Oneida Business Committee (2020)
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Public Packet
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Oneida Business Committee
Executive Session
10:00 AM Tuesday, January 21, 2020
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 AM Wednesday, January 22, 2020
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.
Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members
of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and
present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.
I.
CALL TO ORDER
II.
OPENING
A.
Special recognition for years of service
Sponsor: Geraldine Danforth, Area Manager/Human Resources
B.
Presentation of grants to Exxon/Mobil Education Alliance program recipients
Sponsor: Michele Doxtator, Area Manager/Retail Profits
III.
ADOPT THE AGENDA
IV.
OATH OF OFFICE
V.
A.
Oneida Nation Arts Board - Amy L. Wilde
Sponsor: Lisa Summers, Secretary
B.
Oneida Election Board Ad Hoc Committee (GTC duties) - Candace House, Kalene
White, and Tonya Webster
Sponsor: Lisa Summers, Secretary
MINUTES
A.
Approve the Janaury 8, 2020, regular Business Committee meeting minutes
Sponsor: Lisa Summers, Secretary
Oneida Business Committee
Regular Meeting Agenda
Page 1 of 5
January 22, 2020
Public Packet
VI.
VII.
VIII.
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RESOLUTIONS
A.
Adopt resolution entitled Modifying the Oneida Business Committee Regular
Meeting Schedule
Sponsor: Lisa Summers, Secretary
B.
Adopt resolution entitled Real Property Law Emergency Amendments
Sponsor: David P. Jordan, Councilman
APPOINTMENTS
A.
Determine next steps regarding one (1) vacancy - Oneida Airport Hotel Corporation
Board of Directors
Sponsor: Lisa Summers, Secretary
B.
Determine next steps regarding three (3) vacancies - Oneida Youth Leadership
Institute Board
Sponsor: Lisa Summers, Secretary
STANDING COMMITTEES
A.
B.
IX.
FINANCE COMMITTEE
1.
Accept the December 30, 2019, regular Finance Committee meeting minutes
Sponsor: Trish King, Treasurer
2.
Accept the January 13, 2020, regular Finance Committee meeting minutes
Sponsor: Trish King, Treasurer
LEGISLATIVE OPERATING COMMITTEE
1.
Accept the December 18, 2019, regular Legislative Operating Committee
meeting minutes
Sponsor: David P. Jordan, Councilman
2.
Accept the Sanctions and Penalties for Elected Officals law materials and add
to the tentatively scheduled March 16, 2020, special General Tribal Council
meeting agenda
Sponsor: David P. Jordan, Councilman
TRAVEL REPORTS
A.
Approve the travel report - Councilman Kirby Metoxen - 2020 AIANTA Board retreat Palm Springs, CA - January 6-9, 2020
Sponsor: Kirby Metoxen, Councilman
Oneida Business Committee
Regular Meeting Agenda
Page 2 of 5
January 22, 2020
Public Packet
X.
XI.
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TRAVEL REQUESTS
A.
Approve the travel request - Councilman David P. Jordan - Census 2020 Tribal
Forum - Milwaukee, WI - January 22-23, 2020
Sponsor: David P. Jordan, Councilman
B.
Approve the travel request - Councilman David P. Jordan - Tribal Transportation
Program Coordinating Committee conference - Albuquerque, NM - February 3-7,
2020
Sponsor: David P. Jordan, Councilman
C.
Approve the travel request - Up to three (3) Business Committee members - MAST
Impact Week 2020 - Washington DC - March 16-21, 2020
Sponsor: Lisa Summers, Secretary
D.
Approve the travel request - Councilwoman Jennifer Webster - Administration of
Children & Families Tribal Advisory Committee meetings - March-December 2020
Sponsor: Jennifer Webster, Councilwoman
NEW BUSINESS
A.
Approve the agreement - Outagamie County Department of Health and Human
Services - file # 2020-0057
Sponsor: Debbie Thundercloud, General Manager
B.
Review the Poker Rules of Play and determine appropriate next steps
Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission
C.
Review five (5) Rules of Play and determine appropriate next steps
Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission
1.
EZ Baccarat
2.
Four Card Poker
3.
Mississippi Stud
4.
Ultimate Texas Hold’em
5.
Roulette
D.
Review the Surveillance (Chapter 15) Oneida Gaming Minimum Internal Controls and
determine appropriate next steps
Sponsor: Mark A. Powless Sr., Chair, Oneida Gaming Commission
E.
Review the Card Games (Chapter 9) Oneida Gaming Minimum Internal Controls and
determine appropriate next steps
Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission
F.
Re-post one (1) vacancy - Oneida Community Library Board
Sponsor: Lisa Summers, Secretary
Oneida Business Committee
Regular Meeting Agenda
Page 3 of 5
January 22, 2020
Public Packet
XII.
XIII.
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GENERAL TRIBAL COUNCIL
A.
Approve four (4) requested actions - Petitioner Nancy Dallas re: Hold on building
Sponsor: Lisa Summers, Secretary
B.
Approve four (4) requested actions - Petitioner Nancy Dallas re: Make a funeral
home
Sponsor: Lisa Summers, Secretary
C.
Approve the notice and the packet for the March 16, 2020, tentatively scheduled
special GTC meeting
Sponsor: Lisa Summers, Secretary
EXECUTIVE SESSION
A.
REPORTS
1.
Accept the Community and Economic Development Division FY-2020 1st
quarter executive report (11:30 a.m.)
Sponsor: Debbie Thundercloud, General Manager
2.
Accept the Comprehensive Health Division FY-2020 1st quarter executive
report (1:30 p.m.)
Sponsor: Debbie Thundercloud, General Manager
3.
Accept the Comprehensive Housing Division FY-2020 1st quarter executive
report (2:00 p.m.)
Sponsor: Debbie Thundercloud, General Manager
4.
Accept the Environmental, Health, Safety and Land Division FY-2020 1st
quarter executive report (2:30 p.m.)
Sponsor: Debbie Thundercloud, General Manager
5.
Accept the Governmental Services Division FY-2020 1st quarter executive
report (3:00 p.m.)
Sponsor: Debbie Thundercloud, General Manager
6.
Accept the Internal Services Division FY-2020 1st quarter executive report
(3:30 p.m.)
Sponsor: Debbie Thundercloud, General Manager
7.
Accept the Public Works Division FY-2020 1st quarter executive report (4:00
p.m.)
Sponsor: Debbie Thundercloud, General Manager
8.
Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
9.
Accept the General Manager report
Sponsor: Debbie Thundercloud, General Manager
Oneida Business Committee
Regular Meeting Agenda
Page 4 of 5
January 22, 2020
Public Packet
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10.
B.
C.
XIV.
Accept the Intergovernmental Affairs, Communications, and Self-Governance
January 2020 report
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
AUDIT COMMITTEE
1.
Determine next steps regarding the Information Technology Compliance
Audit follow-up request
Sponsor: David P. Jordan, Councilman
2.
Determine next steps regarding the Tickets & Merchandise Distribution
follow-up audit
Sponsor: David P. Jordan, Councilman
NEW BUSINESS
1.
Review application(s) for one (1) vacancy - Oneida Airport Hotel Corporation
Board of Directors
Sponsor: Lisa Summers, Secretary
2.
Review application(s) for three (3) vacancies - Oneida Youth Leadership
Institute Board
Sponsor: Lisa Summers, Secretary
3.
Review and approve 2020 Annual Project Targets with BC DR10
Sponsor: OBC Officers
4.
Approve the attorney contract - Hobbs Straus Dean and Walker LLP - file #
2019-1383
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and
Open Meetings law (§ 107.14.)
The meeting packet of the open session materials for this meeting is available by going to the Oneida
Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364
or (800) 236-2214
Oneida Business Committee
Regular Meeting Agenda
Page 5 of 5
January 22, 2020
Public Packet
Special recognition for years of service
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Public Packet
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Public Packet
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1st Quarter Years of Service Recipients
October - December, FY 2020
Name
Emp #
Supervisor Name
ADOH
Years
CLUCKEY,RICHARD D
763
BUCKLEY,JOANIE L
Oct 15, 1984
35
METOXEN,BARBARA R
5562
SMITH,DELIA M
Oct 16, 1984
35
KING,ELLEN
405
NINHAM,JEANETTE L
Oct 29, 1984
35
SKENANDORE,SARA A
2599
ANDERSON,JENNIFER J
Oct 1, 1994
25
LAWE,JESSIE P
5801
SKENANDORE,JR,ARTLEY M
Oct 3, 1994
25
CHARLES,ROXANNE L
8165
DANFORTH,SUSAN M
Oct 4, 1994
25
KRIESCHER,MARI J
1954
VIR,RAVINDER
Oct 5, 1994
25
RICHMOND,COREY J
8090
REED,WILLIAM J
Nov 13, 1994
25
BECKER,LAURIE J
2860
BERG-HARGROVE,JENNIFER S
Nov 21, 1994
25
SKENANDORE,TANYA M
2862
TORREZ,THERESA M
Dec 7, 1994
25
JOHNSON,BERNARD W
3119
SMITH,WESLEY J
Dec 21, 1994
25
Declined
Declined - Blanket #2
Declined - Blanket #3
Yes - Blanket #1
Yes - Blanket #3
Declined - Blanket #3
Yes - Blanket #3
Yes - Blanket #3
Yes - Blanket #2
Yes - Blanket #1
Rem sent 12-13, 12-20, 1-2
Public Packet
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Presentation of grants to Exxon/Mobil Education Alliance program recipients
Approved by: Michele Doxtator, Area Manager/Retail Profits
Public Packet
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Public Packet
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Oneida Business Committee Agenda Request
Oneida Nation Arts Board - Amy L. Wilde
1. Meeting Date Requested:
1
/ 22 / 20
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Amy L. Wilde for the Oneida Nation Arts Board.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Secretary
Primary Requestor/Submitter:
Brooke Doxtator, BCC Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
On January 8, 2020 the Oneida Business Committee appointed Amy L. Wilder to the Oneida Nation Arts Board.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Public Packet
13 of 254
Oneida Business Committee Agenda Request
Oneida Election Board Ad Hoc Committee (GTC duties) - Candace House, Kalene White, and Tonya...
1. Meeting Date Requested:
1
/ 22 / 20
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Candace House, Kalene White, and Tonya Webster for the Oneida Election Board
Ad Hoc Committee.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Secretary
Primary Requestor/Submitter:
Brooke Doxtator, BCC Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
14 of 254
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
On January 8, 2020 the Oneida Business Committee appointed Candace House, Kalene White, and Tonya
Webster to the Oneida Election Board Ad Hoc Committee.
According to the Oneida Election Board bylaws §2-6 (c) Upon appointment, members of the Ad Hoc Committee
must take an oath during a regular or special meeting of the Oneida Business Committee.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Public Packet
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Approve the Janaury 8, 2020, regular Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
01/22/20
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Contract Document(s) ☐ Legal Review
☐ Correspondence
☒ Minutes
☐ Fiscal Impact Statement ☐ Report
☐ Other: Describe
☐ Resolution
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Summers, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
LLIGGINS
☐ Unbudgeted
Public Packet
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DRAFT
Oneida Business Committee
Executive Session
8:30 AM Tuesday, January 07, 2020
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 AM Wednesday, January 08, 2020
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
EXECUTIVE SESSION
Present: Chairman Tehassi Hill, Treasurer Trish King, Secretary Lisa Summers, Council members:
David P. Jordan, Ernie Stevens III, Jennifer Webster;
Not Present: Council members: Daniel Guzman King and Kirby Metoxen;
Arrived at: Vice-Chairman Brandon Stevens at 8:32 a.m.;
Others present: Jo Anne House, Larry Barton, Lisa Liggins;
REGULAR MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Council
members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster;
Not Present: Council members: Daniel Guzman King and Kirby Metoxen;
Arrived at: Secretary Lisa Summers at 9:02 a.m.;
Others present: Jo Ann House, Larry Barton, Debbie Thundercloud, Lisa Liggins, Katrina Mungo,
Florence Petri, Delia Smith, Don Miller, Michelle Gordon, Lois Strong, Marlene Summers, Carey Gleason,
Brandon Wisneski, Clorissa Santiago, Melanie Burkhart, Racquel Hill, James Petitjean, Paul Witek, Laura
Laitinen-Warren, Brooke Doxtator, Trina Schuyler;
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 8:31 a.m.
For the record: Secretary Lisa Summers will be arriving late. Councilmembers Daniel Guzman King
and Kirby Metoxen are on pre-approved vacation.
II.
OPENING
Opening provided by Chairman Tehassi Hill.
III.
ADOPT THE AGENDA (00:04:00)
Motion by Jennifer Webster to adopt the agenda with three (3) noted changes [1) under New Business,
add item G. Approve a limited waiver of sovereign immunity - Brown County-Human Services
Department documents - file # 2019-1129; 2) delete item IV.B. Determine next steps regarding eight
(8) alternate vacancies - Oneida Election Board; and 3) delete item XI.C.2. Review application(s) for
eight (8) alternate vacancies - Oneida Election Board], seconded by Ernie Stevens III. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers
Oneida Business Committee
Regular Meeting Minutes
Page 1 of 14
January 08, 2020
Public Packet
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DRAFT
IV.
MINUTES
A.
Approve the December 4 and 6, 2019, special Business Committee meeting
minutes (00:06:52)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to approve the December 4 and 6, 2019, special Business Committee
meeting minutes, seconded by Brandon Stevens. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers
B.
Approve the December 11, 2019, regular Business Committee meeting minutes
(00:07:14)
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to approve the December 11, 2019, regular Business Committee meeting
minutes, seconded by Jennifer Webster. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers
C.
Approve the December 13, 2019, special Business Committee meeting minutes
(00:07:40)
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to approve the December 13, 2019, special Business Committee meeting
minutes, seconded by Jennifer Webster. Motion carried:
Ayes:
David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, Tehassi Hill, Kirby Metoxen
Oneida Business Committee
Regular Meeting Minutes
Page 2 of 14
January 08, 2020
Public Packet
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DRAFT
V.
RESOLUTIONS
A.
Adopt resolution entitled 2019 InterTribal Buffalo Council, Buffalo Herd
Development Grant (00:08:07)
Sponsor: Trish King, Treasurer
Motion by Ernie Stevens III to adopt resolution 01-08-20-A 2019 InterTribal Buffalo Council, Buffalo
Herd Development Grant, seconded by Trish King. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers
B.
Adopt resolution entitled FY2020-2022 Oneida Nation Tribal Transportation
Improvement Plan (TTIP) - file # 2019-1336 (00:08:57)
Sponsor: Debbie Thundercloud, General Manager
Motion by David P. Jordan to adopt resolution 01-08-20-B FY2020-2022 Oneida Nation Tribal
Transportation Improvement Plan (TTIP), seconded by Brandon Stevens. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen, Lisa Summers
C.
Adopt resolution entitled Community Action Board - Alzheimer and Dementia
Proposed Research Project (00:10:57)
Sponsor: Florence Petri, Chair/Oneida Nation Commission on Aging
Secretary Lisa Summers arrived at 9:02 a.m.
Motion by Jennifer Webster to defer the request regarding the Alzheimer and Dementia Proposed
Research Project to the Oneida Health Center [Director of Comprehensive Health Operations] to be
processed per BC resolution # 05-08-19-A Research Requests: Review and Approval to Conduct,
seconded by Ernie Stevens III. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Daniel Guzman King, Kirby Metoxen
Oneida Business Committee
Regular Meeting Minutes
Page 3 of 14
January 08, 2020
Public Packet
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DRAFT
D.
