# Phone: (920)869-2214 (2016) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aedf8e83a4fb93b50 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Meeting Materials July 13, 2016 Open Session CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the following 315 pages are the Open Session meeting materials presented at a meeting duly called, noticed and held on the 13th day of July, 2016. ____________________________ Lisa Summers, Tribal Secretary Oneida Business Committee Page 1 of 309 Oneida Business Committee Executive Session 9:00 a.m. Tuesday, July 12, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, July 13, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Agenda To get a copy of the agenda, go to: http://oneida-nsn.gov/ I. CALL TO ORDER AND ROLL CALL II. OPENING III. ADOPT THE AGENDA IV. OATHS OF OFFICE (No Requested Action) V. MINUTES VI. A. Approve June 22, 2016, regular meeting minutes Sponsor: Lisa Summers, Tribal Secretary page 8 B. Approve July 5, 2016, special meeting minutes Sponsor: Lisa Summers, Tribal Secretary page 21 RESOLUTIONS A. Adopt resolution titled Participation in a Nationwide Elder Needs Assessment Sponsor: Don White, Division Director/Governmental Services page 24 B. Adopt resolution titled The Economic Development Administration Program Grant Sponsor: Joanie Buckley, Division Director/Internal Services page 29 C. Adopt resolution titled Revenue Allocation Plan Fiscal Year 2016 Sponsor: Jo Anne House, Chief Counsel page 34 Oneida Business Committee Regular Meeting Agenda of July 13, 2016 Page 1 of 7 Page 2 of 309 D. Adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal Council on June 13, 2016 Sponsor: Lisa Summers, Tribal Secretary VII. APPOINTMENTS (No Requested Action) VIII. STANDING COMMITTEES page 120 A. Legislative Operating Committee Sponsor: Councilman Brandon Stevens, Chair 1. Accept June 15, 2016, Legislative Operating Committee meeting minutes page 124 B. Finance Committee Sponsor: Treasurer Trish King, Chair 1. Accept July 5, 2016, Finance Committee meeting minutes page 128 C. Community Development & Planning Committee (No Requested Action) D. Quality of Life Committee (No Requested Action) IX. GENERAL TRIBAL COUNCIL A. Petitioner Michael Debraska: Special GTC meeting to establish a Health Care Board Sponsor: Lisa Summers, Tribal Secretary 1. Accept financial analysis EXCERPT FROM MAY 25, 2016: (1) Motion by Lisa Summers to accept the legislative analysis, seconded by David Jordan. Motion carried unanimously. (2) Motion by Lisa Summers to accept the legal analysis, seconded by David Jordan. Motion carried unanimously. (3) Motion by David Jordan to defer the financial analysis for thirty (30) days, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM MAY 11, 2016: Motion by Jennifer Webster to defer the legal analysis to the next regular business Committee meeting, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM APRIL 27, 2016: Motion by Melinda J. Danforth to accept the legislative progress report regarding Petitioner Michael Debraska: Special GTC meeting to establish a Health Care Board, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM March 9, 2016: Motion by David Jordan to accept the verified petition from Michael Debraska: Special GTC meeting to establish a Health Care Board; to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative analyses to be completed; to direct the Law, Finance, and Legislative Reference Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to submit the appropriate administrative analyses to the Tribal Secretary’s Office within thirty (30) days, seconded by Trish King. Motion carried unanimously. Oneida Business Committee Regular Meeting Agenda of July 13, 2016 Page 2 of 7 page 136 Page 3 of 309 B. Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution $3,000/$5,000 Sponsor: Lisa Summers, Tribal Secretary 1. Accept legislative progress report noting the anlysis is due at the July 27, 2016, regular Business Committee meeting page 145 2. Accept legal progress report noting the analysis is due at the July 27, 2016, regular Business Committee meeting page 149 EXCERPT FROM MAY 25, 2016: Motion by Lisa Summers to accept the financial analysis, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM MAY 12, 2016: Motion by David Jordan to accept the verified petition from Michael Debraska regarding Per Capita Distribution; to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and administrative analyses to be completed; to direct the Law, Finance, and Legislative Reference Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to submit the appropriate administrative analyses to the Tribal Secretary’s Office within thirty (30) day, seconded by Lisa Summers. Motion carried unanimously. X. STANDING ITEMS (No Requested Action) XI. UNFINISHED BUSINESS A. Accept update regarding Oneida Sacred Burial Grounds per GTC Directive (This item is scheduled to begin at 11:00 a.m.) Sponsor: Brandon Stevens, Councilman EXCERPT FROM JUNE 22, 2016: Motion by Jennifer Webster [… to request the Tribal Secretary notify the Land Commission, Division of Land Management, Development Division, Trust & Enrollment Committee, and any other parties that are necessary, to be present at the July 13, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously.]1 EXCERPT FROM JUNE 8, 2016: Motion by Lisa Summers to accept the information in the memorandum from the Trust Department dated May 31, 2016, as information, noting there have been two (2) identified alternative sites for a cemetery should the need arise and to send this item to the next available Officers’ meeting for