Oneida Business Committee (2021)

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Public Packet

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, January 27, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

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

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

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

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

NOTICE

In accordance with the OBC Virtual meeting standard operating procedure, due to the Public

Health State of Emergency the OBC meeting will be held virtually through Microsoft Teams and

therefore be closed to the public. Any person who has comments or questions regarding open

session items may submit them to TribalSecretary@oneidanation.org no later than the close of

business the day before the OBC meeting. Any comments or questions received shall be noticed

to the OBC and entered into the record as a handout by the Business Committee Support Office. A

recording of the virtual meeting shall be made available on the Nation’s website.

CALL TO ORDER

II.

OPENING

Special recognition for years of service

Sponsor: Geraldine Danforth, Area Manager/Human Resources

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

Pardon and Forgiveness Screening Committee - Eric Boulanger, Ron King Jr., Elijah

Metoxen, and Mark W. Powless

Sponsor: Lisa Liggins, Secretary

MINUTES

Approve the January 13, 2021, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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January 27, 2021

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RESOLUTIONS

VII.

STANDING COMMITTEES

VIII.

FINANCE COMMITTEE

Accept the January 4, 2021, regular Finance Committee meeting minutes

Sponsor: Tina Danforth, Treasurer

Accept the January 18, 2021, regular Finance Committee meeting minutes

Sponsor: Tina Danforth, Treasurer

LEGISLATIVE OPERATING COMMITTEE

Approve the Oneida Nation Emergency Planning Committee bylaw

amendments

Sponsor: David P. Jordan, Councilman

Adopt emergency amendments to Landlord-Tenant Law rule #2 – Income

Based Rental Program Eligibility, Selection and Other Requirements

Sponsor: David P. Jordan, Councilman

Accept the December 16, 2020, regular Legislative Operating Committee

meeting minutes

Sponsor: David P. Jordan, Councilman

QUALITY OF LIFE COMMITTEE

Approve the revised Quality of Life Committee charter

Sponsor: Marie Summers, Councilwoman

Accept the December 10, 2020, regular Quality of Life Committee meeting

minutes

Sponsor: Marie Summers, Councilwoman

UNFINISHED BUSINESS

IX.

Enter e-poll results into the record regarding the adopted BC resolution # 01-07-21-A

Sponsor: Lisa Liggins, Secretary

Review update and determine next steps - CIP #14-002 Cemetery Improvements

Sponsor: Debbie Thundercloud, General Manager

NEW BUSINESS

Approve the Oneida Business Committee Standard Operating Procedure (SOP)

entitled Hiring, Negotiating, and Termination of BC Professional Support Employees

Sponsor: Jessica Vandekamp, Employee Relations Representative

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Regular Meeting Agenda

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GENERAL TRIBAL COUNCIL

XI.

Review the Chief Financial Officer recommendation of $.30 per hour pay increase

and determine next steps

Sponsor: Larry Barton, Chief Financial Officer/Finance Division

EXECUTIVE SESSION

REPORTS

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Accept the General Manager report

Sponsor: Debbie Thundercloud, General Manager

Accept the Intergovernmental Affairs, Communications, and Self-Governance

January 2021 report

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Accept the December 2020 Treasurer's report

Sponsor: Tina Danforth, Treasurer

NEW BUSINESS

Approve a limited waiver of sovereign immunity – Idemia Identity & Security

USA LLC-MorpholDent – file # 2021-0015

Sponsor: Sandra Reveles, Chairwoman/Oneida Police Commission

Approve attorney contract – Oneida Law Office – file # 2021-0029

Sponsor: Jo Anne House, Chief Counsel

Review the posting request and determine next steps - Comprehensive

Housing

Sponsor: Debbie Thundercloud, General Manager

Approve the LPL Financial LLC-Retirement Plan Consulting Program Oneida

Nation Enterprise 401(k) Plan agreement – file # 2021-0002

Sponsor: Tina Danforth, Treasurer

Approve the LPL Financial LLC-Retirement Plan Consulting Program Oneida

Nation Governmental 401 (k) Plan agreement – file # 2021-001

Sponsor: Tina Danforth, Treasurer

Enter e-poll results into the record regarding the failed resolution entitled

Oneida Nation Emergency Response Plan

Sponsor: Lisa Liggins, Secretary

Reconsider the resolution entitled Oneida Nation Emergency Response Plan

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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XII.

Accept the January 12, 2021, regular OBC Officers meeting notes

Sponsor: Jessica Vandekamp, Employee Relations Representative

ADJOURN

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

Open Meetings law (§ 107.14.)

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

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

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

or (800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

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Special recognition for years of service

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YEARS OF SERVICE RECIPIENTS

1ST QUARTER FY'21 OCT - DEC

Name

REITER-MEHOJAH,DEBORAH A

POWLESS,LINDA F

HILL,RENEE M

DOMENCICH,LOIS J

BRAATEN,MICHELLE M

CORNELIUS,JR,WENDEL L

PARR,TROY D

FUNMAKER,STEPHANIE L

RENTMEESTER,KEVIN S

REDHAIL,LUZ V

EBERHARDY,STEPHANIE

PARKS,LISA A

CREE,RENE E

DOXTATER,DANIEL W

RICE,ROBIN L

MEHOJAH,KIMBERLY K

CALDERON,MARIANNE J

THOMAS,SHANE

MORAN,IV,DANIEL J

SOMMERFELDT,JAMES M

RUTUES,MICHELLE D

DUFF,LISA L

RASS,MINDY R

POOLE,MICHELLE L

DOXTATOR,EVA E

DOXTATOR,MICHAEL V

Emp #

Supervisor Name

632 MOUSSEAU,SHARON A

5971 SKENANDORE,TONIA H

5344 KING,CARIE A

5369 SMITH,JACQUELINE

494 POWLESS,MARK A, SR.

135 TORRES,WILLIAM P

3554 BOYLE,JACQUE L

2654 HILL,RACQUEL L

3568 BOYLE,JACQUE L

2694 BECKER,LAURIE J

3580 VIR,RAVINDER

8354 SANTIAGO,CHERICE A

8360 STEVENS,SHELLY L

179 ANDERSON,JENNIFER J

3613 BUCKLEY,STACIE

3588 POELS,JAMES R

3491 DANFORTH,JR,REDMON

8084 JOURDAN-BEILKE,TINA L

3528 WEBSTER,CLIFF E, JR.

3621 BRISTOL,ERIC

6892 SCHUYLER,TRINA B

3622 CORNELIUS,LOUISE C

3627 POOLE,JOE

3633 DECHAMPS,DONALD

8389 VANSCHYNDEL,RONALD J

416 KUROWSKI,DEBRA J

ADOH

Dec 1, 1980

Nov 4, 1985

Dec 23, 1985

Oct 22, 1990

Nov 9, 1990

Oct 2, 1995

Oct 16, 1995

Oct 23, 1995

Oct 31, 1995

Nov 5, 1995

Nov 6, 1995

Nov 13, 1995

Nov 29, 1995

Dec 4, 1995

Dec 11, 1995

Dec 18, 1995

Dec 26, 1995

Dec 31, 1995

Years

BC Meeting Date - January 27th

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Oneida Business Committee Agenda Request

Pardon and Forgiveness Screening Committee - Eric Boulanger, Ron King Jr., Elijah Metoxen, and Mark..

1. Meeting Date Requested:

/ 27 / 21

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 Eric Boulanger, Ron King Jr., Eli Metoxen and Mark W. Powless for the Pardon

and Forgiveness Screening Committee

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Liggins, Secretary

Primary Requestor/Submitter:

Brooke Doxtator, BCC Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

On January 13, 2021 the Oneida Business Committee appointed Eric Boulanger and Ronald King Jr. as Oneida

Police Department representatives and Elijah Metoxen and Mark W. Powless as Social Services Department

representatives on the Pardon and Forgiveness Screening Committee.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

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Approve the January 13, 2021, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

1-27-21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CWILSON1

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, January 13, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Tina Danforth, Secretary

Lisa Liggins, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Summers;

Not Present: Councilwoman Jennifer Webster;

Arrived at: n/a;

Others present: Jo Anne House, Larry Barton, Debbie Thundercloud (via Microsoft Teams 1), Melinda J.

Danforth (via Microsoft Teams), Tina Jorgenson (via Microsoft Teams), Pat Pelky (via Microsoft Teams),

Jacqueline Smith (via Microsoft Teams), James Bittorf (via Microsoft Teams), Danelle Wilson (via

Microsoft Teams), Nate Wisneski, Rae Skenandore (via Microsoft Teams), James Petitjean (via Microsoft

Teams), Candace House (via Microsoft Teams), Chad Wilson, Nancy Barton (via Microsoft Teams), Mitch

Metoxen (via Microsoft Teams), Mary Jo Nash (via Microsoft Teams);

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:33 a.m.

For the Record: Councilwoman Jennifer Webster is out sick.

II.

OPENING (00:00:26)

Opening provided by Chairman Tehassi Hill.

III.

ADOPT THE AGENDA (00:02:55)

Motion by Lisa Liggins to adopt the agenda as presented, seconded by Tina Danforth. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

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

sharing, and video meetings

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IV.

MINUTES

Approve the December 18, 2020, special Business Committee meeting minutes

(00:03:16)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to approve the December 18, 2020, special Business Committee meeting

minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

Approve the December 23, 2020, regular Business Committee meeting minutes

(00:03:44)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to approve the December 23, 2020, regular Business Committee meeting

minutes, seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Abstained:

Kirby Metoxen

Not Present:

Jennifer Webster

For the record: Councilman Kirby Metoxen stated I was on vacation that week.

RESOLUTIONS

Enter e-poll results into the record regarding the adopted BC resolution # 12-3120-A (00:04:23)

Sponsor: Lisa Liggins, Secretary

Motion by Marie Summers to enter the e-poll results into the record regarding the adopted BC

resolution # 12-31-20-A, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

VI.

APPOINTMENTS

Determine next steps regarding three (3) Vacancies - Oneida Airport Hotel

Corporation (00:04:50); (00:37:10)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to defer this item until after executive session, seconded by Marie Summers.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

Item VI.B. was addressed next.

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Motion by Lisa Liggins to request the Secretary to renotice the three (3) vacancies, seconded by Marie

Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Item VI.B. was re-addressed next.

Determine next steps regarding two (2) Oneida Police Department Representatives

- Pardon and Forgiveness Screening Committee (00:05:26); (00:37:46)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to defer this item until after executive session, seconded by David P. Jordan.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

Item VI.C. was addressed next.

Motion by Lisa Liggins to appoint Eric Boulanger as member and Ron King Jr. as alternate

representative on the Pardon and Forgiveness Screening Committee with a term ending August 31,

2023, seconded by Tina Danforth. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Item VI.C. was re-addressed next.

Determine next steps regarding two (2) Oneida Social Services Division

Representatives - Pardon and Forgiveness Screening Committee (00:05:55);

(00:38:24)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to defer this item until after executive session, seconded by Daniel Guzman

King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

Item VII.A. was addressed next.

Motion by Lisa Liggins to appoint Eli Metoxen as member and Mark W. Powless as representative on

the Pardon and Forgiveness Screening Committee with a term ending August 31, 2023, seconded by

David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Item IX.A.1. was addressed next

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VII.

NEW BUSINESS

Review request and determine next steps - CIP #14-002 Cemetery Improvements

(00:06:31)

Sponsor: Nancy Barton, Tribal Member

Motion by Lisa Liggins to direct the General Manager in coordination with Land Management to bring

back a status report at the January 27, 2021, regular Business Committee meeting, seconded by Kirby

Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

Motion by Brandon Stevens to direct the General Manager to bring back a status report on the

maintenance contract at the January 27, 2021, regular Business Committee meeting, seconded by

Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

Motion by Lisa Liggins to direct the General Manager to bring back a status report on the monitoring

wells, amount of acreage, and suitability at the January 27, 2021, regular Business Committee

meeting, seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

Review the special election recommendation and determine next steps (00:27:15)

Sponsor: Candace House, Chair/Oneida Election Board

Motion by Lisa Liggins to set the 2021 special election on July 10, 2021, per § 102.12-6, seconded by

Tina Danforth. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

Approve the reinstatement of the Oneida Nation Arts Board - Government Services

Division (00:28:14)

Sponsor: Debbie Thundercloud, General Manager

Motion by David P. Jordan to request an amendment to resolution # BC-11-24-20-C to reinstate the

Oneida Nation Arts Board be brought back to the January 27, 2021, regular Business Committee

meeting, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

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VIII.

GENERAL TRIBAL COUNCIL

Approve January 2021 annual report mailing per BC resolution # 12-09-20-C

(00:33:43)

Sponsor: Lisa Liggins, Secretary

Treasurer Tina Danforth left at 9:18 a.m.

Motion by Lisa Liggins to defer the January 2021 annual report mailing to the January 19, 2021, BC

work session, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

IX.

EXECUTIVE SESSION (00:36:24)

Motion by Brandon Stevens to go into executive session at 9:25 a.m., seconded by David P. Jordan.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Treasurer Tina Danforth returned at 9:42 a.m.

The Oneida Business Committee, by consensus, recessed at 12:01 p.m. to 1:31 p.m.

Chairman Tehassi Hill called the meeting to order at 1:31 p.m.

Roll call for the record:

Present: Treasurer Tina Danforth; Chairman Tehassi Hill; Councilman Daniel Guzman King;

Councilman David P. Jordan; Secretary Lisa Liggins; Councilman Kirby Metoxen; ViceChairman Brandon Stevens; Council Member Marie Summers;

Not Present: Councilwoman Jennifer Webster;

Councilman Kirby Metoxen left at 2:12 p.m. to attend a Native American Tourism of Wisconsin board

meeting.

Motion by David P. Jordan to come out of executive session at 2:42 p.m., seconded by Brandon

Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Item VI.A was re-addressed next

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REPORTS

Accept the Chief Counsel report (00:38:40)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lisa Liggins to accept the Chief Counsel report, seconded by David P. Jordan. Motion

carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Accept the Intergovernmental Affairs, Communications, and Self-Governance

January 2020 special report (00:38:54)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by Lisa Liggins to accept the Intergovernmental Affairs, Communications, and Self-Governance

January 2020 special report, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Motion by Lisa Liggins to schedule a special Business Committee meeting on February 2, 2021, at

3:30 p.m. to consider file #2021-0034 and file# 2021-0035, seconded by David P. Jordan. Motion

carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Accept the General Manager report (00:39:18)

Sponsor: Debbie Thundercloud, General Manager

Motion by David P. Jordan to accept the General Manager report, seconded by Marie Summers.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Motion by Lisa Liggins to direct the General Manager to bring forward a proposal to temporarily

suspend the Nation's rule regarding the income requirement; direct the General Manager to conduct a

comprehensive review of HUD rules/regulations and provide recommendations for amendments or

program alternatives that would better serve the Nation’s membership by May 1, 2021; and direct the

General Manager to have a Pandemic Mortgage Assistance Program for unemployed households

drafted for consideration for potential Pandemic Relief Assistance Funding, seconded by David P.

Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

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NEW BUSINESS

Review the recall request and determine next steps - Oneida Higher Education

(00:40:19)

Sponsor: Debbie Thundercloud, General Manager

Motion by Lisa Liggins to accept the recommendation of the Chief Financial Officer, in accordance with

section 121.8-3(a) of the Budget Management and Control law noting that this will result in

overspending on the identified budget line, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Motion by Lisa Liggins to approve the recall request from Oneida Higher Education for one (1) Higher

Education Advisor and one (1) Administrative Assistant for a period of two (2) months and that the

General Manager shall research to determine applicability of CARES Act or other supplemental federal

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

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Review the hour increase request and determine next steps - Marketing,

Tourism, & Print Shop (00:40:58)

Sponsor: Debbie Thundercloud, General Manager

Motion by Lisa Liggins to approve the hour increase request for Marketing, Tourism, & Print Shop,

seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Review the posting request and determine next steps - Youth Enrichment

Services (00:41:26)

Sponsor: Debbie Thundercloud, General Manager

Motion by Lisa Liggins to approve the posting request from Youth Enrichment Services for two (2) YES

Specialists, seconded by Daniel Guzman King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Review the posting requests and determine next steps - Family Services

(00:42:16)

Sponsor: Debbie Thundercloud, General Manager

Motion by Lisa Liggins to approve the posting request from Family Services for one (1) Community

Advocate (Child/Teen Female Advocate) and one (1) Community Advocate (Prevention) noting these

positions are grant funded, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

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Approve the contract - O'Brien & Associates - file # 2020-0803 (00:42:55)

Sponsor: Debbie Thundercloud, General Manager

Motion by Lisa Liggins to approve the contract with O'Brien & Associates - file # 2020-0803 pursuant to

BC resolution 04-25-07-C, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Brandon Stevens,

Marie Summers

Abstained:

David P. Jordan

Not Present:

Kirby Metoxen, Jennifer Webster

Review the lease agreement – file # 07202002C (00:43:28)

Sponsor: Tina Danforth, Treasurer

Motion by Lisa Liggins to have the Finance Department meet with the Land Office, Land Commission,

General Manager, Treasurer, and liaisons to Bay Bank to review acquisition and lease processes,

including lease to purchase, to develop necessary processes to protect the Nation and the ability to

meet land acquisition/lease financial needs and to direct the Legislative Operating Committee to review

the Real Property law and related matters regarding acquisition and sale processes, seconded by

David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Review application(s) for three (3) vacancies - Oneida Airport Hotel Corporation

(00:43:32)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to accept the discussion regarding the Oneida Airport Hotel Corporation

vacancies as information, seconded by Daniel Guzman King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Review recommendation(s) for two (2) Oneida Police Department

Representatives - Pardon and Forgiveness Screening Committee (00:43:37)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to accept the discussion regarding –the Pardon and Forgiveness Screening

Committee recommendations as information, seconded by Daniel Guzman King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Review recommendation(s) for two (2) Oneida Social Services Division

Representatives - Pardon and Forgiveness Screening Committee (00:43:53)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to accept the discussion regarding –the Pardon and Forgiveness Screening

Committee as information, seconded by Daniel Guzman King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 8 of 9

January 13, 2021

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DRAFT

ADJOURN (00:44:10)

Motion by Daniel Guzman King to adjourn at 2:52 p.m., seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers

Not Present:

Kirby Metoxen, Jennifer Webster

Minutes prepared by Chad Wilson, Senior Information Management Specialist.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 9 of 9

January 13, 2021

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Enter e-poll results into the record regarding the adopted BC resolution # 01-07-21-A

Business Committee Agenda Request

1. Meeting Date Requested:

01-27-21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☒ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CWILSON1

Public Packet

From:

To:

Cc:

Subject:

Date:

Attachments:

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TribalSecretary

TribalSecretary; Brandon L. Yellowbird-Stevens; Cristina S. Danforth; Daniel P. Guzman; David P. Jordan; Ethel

M. Summers; Jennifer A. Webster; Kirby W. Metoxen; Lisa A. Liggins; Tehassi Tasi Hill

Danelle A. Wilson; Rhiannon R. Metoxen; Kristal E. Hill; Chad A. Wilson; BC_Agenda_Requests

E-POLL RESULTS: Adopt Resolution Entitled Extension of Declaration of Public Health State of Emergency Until

February 11, 2021

Thursday, January 7, 2021 4:34:07 PM

Adopt Resolution Entitled Extension of the Public Health State of Emergency Until February 11, 2021.pdf

E-POLL RESULTS

The e-poll to Adopt Resolution Entitled Extension of Declaration of Public Health State of

Emergency Until February 11, 2021, has been approved. As of the deadline, below are the

results:

Support: Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Marie Summers, Jennifer Webster

Brooke Doxtator

BCC Supervisor

Business Committee Support Office (BCSO)

office 920.869.4452

fax 920.869.4040

From: TribalSecretary <TribalSecretary@oneidanation.org>

Sent: Wednesday, January 6, 2021 2:19 PM

To: Brandon L. Yellowbird-Stevens <bstevens@oneidanation.org>; Cristina S. Danforth

<cdanfor4@oneidanation.org>; Daniel P. Guzman <dguzman@oneidanation.org>; David P. Jordan

<djordan1@oneidanation.org>; Ethel M. Summers <esummer1@oneidanation.org>; Jennifer A.

Webster <JWEBSTE1@oneidanation.org>; Kirby W. Metoxen <KMETOX@oneidanation.org>; Lisa A.

Liggins <lliggins@oneidanation.org>; Tehassi Tasi Hill <thill7@oneidanation.org>

Cc: Danelle A. Wilson <dwilson1@oneidanation.org>; Rhiannon R. Metoxen

<rmetoxe2@oneidanation.org>; Kristal E. Hill <khill@oneidanation.org>; Chad A. Wilson

<CWILSON1@oneidanation.org>; TribalSecretary <TribalSecretary@oneidanation.org>

Subject: E-POLL REQUEST: Adopt Resolution Entitled Extension of Declaration of Public Health State

of Emergency Until February 11, 2021.

E-POLL REQUEST

Summary:

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

until February 11, 2021. The Emergency Management Director and the Public Health

Officer have advised extension of the Public Health State of Emergency declaration

supported by information from the Centers for Disease Control and the level of spread of

Public Packet

COVID-19 throughout the State of Wisconsin, surrounding states, and the United States.

Justification for E-Poll: The current Declaration of Public Health State of Emergency expires

on January 12, 2021.

Requested Action:

Adopt Resolution Entitled Extension of Declaration of Public Health State of Emergency Until

February 11, 2021.

Deadline for response:

Responses are due no later than 4:30 p.m., THURSDAY, January 7, 2021.

Voting:

1. Use the voting button above, if available; OR

2. Reply with “Support” or “Oppose”.

Brooke Doxtator

BCC Supervisor

Business Committee Support Office (BCSO)

office 920.869.4452

fax 920.869.4040

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Public Packet

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Deadlines

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

01 / 13

Instructions

/ 20

2. General Information:

Session:

Open

Agenda Header:

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

Resolutions

Accept as Information only

Action - please describe:

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

resolution.

3. Supporting Materials

Report

Contract

Resolution

Other:

1. Statement of Effect

2. Professional Recommendation

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Tehassi Hill, Chairman

Primary Requestor/Submitter:

Melinda J. Danforth, Director o Intergovernmental Affairs & Communication

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

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Deadlines

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Oneida Business Committee Agenda Request

Instructions

6. Cover Memo:

Describe the purpose, background/history, and action requested:

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

to slow the transmission and decrease the spread of COVID 19. The declaration is set to expire on January 12,

2020 along with the Nation's Stay Safer at Home Declaration.

Attached is a professional recommendation from Emergency Management, Oneida Health Officials and the

Public Health Officer recommending an extension of the Public Health Emergency.

Requested Action:

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

attached resolution.

1) Save a copy of this form for your records.

Save a Copy...

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Extension of Declaration of Public Health State of Emergency Until February 11, 2021

Summary

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

February 11, 2021.

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

Date: January 4, 2021

Analysis by the Legislative Reference Office

The Oneida Business Committee adopted the Emergency Management and Homeland Security

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

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

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

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

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

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

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

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

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

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

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

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

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

As a result of the COVID-19 pandemic, in accordance with the authority granted to the Oneida

Business Committee through the Emergency Management and Homeland Security law, on March

12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency”

which sets into place the necessary authority should action need to be taken, and allows the Oneida

Nation to seek reimbursement of emergency management actions that may result in unexpected

expenses. [3 O.C. 302.8-1]. The Oneida Business Committee has extended this Public Health State

of Emergency until January 12, 2021, through the adoption of the following resolutions: BC-0326-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A,

BC-10-08-20-A, BC-11-10-20-A, and BC-12-09-20-D. [3 O.C. 302.8-5].

On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the

Emergency Management and Homeland Security law to create and delegate authority to a COVID19 Core Decision Making Team. [3 O.C. 302.10]. When a public health emergency has been

declared, the COVID-19 Core Decision Making Team has the authority to declare exceptions to

the Nation’s laws, policies, procedures, regulations, or standard operating procedures during the

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emergency period which will be of immediate impact for the purposes of protecting the health,

safety, and general welfare of the Nation’s community, members, and employees. [3 O.C. 302.102]. These declarations remain in effect for the duration of the Public Health State of Emergency,

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

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

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

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

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

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

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

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

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

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

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

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

some restrictions. Then on July 17, 2020, the “Safe Re-opening Governmental Offices” declaration

was issued which provides guidance on how buildings will be safely re-opened to the public.

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

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

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

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

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

necessary.

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

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

Health State of Emergency declaration until 11:59 p.m. on February 11, 2021.

Conclusion

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

Page 2 of 2

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Oneida Comprehensive Health Division

Oneida Community Health Center

Behavioral Health Services

Anna John Resident Centered Care Community

Employee Health Nursing

To:

Oneida Business Committee

From:

Debra Danforth, Oneida Comprehensive Health Division Operations Director

Dr Vir, Oneida Comprehensive Health Division Medical Director

Michelle Myers, Community/ Public Health Officer

Date:

January 5, 2021

RE:

Recommendations to extend public health emergency

Local and State level data demonstrates continued community spread of COVID19. In

collaboration with Oneida Emergency Management, the health response team

recommends the Oneida Business Committee extend the public health emergency,

at minimum, through May 2021.

Thank you for your continued collaboration and partnership as we work together to stop the

spread of COVID19 in the Oneida community.

Sincerely,

Michelle Myers BSN, RN

Community/ Public Health Officer

CC: Kaylyn Gresham

Oneida Community Health Center

Behavioral Health Services

Anna John Resident Centered Care Community

Employee Health Nursing

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

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

525 Airport Rd., Oneida, WI 54155

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

2640 West Point Rd., Green Bay, WI 54304

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

2901 S. Overland Rd., Oneida, WI 54155

Phone: (920) 869-2797

701 Packerland Dr., Green Bay, WI 54303

Phone: (920) 405-4492

Fax: (920) 869-1780

Fax: (920) 490-3883

Fax: (920) 869-3238

Fax: (920) 405-4494

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Oneida Comprehensive Health Division

Oneida Community Health Center

Behavioral Health Services

Anna John Resident Centered Care Community

Employee Health Nursing

Jan 5, 2021

Updated COVID19 data to consider during

discussions to extend the Oneida Nation Public

Health Emergency declaration.

Submitted by:

Debbie Danforth, Dr Vir, Michelle Myers

Oneida Community Health Center

Behavioral Health Services

Anna John Resident Centered Care Community

Employee Health Nursing

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

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

525 Airport Rd., Oneida, WI 54155

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

2640 West Point Rd., Green Bay, WI 54304

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

2901 S. Overland Rd., Oneida, WI 54155

Phone: (920) 869-2797

701 Packerland Dr., Green Bay, WI 54303

Phone: (920) 405-4492

Fax: (920) 869-1780

Fax: (920) 490-3883

Fax: (920) 869-3238

Fax: (920) 405-4494

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Relevant COVID-19 Data:

WI Department of Health Services- Public Health

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

U.S. Centers for Disease Control and Prevention

https://covid.cdc.gov/covid-data-tracker/#cases_casesinlast7days

U.S. Census Bureau American Community Survey Population Estimates

https://data.census.gov/cedsci/advanced

Oneida Nation Health Department

https://oneida-nsn.gov/connect/news/oneida-nation-covid-19-resource-page/#Stats

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WI Department of Health Services- Public Health retrieved 01/03/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

WI Department of Health Services- Public Health retrieved 01/03/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

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WI Department of Health Services- Public Health retrieved 01/03/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

WI Department of Health Services- Public Health retrieved 01/02/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

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WI Department of Health Services- Public Health retrieved 01/03/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

WI Department of Health Services- Public Health retrieved 01/03/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

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WI Department of Health Services- Public Health retrieved 01/03/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

WI Department of Health Services- Public Health retrieved 01/03/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # ___________

Extension of Declaration of Public Health State of Emergency Until February 11, 2021

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

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

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

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

and businesses; and

WHEREAS,

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

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

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

WHEREAS,

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

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

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

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

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

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

allow; and

WHEREAS,

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

BC-05-06-20-A, # BC-06-10-20-A, # BC-07-08-20-A, # BC-08-06-20-A, # BC-09-09-20-A,

# BC-10-08-20-A, # BC-11-10-20-A, and # BC-12-09-20-D; and

WHEREAS,

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

hotspots occurring within certain industries and areas which are more clearly identified in

the Public Health Officer Report which supports this resolution; and

WHEREAS,

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

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

not every person is tested; and

WHEREAS,

the COVID-19 Core Decision Making Team has issued an Open for Business declaration,

a less restrictive Stay Safer at Home declaration which directs that individuals within the

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

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BC Resolution _______

Extension of Declaration of Public Health State of Emergency Until February 11, 2021

Page 2 of 2

certain safer business practices, and social distancing should be practiced by all persons

and finally a Re-opening Governmental Offices declaration that provides guidance on how

buildings will be re-opened to the public which remain effective during the Public Health

State of Emergency; and

WHEREAS,

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

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

Centers for Disease Control and the level of spread of COVID-19 throughout the State of

Wisconsin, surrounding states, and the United States; and

WHEREAS,

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

Emergency for continues to be necessary and that its declaration should be longer given

the ongoing pandemic impact and the inability to identify mechanisms to control for

infection or protect the public;

Extension of Public Health State of Emergency Declaration

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

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

of Emergency declaration ending at 11:59 p.m. on February 11, 2021.

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Accept the January 4, 2021, regular Finance Committee meeting minutes

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INTERNAL MEMO

TO:

Finance Committee

FR:

Denise J. Vigue, Executive Assistant to the CFO &

Finance Committee Support /Contact

DT:

January 5, 2021

RE:

E-Poll Results - FC Meeting Minutes of January 4, 2021

An E-Poll vote of the Finance Committee was conducted to approve the Finance

Committee meeting minutes of Jan. 4, 2021. The E-Poll and minutes were sent out

yesterday and concluded today. The results of the completed E-Poll are as follows:

E-POLL RESULTS:

Th er e w as a Maj or ity o f 4 F C m e m ber s v ot i ng t o a p prov e t he J a n. 4, 2 0 21

Fi na nc e Co m m it te e M ee t in g M i nu t es . FC M e mb er s v o t in g i nc lu d ed: L ar r y B ar t o n,

J en n if er We bs ter , K ir b y M et ox en an d C ha d F us s .

These Finance Committee Minutes of Jan. 4, 2021 will be placed on the next Finance

Committee agenda to ratify this E-Poll action. Per the FC By-Laws all Minutes of the FC

will be submitted to the Secretary’s Office once a month for Council acceptance.

