Jurisdiction. This law shall apply to:
(a) all Oneida Tribal members, Tribal entities, Tribal corporations and members of other
federally recognized tribes;
(b) individuals and businesses leasing, occupying or otherwise using Tribal fee land and
all Tribal trust lands; and
(c) individuals who have consented to the jurisdiction of the Nation or as otherwise
consistent with federal law. For purposes of this subsection, an individual shall have
consented to the jurisdiction of the Nation:
(1) By entering into a consensual relationship with the Nation, Tribal entities,
Tribal corporations, or Tribal members, including but not limited to contracts or
other agreements; or
(2) By other facts which manifest an intent to consent to the authority of the
Nation, including failure to raise an objection to the exercise of personal
jurisdiction in a timely manner.
401.4-2. Territorial Jurisdiction. This law extends to all land within the exterior boundaries of
the Reservation of the Nation, as established pursuant to the 1838 Treaty with the Oneida, 7 Stat.
566, any lands added thereto pursuant to federal law and all lands held in trust for the Nation
within the State of Wisconsin.
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
401.5.
Tribal Environmental Response Program (TERP)
401.5-1. The Environmental Health and Safety Division (Division) shall create a Tribal
Environmental Response Program (TERP). The purpose of the TERP shall be to address the
discharge or potential discharge of a hazardous substance that has resulted in or may result in
contamination of the environment.
401.5-2. Under the TERP, the Division shall:
(a) provide opportunities for public participation for the identification, restoration and
reuse of contaminated sites.
(b) conduct and/or oversee assessments and investigations of sites with contamination
concerns.
(c) identify potentially responsible parties to clean up contaminated sites.
(d) require appropriate remedial action be taken when contaminated sites are identified
and develop a plan or ensure a plan is developed for the undertaking of those remedial
actions.
(e) oversee and enforce required remedial actions.
4 O.C. 401—Page 3
Public Packet
Page 68
For OBC Consideration (Draft 1)
2017 07 26 – Clean
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
(f) develop mechanisms for the approval, certification, and verification of remedial
actions taken at a site.
(g) maintain a public record of remedial actions conducted at a contaminated site.
401.5-3. Issuance of Administrative Orders. The Division shall issue administrative orders, as
necessary, when the discharge of a hazardous substance occurs, or when contamination, or the
threat of contamination, exists. Before issuing an administrative order, the Division shall consult
with other Tribal entities having expertise in the subject matter of the order. Administrative
orders may include:
(a) orders to prevent the discharge of a hazardous substance.
(b) orders to allow the investigation of a site it has reason to believe is contaminated or is
under threat of contamination.
(c) orders to require a responsible party to take action to prevent and/or abate
contamination.
401.5-4. Emergency Situations. Chapter 302 of the Oneida Code of Laws, Emergency
Management and Homeland Security, shall govern the response to the discharge of a hazardous
substance which results in the proclamation of an emergency.
144
145
146
147
148
149
150
151
152
153
154
155
156
401.6.
Environmental Quality Standards
401.6-1. The Division shall adopt and revise, as necessary, standards for environmental quality
that are protective of public health and the environment, recognizing that different standards may
be required, depending on the designated uses of the land and groundwater.
401.6-2. Before adopting or revising environmental quality standards, the Division shall
publish notice in two (2) consecutive issues of the Kalihwisaks on the standards that are under
consideration for adoption or revision.
(a) The notice shall contain a deadline for comments to be received from any person.
(b) The Division shall review and consider comments received before approving the new
or revised standards.
401.6-3. Environmental quality standards adopted by the Division shall become effective upon
Oneida Business Committee approval, except those standards that are consistent with federal
standards shall be effective upon approval by the Division.
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
401.7.
Discharge of Hazardous Substances
401.7-1. Notification of Discharge. Unless exempted from notifying the Division under 401.710, the following individuals shall notify the Division immediately of the discharge of a
hazardous substance or threat of such discharge:
(a) Any person who possesses or controls a hazardous substance which is discharged;
(b) Any person who causes the discharge of a hazardous substance; and
(c) Any person who has professional knowledge that the discharge of a hazardous
substance has occurred at a site, or there is a threat of such discharge.
401.7-2. Investigation of Discharge. When the Division is notified of or becomes aware of the
discharge of a hazardous substance, or threat of such discharge, it shall identify any responsible
parties and issue an administrative order for the responsible parties to have an investigation
conducted of the site. The Division may also issue an administrative order requiring the
responsible party take action to abate and/or prevent the discharge. The Division may specify
any necessary preventative measures or remedial actions in the administrative order.
401.7-3. Determination of Contamination. After being issued an administrative order for
an investigation, the responsible parties shall have an initial assessment conducted to
determine whether the discharge of a hazardous substance has occurred and whether any
4 O.C. 401—Page 4
Public Packet
Page 69
For OBC Consideration (Draft 1)
2017 07 26 – Clean
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
discharge has caused contamination. The initial assessment shall include sampling and/or
testing of the site where the discharge of a hazardous substance has occurred.
(a) Evidence that indicates contamination of a site has occurred, or may have
occurred includes, but is not limited to:
(1) visible soil contamination;
(2) presence of free product or vapors in soils, basements, sewers or utility
lines, surface water or groundwater; and
(3) reports, environmental assessments or routinely gathered monitoring data
that indicates contamination has occurred or may have occurred.
(b) Groundwater samples shall be collected for analysis and evaluation to determine
whether the groundwater poses any public health and welfare concerns.
(c) Whether contamination exists shall be based on the level of contamination as
compared to environmental quality standards adopted by the Nation.
401.7-4. The Division shall evaluate the harmfulness of the discharge of a hazardous substance
based on the initial assessment and shall:
(a) publish the results of the initial assessment, along with a notice that the Division will
accept comments on the results for at least thirty (30) days after the initial publication, in
two (2) consecutive issues of the Kalihwisaks; and
(b) mail the results of the initial assessment, along with a notice that the Division will
accept comments on the results for at least thirty (30) days after the initial publication of
the results in the Kalihwisaks, to all owners of property located within one thousand two
hundred (1,200) feet of the outer boundaries of the property that is the subject of the
initial assessment.
