# Oneida Business Committee (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Abb4f34b8091d6706 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 181 Oneida Business Committee Regular Meeting 8:30 AM Wednesday, October 12, 2022 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 Government Administrative 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. I. CALL TO ORDER II. OPENING A. Special recognition for years of service Sponsor: Todd VanDen Heuvel, Executive HR Director III. ADOPT THE AGENDA IV. OATH OF OFFICE A. V. MINUTES A. VI. Oneida Nation Veteran Affairs Committee - Deke Suri Sponsor: Lisa Liggins, Secretary Approve the September 28, 2022, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary STANDING COMMITTEES A. LEGISLATIVE OPERATING COMMITTEE 1. Accept the September 21, 2022, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 1 of 4 October 12, 2022 Public Packet VII. 2 of 181 STANDING ITEMS A. VIII. IX. ARPA FRF and Tribal Contribution Savings Submissions 1. Consider the request for an ARPA FRF and Tribal Contribution Savings funded community park improvement project Sponsor: Dylan Benton, Tribal Member 2. Adopt resolution entitled Obligation for Beef Discount Project Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 3. Adopt resolution entitled Obligation for Oneida Nation Farm Combine Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 4. Adopt resolution entitled Obligation for Oneida Nation Farm Office Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager TRAVEL REPORTS A. Approve the travel report - Secretary Lisa Liggins - National Congress of American Indians (NCAI) Mid Year Conference & Marketplace - Anchorage, AL - June 12-16, 2022 Sponsor: Lisa Liggins, Secretary B. Approve the travel report - Secretary Lisa Liggins - Assembly Democratic Campaign Committee Fundraiser - Wisconsin Dells, WI - July 26-27, 2022 Sponsor: Lisa Liggins, Secretary C. Approve the travel report - Secretary Lisa Liggins - Tribal Constitutions Native Nations Institute Seminar - Phoenix, AZ - September 18-20, 2022 Sponsor: Lisa Liggins, Secretary TRAVEL REQUESTS A. Approve the travel request - Chairman Tehassi Hill - Indian Child Welfare Act Events - Washington, D.C. - November 8-10, 2022 Sponsor: Tehassi Hill, Chairman Oneida Business Committee Regular Meeting Agenda Page 2 of 4 October 12, 2022 Public Packet X. XI. 3 of 181 NEW BUSINESS A. HRD follow up from September 28, 2022, regular Oneida Business Committee meeting and directives for FY-2023 budget Sponsor: Todd VanDen Heuvel, Executive HR Director B. Review the Surveillance (Chapter 15) Oneida Gaming Minimum Internal Control Standards and determine next steps Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission C. Review the Craps Rules of Play and determine next steps Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission D. Review the Four Card Poker Rules of Play and determine next steps Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission E. Review the Mississippi Stud Rules of Play and determine next steps Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission F. Review the Three Card Poker Rules of Play and determine next steps Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission G. Post one (1) vacancy - Oneida Land Claims Commission Sponsor: Lisa Liggins, Secretary H. Post one (1) vacancy - Oneida Police Commission Sponsor: Lisa Liggins, Secretary GENERAL TRIBAL COUNCIL A. XII. Approve the notice for the tentatively scheduled November 15, 2022, semi-annual General Tribal Council meeting Sponsor: Lisa Liggins, Secretary EXECUTIVE SESSION A. REPORTS 1. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 2. Accept the General Manger report Sponsor: Mark W. Powless, General Manager Oneida Business Committee Regular Meeting Agenda Page 3 of 4 October 12, 2022 Public Packet 4 of 181 B. C. XIII. AUDIT COMMITTEE 1. Accept the August 18, 2022, regular Audit Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. Accept the Cage/Vault/Kiosk compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman NEW BUSINESS 1. Approve the attorney contract amendment - Oneida Law Office - file # 20191119 Sponsor: Jo Anne House, Chief Counsel 2. Enter the e-poll results into the record regarding the approved updated job description for DR05 and approve the request to post Sponsor: Lisa Liggins, Secretary 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 Government Administrative Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 4 of 4 October 12, 2022 Public Packet 5 of 181 Special recognition for years of service Business Committee Agenda Request 1. Meeting Date Requested: 10/12/22 2. Session: ‫ ܆‬Open ‫ ܆‬Executive – must qualify under §107.4-1. Justification: Choose or type justification.  Requested Motion: ‫ ܆‬Accept as information; OR(QWHUWKHUHTXHVWHGPRWLRQUHODWHGWRWKLVLWHP Acknowledge Years of Service recipients with the attached PowerPoint. 4th Qtr '22  Areas potentially impacted or affected by this request: ‫ ܆‬Finance ‫ ܆‬Law Office ‫ ܆‬Gaming/Retail ‫ ܆‬Other: Tribe wide employees ‫ ܆‬Programs/Services ‫ ܆‬MIS ‫ ܆‬Boards, Committees, or Commissions 5. Additional attendees needed for this request: 1DPH7LWOH(QWLW\25&KRRVHIURP/LVW Revised: 11/15/2021 Page 1 of 2 Public Packet 6 of 181  Supporting Documents: ‫ ܆‬Bylaws ‫ ܆‬Contract Document(s) ‫ ܆‬Correspondence ‫ ܆‬Draft GTC Notice ‫ ܆‬Draft GTC Packet ‫ ܆‬E-poll results/back-up ‫ ܆‬Other: ‫ ܆‬Fiscal Impact Statement ‫ ܆‬Law ‫ ܆‬Legal Review ‫ ܆‬Minutes ‫ ܆‬MOU/MOA ‫ ܆‬Petition ‫ ܆‬Presentation ‫ ܆‬Report ‫ ܆‬Resolution ‫ ܆‬Rule (adoption packet) ‫ ܆‬Statement of Effect ‫ ܆‬Travel Documents  Budget Information: ‫ ܆‬Budgeted – Tribal Contribution ‫ ܆‬Unbudgeted ‫ ܆‬Other: ‫ ܆‬Budgeted – Grant Funded ‫ ܆‬Not Applicable  Submission: Vandenheuvel, HR Director Name, Title/Entity ORExecutive Choose from Authorized Sponsor: Todd Primary Requestor:  Revised: 11/15/2021 Page 2 of 2 Public Packet 7 of 181 Name Emp # YEARS OF SERVICE RECIPIENTS 4TH QUARTER FY'22 JUL - SEPT Supervisor Name ADOH Years DANFORTH,CARMEN B 977 DOXTATER,ANDREW J Sep 28, 1987 35 CONWAY,LOUCINDA K Sep 25, 1987 35 Sep 21, 1987 35 SCHOMMER,REBECCA J 670 DANFORTH,MERCIE L 109 BRAATEN,BLAIR A 649 EMERSON,DAVID L Sep 2, 1992 30 SKENANDORE,JODI M 1172 HILL,C S Sep 2, 1992 30 HUFF,HELEN J 1162 JORDAN,CHAD E Sep 1, 1992 30 CORNELIUS,SYLVIA S 138 ROMMEL,NICOLE A Aug 28, 1992 30 WEBSTER,TONYA L 1220 STENSLOFF,PATRICK W Aug 27, 1992 30 FLAUGER,SHERRY A 897 HOUSE,DAKOTA K Aug 24, 1992 30 STEVENS,DEANNA L 6862 PEGUERO,YVETTE M Aug 24, 1992 30 HIGGS,SUSAN L 339 MYERS,MICHELLE L Aug 3, 1992 30 ZEISE,LLOYD R 744 METOXEN,LAMBERT M Jul 31, 1992 30 KRUSE,MARGARET M 5384 SMITH,DELIA M Jul 27, 1992 30 METOXEN,DALE R 5565 DANFORTH,PAUL F Jul 27, 1992 30 CORNELIUS,KERRY G 126 HOUSE,DAKOTA K Jul 20, 1992 30 WEBSTER,SHAD L 5892 ROMMEL,NICOLE A Jul 20, 1992 30 BUCKLEY,STACY L 10329 KING,KATHLEEN E Sep 21, 1997 25 JOHN,ROSA M 10290 VANSCHYNDEL,RONALD J Sep 21, 1997 25 VERAGHEN,JEAN A 10330 DANFORTH,SUSAN M Sep 21, 1997 25 HILL,LARRY J 3784 DELGADO,TSYOSHAAHT C Sep 7, 1997 25 OLSON,JEAN A 10245 WHITE,DANIELLE L Aug 24, 1997 25 21 October 12th OBC Meeting Public Packet 8 of 181 Oneida Nation Veteran Affairs Committee - Deke Suri Business Committee Agenda Request 1. Meeting Date Requested: 10/12/22 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: Bonnie Pigman, Recording Clerk Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: BPIGMAN Public Packet 9 of 181 Oneida Nation Government Administrative Office PO Box 365  Oneida, WI 54155-0365 oneida-nsn.gov Memorandum TO: Oneida Business Committee FROM: Brooke Doxtator, BCC Supervisor DATE: October 12, 2022 RE: Oath of Office – Oneida Nation Veteran Affairs Committee Background On September 28, 2022, the Oneida Business Committee appointed Deke K Suri to the Oneida Nation Veteran Affairs Committee. A good mind. A good heart. A strong fire. Public Packet 10 of 181 Approve the September 28, 2022, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 10/12/22 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: CELLIS1 Public Packet 11 of 181 DRAFT Oneida Business Committee Executive Session 8:30 AM Tuesday, September 27, 2022 Virtual Meeting – Microsoft Teams1 Regular Meeting 8:30 AM Wednesday, September 28, 2022 BC Conference Room, 2nd floor, Norbert Hill Center Minutes EXECUTIVE SESSION: Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Cornelius; Not Present: Treasurer Tina Danforth, Secretary Lisa Liggins, Councilwoman Jennifer Webster; Arrived at: n/a Others present: Jo Anne House, Larry Barton, Melinda J. Danforth, Mark W. Powless, Louise Cornelius, Todd VanDen Heuvel, Kaylynn Gresham, Katsitsiyo Danforth, Danelle Wilson, Kristal Hill, Rae Skenandore, Justin Nishimoto, Loucinda Conway, Chad Fuss, Lori Hill, Shannon Stone, Tina Jorgensen, Nicole Rommel, Michelle Danforth-Anderson, Cheryl Stevens, Debra Danforth, Lisa Rauschenbach, Shane Archiquette, Josephine Skenandore, Eric Bristol, Jason Doxtator, Mercie Danforth; REGULAR MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council members: Daniel Guzman King (via Microsoft Teams), David P. Jordan, Kirby Metoxen, Marie Cornelius; Not Present: Treasurer Tina Danforth, Councilwoman Jennifer Webster; Arrived at: n/a Others present: Jo Anne House, Larry Barton, Mark W. Powless (via Microsoft Teams), Todd Vandenheuvel (via Microsoft Teams), Katsitsiyo Danforth (via Microsoft Teams), Kaylynn Gresham (via Microsoft Teams), Danelle Wilson (via Microsoft Teams), Rhiannon Metoxen (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Rae Skenandore (via Microsoft Teams), Justin Nishimoto (via Microsoft Teams), Lisa Summers (via Microsoft Teams), Clorissa Santiago, Loucinda Conway (via Microsoft Teams), Carl Artman (via Microsoft Teams), Lisa Duff (via Microsoft Teams), Joshua Cottrell (via Microsoft Teams), Melanie Burkhart (via Microsoft Teams), Lori Hill (via Microsoft Teams), Nicole Rommel (via Microsoft Teams), Tina Jorgensen (via Microsoft Teams), Carolyn Salutz (via Microsoft Teams), Grace Elliott, Jameson Wilson (via Microsoft Teams), Patricia King (via Microsoft Teams), Debbie Melchert (via Microsoft Teams), Brooke Doxtator (via Microsoft Teams), Shannon Davis, Carol Silva (via Microsoft Teams), Marsha Danforth (via Microsoft Teams), Paul Witek (via Microsoft Teams), Stacy Coon (via Microsoft Teams), Matthew J. Denny (via Microsoft Teams), Sacheen Lawrence (via Microsoft Teams), Margaret King (via Microsoft Teams), Carey Gleason (via Microsoft Teams), Dan Skenandore, Aliskwet Ellis; I. CALL TO ORDER Meeting called to order by Chairman Tehassi Hill at 8:32 a.m. For the record: Treasurer Tina Danforth is out on leave and Councilwoman Jennifer Webster is out on approved travel attending the National Tribal Health Conference in Washington, D.C. 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 16 September 28, 2022 Public Packet 12 of 181 DRAFT II. OPENING (00:00:07) Opening provided by Councilman Kirby Metoxen. III. ADOPT THE AGENDA (00:00:31) Motion by David P. Jordan to adopt the agenda with three (3) additions [1) add section entitled General Tribal Council; 2) under the General Tribal Council section, add item entitled Review FY-2023 budget request and determine next steps; 3) under the Executive Session, New Business section, add subitem entitled Review FY-2023 wage adjustment and determine next steps], seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster IV. OATH OF OFFICE A. Oneida Police Commission - Dan Skenandore (00:02:24) Sponsor: Lisa Liggins, Secretary Oath of office administered by Secretary Lisa Liggins. Dan Skenandore was present. V. MINUTES A. Approve the September 14, 2022, regular Business Committee meeting minutes (00:04:51) Sponsor: Lisa Liggins, Secretary Motion by Marie Cornelius to approve the September 14, 2022, regular Business Committee meeting minutes, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 2 of 16 September 28, 2022 Public Packet 13 of 181 DRAFT VI. RESOLUTIONS A. Adopt resolution entitled Wisconsin Alzheimer’s Disease Research Center Community Engaged Recruitment (00:05:19) Sponsor: Mark W. Powless, General Manager Motion by Lisa Liggins to adopt resolution entitled 09-28-22-A Wisconsin Alzheimer’s Disease Research Center Community Engaged Recruitment with two (2) noted changes [1) at line 24, add "WHEREAS, the Oneida Business Committee adopted resolution # BC-05-08-19-A governing how research is conducted within the Oneida Nation Reservation, the Oneida Nation, or includes Oneida Nation members in order to protect the Nation and Members from research that may cause harm mentally, physically or culturally during or after the research; and WHEREAS, the Division Director of the Comprehensive Health Division has reviewed the research request in accordance with resolution # BC-05-08-19-A and recommends that the research be authorized; and"; 2) at line 44, "BE IT FURTHER RESOLVED, that any papers or studies from this research shall be presented to the Division Director of the Comprehensive Health Division who shall present these papers or studies to the Oneida Business Committee"], seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster B. Adopt resolution entitled Intergovernmental Cooperative Agreement to Satisfy Eligibility for the Wisconsin Recycling Consolidation Grant for Calendar Year 2023 (00:22:41) Sponsor: Mark W. Powless, General Manager Motion by David P. Jordan to adopt resolution entitled 09-28-22-B Intergovernmental Cooperative Agreement to Satisfy Eligibility for the Wisconsin Recycling Consolidation Grant for Calendar Year 2023, seconded by Brandon Stevens. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster C. Adopt resolution entitled Emergency Adoption of the Oneida Life Insurance Plan Law (00:24:36) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to extend the public comment period for tribal member Lisa Summers for an additional five (5) minutes, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Abstained: Marie Cornelius Not Present: Tina Danforth, Jennifer Webster Motion by Kirby Metoxen to adopt resolution entitled 09-28-22-C Emergency Adoption of the Oneida Life Insurance Plan Law, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Lisa Liggins, Kirby Metoxen, Brandon Stevens Opposed: Daniel Guzman King Abstained: David P. Jordan Not Present: Tina Danforth, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 3 of 16 September 28, 2022 Public Packet 14 of 181 DRAFT D. Adopt resolution entitled Adoption of Standard Operating Procedure: Employment Cap and Labor Allocations Level – Budget and Finances Law, Chapter 121 (01:06:59) Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Liggins to adopt resolution entitled 09-28-22-D Adoption of Standard Operating Procedure: Employment Cap and Labor Allocations Level – Budget and Finances Law, Chapter 121 with three (3) noted changes [1) delete lines 58-61 regarding FTE cap; 2) line 70, change "October 26th" to "November 23rd"; and 3) at line 20, add "WHEREAS, the Oneida Business Committee adopted resolution # BC- 05-25-22-A, Fiscal Year 2023 Budget Considerations and Calendar, which set the employment cap at 2200 FTEs and the financial employment cost at $127 million; and"], seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Opposed: Daniel Guzman King Not Present: Tina Danforth, Jennifer Webster VII. APPOINTMENTS A. Determine next steps regarding one (1) vacancy - Oneida Nation Veteran Affairs Committee (02:00:32) Sponsor: Lisa Liggins, Secretary Motion by Marie Cornelius to accept the selected applicant and appoint Deke Suri to the Oneida Nation Veterans Affairs Committee with a term ending December 31, 2022, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens Abstained: Lisa Liggins Not Present: Tina Danforth, Jennifer Webster VIII. STANDING COMMITTEES A. FINANCE COMMITTEE 1. Accept the September 6, 2022, regular Finance Committee meeting minutes (02:01:25) Sponsor: Larry Barton, Chief Financial Officer Motion by David P. Jordan to accept the September 6, 2022, regular Finance Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 4 of 16 September 28, 2022 Public Packet 15 of 181 DRAFT 2. Accept the September 19, 2022, regular Finance Committee meeting minutes (02:01:54) Sponsor: Larry Barton, Chief Financial Officer Motion by David P. Jordan to accept the September 19, 2022, regular Finance Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster B. LEGISLATIVE OPERATING COMMITTEE 1. Accept the September 7, 2022, regular Legislative Operating Committee meeting minutes (02:02:23) Sponsor: David P. Jordan, Councilman Motion by Marie Cornelius to accept the September 7, 2022, regular Legislative Operating Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster C. QUALITY OF LIFE COMMITTEE 1. Accept the July 21, 2022, regular Quality of Life Committee meeting minutes (02:02:47) Sponsor: Marie Cornelius, Councilwoman Motion by David P. Jordan to accept the July 21, 2022, regular Quality of Life Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster IX. STANDING ITEMS A. ARPA FRF and Tribal Contribution Savings Submissions (02:03:14) No submissions to consider. Oneida Business Committee Regular Meeting Minutes Page 5 of 16 September 28, 2022 Public Packet 16 of 181 DRAFT X. TRAVEL REPORTS A. Approve the travel report - Councilwoman Marie Cornelius - Wis DOT Inter-Tribal Task Force (ITTF) meeting - Lac Du Flambeau, WI - May 11-12, 2022 (02:03:19) Sponsor: Marie Cornelius, Councilwoman Motion by Lisa Liggins to approve the travel report from Councilwoman Marie Cornelius for the Wis DOT Inter-Tribal Task Force (ITTF) meeting in Lac Du Flambeau, WI - May 11-12, 2022, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster B. Approve the travel report - Councilwoman Marie Cornelius - 16th WisDOT Tribal Consultation Meeting - Wabeno, WI - August 7-8, 2022 (02:03:53) Sponsor: Marie Cornelius, Councilwoman Motion by Lisa Liggins to approve the travel report from Councilwoman Marie Cornelius for the 16th WisDOT Tribal Consultation Meeting in Wabeno, WI - August 7-8, 2022, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster C. Approve the travel report - Councilwoman Marie Cornelius - WisDOT Inter-Tribal Task Force (ITTF) meeting - Carter, WI - September 7-8, 2022 (02:04:18) Sponsor: Marie Cornelius, Councilwoman Motion by David P. Jordan to approve the travel report from Councilwoman Marie Cornelius for the WisDOT Inter-Tribal Task Force (ITTF) meeting in Carter, WI - September 7-8, 2022, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster D. Approve the travel report - Councilman Daniel Guzman King - Great Lakes Area Opioid Conference - Bloomington, MN - April 27-29, 2022 (02:04:46) Sponsor: Daniel Guzman King, Councilman Motion by Kirby Metoxen to approve the travel report from Councilman Daniel Guzman King for the Great Lakes Area Opioid Conference in Bloomington, MN - April 27-29, 2022, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 6 of 16 September 28, 2022 Public Packet 17 of 181 DRAFT E. Approve the travel report - Councilman Daniel Guzman King - Great Lakes InterTribal Council (GLITC) Board of Directors meeting - Baraboo, WI - May 11-12, 2022 (02:05:11) Sponsor: Daniel Guzman King, Councilman Motion by Marie Cornelius to approve the travel report from Councilman Daniel Guzman King for the Great Lakes Inter-Tribal Council (GLITC) Board of Directors meeting in Baraboo, WI - May 11-12, 2022, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster F. Approve the travel report - Councilman Daniel Guzman King - FY 2023 Bemidji Area Pre-Negotiation meeting - Bloomington, MN - June 8-10, 2022 (02:05:37) Sponsor: Daniel Guzman King, Councilman Motion by Marie Cornelius to approve the travel report from Councilman Daniel Guzman King for the FY 2023 Bemidji Area Pre-Negotiation meeting in Bloomington, MN - June 8-10, 2022, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster G. Approve the travel report - Councilman Daniel Guzman King - Local Government Advisory Committee (LGAC) and Small Community Advisory Subcommittee (SCAS) public meeting - Washington, D.C. - June 22-24, 2022 (02:06:06) Sponsor: Daniel Guzman King, Councilman Motion by Lisa Liggins to approve the travel report from Councilman Daniel Guzman King for the Local Government Advisory Committee (LGAC) and Small Community Advisory Subcommittee (SCAS) public meeting in Washington, D.C. - June 22-24, 2022, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster H. Approve the travel report - Councilman Kirby Metoxen - Annual American Indian Tourism Conference - Scottsdale, AZ - October 24-28, 2021 (02:06:34) Sponsor: Kirby Metoxen, Councilman Motion by David P. Jordan to approve the travel report from Councilman Kirby Metoxen for the Annual American Indian Tourism Conference in Scottsdale, AZ - October 24-28, 2021, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens Abstained: Kirby Metoxen Not Present: Tina Danforth, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 7 of 16 September 28, 2022 Public Packet 18 of 181 DRAFT I. Approve the travel report - Councilman Kirby Metoxen - SEOTS Food Card Distribution - Milwaukee, WI - November 17-20, 2021 (02:07:02) Sponsor: Kirby Metoxen, Councilman Motion by David P. Jordan to approve the travel report from Councilman Kirby Metoxen for the SEOTS Food Card Distribution in Milwaukee, WI - November 17-20, 2021, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens Abstained: Kirby Metoxen Not Present: Tina Danforth, Jennifer Webster J. Approve the travel report - Councilman Kirby Metoxen - 2022 Wisconsin Governor's Conference on Tourism - Madison, WI - March 13-16, 2022 (02:07:33) Sponsor: Kirby Metoxen, Councilman Motion by David P. Jordan to approve the travel report from Councilman Kirby Metoxen for the 2022 Wisconsin Governor's Conference on Tourism in Madison, WI - March 13-16, 2022, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens Abstained: Kirby Metoxen Not Present: Tina Danforth, Jennifer Webster K. Approve the travel report - Councilman Kirby Metoxen - Indian Gaming Tradeshow & Convention - Anaheim, CA - April 17-20, 2022 (02:08:04) Sponsor: Kirby Metoxen, Councilman Motion by Marie Cornelius to approve the travel report from Councilman Kirby Metoxen for the Indian Gaming Tradeshow & Convention in Anaheim, CA - April 17-20, 2022, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens Abstained: Kirby Metoxen Not Present: Tina Danforth, Jennifer Webster L. Approve the travel report - Councilman Kirby Metoxen - Native American Tourism of Wisconsin (NATOW) 2022 Annual Conference - Wabeno, WI - June 20-22, 2022 (02:08:33) Sponsor: Kirby Metoxen, Councilman Motion by Marie Cornelius to approve the travel report from Councilman Kirby Metoxen for the Native American Tourism of Wisconsin (NATOW) 2022 Annual Conference in Wabeno, WI - June 20-22, 2022, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens Abstained: Kirby Metoxen Not Present: Tina Danforth, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 8 of 16 September 28, 2022 Public Packet 19 of 181 DRAFT M. Approve the travel report - Councilman Kirby Metoxen - 2022 Wisconsin State Fair - Milwaukee, WI - August 5-7, 2022 (02:09:03) Sponsor: Kirby Metoxen, Councilman Motion by Lisa Liggins to approve the travel report from Councilman Kirby Metoxen for the 2022 Wisconsin State Fair in Milwaukee, WI - August 5-7, 2022, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens Abstained: Kirby Metoxen Not Present: Tina Danforth, Jennifer Webster For the record: Councilman Kirby Metoxen stated I just wanted to say that the reason these reports are in here and all at one time is my assistant was told these were funded by not tribal contributions but through Native American Tourism of Wisconsin. So, she sent the reports to them and then later found out that they still needed to come before the tribe. So that’s how they all ended up here, thank you. N. Approve the travel report - Councilwoman Jennifer Webster - Great Lakes Area Tribal Health Board: Indian Health Services Pre-Negotiations - Minneapolis, MN June 7-10, 2022 (02:10:03) Sponsor: Jennifer Webster, Councilwoman Motion by David P. Jordan to approve the travel report from Councilwoman Jennifer Webster for the Great Lakes Area Tribal Health Board: Indian Health Services Pre-Negotiations in Minneapolis, MN June 7-10, 2022, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster O. Approve the travel report - Councilwoman Jennifer Webster - 2022 Tribal SelfGovernance Conference - Burlingame, CA - July 31-August 5, 2022 (02:10:34) Sponsor: Jennifer Webster, Councilwoman Motion by Marie Cornelius to approve the travel report from Councilwoman Jennifer Webster for the 2022 Tribal Self-Governance Conference in Burlingame, CA - July 31-August 5, 2022, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster P. Approve the travel report - Councilwoman Jennifer Webster - 2022 Secretary's Tribal Advisory Committee (STAC) meeting - Albuquerque, NM - September 5-10, 2022 (02:11:11) Sponsor: Jennifer Webster, Councilwoman Motion by Lisa Liggins to approve the travel report from Councilwoman Jennifer Webster for the 2022 Secretary's Tribal Advisory Committee (STAC) meeting in Albuquerque, NM - September 5-10, 2022, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Not Present: Tina Danforth, Jennifer Webster Chairman Tehassi Hill left at 10:44 a.m. Vice-Chairman Brandon Stevens assumes the role of the Chair. Oneida Business Committee Regular Meeting Minutes Page 9 of 16 September 28, 2022 Public Packet 20 of 181 DRAFT XI. TRAVEL REQUESTS A. Approve the travel request - Chairman Tehassi Hill - 79th Annual National Congress of American