# Oneida Business Committee (2019) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ae92cbf5a290bc3c5 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 157 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. I. CALL TO ORDER II. OPENING A. Special recognition of Jamozzy Skenandore Sponsor: David P. Jordan, Councilman III. ADOPT THE AGENDA IV. OATH OF OFFICE A. Oneida Police Department - Michael Pecore Sponsor: Sandra Reveles, Chair/Oneida Police Department B. Oneida Police Commission - Lois Strong Sponsor: Lisa Summers, Secretary C. Oneida Nation Arts Board - Xavier Horkman Sponsor: Lisa Summers, Secretary D. Oneida Youth Leadership Institute Board - Paul K. Ninham Sponsor: Lisa Summers, Secretary Oneida Business Committee Regular Meeting Agenda Page 1 of 4 November 26, 2019 Public Packet V. 2 of 157 MINUTES A. VI. VII. Approve the November 13, 2019, regular Business Committee meeting minutes Sponsor: Lisa Summers, Secretary RESOLUTIONS A. Adopt resolution entitled Office of Special Trustee – Sign Off Authority Sponsor: Debra Danforth, Chair/Oneida Trust Enrollment Committee B. Adopt resolution entitled Support H.R. Bill 3467 Remove the Stain Act Sponsor: Lisa Summers, Secretary C. Adopt resolution entitled CY 2020 County Tribal Law Enforcement Grant - Brown County Sponsor: Sandra Reveles, Chair/Oneida Police Commission D. Adopt resolution entitled CY 2020 County Tribal Law Enforcement Grant Outagamie County Sponsor: Sandra Reveles, Chair/Oneida Police Commission STANDING COMMITTEES A. B. C. FINANCE COMMITTEE 1. Accept the November 4, 2019, regular Finance Committee meeting minutes Sponsor: Trish King, Treasurer 2. Accept the November 18, 2019, regular Finance Committee meeting minutes Sponsor: Trish King, Treasurer LEGISLATIVE OPERATING COMMITTEE 1. Accept the November 6, 2019, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. 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 1. Accept the September 12, 2019, regular Quality of Life Committee meeting minutes Sponsor: Brandon Stevens, Vice-Chairman Oneida Business Committee Regular Meeting Agenda Page 2 of 4 November 26, 2019 Public Packet VIII. IX. X. 3 of 157 TRAVEL REQUESTS A. 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 B. 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 A. Approve the request for the Comprehensive Health Division to meet with WI Department of Health Services Sponsor: Debbie Thundercloud, General Manager B. Post ten (10) vacancies - Oneida Election Board Ad Hoc Committee Sponsor: Lisa Summers, Secretary C. Accept the Oneida Personnel Commission November 2019 update Sponsor: Lisa Summers, Secretary EXECUTIVE SESSION A. REPORTS 1. Accept the Comprehensive Health FY-2019 4th quarter executive report 8:30 a.m. Sponsor: Debbie Thundercloud, General Manager 2. Accept the Intergovernmental Affairs, Communications, and Self-Governance November 2019 report 9:00 a.m. Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 3. Accept the Bay Bancorporation, Inc. FY-2019 4th quarter executive report 9:30 a.m. Sponsor: Jeff Bowman, President/Bay Bank 4. Accept the Oneida Golf Enterprise FY-2019 4th quarter executive report 10:00 a.m. Sponsor: Eric McLester, Agent/OGE 5. Accept the Oneida ESC Group, LLC. FY-2019 4th quarter executive report 10:30 a.m. Sponsor: Jacquelyn Zalim, Chair/OESC Board of Managers 6. Accept the Oneida Seven Generation Corporation FY-2019 4th quarter executive report 11:00 a.m. Sponsor: Pete King III, Agent/OSGC Oneida Business Committee Regular Meeting Agenda Page 3 of 4 November 26, 2019 Public Packet 4 of 157 B. 7. Accept the Oneida Airport Hotel Corporation FY-2019 4th quarter executive report 11:30 a.m. Sponsor: Robert Barton, Chair/OAHC 8. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel AUDIT COMMITTEE 1. C. Accept the Audit Committee FY-2019 4th quarter report Sponsor: David P. Jordan, Councilman UNFINISHED BUSINESS 1. 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. D. XI. NEW BUSINESS 1. Review proposed General Welfare Benefits Plan and determine next steps Sponsor: Larry Barton, Chief Financial Officer 2. 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 Page 4 of 4 November 26, 2019 Public Packet Special recognition of Jamozzy Skenandore 5 of 157 Public Packet 6 of 157 Public Packet 7 of 157 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: 1. 3. 2. 4. 