Oneida Business Committee (2019)

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Oneida Business Committee

Executive Session

8:30 AM Monday, November 25, 2019

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Tuesday, November 26, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and

present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.

CALL TO ORDER

II.

OPENING

Special recognition of Jamozzy Skenandore

Sponsor: David P. Jordan, Councilman

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

Oneida Police Department - Michael Pecore

Sponsor: Sandra Reveles, Chair/Oneida Police Department

Oneida Police Commission - Lois Strong

Sponsor: Lisa Summers, Secretary

Oneida Nation Arts Board - Xavier Horkman

Sponsor: Lisa Summers, Secretary

Oneida Youth Leadership Institute Board - Paul K. Ninham

Sponsor: Lisa Summers, Secretary

Oneida Business Committee

Regular Meeting Agenda

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MINUTES

VI.

VII.

Approve the November 13, 2019, regular Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

RESOLUTIONS

Adopt resolution entitled Office of Special Trustee – Sign Off Authority

Sponsor: Debra Danforth, Chair/Oneida Trust Enrollment Committee

Adopt resolution entitled Support H.R. Bill 3467 Remove the Stain Act

Sponsor: Lisa Summers, Secretary

Adopt resolution entitled CY 2020 County Tribal Law Enforcement Grant - Brown

County

Sponsor: Sandra Reveles, Chair/Oneida Police Commission

Adopt resolution entitled CY 2020 County Tribal Law Enforcement Grant Outagamie County

Sponsor: Sandra Reveles, Chair/Oneida Police Commission

STANDING COMMITTEES

FINANCE COMMITTEE

Accept the November 4, 2019, regular Finance Committee meeting minutes

Sponsor: Trish King, Treasurer

Accept the November 18, 2019, regular Finance Committee meeting minutes

Sponsor: Trish King, Treasurer

LEGISLATIVE OPERATING COMMITTEE

Accept the November 6, 2019, regular Legislative Operating Committee

meeting minutes

Sponsor: David P. Jordan, Councilman

Accept the Sanctions and Penalties law materials and add to the tentatively

scheduled 2020 annual General Tribal Council meeting agenda

Sponsor: David P. Jordan, Councilman

QUALITY OF LIFE COMMITTEE

Accept the September 12, 2019, regular Quality of Life Committee meeting

minutes

Sponsor: Brandon Stevens, Vice-Chairman

Oneida Business Committee

Regular Meeting Agenda

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November 26, 2019

Public Packet

VIII.

IX.

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TRAVEL REQUESTS

Approve the travel request - Secretary Lisa Summers - North American Indigenous

Games Council Working Group meeting - Hinkley, MN - January 14-18, 2020

Sponsor: Lisa Summers, Secretary

Approve the travel request - Councilman Ernie Stevens III - Hemp Interim Final RuleTribal Consultation - Las Vegas, NV - December 10-12, 2019

Sponsor: Ernie Stevens III, Councilman

NEW BUSINESS

Approve the request for the Comprehensive Health Division to meet with WI

Department of Health Services

Sponsor: Debbie Thundercloud, General Manager

Post ten (10) vacancies - Oneida Election Board Ad Hoc Committee

Sponsor: Lisa Summers, Secretary

Accept the Oneida Personnel Commission November 2019 update

Sponsor: Lisa Summers, Secretary

EXECUTIVE SESSION

REPORTS

Accept the Comprehensive Health FY-2019 4th quarter executive report 8:30

a.m.

Sponsor: Debbie Thundercloud, General Manager

Accept the Intergovernmental Affairs, Communications, and Self-Governance

November 2019 report 9:00 a.m.

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Accept the Bay Bancorporation, Inc. FY-2019 4th quarter executive report 9:30

a.m.

Sponsor: Jeff Bowman, President/Bay Bank

Accept the Oneida Golf Enterprise FY-2019 4th quarter executive report 10:00

a.m.

Sponsor: Eric McLester, Agent/OGE

Accept the Oneida ESC Group, LLC. FY-2019 4th quarter executive report

10:30 a.m.

Sponsor: Jacquelyn Zalim, Chair/OESC Board of Managers

Accept the Oneida Seven Generation Corporation FY-2019 4th quarter

executive report 11:00 a.m.

Sponsor: Pete King III, Agent/OSGC

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Accept the Oneida Airport Hotel Corporation FY-2019 4th quarter executive

report 11:30 a.m.

Sponsor: Robert Barton, Chair/OAHC

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

AUDIT COMMITTEE

Accept the Audit Committee FY-2019 4th quarter report

Sponsor: David P. Jordan, Councilman

UNFINISHED BUSINESS

Accept the Emergency Mangement FY-2019 4th quarter report 1:30 p.m.

Sponsor: Kaylynn Gresham, Director/Emergency Management

EXCERPT FROM NOVEMBER 13, 2019: No action was taken on this item; the

deferral request was approved by consensus of the Business Committee.

XI.

NEW BUSINESS

Review proposed General Welfare Benefits Plan and determine next steps

Sponsor: Larry Barton, Chief Financial Officer

Adopt resolution entitled Self-Governance FY 2016-2023 Multi-Year Funding

Agreement between the Oneida Nation and U.S. Department of Health and

Human Services on behalf of the United States of America

Sponsor: Jennifer Webster, Councilwoman

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364

or (800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

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Public Packet

Special recognition of Jamozzy Skenandore

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Oneida Business Committee Agenda Request

Oneida Police Department - Michael Pecore

1. Meeting Date Requested:

11 / 26 / 19

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Sandra Reveles, Police Commission Chairperson

Primary Requestor/Submitter:

Eric Boulanger, Chief of Police

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

Oath of Office for one new hire:

Officer:

Michael Pecore

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

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Oneida Business Committee Agenda Request

Oneida Police Commission - Lois Strong

1. Meeting Date Requested:

11 / 26 / 19

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Lois Strong for the Oneida Police Commission.

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Brooke Doxtator, BCC Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

On October 23, 2019 the Oneida Business Committee appointed Lois Strong to the Oneida Police Commission.

Lois was unable to attend the Oneida Business Committee meeting on November 13, 2019, this will be the 2nd

attempt to administer her oath of office.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

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Oneida Business Committee Agenda Request

Oneida Nation Arts Board - Xavier Horkman

1. Meeting Date Requested:

11 / 26 / 19

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Xavier Horkman for the Oneida Nation Arts Board.

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Brooke Doxtator, BCC Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

On November 13, 2019 the Oneida Business Committee appointed Xavier Horkman to the Oneida Nation Arts

Board.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Public Packet

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Oneida Business Committee Agenda Request

Oneida Youth Leadership Institute Board - Paul K. Ninham

1. Meeting Date Requested:

11 / 26 / 19

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Paul K. Ninham for the Oneida Youth Leadership Institute Board.

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Brooke Doxtator, BCC Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

On November 13, 2019 the Oneida Business Committee appointed Paul K. Ninham to the Oneida Youth

Leadership Institute Board.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

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Approve the November 13, 2019, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

11/26/19

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☒ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

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DRAFT

Oneida Business Committee

Executive Session

8:30 AM Tuesday, November 12, 2019

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, November 13, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EXECUTIVE SESSION

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Council

members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster;

Not Present: Secretary Lisa Summers;

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Laura Laitinen‐Warren, Louise

Cornelius, Chad Fuss, Michele Doxtater, Geraldine Danforth, Eric McLester, Dana McLester, Scott

Denny;

REGULAR MEETING

Present: Vice-Chairman Brandon Stevens, Council members: Daniel Guzman King, David P. Jordan,

Kirby Metoxen, Ernie Stevens III, Jennifer Webster;

Not Present: Treasurer Trish King, Secretary Lisa Summers;

Arrived at: Chairman Tehassi Hill at 8:34 a.m.;

Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Brooke Doxtator, Bonnie

Pigman, Debbie Danforth, Jeff Carlson, Chris Johnson, Eric McLester, Tommy Danforth, Earl Jordan,

Joanie Buckley;

CALL TO ORDER

Meeting called to order by Vice-Chairman Brandon Stevens at 8:34 a.m.

For the record: Secretary Lisa Summers is on approved travel attending the TribalNet Conference in

Nashville, TN. Treasurer Trish King is on approved travel attending State-Tribal Consultations in

Crandon, WI.

Chairman Tehassi Hill arrives at 8:34 a.m.

II.

OPENING (00:00:30)

Opening provided by Councilman Daniel Guzman King.

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III.

ADOPT THE AGENDA (00:01:40)

Motion by Daniel Guzman King to adopt the agenda with one (1) noted change [in item VII.B., correct

number of vacancies from "one (1)" to "four (4)"], seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens

III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Present:

Tehassi Hill

IV.

OATH OF OFFICE (00:02:20)

Oath of office administered by Jennifer Webster. Patricia Moore was present. Lois Strong was not

present.

Oneida Election Board - Patricia Moore

Sponsor: Lisa Summers, Secretary

Oneida Police Commission - Lois Strong

Sponsor: Lisa Summers, Secretary

Chairman Tehassi Hill assumes the responsibilities of the Chair at 8:39 a.m.

MINUTES

Approve the October 23, 2019, regular Business Committee meeting minutes

(00:05:45)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the October 23, 2019, regular Business Committee meeting

minutes, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Brandon Stevens, Ernie

Stevens III, Jennifer Webster

Abstained:

Kirby Metoxen

Not Present:

Trish King, Lisa Summers

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VI.

RESOLUTIONS

Adopt resolution entitled Older Americans Act, Title VI 2020-23 Grant Program

(00:06:12)

Sponsor: Debbie Thundercloud, General Manager

Motion by Brandon Stevens to adopt resolution 11-13-19-A Older Americans Act, Title VI 2020-23

Grant Program, seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Adopt resolution entitled Amendment to the Creation of Acheson Education

Endowment in Accordance with the Endowments Law (00:07:16)

Sponsor: Debra J. Danforth, Chair/Oneida Trust Enrollment Committee

Motion by Brandon Stevens to adopt resolution 11-13-19-B Amendment to the Creation of Acheson

Education Endowment in Accordance with the Endowments Law, seconded by Daniel Guzman King.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

VII.

APPOINTMENTS

Determine next steps regarding one (1) vacancy – Oneida Nation Arts Board

(00:07:51)

Sponsor: Lisa Summers, Secretary

Motion by Brandon Stevens to appoint Xavier Horkman to the Oneida Nation Arts Board, seconded by

Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Determine next steps regarding four (4) vacancies – Oneida Youth Leadership

Institute Board (00:08:49)

Sponsor: Lisa Summers, Secretary

Motion by Brandon Stevens to appoint Paul Ninham to the Oneida Youth Leadership Institute Board,

seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Motion by David P. Jordan to re-post the remaining three (3) vacancies on the Oneida Youth

Leadership Institute Board, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

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VIII.

STANDING COMMITTEES

LEGISLATIVE OPERATING COMMITTEE

Accept the October 16, 2019, regular Legislative Operating Committee meeting

minutes (00:09:41)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the October 16, 2019, regular Legislative Operating Committee

meeting minutes, seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

IX.

TRAVEL REPORTS

Approve the travel report - Councilman Ernie Stevens III - AISES National

Conference - Milwaukee, WI - October 9-13, 2019 (00:10:15)

Sponsor: Ernie Stevens III, Councilman

Motion by David P. Jordan to approve the travel report from Councilman Ernie Stevens III for the

AISES National Conference in Milwaukee, WI - October 9-13, 2019, seconded by Kirby Metoxen.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Approve the travel report - Vice-Chairman Brandon Stevens and Councilman

David P. Jordan - 2019 Nation Congress of American Indians Mid Year Conference

and Marketplace - Sparks, NV - June 2019; and accept the NCAI Youth

Commission summary report (00:11:09)

Sponsor: Vice-Chairman Brandon Stevens and Councilman David P. Jordan

Motion by Kirby Metoxen to approve the travel report from Vice-Chairman Brandon Stevens and

Councilman David P. Jordan for the 2019 Nation Congress of American Indians Mid Year Conference

and Marketplace in Sparks, NV - June 2019 and to accept the NCAI Yout h Commission summary

report, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, Kirby Metoxen, Ernie Stevens III, Jennifer

Webster

Abstained:

David P. Jordan, Brandon Stevens

Not Present:

Trish King, Lisa Summers

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Approve the travel report - Chairman Tehassi Hill and Vice-Chairman Brandon

Stevens - Detroit Democratic Presidential Primary Debate - Detroit, MI - July 30August 1, 2019 (00:14:55)

Sponsor: Tehassi Hill, Chairman and Brandon Stevens, Vice-Chairman

Motion by Jennifer Webster to approve the travel report from Chairman Tehassi Hill and ViceChairman Brandon Stevens for the Detroit Democratic Presidential Primary Debate in Detroit, MI - July

30-August 1, 2019, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens

III, Jennifer Webster

Abstained:

Brandon Stevens

Not Present:

Trish King, Lisa Summers

Approve the travel report - Vice-Chairman Brandon Stevens - Two (2) events

(00:15:10)

Sponsor: Vice-Chairman Brandon Stevens

Frank LaMere Native American Presidential 2019 forum – Sioux City, IA –

August 19-20, 2019

Motion by Kirby Metoxen to approve the travel report from Vice-Chairman Brandon Stevens for the

Frank LaMere Native American Presidential Forum in Sioux City, IA - August 19-20, 2019, seconded

by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens

III, Jennifer Webster

Abstained:

Brandon Stevens

Not Present:

Trish King, Lisa Summers

Dental Therapy testimony at the Senate Health Committee hearing –

Madison, WI – August 21, 2019

Motion by Kirby Metoxen to approve the travel report from Vice-Chairman Brandon Stevens for the

Dental Therapy testimony at the Senate Health Committee hearing in Madison, WI - August 21, 2019,

seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens

III, Jennifer Webster

Abstained:

Brandon Stevens

Not Present:

Trish King, Lisa Summers

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TRAVEL REQUESTS

Approve the travel request - Vice-Chairman Brandon Stevens - 2019 Fall Haskell

Board of Regents meeting - Lawrence, KS - December 10-13, 2019 (00:18:23)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by Daniel Guzman King to approve the travel request for Vice-Chairman Brandon Stevens to

attend the 2019 Fall Haskell Board of Regents meeting in Lawrence, KS - December 10-13, 2019,

seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Jennifer Webster

Abstained:

Ernie Stevens III

Not Present:

Trish King, Lisa Summers

Enter e-poll results into the record regarding the approved travel request - ViceChairman Brandon Stevens - Kansas City NFL Stadium Visit - Kansas City, KS October 26-28, 2019 (00:19:13)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to enter the e-poll results into the record approved travel request for ViceChairman Brandon Stevens to attend the Kansas City NFL Stadium Visit in Kansas City, KS - October

26-28, 2019, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

XI.