401.7-5. The Division shall accept comments on the results of the initial assessment for at least
thirty (30) days after the initial publication of the results in the Kalihwisaks. The Division shall
compile, review and respond to all comments. Responses will be recorded and published in a
document available to the public.
401.7-6. A person who possesses or controls a hazardous substance which is discharged or
causes the contamination of a site shall take remedial action.
401.7-7. A person who voluntarily assumes responsibility for performance of, or payment of,
remedial actions in accordance with a plan that has been approved through the TERP, shall not
be subject to enforcement actions for the contamination if he or she complies with the plan.
401.7-8. Except as provided in 401.7-10, the following persons are responsible parties:
(a) The current owner and operator of the site;
(b) Any owner or operator of the site at the time the discharge or contamination occurred;
(c) Any person who arranged for the disposal or treatment of the hazardous substance, or
arranged for the transportation of the hazardous substance for disposal or treatment;
(d) Any person who transports the hazardous substance and selects the disposal site; and
(e) Any person who, by any act or omission, caused or contributed to the discharge or
contamination.
401.7-9. Exemptions. The following persons are not “responsible parties” under this law:
(a) Any person discharging in accordance with a permit or program approved under
federal or Tribal law.
(b) Law enforcement officers and members of a fire department using hazardous
substances in carrying out their responsibilities to protect public health, safety and
welfare. However, these individuals shall notify the Division of any discharges of a
hazardous substance occurring in the performance of their duties.
4 O.C. 401—Page 5
Public Packet
Page 70
For OBC Consideration (Draft 1)
2017 07 26 – Clean
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
(c) Any person applying a registered pesticide according to the label instructions, or
applying a fertilizer at or below normal and beneficial agronomic rates. These
individuals are also exempted from the notification and penalty requirements of this law.
(d) Any person who can establish that the discharge or threatened discharge of a
hazardous substance for which the person would be otherwise responsible was caused
solely by:
(1) An act of nature;
(2) An act of war; or
(3) An act or omission of a third party, including but not limited to a trespasser,
other than:
(A) An employee or agent of the person asserting the defense; or
(B) Any person whose act or omission occurs in connection with a
contractual relationship existing, directly or indirectly, with the person
asserting the defense.
(e) Any person who is an owner, past owner, or purchaser of property and who can
establish by a preponderance of the evidence that at the time the property was acquired
by the person, the person had no knowledge or reason to know that the property was
contaminated, or that a hazardous substance was discharged or disposed of on, in or at the
property.
(1) To establish that a person had no reason to know what the person was
undertaking at the time of acquisition, All Appropriate Inquiries shall be taken
into the previous ownership and uses of the property.
(f) Any person who purchases property after January 11, 2002 with knowledge that it is
contaminated if:
(1) the person did not cause the contamination on the property;
(2) the person establishes that all disposal of hazardous substances occurred
before the person acquired the property;
(3) the person makes All Appropriate Inquiries into previous ownership and uses
of the property prior to acquiring the property; and
(4) the person is not affiliated with a party liable for any contamination.
401.7-10. Where there is an unresponsive or unknown responsible party, the Division may refer
the site to the appropriate outside agency to retain contractors or consultants, and take other
necessary actions to conduct remedial action or have remedial action conducted at a site.
254
255
256
257
258
259
260
261
262
263
264
265
266
267
401.8.
Remedial Actions
401.8-1. A responsible party shall take immediate action to halt the discharge of a hazardous
substance and to minimize the harmful effects of the discharge.
401.8-2. If, after the initial assessment, it is determined that the discharge may cause
contamination or has caused contamination, the Division shall issue an administrative order to
the responsible party or parties to take remedial action or have remedial action conducted on the
site.
401.8-3. The Division shall determine the appropriate remedial actions, including the time
frame, to be taken in the event a site is contaminated. Remedial actions may include:
(a) the replacement and/or removal of injured plant and animal life or contaminated soil.
(b) the treatment of contaminated soils and/or surface and/or groundwater.
(c) adequate storage, handling and disposal methods to prevent further and/or future
discharges and contamination from occurring.
(d) the replacement or repair of faulty equipment.
4 O.C. 401—Page 6
Public Packet
Page 71
For OBC Consideration (Draft 1)
2017 07 26 – Clean
268
269
270
271
272
273
274
275
276
277
278
279
(e) other remedial actions that restore the environment and/or protect the environment
from the contamination, as determined by the Division.
401.8-4. Where it is determined by the Division that immediate remedial action is not being
taken, but is necessary to protect the public health, safety or welfare or the environment, the
Division may conduct remedial action or have remedial action conducted. Costs of any such
action may be recovered from any or all responsible parties.
401.8-5. In addition to the requirements of this law, the Division shall comply with all
applicable federal laws when the discharge or threat of a discharge of a hazardous substance
occurs.
401.8-6. Each responsible party is strictly liable, jointly and severally, for all remedial action
costs and for all damages resulting from the discharge or threatened discharge of a hazardous
substance.
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
401.9.
Case Closure or No Further Action
401.9-1. The Division may close a case concerning a site or verify that no further action is
necessary, upon compliance with the applicable requirements of this law and any administrative
orders issued by the Division, including the completion of remedial actions. The Division shall
conduct investigations and inspections to ensure compliance with any administrative order it has
issued.
401.9-2. Sampling shall be conducted at the completion of the remedial action when:
(a) The hazardous substance discharge is in contact with groundwater.
(b) The amount, identity or duration of the contamination is unknown.
(c) Other site conditions indicate that sampling is necessary to confirm the adequacy of
the remedial action.
401.9-3. The Division may require additional remedial actions, including monitoring, for any
site, even those cases that have been closed by the Division, if information regarding site
conditions indicates that contamination on or from the site poses a threat to public health, safety
or welfare or the environment.