continued follow-up with the overall cemetery work plan, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM MARCH 9, 2016: (1) Motion by Tehassi Hill to accept the presentation regarding the Oneida Sacred Burial Grounds per GTC Directive, seconded by Trish King. Motion carried unanimously. (2) Amendment to the main motion by Tehassi Hill to request an update at the first regular Business Committee meeting in June regarding potential locations of the cemetery, seconded by Trish King. Motion carried unanimously. XII. TABLED BUSINESS (No Requested Action) 1 This excerpt comes from the June 22, 2016, regular Business Committee meeting minutes for item X.A. Defer update regarding Work Plan for CIP # 14-002 Cemetery Improvements to the July 27, 2016, regular Business Committee meeting. Oneida Business Committee Regular Meeting Agenda of July 13, 2016 Page 3 of 7 page 151 Page 4 of 309 XIII. NEW BUSINESS A. Approve request to support recommendation of Nathanial S. King to be appointed to the Bay Bancorporation Board of Directors Liaison: Tina Danforth, Tribal Chairwoman page 153 B. Approve Indian Housing Plan for Fiscal Year 2017 Sponsor: Dale Wheelock, Director/Oneida Housing Authority page 172 C. Accept update and presentation as information – Youth Leadership Event – Washington D.C. – June 12-16, 2016 Sponsor: Tina Danforth, Tribal Chairwoman page 221 D. Enter E-poll results into the record approving letter of support from Oneida Business Committee for grant application submission by Oneida Nation’s gang task force program seeking program funding aimed at decreasing risks of girls entering juvenile system Sponsor: Lisa Summers, Tribal Secretary E. Enter E-poll results into the record for approved travel request – Councilman Tehassi Hill – Food Distribution Program on Indian Reservations meeting – Norman, OK – July 11-13, 2016 Sponsor: Lisa Summers, Tribal Secretary F. Approve request to direct Tribal Treasurer and Chief Counsel to submit declaratory ruling request to Oneida Judiciary by July 15, 2016, regarding Chairwoman Tina Danforth’s opinion that the June 13, 2016, General Tribal Council’s per capita motion and amendments had irregularities and needed further discussion by General Tribal Council Sponsor: Trish King, Tribal Treasurer XIV. page 237 page 242 page 250 TRAVEL A. TRAVEL REPORTS 1. Accept travel report – Chairwoman Tina Danforth – National Leadership Conference – Hinckley, MN – June 20-23, 2016 page 252 B. TRAVEL REQUESTS 1. Approve travel request in accordance with Travel & Expense Policy – Nine (9) Oneida Nation Veterans Affairs Committee (ONVAC) members – Indian Summer Festival – September 8-11, 2016 Liaison: Jennifer Webster, Councilwoman page 254 2. Approve travel request – Secretary Lisa Summers – Midwest Alliance of Sovereign Tribes (MAST) summer meeting – Pokagon Band of Potawatomi Indians/Buffalo, MI – July 20-21, 2016 page 263 3. Approve travel request – Councilman Tehassi Hill – 2016 Partners in Action Conference – Sault Ste. Marie, MI – July 19-21, 2016 page 266 Oneida Business Committee Regular Meeting Agenda of July 13, 2016 Page 4 of 7 Page 5 of 309 XV. REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.) A. OPERATIONAL REPORTS 1. Accept Development Division FY ’16 3rd quarter report Sponsors: James Petitjean, Interim Assistant Division Director/Development; Jacque Boyle, Interim Assistant Division Director/Operations; Scott Cottrell, Utilities Manager page 270 2. Defer Environmental Health & Safety Division FY ’16 3rd quarter report to the July 27, 2016, regular Business Committee meeting Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety page 299 3. Defer Division of Land Management FY ’16 3rd quarter report to the July 27, 2016, regular Business Committee meeting Sponsor: Patrick Pelky, Division Director/Land Management page 300 B. CORPORATE REPORTS (No Requested Action) C. BOARDS, COMMITTEES, AND COMMISSIONS 1. Defer Anna John Residential Centered Care Community Board FY ’16 3rd quarter report to the July 27, 2016, regular Business Committee meeting Chair: Candace House Liaison: Melinda J. Danforth, Tribal Vice-Chairwoman 2. Accept Oneida Nation Arts Board FY ’16 3rd quarter report Chair-Elect: Dawn Walschinski Liaison: Jennifer Webster, Councilwoman XVI. page 301 page 303 EXECUTIVE SESSION A. REPORTS 1. Accept Chief Counsel report – Jo Anne House, Chief Counsel page 310 B. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) C. AUDIT COMMITTEE Sponsor: Councilman Tehassi Hill, Chair 1. Accept May 12, 2016, Audit Committee meeting minutes page 317 2. Approve Four Card Poker audit and lift confidentiality requirement allowing tribal members to view the audit page 320 3. Approve Three Card Poker Rules of Play audit and lift confidentiality requirement allowing tribal members to view the audit page 334 4. Approve Roulette Rules of Play audit and lift confidentiality requirement allowing tribal members to view the audit Oneida Business Committee Regular Meeting Agenda of July 13, 2016 Page 5 of 7 page 347 Page 6 of 309 D. UNFINISHED BUSINESS 1. Accept update regarding Print Shop – Mail Center Operational Plan page 365 (1:30-2:00) Sponsor: Joanie Buckley, Division Director/Internal Services EXCERPT FROM APRIL 13, 2016: Motion by Fawn Billie to accept the Print Shop – Mail Center Operational plan as information and to request an update for the July 13, 2016, regular Business Committee meeting, seconded by Melinda J. Danforth. Motion carried unanimously. EXCERPT FROM MARCH 30, 2016: No formal action was taken on this item. EXCERPT FROM DECEMBER 9, 2015: (1) Motion by David Jordan to accept the report, seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to require the next update be brought back to the March 23, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM SEPTEMBER 23, 2015: Motion by Brandon Stevens to accept the update as information, seconded by Fawn Billie. Motion carried unanimously. EXCERPT FROM SEPTEMBER 9, 2015: (1) Motion by Jennifer Webster to accept this item as information, seconded by Lisa Summers. Motion carried unanimously. (2) Amendment to the main motion by Melinda J. Danforth to request the Internal Services Director bring back the assessment to the Business Committee in three (3) months, seconded by Lisa Summers. Motion carried unanimously. 