# Oneida Business Committee (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ad79a152335f4f651 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 551 Oneida Business Committee Regular Meeting 8:30 AM Wednesday, July 13, 2022 BC Conference Room, 2nd floor, Norbert Hill Center Agenda Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/. Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 2nd floor, Norbert Hill Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change. I. CALL TO ORDER II. OPENING III. ADOPT THE AGENDA IV. OATH OF OFFICE A. V. VI. Oneida Public Safety Pension Board - Dustin Muenster Sponsor: Richard Van Boxtel, Chair/Oneida Police Commission MINUTES A. Approve the June 8, 2022, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary B. Approve the June 14, 2022, emergency Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary RESOLUTIONS A. Adopt resolution entitled Adoption of the Elder Assistance Program Law Sponsor: David P. Jordan, Councilman B. Adopt resolution entitled Elder Assistance Program Application Submission Period and Disbursement Timeframe for 2022 Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 1 of 7 July 13, 2022 Public Packet VII. 2 of 551 C. Adopt resolution entitled Oneida Nation Assistance Fund Application Submission Period and Disbursement Timeframe for 2022 Sponsor: David P. Jordan, Councilman D. Adopt resolution entitled Adoption of the Healing to Wellness Court Law Sponsor: David P. Jordan, Councilman E. Adopt the resolution entitled Adoption of an Emergency Amendment to the Election Law Sponsor: David P. Jordan, Councilman F. Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until September 20, 2022 Sponsor: Kaylynn Gresham, Director/Emergency Management G. Adopt resolution entitled Authorization of 80 Hours of Trade Back for Cash for Fiscal Year 2022 Sponsor: Todd VanDen Heuvel, Executive HR Director H. Enter the e-poll results into the record regarding the adopted BC resolution 06-2022-A Declaration of Emergency Resulting from the Damages Caused by the June 15, 2022, Severe Weather and Tornado Sponsor: Lisa Liggins, Secretary I. Enter the e-poll results into the record regarding the adopted BC resolution 06-2122-A Amendment to Resolution BC-04-27-22-B Removing Restrictions on Use of the Donation Sponsor: Lisa Liggins, Secretary J. Enter the e-poll results into the record regarding the adopted BC resolution 06-2222-A Oneida Nation American Rescue Plan Act of 2021 Bureau of Indian Affairs Housing Improvement Spending Plan Sponsor: Lisa Liggins, Secretary K. Enter the e-poll results into the record regarding the adopted BC resolution 06-2822-A Summer Savings at the Pump Program Sponsor: Lisa Liggins, Secretary L. Enter the e-poll results into the record regarding the adopted BC resolution 07-0122-A Fireworks Display for 48th Annual Oneida Nation Pow Wow Sponsor: Lisa Liggins, Secretary APPOINTMENTS A. Determine next steps regarding one (1) vacancy - Anna John Resident Centered Care Community Board Sponsor: Lisa Liggins, Secretary B. Determine next steps regarding ten (10) vacancies- Oneida Election Board Alternate Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 2 of 7 July 13, 2022 Public Packet VIII. 3 of 551 C. Determine next steps regarding one (1) vacancy - Oneida ESC Group, LLC Sponsor: Lisa Liggins, Secretary D. Determine next steps regarding two (2) vacancies - Southeastern Wisconsin Oneida Tribal Services Advisory Board Sponsor: Lisa Liggins, Secretary STANDING COMMITTEES A. B. C. D. COMMUNITY DEVELOPMENT PLANNING COMMITTEE 1. Accept the April 7, 2022, regular Community Development Planning Committee meeting minutes Sponsor: Brandon Stevens, Vice-Chairman 2. Accept the May 5, 2022, regular Community Development Planning Committee meeting minutes Sponsor: Brandon Stevens, Vice-Chairman FINANCE COMMITTEE 1. Accept the May 31, 2022, regular Finance Committee meeting minutes Sponsor: Tina Danforth, Treasurer 2. Accept the June 13, 2022, regular Finance Committee meeting minutes Sponsor: Tina Danforth, Treasurer LEGISLATIVE OPERATING COMMITTEE 1. Accept the June 1, 2022, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. Accept the June 15, 2022, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman QUALITY OF LIFE COMMITTEE 1. Accept the March 17, 2022, regular Quality of Life Committee meeting minutes Sponsor: Marie Summers, Councilwoman 2. Accept the May 19, 2022, regular Quality of Life Committee meeting minutes Sponsor: Marie Summers, Councilwoman Oneida Business Committee Regular Meeting Agenda Page 3 of 7 July 13, 2022 Public Packet IX. 4 of 551 STANDING ITEMS A. ARPA FRF and Tribal Contribution Savings Submissions 1. Adopt resolution entitled Obligation for 140HP Loader Tractor Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 2. Adopt resolution entitled Obligation for 140HP Mixer Tractor Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 3. Adopt resolution entitled Obligation for 6155M Cab Tractor with Crimper Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 4. Adopt resolution entitled Obligation for MS 400 VB Spreader Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 5. Adopt resolution entitled Obligation for Regenerative Agriculture Consultation Assessment Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 6. Adopt resolution entitled Obligation for Public Arts and Arts Survey Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 7. Adopt resolution entitled Obligation for Oneida National Treasures Recognition Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 8. Adopt resolution entitled Obligation for Oneida Nation Student Relief Fund Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 9. Adopt resolution entitled Obligation for Oneida Nation Home Infrastructure Program Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 10. Adopt resolution entitled Obligation for Oneida Nation Home Repair and Improvement Program Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 11. Adopt resolution entitled Obligation for Oneida Nation Food Assistance Program Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager Oneida Business Committee Regular Meeting Agenda Page 4 of 7 July 13, 2022 Public Packet X. XI. 5 of 551 TRAVEL REPORTS A. Approve the travel report - Chairman Tehassi Hill - National Republican Congressional Committee Event - Sarasota, FL - March 25-28, 2022 Sponsor: Tehassi Hill, Chairman B. Approve the travel report - Treasurer Tina Danforth - SEOTS Food Card Distribution Milwaukee, WI - November 17-20, 2021 Sponsor: Tina Danforth, Treasurer C. Approve the travel report - Treasurer Tina Danforth - State of the Tribes Address Madison, WI - February 21-22, 2022 Sponsor: Tina Danforth, Treasurer D. Approve the travel report - Treasurer Tina Danforth - National Association of Financial Assessments Officers 40th Annual Conference - Seattle, WA - April 3-5, 2022 Sponsor: Tina Danforth, Treasurer E. Approve the travel report - Treasurer Tina Danforth - Native American Bank Board Meeting - Denver, CO - April 18-19, 2022 Sponsor: Tina Danforth, Treasurer F. Approve the travel report - Councilman David P. Jordan, Councilman Kirby Metoxen, Councilwoman Marie Summers - Reservation Economic Summit "RES 2022" - Las Vegas, NV - May 23-26, 2022 Sponsor: Marie Summers, Councilwoman TRAVEL REQUESTS A. Approve the travel request - Treasurer Tina Danforth - Native American Finance Officers Association (NAFOA) 2022 Fall Finance & Tribal Economies Conference Mashantucket, CT - October 2-5, 2022 Sponsor: Tina Danforth, Treasurer B. Approve the travel request - Secretary Lisa Liggins - Assembly Democratic Campaign Committee Fundraiser - Wisconsin Dells, WI - July 26-27, 2022 Sponsor: Lisa Liggins, Secretary C. Approve the travel request - Councilman Kirby Metoxen - 2022 Wisconsin State Fair Milwaukee, WI - August 5-7, 2022 Sponsor: Kirby Metoxen, Councilman D. Approve the travel request - Councilwoman Jennifer Webster - 2022 Secretary's Tribal Advisory Committee (STAC) meeting - Albuquerque, New Mexico - September 5-10, 2022 Sponsor: Jennifer Webster, Councilwoman E. Enter the e-poll results into the record regarding the approved travel for Chairman Tehassi Hill to attend the Midwest Alliance of Sovereign Tribes (MAST) Summer meeting in New Buffalo, MI - August 9-11, 2022 Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 5 of 7 July 13, 2022 Public Packet 6 of 551 F. XII. XIII. Enter the e-poll results into the record regarding the approved travel for Councilman Kirby Metoxen to attend the Midwest Alliance of Sovereign Tribes (MAST) Summer meeting in New Buffalo, MI - August 9-12, 2022 Sponsor: Lisa Liggins, Secretary NEW BUSINESS A. Review the Sportsbook Rules of Play and determine next steps Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission B. Review the Three Card Poker Rules of Play and determine next steps Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission C. Review the Four Card Poker Rules of Play and determine next steps Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission D. Approve the development of a Repatriation of Norbert Hill Center working group Sponsor: Kirby Metoxen, Councilman E. Post (1) vacancy - Oneida Election Board Sponsor: Lisa Liggins, Secretary 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 Chief Financial Officer June 2022 report Sponsor: Larry Barton, Chief Financial Officer 4. Accept the Treasurer's May 2022 report (11:30 a.m.) Sponsor: Tina Danforth, Treasurer NEW BUSINESS 1. Accept the June 3, 2022, BC Officer meeting notes Sponsor: Danelle Wilson, Executive Assistant 2. Accept the July 5, 2022, BC Officer meeting notes Sponsor: Danelle Wilson, Executive Assistant 3. Review application(s) for one (1) vacancy - Anna John Resident Centered Care Community Board Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 6 of 7 July 13, 2022 Public Packet XIV. 7 of 551 4. Review application(s) for ten (10) vacancies - Oneida Election Board Alternate Sponsor: Lisa Liggins, Secretary 5. Review application(s) for one (1) vacancy - Oneida ESC Group, LLC Sponsor: Lisa Liggins, Secretary 6. Review applications for two (2) vacancies - Southeastern Wisconsin Oneida Tribal Services Advisory Board Sponsor: Lisa Liggins, Secretary 7. Review and determine next steps regarding Complaint #2022-DR06-01 (1:30 p.m.) Sponsor: Kristal Hill, Executive Assistant 8. Review and determine next steps regarding Complaint #2022-DR08-02 (1:30 p.m.) Sponsor: Kristal Hill, Executive Assistant ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and Open Meetings law (§ 107.14.) The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Government Administrative Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 7 of 7 July 13, 2022 Public Packet 8 of 551 Oneida Public Safety Pension Board - Dustin Muenster Business Committee Agenda Request 1. Meeting Date Requested: 07/13/22 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☐ Accept as information; OR Administer Oath of Office to Dustin Muenster for Oneida Public Safety Pension Board 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: Dustin Muenster, Police Officer 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 9 of 551 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: Richard Van Boxtel, Police Commission Chairman Primary Requestor: Eric Boulanger, Chief of Police Revised: 11/15/2021 Page 2 of 2 Public Packet 10 of 551 Public Packet 11 of 551 Approve the June 8, 2022, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 07/13/22 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 12 of 551 DRAFT Oneida Business Committee Executive Session 10:30 AM Tuesday, June 07, 2022 BC Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 1:00 PM Wednesday, June 08, 2022 BC Conference Room, 2nd floor, Norbert Hill Center Minutes EXECUTIVE SESSION Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster; Arrived at: n/a Not Present: Treasurer Tina Danforth Others present: Jo Anne House, Larry Barton, Louise Cornelius, Melinda J. Danforth, Mark W. Powless, Todd VanDen Heuvel, Danelle Wilson, Chad Fuss, Joseph Sikora; REGULAR MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Tina Danforth, Council members: Kirby Metoxen, Marie Summers; Arrived at: Secretary Lisa Liggins at 1:03 p.m., Councilman David P. Jordan at 1:03 p.m. Not Present: Council members: Daniel Guzman King, Jennifer Webster; Others present: Jo Anne House, Larry Barton, Melinda J. Danforth, Todd VanDen Heuvel (via Microsoft Teams1), Danelle Wilson (via Microsoft Teams), Rhiannon Metoxen (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Rae Skenandore (via Microsoft Teams), Amy Spears (via Microsoft Teams), Justin Nishimoto (via Microsoft Teams), Clorissa Santiago, Grace Elliott, Carolyn Salutz, Melanie Burkhart (via Microsoft Teams), Nicole Rommel (via Microsoft Teams), Lori Hill (via Microsoft Teams), Paul Witek (via Microsoft Teams), Jameson Wilson (via Microsoft Teams), Christopher Johnson, Patricia King (via Microsoft Teams), Debbie Melchert (via Microsoft Teams), Brooke Doxtator (via Microsoft Teams), Shannon Davis (via Microsoft Teams), Carol Silva (via Microsoft Teams), Jeanne Calhoun (via Microsoft Teams), Phyllis Tousey (via Microsoft Teams), Jessica Ryan (via Microsoft Teams), Nancy Barton, Robert Fowler, Diane Fowler, Courtney Gerzetich, Aliskwet Ellis; I. CALL TO ORDER Meeting called to order by Chairman Tehassi Hill at 1:02 p.m. For the record: Councilman Daniel Guzman King is out on approved travel attending FY 2023 Bemidji Area Pre-Negotiation meeting in Bloomington, MN. Councilwoman Jennifer Webster is out on approved travel attending the Great Lakes Area Tribal Health Board: Indian Health Services PreNegotiations in Minneapolis, MN. 