Oneida Business Committee (2022)
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Public Packet
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Oneida Business Committee
Executive Session
8:30 AM Tuesday, November 29, 2022
Virtual Meeting – Microsoft Teams
Regular Meeting
8:30 AM Wednesday, November 30, 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
III.
ADOPT THE AGENDA
IV.
OATH OF OFFICE
V.
A.
Oneida Election Board - Patricia Moore
Sponsor: Lisa Liggins, Secretary
B.
Oneida Nation Arts Board - Christine Klimmek
Sponsor: Lisa Liggins, Secretary
C.
Youth Leadership Institute Board - Margaret Ellis
Sponsor: Lisa Liggins, Secretary
MINUTES
A.
Approve the October 26, 2022, regular Business Committee meeting minutes
Sponsor: Lisa Liggins, Secretary
B.
Approve the November 14, 2022, emergency Business Committee meeting minutes
Sponsor: Lisa Liggins, Secretary
Oneida Business Committee
Regular Meeting Agenda
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November 30, 2022
Public Packet
VI.
VII.
VIII.
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RESOLUTIONS
A.
Adopt resolution entitled Adoption of the Oneida Nation Assistance Fund Law
Sponsor: David P. Jordan, Councilman
B.
Adopt resolution entitled Older Americans Act, Title VI 2023-2026 Grant Program
Application
Sponsor: Mark W. Powless, General Manager
C.
Enter the e-poll results into the record regarding the adopted BC resolution 10-2122-A Process to Authorize Use of Carry Over Funds
Sponsor: Lisa Liggins, Secretary
D.
Enter the e-poll results into the record regarding the adopted BC resolution 10-2622-H Extension of Declaration of Public Health State of Emergency Until January 18,
2023
Sponsor: Lisa Liggins, Secretary
E.
Enter the e-poll results into the record regarding the adopted BC resolution 11-0722-A Extension of the Emergency Amendments to the Oneida Personnel Policies
and Procedures
Sponsor: Lisa Liggins, Secretary
APPOINTMENTS
A.
Determine next steps regarding one (1) vacancy - Oneida Land Claims Commission
Sponsor: Lisa Liggins, Secretary
B.
Determine next steps regarding one (1) vacancy - Oneida Nation Commission on
Aging
Sponsor: Lisa Liggins, Secretary
STANDING COMMITTEES
A.
LEGISLATIVE OPERATING COMMITTEE
1.
IX.
Accept the October 19, 2022, regular Legislative Operating Committee
meeting minutes
Sponsor: David P. Jordan, Councilman
STANDING ITEMS
A.
ARPA FRF Updates and Requests/Proposals (none)
Oneida Business Committee
Regular Meeting Agenda
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November 30, 2022
Public Packet
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TRAVEL REPORTS
A.
XI.
XII.
Approve the travel report - Councilwoman Jennifer Webster - Administration for
Children & Families Tribal Advisory Committee - Sequim, WA - October 11-14, 2022
Sponsor: Jennifer Webster, Councilwoman
NEW BUSINESS
A.
Accept the Land Acquisitions Naming report update
Sponsor: Mark W. Powless, General Manager
B.
Approve the Bureau of Indian Affairs, Midwest and Oneida Nation, WI Wildland Fire
Management Non-recurring Funds cooperative agreement - file # 2022-0144
Sponsor: Mark W. Powless, General Manager
C.
Review the Repatriation of Oneida Nobert Hill Center Project request and determine
next steps
Sponsor: Kirby Metoxen, Councilman
D.
Enter the e-poll results into the record regarding the approved exception to
resolution # BC-01-12-22-A to reschedule the November 22, 2022, executive session
and November 23, 2022, regular BC meeting to November 29 & 30, 2022
Sponsor: Lisa Liggins, Secretary
REPORTS
A.
B.
OPERATIONAL (10:00 a.m.)
1.
Accept the Emergency Management Department FY-2022 4th quarter report
Sponsor: Kaylynn Gresham, Director/Emergency Management
2.
Accept the Tribal Action Plan FY-2022 4th quarter report memorandum
Sponsor: Lisa Liggins, Secretary
APPOINTED BOARDS, COMMITTEES, COMMISSIONS (10:00 a.m.)
1.
Accept the Anna John Resident Centered Care Center Board FY-2022 4th
quarter report
Sponsor: Lisa Liggins, Secretary
2.
Accept the Environmental Resources Board FY-2022 4th quarter report
memorandum
Sponsor: Lisa Liggins, Secretary
3.
Accept the Oneida Community Library Board FY-2022 4th quarter report
memorandum
Sponsor: Lisa Liggins, Secretary
4.
Oneida Nation Arts Board FY-2022 4th quarter report (not submitted)
Sponsor: Kelli Strickland, Chair/Oneida Nation Arts Board
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C.
D.
5.
Accept the Oneida Nation Veteran Affairs Committee FY-2022 4th quarter
report
Sponsor: Gerald Cornelius, Chair/Oneida Nation Veteran Affairs Committee
6.
Accept the Oneida Personnel Commission FY-2022 4th quarter report
memorandum
Sponsor: Lisa Liggins, Secretary
7.
Accept the Oneida Police Commission FY-2022 4th quarter report
Sponsor: Richard Van Boxtel, Chair/Oneida Police Commission
8.
Accept the Pardon and Forgiveness Screening Committee FY-2022 4th
quarter report
Sponsor: Eric Boulanger, Chair/Pardon and Forgiveness Screening Committee
9.
Accept the Southeastern Wisconsin Oneida Tribal Services Advisory Board
FY-2022 4th quarter report
Sponsor: Diane S. Hill, Chair/Southeastern Wisconsin Oneida Tribal Services
Advisory Board
ELECTED BOARDS, COMMITTEES, COMMISSIONS (10:30 a.m.)
1.
Accept the Oneida Election Board FY-2022 4th quarter report
Sponsor: Lisa Liggins, Secretary
2.
Accept the Oneida Gaming Commission FY-2022 4th quarter report
Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission
3.
Accept the Oneida Land Claims Commission FY-2022 4th quarter report
Sponsor: Chris Cornelius, Chair/Oneida Land Claims Commission
4.
Accept the Oneida Land Commission FY-2022 4th quarter report
Sponsor: Rebecca Webster, Chair/Oneida Land Commission
5.
Accept the Oneida Nation Commission on Aging FY-2022 4th quarter report
Sponsor: Lisa Liggins, Secretary
6.
Accept the Oneida Nation School Board FY-2022 4th quarter report
Sponsor: Sacheen Lawrence, Chair/Oneida Nation School Board
7.
Accept the Oneida Trust Enrollment Committee FY-2022 4th quarter report
Sponsor: Lisa Liggins, Secretary
CORPORATE BOARDS (11:30 a.m.)
1.
Accept the Bay Bancorporation Inc. FY-2022 4th quarter report
Sponsor: Jeff Bowman, President/Bay Bank
2.
Accept the Oneida Airport Hotel Corporation FY-2022 4th quarter report
Sponsor: Kathy Hughes, Chair/Oneida Airport Hotel Corporation
3.
Accept the Oneida ESC Group, LLC FY-2022 4th quarter report
Sponsor: John Breuninger, Chair/Oneida ESC Group Board of Managers
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4.
E.
F.
STANDING COMMITTEES
1.
Accept the Community Development Planning Committee FY-2022 4th quarter
report
Sponsor: Brandon Stevens, Vice-Chairman
2.
Accept the Finance Committee FY-2022 4th quarter report
Sponsor: Larry Barton, Chief Financial Officer
3.
Accept the Legislative Operating Committee FY-2022 4th quarter report
Sponsor: David P. Jordan, Councilman
4.
Accept the Quality of Life FY-2022 4th quarter report
Sponsor: Marie Cornelius, Councilwoman
OTHER
1.
XIII.
XIV.
Accept the Oneida Golf Enterprise FY-2022 4th quarter report
Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise
Oneida Youth Leadership Institute FY-2022 4th quarter report (not submitted)
Sponsor: Mark W. Powless, General Manager
GENERAL TRIBAL COUNCIL
A.
Approve notice and materials for January 30, 2023, tentatively scheduled annual
General Tribal Council meeting
Sponsor: Lisa Liggins, Secretary
B.
Approve three (3) requested actions - Petitioner Mae Cornelius re: Chief Financial
Officer position
Sponsor: Lisa Liggins, Secretary
C.
Approve three (3) requested actions - Petitioner Nancy Barton re: $2,500 GWA
payment for three (3) years
Sponsor: Lisa Liggins, Secretary
D.
Schedule a special General Tribal Council meeting to address the Dallas, Elm, and
Debraska petitions and approve the meeting materials and notice
Sponsor: Lisa Liggins, Secretary
EXECUTIVE SESSION
A.
REPORTS
1.
Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
2.
Accept the General Manager report (11:00 a.m.)
Sponsor: Mark W. Powless, General Manager
Oneida Business Committee
Regular Meeting Agenda
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B.
3.
Accept the Intergovernmental Affairs, Communications, and Self-Governance
November 2022 report
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
4.
Accept the Gaming General Manager FY-2022 4th quarter report (8:30 a.m.)
Sponsor: Louise Cornelius, Gaming General Manager
5.
Accept the Human Resources FY-2022 4th quarter report (9:30 a.m.)
Sponsor: Todd VanDen Heuvel, Executive HR Director
6.
Accept the Retail Enterprise FY-2022 4th quarter report (9:00 a.m.)
Sponsor: Debra Powless, Retail General Manager
7.
Accept the Treasurer's September 2022 report (11:30 a.m.)
Sponsor: Larry Barton, Chief Financial Officer
8.
Accept the Treasurer's October 2022 report (11:30 a.m.)
Sponsor: Larry Barton, Chief Financial Officer
9.
Accept the Bay Bancorporation Inc. FY-2022 4th quarter executive report
(1:30 p.m.)
Sponsor: Jeff Bowman, President/Bay Bank
10.
Accept the Oneida Airport Hotel Corporation FY-2022 4th quarter executive
report (2:30 p.m.)
Sponsor: Kathy Hughes, Chair/Oneida Airport Hotel Corporation
11.
Accept the Oneida ESC Group, LLC FY-2022 4th quarter executive report
(2:00 p.m.)
Sponsor: John Breuninger, Chair/Oneida ESC Group Board of Managers
12.
Accept the Oneida Golf Enterprise FY-2022 4th quarter executive report
(3:00 p.m.)
Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise
AUDIT COMMITTEE
1.
Accept the Audit Committee FY-2022 4th quarter report
Sponsor: David P. Jordan, Councilman
2.
Accept the September 15, 2022, regular Audit Committee meeting minutes
Sponsor: David P. Jordan, Councilman
3.
Accept the Information Technology compliance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
4.
Accept the Surveillance compliance audit and lift the confidentiality
requirement
Sponsor: David P. Jordan, Councilman
Oneida Business Committee
Regular Meeting Agenda
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C.
XV.
NEW BUSINESS
1.
Approve (1) new enrollment
Sponsor: Jennifer Hill-Kelley, Chair/Oneida Trust Enrollment Committee
2.
Approve contract - The Retirement Advantage Inc. - file # 2022-0896
Sponsor: Larry Barton, Chief Financial Officer
3.
Review Oneida Public Safety Pension Board wage analysis and determine
next steps (10:00 a.m.)
Sponsor: Nathan Ness, Chair/Oneida Public Safety Pension Board
4.
Review Pool Tournament market analysis and determine next steps
(8:30 a.m.)
Sponsor: Louise Cornelius, Gaming General Manager
5.
Review applications for one (1) vacancy - Oneida Land Claims Commission
Sponsor: Lisa Liggins, Secretary
6.
Review applications for one (1) vacancy - Oneida Nation Commission on
Aging
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
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November 30, 2022
Public Packet
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Oneida Election Board - Patricia Moore
Business Committee Agenda Request
1. Meeting Date Requested:
11/30/22
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:
Shannon Davis, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
SDAVIS
Public Packet
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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:
November 15, 2022
RE:
Oath of Office – Oneida Election Board
Background
On October 26, 2022, the Oneida Business Committee appointed Patricia Moore to the
Oneida Election Board.
A good mind. A good heart. A strong fire.
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Oneida Nation Arts Board - Christine Klimmek
Business Committee Agenda Request
1. Meeting Date Requested:
11/30/22
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:
Shannon Davis, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
SDAVIS
Public Packet
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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:
November 15, 2022
RE:
Oath of Office – Oneida Nations Arts Board
Background
On October 26, 2022, the Oneida Business Committee appointed Christine Klimmek to the
Oneida Nations Arts Board.
A good mind. A good heart. A strong fire.
Public Packet
12 of 313
Youth Leadership Institute Board - Margaret Ellis
Business Committee Agenda Request
1. Meeting Date Requested:
11/30/22
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:
Shannon Davis, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
SDAVIS
Public Packet
13 of 313
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:
November 15, 2022
RE:
Oath of Office – Youth Leadership Institute Board
Background
On October 26, 2022, the Youth Leadership Institute Board appointed Margaret Ellis to the
Youth Leadership Institute Board.
A good mind. A good heart. A strong fire.
Public Packet
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Approve the October 26, 2022, regular Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
11/30/22
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
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DRAFT
Oneida Business Committee
Executive Session
1:30 PM Tuesday, October 25, 2022
Virtual Meeting – Microsoft Teams1
Regular Meeting
8:30 AM Wednesday, October 26, 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, Jennifer Webster;
Not Present: Treasurer Tina Danforth, Secretary Lisa Liggins, Councilwoman Marie Cornelius,
Councilman Kirby Metoxen;
Arrived at: n/a
Others present: Jo Anne House, Larry Barton, Melinda J. Danforth, Mark W. Powless, Danelle Wilson,
Rae Skenandore, Joshua Cottrell;
REGULAR MEETING
Present: Chairman Tehassi Hill, Secretary Lisa Liggins, Council members: Daniel Guzman King, David
P. Jordan, Jennifer Webster;
Not Present: Treasurer Tina Danforth, Councilwoman Marie Cornelius, Councilman Kirby Metoxen;
Arrived at: Vice-Chairman Brandon Stevens at 8:57 a.m.