NEW BUSINESS

Review the Table Games (Chapter 4) Oneida Gaming Minimum Internal Controls

and determine appropriate next steps (00:23:44)

Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission

Motion by Brandon Stevens to accept the notice of the Oneida Gaming Minimum Internal Controls for

Table Games (Chapter 4) approved by the Gaming Commission on November 5, 2019, and direct

notice to the Oneida Gaming Commission there are no requested revisions under § 501.6-14(d),

seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

CDC #09-011 Oneida Community Health Center Expansion - Approve the concept

paper (01:03:47)

Sponsor: Debbie Thundercloud, General Manager

Motion by David P. Jordan to approve the concept paper for CDC #09-011 Oneida Community Health

Center Expansion, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

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CDC #19-004 Amelia Cornelius Culture Park Site Improvements - Approve three (3)

actions (01:08:36)

Sponsor: Debbie Thundercloud, General Manager

Motion by David P. Jordan to approve of the CIP Package for project CDC #19-004 Amelia Cornelius

Culture Park Site Improvements, to activate $50,000 from the approved FY-2019 CIP Budget for CDC

#19-004 Amelia Cornelius Culture Park Site Improvements, and to activate $50,000 from the approved

FY-2020 CIP Budget for CDC #19-004 Amelia Cornelius Culture Park Site Improvements, seconded

by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Approve the BIA and Oneida Nation cooperative agreement for Wildland Fire

Management-Non-recurring funds - file # 2019-1092 (01:11:04)

Sponsor: Debbie Thundercloud, General Manager

Motion by David P. Jordan to approve the BIA and Oneida Nation cooperative agreement for Wildland

Fire Management-Non-recurring funds - file # 2019-1092, seconded by Jennifer Webster. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Approve a letter of interest and letter of support for Councilman Daniel Guzman

King to serve on the Great Lakes Area Tribal Health Board, with Councilwoman

Jennifer Webster as alternate (01:11:44)

Sponsor: Tehassi Hill, Chairman

Motion by David P. Jordan to approve the letter of interest and the letter of support for Councilman

Daniel Guzman King to serve on the Great Lakes Area Tribal Health Board, with Councilwoman

Jennifer Webster as alternate, seconded by Brandon Stevens. Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III,

Jennifer Webster

Abstained:

Daniel Guzman King

Not Present:

Trish King, Lisa Summers

For the record: Councilwoman Jennifer Webster stated I just want to formally state some concerns. I

didn’t want to have to go there but, I just, I ask that you [Councilman Daniel Guzman King] show up for

the meetings. There’s been times here when you aren’t showing up for meetings.

Review request regarding General Tribal Council meeting facility and determine

next steps (01:14:29)

Sponsor: Trish King, Treasurer

Motion by Jennifer Webster to direct the General Manager to assign a project manager to execute a

CIP to address space for General Tribal Council meetings and other activities and to develop a

financial plan to be included in the FY-2021 budget development process, seconded by Brandon

Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

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DRAFT

Approve two (2) actions regarding the definition of "No New Employees"

(01:28:55)

Sponsor: Trish King, Treasurer

Motion by Jennifer Webster to approve the memorandum entitled "No New Employees Definition" and

to direct the Treasurer to collaborate with the appropriate departements to communicate the

memorandum, seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III,

Jennifer Webster

Abstained:

Daniel Guzman King

Not Present:

Trish King, Lisa Summers

Research Request: Coleman-Univ. of Montana-Hemp Production - Review

recommendation and determine next steps (01:42:45)

Sponsor: Jo Anne House, Chief Counsel

Councilman David P. Jordan left at 10:15 a.m.

Motion by Ernie Stevens III to approve Approve the Coleman - University of Montana - Hemp

Production research request, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, Kirby Metoxen, Brandon Stevens, Ernie Stevens

III, Jennifer Webster

Not Present:

David P. Jordan, Trish King, Lisa Summers

Research Request: Dempsey-Univ. of Wisconsin/Madison-Stroke Risk Prevention Review recommendation and determine next steps (01:46:26)

Sponsor: Debbie Thundercloud, General Manager

Councilman David P. Jordan returned at 10:21 a.m.

Motion by Ernie Stevens III to approve the Dempsey – Univ. of Wisconsin/Madison – Stroke Risk

Prevention research request and to authorize the Chairman to sign the letter of support, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Post one (1) vacancy - Oneida Nation Arts Board (01:51:36)

Sponsor: Lisa Summers, Secretary

Councilman Daniel Guzman King left at 10:24 a.m.

Motion by David P. Jordan to post one (1) vacancy for the Oneida Nation Arts Board, seconded by

Ernie Stevens III. Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III,

Jennifer Webster

Not Present:

Daniel Guzman King, Trish King, Lisa Summers

Oneida Business Committee

Regular Meeting Minutes

Page 8 of 16

November 13, 2019

Public Packet

24 of 157

DRAFT

Re-post one (1) vacancy - Oneida Community Library Board (01:52:20)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to re-post one (1) vacancy for the Oneida Community Library Board,

seconded by Ernie Stevens III. Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III,

Jennifer Webster

Not Present:

Daniel Guzman King, Trish King, Lisa Summers

Post eight (8) vacancies for alternates - Oneida Election Board (01:52:44)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to post eight (8) vacancies for alternates for the Oneida Election Board,

seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III,

Jennifer Webster

Not Present:

Daniel Guzman King, Trish King, Lisa Summers

Schedule a special Business Committee meeting on December 4, 2019, at 3:00

p.m. (01:53:40)

Sponsor: Lisa Summers, Secretary

Motion by Jennifer Webster to schedule a special Business Committee meeting on December 4, 2019,

at 3:00 p.m., seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III,

Jennifer Webster

Not Present:

Daniel Guzman King, Trish King, Lisa Summers

Item XII.A.1. is addressed next.

Approve the amended, final Brown County 161 agreement (03:04:45)

Sponsor: Jo Anne House, Chief Counsel

Motion by Brandon Stevens to add item “Approve the amended, final Brown County 161 agreement” to

the agenda, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Motion by David P. Jordan to the amendments to the Brown County 161 agreement, seconded by

Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Item XIV. is addressed next.

Oneida Business Committee

Regular Meeting Minutes

Page 9 of 16

November 13, 2019

Public Packet

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DRAFT

XII.

REPORTS

OPERATIONAL

Accept the Housing Service Group FY-2019 4th quarter report (01:54:50)

Vice-Chairman Brandon Stevens left at 10:32 a.m.

Motion by David P. Jordan to accept the Housing Service Group FY-2019 4th quarter report, seconded

by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster

Not Present:

Daniel Guzman King, Trish King, Brandon Stevens, Lisa Summers

Accept the Health Care Service Group FY-2019 4th quarter report (02:01:40)

Councilman Daniel Guzman King returned at 10:36 a.m.

Vice-Chairman Brandon Stevens returned at 10:37 a.m.

Councilman Ernie Stevens III left at 10:38 a.m.

Motion by David P. Jordan to accept the Health Care Service Group FY-2019 4th quarter report,

seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Jennifer Webster

Not Present:

Trish King, Ernie Stevens III, Lisa Summers

Accept the Government Administration Service Group FY-2019 4th quarter

report (02:06:11)

Motion by Brandon Stevens to accept the Government Administration Service Group FY-2019 4th

quarter report, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Jennifer Webster

Not Present:

Trish King, Ernie Stevens III, Lisa Summers

Councilman Ernie Stevens III returned at 10:40 a.m.

Accept the Planning, Zoning and Development Service Group FY-2019 4th

quarter report (02:08:05)

Motion by Jennifer Webster to accept the Planning, Zoning and Development Service Group FY-2019

4th quarter report, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Oneida Business Committee

Regular Meeting Minutes

Page 10 of 16

November 13, 2019

Public Packet

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DRAFT

Accept the Education and Literacy Service Group FY-2019 4th quarter report

(02:11:40)

Motion by David P. Jordan to accept the Education and Literacy Service Group FY-2019 4th quarter

report, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Accept the Human Services Service Group FY-2019 4th quarter report (02:12:40)

Motion by Jennifer Webster to accept the Human Services Service Group FY-2019 4th quarter report,

seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Item XIII.A.1. is addressed next.

Accept the Protection and Preservation of Oneida Culture and Language

Service Group FY-2019 4th quarter report (02:24:37)

Motion by Jennifer Webster to accept the Protection and Preservation of Oneida Culture and

Language Service Group FY-2019 4th quarter report, seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Accept the Public Safety Service Group FY-2019 4th quarter report (02:31:56)

Motion by Jennifer Webster to accept the Public Safety Service Group FY-2019 4th quarter report,

seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Accept the Economic Enterprises Service Group FY-2019 4th quarter report

(02:35:48)

Motion by David P. Jordan to accept the Economic Enterprises Service Group FY-2019 4th quarter

report, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

10.

Accept the Protection and Preservation of Natural Resources Service Group

FY-2019 4th quarter report (02:49:20)

Motion by Ernie Stevens III to accept the Protection and Preservation of Natural Resources Service

Group FY-2019 4th quarter report, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Oneida Business Committee

Regular Meeting Minutes

Page 11 of 16

November 13, 2019

Public Packet

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DRAFT

11.

Accept the Building and Property Maintenance Service Group FY-2019 4th

quarter report (02:55:50)

Motion by Ernie Stevens III to accept the Building and Property Maintenance Service Group FY-2019

4th quarter report, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

12.

Accept the Utilities, Wells, Wastewater and Septic Service Group FY-2019 4th

quarter report (03:00:45)

Motion by Jennifer Webster to accept the Utilities, Wells, Wastewater and Septic Service Group FY2019 4th quarter report, seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Item XI.N. is addressed next.

XIII.

EXECUTIVE SESSION

REPORTS

Accept Gaming General Manager FY-2019 4th quarter executive report

(02:16:41)

Sponsor: Louise Cornelius, Gaming General Manager

Motion by Brandon Stevens to accept the Gaming General Manager FY-2019 4th quarter executive

report, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Accept the Retail Enterprise FY-2019 4th quarter executive report (02:17:09)

Sponsor: Michele Doxtator, Area Manager/Retail Profits

Motion by David P. Jordan to accept the Retail Enterprise FY-2019 4th quarter executive report,

seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Accept the Human Resource 2019 4th quarter executive report (02:17:40)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Motion by David P. Jordan to accept the Human Resource 2019 4th quarter executive report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Oneida Business Committee

Regular Meeting Minutes

Page 12 of 16

November 13, 2019

Public Packet

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DRAFT

Defer the Emergency Mangement FY-2019 4th quarter report to the November

26, 2019, regular Business Committee meeting agenda

Sponsor: Kaylynn Gresham, Director/Emergency Management

No action was taken on this item; the deferral request was approved by consensus of the Business

Committee.

Accept the Comprehensive Housing FY-2019 4th quarter executive report

(02:17:55)

Sponsor: Debbie Thundercloud, General Manager

Motion by Kirby Metoxen to accept the Comprehensive Housing FY-2019 4th quarter executive report,

seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Accept the Environmental, Health, Safety & Land FY-2019 4th quarter executive

report (02:18:15)

Sponsor: Debbie Thundercloud, General Manager

Motion by David P. Jordan to accept the Environmental, Health, Safety & Land FY-2019 4th quarter

executive report, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Accept the Public Works FY-2019 4th quarter report (02:18:40)

Sponsor: Debbie Thundercloud, General Manager

Motion by Jennifer Webster to accept the Public Works FY-2019 4th quarter report, seconded by Ernie

Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Accept the Chief Counsel report (02:18:50)

Sponsor: Jo Anne House, Chief Counsel

Motion by David P. Jordan to accept the Chief Counsel report dated November 8, 2019, seconded by

Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Motion by Brandon Stevens to approve the response to the letter dated October 22, 2019, seconded

by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Oneida Business Committee

Regular Meeting Minutes

Page 13 of 16

November 13, 2019

Public Packet

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DRAFT

STANDING ITEMS

ONEIDA GOLF ENTERPRISE CORPORATION - LADIES PROFESSIONAL GOLF

ASSOCIATION

Accept the Thornberry Creek LPGA Classic

September/October/November 2019 report (02:19:20)

Motion by David P. Jordan to reject the Thornberry Creek LPGA Classic September/October/

November 2019 report, to request the actual numbers, and to request an updated report to include

actual ticket sales, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

UNFINISHED BUSINESS

Determine next steps regarding long-term recommendations for Oneida Golf

Enterprise financial needs and loans (02:20:21)

Sponsor: Eric McLester, Business Compliance Analyst

Motion by David P. Jordan to support the recommendation from the Chief Financial Officer and the

Business Compliance Analyst regarding OGE Revolving Loan Credit Agreement in memorandum

dated November 12, 2019, seconded by Kirby Metoxen. Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III,

Jennifer Webster

Opposed:

Daniel Guzman King

Not Present:

Trish King, Lisa Summers

Motion by David P. Jordan to accept FY-2021 and FY-2022 Oneida Golf Enterprise financial needs as

information, noting the Business Compliance Analyst will be responsible to ensure the appropriate

amounts are requested when the Nation's budgets are developed, seconded by Brandon Stevens.

Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III,

Jennifer Webster

Opposed:

Daniel Guzman King

Not Present:

Trish King, Lisa Summers

NEW BUSINESS

Accept the Kemper Sports 2020 business plan as information (02:21:59)

Sponsor: Eric McLester, Business Compliance Analyst

Motion by Jennifer Webster to accept the Kemper Sports 2020 business plan as information, seconded

by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Oneida Business Committee

Regular Meeting Minutes

Page 14 of 16

November 13, 2019

Public Packet

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DRAFT

Accept the Detroit Democratic Presidential Primary Debate talking points for the

record (02:22:20)

Sponsor: Tehassi Hill, Chairman and Brandon Stevens, Vice-Chairman

Motion by Jennifer Webster to accept the Detroit Democratic Presidential Primary Debate talking

points for the record, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Review application(s) for one (1) vacancy – Oneida Nation Arts Board (02:22:40)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to accept the discussion [regarding the Oneida Nation Arts Board

application(s)] as information, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Review application(s) for four (4) vacancies – Oneida Youth Leadership Institute

Board (02:23:39)

Sponsor: Lisa Summers, Secretary

Roll call for the record:

Present: Councilman Daniel Guzman King; Chairman Tehassi Hill; Councilman David P. Jordan;

Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III;

Councilwoman Jennifer Webster;

Not Present: Treasurer Trish King; Secretary Lisa Summers;

Motion by Jennifer Webster to accept the discussion [regarding the Oneida Youth Leadership Institute

Board application(s)] as information, seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Motion by David P. Jordan to recess at 10:56 a.m. until 1:30 p.m., seconded by Kirby Metoxen. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Meeting called to order by Chairman Tehassi Hill at 1:34 p.m.

Item XII.A.7. is addressed next.

Oneida Business Committee

Regular Meeting Minutes

Page 15 of 16

November 13, 2019

Public Packet

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DRAFT

XIV.