401.9-4. If additional remedial action is required for a previously closed case, the Division:
(a) Shall indicate in writing to the responsible parties that additional remedial action is
needed at the site and provide the responsible parties with information regarding the
nature of the problem and type of remedial action that is needed.
(b) May require the responsible parties to achieve compliance with the Nation’s public
health and environmental laws, within a time period established by the Division.
301
302
303
304
305
306
307
308
309
310
311
312
313
401.10. Violations, Enforcement and Appeals
401.10-1. Compliance Orders. If, after issuing an administrative order, the Division determines
that a violation of the administrative order exists, it shall issue a compliance order which requires
the responsible parties to:
(a) Take remedial action to prevent or abate the discharge of a hazardous substance;
and/or
(b) Allow the investigation of a site believed to be contaminated or under threat of
contamination.
401.10-2. Penalty Schedule. The Environmental Resource Board is delegated rulemaking
authority to adopt a penalty schedule, upon recommendation of the Division, for violations of
this law. Any person who does not comply with a compliance order issued by the Division may
receive a penalty in accordance with the fine schedule. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
4 O.C. 401—Page 7
Public Packet
Page 72
For OBC Consideration (Draft 1)
2017 07 26 – Clean
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
(a) Any order issued pursuant to this law that is not complied with may be physically
enforced by the Division at the Owner’s expense.
(b) Any person who is a lessee of the Nation who violates any provision of this law or
any compliance order issued by the Division shall have said case referred to the Division
of Land Management to consider potential lease violations.
401.10-3. Contested Action Hearings. All citations, penalties, orders and declarations issued
pursuant to this law shall include a pre-hearing date with the Judiciary Trial Court which shall be
set for the next scheduled monthly prehearing date that is at least thirty (30) days after the
citation was issued. Persons wishing to contest a citation shall appear at the prehearing, at which
time the Judiciary Trial Court shall accept pleas which either contest or admit committing the act
for which the citation was issued. The Judiciary shall schedule a hearing as expeditiously as
possible, provided that it shall be scheduled within ninety (90) days of the date of the prehearing,
for all persons entering a plea contesting the fact that they committed the act for which a citation
was issued. In addition to scheduling requested hearings, the Judiciary may also make
conditional orders at the prehearing which are effective until the matter is resolved.
(a) Community Service. Community service may be substituted for fines at the
Judiciary’s discretion, provided that, if so substituted, the Judiciary shall use the rate of
one (1) hour per ten dollars ($10.00) of the fine.
(b) Allocation of Citation Revenue. All fines and penalties issued by citations are
payable to the Environmental Resource Board or its designee, the proceeds of which the
Environmental Resource Board shall contribute to the Nation’s general fund.
(c) Appealing the Decision of the Judiciary Trial Court. Any person wishing to contest
the determination of the Judiciary Trial Court may appeal the applicable determination to
the Judiciary’s Court of Appeals in accordance with the Rules of Appellate Procedure.
(d) Pursuing Payment of a Citation. The Environmental Resource Board may pursue
payment from parties who have failed to make the required payments through the
garnishment process contained in the Garnishment law and/or by attaching a Tribal
member’s per capita payment pursuant to the Per Capita law.
End.
Adopted – BC-09-12-12-B
Amended – BC-02-25-15-C
4 O.C. 401—Page 8
Public Packet
Page 73
For OBC Consideration (Draft 1) redline to current
2017 07 26
Title 4. Environment and Natural Resources—Chapter 401
TRIBAL ENVIRONMENTAL RESPONSE
Latihw<tsyahal#=tu kayanl^hsla>
They clean up the earth laws
401.1. Purpose and Policy
401.2. Adoption, Amendment, Conflicts
401.3. Definitions
401.4. Jurisdiction
401.5. Tribal Environmental Response Program (TERP)
401.6. Environmental Quality Standards
401.7. Discharge of Hazardous Substances
401.8. Remedial Actions
401.9. Case Closure or No Further Action
401.10. Enforcement and Penalties
401.11. Appeals
1
2
3
4
5
6
7
8
9
10
11
12
13
401.1.
Purpose and Policy
401.1-1. The purpose of this law is to:
(a)
regulate the identification, investigation and remediation of discharges of
hazardous substances to the environment;
(b) identify sites where the discharge of a hazardous substance into the environment has
occurred; and
(c) eliminate contamination from and control the threat of, or actual discharge of
hazardous substances.
401.1-2. It is the policy of the TribeNation to:
(a) respond to discharges of hazardous substances and environmental contamination
concerns; and
(b) ensure remedial action is taken to redevelop contaminated lands and maintain the
health and welfare of the environment.
14
15
16
17
18
19
20
21
22
23
24
25
26
401.2.
Adoption, Amendment, Conflicts
401.2-1. This law is adopted by the Oneida Business Committee by resolution BC-09-12-12-B
and amended by resolution BC-02-25-15-C.
401.2-2. This law may be amended pursuant to the procedures set out in Tribal law by the
Oneida Business Committee or the Oneida General Tribal Council.
401.2-3. 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.
401.2-4. In the event of a conflict between a provision of this law and a provision of another
law, the provisions of this law shall control. Provided that, nothing in this law is intended to
repeal or modify any existing law, policy, regulation, rule, resolution, or motion.
401.2-5. This law is adopted under authority of the Constitution of the Oneida Tribe of Indians
of WisconsinNation.
27
28
29
30
31
32
33
34
35
401.3.
Definitions
401.3-1. 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)
“All Appropriate Inquiries” means the process of evaluating a property’s
environmental conditions and assessing the likelihood of any contamination in
compliance with the All Appropriate Inquiries Final Rule at 40 CFR 312.
(b)
“Contamination” or “contaminated” means the environment has been affected by
a hazardous substance to the point that remedial action is necessary to restore the
environment.
4 O.C. 401—Page 1
Public Packet
Page 74
For OBC Consideration (Draft 1) redline to current
2017 07 26
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
(c)
“Discharge” means, but is not limited to, spilling, leaking, pumping, pouring,
emitting, emptying, releasing or dumping.