Others present: Jo Anne House, Larry Barton, Mark W. Powless (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 Leeman (via Microsoft Teams),
Loucinda Conway (via Microsoft Teams), Brandon Wisneski (via Microsoft Teams), Joshua Cottrell (via
Microsoft Teams), Nic Reynolds (via Microsoft Teams), Nicole Rommel (via Microsoft Teams), Tina
Jorgensen (via Microsoft Teams), Shannon Stone (via Microsoft Teams), Debra Danforth (via Microsoft
Teams), Cheryl Stevens (via Microsoft Teams), Lisa Rauschenbach (via Microsoft Teams), Laura
Laitinen-Warren (via Microsoft Teams), Maureen Perkins, Catherine Hirth (via Microsoft Teams), Carolyn
Salutz, Grace Elliott, Patricia King (via Microsoft Teams), Debbie Melchert (via Microsoft Teams),
Christopher Johnson (via Microsoft Teams), Carol Silva (via Microsoft Teams), Marsha Danforth (via
Microsoft Teams), Paul Witek, Mary Graves (via Microsoft Teams), Chris Cornelius (via Microsoft Teams),
Kerry Kennedy (via Microsoft Teams), Nancy Barton, Aliskwet Ellis;
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 8:35 a.m.
For the record: Treasurer Tina Danforth is on leave, Councilwoman Marie Cornelius is on approved
travel attending the Wis DOT Inter-Tribal Task Force meeting in Baraboo, WI, and Councilman Kirby
Metoxen is on approved travel attending the Annual American Indian Tourism Conference in Funner,
CA.
1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file
sharing, and video meetings.
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Regular Meeting Minutes
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DRAFT
II.
OPENING (00:00:22)
Opening provided by Chairman Tehassi Hill.
III.
ADOPT THE AGENDA (00:04:02)
Motion by David P. Jordan to adopt the agenda as presented, seconded by Jennifer Webster. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen, Brandon Stevens
IV.
MINUTES
A.
Approve the October 12, 2022, regular Business Committee meeting minutes
(00:04:30)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to approve the October 12, 2022, regular Business Committee meeting
minutes, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen, Brandon Stevens
V.
RESOLUTIONS
A.
Adopt resolution entitled Bureau of Indian Affairs Solid Waste Disposal FY-2023
(00:04:50)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to adopt resolution entitled 10-26-22-A Bureau of Indian Affairs Solid Waste
Disposal FY-2023 Grant Application with one (1) change [1) in line 1, add "Grant Application" to the
title], seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen, Brandon Stevens
B.
Adopt resolution entitled Special Diabetes for Indians Program (SDPI) for CY2023
and beyond through CY2027 (00:05:37)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to adopt resolution entitled 10-26-22-B Special Diabetes for Indians Program
(SDPI) for CY2023 and beyond through CY2027 Grant Application with one (1) change [1) in line 1,
add "Grant Application" to the title], seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen, Brandon Stevens
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DRAFT
C.
Adopt resolution entitled Fiscal Year 2023 COVID-19 Paid Time Off Hours
(00:12:18)
Sponsor: Todd VanDen Heuvel, Executive HR Director
Motion by Jennifer Webster to adopt resolution entitled 10-26-22-C Fiscal Year 2023 COVID-19 Paid
Time Off Hours with one (1) change [1) in line 36, correct "November 6" to "October 30"], seconded by
David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen, Brandon Stevens
D.
Adopt resolution entitled Emergency Amendments to the Budget and Finances
Law (00:14:53)
Sponsor: David P. Jordan, Councilman
Motion by David P. Jordan to adopt resolution entitled 10-26-22-D Emergency Amendments to the
Budget and Finances Law, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen, Brandon Stevens
VI.
APPOINTMENTS
A.
Determine next steps regarding one (1) vacancy - Oneida Election Board (00:21:06)
Sponsor: Lisa Liggins, Secretary
Vice-Chairman Brandon Stevens arrived at 8:57 a.m.
Motion by David P. Jordan to accept the selected applicant and appoint Patricia Moore to the Oneida
Election Board with a term ending July 31, 2024, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Jennifer Webster
Abstained:
Lisa Liggins, Brandon Stevens
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
B.
Determine next steps regarding one (1) vacancy - Oneida Nation Arts Board
(00:22:08)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the selected applicant and appoint Christine Klimmek to the
Oneida Nation Arts Board with a term ending March 31, 2025, seconded by David P. Jordan. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Brandon Stevens, Jennifer
Webster
Abstained:
Lisa Liggins
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
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Regular Meeting Minutes
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DRAFT
C.
Determine next steps regarding five (5) vacancies - Oneida Youth Leadership
Institute Board (00:22:45)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the selected applicant and appoint Margaret Ellis to the Oneida
Youth Leadership Institute Board with a term ending June 30, 2025, seconded by David P. Jordan.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Jennifer Webster
Abstained:
Lisa Liggins, Brandon Stevens
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Motion by Lisa Liggins to direct the Secretary to re-notice the remaining vacancies, seconded by David
P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
VII.
STANDING COMMITTEES
A.
FINANCE COMMITTEE
1.
Accept the October 17, 2022, regular Finance Committee meeting minutes
(00:23:51)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Jennifer Webster to accept the October 17, 2022, regular Finance Committee meeting
minutes, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
B.
LEGISLATIVE OPERATING COMMITTEE
1.
Accept the October 5, 2022, regular Legislative Operating Committee meeting
minutes (00:24:12)
Sponsor: David P. Jordan, Councilman
Motion by Lisa Liggins to accept the October 5, 2022, regular Legislative Operating Committee
meeting minutes, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
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Regular Meeting Minutes
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DRAFT
VIII.
STANDING ITEMS
A.
ARPA FRF and Tribal Contribution Savings Submissions
1.
Adopt resolution entitled Obligation for Change Management Initiatives
Utilizing Tribal Contribution Savings (00:27:19)
Sponsor: Todd VanDen Heuvel, Executive HR Director
Motion by Jennifer Webster to adopt resolution entitled 10-26-22-E Obligation for Change
Management Initiatives Utilizing Tribal Contribution Savings, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
2.
Adopt resolution entitled Obligation for On^yote?a?ká ni?i Project Plan
Utilizing Tribal Contribution Savings (00:30:55)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to adopt resolution entitled 10-26-22-F Obligation for On^yote?a?ká ni?i Project
Plan Utilizing Tribal Contribution Savings, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
3.
Adopt resolution entitled Obligation for Transit Garage Utilizing Tribal
Contribution Savings (00:32:20)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to adopt resolution entitled 10-26-22-G Obligation for Transit Garage
Utilizing Tribal Contribution Savings, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
IX.
TRAVEL REPORTS
A.
Approve the travel report - Vice-Chairman Brandon Stevens - Tribal Leaders
Dinner - Washington, D.C. - April 27-28, 2022 (00:34:05)
Sponsor: Brandon Stevens, Vice-Chairman
Motion by Jennifer Webster to approve the travel report from Vice-Chairman Brandon Stevens for the
Tribal Leaders Dinner in Washington, D.C. - April 27-28, 2022, seconded by Lisa Liggins. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Oneida Business Committee
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B.
Approve the travel report - Vice Chairman Brandon Stevens - Democratic
Congressional Campaign Committee Tribal Policy Retreat - Palm Springs, CA September 8-10, 2022 (00:34:30)
Sponsor: Brandon Stevens, Vice-Chairman
Motion by Lisa Liggins to approve the travel report from Vice Chairman Brandon Stevens for the
Democratic Congressional Campaign Committee Tribal Policy Retreat in Palm Springs, CA September 8-10, 2022, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
C.
Approve the travel report - Councilwoman Marie Cornelius - Packers VIP trip London, U.K. - October 4-10, 2022 (00:34:54)
Sponsor: Marie Cornelius, Councilwoman
Motion by Jennifer Webster to approve the travel report from Councilwoman Marie Cornelius for the
Packers VIP trip in London, U.K. - October 4-10, 2022, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Motion by Lisa Liggins to assign Government Information Services (GIS) a public relations project
related to the travel of the Chairman Tehassi Hill and Councilwoman Marie Cornelius to be completed
by the end of November 2022, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
X.
NEW BUSINESS
A.
Accept the Emergency Management After Action Report regarding the June 15,
2022, Severe Weather Event (00:37:13)
Sponsor: Kaylynn Gresham, Director/Emergency Management
Motion by Brandon Stevens to accept the Emergency Management After Action Report regarding the
June 15, 2022, Severe Weather Event, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Motion by Lisa Liggins to assign the identified tasks listed within the recommendations and the IP to
the Emergency Management Operations Team, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Motion by Lisa Liggins to forward the follow up regarding the critical areas for response to the BC
Officers to complete the appropriate follow up, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Oneida Business Committee
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B.
Approve the nomination of Councilwoman Jennifer Webster to the U.S.
Department of Health and Human Services Secretary’s Tribal Advisory Committee
(STAC) and authorize Chairman Tehassi Hill to sign nomination letter (00:46:03)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by David P. Jordan to approve the nomination of Councilwoman Jennifer Webster to the U.S.
Department of Health and Human Services Secretary’s Tribal Advisory Committee (STAC) and
authorize Chairman Tehassi Hill to sign nomination letter, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens
Abstained:
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
C.
Approve the nomination of Debra Danforth to the National Institutes of Health
Tribal Advisory Committee (NIH TAC) and authorize Chairman Tehassi Hill to sign
nomination letter (00:46:30)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by Lisa Liggins to approve the nomination of Debra Danforth to the National Institutes of Health
Tribal Advisory Committee (NIH TAC) and authorize Chairman Tehassi Hill to sign nomination letter,
seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
D.
Approve three (3) requested actions - CDC # 19-004 Amelia Cornelius Culture Park
(00:47:01)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to approve a procedural exception to forgo Phase II of the CIP process of
routing the CDC approval package to various review entities; to approve the CDC approval package
for CDC # 19-004 Amelia Cornelius Culture Park - Site Amenities; and to activate $2,682,210 from the
Tribal Contribution Savings for CDC #19-004 Amelia Cornelius Culture Park - Site Amenities,
seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
E.
Approve the 2023 Oneida Business Committee meeting, reporting, and standing
meeting schedules (00:51:07)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to approve the 2023 Oneida Business Committee meeting, reporting, and
standing meeting schedules, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Oneida Business Committee
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F.
Schedule a special Business Committee meeting on December 16, 2022, at 9:00
a.m. for the Year End Financial Statements (00:51:46)
Sponsor: David P. Jordan, Councilman
Motion by Jennifer Webster to schedule a special Business Committee meeting on December 16,
2022, at 9:00 a.m. for the Year End Financial Statements, seconded by David P. Jordan. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
G.
Post one (1) vacancy - Oneida Nation Commission on Aging (00:52:37)
Sponsor: Lisa Liggins, Secretary
Motion by Brandon Stevens to post one (1) vacancy for the Oneida Nation Commission on Aging,
seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
H.
Enter the e-poll results into the record regarding an approved exception to
resolution # BC-01-12-22-A to cancel the November 9, 2022, BC meeting (00:52:56)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to enter the e-poll results into the record regarding an approved exception to
resolution # BC-01-12-22-A to cancel the November 9, 2022, BC meeting, seconded by Jennifer
Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Item XII.A. was addressed next.
XI.
REPORTS
A.
OPERATIONAL
1.
Accept the Big Bear Media FY-2022 4th quarter report (01:36:41)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to accept the Big Bear Media FY-2022 4th quarter report, seconded by
Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
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2.
Accept the Comprehensive Health Division FY-2022 4th quarter report
(01:37:09)
Sponsor: Mark W. Powless, General Manager
Motion by David P. Jordan to accept the Comprehensive Health Division FY-2022 4th quarter report,
seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
3.
Accept the Comprehensive Housing Division FY-2022 4th quarter report
(01:43:53)
Sponsor: Mark W. Powless, General Manager
Motion by David P. Jordan to accept the Comprehensive Housing Division FY-2022 4th quarter report,
seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
4.
Accept the Digital Technology Services FY-2022 4th quarter report (01:44:14)
Sponsor: Mark W. Powless, General Manager
Motion by David P. Jordan to accept the Digital Technology Services FY-2022 4th quarter report,
seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
5.
Accept the Education & Training FY-2022 4th quarter report (01:44:37)
Sponsor: Mark W. Powless, General Manager
Motion by David P. Jordan to accept the Education & Training FY-2022 4th quarter report, seconded
by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
6.
Accept the Environmental, Health, Safety, Land, & Agriculture Division FY-2022
4th quarter report (01:45:07)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to accept the Environmental, Health, Safety, Land, & Agriculture Division
FY-2022 4th quarter report, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Oneida Business Committee
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7.
Accept the Grants FY-2022 4th quarter report (01:45:34)
Sponsor: Mark W. Powless, General Manager
Motion by David P. Jordan to accept the Grants FY-2022 4th quarter report, seconded by Jennifer
Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
8.
Accept the Governmental Services Division FY-2022 4th quarter report
(01:46:00)
Sponsor: Mark W. Powless, General Manager
Motion by Brandon Stevens to accept the Governmental Services Division FY-2022 4th quarter report,
seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
9.
Accept the Public Works Division FY-2022 4th quarter report (01:46:30)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to accept the Public Works Division FY-2022 4th quarter report, seconded by
David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Item XII.D. was addressed next.
XII.
GENERAL TRIBAL COUNCIL
A.
Consider request to declare the General Tribal Council Stipend a General Welfare
Assistance payment (00:53:30)
Sponsor: Nancy Barton, Tribal Member
Secretary Lisa Liggins left at 9:29 a.m.
Secretary Lisa Liggins returned at 9:41 a.m.
Motion by Jennifer Webster to forward the request to Law Office for a legal opinion and to Legislative
Operating Committee for consideration for emergency adoption for the December 14, 2022, regular
Business Committee meeting, seconded by Brandon Stevens. Motion carried:
Ayes:
David P. Jordan, Brandon Stevens, Jennifer Webster
Abstained:
Daniel Guzman King, Lisa Liggins
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Oneida Business Committee
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B.
Consider request to schedule a General Tribal Council meeting regarding the three
(3) petitions from N. Dallas, M. Debraska, and L. Elm (01:11:10)
Sponsor: Nancy Barton, Tribal Member
Motion by Lisa Liggins to direct the Secretary to bring back possible scheduling options for the three
(3) pending General Tribal Council petitions to the November 23, 2022, regular Business Committee
meeting, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
C.
Consider request to schedule a General Tribal Council meeting to address the
budget at the Resch Center by December 31, 2022 (01:24:00)
Sponsor: Nancy Barton, Tribal Member
Councilman David P. Jordan left 9:59 a.m.