ADJOURN (03:08:00)

Motion by David P. Jordan to adjourn at 2:18 p.m., seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Ernie Stevens III, Jennifer Webster

Not Present:

Trish King, Lisa Summers

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 16 of 16

November 13, 2019

Public Packet

Adopt resolution entitled Office of Special Trustee – Sign Off Authority

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # __________

Office of Special Trustee – Sign Off Authority

WHEREAS,

the Oneida Nation (formerly known as the Oneida Tribe of Indians of Wisconsin) is a

federally recognized government and Treaty Tribe recognized by the law of the

United States 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 I of the Oneida Constitution by the Oneida General Tribal Council, and

WHEREAS,

the Office of Special Trustee for American Indians has requested the Oneida Nation

to determine who is officially authorized to instruct Office of Trust Funds Management

to disburse funds and to make investments for the Oneida Nation, and

WHEREAS,

the Office of Special Trustee requested the authorized officials be approved by Tribal

Resolution;

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee approves the following

individuals to receive information on accounts managed by the Office of Special Trustee, to initiate

disbursements, or to provide investment consultation based on the signatures below:

Tribal officials Authorized to Receive Oneida Trust Fund Information:

Name (Print)

Signature

Title

Election Date

Term

Tehassi Hill

Tribal Chairman

July 2017

3 yrs

Brandon

Yellowbird-Stevens

Tribal ViceChairman

July 2017

3 yrs

Lisa Summers

Tribal Secretary

July 2017

3 yrs

Patricia King

Tribal Treasurer

July 2017

3 yrs

Daniel Guzman

King

Oneida Business

Committee Member

July 2017

3 yrs

David P. Jordan

Oneida Business

Committee Member

July 2017

3 yrs

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BC Resolution # __________

Office of Special Trustee – Sign Off Authority

Page 2 of 3

Kirby Metoxen

Oneida Business

Committee Member

& Oneida Trust

Enrollment

Committee Member

July 2017

3 yrs

Ernie Stevens III

Oneida Business

Committee Member

July 2017

3 yrs

Jennifer Webster

Oneida Business

Committee Member

July 2017

3 yrs

July 2018

3 yrs

July 2017

3 yrs

July 2018

3 yrs

July 2019

3 yrs

July 2019

3 yrs

July 2019

3 yrs

July 2018

3 yrs

July 2017

3 yrs

Oneida Trust

Enrollment

Chairwoman

Oneida Trust

Enrollment ViceChairwoman

Oneida Trust

Enrollment

Secretary

Oneida Trust

Enrollment

Committee Member

Oneida Trust

Enrollment

Committee Member

Oneida Trust

Enrollment

Committee Member

Oneida Trust

Enrollment

Committee Member

Oneida Trust

Enrollment

Committee Member

Debra Danforth

Barbara “Bobbi”

Webster

Geraldine Danforth

Norbert Hill Jr.

Loretta V. Metoxen

Pamela Ninham

Lisa Liggins

Elaine SkenandoreCornelius

Keith Doxtator

Oneida Trust

Enrollment Director

N/A

Brent Truttmann

Financial Analyst

N/A

Tribal officials Authorized to Provide Investment Instructions (Oneida Trust Enrollment Committee

Resolution Supporting Instruction Required):

Name (Print)

Debra Danforth

Barbara “Bobbi”

Webster

Signature

Title

Oneida Trust

Enrollment

Chairwoman

Oneida Trust

Enrollment ViceChairwoman

Election Date

Term

July 2018

3 yrs

July 2017

3 yrs

Public Packet

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BC Resolution # __________

Office of Special Trustee – Sign Off Authority

Page 3 of 3

Oneida Trust

Enrollment

Secretary

Trust Enrollment

Director

Geraldine Danforth

Keith Doxtator

Brent Truttmann

3 yrs

N/A

Tribal officials Authorized to Initiate Disbursements (Oneida Trust Enrollment Committee Resolution

Supporting Instruction Required):

Name (Print)

Debra Danforth

Barbara “Bobbi”

Webster

Geraldine Danforth

Financial Analyst

July 2018

Signature

Title

Oneida Trust

Enrollment

Chairwoman

Oneida Trust

Enrollment ViceChairwoman

Oneida Trust

Enrollment

Secretary

Election Date

Term

July 2018

3 yrs

July 2017

3 yrs

July 2018

3 yrs

Keith Doxtator

Trust Enrollment

Director

N/A

Brent Truttmann

Financial Analyst

N/A

Public Packet

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Oneida Business Committee Agenda Request

Adopt resolution entitled Support H.R. Bill 3467 Remove the Stain Act

1. Meeting Date Requested:

11 / 27 / 19

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

The Business Committee's adoption of resolution "Support H.R. Bill 3467 Remove the Stain".

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Simone Ninham, Executive Assistant / Office of Secretary Summers, OBC

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

The Business Committee was asked by Oneida veterans to support this bill and the Business Committee was presented a

recommendation by Intergovernmental Affairs for support. On November 13, the Business Committee supported the

recommendation from Intergovernmental Affairs to support the bill. I am respectfully requesting the Business Committee to adopt

the resolution.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

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116TH CONGRESS

1ST SESSION

H. R. 3467

To rescind each Medal of Honor awarded for acts at Wounded Knee Creek

on December 29, 1890, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 25, 2019

Mr. HECK (for himself, Mr. COOK, Ms. HAALAND, Ms. DAVIDS of Kansas, Mr.

KILDEE, and Mr. LUJÁN) introduced the following bill; which was referred to the Committee on Armed Services

A BILL

To rescind each Medal of Honor awarded for acts at Wounded Knee Creek on December 29, 1890, and for other

purposes.

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Remove the Stain

5 Act’’.

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SEC. 2. FINDINGS.

Congress finds as follows:

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(1) The Medal of Honor is the highest military

award of the United States.

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(2) Congress found that to earn the Medal of

Honor ‘‘the deed of the person . . . must be so out-

standing that it clearly distinguishes his gallantry

beyond the call of duty from lesser forms of brav-

ery’’.

(3) The actions of Medal of Honor recipients

inspire bravery in those currently serving in the

Armed Forces and those who will come to serve in

the future.

(4) Those listed on the Medal of Honor Roll

have come to exemplify the best traits of members

of the Armed Forces, a long and proud lineage of

those who went beyond the call of service to the

United States of America.

(5) To date the Medal of Honor has been

awarded only 3,522 times, including only 145 times

for the Korean War, 126 times in World War I, 23

times during the Global War on Terror, and 20

times for the massacre at Wounded Knee.

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(6) The Medal of Honor is awarded in the

name of Congress.

(7) As found in Senate Concurring Resolution

153 of the 101st Congress, on December 29, 1890

the 7th Cavalry of the United States engaged a trib-

al community ‘‘resulting in the tragic death and in-

•HR 3467 IH

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jury of approximately 350–375 Indian men, women,

and children’’ led by Lakota Chief Spotted Elk of

the Miniconjou band at ‘‘Cankpe’ Opi Wakpa’’ or

‘‘Wounded Knee Creek’’.

(8) This engagement became known as the

‘‘Wounded Knee Massacre’’, and took place between

unarmed Native Americans and soldiers, heavily

armed with standard issue army rifles as well as

four ‘‘Hotchkiss guns’’ with five 37 mm barrels ca-

pable of firing 43 rounds per minute.

(9) Nearly two-thirds of the Native Americans

killed during the Massacre were unarmed women

and children who were participating in a ceremony

to restore their traditional homelands prior to the

arrival of European settlers.

(10) Poor tactical emplacement of the soldiers

meant that most of the casualties suffered by the

United States troops were inflicted by friendly fire.

(11) On January 1st, 1891, Major General Nel-

son A. Miles, Commander of the Division of Mis-

souri, telegraphed Major General John M. Schofield,

Commander-in-Chief of the Army notifying him that

‘‘[I]t is stated that the disposition of four hundred

soldiers and four pieces of artillery was fatally defec-

tive and large number of soldiers were killed and

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wounded by the fire from their own ranks and a very

large number of women and children were killed in

addition to the Indian men’’.

(12) The United States awarded 20 Medals of

Honor to soldiers of the U.S. 7th Cavalry following

their participation in the Wounded Knee Massacre.

(13) In 2001, the Cheyenne River Sioux Tribe,

a member Tribe of the Great Sioux Nation, upon in-

formation provided by Lakota elders and by vet-

erans, passed Tribal Council Resolution No. 132–01,

requesting that the Federal Government revoke the

Medals of Honor from the soldiers of the United

States Army, 7th Cavalry issued following the mas-

sacre of unarmed men, women, children, and elderly

of the Great Sioux Nation on December 29, 1890,

on Tribal Lands near Wounded Knee Creek.

(14) The National Congress of American Indi-

ans requested in a 2007 Resolution that the Con-

gress ‘‘renounce the issuance of said medals, and/or

to proclaim that the medals are null and void, given

the atrocities committed upon unarmed men, women,

children and elderly of the Great Sioux Nation’’.

(15) General Miles contemporaneously stated

that a ‘‘[w]holesale massacre occurred and I have

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never heard of a more brutal, cold-blooded massacre

than that at Wounded Knee’’.

(16) Allowing any Medal of Honor, the United

States highest and most prestigious military decora-

tion, to recognize a member of the Armed Forces for

distinguished service for participating in the mas-

sacre of hundreds of unarmed Native Americans is

a disservice to the integrity of the United States and

its citizens, and impinges on the integrity of the

award and those who have earned the Medal since.

SEC. 3. RESCISSION OF MEDALS OF HONOR AWARDED FOR

ACTS AT WOUNDED KNEE CREEK ON DECEM-

BER 29, 1890.

(a) IN GENERAL.—Each Medal of Honor awarded for

15 acts at Wounded Knee Creek, Lakota Pine Ridge Indian

16 Reservation, South Dakota, on December 29, 1890, is re17 scinded.

(b) MEDAL OF HONOR ROLL.—The Secretary con-

19 cerned shall remove the name of each individual awarded

20 a Medal of Honor for acts described in subsection (a) from

21 the Army, Navy, Air Force, and Coast Guard Medal of

22 Honor Roll maintained under section 1134a of title 10,

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23 United States Code.

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2 may be required to return to the Federal Government a

3 Medal of Honor rescinded under subsection (a).

(d) NO DENIAL OF BENEFITS.—This Act shall not

5 be construed to deny any individual any benefit from the

6 Federal Government.

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # __________

Support H.R. Bill 3467 Remove the Stain Act

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,

we adopt this resolution in support of the H.R. Bill 3467, otherwise known as “Remove the

Stain” Act, which would officially rescind 20 Medals of Honor originally awarded to

members of the U.S. 7th Cavalry for their actions stemming from the Wounded Creek

Massacre; and

WHEREAS,

on December 29, 1890, around 350-375 unarmed Lakota men, women, and children were

killed in a massacre committed by the U.S. 7th Cavalry while participating in a ceremony

intended to restore their traditional homelands of Cankpe’ Opi Wakpa, or Wounded Knee

Creek, to their pre-settler state; and

WHEREAS,

the Medal of Honor is the highest military award of the United States, awarded sparingly

and only to the bravest of the brave, and there are members of the Oneida Nation who

have received this significant honor reflecting acknowledgement of their actions on behalf

of the United States in carrying out their duties to protect others, avert harm, rescue injured,

and similar heroic actions; and

WHEREAS,

the atrocities committed in this tragedy are unbecoming of the social and moral constraints

of humanity, do not reflect the honor and dignity of the United States or any of its military

branches, and are certainly not actions consistent with the award of a Medal of Honor; and

WHEREAS,

it is actions like these that have contributed to the long-lasting effects of historical trauma

experienced amongst tribal communities for generations, whether experienced through the

individual Native Nation or through the community of Native Nations; and

WHEREAS,

one of the Oneida Business Committee’s priorities, evidenced in its long standing mission,

vision and values, and an inherent part of our culture and history, is the promotion of the

importance of YethiyaɁtahni·látseɁ -making us strong physically, emotionally, mentally,

and spiritually- this bill provides an opportunity to right the wrongs of history and contributes

to correcting the historical inaccuracies captured in much of United States history

surrounding Indigenous Peoples;

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BC Resolution # _______

Support H.R. Bill 3467 Rem ove the Stain Act

Page 2 of 2

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee, on behalf of the Oneida

Nation, its members, and all veterans of the Oneida Nation, supports H.R. Bill 3467: Remove the Stain Act

and encourages its adoption into law.

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Adopt resolution entitled CY 2020 County Tribal Law Enforcement Grant - Brown County

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Adopt resolution entitled CY 2020 County Tribal Law Enforcement Grant - Outagamie County

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Accept the November 4, 2019, regular Finance Committee meeting minutes

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INTERNAL MEMO

TO:

Finance Committee

FR:

Denise J. Vigue, Executive Assistant

DT:

11/5/19

RE:

E-Poll Results - FC Meeting Minutes of Nov. 4, 2019

An E-Poll vote of the Finance Committee was conducted to approve the Finance

Committee meeting minutes of November 4, 2019. The E-Poll and minutes were sent

out yesterday and the E-Poll was concluded today. The results of the completed E-Poll

are as follows:

E-POLL RESULTS:

T her e was a M aj or it y of

FC m em ber s v ot i ng t o a p pr o v e t he N o v. 4 , 2 01 9

Fi na nc e C om m itt ee M ee t in g M i n ut es . F C M em ber s vo t in g i nc l ud e d: C h ad F us s ,

J en n if er W ebs ter , L ar r y B a r to n , Da n ie l G u zm an K in g, an d P a tr ic k S te ns lof f .

These Finance Committee Minutes of Nov. 4, 2019 will be placed on the next Finance

Committee agenda of Nov. 18, 2019 to ratify this E-Poll action. Per the FC By-Laws all

Minutes of the FC will be submitted to the Secretary’s Office once a month for Council

acceptance.

E-Polls of the Finance Committee meeting minutes is part of the FC By-Laws and approval conducted per the FC

SOP’s on Electronic Voting.

Finance Administration Office

Phone: 920- 869-4325

FAO@oneidanation.org

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FINANCE COMMITTEE

FC REGULAR MEETING

NOV. 4, 2019 ▪ Time: 9:00 A.M.

BC Executive Conference Room

REGULAR MEETING MINUTES

FC REGULAR MEETING:

Patricia King, Treasurer/FC Chair

Jennifer Webster, BC Council Member

Chad Fuss, Gaming AGM; GGM Alt.

Larry Barton, CFO/FC Vice-Chair

Daniel Guzman King, BC Council Member

Patrick Stensloff, Purchasing Director

UNEXCUSED: Shirley Barber, FC Elder Member

OTHERS PRESENT: Jason W. Doxtator, Lucy Neville, Dave Cluckey, David Emerson, Henri Cornelius,

Tim Skenandore, Linda Jenkins, Sharon Mousseau, Jennifer Hill-Kelly, Rosa Laster, Michelle Danforth

and Denise J. Vigue taking Minutes

CALL TO ORDER: The FC Regular Meeting was called to order by the FC Chair at 9:01 A.M.

II.

APPROVAL OF AGENDA: NOVEMBER 4, 2019

Motion by Jennifer Webster to approve the Nov. 4, 2019 FC Meeting Agenda with seven (7) ADD

On’s under the Community Fund. Seconded by Chad Fuss. Motion carried unanimously.

III.

APPROVAL OF MINUTES: OCTOBER 14, 2019 (Approved via E-Poll on 10/15/19):

Motion by Jennifer Webster to ratify the FC E-Poll action taken on Oct. 15, 2019 approving the

Oct. 14, 2019 Finance Committee Meeting Minutes. Seconded by Patrick Stensloff. Motion carried

unanimously.

IV.

TABLED BUSINESS:

Motion by Larry Barton to remove the following item from the table for discussion. Seconded by

Jennifer Webster. Motion carried unanimously.