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 9 June 08, 2022 Public Packet 13 of 551 DRAFT II. OPENING (00:00:31) Opening provided by Councilman Kirby Metoxen. Secretary Lisa Liggins arrived at 1:03 p.m. Councilman David P. Jordan arrived at 1:03 p.m. III. ADOPT THE AGENDA (00:00:58) Motion by Lisa Liggins to adopt the agenda with four (4) additions [1) under the New Business section, add item Authorize Chairman Tehassi Hill to sign a Letter of Support to the City of Green Bay Plan Commission regarding Edge of the Woods Housing; 2) under the New Business section, add item entitled Consider request for use of Economic Development Diversification and Community Development funds for a donation of $750,000 to Oneida Airport Hotel Corporation for Project ED22003; 3) under the New Business section add item entitled Consider request for use of Economic Development Diversification and Community Development funds for a donation of $17,637.23 to Oneida Youth Leadership Institute Fund for the Community Lacrosse Program Project ED22-002; 4) under the New Business section, add item entitled Approve BC Special Project fund request in the amount of $4,604.34, for a community meal in regards to the disinterment of two Oneida children from Carlisle, Pennsylvania Cemetery], seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster Item IX.B. was addressed next. IV. OATH OF OFFICE A. Audit Committee - James Skenandore Jr. - Administered Oath of Office on May 19, 2022 (00:16:37) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to accept the notice as information, seconded by David P. Jordan. Motion Pending: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster V. MINUTES A. Approve the May 20, 2022, emergency Business Committee meeting minutes (00:17:05) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to approve the May 20, 2022, emergency Business Committee meeting minutes, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 2 of 9 June 08, 2022 Public Packet 14 of 551 DRAFT B. Approve the May 25, 2022, regular Business Committee meeting minutes (00:17:30) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to approve the May 25, 2022, regular Business Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Abstained: Marie Summers Not Present: Daniel Guzman King, Jennifer Webster VI. RESOLUTIONS A. Adopt resolution entitled Emergency Adoption of the Oneida Nation Assistance Fund Law (00:17:55) Sponsor: David P. Jordan, Councilman Motion by Marie Summers to adopt resolution entitled 06-08-22-A Emergency Adoption of the Oneida Nation Assistance Fund Law, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster VII. STANDING COMMITTEES A. LEGISLATIVE OPERATING COMMITTEE 1. Accept the May 18, 2022, regular Legislative Operating Committee meeting minutes (00:22:03) Sponsor: David P. Jordan, Councilman Motion by Marie Summers to accept the May 18, 2022, regular Legislative Operating Committee meeting minutes, seconded by Lisa Liggins. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster VIII. STANDING ITEMS A. ARPA FRF and Tribal Contribution Savings Submissions (00:22:30) No submissions to consider. Oneida Business Committee Regular Meeting Minutes Page 3 of 9 June 08, 2022 Public Packet 15 of 551 DRAFT IX. NEW BUSINESS A. Approve two (2) actions - CDC #21-114 - Sacred Burial Grounds Expansion (00:22:37) Sponsor: Mark W. Powless, General Manager Motion by Brandon Stevens to extend the public comment period for Nancy Barton for an additional five (5) minutes, seconded by Lisa Liggins. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster Motion by Lisa Liggins to approve the CDC approval package for CDC #21-114 Sacred Burial Grounds Expansion and activate $150,000 from the CIP budget for CDC #21-114 Sacred Burial Grounds Expansion, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster Motion by Tina Danforth to direct the General Manager to work with Land Management to update all documents in referencing former family names of acquisitions and to bring back a report to the first Business Committee meeting in August, seconded by Lisa Liggins. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster Item IX.C. was addressed next. B. Approve contract amendment - Memorandum of Understanding with Brothertown Indian Nation - file # 2016-0432 (00:03:50) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by Lisa Liggins to approve contract amendment - Memorandum of Understanding with Brothertown Indian Nation - file # 2016-0432, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster Item IV.A. was addressed next. C. Support the designation of June 19 as an Oneida Nation paid holiday for the Juneteenth National Independence Day and forward to the Legislative Operating Committee for review (00:48:28) Sponsor: Lisa Liggins, Secretary Motion by Kirby Metoxen to support the designation of June 19 as an Oneida Nation paid holiday for the Juneteenth National Independence Day and forward to the Legislative Operating Committee for review, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens Abstained: Tina Danforth, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 4 of 9 June 08, 2022 Public Packet 16 of 551 DRAFT D. Enter the e-poll results into the record regarding the approved exception to resolution # BC-01-12-22-A to start the regular Business Committee meeting on May 25, 2022, at 1:00 p.m. (00:54:22) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to enter the e-poll results into the record regarding the approved exception to resolution # BC-01-12-22-A to start the regular Business Committee meeting on May 25, 2022, at 1:00 p.m., seconded by Tina Danforth. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster E. Authorize Chairman Tehassi Hill to sign a Letter of Support to the City of Green Bay Plan Commission regarding the Edge of the Woods Housing (00:54:55) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to authorize Chairman Tehassi Hill to sign a Letter of Support to the City of Green Bay Plan Commission regarding the Edge of the Woods Housing, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Abstained: Tina Danforth Not Present: Daniel Guzman King, Jennifer Webster F. Consider request for use of Economic Development Diversification and Community Development funds for a donation of $750,000 to Oneida Airport Hotel Corporation for Project ED22-003 (00:57:35) Sponsor: Rae Skenandore, Budget Analyst Motion by Lisa Liggins to rescind BC resolution 07-11-18-A Capital Contribution to Oneida Airport Hotel Corporation of $750,000 to Improve Parking Lots and Lighting from the Hotel Tax Fund, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster Motion by Lisa Liggins to adopt resolution entitled 06-08-22-B Approval of Use of Economic Development Diversification and Community Development Funds for a Capital Contribution of $750,000 to Oneida Airport Hotel Corporation for Project ED22-003 with one (1) noted change [1) change “donation” to “capital contribution” throughout the document], seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 5 of 9 June 08, 2022 Public Packet 17 of 551 DRAFT G. Consider request for use of Economic Development Diversification and Community Development funds for a donation of $17,637.23 to Oneida Youth Leadership Institute Fund for the Community Lacrosse Program Project ED22-002 (01:13:00) Sponsor: Rae Skenandore, Budget Analyst Motion by David P. Jordan to adopt resolution entitled 06-08-22-C Approval of Use of Economic Development Diversification and Community Development Funds for a Donation of $17,637.23 to Oneida Youth Leadership Institute Fund for the Community Lacrosse Program Project ED22-002, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster H. Approve BC Special Project fund request in the amount of $4,604.34, for a community meal in regards to the disinterment of two Oneida children from Carlisle, Pennsylvania Cemetery (01:22:27) Sponsor: Kirby Metoxen, Councilman Treasurer Tina Danforth left at 2:26 p.m. Motion by Lisa Liggins to approve the funding request up to the amount of $6,000 for a community meal related to the disinterment of two Oneida children from Carlisle, Pennsylvania Cemetery from the BC Special Projects budget line, seconded by Marie Summers. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers Abstained: Kirby Metoxen Not Present: Tina Danforth, Daniel Guzman King, Jennifer Webster X. GENERAL TRIBAL COUNCIL A. Approve the notice and meeting materials for the tentatively scheduled July 19, 2022, semi-annual General Tribal Council meeting (01:28:47) Sponsor: Lisa Liggins, Secretary Treasurer Tina Danforth returned at 2:33 p.m. Councilman Kirby Metoxen left at 2:51 p.m. Councilman Kirby Metoxen returned at 2:53 p.m. Motion by Lisa Liggins to approve the notice and meeting materials for the tentatively scheduled July 19, 2022, semi-annual General Tribal Council meeting with five (5) noted changes [1) deletion of page 243 in its entirety; 2) on page 266, the amendment to the chart as discussed to include the best case scenario if everyone attends; 3) on page 267, deleting lines 145 and 146; 4) on page 268, deleting lines 162 and 163; and 5) remove any references to the changing of the stipend, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Abstained: Tina Danforth Not Present: Daniel Guzman King, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 6 of 9 June 08, 2022 Public Packet 18 of 551 DRAFT B. Schedule a special General Tribal Council meeting to address three (3) pending petitions and approve the meeting materials and notice (02:06:32) Sponsor: Lisa Liggins, Secretary Motion by Marie Summers to schedule a special General Tribal Council meeting on August 30, 2022, to address the three (3) pending petitions and approve the meeting materials and notice, seconded by Lisa Liggins. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster C. Schedule a special General Tribal Council meeting to address FY-2023 budget (02:09:29) Sponsor: Lisa Liggins, Secretary Motion by Kirby Metoxen to schedule a special General Tribal Council meeting to address FY-2023 budget on September 25, 2022, at 10:00 a.m. Motion failed due to lack of support. Motion by Lisa Liggins to schedule a special General Tribal Council meeting to address FY-2023 budget on Monday, September 26, 2022, at 6:00 p.m., seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens Opposed: Kirby Metoxen Abstained: Marie Summers Not Present: Daniel Guzman King, Jennifer Webster For the record: Councilman Kirby Metoxen stated I opposed because I wanted Sunday, September 25th at 10:00 a.m. For the record: Councilwoman Marie Summers stated I don’t know why we are proposing Sunday dates if they are not going to support them. XI. EXECUTIVE SESSION A. REPORTS 1. Accept the Chief Counsel report (02:19:39) Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Liggins to accept the Chief Counsel report, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster 2. Accept the General Manager report (02:20:00) Sponsor: Mark W. Powless, General Manager Motion by Lisa Liggins to accept the General Manager report, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 7 of 9 June 08, 2022 Public Packet 19 of 551 DRAFT B. AUDIT COMMITTEE 1. Accept the Bingo compliance audit and lift the confidentiality requirement (02:20:12) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to accept the Bingo compliance audit and lift the confidentiality requirement, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster 2. Accept the Controlled Keys compliance audit and lift the confidentiality requirement (02:20:29) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to accept the Controlled Keys compliance audit and lift the confidentiality requirement, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster 3. Accept the BC Members Credit Card Activity operational audit and lift the confidentiality requirement (02:20:42) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to