Councilman David P. Jordan returned 10:02 a.m.
Motion by Lisa Liggins to forward the topic of off-site General Tribal Council meetings to the November
BC work session to assign to the appropriate staff, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Item XI.A.1. was addressed next.
D.
Consider request from the Oneida Land Claims Commission regarding the
November 15, 2022, semi-annual General Tribal Council meeting agenda (01:48:12)
Sponsor: Chris Cornelius, Chair/Oneida Land Claims Commission
Chairman Tehassi Hill left at 10:26 a.m. Vice-Chairman Brandon Stevens assumes the role of the
Chair.
Chairman Tehassi Hill returned 10:28 a.m. and resumes the role of the Chair.
Motion by Jennifer Webster to accept the discussion as information, seconded by Daniel Guzman
King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
E.
Schedule the 2023 annual General Tribal Council meeting (02:00:15)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to schedule the 2023 annual General Tribal Council meeting on Monday,
January 30, 2023, at 6:00 p.m. if held in-person and 5:00 p.m. if held virtually, seconded by Jennifer
Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Oneida Business Committee
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XIII.
EXECUTIVE SESSION
A.
REPORTS
1.
Accept the Chief Counsel report (02:01:40)
Sponsor: Jo Anne House, Chief Counsel
Motion by Brandon Stevens to accept the Chief Counsel report, seconded by David P. Jordan. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Motion by Brandon Stevens to approve the attorney contract with Husch Blackwell - contract # 20220880, in case # 2022-cv-734, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Motion by Jennifer Webster to appoint Vice-Chairman Brandon Stevens as the project liaison for FY2023 budget finalization; to direct the Budget Analyst to be the project team leader; to direct the Chief
Financial Officer to identify a representative with sufficient knowledge, skills, and access to provide
technical support; and to direct the Chief Financial Officer to assign the Purchasing Manager to provide
technical support to expedite engaging a third party to assist in the FY-2023 budget finalization,
seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Motion by Jennifer Webster to request the Legislative Operating Committee to consider deletion of
section 103.7 from the Code of Ethics, 1 O.C. 103, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
2.
Accept the General Manager report (02:05:46)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to accept the General Manager report, seconded by David P. Jordan.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
3.
Accept the Chief Financial Officer October 2022 report (02:06:00)
Sponsor: Larry Barton, Chief Financial Officer
Motion by David P. Jordan to accept the Chief Financial Officer October 2022 report, seconded by
Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Oneida Business Committee
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DRAFT
4.
Accept the Intergovernmental Affairs, Communications, and Self-Governance
October 2022 report (02:06:16)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by Jennifer Webster to accept the Intergovernmental Affairs, Communications, and SelfGovernance October 2022 report, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Motion by Jennifer Webster to approve Amendment 16 to the Nation’s FY-18 Indian Health Service
Multi-Year Funding Agreement, File # 2022-0809, and authorize the Chairman to sign the amendment
and direct Self-Governance to submit to the Indian Health Service, seconded by David P. Jordan.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Motion by Jennifer Webster to approve the Indian Health Service Buyback Agreement for FY-23, File #
2022-0808; to authorize the Chairman to sign the agreement; and direct Self-Governance to submit to
the Indian Health Service, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Motion by Jennifer Webster to request Chief Counsel to provide a legal opinion regarding the Nation’s
Gaming compact with the State of Wisconsin, and the identified provisions as discussed, seconded by
Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Motion by Jennifer Webster to approve the use of OBC Special Projects budget for the fellowship
activity, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Motion by Jennifer Webster to approve Vice-Chairman Brandon Stevens to attend the White House
Tribal Nations Summit in Washington, D.C. - November 29-December 2, 2022, seconded by David P.
Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Oneida Business Committee
Regular Meeting Minutes
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DRAFT
B.
NEW BUSINESS
1.
Review application(s) for one (1) vacancy - Oneida Election Board (02:08:45)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the discussion as information for one (1) vacancy - Oneida
Election Board, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
2.
Review application(s) for one (1) vacancy - Oneida Nation Arts Board (02:09:02)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the discussion as information for one (1) vacancy - Oneida
Nation Arts Board, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
3.
Review application(s) for five (5) vacancies - Oneida Youth Leadership Institute
Board (02:09:18)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the discussion as information for five (5) vacancies - Oneida
Youth Leadership Institute Board, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
4.
Determine next steps regarding request of employment contract review from
DR14 (02:09:37)
Sponsor: Lisa Liggins, Secretary
Motion by David P. Jordan to approve the draft amendment for DR14 file # 2021-0704 and assign the
Oneida Business Committee Officers to finalize the recommendation in accordance with the October
25, 2022, recommendations submitted by the Human Resources Department, seconded by Jennifer
Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
5.
Assign the hiring team for DR05 job posting (02:10:03)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to assign Chairman Tehassi Hill, Vice-Chairman Brandon Stevens,
Secretary Lisa Liggins, and Councilman Daniel Guzman King, to a team authorized to carry out all
duties related to hiring of the DR05, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
Oneida Business Committee
Regular Meeting Minutes
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DRAFT
XIV.
ADJOURN (02:10:30)
Motion by Daniel Guzman King to adjourn at 10:45 a.m., seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Marie Cornelius, Tina Danforth, Kirby Metoxen
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 15 of 15
October 26, 2022
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Approve the November 14, 2022, emergency Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
11/30/22
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
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DRAFT
Oneida Business Committee
Emergency Meeting
4:00 PM Monday, November 14, 2022
Virtual Meeting – Microsoft Teams1
Minutes
EMERGENCY MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council
members: Marie Cornelius, Daniel Guzman King, Kirby Metoxen, Jennifer Webster;
Not Present: Treasurer Tina Danforth, Councilman David P. Jordan;
Arrived at: n/a
Others present: Jo Anne House, Todd VanDen Heuvel, Danelle Wilson, Peggy Van Gheem, Aliskwet
Ellis;
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 4:00 p.m.
For the record: Treasurer Tina Danforth is out on leave.
II.
OPENING (00:00:15)
Opening provided by Councilman Kirby Metoxen.
III.
ADOPT THE AGENDA (00:00:39)
Motion by Lisa Liggins to adopt the agenda as presented, seconded by Jennifer Webster. Motion
carried:
Ayes:
Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David P. Jordan
1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file
sharing, and video meetings.
Oneida Business Committee
Emergency Meeting Minutes
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November 14, 2022
Public Packet
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DRAFT
IV.
EXECUTIVE SESSION (00:01:26)
Motion by Lisa Liggins to go into executive session at 4:02 p.m., seconded by Jennifer Webster.
Motion carried:
Ayes:
Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David P. Jordan
Motion by Lisa Liggins to come out of executive session at 4:36 p.m., seconded by Marie Cornelius.
Motion carried:
Ayes:
Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David P. Jordan
A.
NEW BUSINESS
1.
Determine next steps regarding DR05 employment contract (00:02:30)
Sponsor: Brandon Stevens, Vice-Chairman
Motion by Lisa Liggins to approve the plan identified in the November 14, 2022, memorandum from the
Law Office and HRD and approve the dates identified for the notice letter, seconded by Daniel
Guzman King. Motion carried:
Ayes:
Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David P. Jordan
V.
ADJOURN (00:03:24)
Motion by Marie Cornelius to adjourn at 4:38 p.m., seconded by Lisa Liggins. Motion carried:
Ayes:
Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David P. Jordan
Minutes prepared by Aliskwet Ellis, Senior Information Management Specialist.
Minutes approved as presented on
.
Lisa Liggins, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Emergency Meeting Minutes
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November 14, 2022
Public Packet
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Adopt resolution entitled Adoption of the Oneida Nation Assistance Fund Law
Business Committee Agenda Request
1. Meeting Date Requested:
11/23/22
2. Session:
☒ Open ☐ Executive – must qualify under §107.4-1.
Justification: Choose or type justification.
3. Requested Motion:
☐ Accept as information; OR
Adopt the resolution entitled, Adoption of the Oneida Nation Assistance Fund Law.
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
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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: Legislative Analysis, Fiscal Impact Statement
☐ 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. Leeman, LRO Senior Staff Attorney
Revised: 11/15/2021
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Oneida Business Committee
David P. Jordan, LOC Chairperson
November 23, 2022
Adoption of the Oneida Nation Assistance Fund Law
Please find the following attached backup documentation for your consideration of the adoption
of the Oneida Nation Assistance Fund law:
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2.
3.
4.
5.
Resolution: Adoption of the Oneida Nation Assistance Fund Law
Statement of Effect: Adoption of the Oneida Nation Assistance Fund Law
Oneida Nation Assistance Fund Law Legislative Analysis
Oneida Nation Assistance Fund Law
Oneida Nation Assistance Fund Law Fiscal Impact Statement
Overview
The Oneida Business Committee adopted the Oneida Nation Assistance Fund law on an emergency
basis on June 8, 2022, through the adoption of resolution BC-06-08-22-A. The emergency
adoption of the Oneida Nation Assistance Fund law will expire on December 8, 2022.The Oneida
Nation Assistance Fund law is now ready to be considered for permanent adoption.
The purpose of the Oneida Nation Assistance Fund law is to establish the Oneida Nation
Assistance Fund as an approved program of the Nation to govern how the Nation provides financial
assistance to its members, pursuant to the Oneida General Welfare law. [10 O.C. 1003.1-1]. The
Oneida Nation Assistance Fund law will:
Establish the Oneida Nation Assistance Fund as an approved program of the Nation in
accordance with the Oneida General Welfare law [10 O.C. 1003.4-1];
Provide how this program qualifies for general welfare exclusion [10 O.C. 1003.4-2];
Provide the eligibility requirements for accessing assistance from the Oneida Nation
Assistance Fund – which is that a person is a member of the Nation; age eighteen (18) or
older; and submits a completed application during the designated submission timeframe
[10 O.C. 1003.5-1];
Provide the minimum requirements for the information that must be included on the
application [10 O.C. 1003.5-3];
Provide how and when funds from the Oneida Nation Assistance Fund are disbursed [10
O.C. 1003.5-2, 1003.5-4];
Provide for the types of expenses that shall be considered qualifying expenditures for use
of assistance from Oneida Nation Assistance Fund by the recipient [10 O.C. 1003.5-5];
Provide information on the funding source and who determines that amount of available
funding to an eligible participant [10 O.C. 1003.6-1, 1003.6-2]; and
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Provide that the Trust Enrollment Department is the department that has the responsibilities
to administer the Oneida Nation Assistance Fund. [10 O.C. 1003.5-6, 1003.5-7].
The Legislative Operating Committee developed the proposed amendments to the Oneida Nation
Assistance Fund law through collaboration with representatives from the Oneida Law Office,
Government Administrative Office, Finance Administration, Trust Enrollments Department, and
Intergovernmental Affairs and Communications. The Legislative Operating Committee held five
(5) work meetings on the development of the Oneida Nation Assistance Fund law.
The development of the Oneida Nation Assistance Fund law complies with all processes and
procedures required by the Legislative Procedures Act, including the development of a legislative
analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public
comment period. [1 O.C. 109.6, 109.7, 109.8].
A public meeting on the proposed Oneida Nation Assistance Fund law was held on September 2,
2022. No oral comments were provided during the public meeting. The public comment period
was then held open until September 12, 2022. The Legislative Operating Committee received one
(1) submission of written comments during the public comment period. All public comments
received were accepted, reviewed, and considered by the Legislative Operating Committee on
September 21, 2022. Any changes made based on those comments have been incorporated into
this draft.
Requested Action
Adopt the Resolution: Adoption of the Oneida Nation Assistance Fund Law
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Public Packet
Oneida Nation
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Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution #
Adoption of the Oneida Nation Assistance Fund Law
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WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Nation Assistance Fund law (“the Law”) was adopted by the Oneida Business
Committee on an emergency basis through resolution BC-06-08-22-A; and
WHEREAS,
the purpose of the Law is to establish the Oneida Nation Assistance Fund as an approved
program of the Nation to govern how the Nation provides financial assistance to its
members, pursuant to the Oneida General Welfare law; and
WHEREAS,
the Law provides how the Oneida Nation Assistance Fund qualifies for general welfare
exclusion; and
WHEREAS,
the Law provides the eligibility requirements for accessing assistance from the Oneida
Nation Assistance Fund – which is that a person is a member of the Nation; age eighteen
(18) or older; and submits a completed application during the designated submission
timeframe; and
WHEREAS,
the Law provides the minimum requirements for the information that must be included on
the application for assistance from the Oneida Nation Assistance Fund; and
WHEREAS,
the Law provides how and when funds from the Oneida Nation Assistance Fund are
disbursed; and
WHEREAS,
the Law provides for the types of expenses that shall be considered qualifying expenditures
for use of assistance from Oneida Nation Assistance Fund by the recipient; and
WHEREAS,
the Law provides information on the funding source and who determines that amount of
available funding to an eligible participant; and
WHEREAS,
the Law provides that the Trust Enrollment Department is the department that has the
responsibilities to administer the Oneida Nation Assistance Fund; and
WHEREAS,
in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact
statement were developed for this Law; and
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BC Resolution _____________
Adoption of the Oneida Nation Assistance Fund Law
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WHEREAS,
a public meeting on the Law was held on September 2, 2022, in accordance with the
Legislative Procedures Act, and the public comment period was held open until September
12, 2022; and
WHEREAS,
the Legislative Operating Committee accepted, reviewed, and considered the public
comments received on September 21, 2022; and
NOW THEREFORE BE IT RESOLVED, that the Oneida Nation Assistance Fund law is hereby adopted
and shall become effective on December 7, 2022.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Adoption of the Oneida Nation Assistance Fund Law
Summary
This resolution adopts the Oneida Nation Assistance Fund law on a permanent basis in order to
establish the Oneida Nation Assistance Fund as an approved program of the Nation to govern how
the Nation provides financial assistance to its members, pursuant to the Oneida General Welfare
law.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: October 21, 2022
Analysis by the Legislative Reference Office
This resolution adopts the Oneida Nation Assistance Fund law (“the Law”) on a permanent basis.