1. FY20 Blanket PO - BayCom, Inc -Maintenance

Dave Cluckey, MIS Administration

Amount: $89,610.16

Dave was present and explained this maintenance request, includes the annual licensing fee and

this supports the Business Units and buildings; this also includes some equipment if needed.

Motion by Larry Barton to approve the FY20 Blanket Purchase Order for BayCom, Inc for

maintenance in the amount of $89,610.16. Seconded by Daniel Guzman-King. Motion carried

unanimously.

Motion by Jennifer Webster to remove the following item from the table for discussion. Seconded

by Larry Barton. Motion carried unanimously.

2. FY20 Blanket PO Increase – Access Inc -54 One Stop

Jason Doxtator, MIS

Page 1 of 7

Finance Committee Meeting Minutes of Nov. 4, 2019

Amount: $1,922.

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Jason explained they previously brought up the blanket for all Retail areas except the 54 One Stop;

increase is to include this area and it is for uninterrupted power in the case of an outage.

Motion by Jennifer Webster to approve the FY20 Blanket Purchase Order Increase with Access Inc

in the amount of $1,922.00. Seconded by Larry Barton. Motion carried unanimously.

CAPITAL EXPENDITURES:

IGT – (8) Trial Games

David Emerson, Gaming – Slots

Amount: $142,232.

David explained these are games they received on trial last July, they are doing very well and now

with the FY20 budget passed they want to purchase; vendor also offers free upgrades as needed.

these are games at the Main Casino.

Motion by Jennifer Webster to approve the request for IGT (8) Trial Games purchase in the

amount of $142,232.00. Seconded by Patrick Stensloff. Motion carried unanimously.

VI.

COMMUNITY FUND:

REPORTS:

1. Community Fund Monthly Report for November 2019

Denise J. Vigue, Finance

Motion by Jennifer Webster to accept the Community Fund report for November 2019. Seconded

by Patrick Stensloff. Motion carried unanimously.

REQUESTS:

Air Force Gymnastics Academy class fees

Requester: Eliza Skenandore for son, Anthony

Amount: $360.

Motion by Jennifer Webster to approve from the Community Fund the Air Force Gymnastics

Academy class fees for the son of the requester in the amount of $360.00. Seconded by Patrick

Stensloff. Motion carried unanimously.

Southwest Youth Basketball Organization team fees

Requester: Luther Laster for son, Mason

Amount: $125.

Motion by Larry Barton to approve from the Community Fund the Southwest Youth Basketball

Organization team fees for the son of the requester in the amount of $125.00 Seconded by Chad

Fuss. Motion carried unanimously.

One Wisconsin Volleyball Club fees

Requester: Reva Danforth for daughter, Lilliani

Amount: $500.

Motion by Patrick Stensloff to approve from the Community Fund the One Wisconsin Volleyball

Club fees for the daughter of the requester in the amount of $500.00. Seconded by Jennifer

Webster. Motion carried unanimously.

Southwest Girls Youth Basketball team fees

Requester: Kateri Danforth for daughter, Mataya

Amount: $90.

Motion by Jennifer Webster to approve from the Community Fund the Southwest Girls Youth

Basketball team fees for the daughter of the requester in the amount of $90.00. Seconded by

Patrick Stensloff. Motion carried unanimously.

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Green Bay Elite Cheer class fees

Requester: Amanda Danforth for daughter, Karmyn

Amount: $500.

Motion by Larry Barton to approve from the Community Fund the Green Bay Elite Cheer class fees

for the daughter of the requester in the amount of $500.00. Seconded by Jennifer Webster.

Motion carried unanimously.

Madeline Graves Gymnastics Lessons

Requestor: Barbara Swift for daughter, Victoria

Amount: $500.

Motion by Jennifer Webster to approve from the Community Fund the Madeline Graves

Gymnastics lessons for the daughter of the requester in the amount of $500.00. Seconded by

Chad Fuss. Motion carried unanimously.

YMCA Gymnastics & Little Yogi’s class fees

Requester: Margaret VandenHeuvel for son, Jack

Amount: $85.50

Motion by Larry Barton to approve from the Community Fund the YMCA class fees for the two

sons of the requester in the amount of $85.50 each and the Driveway Dreamers fees for the son of

the requester in the amount of $64.50. Seconded by Patrick Stensloff. Motion carried

unanimously.

YMCA Gymnastics & Little Yogi’s class fees

Requester: Margaret VandenHeuvel for son, Sawyer

Amount: $85.50

- See Motion in Community Fund request #7.

Driveway Dreamers Basketball Registration

Requester: Margaret VandenHeuvel for son, Gage

Amount: $64.50

- See Motion in Community Fund request #7.

10. F.I.R.E. Fitness class fees

Requester: Chad Metoxen

Amount: $445.50

Motion by Jennifer Webster to approve from the Community Fund the F.I.R.E. Fitness class fees

for the requester in the amount of $445.50. Seconded by Larry Barton. Motion carried

unanimously.

11. 2020 FBMI Missions Trip -Japan-registration

Requester: Rebecca Schommer for son, Joshua

Amount: $500.

Motion by Larry Barton to approve from the Community Fund the 2020 FBMI Missions Trip -Japanregistration and non-travel related costs for the son of the requester in the amount of $500.00.

Seconded by Daniel Guzman-King. Motion carried unanimously.

12. 2020 FBMI Missions Trip -Japan-registration

Requester: Rebecca Schommer

Amount: $500.

Motion by Larry Barton to approve from the Community Fund the 2020 FBMI Missions Trip -Japanregistration and non-travel related costs for the requester in the amount of $500.00. Seconded by

Daniel Guzman-King. Motion carried unanimously.

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13. STARZ Gymnastics Academy class fees

Requester: Jolina Silva for daughter, Lavinia

Amount: $500.

Motion by Jennifer Webster to approve from the Community Fund the STARZ Gymnastics

Academy class fees for the daughter of the requester in the amount of $500.00. Seconded by

Larry Barton. Motion carried unanimously.

14. Kroc Center Gymnastics class fees

Requester: Tabitha Hill for daughter, Ruthee

Amount: $500.

Motion by Jennifer Webster to approve from the Community Fund the Kroc Center Gymnastics

class fees for the daughter of the requester in the amount of $500.00. Seconded by Larry Barton.

Motion carried unanimously.

15. LRO Chili & Corn Soup Fundraiser

Requester: Jennifer Falck

Amount: 4 Cases

Motion by Chad Fuss to approve from the Community Fund the Coca-Cola Product request for 4

cases of product for the LRO Chili & Corn Soup Fundraiser. Seconded by Patrick Stensloff.

Motion carried unanimously.

16. One WI Volleyball registration fees

Requester: David De Leon for daughter, Dulcinea

Amount: $500.

Motion by Larry Barton to approve from the Community Fund the One Wisconsin Volleyball Club

fees for the daughter of the requester in the amount of $500.00. Seconded by Jennifer Webster.

Motion carried unanimously.

17. Southwest Girls Youth Basketball team fees

Requester: Lesley Ness for daughter, Millyana

Amount: $100.

Motion by Larry Barton to approve from the Community Fund the Southwest Girls Youth

Basketball team fees for the daughter of the requester in the amount of $90.00. Seconded by

Patrick Stensloff. Motion carried unanimously.

18. American Jr. Golf Association Registration

Requester: Jennifer Hill Kelly for daughter, Sadie

Amount: $459.

Motion by Jennifer Webster to approve from the Community Fund the American Jr. Golf

Association registration fees for the daughter of the requester in the amount of $459.00.

Seconded by Patrick Stensloff. Motion carried unanimously.

19. ADD On: YMCA Swim Class Registration

Amount: $500.

Requester: K & J Zacarias Skenandore for daughter, Yutlanatahuhsatate

Motion by Larry Barton to approve from the Community Fund the YMCA Swim class registration

fees for the two daughters of the requester in the amount of $500.00 each. Seconded by Jennifer

Webster. Motion carried unanimously.

20. ADD On: YMCA Swim Class Registration

Requester: K & J Zacarias Skenandore for daughter, Yeyewate

- SEE Motion in CF Request #19.

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21. ADD On: Askren Wrestling Academy registration

Requester: Brandy John for son, Dion

Amount: $500.

Motion by Jennifer Webster to approve from the Community Fund the Askren Wrestling Academy

registration fees for the son of the requester in the amount of $500.00. Seconded by Patrick

Stensloff. Motion carried unanimously.

22. ADD On: YMCA Gymnastics & Basketball fees

Requester: Constance Danforth for daughter, Lenna

Amount: $164.

Motion by Jennifer Webster to approve from the Community Fund the YMCA fees for the three

children of the requester in the amounts as requested. Seconded by Chad Fuss. Motion carried

unanimously.

23. ADD On: YMCA Gymnastics class fees

Requester: Constance Danforth for daughter, Taneal

Amount: $97.

- SEE Motion in CF Request #22.

24. ADD On: YMCA Football & Mini Ninjas class fees

Requester: Constance Danforth for son, Niles

Amount: $58.

- SEE Motion in CF Request #22.

25. ADD On: ONHS Basketball Team fundraiser

Requester: Luther Laster

Amount: $750.

Motion by Larry Barton to approve from the Community Fund the ONHS Basketball Team

fundraiser for the requester in the amount of $750.00 and 10 Cases of Product, provided the

requestor provide a Product Request Form and itemized food list. Seconded by Daniel GuzmanKing. Motion carried unanimously.

VII.

NEW BUSINESS:

FY20 Blanket PO – Vertiv Services, Inc.

Timothy Skenandore, Gaming – Facilities

Amount: $90,000.

Tim was present and explained this is year two of a three-year contract; this is for backup for the

power if there is an outage; there was a discussion to combine like services like this across the

Nation in 2021; Time noted that the contract can be amended if needed.

Motion by Larry Barton to approve the FY20 Blanket Purchase Order with Vertiv Services, Inc. in

the amount of $90,000.00. Seconded by Patrick Stensloff. Motion carried unanimously.

Motion by Larry Barton to ask requester to work with other departments to combine these

services for 2021 so one single contract can be brought forward. Seconded by Jennifer Webster.

Motion carried unanimously.

FY20 Blanket PO – Lords Dental Lab

Henrietta Cornelius, OCHC – Dental

Amount: $96,000.

Henrietta was present and provided details of this sole source contract; there are other labs they

use but this is the only vendor that supplies multiple services that Dental needs.

Motion by Patrick Stensloff to approve the FY20 Blanket Purchase Order with Lords Dental Lab in

the amount of $96,000.00. Seconded by Daniel Guzman-King. Motion carried unanimously.

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Willis Towers Watson – Contract Amendment

Lucy Neville, Gaming – Employee Services

Amount: $82,000.

Lucy explained this amendment is to have this vendor complete their market study to ID gaps in

wages and to provide competitive wage recommendations; there was a discussion on HRD review

of information and if they approve knowing other areas of the Nation will not be included if there

are changes; Lucy will get a letter of support from HRD and send to the FC.

Motion by Patrick Stensloff to approve the Willis Towers Watson Contract Amendment in the

amount of $82.000.00. Seconded by Larry Barton. Motion carried unanimously.

Amerind Risk Mgmt.-Insurance

Dana McLester, Comp. Housing Division

Amount: $147,526.

Don explained this is for mandatory insurance coverage of all income based residential units and

other buildings that fall under the federal grant funds; FC asked him to remind area to get their

annual insurance for the rest of housing in soon and not wait until the end of the year.

Motion by Patrick Stensloff to approve the Amerind Risk Management Insurance Premium

payment in the amount of $147,526.00. Seconded by Jennifer Webster. Motion carried

unanimously.

FY20 Blanket PO – Reinhart Foods

Sharon Mousseau, Oneida Tribal Schools

Amount: $210,000.

Sharon explained this will be covered by the DPI grant and is a sole source; she requested quotes

from other vendors and only received this one; there was a discussion on getting all the areas that

purchase food together to again combine like services for maximum cost savings; requester also

should contact the granting agency to get a written approval of sole source & send to the FC.

Motion by Larry Barton to approve the FY20 Blanket Purchase Order with Reinhart Foods in the

amount of $210,000.00. Seconded by Jennifer Webster. Motion carried unanimously.

Axon Enterprises, Inc.-Body Worn Cameras

Eric Boulanger, Oneida Police Department

Amount: $51,315.

April noted the current equipment serviced by company that went out of business, this vendor

took over and will be able to provide new equipment and service it; this is year one of a 5-year

agreement; next year will also combine tasers and squad cameras. This is from a grant fund so will

also need a letter from granting agency with approval of sole-source use & send it to the FC.

Motion by Larry Barton to approve the Axon Enterprises, Inc purchase in the amount of

$51,315.00 contingent upon receiving a notice from the granting agency of their approval of this

as a sole-source. Seconded by Patrick Stensloff. Motion carried unanimously.

Brown County Treasurer

Eric Boulanger, Oneida Police Department

Amount: $67,953.

April explained this is for the use of radio communications from Brown County; OPD current

utilizes communications from Outagamie County, but they have some no coverage areas which

creates problems; partial funded from grant and the rest with tribal contribution.

Motion by Jennifer Webster to approve the Brown County Treasurer payment in the amount of

$67,953.00. Seconded by Larry Barton. Motion carried unanimously.

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Bally Technologies – Annual Maintenance

Don DeChamps, Gam-MIS

Amount: $820,000.

Chad noted this contract has been in place since 2009 and is the maintenance cost for all the

software and updates of new software.

Motion by Patrick Stensloff to approve the Annual Maintenance costs with Bally Technologies in

the amount of $820,000.00. Seconded by Larry Barton. Motion carried unanimously.

VIII.

EXECUTIVE SESSION: None

IX.

FOLLOW UP: None

FOR INFORMATION ONLY: None

XI.

ADJOURN: Motion by Patrick Stensloff to adjourn. Seconded by Chad Fuss.

unanimously. Time: 10:13 A.M.

Minutes transcribed by:

Denise J. Vigue, Executive Assistant to the CFO

& Finance Committee Contact/Recording Secretary

Finance Committee Approval Date of Minutes via E-Poll:

November 5, 2019

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Finance Committee Meeting Minutes of Nov. 4, 2019

Motion carried

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INTERNAL MEMO

TO:

Finance Committee

FR:

Denise J. Vigue, Executive Assistant

DT:

11/19/19

RE:

E-Poll Results - FC Meeting Minutes of Nov. 18, 2019

An E-Poll vote of the Finance Committee was conducted to approve the Finance

Committee meeting minutes of November 18, 2019. The E-Poll and minutes were sent

out yesterday and the E-Poll was concluded today. The results of the completed E-Poll

are as follows:

E-POLL RESULTS:

T her e wa s a M aj o r i t y of

F C m em ber s v ot i ng t o a p pr o ve th e No v . 1 8 , 2 0 19

Fi na nc e Com m itte e M ee t in g M i nu tes . F C M e m ber s v o ti n g i nc lu d ed : Lar r y Bar t on ,

Ch a d F us s , D a n ie l G u zm a n Ki n g, a n d P atr ic k St ens l of f .