accept the BC Members Credit Card Activity operational audit and lift the confidentiality requirement, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster 4. Accept the Oneida Recreation performance assurance audit and lift the confidentiality requirement (02:20:58) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to accept the Oneida Recreation performance assurance audit and lift the confidentiality requirement, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster 5. Accept the April 21, 2022, regular Audit Committee meeting minutes (02:21:15) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to accept the April 21, 2022, regular Audit Committee meeting minutes, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 8 of 9 June 08, 2022 Public Packet 20 of 551 DRAFT C. NEW BUSINESS 1. Determine next steps regarding the Gaming wage chart (02:21:29) Sponsor: Louise Cornelius, Gaming General Manager Motion by Lisa Liggins to approve the application of the Nation's wage chart to the Gaming operations effective with the June 19, 2022 payroll period and the following implementation adjustments: nonexempt employees that are in Grades 1-4 (including Dealers) will at least receive $0.25 an hour increase; if the employee is above 75% placement in grade, they will not receive an increase in hourly pay but will instead receive a lump sum payment of up to $520, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, David P. Jordan, Kirby Metoxen, Brandon Stevens, Marie Summers Abstained: Lisa Liggins Not Present: Daniel Guzman King, Jennifer Webster 2. Deliberations regarding pardon application - Douglas J. Haven (02:22:30) Sponsor: Eric Boulanger, Chair/Pardon and Forgiveness Screening Committee Motion by Lisa Liggins to accept the recommendation of the Pardon and Forgiveness Screening Committee and adopt resolution 06-08-22-D Regarding Forgiveness of Douglas J. Haven and to move the resolution to open session, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster 3. Approve attorney contract - Legislative Reference Office - file # 2022-0389 (02:23:24) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to approve attorney contract - Legislative Reference Office - file # 2022-0389, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster XII. ADJOURN (02:23:40) Motion by David P. Jordan to adjourn at 3:25 p.m., seconded by Brandon Stevens. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Not Present: Daniel Guzman King, Jennifer Webster Minutes prepared by Aliskwet Ellis, Information Management Specialist. Minutes approved as presented on . Lisa Liggins, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 9 of 9 June 08, 2022 Public Packet 21 of 551 Approve the June 14, 2022, emergency Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 07/13/22 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 22 of 551 DRAFT Oneida Business Committee Emergency Meeting 11:00 AM Tuesday, June 14, 2022 Virtual Meeting – Microsoft Teams1 Minutes EMERGENCY MEETING Present: Chairman Tehassi Hill, Secretary Lisa Liggins, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster; Not Present: n/a Arrived at: Vice-Chairman Brandon Stevens arrived at 11:03 a.m., Treasurer Tina Danforth arrived at 11:06 a.m.; Others present: Jo Anne House, Larry Barton, Melinda J. Danforth, Todd VanDen Heuvel, Kaylynn Gresham, Katsitsiyo Danforth, Danelle Wilson, Rhiannon Metoxen, Kristal Hill, Rae Skenandore, Amy Spears, Justin Nishimoto, Clorissa Santiago, Grace Elliott, Carolyn Salutz, Lisa Summers, Chad Fuss, Carol Silva, Debra Danforth, Michelle Myers, Nathan Wisneski, Barbara Webster, Laura Laitinen-Warren, Mike Debraska, Aliskwet Ellis; I. CALL TO ORDER Meeting called to order by Chairman Tehassi Hill at 11:01 a.m. II. OPENING (00:00:54) Opening provided by Councilman Kirby Metoxen. III. ADOPT THE AGENDA (00:01:15) Vice-Chairman Brandon Stevens arrived at 11:03 a.m. Motion by Jennifer Webster to adopt the agenda as presented, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth 1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file sharing, and video meetings. Oneida Business Committee Emergency Meeting Minutes Page 1 of 3 June 14, 2022 Public Packet 23 of 551 DRAFT IV. GENERAL TRIBAL COUNCIL A. Cancel the special General Tribal Council meeting tentatively scheduled on June 21, 2022 (00:02:23) Sponsor: Tehassi Hill, Chairman Treasurer Tina Danforth arrived 11:06 a.m. Motion by Kirby Metoxen to cancel the special General Tribal Council meeting tentatively scheduled on June 21, 2022, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Tina Danforth For the record: Treasurer Tina Danforth stated I am abstaining because we don't have a chairman present, we don't have a vice-chairman present, we don't have a quorum present, I shouldn't even be voting. This is my perspective. This is my opinion. This is what I believe. This is what I am elected to do - is express my opinion and vote accordingly to my opinion, to my understanding, to my evaluation of what is being asked of me. For the record: Councilwoman Jennifer Webster stated that it's unfortunate that there's accusations that this is not a legitimate BC meeting. It's unfortunate that we have to deal with that. We were all elected to protect our community and part of that protection is, you know, we have to err on the side of caution so, that is my reason for cancelling the GTC meeting. We were elected to help protect our community. Thank you. For the record: Secretary Lisa Liggins stated I appreciate and thank Tina for her perspective on this matter of this emergency virtual BC meeting today. However, I do disagree. I believe that this meeting is authorized in accordance with the position descriptions for the BC Officers and council people adopted by GTC in 1990, as well as the BC standard operating procedure regarding virtual meetings adopted by the Business Committee November 24, 2020. Thank you. Motion by Lisa Liggins to direct the BC Area Manager, Chief Counsel or designee, Chief Financial Officer or designee, Security Director or designee, Emergency Management Director or designee, General Manager or designee, Councilman David P. Jordan, and Councilwoman Marie Summers to work together to bring back a proposal for an outdoor General Tribal Council meeting with a preliminary report by the second Business Committee meeting in July, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Tina Danforth For the record: Treasurer Tina Danforth stated I am abstaining for the same reasons I cited before, that this is not a legitimate meeting. Oneida Business Committee Emergency Meeting Minutes Page 2 of 3 June 14, 2022 Public Packet 24 of 551 DRAFT B. Approve the revised notice and revised meeting materials for the tentatively scheduled July 19, 2022, semi-annual General Tribal Council meeting (00:40:32) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to approve the revised notice and revised meeting materials for the tentatively scheduled July 19, 2022, semi-annual General Tribal Council meeting, seconded by Lisa Liggins. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Tina Danforth For the record: Treasurer Tina Danforth stated I am abstaining for the same reasons as before. V. ADJOURN (00:52:17) Motion by Daniel Guzman King to adjourn at 11:53 a.m., seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Tina Danforth Minutes prepared by Aliskwet Ellis, Information Management Specialist. Minutes approved as presented on . Lisa Liggins, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Emergency Meeting Minutes Page 3 of 3 June 14, 2022 Public Packet 25 of 551 Adopt resolution entitled Adoption of the Elder Assistance Program Law Business Committee Agenda Request 1. Meeting Date Requested: 07/13/22 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☐ Accept as information; OR Adopt the resolution entitled, Adoption of the Elder Assistance Program Law 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☒ Other: Legislative Operating Committee, Oneida Trust Enrollments Department, Oneida Trust Enrollments ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions Committee, Oneida Business 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 26 of 551 6. Supporting Documents: ☐ Bylaws ☒ Fiscal Impact Statement ☐ Contract Document(s) ☒ Law ☐ Correspondence ☐ Legal Review ☐ Draft GTC Notice ☐ Minutes ☐ Draft GTC Packet ☐ MOU/MOA ☐ E-poll results/back-up ☐ Petition ☒ Other: Adoption Memo, Legislative Analysis ☐ 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. Santiago, LRO Senior Staff Attorney Revised: 11/15/2021 Page 2 of 2 Public Packet 27 of 551 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov TO: FROM: DATE: RE: Oneida Business Committee David P. Jordan, LOC Chairperson July 13, 2022 Adoption of the Elder Assistance Program Law Please find the following attached backup documentation for your consideration of the adoption of the Elder Assistance Program law: 1. 2. 3. 4. 5. Resolution: Adoption of the Elder Assistance Program Law Statement of Effect: Adoption of the Elder Assistance Program Law Elder Assistance Program Law Legislative Analysis Elder Assistance Program Law Elder Assistance Program Law Fiscal Impact Statement Overview On November 3, 2021, the Legislative Operating Committee added the Elder Assistance Program law to its Active Files List. The purpose of the Elder Assistance Program law is to establish the Elder Assistance Program to govern how the Nation provides financial assistance to elders, pursuant to the Oneida General Welfare law. [10 O.C. 1002.1-1]. ]. It is the policy of the Nation to prioritize the general welfare needs of its elders and recognize that its elders possess unique and irreplaceable stores of knowledge, skill, culture, and experience that enhance and enrich the lives of every member of the Nation. [10 O.C. 1002.1-2]. The interests of the Nation are advanced when its elders remain confident that their general welfare needs can be met. This resolution adopts the Elder Assistance Program law which will:  Establish the Elder Assistance Program as an approved program of the Nation in accordance with the Oneida General Welfare law. [10 O.C. 1002.4-1].  Provide how this program qualifies for general welfare exclusion. [10 O.C. 1002.4-2].  Provide the eligibility requirements for accessing assistance from the Elder Assistance Program – which is that a person is a member of the Nation, age sixty-five (65) or older, and submits a completed application during the designated submission timeframe. [10 O.C. 1002.5-1].  Provide the minimum requirements for the information that must be included on the application. [10 O.C. 1002.5-3].  Provide how and when funds from the Elder Assistance Program are disbursed [10 O.C. 1002.5-2, 1002.5-4].  Provide for the types of expenses that shall be considered qualifying expenditures for use of assistance from Elder Assistance Program by the recipient. [10 O.C. 1002.5-5].  