E-Polls of the Finance Committee meeting minutes is part of the FC By-Laws and approval conducted per the FC

SOP’s on Electronic Voting.

Finance Administration Office

Phone: 920- 869-4325

FAO@oneidanation.org

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FINANCE COMMITTEE

REGULAR MEETING

January 4, 2021 ▪ Time: 9:00 A.M

Via Microsoft Teams

REGULAR MEETING MINUTES

FC MEMBERS PRESENT (Via Teams):

Cristina Danforth, Treasurer/FC Chair

Jennifer Webster, BC Council Member

Chad Fuss, Asst. Gaming CFO

Larry Barton, CFO/FC Vice-Chair

Kirby Metoxen, BC Council Member

FC MEMBERS EXCUSED: Patrick Stensloff, Purchasing Director

OTHERS PRESENT (Via Teams): David Emerson, Andrew Doxtater, Linda Jenkins, Tracy Williams,

Sharon Mousseau and Denise J. Vigue, taking notes

CALL TO ORDER: The FC Regular Meeting was called to order by the FC Chair at 9:05 A.M.

II.

APPROVAL OF AGENDA: JANUARY 4, 2021

Motion by Kirby Metoxen to approve the Jan. 4, 2021 FC Meeting Agenda with one ADD

ON Under New Business #3. Seconded by Jennifer Webster. Motion carried unanimously.

III.

APPROVAL OF MINUTES: DECEMBER 14, 2020 (Approved via E-Poll on 12/14/20):

Motion by Jennifer Webster to ratify the FC E-Poll action taken on Dec. 14, 2020 approving

the Dec. 14, 2020 Finance Committee Meeting Minutes. Seconded by Larry Barton.

Motion carried unanimously.

IV.

APPROVAL OF SPECIAL E-POLL: Parata System LLC (Approved via E-Poll on 12/18/20):

Motion by Jennifer Webster to ratify the FC Special E-Poll action taken on Dec. 18, 2020

approving the Parata System LLC PO request for $240,000.000. Seconded by Kirby

Metoxen. Motion carried unanimously.

NOTE: Larry and Tina relayed that the requester submitted this in a very untimely fashion

(after the 12/14/20 FC began) then proceeded to send multiple e-mails for a Special FC EPoll. This not only creates additional work, but also does not follow the timelines for

submitting requests that all areas know as it is posted and should have been distributed.

TABLED BUSINESS: None

VI.

CAPITAL EXPENDITURES: None

Page 1 of 5

Finance Committee Meeting Minutes of January 4, 2021

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VII.

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NEW BUSINESS:

1. FY21 Blanket PO – Casino Tech

David Emerson, Gaming Slots

Amount: $149,454.37

David explained this is their primary supplier for machine parts; they have a little left on their

current PO; this will take them through FY2021.

Motion by Larry Barton to approve the FY2021 Blanket Purchase Order for Casino Tech in

the amount of $149,454.37. Seconded by Jennifer Webster. Motion carried unanimously.

2. Data Financial – Maintenance Agreement

Andrew Doxtator, Gaming Accounting

Amount: $959,860.

Andrew and Chad Fuss explained this is for one year of a 25 month agreement; this is a sole source,

budgeted item to service all the machines in the casino; many counters (back of the house) run

constantly so their life cycle and need for repairs is greater than average; there were questions on

staff being able to assist in order to lower this cost; there will be a tour offered for any official

wanting to see the operations.

Motion by Larry Barton to approve the Data Financial Maintenance Agreement for training

and services in the amount of $959,860.00. Seconded by Jennifer Webster. Motion carried

unanimously.

Chad Fuss left the meeting.

3. ADD ON: Community Fund SOP’s Discussion

Jennifer Webster, BC Council member

Jennifer noted that with the addition of the nature of the CF requests today, it seemed

apparent that a discussion needs to be done first about criteria; she noted that at the

11/30/20 FC meeting the FC made a motion to suspend the SOP’s until next summer due to

extenuating circumstances related to the pandemic. This also stems from a previous request

that was approved on 11/2/20 for personal equipment (weights) which is a prohibited item

per the SOP’s. Although it was approved due to extenuating health reasons and included a

doctor’s note this nevertheless opens up the CF to anyone wishing anything without the

SOP’s in place; which is not fair. After some discussion the FC did agree to have a special

work meeting to come up with some criteria while the SOP’s are suspended, but disagreed

to put the current requests on hold until after the work meeting.

Motion by Kirby Metoxen to hold a Special Finance Committee meeting within the next two

weeks to review the SOP’s and clarify the criteria. Seconded by Jennifer Webster. Motion

carried unanimously.

VIII.

COMMUNITY FUND:

Report:

1. Monthly Community Fund Update for January 2021

Denise J. Vigue, Executive Assistant to the CFO

Motion by Jennifer Webster to approve the Community Funds Update Report for January 2021.

Seconded by Kirby Metoxen. Motion carried unanimously.

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Finance Committee Meeting Minutes of January 4, 2021

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Requests:

1. Equip: CSC Recumbent Bike

Requester: Todd Graves

Amount: $500.

Motion by Jennifer Webster to deny request. Motion failed for lack of support.

Motion by Kirby Metoxen to approve from the Community Fund the equipment request for a CSC

Recumbent Bike in the amount of $500.00. Seconded by Larry Barton. Jennifer Webster Opposed.

Motion carried.

For the Record: Jennifer Webster said she opposed as she feels this is not fair to review before

further discussion and clarification at the work meeting.

2. Equip: Peloton Bike

Requester: Connie Danforth

Amount: $500.

Motion by Larry Barton to approve this and the following CF request. Motion failed for lack of

support.

Motion by Jennifer Webster to Table this and the following request until the next FC meeting.

Seconded by Larry Barton. Kirby Metoxen abstained. Motion carried.

3. Equip: Peloton Bike

Requester: Connie Danforth for Avery

Amount: $500.

- SEE Motion in CF Request #2.

4. Equip: Bow Flex Home Gym

Requester: Michelle Miller

Amount: $500.

Motion by Jennifer Webster to Table this request until the next FC meeting. Motion failed for lack

of support.

Motion by Larry Barton to approve from the Community Fund the equipment request for a Bow

Flex Home Gym in the amount of $500.00. Seconded by Kirby Metoxen. Jennifer Webster

Opposed. Motion carried.

For the Record: Jennifer Webster said she opposed as she feels this is not fair to review before

further discussion and clarification at the work meeting.

5. Equip: Bow Flex VeloCore Bike

Requester: Stacy Prevost

Amount: $500.

Motion by Larry Barton to approve from the Community Fund the equipment request for a Bow

Flex VeloCore Bike in the amount of $500.00. Seconded by Kirby Metoxen. Jennifer Webster

Opposed. Motion carried.

For the Record: Jennifer Webster said she opposed as she feels this is not fair to review before

further discussion and clarification at the work meeting.

Page 3 of 5

Finance Committee Meeting Minutes of January 4, 2021

Public Packet

6. Kroc Community Center -Membership

Requester: Nancy Barton

Amount: $500.

Motion by Kirby Metoxen to approve from the Community Fund the Kroc Community Center

membership in the amount of $500.00. Seconded by Jennifer Webster. Larry Barton abstained.

Motion carried.

7. Driveway Shooters Basketball -Registration

Requester: Margaret Van Den Heuvel for Gage

Amount: $73.24

Motion by Larry Barton to approve from the Community Fund the Driveway Shooters Basketball

registration for the son of the requester in the amount of $73.24. Seconded by Jennifer Webster.

Motion carried unanimously.

8. Equip: Sunny Hill Elliptical

Requester: Stephanie Skenandore

Amount: $450.

Motion by Larry Barton to approve from the Community Fund the equipment request for a Sunny

Hill Elliptical in the amount of $450.00. Seconded by Kirby Metoxen. Jennifer Webster Opposed.

Motion carried.

For the Record: Jennifer Webster said she opposed as she feels this is not fair to review before

further discussion and clarification at the work meeting.

9. Pure Barre Class Registration

Requester: Conner Kestell

Amount: $500.

Motion by Kirby Metoxen to approve from the Community Fund the Pure Barre Class Registration

in the amount of $500.00. Seconded by Jennifer Webster. Motion carried unanimously.

10. One Wisconsin Volleyball Club Fees

Requester: Sylvia Cornelius for Hannah

Amount: $500.

Motion by Larry Barton to approve from the Community Fund the request for the One Wisconsin

Volleyball Club fees for the daughter of the requester in the amount of $500.00. Seconded by

Jennifer Webster. Motion carried unanimously.

11. Freedom Athletic Assn-Softball Fees

Requester: Cindy John for Mylah

Amount: $50.

Motion by Larry Barton to approve from the Community Fund the request for the Freedom

Athletic Association Softball fees for the daughter of the requester in the amount of $50.00.

Seconded by Jennifer Webster. Motion carried unanimously.

12. Basketball & Volleyball Training Fees

Requester: Margaret Ellis for Majaria

Amount: $550.

Requester is asking for $550 and it is understood the max per individual request is $500.

Motion by Jennifer Webster to approve from the Community Fund the request for Basketball and

Volleyball Training fees for the daughter of the requester in the amount of $500.00. Seconded by

Larry Barton. Motion carried unanimously.

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Finance Committee Meeting Minutes of January 4, 2021

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IX.

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EXECUTIVE SESSION:

Motion by Jennifer Webster to go into Executive Session. Seconded by Kirby Metoxen. Motion

carried unanimously. Time: 10:29 A.M.

Motion by Larry Barton to come out of Executive Session.

Motion carried unanimously. Time: 10:49 A.M.

Seconded by Jennifer Webster.

Consultant Contract #2020-0726

Sharon Mousseau, Oneida Tribal Schools & Tracy Williams, Oneida Language Program

Motion by Jennifer Webster to approve the sole source contract only for this first year of a fiveyear grant with the stipulation that the position must be posted through HRD, using HRD’s Fair

Hiring Practices after the current school year ends. Seconded by Larry Barton. Kirby Metoxen

Opposed. Motion carried.

ADMINISTRATIVE /INTERNAL: None

XI.

FOLLOW UP: None

XII.

FOR INFORMATION ONLY:

EVERI – (6) The Vault Lease Games

David Emerson, Gaming Slots

Motion by Jennifer Webster to accept the EVERI (6) The Vault Lease Games information as FYI.

Seconded by Larry Barton. Motion carried unanimously.

XIII.

ADJOURN: Motion by Larry Barton to adjourn. Seconded by Kirby Metoxen. Motion carried

unanimously. Time: 10:55 A.M.

Minutes submitted by:

Denise J. Vigue, Executive Assistant to the CFO

& Finance Committee Contact/Recording Secretary

Finance Committee Approval Date of Minutes via E-Poll:

January 5, 2021

Page 5 of 5

Finance Committee Meeting Minutes of January 4, 2021

Public Packet

Accept the January 18, 2021, regular Finance Committee meeting minutes

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INTERNAL MEMO

TO:

Finance Committee

FR:

Denise J. Vigue, Executive Assistant to the CFO &

Finance Committee Support /Contact

DT:

Jan. 18, 2021

RE:

E-Poll Results - FC Meeting Minutes of January 18, 2021

An E-Poll vote of the Finance Committee was conducted to approve the Finance

Committee meeting minutes of Jan. 18, 2021. The E-Poll and minutes were sent out

and concluded today. The results of the completed E-Poll are as follows:

E-POLL RESULTS:

Th er e was a M aj or ity o f 4 F C me m b er s v ot i ng t o a p pr ov e t h e J an . 1 8, 20 2 1

Fi na nc e Co m m it te e M ee t in g M i nu t es . FC M e mb er s v o t in g i nc lu d ed: L ar r y B ar t o n,

J en n if er We bs ter , Ch a d F us s , an d Kir by M e t ox e n .

These Finance Committee Minutes of Jan. 18, 2021 will be placed on the next Finance

Committee agenda to ratify this E-Poll action. Per the FC By-Laws all Minutes of the FC

will be submitted to the Secretary’s Office once a month for Council acceptance.

E-Polls of the Finance Committee meeting minutes is part of the FC By-Laws and approval conducted per the FC

SOP’s on Electronic Voting.

Finance Administration Office

Phone: 920- 869-4325

FAO@oneidanation.org

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FINANCE COMMITTEE

FC REGULAR MEETING

January 18, 2021 ▪ Time: 9:00 A.M

Via Microsoft Teams

REGULAR MEETING MINUTES

FC MEMBERS PRESENT (Via Teams):

Cristina Danforth, Treasurer/FC Chair

Jennifer Webster, BC Council Member

Chad Fuss, Asst. Gaming CFO

Larry Barton, CFO/FC Vice-Chair

Kirby Metoxen, BC Council Member

FC MEMBERS EXCUSED: Patrick Stensloff, Purchasing Director

OTHERS PRESENT (Via Teams): Tony Doxtator, Jason Doxtator, Tim Skenandore, Wanda Diemel,

and Denise J. Vigue, taking notes

CALL TO ORDER: The FC Regular Meeting was called to order by the FC Chair at 9:02 A.M.

II.

APPROVAL OF AGENDA: JANUARY 18, 2021

Motion by Chad Fuss to approve the Jan. 18, 2021 FC Meeting Agenda. Seconded by

Jennifer Webster. Motion carried unanimously.

III.

APPROVAL OF MINUTES: JANUARY 4, 2021 (Approved via E-Poll on 1/4/21):

Motion by Jennifer Webster to ratify the FC E-Poll action taken on Jan. 4, 2021 approving

the Jan. 4, 2021 Finance Committee Meeting Minutes. Seconded by Larry Barton. Motion

carried unanimously.

IV.

APPROVAL OF WORK MINUTES: JANUARY 8, 2021 (Approved via E-Poll on 1/11/21):

Motion by Jennifer Webster to ratify the FC E-Poll action taken on Jan. 11, 2021 approving

the Jan. 8, 2021 Finance Committee Work Meeting Minutes. Seconded by Kirby Metoxen.

Motion carried unanimously.

TABLED BUSINESS: None

VI.

CAPITAL EXPENDITURES: None

VII.

NEW BUSINESS:

FY21 Blanket PO – Vertiv Services, Inc

Amount: $157,265.

Tony Doxtator, MIS & Tim Skenandore, Gaming Facilities

This is for annual maintenance support of the power supplies (backup) for Gaming and Programs;

past due, but no late fees.

Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order for Vertiv Services, Inc.

in the amount of $157,265.00. Seconded by Larry Barton. Motion carried unanimously.

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VIII.

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DONATIONS:

REPORT(S):

Monthly Finance Committee Donation Update for January

Denise J. Vigue, Executive Assistant to the CFO

Motion by Jennifer Webster to approve the monthly Finance Committee Donation update for

January. Seconded by Kirby Metoxen. Motion carried unanimously.

REQUESTS:

St. Joseph’s Congregation Church -Maintenance

Requester: Rev. David C. Ruby

Amount: $2,500.

Motion by Jennifer Webster to approve the Donation request from St. Joseph’s Congregation

Church for annual maintenance in the amount of $2,500.00. Seconded by Larry Barton. Motion

carried unanimously.

Immaculate Conception Church -Maintenance

Requester: Rev. David C. Ruby

Amount: $2,500.

Motion by Kirby Metoxen to approve the Donation request from the Immaculate Conception

Church for annual maintenance in the amount of $2,500.00. Seconded by Larry Barton. Motion

carried unanimously.