These Finance Committee Minutes of Nov. 18, 2019 will be placed on the next Finance

Committee agenda of Dec. 2, 2019 to ratify this E-Poll action. Per the FC By-Laws all

Minutes of the FC will be submitted to the Secretary’s Office once a month for Council

acceptance.

E-Polls of the Finance Committee meeting minutes is part of the FC By-Laws and approval conducted per the FC

SOP’s on Electronic Voting.

Finance Administration Office

Phone: 920- 869-4325

FAO@oneidanation.org

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FINANCE COMMITTEE

FC REGULAR MEETING

FC WORK MEETING

Nov. 18, 2019 ▪ Time: 9:00 A.M.

BC Executive Conference Room

Nov. 18, 2019 ▪ Time: 10:30-11:00 A.M.

BC Executive Conference Room

REGULAR MEETING MINUTES

FC WORK MEETING:

Patricia King, FC Chair/Treasurer

Daniel Guzman King, BC Council Member

Patrick Stensloff, Purchasing Director

Larry Barton, FC Vice-Chair/CFO

Chad Fuss, AGGM-Gaming (GGM-Gaming, Alt.)

EXCUSED: Jennifer Webster, BC Council Member and Shirley Barber, FC Elder Member

OTHERS PRESENT: Denise J. Vigue taking notes

FC REGULAR MEETING:

Patricia King, FC Chair/Treasurer

Daniel Guzman King, BC Council Member

Patrick Stensloff, Purchasing Director

Larry Barton, FC Vice-Chair/CFO

Chad Fuss, AGGM-Gaming (GGM-Gaming, Alt.)

EXCUSED: Jennifer Webster, BC Council Member and Shirley Barber, FC Elder Member

OTHERS PRESENT: Julia McLester, Edward Metoxen, Paul Witek, David Emerson, Michele Doxtator

and Denise J. Vigue taking Minutes

CALL TO ORDER: The Regular FC Meeting was called to order by the FC Chair at 9:00 A.M.

II.

APPROVAL OF AGENDA: NOVEMBER 18, 2019

Motion by Chad Fuss to approve the Finance Committee meeting agenda of NOVEMBER. 18,

2019 with one ADD On request under Donations. Seconded by Larry Barton. Motion carried

unanimously.

III.

APPROVE E-POLL OF MINUTES: NOVEMBER 4, 2019 (Approved via E-Poll on 11/5/19):

Motion by Patrick Stensloff to ratify the FC E-Poll action taken on Nov. 5, 2019 approving the

Nov. 4, 2019 Finance Committee Meeting Minutes. Seconded by Daniel Guzman King.

Motion carried unanimously.

IV.

APPROVE SPECIAL E-POLL: NOVEMBER 5, 2019 (Approved on 11/6/19):

1. FC Procedural Exception for Cap Ex Carryover from FY19 to FY20

Michelle M. Danforth-Anderson, Big Bear Media-Print Operations

Motion by Chad Fuss to ratify the FC Special E-Poll action taken on Nov. 6, 2019 approving the FC

Procedural Exception for Cap Ex Carryover from FY19 to FY20. Seconded by Daniel Guzman King.

Motion carried unanimously.

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TABLED BUSINESS: NONE

VI.

CAPITAL EXPENDITURES:

1. Aristocrat – (16) Slot Machines w/extras

David Emerson, Gaming – Slots Dept.

Amount: $302,560.

David was present and described their annual purchase of slot machines done at this time to take

advantage of large discounts; most machines to go in Main Casino and West Mason Street Casino;

this is also their annual purge of older and obsolete machines currently on the floor.

Motion by Patrick Stensloff to approve the Gaming Capital Expenditures #1 Through #6 in the

amounts as requested. Seconded by Daniel Guzman King. Motion carried unanimously.

2. Incredible Technologies – (5) Slot Machines w/extras

David Emerson, Gaming – Slots Dept.

Amount: $194,218.40

- See Motion in Capital Expenditure Request #1.

3. IGT – (17) Slot Machines w/discounts

David Emerson, Gaming – Slots Dept.

Amount: $353,158.

- See Motion in Capital Expenditure Request #1.

4. Everi – (10) Slot Machines w/extras

David Emerson, Gaming – Slots Dept.

Amount: $183,205.

- See Motion in Capital Expenditure Request #1.

5. Aruze – (8) Slot Games w/extras & discounts

David Emerson, Gaming – Slots Dept.

Amount: $154,360.

- See Motion in Capital Expenditure Request #1.

6. Aruze – (6) Slot Games w/extras & discounts

David Emerson, Gaming – Slots Dept.

Amount: $115,870.

- See Motion in Capital Expenditure Request #1.

VII.

DONATIONS:

REPORT:

DONATION Report for November 2019

Denise J. Vigue, Finance

Motion by Patrick Stensloff to accept the November 2019 Finance Committee Donation Report.

Seconded by Chad Fuss. Motion carried unanimously.

REQUESTS:

Oneida United Methodist Church

Requester: Raquel Hill, OUMC member

Amount: $2,500.

Motion by Larry Barton to approve from Finance Committee’s Donation line the Oneida United

Methodist Church request in the amount of $2,500.00. Seconded by Daniel Guzman King. Motion

carried unanimously.

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End Domestic Abuse WI-WI Coalition Against DV

Requester: Patti Seger, Executive Director

Amount: $2,500.

Julia McLester was present and is a member of the board; she discussed with the FC the work she

does at the Wise Women Gathering Place; End Domestic Abuse WI provides them with training and

technical assistance; they also provide this to all the nations and agencies in Wisconsin; they also

provide free legal assistance to victims of abuse.

Motion by Larry Barton to approve from the Finance Committee’s Donation line the End Domestic

Abuse WI-WI Coalition Against Domestic Violence request in the amount of $2,500.00. Seconded

by Daniel Guzman King. Motion carried unanimously.

Greater GB Foundation-Shop with a Cop-Oneida

Requester: Officer Edward M. Metoxen, OPD-DARE Prog.

Amount: $2,500.

Officer Metoxen was present and described Oneida’s involvement for over 20 years with the Shop

with a Cop Program; 80 percent from Oneida are volunteers and OPD finds this a helpful for the

youth in our community to have a positive experience with the police; other partners include TV

26 and Wal-Mart.

Motion by Chad Fuss to approve from Finance Committee’s Donation line the Greater GB

Foundation-Shop with a Cop-Oneida request in the amount of $2,500.00. Seconded by Patrick

Stensloff. Motion carried unanimously.

ADD ON: Yankton Sioux Nation – Flooding Emergency

Requester: Melinda J. Danforth, Intergovernmental Affairs

Amount: $5,000.

No one present to discuss this request; The FC noted this is more a governmental type of activity;

currently not part of the FC Donation SOP’s; Trish stated she would work with the BC to add an

emergency assistance category for other nations into the BC Special funds; the FC would need to

make a procedural exception to approve this request; it was suggested to split funding assistance

between the FC, the BC and Legislative Affairs.

Motion by Larry Barton to allow for a procedural exception to the FC’s Donation SOP’s to approve

from the Finance Committee Donation line the request in the amount of $1,500 and to refer request

to the BC and Legislative Affairs to also provide funding if possible, from their budgets. Seconded by

Chad Fuss. Motion carried unanimously.

VIII.

NEW BUSINESS:

FY20 Blanket PO – Oneida Gens Lease-Travel Center

Michele Doxtator, Retail Enterprises

Amount: $180,000.

Michele explained this is the lease payment for three years; this is the second extension of the

lease; there was a slight increase.

Motion by Chad Fuss to approve the FY20 Blanket Purchase Order for the lease space for Retail at

the Travel Center in the amount of $180,000.00. Seconded by Larry Barton. Motion carried

unanimously.

FY20 Blanket PO – IGT (28) Theme Conversions

David Emerson, Gaming-Slots Dept.

Amount: $55,982.

Dave noted this is for software and comes out of their operating budget, normally an FYI request for

transparency, but cost of Purchase Order is over the threshold amount and requires FC approval.

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Motion by Patrick Stensloff to approve the FY20 Blanket Purchase Order for twenty-eight slot

machine theme conversions in the amount of $55,982.00. Seconded by Daniel Guzman King.

Motion carried unanimously.

Gable Company – Change Order #1

Paul Witek, Engineering Dept.

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Amount: $35,454.

Paul was present and explained this is for the revisions with the West Mason Street Casino’s

exterior enhancement project; issues with design and code; change order costs are within the

project budget.

Motion by Patrick Stensloff to approve the Change Order #1 with the Gable Company in the

amount of $35,454.00 for project #16-005. Seconded by Larry Barton. Motion carried

unanimously.

Mission Support Services Contract

Paul Witek, Engineering Dept.

Amount: $162,400.

This is for the Archiquette Building’s façade replacement project to keep it weather tight; the

current artwork will be saved, removed and replaced back on; they did send out six bids with only

two responses.

Motion by Chad Fuss to approve the Mission Support Services contract for project #19-005 in the

amount of $162,400.00. Seconded by Patrick Stensloff. Motion carried unanimously.

Investment Updates: Northern Trust & Four Fires

Terry Cornelius, CFA-Finance

Terry was present and reviewed both the Northern Trust and the Four Fires investment summary

reports for the period ending September 30, 2019; one of the summaries was misnamed on the

agenda and has been corrected in the minutes.

Terry reviewed the Northern Trust summary that included a brief look at each of the Nations’

investment managers performance including by month, by three months, year to date (as of

9/30/19); fiscal year to date; 5 year and since inception earnings. Although for this time period the

market performance overall was very bad, each manager, because of their defensive nature was

either aligned with or slightly outperformed their indices. There was a discussion about socially

responsible investing, particularly with the international investments; the CFA and CFO are

reviewing our investment SOP’s now to see how to incorporate language for this for the future.

The fixed income managers had a slower rate of return, again because of the market conditions,

but were aligned with their indices as such; we have a diversified portfolio with about 67 percent

in equities, the rest in paper to balance out earnings and to mitigate losses.

Terry also reviewed the RIC Management Report prepared by Donohoe who is the managing partner

for the Four Fires investment in Washington, D.C.; he quickly recapped how ownership is structured

with Oneida being one of four tribes partnering in this investment; the four combined make up 46.8

percent ownership, with Oneida’s portion at 11 percent; our initial 3 million investment has been

retuned in dividends and now is making money for the Nation. The report indicates that the hotel did

very well for 2019 and the executive summary indicates out-performance of their budget and

earnings holding steady; one challenge was with the increase in taxes from a recent assessment, and

the property will enlist another firm to see if that can be reassessed for a lessor amount; the other

challenge is the recent refinancing of the property and the amount of debt still on the books.

Although unlikely, if the bank were to call in the debt, Oneida would be liable for 11% of the 47

million owed; Terry has been reaching out to the managing partner to find out their plan to pay down

this debt and is still awaiting their response.

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Motion by Chad Fuss to accept the investment update from Northern Trust for the period ending

Sept. 30, 2019. Seconded by Patrick Stensloff. Larry Barton abstained. Motion carried.

Motion by Chad Fuss to accept the investment update from Four Fires for the period ending Sept.

30, 2019. Seconded by Daniel Guzman King. Larry Barton abstained. Motion carried.

IX.

EXECUTIVE SESSION: NONE

FOLLOW UP: NONE

XI.

OTHER:

1. Finance Committee’s Fourth Quarter Report to the BC

Denise J. Vigue, Finance

Motion by Chad Fuss to accept the Finance Committee’s Fourth Quarter Report for FY2019 to the

Business Committee. Seconded by Patrick Stensloff. Motion carried unanimously.

XII.

FOR INFORMATION ONLY: NONE

XIII. ADJOURN: Motion by Patrick Stensloff to adjourn. Seconded by Chad Fuss. Motion carried

unanimously. Time: 10:25 A.M.

Minutes taken & transcribed by:

Denise Vigue, Executive Assistant to the CFO

& Finance Committee Contact/Recording Secretary

Finance Committee-Approval Date of Minutes via E-Poll:

November 19, 2019

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Oneida Business Committee Agenda Request

Accept the November 6, 2019, regular Legislative Operating Committee meeting minutes

1. Meeting Date Requested:

11 / 27 / 19

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Standing Committees

Accept as Information only

Action - please describe:

Accept the November 6, 2019, Legislative Operating Committee meeting minutes.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. 11/6/19 LOC Meeting Minutes

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, Councilmember

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155‐0365

Oneida‐nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

November 06, 2019

9:00 a.m.

Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Jennifer Webster, Ernest Stevens

III

Others Present: Brandon Wisneski, Clorissa Santiago, Ralinda Ninham-Lamberies, Michelle

Gordon, Trina Schuyler, Jameson Wilson, Leyne Orosco, Lee Cornelius.

Call to Order and Approval of the Agenda

David P. Jordan called the November 06, 2019, Legislative Operating Committee meeting

to order at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda; seconded by Kirby Metoxen. Motion

carried unanimously.

II.

Minutes to be Approved

Motion by Jennifer Webster to approve the October 16, 2019, Legislative Operating

Committee meeting minutes and forward to the Business Committee for consideration;

seconded by Ernest Stevens III. Motion carried unanimously.

III.

Current Business

1. Child Support Amendments (1:04-6:11)

Motion by Jennifer Webster to accept the public comments and public comment review

memorandum and forward to a work meeting for further consideration; seconded by

Ernest Stevens III. Motion carried unanimously.

2. Indian Preference in Contracting Law Amendments (6:16-8:25)

Motion by Ernest Stevens III to approve the draft and the legislative analysis for the

Indian Preference in Contracting Law Amendments; seconded by Kirby Metoxen.

Motion carried unanimously.

IV.

New Submissions

Additions

VI.

Administrative Items

1. FY19 LOC Fourth Quarter Report (8:29-12:47)

Motion by Jennifer Webster to accept the FY19 LOC Fourth Quarter Report and

forward to the Oneida Business Committee; seconded by Ernest Stevens III. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of November 06, 2019

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Executive Session

VIII. Adjourn

Motion by Ernest Stevens III to adjourn the November 06, 2019, Legislative Operating

Committee meeting at 9:15 a.m.; seconded by Daniel Guzman King. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of November 06, 2019

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Oneida Business Committee Agenda Request

Accept the Sanctions and Penalties law materials and add to the tentatively scheduled 2020 annual...

1. Meeting Date Requested:

11 / 26 / 19

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Standing Committees

Accept as Information only

Action - please describe:

Accept the Sanctions and Penalties law materials and include in the January 20, 2020, General Tribal Council

meeting packet materials for the General Tribal Council's consideration.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Sanctions & Penalties Law Memorandum

2. 3/17/19 Deferred Adoption Packet

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, Councilmember

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Clorissa N. Santiago, LRO Staff Attorney

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

See attached.