Provide information on the funding source and who determines that amount of available funding to an eligible participant. [10 O.C. 1002.6-1, 1002.6-2]. Page 1 of 2 Public Packet  28 of 551 Provide that the Trust Enrollment Department is the department that has the responsibilities to administer the Elder Assistance Program. [10 O.C. 1002.5-6, 1002.5-7]. The Legislative Operating Committee developed the Elder Assistance Program law through collaboration with representatives from the Oneida Law Office, Oneida Business Committee, Finance Administration, Trust Enrollment Department, Oneida Trust Enrollment Committee, Governmental Administrative Office, and the Intergovernmental Affairs and Communications. The Legislative Operating Committee held ten (10) work meetings on the development of the Elder Assistance Program law. In accordance with the Legislative Procedures Act, a public meeting on the proposed Elder Assistance Program law was held on May 18, 2022. Three (3) individuals provided oral comments during the public meeting. The public comment period was then held open until May 25, 2022. The Legislative Operating Committee received three (3) submissions of written comments during the public comment period. All public comments received were accepted, reviewed, and considered by the Legislative Operating Committee on June 1, 2022. Any changes made based on those comments have been incorporated into this draft. Requested Action Adopt the Resolution: Adoption of the Elder Assistance Program Law Page 2 of 2 Public Packet 29 of 551 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Oneida, WI 54155 BC Resolution # _____________ Adoption of the Elder Assistance Program Law 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 purpose of the Elder Assistance Program law (“the Law”) is to establish the Elder Assistance Program to govern how the Nation provides financial assistance to elders, pursuant to the Oneida General Welfare law; and WHEREAS, it is the policy of the Nation to prioritize the general welfare needs of its elders and recognize that its elders possess unique and irreplaceable stores of knowledge, skill, culture, and experience that enhance and enrich the lives of every member of the Nation; and WHEREAS, the interests of the Nation are advanced when its elders remain confident that their general welfare needs can be met; and WHEREAS, the Law establishes the Elder Assistance Program as an approved program of the Nation in accordance with the Oneida General Welfare law; and WHEREAS, the Law provides how this program qualifies for general welfare exclusion; and WHEREAS, the Law provides the eligibility requirements for accessing assistance from the Elder Assistance Program – which is that a person is a member of the Nation, age sixty-five (65) or older, and submits a completed application during the designated submission timeframe; and WHEREAS, the Law provides the minimum requirements for the information that must be included on the application; and WHEREAS, the Law provides how and when funds from the Elder Assistance Program are disbursed; and WHEREAS, the Law provides for the types of expenses that shall be considered qualifying expenditures for use of assistance from Elder Assistance Program by the recipient; and WHEREAS, the Law provides information on the funding source and who determines that amount of available funding to an eligible participant; and Public Packet 30 of 551 BC Resolution # _______ Adoption of the Elder Assistance Program Law Page 2 of 2 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 WHEREAS, the Law provides that the Trust Enrollment Department is the department that has the responsibilities to administer the Elder Assistance Program; and WHEREAS, in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact statement were developed for this Law; and WHEREAS, a public meeting on this proposed Law was held on May 18, 2022, and the public comment period was held open until May 25, 2022; and WHEREAS, the Legislative Operating Committee accepted, reviewed, and considered all public comments received on June 1, 2022; and NOW THEREFORE BE IT RESOLVED, that the Elder Assistance Program law is hereby adopted and shall be effective immediately. Public Packet 31 of 551 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Adoption of the Elder Assistance Program Law Summary This resolution adopts the Elder Assistance Program law. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: July 1, 2022 Analysis by the Legislative Reference Office This resolution adopts the Elder Assistance Program law. The purpose of the Elder Assistance Program law is to establish the Elder Assistance Program to govern how the Nation provides financial assistance to elders, pursuant to the Oneida General Welfare law. [10 O.C. 1002.1-1]. It is the policy of the Nation to prioritize the general welfare needs of its elders and recognize that its elders possess unique and irreplaceable stores of knowledge, skill, culture, and experience that enhance and enrich the lives of every member of the Nation. [10 O.C. 1002.1-2]. The interests of the Nation are advanced when its elders remain confident that their general welfare needs can be met. This resolution adopts the Elder Assistance Program law which will:  Establish the Elder Assistance Program as an approved program of the Nation in accordance with the Oneida General Welfare law. [10 O.C. 1002.4-1].  Provide how this program qualifies for general welfare exclusion. [10 O.C. 1002.4-2].  Provide the eligibility requirements for accessing assistance from the Elder Assistance Program – which is that a person is a member of the Nation, age sixty-five (65) or older, and submits a completed application during the designated submission timeframe. [10 O.C. 1002.5-1].  Provide the minimum requirements for the information that must be included on the application. [10 O.C. 1002.5-3].  Provide how and when funds from the Elder Assistance Program are disbursed [10 O.C. 1002.5-2, 1002.5-4].  Provide for the types of expenses that shall be considered qualifying expenditures for use of assistance from Elder Assistance Program by the recipient. [10 O.C. 1002.5-5].  Provide information on the funding source and who determines that amount of available funding to an eligible participant. [10 O.C. 1002.6-1, 1002.6-2].  Provide that the Trust Enrollment Department is the department that has the responsibilities to administer the Elder Assistance Program. [10 O.C. 1002.5-6, 1002.5-7]. 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 Elder Assistance Program law complied with all processes and procedures required by the LPA, including the development of a legislative analysis, a fiscal analysis, and the Page 1 of 2 Public Packet 32 of 551 opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8]. A public meeting on the proposed Elder Assistance Program law was held on May 18, 2022. Three (3) individuals provided oral comments during the public meeting. The public comment period was then held open until May 25, 2022. The Legislative Operating Committee received three (3) submissions of written comments during the public comment period. All public comments received were accepted, reviewed, and considered by the Legislative Operating Committee on June 1, 2022. Any changes made based on those comments have been incorporated into this draft. The Elder Assistance Program law will become effective immediately upon adoption by the Oneida Business Committee on July 13, 2022, in accordance with the LPA. [1 O.C. 109.9-3]. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 33 of 551 Analysis to Draft 3 for OBC Consideration 2022 07 13 ELDER ASSISTANCE PROGRAM LAW LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Analysis by the Legislative Reference Office Intent of the Proposed Law         Purpose Affected Entities Related Legislation Public Meeting Fiscal Impact 1 2 3 4 5 6 7 8 Establish the Elder Assistance Program as an approved program of the Nation in accordance with the Oneida General Welfare law. [10 O.C. 1002.4-1]. Provide how this program qualifies for general welfare exclusion. [10 O.C. 1002.4-2]. Provide the eligibility requirements for accessing assistance from the Elder Assistance Program – which is that a person is a member of the Nation, age sixty-five (65) or older, and submits a completed application during the designated submission timeframe. [10 O.C. 1002.5-1]. Provide the minimum requirements for the information that must be included on the application. [10 O.C. 1002.5-3]. Provide how and when funds from the Elder Assistance Program are disbursed [10 O.C. 1002.5-2, 1002.5-4]. Provide for the types of expenses that shall be considered qualifying expenditures for use of assistance from Elder Assistance Program by the recipient. [10 O.C. 1002.5-5]. Provide information on the funding source and who determines that amount of available funding to an eligible participant. [10 O.C. 1002.6-1, 1002.6-2]. Provide that the Trust Enrollment Department is the department that has the responsibilities to administer the Elder Assistance Program. [10 O.C. 1002.5- 6, 1002.5-7]. The purpose of this law is to establish the Elder Assistance Program to govern how the Nation provides financial assistance to elders, pursuant to the principles of General Welfare Exclusion. [10 O.C. 1002.1-1]. Oneida Business Committee, Oneida Trust Enrollment Department, the Nation’s Elders Oneida General Welfare Law A public meeting was held in accordance with the Legislative Procedures Act on May 18, 2022, with a public comment period held open until May 25, 2022. A fiscal impact statement prepared in accordance with the Legislative Procedures Act was provided by the Finance Department on July 1, 2022. SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Elder Assistance Program law (“the Law”) will be a new law adopted by the Nation for the purpose of establishing the Elder Assistance Program to govern how the Nation provides financial assistance to elders, pursuant to the principles of General Welfare Exclusion. [10 O.C. 1002.11]. The request to develop an Elder Assistance Program Law came from Councilman David P. Jordan based on a recommendation from the Chief Financial Officer during the October 20, 2021, LOC meeting. This request asked the LOC to consider developing a new law to establish an approved program under the Oneida General Welfare law which transitions the Nation’s Elderly 65+ Per Capita Public Packet 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 45 46 47 48 49 50 51 52 34 of 551 Analysis to Draft 3 for OBC Consideration 2022 07 13 Payment Distribution Fund, from being utilized for per capita payments to being utilized for general welfare assistance payments for elders. SECTION 3. CONSULTATION AND OUTREACH A. The following departments within the Nation participated in the development of this Law and legislative analysis:  Oneida Law Office;  Oneida Business Committee;  Finance Administration;  Trust Enrollment Department;  Oneida Trust Enrollment Committee;  Governmental Administrative Office; and  Intergovernmental Affairs and Communications. SECTION 4. PROCESS A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).  On November 3, 2021, the Legislative Operating Committee added this Law to its Active Files List.  On March 16, 2022, the Legislative Operating Committee approved the draft of this Law and directed that a legislative analysis be developed.  On April 20, 2022, the Legislative Operating Committee approved the legislative analysis and the public meeting packet and forwarded the Law to a public meeting to be held on May 18, 2022.  The public meeting was held on May 18, 2022, in person in the Norbert Hill Center and on Microsoft Teams. Three (3) individuals provided public comment during the public meeting.  The public comment period was held open until May 25, 2022. Three (3) submissions of written comments were received during the public comment period.  On June 1, 2022, the Legislative Operating Committee accepted the public comments and the public comment review memorandum and deferred these items to a work meeting for further consideration.  On June 1, 2022, the Legislative Operating Committee reviewed and considered all the public comments received.  On June 15, 2022, the Legislative Operating Committee approved the updated public comment review memorandum [with noted change], draft, legislative analysis, and fiscal impact statement request memorandum, and forwarded these materials to the Finance Department directing that a fiscal impact statement be prepared and submitted to the Legislative Operating Committee by July 14, 2022.  The Finance Department provided the fiscal impact statement for the proposed Elder Assistance Program law on July 1, 2022. B. At the time this legislative analysis was developed the following work meetings had been held regarding the development of this Law:  January 13, 2022: LOC work meeting.  