# Oneida Business Committee (2021) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aecf7c24ae630d8ac ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 188 Oneida Business Committee Regular Meeting 8:30 AM Wednesday, July 28, 2021 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 III. ADOPT THE AGENDA IV. MINUTES A. V. Approve the July 14, 2021, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary RESOLUTIONS A. Adopt resolution entitled The Oneida Airport Hotel Corporation will be Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer B. Adopt resolution entitled The Oneida Bingo & Casino Will Be Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer C. Adopt resolution entitled The Oneida Casino – West Mason Casino Will Be Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer D. Adopt resolution entitled The Oneida Golf Enterprises for Thornberry Creek at Oneida, will be Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer Oneida Business Committee Regular Meeting Agenda Page 1 of 5 July 28, 2021 Public Packet 2 of 188 E. Adopt resolution entitled The Oneida Nation Four Paths will be Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer F. Adopt resolution entitled The Oneida Retail Enterprise, Oneida Casino Travel Center Will Be selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer G. Adopt resolution entitled Oneida Retail Enterprise Oneida One Stop – E & EE will be Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer H. Adopt resolution entitled Oneida Retail Enterprise Oneida One Stop – Larsen Will Be Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer I. Adopt resolution entitled The Oneida Retail Enterprise, Oneida One Stop – Packerland will be Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer J. Adopt resolution entitled The Oneida Retail Enterprise Oneida One Stop – Westwind Will be Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer K. Adopt resolution entitled The Three Clans Airport, LLC will be Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law Sponsor: Larry Barton, Chief Financial Officer L. Adopt resolution entitled Amending Requirement for a Statement of Effect to Exclude Resolutions Obligating ARPA FRF LR Funds for Projects Approved Through the FRF Office Sponsor: David P. Jordan, Councilman M. Adopt resolution entitled Extension of the Emergency Amendments to the Oneida General Welfare Law Sponsor: David P. Jordan, Councilman N. Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until September 26, 2021 Sponsor: Tehassi Hill, Chairman Oneida Business Committee Regular Meeting Agenda Page 2 of 5 July 28, 2021 Public Packet VI. 3 of 188 STANDING COMMITTEES A. COMMUNITY DEVELOPMENT PLANNING COMMITTEE 1. B. C. FINANCE COMMITTEE 1. Accept the July 6, 2021, regular Finance Committee meeting minutes Sponsor: Tina Danforth, Treasurer 2. Accept the July 19, 2021, regular Finance Committee meeting minutes Sponsor: Tina Danforth, Treasurer LEGISLATIVE OPERATING COMMITTEE 1. D. VII. QUALITY OF LIFE COMMITTEE 1. Accept the May 20, 2021, regular Quality of Life Committee meeting minutes Sponsor: Marie Summers, Councilwoman 2. Accept the June 17, 2021, regular Quality of Life Committee meeting minutes Sponsor: Marie Summers, Councilwoman ARPA FRF Updates and Requests/Proposals (none) UNFINISHED BUSINESS A. IX. Accept the July 7, 2021, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman STANDING ITEMS A. VIII. Accept the June 3, 2021, regular Community Development Planning Committee meeting minutes Sponsor: Brandon Stevens, Vice-Chairman Accept the demolitions report Sponsor: Mark W. Powless, General Manager TRAVEL REQUESTS A. Enter e-poll results into the record regarding the approved travel request for Councilman Kirby Metoxen to attend the National Indian Gaming Tradeshow & Convention in Las Vegas, NV - July 19-22, 2021 Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 3 of 5 July 28, 2021 Public Packet X. XI. 4 of 188 NEW BUSINESS A. Approve the Big Bear Media request to post one (1) tribal contribution funded Mail Clerk Sponsor: Geraldine Danforth, Area Manager/Human Resources B. Approve the Big Bear Media request to post one (1) third-party revenue funded Administrative Assistant Sponsor: Geraldine Danforth, Area Manager/Human Resources C. Approve the Tribal Action Plan request to post one (1) grant funded Administrative Assistant Sponsor: Geraldine Danforth, Area Manager/Human Resources D. Enter the e-poll results into the record regarding the approved expansion of the scope of use in the 6th resolve of BC resolution # 11-24-20-F Sponsor: Lisa Liggins, Secretary E. Review the proposed Donation of Hours for Medical Emergency SOP and determine next steps Sponsor: Geraldine Danforth, Area Manager/Human Resources GENERAL TRIBAL COUNCIL A. XII. Approve notice and materials for the September 16, 2021, tentatively scheduled special GTC meeting Sponsor: Lisa Liggins, Secretary EXECUTIVE SESSION A. REPORTS 1. Accept the June 2021 Treasurer's report (11:00 a.m.) Sponsor: Tina Danforth, Treasurer 2. Accept the Intergovernmental Affairs, Communications, and Self-Governance July 2021 report Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 3. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 4. Accept the General Manager report Sponsor: Mark W. Powless, General Manager 5. Accept the Joint Marketing FY-2021 2nd quarter report (1:30 p.m.) Sponsor: James Petitjean, Interim Retail General Manager Oneida Business Committee Regular Meeting Agenda Page 4 of 5 July 28, 2021 Public Packet 5 of 188 B. C. XIII. AUDIT COMMITTEE 1. Accept the June 17, 2021, regular Audit Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. Accept the Controlled Keys compliance audit report and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman NEW BUSINESS 1. Move the Gaming General Manager's updates regarding the implementation of Sports Wagering to another forum Sponsor: Lisa Liggins, Secretary 2. Approve the amendment to the family court judge contract - Family Court - file # 2018-0256 Sponsor: Jessica Vandekamp, Employee Relations Representative 3. Complaint # 2021-GMDR05-01 - Review the sub-team's recommendation and determine next steps Sponsor: Jessica Vandekamp, Employee Relations Representative 4. Complaint # 2021-DR09-01 - Discuss follow-ups and determine next steps Sponsor: Jessica Vandekamp, Employee Relations Representative 5. Complaint # 2021-DR16-01 - Review the sub-team's recommendation and determine next steps Sponsor: Tehassi Hill, Chairman 6. Complaint # 2021-DR16-02 - Review the sub-team's recommendation and determine next steps Sponsor: Tehassi Hill, Chairman ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and Open Meetings law (§ 107.14.) The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 5 of 5 July 28, 2021 Public Packet 6 of 188 Approve the July 14, 2021, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 07/28/21 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☒ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS Public Packet 7 of 188 DRAFT Oneida Business Committee Regular Meeting 8:30 AM Wednesday, July 14, 2021 BC Conference Room, 2nd floor, Norbert Hill Center Minutes REGULAR MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Tina Danforth, Secretary Lisa Liggins, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster; Not Present: n/a Arrived at: n/a Others present: Jo Anne House, Larry Barton, Mark W. Powless, Ralinda Ninham-Lamberies, Carrie Lindsey, Debra Miller, Louise Cornelius, Fawne Rasmussen, Brooke Doxtator (via Microsoft Teams1), Jessica Vandekamp (via Microsoft Teams), Debbie Melchert (via Microsoft Teams), Danelle Wilson (via Microsoft Teams), Amy Spears (via Microsoft Teams), Justin Nishimoto (via Microsoft Teams), Melanie Burkhart (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Paula King-Dessart (via Microsoft Teams), Melinda J. Danforth (via Microsoft Teams), William Gollnick (via Microsoft Teams), Wendy Alvarez (via Microsoft Teams), Jessalyn Harvath (via Microsoft Teams), Chad Fuss (via Microsoft Teams), Geraldine Danforth (via Microsoft Teams); I. CALL TO ORDER Meeting called to order by Chairman Tehassi Hill at 8:34 a.m. For the record: Treasurer Tina Danforth is telecommuting. Secretary Lisa Liggins will be excused for a personal appointment. Councilman Kirby Metoxen will be excused at 3:00 a.m. for a family commitment. II. OPENING (00:00:01) Opening provided by Councilman Kirby Metoxen. A. Special recognition for years of service (00:00:17) Sponsor: Geraldine Danforth, Area Manager/Human Resources Special recognition for years of service by Chairman Tehassi Hill of the following individuals: 40 years of service - Kathleen V. Danforth, Cecelia M. Cornelius; 35 years of service - Albert R. King, Wendy T. Bloedorn, Kendall J. Barton; 30 years of service - Robert M. Ninham, Cynthia M. Niesen, David W. Danforth, Sr.; 25 years of service - Michael L. Otradovec, Jill E. Friberg, Jeanette L. Ninham, Allan S. Lucas, Paul T. Peltier, Christian D. Jordan, Todd J. Mendolla; 1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file sharing, and video meetings. Oneida Business Committee Regular Meeting Minutes Page 1 of 12 July 14, 2021 Public Packet 8 of 188 DRAFT III. ADOPT THE AGENDA (00:04:04) Motion by David P. Jordan to adopt the agenda with two (2) changes [1) under the Reports section, delete item entitled "Approve the travel request – Vice-Chairman Brandon Stevens – Reservation Economic Summit – Lawrence, KS – July 27-30, 2021"; and 2) before the General Tribal Council section, add "Reports/Other" section and add item entitled "Accept the Joint Marketing FY-2021 2nd quarter report"], seconded by Marie Summers. Motion carried2: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster IV. OATH OF OFFICE (00:05:33); (02:05:01) When this item was initially addressed, Mr. Gollnick was not present; the discussion indicated his oath would be rescheduled. Item V.A. was addressed next. Oath of office administered by Chairman Tehassi Hill. William Gollnick was present via Microsoft Teams. Item XI.B. was addressed next. A. V. Oneida Trust Enrollment Committee - William Gollnick Sponsor: Lisa Liggins, Secretary MINUTES A. Approve the June 9, 2021, regular Business Committee meeting minutes (00:06:21) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to approve the June 9, 2021, regular Business Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster B. Approve the June 23, 2021, regular Business Committee meeting minutes (00:07:02) Sponsor: Lisa Liggins, Secretary Motion by Kirby Metoxen to approve the June 23, 2021, regular Business Committee meeting minutes with two (2) changes [1) on page 1, under the Call to Order section, add the reason for Councilwoman's early departure; and 2) on page 4, add the reason for Councilwoman Jennifer Webster's early departure], seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: David P. Jordan 2 The Joint Marketing FY-2021 2nd quarter report referenced in this motion should have been added under the Executive Session/Reports section; it has been placed in the proper place in these minutes and for the record. Oneida Business Committee Regular Meeting Minutes Page 2 of 12 July 14, 2021 Public Packet 9 of 188 DRAFT C. Approve the June 30, 2021, emergency Business Committee meeting minutes (00:08:49 Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to approve the June 30, 2021, emergency Business Committee meeting minutes, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Kirby Metoxen VI. RESOLUTIONS A. Enter e-poll results into the record regarding the adopted BC resolution # 06-2521-A The Oneida Meat Processing Plant Feasibility Study (00:09:34) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to enter the e-poll results into the record regarding the adopted BC resolution # 06-25-21-A The Oneida Meat Processing Plant Feasibility Study, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Tina Danforth VII. APPOINTMENTS A. Post two (2) vacancies - Oneida Trust Enrollment Committee (00:10:22) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to post up to three (3) vacancies for the Oneida Trust Enrollment Committee, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Tina Danforth VIII. STANDING COMMITTEES A. LEGISLATIVE OPERATING COMMITTEE 1. Accept the June 2, 2021, regular Legislative Operating Committee meeting minutes (00:11:29) Sponsor: David P. Jordan, Councilman Motion by Marie Summers to accept the June 2, 2021, regular Legislative Operating Committee meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 3 of 12 July 14, 2021 Public Packet 10 of 188 DRAFT IX. TRAVEL REQUESTS A. Enter the e-poll results into the record regarding the approved travel request for Chairman Tehassi Hill to attend the National Indian Gaming Tradeshow & Convention in Las Vegas, NV - July 18-22, 2021 (00:12:05) Sponsor: Lisa Liggins, Secretary Motion by David P. Jordan to enter the e-poll results into the record regarding the approved travel request for Chairman Tehassi Hill to attend the National Indian Gaming Tradeshow & Convention in Las Vegas, NV - July 18-22, 2021, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster For the record: Councilwoman Jennifer Webster stated I just think that if we're out traveling putting ourselves in a plane with 200 people, putting ourselves in a conference with 1000 people, then we should, as tribal leaders, be held to a higher standard and also be able to come to work more. I just think that as tribal leaders we're held to a higher standard and we need to find a balance. Thank you. B. Enter e-poll results into the record regarding the approved travel request for one (1) essential worker and her three (3) guests, to be authorized and paid for from the Chairman’s travel budget (00:13:57) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to enter the e-poll results into the record regarding the approved travel request for one (1) essential worker and her three (3) guests, to be authorized and paid for from the Chairman’s travel budget, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster For the record: Councilman Kirby Metoxen stated it was one of our front-line employees through Retail that went to represent at the White House and got bring three family members. Awesome, incredible, they had to have been excited. X. NEW BUSINESS A. Enter e-poll results into the record regarding the approval of Chairman Tehassi Hill to sign the certification and submit the IRS 941 forms to verify 2019 employment data (00:15:21) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to enter the e-poll results into the record regarding the approval of Chairman Tehassi Hill to sign the certification and submit the IRS 941 forms to verify 2019 employment data, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 4 of 12 July 14, 2021 Public Packet 11 of 188 DRAFT B. Accept the Chief Financial Officer status report of the FRF Office and lost revenue formula (00:16:00) Sponsor: Tina Danforth, Treasurer Motion by David P. Jordan to accept the Chief Financial Officer status report of the FRF Office and lost revenue formula, seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Motion by Lisa Liggins to move the revenue related information submitted in the handout to executive session, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Motion by Lisa Liggins to create a standing item on the Business Committee meeting agenda for future updates regarding the FRF Office and any FRF requests/proposals, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster C. Review request for exception to the Boards Committees and Commissions Law and resolution # BC-08-12-20-C, Amended Boards Committees and Commissions Law Stipends (00:22:16) Sponsor: Debra J. Danforth, Chair/Oneida Trust Enrollment Committee Motion by Lisa Liggins to deny the request for an exception and forward the request back to the Oneida Trust Enrollment Committee, seconded by Daniel Guzman King. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster D. Approve the Family Fitness request to post one (1) grant funded position for one (1) Fitness Specialist-Wellness Trainer (00:28:25) Sponsor: Geraldine Danforth, Area Manager/Human Resources Motion by Jennifer Webster to approve the Family Fitness request to post one (1) grant funded position for one (1) Fitness Specialist-Wellness Trainer, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster E. Approve the WI Department of Transportation and Oneida Nation memorandum of agreement for the WisDOT Tribal Historic Preservation Project - file # 2021-0443 (00:31:31) Sponsor: Mark W. Powless, General Manager Motion by Jennifer Webster to approve the WI Department of Transportation and Oneida Nation memorandum of agreement for the WisDOT Tribal Historic Preservation Project - file # 2021-0443, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 5 of 12 July 14, 2021 Public Packet 12 of 188 DRAFT F. Support the WisDOT Wisconsin Information System for Local Roads (WISLR) program letter (00:32:45) Sponsor: Marie Summers, Councilwoman Motion by Lisa Liggins to support the letter dated July 7, 2021, to the State Tribal Affairs Program Manager regarding the WisDOT Wisconsin Information System for Local Roads program submitted by Councilwoman Marie Summers, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster G. Approve a limited waiver of sovereign immunity - Mercer (US) Inc agreement – file # 2021-0383 (00:34:27) Sponsor: Geraldine Danforth, Area Manager/Human Resources Motion by Lisa Liggins to approve a limited waiver of sovereign immunity for the Mercer (US) Inc agreement - file # 2021-0383, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster H. Approve Carrie Lindsey to participate on the National Native Elder Justice Advisory Committee (00:35:34) Sponsor: Mark W. Powless, General Manager Motion by Jennifer Webster to approve Carrie Lindsey to participate on the National Native Elder Justice Advisory Committee, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster I. Approve Debra Miller to participate as a member to the Wisconsin Dementia Resource Network (WDRN) Advisory Board (00:38:08) Sponsor: Mark W. Powless, General Manager Motion by Jennifer Webster to approve Debra Miller to participate as a member to the Wisconsin Dementia Resource Network (WDRN) Advisory Board, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Item XII.A.3. was addressed next. Oneida Business Committee Regular Meeting Minutes Page 6 of 12 July 14, 2021 Public Packet 13 of 188 DRAFT XI. GENERAL TRIBAL COUNCIL A. Discuss General Tribal Council meeting safety protocols (00:42:08) Sponsor: Lisa Liggins, Secretary Treasurer Tina Danforth left at 10:09 a.m. Treasurer Tina Danforth returned at 10:15 a.m. Motion by Lisa Liggins to accept the discussion regarding General Tribal Council meeting safety protocols as information, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Councilman Kirby Metoxen left at 10:35 a.m. Item IV.A. was re-addressed next. B. Approve notice and materials for August 26, 2021, tentatively scheduled special GTC meeting (02:07:54) Sponsor: Lisa Liggins, Secretary Councilman Kirby Metoxen returned at 10:39 a.m. Chairman Tehassi Hill left at 10:40 a.m.; Vice-Chairman Brandon Stevens assumed the responsibilities of the Chair. Chairman Tehassi Hill returned at 10:43 a.m. and assumed the responsibilities of the Chair. Motion by Lisa Liggins to approve the notice and materials for August 26, 2021, tentatively scheduled special GTC meeting noting that changes may be made for page limit and that additional information regarding exiting procedures, safety protocols, and capacity will be added, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Opposed: Daniel Guzman King For the record: Councilman Daniel Guzman King stated I support the public health officer recommendation to not hold a GTC meeting and I do not support the stipends and do not support the dissolution of the [Oneida] Land Claims Commission. Thank you. For the record: Councilwoman Jennifer Webster stated I do not support the dissolution of [the Oneida] Land Claims [Commission]. Motion by Lisa Liggins to repeal BC resolution # 04-08-20-F, accept the Chief Financial Officer input provided in accordance with section 121.8-3.(a), approve payment of GTC meeting stipends for the two (2) GTC meetings tentatively scheduled in FY-21 in accordance with the GTC Meeting Stipend Payment Policy, and direct the noted changes be made into the meeting materials, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Opposed: Daniel Guzman King, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 7 of 12 July 14, 2021 Public Packet 14 of 188 DRAFT C. Accept the fiscal impact statement for the Mike Debraska Petition regarding Increase GTC meeting stipends (02:17:39) Sponsor: Larry Barton, Chief Financial Officer Motion by Lisa Liggins to accept the fiscal impact statement for the Mike Debraska Petition regarding Increase GTC meeting stipends, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Daniel Guzman King D. Accept the legal review or status update for the Lori Elm Petition regarding Real Property Law Eviction and Termination (02:18:18) Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Liggins to accept the legal review for the Lori Elm Petition regarding Real Property Law Eviction and Termination, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster E. Accept the fiscal impact statement for the Lori Elm Petition regarding Real Property Law Eviction and Termination (02:19:15) Sponsor: Larry Barton, Chief Financial Officer Motion by Lisa Liggins to accept the fiscal impact statement for the Lori Elm Petition regarding Real Property Law Eviction and Termination, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster F. Determine next steps regarding outstanding petitions (02:19:49) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to place the Mike Debraska Petition regarding Increase GTC meeting stipend and the Lori Elm Petition regarding Real Property Law Eviction and Termination on the tentatively scheduled September 16, 2021, special GTC meeting agenda, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 8 of 12 July 14, 2021 Public Packet 15 of 188 DRAFT XII. EXECUTIVE SESSION (02:21:32) Motion by David P. Jordan to go into executive session at 10:55 a.m., seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster The Oneida Business Committee, by consensus, recessed at 12:00 p.m. to 1:30 p.m. Meeting called to order by Chairman Tehassi Hill at 1:34 p.m. Councilman Kirby Metoxen left at 3:00 p.m. Secretary Lisa Liggins left at 3:12 p.m. Motion by David P. Jordan to come out of executive session at 4:28 p.m., seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins, Kirby Metoxen A. REPORTS 1. Accept the Chief Counsel report (02:23:40) Sponsor: Jo Anne House, Chief Counsel Motion by Daniel Guzman King to accept the Chief Counsel report, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins, Kirby Metoxen Motion by Jennifer Webster to approve the first amendment to the contract with Kristen Hooker, Legislative Reference Office - contract # 2018-0869, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins, Kirby Metoxen 2. Accept the General Manager report (02:24:30) Sponsor: Mark W. Powless, General Manager Motion by Jennifer Webster to accept the General Manager report, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins, Kirby Metoxen Item XII.B.1. was addressed next. Oneida Business Committee Regular Meeting Minutes Page 9 of 12 July 14, 2021 Public Packet 16 of 188 DRAFT 3. Accept the Joint Marketing FY-2021 2nd quarter report (00:39:36) Sponsor: James Petitjean, Interim Retail General Manager Motion by Lisa Liggins to defer the Joint Marketing FY-2021 2nd quarter report to the July 28, 2021, regular Business Committee meeting agenda and request that a representative be present, seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Item XI.A. was addressed next. B. AUDIT COMMITTEE 1. Accept the May 20, 2021, regular Audit Committee meeting minutes (02:24:56) Sponsor: David P. Jordan, Councilman Motion by Marie Summers to accept the May 20, 2021, regular Audit Committee meeting minutes, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins, Kirby Metoxen 2. Accept the Anna John Resident Centered Care Community Patient Account Receivables operational audit and lift the confidentiality requirement (02:25:30) Sponsor: David P. Jordan, Councilman Motion by David P. Jordan to accept the Anna John Resident Centered Care Community Patient Account Receivables operational audit and lift the confidentiality requirement, seconded by Brandon Stevens. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins, Kirby Metoxen C. NEW BUSINESS 1. Approve the Greater Green Bay Convention & Visitor's Bureau agreement – file # 2021-0404 (02:26:06) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by David P. Jordan to approve the Greater Green Bay Convention & Visitor's Bureau agreement – file # 2021-0404, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 10 of 12 July 14, 2021 Public Packet 17 of 188 DRAFT 2. Approve the U.S. Dept. of Interior-Multi Year Funding Amendment #8 agreement – file # 2021-0463 (02:26:31) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by Jennifer Webster to approve the U.S. Dept. of Interior-Multi Year Funding Amendment #8 agreement – file # 2021-0463, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins, Kirby Metoxen 3. Accept the Gaming General Manager's update regarding the implementation of Sports Wagering (02:27:02) Sponsor: Louise Cornelius, Gaming General Manager Motion by Marie Summers to accept the Gaming General Manager's update regarding the implementation of Sports Wagering, seconded by Brandon Stevens. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins, Kirby Metoxen 4. Complaint # 2021-DRGMR14-01 - Review final recommendation and determine next steps (02:27:26) Sponsor: Jessica Vandekamp, Employee Relations Representative Motion by Marie Summers to approve the recommendation of the BC sub-team, closeout complaint # 2021-DRGMR14-01, and have Vice-Chairman Brandon Stevens follow-through with the employee, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Brandon Stevens, Marie Summers Abstained: Tina Danforth, Daniel Guzman King, Jennifer Webster Not Present: Lisa Liggins, Kirby Metoxen 5. Complaint # 2021-BCDR16-02 - Review and determine next steps (02:28:11) Sponsor: Marie Summers, Councilwoman Motion by Jennifer Webster to accept complaint # 2021-BCDR16-02 as having merit and assign Chairman Tehassi Hill, Secretary Lisa Liggins, Treasurer Tina Danforth, Councilmembers David P. Jordan, Daniel Guzman King, and Jennifer Webster to the investigation sub-team, seconded by Brandon Stevens. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins, Kirby Metoxen 6. Approve a limited waiver of sovereign immunity - BMO Harris Bank N.A. agreement – file # 2021-0449 (02:28:55) Sponsor: Tina Danforth, Treasurer Motion by Jennifer Webster to approve a limited waiver of sovereign immunity for the BMO Harris Bank N.A. agreement – file # 2021-0449, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 11 of 12 July 14, 2021 Public Packet 18 of 188 DRAFT 7. Determine next steps regarding the proposed direction of budget consolidation (02:29:20) Sponsor: Tina Danforth, Treasurer Motion by David P. Jordan to approve utilization of the FY-2016, FY-2017, FY-2018 carry-over funds to balance the [FY-2022] budget, to direct the General Manager to review the Technology Set-asides and Building and Maintenance requests to reduce by $1 million each, to direct the Gaming General Manager to reduce the Gaming CapEx by $1 million, to finalize the CIP list on July 15, and to schedule a work session at 10:00 am on Friday, July 16, 2021 to finalize the budget, seconded by Jennifer Webster. Motion failed: Ayes: Tehassi Hill, David P. Jordan, Jennifer Webster Opposed: Tina Danforth, Daniel Guzman King, Brandon Stevens, Marie Summers Not Present: Lisa Liggins, Kirby Metoxen Motion by David P. Jordan to approve utilization of the FY-2016, FY-2017, FY-2018 carry-over funds to balance the [FY-2022] budget, to finalize the CIP list on July 15, 2021, and to schedule a special BC work session at 10:00 am on Friday, July 16, 2021, to finalize the budget, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins, Kirby Metoxen 8. Review offer to purchase and determine next steps (02:34:24) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by Jennifer Webster to approve a limited waiver of sovereign immunity for contract # 2021-0494 and authorize the Chairman to sign the offer to purchase, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins, Kirby Metoxen XIII. ADJOURN (02:34:56) Motion by Daniel Guzman King to adjourn at 4:40 p.m., seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Lisa Liggins, Kirby Metoxen Minutes prepared by Lisa Liggins, Secretary. Minutes approved as presented on . Lisa Liggins, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 12 of 12 July 14, 2021 Public Packet 19 of 188 Adopt resolution entitled The Oneida Airport Hotel Corporation will be Selling Alcohol Beverages in... Public Packet 20 of 188 Public Packet 21 of 188 Public Packet 22 of 188 Public Packet 23 of 188 Adopt resolution entitled The Oneida Bingo & Casino Will Be Selling Alcohol Beverages in Accordance... Public Packet 24 of 188 Public Packet 25 of 188 Public Packet 26 of 188 Public Packet 27 of 188 Adopt resolution entitled The Oneida Casino – West Mason Casino Will Be Selling Alcohol Beverages in.. Public Packet 28 of 188 Public Packet 29 of 188 Public Packet 30 of 188 Public Packet 31 of 188 Adopt resolution entitled The Oneida Golf Enterprises for Thornberry Creek at Oneida, will be Selling... Public Packet 32 of 188 Public Packet 33 of 188 Public Packet 34 of 188 Public Packet 35 of 188 Adopt resolution entitled The Oneida Nation Four Paths will be Selling Alcohol Beverages in Accordance . Public Packet 36 of 188 Public Packet 37 of 188 Public Packet 38 of 188 Public Packet 39 of 188 Adopt resolution entitled The Oneida Retail Enterprise, Oneida Casino Travel Center Will Be selling... Public Packet 40 of 188 Public Packet 41 of 188 Public Packet 42 of 188 Public Packet 43 of 188 Adopt resolution entitled Oneida Retail Enterprise Oneida One Stop – E & EE will be Selling Alcohol... Public Packet 44 of 188 Public Packet 45 of 188 Public Packet 46 of 188 Public Packet 47 of 188 Adopt resolution entitled Oneida Retail Enterprise Oneida One Stop – Larsen Will Be Selling Alcohol... Public Packet 48 of 188 Public Packet 49 of 188 Public Packet 50 of 188 Public Packet 51 of 188 Adopt resolution entitled The Oneida Retail Enterprise, Oneida One Stop – Packerland will be Selling... Public Packet 52 of 188 Public Packet 53 of 188 Public Packet 54 of 188 Public Packet 55 of 188 Adopt resolution entitled The Oneida Retail Enterprise Oneida One Stop – Westwind Will be Selling... Public Packet 56 of 188 Public Packet 57 of 188 Public Packet 58 of 188 Public Packet 59 of 188 Adopt resolution entitled The Three Clans Airport, LLC will be Selling Alcohol Beverages in Accordance... Public Packet 60 of 188 Public Packet 61 of 188 Public Packet 62 of 188 Public Packet 63 of 188 Oneida Business Committee Agenda Request Adopt resolution entitled Amending Requirement for a Statement of Effect to Exclude Resolutions... 1. Meeting Date Requested: 7 / 28 / 21 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: Adopt the resolution entitled, "Amending Requirement for a Statement of Effect to Exclude Resolutions Obligating ARPA FRF LR Funds for Projects Approved Through the FRF Office" 3. Supporting Materials Report Resolution Contract Other: 1. Statement of Effect 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: Clorissa N. Santiago, LRO Senior Staff Attorney Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 64 of 188 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Oneida, WI 54155 BC Resolution # Leave this line blank Amending Requirement for a Statement of Effect to Exclude Resolutions Obligating ARPA FRF LR Funds for Projects Approved Through the FRF Office WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Business Committee adopted resolution # BC-09-25-19-B, Updated Statement of Effect Requirement for Resolutions; and WHEREAS, the purpose of a Statement of Effect for resolutions is to ensure that the Resolves set forth in the resolution are clear and in compliance with laws, rules and directives of the Nation; and WHEREAS, there are exceptions to the Statement of Effect requirement for resolutions which are reviewed through another process – such as grant approval resolutions or contract approval resolutions – or which are a political action – such as appointments to state or federal committees; and WHEREAS, the Oneida Business Committee adopted resolution # BC-06-09-21-B, Setting Goals for Application of Funding from the American Rescue Plan Act of 2021 to Direct Support to Individuals, Families. Community and the Oneida Nation, as amended by resolution # BC06-23-21-C; and WHEREAS, the resolution identifies use of funds, allocations to eight categories of actions, review and approval of the funds by the FRF Office, and how project expenses are managed and reported in order track for acceptable use and auditing purposes; and WHEREAS, the Oneida Business Committee has determined that this supplies sufficient review and oversight that a Statement of Effect is not necessary for resolutions obligating ARPA FRF LR investment funds to projects; NOW THEREFORE BE IT RESOLVED, resolution # BC-09-25-19-B, Updated Statement of Effect Requirement for Resolutions, is amended to provide for an exemption to the requirement for a Statement of Effect for resolutions obligating APRA FRF LR investments to projects in accordance with resolution # BC-06-09-21-B, Setting Goals for Application of Funding from the American Rescue Plan Act of 2021 to Direct Support to Individuals, Families. Community and the Oneida Nation, as amended by resolution # BC-06-23-21-C. Public Packet 65 of 188 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Amending Requirement for a Statement of Effect to Exclude Resolutions Obligating ARPA FRF LR Funds for Projects Approved Through the FRF Office Summary The resolution amends resolution BC-09-25-19-B to exempt resolutions obligating ARPA FRF LR investment funds to projects from the requirement to be accompanied by a statement of effect developed by the Legislative Reference Office for adoption by the Oneida Business Committee or the Oneida General Tribal Council. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: July 19, 2021 Analysis by the Legislative Reference Office The requirement that a resolution proposed for adoption by the Oneida Business Committee or General Tribal Council be accompanied by a statement of effect was first adopted through resolution BC-08-16-95-A. Resolution BC-08-16-95-A provided that resolutions for grant applications, Indian Health Service resolutions, or resolutions for the purchase of land or placement of land into trust status would be exempt from the requirement of a statement of effect. The Oneida Business Committee amended resolution BC-08-16-95-A through the adoption of resolution BC-06-01-05-C, Statement of Effect Requirement for Resolutions, to provide that the nominations of individuals to serve on a particular entity and resolutions in support of a cause or individual would also be exempt from the statement of effect requirement. The Oneida Business Committee then updated the list of exemptions to the statement of effect requirement through the adoption of resolution BC-09-25-19-B, Updated Statement of Effect Requirement for Resolutions, which amended resolution BC-06-01-05-C to provide additional types of resolutions that should be exempt from the requirement to be accompanied by a statement of effect. Resolution BC-09-25-19-B provided that all resolutions proposed for adoption by the Oneida Business Committee or the Oneida General Tribal Council shall be accompanied by a statement of effect developed by the Legislative Reference Office, unless the resolution meets one of the following exemptions to the requirement for a statement of effect:  Resolutions for grant applications;  Self-governance contract or compact resolutions;  Resolutions for the purchase of land or placement of land into trust status;  Nominations of individuals to serve on a particular entity;  Resolutions in support of a cause or individual;  Resolutions regarding the pardoning or forgiveness of any member of the Nation; and  Resolutions which approve a contract or agreement accompanied by a legal review. Page 1 of 2 Public Packet 66 of 188 It again has been determined that the list of exemptions to the statement of effect requirement should be amended. This resolution amends resolution BC-09-25-19-B to provide for an exemption to the requirement for a statement of effect for resolutions obligating APRA FRF LR investments to projects in accordance with resolution BC-06-09-21-B, Setting Goals for Application of Funding from the American Rescue Plan Act of 2021 to Direct Support to Individuals, Families, Community and the Oneida Nation, as amended by resolution BC-06-2321-C. Resolution BC-06-09-21-B, as amended by resolution BC-06-23-21-C, identifies use of funds, allocations to eight categories of actions, review and approval of the funds by the FRF Office, and how project expenses are managed and reported in order track for acceptable use and auditing purposes. The Oneida Business Committee has determined that this supplies sufficient review and oversight that a statement of effect is not necessary for resolutions obligating ARPA FRF LR investment funds to projects. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 67 of 188 Oneida Business Committee Agenda Request Adopt resolution entitled Extension of the Emergency Amendments to the Oneida General Welfare Law 1. Meeting Date Requested: 7 / 28 / 21 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: Adopt the resolution entitled, "Extension of the Emergency Amendments to the Oneida General Welfare Law" 3. Supporting Materials Report Resolution Contract Other: 1. Emergency Amendments Extension Memo 3. Oneida General Welfare Law 2. Statement of Effect 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: Clorissa N. Santiago, LRO Senior Staff Attorney Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 68 of 188 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov TO: FROM: DATE: RE: Oneida Business Committee David P. Jordan, LOC Chairperson July 28, 2021 Extension of the Oneida General Welfare Law Emergency Amendments Please find the following attached backup documentation for your consideration of the extension of the Oneida General Welfare Law Emergency Amendments: 1. Resolution: Extension of the Emergency Amendments to the Oneida General Welfare Law 2. Statement of Effect: Extension of the Emergency Amendments to the Oneida General Welfare Law 3. Oneida General Welfare Law Overview The Oneida General Welfare law (the “Law”) was adopted by the Oneida Business Committee on an emergency basis through resolution BC-08-12-20-D for the purpose of providing assistance on a non-taxable basis, to eligible Tribal members through approved programs that promote the general welfare of the Nation including programs designed to enhance the promotion of health, education, self-sufficiency, self-determination, and the maintenance of culture and tradition, entrepreneurship, and employment.. [10 O.C. 1001.1-1, 1001.1-3, 1001.9-2]. The emergency adoption of this Law was set to expire on February 12, 2021. Emergency amendments to the Law were then adopted by the Oneida Business Committee through resolution BC-02-10-21-B for the purpose of addressing how an approved program would be adopted by the Oneida Business Committee in an effort to allow for more flexibility and efficiency in addressing the needs of the Nation. The emergency amendment to the Law revises the definition of approved program to allow an approved program to be adopted by the Oneida Business Committee through resolution or law of the Nation. [10 O.C. 1001.3-1(a)]. Previously, an approved program could only be adopted by the Oneida Business Committee through a law of the Nation. The Oneida Business Committee is delegated the authority to temporarily enact legislation when legislation is necessary for the immediate preservation of the public health, safety, or general welfare of the Reservation population, and the amendment of the legislation is required sooner than would be possible under the Legislative Procedures Act. [1 O.C. 109.9-5]. The emergency amendment to this Law was necessary for the preservation of the general welfare of the Reservation population. The emergency amendment to this Law assisted in more efficiently addressing the economic needs of the Reservation population during the public health crisis that is the COVID-19 pandemic by allowing the Nation more flexibility in establishing and operating Page 1 of 2 Public Packet 69 of 188 approved programs that may provide assistance to Tribal members on a non-taxable basis through the adoption of a resolution in addition to the adoption of a law. Additionally, observance of the requirements under the Legislative Procedures Act for the adoption of these emergency amendments was contrary to public interest since the Nation is currently experiencing the vast effects of the COVID-19 pandemic, and the process and requirements of the Legislative Procedures Act could not be completed in time to ensure that the Law could be amended to best assist members of the Nation during this COVID-19 pandemic through the development of approved programs which provide assistance to Tribal members. The emergency amendments to the Law will expire on August 10, 2021. The Legislative Procedures Act allows the Oneida Business Committee to extend emergency amendments for a six (6) month time period. [1 O.C. 109.9-5(b)]. A six (6) month extension of the emergency amendments to the Law is being requested to provide additional time for the Legislative Operating Committee to process the adoption of permanent amendments to the Law. The extension of the emergency amendments to the Law will become effective on August 10, 2021, when the emergency amendments as adopted through BC-02-10-21-B expire, and will remain in effect for an additional six (6) month term which will end on February 10, 2022. Requested Action Approve the Resolution: Extension of the Emergency Amendments to the Oneida General Welfare Law Page 2 of 2 Public Packet Oneida Nation 70 of 188 Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Oneida, WI 54155 BC Resolution # Extension of the Emergency Amendments to the Oneida General Welfare 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 Oneida General Welfare law (“the Law”) was adopted by the Oneida Business Committee on an emergency basis through resolution BC-08-12-20-D, and amended on an emergency basis by resolution BC-02-10-21-B; and WHEREAS, the purpose of the Law is to provide assistance on a non-taxable basis, to eligible Tribal members through approved programs that promote the general welfare of the Nation including programs designed to enhance the promotion of health, education, selfsufficiency, self-determination, and the maintenance of culture and tradition, entrepreneurship, and employment; and WHEREAS, the Legislative Procedures Act authorizes the Oneida Business Committee to enact legislation on an emergency basis when legislation is necessary for the immediate preservation of the public health, safety, or general welfare of the Reservation population, and the amendment of the legislation is required sooner than would be possible under the Legislative Procedures Act; and WHEREAS, the Oneida Business Committee adopted emergency amendments to the Law through resolution BC-02-10-21-B for the purpose of addressing how an approved program would be adopted by the Oneida Business Committee in an effort to allow for more flexibility and efficiency in addressing the needs of the Nation; and WHEREAS, the emergency amendments to the Law revised the definition of approved program to allow an approved program to be adopted by the Oneida Business Committee through resolution or law of the Nation; and WHEREAS, the Oneida Business Committee determined that the emergency adoption of these amendments to the Law were necessary for the preservation of the general welfare of the Reservation population to assist in more efficiently addressing the economic needs of the Reservation population during the public health crisis that is the COVID-19 pandemic by allowing the Nation more flexibility in establishing and operating approved programs that may provide assistance to Tribal members on a non-taxable basis through the adoption of a resolution in addition to the adoption of a law; and WHEREAS, observance of the requirements under the Legislative Procedures Act for adoption of these emergency amendments was contrary to public interest; and Public Packet 48 49 50 51 52 53 54 55 56 57 58 59 60 71 of 188 BC Resolution _____________ Extension of the Emergency Amendments to the Oneida General Welfare Law Page 2 of 2 WHEREAS, emergency legislation is effective for a period of six (6) months, renewable for an additional six (6) months by the Oneida Business Committee; and WHEREAS, the emergency amendments to the Law will expire on August 10, 2021; and WHEREAS, a six (6) month extension of the emergency amendments is being requested to allow for the emergency amendments to remain in effect while the Legislative Operating Committee develops permanent amendments to the Law; and NOW THEREFORE BE IT RESOLVED, that the emergency amendments to the Oneida General Welfare law are hereby extended for an additional six (6) month period, effective August 10, 2021, and shall expire on February 10, 2022. Public Packet 72 of 188 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Extension of the Emergency Amendments to the Oneida General Welfare Law Summary This resolution extends the emergency amendments to the Oneida General Welfare law adopted through resolution BC-02-10-21-B for an additional six (6) months in accordance with the Legislative Procedures Act. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: July 20, 2021 Analysis by the Legislative Reference Office This resolution extends the emergency amendments to the Oneida General Welfare law (“the Law”) for an additional six (6) month term. The purpose of the Law is to provide assistance on a non-taxable basis, to eligible Tribal members through approved programs that promote the general welfare of the Nation including programs designed to enhance the promotion of health, education, self-sufficiency, self-determination, and the maintenance of culture and tradition, entrepreneurship, and employment. [10 O.C. 1001.1-1, 1001.1-3, 1001.9-2]. Emergency amendments to the Law were adopted by the Oneida Business Committee through resolution BC-02-10-21-E for the purpose of addressing how an approved program would be adopted by the Oneida Business Committee in an effort to allow for more flexibility and efficiency in addressing the needs of the Nation. The emergency amendment to the Law revised the definition of approved program to allow an approved program to be adopted by the Oneida Business Committee through resolution or law of the Nation. [10 O.C. 1001.3-1(a)]. Previously, an approved program could only be adopted by the Oneida Business Committee through a law of the Nation. The Legislative Procedures Act (LPA) allows the Oneida Business Committee to take emergency action where it is necessary for the immediate preservation of the public health, safety or general welfare of the Reservation population and when enactment or amendment of legislation is required sooner than would be possible under the LPA. [1 O.C. 109.9-5]. The Oneida Business Committee determined the emergency amendment to this Law was necessary for the preservation of the general welfare of the Reservation population. The emergency amendment to this Law assisted in more efficiently addressing the economic needs of the Reservation population during the public health crisis that is the COVID-19 pandemic by allowing the Nation more flexibility in establishing and operating approved programs that may provide assistance to Tribal members on a non-taxable basis through the adoption of a resolution in addition to the adoption of a law. Page 1 of 2 Public Packet 73 of 188 Additionally, the Oneida Business Committee determined observance of the requirements under the Legislative Procedures Act for the adoption of these emergency amendments was contrary to public interest since the Nation is currently experiencing the vast effects of the COVID-19 pandemic, and the process and requirements of the Legislative Procedures Act could not be completed in time to ensure that the Law could be amended to best assist members of the Nation during this COVID-19 pandemic through the development of approved programs which provide assistance to Tribal members. The emergency amendments to the Law will expire on August 10, 2021. The Legislative Procedures Act allows the Oneida Business Committee to extend emergency amendments for a six (6) month time period. [1 O.C. 109.9-5(b)]. A six (6) month extension of the emergency amendments to the Law is being requested to provide additional time for the Legislative Operating Committee to process the adoption of permanent amendments to the Law. The extension of the emergency amendments to the Law will become effective on August 10, 2021, when the emergency amendments as adopted through BC-02-10-21-B expire, and will remain in effect for an additional six (6) month term which will end on February 10, 2022. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 74 of 188 Consideration of the Extension of Emergency Amendments by the Oneida Business Committee 2021 07 28 Title 10. General Welfare Exclusion - Chapter 1001 ONEIDA GENERAL WELFARE 1001.1. Purpose and Policy 1001.2. Adoption, Amendment, Repeal 1001.3. Definitions 1001.4. Ratification of Prior Acts 1001.5. General Welfare Doctrine and IRS Revenue Procedure 2014-53/ Tribal General Welfare Exclusion of 2014 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 1001.6. Non-Recourse Designation 1001.7. Governing Law; Sovereignty 1001.8. Federal Trust Obligations 1001.9. Approved Program Guidelines 1001.1. Purpose and Policy 1001.1-1. Purpose. The purpose of this law is to provide assistance to eligible Tribal members. The Nation affirms hereby its sovereign right to do so on a non-taxable basis, pursuant to the principles of the General Welfare Exclusion to Indian Tribal governmental programs that provide benefits to Tribal members. 1001.1-2. The federal government through the Tribal General Welfare Exclusion Act of 2014, codified at 26 U.S.C §139E and the Internal Revenue Service, through its traditional application of the general welfare doctrine and subsequent guidance, has recognized the sovereign right of Indian tribal governments to provide financial assistance to its Tribal members under certain circumstances on a non-taxable basis. 1001.1-3. Policy. It is the policy of the Nation to provide assistance to Tribal members through approved programs that promote the general welfare of the Nation. This law provides a framework for approved programs to follow to ensure compliance with the General Welfare Exclusion, 26 U.S.C. §139E, and applicable Internal Revenue Service regulations or revenue procedures including I.R.S. Rev. Proc. 2014-35. Further, it is the intent of the Oneida Business Committee that all assistance provided under this law: (a) is available to any recipients who satisfy the program policies, subject to budgetary restraints; (b) is made under an approved program that does not discriminate in favor of members of the Nation’s governing body; (c) is not provided as compensation for goods and/or services; and (d) is not lavish or extravagant under the facts and circumstances, as determined by the Oneida Business Committee. 1001.2. Adoption, Amendment, Repeal 1001.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by resolution BC-08-12-20-D, and emergency amended by resolution BC-02-10-21-B. 1001.2-2. This law may be amended or repealed by the Oneida Business Committee or the General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 1001.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 1001.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 1001.