# Oneida Business Committee (2021) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aba6902d464dce5d5 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 145 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. I. CALL TO ORDER II. OPENING A. Special recognition for years of service Sponsor: Geraldine Danforth, Area Manager/Human Resources III. ADOPT THE AGENDA IV. OATH OF OFFICE A. V. Pardon and Forgiveness Screening Committee - Eric Boulanger, Ron King Jr., Elijah Metoxen, and Mark W. Powless Sponsor: Lisa Liggins, Secretary MINUTES A. Approve the January 13, 2021, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 1 of 4 January 27, 2021 Public Packet VI. 2 of 145 RESOLUTIONS A. VII. STANDING COMMITTEES A. B. C. VIII. FINANCE COMMITTEE 1. Accept the January 4, 2021, regular Finance Committee meeting minutes Sponsor: Tina Danforth, Treasurer 2. Accept the January 18, 2021, regular Finance Committee meeting minutes Sponsor: Tina Danforth, Treasurer LEGISLATIVE OPERATING COMMITTEE 1. Approve the Oneida Nation Emergency Planning Committee bylaw amendments Sponsor: David P. Jordan, Councilman 2. Adopt emergency amendments to Landlord-Tenant Law rule #2 – Income Based Rental Program Eligibility, Selection and Other Requirements Sponsor: David P. Jordan, Councilman 3. Accept the December 16, 2020, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman QUALITY OF LIFE COMMITTEE 1. Approve the revised Quality of Life Committee charter Sponsor: Marie Summers, Councilwoman 2. Accept the December 10, 2020, regular Quality of Life Committee meeting minutes Sponsor: Marie Summers, Councilwoman UNFINISHED BUSINESS A. 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 A. 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 Oneida Business Committee Regular Meeting Agenda Page 2 of 4 January 27, 2021 Public Packet X. 3 of 145 GENERAL TRIBAL COUNCIL A. 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 A. B. REPORTS 1. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 2. Accept the General Manager report Sponsor: Debbie Thundercloud, General Manager 3. Accept the Intergovernmental Affairs, Communications, and Self-Governance January 2021 report Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 4. Accept the December 2020 Treasurer's report Sponsor: Tina Danforth, Treasurer NEW BUSINESS 1. Approve a limited waiver of sovereign immunity – Idemia Identity & Security USA LLC-MorpholDent – file # 2021-0015 Sponsor: Sandra Reveles, Chairwoman/Oneida Police Commission 2. Approve attorney contract – Oneida Law Office – file # 2021-0029 Sponsor: Jo Anne House, Chief Counsel 3. Review the posting request and determine next steps - Comprehensive Housing Sponsor: Debbie Thundercloud, General Manager 4. Approve the LPL Financial LLC-Retirement Plan Consulting Program Oneida Nation Enterprise 401(k) Plan agreement – file # 2021-0002 Sponsor: Tina Danforth, Treasurer 5. Approve the LPL Financial LLC-Retirement Plan Consulting Program Oneida Nation Governmental 401 (k) Plan agreement – file # 2021-001 Sponsor: Tina Danforth, Treasurer 6. Enter e-poll results into the record regarding the failed resolution entitled Oneida Nation Emergency Response Plan Sponsor: Lisa Liggins, Secretary 7. Reconsider the resolution entitled Oneida Nation Emergency Response Plan Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 3 of 4 January 27, 2021 Public Packet 4 of 145 8. 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 Page 4 of 4 January 27, 2021 Public Packet 5 of 145 Special recognition for years of service / / Public Packet 6 of 145 Public Packet 7 of 145 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 Nov 4, 1985 Dec 23, 1985 Oct 22, 1990 Nov 9, 1990 Oct 2, 1995 Oct 2, 1995 Oct 16, 1995 Oct 16, 1995 Oct 23, 1995 Oct 31, 1995 Nov 5, 1995 Nov 6, 1995 Nov 13, 1995 Nov 13, 1995 Nov 13, 1995 Nov 29, 1995 Nov 29, 1995 Dec 4, 1995 Dec 4, 1995 Dec 4, 1995 Dec 11, 1995 Dec 18, 1995 Dec 26, 1995 Dec 31, 1995 Years 40 35 35 35 30 30 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 BC Meeting Date - January 27th Public Packet 8 of 145 Oneida Business Committee Agenda Request Pardon and Forgiveness Screening Committee - Eric Boulanger, Ron King Jr., Elijah Metoxen, and Mark.. 1. Meeting Date Requested: 1 / 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: 1. 3. 2. 4. 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. Page 1 of 2 Unbudgeted Public Packet 9 of 145 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 Page 2 of 2 Public Packet 10 of 145 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 Public Packet 11 of 145 DRAFT 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); I. 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 1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file sharing, and video meetings Oneida Business Committee Regular Meeting Minutes Page 1 of 9 January 13, 2021 Public Packet 12 of 145 DRAFT IV. MINUTES A. 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 B. 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. V. RESOLUTIONS A. 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 A. 