Adopt resolution entitled Amendments to the Child Support Law (00:31:32)
Sponsor: David P. Jordan, Councilman
Motion by Lisa Summers to defer this item until the Business Committee can have a conversation, in
either a BC work session or special BC work session, about the principles of the Administrative
Rulemaking law and how they're applied, seconded by Brandon Stevens. Motion failed:
Ayes:
Lisa Summers
Opposed:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Motion by Brandon Stevens to adopt resolution 01-08-19-C Amendments to the Child Support Law,
striking section 704.16-2.(c) [lines 1235-1237] and forward the discussion regarding Administrative
Rulemaking to a BC Work Session, seconded by Jennifer Webster. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III,
Jennifer Webster
Opposed:
Lisa Summers
Not Present:
Daniel Guzman King, Kirby Metoxen
For the record: Secretary Lisa Summers stated I'm going to oppose the motion and, again, not
necessarily because I don't appreciate the work or the time that's been put into bringing everything up
to speed, but I don't think that I'm in agreement with the rules being put back into the law. For that
reason, I'm going to oppose this motion. Once we adopt this, it's going to be a process for us to make
any more amendments that we need for those little changes that are going to have to happen. We're
going to have this same conversation again in a work session; we're going to talk about how difficult it
is to have little minor changes administratively or things that need to be done by the administrative
body. By that time, it's going to be too late.
For the record: Vice-Chairman Brandon Stevens stated I agree with Secretary Lisa's comments, up
until the very last comment. It still can be rectified, but it is going to be a process. I think part of the
conversation is making sure we all have an understanding about the implementation of the
Administrative Rulemaking law and when that should and shouldn't apply.
E.
Enter the e-poll results into the record regarding the adopted resolution # 12-1219-A FY 2019-2020 IDEA Early Intervention for Infants and Toddlers Application
(01:45:55)
Sponsor: Lisa Summers, Secretary
Councilwoman Jennifer Webster left at 10:17 a.m.
Motion by Lisa Summers to adopt Enter the e-poll results into the record regarding the adopted
resolution # 12-12-19-A FY 2019-2020 IDEA Early Intervention for Infants and Toddlers Application,
seconded by David P. Jordan. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers
Not Present:
Daniel Guzman King, Kirby Metoxen, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 4 of 14
January 08, 2020
Public Packet
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DRAFT
VI.
APPOINTMENTS
A.
Determine next steps regarding one (1) vacancy - Oneida Nation Arts Board
(01:46:15)
Sponsor: Lisa Summers, Secretary
Treasurer Trish King left at 10:19 a.m.
Motion by David P. Jordan to accept accept the selected the applicant and appoint Amy L. Wilde to the
Oneida Nation Arts Board with a term ending February 28, 2022;, seconded by Lisa Summers. Motion
carried:
Ayes:
David P. Jordan, Brandon Stevens, Ernie Stevens III, Lisa Summers
Not Present:
Daniel Guzman King, Trish King, Kirby Metoxen, Jennifer Webster
B.
Determine next steps regarding eight (8) alternate vacancies - Oneida Election
Board
Sponsor: Lisa Summers, Secretary
Item deleted at the adoption of the agenda.
C.
Determine next steps regarding ten (10) ad hoc vacancies - Oneida Election Board
(01:47:40)
Sponsor: Lisa Summers, Secretary
Motion by Brandon Stevens to accept the selected the applicant(s) and appoint Candace House,
Kalene White, and Tonya Webster, as ad hoc members for the Oneida Election Board, seconded by
David P. Jordan. Motion carried:
Ayes:
David P. Jordan, Brandon Stevens, Ernie Stevens III
Opposed:
Lisa Summers
Not Present:
Daniel Guzman King, Trish King, Kirby Metoxen, Jennifer Webster
Motion by Brandon Stevens to re-post the remaining seven (7) ad hoc vacancies for the Oneida
Election Board, seconded by David P. Jordan. Motion carried:
Ayes:
David P. Jordan, Brandon Stevens, Ernie Stevens III, Lisa Summers
Not Present:
Daniel Guzman King, Trish King, Kirby Metoxen, Jennifer Webster
Councilwoman Jennifer Webster returned at 10:20 a.m.
Oneida Business Committee
Regular Meeting Minutes
Page 5 of 14
January 08, 2020
Public Packet
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DRAFT
VII.
STANDING COMMITTEES
A.
FINANCE COMMITTEE
1.
Accept the December 2, 2019, regular Finance Committee meeting minutes
(01:49:00)
Sponsor: Trish King, Treasurer
Treasurer Trish King returned at 10:21 a.m.
Motion by Jennifer Webster to accept the December 2, 2019, regular Finance Committee meeting
minutes, seconded by Lisa Summers. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
2.
Accept the December 16, 2019, regular Finance Committee meeting minutes
(01:49:58)
Sponsor: Trish King, Treasurer
Motion by Jennifer Webster to accept the December 16, 2019, regular Finance Committee meeting
minutes, seconded by Lisa Summers. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
B.
LEGISLATIVE OPERATING COMMITTEE
1.
Accept the December 18, 2019, regular Legislative Operating Committee
meeting minutes (01:50:21)
Sponsor: David P. Jordan, Councilman
Motion by Trish King to accept the December 18, 2019, regular Legislative Operating Committee
meeting minutes, seconded by Lisa Summers. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
C.
QUALITY OF LIFE COMMITTEE
1.
Accept the November 14, 2019, regular Quality of Life Committee meeting
minutes (01:50:50)
Sponsor: Brandon Stevens, Vice-Chairman
Motion by David P. Jordan to accept the November 14, 2019, regular Quality of Life Committee
meeting minutes, seconded by Jennifer Webster. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Oneida Business Committee
Regular Meeting Minutes
Page 6 of 14
January 08, 2020
Public Packet
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DRAFT
VIII.
TRAVEL REPORTS
A.
Approve the travel report - Councilwoman Jennifer Webster - Indian Health Care
Improvement Fund (IHCIF) - Arlington, VA - March 11-13, 2019 (01:51:20)
Sponsor: Jennifer Webster, Councilwoman
Motion by Lisa Summers to approve the travel report from Councilwoman Jennifer Webster for the
Indian Health Care Improvement Fund (IHCIF) in Arlington, VA - March 11-13, 2019, seconded by
Brandon Stevens. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers
Abstained:
Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
B.
Approve the travel report - Secretary Lisa Summers and Councilwoman Jennifer
Webster - 2019 Self-Governance Consultation Conference - Traverse City, MI April 1-5, 2019 (01:51:46)
Sponsor: Jennifer Webster, Councilwoman
Motion by David P. Jordan to approve the travel report from Secretary Lisa Summers and
Councilwoman Jennifer Webster for the 2019 Self-Governance Consultation Conference in Traverse
City, MI - April 1-5, 2019, seconded by Ernie Stevens III. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
C.
Approve the travel report – Councilwoman Jennifer Webster – Tribal Self
Governance Advisory Committee meeting - Washington DC - July 14-16, 2019
(01:52:48)
Sponsor: Jennifer Webster, Councilwoman
Motion by Lisa Summers to accept the travel report from Councilwoman Jennifer Webster for the Tribal
Self Governance Advisory Committee meeting in Washington DC - July 14-16, 2019, seconded by
David P. Jordan. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
D.
Approve the travel report - Councilwoman Jennifer Webster - 2019 SelfGovernance Professionals Workshop & Strategy Session - Maricopa, AZ September 8-13, 2019 (01:53:13)
Sponsor: Jennifer Webster, Councilwoman
Motion by Lisa Summers to approve the travel report from Councilwoman Jennifer Webster for the
2019 Self-Governance Professionals Workshop & Strategy Session in Maricopa, AZ - September 8-13,
2019, seconded by David P. Jordan. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Oneida Business Committee
Regular Meeting Minutes
Page 7 of 14
January 08, 2020
Public Packet
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DRAFT
E.
Approve the travel report - Chairman Tehassi Hill, Secretary Lisa Summers, and
Councilman Daniel Guzman King - National Congress of American Indians 76th
Annual Convention & Marketplace - Albuquerque, NM - October 20-24, 2019
(01:53:45)
Sponsor: Tehassi Hill, Chairman
Motion by Jennifer Webster to approve the travel report from Chairman Tehassi Hill, Secretary Lisa
Summers, and Councilman Daniel Guzman King for the National Congress of American Indians 76th
Annual Convention & Marketplace in Albuquerque, NM - October 20-24, 2019, seconded by David P.
Jordan. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
F.
Approve the travel report - Councilman Ernie Stevens III - Hemp Interim Final RuleTribal Consultation - Las Vegas, NV - December 10-12, 2019 (01:55:50)
Sponsor: Ernie Stevens III, Councilman
Motion by David P. Jordan to approve the travel report from Councilman Ernie Stevens III for the Hemp
Interim Final Rule-Tribal Consultation in Las Vegas, NV - December 10-12, 2019, seconded by Lisa
Summers. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
IX.
TRAVEL REQUESTS
A.
Approve the travel request in accordance with § 219.16-1 - Up to nine (9) Business
Committee members - Litigation oral arguments - Chicago, IL (02:00:30)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to approve the travel request in accordance with § 219.16-1 for up to nine
(9) Business Committee members to attend the litigation oral arguments in Chicago, IL [date/time to be
determined], seconded by Lisa Summers. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
B.
Enter the e-poll results into the record regarding the approved travel request for
Secretary Lisa Summers to attend the Tribal Caucus Meeting in Nekoosa, WI December 11-12, 2019 (02:01:33)
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to enter the e-poll results into the record regarding the approved travel
request for Secretary Lisa Summers to attend the Tribal Caucus Meeting in Nekoosa, WI - December
11-12, 2019, seconded by Jennifer Webster. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Oneida Business Committee
Regular Meeting Minutes
Page 8 of 14
January 08, 2020
Public Packet
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DRAFT
X.
NEW BUSINESS
A.
CIP # 07-009 Building Demolitions - Approve the CIP Package Amendment
(02:02:02)
Sponsor: Debbie Thundercloud, General Manager
Councilman Ernie Stevens III left at 10:33 a.m.
Councilman Ernie Stevens III returned at 10:43 a.m.
Motion by Jennifer Webster to approve CIP Package Amendment for project CIP #07-009 Building
Demolitions, seconded by Brandon Stevens. Motion carried:
Ayes:
Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers,
Jennifer Webster
Abstained:
David P. Jordan
Not Present:
Daniel Guzman King, Kirby Metoxen
Motion by Lisa Summers that the subject of how to process the carry over monies from the CIP that
the Treasurer has brought up be deferred back to the Treasurer's Office to complete appropriate
follow-up on that subject as necessary. Motion withdrawn.
B.
CDC # 04-022 Public Transit Garage - Approve two (2) actions (02:17:47)
Sponsor: Debbie Thundercloud, General Manager
Motion by Brandon Stevens to approve a procedural exception to forgo the Phase II of the CIP process
of routing the CDC Package to the various review entities and to approve the CDC Package for project
CDC # 04-022 Public Transit Garage, seconded by David P. Jordan. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
C.
Determine next steps regarding the 2020 Special Election (02:32:53)
Sponsor: Vicki Cornelius, Chair/Oneida Election Board
Motion by Lisa Summers to accept the memorandum from the Oneida Election Board as information
only and that the OBC liaisons work with them [the Oneida Election Board] on appropriate
commuication for next steps, seconded by Jennifer Webster. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Oneida Business Committee
Regular Meeting Minutes
Page 9 of 14
January 08, 2020
Public Packet
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DRAFT
D.
Approve two (2) actions regarding BC resolution # 05-08-19-B (02:36:13)
Sponsor: Vicki Cornelius, Chair/Oneida Election Board
Councilman David P. Jordan left at 11:15 a.m.
Councilman David P. Jordan returned at 11:17 a.m.
Motion by Jennifer Webster to defer the request the Legislative Operating Committee to bring an
amendment to BC resolution # 05-08-19-B for consideration, seconded by Lisa Summers. Motion
carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
E.
Approve the memorandum of understanding addendum appendix B - Between the
State of WI, Department of Children and Families, Bureau of Child Support and the
Oneida Nation - file # 2019-0668 (02:47:18); (03:04:45)
Sponsor: Debbie Thundercloud, General Manager
Motion by Jennifer Webster to approve a limited waiver of sovereign immunity for the memorandum of
understanding addendum appendix B - Between the State of WI, Department of Children and Families,
Bureau of Child Support and the Oneida Nation - file # 2019-0668 and authorize the Chairman to sign,
seconded by Brandon Stevens. Motion carried1:
Ayes:
David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, Tehassi Hill, Kirby Metoxen
Motion by David P. Jordan to table this item, seconded by Lisa Summers. Motion carried:
Ayes:
David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer
Webster
Abstained:
Brandon Stevens
Not Present:
Daniel Guzman King, Kirby Metoxen
Item X.F. is addressed next.
Motion by Lisa Summers to take this item from the table, seconded by David P. Jordan. Motion carried:
Ayes:
David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, Tehassi Hill, Kirby Metoxen
Voting on the pending motion occurs; item XII. is addressed next.
The motion was made by Councilwoman Jennifer Webster and supported by Vice-Chairman Brandon Steven; the item was then
tabled. Later in the meeting, after the item was taken from the table, the previous motion made by Councilwoman Jennifer Webster
was still pending, and then voted on. Due to the departure of the Chairman, Vice-Chairman Brandon Stevens had assumed the
responsibilities of the Chair at the time of the vote.
1
Oneida Business Committee
Regular Meeting Minutes
Page 10 of 14
January 08, 2020
Public Packet
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DRAFT
F.
Enter the e-poll results into the record regarding the transfer of UWGB Basketball
Tickets and Parking Passes to Joint Marketing (02:56:24)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to enter the e-poll results into the record regarding the transfer of UWGB
Basketball Tickets and Parking Passes to Joint Marketing, seconded by Jennifer Webster. Motion
carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
G.
Approve a limited waiver of sovereign immunity - Brown County-Human Services
Department documents - file # 2019-1129 (02:56:50)
Sponsor:
Motion by Lisa Summers to approve a limited waiver of sovereign immunity - Brown County-Human
Services Department documents - file # 2019-1129, seconded by Jennifer Webster. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Motion by Jennifer Webster to recess at 11:31 a.m. until 11:45 a.m., seconded by Lisa Summers.
Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Chairman Tehassi Hill left at 11:31 a.m. Vice-Chairman Brandon Stevens assumes the responsibilites
of the Chair.
Called to order by Vice-Chairman Brandon Stevens at 11:46 a.m.
Roll call for the record:
Present: Councilman David P. Jordan; Treasurer Trish King; Vice-Chairman Brandon Stevens;
Councilman Ernie Stevens III; Secretary Lisa Summers; Councilwoman Jennifer Webster;
Not Present: Councilman Daniel Guzman King; Chairman Tehassi Hill; Councilman Kirby Metoxen;
Oneida Business Committee
Regular Meeting Minutes
Page 11 of 14
January 08, 2020
Public Packet
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DRAFT
XI.
EXECUTIVE SESSION
A.
REPORTS
1.
Accept the Chief Counsel report (03:01:15)
Sponsor: Jo Anne House, Chief Counsel
Motion by Jennifer Webster to accept the Chief Counsel report, seconded by Lisa Summers. Motion
carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Motion by Lisa Summers to adopt resolution 01-08-20-D Support For H.R. 1964 Of The 116th
Congress, “To Provide For The Recognition Of The Lumbee Tribe Of North Carolina, And For Other
Purposes” and to move that resolution into open session, seconded by Ernie Stevens III. Motion
carried:
Ayes:
David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, Tehassi Hill, Kirby Metoxen
2.
Accept the General Manager report (03:02:00)
Sponsor: Debbie Thundercloud, General Manager
Motion by Lisa Summers to delete the General Manager report from the agenda, seconded by Jennifer
Webster. Motion carried:
Ayes:
David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, Tehassi Hill, Kirby Metoxen
B.
UNFINISHED BUSINESS
1.
File # 2019-CC-01
a.