Indians (NCAI) Convention & Marketplace - Sacramento, CA - October 30-November 4, 2022 (02:12:24) Sponsor: Tehassi Hill, Chairman Motion by Lisa Liggins to approve the travel request for Chairman Tehassi Hill and up to two (2) additional Business Committee members to attend the 79th Annual National Congress of American Indians (NCAI) Convention & Marketplace in Sacramento, CA - October 30-November 4, 2022, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster B. Approve the travel request - Councilman Kirby Metoxen - Annual American Indian Tourism Conference - Funner, CA - October 23-28, 2022 (02:13:53) Sponsor: Kirby Metoxen, Councilman Motion by Lisa Liggins to approve the travel request for Councilman Kirby Metoxen to attend the Annual American Indian Tourism Conference in Funner, CA - October 23-28, 2022, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins Abstained: Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster C. Approve the travel request - Councilman Kirby Metoxen - Smithsonian National Museum of the American Indian Veterans Memorial - Washington, D.C. - November 9-13, 2022 (02:14:50) Sponsor: Kirby Metoxen, Councilman Motion by Lisa Liggins to approve the travel request for Councilman Kirby Metoxen to attend the Smithsonian National Museum of the American Indian Veterans Memorial in Washington, D.C. November 9-13, 2022, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins Abstained: Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster D. Enter the e-poll results into the record regarding the approved travel request for Chairman Tehassi Hill to attend the Inflation Reduction Act Passage Event in Washington, D.C. - September 13-14, 2022 (02:15:21) Sponsor: Lisa Liggins, Secretary Motion by Marie Cornelius to enter the e-poll results into the record regarding the approved travel request for Chairman Tehassi Hill to attend the Inflation Reduction Act Passage Event in Washington, D.C. - September 13-14, 2022, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 10 of 16 September 28, 2022 Public Packet 21 of 181 DRAFT E. Enter the e-poll results into the record regarding the approved travel request for Chairman Tehassi Hill to meet with U.S. Department of the Interior Assistant Secretary of Indian Affairs in Washington, D.C. - September 22, 2022 (02:15:50) Sponsor: Lisa Liggins, Secretary Motion by Marie Cornelius to enter the e-poll results into the record regarding the approved travel request for Chairman Tehassi Hill to meet with U.S. Department of the Interior Assistant Secretary of Indian Affairs in Washington, D.C. - September 22, 2022, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster XII. NEW BUSINESS A. Review the Environmental, Health, Safety, Land, and Agriculture Environmental Resource Board assessment and determine next steps (02:16:20) Sponsor: Mark W. Powless, General Manager Motion by Lisa Liggins to accept the Environmental, Health, Safety, Land, and Agriculture Environmental Resource Board assessment; to recommend the dissolution the Environment Resource Board; and to direct Chief Counsel to bring back a report in 45 days on actions that need to take place in order to complete the dissolution of the Environmental Resource Board including amendments to laws and addressing any background material, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen Opposed: Daniel Guzman King Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster B. Approve two (2) requested actions - CDC # 20-101 Museum Relocation (02:23:34) Sponsor: Mark W. Powless, General Manager Motion by Lisa Liggins to approve the procedural exception to forgo Phase II of the CIP process of routing the CDC approval package to the various entities and approve the CDC approval package for CDC # 20-101 Museum Relocation, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster C. Enter the e-poll results into the record regarding the granted thirty (30) day extension to the After Action Report presentation deadline for the June 15, 2022, storm per § 302.8-4 of the Emergency Management law (02:46:07) Sponsor: Lisa Liggins, Secretary Motion by David P. Jordan to enter the e-poll results into the record regarding the granted thirty (30) day extension to the After Action Report presentation deadline for the June 15, 2022, storm per § 302.8-4 of the Emergency Management law, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 11 of 16 September 28, 2022 Public Packet 22 of 181 DRAFT D. Enter the e-poll results into the record regarding the approved exception to 3.6.1. of the American Rescue Plan Act (ARPA) and Fiscal Recovery Funds (FRF) Lost Revenue Projects SOP to allow for late submission to the FRF Program Office by the Executive HR Director (02:46:41) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to enter the e-poll results into the record regarding the approved exception to 3.6.1. of the American Rescue Plan Act (ARPA) and Fiscal Recovery Funds (FRF) Lost Revenue Projects SOP to allow for late submission to the FRF Program Office by the Executive HR Director, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster XIII. GENERAL TRIBAL COUNCIL A. Review FY-2023 budget request and determine next steps (02:47:27) Sponsor: Rae Skenandore, Budget Analyst Motion by Lisa Liggins to cancel the tentative December 11, 2022, Special General Tribal Council meeting date for presentation and action on the FY-2023 budget; to direct the Chief Financial Officer to develop a presentation on the budget process for the FY-2023 and the content of the final budget for the Oneida Business Committee to present to the membership because a General Tribal Council meeting cannot be held prior to the end of calendar year 2022 as directed in the Budget and Finances law and to direct updates on this presentation be presented to the Oneida Business Committee at the monthly Business Committee work sessions; and to direct the Chief Financial Officer to bring back a resolution for adoption of the budget by the Oneida Business Committee in accordance with section 121.5-4(e)(1) of the Budget and Finances law and to direct updates on the resolution be brought back monthly to the Business Committee work session, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster Motion by Lisa Liggins to approve the re-opening the FY-2023 draft budget to make corrections and updates based on the directives taken at today’s meeting under agenda item XIII.A.; to direct the Chief Financial Officer to identify an open and closing date for re-opening the budget to make modifications; and to direct the Chief Financial Officer to provide updates at the monthly Business Committee work session regarding the opening and closing dates, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster Motion by Lisa Liggins to direct that the placement in grade adjustment shall be calculated based on 1% to 4% based on the actual employee positions, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 12 of 16 September 28, 2022 Public Packet 23 of 181 DRAFT Continued motions regarding item XIII.A. Review FY-2023 budget request and determine next steps: Motion by Lisa Liggins to direct that upon re-opening of the FY-2023 budget that all new positions previously entered shall be removed from the FY-2023 budget and the Oneida Business Committee shall recognize that FY-2023 will likely require budget modifications in accordance with the SOP: Employment Cap and Labor Allocations Level – Budget and Finances Law, Chapter 121, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen Opposed: Daniel Guzman King Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster Motion by Lisa Liggins to defer the discussion regarding the vacancy aging report to the October Business Committee work session and for the Executive HR Director to be invited at a minimum, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster Motion by Marie Cornelius to direct the General Manager to separate the funding for CDC # 20-1010 over FY-2023 and FY-2024 and to send an updated CIP funding request to the Chief Financial Officer for the budget modification; and to direct the Retail General Manager to present a recommendation regarding the Retail E&EE location CIP # 19-002 project and send an updated CIP funding request to the Chief Financial Officer for the budget modification, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster Motion by Lisa Liggins to direct that the COVID-19 time-off funding be reduced to $400,000 in the FY2023 budget; to direct the Executive Director of Human Resources Department to bring a resolution to the next Oneida Business Committee meeting to authorize the paid work time for FY2023, update the COVID-19 Paid-Time Off SOP and/or resolution, and to track its use in FY-2023; and apply the COVID-19 time off funding to grant funded positions which do not allow a paid work time expense, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster Motion by Lisa Liggins to direct the Executive Director of Human Resources Department to re-evaluate the budgeted amount for merit incentive payments to more accurately reflect the potential expense and to present this information at the October 18, 2022, Business Committee work session, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster Motion by Lisa Liggins to direct the Chief Counsel, the Chief Financial Officer, and the Budget Analyst to develop a resolution at the October 18, 2022, Business Committee work session that restricts the use of carry-over funding by requiring an individual resolution authorizing amount and specific use of carry-over funds, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 13 of 16 September 28, 2022 Public Packet 24 of 181 DRAFT Continued motions regarding item XIII.A. Review FY-2023 budget request and determine next steps: Motion by Lisa Liggins to direct the Business Committee Officers and the Budget Analyst to work together to provide a communication piece regarding today’s directives to the organization to be sent out by Tuesday, next week, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster XIV. EXECUTIVE SESSION A. REPORTS 1. Accept the Chief Counsel report (04:21:00) Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Liggins to accept reports item XIV.A.1-4, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster 2. Accept the General Manager report Sponsor: Mark W. Powless, General Manager Motion by Lisa Liggins to accept reports item XIV.A.1-4, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster 3. Accept the Intergovernmental Affairs, Communications, and Self-Governance September 2022 report Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by Lisa Liggins to accept reports item XIV.A.1-4, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster 4. Accept the Treasurer's August 2022 report Sponsor: Larry Barton, Chief Financial Officer Motion by Lisa Liggins to accept reports item XIV.A.1-4, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 14 of 16 September 28, 2022 Public Packet 25 of 181 DRAFT B. NEW BUSINESS 1. Review HRD proposal regarding Time and Attendance and determine next steps (04:21:36) Sponsor: Todd VanDen Heuvel, Executive HR Director Motion by Lisa Liggins to approve the reorganization of the Time and Attendance department to report directly under HRD as presented, effective October 2, 2022, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster a. Review FY-2023 wage adjustments and determine next steps (04:22:00) Sponsor: Todd VanDen Heuvel, Executive HR Director Motion by Lisa Liggins to accept the discussion as information, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster 2. Review applications for one (1) vacancy - Oneida Nation Veteran Affairs Committee (04:22:24) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to accept the discussion for one (1) vacancy - Oneida Nation Veteran Affairs Committee as information, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster 3. Approve contract - Oneida Gaming Commission Legal Services- file # 2022-0730 (04:22:53) Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission Motion by Lisa Liggins to approve the attorney contract - Oneida Gaming Commission Legal Servicesfile # 2022-0730, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster 4. Accept closeout report for complaint # 2022-DR08-03 (04:23:20) Sponsor: Kristal Hill, Executive Assistant Motion by Marie Cornelius to accept closeout report for complaint # 2022-DR08-03, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen Abstained: Lisa Liggins Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 15 of 16 September 28, 2022 Public Packet 26 of 181 DRAFT XIV. ADJOURN (04:23:48) Motion by Lisa Liggins to adjourn at 12:56 p.m., seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen Not Present: Tina Danforth, Tehassi Hill, Jennifer Webster Minutes prepared by Aliskwet Ellis, Information Management Specialist. Minutes approved as presented on . Lisa Liggins, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 16 of 16 September 28, 2022 Public Packet 27 of 181 Accept the September 21, 2022, regular Legislative Operating Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 10/12/22 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☒ Accept as information; OR Accept the September 21, 2022, Legislative Operating Committee meeting minutes. 