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 1001.3. Definitions 1001.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) "Approved program" means any program(s) to provide general welfare assistance that 10 O.C. 1001 – Page 1 Public Packet 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 75 of 188 is intended to qualify as non-taxable as a General Welfare Exclusion, administered under specific guidelines, and is adopted by the Oneida Business Committee through resolution or law of the Nation. (b) "Assistance" means benefits or payments under an approved program, which are paid to or on behalf of a recipient pursuant to this law, provided, that such assistance shall be owed back to the Nation from the Tribal member recipient in the event the Tribal member misappropriates the assistance. (c) “Benefits” means any approved program assistance, including payments, which is provided pursuant to this law. (d) “General Test” means the criteria used to determine if any assistance or benefits provided through an approved program to a recipient shall be treated as a General Welfare Exclusion. The criteria of the General Test include the following: (1) Paid on behalf of the Nation; (2) Pursuant to an approved program; (3) Does not discriminate in favor of members of the governing body of the Nation; (4) Are available to any Tribal member who meets the guidelines of the approved program; (5) Are for the promotion of general welfare; (6) Are not lavish or extravagant; (7) Are not compensation for services; and (8) Are not per capita payments. (e) “General Welfare Exclusion” means any benefits shall be treated as non-taxable under federal law so long as it satisfies the requirements for exclusion under 26 U.S.C. §139E, is provided under a Safe Harbor Program listed and detailed in I.R.S. Rev. Proc. 2014-35 or subsequent Internal Revenue Service procedures or regulations, or it meets the General Test. (f) “General welfare need” means a need, in the sole discretion of the Oneida Business Committee, which shall be met to ensure the Nation’s longevity as a self-governing Indian nation, and includes needs in the areas of health, education, self-sufficiency, selfdetermination, the maintenance of culture and tradition, entrepreneurship, and employment. (g) “Lavish” or “Extravagant” shall have the meaning determined by the Oneida Business Committee in its discretion and based on the circumstances, taking into account needs unique to the Nation as well as the social purpose being served by the particular assistance at hand, except as otherwise may be required for compliance with final guidance issued under 26 U.S.C. §139E following consultation between the Nation and the federal government. (h) “Nation” means the Oneida Nation. (i) “Recipient” means any Tribal member entitled to receive assistance in accordance with approved program requirements. (j) "Tribal member" means an individual who is an enrolled member of the Nation. 1001.4. Ratification of Prior Acts 1001.4-1. This law is not to be construed as creating new general welfare assistance rights which are an inherent right of Nation. Rather, this law is intended to codify existing procedures used by the Nation to administer its general welfare assistance. 10 O.C. 1001 – Page 2 Public Packet 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 76 of 188 1001.4-2. Assistance provided prior to the enactment of this law is hereby ratified and confirmed as general welfare assistance provided pursuant to the exercise by the Nation of its inherent tribal sovereignty. 1001.5. General Welfare Doctrine and IRS Revenue Procedure 2014-53/ Tribal General Welfare Exclusion of 2014 1001.5-1. The federal government recognizes that benefits to recipients under an approved program for the promotion of the general welfare of the Nation is excludable from the gross income of those recipients. 1001.5-2. The Internal Revenue Service, through I.R.S. Revenue Procedure 2014-35, listed and detailed examples of Safe Harbor programs under which, if approved and in writing, need would be presumed, and benefits would be excluded from gross income. 1001.5-3. Benefits authorized by this law are intended to qualify non-taxable under the principles of the General Welfare Exclusion to the fullest extent permitted at law. 1001.5-4. Assistance authorized by this law shall be limited to funds appropriated, at the discretion of the Oneida Business Committee and no matter the source of the funds. All amounts budgeted by the Nation for assistance shall remain general assets of the Nation until payments are disbursed. 1001.5-5. Benefits are not subject to information reporting by the Nation to the Internal Revenue Service. 1001.5-6. Without limitation, the following benefits shall be treated as non-taxable hereunder: (a) Benefits that satisfy the requirements for the exemption under 26 U.S.C. §139E; (b) Benefits that are provided under an IRS Safe Harbor Program listed and described in I.R.S. Rev. Proc. 2014-35; or (c) Benefits that qualify for exclusion under the I.R.S. General Criteria of General Welfare exclusion listed in I.R.S. Rev. Proc. 2014-35, section 5.02(1). 1001.6. Non-Recourse Designation 1001.6-1. The Nation does not guarantee benefits under this law. Benefits shall not be treated as a resource or asset of a recipient for any purpose; and no recipient shall have an interest in or right to any funds budgeted for, or set aside for, approved programs until paid. Oneida Business Committee reserves the right to cancel, adjust, modify or revoke any benefit. The approved programs shall be administered at all times to avoid triggering of the doctrines of “constructive receipt” and/or “economic benefit.” 1001.7. Governing Law; Sovereignty 1001.7-1. All the rights and liabilities associated with the enactment of this law, or the assistance made hereunder, shall be construed and enforced according to the Nation’s laws and applicable federal law. Nothing in this law or the related laws, policies, or procedures adopted for its implementation, if any, shall be construed to make applicable to the Nation any laws or regulations which are otherwise inapplicable to the Nation, or from which the Nation is entitled to exemption because of its sovereign status. 10 O.C. 1001 – Page 3 Public Packet 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 77 of 188 1001.8. Federal Trust Obligations 1001.8-1. The Nation reserves the right to provide assistance in circumstances where federal funding is insufficient to operate federal programs designed to benefit applicants and when federal funding is insufficient to adequately and consistently fulfill federal trust obligations. The Nation’s adoption of its approved programs is not intended to relieve or diminish the federal government of its funding and trust responsibilities. Nothing herein shall waive the Nation’s right to seek funding shortfalls or to enforce the trust rights of the Nation and its citizens. The Nation shall be entitled to government-to-government consultation and coordination with the federal government in regard to these obligations. 1001.9. Approved Program Guidelines 1001.9-1. Nation Approved Programs. The Oneida Business Committee shall designate approved programs for which funds shall be budgeted each fiscal year, consistent with the purposes of this law. Each approved program shall be consistent with the principles of the General Welfare Exclusion as to purpose, eligibility, and funding. 1001.9-2. Purpose of Approved Programs. Each approved program shall be limited to purposes consistent with treatment under the General Welfare Exclusion. An approved program shall be established and operated to promote the general welfare of the Nation, including programs designed to enhance the promotion of health, education, self-sufficiency, self-determination, and the maintenance of culture and tradition, entrepreneurship, and employment. 1001.9-3. Eligibility. Assistance intended to qualify under the General Welfare Exclusion shall be limited to Tribal members. Each approved program shall set forth the specific eligibility rules and limitations applied to that program. Programs comprising descriptions, including eligibility rules and limitations, may be presented to the Oneida Business Committee for approval in accordance with this law. Programs shall be approved by the Oneida Business Committee to be considered in force and effect and in accordance with this law. 1001.9-4. Limited Use of Assistance Payments. All assistance shall be used for the purpose stated in the approved program description. If assistance is used or pledged for a purpose inconsistent with the purpose set forth in an approved program the payment shall be deemed forfeited. The Nation may secure repayment from the recipient. The Nation may seek to garnish remuneration from other payments made to recipient to secure repayment of assistance under this law. 1001.9-5. Anti-Alienation. A Tribal member’s benefit is not subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, attachment or garnishment by creditors of the Tribal member. End. Emergency Adopted - BC-08-12-20-D Emergency Amended – BC-02-10-21-B Emergency Extended – BC-__-__-__-__ 10 O.C. 1001 – Page 4 Public Packet 78 of 188 Oneida Business Committee Agenda Request Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until September... 1. Meeting Date Requested: 07  28  21 2. General Information: Session: Open Executive - See instructions for the applicable laws, then choose one: Other - type reason Agenda Header: Resolutions Accept as Information only Action - please describe: Business Committee to consider extending the Public Health State of Emergency by adopting the attached resolution. The attached resolution in written with the maximum allowed extension period (60 days). This date can be changed as determined by the Business Committee. 3. Supporting Materials Report Resolution Contract Other: 1.Resolution 3.Public Health Recommendation (handout) 2.Statement of Effect (handout) 4. Pro/Con info from direct reports Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Tehassi Hill, Chairman Primary Requestor/Submitter: Melinda J. Danforth, Director of Intergovernmental Affairs & Communication Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 79 of 188 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: On March 12, 2020 the Oneida Business Committee declared a Public Health State of Emergency due to the need to slow the transmission and decrease the spread of COVID 19. The declaration has been extended fifteen times and is set to expire on July 28, 2021. The Public Health Recommendation from Emergency Management, Oneida Health Officials and the Public Health Officer and Statement of Effect will be provided as a handout. NOTE: The Business Committee had intended to hold a discussion on pros/cons of extending the Public Health State of Emergency at the July 20, 2021, BC work session; the work session was canceled and the discussion did not occur. The materials that were submitted for consideration at the work session are included here. Requested Action: 1. Business Committee consider extending the Public Health State of Emergency Declaration, by adopting the attached resolution. Page 2 of 2 Public Packet 80 of 188 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Oneida, WI 54155 BC Resolution # ___________ Extension of Declaration of Public Health State of Emergency Until September 26, 2021 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 federal government has proclaimed a public health emergency related to the spread of the COVID-19 virus and has identified that the spread of the virus has resulted in large numbers of individuals becoming ill and high mortality rates, impacts to the stock markets, and businesses; and WHEREAS, state governors, including the State of Wisconsin, have declared public health emergencies and state public health officers have issued orders, for example, closing public schools, limiting public gatherings, and closing restaurants and bars except for take-out orders; and WHEREAS, on March 12, 2020 the Chairman declared a Public Health State of Emergency, the Oneida Business Committee took actions to take steps to protect the health and welfare of the members, employees and the community, including instituting expenditure restrictions to preserve resources for the provision of governmental services to members most at risk, closure of the Nation’s gaming operations, and insuring that employees will continue to be paid during the Public Health State of Emergency as long as the Nation’s resources will allow; and WHEREAS, the Public Health State of Emergency was extended by resolutions # BC-03-26-20-A, # BC-05-06-20-A, # BC-06-10-20-A, # BC-07-08-20-A, # BC-08-06-20-A, # BC-09-09-20-A, # BC-10-08-20-A, # BC-11-10-20-A, # BC-12-09-20-D, # BC-1-07-21-A, # BC-2-10-21-A, # BC-3-10-21-D, # BC 05-12-21-A, and # 06-23-21-B; and WHEREAS, the status of the COVID-19 pandemic continues to change daily with identification of hotspots occurring within certain industries and areas which are more clearly identified in the Public Health