Additionally, the Legislative Operating Committee will have a multimedia presentation prepared to give at the

January 20, 2020, General Tribal Council meeting.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

GTC Resolution # _____________

Sanctions and Penalties 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 Sanctions and Penalties law (“the Law”) is to establish a consistent set

of sanctions and penalties that may be imposed upon elected and appointed officials of the

Nation for misconduct in office for the purpose of providing an opportunity for the official to

take corrective action to address the misconduct and promote accountability and improved

performance of the official; and

WHEREAS,

the Law will require an elected or appointed official of the Nation to behave in a manner

that promotes the highest ethical and moral standard; and

WHEREAS,

the Law will subject an elected or appointed official of the Nation to sanctions and penalties

for behaving in a manner that constitutes misconduct; and

WHEREAS,

the Law will provide a process for filing a complaint alleging misconduct against an elected

or appoint official, including who may file a complaint, when to file a complaint, where a

complaint may be filed, and the necessary contents of a complaint; and

WHEREAS,

the Law will prohibit retaliation against any individual who makes a complaint, is a witness

to a complaint, or offers testimony or evidence; and

WHEREAS,

the Law will require all complaints alleged against an elected or appointed official to be

handled in a confidential manner; and

WHEREAS,

the Law will delegate the responsibility to handle complaints alleged against an appointed

official to the Oneida Business Committee, due to the fact that an appointed official serves

at the discretion of the Oneida Business Committee; and

WHEREAS,

the Law will delegate the responsibility to handle complaints alleged against an elected

official to the Judiciary - Trial Court; and

WHEREAS,

the Law will allow an appeal of a decision of the Oneida Business Committee or Judiciary

- Trial Court to be made to the Nation’s Court of Appeals; and

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GTC Resolution # _______

Sanctions and Penalties Law

Page 2 of 2

WHEREAS,

the Law provides the various sanctions and penalties that may be imposed against an

elected or appointed official, and the factors that shall be used when determining the

appropriate sanctions and/or penalties to impose; and

WHEREAS,

the Law will clarify that the imposition of sanctions and/or penalties does not exempt an

official from individual liability for the underlying misconduct, and does not limit any

penalties that may be imposed in accordance with other laws; and

WHEREAS,

the Law will provide for the effect of a resignation by an elected or appointed official; and

WHEREAS,

the Law will require that the Business Committee Support Office maintain a record of

conduct in office for each elected or appointed official; and

WHEREAS,

a public meeting on the proposed Law was held on October 4, 2018, in accordance with

the Legislative Procedures Act, and the public comments were reviewed and accepted by

the Legislative Operating Committee on October 17, 2018 and October 25, 2018; and

NOW THEREFORE BE IT RESOLVED, that the Sanctions and Penalties law is hereby adopted and shall

become effective ten (10) business days after the date of the adoption of this resolution.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Sanctions and Penalties Law

Summary

This resolution adopts a Sanctions and Penalties law for the purpose of establishing a consistent

set of sanctions and penalties that may be imposed upon elected and appointed officials of the

Nation for misconduct in office for the purpose of providing an opportunity for the official to take

corrective action to address the misconduct and promote accountability and improved performance

of the official.

Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office

Date: January 7, 2019

Analysis by the Legislative Reference Office

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council through

resolution GTC-01-07-13-A for the purpose of providing a process for the adoption of laws of the

Nation. [1 O.C. 109.1-1]. This resolution adopts a Sanctions and Penalties law, which complies

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].

This resolution adopts the proposed Sanctions and Penalties law which will establish a consistent

set of sanctions and penalties that may be imposed upon elected and appointed officials of the

Nation for misconduct in office for the purpose of providing an opportunity for the official to take

corrective action to address the misconduct and promote accountability and improved performance

of the official. The Sanctions and Penalties law will:

▪ Require an elected or appointed official of the Nation to behave in a manner that promotes

the highest ethical and moral standard [1 O.C. 120.4-1];

▪ Subject an elected or appointed official of the Nation to sanctions and penalties for

behaving in a manner that constitutes misconduct [1 O.C. 120.4-2];

▪ Provide a process for filing a complaint, including:

▪ who may file a complaint [1 O.C. 120.5-1];

▪ when a complaint may be filed, [1 O.C. 120.5-2];

▪ where a complaint may be filed [1 O.C. 120.5-4]; and

▪ the necessary contents of a complaint [1 O.C. 120.5-3];

▪ Prohibit retaliation against any individual who makes a complaint, is a witness to a

complaint, or offers testimony or evidence complying with directives under this law [1

O.C. 120.5-5];

▪ Require all complaints alleged against an elected or appointed official to be handled in a

confidential manner [1 O.C. 120.5-7];

▪ Delegate the responsibility to handle complaints alleged against an appointed official to

the Oneida Business Committee, due to the fact that an appointed official serves at the

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▪

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discretion of the Oneida Business Committee, through a process which includes:

▪ The opportunity for mediation between the complainant and official whom is the

subject of the complaint [1 O.C. 120.6-3];

▪ The opportunity for the official who is the subject of the complaint to provide an

answer to the complaint [1 O.C. 120.6-4];

▪ The requirement that an Oneida Business Committee member that has a conflict of

interest in a complaint brought before the Oneida Business Committee immediately

recuse himself or herself and shall not participate in any portion of the complaint

process [1 O.C. 120.6-5];

▪ An initial review by the Oneida Business Committee to determine whether or not

the allegation made within the complaint has merit [1 O.C. 120.6-6];

▪ An investigatory hearing held by the Oneida Business Committee to determine if

there is enough evidence to substantiate the allegations of misconduct by clear and

convincing evidence [1 O.C. 120.6-8];

▪ Deliberation and determination by the Oneida Business Committee on whether

there is clear and convincing evidence that the official engaged in misconduct, and

therefore appropriate sanctions and/or penalties shall be imposed [1 O.C. 120.6-9,

120.6-10];

Delegate the responsibility to handle complaints alleged against an elected official to the

Trial Court [1 O.C. 120.7-1];

Allow for an individual to appeal the decision of the Oneida Business Committee or Trial

Court to the Nation’s Court of Appeals [1 O.C. 120.6-11, 120.7-4];

Provide sanctions and penalties that may be imposed against an elected or appointed

official [1 O.C. 120.8-2];

Provide factors to be used when determining the appropriate sanctions and/or penalties to

impose [1 O.C. 120.8-3];

Clarify that the imposition of sanctions and/or penalties does not exempt an official from

individual liability for the underlying misconduct, and does not limit any penalties that may

be imposed in accordance with other laws [1 O.C. 120.8-5];

Discuss the effect of a resignation by an elected or appointed official [1 O.C. 120.9]; and

Require that the Business Committee Support Office maintain a record of conduct in office

for each elected or appointed official [1 O.C. 120.10].

In accordance with the LPA, a public meeting on the proposed Sanctions and Penalties law was

held on October 4, 2018. Six (6) members of the community attended the public meeting with

three (3) people providing oral comments. The public comment period closed on October 11, 2018.

The Legislative Operating Committee received four (4) submissions of written comments during

the public comment period. All sixty-four (64) public comments received were accepted, reviewed,

and considered by the Legislative Operating Committee on October 17, 2018, and October 25,

2018.

The Sanctions and Penalties law will become effective ten (10) business days after the adoption of

the resolution by the General Tribal Council.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

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Analysis to Draft 4

2019 01 07

SANCTIONS AND PENALTIES

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

Oneida Business

Committee

Intent of the

Amendments

Purpose

Affected Entities

Affected

Legislation

Enforcement/Due

Process

Public Meeting

Fiscal Impact

SPONSOR:

Jennifer Webster

DRAFTER:

Clorissa N. Santiago

ANALYST:

Brandon Wisneski

To increase accountability among elected and appointed officials of the Nation,

including members of the Oneida Business Committee. This new law creates a

formal complaint process and allows for corrective actions against officials who

engage in misconduct.

To establish a consistent set of sanctions and penalties that may be imposed upon

elected and appointed officials of the Nation for misconduct in office for the

purpose of providing an opportunity for the official to take corrective action to

address the misconduct and promote accountability and improved performance of

the official [see Sanctions and Penalties, 1 O.C. 120.1-1].

All elected and appointed officials of the Nation; Any individual 18 years and older

who has knowledge that an official has committed misconduct; Oneida Business

Committee; Judiciary Trial Court; Judiciary Court of Appeals; Business Committee

Support Office. This law does not apply to the judges of the Oneida Judiciary,

whose misconduct process is located within the Judiciary Law. This law does not

apply to members of corporate boards.

Rules of Civil Procedure; Rules of Appellate Procedure; Code of Ethics; Boards,

Committees and Commissions Law; Garnishment Law; Per Capita Law; and any

of the Nation’s laws and bylaws that may be violated by an official.

Sanctions and penalties against appointed officials will be imposed by the Business

Committee. Sanctions and penalties against elected officials will be imposed by the

Trial Court. Officials accused of misconduct have the right to be represented by an

attorney or advocate. Officials also have the right to submit a written response to

the complaint, and an opportunity to appear at the investigatory hearing to answer

the allegations, provide witness testimony, documents and evidence on their behalf.

Complaints against officials must be proven by clear and convincing evidence.

A public meeting was held on October 4, 2018.

See fiscal impact statement prepared by Finance Dept. in accordance with the

Legislative Procedures Act.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. When an official of the Nation commits misconduct while in office, there are few remedies available

for the Nation to discipline that official. Currently, appointed officials may have their appointment

terminated by the Business Committee, and elected officials may be removed in accordance with the

Removal Law. However, there may be instances of misconduct that do not rise to the level of removal.

In these cases, other remedies such as verbal reprimands, fines, or suspensions may be more

appropriate.

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B. This law creates a formal complaint process that gives all tribal members an opportunity to file

complaints while ensuring that due process rights for those accused are protected. This law also creates

a range of potential sanctions and penalties for officials who violate the laws of the Nation or commit

other forms of misconduct.

C. During the Special Election held on July 9, 2016, the following referendum question was approved by

a vote of 178 to 59: “Should the BC develop a law which provides for sanctions and due process for

elected officials?” The Election Law requires the Oneida Business Committee to present referendum

questions that receive a majority vote to the General Tribal Council (GTC) for discussion and action

[see Election Law 1 O.C. 102.12-9(c)].

D. This law will apply to elected and appointed officials of the Nation, including members of the following

entities:

ELECTED

APPOINTED

 Anna John Resident Centered Care Community

 Oneida Business Committee

Board (AJRCCC)

 Oneida Election Board

 Audit Committee (1 community member seat)

 Oneida Gaming Commission

 Environmental Resource Board (ERB)

 Oneida Land Claims Commission

 Finance Committee (1 community member seat)

 Oneida Land Commission

 Oneida Nation Commission on  Oneida Community Library Board

 Oneida Nation Arts Board

Aging (ONCOA)

 Oneida Personnel Commission

 Oneida Nation School Board

 Oneida Police Commission

 Trust Enrollment Committee

 GTC Legal Resource Center  Oneida Pow Wow Committee

 Oneida Nation Veterans Affairs Committee

Advocates and Attorney

(ONVAC)

 Pardon and Screening Forgiveness Committee

 Southeastern WI Oneida Tribal Services Advisory

Board (SEOTS)

 Oneida Youth Leadership Institute Board of

Directors

*This law does not apply to members of the Judiciary or corporate entities of the Nation.

SECTION 3. CONSULTATION AND OUTREACH

A. The Rules of Civil Procedure, Rules of Appellate Procedure, Judiciary Law, Code of Ethics, Open

Meetings and Open Records Law, and the Boards, Committees and Commissions Law were reviewed

in drafting this analysis. In addition, the following laws were reviewed in drafting this analysis:

 Ho Chunk Nation Code of Ethics 2 HCC 1;

 Oglala Sioux Tribe Code of Ethics Ordinance No. 08-11;

 Pokagon Band of Potawatomi Indians Ethics Code;

 Rosebud Sioux Tribal Code of Ethics Ordinance 86-04;

 Siletz Tribal Council Ethics Ordinance –Siletz Tribal Code 2.200;

 Skokomish Code of Ethics S.T.C. 1.05;

 Pit River Tribal Government Code of Conduct Section 80.

B. The Business Committee Support Office, Records Management Department, Human Resources

Department and representatives from the following Boards, Committees and Commissions were

consulted in the development of this law and analysis:

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 Anna John Resident Centered Care Community Board (AJRCCC);

 Election Board;

 Environmental Resource Board (ERB);

 Gaming Commission;

 Land Commission;

 Police Commission;

 Pow-wow Committee;

 Trust Enrollment Committee;

 Oneida Nation Veterans Affairs Committee (ONVAC).

C. A community pot-luck meeting was held on May 3, 2018 to gather community input on this law. Sixteen

(16) people attended this meeting.

SECTION 4. PROCESS

A. Thus far, this law has followed the process set forth in the Legislative Procedures Act (LPA).

B. The law was originally added to the Active Files List on October 15, 2014 and was carried over from

the previous term. The law was re-added to the Active Files List on September 6, 2017.

C. At the time this legislative analysis was developed, the following work meetings had been held

regarding the most recent efforts to develop this law and legislative analysis:

 September 6, 2017: LOC work meeting.

 November 1, 2017: LOC work meeting with representatives from the following boards, committees

and commissions: Police Commission, Trust Enrollment Committee, Election Board, Land

Commission, Oneida Gaming Commission, Pow-wow Committee. All boards, committees and

committees were invited to attend this work meeting.

 December 6, 2017: LOC work meeting.

 March 9, 2018: LOC work meeting.

 May 3, 2018: Community pot-luck meeting with LOC, Oneida community members, BC Support

Office, and representatives from the following boards, committees and commissions: Police

Commission, ONVAC, ERB, AJRCCC, and Gaming Commission. All boards, committees and

commissions were invited to attend this meeting.

 May 11, 2018: LOC work meeting.

 July 9, 2018: Work meeting with BC Support Office.

 August 1, 2018: LOC work meeting.

 October 17, 2018: LOC work meeting.

 October 25, 2018: LOC work meeting.

 December 20, 2018: Work meeting with Cultural Heritage.

SECTION 5. CONTENTS OF THE LEGISLATION .

A. What Qualifies as Misconduct. The Oneida Nation expects elected and appointed officials to uphold

high ethical and moral standards. Officials who engage in misconduct may be subject to sanctions and

penalties. This section describes what behaviors could be considered misconduct [see Sanctions and

Penalties 120.4]. Under this law, the definition of misconduct is very broad and includes any of the

following:

 Violating the Oneida Constitution or any law, policy or rule of the Oneida Nation.

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o Examples include the Code of Ethics and Conflict of Interest Law.

 Violating the bylaws or standard operating procedures of the board the official serves on.

 Being convicted of a felony under federal or Wisconsin law, or being convicted of a crime

elsewhere that would be considered a felony in the state of Wisconsin or the United States.

 Any other activity that does not uphold the moral and ethical standards expected of the Nation’s

officials.

B. Filing a Complaint. Under this law, anyone eighteen (18) years or older who believes that an official

has committed misconduct can file a complaint. The person filing the complaint does not need to be an

enrolled tribal member. Examples of individuals who might file complaints include community

members, employees of the Nation, and fellow officials. The complaint must be filed

within 90 days of when the alleged misconduct occurred or was discovered [see Sanctions and

Penalties 120.5].

Chart 2. Where to File Complaints



Contents of the Complaint. Complaints must include the

following information [see 120.5-3]:

o Information about the official, including the official’s

name and the entity they serve on.

o Information about the alleged misconduct, including

date, time, location and specific details.

o The specific law, policy, rule or bylaw that the

official violated.

o Information about any witnesses or others with

knowledge of the violation.

o Contact information of the individual filing the complaint.

o Supporting documents and any other information required by the Rules of Civil Procedure.