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☒ Other: Legislative Operating ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions Committee 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 28 of 181 6. 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 7. Budget Information: ☐ Budgeted – Tribal Contribution ☐ Unbudgeted ☐ Other: Describe ☐ Budgeted – Grant Funded ☒ Not Applicable 8. Submission: Authorized Sponsor: David P. Jordan, Councilman Primary Requestor: Clorissa N. Santiago, LRO Senior Staff Attorney Revised: 11/15/2021 Page 2 of 2 Public Packet 29 of 181 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Microsoft Teams September 21, 2022 9:00 a.m. The September 21, 2022, Legislative Operating Committee meeting was held virtually on Microsoft Teams. Present: David P. Jordan, Kirby Metoxen, Marie Cornelius, Jennifer Webster, Daniel Guzman King Others Present: Clorissa N. Santiago, Grace Elliot, Carolyn Salutz, Lawrence Barton, Rhiannon Metoxen, Kristal Hill, Peggy Van Gheem, Carl Artman, Kelly McAndrews, Eric Boulanger I. Call to Order and Approval of the Agenda David P. Jordan called the September 21, 2022, Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Jennifer Webster to adopt the agenda; seconded by Marie Cornelius. Motion carried unanimously. II. Minutes to be Approved 1. September 7, 2022 LOC Meeting Minutes Motion by Marie Cornelius to approve the September 7, 2022, LOC meeting minutes and forward to the Oneida Business Committee for consideration; seconded by Jennifer Webster. Motion carried unanimously. III. Current Business 1. Oneida Nation Assistance Fund Law Motion by Jennifer Webster to accept the public comments and the public comment review memorandum and defer to a work meeting for further consideration; seconded by Marie Cornelius. Motion carried unanimously. IV. New Submissions 1. Back Pay Law Amendments Motion by Jennifer Webster to add the Back Pay Law Amendments to the Active Files List with Marie Cornelius as the sponsor; seconded by Kirby Metoxen. Motion carried unanimously. V. Additions Legislative Operating Committee Meeting Minutes of September 21, 2022 Page 1 of 2 Public Packet 30 of 181 VI. Administrative Items VII. Executive Session VIII. Adjourn Motion by Marie Cornelius to adjourn at 9:06 a.m.; seconded by Jennifer Webster. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of September 21, 2022 Page 2 of 2 Public Packet 31 of 181 Consider the request for an ARPA FRF and Tribal Contribution Savings funded community park... Business Committee Agenda Request 1. Meeting Date Requested: 10/12/22 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☐ Accept as information; OR Approve the request of ARPA funds for improvements to Turtle Where it Ends park in Oneida, WI, to be completed within 3 years. 4. Areas potentially impacted or affected by this request: ☒ Finance ☐ Law Office ☐ Gaming/Retail ☐ Other: Describe ☒ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 32 of 181 6. 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 7. Budget Information: ☐ Budgeted – Tribal Contribution ☐ Unbudgeted ☒ Other: ARPA Federal Relief ☐ Budgeted – Grant Funded ☐ Not Applicable 8. Submission: Authorized Sponsor: Name, Title/Entity OR Choose from List Primary Requestor: Dylan Benton, Oneida Tribal Member Revised: 11/15/2021 Page 2 of 2 Public Packet 33 of 181 Oct. 4, 2022 Dylan Benton PO Box 123 Oneida, WI 54155 Oneida Business Committee PO Box 365 Oneida, WI 54155 Greetings BC Members, I’m proposing a project to improve the “Turtle Where it Ends,” community park with funds from the ARPA Federal Relief fund. This park on Old Seymour Rd in Oneida, WI. This park needs more amenities for tribal members and visitors. The improvements would encourage more tribal and community members to use the park for recreation and well-being. It would also be an attractive place for visitors, tourists, hikers and bicyclists in the areas. I propose building a concrete parking lot for at least 10 cars, adding a driveway and improving and re-routing the existing driveway to the parking lot, and building a medium sized shelter with a concrete floor. Additional amenities are the purchase and placement of 7 park benches, some picnic tables, and a standing outdoor grill near the shelter. The estimate costs of these improvements are: Concrete Parking Lot for 10 Cars $75,000 Driveways from Old Seymour Rd $10,000 Medium Park Shelter $50,000 Park Benches $ 2,000 2 Outdoor grills $ 800 Total $137,800 I appreciate your consideration of this community park improvement. Feel free to contact me at dylanbenton@live.com or 920-492-0913. Sincerely, Dylan Benton Public Packet 34 of 181 Public Packet 35 of 181 Adopt resolution entitled Obligation for Beef Discount Project Utilizing Tribal Contribution Savings Public Packet 36 of 181 signed by Mark W. Powless Mark W. Powless Digitally Date: 2022.09.22 13:34:50 -05'00' Public Packet 37 of 181 Public Packet 38 of 181 Public Packet 39 of 181 Public Packet 40 of 181 Adopt resolution entitled Obligation for Oneida Nation Farm Combine Utilizing Tribal Contribution Savings Public Packet 41 of 181 signed by Mark W. Powless Mark W. Powless Digitally Date: 2022.09.22 13:34:06 -05'00' Public Packet 42 of 181 Public Packet 43 of 181 Public Packet 44 of 181 Public Packet 45 of 181 Adopt resolution entitled Obligation for Oneida Nation Farm Office Utilizing Tribal Contribution Savings Public Packet 46 of 181 signed by Mark W. Powless Mark W. Powless Digitally Date: 2022.09.23 13:13:32 -05'00' Public Packet 47 of 181 Public Packet 48 of 181 Public Packet 49 of 181 Public Packet 50 of 181 Public Packet 51 of 181 Public Packet 52 of 181 Approve the travel report - Secretary Lisa Liggins - National Congress of American Indians (NCAI) Mid... Business Committee Agenda Request 1. Meeting Date Requested: 10/12/22 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: CELLIS1 Public Packet 53 of 181 B USINESS C OMMITTEE T RAVEL R EPORT Travel Report for: Travel Event: Lisa Liggins National Congress of American Indians (NCAI) Mid Year Conference & Marketplace Travel Location: Anchorage, AK Departure Date: 06/12/2022 Return Date: 06/17/2022 Projected Cost: $4,355.00 Actual Cost: $4,321.16 Date Travel was Approved by OBC: 05/11/2022 Narrative/Background: This four-day conference was themed "Thinking Beyond Self Determination" and involved embarking on a new era of Nation-to-Nation engagement, including proactive strategy development and advocacy. My focus was on the breakout sessions regarding Violence Against Women Act 2022 (VAWA22) as it relates to our internal team’s discussions about what retrocession could look like for the Oneida Nation. As this was my first NCAI event, I was interested in understanding the membership, committees, resolutions, voting and process. Overall, I learned a lot; but generally, the majority of the discussions were targeting toward the Alaska Region. Monday, June 13 • Breakout Session: NCAI Task Force on Violence Against Women This session was closed to the public/press. The facilitator was the Co—Chair of this Task Force, Dr. Juana Majel Dixon. I missed the first part of the session due to technical issues the NCAI were experiencing during check in. Various speakers shared tribal programs that prevent and address violence against women in Indian Country and reviewed related national policy work.  Breakout Session: Listening Session - Violence Against Women Act 2022: Tribal Nation Facilitated Discussion This session was led by the staff from Tiwahe Demonstration Project (https://www.bia.gov/ois/tiwahe). The group reviewed various tribal provisions that need to be implemented in VAWA22, including the Alaska Pilot Program, the tribal VAWA Reimbursement Program, the Tribal Prisoner Program, the Alaska Public Safety Commission, the Tribal Access Program. Page 1 of 3 OBC Approved 03-25-2015 Public Packet Page 2  54 of 181 Business Committee Travel Report I wasn’t able to attend any other events that evening as I had to prepare the materials for and schedule an emergency BC meeting on Tuesday, June 14. Tuesday, June 14  I did not attend any sessions in the morning. There was an emergency BC meeting Session which was scheduled for 11:00 a.m. CT (which is 8:00 a.m. AKT). Following the meeting I had various follow ups to complete associated with the meeting.  Subcommittee Meeting: Jurisdiction and Tribal Government This was my first subcommittee meeting. There were five (5) resolutions being considered; all but one (1) was supported to move to general assembly with no issue. The majority of the discussion was regarding the proposed resolution # ANC-22-003 entitled NCAI Support for Closely Monitoring Legislation Involving Definitions of "Indian Tribes" in Light of Yellen v. Confederated Tribes of the Chehalis Reservation et. als; the one that was ultimately tabled. Attendees were incredibly vocal in their opposition. It was a lively discussion to say the least; however, it was also informative and helped me understand the dynamics within and between the tribes/villages (large and small) and the Alaska Native Claims Settlement Act corporations.  Subcommittee Meeting: Public Safety and Justice This immediately followed the Jurisdiction and Tribal Government subcommittee and tensions in the room were very high. Chairman Hill was asked to provide an opening prior to the start which he graciously provided.  Fellowship: Cultural Night This event was held at the Alaska Native Heritage Center (https://www.alaskanative.net/). There were local vendors, the center was open to view the exhibits, samples of local foods, and outdoor exhibits which are dotted around small pond. Wednesday, June 15  General Assembly Updates and presentations as indicated in the attached agenda.  Breakout Session: From Paper to Prosecutions: Implementing VAWA 2022 There wasn’t an agenda for this session as it was more of an open discussion. Following this session, I was able to speak with Dr. Juana Majel Dixon, the cochair of the NCAI Task Force on Violence Against Women. She is also located in a PL280 State and they are in the process of retrocession and used VAWA as the catalyst to make that change. She impressed the importance of education for everyone involved (tribal members, community/local leaders, local municipalities). We also had a short talk about “all at once” overhaul vs incremental/planned change. Page 2 of 3 Public Packet Page 3 55 of 181 Business Committee Travel Report Thursday, June 16  General Assembly Updates and presentations as indicated in the attached agenda. Action taken on the final resolutions. Results posted here: https://www.ncai.org/resolutions/2022-midyear Item(s) Requiring Attention: None for other areas to address; the information related to how VAWA22 can be applied to retrocession planning will be reviewed/assessed by the team. Requested Action: Approve the travel report from Secretary Lisa Liggins for the National Congress of American Indians (NCAI) Mid Year Conference & Marketplace in Anchorage, AK – June 12-17, 2022 Public Packet 56 of 181 2022 Mid Year Conference & Marketplace Anchorage, Alaska Task Force on Violence Against Native Women Closed to Press 9:00 a.m.