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. Page 1 of 2 Unbudgeted Public Packet 8 of 157 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 Page 2 of 2 Public Packet 9 of 157 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: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Secretary Primary Requestor/Submitter: Brooke Doxtator, BCC Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 10 of 157 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 Page 2 of 2 Public Packet 11 of 157 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: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Secretary Primary Requestor/Submitter: Brooke Doxtator, BCC Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 12 of 157 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 13 of 157 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: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Secretary Primary Requestor/Submitter: Brooke Doxtator, BCC Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 14 of 157 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 Public Packet 15 of 157 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 Public Packet 16 of 157 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; I. 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. Oneida Business Committee Regular Meeting Minutes Page 1 of 16 November 13, 2019 Public Packet 17 of 157 DRAFT 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. A. Oneida Election Board - Patricia Moore Sponsor: Lisa Summers, Secretary B. Oneida Police Commission - Lois Strong Sponsor: Lisa Summers, Secretary Chairman Tehassi Hill assumes the responsibilities of the Chair at 8:39 a.m. V. MINUTES A. 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 Oneida Business Committee Regular Meeting Minutes Page 2 of 16 November 13, 2019 Public Packet 18 of 157 DRAFT VI. RESOLUTIONS A. 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 B. 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 A. 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 B. 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 Oneida Business Committee Regular Meeting Minutes Page 3 of 16 November 13, 2019 Public Packet 19 of 157 DRAFT VIII. STANDING COMMITTEES A. LEGISLATIVE OPERATING COMMITTEE 1. 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 A. 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 B. 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 Oneida Business Committee Regular Meeting Minutes Page 4 of 16 November 13, 2019 Public Packet 20 of 157 DRAFT C. 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 D. Approve the travel report - Vice-Chairman Brandon Stevens - Two (2) events (00:15:10) Sponsor: Vice-Chairman Brandon Stevens 1. 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 2. 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 Oneida Business Committee Regular Meeting Minutes Page 5 of 16 November 13, 2019 Public Packet 21 of 157 DRAFT X. TRAVEL REQUESTS A. 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 B. 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 A. 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 B. 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 Oneida Business Committee Regular Meeting Minutes Page 6 of 16 November 13, 2019 Public Packet 22 of 157 DRAFT C. 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 D. 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 E. 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. F. 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 Oneida Business Committee Regular Meeting Minutes Page 7 of 16 November 13, 2019 Public Packet 23 of 157 DRAFT G. 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 H. 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 I. 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 J. 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 K. 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 L. 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 M. 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. N. 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 25 of 157 DRAFT XII. REPORTS A. OPERATIONAL 1. 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 2. 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 3. 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. 4. 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 26 of 157 DRAFT 5. 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 6. 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. 7. 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 8. 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 9. 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 27 of 157 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 A. REPORTS 1. 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 2. 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 3. 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 28 of 157 DRAFT 4. 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. 5. 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 6. 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 7. 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 8. 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 29 of 157 DRAFT B. STANDING ITEMS 1. ONEIDA GOLF ENTERPRISE CORPORATION - LADIES PROFESSIONAL GOLF ASSOCIATION a. 