The Oneida Business Committee adopted the Law on an emergency basis on June 8, 2022, through
the adoption of resolution BC-06-08-22-A. The emergency adoption of the Oneida Nation
Assistance Fund law will expire on December 8, 2022. The purpose of the Law is to establish the
Oneida Nation Assistance Fund as an approved program of the Nation to govern how the Nation
provides financial assistance to its members, pursuant to the Oneida General Welfare law. [10
O.C. 1003.1-1]. The Law will:
Establish the Oneida Nation Assistance Fund as an approved program of the Nation in
accordance with the Oneida General Welfare law [10 O.C. 1003.4-1];
Provide how this program qualifies for general welfare exclusion [10 O.C. 1003.4-2];
Provide the eligibility requirements for accessing assistance from the Oneida Nation
Assistance Fund – which is that a person is a member of the Nation; age eighteen (18) or
older; and submits a completed application during the designated submission timeframe
[10 O.C. 1003.5-1];
Provide the minimum requirements for the information that must be included on the
application [10 O.C. 1003.5-3];
Provide how and when funds from the Oneida Nation Assistance Fund are disbursed [10
O.C. 1003.5-2, 1003.5-4];
Provide for the types of expenses that shall be considered qualifying expenditures for use
of assistance from Oneida Nation Assistance Fund by the recipient [10 O.C. 1003.5-5];
Provide information on the funding source and who determines that amount of available
funding to an eligible participant [10 O.C. 1003.6-1, 1003.6-2]; and
Provide that the Trust Enrollment Department is the department that has the responsibilities
to administer the Oneida Nation Assistance Fund. [10 O.C. 1003.5-6, 1003.5-7].
Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),
which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the
purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Oneida Nation Assistance Fund law complied with all processes and procedures required
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by the LPA, including the development of a legislative analysis, a fiscal analysis, and the
opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6,
109.7, 109.8].
A public meeting on the proposed Oneida Nation Assistance Fund law was held on September 2,
2022. No oral comments were provided during the public meeting. The public comment period
was then held open until September 12, 2022. The Legislative Operating Committee received one
(1) submission of written comments during the public comment period. All public comments
received were accepted, reviewed, and considered by the Legislative Operating Committee on
September 21, 2022. Any changes made based on those comments have been incorporated into
this draft.
The Oneida Nation Assistance Fund law will become effective ten (10) business days after the
adoption of this resolution in accordance with the LPA. [1 O.C. 109.9-3].
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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Analysis to Draft 1 for OBC Consideration
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ONEIDA NATION ASSISTANCE FUND LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Law
Analysis by the Legislative Reference Office
Establish the Oneida Nation Assistance Fund as an approved program of
the Nation in accordance with the Oneida General Welfare law. [10 O.C.
1003.4-1].
Provide how this program qualifies for general welfare exclusion. [10
Provide the eligibility requirements for accessing assistance from the
Oneida Nation Assistance Fund – which is that a person is a member of
the Nation; age eighteen (18) or older; and submits a completed
application during the designated submission timeframe. [10 O.C.
Purpose
Affected Entities
Public Meeting
Fiscal Impact
Expiration of Emergency
Legislation
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O.C. 1003.4-2].
1003.5-1].
Provide the minimum requirements for the information that must be
included on the application. [10 O.C. 1003.5-3].
Provide how and when funds from the Oneida Nation Assistance Fund
are disbursed. [10 O.C. 1003.5-2, 1003.5-4].
Provide for the types of expenses that shall be considered qualifying
expenditures for use of assistance from Oneida Nation Assistance Fund
by the recipient. [10 O.C. 1003.5-5].
Provide information on the funding source and who determines that
amount of available funding to an eligible participant. [10 O.C. 1003.6-
1, 1003.6-2].
Provide that the Trust Enrollment Department is the department that has
the responsibilities to administer the Oneida Nation Assistance Fund. [10
O.C. 1003.5-6, 1003.5-7].
To establish the Oneida Nation Assistance Fund to govern how the Nation
provides financial assistance to its members, pursuant to the Oneida General
Welfare law. [10 O.C. 1003.1-1].
Oneida Business Committee, Trust Enrollment Department
A public meeting was held on September 2, 2022. The public comment period
was then held open until September 12, 2022.
A fiscal impact statement was received from the Trust Enrollment
Department Director on October 5, 2022.
The Oneida Nation Assistance Fund law was adopted on an emergency basis
on June 8, 2022, through resolution BC-06-08-22-A. The emergency
adoption of the Oneida Nation Assistance Fund law will expire on December
8, 2022.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Oneida Nation Assistance Fund law (‘the Law”) was adopted by the Nation on an
emergency basis on June 8, 2022, through resolution BC-06-08-22-A for the purpose of establishing
the Oneida Nation Assistance Fund to govern how the Nation provides financial assistance to its
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Analysis to Draft 1 for OBC Consideration
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members, pursuant to the Oneida General Welfare law. [10 O.C. 1003.1-1]. The emergency adoption
of the Law will expire on December 8, 2022.
B. The adoption of the Law on a permanent basis is now being sought by the Legislative Operating
Committee.
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SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of this Law
and legislative analysis:
Oneida Law Office;
Government Administrative Office;
Finance Administration;
Trust Enrollments Department; and
Intergovernmental Affairs and Communications.
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SECTION 4. PROCESS
A. The development of this Law has followed the process set forth in the Legislative Procedures Act
(LPA).
On June 1, 2022, the Legislative Operating Committee added the Law to is Active Files List.
On June 1, 2022, the Legislative Operating Committee approved the Oneida Nation Assistance
Fund law emergency adoption packet and forward to the Oneida Business Committee for
consideration.
On June 8, 2022, the Oneida Business Committee adopted the Law on an emergency basis
through the adoption of resolution BC-06-08-22-A entitled, Emergency Adoption of the Oneida
Nation Assistance Fund Law. The emergency adoption of the Law will expire on December 8,
2022.
On July 20, 2022, the Legislative Operating Committee approved the draft and legislative
analysis for the Oneida Nation Assistance Fund law.
On August 3, 2022, the Legislative Operating Committee approved the public meeting packet,
with updated public meeting notice, and forwarded the Oneida Nation Assistance Fund law to
a public meeting to be held on September 2, 2022.
On September 2, 2022, the public meeting was held on Microsoft Teams. No one provided
comments during this public meeting.
The public comment period was held open until September 12, 2022. One (1) submission of
written comments was received during the public comment period.
On September 21, 2022, the Legislative Operating Committee accepted the public comments
and the public comment review memorandum and deferred these items to a work meeting for
further consideration.
On October 5, 2022 the Legislative Operating Committee approved the updated public
comment review memorandum, draft, updated legislative analysis, and fiscal impact statement
request memorandum, and forwarded these materials to the Trust Enrollment Department
Director directing that a fiscal impact statement be submitted to the Legislative Operating
Committee by October 19, 2022.
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The Legislative Operating Committee received the fiscal impact statement from the Trust
Enrollment Department Director on October 5, 2022.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of this Law:
May 12, 2022: LOC work meeting.
May 18, 2022: LOC work meeting with the Oneida Law Office, Finance Administration,
Budget Analyst, Trust Enrollment Department, and Government Administrative Office.
July 1, 2022: LOC work meeting with the Finance Administration, Trust Enrollment
Department, Intergovernmental Affairs and Communications, and Government Administrative
Office.
July 28, 2022: LOC work meeting.
September 21, 2022: LOC work meeting.
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SECTION 5. CONTENTS OF THE LEGISLATION
A. Purpose and Policy. The purpose of this law is to establish the Oneida Nation Assistance Fund to
govern how the Nation provides financial assistance to members, pursuant to the Oneida General
Welfare law. [10 O.C. 1003.1-1]. It is the policy of the Nation to prioritize the general welfare needs
of its members. [10 O.C. 1003.1-2]. The interests of the Nation are advanced when its members remain
confident that their general welfare needs can be met. [10 O.C. 1003.1-2].
Effect. The overall purpose of this Law is to codify the Nation’s sovereign right to provide
assistance to Tribal members on a non-taxable basis through an approved program.
B. Establishment. This Law establishes the Oneida Nation Assistance Fund as an approved program of
the Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1]. The Oneida
Nation Assistance Fund meets the requirements of the General Test as defined in the Oneida General
Welfare law; General Criteria as defined in I.R.S. Rev. Proc. 2014-35, section 5; and the requirements
of the Tribal General Welfare Exclusion Act of 2014 26 U.S.C. §139E(b). [10 O.C. 1003.4-1].
C. Guidelines and Requirements. The Law provides guidelines and requirements for the Oneida Nation
Assistance Fund. The Oneida Nation Assistance Fund shall be open to any individuals who meet the
following criteria: is a member of the Nation; is age eighteen (18) or older; and submits a completed
application during the designated submission timeframe [10 O.C. 1003.5-1]. The Oneida Business
Committee shall set forth. through the adoption of a resolution. an application submission period and
disbursement timeframe for a distribution of assistance from the Oneida Nation Assistance Fund. [10
O.C. 1003.5-2]. Any individual seeking assistance from the Oneida Nation Assistance Fund shall
submit an application. [10 O.C. 1003.5-3]. The Trust Enrollment Department shall make available an
Oneida Nation Assistance Fund application form and instructions. [10 O.C. 1003.5-3(a)]. The Law
provides the minimum information that is required to be provided on the application. [10 O.C. 1003.53(a)(1)(A)-(I)]. Assistance provided through the Oneida Nation Assistance Fund shall be disbursed in
accordance with the timeframe set through resolution by the Oneida Business Committee. [10 O.C.
1003.5-4]. Funds from the Oneida Nation Assistance Fund may be disbursed through direct deposit, or
check, depending on the selection made on the application by the recipient. [10 O.C. 1003.5-4].
D. Qualifying Expenditures. The Law provides that the following types of expenses shall be considered
qualifying expenditures for use of assistance from the Oneida Nation Assistance Fund by the recipient:
costs relating to housing needs of principal residences such as:
mortgage payments, rent payments, and down payments;
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Analysis to Draft 1 for OBC Consideration
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enhancements for habitability of housing;
basic housing repairs or rehabilitation;
improvements to adapt housing for special health needs;
costs for paying utility bills and charges, including, but not limited to, the following:
water;
electricity;
gas;
basic communication services such as:
phone
internet; and
cable;
costs associated with education, including, but not limited to the following:
transportation to and from school;
tutors;
supplies for use in school activities and extra-curricular activities;
providing tuition or room and board payments;
providing for childcare for parents seeking employment or pursuing education;
job counseling and interviewing expenses;
costs associated with food security;
costs associated with home care assistance;
costs associated with vehicle payments, maintenance, repair, and insurance;
costs associated with medical care and transportation, room, and board costs for seeking
medical care;
funeral and burial expenses and expenses for attending wakes, funerals, burials,
bereavements, and subsequent honoring events; and
costs related to any other emergency circumstance [10 O.C. 1003.5-5].
E. Oversight and Records Maintenance. The Trust Enrollment Department shall oversee the collection,
review, and permitted distribution of funds from the Oneida Nation Assistance Fund to the qualifying
recipients and shall be responsible for maintenance of records for the Oneida Nation Assistance Fund.
[10 O.C. 1003.5-6, 1003.5-7]. The recipient shall retain receipts for the expenditure of the funds
associated with the Oneida Nation Assistance Program. [10 O.C. 1003.5-7].
F. Funding. The Oneida Nation Assistance Fund shall be funded through the Nation’s annual budget, and
by any other funding source deemed necessary by the Oneida Business Committee. [10 O.C. 1003.61]. The Oneida Business Committee shall determine the amount of assistance available to an eligible
recipient from the Oneida Nation Assistance Fund per any permitted distribution. [10 O.C. 1003.6-2].
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SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to this Law:
Oneida General Welfare Law. The Oneida General Welfare Law governs how the Nation
provides assistance to eligible members on a non-taxable basis, pursuant to the principles of
the General Welfare Exclusion to Indian Tribal governmental programs that provide benefits
to Tribal members. [10 O.C. 1001.1-1].
The Oneida Nation Assistance Fund is hereby established as an approved program of
the Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1].
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Analysis to Draft 1 for OBC Consideration
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The Oneida Nation Assistance Fund meets the requirements of the General Test as
defined in the Oneida General Welfare Law. [10 O.C. 1003.4-2].
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SECTION 7. OTHER CONSIDERATIONS
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A. Deadline for Permanent Adoption of Legislation. The emergency adoption of this Law will expire six
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(6) months after adoption on December 8, 2022. The emergency legislation may be renewed for an
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additional six (6) month period.
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Conclusion: The Legislative Operating Committee will need to consider the development and
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adoption of this Law on a permanent basis within the next six (6) to twelve (12) months.
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A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
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legislation except emergency legislation. [1 O.C. 109.6-1].Fiscal Impact statements may be prepared
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by any agency who may receive funding if the legislation is enacted, any agency who may administer
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a program if the legislation is enacted, any agency who may have financial information concerning the
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subject matter of the legislation, or by the Finance Office, upon request of the Legislative Operating
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Committee. [1 O.C. 109.6-1(a)-(b)]. Oneida Business Committee resolution BC-10-28-20-A entitled,
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Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act, provides further
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clarification on who the Legislative Operating Committee may direct complete a fiscal impact
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statement at various stages of the legislative process, as well as timeframes for completing the fiscal
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impact statement.
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Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact
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statement be completed.
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Public Packet
1003.1. Purpose and Policy
1003.2. Adoption, Amendment, Repeal
1003.3. Definitions
1003.4. Establishment
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Title 10. General Welfare Exclusion - Chapter 1003
ONEIDA NATION ASSISTANCE FUND
1003.5. Guidelines and Requirements
1003.6. Funding
1003.1. Purpose and Policy
1003.1-1. Purpose. The purpose of this law is to establish the Oneida Nation Assistance Fund to
govern how the Nation provides financial assistance to its members, pursuant to the Oneida
General Welfare law.
1003.1-2. Policy. It is the policy of the Nation to prioritize the general welfare needs of its
members. The interests of the Nation are advanced when its members remain confident that their
general welfare needs can be met.
1003.2. Adoption, Amendment, Repeal
1003.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.
1003.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
1003.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
1003.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
1003.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1003.3. Definitions
1003.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "Approved program" means any program(s) to provide general welfare assistance that
is intended to qualify as a General Welfare Exclusion, administered under specific
guidelines, and is adopted by the Oneida Business Committee through resolution or law of
the Nation in accordance with the Oneida General Welfare law.
(b) "Assistance" means benefits or payments under an approved program, which are paid
to or on behalf of a recipient pursuant to this law. Assistance provided under an approved
program shall not be considered income of the recipient.