(d)
“Dispose” or “disposal” means the deposit, injection, or placing of any hazardous
substance in a manner which may permit the substance to be discharged to the
environment.
(e)
“Free product” means a hazardous substance that is present in the environment as
a floating or sinking non-aqueous phase liquid.
(f) “Groundwater” means any water contained beneath the ground surface.
(g)
“Hazardous substance” means any substance or combination of substances,
including any waste of a solid, semi-solid, liquid or gaseous form, which may cause or
significantly contribute to an increase in mortality or serious irreversible or incapacitating
reversible illness, or which may pose a substantial present or potential hazard to human
health or the environment because of its quantity, concentration or physical, chemical or
infectious characteristics. This term includes, but is not limited to:
(1)
a substance defined in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 USC §9601 as amended, as a
hazardous substance.
(2)
those substances which are toxic, corrosive, flammable, irritants, strong
sensitizers or explosives.
(3)
petroleum, including crude oil or any fraction thereof that is liquid at
standard conditions of temperature and pressure.
(h)
“Immediate action” means a remedial action that is taken within a short period of
time after the discharge of a hazardous substance or contamination occurs, or after the
discovery of the discharge or contamination.
(j) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the TribeNation.
(k)
“Operator” means any person who operates a site.
(l) “Owner” means any person who owns or who receives direct or indirect consideration
from the operation of a site regardless of whether the site remains in operation and
regardless of whether the person owns or receives consideration at the time
contamination occurs.
(m)
“Person” means an individual, owner, operator, entity, corporation, partnership,
association, municipality, interstate agency, state agency or federal agency.
(n)
“Practicable” means remedial action is capable of being implemented, taking into
account:
(1)
The technical feasibility of the remedial action, considering its long-term
effectiveness, short-term effectiveness, implementability and the time it will take
until restoration is achieved; and
(2)
The economic feasibility of the remedial action, considering the cost of the
remedial action compared to its technical feasibility.
(o)
“Registered pesticide” means a pesticide registered or exempted by the federal
Environmental Protection Agency’s Office of Pesticide Programs.
(p)
“Remedial action” means any action taken to control, minimize or eliminate the
discharge of a hazardous substance at or contamination of a site and any action taken to
restore the environment to the extent practicable.
(q)
“Responsible party” means any person who, under this law, is required to:
4 O.C. 401—Page 2
Public Packet
Page 75
For OBC Consideration (Draft 1) redline to current
2017 07 26
83
84
85
86
87
88
89
90
91
92
93
94
(1)
take action to prevent or abate contamination, a threat of contamination,
the discharge of a hazardous substance or threat of a discharge; or
(2)
reimburse a Tribal entity for the costs incurred by the entity to take action
to prevent or abate contamination or threat of contamination or the discharge of a
hazardous substance or threat of a discharge.
(r) “Restore” or “restoration” means to return the environment to its original condition
before the discharge of a hazardous substance or contamination of the site occurred.
(s)
“Site” means any area where contamination has occurred or is suspected of
occurring, including a place of business that handles, transports or stores hazardous
substances and is required to track such materials.
(t) “Tribal entity” means a board, committee, commission, department, division, or
agency of the Oneida Tribe of Indians of WisconsinNation.
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
401.4.
Jurisdiction
401.4-1. Personal Jurisdiction. This law shall apply to:
(a)
all Oneida Tribal members, Tribal entities, Tribal corporations and members of
other federally recognized tribes;
(b)
individuals and businesses leasing, occupying or otherwise using Tribal fee land
and all Tribal trust lands; and
(c)
individuals who have consented to the jurisdiction of the TribeNation or as
otherwise consistent with federal law. For purposes of this subsection, an individual shall
have consented to the jurisdiction of the TribeNation:
(1)
By entering into a consensual relationship with the TribeNation, Tribal
entities, Tribal corporations, or Tribal members, including but not limited to
contracts or other agreements; or
(2)
By other facts which manifest an intent to consent to the authority of the
TribeNation, including failure to raise an objection to the exercise of personal
jurisdiction in a timely manner.
401.4-2. Territorial Jurisdiction. This law extends to all land within the exterior boundaries of
the Reservation of the TribeNation, as established pursuant to the 1838 Treaty with the Oneida, 7
Stat. 566, any lands added thereto pursuant to federal law and all lands held in trust for the
TribeNation within the State of Wisconsin.
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
401.5.
Tribal Environmental Response Program (TERP)
401.5-1. The Environmental Health and Safety Division (Division) shall create a Tribal
Environmental Response Program (TERP). The purpose of the TERP shall be to address the
discharge or potential discharge of a hazardous substance that has resulted in or may result in
contamination of the environment.
401.5-2. Under the TERP, the Division shall:
(a)
provide opportunities for public participation for the identification, restoration and
reuse of contaminated sites.
(b)
conduct and/or oversee assessments and investigations of sites with contamination
concerns.
(c)
identify potentially responsible parties to clean up contaminated sites.
(d)
require appropriate remedial action be taken when contaminated sites are
identified and develop a plan or ensure a plan is developed for the undertaking of those
remedial actions.
(e)
oversee and enforce required remedial actions.
4 O.C. 401—Page 3
Public Packet
Page 76
For OBC Consideration (Draft 1) redline to current
2017 07 26
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
(f) develop mechanisms for the approval, certification, and verification of remedial
actions taken at a site.
(g)
maintain a public record of remedial actions conducted at a contaminated site.
401.5-3. Issuance of Administrative Orders. The Division shall issue administrative orders, as
necessary, when the discharge of a hazardous substance occurs, or when contamination, or the
threat of contamination, exists. Before issuing an administrative order, the Division shall consult
with other Tribal entities having expertise in the subject matter of the order. Administrative
orders may include:
(a)
orders to prevent the discharge of a hazardous substance.
(b)
orders to allow the investigation of a site it has reason to believe is contaminated
or is under threat of contamination.
(c)
orders to require a responsible party to take action to prevent and/or abate
contamination.
401.5-4. Emergency Situations. Chapter 35302 of the Oneida Code of Laws, Emergency
Management and Homeland Security, shall govern the response to the discharge of a hazardous
substance which results in the proclamation of an emergency.