Review proposed transition plan (03:02:17)
Motion by Lisa Summers to defer file # 2019-CC-01 to the February 12, 2020, regular Business
Committee meeting agenda, seconded by Ernie Stevens III. Motion carried:
Ayes:
David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, Tehassi Hill, Kirby Metoxen]
Excerpt from December 11, 2019: Motion by Lisa Summers to defer item X.D.3. File #
2019-CC-01, subsections a. Review proposed Transition plan and b. Determine next
steps regarding vacancies, to the January 8, 2020, regular Business Committee
meeting agenda, seconded by Jennifer Webster. Motion carried.
Excerpt from September 25, 2019: (1) Motion by Lisa Summers to terminate the
appointment of Floyd Wayne Silas Jr. on the Oneida Powwow Committee pursuant to
§105.7-4 and post the vacancy, seconded by Kirby Metoxen. Motion carried. (2)
Motion by David P. Jordan to direct the General Manager to amend the
recommendations provided regarding file # 2019-CC-01 and to bring back a transition
plan proposal no later than the December 11, 2019, regular Business Committee
meeting, seconded by Lisa Summers. Motion carried.
Oneida Business Committee
Regular Meeting Minutes
Page 12 of 14
January 08, 2020
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DRAFT
b.
Determine next steps regarding vacancies (03:02:17)
Motion by Lisa Summers to defer file # 2019-CC-01 to the February 12, 2020, regular Business
Committee meeting agenda, seconded by Ernie Stevens III. Motion carried:
Ayes:
David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, Tehassi Hill, Kirby Metoxen
Excerpt from December 11, 2019: Motion by Lisa Summers to defer item X.D.3. File #
2019-CC-01, subsections a. Review proposed Transition plan and b. Determine next
steps regarding vacancies, to the January 8, 2020, regular Business Committee
meeting agenda, seconded by Jennifer Webster. Motion carried.
Excerpt from October 9, 2019: Motion by Lisa Summers to defer this item to the
December 11, 2019, regular Business Committee meeting, noting the General
Manager will have a transition plan submitted to the Business
Committee by this date, as previously directed, seconded by Kirby Metoxen. Motion
carried.
C.
NEW BUSINESS
1.
Review application(s) for one (1) vacancy - Oneida Nation Arts Board (03:02:45)
Sponsor: Lisa Summers, Secretary
Motion by Ernie Stevens III to accept the discussion regarding the application(s) for one (1) vacancy
for the Oneida Nation Arts Board as information, seconded by David P. Jordan. Motion carried:
Ayes:
David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, Tehassi Hill, Kirby Metoxen
2.
Review application(s) for eight (8) alternate vacancies - Oneida Election Board
Sponsor: Lisa Summers, Secretary
Item deleted at the adoption of the agenda.
3.
Review application(s) for ten (10) ad hoc vacancies - Oneida Election Board
(03:03:26)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to accept the discussion regarding the application(s) for ten (10) ad hoc
vacancies for the Oneida Election Board as information, seconded by David P. Jordan. Motion carried:
Ayes:
David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, Tehassi Hill, Kirby Metoxen
Oneida Business Committee
Regular Meeting Minutes
Page 13 of 14
January 08, 2020
Public Packet
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DRAFT
4.
Enter the e-poll results into the record regarding the approved attorney contract
- Oneida Law Office staff attorney - file # 2019-1404 (03:03:55)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to enter the e-poll results into the record regarding the approved attorney
contract for the Oneida Law Office staff attorney - file # 2019-1404, seconded by David P. Jordan.
Motion carried:
Ayes:
David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, Tehassi Hill, Kirby Metoxen
5.
Enter the e-poll results into the record regarding the approved
recommendation of litigation counsel, option #1, in the December 13, 2019, email correspondence (03:04:15)
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to enter the e-poll results into the record regarding the approved
recommendation of litigation counsel, option #1, in the December 13, 2019, e-mail correspondence,
seconded by Lisa Summers. Motion carried:
Ayes:
David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, Tehassi Hill, Kirby Metoxen
Item X.E. is re-addressed next.
XII.
ADJOURN (03:08:15)
Motion by David P. Jordan to adjourn at 11:54 a.m., seconded by Ernie Stevens III. Motion carried:
Ayes:
David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers, Jennifer
Webster
Not Present:
Daniel Guzman King, Tehassi Hill, Kirby Metoxen
Minutes prepared by Lisa Liggins, Information Management Specialist
Minutes approved as presented on
.
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Regular Meeting Minutes
Page 14 of 14
January 08, 2020
Public Packet
30 of 254
Adopt resolution entitled Modifying the Oneida Business Committee Regular Meeting Schedule
Business Committee Agenda Request
1. Meeting Date Requested:
01/22/20
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Contract Document(s) ☐ Legal Review
☐ Correspondence
☐ Minutes
☐ Fiscal Impact Statement ☐ Report
☐ Other: Describe
☒ Resolution
☒ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Summers, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
LLIGGINS
☐ Unbudgeted
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Business Committee Agenda Request – Cover Memo
From:
Lisa Liggins, Information Management Specialit/BC Support Office
Date:
1/18/2020
RE:
Proposed resolution to change OBC meeting schedule
PURPOSE
Business Committee action is needed in order to change the current regular meeting schedule.
BACKGROUND
Article III, Section 3 of the Tribal Constitution provides that “Regular meetings of the Business Committee
may be established by resolution of the Business Committee.” The most recent resolution, # 9-27-17-D,
added four (4) quarterly meetings to be held on Thursdays for the purpose of addressing quarterly
reports.
At the December 2019, BC Work Session the attached chart showing the attendance was reviewed and
the BC determine the separate meeting for quarterly reports was no longer needed; reports would be
added to their regular meeting agenda.
REQUESTED ACTION
Adopt resolution entitled Modifying the Oneida Business Committee Regular Meeting Schedule
Page 1 of 1
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Quarterly Report Meeting
Public Attendance from “Others Present” section of the meeting minutes
2017
Quarter 1
3
Quarter 2
4
Quarter 3
1
Quarter 4
0
Quarter 1
1
Quarter 2
0
Quarter 3
0
Quarter 4
0
Quarter 1
0
Quarter 2
0
Quarter 3
0
Quarter 4
1
2018
2019
Public Packet
Oneida Nation
33 of 254
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # 09-27-17-D
Oneida Business Committee Regular Meeting Schedule for Quarterly Reports
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,
Article III, Section 3 of the Tribal Constitution provides that “Regular meetings of the
Business Committee may be established by resolution of the Business Committee,”; and
WHEREAS,
with the passage of BC Resolution 7-7-87-A, the Business Committee established a
regular meeting schedule to meet of each Tuesday, at 1:30 p.m., and each Friday, at
9:00 a.m.; and
WHEREAS,
with the passage of BC Resolution 3-25-88-B, the Business Committee modified the
regular meeting schedule to meet each Friday, at 9:00 a.m., and held informational
meetings the first Monday each month, at 7:00 p.m.; and
WHEREAS,
with the passage of BC Resolution 4-26-91-A, the Business Committee modified the
regular meeting schedule to meet each week on Wednesday, at 9:00 a.m.; and
WHEREAS,
with the passage of BC Resolution 2-11-04-A, the Business Committee modified the
regular meeting schedule to meet every other week on Wednesday, at 9:00 a.m.; and
WHEREAS,
with the passage of BC Resolution 12-10-08-A, the Business Committee modified the
regular meeting schedule to meet every second and fourth Wednesday each month, at
9:00 a.m.; and
WHEREAS,
with the passage of BC Resolution 06-23-10-E, the Business Committee modified the
regular meeting schedule to include executive discussion meetings every second and
fourth Tuesday of the month, at 9:00 a.m.; and
WHEREAS,
with the passage of BC Resolution 11-23-16-C, the Business Committee modified the
regular meeting schedule to meet every second and fourth Tuesday of the month at 8:30
a.m. for executive discussion meetings, and to meeting every second and fourth
Wednesday of the month at 8:30 a.m. for regular meetings; and
WHEREAS,
with the passage of BC Resolution 12-27-16-A, the Business Committee modified the
regular meeting schedule to meet every second and fourth Wednesday of each month at
8:30 a.m., and for the purpose of addressing quarterly reports, to meet the fourth
Thursday of January, April, July, and October at 8:00 a.m.; and
Public Packet
34 of 254
BC Resolution # 09-27-17-D
Oneida Business Committee Regular Meeting Schedule for Quarterly Reports
Page 2 of 2
WHEREAS,
the Business Committee has determined an additional regular meeting is required on a
quarterly basis for the purpose of addressing quarterly reports from Boards, Committees
and Commissions, Corporate Boards, and Standing Committees of the Business
Committee; and
WHEREAS,
Oneida Nation Corporate Boards provided feedback from the 2017 quarterly meeting
schedule, and indicated additional time was needed for financials to be prepared; and
WHEREAS,
the Business Committee has determined this change would better serve the membership
of the Oneida Nation and the Business Committee; and
NOW THEREFORE BE IT FURTHER RESOLVED, for the purpose of addressing quarterly reports,
regular meetings of the Oneida Business Committee shall be held the Thursday at 8:00 a.m. after the
second regularly scheduled Business Committee meetings of February, May, August, and November,
starting on March 1, 2018.
BE IT FINALLY RESOLVED, this resolution shall supersede all prior motions, practices or resolutions, in
particular BC Resolutions 12-10-08-A, 06-23-10-E, 11-23-16-C, and 12-27-16-A regarding the subject of
regular meetings of the Oneida Business Committee.
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida
Business Committee is composed of 9 members of whom 5 members constitute a quorum; 9 members
were present at a meeting duly called, noticed and held on the 27th day of September, 2017; that the
forgoing resolution was duly adopted at such meeting by a vote of 8 members for, 0 members against,
and 0 members not voting; and that said resolution has not been rescinded or amended in any way.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
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BC Resolution # ___________
Modifying the Oneida Business Committee Regular Meeting Schedule
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,
Article III, Section 3 of the Tribal Constitution provides that “Regular meetings of the
Business Committee may be established by resolution of the Business Committee,”; and
WHEREAS,
with the passage of BC Resolution 7-7-87-A, the Business Committee established a regular
meeting schedule to meet of each Tuesday, at 1:30 p.m., and each Friday, at 9:00 a.m.;
and
WHEREAS,
with the passage of BC Resolution 3-25-88-B, the Business Committee modified the
regular meeting schedule to meet each Friday, at 9:00 a.m., and held informational
meetings the first Monday each month, at 7:00 p.m.; and
WHEREAS,
with the passage of BC Resolution 4-26-91-A, the Business Committee modified the
regular meeting schedule to meet each week on Wednesday, at 9:00 a.m.; and
WHEREAS,
with the passage of BC Resolution 2-11-04-A, the Business Committee modified the
regular meeting schedule to meet every other week on Wednesday, at 9:00 a.m.; and
WHEREAS,
with the passage of BC Resolution 12-10-08-A, the Business Committee modified the
regular meeting schedule to meet every second and fourth Wednesday each month, at
9:00 a.m.; and
WHEREAS,
with the passage of BC Resolution 06-23-10-E, the Business Committee modified the
regular meeting schedule to include executive discussion meetings every second and
fourth Tuesday of the month, at 9:00 a.m.; and
WHEREAS,
with the passage of BC Resolution 11-23-16-C, the Business Committee modified the
regular meeting schedule to meet every second and fourth Tuesday of the month at 8:30
a.m. for executive discussion meetings, and to meeting every second and fourth
Wednesday of the month at 8:30 a.m. for regular meetings; and
Public Packet
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BC Resolution # _______
Modifying the Oneida Business Committee Regular Meeting Schedule
Page 2 of 2
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WHEREAS,
with the passage of BC Resolution 12-27-16-A, the Business Committee modified the
regular meeting schedule to meet every second and fourth Wednesday of each month at
8:30 a.m., and for the purpose of addressing quarterly reports, to meet the fourth Thursday
of January, April, July, and October at 8:00 a.m.; and
WHEREAS,
with the passage of BC Resolution 9-27-17-D, the Business Committee modified the
regular meeting schedule for quarterly reports to meet the fourth Thursday of February,
May, August, and November at 8:00 a.m.; and
WHEREAS,
the Business Committee has determined that holding a separate regular meeting for the
sole purpose of addressing quarterly reports has not garnered additional public
attendance/participation as originally intended; and
WHEREAS,
the Business Committee has determined eliminating the separate regular meeting for the
purpose of addressing quarterly reports would better serve the membership of the Oneida
Nation and the Business Committee.
NOW THEREFORE BE IT FURTHER RESOLVED, for the purpose of addressing quarterly reports, regular
meetings of the Oneida Business Committee shall be eliminated immediately;
BE IT FURTHER RESOLVED, executive discussion meetings of the Oneida Business Committee shall be
held every second and fourth Tuesday each month, at 8:30 a.m.;
BE IT FURTHER RESOLVED, regular meetings of the Oneida Business Committee shall be held every
second and fourth Wednesday each month, at 8:30 a.m.;
BE IT FINALLY RESOLVED, this resolution shall supersede all prior motions, practices or resolutions, in
particular BC Resolutions 12-10-08-A, 06-23-10-E, 11-23-16-C, 12-27-16-A, and 09-27-17-D regarding the
subject of regular meetings of the Oneida Business Committee.
Public Packet
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Resolution: Modifying the Oneida Business Committee Regular Meeting Schedule
Summary
This resolution modifies the Oneida Business Committee (“OBC”) regular meeting schedule by
eliminating the need to hold separate regular meetings of the OBC for the sole purpose of
addressing quarterly reports from the Nation’s boards, committees and commissions, corporate
boards, and standing committees of the OBC.
Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office
Date: January 14, 2020
Analysis by the Legislative Reference Office
Article III, Section 3 of the Constitution of the Oneida Nation states [r]egular meetings of the
Business Committee may be established by resolution of the Business Committee. Currently, the
Oneida Business Committee (“OBC”) holds regular meetings on the fourth Thursday of February,
May, August and November, beginning at 8:00 a.m., for quarterly reports. [BC-9-27-17-D]. In
addition, it holds executive discussion meetings every second and fourth Tuesday of each month,
beginning at 8:30 a.m., and regular meetings every second and fourth Wednesday of each month,
beginning at 8:30 a.m. [BC-11-23-16-C].
In 2016, the OBC decided to hold the above-referenced quarterly meetings, separate from its other
regular meetings, to solely address quarterly reports submitted by the Nation’s boards, committees
and commissions, corporate boards, and standing committees of the OBC. [BC-12-27-16-A]. The
OBC added the meetings to try to increase public attendance and participation. With the passage
of resolution BC-9-27-17-D, the OBC modified the initial quarterly meeting schedule from the
fourth Thursday in January, April, July and October at 8:00 a.m. to the schedule currently set.
The OBC has now determined that holding a separate regular meeting for the sole purpose of
addressing quarterly reports has not garnered additional public attendance or participation as
originally intended and that eliminating the meetings would better service the membership of the
Oneida Nation and the Oneida Business Committee. This resolution would eliminate the need to
hold such quarterly meetings, effective immediately.
This resolution also reiterates that executive discussion meetings of the OBC shall be held every
second and fourth Tuesday of each month, beginning at 8:30 a.m., and that regular meetings of the
OBC shall be held every second and fourth Wednesday of each month, beginning at 8:30 a.m.
Lastly, this resolution specifies that it shall supersede all prior motions, practices or resolutions, in
particular, resolutions BC-12-10-08-A, BC-06-23-10-E, BC-11-23-16-C, BC-12-27-16-A and
BC-09-27-17-D regarding the subject of regular meetings of the Oneida Business Committee.
