# Oneida Business Committee (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Abe40a87f86767990 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 313 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 Page 1 of 7 November 30, 2022 Public Packet VI. VII. VIII. 2 of 313 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 Page 2 of 7 November 30, 2022 Public Packet X. 3 of 313 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 Oneida Business Committee Regular Meeting Agenda Page 3 of 7 November 30, 2022 Public Packet 4 of 313 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 Oneida Business Committee Regular Meeting Agenda Page 4 of 7 November 30, 2022 Public Packet 5 of 313 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 Page 5 of 7 November 30, 2022 Public Packet 6 of 313 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 Page 6 of 7 November 30, 2022 Public Packet 7 of 313 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 Page 7 of 7 November 30, 2022 Public Packet 8 of 313 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 9 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 – 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. Public Packet 10 of 313 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 11 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 – 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 14 of 313 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 Public Packet 15 of 313 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. Oneida Business Committee Regular Meeting Minutes Page 1 of 15 October 26, 2022 Public Packet 16 of 313 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 Oneida Business Committee Regular Meeting Minutes Page 2 of 15 October 26, 2022 Public Packet 17 of 313 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 Oneida Business Committee Regular Meeting Minutes Page 3 of 15 October 26, 2022 Public Packet 18 of 313 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 Oneida Business Committee Regular Meeting Minutes Page 4 of 15 October 26, 2022 Public Packet 19 of 313 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 Regular Meeting Minutes Page 5 of 15 October 26, 2022 Public Packet 20 of 313 DRAFT 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 Regular Meeting Minutes Page 6 of 15 October 26, 2022 Public Packet 21 of 313 DRAFT 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 Regular Meeting Minutes Page 7 of 15 October 26, 2022 Public Packet 22 of 313 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 8 of 15 October 26, 2022 Public Packet 23 of 313 DRAFT 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 Regular Meeting Minutes Page 9 of 15 October 26, 2022 Public Packet 24 of 313 DRAFT 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 Regular Meeting Minutes Page 10 of 15 October 26, 2022 Public Packet 25 of 313 DRAFT 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 Regular Meeting Minutes Page 11 of 15 October 26, 2022 Public Packet 26 of 313 DRAFT 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 Regular Meeting Minutes Page 12 of 15 October 26, 2022 Public Packet 27 of 313 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 Page 13 of 15 October 26, 2022 Public Packet 28 of 313 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 Page 14 of 15 October 26, 2022 Public Packet 29 of 313 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 Public Packet 30 of 313 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 Public Packet 31 of 313 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 Page 1 of 2 November 14, 2022 Public Packet 32 of 313 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 Page 2 of 2 November 14, 2022 Public Packet 33 of 313 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 Page 1 of 2 Public Packet 34 of 313 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 Page 2 of 2 Public Packet 35 of 313 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: 1. 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 Page 1 of 2 Public Packet  36 of 313 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 Page 2 of 2 Public Packet Oneida Nation 37 of 313 Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Adoption of the Oneida Nation Assistance Fund Law 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 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 Public Packet 42 43 44 45 46 47 48 49 50 38 of 313 BC Resolution _____________ Adoption of the Oneida Nation Assistance Fund Law Page 2 of 2 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. Public Packet 39 of 313 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 Page 1 of 2 Public Packet 40 of 313 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. Page 2 of 2 Public Packet 41 of 313 Analysis to Draft 1 for OBC Consideration 2022 11 02 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 1 2 3 4 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 Page 1 of 5 Public Packet 42 of 313 Analysis to Draft 1 for OBC Consideration 2022 11 02 5 6 7 8 9 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. 10 11 12 13 14 15 16 17 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. 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 44 45 46 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. Page 2 of 5 Public Packet 43 of 313 Analysis to Draft 1 for OBC Consideration 2022 11 02 47 48 49 50 51 52 53 54 55 56 57 58 59 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. 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 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; Page 3 of 5 Public Packet 44 of 313 Analysis to Draft 1 for OBC Consideration 2022 11 02 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126  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]. 127 128 129 130 131 132 133 134 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]. Page 4 of 5 Public Packet 135 136 137 45 of 313 Analysis to Draft 1 for OBC Consideration 2022 11 02 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]. 138 SECTION 7. OTHER CONSIDERATIONS 139 A. Deadline for Permanent Adoption of Legislation. The emergency adoption of this Law will expire six 140 (6) months after adoption on December 8, 2022. The emergency legislation may be renewed for an 141 additional six (6) month period. 142  Conclusion: The Legislative Operating Committee will need to consider the development and 143 adoption of this Law on a permanent basis within the next six (6) to twelve (12) months. 144 A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all 145 legislation except emergency legislation. [1 O.C. 109.6-1].Fiscal Impact statements may be prepared 146 by any agency who may receive funding if the legislation is enacted, any agency who may administer 147 a program if the legislation is enacted, any agency who may have financial information concerning the 148 subject matter of the legislation, or by the Finance Office, upon request of the Legislative Operating 149 Committee. [1 O.C. 109.6-1(a)-(b)]. Oneida Business Committee resolution BC-10-28-20-A entitled, 150 Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act, provides further 151 clarification on who the Legislative Operating Committee may direct complete a fiscal impact 152 statement at various stages of the legislative process, as well as timeframes for completing the fiscal 153 impact statement. 154  Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact 155 statement be completed. 156 Page 5 of 5 Public Packet 1003.1. Purpose and Policy 1003.2. Adoption, Amendment, Repeal 1003.3. Definitions 1003.4. Establishment 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 46 of 313 Draft 1 for OBC Consideration 2022 11 23 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 Public Packet 47 of 313 Draft 1 – PM Draft 2022 08 25 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 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 Public Packet 48 of 313 Draft 1 – PM Draft 2022 08 25 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 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 Public Packet 49 of 313 Draft 1 – PM Draft 2022 08 25 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 (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 Public Packet Oneida Nation 50 of 313 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 Public Packet Oneida Nation 51 of 313 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 Public Packet 52 of 313 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 Public Packet 53 of 313 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 Public Packet 54 of 313 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. Public Packet 55 of 313 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. Public Packet 56 of 313 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: 57 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; 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 Sent: Thursday, October 20, 2022 8:19 AM To: 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. Summers ; Jennifer A. Webster Cc: Danelle A. Wilson ; Rhiannon R. Metoxen ; Kristal E. Hill 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 59 of 313 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 Public Packet 60 of 313 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 Public Packet 61 of 313 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 Public Packet 62 of 313 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Oneida, WI 54155 BC Resolution # 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. Public Packet 63 of 313 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 Page 1 of 2 Public Packet 64 of 313 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. Page 2 of 2 Public Packet 65 of 313 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: 66 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 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 Sent: Tuesday, October 25, 2022 10:22 AM To: 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 Cc: Danelle A. Wilson ; Rhiannon R. Metoxen ; Kristal E. Hill 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. 67 of 313 Public Packet 68 of 313 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 Amend [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Abe40a87f86767990. Public record. Not legal advice.