Church of the Holy Apostles -Headstone

Requester: Rev. Rodger Patience, Vicar

Amount: $2,500.

Motion by Larry Barton to approve the Donation request from the Church of the Holy Apostles

for the purchase of a headstone in the amount of $2,500.00. Seconded by Chad Fuss. Jennifer

Webster and Kirby Metoxen abstained. Motion carried.

IX.

EXECUTIVE SESSION: None

ADMINISTRATIVE /INTERNAL: None

XI.

FOLLOW UP: None

XII.

FOR INFORMATION ONLY: None

XIII.

ADJOURN: Motion by Chad Fuss to adjourn. Seconded by Kirby Metoxen. Motion carried

unanimously. Time: 9:19 A.M.

Minutes submitted by:

Denise J. Vigue, Executive Assistant to the CFO

& Finance Committee Contact/Recording Secretary

Finance Committee Approval Date of Minutes via E-Poll:

January 18, 2021

Page 2 of 2

Finance Committee Meeting Minutes of January 18, 2021

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Oneida Business Committee Agenda Request

Approve the Oneida Nation Emergency Planning Committee bylaw amendments

1. Meeting Date Requested:

/ 27 / 21

2. General Information:

Session:

Open

Agenda Header:

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

Standing Committees

Accept as Information only

Action - please describe:

Adopt the amendments to the Oneida Nation Emergency Planning Committee Bylaws.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. ONEPC Bylaws Amendments Adoption Packet

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, Councilmember

Primary Requestor/Submitter:

Kristen M. Hooker, LRO Staff Attorney

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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ONEIDA NATION EMERGENCY PLANNING COMMITTEE

BYLAWS

Article I. Authority

1-1. Name.

The name of this entity shall be the Oneida Nation Emergency Planning

Committee and may be referred to as the ONEPC.

1-2.

Establishment. The ONEPC was established under the Emergency Management law (f/k/a

the Oneida Emergency Services Ordinance and Emergency Management

and Homeland Security law, respectively), which was adopted by the

Oneida Business Committee through resolution BC-7-15-98-A and

subsequently amended by resolutions BC-12-20-06-G and BC-5-13-09-F.

1-3.

Authority.

(a)

(b)

(c)

The ONEPC was established to serve as the Nation’s emergency planning

and oversight committee, responsible for including, but not limited to, the

following:

To assist the Director of the Emergency Management Department

(“Director”) in drafting and maintaining the Nation’s Emergency Response

Plan (“Plan”);

At the request of the Director, to assist with the implementation of the

Emergency Management law and/or any Plan issued thereunder; and

To carry out any other power and/or duty delegated to the ONEPC through

the laws of the Nation, including, but not limited to, the Emergency

Management law, as may be amended from time-to- time hereafter.

1-4.

Office.

The official mailing address of the ONEPC shall be:

c/o Office of Emergency Management

P.O. Box 365

Oneida, Wisconsin 54155

1-5.

Membership. The ONEPC shall be made up as identified in this section.

(a)

Number of Members. Subject to subsection (d) of this section, the ONEPC

shall be comprised of between nine (9) and ten (10) members, plus eight (8)

alternate members, (collectively “members”) to be made up of the following

individuals:

(1)

One (1) member and one (1) alternate member shall be employed

within the Oneida Police Department;

(2)

One (1) member and one (1) alternate member shall be employed

within the Nation’s Division of Public Works;

(3)

One (1) member and one (1) alternate member shall be employed

within the Nation’s Comprehensive Health Division;

(4)

One (1) member and one (1) alternate member shall be employed

within the Nation’s Community Economic and Development

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(b)

(c)

Division;

(5)

One (1) member and one (1) alternate member shall be employed

within the Nation’s Environmental, Health, Safety, Land and

Agriculture Division;

(6)

One (1) member and one (1) alternate member shall be employed

within the Nation’s Gaming Division;

(7)

One (1) member and one (1) alternate member shall be employed

within the Nation’s Governmental Services Division;

(8)

One (1) member and one (1) alternate member shall be employed

within the Nation’s Comprehensive Housing Division; and

(9)

At least one (1) but no more than two (2) members shall be

representatives from the Oneida community.

(A)

The number of community representative members shall be

decided by majority vote of the members present at an

ONEPC meeting of an established quorum.

Appointment. Members of the ONEPC shall be appointed by the Oneida

Business Committee in accordance with the Boards, Committees and

Commissions law.

(1)

The terms of the ONEPC membership shall be as follows:

(A)

The term for members listed in section 1-5(a)(1)-(8) of these

bylaws shall coincide with the term of their employment

within the position that qualifies them for membership.

(B)

The term for members listed in section 1-5(a)(9) of these

bylaws shall be three (3) years.

(2)

The ONEPC Chairperson shall review all application materials and

submit a recommendation for appointment to the Oneida Business

Committee in accordance with the Boards, Committees and

Commissions law.

(A)

The recommendation of the ONEPC Chairperson shall be

determined by majority vote of the members present at an

ONEPC meeting of an established quorum.

Vacancies. Vacancies of the ONEPC shall be filled in accordance with the

Boards, Committees and Commissions law.

(1)

A seat on the ONEPC shall be considered vacant as follows:

(A)

End of Term. A vacancy is effective as of 4:30 p.m. on the

last day of the month in which the term ends.

(i)

Although a member’s position is considered vacant

once his or her term ends, that member may remain

in office until a successor has been sworn in by the

Oneida Business Committee.

(B)

Termination of Appointment. An ONEPC member may have

his or her appointment terminated by the Oneida Business

Committee in accordance with the Boards, Committees and

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(d)

1-6.

Commissions law.

(C)

Resignation. An ONEPC member may resign at any time

verbally at a meeting or by delivering written notice to the

Business Committee Support Office and the ONEPC Chairperson or Chairperson’s designee. The resignation is deemed

effective upon:

(i)

Deliverance of the written notices to the Business

Committee Support Office and the ONEPC Chairperson or Chairperson’s designee; or

(ii)

Acceptance by motion of the ONEPC of a member’s

verbal resignation.

Qualifications of Members.

(1)

To qualify for membership on the ONEPC, all applicants must:

(A)

Except as provided herein, be an enrolled member of the

Oneida Nation;

(i)

One (1) of the area representative members listed in

section 1-5(a)(1)-(8) of these bylaws may be a nonmember of the Oneida Nation.

(B)

Be at least twenty-one (21) years of age;

(C)

Be eligible to serve under the conflicts of interest provisions

set forth in the Boards, Committees and Commissions law;

and

(D)

Pass a background check.

(i)

Area representative members listed in section 1-5(a)

(1)-(8) who passed a background check to be an

employee of the Nation in their representative area

shall be considered to have passed the background

check required hereunder.

(2)

To qualify for membership under section 1-5(a)(1)-(8) of these

bylaws, applicants must further:

(A)

Be an employee of the respective division, department or

office they are applying to represent; and

(B)

Submit a letter of recommendation from the head of such

division, department or office.

Termination. Upon majority vote of the members present at an ONEPC meeting of an

established quorum, the ONEPC may recommend that the Oneida Business

Committee terminate the appointment of an ONEPC member pursuant to

the Boards, Committees and Commissions law.

(a)

The ONEPC may recommend the Oneida Business Committee terminate a

member’s appointment based on the following:

(1)

A member accumulates three (3) or more unexcused absences from

a scheduled ONEPC meeting within a one (1) year period; or

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(2)

1-7.

Trainings and Conferences. Mandatory trainings/conferences for members of the ONEPC

shall be as follows:

(a)

Members are required to obtain a certificate of training for ICS 100 and ICS

200 classes.

(b)

At the Director’s request, members shall attend the Wisconsin Emergency

Management Governor’s Conference and the Wisconsin Emergency

Management Association Conference on an annual basis.

(c)

Regardless of the number of trainings/conferences that he or she is required

to attend, no ONEPC member shall be eligible to receive stipends for

attending more than five (5) full days of mandatory trainings/conferences

per year.

(1)

The Emergency Management Department will provide funding for

registration, transportation and per-diem to any ONEPC member

who attends either of the conferences listed in subsection (b) of this

section.

(2)

ONEPC members must receive a signed travel authorization from

the Director before attending a training or conference hereunder.

Article II. Officers

2-1. Officers.

2-2.

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(A)

An ONEPC member shall be deemed unexcused if he or she

fails to provide written notice of the absence to an ONEPC

Officer at least thirty (30) minutes before the missed

meeting.

A material violation of these bylaws and/or any other laws or

policies of the Nation.

The ONEPC shall have three (3) Officer positions, consisting of a Chairperson, a Vice-Chairperson and a Secretary, who shall hold office for three

(3) year terms.

Responsibilities of the Chairperson. The responsibilities, duties and limitations of the

Chairperson shall be as follows:

(a)

To call all meetings and, with the Secretary’s assistance, notify all ONEPC

members of meetings in accordance with these bylaws and the Boards,

Committees and Commissions law;

(b)

To preside over all meetings of the ONEPC;

(c)

To submit, or have submitted through a designee, annual and semi-annual

reports to the Oneida General Tribal Council, as well as quarterly reports to

the Oneida Business Committee, consistent with the Boards, Committees

and Commissions law; and

(d)

To attend, or designate an ONEPC member to attend, the Oneida Business

Committee meeting in which the ONEPC’s quarterly report appears on the

agenda.

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2-3.

Responsibilities of the Vice-Chairperson. The responsibilities, duties and limitations of the

Vice-Chairperson shall be as follows:

(a)

To preside over all meetings of the ONEPC in the absence of the Chairperson and appoint a Vice-Chairperson for that meeting;

(b)

To work with the Chairperson on all matters that concern the ONEPC; and

(c)

In the event of a vacancy of the Chairperson, to fill the Chairperson position

until such time as an election can be held in accordance with section 2-6 of

these bylaws.

2-4.

Responsibilities of the Secretary. The responsibilities, duties and limitations of the

Secretary shall be as follows:

(a)

To ensure that the minutes of all ONEPC meetings are recorded, reported

and maintained in accordance with these bylaws, the Boards, Committees

and Commissions law, and the Open Records and Open Meetings law;

(b)

In the event both the Chairperson and Vice-Chairperson positions become

vacant before the end of their terms, to call ONEPC meetings to fill the

vacancies and to preside over the meetings for the sole purpose of

conducting an election of new Officers, at which point the Chairperson, or

Vice-Chairperson in the absence of the Chairperson, shall preside; and

(c)

To assist the Chairperson in providing the notice in section 2-2(a) of these

bylaws and, at least seventy-two (72) hours before each meeting, to further

provide notice of all meetings, meeting agendas, documents and minutes

pursuant to these bylaws, the Boards, Committees and Commissions law,

and the Open Records and Open Meetings law.

2-5.

Ad Hoc Committees. The ONEPC may create ad hoc committees when it deems necessary

to serve at the pleasure of the ONEPC.

(a)

Ad hoc committees of the ONEPC shall be created, operated and dissolved

in accordance with the Boards, Committees and Commissions law.

(b)

Ad hoc committees may contain non-ONEPC members.

(c)

Members of ad hoc committees shall not be eligible for stipends unless a

specific exception is made by the Oneida Business Committee or Oneida

General Tribal Council.

2-6.

Selection of Officers. ONEPC Officers shall be elected by a majority vote of the members

present at an ONEPC meeting of an established quorum.

(a)

Members may be dismissed from their Officer positions by a majority vote

of the members present at an ONEPC meeting of an established quorum.

(b)

In the event of a vacancy before the end of an Officer’s term, a successor

shall be elected by majority vote of the members present at an ONEPC

meeting of an established quorum for the duration of the unexpired term.

(c)

Officers shall hold no more than one (1) Officer position per Officer term.

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2-7.

Purchases and Travel. The ONEPC shall follow the Nation’s policies and procedures

regarding purchasing and sign-off authority.

(a)

The levels of budgetary sign-off authority for the ONEPC shall be as set

forth in the manual titled, Oneida Tribe of Indians of Wisconsin Purchasing

Policies and Procedures, for Area Directors/Enterprise Directors.

(1)

All ONEPC Officers have sign-off authority and two (2) Officers

shall be required to sign-off on all budgetary requests.

(A)

Upon formal approval of a purchase by the ONEPC, the

Business Committee Support Office shall have official

budgetary sign-off authority for the ONEPC.

(b)

The ONEPC shall approve a member’s request to travel on behalf of the

ONEPC by majority vote of the members present at a regular or emergency

ONEPC meeting of an established quorum.

2-8.

Personnel.

The ONEPC shall not have the authority to hire personnel for the benefit of

the ONEPC.

Article III. Meetings

3-1. Regular Meetings. Meetings of the ONEPC shall be held every month during regular

business hours at a location within the Reservation boundaries.

(a)

The date, time and location of the meetings shall be set at the first ONEPC

meeting of an established quorum by majority vote of the members present.

(1)

The ONEPC meeting date, time and/or location may change from

time-to-time as determined by majority vote of the members present

at an ONEPC meeting of an established quorum so long as notice is

provided in accordance with the Nation’s Open Records and Open

Meetings law prior to the implementation of a new date, time and/or

location.

(b)

The Secretary shall provide written notice of meeting agendas, documents,

and minutes to all ONEPC members at least seventy-two (72) hours before

each meeting and shall further provide notice of the same in accordance

with the Nation’s Open Records and Open Meetings law.

(c)

ONEPC meetings may be attended in person, by telephone, through videoconferencing or through other telecommunications so long as presence at

the meeting occurs and is demonstrated in accordance with the Boards,

Committees and Commissions law.

(d)

Unless it would conflict with an express provision of these bylaws or the

Boards, Committees and Commissions law, Robert’s Rules of Order shall

be used as a guideline when conducting meetings of the ONEPC.

3-2.

Semi-Annual Meetings. The ONEPC may hold semi-annual meetings with certain entities

of the Nation for the purpose of providing emergency planning, training and

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(a)

education.

Semi-annual meetings of the ONEPC shall not qualify as a meeting for

purposes of stipend eligibility.

3-3.

Emergency Meetings. An emergency meeting of the ONEPC may be called when an issue

arises requiring immediate action by the ONEPC that cannot wait until its

next regularly scheduled meeting.

(a)

Emergency meetings of the ONEPC may be called by the Chairperson or

Vice-Chairperson.

(b)

The Secretary shall provide notice to all ONEPC members in writing, as

well as by telephone call, at least twenty-four (24) hours before the

scheduled meeting and shall further provide notice in accordance with the

Nation’s Open Records and Open Meetings law.

(1)

Written notice provided via email communication must be sent to

the official Oneida Nation email address provided to all members to

conduct business electronically on behalf of the ONEPC.

(c)

Emergency ONEPC meetings may be attended in person, by telephone,

through video-conferencing or through other telecommunications so long

as presence at the meeting occurs and is demonstrated in accordance with

the Boards, Committees and Commissions law.

(d)

Within seventy-two (72) hours after an emergency meeting, the ONEPC

shall provide the Nation’s Secretary with notice of the emergency meeting,

the reason for the emergency meeting, and an explanation as to why the

matter could not wait until the next regular meeting.

3-4.

Joint Meetings. Joint meetings between the ONEPC and the Oneida Business Committee

shall not be held.

3-5.

Quorum.

(a)

3-6.

A quorum of the ONEPC shall consist of no less than a simple majority of

the current membership, one of which shall be the Chairperson or ViceChairperson.