(c) “Lavish” or “Extravagant” shall have the meaning determined by the Oneida Business
Committee in its discretion and based on the circumstances, taking into account needs
unique to the Nation as well as the social purpose being served by the particular assistance
at hand, except as otherwise may be required for compliance with final guidance issued
under 26 U.S.C. §139E following consultation between the Nation and the federal
government.
(e) "Member" means an individual who is an enrolled member of the Nation.
(f) “Nation” means the Oneida Nation.
(g) “Recipient” means any member entitled to receive assistance in accordance with
approved program requirements.
10 O.C. 1003 – Page 1
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1003.4. Establishment
1003.4-1. Establishment. The Oneida Nation Assistance Fund is hereby established as an
approved program of the Nation in accordance with the Oneida General Welfare law. The purpose
of the Oneida Nation Assistance Fund is to provide financial assistance to members of the Nation
to address the general welfare needs of members.
1003.4-2. General Welfare Exclusion. The Oneida Nation Assistance Fund meets the
requirements of the General Test as defined in the Oneida General Welfare law; General Criteria
as defined in I.R.S. Rev. Proc. 2014-35, section 5; and the requirements of the Tribal General
Welfare Exclusion Act of 2014, 26 U.S.C. §139E(b). The assistance provided through the Oneida
Nation Assistance Fund is:
(a) paid on behalf of the Nation;
(b) pursuant to an approved program of the Nation;
(c) does not discriminate in favor of members of the governing body of the Nation;
(d) available to any eligible member of the Nation who meets the guidelines of the
approved program;
(e) provided for the promotion of general welfare;
(f) not lavish or extravagant;
(g) not compensation for services; and
(h) not a per capita payment.
1003.5. Guidelines and Requirements
1003.5-1. Eligibility. The Oneida Nation Assistance Fund shall be open to any individual who
meets the following criteria:
(a) is a member of the Nation;
(b) is age eighteen (18) or older; and
(c) submits a completed application during the designated submission timeframe.
1003.5-2. Distribution Period. The Oneida Business Committee shall set forth through the
adoption of a resolution an application submission period and disbursement timeframe for a
distribution of assistance from the Oneida Nation Assistance Fund.
1003.5-3. Application for Funds. Any individual seeking assistance from the Oneida Nation
Assistance Fund shall submit an application.
(a) The Trust Enrollment Department shall make available an Oneida Nation Assistance
Fund application form and instructions.
(1) The application shall require, at a minimum, the following information:
(A) first, middle, and last name;
(B) date of birth;
(C) street address, city, state, zip code;
(D) phone number;
(E) e-mail address;
(F) enrollment number;
(G) bank account information for direct deposit if necessary;
(H) declaration from the applicant that their need exists, and all information
provided therein is accurate and in accordance with the laws of the Nation
and federal law; and
(I) signature of the applicant, electronic or handwritten, affirming the
10 O.C. 1003 – Page 2
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declaration.
(2) On the application the applicant shall designate the means by which they would
like to receive their disbursement of funds from the Oneida Nation Assistance Fund,
either through direct deposit or check.
(b) Applicants shall complete and return the Oneida Nation Assistance Fund application
form to the Trust Enrollment Department by the deadline set through resolution by the
Oneida Business Committee in order to be eligible for assistance from the Oneida Nation
Assistance Fund.
(1) The information provided in the Oneida Nation Assistance Fund application
form may be provided to any department, division, or personnel that processes the
applications.
1003.5-4. Disbursement of Funds. Assistance provided through the Oneida Nation Assistance
Fund shall be disbursed in accordance with the timeframe set through resolution by the Oneida
Business Committee. Funds from the Oneida Nation Assistance Fund may be disbursed through
direct deposit, or check, depending on the selection made on the application by the recipient.
1003.5-5. Qualifying Expenditures. The following types of expenses shall be considered
qualifying expenditures for use of assistance from the Oneida Nation Assistance Fund by the
recipient:
(a) costs relating to housing needs of principal residences such as:
(1) mortgage payments, rent payments, and down payments;
(2) enhancements for habitability of housing;
(3) basic housing repairs or rehabilitation;
(4) improvements to adapt housing for special health needs;
(b) costs for paying utility bills and charges, including, but not limited to, the following:
(1) water;
(2) electricity;
(3) gas;
(4) basic communication services such as:
(A) phone;
(B) internet; and
(C) cable;
(c) costs associated with education including, but not limited to:
(1) transportation to and from school;
(2) tutors;
(3) supplies for use in school activities and extra-curricular activities;
(4) providing tuition or room and board payments;
(5) providing for childcare for parents seeking employment or pursuing education;
(6) job counseling and interviewing expenses.
(d) costs associated with food security;
(e) costs associated with home care assistance;
(f) costs associated with vehicle payments, maintenance, repair, and insurance;
(g) costs associated with medical care and transportation, room, and board costs for
seeking medical care;
(h) funeral and burial expenses and expenses for attending wakes, funerals, burials,
bereavements, and subsequent honoring events; and
10 O.C. 1003 – Page 3
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(i) costs related to any other emergency circumstance.
1003.5-6. Oversight. The Trust Enrollment Department shall oversee the collection, review, and
permitted distribution of funds from the Oneida Nation Assistance Fund to the qualifying
recipients.
1003.5-7. Records Maintenance. The Trust Enrollment Department shall be responsible for
maintenance of records for the Oneida Nation Assistance Fund. The recipient shall retain receipts
for the expenditure of the funds associated with the Oneida Nation Assistance Fund.
1003.6. Funding
1003.6-1. Funding Source. The Oneida Nation Assistance Fund shall be funded through the
Nation’s annual budget, and by any other funding source deemed necessary by the Oneida
Business Committee.
1003.6-2. Amount of Available Funding. The Oneida Business Committee shall determine the
amount of assistance available to an eligible recipient from the Oneida Nation Assistance Fund
per any permitted distribution.
End.
Emergency Adopted – BC-06-08-22-A
Adopted – BC-__-__-__-__
10 O.C. 1003 – Page 4
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Trust Enrollment Department
MEMORANDUM
To:
Legislative Operating Committee
From:
Keith Doxtator
Date:
October 5th, 2022
Subject:
Oneida Nation Assistance Fund Law – Fiscal Impact Statement
Program Expenses
Most of the expenses from this law are outside the control of the Trust Enrollments Department.
Rather this law gives both funding source and available funding control to the Business
Committee.
In FY22, the funds were budgeted and $1,300 was paid to all members and $2,000 was paid to
members age 62+. During the last FY23 budget meeting, a higher $1,500 payment to all
members was proposed. The fiscal impact is simple: # of members eligible * payment amount:
Year
2023
2033
2043
Expected Members
17,300
16,900
15,800
Expected Elders
3,150
4,110
4,330
If we simply maintain the FY23’s budgeted amounts of $1,500 /member plus $2,000 /elder:
Year
2023
2033
2043
All Member Payment
$25,950,000
$25,350,000
$23,700,000
Elder Payment
$6,300,000
$8,220,000
$8,660,000
Total Annual Payment
$32,250,000
$33,570,000
$32,360,000
Any decision impacting membership (such as the next version of Sustain Oneida) or payment
amount may have a significant fiscal impact.
Startup Costs
Negligible
Personnel
In my original FY23 budget, I included funds to hire a second Payment Administrator.
Historically, our office paid per capita payment with two administrators. While we scaled back to
one during Covid, continuing to operate the five GWA payments we’ve been tasked is not
sustainable. I’d expect the grade to be an 8. At median, the salary is $49,296 /year, and our
department’s fringe rate is 48.2%.
909 Packerland Drive•Green Bay, WI 54303 • Mailing PO Box 365, Oneida, WI 54155-0365•920.869.6200•1.800.571.9902•Fax: 920.869.2995
TrustEnrollments@oneidanation.org•oneida-nsn.gov
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Oneida Nation
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Trust Enrollment Department
The total additional personnel expense is $73,000 /yr.
Office Costs
Negligible
For potential consideration, I’d expect the database technology we use and the ability to
communicate with Accounting’s technology to require an upgrade in the coming years. I
understand DTS has included some allocation for this in their FY23 budget, and I’m not yet sure
if that would solve the concern or simply be the first step. Our database remains the most
streamlined way to process member information, and future upgrades may target further
efficiencies.
Documentation Costs
Negligible
Estimate of Time Necessary to Comply with Law
Already in compliance.
909 Packerland Drive•Green Bay, WI 54303 • Mailing PO Box 365, Oneida, WI 54155-0365•920.869.6200•1.800.571.9902•Fax: 920.869.2995
TrustEnrollments@oneidanation.org•oneida-nsn.gov
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Adopt resolution entitled Older Americans Act, Title VI 2023-2026 Grant Program Application
Business Committee Agenda Request
1. Meeting Date Requested:
11/30/22
2. Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose or type justification.
3. Requested Motion:
☐ Accept as information; OR
Adopt Resolution
4. Areas potentially impacted or affected by this request:
☐ Finance
☐ Law Office
☐ Gaming/Retail
☒ Other: Aging & Disability services
☐ Programs/Services
☐ MIS
☐ Boards, Committees, or Commissions
5. Additional attendees needed for this request:
Mark W. Powless, General Manager
Elijah Metoxen, Elder Services Manager
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Revised: 11/15/2021
Page 1 of 2
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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:
Mark W. Powless, General Manager
Primary Requestor:
Elijah Metoxen, Elder Services Manager
Revised: 11/15/2021
Page 2 of 2
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Application for Older Americans Act, Title VI
2023-2026
Cover Memo
Elder Services would be applying for both Parts A & C of this grant Opportunity.
Title VI Part A: The purpose of Title VI of the OAA is to promote the delivery of
nutrition, supportive and caregiver services. The goal is to support the
independence and well-being of tribal elders and caregivers living in their
communities with nutrition, supportive and caregiver services consistent with
locally-determined needs.
Required nutrition services include congregate meals and home-delivered meals.
Other nutrition-related services could include nutrition counseling, nutrition
education, sponsorship of farmer’s market programs, or distribution centers for
food banks and charitable organizations. Required supportive services include
information and assistance, but these funds could also provide transportation, chore
services, and many other services that contribute to the well-being of elders.
Title VI Part C: Authorizes grants to Indian tribal organizations representing
federally recognized Tribes to provide caregiver support services. The program
helps tribes provide locally determined systems of support services for family
caregivers.
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # Leave this line blank
Older Americans Act, Title VI 2023-2026 Grant Program Application
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
and the Oneida Nation has determined that the overall goal of the Oneida Nation is to
protect, maintain and improve the standard living and the environment in which the Oneida
people live; and
WHEREAS,
that long-term care, a category that includes health promotion, homemaker services, home
chore services, grocery services, outreach, telephoning and visitations, nutrition education,
home delivered meals, congregate meals, transportation services, caregiver services and
any other in-home services, is an emerging unmet need in Indian Country; and
WHEREAS,
the Oneida Nation supports fully the efforts of the Oneida Aging & Disability Services
Department to provide these services to the elders of the Oneida Nations; and
NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee authorizes and supports the
Oneida Aging & Disability Services Department’s application to the Department of Health and Human
Services for grant support under the Older Americans Act, Title VI 2023-2026 grant program.
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Enter the e-poll results into the record regarding the adopted BC resolution 10-21-22-A Process to...
Business Committee Agenda Request
1. Meeting Date Requested:
11/30/22
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
From:
To:
Cc:
Subject:
Date:
Attachments:
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Secretary
Secretary; Tehassi Tasi Hill; Brandon L. Yellowbird-Stevens; Cristina S. Danforth; Lisa A. Liggins; Daniel P.
Guzman; David P. Jordan; Kirby W. Metoxen; Ethel M. Cornelius; Jennifer A. Webster
Danelle A. Wilson; Rhiannon R. Metoxen; Kristal E. Hill; Jo A. House; BC_Agenda_Requests
E-POLL RESULTS: Adopt resolution entitled Process to Authorize Use of Carry Over Funds
Friday, October 21, 2022 4:32:15 PM
BCAR Adopt resolution entitled Process to Authorize Use of Carry Over Funds.pdf
E-POLL RESULTS
The e-poll to adopt resolution entitled Process to Authorize Use of Carry Over Funds, has
carried. Below are the results:
Support: Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon
Stevens, Jennifer Webster
Aliskwet Ellis
Information Management Specialist
Government Administrative Office
O: 920.869.4408 • E: cellis1@oneidanation.org
P.O. Box 365 • Oneida, WI • 54155
A good mind. A good heart. A strong fire.
CONFIDENTIALITY NOTICE: This message and any included attachments are intended only for the addressee. This message
may contain privileged, confidential, or proprietary information. Unauthorized forwarding, printing, copying, distribution, or
use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please inform
us promptly by reply e-mail, then delete the e-mail and destroy any printed copy.
From: Secretary <TribalSecretary@oneidanation.org>
Sent: Thursday, October 20, 2022 8:19 AM
To: Secretary <TribalSecretary@oneidanation.org>; Tehassi Tasi Hill <thill7@oneidanation.org>;
Brandon L. Yellowbird-Stevens <bstevens@oneidanation.org>; Cristina S. Danforth
<cdanfor4@oneidanation.org>; Lisa A. Liggins <lliggins@oneidanation.org>; Daniel P. Guzman
<dguzman@oneidanation.org>; David P. Jordan <djordan1@oneidanation.org>; Kirby W. Metoxen
<KMETOX@oneidanation.org>; Ethel M. Summers <esummer1@oneidanation.org>; Jennifer A.
Webster <JWEBSTE1@oneidanation.org>
Cc: Danelle A. Wilson <dwilson1@oneidanation.org>; Rhiannon R. Metoxen
<rmetoxe2@oneidanation.org>; Kristal E. Hill <khill@oneidanation.org>
Subject: E-POLL REQUEST: Adopt resolution entitled Process to Authorize Use of Carry Over Funds
E-POLL REQUEST
Summary:
At the September 28, 2022, Oneida Business Committee meeting the following motion was adopted:
Public Packet
“Motion to direct the Chief Counsel, Chief Financial Officer and Budge Analyst to develop a resolution
that restricts the use of carry-over funding by requiring an individual resolution authorizing amount
and specific use of carry-over funds to be presented at the October 18, 2022, Oneida Business
Committee work session.”