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Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
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Adopt resolution entitled Real Property Law Emergency Amendments
/ /
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Post Office Box 365
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Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # ________________
Real Property Law Emergency Amendments
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 Real Property law (“the Law”) was adopted by the Oneida Business through resolution
BC-5-29-96-A and amended by resolutions BC-3-01-06-D, BC-04-28-10-E, BC-02-25-15C, BC-05-13-15-B and BC-02-08-17-A, BC-05-09-18-A; and
WHEREAS,
the Law provides regulations and procedures for the transfer, control and management of
the territory within the Reservation and all Tribal land; to integrate these regulations and
procedures with the real property laws and practices of other federal and state sovereigns
which may hold jurisdiction within the Reservation; and to establish licensing and
certification requirements for the Nation’s employees dealing with real property
transactions; and
WHEREAS,
the Law provides that the Oneida Land Commission shall approve or deny all acquisitions
of Tribal land, and that Land Management shall process land acquisition transactions as
approved by the Oneida Land Commission; and
WHEREAS,
the Law does not delegate rulemaking authority to the Oneida Land Commission or Land
Management to develop rules addressing land acquisitions; and
WHEREAS,
the Administrative Rulemaking law provides that any entity of the Nation that has been
granted rulemaking authority by a law of the Nation may promulgate rules interpreting the
provisions of a law enforced or administered by it, provided that the rule does not exceed
the rulemaking authority granted under the law for which the rule is being promulgated;
and
WHEREAS,
the Oneida Land Commission and Land Management desire to develop a rule under the
Law to address the acquisition of land, but the lack of a delegation of authority to develop
rules regarding land acquisitions means the process of administrative rulemaking as
provided by the Administrative Rulemaking law cannot be used by the Oneida Land
Commission or Land Management for this issue; and
WHEREAS,
an emergency amendment to the Law to provide a delegation of rulemaking authority to
address land acquisitions is being sought in an effort to ensure transparency, opportunity
for community input, and oversight that the administrative rulemaking process provides;
and
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BC Resolution _____________
Real Property Law Emergency Amendments
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WHEREAS,
the delegation of rulemaking authority is also being sought to mirror and be consistent with
rules for the Homeownership through Independent Purchase (HIP) Program and the Tribal
Housing Reacquisition of Individual Fee and Trust Title (THRIFTT) Program currently being
developed by the Oneida Land Commission and Land Management under the Leasing law;
and
WHEREAS,
the HIP and THRIFTT programs rely upon the acquisition power and processing of the
Oneida Land Commission and Land Management, so since the acquisition component is
an essential part of the process for HIP and THRIFTT, it is desired that the land acquisition
process also be codified as a rule; and
WHEREAS,
the emergency amendment to the Law adds a provision which provides that the
Comprehensive Housing Division, Oneida Land Commission, and Land Management are
delegated rulemaking authority as needed to exercise the authority granted and manage
the responsibilities bestowed upon each area as identified in this law; and
WHEREAS,
the Legislative Procedures Act authorizes the Oneida Business Committee to enact
legislation on an emergency basis, to be in effect for a period of six (6) months, renewable
for an additional six (6) months; and
WHEREAS,
emergency adoption of legislation is allowed when legislation is necessary for the
immediate preservation of the public health, safety, or general welfare of the Reservation
population, and the amendment of the legislation is required sooner than would be possible
under the Legislative Procedures Act; and
WHEREAS,
the emergency adoption of these amendments to the Law are necessary for the
preservation of the general welfare of the Reservation population in order to ensure that
homeownership and land acquisition strategies related to the HIP and THRIFTT programs
are not jeopardized by allowing immediate updates to the program processing and required
component that authorizes land acquisitions; and
WHEREAS,
observance of the requirements under the Legislative Procedures Act for adoption of this
amendment would be contrary to public interest; and
WHEREAS,
the Legislative Procedures Act does not require a public meeting or fiscal impact statement
when considering emergency legislation; and
NOW THEREFORE BE IT RESOLVED, that the emergency amendments to the Real Property law are
hereby adopted on an emergency basis and shall become effective immediately.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Real Property Law Emergency Amendments
Summary
This resolution adopts an emergency amendment to the Real Property law which would add a
provision which provides that the Comprehensive Housing Division, Oneida Land Commission,
and Land Management are delegated rulemaking authority as needed to exercise the authority
granted and manage the responsibilities bestowed upon each area as identified in this law
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: January 10, 2020
Analysis by the Legislative Reference Office
This resolution adopts emergency amendments to the Real Property law (“the Law”). The purpose
of the Law is to provide regulations and procedures for the transfer, control and management of
the territory within the Reservation and all Tribal land; to integrate these regulations and
procedures with the real property laws and practices of other federal and state sovereigns which
may hold jurisdiction within the Reservation; and to establish licensing and certification
requirements for the Nation’s employees dealing with real property transactions.
The emergency amendment to the Law would add a provision which provides that the
Comprehensive Housing Division, Oneida Land Commission, and Land Management are
delegated rulemaking authority as needed to exercise the authority granted and manage the
responsibilities bestowed upon each area as identified in this law. This is an effort to delegate
rulemaking authority to the Oneida Land Commission and Land Management for the development
of rules addressing the acquisition of land.
The Legislative Procedures Act (LPA) allows the Oneida Business Committee to take emergency
action where it is “necessary for the immediate preservation of the public health, safety or general
welfare of the reservation population” and when “enactment or amendment of legislation is
required sooner than would be possible under the Legislative Procedures Act.” [1 O.C. 109.9-5].
The Oneida Business Committee will be responsible for determining if the emergency standard
provided by the LPA is met. The resolution provides that an emergency amendment to the Law is
necessary for the preservation of the general welfare of the Reservation population in order to
ensure that the homeownership and land acquisition strategies related to the Homeownership
through Independent Purchase (HIP) Program and the Tribal Housing Reacquisition of Individual
Fee and Trust Title (THRIFTT) Program are not jeopardized by allowing for immediate updates
to the program processing and required component that authorizes land acquisitions.
Additionally, the resolution provides that observance of the requirements under the LPA for
adoption of this amendment would be contrary to public interest.
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The emergency amendments to the Law will take effect immediately upon adoption by the Oneida
Business Committee. The emergency amendments will remain effective for six (6) months, with
the possibility to extend for an additional six (6) months, or until the emergency amendments
expire or are permanently adopted. [1 O.C. 109.9-5(b)].
Conclusion
Determination of an emergency is a decision of the Oneida Business Committee based on the
authority granted in the Legislative Procedures Act. Upon a determination that an emergency
exists, adoption of this resolution would not conflict with any of the Nation’s laws.
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Analysis to Emergency Draft 1
2020 01 15
Tok^ske Kayanl^hsla Tsi> Ni>yohuntsya=t#
(The real/certain laws of the territory of the nation)
EMERGENCY AMENDMENTS TO
REAL PROPERTY LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
REQUESTER:
Oneida Law Office
Intent of the
Proposed
Amendments
SPONSOR:
DRAFTER:
ANALYST:
TBD
Clorissa N. Santiago
Brandon Wisneski
To expand administrative rulemaking authority delegated to the Comprehensive
Housing Division, Oneida Land Commission and Land Management to exercise
their authority and manage responsibilities identified in the Real Property law.
Purpose
To provide regulations and procedures for the transfer, control and management
of the territory within the Reservation and all Tribal land; to integrate these
regulations and procedures with the real property laws and practices of other
federal and state sovereigns which may hold jurisdiction within the Reservation;
and to establish licensing and certification requirements for the Nation’s
employees dealing with real property transactions [6 O.C. 601.1-1].
Comprehensive Housing Division, Oneida Land Commission and Oneida Land
Management.
Administrative Rulemaking law, Leasing law, Mortgage and Foreclosure law,
Landlord-Tenant law, Eviction and Termination law.
A public meeting is not required for emergency legislation [1 O.C. 109.8-1(b)
and 9-5(a)].
A fiscal impact statement is not required for emergency legislation [1 O.C.
109.9-5(a)].
Emergency amendments expire six (6) months after adoption and may be
renewed for one additional six (6) month period.
Affected Entities
Related Legislation
Public Meeting
Fiscal Impact
Expiration of
Emergency
Amendments
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SECTION 2. LEGISLATIVE DEVELOPMENT
A. The Real Property law was first adopted on May 29, 1996 and most recently amended on May 9, 2018.
The law provides the regulations and procedures for the transfer, control and management of the
territory within the Reservation and all Tribal land. The current Real Property law delegates authority
to the Comprehensive Housing Division, Oneida Land Commission and Oneida Land Management to
develop rules regarding certain topics, such as probate, easements and selling property.
B. Real Property Law Rule #1 – HIP Program became effective on February 22, 2016. The
Homeownership by Independent Purchase (HIP) Program allows tribal members to initiate a purchase
in which the buyer purchases the improvements (i.e., the house) while the Nation purchases the land.
The purpose of the HIP Program is to increase homeownership among members of the Nation while
increasing the Nation’s land base.
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Analysis to Emergency Draft 1
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C. The Nation wishes to update the HIP Program and establish a Tribal Housing Reacquisition of
Individual Fee and Trust Title (THRIFTT) Program to further increase homebuying and land
acquisition opportunities. The relevant agencies wish to pursue this by amending current rules and/or
establishing additional rules under the Real Property law and the Leasing law.
D. Upon a review of the Real Property law’s delegation of rulemaking authority, the Legislative Reference
Office determined that the agencies lack sufficient authority to develop rules regarding land acquisition
under this law. In order to proceed with the proposed rules, the agencies’ administrative rulemaking
authority must be expanded.
E. The Legislative Operating Committee, in consultation with the Law Office, proposes to expand the
agencies’ administrative rulemaking authority on an emergency basis in order to proceed with the
update of these programs. The Oneida Business Committee is responsible for determining if the
standard for an emergency in accordance with the Legislative Procedures Act (LPA) has been met.
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.
B. The following laws were reviewed in the drafting of this analysis: Administrative Rulemaking law,
Leasing law, Mortgage and Foreclosure law, Landlord-Tenant law, and Eviction and Termination law.
SECTION 4. PROCESS
A. These amendments are being considered on an emergency basis. Emergency amendments expire six
(6) months after adoption and may be renewed for one additional six (6) month period. The Oneida
Business Committee may temporarily enact an emergency law “where legislation is necessary for the
immediate preservation of public health, safety, or general welfare of the reservation population and
enactment or amendment of legislation is required sooner than would be possible under this law” [1
O.C. 109.9-5].
B. The LPA does not require a public meeting or fiscal impact statement when considering emergency
legislation. However, a public meeting and fiscal impact statement will eventually be required when
considering permanent adoption of these amendments.
C. At the time this analysis was drafted, the LOC will consider adding these emergency amendments to the
Active Files List on January 15, 2020.
D. The following work meetings were held regarding the development of these emergency amendments
and legislative analysis:
December 12, 2019: Work meeting with Oneida Law Office.
SECTION 5. CONTENTS OF THE LEGISLATION
A. Expansion of Administrative Rulemaking Authority. The emergency amendments delegate expanded
administrative rulemaking authority to the Comprehensive Housing Division, Oneida Land
Commission and Land Management “as needed to exercise the authority granted and manage the
responsibilities bestowed upon each area as identified in [the Real Property law]” [6 O.C. 601.12-4].
This can be interpreted as granting broad authority to these agencies to develop rules for any provision
of the Real Property law. For example, the Real Property law includes provisions on the following
subjects:
Holding of Ownership;
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Legal Descriptions of Real Property transferred under this law;
Title Transfer, including Trust Acquisition, Deeds and Involuntary Transfer of Title;
Probate;
Leasing of Real Property;
Records, including the administration of the Oneida Register of Deeds;
Real Estate Education Requirements and Certifications;
Organization, including the duties and responsibilities of Comprehensive Housing Division,
Oneida Land Commission, and Land Management.
Although these amendments expand the agencies’ authority, any rules proposed by these entities must
go through the Administrative Rulemaking process, which requires public hearings, certification by the
Legislative Operating Committee and adoption by the Oneida Business Committee.
Table 1. Comparison: Rulemaking Authority in the Real Property law
Proposed Rulemaking Authority
Agency
Current Rulemaking
Authority under Real
under Real Property Law
Property Law
Comprehensive
Housing Rules regarding:
“as needed to exercise the authority
Division
and
manage
the
Selling
a
Residential granted
responsibilities bestowed upon
Property [601.12-1]
each area as identified in [the Real
Property law]”
“as needed to exercise the authority
Oneida Land Management
Rules regarding:
granted
and
manage
the
Probate [601.8-1]
Easements for Landlocked responsibilities bestowed upon
each area as identified in [the Real
Properties [601.7-3(e)]
Easement and Land Use Property law]”
Licenses [601.12-3]
“as needed to exercise the authority
Oneida Land Commission
Rules regarding:
granted
and
manage
the
Probate [601.8-1]
Selling
a
Residential responsibilities bestowed upon
each area as identified in [the Real
Property [601.12-1]
Easements for Landlocked Property law]”
Properties [601.7-3(e)]
Easement and Land Use
Licenses [601.12-3]
*This table does not include any additional rulemaking authority delegated to these agencies by other
laws of the Nation, such as the Leasing law, Landlord-Tenant law, or Mortgage and Foreclosure law.
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What Is Rulemaking?
The purpose of the Administrative Rulemaking law is to provide a process for the adoption and
amendment of administrative rules. Rules interpret provisions of a law. In order to write a rule, an
agency must be delegated rulemaking authority by a law of the Nation. The rule may not exceed the
rulemaking authority granted under the law for which the rule is being created.
All proposed rules must receive a public meeting and public comment period. Then, the proposed
rule must be certified by the LOC and adopted by the Oneida Business Committee before becoming
effective. Rules adopted in accordance with the Administrative Rulemaking law have the same force
and effect as the law which delegated the agency rulemaking authority.
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SECTION 6. EXISTING LEGISLATION
A. References to Other Laws. The following laws of the Nation are referenced in the Real Property law.
The proposed amendments do not conflict with any of the referenced laws.
Mortgage and Foreclosure law [6 O.C. 601.7-3(b) and 12-1].
Leasing law [6 O.C. 601.9-1, 10-2(i), 12-1, 12-2(c) and 12-3(c)].
Landlord-Tenant law [6 O.C. 601.10-2(j) and 12-1].
Eviction and Termination law [6 O.C. 601.12-1 and 12-3(c)].
Tribal Use of Public Land law [6 O.C. 601.12-2(e)].
SECTION 7. OTHER CONSIDERATIONS
A. Deadline for Permanent Adoption of Amendments. The emergency amendments will expire six
months after adoption and may be renewed for one additional six (6) month period. Since the
amendments will lead to the development of new rules, it is particularly important that the amendments
are permanently adopted to avoid any future conflict between the law and future rules.
Conclusion: The LOC will need to develop and adopt permanent amendments to this law within
the next six (6) to twelve (12) months.
B. Consideration of Additional Amendments. The emergency amendments are limited solely to the
delegation of rulemaking authority to the Comprehensive Housing Division, Oneida Land Commission
and Land Management. However, there may be other areas of the law that could benefit from further
amendments.
Conclusion: During development of permanent amendments to this law, the LOC should consult
with relevant agencies to identify any additional amendments.
C. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.
Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except
emergency legislation [1 O.C. 109.6-1].
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Title 6. Property and Land – Chapter 601
REAL PROPERTY
Tok^ske Kayanl^hsla Tsi> Ni>yohuntsya=t#
The real/certain laws of the territory of the nation
REAL PROPERTY
601.1.
601.2.
601.3.
601.4.
601.5.
601.6.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
General Provisions
Holding of Ownership
Legal Descriptions
601.7.
601.8.
601.9.
601.10.
601.11.
601.12.
Title Transfer
Probate
Leasing of Real Property
Records
Real Estate Education Requirements and Certifications
Organization
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Purpose and Policy
601.1-1. Purpose. The purpose of this law is to provide regulations and procedures for the
transfer, control and management of the territory within the Reservation and all Tribal land; to
integrate these regulations and procedures with the real property laws and practices of other federal
and state sovereigns which may hold jurisdiction within the Reservation; and to establish licensing
and certification requirements for the Nation’s employees dealing with real property transactions.