In lieu of the Chairperson or Vice-Chairperson, the Secretary may complete

a quorum for any meeting called pursuant to section 2-4(b) of these bylaws.

Order of Business. The regular meetings of the ONEPC shall follow the order of business

as set out herein:

(a)

Call to Order

(b)

Adopt the Agenda

(c)

Approval of Minutes

(d)

Old Business

(e)

New Business

(f)

Emergency Management Director Report

(g)

Ad Hoc Committee Reports

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(i)

(j)

3-7.

Voting.

(a)

(b)

Other Business

Open Session

Adjournment

The ONEPC shall make decisions by majority vote of its members present

at any ONEPC meeting of an established quorum.

The Chairperson, or Vice-Chairperson if presiding in lieu of the Chairperson or Secretary if presiding under section 2-4(b) of these bylaws, shall

vote only in the event of a tie.

E-polls shall not be permissible for voting purposes.

Article IV. Expectations

4-1. Behavior of Members.

(a)

Attendance and participation are important contributors to the ONEPC’s

effectiveness. Members shall prepare for and attend all ONEPC meetings

unless excused in accordance with these bylaws.

(b)

Members shall comply with these bylaws and any other governing laws and/

or polices of the Nation.

(c)

Community representative members serve as the ONEPC’s community

liaison and are expected to conduct themselves in a professional manner

when acting in said capacity.

(d)

Enforcement. Members found in violation of this section may be subject to

one or more of the following as determined by majority vote of the members

present at an ONEPC meeting of an established quorum:

(1)

A request for the member’s resignation;

(2)

A recommendation to the Oneida Business Committee to terminate

the member’s appointment pursuant to the Boards, Committees and

Commissions law;

(3)

A notice of violation to the head of the member’s representative area

within the Nation; and/or

(4)

Disciplinary action in accordance with any law of the Nation

governing sanctions and penalties for appointed officials.

(e)

Prior to acting under subsection (d) of this section, the Chairperson or

Officer designated by the Chairperson shall send a certified letter to the

member, inquiring into his or her explanation/intentions regarding the issue.

(1)

If the member fails to respond to the Chairperson or Officer designee

within ten (10) business days of receiving the letter, he or she will

be subject to possible action under subsection (d) of this section.

(A)

The certified letter from the Chairperson or Officer designee

shall include the language set forth in subsection (e)(1) of

this section.

(2)

If the member provides a timely response to the Chairperson or

Officer designee, the ONEPC will decide by majority vote of the

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members present at a meeting of an established quorum whether,

based on the response, the member should be subject to enforcement

under subsection (d) of this section or a lesser form of corrective

action.

4-2.

Prohibition of Violence. Members of the ONEPC are prohibited from committing any

intentionally violent act that inflicts, attempts to inflict, or threatens to inflict

emotional or bodily harm on another person or damage to personal property.

4-3.

Drug and Alcohol Use. All members of the ONEPC are prohibited from using alcohol or

prohibited drugs while acting in the official capacity as an ONEPC member.

4-4.

Social Media. All members of the ONEPC shall be required to follow the Oneida Nation’s

Social Media Policy and their oath of office when acting in their official

capacity as an ONEPC member.

4-5.

Conflict of Interest. Members of the ONEPC shall abide by all laws of the Nation governing

conflicts of interest.

(a)

Community representative members shall be required to sign a

confidentiality agreement before serving in their official capacity on the

ONEPC.

Article V. Stipends and Compensation

5-1. Stipends.

Dependent upon available budgeted funds, stipend eligibility shall be as set

forth in and subject to these bylaws; the Boards, Committees and

Commissions law; resolution BC-08-12-20-C titled, Amended Boards,

Committees and Commissions Law Stipends, as may be further amended

from time-to-time hereafter; and as follows:

(a)

Community Representatives. The community representative member(s) of

the ONEPC shall be eligible to receive:

(1)

No more than twelve (12) meeting stipends per fiscal year, provided

that:

(A)

A quorum was established;

(B)

The meeting of the established quorum lasted for a minimum

of one (1) hour; and

(C)

The community representative member collecting the

stipend was present for the entire meeting as defined and

demonstrated in accordance with the Boards, Committees

and Commissions law.

(2)

A stipend for attending a Judiciary hearing so long as the community

representative member’s attendance at the hearing was required by

official subpoena.

(3)

A stipend for attending a conference or training, provided that:

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(A)

The amount of stipend the member is eligible to receive for

attending a conference or training shall be dependent on

whether the member attended up to four (4) hours of the

conference/training or more than four (4) hours of the

conference/training; and

(B)

The community representative member’s attendance at the

conference or training was required by law, bylaws or

resolution.

Area Representatives. ONEPC members appointed under section 1-5(a)(1)(8) of these bylaws shall not collect stipends despite their eligibility under

the Boards, Committees and Commissions law.

Compensation. Besides travel, per diem and business expense reimbursement as authorized

under the Boards, Committees and Commissions law, ONEPC members

shall not be eligible for any other type of compensation for duties/activities

they perform on behalf of the ONEPC.

(a)

Proof of attendance at the training or conference, along with all necessary

receipts and/or reports in support of a member’s allowable expenses, must

be provided to the Director of the Emergency Management Department

before members may qualify for compensation hereunder.

Article VI. Records and Reporting

6-1. Agenda Items. ONEPC agenda items shall follow the format identified in section 3-6 of

these bylaws as the Order of Business.

6-2.

Minutes.

(a)

(b)

Minutes shall be typed and in a format that is consistent with the format

informative record of the ONEPC meetings.

Actions taken by the ONEPC are valid once the corresponding minutes are

approved by the ONEPC; provided, the minutes are recorded, transcribed,

approved and filed/maintained in accordance with these bylaws.

All minutes shall be submitted to the Business Committee Support Office

within thirty (30) days of their approval by the ONEPC.

6-3.

Attachments. Handouts, reports, memoranda and the like shall be attached to their

corresponding minutes and agenda and maintained in accordance with the

Nation’s Open Records and Open Meetings law.

6-4.

Oneida Business Committee Liaison. The ONEPC shall regularly communicate with the

member of the Oneida Business Committee who is its designated liaison.

(a)

The frequency and method of communication shall be as agreed upon by

the ONEPC and the liaison, but not less than that required in any law or

policy on reporting developed by the Oneida Business Committee or the

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(b)

6-5.

Oneida General Tribal Council.

The purpose of the liaison relationship is to uphold the ability of the liaison

to act as support to the ONEPC.

Audio Recordings. All meetings of the ONEPC shall be audio recorded by the Secretary or

Secretary’s designee using a device provided or approved by the Business

Committee Support Office.

(a)

Audio recordings of ONEPC meetings shall be maintained in accordance

with the Nation’s Open Records and Open Meetings law.

(b)

Exception. Audio recordings of executive session portions of an ONEPC

meeting shall not be required.

Article VII. Amendments

7-1. Amendments to Bylaws. Amendments may be made to these bylaws at a regular ONEPC

meeting of an established quorum; provided, written notice of the proposed

amendments was made at a prior regular meeting and in accordance with

these bylaws, as well as any governing provisions of the Nation’s Open

Records and Open Meetings law.

(a)

A two-thirds vote of the members present at an ONEPC meeting of an

established quorum is required to amend these bylaws and amendments

are effective upon adoption by the ONEPC and approval by the Oneida

Business Committee, as well as the Oneida General Tribal Council if

required.

(b)

Any amendments to these bylaws shall conform to the requirements of the

Boards, Committees and Commissions law, as well as any other policy of

the Nation.

(c)

The ONEPC shall conduct a review of these bylaws no less than on an

annual basis.

Article VIII. Dissolution

8-1. Dissolution of the ONEPC. The ONEPC shall be dissolved only by motion of the Oneida

General Tribal Council or the Oneida Business Committee.

(a)

In the event of dissolution of the ONEPC, the Chairperson and Secretary

shall be responsible for closing out all open business of the ONEPC and

forwarding all materials and records to the Business Committee Support

Office for proper storage and disposal.

(1)

Unless otherwise granted an extension per the Boards, Committees

and Commission law, all open business shall be closed out and all

materials and records forwarded to the Business Committee Support

Office within two (2) weeks of dissolution.

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These bylaws, as amended and revised, are hereby attested to as adopted by the Oneida Nation

Emergency Planning Committee at a duly called meeting by the Chairperson’s signature on this

______ day of

_____, 202_.

Chairperson

Emergency Planning Committee

and approved by the Oneida Business Committee at a duly called meeting held on this

______, 202_ by the Secretary of the Oneida Business Committee’s signature.

day

Lisa Liggins, Secretary

Oneida Business Committee

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ONEIDA NATION EMERGENCY PLANNING COMMITTEE

BYLAWS

Article I. Authority

1-1. Name.

The name of this entity shall be the Oneida Nation Emergency Planning

Committee and may be referred to as the ONEPC.

1-2.

Establishment. The ONEPC was established under the Emergency Management law (f/k/a

the Oneida Emergency Services Ordinance and Emergency Management

and Homeland Security law, respectively), which was adopted by the

Oneida Business Committee through resolution BC-7-15-98-A and

subsequently amended by resolutions BC-12-20-06-G and BC-5-13-09-F.

1-3.

Authority.

(a)

(b)

(c)

The ONEPC was established to serve as the Nation’s emergency planning

and oversight committee, responsible for including, but not limited to, the

following:

To assist the Director of the Emergency Management Department

(“Director”) in drafting and maintaining the Nation’s Emergency Response

Plan (“Plan”);

At the request of the Director, to assist with the implementation of the

Emergency Management law and/or any Plan issued thereunder; and

To carry out any other power and/or duty delegated to the ONEPC through

the laws of the Nation, including, but not limited to, the Emergency

Management law, as may be amended from time-to- time hereafter.

1-4.

Office.

The official mailing address of the ONEPC shall be:

c/o Office of Emergency Management

P.O. Box 365

Oneida, Wisconsin 54155

1-5.

Membership. The ONEPC shall be made up as identified in this section.

(a)

Number of Members. Subject to subsection (d) of this section, the ONEPC

shall be comprised of between seven (7nine (9) and eight (8ten (10)

members, plus six (6eight (8)

alternate members, (collectively “members”)

to be made up of the following individuals:

(1)

One (1) member and one (1) alternate member shall be employed

within the Oneida Police Department;

(2)

One (1) member and one (1) alternate member shall be employed

within the Nation’s Division of Public Works;

(3)

One (1) member and one (1) alternate member shall be employed

within the Nation’s Comprehensive Health Division;

(4)

One (1) member and one (1) alternate member shall be employed

within the Nation’s Community Economic and Development

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Division;

(5)

One (1) member and one (1) alternate member shall be employed

within the Nation’s Environmental, Health, Safety, Land and

Agriculture Division;

(6)

One (1) member and one (1) alternate member shall be employed

within the Nation’s Gaming Division; and

(7 (7)

One (1) member and one (1) alternate member shall be employed

within the Nation’s Governmental Services Division;

(8)

One (1) member and one (1) alternate member shall be employed

within the Nation’s Comprehensive Housing Division; and

(9)

At least one (1) but no more than two (2) members shall be

representatives from the Oneida community.

(A)

The number of community representatives representative

members shall be

decided

majority

vote of the members present at an

ONEPC

meeting of an established quorum.

(b)

Appointment. Members of the ONEPC shall be appointed by the Oneida

Business Committee in accordance with the Boards, Committees and

Commissions law.

(1)

The terms of the ONEPC membership shall be as follows:

(A)

The term for members listed in section 1-5(a)(1)-(68) of

these

bylaws shall coincide with the term of their employment

within the position that qualifies them for membership.

(B)

The term for members listed in section 1-5(a)(79) of these

bylaws shall be three (3) years.

(2)

The ONEPC Chairperson shall review all application materials and

submit a recommendation for appointment to the Oneida Business

Committee in accordance with the Boards, Committees and

Commissions law.

(A)

The recommendation of the ONEPC Chairperson shall be

determined by majority vote of the members present at an

ONEPC meeting of an established quorum.

(c)

Vacancies. Vacancies of the ONEPC shall be filled in accordance with the

Boards, Committees and Commissions law.

(1)

A seat on the ONEPC shall be considered vacant as follows:

(A)

End of Term. A vacancy is effective as of 4:30 p.m. on the

last day of the month in which the term ends.

(i)

Although a member’s position is considered vacant

once his or her term ends, that member may remain

in office until a successor has been sworn in by the

Oneida Business Committee.

(B)

Termination of Appointment. An ONEPC member may have

his or her appointment terminated by the Oneida Business

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Committee in accordance with the Boards, Committees and

Commissions law.

(C)

Resignation. An ONEPC member may resign at any time

verbally at a meeting or by delivering written notice to the

Business Committee Support Office and the ONEPC Chairperson or Chairperson’s designee. The resignation is deemed

effective upon:

(i)

Deliverance of the written notices to the Business

Committee Support Office and the ONEPC Chairperson or Chairperson’s designee; or

(ii)

Acceptance by motion of the ONEPC of a member’s

verbal resignation.

(d)

Qualifications of Members.

(1)

To qualify for membership on the ONEPC, all applicants must:

(A)

BeExcept as provided herein, be an enrolled

membersmember of the

Oneida Nation;

(B)

Reside within the boundaries of the Oneida Nation;

(C)

(i)

One (1) of the area

representative members listed in

section 1-5(a)(1)-(8)

of these bylaws may be a nonmember of the

Oneida Nation.

(B)

Be at least twenty-one (21) years of age;

(DC) Be eligible to serve under the conflicts of interest provisions

set forth in the Boards, Committees and Commissions law;

and

(ED) Pass a background check.

(i)

Area representative members listed in section 1-5(a)

(1)-(8) who passed a background check to be an

employee of the Nation in their representative area

shall be considered to have passed the background

check required hereunder.

(2)

To qualify for membership under section 1-5(a)(1)-(68) of these

bylaws, applicants must further:

(A)

Be an employee of the respective division, department or

office they are applying to represent; and

(B)

Submit a letter of recommendation from the head of such

division, department or office.

1-6.

Termination. Upon majority vote of the members present at an ONEPC meeting of an

established quorum, the ONEPC may recommend that the Oneida Business

Committee terminate the appointment of an ONEPC member pursuant to

the Boards, Committees and Commissions law.

(a)

The ONEPC may recommend the Oneida Business Committee terminate a

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member’s appointment based on the following:

(1)

A member accumulates three (3) or more unexcused absences from

a scheduled ONEPC meeting within a one (1) year period; or

(A)

An ONEPC member shall be deemed unexcused if he or she

fails to provide written notice of the absence to an ONEPC

Officer at least thirty (30) minutes before the missed

meeting.

(2)

A material violation of these bylaws and/or any other laws or

policies of the Nation.

1-7.

Trainings and Conferences. Mandatory trainings/conferences for members of the ONEPC

shall be as follows:

(a)

Members are required to obtain a certificate of training for ICS 100 and ICS

200 classes.

(b)

At the Director’s request, members shall attend the Wisconsin Emergency

Management Governor’s Conference and the Wisconsin Emergency

Management

Association Conference on an

annual basis.

(c)

Regardless of the number of trainings/conferences that he or she is required

to attend, no ONEPC member shall be eligible to receive stipends for

attending more than five (5) full days of mandatory trainings/conferences

per year.