- 11:30 a.m., Monday, June 13, 2022 9:00 a.m. – 9:10 a.m. Welcome, Invocation & Introductions • Co-Chairs: Juana Majel Dixon & Shannon Holsey 9:10 a.m. – 10:00 a.m. Sharing of Regional Highlights: Organizing for Social Change • Updates from Tribal Nations, Tribal Coalitions, and Native Organizations 10:00 a.m. – 11:25 a.m. What is in a Law? A Violence Against Women Act 2022 Implementation Conversation • Establishing the VAWA Reimbursement Program o Mary Kathryn Nagle, Policy Consultant, NIWRC • Tribal Access Program (TAP) o Traditional Councilwoman Juana Majel Dixon, Pauma Band of Mission Indians o Kelbie Kennedy, Policy Manager and Policy Lead- National Security and Community Safety, NCAI • The Permanent Bureau of Prisons, Tribal Prisoner Program o Dawn Stover, Executive Director, ATCEV • Alaska Pilot Program and the Alaska Tribal Public Safety Advisory Committee o Michelle Demmert, Law and Policy Director, AKNWRC o Tami Truett Jerue, Executive Director, AKNWRC 11:25 a.m. – 11:30 a.m. Closing Remarks • Co-Chairs: Juana Majel Dixon & Shannon Holsey 1 Public Packet 57 of 181 2022 Mid Year Conference & Marketplace Anchorage, Alaska Violence Against Women Act 2022: Tribal Nation Facilitated Discussion Closed to Press Monday, June 13, 2022 3:30 p.m. – 5:00 p.m. Room: Tik Facilitators: 3rd Vice President Catherine Edwards, Central Council of the Tlingit and Haida Indian Tribes of Alaska Nikki Borchardt Campbell, Executive Director, National American Indian Court Judges Association 1. Welcome & Short Announcements 2. Setting the Stage: VAWA 2022 Overview a. Mary Kathryn Nagle, Policy Consultant, National Indigenous Women’s Resource Center 3. VAWA 2022 Federal Implementation Updates a. Allison Randall, Acting Director, Office on Violence Against Women, U.S. Department of Justice b. Tracy Toulou, Director, Office of Tribal Justice, U.S. Department of Justice c. Tricia Tingle, Associate Director, Tribal Justice Support, Office of Justice Services, U.S. Department of the Interior 4. VAWA 2022 Facilitated Discussion 5. Closing Remarks and Next Steps 6. Adjourn Public Packet 58 of 181 2022 Mid Year Conference & Marketplace Anchorage, Alaska Jurisdiction and Tribal Government Subcommittee Agenda Tuesday, June 14, 2022 3:00 p.m. - 4:30 p.m. AKT Subcommittee Chair: John Echohawk, Executive Director, Native American Rights Fund 1. Welcome 2. Short Announcements 3. Consideration of Resolutions 4. New Business 5. Adjourn 1 Public Packet 59 of 181 NATIONAL CONGRESS OF AMERICAN INDIANS Resolutions Committee Recommendation Resolution #: ANC-22-003 Original Title: NCAI Support for Closely Monitoring Legislation Involving Definitions of "Indian Tribes" in Light of Yellen v. Confederated Tribes of the Chehalis Reservation Proposed Title (if different): Supporting the Close Monitoring of Legistation Involving Definitions of "Indian Tribes" in Light of Yellen v. Confederated Tribes of the Chehalis Reservation Summary: SUMMARY OF RESOLUTION / COMMENTS Resolution #ANC-22-003 directs NCAI to monitor federal legislation and ensure that federal legislation defines "Indian tribe" as found in the List Act of 1994, and that federal legislation does not define "Indian tribe" as found in the Indian Self-Determination and Education Assistance Act, which would allow ANCs to access funding otherwise reserved to tribal governments. PRIOR NCAI POLICY STATEMENTS (RESOLUTIONS) RELATED TO RESOLUTION “A resolution, once adopted, remains the policy of NCAI until withdrawn or modified by subsequent resolution, or until it expires pursuant to its terms.” Is there a prior NCAI resolutions duplicative in scope to this resolution? Duplicative Resolution (if applicable): If “Yes”, please list relevant resolutions in this box by Resolution Number. Are there any prior NCAI resolutions related to this resolution’s topic? Relevant Resolutions (if applicable): Yes ☐ No ☒ Yes ☒ No ☐ PDX-20-011, NCAI Affirms Federally Recoginized Tribe List Act as Touchstone for Interior, et al., to Determine Federally Recognized Indian Tribes, availble here: https://www.ncai.org/attachments/Resolution_CIRMITOJiKucpyRgTHqzwgoXqdNJnEEsBuQhuMZOUPzPxmpJoXB_P DX-20-011%20SIGNED.pdf TECHNICAL EDITS Technical edits may include, but are not limited to ensuring: • Title is short, descriptive, active; • Title and content are evergreen (e.g. generally, not about specific named piece of legislation, but about principles to be incorporated into any piece of legislation on a given topic); • ‘Whereas clauses’ start with the two permanent clauses about NCAI; • All ‘whereas clauses’ end with a semicolon (“;”) followed by the word “and”, except for the last whereas clause which ends with a period; • ‘Resolved clauses’ contain action(s) to be taken; • All ‘resolved clauses’ end with a semicolon (“;”) followed by the word “and”, except for the last ‘resolve clause’ which ends with a period; • ‘Resolved clauses’ end with the permanent clause about NCAI policy resolutions; and • Copyedits for clarity and consistency. Have technical edits been completed for this resolution? Yes ☒ No ☐ Public Packet 60 of 181 Notes (optional): If there is any explanation needed for any of the technical edits, please include it here. IN-ORDER / OUT-OF-ORDER ANALYSIS If a resolution has a “No” in any column, it is out-of-order. Is the sponsor a member in good standing? Yes ☒ No ☐ Is the resolution “of a general nature to advocate the best interests of all American Indians and Alaska Natives”? ☒ ☐ ☒ ☐ ☒ ☐ (Resolutions not sponsored by a member in good standing are out-oforder.) (The alternative is a resolution that “takes one side between two conflicting tribes”, which are out-of-order.) Is the resolution unique? (The alternative is a resolution that is duplicative of past NCAI Resolutions, which are out-of-order) N/A Resolution Status: ☒ Timely (if “timely” and submitted at Annual Convention, check “N/A”; otherwise, check “Yes” or “No” depending on analysis) ☐ Late (check “Yes” or “No” depending on analysis) If a late resolution or Mid Year resolution or ECWS resolution, is the resolution emergency in nature and national in scope? (If a timely Mid Year resolution or a timely ECWS resolution or any late resolution is not emergency in nature and national in scope, then it is out-of-order.) Notes (optional): Analysis: This resolution is similar to PDX-20-011. ☐ Public Packet 61 of 181 OVERALL RECOMMENDATION Choose one recommendation for the motion. ☐ Resolution is out-of-order because: ☐ resolution sponsor not a member in good standing. ☐ resolution “takes one side between two conflicting tribes”. ☐ resolution is duplicative of a prior resolution (i.e. not unique). ☐ resolution is not emergency in nature. ☐ resolution is not national in scope. ☐ Resolution is in-order but motion should be tabled. Notes (optional): Click or tap here to enter text. ☒ Resolution is in-order and should be considered by the following committee / subcommittee: Committee ☐ Economic, Finance, and Community Development ☐ Human Resources ☐ Land and Natural Resources ☒ Litigation and Governance ☐ Veterans Committee Notes (optional): Subcommittee ☐ Economic Development, Finance, and Employment ☐ Housing ☐ Technology and Telecommunications ☐ Transportation and Infrastructure ☐ Disabilities ☐ Elders ☐ Education ☐ Health ☐ Indian Child and Family Welfare ☐ Energy and Mineral Policy ☐ Environmental Protection and Land Use ☐ Trust Lands, Natural Resources, and Agriculture ☐ Human, Religious, and Cultural Concerns ☒ Jurisdiction and Tribal Government ☐ Public Safety and Justice ☐ Taxation ☐ Tribal Gaming This resolution is also recommended to go before the Alaska caucus delegation to get their input and feedback, and such feedback should be consdered by the Litigation & Governance Committee when determining whether to table the resolution or make any changes to it. Public Packet 62 of 181 NATIONAL CONGRESS OF AMERICAN INDIANS The National Congress of American Indians Resolution #ANC-22-003 Formatted: Indent: Left: 0" E X ECUT IV E CO MMITTE E P RESIDENT Fawn R. Sharp Quinault Indian Nation 1 ST V ICE P RESIDENT Mark Macarro Pechanga Band of Luiseño Indians R ECORDING S ECRETARY Stephen Roe Lewis Gila River Indian Community T REASURER Shannon Holsey Stockbridge-Munsee Band of Mohican Indians REGIONAL VICE P RES IDE NT S ALASKA Mike Williams Akiak Native Community (IRA) E ASTERN O KLAHOMA Norman Hildebrand Wyandotte Nation G REAT P LAINS Harold Frazier Cheyenne River Sioux Tribe M IDWEST Rebecca Crooks-Stratton Shakopee Mdewakanton Sioux Community N ORTHEAST Lance Gumbs Shinnecock Indian Nation N ORTHWEST Leonard Forsman Suquamish Tribe P ACIFIC Jack Potter Redding Rancheria R OCKY MOUNTAIN Mark Pollock Blackfeet Nation S OUTHEAST Reggie Tupponce Upper Mattaponi Indian Tribe S OUTHERN P LAINS Gonzo Flores Apache Tribe of Texas S OUTHWEST Joe Garcia Ohkay Owingeh Pueblo W ESTERN Bernadine Burnette Fort McDowell Yavapai Nation CHIEF EXECUTIVE OFFICER Dante Desiderio Sappony NCAI HEADQUARTERS 1516 P Street, N.W. Washington, DC 20005 202.466.7767 202.466.7797 fax www.ncai.org TitleTITLE: NCAI Supporting the for Closely Monitoring of Legislation Involving Definitions of “Indian Tribes” in Light of Yellen v. Confederated Tribes of the Chehalis Reservation WHEREAS, we, the members of the National Congress of American Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States and the United Nations Declaration on the Rights of Indigenous Peoples, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do hereby establish and submit the following resolution; and WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 and is the oldest and largest national organization of American Indian and Alaska Native tribal governments; and WHEREAS, there are 229 federally -recognized Indian tribes in Alaska; and WHEREAS, these 229 federally -recognized Indian tribes in Alaska exercise inherent sovereign authority with respect to their enrolled citizens and within their reservations and trust lands; and WHEREAS, these 229 federally -recognized Indian tribes in Alaska are the only entities that exercise such sovereign governmental authority on behalf of Alaska Natives; and WHEREAS, as part of the Alaska Native Claims Settlement Act of 1971, Congress required the formation of private corporations, known as Alaska Native Corporations (ANCs), to receive money and hold land as part of Congress’s extinguishment of aboriginal title in Alaska; and WHEREAS, ANCs are not tribal governments and have no governmental authority with respect to any Alaska Native; and WHEREAS, in 1978, Congress enacted the Indian Self-Determination and Education Assistance Act (ISDEAA) to support tribal governments in their provision of governmental services to their citizens; and Public Packet 63 of 181 NCAI 2022 Mid Year Conference Resolution ANC-22-003 WHEREAS, in 2021, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to, amongst other things, provide funding for tribal governments to help support their governmental services in response to the COVID-19 pandemic; and WHEREAS, Congress defined eligible “Tribal governments” in the CARES Act to be the governing authorities of “Indian tribes” as defined in ISDEAA; and WHEREAS, ANCs claimed that they were “Indian tribes” as defined by ISDEAA and, therefore, qualified as Ttribal governments entitled to CARES Act relief; and WHEREAS, the Secretary of the Treasury decided that ANCs met those the ISDEAA definition of “Indian tribe”s and could receive tens of millions of CARES Act funds; and WHEREAS, contrary to arguments made by federally -recognized Indian tribes from Alaska and the lower- 48 states, NCAI, and other national tribal organizations, a divided Supreme Court affirmed the decision of the Secretary of the Treasury in the case of Yellen v. Confederated Tribes of the Chehalis Reservation, et. Als. (Chehalis); and WHEREAS, as a result of the Chehalis decision, ANCs have taken the position that they are entitled to be treated as “Indian tribes” for federal programs that apply the ISDEAA definition of “Indian tribe” and to thereby obtain federal funds and other benefits; and WHEREAS, it is of great concern to federally-recognized Indian tribes in Alaska and elsewhere that Congress not adopt the ISDEAA definition of “Indian tribe” for programs intended to benefit sovereign tribal governments because funds intended for tribal governments could then flow to ANCs and deprive sovereign tribal governments of badly needed federal fundings. NOW THEREFORE BE IT RESOLVED, that the National Congress of American Indians (NCAI) supports any and all efforts to monitor federal legislation intended to benefit federally recognized Indian tribes to ensure Congress does not inadvertently adopt the ISDEAA definition of “Indian tribe” to describe the entities eligible to participate in such programs, but instead, clarify that the entities entitled to participate are limited to federally -recognized Indian tribes; and BE IT FINALLY RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution. 