Officer Report which supports this resolution; and WHEREAS, a positive test does not identify the total number of individuals who have the virus, including those who are not showing symptoms or who have isolated themselves at home because not every person is tested; and WHEREAS, the COVID-19 Core Decision Making Team issued several declarations intended to protect the public health within the Oneida Reservation and updated those declarations from time Public Packet 81 of 188 BC Resolution _______ Extension of Declaration of Public Health State of Emergency Until September 26, 2021 Page 2 of 2 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 to time as the U.S. Center of Disease Control, the Medical community and the Scientific community were able to update and identify the impacts and transmission of the COVID19 virus; and WHEREAS, the Emergency Management Director and the Public Health Officer have advised extension of the Public Health State of Emergency declaration supported by information from the Centers for Disease Control and the level of spread of COVID-19 throughout the State of Wisconsin, surrounding states, and the United States; and WHEREAS, the Oneida Business Committee has determined that continuing the Public Health State of Emergency continues to be necessary and that its declaration should be longer given the ongoing pandemic impact and the inability to identify mechanisms to control for infection or protect the public; Extension of Public Health State of Emergency Declaration NOW THEREFORE BE IT RESOLVED, that in accordance with section 302.8-2 of the Emergency Management Law, the Oneida Business Committee extends the Public Health State of Emergency declaration ending at 11:59 p.m. on September 26, 2021. Public Packet 82 of 188 Public Packet 83 of 188 Jo Anne House, PhD | Chief Counsel James R. Bittorf | Deputy Chief Counsel Kelly M. McAndrews | Senior Staff Attorney Law Office Carl J. Artman Krystal L. John Peggy A. Schneider Lydia M. Witte MEMORANDUM TO: Oneida Business Committee FROM: Jo Anne House, Chief Counsel DATE: July 12, 2021 SUBJECT: Public Health State of Emergency – Office Impacts You have requested a report regarding the following information. Motion…to send the discussion regarding the Public Health State of Emergency, the associated declarations, the program impacts, and the need for concrete, measurable criteria for determining if another extension is needed to the July 20, 2021, BC work session; to direct all BC direct reports to submit reports which include impacts, pros and cons; to direct the General Manager to provide a report regarding programming impacts and a recommendation regarding programming; to direct the Community/Public Health Officer to provide information regarding what the concrete, measurable criteria will be moving forward for determining if another extension is needed; and that all the reports/requests be submitted to the BC work session e-mail by close of business on July 14, 2021. Since adoption of the public health state of emergency, the Oneida Law Office took two major actions – layoffs and telecommuting. There were two employees laid off – paralegal and attorney – the attorney has been returned to work; the paralegal position has remained vacant. We currently do not have the second paralegal position budgeted as we are watching to see what impact the vacancy has on the workload. As part of that, we have transitioned some of the more administrative duties to the office manager, my Executive Assistant. All attorneys, except myself, remain telecommuting. The paralegal has returned to the office full time, the attorneys are physically in the office at least once a week. Because some staff have health-risk family in the house, they remain fully telecommuting. The CARES funding allowed all staff to be allocated an updated laptop and monitor for the home. This has allowed them to continue working at the same high output level prior to the pandemic. Microsoft Teams has allowed us to meet at a regular office staff meeting, and as needed to work on projects. We have been lucky with most of the staff having some longer-term employment relationship within the office that has allowed us to continue our collaborative/teamwork style with little interruption. There have been minor issues with technology, especially in the beginning, which has been smoothed out. Telecommuting is working well for the attorneys. The paralegal has returned to the office full time because of bandwidth issues and her use of TimeMatters (our time and records management software). N7210 Seminary Road ● P.O. Box 109 ● Oneida, WI 54155 ● 920.869.4327 oneida-nsn.gov Public Packet 84 of 188 Page 2 I will be continuing the hybrid work environment for staff as requested and approved by their supervisor. This is a work/life balance that I have utilized when negotiating salaries. Since the work output has continued at the same level, I do not see a need to remove this as a work option. Although, there may be a greater shift to in-office rather than telecommuting. If you have further questions, please contact me. A good mind. A good heart. A strong fire. Public Packet 85 of 188 Public Packet From: To: Cc: Subject: Date: Attachments: 86 of 188 Lisa L. Duff BC_Work_Session Louise C. Cornelius RE: Please send a reminder -- items to be submitted for the next BC work session Wednesday, July 14, 2021 2:54:56 PM RE Gaming Telecommuting updateinput.msg image006.png image008.png Hello, Attached in Gaming’s reply regarding telecommuting. The Oneida Casino has worked closing with the Oneida Health Officials with regard to gaming operations re-opening safely. We have plexi-glass dividers on the gaming floors and in the bingo hall. Masking is highly recommended for all, social distancing reminders are on the casino floors, and hand sanitizing stations are available for customers and employees. Our casinos are closed daily from 4-8 am for deep cleaning. COVID-19 vaccinations communications and incentive information have been shared via Gaming Communications. Please let us know if you require anything further. Thank you. Lisa L Duff Executive Assistant to the Gaming General Manager O: 920.429.3044 • E: lduff@oneidanation.org P.O. Box 365 • Oneida, WI • 54155 • OneidaCasino.net Official Casino of the Green Bay Packers Public Packet 87 of 188 Memorandum signed by To: Melinda Danforth, IGAC Director Candice E. Digitally Candice E. Skenandore From: Candice Skenandore, Self-Governance Coordinator Skenandore Date: 2021.07.14 13:29:45 -05'00' Date: July 14, 2021 Re: Impacts to Self-Governance Programs Should Declaration of Public Health State of Emergency not be Extended On June 23, 2021, the Oneida Business Committee (OBC) made a motion that directed all OBC direct reports to submit reports to the July 20, 2021 OBC work session regarding impacts and the pros and cons of not extending the Declaration of the Public Health State of Emergency. Below are the potential impacts to the Nation’s Self-Governance programs. Background On April 22, 2020, May, 20, 2020, August 25, 2020, and April 30, 2021 the Nation received CARES Act funding from the Bureau of Indian Affairs (BIA) through its Self-Governance Compact and Funding Agreement. The Nation received $2,497,495 in Aid to Tribal Government, $185,458 in General Welfare Assistance, and $4,100 in Law Enforcement for a total amount of $2,687,053. On July 1, 2020, the Nation received final Frequently Asked Questions (FAQ)s regarding the Aid to Tribal Government and Welfare Assistance funds. After reviewing the FAQs, the Authority to Obligate regarding the funding, and the memorandum from the Assistance Secretary of Indian Affairs, Self-Governance, Economic Support, and the Law Office developed the BIA COVID General Assistance Program and a COVID Quarantine Assistance Program. COVID Welfare Assistance Program In December 2020, the Nation rolled out the BIA COVID General Assistance Program (Program) which is operated by the Economic Support staff. The purpose of this Program is to prevent, prepare for, and respond to COVID related to welfare assistance and social service programs (including assistance to individuals). These funds are used to support individuals/households impacted by job loss or reduced salary due to employer COVID decisions to furlough, reduce hours, or end employment and the applicant does not qualify for unemployment or other emergency assistance resources. Since mid-December, this Program has assisted ten (10) different applicants that have received funding. Due to the strict income guidelines, other forms of assistance, and extra Federal Unemployment Assistance, many applicants do not qualify for this Program. When the Federal Unemployment Assistance ends, it is expected that more applicants will be eligible. In the seven (7) months that this Program has been active, $19,416.30 has been expended directly to applicants. Those allocations are in addition to the regular Oneida General Welfare Assistance (BIA Relief for Needy Native Americans) Program. Public Packet 88 of 188 Below is the breakdown by month: MONTH December 2020 January 2021 February 2021 March 2021 April 2021 May 2021 June 2021 TOTAL THROUGH JUNE 2021 # of APPLICANTS 7 0 4 4 0 3 2 10 TOTAL FUNDING $5,127.30 $0.00 $4,212.00 $4,212.00 $0.00 $4,459.00 $2,506.00 $19,416.30 For FY2021, the regular Oneida General Welfare Assistance Program has expended $51,072.93 for grants-in-aid (non-COVID related applicants). Only $14,064.00 of those benefits were covered by BIA Self-Governance funds. Below are the annual costs of the regular Oneida General Welfare Assistance Program: Fiscal Year 2021 YTD 2020 2019 2018 2017 Total Expended $51,072.93 $35,670.00 $19,660.00 $24,900.00 $15,578.56 BIA Self-Governance Allocation $14,064.00 $19,180.00 $14,422.00 $14,383.08 $11,566.92 In accordance with Authority to Obligate, the Term of Eligibility for relief funds are available: a. No more than six (6) months from the date of the ASIA approved waiver memorandum; b. Through the end of COVID emergency; or c. Through the date applicant is returned to work status and receives first paycheck; or d. Until the funds distributed to the servicing Tribe are exhausted. On December 23, 2020, Self-Governance presented the BIA COVID General Assistance Program Standard Operating Procedure (SOP) to the OBC. Because the BIA did not identify when the end of COVID emergency is, when drafting the SOP, we stated that OBC would determine the end of the COVID emergency. The SOP provides that Program funds are only available through the end of COVID emergency as determined by the Nation’s Oneida Business Committee [See BIA COVID General Assistance SOP, 6.4.2]. If the OBC decides to end the Declaration, this program will go away. Eliminating the BIA COVID General Assistance Program could impact the Oneida General Welfare Assistance Program in that those participants may seek assistance from Welfare Assistance. There is limited funding available in the Welfare Assistance Program and tribal contribution is used to make up for the shortfall. It should also be noted that the COVID unemployment benefits expire in September and if they are not renewed, more participants may be seeking assistance. This could result in the need for additional tribal contribution, ending assistance, or a combination of both. Public Packet 89 of 188 COVID Quarantine Assistance Program This program began in February 2021 and was developed after learning of a need Economic Support saw with applicants that were being temporarily impacted by COVID but did not qualify for assistance. The purpose of this Program is to assist Tribal members with essential costs for unpaid time due to an unexpected leave from employment due to COVID illness, required quarantining, or temporary closure of their workplace due to COVID. The intent of these payments is to prevent homelessness, utility disconnections and/or loss of resources to maintain employment. The funds are authorized for use to support individuals/households impacted by employment interruption due to mandated quarantining or positive COVID test result or temporary closure of their place of employment due to COVID when the applicant exhausts or is not offered paid time off from their employer. The delivery of the Program is only to assist applicants who have been actively employed within the last thirty (30) days. Since the Program’s inception, the Nation assisted eight (8) different individuals/households for a total amount of $5,334.75. MONTH February March April May June July TOTAL THROUGH JULY 13 # of APPLICANTS 1 1 3 2 1 1 9 applicants/8 different FUNDING AMOUNT $590.47 $611.28 $1,633.00 $1,400.00 $700 $700 $5,334.75 The Program SOP includes the same language regarding the availability of funding as the BIA COVID General Assistance Program, stating that the OBC will determine the end of the COVID emergency. This program was developed by Economic Support, Self-Governance, and the Law Office to address the needs of some clients that are temporarily impacted by COVID. This program is unique to the Nation and is not operated pursuant to federal laws or regulations. The funding to operate this program comes from the CARES Act Aid to Tribal Government and must be used to prevent, prepare for, and respond to COVID. If the OBC decides not to renew the Declaration, the Program SOP could be amended to allow this program to continue or the Program could cease to exist. The funds used to operate this Program can be reallocated to other COVID related activities such as broadband expansion, personal protective equipment, food distribution, housing, etc. Other Impacts When requests are made to use BIA CARES Act funds, Self-Governance provides written responses on the allowable use of these funds. When justifying the expenses, Self-Governance typically refers to the Declaration. This is to ensure the Nation is protected during any potential audit(s). If the Declaration is not extended, it may make it more difficult to justify the use of these funds. N 7210 Seminary Road • PO Box 365 • Oneida, WI 54155 • 920-8692214 Public Packet Discussion on The Extension of Declaration of Public Health State Of Emergency June 28, 2021 AGENDA: 1. Review of SOPs impacted if the Public Health State of Emergency ends. 2. Discuss impacts (pros and cons) of the continuation/termination of the Public Health State of Emergency. TO DO’S: 1. Geraldine – email Peggy and ask if: a. COVID‐19 Paid Time Off SOP is contingent upon BC Resolution 11‐24‐20‐F and if that resolute still stands if the Public Health State of Emergency goes away? b. COVID‐19 Face Coverings SOP is contingent upon BC Resolution 6‐9‐21‐C and if that resolution is null after the expiration of the Public Health State of Emergency? 