(1)

The Emergency Management Department will provide funding for

registration, transportation and per-diem to any ONEPC member

who attends either of the conferences listed in subsection (b) of this

section.

(2)

ONEPC members must receive a signed travel authorization from

the Director before attending a training or conference hereunder.

Article II. Officers

2-1. Officers.

2-2.

The ONEPC shall have three (3) Officer positions, consisting of a Chairperson, a Vice-Chairperson and a Secretary, who shall hold office for three

(3) year terms.

Responsibilities of the Chairperson. The responsibilities, duties and limitations of the

Chairperson shall be as follows:

(a)

To call all meetings and, with the Secretary’s assistance, notify all ONEPC

members of meetings in accordance with these bylaws and the Boards,

Committees and Commissions law;

(b)

To preside over all meetings of the ONEPC;

(c)

To submit, or have submitted through a designee, annual and semi-annual

reports to the Oneida General Tribal Council, as well as quarterly reports to

the Oneida Business Committee, consistent with the Boards, Committees

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(d)

and Commissions law; and

To attend, or designate an ONEPC member to attend, the Oneida Business

Committee meeting in which the ONEPC’s quarterly report appears on the

agenda.

2-3.

Responsibilities of the Vice-Chairperson. The responsibilities, duties and limitations of the

Vice-Chairperson shall be as follows:

(a)

To preside over all meetings of the ONEPC in the absence of the Chairperson and appoint a Vice-Chairperson for that meeting;

(b)

To work with the Chairperson on all matters that concern the ONEPC; and

(c)

In the event of a vacancy of the Chairperson, to fill the Chairperson position

until such time as an election can be held in accordance with section 2-6 of

these bylaws.

2-4.

Responsibilities of the Secretary. The responsibilities, duties and limitations of the

Secretary shall be as follows:

(a)

To ensure that the minutes of all ONEPC meetings are recorded, reported

and maintained in accordance with these bylaws, the Boards, Committees

and Commissions law, and the Open Records and Open Meetings law;

(b)

In the event both the Chairperson and Vice-Chairperson positions become

vacant before the end of their terms, to call ONEPC meetings to fill the

vacancies and to preside over the meetings for the sole purpose of

conducting an election of new Officers, at which point the Chairperson, or

Vice-Chairperson in the absence of the Chairperson, shall preside; and

(c)

To assist the Chairperson in providing the notice in section 2-2(a) of these

bylaws and, at least seventy-two (72) hours before each meeting, to further

provide notice of all meetings, meeting agendas, documents and minutes

pursuant to these bylaws, the Boards, Committees and Commissions law,

and the Open Records and Open Meetings law.

2-5.

Ad Hoc Committees. The ONEPC may create ad hoc committees when it deems necessary

to serve at the pleasure of the ONEPC.

(a)

Ad hoc committees of the ONEPC shall be created, operated and dissolved

in accordance with the Boards, Committees and Commissions law.

(b)

Ad hoc committees may contain non-ONEPC members.

(c)

Members of ad hoc committees shall not be eligible for stipends unless a

specific exception is made by the Oneida Business Committee or Oneida

General Tribal Council.

2-6.

Selection of Officers. ONEPC Officers shall be elected by a majority vote of the members

present at an ONEPC meeting of an established quorum.

(a)

Members may be dismissed from their Officer positions by a majority vote

of the members present at an ONEPC meeting of an established quorum.

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In the event of a vacancy before the end of an Officer’s term, a successor

shall be elected by majority vote of the members present at an ONEPC

meeting of an established quorum for the duration of the unexpired term.

Officers shall hold no more than one (1) Officer position per Officer term.

2-7.

Purchases and Travel. The ONEPC shall follow the Nation’s policies and procedures

regarding purchasing and sign-off authority.

(a)

The levels of budgetary sign-off authority for the ONEPC shall be as set

forth in the manual titled, Oneida Tribe of Indians of Wisconsin Purchasing

Policies and Procedures, for Area Directors/Enterprise Directors.

(1)

All ONEPC Officers have sign-off authority and two (2) Officers

shall be required to sign-off on all budgetary requests.

(A)

Upon formal approval of a purchase by the ONEPC, the

Business Committee Support Office shall have official

budgetary sign-off authority for the ONEPC.

(b)

The ONEPC shall approve a member’s request to travel on behalf of the

ONEPC by majority vote of the members present at a regular or emergency

ONEPC meeting of an established quorum.

2-8.

Personnel.

The ONEPC shall not have the authority to hire personnel for the benefit of

the ONEPC.

Article III. Meetings

3-1. Regular Meetings. Meetings of the ONEPC shall be held every month during regular

business hours at a location within the Reservation boundaries.

(a)

The date, time and location of the meetings shall be set at the first ONEPC

meeting of an established quorum by majority vote of the members present.

(1)

The ONEPC meeting date, time and/or location may change from

time-to-time as determined by majority vote of the members present

at an ONEPC meeting of an established quorum so long as notice is

provided in accordance with the Nation’s Open Records and Open

Meetings law prior to the implementation of a new date, time and/or

location.

(b)

The Secretary shall provide written notice of meeting agendas, documents,

and minutes to all ONEPC members at least seventy-two (72) hours before

each meeting and shall further provide notice of the same in accordance

with the Nation’s Open Records and Open Meetings law.

(c)

ONEPC meetings may be attended in person, by telephone, through videoconferencing or through other telecommunications so long as presence at

the meeting occurs and is demonstrated in accordance with the Boards,

Committees and Commissions law.

(d)

Unless it would conflict with an express provision of these bylaws or the

Boards, Committees and Commissions law, Robert’s Rules of Order shall

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be used as a guideline when conducting meetings of the ONEPC.

3-2.

Semi-Annual Meetings. The ONEPC may hold semi-annual meetings with certain entities

of the Nation for the purpose of providing emergency planning, training and

education.

(a)

Semi-annual meetings of the ONEPC shall not qualify as a meeting for

purposes of stipend eligibility.

3-3.

Emergency Meetings. An emergency meeting of the ONEPC may be called when an issue

arises requiring immediate action by the ONEPC that cannot wait until its

next regularly scheduled meeting.

(a)

Emergency meetings of the ONEPC may be called by the Chairperson or

Vice-Chairperson.

(b)

The Secretary shall provide notice to all ONEPC members in writing, as

well as by telephone call, at least twenty-four (24) hours before the

scheduled meeting and shall further provide notice in accordance with the

Nation’s Open Records and Open Meetings law.

(1)

Written notice provided via email communication must be sent to

the official Oneida Nation email address provided to all members to

conduct business electronically on behalf of the ONEPC.

(c)

Emergency ONEPC meetings may be attended in person, by telephone,

through video-conferencing or through other telecommunications so long

as presence at the meeting occurs and is demonstrated in accordance with

the Boards, Committees and Commissions law.

(d)

Within seventy-two (72) hours after an emergency meeting, the ONEPC

shall provide the Nation’s Secretary with notice of the emergency meeting,

the reason for the emergency meeting, and an explanation as to why the

matter could not wait until the next regular meeting.

3-4.

Joint Meetings. Joint meetings between the ONEPC and the Oneida Business Committee

shall not be held.

3-5.

Quorum.

(a)

3-6.

A quorum of the ONEPC shall consist of no less than a simple majority of

the current membership, one of which shall be the Chairperson or ViceChairperson.

In lieu of the Chairperson or Vice-Chairperson, the Secretary may complete

a quorum for any meeting called pursuant to section 2-4(b) of these bylaws.

Order of Business. The regular meetings of the ONEPC shall follow the order of business

as set out herein:

(a)

Call to Order

(b)

Adopt the Agenda

(c)

Approval of Minutes

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(d)

(e)

(f)

(g)

(h)

(i)

(j)

3-7.

Voting.

(a)

(b)

Old Business

New Business

Emergency Management Director Report

Ad Hoc Committee Reports

Other Business

Open Session

Adjournment

The ONEPC shall make decisions by majority vote of its members present

at any ONEPC meeting of an established quorum.

The Chairperson, or Vice-Chairperson if presiding in lieu of the Chairperson or Secretary if presiding under section 2-4(b) of these bylaws, shall

vote only in the event of a tie.

E-polls shall not be permissible for voting purposes.

Article IV. Expectations

4-1. Behavior of Members.

(a)

Attendance and participation are important contributors to the ONEPC’s

effectiveness. Members shall prepare for and attend all ONEPC meetings

unless excused in accordance with these bylaws.

(b)

Members shall comply with these bylaws and any other governing laws and/

or polices of the Nation.

(c)

Community representative members serve as the ONEPC’s community

liaison and are expected to conduct themselves in a professional manner

when acting in said capacity.

(d)

Enforcement. Members found in violation of this section may be subject to

one or more of the following as determined by majority vote of the members

present at an ONEPC meeting of an established quorum:

(1)

A request for the member’s resignation;

(2)

A recommendation to the Oneida Business Committee to terminate

the member’s appointment pursuant to the Boards, Committees and

Commissions law;

(3)

A notice of violation to the head of the member’s representative area

within the Nation; and/or

(4)

Disciplinary action in accordance with any law of the Nation

governing sanctions and penalties for appointed officials.

(e)

Prior to acting under subsection (d) of this section, the Chairperson or

Officer designated by the Chairperson shall send a certified letter to the

member, inquiring into his or her explanation/intentions regarding the issue.

(1)

If the member fails to respond to the Chairperson or Officer designee

within ten (10) business days of receiving the letter, he or she will

be subject to possible action under subsection (d) of this section.

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(A)

The certified letter from the Chairperson or Officer designee

shall include the language set forth in subsection (e)(1) of

this section.

If the member provides a timely response to the Chairperson or

Officer designee, the ONEPC will decide by majority vote of the

members present at a meeting of an established quorum whether,

based on the response, the member should be subject to enforcement

under subsection (d) of this section or a lesser form of corrective

action.

4-2.

Prohibition of Violence. Members of the ONEPC are prohibited from committing any

intentionally violent act that inflicts, attempts to inflict, or threatens to inflict

emotional or bodily harm on another person or damage to personal property.

4-3.

Drug and Alcohol Use. All members of the ONEPC are prohibited from using alcohol or

prohibited drugs while acting in the official capacity as an ONEPC member.

4-4.

Social Media. All members of the ONEPC shall be required to follow the Oneida Nation’s

Social Media Policy and their oath of office when acting in their official

capacity as an ONEPC member.

4-5.

Conflict of Interest. Members of the ONEPC shall abide by all laws of the Nation governing

conflicts of interest.

(a)

Community representative members shall be required to sign a

confidentiality agreement before serving in their official capacity on the

ONEPC.

Article V. Stipends and Compensation

5-1. Stipends.

Dependent upon available budgeted funds, stipend eligibility shall be as set

forth in and subject to these bylaws; the Boards, Committees and

Commissions law; resolution BC-08-12-20-C titled, Amended Boards,

Committees and Commissions Law Stipends, as may be further amended

from time-to-time hereafter; and as follows:

(a)

Community Representatives. The community representative member(s) of

the ONEPC shall be eligible to receive:

(1)

No more than twelve (12) meeting stipends per fiscal year, provided

that:

(A)

A quorum was established;

(B)

The meeting of the established quorum lasted for a minimum

of one (1) hour; and

(C)

The community representative member collecting the

stipend was present for the entire meeting as defined and

demonstrated in accordance with the Boards, Committees

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(b)

5-2.

and Commissions law.

(2)

A stipend for attending a Judiciary hearing so long as the community

representative member’s attendance at the hearing was required by

official subpoena.

(3)

A stipend for attending a conference or training, provided that:

(A)

The amount of stipend the member is eligible to receive for

attending a conference or training shall be dependent on

whether the member attended up to four (4) hours of the

conference/training or more than four (4) hours of the

conference/training; and

(B)

The community representative member’s attendance at the

conference or training was required by law, bylaws or

resolution.

Area Representatives. ONEPC members appointed under section 1-5(a)(1)(68) of these bylaws shall not collect stipends despite their eligibility except

as follows:under

the Boards, Committees and Commissions law.

(1)

ONEPC members appointed under section 1-5(a)(1)-(6) of these

bylaws shall be eligible to receive stipends for attending a

conference or training, provided that:

(A)

The amount of stipend the member is eligible to receive for

attending a conference or training shall be dependent on

whether the member attended up to four (4) hours or more

than four (4) hours of the conference/training; and

(B)

The member’s attendance at the conference or training was

required by law, bylaws or resolution.

Compensation. Besides travel, per diem and business expense reimbursement as authorized

under the Boards, Committees and Commissions law, ONEPC members

shall not be eligible for any other type of compensation for duties/activities

they perform on behalf of the ONEPC.

(a)

Proof of attendance at the training or conference, along with all necessary

receipts and/or reports in support of a member’s allowable expenses, must

be provided to the Director of the Emergency Management Department

before members may qualify for compensation hereunder.

Article VI. Records and Reporting

6-1. Agenda Items. ONEPC agenda items shall follow the format identified in section 3-6 of

these bylaws as the Order of Business.

6-2.

Minutes.

(a)

Minutes shall be typed and in a format that is consistent with the format

informative record of the ONEPC meetings.

Actions taken by the ONEPC are valid once the corresponding minutes are

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approved by the ONEPC; provided, the minutes are recorded, transcribed,

approved and filed/maintained in accordance with these bylaws.

All minutes shall be submitted to the Business Committee Support Office

within thirty (30) days of their approval by the ONEPC.

6-3.

Attachments. Handouts, reports, memoranda and the like shall be attached to their

corresponding minutes and agenda and maintained in accordance with the

Nation’s Open Records and Open Meetings law.

6-4.

Oneida Business Committee Liaison. The ONEPC shall regularly communicate with the

member of the Oneida Business Committee who is its designated liaison.

(a)

The frequency and method of communication shall be as agreed upon by

the ONEPC and the liaison, but not less than that required in any law or

policy on reporting developed by the Oneida Business Committee or the

Oneida General Tribal Council.

(b)

The purpose of the liaison relationship is to uphold the ability of the liaison

to act as support to the ONEPC.

6-5.

Audio Recordings. All meetings of the ONEPC shall be audio recorded by the Secretary or

Secretary’s designee using a device provided or approved by the Business

Committee Support Office.

(a)

Audio recordings of ONEPC meetings shall be maintained in accordance

with the Nation’s Open Records and Open Meetings law.

(b)

Exception. Audio recordings of executive session portions of an ONEPC

meeting shall not be required.

Article VII. Amendments

7-1. Amendments to Bylaws. Amendments may be made to these bylaws at a regular ONEPC

meeting of an established quorum; provided, written notice of the proposed

amendments was made at a prior regular meeting and in accordance with

these bylaws, as well as any governing provisions of the Nation’s Open

Records and Open Meetings law.

(a)

A two-thirds vote of the members present at an ONEPC meeting of an

established quorum is required to amend these bylaws and amendments

are effective upon adoption by the ONEPC and approval by the Oneida

Business Committee, as well as the Oneida General Tribal Council if

required.

(b)

Any amendments to these bylaws shall conform to the requirements of the

Boards, Committees and Commissions law, as well as any other policy of

the Nation.

(c)

The ONEPC shall conduct a review of these bylaws no less than on an

annual basis.

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Article VIII. Dissolution

8-1. Dissolution of the ONEPC. The ONEPC shall be dissolved only by motion of the Oneida

General Tribal Council or the Oneida Business Committee.