The draft resolution was routed through the Chief Financial Officer and the Budget Analyst for
comment and presented at the October 18th BC work session. At the BC work session there was
discussion regarding the implementation date as well as the policy or use of the carry over funds. It
was determined that the resolution should have immediate effect.
Justification for E-Poll:
The Oneida Business Committee also requested that the resolution be presented via e-poll to avoid
delay in implementation. This would provide immediate protections regarding the use of the funds
and bring transparency regarding the accumulation of carry-over funds.
Requested Action:
Adopt resolution entitled Process to Authorize Use of Carry Over Funds
Deadline for response:
Responses are due no later than 4:30 p.m., Friday, October 21, 2022.
Voting:
1. Use the voting button above, if available; OR
2. Reply with “Support” or “Oppose”.
Aliskwet Ellis
Information Management Specialist
Government Administrative Office
O: 920.869.4408 • E: cellis1@oneidanation.org
P.O. Box 365 • Oneida, WI • 54155
A good mind. A good heart. A strong fire.
CONFIDENTIALITY NOTICE: This message and any included attachments are intended only for the addressee. This message
may contain privileged, confidential, or proprietary information. Unauthorized forwarding, printing, copying, distribution, or
use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please inform
us promptly by reply e-mail, then delete the e-mail and destroy any printed copy.
58 of 313
Public Packet
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Business Committee Agenda Request
1. Meeting Date Requested:
Click or tap to enter a date.
2. Session:
☒ Open ☐ Executive – must qualify under §107.4-1.
Justification: Choose or type justification.
3. Requested Motion:
☒ Accept as information; OR
Approve E-Poll Request regarding Resolution “Process for Use of Carry Over Funds”
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
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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:
Jo Anne House, Chief Counsel
Primary Requestor:
(Name, Title/Entity)
Revised: 11/15/2021
Page 2 of 2
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Jo Anne House, PhD | Chief Counsel
James R. Bittorf | Deputy Chief Counsel
Kelly M. McAndrews | Senior Staff Attorney
Law Office
Carl J. Artman
Krystal L. John
Peggy A. Van Gheem
Lydia M. Witte
MEMORANDUM
TO:
Oneida Business Committee
FROM:
Jo Anne House, Chief Counsel
DATE:
October 19, 2022
SUBJECT: E-Poll Request – Adoption of Resolution – “Process to Authorize Use of Carry
Over Funds”
At the September 28, 2022, Oneida Business Committee meeting the following motion was
adopted.
“Motion to direct the Chief Counsel, Chief Financial Officer and Budge Analyst to
develop a resolution that restricts the use of carry-over funding by requiring an individual
resolution authorizing amount and specific use of carry-over funds to be presented at the
October 18, 2022, Oneida Business Committee work session.”
The draft resolution was routed through the Chief Financial Officer and the Budget Analyst for
comment and presented at the October 18th work session. At the work session there was
discussion regarding the implementation date as well as the policy or use of the carry over funds.
It was determined that the resolution should have immediate effect. However, the policy
discussion required additional time. The Oneida Business Committee determined that separate
action regarding setting the policy regarding the use of the carry-over funds would be conducted
at future work sessions with the goal of having a policy framework developed within four to six
months.
The Oneida Business Committee also requested that the resolution be presented via e-poll to
avoid delay in implementation. This would provide immediate protections regarding the use of
the funds and bring transparency regarding the accumulation of carry-over funds.
Requested Action:
1. Approve e-poll request.
2. Motion to adopt resolution.
N7210 Seminary Road ● P.O. Box 109 ● Oneida, WI 54155 ● 920.869.4327
oneida-nsn.gov
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # Leave this line blank
Process to Authorize Use of Carry Over Funds
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
each year a budget is adopted by the Oneida Nation to guide expenditures of financial
resources of the Oneida Nation; and
WHEREAS,
at the conclusion of each fiscal year there are revenues earned that exceed expenditures
which result in “carry over funds” that are audited to identify the accuracy of the amount
and are then identified in the Investment Report located in the monthly Treasurer’s Reports;
and
WHEREAS,
carry over funds are available only once they are audited, and are allocated accordance
with General Tribal Council directives which require 25% of carry over funds from each
fiscal year to be allocated to land acquisition in accordance with the 2033 Land Acquisition
Plan, as utilized to balance budgets, or as authorized by the Oneida Business Committee
for specific projects which could occur by motion or by resolution; and
WHEREAS,
the Chief Financial Officer and the Finance Department have been working with the
Treasurer and the Oneida Business Committee to identify budgeting processes and
directions which reduce carry over funding by providing more accurate budgeting; and
WHEREAS,
over many fiscal years, the carry over funds have grown to a significant amount
representing opportunities to carry out unanticipated or planned activities that would not
ordinarily be funded or would be ordinarily be financed; and
WHEREAS,
the Oneida Business Committee, recognizing that carry over funds represent an
opportunity for many different activities, has determined that their use should be restricted
and authorized only by resolution as a method of preserving these funds for future activities
and needs of the Oneida Nation and members, especially considering the goal of reducing
carry over funds in future budgets; and
NOW THEREFORE BE IT RESOLVED, that use of carry over funds shall be required to be authorized by
adoption of a resolution by the Oneida Business Committee which states the amount to be authorized, the
purpose of the fund request, and identify the remaining balance of carry over funds.
BE IT FINALLY RESOLVED, that this resolution shall be effectively immediately upon adoption.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Process to Authorize Use of Carry Over Funds
Summary
The resolution provides that use of carry over funds shall be required to be authorized by adoption
of a resolution by the Oneida Business Committee which states the amount to be authorized, the
purpose of the fund request, and identify the remaining balance of carry over funds.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: October 19, 2022
Analysis by the Legislative Reference Office
The Budget and Finances law sets forth the requirements to be followed by the Oneida Business
Committee and the Oneida fund units when preparing the budget to be presented to the General
Tribal Council for approval, and establishes financial policies and procedures for the Nation
which:
institutionalize best practices in financial management to guide decision makers in making
informed decisions regarding the provision of services, implementation of business plans
for enterprises, investments, and capital assets;
provide a long term financial prospective and strategic intent, linking budget allocations to
organizational goals, as well as providing fiscal controls and accountability for results and
outcomes;
identify and communicate to the membership of the Nation spending decisions for the
government function, grant obligations, enterprises, membership mandates, capital
expenditures, technology projects, and capital improvement projects;
establish a framework for effective financial risk management; and
encourage participation by the Nation’s membership. [1 O.C. 121.1-1].
The Nation’s adopts a balanced budget, which does not propose to spend more funds than are
reasonably expected to become available to the Nation during that fiscal year, on an annual basis
to guide revenues and expenditures for the year. [1 O.C. 121.5-1].
At the conclusion of each fiscal year there are revenues earned that exceed expenditures which
result in “carry over funds” that are audited to identify the accuracy of the amount and are then
identified in the Investment Report located in the monthly Treasurer’s Reports Carry over funds
are available only once they are audited, and are allocated accordance with General Tribal Council
directives. The Chief Financial Officer and the Finance Department have been working with the
Treasurer and the Oneida Business Committee to identify budgeting processes and directions
which reduce carry over funding by providing more accurate budgeting. Over many fiscal years,
the carry over funds have grown to a significant amount representing opportunities to carry out
unanticipated or planned activities that would not ordinarily be funded or would be ordinarily be
financed. The Oneida Business Committee, recognizing that carry over funds represent an
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opportunity for many different activities, has determined that their use should be restricted and
authorized only by resolution as a method of preserving these funds for future activities and needs
of the Oneida Nation and members, especially considering the goal of reducing carry over funds
in future budgets.
This resolution provides that use of carry over funds shall be required to be authorized by adoption
of a resolution by the Oneida Business Committee which states the amount to be authorized, the
purpose of the fund request, and identify the remaining balance of carry over funds. This resolution
shall be effective immediately upon adoption.
The Budget and Finances law does not currently address general carry over funding, and only
addresses unexpended funds in regard to unexpended capital improvement funds and unexpended
capital expenditure funds. [1 O.C. 121.6-6].
The requirement for carry over funds to be authorized by adoption of a resolution by the Oneida
Business Committee is consistent with other processes contained in the Budget and Finances law.
Unbudgeted expenditures, as well as the approval of unbudgeted positions, are required to be
authorized by adoption of a resolution by the Oneida Business Committee. [1 O.C. 121.6-4, 121.93].
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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Enter the e-poll results into the record regarding the adopted BC resolution 10-26-22-H Extension of...
Business Committee Agenda Request
1. Meeting Date Requested:
11/30/22
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
From:
To:
Cc:
Subject:
Date:
Attachments:
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Secretary
Secretary; Tehassi Tasi Hill; Brandon L. Yellowbird-Stevens; Cristina S. Danforth; Lisa A. Liggins; Daniel P.
Guzman; David P. Jordan; Kirby W. Metoxen; Ethel M. Cornelius; Jennifer A. Webster
Danelle A. Wilson; Rhiannon R. Metoxen; Kristal E. Hill; BC_Agenda_Requests
E-POLL RESULTS: Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until
January 18, 2023
Wednesday, October 26, 2022 4:32:03 PM
BCAR Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until January 18,
2023.pdf
MC comment beyond vote.pdf
KM comment beyond vote.pdf
E-POLL RESULTS
The e-poll to adopt resolution entitled Extension of Declaration of Public Health State of
Emergency Until January 18, 2023, has carried. Below are the results:
Support: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Jennifer Webster
Oppose: Marie Cornelius
Per section 5.2.c. of the OBC SOP “Conducting Electronic Voting (E-polls)”, attached are copies
of any comment made by an OBC member beyond a vote.
Aliskwet Ellis
Information Management Specialist
Government Administrative Office
O: 920.869.4408 • E: cellis1@oneidanation.org
P.O. Box 365 • Oneida, WI • 54155
A good mind. A good heart. A strong fire.
CONFIDENTIALITY NOTICE: This message and any included attachments are intended only for the addressee. This message
may contain privileged, confidential, or proprietary information. Unauthorized forwarding, printing, copying, distribution, or
use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please inform
us promptly by reply e-mail, then delete the e-mail and destroy any printed copy.
From: Secretary <TribalSecretary@oneidanation.org>
Sent: Tuesday, October 25, 2022 10:22 AM
To: Secretary <TribalSecretary@oneidanation.org>; Tehassi Tasi Hill <thill7@oneidanation.org>;
Brandon L. Yellowbird-Stevens <bstevens@oneidanation.org>; Cristina S. Danforth
<cdanfor4@oneidanation.org>; Lisa A. Liggins <lliggins@oneidanation.org>; Daniel P. Guzman
<dguzman@oneidanation.org>; David P. Jordan <djordan1@oneidanation.org>; Kirby W. Metoxen
<KMETOX@oneidanation.org>; Ethel M. Cornelius <esummer1@oneidanation.org>; Jennifer A.
Webster <JWEBSTE1@oneidanation.org>
Cc: Danelle A. Wilson <dwilson1@oneidanation.org>; Rhiannon R. Metoxen
<rmetoxe2@oneidanation.org>; Kristal E. Hill <khill@oneidanation.org>
Subject: E-POLL REQUEST: Adopt resolution entitled Extension of Declaration of Public Health State
Public Packet
of Emergency Until January 18, 2023
E-POLL REQUEST
Summary:
The Oneida Nation Public Health State of Emergency expires on November 19, 2022.
Justification for E-Poll:
Due to the cancellation of the November 9, 2022 OBC meeting, the next scheduled OBC
meeting will not occur until after the expiration date. This request is to extend the Public
Health State Of Emergency through January 18, 2023.
Requested Action:
Adopt resolution entitled Extension of Declaration of Public Health State of Emergency
Until January 18, 2023.
Deadline for response:
Responses are due no later than 4:30 p.m., Wednesday, October 26, 2022.
Voting:
1. Use the voting button above, if available; OR
2. Reply with “Support” or “Oppose”.
Aliskwet Ellis
Information Management Specialist
Government Administrative Office
O: 920.869.4408 • E: cellis1@oneidanation.org
P.O. Box 365 • Oneida, WI • 54155
A good mind. A good heart. A strong fire.
CONFIDENTIALITY NOTICE: This message and any included attachments are intended only for the addressee. This message
may contain privileged, confidential, or proprietary information. Unauthorized forwarding, printing, copying, distribution, or
use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please inform
us promptly by reply e-mail, then delete the e-mail and destroy any printed copy.
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Public Packet
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Enter the e-poll results into the record regarding the adopted BC resolution 11-07-22-A Extension of the...
Business Committee Agenda Request
1. Meeting Date Requested:
11/30/22
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
From:
To:
Cc:
Subject:
Date:
Attachments:
69 of 313
Secretary
Secretary; Tehassi Tasi Hill; Brandon L. Yellowbird-Stevens; Cristina S. Danforth; Lisa A. Liggins; Daniel P.
Guzman; David P. Jordan; Kirby W. Metoxen; Ethel M. Cornelius; Jennifer A. Webster
Danelle A. Wilson; Rhiannon R. Metoxen; Kristal E. Hill; BC_Agenda_Requests; Clorissa N. Leeman
E-POLL RESULTS: Adopt the resolution entitled Extension of the Emergency Amendments to the Oneida
Personnel Policies and Procedures
Monday, November 7, 2022 4:32:58 PM
BCAR Adopt resolution entitled Extension of the Emergency Amendments to the Oneida Personnel Policies and
Procedures.pdf
E-POLL RESULTS
The e-poll to adopt the resolution entitled Extension of the Emergency Amendments to the
Oneida Personnel Policies and Procedures, has carried. Below are the results:
Support: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens,
Jennifer Webster
Aliskwet Ellis
Senior Information Management Specialist
Government Administrative Office
O: 920.869.4408 • E: cellis1@oneidanation.org
P.O. Box 365 • Oneida, WI • 54155
A good mind. A good heart. A strong fire.
CONFIDENTIALITY NOTICE: This message and any included attachments are intended only for the addressee. This message
may contain privileged, confidential, or proprietary information. Unauthorized forwarding, printing, copying, distribution, or
use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please inform
us promptly by reply e-mail, then delete the e-mail and destroy any printed copy.