145
146
147
148
149
150
151
152
153
154
155
156
157
401.6.
Environmental Quality Standards
401.6-1. The Division shall adopt and revise, as necessary, standards for environmental quality
that are protective of public health and the environment, recognizing that different standards may
be required, depending on the designated uses of the land and groundwater.
401.6-2. Before adopting or revising environmental quality standards, the Division shall
publish notice in two (2) consecutive issues of the Kalihwisaks on the standards that are under
consideration for adoption or revision.
(1) a) The notice shall contain a deadline for comments to be received from any person.
(2) b) The Division shall review and consider comments received before approving the
new or revised standards.
401.6-3. Environmental quality standards adopted by the Division shall become effective upon
Oneida Business Committee approval, except those standards that are consistent with federal
standards shall be effective upon approval by the Division.
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
401.7.
Discharge of Hazardous Substances
401.7-1. Notification of Discharge. Unless exempted from notifying the Division under 401.710, the following individuals shall notify the Division immediately of the discharge of a
hazardous substance or threat of such discharge:
(a)
Any person who possesses or controls a hazardous substance which is discharged;
(b)
Any person who causes the discharge of a hazardous substance; and
(c)
Any person who has professional knowledge that the discharge of a hazardous
substance has occurred at a site, or there is a threat of such discharge.
401.7-2. Investigation of Discharge. When the Division is notified of or becomes aware of the
discharge of a hazardous substance, or threat of such discharge, it shall identify any responsible
parties and issue an administrative order for the responsible parties to have an investigation
conducted of the site. The Division may also issue an administrative order requiring the
responsible party take action to abate and/or prevent the discharge. The Division may specify
any necessary preventative measures or remedial actions in the administrative order.
401.7-3. Determination of Contamination. After being issued an administrative order for
an investigation, the responsible parties shall have an initial assessment conducted to
determine whether the discharge of a hazardous substance has occurred and whether any
4 O.C. 401—Page 4
Public Packet
Page 77
For OBC Consideration (Draft 1) redline to current
2017 07 26
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
discharge has caused contamination. The initial assessment shall include sampling and/or
testing of the site where the discharge of a hazardous substance has occurred.
(a)
Evidence that indicates contamination of a site has occurred, or may have
occurred includes, but is not limited to:
(1)
visible soil contamination;
(2)
presence of free product or vapors in soils, basements, sewers or utility
lines, surface water or groundwater; and
(3)
reports, environmental assessments or routinely gathered monitoring
data that indicates contamination has occurred or may have occurred.
(b)
Groundwater samples shall be collected for analysis and evaluation to determine
whether the groundwater poses any public health and welfare concerns.
(c)
Whether contamination exists shall be based on the level of contamination as
compared to Tribally adopted environmental quality standards adopted by the Nation.
401.7-4. The Division shall evaluate the harmfulness of the discharge of a hazardous substance
based on the initial assessment and shall:
(a)
publish the results of the initial assessment, along with a notice that the Division
will accept comments on the results for at least thirty (30) days after the initial
publication, in two (2) consecutive issues of the Kalihwisaks; and
(b)
mail the results of the initial assessment, along with a notice that the Division will
accept comments on the results for at least thirty (30) days after the initial publication of
the results in the Kalihwisaks, to all owners of property located within one thousand two
hundred (1,200) feet of the outer boundaries of the property that is the subject of the
initial assessment.
401.7-5. The Division shall accept comments on the results of the initial assessment for at least
thirty (30) days after the initial publication of the results in the Kalihwisaks. The Division shall
compile, review and respond to all comments. Responses will be recorded and published in a
document available to the public.
401.7-6. A person who possesses or controls a hazardous substance which is discharged or
causes the contamination of a site shall take remedial action.
401.7-7. A person who voluntarily assumes responsibility for performance of, or payment of,
remedial actions in accordance with a plan that has been approved through the TERP, shall not
be subject to enforcement actions for the contamination if he or she complies with the plan.
401.7-8. Except as provided in 401.7-10, the following persons are responsible parties:
(a)
The current owner and operator of the site;
(b)
Any owner or operator of the site at the time the discharge or contamination
occurred;
(c)
Any person who arranged for the disposal or treatment of the hazardous
substance, or arranged for the transportation of the hazardous substance for disposal or
treatment;
(d)
Any person who transports the hazardous substance and selects the disposal site;
and
(e)
Any person who, by any act or omission, caused or contributed to the discharge or
contamination.
401.7-9. Exemptions. The following persons are not “responsible parties” under this law:
(a)
Any person discharging in accordance with a permit or program approved under
federal or Tribal law.
(b)
Law enforcement officers and members of a fire department using hazardous
substances in carrying out their responsibilities to protect public health, safety and
4 O.C. 401—Page 5
Public Packet
Page 78
For OBC Consideration (Draft 1) redline to current
2017 07 26
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
welfare. However, these individuals shall notify the Division of any discharges of a
hazardous substance occurring in the performance of their duties.
(c)
Any person applying a registered pesticide according to the label instructions, or
applying a fertilizer at or below normal and beneficial agronomic rates. These
individuals are also exempted from the notification and penalty requirements of this law.
(d)
Any person who can establish that the discharge or threatened discharge of a
hazardous substance for which the person would be otherwise responsible was caused
solely by:
(1)
An act of nature;
(2)
An act of war; or
(3)
An act or omission of a third party, including but not limited to a
trespasser, other than:
(A)
An employee or agent of the person asserting the defense; or
(B)
Any person whose act or omission occurs in connection with a
contractual relationship existing, directly or indirectly, with the person
asserting the defense.
(e)
Any person who is an owner, past owner, or purchaser of property and who can
establish by a preponderance of the evidence that at the time the property was acquired
by the person, the person had no knowledge or reason to know that the property was
contaminated, or that a hazardous substance was discharged or disposed of on, in or at the
property.
(1)
To establish that a person had no reason to know what the person was
undertaking at the time of acquisition, All Appropriate Inquiries shall be taken
into the previous ownership and uses of the property.