601.1-2. Policy. It is the policy of the Nation to set out the responsibilities and expectations for
persons purchasing and/or managing real property on behalf of the Nation and/or within the
Reservation and to provide real property holder’s rights and responsibilities. In addition, it is the
Nation’s policy that probated estates shall be settled expeditiously and without undue delay.
601.2.
Adoption, Amendment, Repeal
601.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-29-96-A
and amended by resolutions BC-3-01-06-D, BC-04-28-10-E, BC-02-25-15-C, BC-05-13-15-B and
BC-02-08-17-A and, BC-05-09-18-A., and emergency amended by BC-__-__-__-__.
601.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
601.2-3. 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.
601.2-4. 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. Provided that, the Land Ordinance is applicable only to
valid land assignments existing as of January 1, 2016 and is hereby repealed upon the expiration
of the last existing land assignment.
601.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
601.3.
Definitions
601.3-1. 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, subject to 601.4-5.
(a) “Broker” means a person who acts as an agent and negotiates the sale, purchase or
rental of real property on behalf of others for a fee.
(b) “Certified survey map” means a map which provides the legal description of real
property and is officially filed and approved by the county, Tribal or municipal
governments.
(c) “Comprehensive Housing Division” means the division within the Nation under the
direction of the Comprehensive Housing Division Director which consists of all residential
6 O.C. 601 – Page 1
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services offered by the Nation, including but not limited to, all rental programs, the rentto-own program, and the residential sales and mortgages programs.
(d) “Easement” means a real property right to cross or otherwise utilize the land of another
for a specified purpose.
(e) “Estate” means a person’s interest in real property or other property.
(f) “Fiduciary” means a person required to act for the benefit of another person on all
matters within the scope of their relationship and by such a relationship owes another duties
of good faith, trust, confidence and candor. For the purposes of this law, both brokers and
salespersons are “fiduciaries.”
(g) “Guardian ad litem” means a guardian appointed by the Judiciary on behalf of an
incompetent or minor party.
(h) “Individual fee land” means real property held in fee status by an individual or group
of individuals.
(i) “Individual trust land” means individual Tribal land held in trust by the United States
of America for the benefit of a Tribal member.
(j) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
(k) “Land Management” means the entity within the Nation responsible for maintaining
the Oneida Nation Register of Deeds, entering into and administering agricultural and
commercial leases on behalf of the Nation, processing trust transactions and land
acquisition transactions, and for fulfilling other responsibilities as identified within this
law.
(l) “Land use license” means an agreement entered into by the Nation providing a party
the right to occupy and/or utilize a specified piece of Tribal land for a specific purpose and
a specific duration, which may require the Nation to be compensated for such use.
(m) “Leasehold mortgage” means a mortgage, deed of trust, or other instrument that
pledges a lessee’s leasehold interest as security for a debt or other obligation owed by the
lessee to a lender or other mortgagee.
(n) “Nation” means the Oneida Nation.
(o) “Personal representative” means a person to whom authority to administer a decedent’s
estate have been granted by Land Management or the Judiciary.
(p) “Probate” or “Administration” means any proceeding relating to a decedent’s estate,
whether there is or is not a will.
(q) “Real property” means land and anything growing on, attached to, or erected on the
land, excluding anything that may be severed without injury to the land.
(r) “Reservation” means all the property within the exterior boundaries of the Reservation
of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566,
and any lands added thereto pursuant to federal law.
(s) “Restricted fee status” means an interest in real property which includes a provision in
the deed or will that, upon the happening or failure to happen of a certain event, the title of
the purchaser or devisee shall be limited, enlarged, changed or terminated.
(t) “Rule” means a set of requirements, including fee schedules, enacted by the
Comprehensive Housing Division, Land Management, Oneida Planning Department
and/or the Oneida Land Commission in accordance with the Administrative Rulemaking
law, based on authority delegated in this law in order to implement, interpret and/or enforce
this law.
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(u) “TAAMS” (Trust Asset and Accounting Management System) means the Bureau of
Indian Affairs system for maintaining and tracking land title documents and all legal
documents relating to land transactions.
(v) “Title status report” means a report issued by the Bureau of Indian Affairs after a title
examination which shows the proper legal description of a tract of Tribal land; current
ownership, including any applicable conditions, exceptions, restrictions or encumbrances
on records; and whether the land is in unrestricted, restricted, trust, or other status as
indicated by the records in a Land Titles and Records Office.
(w) “Tribal fee land” means land held in fee status by the Nation.
(x) “Tribal land” means Tribal fee land and Tribal trust land.
(y) “Tribal member” means an individual who is an enrolled member of the Nation.
(z) “Tribal trust land” means the surface estate of land or any interest therein held by the
United States in trust for the Nation; land held by the Nation subject to federal restrictions
against alienation or encumbrance; land reserved for federal purposes; and/or land held by
the United States in trust for the Nation under Section 17 of the Indian Reorganization Act,
25 U.S.C §477, et. seq.
601.4.
General Provisions
601.4-1. Applicable Real Property. The provisions of this law extend to all Tribal member’s
individual fee land and Tribal member’s individual trust land within the Reservation boundaries
and all Tribal land.
601.4-2. Tribal Land Base. Land Management shall administer all transactions which add real
property to the Tribal land base under the provisions of this law.
601.4-3. Sale of Tribal Land Prohibited. The sale of Tribal land is specifically prohibited by this
law, unless the intent of the transaction is the consolidation or partition of Tribal trust land and/or
individual trust land.
601.4-4. New Land Assignments Prohibited. The Nation may not acknowledge any new land
assignments. Further, in order to be eligible for a Tribal loan issued against a real property interest
held as a land assignment, the land assignment shall first be converted to a residential lease.
601.4-5. Wisconsin Probate Code and its Related Chapters. In instances where the Nation lacks
definition, procedure, or legal precedent in a probate matter, the Nation shall use Wisconsin’s
Probate Code and its related chapters for guidance.
601.4-6. Wisconsin Real Property Law. The Nation shall follow all applicable portions of the
Wisconsin Real Property law when acquiring individual fee land.
601.4-7. No Waiver of Sovereign Immunity. Nothing in this law may be construed as a waiver of
the Nation’s sovereign immunity.
601.5.
Holding of Ownership
601.5-1. Interests in real property by more than one (1) person may be held in the following ways:
(a) Joint Tenancy with the Right of Survivorship. Pursuant to this ownership mechanism
each owner has an equal, undivided interest in the real property. When an owner dies,
his/her share is divided among the remaining owners; the last living owner owns the entire
property.
(1) Real property owned by married persons is held under this mechanism unless
they have executed a valid marital property agreement specifically stating that the
real property in question is held as tenants in common.
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(b) Tenancy in Common. Pursuant to this ownership mechanism each owner has a
percentage of divided interest in the real property. When an owner dies, his/her interest is
divided among his/her devisees or heirs.
(1) Real property owned by more than one (1) person, other than married persons,
is owned under this mechanism unless a deed or transfer document specifically
states the real property is held as joint tenants with rights of survivorship.
601.6.
Legal Descriptions
601.6-1. The legal description for any real property transferred under this law shall be derived
from a certified survey map or survey completed by a registered land surveyor according to
currently accepted minimum industry standards for property surveys. If the plat of survey changes
the legal description of the certified survey map for the same piece of property, the certified survey
map’s legal description shall be used on transfer documents along with the survey description,
which shall be designated as “Also Known As ...” Section, township, range and fourth principal
meridian shall be included in all legal descriptions.
601.6-2. Every land survey shall be made in accordance with the county register of deeds’ records
for fee land, and in accordance with the Oneida Nation Register of Deeds’ records for Tribal trust
lands and individual trust lands. The surveyor shall acquire data necessary to retrace record title
boundaries such as deeds, maps, certificates of title, title status reports, Tribal leases, Tribal home
purchase agreements, center line and other boundary line locations.
601.6-3. Legal descriptions defining land boundaries shall be complete, providing unequivocal
identification of line or boundaries.
601.6-4. All surveys prepared for the Nation shall comply with survey requirements outlined in
the Wisconsin Administrative Code, Chapter A-E7 and indicate setbacks, building locations and
encroachments, as applicable.
601.6-5. Legal descriptions shall be used on transfer documents formalizing a purchase, real
estate sale, lease, foreclosure, probate transfer, trust acquisition and Tribal resolutions.
601.6-6. When real estate is listed, noticed and/or advertised as available for sale, rent or lease to
Tribal members, the address is an adequate legal description of the real property.
601.7.
Title Transfer
601.7-1. Trust Acquisition. Land Management shall use title companies duly registered with the
Department of Interior and approved by the Land Management to update abstracts or provide title
insurance on real property scheduled for trust acquisition.
(a) Title companies shall follow general guidelines provided by the federal government in
terms of form, content, period of search, destroyed or lost records and abstracter’s
certificate.
(b) When researching land title for real property within the Reservation which is being
considered for trust acquisition, Land Management shall request the title company to search
the title back to the original allottee, in order to ensure that patents or Indian deeds were
legally issued.
(c) Any valid liens or encumbrances shown by the commitment for title insurance shall be
eliminated before the title is transferred into trust.
(d) After land is in trust both a title search of county records and a title status report
requested by Land Management from the Bureau of Indian Affairs shall verify all valid
encumbrances, if any, on the title. For the purposes of this section, a valid encumbrance is
one that has been preapproved, in writing, by Land Management based on a standard
operating procedure that is effective upon approval by the Oneida Land Commission.
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(e) Land Management applications to convert Tribal fee land into Tribal trust land require
an Oneida Land Commission resolution approving the conversion.
601.7-2. Deeds. A deed is the formal document used by the Land Management to transfer title
from one (1) party to another.
(a) A valid deed shall:
(1) Be in writing;
(2) Identify the grantor (seller) and grantee (buyer);
(3) Provide the legal description of the real property;
(4) Identify the interest conveyed, as well as any conditions, reservations,
exceptions, or rights of way attached to the interest;
(5) Be signed by or on behalf of each of the grantors (sellers);
(6) Be signed by or on behalf of each spouse of each of the grantors (sellers), if
applicable; and
(7) Be delivered to the grantee (buyer).
(b) In addition to the requirements listed in section 601.7-2(a), a deed prepared for trust
acquisition shall include:
(1) The federal authority for trust acquisition;
(2) Any exceptions or exclusions from the State of Wisconsin’s fees or other
transfer requirements;
(3) The approximate acreage of the real property being transferred to trust; and
(4) The authority and signature of the appropriate Department of Interior official
who accepts the real property into trust.
(c) A deed transferring fee simple title shall be recorded in the appropriate register of deeds
office, provided that, once the real property is in trust, the title shall be recorded with the
Oneida Nation Register of Deeds and the Bureau of Indian Affairs Land Titles and Records
Office.
601.7-3. Involuntary Transfer of Title. All involuntary transfers of title require a hearing and
order from the Judiciary, and may occur in the following ways:
(a) Eminent Domain. Eminent domain is the right of the Nation’s government to acquire
Tribal member individual fee land within the Reservation for public uses without the
consent of private owners.
(1) For the purposes of this section, public uses include, but are not limited to,
environmental protection, streets, highways, sanitary sewers, public utility/sites,
waste treatment facilities and public housing.
(2) Prior to exercising eminent domain, the Nation shall first attempt to negotiate
an agreeable taking by making an offer to purchase based on an appraisal of the
real property. The appraisal amount may be based on an appraisal provided by the
Nation. In the event the property owner objects to the Nation’s appraisal, they may
obtain an independent appraisal at their own cost. For the purposes of this section,
an appraisal means process for estimating a piece of real property’s value.
(3) The Nation’s exercise of eminent domain may be appealed to the Judiciary.
(b) Foreclosure. Foreclosures may occur subject to the Mortgage and Foreclosure law
when a Tribal member ceases payment on a leasehold mortgage.
(c) Tribal Land Consolidation. Section 207 of the Indian Land Consolidation Act (Pub.L.
No. 97-459, 96 Stat. 2515, and amended on October 30, 1984 by Pub.L. No. 98-608, 98
Stat. 3171) is incorporated into this law, which provides a mechanism for real property
within the Reservation to escheat, or pass, to the Nation.
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(1) Pursuant to section 207 of the Indian Land Consolidation Act, an ownership
interest in real property escheats, or passes, to the Nation under the following
circumstances, provided that the Nation shall provide just compensation for the
interest:
(A) The real property is within the Reservation boundaries;
(B) The decedent’s ownership in the given parcel of land is two percent
(2%) or less of the total acreage; and
(C) The interest is incapable of earning one hundred dollars ($100) in any
one (1) of the five (5) years immediately following the decedent’s death.
(2) A decedent’s heirs may appeal a land consolidation under this section to the
Judiciary.
(3) Land consolidation is subject to the probate requirements, as included in this
law and accompanying rules.
(d) Transferring Interests Inherited by Non-Tribal Members. If the owner of an interest of
real property which is held in trust or restricted fee status located within the Reservation
devises such interest to a non-Tribal member, the Nation may acquire the interest by paying
the fair market value of the interest determined as of the date of the decedent’s death. Such
transfer is effective upon receipt of an order transferring inherited interests from the
Judiciary pursuant to section 205 of the Indian Land Consolidation Act.
(1) An order transferring inherited interests may not be granted if:
(A) While the decedent’s estate is pending, the non-Indian devisee
denounces his or her interest in favor of a Tribal member person;
(B) The interest is part of a family farm that is devised to a member of the
immediate family of the decedent, provided that such a restriction shall be
recorded as part of the deed relating to the interest involved; or
(C) The devisee agrees in writing that the Nation may acquire the interest
for fair market value only if the interest is offered for sale to a person or
entity that is not a member of the immediate family of the owner of the
interest.
(e) Easements for Landlocked Properties. Land Management and the Oneida Land
Commission shall jointly develop rules regarding requests for easements for landlocked
properties.
601.7-4. Land Management shall work with the Oneida Law Office in order to pursue an
involuntary transfer of title.
601.8.
Probate
601.8-1. Land Management shall process and administer probate estates and, where necessary,
shall refer probate estates to the Oneida Judiciary for formal administration. Land Management
and the Oneida Land Commission shall jointly create any rules necessary to administer probate
estates. Land Management shall:
(a) Process applications for probate administration;
(b) Receive proof of heirship demonstrating a party is entitled to receive an intestate
decedent’s property pursuant to applicable laws and rules;
(c) Receive consent to serve forms and in undisputed matters, issue domiciliary letters;
(d) Require and receive affidavits of service;
(e) Receive waiver and consent to probate administration forms and any related affidavits;
(f) Issue notice to creditors of the probate’s administration, receive creditor claims for
consideration and settlement, and issue discharge of creditors when appropriate;
6 O.C. 601 – Page 6
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(g) Receive and process all estate inventories;
(h) Receive and process, when possible, land transactions in accordance with this law and
receive proof of recording documents;
(i) Receive estate receipts;
(j) In undisputed matters, receive and process statement of personal representative to close
estate and issue discharge of personal representative; and
(k) Refer disputed matters to the Judiciary, transfer probate and related documents, and
participate in the Judiciary’s proceedings as necessary.
601.8-2. The Judiciary shall hear and administer disputed probate estates or matters requiring
appointment of a guardian ad litem and shall have all the above powers conferred upon Land
Management in such cases. In addition, the Judiciary shall hear and administer probate estates in
which Land Management seeks appointment as a personal representative.
601.9.
Leasing of Real Property
601.9-1. In accordance with the Leasing law, Land Management shall administer and process all
leasing of Tribal land for agricultural and commercial purposes and the Comprehensive Housing
Division shall administer and process all leasing of Tribal land for residential purposes. The
Leasing law definition of Tribal land does not include Tribal fee land; however, pursuant to this
law, the responsible parties designated herein shall administer and process leases of both Tribal
fee land and Tribal trust land in accordance with the Leasing law.