2. ALL – Send Geraldine an email if you have more ideas on pros/cons, etc. NOTES: Topic #1: Review Tribe‐Wide SOPs Impacted by expiration of Public Health State of Emergency:  COVID‐19 Telecommuting SOP (replace by Telecommuting SOP) o No longer in effect  Telecommuting SOP o Stays in place. Not tied to the pandemic, was written with the intention for giving parameters for telecommuting for any reason.  COVID‐19 Emergency Time Off (Expired) o Expired April 10, 2020.  COVID‐19 Tier V Emergency Layoff (Expired) o Expired at the conclusion of the layoff period.  COVID‐19 Temperature Check and Screening SOP o Gaming specific, not Tribe‐wide.  COVID‐19 Workplace Health Pre‐screening o Terminates upon expiration of the Public Health State of Emergency  COVID‐19 Face Coverings o Terminates upon expiration of the Public Health State of Emergency ONLY IF BC Resolution 6‐9‐21‐C (Face Masks Updated‐‐COVID‐19 Pandemic) becomes null.  COVID‐19 Pandemic Pay o Concluded after the disbursement of payments (end of 2020).  COVID‐19 Paid Time Off o Stays pending legal review.  Automatic extension of the grievance timelines goes away (in original notice). o Ends at the conclusion of the Public Health State of Emergency (communicated to the organization by Memo from HRD). Topic #2: Impacts (Pros/Cons) of ending/extending the Public Health State of Emergency  We're operating with less staff but the same amount of work while still being closed.  If the doors reopen, we will be doing more work without an increase of staff.  Potential increase in for risk of exposure to customer‐facing positions.  This also leads to an increase of stress and anxiety in the workplace and for specific people. 90 of 188 Public Packet          91 of 188 Teams meetings will likely continue to occur regardless of continuation/expiration of state of emergency. More meetings are held in the virtual environment (getting together is easier). Potential for more people applying for jobs as the doors open (already at record highs). Funding: o HR doesn't specifically receive funding from COVID stimulus legislation, but our customers do and it may have an impact on the work they do, which ultimately impacts the work we do. Transition period from state of emergency to no state of emergency.... how do we do this safely or ensure that everything is addressed rather than simply eliminate the state of emergency and everything that goes with it. Will HRD be able to implement certain standards from a safety perspective to ensure that the workplace continues to be a safe place? Lack of public health emergency may lead to an uptick of customers, but it may also drive others away for concern that safety measures aren't being taken. Most of the other business are essentially back to normal. If we are not back to normal will that limit who walks in our doors? How/can we continue to respect employees/customers wishes who want to continue wearing a mask. Public Packet 92 of 188 Oneida Nation Office of Emergency Management 2783 Freedom Road, Oneida WI 54155 o-920-869-6650, c-920-366-0411 kgresham@oneidanation.org TO: Oneida Business Committee FM: Emergency Management REF: Impact Report for Declaration of Public Health State of Emergency expiration Date: July 12, 2021 General Overview: The Emergency Management Department works to ensure the Oneida Nation is in a constant state of readiness using efforts focusing on preparedness, mitigation, response and recovery. Coordinating and cooperating with numerous divisions and departments within the Tribal organization as well as differing jurisdictional response agencies/entities EM focuses on providing a coordinated timely response to emergencies and/or disasters that threaten the life safety of community members, the environment and/or assets of the Oneida Nation. Through a shared vision of coordination and cooperation emergency/disaster plans have been developed using shared principles of response initiatives; EM is the go-between for response agencies/entities of the Oneida Nation and the surrounding jurisdictions when an emergency/disaster occurs, that affects the Oneida Nation or the Oneida Community. Executive Summary: The purpose of this report is to provide impact updates from the Emergency Management Department should the Nation choose to end the Declared Public Health State of Emergency on July 28, 2021. It is the opinion of the Emergency Management Department that the Public Health State of Emergency should continue for a long as employees and Community members of the Oneida Nation are still being impacted by the effects of the COVID 19 Virus. The Nation’s Declaration of a Public Health State of Emergency provides the Nation the ability to obtain Resources, both physical and financial, from sources that are not customarily available to the Nation when the Declaration is not in place. The Nation’s Public Health State of Emergency does not prevent the Nation from going back to 100% occupancy in the Nation’s workplace, it does not prevent the Nation from holding in-person meetings, it does not prevent the Nation from having GTC meetings or having a Powwow. What the Declaration does do, is give the Nation the authority to make decisions through policies and developed procedures on how to conduct these types of events. Having the Declaration in place gives the Nation the broad authority to determine how to bring people back to work, how to re-open our buildings, enlist parameters we want to set for conducting day to day business, all while keeping the safety of our employees and Community members at the forefront of those decisions. The Declaration made by the Nation provides that Nation the broad authority to implement policies and develop procedures to assist in responding to the effects of the COVID Public Packet 93 of 188 19 Virus. The Nation will continue to have the opportunity to request resources from both the State and Federal Governments should we need them while under the Declared Emergency. It is the opinion of the Emergency Management Department that since there are still so many unanswered questions about the true and prolonged effects of the COVID 19 Virus, and now the variant strains of the virus, it is imperative for the Nation to extend the Public Health State of Emergency Declaration for the full length of its ability. The Emergency Management Department is not directly involved with all areas of the Nation that have been able to access funding streams as a result of the Declaration. Therefore, the EM Department cannot speak to the full financial impacts, nor any potential unintended ripple effects that could occur within the Oneida Nation Organization with the ending of the Nation’s Declaration. It is Emergency Management’s suggestion that the Public Health State of Emergency Declaration be continue indefinitely. Emergency Management sees several cons in letting the Public Health State of Emergency expire, mainly that we will lose the broad authority to make decisions on how to respond within our Community and for our employees while we are still experiencing a worldwide Pandemic. Should the Declaration be allowed to expire and the variant strain of COVID 19 impact the Oneida Nation Community and employees, to the level that the COVID 19 Virus did, it could be more difficult to access the resources that will be needed quickly and another Declaration will need to be made. Should the Public Health State of Emergency Declaration be allowed to expire, plans will need to be made and adopted that state how we role back building occupancy, implement policies and safety protocols for working/building conditions, and what standards are going to be used to determine building use and access should any future outbreaks occur. Allowing the Public Health State of Emergency Declaration to expire means that all the plans and orders that have been developed and adopted based on the Declaration of Emergency are no longer in effect. Emergency Management suggests that continuing to review CDC guidelines, looking at the number of COVID 19 cases active in the community, and the number of individuals vaccinated can be used as measurement tools when developing the necessary protective plans and measures going forward. Emergency Management does not support using these measurement tools to determine when the Public Health State of Emergency Declaration should be allowed to expire. There is no language in the Declaration of the Public Health State of Emergency that limits or restricts the activities or functions of the Oneida Nation. The adopted Safer at Home Order and Safer Re-Opening Plans included/s language which places restrictions and limits on activities that occur within the Reservation boundaries. If it is the pleasure of the Oneida Business Committee to change, up-date and/or relax the current limitations or restrictions in the Safer at Home Order or the Safer Re-Opening Plan, Emergency Management encourages the OBC to review and make changes to the Safer at Home Order and/or the Safer Re-Opening Plan. It is with strong emphasis that the Emergency Management Department suggests that the Oneida Business Committee extend the Declaration of the Public Health State of Emergency for as long as the Emergency Management Law - Chapter 302 allows. -------------------------------------------- End of Report --------------------------------------------------------------Kaylynn Gresham Director Emergency Management Oneida Nation Public Packet 94 of 188 Public Packet 95 of 188 On Jul 14, 2021, at 3:59 PM, James J. Petitjean wrote: Hi Lisa, We do not see any impact to the operations. All stores are 100% open and none of the employees commute. Does the BC require me a memo to that effect? I can still contribute to the discussion but there is no impact to our operations. Thank you, James From: BC_Work_Session Sent: Wednesday, July 14, 2021 2:36 PM To: BC Direct Reports Subject: FW: Please send a reminder -- items to be submitted for the next BC work session Good Afternoon BC Direct Reports, This is a reminder to please see the following motions made at the June 23rd Regular BC meeting, the minutes are attached with the motions on pages 3 and 4. There was a directive for BC Direct Reports to submit materials for two topics (extension of Public health State of Emergency AND telecommuting) to the BC_Work_Session@oneidanation.org email address by close of busines on 7/14/2021. Yaw^ko Public Packet 96 of 188 ; Daniel P. Guzman ; David P. Jordan ; Ethel M. Summers ; Jennifer A. Webster ; Kirby W. Metoxen ; Lisa A. Liggins ; Tehassi Tasi Hill Subject: FW: Please send a reminder -- items to be submitted for the next BC work session Good Afternoon BC Direct Reports, This is a reminder to please see the following motions made at the June 23rd Regular BC meeting, the minutes are attached with the motions on pages 3 and 4. There was a directive for BC Direct Reports to submit materials for two topics (extension of Public health State of Emergency AND telecommuting) to the BC_Work_Session@oneidanation.org email address by close of busines on 7/14/2021. Yaw^ko Public Packet 97 of 188 Accept the June 3, 2021, regular Community Development Planning Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 07/28/21 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☒ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Brandon Stevens, Vice-Chairman Primary Requestor: Brooke Doxtator, BCC Supervisor Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: BDOXTAT1 Public Packet 98 of 188 Community Development Planning Committee