(f) Any person who purchases property after January 11, 2002 with knowledge that it is
contaminated if:
(1)
the person did not cause the contamination on the property;
(2)
the person establishes that all disposal of hazardous substances occurred
before the person acquired the property;
(3)
the person makes All Appropriate Inquiries into previous ownership and
uses of the property prior to acquiring the property; and
(4)
the person is not affiliated with a party liable for any contamination.
401.7-10. Where there is an unresponsive or unknown responsible party, the Division may refer
the site to the appropriate outside agency to retain contractors or consultants, and take other
necessary actions to conduct remedial action or have remedial action conducted at a site.
258
259
260
261
262
263
264
265
266
267
268
269
401.8.
Remedial Actions
401.8-1. A responsible party shall take immediate action to halt the discharge of a hazardous
substance and to minimize the harmful effects of the discharge.
401.8-2. If, after the initial assessment, it is determined that the discharge may cause
contamination or has caused contamination, the Division shall issue an administrative order to
the responsible party or parties to take remedial action or have remedial action conducted on the
site.
401.8-3. The Division shall determine the appropriate remedial actions, including the time
frame, to be taken in the event a site is contaminated. Remedial actions may include:
(a)
the replacement and/or removal of injured plant and animal life or contaminated
soil.
(b)
the treatment of contaminated soils and/or surface and/or groundwater.
4 O.C. 401—Page 6
Public Packet
Page 79
For OBC Consideration (Draft 1) redline to current
2017 07 26
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
(c)
adequate storage, handling and disposal methods to prevent further and/or future
discharges and contamination from occurring.
(d)
the replacement or repair of faulty equipment.
(e)
other remedial actions that restore the environment and/or protect the environment
from the contamination, as determined by the Division.
401.8-4. Where it is determined by the Division that immediate remedial action is not being
taken, but is necessary to protect the public health, safety or welfare or the environment, the
Division may conduct remedial action or have remedial action conducted. Costs of any such
action may be recovered from any or all responsible parties.
401.8-5. In addition to the requirements of this law, the Division shall comply with all
applicable federal laws when the discharge or threat of a discharge of a hazardous substance
occurs.
401.8-6. Each responsible party is strictly liable, jointly and severally, for all remedial action
costs and for all damages resulting from the discharge or threatened discharge of a hazardous
substance.
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
401.9.
Case Closure or No Further Action
401.9-1. The Division may close a case concerning a site or verify that no further action is
necessary, upon compliance with the applicable requirements of this law and any administrative
orders issued by the Division, including the completion of remedial actions. The Division shall
conduct investigations and inspections to ensure compliance with any administrative order it has
issued.
401.9-2. Sampling shall be conducted at the completion of the remedial action when:
(a)
The hazardous substance discharge is in contact with groundwater.
(b)
The amount, identity or duration of the contamination is unknown.
(c)
Other site conditions indicate that sampling is necessary to confirm the adequacy
of the remedial action.
401.9-3. The Division may require additional remedial actions, including monitoring, for any
site, even those cases that have been closed by the Division, if information regarding site
conditions indicates that contamination on or from the site poses a threat to public health, safety
or welfare or the environment.
401.9-4. If additional remedial action is required for a previously closed case, the Division:
(a)
Shall indicate in writing to the responsible parties that additional remedial action
is needed at the site and provide the responsible parties with information regarding the
nature of the problem and type of remedial action that is needed.
(b)
May require the responsible parties to achieve compliance with Tribalthe Nation’s
public health and environmental laws, within a time period established by the Division.
306
307
308
309
310
311
312
313
314
315
401.10.
Violations, Enforcement and PenaltiesAppeals
401.10-1. Compliance Orders. If, after issuing an administrative order, the Division determines
that a violation of the administrative order exists, it shall issue a compliance order which requires
the responsible parties to:
(a)
Take remedial action to prevent or abate the discharge of a hazardous substance;
and/or
(b)
Allow the investigation of a site believed to be contaminated or under threat of
contamination.
401.10-2. Penalty Schedule. The Oneida Business Committee shallEnvironmental Resource
Board is delegated rulemaking authority to adopt a finepenalty schedule, upon recommendation
4 O.C. 401—Page 7
Public Packet
Page 80
For OBC Consideration (Draft 1) redline to current
2017 07 26
316
317
318
319
320
321
322
323
324
325
326
of the Division, for violations of this law. Any person who does not comply with a compliance
order issued by the Division may receive a finepenalty in accordance with the fine schedule. A
separate offense shall be deemed committed on each day during or on which a violation occurs
or continues.
(a) Each day a violation exists or continues shall constitute a separate offense.
(a) Any order issued pursuant to this law that is not complied with may be physically
enforced by the Division at the Owner’s expense.
(b)
Any person who is a lessee of the TribeNation who violates any provision
of this law or any compliance order issued by the Division shall have said case referred to
the Land CommissionDivision of Land Management to consider potential lease
violations.
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
401.11. Appeals
401.11-1. Appeal of Compliance Orders A person may appeal a compliance order issued by the
Division by filing a written appeal with the Division Director within ten (10) business days after
the order is issued.
(a) The Division Director shall uphold, revise or reverse the order, in writing, within five
(5) business days after receiving the appeal.
(b) A person may appeal the Division Director’s decision by filing a written appeal with
the Environmental Resources Board within ten (10) business days after the Division
Director’s decision.
(1) The Environmental Resources Board shall conduct a hearing on the Division
Director’s decision and shall uphold, revise or reverse the decision of the Division
Director.
(2) The Environmental Resources Board shall post and publish its final decision,
within ten (10) business days after the hearing. The Environmental Resources
Board shall include in its decision specific facts which are the basis for its
decision, and shall forward the decision to the parties of the appeal.
401.11-2. Contesting the Issuance of a Fine. Any person issued a fine under this law may
contest the fine by attending a hearing before the Environmental Resources Board.
(a) The fine shall specify the date, time and place of the hearing. The hearing shall take
place at least five (5) days after the fine is issued.