601.10. Records
601.10-1. Purpose. Land Management shall oversee the administration of the Oneida Nation
Register of Deeds which shall accept and record documents related to real property located within
the Reservation, as well as documents related to all Tribal fee land, regardless of where it is located.
601.10-2. Types of Records. The Oneida Nation Register of Deeds may only accept documents
that provide evidence of activities affecting real property title, preserve the record of a title
document and give constructive notice of changes to a title document. Further, such documents
shall be originals, signed duplicates or certified copies. The following documents may be accepted
by the Oneida Nation Register of Deeds.
(a) Deeds;
(b) Probate orders;
(c) Mortgages and other valid liens;
(d) Easements, covenants, and restrictions;
(e) Certified survey maps and plats of survey;
(f) Patents;
(g) Declarations of involuntary transfer or taking;
(h) Satisfactions;
(i) Leases made pursuant to the Leasing law;
(j) Home ownership agreements made pursuant to the Landlord-Tenant law;
(k) Marriage agreements; and
(l) Correction of title defects.
601.10-3. Accessibility. The Oneida Nation Register of Deeds shall provide open access to land
records and title documents.
601.10-4. Trust Land. All documents pertaining to Tribal trust land and individual trust land shall
be recorded with the Oneida Nation Register of Deeds and the Bureau of Indian Affairs Land Titles
and Records Office.
6 O.C. 601 – Page 7
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601.10-5. Tribal Seal. The Nation’s Secretary shall provide Land Management with the Nation’s
seal to be used to authenticate documents which are certified by the Oneida Nation Register of
Deeds.
601.11. Real Estate Education Requirements and Certifications
601.11-1. Wisconsin Real Estate Education and Exam Required. All persons engaging in the
acquisition of Tribal fee land on behalf of the Nation, specifically those performing real estate
closings, shall pass the Wisconsin Real Estate License Exam. Such persons are not required to
obtain a Wisconsin Real Estate License, but shall fulfill the pre-license education requirement,
pass the licensing exam and fulfill a minimum of twelve (12) hours or four (4) courses of
continuing education requirements as required of Wisconsin real estate licensees. The Land
Management director shall select which continuing education courses are required and the Oneida
Law Office shall provide the director with a recommendation. In addition to Wisconsin’s minimum
education requirements as applied to the Nation’s real estate employees in this law, Land
Management shall require such employees to attend real estate training specific to the Nation’s
goals and unique positions as the Oneida Law Office shall offer on an as-needed basis.
(a) While Wisconsin real estate law allows persons engaged in the sale of real estate to
earn a commission, persons acquiring Tribal fee land on behalf of the Nation are regular
employees of the Nation and, therefore, shall waive any commission for which they might
otherwise be eligible.
(b) It is critical to the Oneida Nation’s goal to reacquire property within the original
Reservation boundaries to have employees educated and experienced in executing real
estate transactions. Accordingly, Land Management shall employ a minimum of one (1)
employee whose primary focus is real estate acquisitions and shall ensure that a minimum
of two (2) employees are educated and trained as backups to the primary.
601.11-2. TAAMS Certification Required. All persons responsible for encoding leasing
information shall obtain a TAAMS certification, which includes, but is not limited to, the following
positions:
(a) Residential and Commercial Leasing Specialists;
(b) Land Title and Trust Manager; and
(c) Title Examiner.
601.11-3. Fiduciary Responsibility. All persons engaged in the buying or selling of Tribal land
shall, at all times, act as a fiduciary to the Nation. Further, all such persons shall comply with all
applicable Tribal and federal laws.
601.12. Organization
601.12-1. Comprehensive Housing Division. The Comprehensive Housing Division shall oversee
all residential transactions within the Reservation and shall process and administer such
transactions using the applicable of the Landlord-Tenant law, the Mortgage and Foreclosure law,
the Leasing law and/or the Eviction and Termination law; including any corresponding rules. In
addition, the Oneida Land Commission and the Comprehensive Housing Division shall exercise
joint rulemaking authority to provide process requirements, including but not limited to
advertising, notice, prequalification, and selection, that apply in all circumstances when the Nation
is selling a residential property.
601.12-2. Oneida Land Commission. The Oneida Land Commission is comprised of seven (7)
elected Tribal members and shall:
(a) Interpret the provisions of this law and create policy to guide Land Management in
implementing the same;
6 O.C. 601 – Page 8
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(b) Approve or deny all easements and land use licenses;
(c) Review and adopt Land Management’s standard operating procedures for entering into
agriculture and commercial leases pursuant to the Leasing law;
(d) Approve or deny all acquisition of Tribal land;
(e) Allocate and assign land uses to all Tribal land, except those uses governed by the
Public Use of Tribal Land law, based on the Land Use Technical Unit rules which the
Oneida Planning Department shall develop in collaboration with affected Oneida divisions
and departments and the Oneida Land Commission; and
(f) Name all buildings, roads, parks and the like on Tribal land.
601.12-3. Land Management. Land Management shall implement this law in accordance with the
policy directives provided by the Oneida Land Commission. Land Management shall:
(a) Forward requests for easements and land use licenses to the Oneida Land Commission
based on the easement and land use license rules jointly developed by Land Management
and the Oneida Land Commission;
(b) Administer and oversee the Oneida Nation Register of Deeds;
(c) Enter into and administer agricultural and commercial leases pursuant to the Leasing
law and the Eviction and Termination law and any corresponding rules;
(d) Prepare title reports and process trust transactions; and
(e) Process land acquisition transactions as approved by the Oneida Land Commission.
601.12-4. Administrative Rulemaking Authority. The Comprehensive Housing Division, Oneida
Land Commission, and Land Management are delegated rulemaking authority as needed to
exercise the authority granted and manage the responsibilities bestowed upon each area as
identified in this law.
End.
Adopted-BC-05-29-96-A
Amended-BC-03-01-06-D
Amended-BC-04-28-10-E
Amended-BC-02-25-15-C
Amended-BC-05-13-15-B
Amended-BC-02-08-17-A
Emergency Amendment-Amended - BC-06-14-17-A
Amended-BC-05-09-18-A
Emergency Amended – BC-__-__-__-__
6 O.C. 601 – Page 9
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Title 6. Property and Land – Chapter 601
Tok^ske Kayanl^hsla Tsi> Ni>yohuntsya=t#
The real/certain laws of the territory of the nation
REAL PROPERTY
601.1.
601.2.
601.3.
601.4.
601.5.
601.6.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
General Provisions
Holding of Ownership
Legal Descriptions
601.7.
601.8.
601.9.
601.10.
601.11.
601.12.
Title Transfer
Probate
Leasing of Real Property
Records
Real Estate Education Requirements and Certifications
Organization
601.1.
Purpose and Policy
601.1-1. Purpose. The purpose of this law is to provide regulations and procedures for the
transfer, control and management of the territory within the Reservation and all Tribal land; to
integrate these regulations and procedures with the real property laws and practices of other federal
and state sovereigns which may hold jurisdiction within the Reservation; and to establish licensing
and certification requirements for the Nation’s employees dealing with real property transactions.
601.1-2. Policy. It is the policy of the Nation to set out the responsibilities and expectations for
persons purchasing and/or managing real property on behalf of the Nation and/or within the
Reservation and to provide real property holder’s rights and responsibilities. In addition, it is the
Nation’s policy that probated estates shall be settled expeditiously and without undue delay.
601.2.
Adoption, Amendment, Repeal
601.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-29-96-A
and amended by resolutions BC-3-01-06-D, BC-04-28-10-E, BC-02-25-15-C, BC-05-13-15-B and
BC-02-08-17-A, BC-05-09-18-A, and emergency amended by BC-__-__-__-__.
601.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
601.2-3. 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.
601.2-4. 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. Provided that, the Land Ordinance is applicable only to
valid land assignments existing as of January 1, 2016 and is hereby repealed upon the expiration
of the last existing land assignment.
601.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
601.3.
Definitions
601.3-1. 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, subject to 601.4-5.
(a) “Broker” means a person who acts as an agent and negotiates the sale, purchase or
rental of real property on behalf of others for a fee.
(b) “Certified survey map” means a map which provides the legal description of real
property and is officially filed and approved by the county, Tribal or municipal
governments.
(c) “Comprehensive Housing Division” means the division within the Nation under the
direction of the Comprehensive Housing Division Director which consists of all residential
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services offered by the Nation, including but not limited to, all rental programs, the rentto-own program, and the residential sales and mortgages programs.
(d) “Easement” means a real property right to cross or otherwise utilize the land of another
for a specified purpose.
(e) “Estate” means a person’s interest in real property or other property.
(f) “Fiduciary” means a person required to act for the benefit of another person on all
matters within the scope of their relationship and by such a relationship owes another duties
of good faith, trust, confidence and candor. For the purposes of this law, both brokers and
salespersons are “fiduciaries.”
(g) “Guardian ad litem” means a guardian appointed by the Judiciary on behalf of an
incompetent or minor party.
(h) “Individual fee land” means real property held in fee status by an individual or group
of individuals.
(i) “Individual trust land” means individual Tribal land held in trust by the United States
of America for the benefit of a Tribal member.
(j) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
(k) “Land Management” means the entity within the Nation responsible for maintaining
the Oneida Nation Register of Deeds, entering into and administering agricultural and
commercial leases on behalf of the Nation, processing trust transactions and land
acquisition transactions, and for fulfilling other responsibilities as identified within this
law.
(l) “Land use license” means an agreement entered into by the Nation providing a party
the right to occupy and/or utilize a specified piece of Tribal land for a specific purpose and
a specific duration, which may require the Nation to be compensated for such use.
(m) “Leasehold mortgage” means a mortgage, deed of trust, or other instrument that
pledges a lessee’s leasehold interest as security for a debt or other obligation owed by the
lessee to a lender or other mortgagee.
(n) “Nation” means the Oneida Nation.
(o) “Personal representative” means a person to whom authority to administer a decedent’s
estate have been granted by Land Management or the Judiciary.
(p) “Probate” or “Administration” means any proceeding relating to a decedent’s estate,
whether there is or is not a will.
(q) “Real property” means land and anything growing on, attached to, or erected on the
land, excluding anything that may be severed without injury to the land.
(r) “Reservation” means all the property within the exterior boundaries of the Reservation
of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566,
and any lands added thereto pursuant to federal law.
(s) “Restricted fee status” means an interest in real property which includes a provision in
the deed or will that, upon the happening or failure to happen of a certain event, the title of
the purchaser or devisee shall be limited, enlarged, changed or terminated.
(t) “Rule” means a set of requirements, including fee schedules, enacted by the
Comprehensive Housing Division, Land Management, Oneida Planning Department
and/or the Oneida Land Commission in accordance with the Administrative Rulemaking
law, based on authority delegated in this law in order to implement, interpret and/or enforce
this law.
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(u) “TAAMS” (Trust Asset and Accounting Management System) means the Bureau of
Indian Affairs system for maintaining and tracking land title documents and all legal
documents relating to land transactions.
(v) “Title status report” means a report issued by the Bureau of Indian Affairs after a title
examination which shows the proper legal description of a tract of Tribal land; current
ownership, including any applicable conditions, exceptions, restrictions or encumbrances
on records; and whether the land is in unrestricted, restricted, trust, or other status as
indicated by the records in a Land Titles and Records Office.
(w) “Tribal fee land” means land held in fee status by the Nation.
(x) “Tribal land” means Tribal fee land and Tribal trust land.
(y) “Tribal member” means an individual who is an enrolled member of the Nation.
(z) “Tribal trust land” means the surface estate of land or any interest therein held by the
United States in trust for the Nation; land held by the Nation subject to federal restrictions
against alienation or encumbrance; land reserved for federal purposes; and/or land held by
the United States in trust for the Nation under Section 17 of the Indian Reorganization Act,
25 U.S.C §477, et. seq.
601.4.
General Provisions
601.4-1. Applicable Real Property. The provisions of this law extend to all Tribal member’s
individual fee land and Tribal member’s individual trust land within the Reservation boundaries
and all Tribal land.
601.4-2. Tribal Land Base. Land Management shall administer all transactions which add real
property to the Tribal land base under the provisions of this law.
601.4-3. Sale of Tribal Land Prohibited. The sale of Tribal land is specifically prohibited by this
law, unless the intent of the transaction is the consolidation or partition of Tribal trust land and/or
individual trust land.
601.4-4. New Land Assignments Prohibited. The Nation may not acknowledge any new land
assignments. Further, in order to be eligible for a Tribal loan issued against a real property interest
held as a land assignment, the land assignment shall first be converted to a residential lease.
601.4-5. Wisconsin Probate Code and its Related Chapters. In instances where the Nation lacks
definition, procedure, or legal precedent in a probate matter, the Nation shall use Wisconsin’s
Probate Code and its related chapters for guidance.
601.4-6. Wisconsin Real Property Law. The Nation shall follow all applicable portions of the
Wisconsin Real Property law when acquiring individual fee land.
601.4-7. No Waiver of Sovereign Immunity. Nothing in this law may be construed as a waiver of
the Nation’s sovereign immunity.
601.5.
Holding of Ownership
601.5-1. Interests in real property by more than one (1) person may be held in the following ways:
(a) Joint Tenancy with the Right of Survivorship. Pursuant to this ownership mechanism
each owner has an equal, undivided interest in the real property. When an owner dies,
his/her share is divided among the remaining owners; the last living owner owns the entire
property.
(1) Real property owned by married persons is held under this mechanism unless
they have executed a valid marital property agreement specifically stating that the
real property in question is held as tenants in common.
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(b) Tenancy in Common. Pursuant to this ownership mechanism each owner has a
percentage of divided interest in the real property. When an owner dies, his/her interest is
divided among his/her devisees or heirs.
(1) Real property owned by more than one (1) person, other than married persons,
is owned under this mechanism unless a deed or transfer document specifically
states the real property is held as joint tenants with rights of survivorship.
601.6.
Legal Descriptions
601.6-1. The legal description for any real property transferred under this law shall be derived
from a certified survey map or survey completed by a registered land surveyor according to
currently accepted minimum industry standards for property surveys. If the plat of survey changes
the legal description of the certified survey map for the same piece of property, the certified survey
map’s legal description shall be used on transfer documents along with the survey description,
which shall be designated as “Also Known As ...” Section, township, range and fourth principal
meridian shall be included in all legal descriptions.
601.6-2. Every land survey shall be made in accordance with the county register of deeds’ records
for fee land, and in accordance with the Oneida Nation Register of Deeds’ records for Tribal trust
lands and individual trust lands. The surveyor shall acquire data necessary to retrace record title
boundaries such as deeds, maps, certificates of title, title status reports, Tribal leases, Tribal home
purchase agreements, center line and other boundary line locations.
601.6-3. Legal descriptions defining land boundaries shall be complete, providing unequivocal
identification of line or boundaries.
601.6-4. All surveys prepared for the Nation shall comply with survey requirements outlined in
the Wisconsin Administrative Code, Chapter A-E7 and indicate setbacks, building locations and
encroachments, as applicable.
601.6-5. Legal descriptions shall be used on transfer documents formalizing a purchase, real
estate sale, lease, foreclosure, probate transfer, trust acquisition and Tribal resolutions.
601.6-6. When real estate is listed, noticed and/or advertised as available for sale, rent or lease to
Tribal members, the address is an adequate legal description of the real property.
601.7.
Title Transfer
601.7-1. Trust Acquisition. Land Management shall use title companies duly registered with the
Department of Interior and approved by the Land Management to update abstracts or provide title
insurance on real property scheduled for trust acquisition.
(a) Title companies shall follow general guidelines provided by the federal government in
terms of form, content, period of search, destroyed or lost records and abstracter’s
certificate.