(a)

In the event of dissolution of the ONEPC, the Chairperson and Secretary

shall be responsible for closing out all open business of the ONEPC and

forwarding all materials and records to the Business Committee Support

Office for proper storage and disposal.

(1)

Unless otherwise granted an extension per the Boards, Committees

and Commission law, all open business shall be closed out and all

materials and records forwarded to the Business Committee Support

Office within two (2) weeks of dissolution.

These bylaws, as amended and revised, are hereby attested to as adopted by the Oneida Nation

Emergency Planning Committee at a duly called meeting by the Chairperson’s signature on this

______ day of

_____, 202_.

Chairperson

Emergency Planning Committee

and approved by the Oneida Business Committee at a duly called meeting held on this

______, 202_ by the Secretary of the Oneida Business Committee’s signature.

day

Lisa Liggins, Secretary

Oneida Business Committee

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Oneida Nation Emergency Planning Committee Bylaws

Amendments

Legislative Analysis

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

Amendments

Purpose

Legislation

Enforcement/Due

Process

Public Meeting

Fiscal Impact

To comply with the September, 2018 amendments to the Boards, Committees

and Commissions law (“Law”), which provide that, within a reasonable time

after the Law’s adoption, all existing boards, committees and commissions of

the Nation must present bylaws for adoption that comply with the format and

contain the minimal amount of information prescribed in the Law, including:

• The process for filling vacancies on the Oneida Nation Emergency

Planning Committee (“ONEPC”);

• The qualifications necessary for membership on the ONEPC;

• The Officer positions on the ONEPC, as well as the process for selecting

those Officers and the duties assigned to each specific Officer position;

• The behavioral expectations of those serving on the ONEPC;

• The process for calling, noticing, conducting and recording meetings of

the ONEPC;

• The process for terminating the appointment of ONEPC members;

• The requisite training/conferences for members of the ONEPC;

• Stipend eligibility; and

• The process for further amendments to the ONEPC’s bylaws. [1 O.C.

105.10-1(a)].

o To comply with the directive from the Oneida Business Committee (“OBC”) to

include certain across-the-board amendments to all bylaws of the boards,

committees and commissions that have not been expressly granted an exception

therefrom.

The ONEPC was established pursuant to the Nation’s Emergency Management and

Homeland Security law, which was adopted by the OBC through resolution BC-0715-98-A, and subsequently amended by resolutions BC-12-20-06-G and BC-05-1309-F.

Oneida Nation Constitution, Emergency Management and Homeland Security law,

Boards, Committees and Commissions law, Social Media Policy, Travel and

Expense Policy, Conflict of Interest law, Open Records and Open Meetings law;

Vehicle Driver Certification and Fleet Management law; Computer Resources

Ordinance.

ONEPC members are appointed by and serve at the discretion of the OBC. Upon the

recommendation of an OBC member or the ONEPC, an ONEPC member may have

his or her appointment terminated by the OBC by a two-thirds majority vote. The

OBC’s decision to terminate a member’s appointment is final and not subject to

appeal. [1 O.C. 105.7-4].

Public meetings are not required for bylaws.

A fiscal impact statement is not required for bylaws.

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SECTION 2. BACKGROUND

A. Bylaws provide a framework for the operation and management of a board, committee or commission

of the Nation; the government of its members; and the regulation of its affairs. [1 O.C. 105.3-1(d)].

B. The ONEPC was established pursuant to the Nation’s Emergency Management and Homeland Security

law, through adoption of resolutions BC-07-15-98-A, BC-12-20-06-G and BC-05-13-09-F to serve as

the Nation’s emergency planning and oversight committee.

C. On September 26, 2018, the OBC adopted amendments to the Boards, Committees and Commissions

law through resolution BC-09-26-18-C. Per section 105.10-1(a), within a reasonable time after the

Law’s adoption, all existing boards, committees and commissions of the Nation were required to amend

their bylaws to comply with the format requirements and to add the minimal amount of information

prescribed within the Law.

D. Per the request of the Director of the Nation’s Emergency Management Department, this item was

initially added to the Active Files List on February 5, 2020, with Jennifer Webster as the sponsor, for

purposes of amending ONEPC’s bylaws to comply with the requirements of the Law. At the time the

request was made, the ONEPC was inactive and attempting to re-establish itself in accordance with

governing law. Shortly thereafter, the COVID-19 pandemic hit, which caused a delay in the processing

of this request.

E. This item was carried over from the previous 2020-2023 term, and, on October 7, 2020, it was added

back on to the Active Files List, with Jennifer Webster as the sponsor, to amend the ONEPC bylaws

per the requirements of the Law, which had since been further amended in August of 2020.

SECTION 3. COMPLIANCE WITH THE BOARDS, COMMITTEES AND COMMISSIONS LAW.

A. The proposed bylaws comply with the requirements of the Boards, Committees and Commissions law

[1 O.C. 105.10].

B. The proposed bylaws comply with resolution BC-08-12-20-C titled “Amended Boards, Committees

and Commissions Law Stipends” which details the types, specific dollar amounts and eligibility

requirements of stipends under the Boards, Committees and Commissions law [1 O.C. 105.13].

C. The proposed bylaws comply with resolution BC-03-27-19-D titled, “Oneida Business Committee and

Joint Meetings with Boards, Committees and Commissions – Definitions and Impact.”

SECTION 4. AMENDMENTS

This section details the changes to the bylaws from the previously adopted bylaws.

A. Article I. Authority.

▪ Section 1-5(a) – Number of Members. The Emergency Management and Homeland Security law,

which established the ONEPC, provides that the membership shall “consist of representatives from

entities and a community representative as identified in the ONEPC bylaws as approved by the

Oneida Business Committee.” [3 O.C. 302.5-1]. The Boards, Committees and Commissions law

prohibits the following individuals from serving on a board, committee or commissions of the

Nation due to the potential for a real or perceived conflict of interest:

(1)

Political appointees;

(2)

An employee of the Nation’s Internal Audit Department, Finance Administration, Law

Office, Business Committee Support Office, or Intergovernmental Affairs and

Communications; and

(3)

An employee who serves as a direct report to the Oneida Business Committee or General

Manager. [1 O.C. 105.15-3].

Under its current bylaws, the ONEPC is to be comprised of between nine (9) and ten (10) members,

plus eight (8) alternate members, with several of those members being from the Intergovernmental

Affairs Division and one member being employed as the Business Committee Support Office Area

Manager. [ONEPC Bylaws 1-5(a)]. Section 1-5(a) was changed to exclude representatives from

the Intergovernmental Affairs Division and Business Committee Support Office because these

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individuals are deemed ineligible to serve on a board, committee or commission by section 105.153 of the Boards, Committees and Commissions law due to the actual or perceived conflict of interest

that could arise from the dual representation. [Proposed Bylaws 1-5(a)].

o Impact: By eliminating these area representatives, the number of ONEPC members has

decreased from between nine (9) and ten (10) members (plus eight (8) alternate members) to

between seven (7) and eight (8) members (plus six (6) alternate members) to be made up of

representatives from the following areas:

(1) One (1) member and one (1) alternate member shall be employed within the Oneida

Police Department;

(2) One (1) member and one (1) alternate member shall be employed within the Nation’s

Division of Public Works;

(3) One (1) member and one (1) alternate member shall be employed within the Nation’s

Comprehensive Health Division;

(4) One (1) member and one (1) alternate member shall be employed within the Nation’s

Community Economic and Development Division;

(5) One (1) member and one (1) alternate member shall be employed within the Nation’s

Environmental, Health, Safety, Land and Agriculture Division;

(6) One (1) member and one (1) alternate member shall be employed within the Nation’s

Gaming Division; and

(7) At least one (1) but no more than two (2) members shall be representatives from the

Oneida Community. [Proposed Bylaws 1-5(a)].

Section 1-5(b) & (c) – Appointment and Vacancies. Members are appointed to the ONEPC and

vacancies on the ONEPC are filled through the appointment process. [ONEPC Bylaws 1-5(b)-(c)].

Subsections (b) and (c) of section 1-5 were changed to make the process used for such appointments

consistent with the process mandated by the Boards, Committees and Commissions law. [Proposed

Bylaws 1-5(b) and 1 O.C. 105.7-1].

o Impact: The pool of candidates for appointment to the ONEPC will no longer be limited to

those individuals who are recommended by either the ONEPC or the head of the employment

area being represented. [ONEPC Bylaws 5-1(b)-(c)]. Rather, the pool of candidates will be

made up of individuals who applied for appointment in response to the notice of vacancy posted

by the Business Committee Support Office in accordance with the Boards, Committees and

Commissions law. [1 O.C. 105.6-4]. Upon expiration of the application deadline, the Business

Committee Support Office will compile the applications and forward them, along with a

summary of each applicant’s qualifications to hold office, to the Oneida Business Committee,

as well as the Chairperson of the ONEPC. [1 O.C. 105.7-1].

• The ONEPC will still be able to participate in the application process; however, it will be

limited to the following in order to stay within the confines of the Boards, Committees and

Commissions law: “The ONEPC Chairperson shall review all application materials and

submit a recommendation for appointment to the Oneida Business Committee in

accordance with the Boards, Committees and Commissions law.” [Proposed Bylaws 1-5(c)

(2)]. The recommendation from the ONEPC Chairperson must be determined by a majority

vote of the members present at the ONEPC meeting of an established quorum wherein the

issue was decided. [Proposed Bylaws 1-5(c)(2)(A)].

Section 1-5(d) – Qualifications of Members. Two more requirements were added under this subsection to qualify for membership on the ONEPC.

o The first additional requirement is that the candidate be “eligible to serve under the conflicts of

interest provision set forth in the Boards, Committees and Commissions law.” [Proposed

Bylaws 1-5(d)(1)(D)].

• As indicated above, section 105.15-3 of the Boards, Committees and Commissions law

prohibits individuals employed within certain areas of the Nation from serving on a board,

committee or commission due to the potential for a real or perceived conflict of interest. [1

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O.C. 105.15-3]. By adding this to the qualification section of the ONEPC bylaws, it helps

to ensure that persons from these prohibited areas are not considered for appointment to the

ONEPC.

o The second additional requirement is that candidates for appointment to be a representative

member of one of the employment areas, such as the Oneida Police Department, submit a letter

of recommendation from the head of that employment area. [Proposed Bylaws 1-5(d)(2)(B)].

• Impact: This gives the ONEPC some control over the pool of candidates considered for

appointment to the ONEPC as member representatives of one of the employment areas at

issue, but does so within the confines of the Boards, Committees and Commissions law.

Rather than allowing the ONEPC and area directors to create the pool of candidates through

recommendation, which would conflict with the Boards, Committees and Commissions

law, this would filter out applicants who respond to the posting of an ONEPC vacancy from

being considered for appointment unless, along with the other qualifications, they submit a

letter of recommendation from the head of the employment area they were applying to

represent.

Section 1-6 – Termination. This section of the bylaws lists certain conduct that would give the

ONEPC cause to make a recommendation to the Oneida Business Committee for the termination

of an ONEPC member’s appointment. [ONEPC Bylaws 1-6]. Although it is the Oneida Business

Committee that ultimately decides whether to terminate a member’s appointment, the Boards,

Committees and Commissions law requires that entities identify in their bylaws which conduct they

would consider grounds for such termination. [1 O.C. 105.7-4 & 105.10-3(a)(6)]. This section has

been changed as follows:

o A provision was added to require that decisions on whether to recommend a member’s

termination for conduct listed in this section be made by a majority vote of the members present

at an ONEPC of an established quorum. [Proposed Bylaws 1-6].

o The accumulation of three (3) or more unexcused absences from a scheduled ONEPC meeting

within a one (1) year period is listed as conduct that would give the ONEPC cause to

recommend a member’s termination of appointment to the Oneida Business Committee. The

following provision was added to this section to clarify what constitutes an unexcused absence:

• “An ONEPC member shall be deemed unexcused if he or she fails to provide written notice

of the absence to an ONEPC Officer at least thirty (30) minutes before the missed meeting.”

[Proposed Bylaws 1-6(a)(1)(A)].

Section 1-7 – Trainings and Conferences. This section of the bylaws lists the trainings and/or

conferences that are mandatory for ONEPC members to attend. [ONEPC Bylaws 1-7]. Under the

Boards, Committees and Commissions law, members of an entity are not eligible to receive

stipends for attending a conference or training unless attendance was mandated by law, bylaws or

resolution. [1 O.C. 105.13-8]. By identifying the trainings/conferences listed herein as mandatory,

this prerequisite to stipend eligibility is satisfied. Per directive of the Oneida Business Committee,

this section was changed to include the following limitation:

o “Regardless of the number of trainings/conferences that he or she is required to attend, no

ONEPC member shall be eligible to receive stipends for attending more than five (5) full days

of mandatory trainings/conferences per year.” [Proposed Bylaws 1-7(c)].

• Impact: By adding a limitation as to the number of mandatory trainings/conferences a

member may receive a stipend for in a one-year period, the ONEPC is not being limited in

the amount of training/conferences it can require its members to attend. Rather, it is limiting

the number of trainings/conferences that would be considered stipend eligible. This

provides an avenue for protecting the Nation from the fiscal burden that could ensue if

stipend eligibility restrictions were not put in place, while preserving the ONEPC’s

autonomy in deciding how many trainings/conferences it feels are necessary for members

to attend.

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B. Article II. Officers.

▪ Section 2-2 – Responsibilities of the Chairperson. The following items were added to the Chairperson’s assigned responsibilities under this section of the ONEPC bylaws:

(1)

With assistance from the ONEPC Secretary, to notify all ONEPC members of meetings in

accordance with the Boards, Committees and Commissions law, as well as the Nation’s

Open Records and Open Meetings law [Proposed Bylaws 2-2(a)];

(2)

To submit, or have submitted through a designee, annual and semi-annual reports to the

Oneida General Tribal Council, as well as quarterly reports to the Oneida Business

Committee, consistent with the Boards, Committees and Commissions law [Proposed

Bylaws 2-2(c)]; and

(3)

To attend, or designate an ONEPC member to attend, the Oneida Business Committee

meeting in which the ONEPC’s quarterly report appears on the agenda [Proposed Bylaws

2-2(d)].

o Impact:

• The Boards, Committees and Commissions law requires that entities identify within their

bylaws how they plan on providing notice of meeting agendas, documents and minutes. [1

O.C. 105.10-3(c)]. The Open Records and Open Meetings law provides the minimum

requirements that governmental bodies, including boards, committees and commissions,

must meet when notifying the public of their meetings. [1 O.C. 107.13-1(a)]. By assigning

the responsibility of noticing meetings to the ONEPC Chairperson and requiring that said

notice be provided in accordance with governing law, it creates an extra layer of oversight.

• The Boards, Committees and Commissions law further requires that entities provide certain

reports to the Oneida General Tribal Council, as well as the Oneida Business Committee,

in the manner prescribed therein and that at least one (1) member of the entity attend the

Oneida Business Committee meeting where their quarterly report appears on the agenda.

[1 O.C. 105.12-3]. By assigning the ONEPC Chairperson with the responsibility to ensure,

whether by carrying out the duty herself or delegating it to another, that reports are being

submitted and meetings attended in compliance with the Law, it creates an extra layer of

oversight.