(1) If the person does not wish to contest the fine, he or she shall pay the fine by
the hearing date specified on the fine.
(b) After the hearing, the Environmental Resources Board shall determine whether the
person is responsible for the fine, as was issued by the Division, and may set a new date
for when the fine shall be paid.
401.11-3. Appeals from the Environmental Resources Board401.10-3.
Contested
Action
Hearings. All citations, penalties, orders and declarations issued pursuant to this law shall
include a pre-hearing date with the Judiciary Trial Court which shall be set for the next
scheduled monthly prehearing date that is at least thirty (30) days after the citation was issued.
Persons wishing to contest a citation shall appear at the prehearing, at which time the Judiciary
Trial Court shall accept pleas which either contest or admit committing the act for which the
citation was issued. The Judiciary shall schedule a hearing as expeditiously as possible, provided
that it shall be scheduled within ninety (90) days of the date of the prehearing, for all persons
entering a plea contesting the fact that they committed the act for which a citation was issued. In
addition to scheduling requested hearings, the Judiciary may also make conditional orders at the
prehearing which are effective until the matter is resolved.
4 O.C. 401—Page 8
Public Packet
Page 81
For OBC Consideration (Draft 1) redline to current
2017 07 26
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
(a) Community Service. Community service may be substituted for fines at the
Judiciary’s discretion, provided that, if so substituted, the Judiciary shall use the rate of
one (1) hour per ten dollars ($10.00) of the fine.
(b) Allocation of Citation Revenue. All fines and penalties issued by citations are
payable to the Environmental Resource Board or its designee, the proceeds of which the
Environmental Resource Board shall contribute to the Nation’s general fund.
(c) Appealing the Decision. Any party of interest may appeal a decision of the
Environmental Resources Board to the Judiciary Judiciary Trial Court. Any person
wishing to contest the determination of the Judiciary Trial Court may appeal the
applicable determination to the Judiciary’s Court of Appeals in accordance with the Rules
of Appellate Procedure.
(d) Pursuing Payment of a Citation. The Environmental Resource Board may pursue
payment from parties who have failed to make the required payments through the
garnishment process contained in the Garnishment law and/or by attaching a Tribal
law.member’s per capita payment pursuant to the Per Capita law.
End.
Adopted – BC-09-12-12-B
Amended – BC-02-25-15-C
4 O.C. 401—Page 9
Public Packet
Page 82
FINANCE ADMINISTRATION
Fiscal Impact Statement
MEMORANDUM
DATE:
June 7, 2017
FROM:
Rae Skenandore, Project Manager
TO:
Larry Barton, Chief Financial Officer
Ralinda Ninham-Lamberies, Assistant Chief Financial Officer
RE:
Fiscal Impact of the transfer of the Environmental Resource Board’s
Hearing Authority to the Oneida Judiciary
I.
Estimated Fiscal Impact Summary
Law: Domestic Animal
Draft 19
Hunting, Fishing and Trapping law (HTF)
Draft 2
Public Use of Tribal Land (Public Use)
Draft 1
Tribal Environmental Response (TERP)
Draft 1
Well Abandonment Law (Well Abandonment)
Draft 1
All-Terrain Vehicle Law (ATV)
Draft 1
Water Resources Ordinance (Water Resources)
Draft 1
On-Site Waste Disposal Ordinance (Waste Disposal)
Draft 1
Oneida Police Department (OPD)
Conservation
Environmental Resource Board (ERB)
Emergency Management
Implementing Agency
Environmental Health and Safety Division
Comprehensive Health Division
Oneida Judiciary
January 1, 2018
Estimated time to comply
Estimated Impact
Current Fiscal Year
10 Year Estimate
ERB stipend savings $830
$8,300
Total Estimated Savings $830
$8,300
Revenue and cost considerations Fee Schedules should be removed from the various Laws
Uncertainties and Unknowns None
1
Public Packet
II.
Page 83
Background
A.
Legislative History
The Oneida Business Committee created the Environmental Resource Board
through Resolution BC-02-22-85-B. GTC Resolution 01-07-13-B established the
Oneida Judiciary.
B.
Summary of Content
1.
The Domestic Animal amendments are being processed separately in
order to make further revisions. However, it is included here because there are no
additional fiscal impacts due to the amendments.
2.
All Laws are being amended to state that the Trial Court is the entity
authorized to conduct hearings.
3.
Other minor changes, including formatting, have been made to these Laws
to comply with drafting style. These changes do not affect the content of these
Laws.
C.
Methodology and Assumptions
1.
A “Fiscal Impact Statement” means an estimate of the total identifiable
fiscal year financial effects associated with legislation and includes startup costs,
personnel, office, documentation costs, as well as an estimate of the amount of
time necessary for an agency to comply with the Law after implementation.
2.
Finance does NOT identify the source of funding for the estimated cost or
allocate any funds to the legislation.
3.
The analysis was completed based on the information provided as of the
date of this memo.
III.
Agency
The hearing authority will simply be transferred from ERB to the Judiciary. Historical
hearing stipends paid to the Board were $750 in 2017, $1,200 in 2016, and $700 in 2015.
Transferring the hearing authority to the Judiciary would result in an average savings of
approximately $830 annually. The Judiciary does not anticipate any additional costs as
this will simply be absorbed into their existing duties. ERB has stated that they expect
the transition of the hearing authority to be complete by January 1, 2018
Public Packet
Page 84
IV.
Financial Impact
Approximately $830 savings annually.
V.
Recommendation
Finance does not make a recommendation in regards to course of action in this matter.
Rather, it is the purpose of this report to disclose potential financial impact of an action,
so that the Oneida Business Committee and General Tribal Council has the information
with which to render a decision.
