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

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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

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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

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January 08, 2020

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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

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January 08, 2020

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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

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January 08, 2020

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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

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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

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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

2020 01 15

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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Analysis to Emergency Draft 1

2020 01 15

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.

Page 3 of 4

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Analysis to Emergency Draft 1

2020 01 15

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

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 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

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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;

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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.

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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;

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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-__-__-__-__

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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.

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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.

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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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Draft 1 Emergency Amendments for OBC Consideration

2020 01 22

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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

Public Packet

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

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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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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

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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

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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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