# Oneida Business Committee (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ad25d6606259ed66d ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 189 Oneida Business Committee Executive Session 8:30 AM Tuesday, December 27, 2022 BC Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 AM Wednesday, December 28, 2022 BC Conference Room, 2nd floor, Norbert Hill Center Agenda Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/. Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 2nd floor, Norbert Hill Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change. I. CALL TO ORDER II. OPENING III. ADOPT THE AGENDA IV. MINUTES A. Approve the December 6, 2022, special Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary B. Approve the December 14, 2022, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary C. Approve the December 16, 2022, special Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 1 of 6 December 28, 2022 Public Packet V. VI. VII. 2 of 189 RESOLUTIONS A. Adopt resolution entitled Authorize the Use of $53,105,864 in Carry Over Funds to Balance the Fiscal Year 2023 Budget Sponsor: Keith Doxtator, Chief Financial Officer B. Adopt resolution entitled Emergency Amendment to the Election Law Sponsor: David P. Jordan, Councilman C. Adopt resolution entitled Empowering Communities to Deliver and Sustain Evidence-Based Falls Prevention Grant Application Sponsor: Mark W. Powless, General Manager APPOINTMENTS A. Determine next steps regarding three (3) vacancies - Oneida Nation Veteran Affairs Committee Sponsor: Lisa Liggins, Secretary B. Determine next steps regarding seven (7) vacancies - Oneida Election Board Ad Hoc Sponsor: Lisa Liggins, Secretary C. Determine next steps regarding Oneida Nation School Board appointment Sponsor: Lisa Liggins, Secretary STANDING COMMITTEES A. B. FINANCE COMMITTEE 1. Accept the October 31, 2022, regular Finance Committee meeting minutes Sponsor: Keith Doxtator, Chief Financial Officer 2. Accept the November 14, 2022, regular Finance Committee meeting minutes Sponsor: Keith Doxtator, Chief Financial Officer 3. Accept the December 5, 2022, regular Finance Committee meeting minutes Sponsor: Keith Doxtator, Chief Financial Officer 4. Accept the December 19, 2022, regular Finance Committee meeting minutes Sponsor: Keith Doxtator, Chief Financial Officer LEGISLATIVE OPERATING COMMITTEE Sponsor: 1. Accept the December 7, 2022, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 2 of 6 December 28, 2022 Public Packet VIII. 3 of 189 STANDING ITEMS A. IX. X. ARPA FRF Updates and Requests/Proposals (No items to consider) TRAVEL REPORTS A. Approve the travel report - Councilwoman Marie Cornelius - Wis DOT Inter-Tribal Task Force (ITTF) meeting and the Wisconsin Tribal Transportation Conference (WTTC) – Baraboo, WI - October 24-26, 2022 Sponsor: Marie Cornelius, Councilwoman B. Approve the travel report - Councilwoman Marie Cornelius - Premiere Event hosted by the U.S. House Select Committee on Economic Disparity – Washington, D.C. – December 13-14, 2022 Sponsor: Marie Cornelius, Councilwoman C. Approve the travel report - Secretary Lisa Liggins - Indian Child Welfare Act Events Washington, D.C. - November 8-10, 2022 Sponsor: Lisa Liggins, Secretary TRAVEL REQUESTS A. Approve the travel request – Councilman David Jordan - Reservation Economic Summit (RES) 2023 – Las Vegas, NV – April 2–6, 2023 Sponsor: David P. Jordan, Councilman B. Approve the travel request - Councilman Kirby Metoxen - Chicago Travel & Adventure Show - Chicago, IL – January 13-16, 2023 Sponsor: Kirby Metoxen, Councilman C. Approve the travel request - Councilman Kirby Metoxen - Native American Tourism of Wisconsin (NATOW) Meeting – Mole Lake, WI – January 16-17, 2023 Sponsor: Kirby Metoxen, Councilman D. Approve the travel request - Councilwoman Jennifer Webster – Administration for Children & Families Tribal Advisory Committee (ACF-TAC) - Triannual Meeting Washington, D.C. - February 7-10, 2023 Sponsor: Jennifer Webster, Councilwoman E. Approve the travel request - Councilwoman Jennifer Webster – Administration for Children & Families Tribal Advisory Committee (ACF-TAC) - Triannual MeetingChiloquin, OR – June 12-16, 2023 Sponsor: Jennifer Webster, Councilwoman Oneida Business Committee Regular Meeting Agenda Page 3 of 6 December 28, 2022 Public Packet XI. XII. XIII. 4 of 189 NEW BUSINESS A. Approve two (2) actions regarding 2022 Facility and Life Safety Inspections on all Oneida Gaming facilities Sponsor: Mark W. Powless, General Manager B. Approve the concept paper for CDC # 22-105 Farmers Market Relocation Sponsor: Mark W. Powless, General Manager C. Discuss the Oneida Business Committee Meetings law Sponsor: Nancy Barton, Tribal Member GENERAL TRIBAL COUNCIL A. Accept legal review - Petitioner Mae Cornelius re: Chief Financial Officer Position Sponsor: Jo Anne House, Chief Counsel B. Adopt resolution entitled Adoption of Fiscal Year 2023 Budget Sponsor: Keith Doxtator, Chief Financial Officer EXECUTIVE SESSION A. B. REPORTS 1. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 2. Accept the General Manager report Sponsor: Mark W. Powless, General Manager 3. Accept the Intergovernmental Affairs, Communications, and Self-Governance December 2022 report Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 4. Accept the Treasurer's November 2022 report Sponsor: Rae Skenandore, Budget Analyst AUDIT COMMITTEE 1. Accept the October 20, 2022, regular Audit Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. Accept the Gaming Employee Incentive Gift/Gas Card Blind Count report and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 3. Accept the Oneida Nation High School Gift Cards/Vouchers annual audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 4 of 6 December 28, 2022 Public Packet 5 of 189 4. Accept the Native Employment Works (NEW) Program Gift Cards/Vouchers annual audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 5. Accept the Security Department Employee Incentive Gift Card annual audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 6. Accept the Southeastern Wisconsin Oneida Tribal Services (SEOTS) Gift Cards/Vouchers annual audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 7. Accept the Tourism Gift Cards/Vouchers annual audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 8. Accept the Cage/Vault/Kiosk Year-End compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 9. Accept the Gaming Contracts annual compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 10. Accept the Gaming Machine (Slots) compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 11. Accept the Gaming Machines (Slots) Year-End compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 12. Accept the Roulette Rules of Play compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 13. Accept the Table Games compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 14. Accept the Title 31 compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 15. Accept the Economic Support Services Administration performance assurance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 16. Accept the Education & Training Administration performance assurance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 5 of 6 December 28, 2022 Public Packet 6 of 189 C. XIV. 17. Accept the Oneida Emergency Food Pantry performance assurance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 18. Accept the Self-Governance performance assurance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman NEW BUSINESS 1. Approve limited waiver of sovereignty - Great Lakes Coca-Cola Distribution LLC contract - file # 2022-0987 Sponsor: Debra Powless, Retail General Manager 2. Review request from Oneida Land Claims Commission and determine next steps (1:30 p.m. on 12/27/22) Sponsor: Chris Cornelius, Chair/Oneida Land Claims Commission 3. Deliberations regarding pardon application - Worden Shane Webster Sponsor: Eric Boulanger, Chair/Pardon and Forgiveness Screening Committee 4. Review applications for three (3) vacancies - Oneida Nation Veteran Affairs Committee Sponsor: Lisa Liggins, Secretary 5. Review application for seven (7) vacancies - Oneida Election Board Ad Hoc Sponsor: Lisa Liggins, Secretary ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and Open Meetings law (§ 107.14.) The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Government Administrative Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 6 of 6 December 28, 2022 Public Packet 7 of 189 Approve the December 6, 2022, special Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 12/28/22 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☒ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: CELLIS1 Public Packet 8 of 189 DRAFT Oneida Business Committee Special Meeting 2:00 PM Tuesday, December 06, 2022 Virtual Meeting - Microsoft Teams1 Minutes SPECIAL MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council members: Daniel Guzman King, David P. Jordan, Marie Cornelius, Jennifer Webster; Not Present: Treasurer Tina Danforth; Arrived at: Councilman Kirby Metoxen at 2:06 p.m.; Others present: Jo Anne House, Melinda J. Danforth, Mark W. Powless, Louise Cornelius, Todd VanDen Heuvel, Kaylynn Gresham, Katsitsiyo Danforth, Danelle Wilson, Kristal Hill, Rhiannon Metoxen, Rae Skenandore, Justin Nishimoto, Clorissa Leeman, RaLinda Ninham-Lamberies, Melanie Burkhart, Debra Danforth, Grace Elliott, Carolyn Salutz, Michelle Tipple, Stacy Stevens, Patricia King, Mary Graves, Mike Debraska, Aliskwet Ellis; I. CALL TO ORDER Meeting called to order by Chairman Tehassi Hill at 2:01 p.m. For the record: Treasurer Tina Danforth is out on leave. II. OPENING (00:00:31) Opening provided by Chairman Tehassi Hill. III. ADOPT THE AGENDA (00:02:04) Motion by Marie Cornelius to adopt the agenda with four (4) additions [1) under the Travel Requests section, add item entitled Approve the travel request - Rae Skenandore and Kristal Hill - M3 Meeting for 2023 Indigenous Games - Halifax, NS - January 15-18, 2023; 2) add section entitled Executive Session, New Business; 3) under the Executive Session, New Business section, add item entitled Review the Finance Committee investigation request and determine next steps; and 4) under the Executive Session, New Business section, add item entitled Review Reporting Stipends Received from an External Entity work standard and determine next steps], seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file sharing, and video meetings. Oneida Business Committee Special Meeting Minutes Page 1 of 5 December 06, 2022 Public Packet 9 of 189 DRAFT IV. TRAVEL REQUESTS A. Enter the e-poll results into the record for the failed travel request for Councilwoman Marie Cornelius to attend the Film Premiere Event in Washington DC - December 13-14, 2022 (00:04:24) Sponsor: Lisa Liggins, Secretary Councilman Kirby Metoxen arrived at 2:06 p.m. Motion by Lisa Liggins to enter the e-poll results into the record for the failed travel request for Councilwoman Marie Cornelius to attend the Film Premiere Event in Washington, D.C. - December 1314, 2022, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Abstained: Marie Cornelius Not Present: Tina Danforth B. Reconsider the travel request from Councilwoman Marie Cornelius in accordance with section 5.1.a. of the SOP entitled Conducting Electronic Voting (00:05:57) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to reconsider the travel request from Councilwoman Marie Cornelius in accordance with section 5.1.a. of the SOP entitled Conducting Electronic Voting, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Abstained: Marie Cornelius Not Present: Tina Danforth Motion by Jennifer Webster to approve travel request for Councilwoman Marie Cornelius to attend the Film Premiere Event in Washington, D.C. - December 13-14, 2022, seconded by Lisa Liggins. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Abstained: Marie Cornelius Not Present: Tina Danforth For the record: Councilman Kirby Metoxen stated, I've always been told that when it comes to tribal issues, I know this came in late and that's why it was going on the e-poll, typically it would have been on the agenda of the Business Committee, but because the invite came after the fact, it was then it went to the e-poll so I support that. When issues like this, invites like this, come to tribes I think it's very critical that tribal representation is at the table. One being that I've always been told when it comes to tribal issues like this, if you're not at the table, you're on the menu and I appreciate our tribe being at the table. Thank you. For the record: Councilwoman Jennifer Webster stated, I appreciate the council. I know we were having an issue with having a meeting on the 13th of making quorum. I really appreciate, we were scheduled to have three other people out at MAST, so I appreciate the consideration to hold somebody back from MAST so that we can have quorum to conduct tribal business here. Thank you. For the record: Secretary Lisa Liggins stated, I, along with Councilwoman Jennifer Webster, thank Councilman Kirby Metoxen for staying back from MAST so that we can continue to conduct business on December 14th. Oneida Business Committee Special Meeting Minutes Page 2 of 5 December 06, 2022 Public Packet 10 of 189 DRAFT C. Approve the travel request - Rae Skenandore and Kristal Hill - M3 Meeting for 2023 Indigenous Games - Halifax, NS - January 15-18, 2023 (00:16:24) Sponsor: Rae Skenandore, Budget Analyst Motion by Jennifer Webster to approve the travel request for Rae Skenandore and Kristal Hill to attend the M3 Meeting for 2023 Indigenous Games in Halifax, NS - January 15-18, 2023, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth Motion by Lisa Liggins to approve funding for the travel request for the Northern American Indigenous Games M3 meeting to come from the BC Special Projects line, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth V. GENERAL TRIBAL COUNCIL A. Review General Tribal Council meeting masking requirement request and determine next steps (00:25:00) Sponsor: Jennifer Webster, Councilwoman Motion by Jennifer Webster to approve require masking at the in-person General Tribal Council meetings, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Opposed: Marie Cornelius Not Present: Tina Danforth B. Approve notice and materials for January 30, 2023, tentatively scheduled annual General Tribal Council meeting (01:01:56) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to approve February 27, 2023, as the inclement weather date for the January 30, 2023, tentatively scheduled annual General Tribal Council meeting, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth Motion by Lisa Liggins to approve notice and materials for January 30, 2023, tentatively scheduled annual General Tribal Council meeting noting the public health and safety protocols page as well as the public health and safety memorandum will be update in accordance with the prior discussion and noting the finalized project plan, PowerPoint, and timeline may be slightly updated for the On^yote?a?ká ni?i project plan, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth Oneida Business Committee Special Meeting Minutes Page 3 of 5 December 06, 2022 Public Packet 11 of 189 DRAFT VI. EXECUTIVE SESSION (01:09:56) Motion by Lisa Liggins to go into executive session at 3:11 p.m., seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth Vice-Chairman Brandon Stevens and Councilman Daniel Guzman King left at 4:20 p.m. Motion by Jennifer Webster to come out of executive session at 5:05 p.m., seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Daniel Guzman King, Brandon Stevens A. NEW BUSINESS 1. Review the Finance Committee investigation request and determine next steps (01:11:23) Sponsor: RaLinda Ninham-Lamberies, Interim Chief Financial Officer Motion by Lisa Liggins to accept the information from the Finance Committee and to direct the General Manager to follow-up on the processes and procedures, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Daniel Guzman King, Brandon Stevens 2. Review Reporting Stipends Received from an External Entity work standard and determine next steps (01:12:03) Sponsor: Marie Cornelius, Councilwoman Motion by Jennifer Webster to defer this item to the December 20, 2022, BC work session, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Daniel Guzman King, Brandon Stevens Oneida Business Committee Special Meeting Minutes Page 4 of 5 December 06, 2022 Public Packet 12 of 189 DRAFT VII. ADJOURN (01:13:00) Motion by Kirby Metoxen to adjourn at 5:07 p.m., seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Daniel Guzman King, Brandon Stevens Minutes prepared by Aliskwet Ellis, Senior Information Management Specialist. Minutes approved as presented on . Lisa Liggins, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Special Meeting Minutes Page 5 of 5 December 06, 2022 Public Packet 13 of 189 Approve the December 14, 2022, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 12/28/22 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☒ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: CELLIS1 Public Packet 14 of 189 DRAFT Oneida Business Committee Regular Meeting 8:30 AM Wednesday, December 14, 2022 BC Conference Room, 2nd floor, Norbert Hill Center Minutes REGULAR MEETING Present: Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council members: David P. Jordan, Kirby Metoxen, Jennifer Webster; Not Present: Chairman Tehassi Hill, Treasurer Tina Danforth, Councilman Daniel Guzman King; Arrived at: Councilwoman Marie Cornelius arrived at 11:35 a.m.; Others present: Jo Anne House, Todd Vandenheuvel (via Microsoft Teams1), Mark W. Powless (via Microsoft Teams), Louise Cornelius (via Microsoft Teams), RaLinda Ninham-Lamberies, Katsitsiyo Danforth (via Microsoft Teams), Kaylynn Gresham (via Microsoft Teams), Danelle Wilson (via Microsoft Teams), Rhiannon Metoxen (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Rae Skenandore (via Microsoft Teams), Lisa Summers (via Microsoft Teams), Clorissa Leeman (via Microsoft Teams), Justin Nishimoto (via Microsoft Teams), Chad Fuss (via Microsoft Teams), Tana Aguirre (via Microsoft Teams), James Bittorf (via Microsoft Teams), Kelly McAndrews (via Microsoft Teams), Joel Maxam (via Microsoft Teams), Cheryl Stevens (via Microsoft Teams), Tina Jorgensen (via Microsoft Teams), Nicole Rommel (via Microsoft Teams), Carolyn Salutz (via Microsoft Teams), Grace Elliott (via Microsoft Teams), Jason Doxtator (via Microsoft Teams), Josephine Skenandore (via Microsoft Teams), Marsha Danforth (via Microsoft Teams), Elijah Metoxen (via Microsoft Teams), Lauren Hartman (via Microsoft Teams), Jameson Wilson (via Microsoft Teams), Christopher Johnson (via Microsoft Teams), Patricia King (via Microsoft Teams), Debbie Melchert (via Microsoft Teams), Brooke Doxtator (via Microsoft Teams), Shannon Davis, Bonnie Pigman (via Microsoft Teams), Carol Silva (via Microsoft Teams), Marlon Skenandore (via Microsoft Teams), Christine Klimmek, Donald McLester, Donald White, Nancy Barton, Cathy L. Metoxen, Ed Delgado, Mike Debraska (via Microsoft Teams), Aliskwet Ellis; I. CALL TO ORDER Meeting called to order at 8:40 a.m. by Vice-Chairman Brandon Stevens. For the record: Chairman Tehassi Hill and Councilman Daniel Guzman King are out on approved travel attending the 2022 Midwest Alliance of Sovereign Tribes (MAST) winter meeting in Welch, MN. Councilwoman Marie Cornelius returning from approved travel to attend the Film Premiere Event in Washington, D.C. and will be arriving late. Treasurer Tina Danforth is out on leave. II. OPENING (00:00:09) Opening provided by Councilman Kirby Metoxen. 1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file sharing, and video meetings. Oneida Business Committee Regular Meeting Minutes Page 1 of 13 December 14, 2022 Public Packet 15 of 189 DRAFT III. ADOPT THE AGENDA (00:00:31) Motion by Lisa Liggins to adopt the agenda with two (2) additions [1) under the New Business section, add item entitled Accept the update regarding the request for GTC meeting stipends to be eligible under the General Welfare Law; and 2) under the Executive Session, New Business section, add item entitled Approve the attorney contract amendment - Oneida Law Office - file # 2019-1404], seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill IV. OATH OF OFFICE A. Oneida Land Claims Commission - Donald McLester (00:05:26) Sponsor: Lisa Liggins, Secretary B. Oneida Nation Commission on Aging - Donald White (00:05:26) Sponsor: Lisa Liggins, Secretary Oaths of office were administered by Secretary Lisa Liggins. Donald McLester and Donald White were present. V. MINUTES A. Approve the November 30, 2022, regular Business Committee meeting minutes (00:08:00) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to approve the November 30, 2022, regular Business Committee meeting minutes, seconded by Lisa Liggins. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill VI. RESOLUTIONS A. Adopt resolution entitled CY 2023 County Tribal Law Enforcement Grant Application – Brown County (00:09:41) Sponsor: Richard Van Boxtel, Chair/Oneida Police Commission Motion by Lisa Liggins to adopt resolution entitled 12-14-22-A CY 2023 County Tribal Law Enforcement Grant Application – Brown County, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Oneida Business Committee Regular Meeting Minutes Page 2 of 13 December 14, 2022 Public Packet 16 of 189 DRAFT B. Adopt resolution entitled CY 2023 County Tribal Law Enforcement Grant Application – Outagamie County (00:14:15) Sponsor: Richard Van Boxtel, Chair/Oneida Police Commission Motion by Lisa Liggins to adopt resolution entitled 12-14-22-B CY 2023 County Tribal Law Enforcement Grant Application – Outagamie County, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill VII. APPOINTMENTS Motion by Lisa Liggins to defer items VII.A. and VII.B. until after executive session, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Item VIII.A.1. was addressed next. A. Determine next steps regarding one (1) vacancy - Oneida Nation School Board (02:42:22) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to accept Patricia Moore and appoint her to the Oneida Nation School Board for a term ending July 31, 2023, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill B. Determine next steps regarding four (4) vacancies - Oneida Youth Leadership Institute Board (02:42:52) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to forward this item to the December 20, 2022, BC work session for further discussion, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Item XIV.A.1. was addressed next. VIII. STANDING COMMITTEES A. COMMUNITY DEVELOPMENT PLANNING COMMITTEE 1. Accept the August 4, 2022, regular Community Development Planning Committee meeting minutes (00:17:05) Sponsor: Brandon Stevens, Vice-Chairman Motion by Jennifer Webster to accept the August 4, 2022, regular Community Development Planning Committee meeting minutes, seconded by Lisa Liggins. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Oneida Business Committee Regular Meeting Minutes Page 3 of 13 December 14, 2022 Public Packet 17 of 189 DRAFT B. LEGISLATIVE OPERATING COMMITTEE 1. Accept the November 2, 2022, regular Legislative Operating Committee meeting minutes (00:17:58) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to accept the November 2, 2022, regular Legislative Operating Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill C. QUALITY OF LIFE COMMITTEE 1. Accept the October 20, 2022, regular Quality of Life Committee meeting minutes (00:24:59) Sponsor: Marie Cornelius, Councilwoman Motion by Jennifer Webster to accept the October 20, 2022, regular Quality of Life Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill IX. STANDING ITEMS A. ARPA FRF and Tribal Contribution Savings Submissions 1. Approve the request to release obligated funds in accordance with BC Resolution # 11-01-21-A Obligation for Adolescent Wellness Treatment Center Tribal Partnership, Utilizing American Rescue Plan Act of 2021 Fiscal Recovery Funds Lost Revenue (00:35:52) Sponsor: Tehassi Hill, Chairman Motion by Jennifer Webster to authorize the project owner to release the obligated funds for the Adolescent Wellness Treatment Center Tribal Partnership project in accordance with BC Resolution # 11-01-21-A Obligation for Adolescent Wellness Treatment Center Tribal Partnership, Utilizing American Rescue Plan Act of 2021 Fiscal Recovery Funds Lost Revenue and to direct the Business Analyst to provide an analysis of the updated business plan once received, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Oneida Business Committee Regular Meeting Minutes Page 4 of 13 December 14, 2022 Public Packet 18 of 189 DRAFT X. TRAVEL REPORTS A. Approve the travel report - Councilwoman Marie Cornelius - 79th Annual National Congress of American Indians (NCAI) Convention & Marketplace - Sacramento, CA - October 30-November 4, 2022 (00:55:57) Sponsor: Marie Cornelius, Councilwoman Motion by Jennifer Webster to approve the travel report from Councilwoman Marie Cornelius for the 79th Annual National Congress of American Indians (NCAI) Convention & Marketplace in Sacramento, CA - October 30-November 4, 2022, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill B. Approve the travel report - Councilwoman Marie Cornelius - Indian Child Welfare Act Events - Washington, D.C. - November 8-10, 2022 (00:59:23) Sponsor: Marie Cornelius, Councilwoman Motion by Jennifer Webster to approve the travel report from Councilwoman Marie Cornelius for the Indian Child Welfare Act Events in Washington, D.C. - November 8-10, 2022, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill C. Approve the travel report - Councilman Daniel Guzman King - 79th Annual National Congress of American Indians (NCAI) Convention & Marketplace Sacramento, CA - October 30-November 5, 2022 (00:59:52) Sponsor: Daniel Guzman King, Councilman Motion by Jennifer Webster to approve the travel report from Councilman Daniel Guzman King for the 79th Annual National Congress of American Indians (NCAI) Convention & Marketplace in Sacramento, CA - October 30-November 5, 2022, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill D. Approve the travel report - Councilman David P. Jordan - Indian Child Welfare Act Events - Washington, D.C. - November 8-10, 2022 (01:00:15) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to approve the travel report from Councilman David P. Jordan for the Indian Child Welfare Act Events in Washington, D.C. - November 8-10, 2022, seconded by Kirby Metoxen. Motion carried: Ayes: Lisa Liggins, Kirby Metoxen, Jennifer Webster Abstained: David P. Jordan Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Oneida Business Committee Regular Meeting Minutes Page 5 of 13 December 14, 2022 Public Packet 19 of 189 DRAFT E. Approve the travel report - Councilman Kirby Metoxen - Smithsonian National Museum of the American Indian Veterans Memorial & Indian Child Welfare Act events - Washington, D.C. - November 8-13, 2022 (01:00:39) Sponsor: Kirby Metoxen, Councilman Motion by David P. Jordan to approve the travel report from Councilman Kirby Metoxen for the Smithsonian National Museum of the American Indian Veterans Memorial & Indian Child Welfare Act events in Washington, D.C. - November 8-13, 2022, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Jennifer Webster Abstained: Kirby Metoxen Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill F. Approve the travel report - Councilwoman Jennifer Webster - National Tribal Health Conference - Washington, D.C. - September 25-29, 2022 (01:01:04) Sponsor: Jennifer Webster, Councilwoman Motion by David P. Jordan to approve the travel report from Councilwoman Jennifer Webster for the National Tribal Health Conference in Washington, D.C. - September 25-29, 2022, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen Abstained: Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill XI. TRAVEL REQUESTS A. Enter the e-poll results into the record regarding the approved travel request in accordance with § 219.16-1 for seven (7) Oneida Nation Commission On Aging commissioners to attend the Great Lakes Native American Elders Association (GLNAEA) Conference in Lac Du Flambeau, WI - December 7-8, 2022 (01:02:34) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to enter the e-poll results into the record regarding the approved travel request in accordance with § 219.16-1 for seven (7) Oneida Nation Commission On Aging commissioners to attend the Great Lakes Native American Elders Association (GLNAEA) Conference in Lac Du Flambeau, WI - December 7-8, 2022, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Motion by David P. Jordan to address item XII.C. next, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Item XII.C. was addressed next. Oneida Business Committee Regular Meeting Minutes Page 6 of 13 December 14, 2022 Public Packet 20 of 189 DRAFT XII. NEW BUSINESS A. Review request for Summer Savings at the Pump and Food Assistance GWA programs year-end report and determine next steps (01:12:07) Sponsor: Nancy Barton, Tribal Member Motion by Lisa Liggins to direct the Quality of Life Committee to develop an analysis of the food card/GWA payment distribution to identify how the programs worked and recommendations for the future and for updates on the status of that analysis to be on the quarterly reports to the Business Committee, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Motion by Lisa Liggins to direct the Budget Analyst to include a request at the January BC work session to forward the food assistance program reports to the January 25, 2023, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Motion by Lisa Liggins to direct the OBC liaison to the Oneida Trust Enrollment Committee to request a report to be submitted to the BC work session similar to the ARPA closeout report regarding the Summer Savings at the Pump program, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill B. Accept the Aging and Disability Services Major Home Repair report (01:55:28) Sponsor: Mark W. Powless, General Manager Motion by Lisa Liggins to accept the Aging and Disability Services Major Home Repair report, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Item XII.D. was addressed next. Oneida Business Committee Regular Meeting Minutes Page 7 of 13 December 14, 2022 Public Packet 21 of 189 DRAFT C. Approve the Oneida Nation Standard Operating Procedure (SOP) entitled Emergency Management Law – Emergency Management Operations Team (01:04:10) Sponsor: Kaylynn Gresham, Director/Emergency Management Motion by Jennifer Webster to approve the Oneida Nation Standard Operating Procedure (SOP) entitled Emergency Management Law – Emergency Management Operations Team with the addition of Chief Information Officer under 3.1 of the SOP, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill The Oneida Business Committee, by consensus, recessed at 9:52 a.m. to 10:00 a.m. Meeting called to order by Vice-Chairman Brandon Stevens at 10:02 a.m. Roll call for the record: Present: Councilman David P. Jordan; Secretary Lisa Liggins; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilwoman Jennifer Webster; Not Present: Councilwoman Marie Cornelius; Councilman Daniel Guzman King; Chairman Tehassi Hill; Treasurer Tina Danforth; Item XII.A. was addressed next. D. Approve the Brown County Register of Deeds On-Line Access agreement - file # 2022-0933 (02:02:23) Sponsor: Mark W. Powless, General Manager Motion by David P. Jordan to approve the Brown County Register of Deeds On-Line Access agreement - file # 2022-0933, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Motion by David P. Jordan to approve a limited waiver of sovereign immunity for the Brown County Register of Deeds On-Line Access agreement - file # 2022-0933, seconded by Lisa Liggins. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill2 E. Approve the CY-2023 vacancy postings for Boards, Committees, Commissions, Corporate Boards, Standing Committees, and Other (02:03:55) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to approve the CY-2023 vacancy postings for Boards, Committees, Commissions, Corporate Boards, Standing Committees, and Other, seconded by Lisa Liggins. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill 2 The first motion failed to identify that a limited waiver of sovereign immunity was being approved. The second motion provides that clarification in accordance with the Sovereign Immunity Ordinance. The Oneida Business Committee was not approving the agreement as that is a responsibility of the department. Oneida Business Committee Regular Meeting Minutes Page 8 of 13 December 14, 2022 Public Packet 22 of 189 DRAFT F. Approve the Audit Committee Bylaws (02:04:52) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to approve the Audit Committee Bylaws, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill G. Accept the update regarding the request for GTC meeting stipends to be eligible under the General Welfare Law (02:05:47) Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Liggins to direct that a final report be provided to the Business Committee at the January 11, 2023, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Motion by Lisa Liggins to direct the Assistant CFO to forward any relevant information to the Chief Counsel so that it can be considered in the finalization of the legal opinion, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill XIII. REPORTS A. APPOINTED BOARDS, COMMITTEES, COMMISSIONS 1. Accept the Oneida Nation Arts Board FY-2022 4th quarter report (02:11:00) Sponsor: Kelli Strickland, Chair/Oneida Nation Arts Board Motion by Lisa Liggins to accept the Oneida Nation Arts Board FY-2022 4th quarter report, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill B. OTHER 1. Accept the Oneida Youth Leadership Institute Board FY-2022 4th quarter report (02:18:37) Sponsor: Marlon Skenandore, President/Oneida Youth Leadership Institute Board Motion by Lisa Liggins to extend the public comment period for Nancy Barton for an additional one (1) minute, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Motion by Lisa Liggins to accept the Oneida Youth Leadership Institute Board FY-2022 4th quarter report, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Oneida Business Committee Regular Meeting Minutes Page 9 of 13 December 14, 2022 Public Packet 23 of 189 DRAFT XIV. EXECUTIVE SESSION (02:40:40) Motion by David P. Jordan to go into executive session at 11:30 a.m., seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Councilwoman Marie Cornelius arrived at 11:35 a.m. Councilwoman Marie Cornelius left at 3:35 p.m. Motion by David P. Jordan to come out of executive session at 3:48 p.m., seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Item VII.A. was addressed next. A. REPORTS 1. Accept the General Manager report (02:43:30) Sponsor: Mark W. Powless, General Manager Motion by Lisa Liggins to accept the General Manager report, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill 2. Accept the Chief Counsel report (02:43:47) Sponsor: Jo Anne House, Chief Counsel Motion by Jennifer Webster to accept the Chief Counsel report, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Oneida Business Committee Regular Meeting Minutes Page 10 of 13 December 14, 2022 Public Packet 24 of 189 DRAFT 3. Accept the Intergovernmental Affairs, Communications, and Self-Governance special report (02:44:05) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by David P. Jordan to accept the Intergovernmental Affairs, Communications, and SelfGovernance special report, seconded by Lisa Liggins. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Motion by Jennifer Webster to approve the Cooperative Governance Agreement between the Oneida Nation and the Village of Ashwaubenon final form and authorize the Chairman to execute - file # 20221010, seconded by Lisa Liggins. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Motion by Jennifer Webster to approve the Law Enforcement Response and Mutual Assistance Agreement Between Oneida Nation and Village of Ashwaubenon final form and authorize the Chairman to execute - file # 2022-0488, seconded by Lisa Liggins. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Motion by Jennifer Webster to approve the Emergency Medical Services Agreement Between The Oneida Nation and The Village of Ashwaubenon final form and authorize the Chairman to execute - file # 2022-0296, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill B. AUDIT COMMITTEE 1. Accept the December 7, 2022, regular Audit Committee meeting minutes (02:45:32) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to accept the December 7, 2022, regular Audit Committee meeting minutes, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill C. NEW BUSINESS 1. Approve the use of TSA funds for the Surveillance System Replacement Project to include the Radisson Hotel & Conference Center (02:45:48) Sponsor: Mark W. Powless, General Manager Motion by Jennifer Webster to accept the discussion as information, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Oneida Business Committee Regular Meeting Minutes Page 11 of 13 December 14, 2022 Public Packet 25 of 189 DRAFT 2. Review the THC Legalization Team update and determine next steps (02:46:02) Sponsor: Justin Nishimoto, Business Analyst Motion by David P. Jordan to accept the discussion as information, seconded by Lisa Liggins. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill 3. Enter the e-poll results into the record regarding the failed approval to use $21,500 from the BC Special Project budget line to partially fund contract Universal Consulting Solutions LLC - file # 2022-0988 (02:46:20) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to enter the e-poll results into the record regarding the failed approval to use $21,500 from the BC Special Project budget line to partially fund contract - Universal Consulting Solutions LLC - file # 2022-0988, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill 4. Reconsider the approval of $21,500 from the BC Special Projects budget line to partially fund contract – Universal Consulting Solutions LLC – file # 2022-0988 in accordance with section 5.1.a. of the SOP entitled Conducting Electronic Voting (02:46:56) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by Lisa Liggins to reconsider the approval of $21,500 from the BC Special Projects budget line to partially fund contract – Universal Consulting Solutions LLC – file # 2022-0988 in accordance with section 5.1.a. of the SOP entitled Conducting Electronic Voting, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Motion by Lisa Liggins to approve $21,500 from the BC Special Projects budget line to partially fund contract – Universal Consulting Solutions LLC – file # 2022-0988, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill For the record: Councilwoman Jennifer Webster stated This is the second time in the last month that epolls have failed for lack of support. So, I am not really sure what the issue is. Again and again and again, I ask the Business Committee to please tend to their duties and maybe come to work. 5. Review additional responsibilities compensation request and determine next steps (02:48:37) Sponsor: Tehassi Hill, Chairman Motion by David P. Jordan to accept the discussion as information, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Kirby Metoxen, Jennifer Webster Abstained: Lisa Liggins Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Oneida Business Committee Regular Meeting Minutes Page 12 of 13 December 14, 2022 Public Packet 26 of 189 DRAFT 6. Review application for one (1) vacancy - Oneida Nation School Board (02:49:02) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to accept the discussion for application for one (1) vacancy - Oneida Nation School Board as information, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill 7. Review applications for four (4) vacancies - Oneida Youth Leadership Institute Board (02:49:18) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to accept the discussion regadring four (4) vacancies - Oneida Youth Leadership Institute Board as information, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill 8. Approve the attorney contract amendment - Oneida Law Office - file # 2019-1404 (02:49:55) Sponsor: Jo Anne House, Chief Counsel Motion by David P. Jordan to approve the attorney contract amendment - Oneida Law Office - file # 2019-1404, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill XV. ADJOURN (02:50:16) Motion by David P. Jordan to adjourn at 3:57 p.m., seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill Minutes prepared by Aliskwet Ellis, Senior Information Management Specialist. Minutes approved as presented on . Lisa Liggins, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 13 of 13 December 14, 2022 Public Packet 27 of 189 Approve the December 16, 2022, special Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 12/28/22 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☒ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: CELLIS1 Public Packet 28 of 189 DRAFT Oneida Business Committee Special Meeting 9:00 AM Friday, December 16, 2022 Virtual Meeting - Microsoft Teams1 Minutes SPECIAL MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Council members: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Jennifer Webster; Not Present: Treasurer Tina Danforth, Secretary Lisa Liggins; Arrived at: n/a Others present: JoAnne House, Mark W. Powless, Louise Cornelius, RaLinda Ninham-Lamberies, Loucinda Conway, Danelle Wilson, Lisa Summers, Jennifer Anderson, Misty Jordan, Chad Fuss, James Skenandore, Mark A. Powless, Sr., Corey Topp, Ryan Hirsch, Aliskwet Ellis; I. CALL TO ORDER Meeting called to order by Chairman Tehassi Hill at 9:00 a.m. II. OPENING (00:00:08) Opening provided by Councilman Kirby Metoxen. III. ADOPT THE AGENDA (00:00:25) Motion by Jennifer Webster to adopt the agenda with two (2) additions [1) under the section Executive Session, add section entitled New Business; and 2) under the Executive Session, New Business section, add item entitled Review additional responsibilities compensation request and determine next steps], seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins 1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file sharing, and video meetings. Oneida Business Committee Special Meeting Minutes Page 1 of 3 December 16, 2022 Public Packet 29 of 189 DRAFT IV. EXECUTIVE SESSION (00:01:52) Motion by David P. Jordan to go into executive session at 9:02 a.m., seconded by Brandon Stevens. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Motion by Marie Cornelius to come out of executive session at 9:55 a.m., seconded by Daniel Guzman King. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins A. AUDIT COMMITTEE 1. Approve the FY-2022 year end audit presentation materials (00:03:04) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to approve the FY-2022 year end audit presentation materials, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins 2. Approve the FY-2022 year end audited financial statements presented by RSM, US Auditors (00:03:29) Sponsor: David P. Jordan, Councilman Motion by Marie Cornelius to approve the Gaming Fund and Oneida Revolving Loan Fund audits, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins B. NEW BUSINESS 1. Review additional responsibilities compensation request and determine next steps (00:03:57) Sponsor: Tehassi Hill, Chairman Motion by Marie Cornelius to amend the annual General Tribal Council meeting agenda to add on item 5.D. Request to Consider Compensation in the Absence of an Officer, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Motion by Jennifer Webster to approve the correspondence to include in the annual General Tribal Council meeting materials, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Oneida Business Committee Special Meeting Minutes Page 2 of 3 December 16, 2022 Public Packet 30 of 189 DRAFT V. ADJOURN (00:05:13) Motion by Marie Cornelius to adjourn at 9:58 a.m., seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Minutes prepared by Aliskwet Ellis, Senior Information Management Specialist. Minutes approved as presented on . Lisa Liggins, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Special Meeting Minutes Page 3 of 3 December 16, 2022 Public Packet 31 of 189 Adopt resolution entitled Authorize the Use of $53,105,864 in Carry Over Funds to Balance the Fiscal Yea Business Committee Agenda Request 1. Meeting Date Requested: 12/28/22 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☐ Accept as information; OR Enter the requested motion related to this item. 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☐ Other: Describe ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 32 of 189 6. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☒ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 7. Budget Information: ☐ Budgeted – Tribal Contribution ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Not Applicable ☒ Other: Request to budget carryover use in FY2023 8. Submission: Authorized Sponsor: Keith Doxtator, CFO Primary Requestor: RaLinda Ninham-Lamberies ACFO Revised: 11/15/2021 Page 2 of 2 Public Packet 33 of 189 P.O. Box 365 භOneida, WI 54155 Phone: 920- 869-4325 FINANCE ADMINISTRATION OFFICE To: Oneida Business Committee CC: Keith Doxtator, CFO From: Ralinda R. Ninham-Lamberies, Asst. CFO Date: December 21, 2022 RE: BC Agenda Request Approve use of Carryover Digitally signed by RaLinda Ninham-Lamberies Date: 2022.12.21 08:48:54 -06'00' In an OBC Officers meeting, the Officers agreed that using Prior Year Profit/Carryover in the amount of $51.405,864 was the accepted recommendation to balance sources and uses for FY2023. The Savings at the Pump was paid in November, a FY2023 expense, therefore included in the Prior Year Profit/Carryover is $1,700,000 per BC Resolution #06-28-22-A. Public Packet 34 of 189 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Oneida, WI 54155 BC Resolution # Leave this line blank Authorize the Use of $53,105,864 in Carry Over Funds to Balance the Fiscal Year 2023 Budget 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 Budget and Finances law (“the Law”), was adopted by the Oneida Business Committee through resolution BC-02-08-17-C and amended by resolutions BC-05-11-22-B; and WHEREAS, section 121.5-1 of the Law provides that the Nation’s budget shall be a balanced budget and not propose to spend more funds than are reasonably expected to become available to the Nation during that fiscal year. WHEREAS, section 121.6-8 of the Law provides that assets of the Nation shall not be divested, or borrowed against, to balance the annual budget; and WHEREAS, section 121.5.-1 (a) (1) of the Law provides underwriting debt resources or the utilization of existing debt instruments shall be expressly prohibited from use to balance the Nation’s annual budget; and WHEREAS, at the conclusion of each fiscal year there are revenues earned that exceed expenditures which result in “carry over funds”; and WHEREAS, carry over funds are available only once they are audited, and are allocated accordance with General Tribal Council directives which require 25% of carry over funds from each fiscal year to be allocated to land acquisition in accordance with the 2033 Land Acquisition Plan, as utilized to balance budgets, or as authorized by the Oneida Business Committee for specific projects which could occur by motion or by resolution; and WHEREAS, the required/identified allocations for operations of the Oneida Nation in Fiscal Year 2023 are $544,237,738; and WHEREAS, minus carry over, the identified sources of funding for Fiscal Year 2023 are $491,131,874; and WHEREAS, as of December 8, 2022, the balance of carry over available from prior years is $97,952,000; and Public Packet 35 of 189 BC Resolution # _______ Authorize the Use of $53,105,864 in Carry Over Funds to Balance the Fiscal Year 2023 Budget Page 2 of 2 43 44 45 46 47 48 49 50 51 52 53 54 WHEREAS, the Oneida Business Committee approved Resolution # 10-21-22-A Process to Authorize Use of Carry Over Funds; and WHEREAS, resolution # 10-21-22-A states that the use of carry over funds shall be required to be authorized by adoption of a resolution by the Oneida Business Committee which states the amount to be authorized; and NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the resolution Authorize the Use of $53,105,864 in Carry Over Funds to Balance the Fiscal Year 2023 Budget. BE IT FINALLY RESOLVED, that this resolution shall be effective immediately (prior to the adoption of the Fiscal Year 2023 Budget). Public Packet 36 of 189 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Authorize the Use of $53,105,864 in Carry Over Funds to Balance the Fiscal Year 2023 Budget Summary The resolution authorizes the use of fifty-three million one hundred and five thousand eight hundred and sixty-four dollars ($53,105,864) in carry over funds for the purpose of balancing the Fiscal Year 2023 Budget. Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office Date: December 12, 2022 Analysis by the Legislative Reference Office The Budget and Finances law sets forth the requirements to be followed by the Oneida Business Committee and the Oneida fund units when preparing the budget to be presented to the General Tribal Council for approval, and establishes financial policies and procedures for the Nation which:  institutionalize best practices in financial management to guide decision makers in making informed decisions regarding the provision of services, implementation of business plans for enterprises, investments, and capital assets;  provide a long term financial prospective and strategic intent, linking budget allocations to organizational goals, as well as providing fiscal controls and accountability for results and outcomes;  identify and communicate to the membership of the Nation spending decisions for the government function, grant obligations, enterprises, membership mandates, capital expenditures, technology projects, and capital improvement projects;  establish a framework for effective financial risk management; and  encourage participation by the Nation’s membership. [1 O.C. 121.1-1]. The Nation’s adopts a balanced budget, which does not propose to spend more funds than are reasonably expected to become available to the Nation during that fiscal year, on an annual basis to guide revenues and expenditures for the year. [1 O.C. 121.5-1]. Underwriting debt resources or the utilization of existing debt instruments shall be expressly prohibited from use to balance the Nation’s annual budget. [1 O.C. 121.5-1(a)(1)]. Additionally, assets of the Nation shall not be divested, or borrowed against, to balance the annual budget. [1 O.C. 121.6-8]. This resolution identifies the allocations for operations of the Oneida Nation in Fiscal Year 2023 are five hundred forty-four million two hundred thirty-seven thousand seven hundred thirty-eight dollars ($544,237,738). The identified sources of funding for Fiscal Year 2023 are four hundred ninetyone million one hundred thirty-one thousand eight hundred seventy-four dollars ($491,131,874). At the conclusion of each fiscal year there are revenues earned that exceed expenditures which result in carry over funds. As of December 8, 2022, the balance of carry over available from prior years is ninety-seven million nine hundred fifty-two thousand dollars ($97,952,000). The Budget Page 1 of 2 Public Packet 37 of 189 and Finances law does not currently address general carry over funding, and only addresses unexpended funds in regard to unexpended capital improvement funds and unexpended capital expenditure funds. [1 O.C. 121.6-6]. The Oneida Business Committee adopted resolution BC-1021-22-A, Process to Authorize Use of Carry Over Funds, which requires that use of carry over funds be authorized by adoption of a resolution by the Oneida Business Committee which states the amount to be authorized, the purpose of the fund request, and identifies the remaining balance of carry over funds. This resolution provides that the Oneida Business Committee hereby adopts the resolution Authorize the Use of $53,105,864 in Carry Over Funds to Balance the Fiscal Year 2023 Budget. Although this resolution is not specific in the Resolved sections as to what actions this resolution is taking, it can be inferred that the intent of the adoption of this resolution is to authorize the use of fifty-three million one hundred and five thousand eight hundred and sixty-four dollars ($53,105,864) of carry over funds for the purpose of balancing the Fiscal Year 2023 Budget. This would leave forty-four million eight hundred forty-six thousand one hundred thirty-six dollars ($44,846,136) remaining in available carry over funds. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 38 of 189 Adopt resolution entitled Emergency Amendment to the Election Law Business Committee Agenda Request 1. Meeting Date Requested: 12/28/22 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☐ Accept as information; OR Adopt the resolution, entitled Emergency Amendment to the Election Law 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☒ Other: Legislative Operating ☐ Programs/Services ☐ MIS ☒ Boards, Committees, or Commissions Committee 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 39 of 189 6. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☒ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☒ Resolution ☐ Rule (adoption packet) ☒ Statement of Effect ☐ Travel Documents 7. Budget Information: ☐ Budgeted – Tribal Contribution ☐ Unbudgeted ☐ Other: Describe ☐ Budgeted – Grant Funded ☒ Not Applicable 8. Submission: Authorized Sponsor: David P. Jordan, Councilman Primary Requestor: Clorissa N. Leeman, LRO Senior Staff Attorney Revised: 11/15/2021 Page 2 of 2 Public Packet 40 of 189 Public Packet 41 of 189 Public Packet Oneida Nation 42 of 189 Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Emergency Amendment to the Election Law 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 Election law (“the Law”) was adopted by the General Tribal Council on June 19, 1993 for the purpose of governing the procedures for the conduct of orderly elections of the Nation, and was most recently amended by the General Tribal Council through resolution GTC-04-23-17-A; and WHEREAS, the Oneida Election Board has requested emergency amendments to the Election law to address the selection of the 2023 General Election date; and WHEREAS, section 102.9-1 of the Election law requires that the General Tribal Council select the date of the general election at the annual meeting in January, or the first meeting held that year; and WHEREAS, the Oneida Election Board provided expressed concern that there is the possibility that the General Tribal Council will not be able to meet in January, or soon after, to select the 2023 General Election date; and WHEREAS, the proposed emergency amendment to the Law allows the Oneida Business Committee to select the election date if the General Tribal Council is unable to meet to select the election date by February 1st of a year; 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 the amendments to the Law are necessary for the preservation of the general welfare of the Reservation population to ensure that the 2023 General Election can occur in accordance with the requirements of the Election law; and WHEREAS, observance of the requirements under the Legislative Procedures Act for adoption of these amendments would be contrary to public interest and the process and requirements of the Legislative Procedures Act cannot be completed in time to allow a date to be selected for Public Packet 45 46 47 48 49 50 51 52 43 of 189 BC Resolution _____________ Emergency Amendments to the Election Law Page 2 of 2 the 2023 General Election that provides the Oneida Election Board enough time to properly plan and prepare for the Nation to hold the 2023 General Election in July 2023; 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, the Oneida Business Committee hereby adopts the emergency amendment to the Election Law effective immediately. Public Packet 44 of 189 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Emergency Amendment to the Election law Summary This resolution adopts an emergency amendment to the Election law to allow the Oneida Business Committee to select the election date if the General Tribal Council is unable to meet to select the election date by February 1st of a year. [1 O.C. 102.10-2]. Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office Date: December 14, 2022 Analysis by the Legislative Reference Office This resolution adopts an emergency amendment to the Election law. The Election law governs the procedures for the conduct of orderly elections of the Nation, including pre-election activities such as caucuses and nominations. [1 O.C. 102.1-1]. The emergency amendment to the Election law will allow the Oneida Business Committee to select the election date if the General Tribal Council is unable to meet to select the election date by February 1st of a year. [1 O.C. 102.10-2]. The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C. 109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is necessary for the immediate preservation of the public health, safety, or general welfare of the Reservation population and when enactment or amendment of legislation is required sooner than would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement are not required for emergency legislation. [1 O.C. 109.8-1(b) and 109.9-5(a)]. Section 102.9-1 of the Election law requires that the General Tribal Council select the date of the general election at the annual meeting in January, or the first meeting held that year. The Oneida Election Board expressed concern that there is the possibility that the General Tribal Council will not be able to meet in January, or soon after, to select the 2023 General Election date, and asked for emergency amendments to be made to the Election law to provide guidance on how this concern should be handled. The resolution provides that the emergency amendment to the Election law is necessary for the preservation of the general welfare of the Reservation population to ensure that the 2023 General Election can occur in accordance with the requirements of the Election law. Additionally, observance of the requirements under the LPA for the adoption of the amendment to the Election law would be contrary to public interest and the process and requirements of the Legislative Procedures Act cannot be completed in time to allow a date to be selected for the 2023 General Election that provides the Oneida Election Board enough time to properly plan and prepare for the Nation to hold the 2023 General Election in July 2023. Page 1 of 2 Public Packet 45 of 189 The adoption of the emergency amendment to the Election law will take effect immediately upon adoption by the Oneida Business Committee. The emergency amendment to the Election law will remain effective for six (6) months. The LPA provides the possibility to extend the emergency amendment for an additional six (6) months, or until the emergency amendment expires or is permanently adopted. [1 O.C. 109.9-5(b)]. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 46 of 189 Analysis to Emergency Draft 1 2022 12 28 ELECTION LAW EMERGENCY AMENDMENTS LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Amendments Purpose Affected Entities Public Meeting Fiscal Impact Expiration of Emergency Legislation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Analysis by the Legislative Reference Office Allow the Oneida Business Committee to select the election date if the General Tribal Council is unable to meet to select the election date by February 1st of a year. [1 O.C. 102.9-1]. To govern the procedures for the conduct of orderly elections of the Nation, including pre-election activities such as caucuses and nominations. [1 O.C. 102.1-1] Oneida Nation Election Board, General Tribal Council, Oneida Business Committee. A public meeting is not required for emergency legislation [1 O.C. 109.81(b) and 109.9-5(a)]. A fiscal impact statement is not required for emergency legislation [1 O.C. 109.9-5(a)]. Emergency legislation expires six (6) months after adoption and may be renewed for an additional six (6) month period. SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Election law was first adopted on June 19, 1993, and most recently amended by the General Tribal Council on April 23, 2017. The Law governs the procedures for the conduct of orderly elections of the Nation. [1 O.C. 102.1-1]. B. Request for Emergency Amendments. On November 30, 2022, during the presentation of the Oneida Election Board’s quarterly report, the Oneida Business Committee adopted a motion to request the Legislative Operating Committee to take emergency action on the Election law to address concerns identified in the event the 2023 Annual General Tribal Council meeting is not held. Section 102.9-1 of the Election law requires that the General Tribal Council select the date of the general election at the annual meeting in January, or the first meeting held that year. The Oneida Election Board expressed concern that there is the possibility that the General Tribal Council will not be able to meet in January, or soon after, to select the 2023 general election date, and asked for emergency amendments to be made to the Election law to provide guidance on how this concern should be handled. The Legislative Operating Committee determined these amendments should be pursued on an emergency basis for the immediate preservation of the general welfare of the Reservation population. SECTION 3. CONSULTATION AND OUTREACH • • Representatives from the following departments or entities participated in the development of this Law and legislative analysis:  Oneida Election Board. The Legislative Operating Committee has held the following work meetings specific to the proposed emergency amendments to this Law: Page 1 of 3 Public Packet 23 47 of 189 Analysis to Emergency Draft 1 2022 12 28  December 13, 2022: LOC work meeting. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 4. PROCESS A. These amendments are being considered on an emergency basis. The Oneida Business Committee may temporarily enact an emergency legislation 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. 109.95].  The emergency adoption of amendments to this Law are necessary for the preservation of the general welfare of the Reservation population in order to ensure that the 2023 General Election can occur in accordance with the requirements of the Election law.  Observance of the requirements under the Legislative Procedures Act for adoption of the emergency amendments to this Law would be contrary to public interest and the process and requirements of the Legislative Procedures Act cannot be completed in time to allow a date to be selected for the 2023 General Election that provides the Oneida Election Board enough time to properly plan and prepare for the Nation to hold the 2023 General Election in July 2023. B. The emergency amendments will expire six (6) months after adoption, with one (1) opportunity for a six (6) month extension of the emergency amendments. [1 O.C. 109.9-5(b)]. C. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact statement will eventually be required when considering permanent adoption of this Law. D. The Legislative Operating Committee added these emergency amendments to the Active Files List on December 7, 2022. 47 48 49 50 51 52 53 SECTION 5. CONTENTS OF THE LEGISLATION 54 55 56 57 58 59 60 61 62 63 64 65 SECTION 6. EXISTING LEGISLATION D. Selection of the Election Date. The Election law requires that the General Tribal Council shall set the election date at the January annual meeting, or at the first GTC meeting held during a given year. [1 O.C. 102.9-1]. The proposed amendments add a provision to the Law which provides that if the General Tribal Council is unable to meet to select the election date by February 1st, then the Oneida Business Committee shall select the election date. [1 O.C. 102.9-1]. A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this Law:  Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal Council on January 7, 2013, for the purpose of providing a standard process for the adoption of laws of the Nation which includes taking into account comments from members of the Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].  The Legislative Procedures Act provides a process for the adoption of emergency legislation when the legislation is necessary for the immediate preservation of the public health, safety, or general welfare of the Reservation population and the enactment or amendment of legislation is required sooner than would be possible under this law. [1 O.C. 109.9-5]. Page 2 of 3 Public Packet 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 48 of 189 Analysis to Emergency Draft 1 2022 12 28 The Legislative Operating Committee is responsible for first reviewing the emergency legislation and for forwarding the legislation to the Oneida Business Committee for consideration. [1 O.C. 109.9-5(a)].  The proposed emergency legislation is required to have a legislative analysis completed and attached prior to being sent to the Oneida Business Committee for consideration. [1 O.C. 109.9-5(a)]. a. A legislative analysis is a plain language analysis describing the important features of the legislation being considered and factual information to enable the Legislative Operating Committee to make informed decisions regarding legislation. A legislative analysis includes a statement of the legislation’s terms and substance; intent of the legislation; a description of the subject(s) involved, including any conflicts with Oneida or other law, key issues, potential impacts of the legislation and policy considerations. [1 O.C. 109.3-1(g)].  Emergency legislation does not require a fiscal impact statement to be completed or a public comment period to be held. [1 O.C. 109.9-5(a)].  Upon the determination that an emergency exists the Oneida Business Committee can adopt emergency legislation. The emergency legislation becomes effective immediately upon its approval by the Oneida Business Committee. [1 O.C. 109.9-5(b)].  Emergency legislation remains in effect for a period of up to six (6) months, with an opportunity for a one-time emergency law extension of up to six (6) months. [1 O.C. 109.9-5(b)].  Adoption of these proposed emergency amendments would conform with the requirements of the Legislative Procedures Act.  92 SECTION 7. OTHER CONSIDERATIONS 93 A. Deadline for Permanent Adoption of Legislation. The adoption of emergency amendments to the Law 94 expire six (6) months after adoption. The emergency legislation may be renewed for an additional six 95 (6) month period. 96  Conclusion: The Legislative Operating Committee will need to determine if the adoption of these 97 amendments is necessary on a permanent basis, and if so, develop the permanent amendments to 98 this Law within the next six (6) to twelve (12) months. 99 B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation. 100  Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except 101 emergency legislation [1 O.C. 109.6-1]. 102 Page 3 of 3 Public Packet 102.1. 102.2. 102.3. 102.4. 102.5. 102.6. 102.7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 49 of 189 Draft 1 for OBC Emergency Consideration 2022 12 28 Title 1. Government and Finances - Chapter 102 ELECTION Ona=k@= Tho Ni= Y%t Tsi> Kayanl^hsla People of the Standing Stone how it is we will appoint them the kind of laws we have Purpose and Policy Adoption, Amendment, Repeal Definitions Election Board Candidate Eligibility Selection of Candidates Notice of Polling Places 102.8. Registration of Voters 102.9. Election Process 102.10. Tabulating and Securing Ballots 102.11. Election Outcome and Ties 102.12. Elections 102.13. Oneida Nation Constitution and By-law Amendments 102.1. Purpose and Policy 102.1-1. It is the policy of the Nation that this law shall govern the procedures for the conduct of orderly elections of the Nation, including pre-election activities such as caucuses and nominations. Because of the desire for orderly and easily understood elections, there has not been an allowance made for write-in candidates on ballots. 102.1-2. This law defines the duties and responsibilities of the Election Board members and other persons employed by the Oneida Nation in the conduct of elections. It is intended to govern all procedures used in the election process. 102.2. Adoption, Amendment, Repeal 102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A and, amended by resolutions GTC-01-04-10-A, BC-02-25-15-C and GTC-04-23-17-A., and amended on an emergency basis by resolution BC-__-__-__-__. 102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding amendments to this law and policies adopted regarding implementation of this law are to be presented to the Business Committee who shall then adopt or forward action(s) to the General Tribal Council for adoption. 102.2-3. 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. 102.2-4. 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. 102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 102.3. Definitions 102.3-1. 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. 102.3-2. “Alternate” shall mean an individual appointed by the Business Committee to serve on the Election Board during an election and until election results have been certified. 102.3-3. “Applicant” shall mean a potential candidate who has not yet been officially approved for acceptance on a ballot. 102.3-4. “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding holidays of the Nation. 102.3-5. “Campaigning” shall mean all efforts designed to influence members of the Nation to support or reject a particular candidate of the Nation including, without limitation, advertising, rallying, public speaking, or other communications with members of the Nation. 1 O.C. 102 – page 1 Public Packet 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 50 of 189 Draft 1 for OBC Emergency Consideration 2022 12 28 102.3-6. “Candidate” shall mean a petitioner or nominee for an elected position whose name is placed on the ballot by the Election Board after successful application. 102.3-7. “Clerk” shall mean the election official who identifies proper registration for the purpose of determining voter eligibility. 102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday. 102.3-9. “Conflict of Interest” shall mean any interest, whether it be personal, financial, political or otherwise, in which a Nation elected official, employee, consultant, appointed or elected, member of any board, committee or commission, or their immediate relatives, friends or associates, or any other person with whom they have contact, that conflicts with any right of the Nation to property, information, or any other right to own and operate its enterprises, free from undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in any law or policy of the Nation. 102.3-10. “Election” shall mean every primary and election. 102.3-11. “General election” shall mean the election held every three (3) years in July to elect the Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the Business Committee and may include contests for elected boards, committees and commissions positions. 102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of discrepancies, complaints and controversy regarding voter eligibility. 102.3-13. “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. 102.3-14. “Lot drawing” shall mean the equal chance method used to select a candidate as the winner of an elected position, in the case of a tie between two (2) or more candidates. 102.3-15. “Nation” means the Oneida Nation. 102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by the Nation for the benefit of transmitting news to members of the Nation, which is designated by the Election Board as a source for election related news. 102.3-17. “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a police officer on any police force. 102.3-18. “Private property” shall mean any lot of land not owned by the Nation, a residential dwelling or a privately owned business within the boundaries of the Reservation. 102.3-19. “Prominent locations” shall mean the polling places, main doors of the Norbert Hill Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida Community Health Center, the SEOTS building and all One-Stop locations. 102.3-20. “Qualified voter” shall mean an enrolled member of the Nation who is eighteen (18) years of age or older. 102.3-21. “Rejected Ballots” shall mean those ballots which are rejected by the vote tabulating machine. 102.3-22. “Spoiled Ballot” shall mean a ballot which contains a voter error or is otherwise marred and is not tabulated. 102.3-23. “Teller” shall mean the election official in charge of collecting and storing of all ballots. 102.4. Election Board 1 O.C. 102 – page 2 Public Packet 51 of 189 Draft 1 for OBC Emergency Consideration 2022 12 28 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 Section A. Establishment, Composition and Election 102.4-1. An Election Board is hereby created for the purpose of carrying out the provisions of this law and Article III, Sections 2 and 3 of the Oneida Nation Constitution. 102.4-2. The Election Board shall consist of nine (9) elected members. All members shall be elected to terms of three (3) years, not to exceed two (2) consecutive terms. 102.4-3. Recusal. An Election Board member shall recuse himself/herself from participating as an Election Board member in any pre-election, election day, or post-election activities while he or she is a petitioner, applicant or candidate in any election or there is otherwise a conflict of interest. 102.4-4. Removal. Removal of members shall be pursuant to the Oneida Removal Law. A member who is removed from the Election Board shall be ineligible to serve on the Board for three (3) years from the time he or she is removed from the Election Board. 102.4-5. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the Business Committee for the balance of the unexpired term. The filling of a vacancy may be timed to correspond with the pre-election activities and the needs of the Election Board. 102.4-6. The Election Board shall identify tellers, judges and clerks in advance of an election. 