Public Packet
Page 85
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
7
/ 26 / 17
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:
Consider adoption of the amendments to the On-Site Waste Ordinance
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Adoption packet
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 86
Public Packet
Page 87
BC Resolution _____________
On-Site Waste Disposal Law Amendments
1
2
3
4
5
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
6
7
WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;
and
8
9
10
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
11
12
WHEREAS, the Oneida Business Committee originally adopted the On-Site Waste Disposal
Ordinance through resolution BC-10-28-88-A; and
13
14
15
16
WHEREAS, the Amendments to the Ordinance transfer the Environment Resource Board’s
original hearing body authority and responsibilities to the Oneida Judiciary as part
of an effort to standardize and streamline all of the Nation’s hearing
responsibilities; and
17
18
WHEREAS, a public meeting on the proposed Amendments was held on June 15, 2017 in
accordance with the Legislative Procedures Act; and
19
20
NOW THEREFORE BE IT RESOLVED, that the On-Site Waste Disposal Law
Amendments are hereby adopted and shall become effective on October 1, 2017.
21
Public Packet
Page 88
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
On-Site Waste Disposal Law Amendments
Summary
This Resolution adopts Amendments to the On-Site Waste Disposal Law (the “Law”) which
transfer the Environmental Resource Board’s original hearing body authority to the Oneida
Judiciary.
Submitted by: Krystal L. John, Staff Attorney, Oneida Law Office
Analysis by the Legislative Reference Office
As stated above, these amendments will transfer the delegation of original hearing body authority
from the Environmental Resource Board to the Oneida Judiciary. Such a transfer would
implicate the Judiciary law and the Environmental Resource Board’s by-laws.
The transfer of hearing body authority would fit into the Oneida Judiciary’s subject matter
jurisdiction according to the Judiciary law based on section 801.5-2, which provides that, “The
Trial Court shall have subject matter jurisdiction over cases and controversies arising under the
following… (a) Tribal laws which specifically authorize the Trial Court to exercise jurisdiction…”
Judiciary, 8 O.C. 801 § 801.5-2. These amendments to the Law specifically authorize the Trial
Court to exercise jurisdiction based on section 407.7-6. Contested Action Hearings, which reads as
follows:
All citations, penalties, forfeitures, orders and declarations issued pursuant to this law shall
include a pre-hearing date with the Judiciary Trial Court which shall be set for the next
scheduled monthly prehearing date that is at least thirty (30) days after the citation was
issued. Persons wishing to contest a citation shall appear at the prehearing, at which time the
Judiciary Trial Court shall accept pleas which either contest or admit committing the act for
which the citation was issued. The Judiciary shall schedule a hearing as expeditiously as
possible, provided that it shall be scheduled within ninety (90) days of the date of the
prehearing, for all persons entering a plea contesting the fact that they committed the act for
which a citation was issued. In addition to scheduling requested hearings, the Judiciary may
also make conditional orders at the prehearing which are effective until the matter is
resolved. …
(c) Appealing the Decision of the Judiciary Trial Court. Any person wishing to
contest the determination of the Judiciary Trial Court may appeal to the Judiciary
Court of Appeals in accordance with the Rules of Appellate Procedure. …
The Environmental Resource Board’s by-laws provide the Board’s duties and responsibilities,
among other things. Adoption of this law conflicts with the Board’s by-laws and the by-laws
recognize the Environmental Resource Board’s original hearing body authority in section 1-4.b.,
which reads as follows: “The ERB shall serve as the original hearing body in matters concerning
environmental and conservation laws and ordinances promulgated by the Oneida Tribe.”
Accordingly, if this resolution is adopted, the Environmental Resource Board’s by-laws would need
Page 1 of 2
Public Packet
Page 89
to be amended to remove the original hearing body authority from the Board’s duties and
responsibilities.
A public meeting was held for these Amendments on June 15, 2017 for which the public
comment period expired on June 22, 2017 in accordance with the Legislative Procedures Act.
There were not any oral or written comments submitted.
Conclusion
Adoption of this Resolution would require the Environmental Resource Board’s by-laws to be
amended to remove the original hearing body authority from the Board’s duties and responsibilities.
Page 2 of 2
Public Packet
Page 90
Analysis to OBC Consideration Drafts
2017 07 28
Hearing Authority Transfer
Legislative Analysis
SECTION 1. BACKGROUND
REQUESTER:
LOC
Intent of the
Amendments
Purpose
Affected Entities
Affected
Legislation
Enforcement/Due
Process
Public Meeting
SPONSOR:
Tehassi Hill
To further utilize the Judiciary.
DRAFTER:
Krystal L. John
ANALYST:
Candice E. Skenandore
To transfer the Environmental Resource Board (ERB) hearing authority to the
Judiciary.
Trial Court, ERB
Hunting, Fishing and Trapping law, Public Use of Tribal Land, Tribal
Environmental Response, Well Abandonment Law, All-Terrain Vehicle Law,
Water Resources Ordinance
ERB will no longer hold hearings; hearing will now be conducted by the Trial
Court in accordance with the Rules of Civil Procedure.
A public meeting was held on June 15, 2017.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2. LEGISLATIVE DEVELOPMENT
25
SECTION 3. CONSULTATION
A. Since 1985, ERB served as the hearing body authority over the Nation’s environmental regulations.
On May 2, 1990, the Oneida Business Committee established the Oneida Tribal Judicial System (aka
Oneida Appeals Commission) and General Tribal Council reauthorized the Oneida Tribal Judicial
System on August 19, 1991 [See BC Resolution 05-02-90 and GTC Resolution 8-19-91-A]. The
purpose of the Oneida Appeals Commission was to enhance and protect self-governance and
sovereignty as well as enhance the separation of powers between the legislative, executive and
juridical responsibilities of the Nation. The Oneida Appeals Commission removed the Oneida
Business Committee from initial judicial decisions [See GTC Resolution 8-19-91-A].
B. In 2013, the General Tribal Council changed the structure of the Oneida Tribal Judicial System by
creating an Oneida Judiciary comprised of the Tribal Court and a Court of Appeals through the
adoption of the Judiciary law. The purpose of the Judiciary is to grant the Trial Court and Court of
Appeals expanded subject matter jurisdiction and create a greater role for the use of mediation and/or
This text is long and has been trimmed here. Open the source document for the complete record.
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.