From: Secretary <TribalSecretary@oneidanation.org>
Sent: Friday, November 4, 2022 12:21 PM
To: Secretary <TribalSecretary@oneidanation.org>; Tehassi Tasi Hill <thill7@oneidanation.org>;
Brandon L. Yellowbird-Stevens <bstevens@oneidanation.org>; Cristina S. Danforth
<cdanfor4@oneidanation.org>; Lisa A. Liggins <lliggins@oneidanation.org>; Daniel P. Guzman
<dguzman@oneidanation.org>; David P. Jordan <djordan1@oneidanation.org>; Kirby W. Metoxen
<KMETOX@oneidanation.org>; Ethel M. Cornelius <ecornel2@oneidanation.org>; Jennifer A.
Webster <JWEBSTE1@oneidanation.org>
Cc: Danelle A. Wilson <dwilson1@oneidanation.org>; Rhiannon R. Metoxen
<rmetoxe2@oneidanation.org>; Kristal E. Hill <khill@oneidanation.org>
Subject: E-POLL REQUEST: Adopt the resolution entitled Extension of the Emergency Amendments
to the Oneida Personnel Policies and Procedures
E-POLL REQUEST
Summary:
Public Packet
This resolution for consideration of adoption by the Oneida Business Committee in this
e-poll extends the emergency amendments to the Oneida Personnel Policies and
Procedures (“the Law”) for an additional six (6) month period.
On November 24, 2021, the Oneida Business Committee adopted emergency
amendments to the Law through the adoption of resolution BC-11-24-21-A to improve
the Nation’s hiring capacity and service delivery in the tight labor markets that have
resulted from the COVID-19 pandemic. After the adoption of emergency amendments to
the Law through resolution BC-11-24-21-A, it became clear that additional emergency
amendments to the Law would be necessary to clarify inconsistencies that arose as a
result of the last emergency amendments. The Oneida Business Committee then adopted
additional emergency amendments to the Law on May 11, 2022, through the adoption of
resolution BC-05-11-22-A for the purpose providing additional clarifications on the
appeal rights and payout of accrued vacation/personal time of a terminated employee in
their original probation period to improve the Nation’s hiring capacity and service
delivery in the tight labor markets that have resulted from the COVID-19 pandemic.
These emergency amendments are set to expire on November 11, 2022.
The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council
for the purpose of providing a process for the adoption or amendment of laws of the
Nation. [1 O.C. 109.1-1]. The LPA allows the Oneida Business Committee to take
emergency action where it is necessary for the immediate preservation of the public
health, safety or general welfare of the Reservation population and when enactment or
amendment of legislation is required sooner than would be possible under the LPA. [1
O.C. 109.9-5]. A public meeting and fiscal impact statement are not required for
emergency legislation. [1 O.C. 109.8-1(b) and 109.9-5(a)]. Emergency legislation takes
effect immediately upon adoption by the Oneida Business Committee, and remains
effective for a six (6) month period of time. [1 O.C. 109.9-5(b)]. The LPA provides the
possibility to extend emergency legislation for an additional six (6) months, or until the
emergency amendments expire or are permanently adopted. [1 O.C. 109.9-5(b)].
The resolution provides that the emergency amendments to this Law were, and continue
to be, necessary for the preservation of the general welfare of the Reservation population
in order to continue to simplify the Nation’s hiring selection procedures so they are more
effective so that the Nation can improve its hiring capacity and service delivery during
increasingly tight labor markets that have resulted from the COVID-19 pandemic.
Additionally, observance of the requirements under the Legislative Procedures Act for
the adoption of this Law were, and continue to be, contrary to public interest and the
process and requirements of the LPA cannot be completed in time to allow the Nation
the ability to adequately address its hiring selection procedures in the tight labor
markets resulting from the COVID-19 pandemic.
The emergency amendments to the Oneida Personnel Policies and Procedures expire on
November 11, 2022. The Legislative Procedures Act allows the Oneida Business
Committee to extend emergency amendments for a six (6) month time period. [1 O.C.
109.9-5(b)]. A six (6) month extension of the emergency amendments to the Law is being
requested to allow for the emergency amendments to remain in effect while the
Legislative Operating Committee finalizes the development of permanent amendments
to the Law to be presented to the General Tribal Council for adoption. The extension of
the emergency amendments to the Law will become effective on November 11, 2022,
when the emergency amendments as adopted through BC-05-11-22-A expire and will
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Public Packet
remain in effect for an additional six (6) month term which will end on May 11, 2023.
Justification for E-Poll:
The next Oneida Business Committee meeting is scheduled for Wednesday, November
30, 2022. The emergency amendments to the Oneida Personnel Policies and Procedures
will expire on Friday, November 11, 2022. Therefore, it is necessary for the Oneida
Business Committee to consider the extension of the emergency amendments to the
Oneida Personnel Policies and Procedures via e-poll prior to their expiration on
November 11, 2022.
Requested Action:
Adopt the resolution entitled, Extension of the Emergency Amendments to the Oneida
Personnel Policies and Procedures
Deadline for response:
Responses are due no later than 4:30 p.m., Monday, November 7, 2022.
Voting:
1. Use the voting button above, if available; OR
2. Reply with “Support” or “Oppose”.
Aliskwet Ellis
Senior Information Management Specialist
Government Administrative Office
O: 920.869.4408 • E: cellis1@oneidanation.org
P.O. Box 365 • Oneida, WI • 54155
A good mind. A good heart. A strong fire.
CONFIDENTIALITY NOTICE: This message and any included attachments are intended only for the addressee. This message
may contain privileged, confidential, or proprietary information. Unauthorized forwarding, printing, copying, distribution, or
use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please inform
us promptly by reply e-mail, then delete the e-mail and destroy any printed copy.
71 of 313
Public Packet
72 of 313
Business Committee Agenda Request
1. Meeting Date Requested:
11/4/22
2. Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Proprietary - trade secrets/commercial/financial
3. Requested Motion:
☐ Accept as information; OR
Adopt resolution entitled Extension of the Emergency Amendments to the Oneida
Personnel Policies and Procedures
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
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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: Personal Policies and Procedures
☐ 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. Leeman, LRO Senior Staff Attorney
Revised: 11/15/2021
Page 2 of 2
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Oneida Nation
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Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution #
Extension of the Emergency Amendments to the Oneida Personnel Policies and Procedures
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Personnel Policies and Procedures (“the Law”) sets forth the Nation’s various
employment related policies and procedures; and
WHEREAS,
on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” regarding COVID-19 which declared a Public Health State of Emergency for
the Nation until April 12, 2020, which was subsequently extended by the Oneida Business
Committee until January 18, 2023, through the adoption of resolutions BC-03-26-20-A, BC05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-0820-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D,
and BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-11-24-21-F,
BC-01-12-22-B, BC-03-23-22-A, BC-05-11-22-E, BC-07-13-22-F, BC-09-14-22-C, and
BC-10-26-22-H; and
WHEREAS,
the COVID-19 pandemic interrupted many business operations and had vast effects on
employment throughout the country; and
WHEREAS,
the Legislative Procedures Act authorizes the Oneida Business Committee to enact
legislation on an emergency basis when legislation is necessary for the immediate
preservation of the public health, safety, or general welfare of the Reservation population,
and the adoption of the legislation is required sooner than would be possible under the
Legislative Procedures Act; and
WHEREAS,
on November 24, 2021, the Oneida Business Committee adopted emergency amendments
to the Law through the adoption of resolution BC-11-24-21-A to improve the Nation’s hiring
capacity and service delivery in the tight labor markets that have resulted from the COVID19 pandemic; and
WHEREAS,
after the adoption of emergency amendments to the Law through resolution BC-11-24-21A, it became clear that additional emergency amendments to the Law would be necessary
to clarify inconsistencies that arose as a result of the last emergency amendments; and
WHEREAS,
the Oneida Business Committee then adopted additional emergency amendments to the
Law on May 11, 2022, through the adoption of resolution BC-05-11-22-A for the purpose
providing additional clarifications on the appeal rights and payout of accrued
vacation/personal time of a terminated employee in their original probation period, to
Public Packet
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
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BC Resolution _____________
Extension of the Emergency Amendments to the Oneida Personnel Policies and Procedures
Page 2 of 2
improve the Nation’s hiring capacity and service delivery in the tight labor markets that
have resulted from the COVID-19 pandemic; and
WHEREAS,
the emergency amendments to this Law were, and continue to be, necessary for the
preservation of the general welfare of the Reservation population in order to continue to
simplify the Nation’s hiring selection procedures so they are more effective so that the
Nation can improve its hiring capacity and service delivery during increasingly tight labor
markets that have resulted from the COVID-19 pandemic; and
WHEREAS,
observance of the requirements under the Legislative Procedures Act for adoption of the
emergency amendments to this Law were, and continue to be, contrary to public interest
and the process and requirements of the Legislative Procedures Act cannot be completed
in time to allow the Nation the ability to adequately address its hiring selection procedures
in the tight labor markets resulting from the COVID-19 pandemic; and
WHEREAS,
emergency legislation is effective for a period of six (6) months, renewable for an additional
six (6) months by the Oneida Business Committee; and
WHEREAS,
the emergency amendments to the Law will expire on November 11, 2022; and
WHEREAS,
a six (6) month extension of the emergency amendments is being requested to allow for
the emergency amendments to remain in effect while the Legislative Operating Committee
finalizes the development of permanent amendments to the Law to be presented to the
General Tribal Council for adoption; and
NOW THEREFORE BE IT RESOLVED, that the emergency amendments to the Oneida Personnel Policies
and Procedures are hereby extended for an additional six (6) month period effective November 11, 2022,
and shall expire on May 11, 2023.
Public Packet
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Extension of the Emergency Amendments to the Oneida Personnel Policies and Procedures
Summary
This resolution extends the emergency amendments to the Oneida Personnel Policies and
Procedures adopted through resolution BC-05-11-22-A for an additional six (6) months in
accordance with the Legislative Procedures Act.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: November 3, 2022
Analysis by the Legislative Reference Office
This resolution extends the emergency amendments to the Oneida Personnel Policies and
Procedures (“the Law”) for an additional six (6) month period. The Law sets forth the Nation’s
various employment related policies and procedures.
On November 24, 2021, the Oneida Business Committee adopted emergency amendments to the
Law through the adoption of resolution BC-11-24-21-A to improve the Nation’s hiring capacity
and service delivery in the tight labor markets that have resulted from the COVID-19 pandemic.
After the adoption of emergency amendments to the Law through resolution BC-11-24-21-A, it
became clear that additional emergency amendments to the Law would be necessary to clarify
inconsistencies that arose as a result of the last emergency amendments. The Oneida Business
Committee then adopted additional emergency amendments to the Law on May 11, 2022, through
the adoption of resolution BC-05-11-22-A for the purpose providing additional clarifications on
the appeal rights and payout of accrued vacation/personal time of a terminated employee in their
original probation period to improve the Nation’s hiring capacity and service delivery in the tight
labor markets that have resulted from the COVID-19 pandemic. These emergency amendments
are set to expire on November 11, 2022.
The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the
purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.
109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is
necessary for the immediate preservation of the public health, safety or general welfare of the
Reservation population and when enactment or amendment of legislation is required sooner than
would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement
are not required for emergency legislation. [1 O.C. 109.8-1(b) and 109.9-5(a)]. Emergency
legislation takes effect immediately upon adoption by the Oneida Business Committee, and
remains effective for a six (6) month period of time. [1 O.C. 109.9-5(b)]. The LPA provides the
possibility to extend emergency legislation for an additional six (6) months, or until the emergency
amendments expire or are permanently adopted. [1 O.C. 109.9-5(b)].
Page 1 of 2
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In accordance with the Emergency Management and Homeland Security law, on March 12, 2020,
Chairman Tehassi Hill signed a Declaration of Public Health State of Emergency regarding
COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020.
[3 O.C. 302.8-1]. The Public Health State of Emergency for the Nation has since been extended
until January 18, 2023, through the adoption of resolutions BC-03-26-20-A, BC-05-06-20-A, BC06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, and BC-05-12-21-A, BC06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-11-24-21-F, BC-01-12-22-B, BC-03-23-22-A,
BC-05-11-22-E, BC-07-13-22-F, BC-09-14-22-C, and BC-10-26-22-H. [3 O.C. 302.8-2]. The
COVID-19 pandemic interrupted many business operations and had vast effects on employment
throughout the country.
The resolution provides that the emergency amendments to this Law were, and continue to be,
necessary for the preservation of the general welfare of the Reservation population in order to
continue to simplify the Nation’s hiring selection procedures so they are more effective so that the
Nation can improve its hiring capacity and service delivery during increasingly tight labor markets
that have resulted from the COVID-19 pandemic.
Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of this Law were, and continue to be, contrary to public interest and the process and
requirements of the LPA cannot be completed in time to allow the Nation the ability to adequately
address its hiring selection procedures in the tight labor markets resulting from the COVID-19
pandemic.
The emergency amendments to the Oneida Personnel Policies and Procedures expire on November
11, 2022. The Legislative Procedures Act allows the Oneida Business Committee to extend
emergency amendments for a six (6) month time period. [1 O.C. 109.9-5(b)]. A six (6) month
extension of the emergency amendments to the Law is being requested to allow for the emergency
amendments to remain in effect while the Legislative Operating Committee finalizes the
development of permanent amendments to the Law to be presented to the General Tribal Council
for adoption.
The extension of the emergency amendments to the Law will become effective on November 11,
2022, when the emergency amendments as adopted through BC-05-11-22-A expire and will
remain in effect for an additional six (6) month term which will end on May 11, 2023.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws
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ONEIDA NATION
PERSONNEL POLICIES AND PROCEDURES MANUAL
Table of Contents (Last update 5/11/22)
SECTION I INTRODUCTION ................................................................................................................... 2
SECTION II ‐ RECRUITING ...................................................................................................................... 3
SECTION III – SELECTION POLICY........................................................................................................... 6
SECTION IV – COMPENSATION AND BENEFITS .................................................................................... 13
SECTION V – EMPLOYEE RELATIONS ................................................................................................... 19
SECTION VI – SAFETY AND HEALTH..................................................................................................... 28
SECTION VII – PROGRAM/ENTERPRISE RULES & REGULATIONS .......................................................... 29
SECTION VIII ‐ RECORDKEEPING ......................................................................................................... 30
SECTION IX – PRIVACY AND CONFIDENTIALITY OF EMPLOYEE RECORDS ............................................. 31
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SECTION I – INTRODUCTION
Welcome to the Oneida Nation. We are pleased to have you join us as a partner on a team of
individuals dedicated to providing quality service that enhances the quality of life of the Oneida
community. The role you play in your position is important to the overall effort required by your
department to meet the goals and objectives of the Oneida Nation. We encourage you to take
advantage of the opportunities presented to you, as an employee, to grow and develop both
personally and professionally.