102.4-7 The Business Committee may appoint or reappoint a sufficient number of alternates to the Election Board, as recommended by the Election Board, to assist with election day and preelection activities. 102.4-8. The Election Board shall choose a Chairperson from amongst themselves as set out in the By-laws of the Election Board, to preside over the meetings. This selection shall be carried out at the first meeting of the Election Board following an election. The Chairperson shall then ask the Election Board to select a Vice-Chairperson and Secretary. Section B. Duties of the Election Board 102.4-9. The Election Board shall have the following duties, along with other responsibilities listed throughout this law. (a) The Election Board shall be in charge of all registration and election procedures; and (b) Upon completion of an election, the Election Board shall make a final report on the election results as set out in this law. Section C. Specific Duties of Officers and Election Board Members 102.4-10. Specific duties of the Chairperson and other Election Board members, in addition to being present at all Election Board meetings and assisting the handicapped through the voting process, are as set out herein: (a) Chairperson: Shall preside over meetings of the Election Board; shall select the hearing body for applicants found to be ineligible in accordance with 102.5-6 in the event of an appeal; shall oversee the conduct of the election; shall dismiss the alternates and Trust Enrollment Department personnel when their election day duties are complete; and shall post and report election results. (b) Vice-Chairperson: Shall preside over all meetings in the absence of the Chairperson. (c) Secretary: Shall keep a record of the meetings and make them available to the Nation’s Secretary, other Election Board members and the public as required in the Open Records and Open Meetings Law. (d) Clerks: Shall implement the requirements of identifying and registering all voters and determining voter eligibility. Clerks shall work in conjunction with the Trust Enrollment 1 O.C. 102 – page 3 Public Packet 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 52 of 189 Draft 1 for OBC Emergency Consideration 2022 12 28 Department personnel in the registration process, and assist the Chairperson as directed in conducting the election. Clerks cannot be currently employed by the Trust Enrollment Department. (e) Tellers: Shall collect and keep safe all ballots, until the election is complete, as determined by this law. Shall assist the Chairperson in conducting the election. (f) Judges: Shall inform and advise the Chairperson of all aspects of the election conducted under this law. In case of disputes among Election Board members, or between members of the Nation and Election Board members, or any controversy regarding voter eligibility, the Judge(s) shall assist the Chairperson in making a determination. The Judge(s) shall also ensure that all ballots of voters whose eligibility may be in question, remain confidential. Section D. Compensation Rates 102.4-11. Election Board members are to be compensated at an hourly rate when conducting elections as provided for in the Election Board’s bylaws as approved by the Business Committee. The Election Board shall have a budget, approved through the Nation’s budgeting process. 102.4-12. The Trust Enrollment Department personnel and Oneida Police Officer(s) shall be compensated at their regular rate of pay out of their respective budgets. 102.5. Candidate Eligibility Section A. Requirements 102.5-1. In addition to any specific requirements and/or exceptions set out in duly adopted bylaws or other documents, all applicants shall meet the minimum requirements set out in this section in order to become a candidate. 102.5-2. Minimum Requirements. In order to be eligible to be a candidate, applicants shall: (a) be an enrolled member of the Nation, as verified by membership rolls of the Nation. (b) be a qualified voter on the day of the election. (c) provide proof of physical residency as required for the position for which they have been nominated or for which they have petitioned. Proof of residency may be through one (1) or more of the following: (1) a valid Wisconsin driver’s license; (2) a bill or pay check stub showing name and physical address of the candidate from the prior or current month; (3) another form of proof that identifies the candidate and that the candidate has physically resided at the address and identifies that address as the primary residence. 102.5-3. No applicant may have a conflict of interest with the position for which they are being considered, provided that any conflict of interest which may be eliminated within thirty (30) calendar days of being elected shall not be considered as a bar to nomination or election. 102.5-4. Applications and petitions where the applicant was not nominated during caucus shall be filed by presenting the information to the Nation’s Secretary, or designated agent, during normal business hours, 8:00 to 4:30 Monday through Friday, within five (5) business days after the caucus. No mailed, internal Nation mail delivery, faxed or other delivery method shall be accepted. 102.5-5. The names of the candidates and the positions sought shall be a public record and made available to the public upon the determination of eligibility by the Election Board or the Board’s 1 O.C. 102 – page 4 Public Packet 53 of 189 Draft 1 for OBC Emergency Consideration 2022 12 28 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 designated agent. Section B. Eligibility Review 102.5-6. Applicants found to be ineligible shall have two (2) business days to request an appeal. At least four (4) Election Board members shall constitute a hearing body. The Chairperson shall select the hearing body. The hearing shall be held within two (2) business days of receipt of the appeal. The applicant shall be notified by phone of time and place of the hearing. The decision of the hearing body shall be sent via certified mail or hand delivery within two (2) business days of the hearing. Any appeal from a decision of the Election Board hearing body shall be to the Judiciary on an accelerated schedule. 102.5-7. The Election Board shall be responsible for reviewing the qualifications of applicants to verify eligibility. Any applicant found to be ineligible for a nominated or petitioned for position shall be notified by certified mail return receipt requested. The notice shall provide the following information: (a) Position for which they were considered (b) Qualification of the position and citation of the source. (Copies of source may be attached.) (c) A brief summary explaining why the applicant was found to be ineligible. (d) That the applicant has two (2) business days from notification to make an appeal. Appeals must be filed at the location designated on the notice by hand delivery. The location designated shall be on the Reservation. No mailed, internal Nation mail, faxed or other delivery method will be accepted. Section C. Campaign Financing 102.5-8. Contributions: (a) Solicitation of Contributions by Candidates. (1) Candidates shall only accept contributions from individuals who are members of the Nation or individuals related by blood or marriage to the candidate. Candidates may not accept contributions from any business, whether sole proprietorship, partnership, corporation, or other business entity. (2) Candidates shall not solicit or accept contributions in any office or business/facility of the Nation. (b) Fines. Violation of the contribution restrictions shall result in a fine imposed by the Election Board in an amount specified in a resolution adopted by the Business Committee. 102.5-9. Campaign Signs and Campaigning: (a) Placement of campaign signs: (1) Campaign signs shall not be posted or erected on any property of the Nation except for private property with the owner/tenant’s permission. (2) No campaign sign shall exceed sixteen (16) square feet in area. A maximum of seven (7) such signs may be placed on a building or on a lot. (3) No campaign sign shall project beyond the property line into the public right of way. (b) Removal of campaign signs. All campaign signs shall be removed within five (5) business days after an election. 1 O.C. 102 – page 5 Public Packet 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 54 of 189 Draft 1 for OBC Emergency Consideration 2022 12 28 (c) Employees of the Nation shall not engage in campaigning for offices of the Nation during work hours. The Nation’s employees shall be subject to disciplinary action under the personnel policies and procedures for political campaigning during work hours. (d) Enforcement. The Zoning Administrator shall cause to be removed any campaign signs that are not in compliance with this law, in accordance with the Zoning and Shoreland Protection Law. (e) Fines. Violation of the campaign sign restrictions shall result in a fine imposed by the Election Board in an amount specified in a resolution adopted by the Business Committee. Section D. Candidate Withdrawal 102.5-10 Any candidate may withdraw his or her name from a ballot if submitted in writing by the candidate prior to submission of the ballot for printing to any Election Board member, excluding alternates. 102.5-11 After printing of the ballot, any candidate may withdraw his or her name from the election by submitting in writing a statement indicating they are withdrawing from the election prior to the opening of the polls to any Election Board member, excluding alternates. This statement shall be posted alongside any sample ballot printed prior to the election in the newspaper or any posting at the polling places. 102.5-12. Candidates withdrawing after opening of the polls shall request, in writing to the Election Board members in charge of the polling place, to be removed from the ballot. The written statement shall be posted next to any posted sample ballot. 102.5-13. Candidates withdrawing by any method listed herein shall be denied any position from which they have withdrawn regardless of the number of votes cast for that candidate. A written statement shall be considered the only necessary evidence of withdrawal and acceptance of denial of any position withdrawn from. 102.5-14. Candidate Withdrawal After Winning an Election. (a) In the event a candidate declines an office after winning an election, the Election Board shall declare the next highest vote recipient the winner. This procedure shall be repeated as necessary until a winner is declared. (b) If all vote recipients decline or are otherwise unable to be declared the winner, then a Special Election shall be held. 2.6. Selection of Candidates Section A. Setting of Caucus 102.6-1. The Election Board shall be responsible for calling a caucus before any election is held. The caucus for the general election shall be held at least ninety (90) calendar days prior to the election date. Caucuses for other elections shall be held at least forty-five (45) calendar days prior to the election date. In a general election year, caucuses shall be combined so that candidates for the Business Committee and elected boards, committees and commissions are nominated at the same caucus. 102.6-2. The procedures for the caucus shall be as follows: (a) Candidates shall be nominated from the floor. (b) Candidates present at the caucus will accept/decline their nomination at the caucus. Candidates nominated at the caucus, but not present to accept the nomination, shall be required to follow the petition process. 