2. Accept transition plan from Internal Services/MIS Department regarding Surveillance System Replacement Project (This item is scheduled to begin at 2:00 p.m.) Sponsor: Joanie Buckley, Division Director/Internal Services page 370 EXCERPT FROM APRIL 27, 2016: Motion by David Jordan to accept the update from the Gaming Commission, Retail, Finance, and Gaming regarding Surveillance System Replacement Project and to request that the agreed upon action plan be placed in writing and signed by all affected parties, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM APRIL 13, 2016: (1) Motion by Lisa Summers to request that the team working on this item meet and collaborate on how to proceed and bring back this item to the April 27, 2016, regular Business Committee meeting for an update, seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to defer a policy development on this issue to the Internal Services/MIS Department to bring back a recommendation on a transition plan which moves the Nation towards a long-term systems alignment and for this draft plan to be brought back to the July 13, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. (3) Motion by David Jordan to request all the teams that were to be brought together and put under one team for a RFP to be vetted out and be transparent, seconded by Lisa Summers. Motion carried unanimously. E. TABLED BUSINESS (No Requested Action) F. NEW BUSINESS 1. Review U.S. Dept. of Housing and Urban Development (HUD) On-Site Monitoring review report and determine appropriate corrective actions (This is item is scheduled to begin at 9:00 a.m.) Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman page 376 2. Approve draft letter of engagement retaining Fletcher Law, PLLC – contract # 20160718 Sponsors: Trish King, Tribal Treasurer; Brandon Stevens, Councilman Oneida Business Committee Regular Meeting Agenda of July 13, 2016 Page 6 of 7 page 423 Page 7 of 309 3. Review Business Committee Officers’ recommendations regarding personnel action, transition, and annual evaluation follow-up Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman page 432 4. Approve request to direct Area Manager of Human Resources Dept. to postpone posting Land Claims Commission – Administrative Assistant position Sponsors: Trish King, Tribal Treasurer; Lisa Summers, Tribal Secretary Liaison: Jennifer Webster, Councilwoman page 450 5. Review and approve Business Committee Officer’s recommendations regarding Interim Assistant Development Division Director – Operations’ thirty (30) day report Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman XVII. page 452 ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:00 p.m., Friday, July 8, 2016, pursuant to the Open Records and Open Meetings Law, section 7.17-1. The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: https://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) 2362214. Oneida Business Committee Regular Meeting Agenda of July 13, 2016 Page 7 of 7 Page 8 of 309    /  /                                     Page 9 of 309 DRAFT Oneida Business Committee Executive Session 9:00 a.m. Tuesday, June 21, 2016 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 9:00 a.m. Wednesday, June 22, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Minutes – DRAFT EXECUTIVE SESSION Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Council members: Fawn Billie, Tehassi Hill, Jennifer Webster; Not Present: Chairwoman Tina Danforth, Secretary Lisa Summers, Councilman David Jordan, Councilman Brandon Stevens; Arrived at: ; Others present: Jo Anne House, Tana Aguirre, Larry Barton, Barbara Webster, Michele Doxtator, Jessica Wallenfang, Josh Doxtator, James Petitjean; REGULAR MEETING Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Council members: Fawn Billie, Tehassi Hill, Jennifer Webster; Not Present: Chairwoman Tina Danforth, Secretary Lisa Summers, Councilman David Jordan, Councilman Brandon Stevens; Arrived at: ; Others present: Jo Anne House, Brad Graham, Bill Graham, Donald Miller, Mike Debraska, Nancy Barton, Joanie Buckley, Kathy Metoxen, Heather Heuer, James Skenandore Jr., Susan House, Tina Skenandore, Gina Buenrostro, Rosa Laster, Adrian Matson, Sabrina King, Colleen Cornelius, Chris Johnson, Daril Peters, Jessica Wallenfang, Don White, Lisa Liggins, Jennifer Falck, Shannon Columb, Ed Delgado, Cathy Metoxen, Leyne Orosco, Mason Thomas, Tyler Fabricius, Wes Martin Jr., Danelle Wilson, Jeff Mears, Larry Barton, Yvonne Jourdan, Janice Hirth Skenandore, Brian Doxtator, Marsha Danforth, Jennifer Berg Hargrove; I. CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 9:00 a.m. For the record: II. Chairwoman Tina Danforth is on approved travel to attend the National Leadership Development Conference in Hinckley, MN. Councilman David Jordan is on approved travel to attend the Indigenous Gathering Space Dedication in Ontario, Canada. Councilman Brandon Stevens is out of the office on vacation