▪ Section 2-4 – Responsibilities of the Secretary. The following item was added to the Secretary’s

assigned responsibilities under this section of the ONEPC bylaws:

o If both the Chairperson and Vice-Chairperson seats become vacant before the end of their

terms, a provision was added that allows the Secretary to call ONEPC meetings to fill the

vacancies and to preside over those meetings for the sole purpose of conducting an election of

new Officers, at which point the Chairperson, or Vice-Chairperson in the absence of the Chairperson, would preside. [Proposed Bylaws 2-4(b)].

▪ Section 2-6 – Selection of Officers. The following items were added to this section of the ONEPC

bylaws.

o A provision was added that allows for ONEPC members to be dismissed from their Officer

positions by a majority vote of the members present at an ONEPC meeting of an established

quorum. [Proposed Bylaws 2-6(a)].

• Impact: Under the Boards, Committees and Commissions law, the Oneida Business

Committee has the sole discretion to decide whether to terminate the appointment of a board,

committee or commission member. [1 O.C. 105.7-4]. This provision applies only to Officer

positions on the ONEPC, meaning that an ONEPC member can be stripped of his or her

Officer position by a majority vote of the ONEPC, but would remain an ONEPC member

unless terminated by the Oneida Business Committee under a separate process.

o A second provision was added to clarify that Officers of the ONEPC shall not be allowed to

hold more than one (1) Officer position per Officer term. [Proposed Bylaws 2-6(c)].

▪ Section 2-7 – Purchases and Travel. This section of the ONEPC bylaws must identify how the

ONEPC intends to approve purchases and/or travel on behalf of the ONEPC. [1 O.C. 105.10-3(b)

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(6)]. It was updated to comply with the requirements of the Boards, Committees and Commissions

law as follows:

o The ONEPC must follow the Nation’s policies and procedures regarding purchasing and signoff authority [Proposed Bylaws 2-7];

o The levels of budgetary sign-off authority for the ONEPC must be consistent with the manual

titled, Oneida Tribe of Indians of Wisconsin Purchasing Policies and Procedures, for Area

Directors/Enterprise Directors [Proposed Bylaws 2-7(a)];

o All ONEPC Officers will have sign-off authority and two (2) Officers will be required to signoff on all budgetary requests [Proposed Bylaws 2-7(a)(1)]; and

• Upon formal approval of a purchase by the ONEPC, the Business Committee Support

Office will have official budgetary sign-off authority for the ONEPC. [Proposed Bylaws

2-7(a)(1)(A)].

o The ONEPC must approve a member’s request to travel on behalf of the ONEPC by majority

vote of the members present at a regular or emergency ONEPC meeting of an established

quorum [Proposed Bylaws 2-7(b)].

C. Article III. Meetings.

▪ Section 3-1 – Regular Meetings. This section of the ONEPC bylaws must identify, at a minimum,

when and where regular meetings of the ONEPC will be held and how the ONEPC intends to

provide notice of the meeting agenda, documents and minutes. [1 O.C. 105.10-3(c)].

o Under the current bylaws, the ONEPC is required to hold a meeting every month during regular

business hours. [ONEPC Bylaws 3-1(a)]. Because this section only vaguely addresses when

and where regular meetings of the ONEPC must be held, the following provisions were added

to better comply with the Boards, Committees and Commissions law:

• That, the date, time and location of the meeting shall be set at the first ONEPC meeting of

an established quorum by majority vote of the members present [Proposed Bylaws 3-1(a)];

and

• That, the ONEPC meeting date, time and/or location may change from time-to-time as

determined by a majority vote of the members present at an ONEPC meeting of an

established quorum so long as notice is provided in accordance with the Nation’s Open

Records and Open Meetings law prior to implementation of a new date, time and/or

location [Proposed Bylaws 3-1(a)(1)];

➢ Impact: The above-referenced revisions not only ensure compliance with the minimal

requirements for this section under the Boards, Committees and Commissions law, but

offer the ONEPC flexibility by authorizing the established date, time and/or location

of its regular meetings to change as deemed necessary by a majority vote of the

ONEPC; provided, the ONEPC affords public notice of such change or changes in

advance of implementation.

• That, in addition to requirements already set forth in its current bylaws, notice of ONEPC

meetings is further provided in accordance with the Nation’s Open Records and Open

Meetings law [Proposed Bylaws 3-1(b)]; and

• That, ONEPC meetings may be attended in person, by telephone, through videoconferencing or through other telecommunications; provided, the presence of any member

attending a meeting virtually is demonstrated in accordance with the Boards, Committees

and Commissions law [Proposed Bylaws 3-1(c)].

➢ Impact: With the onset of the COVID-19 pandemic, the Nation was forced to adjust

many of its customary practices, including the manner in which it holds meetings by

hosting them virtually or with very limited access to the public. This provision allows

similar flexibility to the ONEPC to allow for the same so long as the following occurs

in compliance with the Boards, Committees and Commissions law:

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(1)

▪

The ONEPC demonstrates the presence of its members during a meeting by

taking roll call on the record at both the beginning and end of the meeting; and

(2)

If an ONEPC member experiences a technological issue during the meeting

and it disrupts the member’s presence, he or she notifies the ONEPC of the

technological issue as soon as possible. [1 O.C. 105.13-3(c)-(d)].

Section 3-3 – Emergency Meetings. Under the Boards, Committees and Commissions law, this

section of the ONEPC bylaws must, at a minimum, identify what constitutes an emergency; how

emergency meetings are to be called; and how notice of an emergency meeting must be provided.

[1 O.C. 105.10-3]. In order to meet the minimum requirements for compliance with the Law, the

following was added to this section:

o That, an emergency meeting of the ONEPC may be called when an issue arises requiring

immediate action by the ONEPC that cannot wait until its next regularly scheduled meeting

[Proposed Bylaws 3-3]; and

o That, the ONEPC Secretary must provide notice of an emergency meeting to all ONEPC

members in writing, as well as by telephone call, at least twenty-four (24) hours before the

scheduled meeting and must further provide notice in accordance with the Nation’s Open

Records and Open Meetings law [Proposed Bylaws 3-3(b)].

This section was further revised to add a point of clarification that email communications must be

sent to the official Oneida Nation email address provided to all members to conduct business

electronically on behalf of the ONEPC [Proposed Bylaws 3-3(b)(1)]; and that, similar to regular

meetings of the ONEPC, emergency meetings may be attended in person, by telephone, through

videoconferencing or through other telecommunications so long as a member’s virtual presence is

demonstrated in accordance with the Boards, Committees and Commissions law [Proposed Bylaws

3-3(c)]. [1 O.C. 105.13-3(c)-(d)].

Section 3-7 – Voting. Under its current bylaws, this section contains a provision allowing “a proxy

representative . . . to vote in place of his or her respective Division/Department Representative or

in place of the OBC Support Office Area Manager”. [ONEPC Bylaws 3-5(a)]. There is nothing in

the Boards, Committees and Commissions law or other governing laws of the Nation that expressly

authorizes the use of proxy voting, nor does the Nation have a past practice of using proxy voting.

Thus, the provision was removed from this section of the ONEPC bylaws. [Proposed Bylaws 3-7].

D. Article IV. Expectations.

▪ Section 4-1 – Behavior of Members. Under the Boards, Committees and Commissions law, this

section of the ONEPC bylaws must, at a minimum, identify the behavioral expectations and

requirements of an ONEPC member and how the ONEPC will enforce such expectations/

requirements. [1 O.C. 105.10-3(d)]. Under its current bylaws, the ONEPC has a list of behavioral

expectations that its members must follow, as well as mechanisms to enforce such behavior;

however, they are located throughout various sections of Article I of the bylaws. To comply with

the Boards, Committees and Commissions law’s formatting requirements, the list and enforcement

mechanisms were compiled and placed under this section of the ONEPC bylaws. [Proposed Bylaws

4-1].

▪ Section 4-2 – Prohibition of Violence. This section prohibits members of the ONEPC from

committing any intentionally violent act that inflicts, attempts to inflict, or threatens to inflict

emotional or bodily harm on another person or damage to personal property. [Proposed Bylaws 42]. It was added to comply with the minimum requirements of the Boards, Committees and

Commissions law. [1 O.C. 105.10-3(d)(2)].

E. Article V. Stipends and Compensation.

▪ Section 5-1. Stipends. This section was updated to comply with the Boards, Committees and

Commissions law and to provide clarity with respect to its application to certain members of the

ONEPC.

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Community Representative Members. Community representative members of the ONEPC are

eligible to receive:

• Up to twelve (12) meeting stipends per fiscal year; provided:

➢ A meeting quorum is established [Proposed Bylaws 5-1(a)(1)(A)];

➢ The meeting of the established quorum lasts for a minimum of one (1) hour [Proposed

Bylaws 5-1(a)(1)(B)]; and

➢ The community representative member collecting the stipend is present for the entire

meeting as defined and demonstrated within the Boards, Committees and Commissions

law [Proposed Bylaws 5-1(a)(1)(C)].

• A stipend for attending a Judiciary hearing where that member’s attendance was required

by official subpoena [Proposed Bylaws 5-1(a)(2)];

• A stipend for attending a conference or training; provided:

➢ The stipend amount shall be dependent on whether the member attended up to four (4)

hours of the conference/training or more than four (4) hours of the conference/training

[Proposed Bylaws 5-1(a)(3)(A)]; and

➢ The member’s attendance at the conference or training was required by law, bylaws or

resolution [Proposed Bylaws 5-1(a)(3)(B)].

Area Representative Members. Area representative members of the ONEPC are eligible to

receive:

• A stipend for attending a conference or training; provided:

➢ The stipend amount shall be dependent on whether the member attended up to four (4)

hours of the conference/training or more than four (4) hours of the conference/training

[Proposed Bylaws 5-1(b)(1)(A)]; and

➢ The member’s attendance at the conference or training was required by law, bylaws or

resolution [Proposed Bylaws 5-1(b)(1)(B)].

F. Article VI. Records and Reporting.

▪ Section 6-2 – Minutes. Under the Boards, Committees and Commissions law, this section must, at

a minimum, identify the format for meeting minutes and a reasonable timeframe in which minutes

are to be submitted to the Business Committee Support Office. [1 O.C. 105.10-3(f)(2)]. In order to

get this section of the ONEPC bylaws in compliance with the Law, the following provisions were

added:

o That, the format used for meeting minutes of the ONEPC shall be consistent with the format

of the ONEPC meetings [Proposed Bylaws 6-2]; and

o That, ONEPC meeting minutes must be submitted to the Business Committee Support Office

within thirty (30) days of their approval by the ONEPC [Proposed Bylaws 6-2(b)].

▪ Section 6-4 – Oneida Business Committee Liaison. This section of the ONEPC bylaws was

changed to remove any indication that it governs the conduct of the Oneida Business Committee

member or members appointed to be the ONEPC’s liaison. The ONEPC, whether through its

bylaws or otherwise, is unable to control or direct the liaison appointment process or how the liaison

performs throughout his or her term. The updates to this section are intended to provide clarity in

this regard.

G. Article VII. Amendments.

▪ Section 7-1 – Amendments to Bylaws. In order to comply with the Boards, Committees and

Commissions law and Oneida Business Committee directive, respectively, the following provisions

were added to this section of the ONEPC bylaws:

o That, any amendments to the ONEPC bylaws must conform to the requirements of the Boards,

Committees and Commissions law, as well as any other policy of the Nation [Proposed Bylaws

7-1(b)]; and

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That, the ONEPC shall conduct a review of its bylaws no less than on an annual basis

[Proposed Bylaws 7-1(c)].

SECTION 5. LEGISLATION RELATED TO BOARDS, COMMITTEES AND COMMISSIONS

There are no conflicts between the proposed bylaws amendments and the Oneida Code of Laws. Below is

a summary of laws referenced in and related to the proposed amendments to the Oneida Nation Emergency

Planning Committee’s Bylaws.

A. Oneida Nation Constitution. The Constitution of the Oneida Nation contains a provision that allows

for the creation of committees for the proper conduct of tribal business of the Nation. [Oneida Nation

Constitution, Article IV, Section 1(g)]. There are no conflicts between the proposed bylaws amendments

and the Oneida Nation Constitution.

B. Emergency Management and Homeland Security [3 O.C. Chapter 302]. This law provides for the

development and execution of plans for the protection of residents, property and the environment in an

emergency or disaster. [3 O.C. 302.1-1]. The law establishes the ONEPC and requires as follows with

respect to this entity:

(1)

That, the ONEPC consist of representatives from entities and a community representative

as identified in the ONEPC bylaws as approved by the Oneida Business Committee;

(2)

That, the ONEPC meet as necessary to assist the Nation’s Emergency Management/

Homeland Security Agency Director (“Director”) with the drafting and maintaining of the

Nation’s Emergency Operations Plan; and

(3)

That, at his or her request, the ONEPC assist the Director in the implementation of the

provisions of the Emergency Management and Homeland Security law, as well as any plan

issued in accordance therewith. [3 O.C. 302.5-1 through 302.5-3].

The proposed bylaws indicate that the ONEPC was established in compliance with, what is now known

as, the Emergency Management and Homeland Security law. [Proposed Bylaws 1-2]. The ONEPC is

to be composed of members from various entities within the Nation, as well as at least one (1), but not

more than two (2), members from the community. [Proposed Bylaws 1-5]. Among other duties,

members of the ONEPC are responsible for assisting the Director with the drafting/maintaining of the

Nation’s Emergency Operations Plan and, if requested, the implementation of the Emergency

Management and Homeland Security law and/or plan issued thereunder. [Proposed Bylaws 1-3]. The

proposed bylaws comply and are not in conflict with the Nation’s Emergency Management and

Homeland Security law.

C. Boards, Committees and Commissions [1 O.C. Chapter 105]. This Law governs the establishment,

composition and operation of the Nation’s elected and appointed boards, committees and commissions.

It establishes the procedures for appointing/electing people to a board, committee or commission;

the mandate for creating bylaws and the minimal information to be included therein; the recording and

record keeping requirements relating to board, committee and commission meetings, including the

manner in which information is reported to the Oneida Business Committee and the Oneida General

Tribal Council; the eligibility requirements for stipends, compensation and reimbursement; and other

processes relating to the operation of the Nation’s boards, committees and commissions.

With respect to the creation of bylaws, the Law sets the format requirements and the minimal amount

of information that needs to be contained within an entity’s bylaws. It further provides that all of the

Nation’s boards, committees and commissions, governed by the Law, are required to present bylaws to

the Oneida Business Committee for adoption that comply with the Law and that said bylaws be

presented within a reasonable amount of time following the Law’s adoption. The bylaws contain the

requisite formatting, as well as information, and do not conflict with any other provision of the Law.

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D. Social Media Policy [2 O.C. Chapter 218]. This law regulates social media accounts, including how

content is managed and who has the authority to post on social media on behalf of the Nation. ONEPC

members are required to follow the Nation’s Social Media Policy, as well as their Oath of Office, when

acting in their official capacity as an ONEPC member. [Proposed Bylaws 4-4]. There are no conflicts

between the proposed bylaws and the Social Media Policy.

E. Travel and Expense Policy [1 O.C. Chapter 219]. This law establishes policies that govern the

reimbursement of travel and related expenses incurred during the conduct of company business. [2 O.C.

219.1]. Per section 219.4-2 of the law, “any travel for boards, committees and commissions must be

authorized by sign off authority as indicated within the entity’s approved bylaws.” Consistent with the

Travel and Expense Policy, the Boards, Committees and Commission

This text is long and has been trimmed here. Open the source document for the complete record.

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