1 O.C. 102 – page 6 Public Packet 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 55 of 189 Draft 1 for OBC Emergency Consideration 2022 12 28 (c) Nominations shall consist of the following positions: Chairperson, Vice-Chairperson, Treasurer, Secretary, Council Member and other elected positions as required by by-laws or creating documents of a board, committee, or commission. Section B. Petition 102.6-3. Any eligible member of the Nation may petition to be placed on a ballot according to the following procedures: (a) Each petitioner, not nominated at caucus, shall file a petition containing endorsee’s original signatures; photocopies shall not be accepted. (b) Petitioners shall use an official petition form as designated by this law which may be obtained in the Office of the Nation’s Secretary or from the mailing for that caucus. (c) The petition form shall consist of each endorsee’s: (1) printed name and address; (2) date of birth; (3) Oneida Nation Enrollment Number; and (4) signature. (d) Petitioners shall obtain not less than ten (10) signatures of qualified voters as defined under this law. (e) Petitions shall be presented to the Nation’s Secretary, or designated agent, during normal business hours, 8:00 to 4:30 Monday through Friday, but no later than prior to close of business five (5) business days after the caucus. The location to drop-off petitions shall be identified in the mailing identifying the caucus date. (f) The Nation’s Secretary shall forward all petitions to the Election Board Chairperson the next business day following the close of petition submissions. (g) The Election Board shall have the Trust Enrollment Department verify all signatures contained on the petition. 102.6-4. A person who runs for a position on the Oneida Business Committee, or a position on a judicial court or commission, shall not run for more than one (1) elective office or seat per election. 102.7. Notice of Polling Places 102.7-1. The Election Board shall post a notice in the prominent locations, stating the location of the polling places and the time the polls will be open. This notice shall also be posted in an easily visible position, close to the entrance of the Nation’s businesses/facilities. 102.7-2. Polling information shall be posted no less than ten (10) calendar days prior to the election, and shall remain posted until the poll closes on the day of the election. 102.7-3. Except for a Special Election, notice for the election shall be mailed to all Nation members, stating the time and place of the election and a sample of the ballot, no less than ten (10) calendar days prior to the election, through a mass mailing. The Trust Enrollment Department shall be notified, by the Election Board Chairperson, no less than twenty (20) calendar days prior to the requested mailing. 102.7-4. Notice of the election shall be placed in the Nation’s newspaper. 102.8. Registration of Voters Section A. Requirements 102.8-1. Registration of Voters. All enrolled members of the Nation, who are eighteen (18) years 1 O.C. 102 – page 7 Public Packet 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 56 of 189 Draft 1 for OBC Emergency Consideration 2022 12 28 of age or over, are qualified voters of such election(s) as defined in Article III, Section 2 of the Oneida Nation Constitution. Section B. Identification of Voters 102.8-2. All voters must present one of the following picture identifications in order to be able to vote: (a) Oneida Nation I.D. (b) Drivers License. (c) Other I.D. with name and photo. Section C. Registration Procedures 102.8-3. Voters shall physically register, on the day of the election, at the polls. 102.8-4. Trust Enrollment Department personnel shall be responsible for verifying enrollment with the Nation. Conduct of Trust Enrollment Department personnel is governed by the Election Officials during the voting period. 102.8-5. Every person who intends to vote must sign his/her name on an official Voter Registration Form containing the voter’s following information: (a) name and maiden name (if any); (b) current address; (c) date of birth; and (d) enrollment number. Section D. Qualification/Verification of Voter Eligibility 102.8-6. Should a question or dispute arise as to the eligibility of a voter being qualified to vote, the Judges of the Election Officials appointed by the Election Board Chairperson shall meet with the Trust Enrollment Department personnel who are registering voters, to decide the voting member’s eligibility currently being questioned and shall make such decisions from the facts available, whether the applicant is, in fact, qualified/verifiable under the Oneida Nation Constitution, Article III Section 2, to vote in the Nation’s elections. 102.8-7. Any voter denied eligibility shall be allowed to vote, provided that the ballot shall be placed in an envelope, initialed by two (2) Election Officials, sealed and numbered. The name of the voter shall be written next to a numbered list which corresponds to the numbered and sealed envelope. The voter shall be required to mail a written appeal to the Election Board at P.O. Box 413, Oneida, Wisconsin, 54155, postmarked within two (2) business days of the election if they desire to challenge the decision made by the Election Officials. The Election Board shall make a final decision, within five (5) business days of receiving the appeal and shall report this decision in the final report sent to the Oneida Business Committee. 102.9. Election Process Section A. Polling Places and Times 102.9-1. In accordance with Article III, Section 5 of the Oneida Nation Constitution, elections shall be held in the month of July on a date set by the General Tribal Council. The General Tribal Council shall set the election date at the January annual meeting, or at the first GTC meeting held during a given year. If the General Tribal Council is unable to meet to select the election date by 1 O.C. 102 – page 8 Public Packet 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 57 of 189 Draft 1 for OBC Emergency Consideration 2022 12 28 February 1st, then the Oneida Business Committee shall select the election date. Special Elections shall be set in accordance with 102.12-6. 102.9-2. Elections shall be held in an Oneida Nation facility(s) as determined by the Election Board. 102.9-3. Voting for elections shall begin at 7:00 a.m. and shall end at 7:00 p.m. All voters in line to vote at 7:00 p.m. shall be allowed to vote. (a) If a ballot counting machine is used, the ballot counting machine shall be prepared prior to 7:00 a.m. on the day of the election. The Judges shall open the polls only after four (4) members of the Nation verify, through signature on the tape, the ballot box is empty and the ballot counting machine printer tape has a zero (0) total count. 102.9-4. At least one (1) Oneida Police Officer shall be present during the time the polls are open, and until the counting of ballots is completed, and tentative results posted. 102.9-5. The Election Board shall provide a voting area sufficiently isolated for each voter such that there is an area with at least two sides and a back enclosure. 102.9-6. No campaigning of any type shall be conducted within two hundred eighty (280) feet of the voting area, excluding private property. 102.9-7. No one causing a disturbance shall be allowed in the voting area. 102.9-8. Election Board members may restrict the voting area to qualified voters only. This restriction is in the interest of maintaining security of the ballots and voting process. Section B. Ballot Box 102.9-9. All ballots being votes, shall be placed in a receptacle clearly marked "Ballot Box" and shall be locked until counting at the close of polls. Provided that, with electronic ballot counting, the ballots may be placed within the ballot counting machine as they are received. Section C. Spoiled Ballots 102.9-10. If a voter spoils his/her ballot, he/she shall be given a new ballot. 102.9-11. The spoiled ballot shall be marked "VOID" and initialed by two (2) Election Officials and placed in an envelope marked as "Spoiled Ballots." 102.9-12. The Spoiled Ballot envelopes shall be retained and secured for no less than fifteen (15) calendar days following finalization of any challenge of the election, at the Records Management Department. Section D. Rejected Ballots 102.9-13. Rejected Ballots are to be placed in a specially marked container and sealed. (a) Computer rejected ballots shall be reviewed by the Election Officials to verify the authenticity of the ballot. Ballots rejected because of mutilation shall be added to the final computer total, provided that, a new ballot was not received as set out in sections 102.9-10 through 102.9-12. (b) Ballots rejected, either during the computer process or during a manual counting, shall be reviewed by the Election Officials to verify that they are authentic. If the Election Officials determine that the ballot is not an official ballot, or that it is an illegal ballot, the ballot shall be designated ‘void,’ and placed in a sealed container marked “Void Ballots.” 102.10. Tabulating and Securing Ballots 1 O.C. 102 – page 9 Public Packet 58 of 189 Draft 1 for OBC Emergency Consideration 2022 12 28 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 Section A. Machine Counted Ballots 102.10-1. When ballots are counted by machine, at the close of polls the Judges shall generate from the ballot counting machine copies of the election totals from the votes cast. 102.10-2. At least six (6) Election Board members shall sign the election totals, which shall include the tape signed by the members of the Nation before the polls were opened per section 102.9-3(a). Section B. Manually Counted Ballots 102.10-3. When ballots are manually counted, at the close of polls the Judges shall unlock the ballot box and remove the ballots. 102.10-4. If the ballots need to be counted at a location other than the polling site, the ballots shall be secured in a sealed container for transportation to the ballot counting location. The sealed ballots shall be transported by an Oneida Police Officer with at least three (3) of the Election Officials for counting/tallying of ballots. 102.10-5. The sealed ballots shall be opened at the time of counting by the Election Officials and witnessed/monitored by an Oneida Police Officer. 102.10-6. Ballots must be counted by two different Election Officials until two final tallies are equal in back to back counting. Final tallies shall be verified by the Election Judges. Section C. Securing Ballots 102.10-7. The Judges shall place together all ballots counted and secure them together so that they cannot be untied or tampered with without breaking the seal. The secured ballots, and the election totals with the signed tape, if applicable, shall then be secured by the Judges in a sealed container in such a manner that the container cannot be opened without breaking the seals or locks, or destroying the container. The Oneida Police Officer shall then deliver, on the day of the election, the sealed container to the Records Management Department for retaining. 102.11. Election Outcome and Ties Section A. Election Results Announcement 102.11-1. The tentative results of an election shall be announced and posted by the Election Board within twenty-four (24) hours after the closing of the polls. Notices of election results shall contain the following statement: "The election results posted here are tentative results. Final election results are forwarded by the Oneida Election Board to the Oneida Business Committee via a Final Report after time has lapsed for recount requests, or challenges or after all recounts or challenges have been completed, whichever is longer” 102.11-2. The Election Board shall post, in the prominent locations, and publish in the Nation’s newspaper, the tentative results of an election. Section B. Tie 102.11-3. In the event of a tie for any office, and where the breaking of a tie is necessary to determine the outcome of an election, the Election Board shall conduct an automatic recount of the votes for each candidate receiving the same number of votes. Any recount conducted shall be the only recount allowed for the tied candidates. 102.11-4. For Business Committee positions, a run-off election between the candidates with the 1 O.C. 102 – page 10 Public Packet 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 59 of 189 Draft 1 for OBC Emergency Consideration 2022 12 28 same number of votes shall be held if there remains a tie after the recount. Said run-off election shall be held within twenty one (21) calendar days after the recount. For all other positions, if there remains a tie after the recount, the Election Board shall decide the winner of the tied positions at least two (2) business days after, but no more than five (5) business days after the recount through a lot drawing, which shall be open to the public. (a) The Election Board shall notify each of the tied candidates and the public of the date, time, and place of the drawing at least one (1) business day before the drawing. Notice to the tied candidates shall be in writing. Notice to the publ [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ad25d6606259ed66d. Public record. Not legal advice.