January 19, 2022: LOC work meeting with the Oneida Law Office, Finance Administration, and the Trust Enrollment Department. Public Packet 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 35 of 551 Analysis to Draft 3 for OBC Consideration 2022 07 13         February 16, 2022: LOC work meeting. February 22, 2022: Work meeting with Oneida Law Office. February 25, 2022: LOC work meeting. March 10, 2022: LOC work meeting. March 29, 2022: Joint Oneida Business Committee and Oneida Trust Enrollment Committee Meeting. April 14, 2022: LOC work meeting. June 1, 2022: LOC work meeting. July 1, 2022: LOC work meeting with Finance Administration, Trust Enrollment Department, Intergovernmental Affairs and Communications, and Governmental Administrative Office. SECTION 5. CONTENTS OF THE LEGISLATION A. Purpose and Policy. The purpose of this Law is to establish the Elder Assistance Program to govern how the Nation provides financial assistance to elders, pursuant to the Oneida General Welfare law. [10 O.C. 1002.1-1]. It is the policy of the Nation to prioritize the general welfare needs of its elders. The Nation recognizes that its elders process unique and irreplaceable stores of knowledge, skill, culture, and experience that enhance and enrich the lives of every member of the Nation. The interests of the Nation are advanced when its elders remain confident that their general welfare needs can be met. [10 O.C. 1002.1-2]. B. Establishment. The Elder Assistance Program is hereby established as an approved program of the Nation in accordance with the Oneida General Welfare Law. The Elder Assistance Program meets the requirements of the General Test as defined in the Oneida General Welfare law; General Criteria as defined in I.R.S. Rev. Proc. 2014-35, section 5; and the requirements of the Tribal General Welfare Exclusion Act of 2014 26 U.S.C. §139E(b). [10 O.C. 1002.4-1]. C. Guidelines and Requirements. The Law provides guidelines and requirements for the Elder Assistance Program. The Elder Assistance Program shall be open to any individuals who meet the following criteria: is a member of the Nation; is age sixty-five (65) or older; and submits a completed application during the designated submission timeframe [10 O.C. 1002.5-1]. The Oneida Business Committee shall set forth. through the adoption of a resolution. an application submission period and disbursement timeframe for a distribution of assistance from the Elder Assistance Program. [10 O.C. 1002.5-2]. Any individual seeking assistance from the Elder Assistance Program shall submit an application. [10 O.C. 1002.5-3]. The Trust Enrollment Department shall make available an Elder Assistance Program application form and instructions. [10 O.C. 1002.5-3(a)]. The Law provides the minimum information that is required to be provided on the application. [10 O.C. 1003.5-2(a)(1)(A)-(I)]. Assistance provided through the Elder Assistance Program application shall be disbursed in accordance with the timeframe set through resolution by the Oneida Business Committee. [10 O.C. 1003.5-4]. Funds from the Elder Assistance Program may be disbursed through direct deposit, or check, depending on the selection made on the application by the recipient. [10 O.C. 1002.5-4]. D. Qualifying Expenditures. The following types of expenses shall be considered qualifying expenditures for use of assistance from the Elder Assistance Program by the recipient:  costs relating to housing needs of principal residences such as:  mortgage payments, rent payments, and down payments;  enhancements for habitability of housing;  basic housing repairs or rehabilitation; Public Packet 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 36 of 551 Analysis to Draft 3 for OBC Consideration 2022 07 13  improvements to adapt housing for special health needs;  costs for paying utility bills and charges, including, but not limited to, the following:  water;  electricity;  gas;  basic communication services such as:  phone  internet; and  cable;  costs associated with food security;  costs associated with home care assistance;  costs associated with vehicle payments, maintenance, repair, and insurance;  costs associated with medical care and transportation, room, and board costs for seeking medical care;  funeral and burial expenses and expenses for attending wakes, funerals, burials, bereavements, and subsequent honoring events; and  costs related to any other emergency circumstance [10 O.C. 1002.5-5]. E. Oversight and Records Maintenance. The Trust Enrollment Department shall oversee the collection, review, and permitted distribution of funds from the Elder Assistance Program to the qualifying recipients and shall be responsible for maintenance of records for the Elder Assistance Program [10 O.C. 1002.5-6; 10 O.C. 1002.5-7]. The recipient shall retain receipts for the expenditure of the funds associated with the Elder Assistance Program. [10 O.C. 1002.5-7]. F. Funding. The Elder Assistance program shall be funded through the Elder, Education and General Welfare Trust Fund, which is derived from the Emigrant NY Indian Claims Award 75 Trust Fund. [10 O.C. 1002.6-1]. The Oneida Business Committee may obligate additional funding to the Elder Assistance Program through any other funding source deemed necessary by the Oneida Business Committee. Id. Use of the Elder Assistance Program is contingent upon available funding from the Elder, Education and General Welfare Trust Fund. Id. The Oneida Trust Enrollment Committee shall determine the amount of assistance available to an eligible recipient from the Elder Assistance Program per any permitted distribution. [10 O.C. 1002.6-2]. SECTION 6. RELATED LEGISLATION A. Related Legislation. The following laws of the Nation are related to this Law:  Oneida General Welfare Law. The Oneida General Welfare Law governs how the Nation provides assistance to eligible members on a non-taxable basis, pursuant to the principles of the General Welfare Exclusion to Indian Tribal governmental programs that provide benefits to Tribal members. [10 O.C. 1001.1-1].  The Elder Assistance Program is hereby established as an approved program of the Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1002.4-1]. The Elder Assistance Program meets the requirements of the General Test as defined in the Oneida General Welfare Law. [10 O.C. 1002.4-2]. SECTION 7. OTHER CONSIDERATIONS A. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts. Public Packet 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 37 of 551 Analysis to Draft 3 for OBC Consideration 2022 07 13 a. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except emergency legislation. [1 O.C. 109.6-1]. i. A fiscal impact statement shall be submitted by agencies as directed by the Legislative Operating Committee. [1 O.C. 109.6-1]. ii. Fiscal Impact statements may be prepared by any agency who may receive funding if the legislation is enacted, any agency who may administer a program if the legislation is enacted, any agency who may have financial information concerning the subject matter of the legislation, or by the Finance Office, upon request of the Legislative Operating Committee. [1 O.C. 109.6-1(a) and (b)]. iii. Oneida Business Committee resolution BC-10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,” provides further clarification on who the Legislative Operating Committee may direct complete a fiscal impact statement at various stages of the legislative process, as well as timeframes for completing the fiscal impact statement. b. Conclusion. The Legislative Operating Committee received a fiscal impact statement from the Finance Department on July 1, 2022. Public Packet 1002.1. Purpose and Policy 1002.2. Adoption, Amendment, Repeal 1002.3. Definitions 1002.4. Establishment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 38 of 551 Draft 3 for OBC Consideration 2022 07 13 Title 10. General Welfare Exclusion - Chapter 1002 ELDER ASSISTANCE PROGRAM 1002.5. Guidelines and Requirements 1002.6. Funding 1002.1. Purpose and Policy 1002.1-1. Purpose. The purpose of this law is to establish the Elder Assistance Program to govern how the Nation provides financial assistance to elders, pursuant to the Oneida General Welfare law. 1002.1-2. Policy. It is the policy of the Nation to prioritize the general welfare needs of its elders. The Nation recognizes that its elders possess unique and irreplaceable stores of knowledge, skill, culture, and experience that enhance and enrich the lives of every member of the Nation. The interests of the Nation are advanced when its elders remain confident that their general welfare needs can be met. 1002.2. Adoption, Amendment, Repeal 1002.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____. 1002.2-2. This law may be amended or repealed by the Oneida Business Committee or the General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 1002.2-3. 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. 1002.2-4. 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. 1002.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 1002.3. Definitions 1002.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) "Approved program" means any program(s) to provide general welfare assistance that is intended to qualify as a General Welfare Exclusion, administered under specific guidelines, and is adopted by the Oneida Business Committee through resolution or law of the Nation in accordance with the Oneida General Welfare law. (b) "Assistance" means benefits or payments under an approved program, which are paid to or on behalf of a recipient pursuant to this law. Assistance provided under an approved program shall not be considered income of the recipient. (c) “Lavish” or “Extravagant” shall have the meaning determined by the Oneida Business Committee in its discretion and based on the circumstances, taking into account needs unique to the Nation as well as the social purpose being served by the particular assistance at hand, except as otherwise may be required for compliance with final guidance issued under 26 U.S.C. §139E following consultation between the Nation and the federal government. (e) "Member" means an individual who is an enrolled member of the Nation. (f) “Nation” means the Oneida Nation. (g) “Recipient” means any member entitled to receive assistance in accordance with 10 O.C. 1002 – Page 1 Public Packet 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 39 of 551 approved program requirements. 1002.4. Establishment 1002.4-1. Establishment. The Elder Assistance Program is hereby established as an approved program of the Nation in accordance with the Oneida General Welfare law. The purpose of the Elder Assistance Program is to provide financial assistance to elders of the Nation to address the unique and compounding general welfare needs of elders. 1002.4-2. General Welfare Exclusion. The Elder Assistance Program meets the requirements of the General Test as defined in the Oneida General Welfare law; General Criteria as defined in I.R.S. Rev. Proc. 2014-35, section 5; and the requirements of the Tribal General Welfare Exclusion Act of 2014, 26 U.S.C. §139E(b). The assistance provided through the Elder Assistance Program is: (a) paid on behalf of the Nation; (b) pursuant to an approved program of the Nation; (c) does not discriminate in favor of members of the governing body of the Nation; (d) available to any eligible member of the Nation who meets the guidelines of the approved program; (e) provided for the promotion of general welfare; (f) not lavish or extravagant; (g) not compensation for services; and (h) not a per capita payment. 1002.5. Guidelines and Requirements 1002.5-1. Eligibility. The Elder Assistance Program shall be open to any individual who meets the following criteria: (a) is a member of the Nation; (b) is age sixty-five (65) or older; and (c) submits a completed application during the designated submission timeframe. 1002.5-2. Distribution Period. The Oneida Business Committee, in consultation with the Oneida Trust Enrollment Committee, shall set forth through the adoption of a resolution an application submission period and disbursement timeframe for a distribution of assistance from the Elder Assistance Program. 1002.5-3. Application for Funds. Any individual seeking assistance from the Elder Assistance Program shall submit an application. (a) The Trust Enrollment Department shall make available an Elder Assistance Program application form and instructions. (1) The application shall require, at a minimum, the following information: (A) first, middle, and last name; (B) date of birth; (C) street address, city, state, zip code; (D) phone number; (E) e-mail address; (F) enrollment number; (G) bank account information for direct deposit if necessary; (H) declaration from the applicant that their need exists, and all information provided therein is accurate and in accordance with the laws of the Nation 10 O.C. 1002 – Page 2 Public Packet 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 40 of 551 and federal law; and (I) signature of the applicant, electronic or handwritten, affirming the declaration. (2) On the application the applicant shall designate the means by which they would like to receive their disbursement of funds from the Elder Assistance Program, either through direct deposit or check. (b) Applicants shall complete and return the Elder Assistance Program application form to the Trust Enrollment Department by the deadline set through resolution by the Oneida Business Committee in order to be eligible for assistance from the Elder Assistance Program. (1) The information provided in the Elder Assistance Program application form may be provided to any department, division, or personnel that processes the applications. 1002.5-4. Disbursement of Funds. Assistance provided through the Elder Assistance Program shall be disbursed in accordance with the timeframe set through resolution by the Oneida Business Committee. Funds from the Elder Assistance Program may be disbursed through direct deposit, or check, depending on the selection made on the application by the recipient. 