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 C. UNFINISHED BUSINESS 1. 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 D. NEW BUSINESS 1. 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 30 of 157 DRAFT 2. 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 3. 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 4. 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 31 of 157 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 32 of 157 Public Packet 33 of 157 Public Packet 34 of 157 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Public Packet 35 of 157 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 25 26 27 28 Keith Doxtator Oneida Trust Enrollment Director N/A N/A Brent Truttmann Financial Analyst N/A 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 36 of 157 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 29 30 31 32 3 yrs N/A N/A N/A 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 33 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 N/A Brent Truttmann Financial Analyst N/A N/A Public Packet 37 of 157 Public Packet 38 of 157 Public Packet 39 of 157 Public Packet 40 of 157 Public Packet 41 of 157 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: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Secretary Primary Requestor/Submitter: 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 Public Packet 42 of 157 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 Public Packet 43 of 157 I 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. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 4 SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Remove the Stain 5 Act’’. 6 pamtmann on DSKBFK8HB2PROD with BILLS 7 SEC. 2. FINDINGS. Congress finds as follows: 8 9 VerDate Sep 11 2014 23:33 Jul 02, 2019 (1) The Medal of Honor is the highest military award of the United States. Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3467.IH H3467 Public Packet 44 of 157 2 1 (2) Congress found that to earn the Medal of 2 Honor ‘‘the deed of the person . . . must be so out- 3 standing that it clearly distinguishes his gallantry 4 beyond the call of duty from lesser forms of brav- 5 ery’’. 6 (3) The actions of Medal of Honor recipients 7 inspire bravery in those currently serving in the 8 Armed Forces and those who will come to serve in 9 the future. 10 (4) Those listed on the Medal of Honor Roll 11 have come to exemplify the best traits of members 12 of the Armed Forces, a long and proud lineage of 13 those who went beyond the call of service to the 14 United States of America. 15 (5) To date the Medal of Honor has been 16 awarded only 3,522 times, including only 145 times 17 for the Korean War, 126 times in World War I, 23 18 times during the Global War on Terror, and 20 19 times for the massacre at Wounded Knee. 20 pamtmann on DSKBFK8HB2PROD with BILLS 21 (6) The Medal of Honor is awarded in the name of Congress. 22 (7) As found in Senate Concurring Resolution 23 153 of the 101st Congress, on December 29, 1890 24 the 7th Cavalry of the United States engaged a trib- 25 al community ‘‘resulting in the tragic death and in- •HR 3467 IH VerDate Sep 11 2014 23:33 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3467.IH H3467 Public Packet 45 of 157 pamtmann on DSKBFK8HB2PROD with BILLS 3 1 jury of approximately 350–375 Indian men, women, 2 and children’’ led by Lakota Chief Spotted Elk of 3 the Miniconjou band at ‘‘Cankpe’ Opi Wakpa’’ or 4 ‘‘Wounded Knee Creek’’. 5 (8) This engagement became known as the 6 ‘‘Wounded Knee Massacre’’, and took place between 7 unarmed Native Americans and soldiers, heavily 8 armed with standard issue army rifles as well as 9 four ‘‘Hotchkiss guns’’ with five 37 mm barrels ca- 10 pable of firing 43 rounds per minute. 11 (9) Nearly two-thirds of the Native Americans 12 killed during the Massacre were unarmed women 13 and children who were participating in a ceremony 14 to restore their traditional homelands prior to the 15 arrival of European settlers. 16 (10) Poor tactical emplacement of the soldiers 17 meant that most of the casualties suffered by the 18 United States troops were inflicted by friendly fire. 19 (11) On January 1st, 1891, Major General Nel- 20 son A. Miles, Commander of the Division of Mis- 21 souri, telegraphed Major General John M. Schofield, 22 Commander-in-Chief of the Army notifying him that 23 ‘‘[I]t is stated that the disposition of four hundred 24 soldiers and four pieces of artillery was fatally defec- 25 tive and large number of soldiers were killed and •HR 3467 IH VerDate Sep 11 2014 23:33 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3467.IH H3467 Public Packet 46 of 157 pamtmann on DSKBFK8HB2PROD with BILLS 4 1 wounded by the fire from their own ranks and a very 2 large number of women and children were killed in 3 addition to the Indian men’’. 