The purpose of this "Employee Manual" is to provide you with a ready source of information about
employee related Oneida Nation policies and procedures. Although we have tried to make this
manual as comprehensive as possible; it does not, and cannot, include policies which address
every situation that may arise. The Oneida Nation reserves the right to modify, alter, change or
cancel existing policies and procedures or adopt new procedures and policies at any time.
The policies and procedures set forth in this manual apply to all employees. As an employee of the
Oneida Nation, you are required to know and abide by these policies and procedures. Oneida
Nation departments may have specific and additional procedures enhancing the general policies
stated in this manual. Each employee is expected to learn his/her department’s procedures and
comply with them. In the event of any conflict between policies in this manual and departmental
procedure, the policies in this manual supersede. Each employee is also expected to conform to
the professional standards of his/her occupation. Questions regarding this manual, or any
employee related policies, should be directed to your supervisor, department head, or to the
Human Resources Department at (920) 496-7900.
The Oneida Nation is proud to have you on our staff and we look forward to a fulfilling and
successful team relationship.
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SECTION II - RECRUITING
A. RECRUITING
1. Recruiting Strategy
a. The Oneida Nation shall implement a Recruiting Strategy to increase the potential for
hiring the best-qualified and most capable employees possible.
1) The Recruiting Strategy shall target, as the first priority, applicants in accordance
with the Oneida and Indian Preference Policy.
2) The Recruiting Strategy shall have a nationwide focus and will use:
a) The Kalihwisaks (national distribution);
b) The Oneida Higher Education Office's network of post-secondary school
students;
c) Local and regional media and public employment agencies.
2. Applicant Pool
a. The Oneida Nation shall establish and maintain an Applicant Pool consisting of
individuals who have expressed an interest in working for the Oneida Nation.
1) The Applicant Pool will consist of files containing:
a) An Oneida Nation Application Form;
b) A summary of career goals and job preferences.
2) The Applicant Pool will be regularly reviewed to:
a) Update individual files:
b) Remove files where indicated.
3) The Applicant Pool will be cross-referenced by job preferences.
a) Notices of job vacancies and an Application Form will be sent to all Applicant
Pool members as appropriate.
4) All Applicant Pool members shall have the right to review and update their file
upon request.
5) Applicant Pool members shall be apprised of the Nation's Indian Preference
Policy.
B. LABOR POOLS
1. Supervisors that wish to establish a job classification as a Labor Pool Position will work
with the HRD to establish the job classification.
2. Each Labor Pool Position shall be advertised as on-going recruitment pool. The HRD shall
maintain an updated list of qualified candidates for each Labor Pool Position.
3. The HRD will accept all job applications and verify that each applicant is qualified
according to the established job description. All qualified applicants will then be placed
in a pool according to the Nation's Oneida and Indian Preference Policy and the date the
application was received. All applicants will be notified of acceptance into or rejection
from the pool.
a. PRESCREENING OF LABOR POOL POSITIONS (HR Interpretation 11-13-12) Applicants who
were previously employed by the Oneida Nation and were terminated for reasons of
misconduct or performance issues will be screened out for a period of twelve (12)
months following the date of discharge.
4. The HRD will keep an updated list of qualified applicants for each job position.
5. When a vacancy occurs in a Labor Pool Position, the supervisor will notify the HRD of the
position to be filled. The HRD Office shall then refer the top three (3) applicants to the
immediate supervisor. The top three applicants shall be based first on the Oneida and
Indian Preference Policy and, second, the date an application was received. The
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immediate supervisor will notify the HRD of their selection and the HRD will then offer
the position to the applicant. After the position is filled, all ranked candidates will move
up on the list. (HR Interpretation 7-11-13)
6. If the applicant refuses the position, the HRD Office will then offer it to the next applicant
until the position is filled.
7. If the applicant refuses the job, the applicant may withdraw from the Labor Pool or, if he
or she declines to withdraw from the Labor Pool, the date of refusal will be considered
the date the application was received and the applicant will be placed in the Labor Pool
list according to B.3.
8. Indian (Oneida) Preference will be adhered to in all hiring decisions.
C. EMERGENCY/TEMPORARY POSITIONS
1. The HRD will periodically recruit individuals who are interested in filling temporary
positions which consist of the following classifications:
a. Emergency/Temp
b. Limited Term
c. Seasonal
d. Substitute/Relief
e. Youth Worker
f. Student/Intern
2. Creation of Positions
a. Creation of positions in the above Temporary Employee Classifications will require
that these positions be budgeted for the current fiscal year, or proof through
documentation that the budget is adequate to incorporate these positions.
b. The positions must be developed in conjunction with the HRD; assuring that all
Policies and Procedures are adhered to. Creation of temporary classification requires
the approval of the Director, Area Manager, and HRD Manager, or elected official of
the Oneida Nation.
c. All newly created temporary positions must be processed through the Wage and
Salary system before a position can be filled with a temporary employee.
3. Recruitment/Selection
a. Recruitment/selection of applicants for all temporary positions requires a completed
Temporary Personnel Requisition form with an updated job description attached.
b. The HRD will provide a list of qualified candidates according to the job descriptions
to the immediate supervisor. The immediate supervisor will select from the approved
list adhering to Indian Preference.
c. The HRD will contact the selected candidate and offer the position, following the
proper procedures to put the incumbent on payroll.
d. The selected candidate will sign a statement accepting conditions of temporary
employment, and length of employment where applicable.
e. Temporary employees will be paid within the Grade in which the job is classified and
salary will be negotiated within the first three (3) steps of respective grade.
1) Any negotiated salary beyond step three will require written justification and
approval from the respective General Manager. (H.R. Interpretation, 12-8-16)
f. Temporary employees are welcome to apply for any regular position within the
Nation that becomes available during the term of their employment.
g. Temporary employees that are terminated due to documented cause will have the
right to the appeal process as outlined in the Personnel Policies and Procedures.
h. All temporary employees are subject to lay-off based upon department job needs
and budgets. (HR Interpretation – 11-25-13)
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i.
Supervisors are required to do proficient planning within their respective span of
control; as such they must also enforce separation dates and will be monitored by
HRD for compliance.
j. Supervisors must select the most appropriate category of classification for the job.
1) Moving from one classification to another is prohibited.
4. Benefits
a. The following employee classifications will be eligible for benefits as defined in the
section of the Personnel Policies and Procedures as medical, dental, vacation and
personal accrual, holiday pay, premium pay.
1) Limited Term
2) Seasonal
b. The following employee classifications will be eligible for benefits as defined in this
section of the Personnel Policies and Procedures as Mandatory Benefits and Holiday
pay.
1) Emergency/Temporary
2) Substitute/Relief
3) Seasonal Worker (only during their first season)
c. The following employee classifications will be eligible for benefits as defined in this
section of the Personnel Policies and Procedures as Mandatory Benefits.
1) Youth Worker
2) Student/Intern
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SECTION III – SELECTION POLICY
A. ONEIDA PREFERENCE AND INDIAN PREFERENCE STATEMENT OF POLICY
Federal policy since 1834 accords hiring preference to Indians. The purpose of this
preference is threefold: 1) to give Indians a greater participation in self-government; 2)
to further the Government's trust obligation; and 3) to increase the positive effect of
having Indians administer matters that affect Indian tribal life. (GTC Resolution – 5-23-11-A)
More recently, legislation such as the Civil Rights Act (1964) and the Education
Amendments of 1972 (passed after the Equal Employment Opportunity Act) continued
to specifically provide for preferential hiring of Indians by Indian Nations.
As an employer, the Nation seeks to employ individuals who possess the skills, abilities
and background to meet the employment needs of the Nation.
As a sovereign Indian Nation and a unique cultural group, the Oneida Nation has
determined that a highly desirable employment characteristic is knowledge of Oneida
culture. Further, the Nation recognizes the unique, shared culture of Native American
Indians and has determined that a desirable employment characteristic is status as a
member or descendant of a federally recognized tribe. At a minimum, the Nation has
determined that some knowledge of Indian culture is a desirable employment
characteristic.
Accordingly, the Oneida Nation establishes the following policy in regard to Indian
Preference for selecting employees to provide services that meet the needs of the
Oneida people. This Indian Preference policy shall be specific to staffing decisions made
under the Personnel Policies and Procedures and shall not be construed to have an
application outside of these policies and procedures.
1
2
3
4
5
The Oneida Nation is an equal employment opportunity employer and follows nondiscriminatory policies and procedures in personnel decisions (HR Interpretation 5-19-14) The
Oneida Nation exists to serve the needs of the Oneida people and therefore accords
Oneida Preference to enrolled members of the Oneida Nation where such preference is
not otherwise prohibited. All General Managers and top administrative positions, as
defined by HRD in a standard operating procedure, shall be held by enrolled members of
the Oneida Nation. In all other instances, the Nation applies the following priorities of
Indian Preference in staffing decisions:
Enrolled members of the Oneida Nation;
Individuals eligible for enrollment in the Oneida Nation;
Documented first generation descendants of the Oneida Nation;
Members or descendants of a federally recognized tribe;
Other (non-Indian). (HR Interpretation – 6-24-11)
This policy shall apply in decisions where the basic requirements for employment are
met.
B. HIRING PROCEDURE
1 Statement of Policy
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a. The Oneida Nation is an equal employment opportunity employer and follows
nondiscriminatory policies in hiring.
b. The Oneida Nation is a firm advocate of the 1964 Civil Rights Act (as amended) and
the 1968 Indian Civil Rights Act (as amended) and will make every effort to ensure
compliance with each Act; however:
c. The Oneida Nation follows the principles of Indian Preference in the implementation
of hiring practices (see the Oneida Preference and Indian Preference Statement of
Policy).
2. Hiring Guidelines
a. All Supervisors of the Oneida Nation shall undergo periodic training in EEO and laws,
rules, and regulations of the Nation.
b. Personnel Commission Role
1) The Oneida Nation established the Personnel Commission to represent the
Oneida Community-at-large in the selection of employees of the Nation.
a) The Personnel Commission is directed to:
i. Seek out the best-matched applicants for each available position;
ii. Consider only job-related factors (such as education, experience, past
performance, skills and abilities, and compatibility with the position and
potential co-workers) when selecting candidates; and
iii. Comply with the Oneida Personnel Commission Bylaws.
c. Identification of Vacancies and Development of Position Descriptions (Work Standard, 1116-11)
1)
Supervisors may inform the HRD Office of pending vacancies as soon as they are
identified.
2) For new and existing positions, the HRD Representative, the supervisor and the
Area Manager (at their option) shall review the position description to ensure
compliance with:
a) The Nation’s employment structure; and
b) The needs and requirements of the position.
3) All position descriptions shall follow the outlined structure.
d. Applications
1) All inquiries for position vacancies shall be responded to with an application.
2) All applications shall be submitted online.
3) All applications shall be acknowledged.
e. Advertising
1) Position vacancies shall be advertised as widely as possible. Advertising efforts
may include, but not be limited to the following:
a) The Kalihwisaks;
b) The Oneida Nation website;
c) Oneida Nation social media platforms;
d) Electronic communications or alerts;
e) Mailings;
f) Statewide, through print and electronic media and public employment
agencies;
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g)
f.
Through targeted recruiting efforts including:
i. The Bureau of Indian Affairs;
ii. The Oneida Higher Education Office.
h) Other postings targeted toward special recruiting categories (such as
professions) shall be carried out at the discretion of HRD with the advice and
consent of the affected department.
2) A position vacancy shall be posted for a minimum of seven (7) calendar days and
shall be open to the general public, unless the position is required to be filled by
an enrolled Oneida Nation member.
3) All vacancies requiring re-posting shall be referred back to B-2.c (Identification of
Vacancies and Development of Position description) to begin the re-posting
process.
Screening (HR Interpretation 11-16-12) (HR Interpretation 10-22-12)
1) Applicants who are enrolled members of the Oneida Nation shall be screened
and interviewed prior to any other applicants. If the screening and interviewing
of the applicants who are enrolled members of the Oneida Nation did not result
in the position vacancy being filled, then all other applicants may be screened
and interviewed.
2) A Screening Committee consisting of the HRD Representative, the position
supervisor, the Area Manager (at their option), and a member of the Personnel
Commission shall be convened to conduct the screening of applicants. The
Screening process shall begin as soon as practical following the closing of the
position. The Screening Committee shall:
a) Verify that all applications were submitted on time.
b) Applications that are incomplete or were not submitted on or before the
posted deadline date may be screened out.
c) Analyze the position description to establish screening criteria. These criteria
shall include qualifications listed on the position description determined by
the supervisor and HRD Representative to be essential to the position. (T.O.E.
WS - 5-6-13)
d)
e)
Screen and identify a list of applicants to be interviewed.
Ensure there are no applicants ineligible for employment with the Nation
due to termination or resignation in accordance with the applicable
standard operating procedure developed by HRD.
3) No person shall be recommended for a position if nepotism is created. Nepotism
is created by the following relationships that are created by birth, marriage, or
through another legally recognized means:
a) Spouse;
b) Child;
c) Parent;
d) Sibling;
e) Grandparent;
f) Great-grandparent;
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g) Grandchild; and
h) Guardian.
4) No person shall be recommended for a position if a conflict of interest is created.
Conflict of interest is defined as:
a) any interest, real or apparent, whether it be personal, financial, political, or
otherwise, in which an elected official, officer, political appointee, employee,
contractor, or appointed or elected member, or their immediate family
members, friends or associates, or any other person with whom they have
contact, have that conflicts with any right of the Nation to property,
information, or any other right to own and operate activities free from
undisclosed competition or other violation of such rights of the Nation.
b) any financial or familial interest an elected official, officer, political appointee,
employee, contractor, or appointed or elected member or their immediate
family members may have in any transaction between the Nation and an
outside party
5) The HRD Representative and supervisor shall construct an interview format
consisting of:
a) A set of questions related to the screening criteria qualifications; and
b) An interview rating scale designed to objectively evaluate each applicant’s
qualifications.
6) The HRD Office shall arrange for interviews with the listed applicants.
g. Applicant Interviews
1) An Interview Committee shall be convened consisting of the members of the
Screening Committee and a second member of the Personnel Commis
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