2 of 3 Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Public Packet 64 of 181 NCAI 2022 Mid Year Conference Resolution ANC-22-003 CERTIFICATION The foregoing resolution was adopted by the General Assembly at the Mid Year Conference of the National Congress of American Indians, held in Anchorage, Alaska from June 12-16, 2022 with a quorum present. Fawn Sharp, President ATTEST: Stephen Roe Lewis, Recording Secretary 3 of 3 Public Packet 65 of 181 NATIONAL CONGRESS OF AMERICAN INDIANS The National Congress of American Indians Resolution #ANC-22-003 EXECUTIVE COMMITTEE P RESIDENT Fawn R. Sharp Quinault Indian Nation 1 ST V ICE P RESIDENT Mark Macarro Pechanga Band of Luiseño Indians R ECORDING S ECRETARY Stephen Roe Lewis Gila River Indian Community T REASURER Shannon Holsey Stockbridge-Munsee Band of Mohican Indians R E G I O N AL V I C E PRESIDENTS ALASKA Mike Williams Akiak Native Community (IRA) E ASTERN O KLAHOMA Norman Hildebrand Wyandotte Nation G REAT P LAINS Harold Frazier Cheyenne River Sioux Tribe M IDWEST Rebecca Crooks-Stratton Shakopee Mdewakanton Sioux Community N ORTHEAST Lance Gumbs Shinnecock Indian Nation N ORTHWEST Leonard Forsman Suquamish Tribe P ACIFIC Jack Potter Redding Rancheria R OCKY M OUNTAIN Mark Pollock Blackfeet Nation S OUTHEAST Reggie Tupponce Upper Mattaponi Indian Tribe S OUTHERN P LAINS Gonzo Flores Apache Tribe of Texas S OUTHWEST Joe Garcia Ohkay Owingeh Pueblo W ESTERN Bernadine Burnette Fort McDowell Yavapai Nation CHIEF EXECUTIVE OFFICER Dante Desiderio Sappony NCAI HEADQUARTERS 1516 P Street, N.W. Washington, DC 20005 202.466.7767 202.466.7797 fax www.ncai.org Title: NCAI Support for Closely Monitoring Legislation Involving Definitions of “Indian Tribes” in Light of Yellen v. Confederated Tribes of the Chehalis Reservation WHEREAS, we, the members of the National Congress of American Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States and the United Nations Declaration on the Rights of Indigenous Peoples, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do hereby establish and submit the following resolution; and WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 and is the oldest and largest national organization of American Indian and Alaska Native tribal governments; and WHEREAS, there are 229 federally-recognized Indian tribes in Alaska; and WHEREAS, these 229 federally-recognized Indian tribe in Alaska exercise inherent sovereign authority with respect to their enrolled citizens and within their reservations and trust lands; and WHEREAS, these 229 federally-recognized Indian tribes in Alaska are the only entities that exercise such sovereign governmental authority on behalf of Alaska Natives; and WHEREAS, as part of the Alaska Native Claims Settlement Act of 1971, Congress required the formation of private corporations, known as Alaska Native Corporations (ANCs) to receive money and hold land as part of Congress’s extinguishment of aboriginal title in Alaska; and WHEREAS, ANCs are not tribal governments and have no governmental authority with respect to any Alaska Native; and WHEREAS, in 1978, Congress enacted the Indian Self-Determination and Education Assistance Act (ISDEAA) to support tribal governments in their provision of governmental services to their citizens; and Public Packet 66 of 181 NCAI 2022 Mid Year Conference Resolution ANC-22-003 WHEREAS, in 2021, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to, amongst other things, provide funding for tribal governments to help support their governmental services in response to the COVID-19 pandemic; and WHEREAS, Congress defined eligible “Tribal governments” in the CARES Act to be the governing authorities of “Indian tribes” as defined in ISDEAA; and WHEREAS, ANCs claimed that they were “Indian tribes” as defined by ISDEAA and therefore Tribal governments entitled to CARES Act relief; and WHEREAS, the Secretary of the Treasury decided that ANCs met those definitions and could receive tens of millions of CARES Act funds; and WHEREAS, contrary to arguments made by federally-recognized Indian tribes from Alaska and the lower 48 states, NCAI, and other national tribal organizations, a divided Supreme Court affirmed the decision of the Secretary of the Treasury in the case of Yellen v. Confederated Tribes of the Chehalis Reservation, et. als. (Chehalis); and WHEREAS, as a result of the Chehalis decision, ANCs have taken the position that they are entitled to be treated as “Indian tribes” for federal programs that apply the ISDEAA definition of “Indian tribe” and to thereby obtain federal funds and other benefits; and WHEREAS, it is of great concern to federally-recognized Indian tribes in Alaska and elsewhere that Congress not adopt the ISDEAA definition of “Indian tribe” for programs intended to benefit sovereign tribal governments because funds intended for tribal governments could then flow to ANCs and deprive sovereign tribal governments of badly needed federal funds. NOW THEREFORE BE IT RESOLVED, that the National Congress of American Indians (NCAI) supports any and all efforts to monitor federal legislation intended to benefit federally recognized Indian tribes to ensure Congress not inadvertently adopt the ISDEAA definition of “Indian tribe” to describe the entities eligible to participate in such programs, but instead, clarify that the entities entitled to participate are limited to federally-recognized Indian tribes; and BE IT FINALLY RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution. 2 of 3 Public Packet 67 of 181 NCAI 2022 Mid Year Conference Resolution ANC-22-003 CERTIFICATION The foregoing resolution was adopted by the General Assembly at the Mid Year Conference of the National Congress of American Indians, held in Anchorage, Alaska from June 12-16, 2022 with a quorum present. Fawn Sharp, President ATTEST: Stephen Roe Lewis, Recording Secretary 3 of 3 Public Packet 68 of 181 2022 Mid Year Conference & Marketplace Anchorage, Alaska Public Safety and Justice Subcommittee Agenda Tuesday, June 14, 2022 4:30 p.m. - 6:00 p.m. AKT Subcommittee Co-Chairs: Theresa Sheldon, Tulalip Tribes Paul Downing, Passamaquoddy Tribe of Indian Township, Maine 1. Welcome and Opening Prayer 2. Short Announcements 3. Consideration of Resolutions 4. New Business 5. Adjourn Public Packet 69 of 181 Salmon prepped two ways Akutaq: mix of animal fats/oils, whitefish, berries Muktuk: raw whale skin and blubber Public Packet 70 of 181 Wednesday, June 15 8:30-12:00 8:30 Second General Assembly Room: Eklutna 1 / 2 – Dena’ina Center Call to Order Mark Macarro, 1st Vice President, National Congress of American Indians Invocation Daniel Lupie, Yupik/Native Village of Tuntutuliak 8:40 Native Youth/Cultural Presentation Nate Samuelu, Manager, Boys and Girls Club of Utqiagvik 9:00 NCAI Youth Commission Update Jonathan Arakawa, Co-Vice President, NCAI Youth Commission Yanenowi Logan, Co-Vice President, NCAI Youth Commission 9:15 White House Update PaaWee Rivera, White House Senior Advisor and Director of Tribal Affairs 9:35 Tribally Driven Public Safety: Violence Against Women Act 2022 We will focus on celebrating the win of VAWA 2022 and the priorities of Tribal Nations to implement the law in Indian Country. Moderator: Tami Truett Jerue, Executive Director, Alaska Native Women's Resource Center Speakers: Chairman Peter Yucupicio, Pascua Yaqui Tribe 3rd Vice President Catherine Edwards, Central Council of the Tlingit and Haida Indian Tribes of Alaska 10:00 Mobilizing the Power of Native Vote in 2022 This segment will provide brief updates on voting rights issues in both Alaska and the lower 48 states, including information on Alaska's special election to fill its U.S. House of Representatives seat and on the implementation of the President's Memorandum on Promoting Access to Voting. 10:25 Tribal Leader Discussion 10:45 White House Council on Environmental Quality Update Brenda Mallory, Chair, White House Council on Environmental Quality 11:00 Department of the Interior Update Secretary Deb Haaland, U.S. Department of the Interior virtual 11:10 Tribal Food Subsistence in a Changing Climate This discussion will identify food subsistence priorities for Tribal Nations in the face of climate change, describe how the Biden Administration is prioritizing traditional food practices, and explore how tribal communities can sustain their traditional food practices through self-governance opportunities. Speakers: Patrick DePoe, Vice-Chairman, Makah Tribe Gary Harrison, Traditional Chief and Chairman, Chickaloon Native Village Raina Thiele, Senior Advisor to the Secretary on Alaska Affairs, U.S. Department of the Interior 11:40 Tribal Leader Discussion Public Packet 71 of 181 Thursday, June 16 8:30-12:00 First General Assembly Room: Eklutna 1 / 2 – Dena’ina Center 8:30 Call to Order Stephen Roe Lewis, Recording Secretary, National Congress of American Indians Invocation Chief Michael Williams Sr., Akiak Native Community 9:00 Tribal Supreme Court Project Update John Echohawk, Executive Director, Native American Rights Fund Melody McCoy, Senior Staff Attorney, Native American Rights Fund 9:35 Opioids Multi-District Litigation Update Kevin Washburn, Dean, University of Iowa College of Law 9:50 Tribal Leader Discussion 10:05 NCAI Archival Project Update Suzanne Gould, Archival Specialist, National Congress of American Indians 10:15 Committee Reports Economic, Finance & Community Development Committee Human Resources Committee Litigation & Governance Committee Land & Natural Resources Committee Veterans Committee 11:50 Retire Colors 11:55 Closing Invocation Rob Sanderson, Jr., 2nd Vice President, Central Council Tlingit & Haida Indian Tribes 12:00 Adjourn 2022 Mid Year Conference Public Packet 72 of 181 PQRSÿ345ÿ6789ÿ0100ÿQ T797U7 0100ÿ345ÿ6789ÿ7 4  ÿ    ! ""! ##$ %&&'()ÿ*+,ÿ-..&/0/(1%&ÿ-1,'1'+(ÿ22'21%(3/ ,+),%0ÿ4 5ÿ/&*!/1/,0'(%1'+( +(1,%31'() 1%36ÿ'&&2 7+.1/7 ! ""! ##" -..+,1'()ÿ18/ÿ-&/ÿ'9/,ÿ,':/ÿ/2/,9/7 ;%1/,ÿ')812ÿ/11&/0/(1ÿ),//0/(1 /'&ÿ/6,+( 7+.1/7 ! ""! ##/&&/(ÿ9?ÿ+(*/7/,%1/7 ,':/2ÿ+*ÿ18/ÿ8/8%&'2ÿ/2/,9%1'+(ÿ/1?ÿ%&2 '38%/& ;'&&'%02ÿ, %:&/7 ! ""! ##@ %&&'()ÿ*+,ÿ,)/(1ÿ31'+(ÿ1+ÿ77,/22ÿ18/ %&0+(ÿ,'2'2ÿ%(7ÿ1+ÿ,+9'7/ÿ*+,ÿ-:2'21/(3/ /&'/* '38%/& ;'&&'%02ÿ, 7+.1/7 ! ""! ##A +7/,('B'()ÿ18/ÿC/7/,%&ÿ,%7/,2ÿ'3/(2/ /)-&%1'+(2ÿ%(7ÿ1'&'B'()ÿ/*/(2/ÿ,+7-31'+(D E-6ÿ(7'%(ÿ31Dÿ%(7ÿ-:&'3ÿ%FÿG?@ABC@CDE?ÿ Public Packet 82 of 181 Approve the travel report - Secretary Lisa Liggins - Tribal Constitutions Native Nations Institute Seminar -. Business Committee Agenda Request 1. Meeting Date Requested: 10/12/22 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: CELLIS1 Public Packet 83 of 181 B USINESS C OMMITTEE T RAVEL R EPORT Travel Report for: Travel Event: Lisa Liggins Tribal Constitutions Native Nations Institute Seminar Travel Location: Phoenix, AZ Departure Date: 09/18/2022 Return Date: 09/21/2022 Projected Cost: $2331.50 Actual Cost: $1970.30 Date Travel was Approved by OBC: 08/18/2022 via e-poll Narrative/Background: My goals related to this travel request were:  To get a refresher and the most updated best practices for constitutional changes.  To network and/or gather some important thoughts/approaches and ideas about what is working in Indian Country and what isn’t. A long-term Government Infrastructure need is an understanding of constitutional change and gaining more knowledge and tools in this area is advantageous since we don’t have technical support/experts on staff in this area. The BC Area Manager also be attended with seminar. I was surprised when I saw that Keith Doxtator, Trust Director, was on the agenda. Overall, it’s clear that the approaches we used in the past for constitutional change continue to be the best practices. I enjoyed the Response Activities as it forced the group to talk to one another and prompted other discussion and networking opportunities. In my main group, I met Roman Kihega, Quapaw Constitution Committee. It was interesting to hear how other nations are organized. For example, Mr. Kihega’s tribe is under a governing resolution which essentially has the same effect as a constitution. His colleague was in the BC Area Manger’s group. Also in my main group was Teri Honani, Hopi Tribe/Chairman’s Office, we talked at length about “onboarding of elected officials”. I shared my contact info as well as the BC Area Manager’s to discuss how Oneida built the BC Transition Plan. Page 1 of 2 OBC Approved 03-25-2015 Public Packet Page 2 84 of 181 Business Committee Travel Report We left early on day two to catch our flights home, but there were delays out of Phoenix and we missed our connecting flight out of Chicago. Instead of the cost of a hotel stay as well as there not being any flights from O’Hare to Green Bay until 9:00 p.m. the next day, we received flight credits for that leg of trip and instead did a one-way rental to get home in the early morning on September 21, 2022. Item(s) Requiring Attention: None Requested Action: Approve the travel report from Secretary Lisa Liggins for the Tribal Constitutions Native Nations Institute Seminar in Phoenix, AZ – September 18-21 2022 Page 2 of 2 Public Packet 85 of 181 Public Packet 86 of 181 Public Packet 87 of 181 Oneida Business Committee Travel Request Approve the travel request - Chairman Tehassi Hill - Indian Child Welfare Act Events - Washington, D.C. 1. OBC Meeting Date Requested: 10 / 12 / 22 e-poll requested 2. General Information: Event Name: Indian Child Welfare Act Events Attendee(s): Tehassi Hill Event Location: Washington, DC Departure Date: Nov 8, 2022 Attendee(s): Return Date: Nov 10, 2022 Attendee(s): 3. Budget Information: Funds available in individual travel budget(s) Unbudgeted Cost Estimate: $1,500 Grant Funded or Reimbursed 4. Justification: Describe the justification of this Travel Request: November 9th marks the beginning of oral arguments in the Indian Child Welfare