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. Oneida Business Committee Regular Meeting Minutes Page 2 of 9 January 13, 2021 Public Packet 13 of 145 DRAFT 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. B. 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. C. 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 Oneida Business Committee Regular Meeting Minutes Page 3 of 9 January 13, 2021 Public Packet 14 of 145 DRAFT VII. NEW BUSINESS A. 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 B. 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 C. 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 Oneida Business Committee Regular Meeting Minutes Page 4 of 9 January 13, 2021 Public Packet 15 of 145 DRAFT VIII. GENERAL TRIBAL COUNCIL A. 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 Oneida Business Committee Regular Meeting Minutes Page 5 of 9 January 13, 2021 Public Packet 16 of 145 DRAFT A. REPORTS 1. 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 2. 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 3. 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 Oneida Business Committee Regular Meeting Minutes Page 6 of 9 January 13, 2021 Public Packet 17 of 145 DRAFT B. NEW BUSINESS 1. 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 2. 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 3. 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 4. 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 Oneida Business Committee Regular Meeting Minutes Page 7 of 9 January 13, 2021 Public Packet 18 of 145 DRAFT 5. 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 6. 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 7. 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 8. 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 9. 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 Public Packet 19 of 145 DRAFT X. 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 Public Packet 20 of 145 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: 21 of 145 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 Sent: Wednesday, January 6, 2021 2:19 PM To: 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 Cc: Danelle A. Wilson ; Rhiannon R. Metoxen ; Kristal E. Hill ; Chad A. Wilson ; TribalSecretary 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 22 of 145 Public Packet 23 of 145 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 3. 2. Professional Recommendation 4. 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 Public Packet Deadlines 24 of 145 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 Public Packet 25 of 145 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 Page 1 of 2 Public Packet 26 of 145 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 Public Packet 27 of 145 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 Public Packet 28 of 145 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 Public Packet 29 of 145 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 Public Packet 30 of 145 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 Public Packet 31 of 145 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 Public Packet 32 of 145 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 Public Packet 33 of 145 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 Public Packet 34 of 145 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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 Public Packet 35 of 145 BC Resolution _______ Extension of Declaration of Public Health State of Emergency Until February 11, 2021 Page 2 of 2 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 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. Public Packet Accept the January 4, 2021, regular Finance Committee meeting minutes 36 of 145 Public Packet 37 of 145 Public Packet 38 of 145 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 Public Packet 39 of 145 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 I. 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. V. TABLED BUSINESS: None VI. CAPITAL EXPENDITURES: None Page 1 of 5 Finance Committee Meeting Minutes of January 4, 2021 Public Packet VII. 40 of 145 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. Page 2 of 5 Finance Committee Meeting Minutes of January 4, 2021 Public Packet 41 of 145 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. Page 4 of 5 Finance Committee Meeting Minutes of January 4, 2021 42 of 145 Public Packet IX. 43 of 145 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. 1. 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. X. ADMINISTRATIVE /INTERNAL: None XI. FOLLOW UP: None XII. FOR INFORMATION ONLY: 1. 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 44 of 145 Public Packet 45 of 145 Public Packet 46 of 145 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 Public Packet 47 of 145 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 I. 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. V. TABLED BUSINESS: None VI. CAPITAL EXPENDITURES: None VII. NEW BUSINESS: 1. 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. Page 1 of 2 Finance Committee Meeting Minutes of January 18, 2021 Public Packet VIII. 48 of 145 DONATIONS: REPORT(S): 1. 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: 1. 