‐ The Rules of Civil Procedure must be followed for complaints against elected

officials, which are filed in the Trial Court. More detail on the Rules of Civil

Procedure is included later in this analysis.

Where to File Complaints. Complaints against appointed officials are filed with the Business

Committee (BC) Support Office, which is currently located at the Norbert Hill Center. Complaints

against elected officials are filed with the Trial Court, with is located within the Oneida Judiciary.

Retaliation. Retaliation against someone who files a complaint or cooperates with a misconduct

investigation is not allowed.

Right to an Attorney or Advocate. Any official who has been accused of misconduct has the right

to be represented by an attorney or an advocate, at their own expense.

o Legal Resource Center. The Legal Resource Center Law established an office to provide

legal advice and representation to Tribal members and employees in cases before the

Judiciary.

Confidentiality. All complaints against officials of the nation will be handled confidentially, with

hearings and proceedings regarding the complaint closed to the public. Records of the hearings will

be kept confidential. However, the final decision of the Business Committee or Judiciary and any

sanctions and penalties imposed against an official will be public information [see 120.5-7].

o Judiciary Law. The Judiciary Law states that proceedings of the court are open to the public

except for peacemaking, mediation, proceedings where the judge has safety or

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confidentiality concerns, or “if expressly prohibited by law” [see Judiciary Law 8 O.C.

801.4-4].

C. Complaints Against an Appointed Official. Complaints against an appointed official will be filed with

the Business Committee (BC) Support Office. Appointed officials serve at the discretion of the Oneida

Business Committee (BC), who may terminate appointments at any time by 2/3 majority vote [see

Boards, Committees Commissions 1 O.C. 105.7-4]. The LOC has determined that because the BC is

responsible for selecting and appointing officials, the BC should be responsible for holding appointed

officials accountable through sanctions and penalties. The following is a description of the complaint

process for appointed officials [see 120.6].

 Receipt of Complaint. When the BC Support Office receives a complaint, it will forward copies of

the complaint to all members of the Oneida Business Committee (BC) for review, and to the official

the complaint has been made against. The BC Support Office will place the complaint on the agenda

of a Business Committee meeting within thirty (30) days.

 Mediation. The individual who filed the complaint or the official accused of misconduct may

request mediation within five (5) business days of the complaint being filed. If both parties agree

to mediation, the BC Support Office will schedule a meeting with a trained mediator to attempt to

resolve the complaint. If the complaint is resolved by mediation, the complaint will be formally

dismissed. If the complaint is not resolved, the initial review will proceed [see 120.6-3].

 Answer to the Complaint. The official who has been accused of misconduct will have ten (10)

business days to respond in writing to the complaint. The official may admit to the misconduct,

deny the misconduct, or provide an affirmative defense. An affirmative defense means that an

official admits they committed the alleged acts, but that they were justified in doing so.

 Conflict of Interest & Recusal. If a member of the Oneida Business Committee (BC) has a conflict

of interest regarding a complaint, they must recuse themselves and not participate in the review or

hearings. If a member of the BC fails to recuse themselves, that member may be subject to sanctions

and penalties under this law.

 Initial Review. The Oneida Business Committee (BC) will review the complaint, the official’s

written response, and any documentation. The BC will discuss and decide whether the complaint

has merit by majority vote. If the BC decides the complaint has merit, they will schedule an

investigatory hearing. If BC decides the complaint does not have merit, the complaint will be

dismissed.

o Frivolous Complaints. If the BC decides that an individual filed a complaint that was

frivolous, false, or made with malicious intent, they may fine that individual up to $500 or

ban them from filing another complaint for up to 1 year. In addition, the official the

frivolous complaint was filed against may also file a civil suit in the Trial Court.

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Chart 3. Complaint Process Against Appointed Officials: Receipt and Initial Review of

Complaint.

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

Investigatory Hearing. The BC will conduct an investigatory hearing during executive session of a

regular or special BC meeting. During this hearing, the BC will determine whether there is enough

evidence to substantiate the allegations by clear and convincing evidence.

o Burden of Proof. The burden of proof for allegations made under this law is “clear and

convincing evidence.” This is the same standard the Nation uses in misconduct cases

against judges in the Oneida Judiciary [see 8 O.C. Judiciary Law 801.12-6(c)]. This means

that the person filing the complaint must provide evidence “indicating that the [allegation]

to be proved is highly probably or reasonably certain” [see Black’s Law Dictionary]. This

is a greater burden than “preponderance of the evidence,” the standard in most civil trials,

but less than evidence “beyond a reasonable doubt,” which is used for criminal trials.

o Testimony. The BC will have the authority to call witnesses to provide testimony and

physical evidence under oath. The official accused of misconduct will have the opportunity

to answer allegations, provide witness testimony and evidence on their own behalf. The

individual who filed the complaint will also have an opportunity to answer questions,

provide witness testimony and information to support their claim. The hearing will be

informal.

Deliberation. After the investigatory hearing, the BC will remain in executive session to discuss

the evidence and information provided. The BC will also discuss which sanctions and penalties to

impose, if appropriate.

Determination. During an open session of a special or regular Oneida Business Committee

meeting, the BC will vote to decide whether the allegations of misconduct have been proven by

clear and convincing evidence. If the BC finds that the official has engaged in misconduct, then

they will also decide the appropriate sanction or penalty by majority vote. The BC must issue a

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

written decision within 10 days of the investigatory hearing, and provide copies of the decision to

the person who made the complaint, the official accused of misconduct, and the BC Support Office.

Appeal. Both the official accused of misconduct and the individual who filed the complaint have

the right to appeal the decision of the Oneida Business Committee. The appeal must be filed with

the Court of Appeals in accordance with the Rules of Appellate Procedure.

o Timeline for Appeal. The Rules of Appellate Procedure require parties to file an appeal

within thirty (30) days of the original judgment [see Rules of Appellate Procedure, 8 O.C.

805.5-2(a)].

Chart 4. Complaint Process Against Appointed Officials: Investigatory Hearing & Decision

BC conducts

investigatory

hearing during

executive session

After the hearing,

BC deliberates in

executive session

In open session,

OBC votes on

whether misconduct

occurred

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OBC issues written

decision within

business 10 days

Complaint

Dismissed.

OBC issues written

decision within 10

business days

Yes, Official Engaged

in Misconduct

OBC selects

appropriate

sanctions or

penalties by

majority vote

No, Official did not

Engage in Misconduct

Official may appeal

to Court of Appeals

within 30 days

Individual who filed

complaint may

appeal to Court of

Appeals within 30

days

D. Complaints Against an Elected Official.

 Complaints against elected officials, including members of the Oneida Business Committee, will

be heard by the Nation’s Trial Court. Because elected officials are chosen by the tribal membership,

it has been determined that complaints against these officials should go to the Nation’s Trial Court

[see Sanctions and Penalties 120.7].

 All complaints must follow the Judiciary Rules of Civil Procedure. The following is a brief

overview of how a civil case is processed by the Trial Court using the Rules of Civil Procedure.

For full and complete information regarding the trial court process, see the Judiciary Rules of Civil

of Civil Procedure.

o Petitioner Files a Complaint with the Trial Court and Pays Filing Fee. The Trial Court has

a standard complaint form with instructions to fill out the complaint.

‐ Complaint. At the time this analysis was drafted, the Rules of Civil Procedure

require the complaint to include the full name and address of the plaintiff and

defendant, why the defendant is being sued, facts supporting each claim, why the

trial court has jurisdiction, specifically what relief is sought from the defendant, and

a summons [see Oneida Judiciary Rules of Civil Procedure 803.5-1].

‐ Filing Fee. The Oneida Judiciary Trial Court currently charges a $50 filing fee to

file a general civil case. However, individuals may request a fee waiver from the

court for the following reasons: unemployed, health/medical, or below poverty level.

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Note that this fee applies only to cases filed against elected officials. Complaints

against appointed officials will be filed with the BC Support Office, which does not

charge a filing fee.

‐ Summons: A summons is a document ordering a defendant to appear before a judge.

The Trial Court has a standard summons form.

Complaint and Summons are served on official. The complaint and summons must be

delivered to the official within 30 days after the complaint is filed. In addition, for

complaints against officials, notice must also be served to the Secretary’s office [see 8 O.C.

Rules of Civil Procedure 803.5].

Petitioner Files Proof of Service. The petitioner must provide proof to the Court that the

complaint and summons were delivered to the defendant within 10 days of delivery. If

proof of service is not completed, then the case will be dismissed. [see Rules of Civil

Procedure 803.5-3].

Official Files an Answer. The official responds to the complaint by filing an answer. The

official can either admit to or deny the allegations made in the complaint and provide

defenses to each claim made in the complaint.

Pre-Trial Meeting. A pre-trial meeting may be scheduled between the judge, petitioner

and defendant. The purpose for this meeting could include preparing for the trial, creating

a plan regarding discovery, or facilitating a settlement, such as peacemaking [see Rules of

Civil Procedure 803.12].

Discovery. The petitioner may make efforts to obtain information relevant to the case, such

as documents and electronic information. The judge may place limitations on the

information.

Hearing. Hearings are conducted in accordance with the Rules of Civil Procedure, which

may include opening statements, presentation of the parties’ cases, rebuttals and closing

statements [see Rules of Civil Procedure 803.38].

Judgment. If the Trial Court determines by clear and convincing evidence that the official

engaged in misconduct, then the Trial Court will impose sanctions and penalties that they

deem appropriate.

Appeals. Both the official accused of misconduct and the individual who filed the

complaint have the right to appeal the decision of the Trial Court. The appeal must be filed

with the Court of Appeals in accordance with the Rules of Appellate Procedure.

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Chart 5. Complaint Process Against Elected Officials – Overview of Rules of Civil Procedure.

E. Sanctions and Penalties. This law includes a list of sanctions and penalties that may be imposed on

an official for misconduct in office. The Trial Court is responsible for imposing sanctions on an elected

official. The Oneida Business Committee is responsible for imposing sanctions on an appointed official.

Officials may receive one or more of the following penalties. The Trial Court or BC will select

whichever penalty they feel is appropriate. [see Sanctions and Penalties 120.8]

 Conditional Penalties. Sanctions and penalties can also be imposed on a conditional basis. For

example, an official could be ordered to make a public apology and attend mandatory training, or

otherwise face suspension [see 120.8-4].

 Failure to Comply. If an official fails to comply with a sanction or penalty imposed against them,

that official can face additional sanctions as a result of additional misconduct complaints under this

law, termination of appointment, or removal in accordance with the Removal Law. An example

would be an official failing to pay a fine or violating the terms of their suspension [see 120.8-6].

Chart 5. List of Potential Sanctions and Penalties

 Verbal Reprimand

 Public Apology

 Written Reprimand

 Suspension

 Restitution

 Fines

 Loss of Stipend

 Mandatory Training

 Termination of Appointment

 Removal, in accordance with Removal Law

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

Verbal Reprimand. During a BC or GTC meeting, the Nation’s chairperson will read a statement

describing the official’s misconduct. The chairperson will also state that the official’s behavior was

unacceptable and direct the official not to engage in misconduct again.

Public Apology. An official may be ordered to make a public apology at a BC or GTC meeting.

The apology must include a description of the misconduct, a statement that the actions were wrong,

a description of the harm caused by the misconduct, and a “clear and unambiguous” apology.

Written Reprimand. The Oneida Business Committee or Judiciary Trial Court may publish a

written reprimand in the Nation’s official media outlets. The Nation’s official media outlets are the

Oneida Nation website and the Kalihwisaks newspaper [see BC Resolution #03-22-17-B]. The

written reprimand will include the same information as a verbal reprimand.

Suspension. The BC or Trial Court may suspend part-time officials for up to two (2) meetings.

Full-time officials, such as members of the Business Committee or Gaming Commission, may be

suspended for up to fifteen (15) business days. During a suspension, the official cannot attend

meetings, trainings, or conferences. The official also cannot vote or perform work for the board. In

addition, the official cannot earn any stipends, salary or mileage during the suspension.

o Multiple Suspensions on One Entity. If multiple officials on the same entity are suspended

at the same time, the suspensions must be imposed on a staggered basis to avoid loss of a

quorum. For example, if multiple members of the Business Committee are suspended, each

member will be suspended one at a time on a staggered basis [see 120.8-2(d)(3)].

Restitution. An official can be ordered to pay restitution, which means paying back any improperly

received benefit, such as stolen money or items or replacing damaged property. The point of

restitution is to make someone whole. Examples of restitution include paying back money that was

improperly taken or paying to repair or replace damaged items.

Fines. An official can be ordered to pay a fine for each act of misconduct. Unlike restitution, a

fine is a punishment. The maximum amount of each fine is $2500.

o Fine Process. All fines will be paid to the trial court and deposited into the Nation’s

General Fund. Officials must pay their fine within 90 days after the fine is issued or upheld

on final appeal. If the fine is not paid on time, the Nation may collect the money through

garnishment or the official’s per capita payment.

o Community Service Alternative. An official can complete community service to make up

all or part of their fine. The rate earned for community service will be the Nation’s

minimum wage, which is currently $10.10 per hour. The Nation currently allows

community service for fines issued in the Hunting, Fishing and Trapping Law [see Hunting

Fishing and Trapping 406.10-5(a)].

Loss of Stipend. An official may lose their stipend for up to two (2) meetings. Members of

appointed boards are eligible for only one meeting stipend per month, so this could amount to two

month’s worth of stipends [see Boards, Committees and Commission Law 1 O.C. 105.13-3(a)].

Members of elected boards may receive up to two (2) meeting stipends per month, so this could

amount to one month’s worth of stipends for a board that meets twice monthly [see Boards,

Committees and Commissions Law 1 O.C. 105.13-3(b)].

Mandatory Training. An official can be ordered to complete mandatory training program to

address their behavior. Examples include anger management or sexual harassment training.

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Termination of Appointment. The Oneida Business Committee can terminate the appointment of

any appointed official at any time by 2/3 majority vote. All appointed members serve at the

discretion of the BC [see Boards, Committees and Commissions 1 O.C. 105.7-4].

 Removal. The Trial Court can recommend that the removal process be initiated for an official in

accordance with the Removal Law. However, this would only be a recommendation. The Removal

Law provides a strict process that must be followed to remove elected officials:

o Removal Law Process. In order to remove an elected official, an eligible voter must file a

petition with the Secretary signed by at least 30% of the vote cast in the previous general

election. For example, the number of votes cast in the 2017 general election was 1612, so

the number of signatures needed to initiate removal is 484. Then, the Judiciary conducts a

preliminary review to determine whether there is sufficient grounds for removal. If so, the

Judiciary holds a hearing. If the Judiciary determines that sufficient grounds for removal

has been proven, the findings are forwarded to the Nation’s Chair, who schedules a GTC

meeting. At the GTC meeting, an elected official may be removed from office after a 2/3

vote [see Removal Law 1 O.C. 104].

F. Factors in Determining Appropriate Sanction and/or Penalty. The Trial Court and Oneida Business

Committee may consider the following when deciding which sanction or penalty to apply [see

Sanctions and Penalties 120.8-3].