case, Brackeen v. Haaland. The Public Relations firm that the five intervening Tribes have hired and the National Indian Child Welfare Association, has plans to host a rally and press conference on November 9th. The evening before, tribal leaders will also gather to review their roles/responsibilities for the events planned. Requested Action: Approve travel request - Chairman Hill - Indian Child Welfare Act Events - Washington, DC, November 8-10, 2022 5. Submission Sponsor: Tehassi Hill, Chairman 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 Form approved by OBC on 03/25/2015 Public Packet 88 of 181 Danelle A. Wilson Subject: RE: 11/9 Gathering at the US Supreme Court From: Sarah Kastelic Sent: Thursday, October 6, 2022 6:36:06 PM To: Tehassi Tasi Hill Cc: Melinda J. Danforth Subject: 11/9 Gathering at the US Supreme Court Hello Chairman Hill, On behalf of President Gil Vigil and the NICWA board of directors, I am reaching out to invite you to activities that NICWA is planning on the day of Brackeen oral arguments at the US Supreme Court. On 11/9, we are planning a gathering for Indian Country and other ICWA supporters on the steps of the US Supreme Court. NICWA’s spiritual advisor, Leech Lake chief judge Paul Day, will offer a prayer, and if we get clearance from security/law enforcement, will smoke NICWA’s pipe. We are talking with a drum group about offering some songs and are exploring whether a youth dance group is available to dance. We are not planning for any amplification of sound, lights, or cameras. There may be media there who want to film footage, and if they choose to do so, that is fine with us. Our goal is to provide a respectful, prayerful, family‐friendly gathering of ICWA supporters while the oral arguments are heard. Rather than a political event, this is a spiritual, family‐oriented event, a positive expression of support for ICWA. Importantly, this is similar to what we have done in the past. We held a prayer ceremony at the Supreme Court during oral arguments in Adoptive Couple v. Baby Girl and invited tribal communities across the country to participate in a day of prayer in their own communities. In part because Indian Country is expecting us to provide a constructive, positive way to express support for ICWA, we’ve been receiving dozens of calls and emails about both what we will do in Washington, DC as well as how tribal communities can stand in solidarity through prayer and local activities on that day. President Vigil and I would be very happy if you are able to join us in Washington, DC. Should you have any questions, please don’t hesitate to reach out. Respectfully, Sarah Sarah L. Kastelic, PhD, MSW (Alutiiq) Executive Director National Indian Child Welfare Association 5100 S Macadam Ave., Ste. 300 | Portland, OR 97239 P (503) 222‐4044, ext. 128 | F (503) 222‐4007 E skastelic@nicwa.org www.nicwa.org | Like us on Facebook Support our work today | Become a member! 1 Public Packet 89 of 181 HRD follow up from September 28, 2022, regular Oneida Business Committee meeting and directives for. Business Committee Agenda Request 1. Meeting Date Requested: 10/12/22 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☐ Accept as information; OR Defer the Executive HR Director follow up from September 28, 2022, Oneida Business Committee meeting to the October 26, 2022, Oneida Business Committee meeting 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☐ Other: Describe ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 90 of 181 6. 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 7. Budget Information: ☐ Budgeted – Tribal Contribution ☐ Unbudgeted ☐ Other: Describe ☐ Budgeted – Grant Funded ☐ Not Applicable 8. Submission: Authorized Sponsor: Todd Vandenheuvel, Executive HR Director Primary Requestor: Name, Title/Entity Revised: 11/15/2021 Page 2 of 2 Public Packet 91 of 181 Todd VanDen Heuvel, Executive HR Director P.O. Box 365 Oneida, WI 54155 920-496-7358 October 5, 2022 To: Oneida Business Committee Re: HRD Follow up from 9/28 OBC meeting and directives for FY23 budget As a follow up to the September 28, 2022, OBC meeting as well as directives sent out to all Directors, Managers and Supervisors dated, October 4, 2022 regarding next steps for the Fiscal year 2023 Budget, the following was outlined as a task for HR to bring forward: “Motion to direct that the COVID-19 time-off funding be reduced to $400,000 in the FY2023 budget; to direct the Executive Director of Human Resources Department to bring a resolution to the next Oneida Business Committee meeting to authorize the paid work time for FY-2023, update the COVID-19 Paid-Time Off SOP and/or resolution, and to track its use in FY-2023; and apply the COVID-19 time off funding to grant funded positions which do not allow a paid work time expense.” As HRD diligently worked through these items attached to the motion, additional clarification is needed surrounding some of the fiscal items related to the applicability of grant funded positions. Further discussions are necessary with the Finance staff as it relates to how to procedurally manage this. Given the deadline requirements for the OBC agenda, HRD is requesting that the drafted resolution be presented to OBC at the October 26th meeting. This will allow the necessary time needed to properly coordinate the necessary follow up items within the directives and motion. HRD will bring forward further updates at the 10/18 OBC Work Session with the intent to have the required resolution, SOP and additional follow up brought to the 10/26 meeting. Yaw^ko 909 Packerland Drive . Green Bay, WI 54303 oneida-nsn.gov Public Packet 92 of 181 Review the Surveillance (Chapter 15) Oneida Gaming Minimum Internal Control Standards and determine Business Committee Agenda Request 1. Meeting Date Requested: 10/12/22 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☒ Accept as information; OR Enter the requested motion related to this item. 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☒ Gaming/Retail ☐ Other: Describe ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 93 of 181 6. Supporting Documents: ☐ Bylaws ☐ Fiscal Impact Statement ☐ Contract Document(s) ☐ Law ☒ Correspondence ☐ Legal Review ☐ Draft GTC Notice ☐ Minutes ☐ Draft GTC Packet ☐ MOU/MOA ☐ E-poll results/back-up ☐ Petition ☒ Other: OGMICS Chapter 15-Surveillance ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 7. Budget Information: ☐ Budgeted – Tribal Contribution ☐ Unbudgeted ☐ Other: Describe ☐ Budgeted – Grant Funded ☒ Not Applicable 8. Submission: Authorized Sponsor: Mark Powless, OGC - Chairman Primary Requestor: Ivory Kelly, OGC-Regulatory Compliance Manager Revised: 11/15/2021 Page 2 of 2 Public Packet 94 of 181 Oneida Business Committee Agenda Request Cover Memo: Describe the purpose, background/history, and action requested: Correction was made to OGMICS Chapter 15-Surveillance. September 06, 2022 the Oneida Gaming Commission accepted correction made to OGMICS Chapter 15Surveillance. Section (6)(iii) "exchange and transfer system constitute" was added to regulation for clarity after oversight was identified. The OGC has prepared this document to set forth the Nation's tribal minimum internal controls that will guide gaming operations and assist internal audit to ensure and maintain the integrity and security of gaming operations. Action Requested: Accept the correction to OGMICS Chapter 15-Surveillance with no requested revisions. ***Please Note (OBC ACTION OPTIONS)*** Per the Chief Counsel memo dated February 27, 2018, regarding appropriate OBC action for Rules of Play Revisions, the motion for this request would be as follows: "Accept the notice of OGMICS Chapter 15-Surveillance approved by the OGC on September 06, 2022, and... (a) Directs notice to the Gaming Commission there are no requested revisions under Section 501.6-14(d); (b) Directs notice to the Gaming Commission that the Oneida Business Committee will be recommending amendments to OGMICS Chapter 15-Surveillance in accordance with sections 510.6-14(d)(3)(C); or (c) Directs notice to the Gaming Commission that the Oneida Business Committee repeals OGMICS Chapter 15-Surveillance in accordance with section 501.6-14(d)(3)(A) and subsections (i). Public Packet From: To: Cc: Subject: Date: Attachments: 95 of 181 Ivory S. Kelly GamingCommission_Compliance Michelle M. Braaten; Paula M. Rippl NOTIFICATION: OGMICS Chapter 15 Surveillance Monday, September 12, 2022 3:04:00 PM Chapter 15 Surveillance.pdf DATE: 09/06/22 FROM: Mark Powless Sr. SUBJECT: OGMICS Chapter 15 Surveillance Good Afternoon, The Gaming Commission has reviewed the following item(s) and is approved. This will be placed on the next Regular OGC Meeting agenda for retro approval. 1. OGMICS Chapter 15 Surveillance If you have any further questions please feel free to contact the OGC Chair Mark Powless Sr. via email mpowles5@oneidanation.org or at 497-5850. Thank you. Ivory Kelly Compliance Manager Oneida Gaming Commission 920-496-5668 Ikelly@oneidanation.org " Public Packet 96 of 181 =OOODOO ONEIDA Oneida Gaming Minimum Internal Control Standards/Rules of Play OGMICS: Chapter 15-Surveillance Gaming Management Review Per ONGO 21.6-14. (d), the OGC is to draft and approve the OGMICS, subject to review and adoption by the OBC, provided that Gaming Operations has the opportunity to review and comment prior to OGC approval. Gaming Operations comments are to be included in submissions to the OBC. GAMING OPERATIONS MANAGEMENT Reviewed and Input Provided By: Name and Title AGM Si nature Date c::J-::J__}_ 33;i �- I (J-- ,;;_ ;;i._ Director/Manager Gaming Compliance �� f7 � «- L l '2..:Z..C, of/tte/22 '8/ ,f fl/2·2_ Public Packet 97 of 181 Public Packet 98 of 181 Chapter: 15 Surveillance (a) (b) (c) (d) (e) (f) Table of Contents Supervision Surveillance Equipment and Control Room(s) Additional Surveillance Requirements Reporting Requirements Recording Retention Logs All employees and associates are required to adhere to the controls in this section, all other sections, and regulatory documents. Regulatory Credentials Legend: NIGC MICS: Black Font OGC Additions: Bold Blue Font Approved by OGC: 09/06/2022 Public Packet (a) Supervision (1) Supervision shall be provided for surveillance operations by an employee with authority equal to or greater than those being supervised. (b) Surveillance Equipment and Control Room(s) (1) Controls shall be established, and procedures implemented that include the following: (i) For Tier A, the surveillance system shall be maintained and operated from a secured location, such as a locked cabinet. For Tiers B and C, the surveillance system shall be maintained and operated from a staffed surveillance operation room(s). (ii) A complete index and guide to the casino cameras, monitors and controls must be readily available in the surveillance room. This guide must include, but not be limited to, a map of the camera locations, how to call up each camera and the number of each camera. (iii) The surveillance operation room(s) must be secured to prevent unauthorized entry. (iv) Access to the surveillance operation room(s) must be limited to surveillance officers and other authorized persons. (v) Surveillance operation room(s) access logs shall be maintained. (vi) Surveillance operation room equipment shall have total override capability over all other satellite surveillance equipment. (vii) Power loss to the surveillance system: (A) For Tier A, in the event of power loss to the surveillance system, alternative security procedures, such as additional supervisory or security employees, shall be implemented immediately. (B) For Tier B and C, in the event of power loss to the surveillance system, an auxiliary of backup power source shall be available and capable of providing immediate restoration of power to the surveillance system to ensure that surveillance system officers can observe all areas covered by dedicated cameras. (vii) The surveillance system shall record an accurate date and time stamp on recorded events. The displayed date and time shall not significantly obstruct the recorded view. (viii) All surveillance officers shall be trained in the use of the equipment, games, and house rules. (A) At a minimum, all Surveillance Officers are required to receive annual training for areas of observation pertinent to their facility. In addition, Surveillance Officers will be trained promptly regarding new system equipment, new types of gaming where surveillance is provided. Training records must be maintained by the Surveillance Department identifying the following. 