time. Secretary Lisa Summers out of the office on personal time. OPENING (00:00:35) by Councilman Tehassi Hill Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016 Page 1 of 12 Page 10 of 309 DRAFT III. ADOPT THE AGENDA (00:04:20) Motion by Jennifer Webster to adopt the agenda with the following change: [Move item VII.A. Approve request to appoint Susan House, Tina Skenandore, Gina Buenrostro, Rosa Laster, Adrian Matson, Sabrina King, and Colleen Cornelius as alternates to the Oneida Election Board, to the top of the agenda before Oaths of Office], seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers OATHS OF OFFICE (00:06:28) administered by Treasurer Trish King IV. A. Audit Committee – James Skenandore Jr. Sponsor: Lisa Summers, Tribal Secretary B. Seven (7) Oneida Election Board alternates – Susan House, Tina Skenandore, Gina Buenrostro, Rosa Laster, Adrian Matson, Sabrina King, and Colleen Cornelius Liaison: Melinda J. Danforth, Tribal Vice-Chairwoman V. MINUTES (00:009:15) A. Approve June 2 , 2016, special meeting minutes Sponsor: Lisa Summers, Tribal Secretary Motion by Trish King to approve the June 2, 2016, special meeting minutes, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers B. Approve June 8, 2016, regular meeting minutes Sponsor: Lisa Summers, Tribal Secretary Motion by Trish King to approve the June 8, 2016, regular meeting minutes, seconded by Fawn Billie. Motion carried with one abstention: Ayes: Fawn Billie, Tehassi Hill, Trish King Abstained: Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers VI. RESOLUTIONS (00:10:15) A. Adopt resolution titled Native American Business Development Institute Feasibility Study Program Sponsor: Joanie Buckley, Division Director/Internal Services Motion by Trish King to adopt resolution # 06-22-16-A Native American Business Development Institute Feasibility Study Program, for the purpose of the Foreign Trade Zone project, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016 Page 2 of 12 Page 11 of 309 DRAFT B. Adopt resolution titled The KeepsEagle Settlement Fund Grant Application Sponsor: Joanie Buckley, Division Director/Internal Services Motion by Jennifer Webster to adopt resolution # 06-22-16-B The KeepsEagle Settlement Fund Grant Application, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers C. Adopt resolution titled Climate Change Grant from Bureau of Indian Affairs – Midwest Region Sponsor: Joanie Buckley, Division Director/Internal Services Motion by Jennifer Webster to adopt resolution # 06-22-16-C Climate Change Grant from Bureaus of Indian Affairs – Midwest Region, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers VII. APPOINTMENTS (00:05:55) A. Approve request to appoint Susan House, Tina Skenandore, Gina Buenrostro, Rosa Laster, Adrian Matson, Sabrina King, and Colleen Cornelius as alternates to the Oneida Election Board Liaison: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Trish King to appoint Susan House, Tina Skenandore, Gina Buenrostro, Rosa Laster, Adrian Matson, Sabrina King, and Colleen Cornelius as alternates to the Oneida Election Board, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers VIII. STANDING COMMITTEES (00:51:37) A. Legislative Operating Committee1 Sponsor: Councilman Brandon Stevens, Chair 1. Accept June 1, 2016, Legislative Operating Committee meeting minutes Motion by Trish King to accept the June 1, 2016, Legislative Operating Committee meeting minutes, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers 1 The Legislative Operating Committee FY ’16 2nd quarter report was accepted early at the May 25, 2016, regular Business Committee meeting. Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016 Page 3 of 12 Page 12 of 309 DRAFT B. Finance Committee Sponsor: Treasurer Trish King, Chair 1. Accept Finance Committee FY ’16 2nd quarter report Motion by Trish King to approve the Finance Committee FY ’16 2nd quarter report, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers C. Community Development & Planning Committee Sponsor: Vice-Chairwoman Melinda J. Danforth, Chair 1. Accept Community Development & Planning Committee FY ’16 2nd quarter report Motion by Tehassi Hill to accept the Community Development & Planning Committee FY ’16 2nd quarter report, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers D. Quality of Life Committee Sponsor: Councilwoman Fawn Billie, Chair 1. Accept May 12, 2016, Quality of Life Committee meeting minutes Motion by Jennifer Webster to accept the May 12, 2016, Quality of Life Committee meeting minutes, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers 2. Accept Quality of Life Committee FY ’16 2nd quarter report Motion by Jennifer Webster to accept the Quality of Life Committee FY ’16 2nd quarter report, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers IX. GENERAL TRIBAL COUNCIL (1:16:04) A. Approve request from Petitioner Frank Cornelius to be first on the August 10, 2016, special General Tribal Council meeting agenda Sponsor: Lisa Summers, Tribal Secretary Motion by Fawn Billie to approve the request from Petitioner Frank Cornelius to be first on the August 10, 2016, special General Tribal Council meeting agenda, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016 Page 4 of 12 Page 13 of 309 DRAFT B. Approve meeting materials for the August 10, 2016, special General Tribal Council meeting Sponsor: Lisa Summers, Tribal Secretary Motion by Trish King to defer the meeting materials for the August 10, 2016, special General Tribal Council meeting to a special Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers C. Accept petition submitted by Leland