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. 2. 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. 3. 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 X. 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 Public Packet 49 of 145 Oneida Business Committee Agenda Request Approve the Oneida Nation Emergency Planning Committee bylaw amendments 1. Meeting Date Requested: 1 / 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 3. 2. 4. 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 Public Packet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 50 of 145 Draft 1 for OBC Consideration 2021 01 27 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 1 Public Packet 51 of 145 Draft 1 for OBC Consideration 2021 01 27 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 (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 2 Public Packet 52 of 145 Draft 1 for OBC Consideration 2021 01 27 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 (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 3 Public Packet 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 53 of 145 (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. Draft 1 for OBC Consideration 2021 01 27 (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. 4 Public Packet 54 of 145 Draft 1 for OBC Consideration 2021 01 27 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 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. 5 Public Packet 55 of 145 Draft 1 for OBC Consideration 2021 01 27 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 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 6 Public Packet 56 of 145 Draft 1 for OBC Consideration 2021 01 27 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 (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 7 Public Packet 57 of 145 Draft 1 for OBC Consideration 2021 01 27 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 (h) (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 8 Public Packet 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 58 of 145 Draft 1 for OBC Consideration 2021 01 27 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: 9 Public Packet 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 59 of 145 (b) 5-2. Draft 1 for OBC Consideration 2021 01 27 (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 designed by the Business Committee Support Office to generate the most 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 10 Public Packet 60 of 145 Draft 1 for OBC Consideration 2021 01 27 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 (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. 11 Public Packet 61 of 145 Draft 1 for OBC Consideration 2021 01 27 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 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 of ______, 202_ by the Secretary of the Oneida Business Committee’s signature. day Lisa Liggins, Secretary Oneida Business Committee 12 Public Packet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 62 of 145 Draft 1 for OBC Consideration 20202021 01 2027 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 1 Public Packet 63 of 145 Draft 1 for OBC Consideration 20202021 01 2027 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 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 by 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 2 Public Packet 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 64 of 145 Draft 1 for OBC Consideration 20202021 01 2027 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 3 Public Packet 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 65 of 145 Draft 1 for OBC Consideration 20202021 01 2027 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 4 Public Packet 66 of 145 Draft 1 for OBC Consideration 20202021 01 2027 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 (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. 5 Public Packet 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 67 of 145 (b) (c) Draft 1 for OBC Consideration 20202021 01 2027 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 6 Public Packet 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 68 of 145 Draft 1 for OBC Consideration 20202021 01 2027 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 7 Public Packet 69 of 145 Draft 1 for OBC Consideration 20202021 01 2027 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 (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. 8 Public Packet 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 70 of 145 (2) Draft 1 for OBC Consideration 20202021 01 2027 (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 9 Public Packet 71 of 145 Draft 1 for OBC Consideration 20202021 01 2027 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 (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 designed by the Business Committee Support Office to generate the most informative record of the ONEPC meetings. Actions taken by the ONEPC are valid once the corresponding minutes are 10 Public Packet 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 72 of 145 (b) Draft 1 for OBC Consideration 20202021 01 2027 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aba6902d464dce5d5. Public record. Not legal advice.