1. Name of the individual officer(s) receiving training; 2. Dates of training; Approved by OGC: 09/06/2022 99 of 181 Public Packet 100 of 181 (ix) (x) (xi) 3. Description and type of training; and 4. Name of the training official. Each camera required by the standards in this section shall be installed in a manner that will prevent it from being readily obstructed, tampered with, or disabled. The surveillance system shall: (A) Have the capability to display all camera views on a monitor; (B) Include sufficient numbers of recording devices to record the views of all cameras required by this section; (C) Record all camera views; and (D) For Tier B and C only, include sufficient numbers of monitors to simultaneously display gaming and count room activities. A periodic inspection of the surveillance systems shall be conducted. When a malfunction of the surveillance system is discovered, the malfunction and necessary repairs shall be documented, and repairs initiated within seventy-two (72) hours. (A) If a dedicated camera malfunctions, alternative security procedures, such as additional supervisory or security officers, shall be implemented immediately. (B) The OGC shall be notified of any surveillance system and/or camera(s) that have malfunctioned for more than twenty-four (24) hours and the alternative security measures being implemented. (c) Additional Surveillance Requirements (1) With regard to the following functions, controls shall also include: (i) Surveillance of the progressive prize meters for gaming systems at the following thresholds: (A) Wide area progressives with a reset amount of $1 million; and (B) In-house progressive with a reset amount of $250,000. (2) Gaming Machines: (i) Except as otherwise provided in paragraphs (c) (1) of this section, gaming machines offering a payout of more than $250,000 shall be monitored and recorded by a dedicated camera(s) to provide coverage of: (A) All customers and employees at the gaming machine, and (B) The face of the gaming machine, with sufficient clarity to identify the payout line(s) of the gaming machine. (3) Pari-Mutuel: (i) Monitor and record general activities in the pari-mutuel area, to include the ticket writer and cashier areas, with sufficient clarity to identify the employees performing the different functions. (ii) The surveillance system shall monitor and record a general overview of activities occurring in each cage and vault area with sufficient clarity to identify individuals Approved by OGC: 09/06/2022 Public Packet (4) (5) (6) (7) 101 of 181 within the cage and customers and staff members at the counter areas and to confirm the amount of each cash transaction; Table Games: (i) For table games and table game tournaments, a dedicated camera(s) with sufficient clarity shall be used to provide: (A) An overview of the activities on each table surface, including card faces and cash and/or cash equivalents; and (B) An overview of table game activities, including customers and dealers. (ii) Craps: (A) All craps tables shall have two (2) dedicated cross view cameras covering both ends of the table. (iii) Roulette: (A) All roulette areas shall have one (1) overhead dedicated camera covering the roulette wheel and shall also have one (1) dedicated camera covering the play of the table. Bingo: (i) The surveillance system shall possess the capability to monitor the bingo ball drawing device or random number generator, which shall be recorded during the course of the draw by a dedicated camera with sufficient clarity to identify the balls drawn or numbers selected. (ii) The surveillance system shall monitor and record the game board and the activities of the employees responsible for drawing, calling and entering the balls drawn or numbers selected. Cage and Vault: (i) The surveillance system shall monitor and record a general overview of activities occurring in each cage and vault area with sufficient clarity to identify individuals within the cage and customers and staff members at the counter areas and to confirm the amount of each cash transaction; (ii) Each cashier station shall be equipped with one (1) dedicated overhead camera covering the transaction area; (iii) The cage or vault area in which exchange and transfer transactions occur shall be monitored and recorded by a dedicated camera or motion activated dedicated camera that provides coverage with sufficient clarity to identify the chip values and the amounts on the exchange and transfer documentation. Controls provided by a computerized exchange and transfer system constitute an adequate alternative to viewing the amounts on the exchange and transfer documentation. (iv) Cameras in the cage should provide views of the door entering the cage, the cage area, the cashier area and the customer filing area. Diagonally opposed cameras with wide angle lenses must be positioned so that areas of the room to the full height of the employees are within camera view. (v) Internal hallways to and from the count, vault and cage rooms must have surveillance viewing the approach. (vi) Each vault shall have a stationary camera on each work station. (vii) Two stationary cross views shall be used covering the vault, preventing blind spots. (viii) Each cage and vault, room must have at least one PTZ camera. Count rooms: Approved by OGC: 09/06/2022 Public Packet 102 of 181 (i) The surveillance system shall monitor and record with sufficient clarity a general overview of all areas where cash or cash equivalents may be stored or counted; and (ii) The surveillance system shall provide coverage of count equipment with sufficient clarity to view any attempted manipulation of the recorded data. (iii) Each count room must have at least one PTZ camera. (8) Kiosks: (i) The surveillance system shall monitor and record a general overview of activities occurring at each kiosk with sufficient clarity to identify the activity and the individuals performing it, including maintenance, drops or fills, and redemption of wagering vouchers or credits. (9) Card games: (i) For card games and tournaments, a dedicated camera(s) with sufficient clarity must be used to provide: (A) An overview of the activities on each card table surface, including card faces and cash and/or cash equivalents; (B) An overview of card game activities, including customers and dealers; and (C) An unobstructed view of all posted progressive pool amounts (i.e., bad beat). (ii) For card game tournaments, a dedicated camera(s) must be used to provide an overview of tournament activities, and any area where cash or cash equivalents are exchanged. (10) Progressive Card Games: (i) Progressive card games with a progressive jackpot of $25,000 or more shall be monitored and recorded by dedicated cameras that provide coverage of: (A) The table surface, sufficient that the card values and card suits can be clearly identified; (B) An overall view of the entire table with sufficient clarity to identify customers and dealer; and (C) A view of the posted jackpot amount. (d) Reporting Requirements (1) OGC approved procedures shall be implemented for reporting suspected crimes and suspicious activity. (e) Recording Retention (1) Controls shall be established, and procedures implemented that include the following: (i) All recordings required by this section shall be retained for a minimum of seven days; and (ii) Suspected crimes, suspicious activity, or detentions by security officers discovered within the initial retention period shall be copied and retained for a time period, not less than one year. (f) Logs (1) Logs shall be maintained and demonstrate the following: (i) Compliance with storage, identification, and retention standards required in this section; Approved by OGC: 09/06/2022 Public Packet 103 of 181 (ii) (iii) Each malfunction and repair of the surveillance system as defined in this section; and Activities performed by surveillance officer as required by the controls in this section. Approved by OGC: 09/06/2022 Public Packet 104 of 181 Review the Craps Rules of Play and determine next steps Business Committee Agenda Request 1. Meeting Date Requested: 10/12/22 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☒ Accept as information; OR Enter the requested motion related to this item. 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☒ Gaming/Retail ☐ Other: Describe ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 105 of 181 6. Supporting Documents: ☐ Bylaws ☐ Fiscal Impact Statement ☐ Contract Document(s) ☐ Law ☒ Correspondence ☐ Legal Review ☐ Draft GTC Notice ☐ Minutes ☐ Draft GTC Packet ☐ MOU/MOA ☐ E-poll results/back-up ☐ Petition ☒ Other: Craps Rules of Play ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 7. Budget Information: ☐ Budgeted – Tribal Contribution ☐ Unbudgeted ☐ Other: Describe ☐ Budgeted – Grant Funded ☒ Not Applicable 8. Submission: Authorized Sponsor: Mark Powless, OGC - Chairman Primary Requestor: Ivory Kelly, OGC-Regulatory Compliance Manager Revised: 11/15/2021 Page 2 of 2 Public Packet 106 of 181 Oneida Business Committee Agenda Request Cover Memo: Describe the purpose, background/history, and action requested: Gaming Management requested revisions to Craps Rules of Play: September 22, 2022 the Oneida Gaming Commission accepted the proposed revisions. The OGC has prepared this document to set forth the Nation's tribal minimum internal controls that will guide gaming operations and assist internal audit to ensure and maintain the integrity and security of gaming operations. Action Requested: Accept the revisions to Craps Rules of Play with no requested revisions. ***Please Note (OBC ACTION OPTIONS)*** Per the Chief Counsel memo dated February 27, 2018, regarding appropriate OBC action for Rules of Play Revisions, the motion for this request would be as follows: "Accept the notice of the Craps Rules of Play approved by the OGC on September 22, 2022, and... (a) Directs notice to the Gaming Commission there are no requested revisions under Section 501.6-14(d); (b) Directs notice to the Gaming Commission that the Oneida Business Committee will be recommending amendments to the Craps Rules of Play in accordance with sections 510.6-14(d)(3)(C); or (c) Directs notice to the Gaming Commission that the Oneida Business Committee repeals the Craps Rules of Play in accordance with section 501.6-14(d)(3)(A) and subsections (i). Public Packet 107 of 181 Request for Rule of Play Revision CRAPS To: TABLE GAMES Oneida Gaming Commission Oneida Gaming Commission Compliance From: Lambert Metoxen, Table Games Director Fawne Teller, Assistant Gaming Manager - Profits c/o Oneida Gaming Compliance Date: September 08, 2022 Table Games Management, with the approval of Gaming Senior Management, respectfully requests a revision to the Craps Rules of Play. The purpose of the revision is to differentiate a full-size craps table from a single dealer craps table, also known as “tubs”. The difference between a Single Dealer Craps table and a full size craps table is a Single Dealer Craps table is smaller in size, does not utilize a box person, and the “stick person” duties are incorporated into the overall dealer duties. All other game play remains the same. The table description is added to the Equipment Subsection (Subsection B.1) as follows: a. Gaming Management may authorize a single dealer table, also called a “tub,” to be offered if said single dealer procedures are documented and approved in a standard operating procedure approved by the Oneida Gaming Commission. The term “Single Dealer,” is also added to Subsection B.3, 4, and 5 to create space for the ability to use this form of craps in the Rules of Play. Table Games Management and Gaming Compliance will be creating SOPs specifically for Single Dealer Craps procedures and work standards, then will be sending them over for approval prior to implementation. We respectively request your consideration to adopt these changes and thank you for time and attention in this matter. Thank you, Table Games Management Gaming Senior Management and Gaming Compliance CC: Louise Cornelius, GM Lorna Skenandore, AGM Chad Fuss, AGM/CFO Fawne Rasmussen, AGM Brenda Buckly, AGM Derrick King, Gaming Compliance Manager Public Packet From: To: Cc: Subject: Date: Attachments: 108 of 181 Paula M. Rippl Brenda J. Mendolla-Buckley; Chad M. Fuss; Derrick R. King; Fawn L. Cottrell; Fawne M. Rasmussen; Kateri N. Wheelock; Lambert M. Metoxen; Lorna G. Skenandore; Louise C. Cornelius Jonas G. Hill; Mark A. Powless SR; Michelle M. Braaten; Reynold T. Danforth; Ivory S. Kelly; Shoshana P. King; Tracy J. Metoxen NOTIFICATION Craps Rules of Play Revision Thursday, September 22, 2022 3:02:02 PM FW Craps Rules of Play Revision Request .msg DATE: 9/22/2022 FROM: Mark Powless Sr. SUBJECT: Craps Rules of Play Revision The Gaming Commission has reviewed the following item(s) and is approved. This will be placed on the next Regular OGC Meeting agenda for retro approval. 1. Craps Rules of Play Revision If you have any furt [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%3Abb4f34b8091d6706. Public record. Not legal advice.