Regular Meeting 9:00 a.m. Thursday, June 3, 2021 Teleconference Minutes Regular Meeting Present: Chairman Brandon Stevens, Vice Chairman Daniel Guzman King, Members: Tehassi Hill, Kirby Metoxen, Marie Summers Others Present: Larry Barton, Nancy Barton, Jacque Boyle, Brooke Doxtator, Kristal Hill, Jeffrey House, David P. Jordan, Rhiannon Metoxen, Justin Nishimoto, Troy Parr, Mark W. Powless, Nicole Rommel, Danelle Wilson, Paul Witek I. CALL TO ORDER AND ROLL CALL Meeting called to order by Chairman Brandon Stevens at 9:03 a.m. II. ADOPT THE AGENDA Motion by Marie Summers to adopt the agenda, seconded by Kirby Metoxen. Motion carries. Ayes: Daniel Guzman King, Tehassi Hill, Kirby Metoxen, Marie Summers III. MEETING MINUTES A. Approve May 6, 2021 Meeting Minutes Sponsor: Brandon Stevens Motion by Marie Summers to approve the May 6, 2021 meeting minutes, seconded by Tehassi Hill. Motion carries. Ayes: Daniel Guzman King, Tehassi Hill, Kirby Metoxen, Marie Summers Item VI.A. addressed next IV. UNFINISHED BUSINESS V. NEW BUSINESS Tehassi Hill left at 10:27 a.m. Tehassi Hill returned at 10:30 a.m. Kirby Metoxen left at 10:38 a.m. Kirby Metoxen returned at 10:44 a.m. Community Development Planning Committee Meeting Minutes Page 1 of 2 June 3, 2021 Public Packet 99 of 188 A. Determine next steps regarding Tiny Homes Sponsor: Brandon Stevens Motion by Daniel Guzman to schedule a CDPC work session to further discuss housing needs and work towards the development of a strategic plan, seconded by Marie Summers. Motion carries. Ayes: Daniel Guzman King, Tehassi Hill, Kirby Metoxen, Marie Summers VI. STANDING UPDATES A. CEMETERY (9:00 AM) 1. Accept Oneida Nation Burial Ground Maintenance and Utilization Report Sponsor: Pat Pelky Motion by Kirby Metoxen to accept the Oneida Nation Burial Ground maintenance and utilization report, seconded by Tehassi Hill. Motion carries. Ayes: Daniel Guzman King, Tehassi Hill, Kirby Metoxen, Marie Summers 2. Accept #14-002 Cemetery Improvement Project Status Report Sponsor: Jacque Boyle Motion by Tehassi Hill to accept the #14-002 cemetery improvement project status report, seconded by Marie Summers. Motion carries. Ayes: Daniel Guzman King, Tehassi Hill, Kirby Metoxen, Marie Summers Item V.A. addressed next VII. ADJOURNMENT Motion by Marie Summers to adjourn at 11:01 a.m., seconded by Daniel Guzman King. Motion carries. Ayes: Daniel Guzman King, Tehassi Hill, Kirby Metoxen, Marie Summers Minutes prepared by Brooke Doxtator, Boards, Committees, and Commissions Supervisor Minutes approved as presented/corrected on July 8, 2021. Brandon Stevens, Chair Community Development Planning Committee Community Development Planning Committee Meeting Minutes Page 2 of 2 June 3, 2021 Public Packet 100 of 188 Oneida Business Committee Agenda Request Accept the July 6, 2021, regular Finance Committee meeting minutes 1. Meeting Date Requested: 7 / 28 / 21 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: BC to accept the Finance Committee Meeting Minutes of July 6, 2021 3. Supporting Materials Report Resolution Contract Other: 1. FC E-Poll of the 7/6/21 Minutes 3. 2. FC Mtg Minutes of 7/6/21 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Cristina Danforth, Tribal Treasurer Primary Requestor: Denise Vigue, Executive Assistant to the CFO /Finance Administration Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 101 of 188 INTERNAL MEMO TO: Finance Committee FR: Denise J. Vigue, Executive Assistant to the CFO & Finance Committee Support /Contact DT: July 6, 2021 RE: E-Poll Results - FC Meeting Minutes of July 6, 2021 An E-Poll vote of the Finance Committee was conducted to approve the Finance Committee meeting minutes of July 6, 2021. The E-Poll and minutes were sent out and concluded today. The results of the completed E-Poll are as follows: E-POLL RESULTS: The r e w as a M a jo rit y o f 4 F C m e mb e r s v o t in g t o ap p ro v e t h e Ju ly 6 , 2 02 1 Fin an ce C om mit t e e Me et ing Min ut e s. F C M em be r s vot ing in clu de d: Ki rb y Me t ox en , L a r ry B a rt o n P at r ic k St en sl of f & Ch ad Fu ss . Je nnif e r W eb st er w as ex cu s ed. These Finance Committee Minutes of July 6, 2021 will be placed on the next Finance Committee agenda to acknowledge this E-Poll action. Per the FC By-Laws all Minutes of the FC will be submitted to the Secretary’s Office once a month for BC acceptance. E-Polls of the Finance Committee meeting minutes is part of the FC By-Laws and approval conducted per the FC SOP’s on Electronic Voting. Finance Administration Office Phone: 920- 869-4325 FAO@oneidanation.org Public Packet 102 of 188 FINANCE COMMITTEE REGULAR MEETING July 6, 2021 ▪ Time: 9:00 A.M Via Microsoft Teams REGULAR MEETING MINUTES FC MEMBERS PRESENT (Via Teams): Cristina Danforth, Treasurer/FC Chair Kirby Metoxen, BC Council Member Patrick Stensloff, Purchasing Director Larry Barton, CFO/FC Vice-Chair Chad Fuss, Asst. Gaming CFO FC MEMBERS EXCUSED: Jennifer Webster, BC Council Member OTHERS PRESENT (Via Teams): Amy Spears, Carla Witkowski, Sharon Mousseau, Linda Jenkins, Lynn Schmidt, Justin Nishimoto, Wanda Diemel, Michelle Myers, Debra J. Danforth, David Emerson, Cheryl Aliskwet Ellis, Tim Skenandore and Denise J. Vigue, taking notes I. CALL TO ORDER: The FC Regular Meeting was called to order by the FC Chair at 9:02 A.M. II. APPROVAL OF AGENDA: JULY 6, 2021 Motion by Larry Barton to approve the July 6, 2021 FC Meeting Agenda. Seconded by Chad Fuss. Motion carried unanimously. III. MINUTES: JUNE 14, 2021 (Approved via E-Poll on 6/14/21): Motion by Patrick Stensloff to acknowledge the FC E-Poll action taken on Jun. 14, 2021 approving the Jun. 14, 2021 Finance Committee Meeting Minutes. Seconded by Larry Barton. Kirby Metoxen abstained. Motion carried. IV. SPECIAL E-POLL: (Approved via E-Poll on 6/14/21): 1. Direct Care Therapy Services, Inc.-PO Increase Carla Witkowski, BIA/Oneida Early Intervention Amount: $20,000.00 Motion by Patrick Stensloff to acknowledge the FC Special E-Poll action taken on Jun. 14, 2021 approving the request from BIA/Oneida Early Intervention for a PO increase with Direct Care Therapy Services in the amount of $20,000.00. Seconded by Larry Barton. Kirby Metoxen abstained. Motion carried. V. TABLED BUSINESS: None Page 1 of 4 Finance Committee Meeting Minutes of July 6, 2021 Public Packet VI. 103 of 188 CAPITAL EXPENDITURES: 1. Mission Support Services-Master Construction Agmt Nathan Mauforth & Tim Skenandore, Gaming Facilities Amount: $216,318.86 There was some discussion on the multi-year agreement as well as the contract being signed before approval; amount is for FY2021; Tim can make sure the contract is updated and resigned following this approval. Motion by Larry Barton to approve the Gaming Capital Expenditure with Mission Support Services for FY21 for annual Parking Garage maintenance and repairs in the amount of $216,318.86. Seconded by Kirby Metoxen. Motion carried unanimously. VII. NEW BUSINESS: 1. Reinhart Food Service Sharon Mousseau, ONES Amount: $300,000. Sharon explained this is a sole source funded through DPI that includes breakfast, lunch and snacks for the FY21-22 school year. Motion by Larry Barton to approve this request with Reinhart Food Service for meals for the 2021-2022 school year in the amount of $300,000.00. Seconded by Patrick Stensloff. Motion carried unanimously. 2. Brain Power Wellness Training Sharon Mousseau, ONES Amount: $150,000. This was training for the staff, students and parents that was interrupted by closures last year; this is for the continuation of that training, it is also a sole source request. Motion by Patrick Stensloff to approve this request with Brain Power Wellness for wellness training in the amount of $150,000.00. Seconded by Larry Barton. Motion carried unanimously. 3. Direct Care Therapy Services, Inc. FY21-22 Carla Witkowski, BIA/Oneida Early Intervention Amount: $110,000. Carla explained this for a speech therapist for the FY21-22 year and federal funding is being used. Motion by Kirby Metoxen to approve this request with Direct Care Therapy Services, Inc. for the 2021-2022 school year in the amount of $110,000.00. Seconded by Larry Barton. Motion carried unanimously. Page 2 of 4 Finance Committee Meeting Minutes of July 6, 2021 Public Packet 104 of 188 4. EIKON GAMING – Free Trial & Master Lease Agreement David Emerson, Gaming Slots David noted this is a new vendor so their process is to try out the machines in a free trial first and if they are profitable next year they will be purchased. Motion by Kirby Metoxen to approve this request with Eikon Gaming for the Master Lease Agreement and the free trial games. Seconded by Patrick Stensloff. Motion carried unanimously. 5. Bellin Health-Unity Campaign Co-Branding Michelle Myers, Consolidated Health Services – OHC Amount: $100,299.33 Michelle explained this is for our portion of a coordinated campaign with partners Bellin and Prevea Health for the public health promotion in the media for getting Covid vaccinations. Motion by Kirby Metoxen to approve this request with Bellin Health for the Unity Campaign Co-Branding with Bellin and Prevea Health in the amount of $100,299.33. Seconded by Patrick Stensloff. Motion carried unanimously. 6. Hologric Software Upgrade Jeffery Carlson, Consolidated Health Services – OHC Amount: $194,189. Lynn Schmidt was on the virtual call and explained this is an upgrade from 2 to 3D to the Health Center’s Mammography machine that will provide better service to patients; this is a budgeted item. Motion by Larry Barton to approve this request with Holographic for a Software Upgrade in the amount of $194,189.00. Seconded by Chad Fuss. Motion carried unanimously. 7. VVS Holding Corp – Software Support & Maintenance Debra Danforth, Comprehensive Health Operations Amount: $230,428.20 Lynn noted this is for the Health Center to continue use of their patient care and billing records system; this is also a budgeted item. Motion by Patrick Stensloff to approve this request with VVS Holding Corp for software support and maintenance in the amount of $230,428.20. Seconded by Larry Barton. Motion carried unanimously. Page 3 of 4 Finance Committee Meeting Minutes of July 6, 2021 Public Packet VII. 105 of 188 COMMUNITY FUND: Report: 1. Monthly Community Fund Update for July 2021 Denise J. Vigue, Executive Assistant to the CFO Motion by Chad Fuss to approve the Community Funds Update Report for July 2021. Seconded by Kirby Metoxen. Motion carried unanimously. Requests: 1. Woodland Indian Art Show & Market Aliskwet Ellis, WIASM Volunteer Amount: 25 Cases Motion by Larry Barton to approve from the Community Fund the request for 25 cases of Coca-Cola products for use at the Woodland Indian Arts Show and Market. Seconded by Kirby Metoxen. Motion carried unanimously. IX. EXECUTIVE SESSION: None X. ADMINISTRATIVE /INTERNAL: None XI. FOLLOW UP: None XII. FOR INFORMATION ONLY: Tina announced at the beginning of the meeting that there will be one more FC virtual meeting for this month and beginning with the Aug. 2nd meeting all FC meetings will be in person. XIII. ADJOURN: Motion by Patrick Stensloff to adjourn. Seconded by Kirby Metoxen. Motion carried unanimously. Time: 9:24 A.M. Minutes submitted by: Denise J. Vigue, Executive Assistant to the CFO & Finance Committee Contact/Recording Secretary Finance Committee Approval Date of Minutes via E-Poll: July 6, 2021 Page 4 of 4 Finance Committee Meeting Minutes of July 6, 2021 Public Packet 106 of 188 Oneida Business Committee Agenda Request Accept the July 19, 2021, regular Finance Committee meeting minutes 1. Meeting Date Requested: 7 / 28 / 21 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: BC to accept the Finance Committee Meeting Minutes of July 19, 2021 3. Supporting Materials Report Resolution Contract Other: 1. FC E-Poll of the 7/19/21 Minutes 3. 2. FC Mtg Minutes of 7/19/21 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Cristina Danforth, Tribal Treasurer Primary Requestor: Denise Vigue, Executive Assistant to the CFO /Finance Administration Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 107 of 188 INTERNAL MEMO TO: Finance Committee FR: Denise J. Vigue, Executive Assistant to the CFO & Finance Committee Support /Contact DT: July 19, 2021 RE: E-Poll Results - FC Meeting Minutes of July 19, 2021 An E-Poll vote of the Finance Committee was conducted to approve the Finance Committee meeting minutes of July 19, 2021. The E-Poll and minutes were sent out and concluded today. The results of the completed E-Poll are as follows: E-POLL RESULTS: The r e w as a M a jo rit y o f 4 F C m e mb e r s v o t in g t o ap p ro v e t h e Ju ly 6 , 2 02 1 Fin an ce C omm it t e e Me et ing Min ut e s. F C Me mb e rs vo t i n g in cl u d ed : Je n n i f e r W eb st e r , R aL i n d a Ni n h a m- L amb e ri e s, Pa t ri c k St en sl of f & L o u i se Co rn el ius . Ki rb y Met ox en an d Cr is t in a Da nf o rt h w e re e x cu se d; L a rr y B ar t on Ch ai r ed t he m eet ing These Finance Committee Minutes of July 19, 2021 will be pla [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%3Aecf7c24ae630d8ac. Public record. Not legal advice.