Ninham regarding free child care for employees as information only, as it does not meet number of required signatures; and direct Tribal Secretary to notify Petitioner of the action taken Sponsor: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to accept the petition submitted by Leland Ninham regarding free child care for employees as information only, as it does not meet number of required signatures in accordance with the Constitution and By-laws of the Oneida Nation, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Motion by Tehassi Hill to direct the Tribal Secretary to send the Petitioner formal notice indicating the petition did not meeting the constitutional requirement to call for a special General Tribal Council meeting, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers X. STANDING ITEMS (1:20:15) A. Defer update regarding Work Plan for CIP # 14-002 Cemetery Improvements to the July 27, 2016, regular Business Committee meeting Sponsor: James Petitjean, Interim Assistant Division Director/Development Motion by Jennifer Webster to defer the update regarding Work Plan for CIP # 14-002 Cemetery Improvements to the July 27, 2016, regular Business Committee meeting; and to request the Tribal Secretary notify the Land Commission, Division of Land Management, Development Division, Trust & Enrollment Committee, and any other parties that are necessary, to be present at the July 13, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers XI. UNFINISHED BUSINESS (No Requested Action) XII. TABLED BUSINESS (No Requested Action) Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016 Page 5 of 12 Page 14 of 309 DRAFT XIII. NEW BUSINESS (1:39:54) A. Approve Tribal/State Title IV-E Financial Agreement with Wisconsin Department of Children and Families Sponsor: Don White, Division Director/Governmental Services Motion by Jennifer Webster to approve the Tribal/State Title IV-E Financial Agreement with Wisconsin Department of Children and Families, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers XIV. TRAVEL (1:50:47) A. TRAVEL REPORTS 1. Accept travel report – Councilwoman Fawn Billie – 34th Annual Protecting Our Children-National American Indian Conference on Child Abuse and Neglect – St. Paul, MN – April 3-6, 2016 Motion by Jennifer Webster to accept the travel report – Councilwoman Fawn Billie – 34th Annual Protecting Our Children-National American Indian Conference on Child Abuse and Neglect – St. Paul, MN – April 3-6, 2016, seconded by Tehassi Hill. Motion carried with one abstention: Ayes: Tehassi Hill, Trish King, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers 2. Accept travel report – Secretary Lisa Summers and Councilwoman Fawn Billie – Midwest Alliance of Sovereign Tribes (MAST) Impact Week 2016 – Washington DC – April 26-29, 2016 Motion by Jennifer Webster to accept the travel report – Secretary Lisa Summers and Councilwoman Fawn Billie – Midwest Alliance of Sovereign Tribes (MAST) Impact Week 2016 – Washington DC – April 26-29, 2016, seconded by Trish King. Motion carried with one abstention: Ayes: Tehassi Hill, Trish King, Jennifer Webster Abstained: Fawn Billie Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers 3. Accept travel report – Secretary Lisa Summers – Crimes Against Children in Indian Country Conference – Wisconsin Dells, WI – March 21-25, 2016; and direct Legislative Operating Committee to complete a review of our current laws to ensure there is the ability for the Judiciary to do emergency orders Motion by Jennifer Webster to accept the travel report – Secretary Lisa Summers – Crimes Against Children in Indian Country Conference – Wisconsin Dells, WI – March 21-25, 2016; and to direct Legislative Operating Committee to complete a review of our current laws to ensure there is the ability for the Judiciary to do emergency orders, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016 Page 6 of 12 Page 15 of 309 DRAFT 4. Accept travel report – Secretary Lisa Summers – Tribal Consultations meeting – Wisconsin Dells, WI – May 9-10, 2016 Motion by Trish King to accept the travel report – Secretary Lisa Summers – Tribal Consultations meeting – Wisconsin Dells, WI – May 9-10, 2016, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers B. TRAVEL REQUESTS 1. Approve travel request in accordance with the Travel & Expense Policy – Up to six (6) Election Board members; one (1) Enrollment Department employee; and one (1) Oneida Police Department officer – 2016 Special Election – Milwaukee, WI – July 9, 2016 Liaison: Melinda J. Danforth, Tribal Vice-Chairwoman Motion by Jennifer Webster to approve the travel request in accordance with the Travel & Expense Policy – Up to six (6) Election Board members; one (1) Enrollment Department employee; and one (1) Oneida Police Department officer – 2016 Special Election – Milwaukee, WI – July 9, 2016, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers 2. Approve travel request – Secretary Lisa Summers – Community Analysis Process for Planning Strategies – Prior Lake, MN – August 1-4, 2016 Motion by Fawn Billie to approve the travel request – Secretary Lisa Summers – Community Analysis Process for Planning Strategies – Prior Lake, MN – August 1-4, 2016, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Motion by Jennifer Webster to recess at 11:49 p.m. and to reconvene at 1:30 p.m., seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 1:30 p.m. Chairwoman Tina Danforth, Secretary Lisa Summers, Councilman David Jordan, and Councilman Brandon Stevens not present. XV. REPORTS (2:07:34) (This section of the agenda is scheduled to begin at 1:30 p.m.) A. OPERATIONAL