4 (12) The United States awarded 20 Medals of 5 Honor to soldiers of the U.S. 7th Cavalry following 6 their participation in the Wounded Knee Massacre. 7 (13) In 2001, the Cheyenne River Sioux Tribe, 8 a member Tribe of the Great Sioux Nation, upon in- 9 formation provided by Lakota elders and by vet- 10 erans, passed Tribal Council Resolution No. 132–01, 11 requesting that the Federal Government revoke the 12 Medals of Honor from the soldiers of the United 13 States Army, 7th Cavalry issued following the mas- 14 sacre of unarmed men, women, children, and elderly 15 of the Great Sioux Nation on December 29, 1890, 16 on Tribal Lands near Wounded Knee Creek. 17 (14) The National Congress of American Indi- 18 ans requested in a 2007 Resolution that the Con- 19 gress ‘‘renounce the issuance of said medals, and/or 20 to proclaim that the medals are null and void, given 21 the atrocities committed upon unarmed men, women, 22 children and elderly of the Great Sioux Nation’’. 23 (15) General Miles contemporaneously stated 24 that a ‘‘[w]holesale massacre occurred and I have •HR 3467 IH VerDate Sep 11 2014 23:33 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3467.IH H3467 Public Packet 47 of 157 5 1 never heard of a more brutal, cold-blooded massacre 2 than that at Wounded Knee’’. 3 (16) Allowing any Medal of Honor, the United 4 States highest and most prestigious military decora- 5 tion, to recognize a member of the Armed Forces for 6 distinguished service for participating in the mas- 7 sacre of hundreds of unarmed Native Americans is 8 a disservice to the integrity of the United States and 9 its citizens, and impinges on the integrity of the 10 award and those who have earned the Medal since. 11 SEC. 3. RESCISSION OF MEDALS OF HONOR AWARDED FOR 12 ACTS AT WOUNDED KNEE CREEK ON DECEM- 13 BER 29, 1890. 14 (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. 18 (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, pamtmann on DSKBFK8HB2PROD with BILLS 23 United States Code. •HR 3467 IH VerDate Sep 11 2014 23:33 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3467.IH H3467 Public Packet 48 of 157 6 1 (c) RETURN OF MEDAL NOT REQUIRED.—No person 2 may be required to return to the Federal Government a 3 Medal of Honor rescinded under subsection (a). 4 (d) NO DENIAL OF BENEFITS.—This Act shall not 5 be construed to deny any individual any benefit from the 6 Federal Government. pamtmann on DSKBFK8HB2PROD with BILLS Æ •HR 3467 IH VerDate Sep 11 2014 23:33 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3467.IH H3467 Public Packet 49 of 157 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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; Public Packet 50 of 157 BC Resolution # _______ Support H.R. Bill 3467 Rem ove the Stain Act Page 2 of 2 42 43 44 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. Public Packet Adopt resolution entitled CY 2020 County Tribal Law Enforcement Grant - Brown County 51 of 157 Public Packet 52 of 157 Public Packet 53 of 157 Public Packet 54 of 157 Public Packet 55 of 157 Public Packet 56 of 157 Public Packet 57 of 157 Adopt resolution entitled CY 2020 County Tribal Law Enforcement Grant - Outagamie County Public Packet 58 of 157 Public Packet 59 of 157 Public Packet 60 of 157 Public Packet 61 of 157 Public Packet 62 of 157 Public Packet Accept the November 4, 2019, regular Finance Committee meeting minutes 63 of 157 Public Packet 64 of 157 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 5 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 Public Packet 65 of 157 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 I. 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. Public Packet 66 of 157 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. V. CAPITAL EXPENDITURES: 1. 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: 1. 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. 2. 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. 3. 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. 4. 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. Page 2 of 7 Finance Committee Meeting Minutes of Nov. 4, 2019 Public Packet 5. 67 of 157 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. 6. 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. 7. 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. 8. YMCA Gymnastics & Little Yogi’s class fees Requester: Margaret VandenHeuvel for son, Sawyer Amount: $85.50 - See Motion in Community Fund request #7. 9. 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. Page 3 of 7 Finance Committee Meeting Minutes of Nov. 4, 2019 Public Packet 68 of 157 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. Page 4 of 7 Finance Committee Meeting Minutes of Nov. 4, 2019 Amount: $500. Public Packet 69 of 157 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: 1. 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. 2. 