1002.5-5. Qualifying Expenditures. The following types of expenses shall be considered qualifying expenditures for use of assistance from the Elder Assistance Program by the recipient: (a) costs relating to housing needs of principal residences such as: (1) mortgage payments, rent payments, and down payments; (2) enhancements for habitability of housing; (3) basic housing repairs or rehabilitation; (4) improvements to adapt housing for special health needs; (b) costs for paying utility bills and charges, including, but not limited to, the following: (1) water; (2) electricity; (3) gas; (4) basic communication services such as: (A) phone; (B) internet; and (C) cable; (c) costs associated with food security; (d) costs associated with home care assistance; (e) costs associated with vehicle payments, maintenance, repair, and insurance; (f) costs associated with medical care and transportation, room, and board costs for seeking medical care; (g) funeral and burial expenses and expenses for attending wakes, funerals, burials, bereavements, and subsequent honoring events; and (h) costs related to any other emergency circumstance. 1002.5-6. Oversight. The Trust Enrollment Department shall oversee the collection, review, and permitted distribution of funds from the Elder Assistance Program to the qualifying recipients. 1002.5-7. Records Maintenance. The Trust Enrollment Department shall be responsible for maintenance of records for the Elder Assistance Program. The recipient shall retain receipts for the expenditure of the funds associated with the Elder Assistance Program. 10 O.C. 1002 – Page 3 Public Packet 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 41 of 551 1002.6. Funding 1002.6-1. Funding Source. The Elder Assistance Program shall be funded through the Elder, Education and General Welfare Trust Fund, which is derived from the Emigrant NY Indian Claims Award Docket 75 Trust Fund. The Oneida Business Committee may obligate additional funding to the Elder Assistance Program through any other funding source deemed necessary by the Oneida Business Committee. Use of the Elder Assistance Program is contingent upon available funding from the Elder, Education and General Welfare Trust Fund. 1002.6-2. Amount of Available Funding. The Oneida Trust Enrollment Committee shall determine the amount of assistance available to an eligible recipient from the Elder Assistance Program per any permitted distribution. End. Adopted – BC-__-__-__-__ 10 O.C. 1002 – Page 4 Public Packet FINANCE ADMINISTRATION Fiscal Impact Statement 42 of 551 MEMORANDUM TO: Lawrence Barton, Chief Financial Officer FROM: RaLinda Ninham-Lamberies, Assistant Chief Financial Officer DATE: July 1, 2022 RE: Fiscal Impact of the Oneida Elder Assistance Law I. Estimated Fiscal Impact Summary Law: Curfew Law Oneida Business Committee Oneida Elders Implementing Agency Finance Administration Oneida Trust and Enrollments Estimated time to comply Upon adoption of the Law Estimated Impact Current Fiscal Year 10 Year Estimate Savings $367,930.50 to Savings $3,679,305 to the eligible Total Estimated Fiscal Impact the eligible member member II. Background A. Legislative History This law would establish an Elder Assistance Program as an approved program of the Oneida General Welfare Law. The purpose of the law is to provide financial assistance to Oneida Elders pursuant to the principals of the General Welfare Exclusion. III. Methodology and Assumptions A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year financial effects associated with legislation and includes startup costs, personnel, office, documentation costs, as well as an estimate of the amount of time necessary for an agency to comply with the Law after implementation. 1 Public Packet 43 of 551 Finance does NOT identify the source of funding for the estimated cost or allocate any funds to the legislation. The analysis was completed based on the information provided as of the date of this memo. IV. Executive Summary of Findings • The Law will govern how the Oneida Nation provides assistance to eligible Oneida Elders on a non-tax reportable basis, pursuant to the principles of the General Welfare Exclusion Act of 2014 26 U.S.C. §139E(b). • The Oneida Elder Assistance Program meets the requirements of the General Test as defined in the Oneida General Welfare Law and requirements of the Tribal General Welfare Exclusion Act of 2014 26 U.S.C. §139E(b). • The Oneida Elders Assistance Program shall be open to any individuals who are an enrolled member of the Oneida Nation; is age sixty-five or older; and submits a completed application during the designated submission timeframe. • The Oneida Business Committee shall by adoption of a resolution set an application submission period and disbursement timeframe for a distribution of assistance from the Elder Assistance Program. • The Oneida Trust and Enrollment Department shall make an application form and instructions available to the eligible member. • Qualifying expenditures for use of assistance from the Oneida Elder Assistance Program shall include: o Costs relating to housing needs; o Costs for paying utility bills and charges; o Costs associated with food security; o Costs associated with home care assistance; o Costs associated with vehicle payments, maintenance, repair, and insurance; o Costs associated with medical care and transportation and room and board costs for seeking medical care; o Funeral and burial expenses and expenses for attending wakes, funerals, burials, bereavements, and subsequent honoring events; and o Cost related to any other emergency circumstance. 2 Public Packet • 44 of 551 The Oneida Elder Assistance Program shall be funded through the Oneida Elder, Education and General Welfare Trust Fund derived from the Emigrant NY Claims Award 75 Trust Fund. V. Agency There are no startup, personnel, office, or documentation costs associated with this legislation. The Law shall become effective upon adoption. VI. Financial Impact The Law has no direct increased fiscal impact for the Oneida Nation. The Law is funded by the investments held by Oneida Trust and Enrollments in the Elder, Education and General Welfare Trust Fund derived from the Emigrant NY Claims Award 75 Trust Fund. The fiscal impact to the individual eligible Oneida member is an annual savings on the voluntary Federal Tax withholding of $140.70. The total Membership count for 65+ is 2615 as of March 31, 2022. The estimated one-year fiscal impact on the total population of 2,615 eligible Oneida members is a savings of $367,930.50 for the voluntary Federal Tax withholding and a 10year fiscal impact to the total eligible Oneida member population of 2,615 is a total savings of $3.679,305 in voluntary Federal Tax withholdings. VII. Recommendation Finance Department does not make a recommendation regarding course of action in this matter. Rather, it is the purpose of this report to disclose potential financial impact of this legislation, so that the Oneida Business Committee and General Tribal Council has the information with which to render a decision. 3 Public Packet 45 of 551 Adopt resolution entitled Elder Assistance Program Application Submission Period and Disbursement... Business Committee Agenda Request 1. Meeting Date Requested: 07/13/22 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, Elder Assistance Program Application Submission Period and Disbursement Timeframe for 2022 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☒ Other: Legislative Operating Committee, Oneida Trust Enrollments Department, Oneida Trust Enrollments ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions Committee, Oneida Business 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 46 of 551 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. Santiago, LRO Senior Staff Attorney Revised: 11/15/2021 Page 2 of 2 Public Packet 47 of 551 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Oneida, WI 54155 BC Resolution # _____________ Elder Assistance Program Application Submission Period and Disbursement Timeframe for 2022 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 Elder Assistance Program law (“the Law”) established the Elder Assistance Program as an approved program in accordance with the Oneida General Welfare law to govern how the Nation provides financial assistance to elders, pursuant to the Oneida General Welfare law; and WHEREAS, it is the policy of the Nation to prioritize the general welfare needs of its elders and recognize that its elders possess unique and irreplaceable stores of knowledge, skill, culture, and experience that enhance and enrich the lives of every member of the Nation; and WHEREAS, the interests of the Nation are advanced when its elders remain confident that their general welfare needs can be met; and WHEREAS, the Law provides that the Oneida Business Committee, in consultation with the Oneida Trust Enrollment Committee, shall set forth through the adoption of a resolution an application submission period and disbursement timeframe for a distribution of assistance from the Elder Assistance Program; and WHEREAS, the Law provides that the Oneida Trust Enrollment Committee shall determine the amount of assistance available to an eligible recipient from the Elder Assistance Program per any permitted distribution; and Amount of Assistance for Disbursement NOW THEREFORE BE IT RESOLVED, in accordance with section 1002.6-2 of the Elder Assistance Program law, the Oneida Trust Enrollment Committee determined that for the 2022 disbursement the amount of assistance available to an eligible recipient from the Elder Assistance Program shall be seven hundred three dollars and fifty-four cents ($703.54). Application Submission Period and Disbursement Timeframe BE IT FURTHER RESOLVED, that in accordance with section 1002.5-2 of the Elder Assistance Program law, the application submission period for the 2022 disbursement of assistance from the Elder Assistance Program shall be from July 14, 2022, through September 7, 2022, with the disbursement of assistance to be made on or before September 30, 2022. Public Packet 48 of 551 BC Resolution # _______ Elder Assistance Program Application Submission Period and Disbursement Timeframe for 2022 Page 2 of 2 44 45 46 47 48 49 Late Application Submission Period and Disbursement Timeframe BE IT FINALLY RESOLVED, if an applicant does not submit an application for assistance from the Elder Assistance Program by September 7, 2022, the applicant shall be allowed to submit a late application for the 2022 disbursement of assistance from the Elder Assistance Program from September 8, 2022, through March 1, 2023, with the late disbursement of assistance to be made on or before March 30, 2023. Public Packet 49 of 551 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Elder Assistance Program Application Submission Period and Disbursement Timeframe for 2022 Summary This resolution sets forth the amount of assistance available for an applicant, as well as the application submission period and disbursement timeframe for the 2022 disbursement of assistance from the Elder Assistance Program. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: July 5, 2022 Analysis by the Legislative Reference Office The Elder Assistance Program law established the Elder Assistance Program to govern how the Nation provides financial assistance to elders, pursuant to the Oneida General Welfare law. [10 O.C. 1002.1-1]. It is the policy of the Nation to prioritize the general welfare needs of its elders and recognize that its elders possess unique and irreplaceable stores of knowledge, skill, culture, and experience that enhance and enrich the lives of every member of the Nation. [10 O.C. 1002.12]. The interests of the Nation are advanced when its elders remain confident that their general welfare needs can be met. Id. The Elder Assistance Program law provides that the Oneida Trust Enrollment Committee shall determine the amount of assistance available to an eligible recipient from the Elder Assistance Program per any permitted distribution. [10 O.C. 1002.6-2]. The Oneida Business Committee, in consultation with the Oneida Trust Enrollment Committee, is then responsible for setting forth, through the adoption of a resolution, an application submission period and disbursement timeframe for a distribution of assistance from the Elder Assistance Program. [10 O.C. 1002.5-2]. This resolution provides that in accordance with section 1002.6-2 of the Elder Assistance Program law, the Oneida Trust Enrollment Committee determined that for the 2022 disbursement the amount of assistance available to an eligible recipient from the Elder Assistance Program shall be seven hundred and three dollars and fifty-four cents ($703.54). Then, in accordance with section 1002.5-2 of the Elder Assistance Program law, the resolution provides that the application submission period for the 2022 disbursement of assistance from the Elder Assistance Program shall be from July 14, 2022, through September 7, 2022, with the disbursement of assistance to be made on or before September 30, 2022. Finally, this resolution addresses a secondary application submission period and disbursement timeframe for those individuals who are late and miss the first application deadline. This resolution provides that if an applicant does not submit an application for assistance from the Elder Assistance Program by September 7, 2022, the applicant shall be allowed to submit a late application for the 2022 disbursement of assistance from the Elder Assistance Program from September 8, 2022, Page 1 of 2 Public Packet 50 of 551 through March 1, 2023, with the late disbursement of assistance to be made on or before March 30, 2023. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 51 of 551 Adopt resolution entitled Oneida Nation Assistance Fund Application Submission Period and... Business Committee Agenda Request 1. Meeting Date Requested: 07/13/22 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, Oneida Nation Assistance Fund Application Submission Period and Disbursement Timeframe for 2022 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☒ Other: Legislative Operating Committee, Oneida Trust Enrollments ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions Department, Oneida Business 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 52 of 551 6. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: ☐ 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. Santiago, LRO Senior Staff Attorney Revised: 11/15/2021 Page 2 of 2 Public Packet 53 of 551 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Oneida, WI 54155 Oneida Nation Assistance Fund Application Submission Period and Disbursement Timeframe for 2022 WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Nation Assistance Fund law (“the Law”) established the Oneida Nation Assistance Fund as an approved program in accordance with the Oneida General Welfare law to govern how the Nation provides financial assistance to its members, pursuant to the Oneida General Welfare law; and WHEREAS, it is the policy of the Nation to prioritize the general welfare needs of its members and recognize that the interests of the Nation are advanced when its members remain confident that their general welfare needs can be met; and WHEREAS, the Law provides that the Oneida Business Committee shall set forth through the adoption of a resolution an application submission period and disbursement timeframe for a distribution of assistance from the Oneida Nation Assistance Fund; and WHEREAS, the Law provides that the Oneida Business Committee shall determine the amount of assistance available to an eligible recipient from the Oneida Nation Assistance Fund per any permitted distribution; and Amount of Assistance for Disbursement NOW THEREFORE BE IT RESOLVED, in accordance with section 1003.6-2 of the Oneida Nation Assistance Fund law, the Oneida Business Committee determined that for the 2022 disbursement the amount of assistance available to an eligible recipient from the Oneida Nation Assistance Fund shall be as follows: ▪ General Disbursement. A disbursement of assistance of one thousand three hundred dollars ($1300) is available to any eligible applicant. ▪ Additional Disbursement for Elders. An additional disbursement of assistance of two thousand dollars ($2000) is available to any eligible applicant who also meets the additional requirement of being age sixty-two (62) or older. Application Submission Period and Disbursement Timeframe BE IT FURTHER RESOLVED, that in accordance with section 1003.5-2 of the Oneida Nation Assistance Fund law, the application submission period for the 2022 disbursement of assistance from the Oneida Nation Assistance Fund shall be from July 14, 2022, through September 7, 2022, with the disbursement of assistance to be made on or before September 30, 2022. Public Packet 54 of 551 BC Resolution # _______ Oneida Nation Assistance Fund Application Submission Period and Disbursement Timeframe for 2022 Page 2 of 2 45 46 47 48 49 50 Late Application Submission Period and Disbursement Timeframe BE IT FINALLY RESOLVED, if an applicant does not submit an application for assistance from the Oneida Nation Assistance Fund by September 7, 2022, the applicant shall be allowed to submit a late application for the 2022 disbursement of assistance from the Oneida Nation Assistance Fund from September 8, 2022, through March 1, 2023, with the late disbursement of assistance to be made on or before March 30, 2023. Public Packet 55 of 551 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Oneida Nation Assistance Fund Application Submission Period and Disbursement Timeframe for 2022 Summary This resolution sets forth the amount of assistance available for an applicant, as well as the application submission period and disbursement timeframe for the 2022 disbursement of assistance from the Oneida Nation Assistance Fund. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: July 5, 2022 Analysis by the Legislative Reference Office The Oneida Nation Assistance Fund law established the Oneida Nation Assistance Fund to govern how the Nation provides financial assistance to its members, pursuant to the Oneida General Welfare law. [10 O.C. 1003.1-1]. It is the policy of the Nation to prioritize the general welfare needs of its members and recognize that the interests of the Nation are advanced when its members remain confident that their general welfare needs can be met. Id. [10 O.C. 1003.1-2]. The Oneida Nation Assistance Fund law provides that the Oneida Business Committee shall determine the amount of assistance available to an eligible recipient from the Oneida Nation Assistance Fund per any permitted distribution. [10 O.C. 1003.6-2]. The Oneida Business Committee is then responsible for setting forth, through the adoption of a resolution, an application submission period and disbursement timeframe for a distribution of assistance from the Oneida Nation Assistance Fund. [10 O.C. 1003.5-2]. This resolution provides that in accordance with section 1003.6-2 of the Oneida Nation Assistance Fund law, the Oneida Business Committee determined that for the 2022 disbursement the amount of assistance available to an eligible recipient from Oneida Nation Assistance Fund shall as follows: ▪ General Disbursement. A disbursement of assistance of one thousand three hundred dollars ($1300) is available to any eligible applicant. ▪ Additional Disbursement for Elders. An additional disbursement of assistance of two thousand dollars ($2000) is available to any eligible applicant who also meets the additional requirement of being age sixty-two (62) or older. Then, in accordance with section 1003.5-2 of the Oneida Nation Assistance Fund law, the resolution provides that the application submission period for the 2022 disbursement of assistance from the Oneida Nation Assistance Fund shall be from July 14, 2022, through September 7, 2022, with the disbursement of assistance to be made on or before September 30, 2022. Page 1 of 2 Public Packet 56 of 551 Finally, this resolution addresses a secondary application submission period and disbursement timeframe for those individuals who are late and miss the first application deadline. This resolution provides that if an applicant does not submit an application for assistance from the Oneida Nation Assistance Fund by September 7, 2022, the applicant shall be allowed to submit a late application for the 2022 disbursement of assistance from the Oneida Nation Assistance Fund from September 8, 2022, through March 1, 2023, with the late disbursement of assistance to be made on or before March 30, 2023. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 57 of 551 Adopt resolution entitled Adoption of the Healing to Wellness Court Law Business Committee Agenda Request 1. Meeting Date Requested: 07/13/22 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☐ Accept as information; OR Adopt the resolution entitled, Adoption of the Healing to Wellness Court Law 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☒ Other: Legislative Operating Committee, Oneida Nation Judiciary, ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions Oneida Police Department, Oneida Behavioral Health 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 58 of 551 6. Supporting Documents: ☐ Bylaws ☒ Fiscal Impact Statement ☐ Contract Document(s) ☒ Law ☐ Correspondence ☐ Legal Review ☐ Draft GTC Notice ☐ Minutes ☐ Draft GTC Packet ☐ MOU/MOA ☐ E-poll results/back-up ☐ Petition ☒ Other: Adoption Memo, Legislative Analysis ☐ 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. Santiago, LRO Senior Staff Attorney Revised: 11/15/2021 Page 2 of 2 Public Packet 59 of 551 Public Packet 60 of 551 Public Packet 61 of 551 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Oneida, WI 54155 BC Resolution # _____________ Adoption of the Healing to Wellness Court Law 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 purpose of the Healing to Wellness Court law (“the Law”) is to establish the Nation’s Healing to Wellness Court to: offer intensive case management, treatment, and court supervision to individuals who committed an offense directly or indirectly related to a substance abuse or addiction issue; provide access to holistic, structured, and phased substance abuse treatment and rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our Ways); create intragovernmental and intergovernmental collaborative teams to interact with each participant; and encourage and support each participant in the goal of their recovery to lead lawful productive lives free of substance abuse and addiction; and WHEREAS, it is the policy of the Nation to bring together community-healing resources with the Nation’s justice system to work collaboratively with intragovernmental and intergovernmental partnerships to reduce the abuse of alcohol and other drugs and drug-related criminal activity affecting the Nation’s community in an effort to promote life-long substance abuse recovery and the reintegration of participants into the Oneida community; and WHEREAS, the Law establishes the Healing to Wellness Court as a division of the Trial Court and delegates jurisdiction to the Healing to Wellness Court for matters related to substance abuse and addiction, and any matter arising under this Law; and WHEREAS, the Law delegates authority to the Healing to Wellness Court to collaborate and enter into intergovernmental agreements with other courts of competent jurisdiction that exercise concurrent jurisdiction; and WHEREAS, the Law establishes the Healing to Wellness Court team, comprised of a Trial Court Judge, Court Coordinator, Oneida Police Department Officer, representative from Probation, Substance Abuse Treatment provider, representative of Oneida culture and heritage, and any other member as determined by the Team, and provide how any revisions to the composition of the Healing to Wellness Court team are made; and WHEREAS, the Law delegates authority to the Healing to Wellness Court to establish policies and procedures governing the operation and implementation of the Healing to Wellness Court program; and Public Packet 62 of 551 BC Resolution # _______ Adoption of the Healing to Wellness Court Law Page 2 of 2 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 WHEREAS, the Law provides that all Healing to Wellness Court Team meetings and hearings are closed to the public, and held in accordance with the policies and procedures created by the Healing to Wellness Court; and WHEREAS, the Law provides that the Healing to Wellness Court is a non-adversarial forum, where the Oneida Judiciary Rules of Evidence and Oneida Judiciary Rules of Civil Procedure do not apply; and WHEREAS, in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact statement were developed for this Law; and WHEREAS, a public meeting on this proposed Law was held on May 4, 2022, and the public comment period was held open until May 11, 2022; and WHEREAS, the Legislative Operating Committee accepted, reviewed, and considered all public comments received on May 18, 2022; and NOW THEREFORE BE IT RESOLVED, that the Healing to Wellness Court law is hereby adopted and shall become effective on July 27, 2022. Public Packet 63 of 551 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Adoption of the Healing to Wellness Court Law Summary This resolution adopts the Healing to Wellness Court law. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: June 30, 2022 Analysis by the Legislative Reference Office This resolution adopts the Healing to Wellness Court law. The purpose of the Healing to Wellness Court law is to establish the Nation’s Healing to Wellness Court to:  offer intensive case management, treatment, and court supervision to individuals who committed an offense directly or indirectly related to a substance abuse or addiction issue;  provide access to holistic, structured, and phased substance abuse treatment and rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our Ways);  create intragovernmental and intergovernmental collaborative teams to interact with each participant; and  encourage and support each participant in the goal of their recovery to lead lawful productive lives free of substance abuse and addiction. [8 O.C. 808.1-1]. This resolution adopts the Healing to Wellness Court law which will:  Establish the Healing to Wellness Court as a division of the Trial Court and delegate jurisdiction to the Healing to Wellness Court for matters related to substance abuse and addiction, and any matter arising under this law [8 O.C. 808.4-1, 808.4-2];  Delegate authority to the Healing to Wellness Court to collaborate and enter into intergovernmental agreements with other courts of competent jurisdiction that exercise concurrent jurisdiction [8 O.C. 808.4-2];  Establish the Healing to Wellness Court team, comprised of a Trial Court Judge, Court Coordinator, Oneida Police Department Officer, representative from Probation, Substance Abuse Treatment provider, representative of Oneida culture and heritage, and any other member as determined by the Team, and provide how any revisions to the composition of the Healing to Wellness Court team are made [8 O.C. 808.4-3];  Delegate authority to the Healing to Wellness Court to establish policies and procedures governing the operation and implementation of the Healing to Wellness Court program [8 O.C. 808.5-1];  Provide that all Healing to Wellness Court Team meetings and hearings are closed to the public, and held in accordance with the policies and procedures created by the Court [8 O.C. 808.5-2, 808.5-3]; and Page 1 of 2 Public Packet  64 of 551 Provide that the Healing to Wellness Court is a non-adversarial forum, not a court of record, where the Oneida Judiciary Rules of Evidence and Civil Procedure do not apply [8 O.C. 808.5-4, 808.5-6, 808.5-7]. 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 Healing to Wellness Court law complied with all processes and procedures required by the LPA, including the development of a legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8]. A public meeting on the proposed Healing to Wellness Court law was held on May 4, 2022. Two (2) individuals provided oral comments during the public meeting. The public comment period was then held open until May 11, 2022. The Legislative Operating Committee received one (1) submission of written comments during the public comment period. All public comments received were accepted, reviewed, and considered by the Legislative Operating Committee on May 18, 2022. Any changes made based on those comments have been incorporated into this draft. The Healing to Wellness Court law will become effective ten (10) business days after the adoption of this resolution, on July 27, 2022, in accordance with the LPA. [1 O.C. 109.9-3]. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 65 of 551 Analysis to Draft 1 for OBC Consideration 2022 07 13 HEALING TO WELLNESS COURT LAW LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Analysis by the Legislative Reference Office Intent of the Proposed Law Purpose Affected Entities Related Legislation Public Meeting Fiscal Impact  Establish the Healing to Wellness Court as a division of the Trial Court and delegate jurisdiction to the Healing to Wellness Court for matters related to substance abuse and addiction, and any matter arising under this law [8 O.C. 808.4-1, 808.4-2];  Delegate authority to the Healing to Wellness Court to collaborate and enter into intergovernmental agreements with other courts of competent jurisdiction that exercise concurrent jurisdiction [8 O.C. 808.4-2];  Establish the Healing to Wellness Court team, comprised of a Trial Court Judge, Court Coordinator, Oneida Police Department Officer, representative from Probation, Substance Abuse Treatment provider, representative of Oneida culture and heritage, and any other member as determined by the Team, and provide how any revisions to the composition of the Healing to Wellness Court team are made [8 O.C. 808.4-3];  Delegate authority to the Healing to Wellness Court to establish policies and procedures governing the operation and implementation of the Healing to Wellness Court program [8 O.C. 808.5-1];  Provide that all Healing to Wellness Court Team meetings and hearings are closed to the public, and held in accordance with the policies and procedures created by the Court [8 O.C. 808.5-2, 808.5-3]; and  Provide that the Healing to Wellness Court is a non-adversarial forum, not a court of record, where the Oneida Judiciary Rules of Evidence and Civil Procedure do not apply [8 O.C. 808.5-4, 808.5-6, 808.5-7]. The purpose of this law is to establish the Nation’s Healing to Wellness Court to:  Offer intensive case management, treatment, and court supervision to individuals who committed an offense directly or indirectly related to a substance abuse or addiction issue;  Provide access to holistic, structured, and phased substance abuse treatment and rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our Ways);  Create intragovernmental and intergovernmental collaborative teams to interact with each participant; and  Encourage and support each participant in the goal of recovery to lead lawful, productive lives free of substance abuse and addiction [8 O.C. 808.1-1]. Oneida Nation Judiciary, Oneida Police Department, and Oneida Behavioral Health Public Peace law, Judiciary law, Oneida Judiciary Rules of Civil Procedure, Oneida Judiciary Rules of Evidence A public meeting was held in accordance with the Legislative Procedures Act on Wednesday, May 4, 2022, with a public comment period held open until May 11, 2022. A fiscal impact statement prepared in accordance with the Legislative Procedures Act was provided by the Finance Department on June 29, 2022. Public Packet 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 66 of 551 Analysis to Draft 1 for OBC Consideration 2022 07 13 SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The request to develop a Healing to Wellness Court law came from the Tribal Action Plan (TAP)- Laws and Policies Sub-Committee in December 2017 and was originally added to the Active Files List in December 2017. The Legislative Operating Committee then added the Healing to Wellness Court law to the Active Files List this legislative term on October 7, 2020. B. History of Drug Courts. The drug court movement started in the late 1980s to help combat an increase in the number drug-related offenses and re-offenses that resulted in overcrowded jails and prisons, which incarceration alone was not able to control. 1 Between 1980 and 2000, arrests for drug offenses more than doubled. 2 Those who were imprisoned were not being treated for their substance abuse and the underlying problems and were subjected to traumatization by the prison system and faced many barriers upon release 3. The response to this issue was to develop a court approach that systematically prioritized treatment in substance abuse cases. 4 A drug court is a special court docket to which cases involving alcohol and other substance abusing offenders are assigned for intensive supervision and treatment. 5 Drug courts are distinguished by several features, such as expedited case processing, outpatient treatment, and support services (e.g., job placement and housing services). 6 C. Development of Healing to Wellness Courts in Native Nations. Native nations were looking to develop a court that would help confront intergenerational substance abuse issues while avoiding the term “drug court”, thus developing the term “healing to wellness court”. This term referred to the healing and wellness aspects of this approach, along with the idea that wellness is an ongoing journey. 7 In August 2003, state and national drug court efforts were used to help draft tribal-specific healing to wellness court curriculums. The newly developed Healing to Wellness Courts were not simply tribal courts that heard cases involving substance abuse but were special court docket-collaboratives that partnered with service providers to create a program for participants that included extensive supervision and treatment. 8 Tribal Healing to Wellness courts are guided by the Tribal Ten Key Components, which are the fundamental essentials of the drug court concept that were adjusted to reflect the tribal notions of healing and wellness, particularly the concept of a healing to wellness journey and the collaboration involved. 9 SECTION 3. CONSULTATION AND OUTREACH A. The following departments within the Nation participated in the development of this Law and legislative analysis:  Oneida Nation Judiciary;  Oneida Police Department:  Oneida Behavioral Health; U.S. Department of Justice Office of Justice Programs, “Tribal Healing to Wellness Court: The Key Components,” (April 2003). 2 Arthur J. Lurigio, “The First 20 Years of Drug Treatment Courts: A Brief Description of Their History and Impact”. 3 Tribal Law and Policy Institute, “Tribal Healing to Wellness Courts: Intergovernmental Collaboration,” (May 2021). 4 Id. 5 Id. 6 Arthur J. Lurigio, “The First 20 Years of Drug Treatment Courts: A Brief Description of Their History and Impact”. 7 Tribal Law and Policy Institute, “Tribal Healing to Wellness Courts: Intergovernmental Collaboration,” (May 2021). 8 Id. 9 Id. 1 Public Packet 35 36 37 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 67 of 551 Analysis to Draft 1 for OBC Consideration 2022 07 13  Tribal Action Plan (TAP);  Legal Resource Center;  General Manager; and  Oneida Business Committee. B. The following groups outside of the Nation were consulted in the drafting of this law and analysis:  Tribal Law and Policy Institute;  National Association of Drug Court Professionals (NADCP);  Wisconsin Department of Corrections; and  Wisconsin Statewide Treatment Court Coordinator. C. The following laws and ordinances from other States, municipalities, and Tribes were reviewed in the drafting of this Law and analysis:  Ho-Chunk Nation Healing to Wellness Court Code;  Cherokee Tribal Drug Court Code of Ordinances;  Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians Wellness Court Tribal Code;  Fort Peck Wellness Court Code;  Penobscot Nation Healing to Wellness Court Program Procedures;  Poarch Band Creek of Indians Healing to Wellness Court Code;  Swinomish Tribal Court Code;  Fort McDowell Yavapai Nation Law and Order Code;  Winnebago Tribal Traditional Wellness Court Code; and  Tlingit and Haida Indian Tribes of Alaska Wellness Court Code. SECTION 4. PROCESS A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).  On October 7, 2020, the Legislative Operating Committee added this Law to its Active Files List.  On February 16, 2022, the Legislative Operating Committee approved the draft of this law and directed that a legislative analysis be developed.  On March 16, 2022, the Legislative Operating Committee approved the draft of the legislative analysis.  On April 6, 2022, the Legislative Operating Committee approved the public meeting packet and forwarded the Healing to Wellness Court law to a public meeting to be held on May 4, 2022.  On May 4, 2022, the public meeting was held in person in the Norbert Hill Center and on Microsoft Teams. Two (2) individuals provided public comment during the public meeting via Microsoft Teams.  On May 11, 2022, the public comment period closed. One (1) submission of written comments was received during the public comment period.  On May 18, 2022, the Legislative Operating Committee accepted the public comments and the public comment review memorandum and deferred these items to a work meeting for further consideration.  On June 1, 2022, the Legislative Operating Committee approved the updated public comment review memorandum, draft, and updated legislative analysis. The Legislative Public Packet 79 80 81 82 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 68 of 551 Analysis to Draft 1 for OBC Consideration 2022 07 13 Operating Committee also approved the fiscal impact statement request memorandum and forwarded the request memorandum to the Finance Department directing that a fiscal impact statement be prepared and submitted to the Legislative Operating Committee by June 15, 2022.  On June 1, 2022, the Finance Department requested additional time to complete a fiscal impact statement, the Legislative Operating Committee then subsequently agreed to amend the due date of the fiscal impact statement to June 29, 2022.  On June 29, 2022, the Finance Department provided the Legislative Operating Committee with the fiscal impact statement. B. A group that included members from the departments of the Legislative Reference Office, Legislative Operating Committee, Oneida Business Committee, Oneida [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%3Ad79a152335f4f651. Public record. Not legal advice.