REPORTS 1. Accept Oneida Retail Enterprise FY ’16 2nd quarter report Sponsor: Michele Doxtator, Area Manager/Retail Profits Motion by Jennifer Webster to accept the Oneida Retail Enterprise FY ’16 2nd quarter report, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers B. CORPORATE REPORTS (No Requested Action) Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016 Page 7 of 12 Page 16 of 309 DRAFT C. BOARDS, COMMITTEES, AND COMMISSIONS 1. Accept Oneida Personnel Commission FY ’16 2nd quarter report Chair: Yvonne Jourdan Liaison: Lisa Summers, Tribal Secretary Motion by Jennifer Webster to defer the Oneida Personnel Commission FY ’16 2nd quarter report back to the Personnel Commission and their Business Committee Liaisons to review and revise the section under personal comments, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers 2. Accept Land Commission FY ’16 2nd quarter report Chair: Rae Skenandore Liaison: Tehassi Hill, Councilman Motion by Tehassi Hill to accept the Land Commission FY ’16 2nd quarter report, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers XVI. EXECUTIVE SESSION (1:57:20) A. REPORTS 1. Accept Oneida Retail Enterprise FY ’16 2nd quarter report Sponsor: Michele Doxtator, Area Manager/Retail Profits Motion by Fawn Billie to accept the Oneida Retail Enterprise FY ’16 2nd quarter report, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers 2. Accept Chief Financial Officer’s report – Larry Barton, Chief Financial Officer Motion by Trish King to accept the Chief Financial Officer’s report, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers 3. Accept Intergovernmental Affairs & Communications report – Nathan King, Director Motion by Jennifer Webster to accept the Intergovernmental Affairs & Communications report, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers a. Approve Special Counsel agreement – Arlinda Locklear – contract # 2016-0643 Motion by Jennifer Webster to approve the Special Counsel agreement – Arlinda Locklear – contract # 2016-0643, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016 Page 8 of 12 Page 17 of 309 DRAFT Motion by Tehassi Hill to approve the branding memorandum to be distributed organization-wide, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers 4. Accept Chief Counsel report – Jo Anne House, Chief Counsel Motion by Trish King to accept the Chief Counsel report, seconded by Fawn Billie. Motion carried unanimously: Ayes: Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster B. STANDING ITEMS 1. Land Claims Strategy (No Requested Action) 2. Oneida Golf Enterprise – Ladies Professional Golf Association Sponsor: Trish King, Tribal Treasurer a. Accept bi-monthly update Motion by Tehassi Hill to accept the bi-monthly Oneida Golf Enterprise – Ladies Professional Golf Association update, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers b. Approve Oneida Golf Enterprise Agent Agreement – contract # 2016-0651 Motion by Trish King to approve the Oneida Golf Enterprise Agent Agreement – contract # 2016-0651, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Motion by Fawn Billie to direct the Liaison to work with Oneida Human Resources Department and Thornberry Creek Human Resources as needed to execute the agreement, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers C. AUDIT COMMITTEE Sponsor: Tehassi Hill, Councilman 1. Accept Audit Committee FY’ 16 2nd quarter report Motion by Tehassi Hill to accept the Audit Committee FY’ 16 2nd quarter report, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016 Page 9 of 12 Page 18 of 309 DRAFT D. UNFINISHED BUSINESS 1. Approve continuation of additional duties compensation for Division Director of Land Management until September 30, 2016 Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman EXCERPT FROM MARCH 30, 2016: Motion by Lisa Summers to approve the continuation of additional duties compensation for Division Director of Land Management until June 31, 2016, seconded by Tehassi Hill. Motion carried unanimously. EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to extend the recommended additional duties compensation up to three (3) months, seconded by David Jordan. Motion carried unanimously. Motion by Jennifer Webster to approve the continuation of additional duties compensation for Division Director of Land Management until September 30, 2016, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Motion by Jennifer Webster to defer the discussion of this position to the Business Committee work meeting for July 19, 2016, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers 2. Accept update regarding audit # 336 Sponsor: Tehassi Hill, Councilman EXCERPT FROM MAY 25, 2016: (1) Motion by David Jordan to accept the update and presentation regarding audit # 336, seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Jennifer Webster to request the summary of the actionable employment items be forwarded to the supervisor for the appropriate follow-up to be completed in the next (2) two weeks, noting this follow-up be reported back to the Business Committee in that time frame, seconded by David Jordan. Motion carried unanimously. Motion by Trish King to accept the update regarding audit # 336, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Motion by Tehassi Hill to go into executive session at 11:03 a.m., seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Motion by Tehassi Hill to come out of executive session at 11:45 a.m., seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016 Page 10 of 12 Page 19 of 309 DRAFT 3. Adopt resolution titled Regarding Pardon of Thomas