(b) When researching land title for real property within the Reservation which is being
considered for trust acquisition, Land Management shall request the title company to search
the title back to the original allottee, in order to ensure that patents or Indian deeds were
legally issued.
(c) Any valid liens or encumbrances shown by the commitment for title insurance shall be
eliminated before the title is transferred into trust.
(d) After land is in trust both a title search of county records and a title status report
requested by Land Management from the Bureau of Indian Affairs shall verify all valid
encumbrances, if any, on the title. For the purposes of this section, a valid encumbrance is
one that has been preapproved, in writing, by Land Management based on a standard
operating procedure that is effective upon approval by the Oneida Land Commission.
6 O.C. 601 – Page 4
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(e) Land Management applications to convert Tribal fee land into Tribal trust land require
an Oneida Land Commission resolution approving the conversion.
601.7-2. Deeds. A deed is the formal document used by the Land Management to transfer title
from one (1) party to another.
(a) A valid deed shall:
(1) Be in writing;
(2) Identify the grantor (seller) and grantee (buyer);
(3) Provide the legal description of the real property;
(4) Identify the interest conveyed, as well as any conditions, reservations,
exceptions, or rights of way attached to the interest;
(5) Be signed by or on behalf of each of the grantors (sellers);
(6) Be signed by or on behalf of each spouse of each of the grantors (sellers), if
applicable; and
(7) Be delivered to the grantee (buyer).
(b) In addition to the requirements listed in section 601.7-2(a), a deed prepared for trust
acquisition shall include:
(1) The federal authority for trust acquisition;
(2) Any exceptions or exclusions from the State of Wisconsin’s fees or other
transfer requirements;
(3) The approximate acreage of the real property being transferred to trust; and
(4) The authority and signature of the appropriate Department of Interior official
who accepts the real property into trust.
(c) A deed transferring fee simple title shall be recorded in the appropriate register of deeds
office, provided that, once the real property is in trust, the title shall be recorded with the
Oneida Nation Register of Deeds and the Bureau of Indian Affairs Land Titles and Records
Office.
601.7-3. Involuntary Transfer of Title. All involuntary transfers of title require a hearing and
order from the Judiciary, and may occur in the following ways:
(a) Eminent Domain. Eminent domain is the right of the Nation’s government to acquire
Tribal member individual fee land within the Reservation for public uses without the
consent of private owners.
(1) For the purposes of this section, public uses include, but are not limited to,
environmental protection, streets, highways, sanitary sewers, public utility/sites,
waste treatment facilities and public housing.
(2) Prior to exercising eminent domain, the Nation shall first attempt to negotiate
an agreeable taking by making an offer to purchase based on an appraisal of the
real property. The appraisal amount may be based on an appraisal provided by the
Nation. In the event the property owner objects to the Nation’s appraisal, they may
obtain an independent appraisal at their own cost. For the purposes of this section,
an appraisal means process for estimating a piece of real property’s value.
(3) The Nation’s exercise of eminent domain may be appealed to the Judiciary.
(b) Foreclosure. Foreclosures may occur subject to the Mortgage and Foreclosure law
when a Tribal member ceases payment on a leasehold mortgage.
(c) Tribal Land Consolidation. Section 207 of the Indian Land Consolidation Act (Pub.L.
No. 97-459, 96 Stat. 2515, and amended on October 30, 1984 by Pub.L. No. 98-608, 98
Stat. 3171) is incorporated into this law, which provides a mechanism for real property
within the Reservation to escheat, or pass, to the Nation.
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(1) Pursuant to section 207 of the Indian Land Consolidation Act, an ownership
interest in real property escheats, or passes, to the Nation under the following
circumstances, provided that the Nation shall provide just compensation for the
interest:
(A) The real property is within the Reservation boundaries;
(B) The decedent’s ownership in the given parcel of land is two percent
(2%) or less of the total acreage; and
(C) The interest is incapable of earning one hundred dollars ($100) in any
one (1) of the five (5) years immediately following the decedent’s death.
(2) A decedent’s heirs may appeal a land consolidation under this section to the
Judiciary.
(3) Land consolidation is subject to the probate requirements, as included in this
law and accompanying rules.
(d) Transferring Interests Inherited by Non-Tribal Members. If the owner of an interest of
real property which is held in trust or restricted fee status located within the Reservation
devises such interest to a non-Tribal member, the Nation may acquire the interest by paying
the fair market value of the interest determined as of the date of the decedent’s death. Such
transfer is effective upon receipt of an order transferring inherited interests from the
Judiciary pursuant to section 205 of the Indian Land Consolidation Act.
(1) An order transferring inherited interests may not be granted if:
(A) While the decedent’s estate is pending, the non-Indian devisee
denounces his or her interest in favor of a Tribal member person;
(B) The interest is part of a family farm that is devised to a member of the
immediate family of the decedent, provided that such a restriction shall be
recorded as part of the deed relating to the interest involved; or
(C) The devisee agrees in writing that the Nation may acquire the interest
for fair market value only if the interest is offered for sale to a person or
entity that is not a member of the immediate family of the owner of the
interest.
(e) Easements for Landlocked Properties. Land Management and the Oneida Land
Commission shall jointly develop rules regarding requests for easements for landlocked
properties.
601.7-4. Land Management shall work with the Oneida Law Office in order to pursue an
involuntary transfer of title.
601.8.
Probate
601.8-1. Land Management shall process and administer probate estates and, where necessary,
shall refer probate estates to the Oneida Judiciary for formal administration. Land Management
and the Oneida Land Commission shall jointly create any rules necessary to administer probate
estates. Land Management shall:
(a) Process applications for probate administration;
(b) Receive proof of heirship demonstrating a party is entitled to receive an intestate
decedent’s property pursuant to applicable laws and rules;
(c) Receive consent to serve forms and in undisputed matters, issue domiciliary letters;
(d) Require and receive affidavits of service;
(e) Receive waiver and consent to probate administration forms and any related affidavits;
(f) Issue notice to creditors of the probate’s administration, receive creditor claims for
consideration and settlement, and issue discharge of creditors when appropriate;
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(g) Receive and process all estate inventories;
(h) Receive and process, when possible, land transactions in accordance with this law and
receive proof of recording documents;
(i) Receive estate receipts;
(j) In undisputed matters, receive and process statement of personal representative to close
estate and issue discharge of personal representative; and
(k) Refer disputed matters to the Judiciary, transfer probate and related documents, and
participate in the Judiciary’s proceedings as necessary.
601.8-2. The Judiciary shall hear and administer disputed probate estates or matters requiring
appointment of a guardian ad litem and shall have all the above powers conferred upon Land
Management in such cases. In addition, the Judiciary shall hear and administer probate estates in
which Land Management seeks appointment as a personal representative.
601.9.
Leasing of Real Property
601.9-1. In accordance with the Leasing law, Land Management shall administer and process all
leasing of Tribal land for agricultural and commercial purposes and the Comprehensive Housing
Division shall administer and process all leasing of Tribal land for residential purposes. The
Leasing law definition of Tribal land does not include Tribal fee land; however, pursuant to this
law, the responsible parties designated herein shall administer and process leases of both Tribal
fee land and Tribal trust land in accordance with the Leasing law.
601.10. Records
601.10-1. Purpose. Land Management shall oversee the administration of the Oneida Nation
Register of Deeds which shall accept and record documents related to real property located within
the Reservation, as well as documents related to all Tribal fee land, regardless of where it is located.
601.10-2. Types of Records. The Oneida Nation Register of Deeds may only accept documents
that provide evidence of activities affecting real property title, preserve the record of a title
document and give constructive notice of changes to a title document. Further, such documents
shall be originals, signed duplicates or certified copies. The following documents may be accepted
by the Oneida Nation Register of Deeds.
(a) Deeds;
(b) Probate orders;
(c) Mortgages and other valid liens;
(d) Easements, covenants, and restrictions;
(e) Certified survey maps and plats of survey;
(f) Patents;
(g) Declarations of involuntary transfer or taking;
(h) Satisfactions;
(i) Leases made pursuant to the Leasing law;
(j) Home ownership agreements made pursuant to the Landlord-Tenant law;
(k) Marriage agreements; and
(l) Correction of title defects.
601.10-3. Accessibility. The Oneida Nation Register of Deeds shall provide open access to land
records and title documents.
601.10-4. Trust Land. All documents pertaining to Tribal trust land and individual trust land shall
be recorded with the Oneida Nation Register of Deeds and the Bureau of Indian Affairs Land Titles
and Records Office.
6 O.C. 601 – Page 7
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601.10-5. Tribal Seal. The Nation’s Secretary shall provide Land Management with the Nation’s
seal to be used to authenticate documents which are certified by the Oneida Nation Register of
Deeds.
601.11. Real Estate Education Requirements and Certifications
601.11-1. Wisconsin Real Estate Education and Exam Required. All persons engaging in the
acquisition of Tribal fee land on behalf of the Nation, specifically those performing real estate
closings, shall pass the Wisconsin Real Estate License Exam. Such persons are not required to
obtain a Wisconsin Real Estate License, but shall fulfill the pre-license education requirement,
pass the licensing exam and fulfill a minimum of twelve (12) hours or four (4) courses of
continuing education requirements as required of Wisconsin real estate licensees. The Land
Management director shall select which continuing education courses are required and the Oneida
Law Office shall provide the director with a recommendation. In addition to Wisconsin’s minimum
education requirements as applied to the Nation’s real estate employees in this law, Land
Management shall require such employees to attend real estate training specific to the Nation’s
goals and unique positions as the Oneida Law Office shall offer on an as-needed basis.
(a) While Wisconsin real estate law allows persons engaged in the sale of real estate to
earn a commission, persons acquiring Tribal fee land on behalf of the Nation are regular
employees of the Nation and, therefore, shall waive any commission for which they might
otherwise be eligible.
(b) It is critical to the Oneida Nation’s goal to reacquire property within the original
Reservation boundaries to have employees educated and experienced in executing real
estate transactions. Accordingly, Land Management shall employ a minimum of one (1)
employee whose primary focus is real estate acquisitions and shall ensure that a minimum
of two (2) employees are educated and trained as backups to the primary.
601.11-2. TAAMS Certification Required. All persons responsible for encoding leasing
information shall obtain a TAAMS certification, which includes, but is not limited to, the following
positions:
(a) Residential and Commercial Leasing Specialists;
(b) Land Title and Trust Manager; and
(c) Title Examiner.
601.11-3. Fiduciary Responsibility. All persons engaged in the buying or selling of Tribal land
shall, at all times, act as a fiduciary to the Nation. Further, all such persons shall comply with all
applicable Tribal and federal laws.
601.12. Organization
601.12-1. Comprehensive Housing Division. The Comprehensive Housing Division shall oversee
all residential transactions within the Reservation and shall process and administer such
transactions using the applicable of the Landlord-Tenant law, the Mortgage and Foreclosure law,
the Leasing law and/or the Eviction and Termination law; including any corresponding rules. In
addition, the Oneida Land Commission and the Comprehensive Housing Division shall exercise
joint rulemaking authority to provide process requirements, including but not limited to
advertising, notice, prequalification, and selection, that apply in all circumstances when the Nation
is selling a residential property.
601.12-2. Oneida Land Commission. The Oneida Land Commission is comprised of seven (7)
elected Tribal members and shall:
(a) Interpret the provisions of this law and create policy to guide Land Management in
implementing the same;
6 O.C. 601 – Page 8
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(b) Approve or deny all easements and land use licenses;
(c) Review and adopt Land Management’s standard operating procedures for entering into
agriculture and commercial leases pursuant to the Leasing law;
(d) Approve or deny all acquisition of Tribal land;
(e) Allocate and assign land uses to all Tribal land, except those uses governed by the
Public Use of Tribal Land law, based on the Land Use Technical Unit rules which the
Oneida Planning Department shall develop in collaboration with affected Oneida divisions
and departments and the Oneida Land Commission; and
(f) Name all buildings, roads, parks and the like on Tribal land.
601.12-3. Land Management. Land Management shall implement this law in accordance with the
policy directives provided by the Oneida Land Commission. Land Management shall:
(a) Forward requests for easements and land use licenses to the Oneida Land Commission
based on the easement and land use license rules jointly developed by Land Management
and the Oneida Land Commission;
(b) Administer and oversee the Oneida Nation Register of Deeds;
(c) Enter into and administer agricultural and commercial leases pursuant to the Leasing
law and the Eviction and Termination law and any corresponding rules;
(d) Prepare title reports and process trust transactions; and
(e) Process land acquisition transactions as approved by the Oneida Land Commission.
601.12-4. Administrative Rulemaking Authority. The Comprehensive Housing Division, Oneida
Land Commission, and Land Management are delegated rulemaking authority as needed to
exercise the authority granted and manage the responsibilities bestowed upon each area as
identified in this law.
End.
Adopted-BC-05-29-96-A
Amended-BC-03-01-06-D
Amended-BC-04-28-10-E
Amended-BC-02-25-15-C
Amended-BC-05-13-15-B
Amended-BC-02-08-17-A
Emergency Amended - BC-06-14-17-A
Amended-BC-05-09-18-A
Emergency Amended – BC-__-__-__-__
6 O.C. 601 – Page 9
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Oneida Business Committee Agenda Request
Determine next steps regarding one (1) vacancy - Oneida Airport Hotel Corporation Board of Directors
1. Meeting Date Requested:
01 / 22 / 20
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Appointments
Accept as Information only
Action - please describe:
Determine next steps regarding one (1) vacancy(ies) - Oneida Airport Hotel Corporation Board of Directors
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Secretary
Primary Requestor/Submitter:
Brooke Doxtator, Boards, Committees, and Commissions Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
One (1) vacancy(ies) were posted for the Oneida Airport Hotel Corporation Board of Directors
The application deadline was January 3, 2020 and two (2) application(s) were received for the following
applicant(s):
Kateri Baker
Beverly Anderson
The Corporate Charter of OAHC Article VII.A. states “The Business Committee, in selecting and appointing
members of the Board of Directors, shall give due consideration to qualities of industry, responsibility, integrity
and judgment, and shall have due regard for:
1. The need for diversity of experience on the Board of Directors
2. The need for adequate representation of the various areas of expertise served and required by the Corporation
3. The guidelines of organizations providing financial assistance to the Corporation”
Action requested:
accept the selected the applicant(s) and appoint to term ending January 31, 2025.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
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Oneida Business Committee Agenda Request
Determine next steps regarding three (3) vacancies - Oneida Youth Leadership Institute Board
1. Meeting Date Requested:
01 / 22 / 20
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Appointments
Accept as Information only
Action - please describe:
Determine next steps regarding three (3) vacancies - Oneida Youth Leadership Institute Board
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Secretary
Primary Requestor/Submitter:
Brooke Doxtator, Boards, Committees, and Commissions Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Three (3) vacancies were posted for the Oneida Youth Leadership Institute Board .
The application deadline was January 3, 2020 and one (1) application(s) were received for the following
applicant(s):
Marlon G. Skenandore
According to OYLI's Charter
Section I.A. Creation. The Oneida Youth Leadership Institute ("OYLI") is hereby established as a wholly owned
unincorporated agency of the Oneida Nation (the "Nation"), and shall be governed and managed by a Board of
Directors, subject to the provisions of this Charter; the Board of Directors is not a board, committee or
commission for purposes of the Comprehensive Policy Governing Boards, Committees and Commissions.