 How severe the misconduct was, whether it was intentional, and how likely the official is to repeat

the misconduct.

 The damage to the finances or reputation of the Nation, the entity, or any person or organization.

 Whether the official has expressed remorse and is willing to take steps to correct the harm done.

 Whether any prior complaints have been filed against the official. For example, is this the first

complaint against the official or does it represent a pattern of behavior.

G. Civil Liability and Criminal Prosecution. In addition to the sanctions and penalties in this law, an

official who commits misconduct may also suffer other consequences [see Sanctions and Penalties

120.8-4]. These include:

 Removal from office or termination of appointment.

 Criminal prosecution, if the official violated a criminal law. For example, criminal charges for theft

or violent acts.

 Civil liability, in accordance with any applicable law of any jurisdiction. For example, a lawsuit for

damages.

 Any other penalties listed in another law of the Oneida Nation.

o For example, a violation of the Computer Resources Ordinance may result in loss of access

to the Nation’s computer resources [see Computer Resources Ordinance 2 O.C. 215.9-1].

H. Effect of Resignation by an Official. If an official resigns from office after a complaint has been filed,

that complaint will still be investigated and sanctions and penalties may still be pursued. Resigning

from office does not end or prevent an investigation [see Sanctions and Penalties 120.9].

I. Record of Conduct in Office. A record of conduct for each official will be maintained by the BC

Support Office, which will include copies of complaints filed against the official, outcome of the

complaints, and any sanctions and penalties the official received. This record will be maintained for at

least seven (7) years [see Sanctions and Penalties 120.10].

 Public Access to Record of Conduct. The record of conduct maintained by the BC Support Office

will only be made available for review to the Oneida Business Committee and the Trial Court. The

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purpose of the record of conduct is so that the Trial Court or Business Committee can review

previous complaints against the official when determining a potential sanction or penalty [see

Sanctions and Penalties 102.5-7(c)].

Public Access to BC & Trial Court Decisions. However, the decisions of the Trial Court and Oneida

Business Committee regarding a complaint against an elected official and any sanctions and

penalties imposed against an official will be public information [see Sanctions and Penalties 102.57(c).]

SECTION 6. EFFECT ON EXISTING LEGISLATION

A. References to the Other Laws of the Nation: The following laws of the Nation are referenced in this

law. This law does not conflict with any of the referenced laws.

 Rules of Civil Procedure.

 Rules of Appellate Procedure.

 Garnishment Law.

 Per Capita Law.

SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS

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A. Due Process. Officials accused of misconduct have the right to be represented by an attorney or

advocate. Officials also have the right to submit a written response to the complaint, and an opportunity to

appear at the investigatory hearing to answer the allegations, provide witness testimony, documents and

evidence on their behalf. Complaints against officials must be proven by clear and convincing evidence.

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A. Sanctions and penalties against appointed officials will be imposed by the Business Committee.

Sanctions and penalties against elected officials will be imposed by the Nation’s Trial Court.

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SECTION 8. ENFORCEMENT AND ACCOUNTABILITY

SECTION 9. OTHER CONSIDERATIONS

A. Code of Ethics. Most other tribal, municipal and state governments place sanctions and penalties within

their Code of Ethics law. This makes sense, as the Code of Ethics and Sanctions and Penalties are

closely related. The Code of Ethics is currently on the LOC’s Active Files List for potential

amendments. Updating the Code of Ethics would provide clear guidance to officials, individuals filing

complaints, the Business Committee and the Judiciary when they begin hearing complaints under this

law.

B. Number of Potential Complaints. Since the Nation currently has no formal sanctions and penalties

process, it is not possible to predict the number of complaints that may be filed against elected and

appointed officials.

 Recommendation: Given the uncertainty regarding the number of potential complaints, the

Business Committee, BC Support Office and Judiciary should be prepared to potentially

process a large number of complaints upon passage of this law.

C. Impact of Suspension on Full-Time Officials. Members of the Oneida Business Committee and

Oneida Gaming Commission are full-time elected officials. Therefore, suspension of these officials

would impact salaries, benefits such as health insurance, and access to buildings. The Human Resources

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Department reports that they have a suspension procedure in place for employees of the Nation, and

that this procedure could be applied or modified for suspension of full-time officials.

 Recommendation: Since notifications of suspension go to the BC Support Office, it is suggested

that the BC Support Office work with HRD to develop a process should suspensions of fulltime BC members or Gaming Commissioners occur.

D. Comparison to Other Nations. Research of other tribal nations and municipalities indicate that there

are many different processes for sanctions and penalties of public officials. There is not a single

standard used by all tribal governments. Examples of other sanctions and penalties processes are

provided for information:

Chart 6. Sanctions and Penalties Process of other Tribal Nations

Tribe

Where Complaints Are Who Investigates the Who Decides the

Filed

Complaint

Sanction or Penalty

Siletz

Tribal Council*

Ad Hoc Committee or Tribal Council*

Special Advisor

appointed by Tribal

Council*

Ho Chunk

Judiciary

President

Rosebud Sioux

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Ethics Commission,

Tribal Council*

appointed by Tribal

Council*

Skokomish

Ethics Officer,

Chairman

appointed by Tribal

Council*

*Note that “Tribal Council” refers to an elected body similar to the Oneida Business Committee.

E. Create a Standard Complaint Form. The BC Support Office and Judiciary may want to consider

drafting standard complaint forms to provide to individuals who wish to file a complaint against

officials under this law. This form could include the information required under 120.5-3, instructions,

and clearly state where complaints against elected officials or appointed officials must be filed. The

Nation’ Trial Court has a standard civil complaint packet which could be used as an example.

F. Complaints against Judiciary. The Judiciary Law already contains a process for reprimand,

suspension and removal of judges [see Judiciary Law 8 O.C. 801.12]. Therefore, the Judiciary is not

included in this law.

G. Rules of Civil Procedure. Complaints filed in the Judiciary Trial Court must follow the Judiciary Rules

of Civil Procedure. At the time this analysis was drafted, the Judiciary Rules of Civil Procedure is on

the LOC’s Active Files List and may be amended in the future.

H. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts.

 Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

emergency legislation [see Legislative Procedures Act 1 O.C. 109.6-1].

 A fiscal impact statement shall be submitted by agencies as directed by the Legislative Operating

Committee and may be prepared by any agency who may receive funding if the legislation is

enacted; who may administer a program if the legislation is enacted; who may have financial

information concerning the subject matter of the legislation; or by the Finance Office, upon request

of the Legislative Operating Committee [see Legislative Procedures Act 1 O.C. 109.6-1(a and b).

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Title 1. Government and Finances - Chapter 120

SANCTIONS AND PENALTIES

Kalihwahnila=t&= Okhale> Atatlihwa>thlew@htu Kayanl^sla

Giving strength to the issues

120.1.

120.2.

120.3.

120.4.

120.5.

120.6.

and

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Misconduct.

Filing of a Complaint

Complaint Alleged Against an Appointed Official

Forgiving oneself for the issue at hand

Laws

120.7. Complaint Alleged Against an Elected Official

120.8. Sanctions and Penalties

120.9. Effect of Resignation by an Official

120.10. Record of Conduct in Office

120.1. Purpose and Policy

120.1-1. Purpose. The purpose of this law is to establish a consistent set of sanctions and penalties

that may be imposed upon elected and appointed officials of the Nation for misconduct in office

for the purpose of providing an opportunity for the official to take corrective action to address the

misconduct and promote accountability and improved performance of the official.

(a) This law applies to members of the Oneida Business Committee.

(b) This law does not apply to judges of the Oneida Nation Judiciary.

120.1-2. Policy. It is the policy of the Nation to ensure that elected and appointed officials who

commit misconduct while in office be subject to appropriate sanctions and penalties; and to ensure

that there is a fair process in place that enables officials to fairly respond to allegations of

misconduct.

120.1-3. It is the intent of the Nation that all elected and appointed officials strive to exhibit and

uphold the Nation’s core values of The Good Mind as expressed by On<yote>a=ka, which includes:

(a) Kahletsyal&sla. The heart felt encouragement of the best in each of us.

(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.

(d) Ka>tshatst^sla. The strength of belief and vision as a People.

(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.

(f) Twahwahts$lay<. All of us are family.

(g) Yukwats$stay<. Our fire, our spirit within each one of us.

120.2. Adoption, Amendment, Repeal

120.2-1. This law was adopted by the General Tribal Council by resolution GTC-__-__-__-__.

120.2-2. This law may be amended or repealed by the General Tribal Council pursuant to the

procedures set out in the Legislative Procedures Act.

120.2-3. 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.

120.2-4. 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.

120.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

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120.3. Definitions

120.3-1. 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) “Affirmative defense” means a fact or set of facts other than those alleged by the

complainant which, if proven by the official, defeats or mitigates the consequences of the

official's otherwise unlawful conduct.

(b) “Answer” means a formal written statement addressing the dispute on the merits

and presents any defenses and counterclaims.

support for the Oneida Business Committee and various other governmental operations.

(d) “Business day” means Monday through Friday 8:00 a.m. – 4:30 p.m., excluding

holidays recognized by the Nation.

(e) “Clear and convincing evidence” means that it is substantially more likely than not that

the facts presented are true.

(f) “Complainant” means an individual who has made a complaint.

(g) “Constitution” means the Constitution and By-Laws of the Oneida Nation.

(h) “Court of Appeals” means the Court of Appeals of the Oneida Nation Judiciary.

(i) “Entity” means a board, committee, commission, office, unincorporated agency, or

other group of the Nation an individual may be appointed or elected to serve a position on,

including the Oneida Business Committee.

(j) “Frivolous” means a complaint without any reasonable basis or merit, that cannot be

supported by a good faith argument. Most often frivolous complaints are intended to

merely harass, delay, or embarrass the opposition.

(k) “Misconduct” means wrongful, improper or unlawful conduct or behavior.

(l) “Nation” means the Oneida Nation.

(m) “Official” means any person who is elected or appointed to serve a position for the

Nation, including, but not limited to, a position on a board, committee, commission, or

office of the Nation, including the Oneida Business Committee.

(n) “Restitution” means compensation to an individual or entity for an injury, damage or

loss.

(o) “Stipend” means the amount paid by the Oneida Nation to individuals serving on

boards, committees and commissions of the Nation to offset the expenses of being a

member on the board, committee or commission.

(p) “Substantiate” means to find that the complaint or allegation in the complaint is valid

because there is clear and convincing evidence.

(q) “Trial Court” means the Trial Court of the Oneida Nation Judiciary.

120.4. Misconduct

120.4-1. It shall be the obligation of every official to behave in a manner that promotes the highest

ethical and moral standard. High moral and ethical standards amongst officials of the Nation is

essential to the conduct of government.

120.4-2. An official may be subject to sanctions and penalties for behaving in a manner which

constitutes misconduct. Misconduct includes:

(a) a violation of the Constitution or any of the Nation’s laws, policies, or rules;

(b) a violation of the bylaws, standard operating procedures or other internal operating

documents that govern the entity upon which the official serves;

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felony under federal law or Wisconsin law; and

(d) any other activity that is incompatible with the high moral and ethical standards that

are expected of the Nation’s officials.

120.5. Filing of a Complaint

120.5-1. Who May File. Any individual at least eighteen (18) years of age or older, or entity, who

in good faith, has knowledge or reason to believe that an official has committed misconduct, may

file a written complaint.

120.5-2. When to File. A complaint may be filed as long as the alleged misconduct has occurred,

or was discovered to have occurred, within the previous ninety (90) days.

120.5-3. Contents of the Complaint. The complaint alleging misconduct by an official shall

include the following information:

(a) The name(s) of the official alleged to have committed the misconduct;

(b) The entity or entities upon which the official serves;

(d) The specific details of the official’s misconduct;

(e) The specific provision of law, policy, rule, or bylaw of the Nation allegedly violated

by the official;

(f) Names of any witnesses of the alleged misconduct, or individuals who may have

knowledge pertinent to the alleged misconduct;

(g) The contact information for the person filing the complaint, which at minimum shall

include the person’s name, address, and telephone number;

(h) A notarized sworn statement attesting that the information provided in and with the

complaint is true, accurate, and complete to the best of the complainant’s knowledge;

(i) Any supporting documentation; and

(j) Any other information required by the Nation’s Rules of Civil Procedure if the

complaint is alleging misconduct of an elected official.

120.5-4. Where to File.

(a) Appointed Official. Complaints against an appointed official shall be filed with the

Business Committee Support Office.

(b) Elected Official. Complaints against an elected official shall be filed with the Nation’s

Trial Court.

120.5-5. Retaliation Prohibited. Retaliation against any individual who makes a complaint or party

or witness to a complaint is prohibited. This protection shall also be afforded to any person offering

testimony or evidence or complying with directives authorized under this law. Retaliation shall

include any form of adverse or punitive action by or caused by, any official.

(a) If an individual alleges that retaliatory action has been threatened or taken based on the

individual’s complaint, or cooperation with directives authorized under this law, the

individual may file a complaint for the retaliatory action in accordance with section 120.5

of this law.

120.5-6. Any official who is the subject of a complaint has the right to be represented by an

attorney or advocate, at his or her own expense, for any actions or proceedings related to the

complaint.

120.5-7. Confidentiality. All complaints alleged against an official of the Nation shall be handled

in a confidential manner.

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(a) All hearings and/or proceedings related to a complaint shall be closed to the general

public.

(b) All records of hearings and/or proceedings shall not be subject to public review or

inspection. An official’s record of conduct shall only be made available for review to the

Oneida Business Committee and the Trial Court.

a complaint alleged against an official, and any sanctions and/or penalties that are imposed

against an official, shall be public information.

120.6. Complaints Alleged Against an Appointed Official

120.6-1. Due to the fact that an appointed official serves at the discretion of the Oneida Business

Committee, all complaints alleged against an appointed official shall be handled by the Oneida

Business Committee.

120.6-2. Receipt of Complaint. Upon receiving a complaint, the Business Committee Support

Office shall:

(a) immediately forward copies of the complaint, including any supporting documentation,

to:

(1) all members of the Oneida Business Committee for review; and

(2) the individual who is the subject of the complaint.

(b) place the complaint on the executive session portion of the agenda of a regular or

special meeting of the Oneida Business Committee for an initial review which shall occur

within thirty (30) business days after the initial receipt of a complaint.

120.6-3. Mediation. The complainant or the official who is the subject of the complaint shall have

up to five (5) business days after the initial receipt of the complaint to contact the Business

Committee Support Office and request mediation.

(a) If both the complainant and the official who is the subject of the complaint agree to

mediation, then the Business Committee Support Office shall schedule a mediation

between the parties. The intent of this mediation meeting is to resolve the complaint prior

to commencing an initial review.

(b) The Business Committee Support Office shall utilize a trained mediator to facilitate

the mediation meeting. Every mediator shall have at least twenty-five (25) hours of

mediation training or at least three (3) years of experience in dispute resolution.

(d) If a resolution is reached during mediation, the Oneida Business Committee shall be

informed of the resolution before the initial review and the complaint shall be formally

dismissed during the initial review.

(e) If the matter is not resolved through mediation, the initial review shall occur as

prescribed by

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.