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. Page 5 of 7 Finance Committee Meeting Minutes of Nov. 4, 2019 Public Packet 3. 70 of 157 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. 4. 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. 5. 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. 6. 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. 7. 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. Page 6 of 7 Finance Committee Meeting Minutes of Nov. 4, 2019 Public Packet 8. 71 of 157 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 X. 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 Page 7 of 7 Finance Committee Meeting Minutes of Nov. 4, 2019 Motion carried Public Packet Accept the November 18, 2019, regular Finance Committee meeting minutes 72 of 157 Public Packet 73 of 157 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 4 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 Public Packet 74 of 157 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 I. 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. Page 1 of 5 Finance Committee Meeting Minutes of November 18, 2019 Public Packet 75 of 157 V. 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: 1. 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: 1. 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. Page 2 of 5 Finance Committee Meeting Minutes of November 18, 2019 Public Packet 2. 76 of 157 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. 3. 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. 4. 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: 1. 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. 2. 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. Page 3 of 5 Finance Committee Meeting Minutes of November 18, 2019 Public Packet 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. 3. Gable Company – Change Order #1 Paul Witek, Engineering Dept. 77 of 157 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. 4. 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. 5. 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. Page 4 of 5 Finance Committee Meeting Minutes of November 18, 2019 Public Packet 78 of 157 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 X. 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 Page 5 of 5 Finance Committee Meeting Minutes of November 18, 2019 Public Packet 79 of 157 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 3. 2. 4. 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. Page 1 of 2 Unbudgeted Public Packet 80 of 157 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. I. 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 V. 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 Page 1 of 2 Public Packet VII. 81 of 157 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 Page 2 of 2 Public Packet 82 of 157 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 3. 2. 3/17/19 Deferred Adoption Packet 4. 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. Page 1 of 2 Unbudgeted Public Packet 83 of 157 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 Page 2 of 2 Public Packet 84 of 157 Public Packet 85 of 157 Public Packet 86 of 157 Public Packet 87 of 157 Public Packet 88 of 157 Public Packet 89 of 157 Public Packet 90 of 157 Public Packet 91 of 157 Public Packet 92 of 157 Public Packet 93 of 157 Public Packet 94 of 157 Public Packet 95 of 157 Public Packet 96 of 157 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Oneida, WI 54155 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 Public Packet 97 of 157 GTC Resolution # _______ Sanctions and Penalties Law Page 2 of 2 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 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. Public Packet 98 of 157 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 Page 1 of 2 Public Packet ▪ ▪ ▪ ▪ ▪ ▪ ▪ 99 of 157 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. Page 2 of 2 Public Packet 100 of 157 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 1 2 3 4 5 6 7 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. Page 1 of 13 Public Packet 101 of 157 Analysis to Draft 4 2019 01 07 8 9 10 11 12 13 14 15 16 17 18 19 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 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 *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: Page 2 of 13 Public Packet 102 of 157 Analysis to Draft 4 2019 01 07 35 36 37 38 39 40 41 42 43 44 45  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. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 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. Page 3 of 13 Public Packet 103 of 157 Analysis to Draft 4 2019 01 07 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 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 nati [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ae92cbf5a290bc3c5. Public record. Not legal advice.