Action requested:
(1) accept the selected the applicant(s) and appoint Marlon G. Skenandore to term ending June 30, 2022 OR June
30, 2023; AND
(2) repost the remaining two (2) vacancies for the Oneida Youth Leadership Institute Board.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
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Accept the December 30, 2019, regular Finance Committee meeting minutes
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INTERNAL MEMO
TO:
Finance Committee
FR:
Denise J. Vigue, Executive Assistant to the CFO &
Finance Committee Contact /Support
DT:
12/31/19
RE:
E-Poll Results - FC Meeting Minutes of Dec. 30, 2019
An E-Poll vote of the Finance Committee was conducted to approve the Finance
Committee meeting minutes of December 30, 2019. The E-Poll and minutes were sent
out and the E-Poll was concluded today. The results of the completed E-Poll are as
follows:
E-POLL RESULTS:
T her e wa s a M aj o r i t y of
3
F C m em ber s v ot i ng t o a p pr o ve th e Dec . 3 0 , 2 0 19
Fi na nc e C om m itt ee M ee t in g M i n ut es . F C M em ber s vo t in g i nc l ud e d: C h ad F us s ,
Da v i d J o r d a n a n d D a n ie l G u zm a n K i ng . L a r r y B ar t o n abs ta i n ed as h e c h air e d
th e m ee t in g .
These Finance Committee Minutes of Dec. 30, 2019 (with correction) will be placed on
the next Finance Committee agenda of Jan. 13, 2020 to ratify this E-Poll action. Per
the FC By-Laws all Minutes of the FC will be submitted to the Secretary’s Office once a
month for BC acceptance.
E-Polls of the Finance Committee meeting minutes is part of the FC By-Laws and approval conducted per the FC
SOP’s on Electronic Voting.
Finance Administration Office
Phone: 920- 869-4325
FAO@oneidanation.org
Public Packet
74 of 254
FINANCE COMMITTEE
FC REG ULAR MEETING
Dec. 30, 2019 ▪ Time: 9:00 A.M.
BC Executive Conference Room
REGULAR MEETING MINUTES
FC REGULAR MEETING:
Larry Barton, CFO/FC Vice-Chair
Daniel Guzman King, BC Council Member
David Jordan, BC Council Member (FC Alt.)
Chad Fuss, Gaming AGM; GGM Alt.
EXCUSED: Patricia King, Treasurer/FC Chair, Jennifer Webster, BC Council Member, Patrick Stensloff,
Purchasing Director and Shirley Barber, FC Elder Member
OTHERS PRESENT: Jeff Carlson, Nathan Maufort and Denise J. Vigue, taking Minutes
I.
CALL TO ORDER: The FC Regular Meeting was called to order by the FC Vice-Chair at 9:03 A.M.
II.
APPROVAL OF AGENDA: DECEMBER 30, 2019
Motion by Chad Fuss to approve the Dec. 30, 2019 FC Meeting Agenda. Seconded by Daniel
Guzman King. Motion carried unanimously.
III.
APPROVAL OF MINUTES: DECEMBER 16, 2019 (Approved via E-Poll on 12/16/19):
Item not addressed.
IV.
TABLED BUSINESS: NONE
V.
CAPITAL EXPENDITURES:
1.
TGHS – Chiller compressor
Timothy Skenandore, Gaming Facilities
Amount: $57,575.
Nathan was present to explain this request for a chiller compressor replacement at the main casino,
compressor needed to cool building; orders take up to three months to fill; hope to get it installed
by spring.
Motion by David Jordan to approve the Gaming Capital Expenditures for the chiller compressor
from TGHS in the amount of $57,575.00. Seconded by Daniel Guzman King. Motion carried
unanimously.
VI.
COMMUNITY FUND:
REPORTS:
1. Community Fund Monthly Report for January 2020
Denise J. Vigue, Finance Administration Office
Motion by Chad Fuss to approve the Community Fund report for January 2020. Seconded by
Daniel Guzman King. Motion carried unanimously.
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REQUESTS:
1.
Midwest Force Select Hoops player fees
Requester: Erika Sommers for daughter, Harmony
Amount: $500.
Motion by David Jordan to approve from the Community Fund the Midwest Force Select Hoops
player fees for the daughter of the requester in the amount of $500.00. Seconded by Chad Fuss.
Motion carried unanimously.
2.
Green Bay Purple Aces player fees
Requester: Tabitha DeGroot for daughter, Taliah
Amount: $500.
Motion by Chad Fuss to approve from the Community Fund the Green Bay Purple Aces player fees
for the daughter of the requester in the amount of $500.00. Seconded by Daniel Guzman King.
Motion carried unanimously.
3.
Green Bay Purple Aces player fees
Requester: Lois Stevens for daughter, Marley
Amount: $500.
Motion by David Jordan to approve from the Community Fund the Green Bay Purple Aces player
fees for the daughter of the requester in the amount of $500.00. Seconded by Daniel Guzman
King. Motion carried unanimously.
4.
Freedom Athletic Association Softball Registration
Requester: Cindy John for daughter, Jaydah
Amount: $60.
Motion by David Jordan to approve from the Community Fund the Freedom Athletic Association
Softball registration for the daughter of the requester in the amount of $60.00. Seconded by Chad
Fuss. Motion carried unanimously.
5.
Freedom Athletic Association Softball Registration
Requester: Cindy John for daughter, Mylah
Amount: $45
Motion by Daniel Guzman King to approve from the Community Fund the Freedom Athletic
Association Softball registration for the daughter of the requester in the amount of $45.00.
Seconded by David Jordan. Motion carried unanimously.
6.
Great Lakes Region-Embroidery Guild Conf. Registration
Requester: Jennifer Falck
Amount: $500.
Motion by David Jordan to approve from the Community Fund the Great Lakes Region-Embroidery
Guild Conference registration in the amount of $500.00. Seconded by Daniel Guzman King.
Motion carried unanimously.
7.
Work Some More -Basketball fees
Requester: Stacy White for son, Jaicius
Amount: $500.
Motion by Chad Fuss to approve from the Community Fund the Work Some More Basketball fees
for the son of the requester in the amount of $500.00. Seconded by David Jordan. Motion carried
unanimously.
8.
Jujitsu Testing Fees
Requester: Constance Danforth
Amount: $144.
Motion by David Jordan to approve from the Community Fund the Jujitsu Testing fees in the
amount of $144.00. Seconded by Daniel Guzman King. Motion carried unanimously.
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Finance Committee Meeting Minutes of Dec. 30, 2019
Public Packet
9.
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YMCA Pre-School Swimming Lessons
Requester: Margaret VanDen Heuvel for son, Jack
Amount: $58.50
Motion by David Jordan to approve from the Community Fund this request and the following
request for YMCA Pre-School Swimming Lessons for the two sons of the requester in the amount
of $58.50 each. Seconded by Daniel Guzman King. Motion carried unanimously.
10. YMCA Pre-School Swimming Lessons
Requester: Margaret VanDen Heuvel for son, Sawyer
Amount: $58.50
- See Motion in CF Request #9.
11. Green Bay Select Volleyball Club fees
Requester: Tina Moore for daughter, Hailey
Amount: $500.
Motion by Chad Fuss to approve from the Community Fund the Green Bay Select Volleyball Club
fees for the daughter of the requester in the amount of $500.00. Seconded by David Jordan.
Motion carried unanimously.
12. Better Body Fitness Gym class fees
Requester: Stevi Skenandore
Amount: $500.
The FC noted that the Community Fund does not pay gym membership fees and approval can only
be given for class fees and to make the correction for the minutes.
Motion by David Jordan to approve from the Community Fund the Better Body Fitness Gym class
fees in the amount of $500.00 for this request and for CF Request #16. Seconded by Daniel
Guzman King. Motion carried unanimously.
13. Fusion Athletics class fees
Requester: Stevi Skenandore for daughter, Serenity
Amount: $500.
Motion by Chad Fuss to approve from the Community Fund the Fusion Athletics class fees for the
daughter of the requester in the amount of $500.00. Seconded by David Jordan. Motion carried
unanimously.
14. Barb’s Center for Dance class fees
Requester: Nicole Brunner for daughter, Adrienne
Amount: $500.
Motion by David Jordan to approve from the Community Fund the Barb’s Center for Dance class
fees for the daughter of the requester in the amount of $500.00. Seconded by Daniel Guzman
King. Motion carried unanimously.
15. Karate America class fees
Requester: Nicole Brunner for son, Daysan
Amount: $500.
Motion by David Jordan to approve from the Community Fund the Karate America class fees for
the son of the requester in the amount of $500.00. Seconded by Daniel Guzman King. Motion
carried unanimously.
16. Better Body Fitness Gym class fees
Requester: Christine King – Thomas
- See Motion in CF Request #12.
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Finance Committee Meeting Minutes of Dec. 30, 2019
Amount: $500.
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VII.
NEW BUSINESS: None
VIII.
EXECUTIVE SESSION:
Motion by David Jordan to move into Executive Session. Seconded by Daniel Guzman King
Motion carried unanimously. Time: 9:10 A.M.
Motion by Chad Fuss to come out of Executive Session.
carried unanimously. Time: 9:14 A.M.
1.
Seconded by David Jordan Motion
FY20 Blanket PO – Independent Contract #2019-1399
Mari Kriescher, Consolidated Health Services
Motion by David Jordan to approve the FY20 Blanket Purchase Order for Independent Contract
#2019-1399 in the amount as specified in the request. Seconded by Daniel Guzman King. Motion
carried unanimously.
IX.
FOLLOW UP: None
X.
FOR YOUR INFORMATION:
1.
Gitchi -Replacement Parts
David Emerson, Gam-Slots
Amount: $55,704.
Motion by David Jordan to accept as FYI the Gitchi Replacement Parts purchase. Seconded by
Daniel Guzman King. Motion carried unanimously
XI.
ADJOURN: Motion by David Jordan to adjourn. Seconded by Chad Fuss.
Motion carried
unanimously. Time: 9:24 A.M.
Minutes transcribed by:
Denise J. Vigue, Executive Assistant to the CFO
& Finance Committee Contact/Recording Secretary
Finance Committee Approval Date of Minutes via E-Poll:
December 31, 2019
Page 4 of 4
Finance Committee Meeting Minutes of Dec. 30, 2019
Public Packet
Accept the January 13, 2020, regular Finance Committee meeting minutes
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INTERNAL MEMO
TO:
Finance Committee
FR:
Denise J. Vigue, Executive Assistant
DT:
01/14/20
RE:
E-Poll Results - FC Meeting Minutes of Jan. 13, 2020
An E-Poll vote of the Finance Committee was conducted to approve the Finance
Committee meeting minutes of January 13, 2020. The E-Poll and minutes were sent
out yesterday and the E-Poll was concluded today. The results of the completed E-Poll
are as follows:
E-POLL RESULTS:
T her e wa s a M aj or it y of
3
FC m em ber s v ot i ng to a pp ro v e t h e J an . 1 3 , 2 0 20
Fi na nc e C om m itte e M ee t in g M in u tes . F C Mem b er s vo t in g i nc lu de d: J e nn if er
W ebs ter , P atr ic k St e ns lof f an d C h ad Fus s . L ar r y B ar t on abs t a in e d as he
c ha ir e d th e m eet i ng .
These Finance Committee Minutes of Jan. 13, 2020 will be placed on the next Finance
Committee agenda of Feb. 3, 2020 to ratify this E-Poll action. Per the FC By-Laws all
Minutes of the FC will be submitted to the Secretary’s Office once a month for Council
acceptance.
E-Polls of the Finance Committee meeting minutes is part of the FC By-Laws and approval conducted per the FC
SOP’s on Electronic Voting.
Finance Administration Office
Phone: 920- 869-4325
FAO@oneidanation.org
Public Packet
80 of 254
FINANCE COMMITTEE
FC REGULAR MEETING
Jan. 13, 2020 ▪ Time: 9:00 A.M.
BC Executive Conference Room
REGULAR MEETING MINUTES
FC REGULAR MEETING:
Patricia King, FC Chair/Treasurer
Jennifer Webster, BC Council Member
Chad Fuss, AGGM-Gaming (GGM-Gaming, Alt.)
Larry Barton, FC Vice-Chair/CFO
Daniel Guzman King, BC Council Member
Patrick Stensloff, Purchasing Director
UNEXCUSED: Shirley Barber, FC Elder Member
OTHERS PRESENT: Tsyosha?aht Delgado, April Hill, Dr. Ravi Vir, Debbie Danforth and Denise J. Vigue
taking Minutes
I.
CALL TO ORDER: The Regular FC Meeting was called to order by the FC Chair at 9:00 A.M. The
II.
APPROVAL OF AGENDA: DECEMBER 16, 2019
Vice-Chair took over the meeting at the request of the Chair.
Motion by Jennifer Webster to approve the Finance Committee meeting agenda of Jan. 13,
2020. Seconded by Patrick Stensloff. Motion carried unanimously.
III.
APPROVE E-POLL OF MINUTES:
1. DECEMBER 16, 2019 (Approved on 12/16/19)
2. DECEMBER 30, 2019 (Approved on 12/31/19)
Motion by Jennifer Webster to ratify the FC E-Poll actions taken on 12/16/19 & 12/31/19
approving the Dec. 16, 2019 and Dec. 30, 2019 Finance Committee Meeting Minutes. Seconded
by Chad Fuss. Motion carried unanimously.
IV.
TABLED BUSINESS:
Motion by Patrick Stensloff to remove these two items from the table for discussion. Seconded by
Daniel Guzman King. Motion carried unanimously.
This item was reviewed after Tabled #2.
1. Food Sovereignty Endowment
Daniel P. Guzman King, Council Member
The GM was not present, but her response was discussed including: questions on if this was just for
crops and if a overall food initiative what about other areas of food, such as fish, animals from
livestock and hunting, gathering foods such as berries, medicinal plants, and harvesting maple syrup;
she suggested revising this endowment to include language that would address all these other areas
related to food sovereignty to insure all the other traditional food and gathering practices would be
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inclusive towards the goals of the endowment. She had concerns over some wording such as
“functional medicine” and would like that to be more defined so not to confuse it with science-based
medicine; also the different roles as identified in the endowment should be reviewed for possible
change to those entities who would be responsible to carry out the endowment once it is
implemented. The FC would also like to receive formal written comments from Pat Pelky.
Motion by Jennifer Webster to accept the memo of 1/8/20 from the General Manager regarding
food sovereignty and wellness endowments. Seconded by Patrick Stensloff. Motion carried
unanimously.
2. Sovereign Sustainable Wellness Endowment
Daniel P. Guzman King, Council Member
As both Dr. Vir and Debbie Danforth were present the written response submitted by Comprehensive
Health via the GM was discussed before the Food endowment. Discussion included: Representatives
hoping to get a better understanding with more details of what would be included; concerns over
how this may affect current funding; GM’s response also to reduce ambiguity. Daniel noted this
would be specifically for long term initiative funding for other wellness activities outside the scope of
what is currently offered; Jennifer suggested bringing all affected parties together for an
interdepartmental work meeting to establish and identify goals based upon the needs/projected
needs, to clarify wording and objectives so as to develop a strategic plan, then the resolution could be
formulated from the plan. Trish was concerned a work meeting needs to be clear to all parties what
will be the expected outcome, so as not to drag this on for long as there have already been several
meetings on this endowment.
Motion by Jennifer Webster to defer this to an organizational work meeting with all the
departments that provide any wellness activities to work on the wellness strategic plan and the
wellness endowment. Seconded by Patrick Stensloff. Motion carried unanimously.
V.
CAPITAL EXPENDITURES: None
VI.
FC DONATIONS:
REPORT:
1.
FC Donations – Monthly Report for January 2020
Denise J. Vigue, Finance
Motion by Jennifer Webster to approve the January 2020 Finance Committee Donation Report.
Seconded by Patrick Stensloff. Motion carried unanimously.
REQUESTS:
1.
Church of the Holy Apostles – Annual Maintenance
Requester: Rev. Roger Patience, Vicar
Amount: $2,500.
Motion by Chad Fuss to approve from the FC Donation Line the Church of the Holy Apostles
request in the amount of $2,500.00. Seconded by Patrick Stensloff. Jennifer Webster abstained.
Motion carried.
VII.
NEW BUSINESS:
1.
FY20 Bla
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