Lee Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM JUNE 8, 2016: Motion by Brandon Stevens to defer this resolution back to the Pardon Screening Committee for an explanation on how the cited civil suit is related to the action for which the pardon is being sought, and this clarification be provided in time for the June 22, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried unanimously. Motion by Jennifer Webster to adopt resolution # 06-22-16-D Regarding Pardon of Thomas Lee, seconded by Trish King. Motion carried with two abstentions: Ayes: Trish King, Jennifer Webster Abstained: Fawn Billie, Tehassi Hill Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Motion by Fawn Billie to direct the Division Director of Governmental Services to bring to the Quality of Life Committee alternatives for working with community members who are in this type of position seeking employment, seconded by Trish King. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers 4. Defer update regarding complaint # 2016-DR06-01 Sponsor: Tehassi Hill, Councilman EXCERPT FROM MAY 25, 2016: Motion by Lisa Summers to accept the update regarding complaint # 2016-DR06-01; and to defer item to the June 22, 2016, regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously. EXCERPT FROM MARCH 30, 2016: Motion by Tehassi Hill to accept Complaint # 2016DR06-01, to acknowledge merit, and to assign Councilman Brandon Stevens, Councilman Tehassi Hill, and Councilwoman Jennifer Webster, seconded by Fawn Billie. Motion carried with one abstention. Motion by Jennifer Webster to defer the update regarding complaint # 2016-DR06-01 to the August 10, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers B. TABLED BUSINESS (No Requested Action) C. NEW BUSINESS 1. Approve fifty-two (52) new enrollments and two (2) relinquishments Sponsor: Brandon Stevens, Councilman Motion by Jennifer Webster to approve the fifty-two (52) new enrollments and two (2) relinquishments, seconded by Tehassi Hill. Motion carried with two abstentions: Ayes: Tehassi Hill, Jennifer Webster Abstained: Fawn Billie, Trish King Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016 Page 11 of 12 Page 20 of 309 DRAFT 2. Accept concern # 2016-CC-09 and discussion Sponsors: Melinda J. Danforth, Tribal Vice-Chairwoman; David Jordan, Councilman Motion by Jennifer Webster to defer concern # 2016-CC-09 to Vice-Chairwoman Melinda J. Danforth and Councilwoman Fawn Billie, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers 3. Accept update regarding Comprehensive Health Division 2nd quarter report Sponsors: Debra Danforth, Division Director/Operations; Dr. Ravinder Vir, Division Director/Medical Motion by Trish King to request the Division Directors of Comprehensive Health to work with the Law Office to redact and simplify their update regarding their Comprehensive Health Division 2nd quarter report, due to Health Insurance Portability and Accountability Act (HIPAA) rules and regulations, seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers XVII. ADJOURN Motion by Trish King to adjourn at 2:00 p.m., seconded by Fawn Billie. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster Not Present: Tina Danforth, David Jordan, Brandon Stevens, Lisa Summers Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented/corrected on ___________. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes - DRAFT of June 22, 2016 Page 12 of 12 Page 21 of 309    /  /                                     Page 22 of 309 DRAFT Oneida Business Committee Special Meeting 8:30 a.m. Tuesday, July 5, 2016 BC Conference Room, 2nd floor, Norbert Hill Center Minutes – DRAFT SPECIAL MEETING Present: Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers, Council members: Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster; Not Present: Chairwoman Tina Danforth; Arrived at: Treasurer Trish King and Councilman Brandon Stevens at 8:34 a.m.; Others present: Jo Anne House, Larry Barton, Dawn Moon-Kopetsky, Heather Heuer; I. CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 8:32 a.m. For the record: Chairwoman Tina Danforth is out of the office on travel. II. OPENING III. ADOPT THE AGENDA Motion by Jennifer Webster to adopt the agenda as presented, seconded by Tehassi Hill. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster Not Present: Tina Danforth, Trish King, Brandon Stevens IV. UNFINISHED BUSINESS Treasurer Trish King and Councilman Brandon Stevens arrive at 8:34 a.m. A. Approve meeting materials for the August 10, 2016, special General Tribal Council meeting Sponsor: Lisa Summers, Tribal Secretary EXCERPT FROM JUNE 22, 2016: Motion by Trish King to defer the meeting materials for the August 10, 2016, special General Tribal Council meeting to a special Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously. Motion by Lisa Summers to approve the meeting materials for the August 10, 2016, special General Tribal Council meeting, including the Business Committee recommendations provided by Chief Counsel, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth Oneida Business Committee Special Meeting Minutes DRAFT of July 5, 2016 Page 1 of 2 Page 23 of 309 DRAFT V. ADJOURN Motion by Lisa Summers to adjourn at 8:37 a.m., seconded by Brandon Stevens. Motion carried unanimously: Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster Not Present: Tina Danforth Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented/corrected on ___________. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Special Meeting Minutes DRAFT of July 5, 2016 Page 2 of 2 Page 24 of 309 Page 25 of 309 Page 26 of 309 BC Resolution # __-__-__-_ Participation in a Nationwide Elder Needs Assessment WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Nation has determined that the overall goal of the Oneida Nation is to protect, maintain and improve the standard of living and the environment in which the Oneida people live; and WHEREAS, long-term care, a category that includes health promotion, home health services, personal care, housekeeping assistance, home delivered meals, skilled nursing care, assisted living, and other in-home services, is an emerging unmet need in Indian Country; and WHEREAS, three National Resource Centers (North Dakota, Alaska and Hawaii) have been awarded grants through the Administration on Aging, Department of Health & Human Services, to collaborate and provide technical assistance on the health and social needs of American Indian, Alaska Native, and Native Hawaiian elderly and assist these groups in conducting a needs assessment which is a requirement for their AoA grant; and WHEREAS, the needs assessment is designed to yield information on the following Native elder health care needs:       General Health Status Activities of Daily Living Visual, Hearing, and Dental Tobacco and Alcohol Use Nutrition, Exercise, and Excess Weight Social Support, Housing, and Work; and WHEREAS, in addition to providing technical assistance, the three National Resource Centers on Native Aging are required, by the Older Americans Act, to perform research and disseminate the results of the research; and WHEREAS, the three National Resource Centers on Native Aging are asking Tribes throughout the nation to volunteer to participate in a partnership arrangement, to identify the needs of American Indian, Alaska Native, and Native Hawaiian elders nationwide, in which the resource centers and the Tribe/consortium will each assume responsibilities: What the Resource Center will provide: Page 27 of 309 BC Resolution # __-__-__-_ Participation in a Nationwide Elder Needs Assessment Page 2 of 2        Needs assessment instruments Assistance in sampling Training of interviewers Consultation with interviewers via email or telephone Data entry and analysis Data storage Production of tables and comparisons with national statistics What each Tribe/consortium will provide:       A Tribal Resolution documenting participation in the Native elder social and health needs assessment as applicable A list of elders to interview Interviewers or volunteers to conduct the survey Interpretation of the results with local input Development of recommendations for actions Dissemination of the results to tribal leaders and health officials; and WHEREAS, Summary information from your needs assessment, along with a national comparison report from all the needs assessments, will be returned to the governing council and to the local contact person; and WHEREAS, The confidentiality of enrolled members and Tribal/consortium information is of the utmost importance; therefore, the information in this needs assessment will be collected anonymously by tribal members with the information stored at the University or North Dakota School of Medicine & Health Sciences within a locked file cabinet and destroyed after a period of ten years; and NOW THERFORE BE IT RESOLVED, that the Oneida Nation hereby authorizes participation in the most current Identifying Our Needs: A Survey of Elders. The Oneida Nation grants permission to the North Dakota, Alaska, and Hawaii National Resource Centers on Native Aging to use all collected needs assessment information in aggregate format for the purpose of disseminating state, regional, and national results from analyses of the data. BE IT FINALLY RESOLVED, that specific information collected within the boundaries of the Oneida Nation belongs to the Oneida Nation and may not be released in any form to individuals, agencies, or organizations without tribal authorization. Page 28 of 309 Page 29 of 309 Page 30 of 309 Page 31 of 309 BC Resolution # __-__-__-_ The Economic Development Administration Program Grant WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Nation recognizes the importance of entrepreneurs in rural communities as a method for new job creation; and WHEREAS, the Oneida Nation is committed to the economic development of its people and its community and has a long history of job creation and educational partnerships; and WHEREAS, the Oneida Nation is a qualified applicant for the Economic Development Administration grant program; and NOW THEREFORE BE IT RESOLVED, that the Oneida Nation will support an application for the Economic Development Administration grant for a feasibility study for the Oneida Food Center. Page 32 of 309 Page 33 of 309 Page 34 of 309 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 07 / 13 / 2016 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: Motion to approve the Fiscal Year 2016 Revenue Allocation Plan 3. Supporting Materials Report Resolution Contract Other: 1. OBC draft resolution 3. Statement of Effect 2. Tribal Revenue Allocation Plan 4. Draft Letter to BIA Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Jo Anne House, Chief Counsel Primary Requestor/Submitter: Submitted by Jeri Bauman, Senior Paralegal, Oneida Law Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Page 35 of 309 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The FY-2016 Revenue Allocation Plan complies with the Indian Gaming Regulatory Act of 1988 [25U.S.C. subsection 2701, specifically, sub-section 271 O(b)(3)A-D ("IGRA") and all other applicable federal law. The Oneida Business Committee, acting in its capacity as the delegated governmental body of the Oneida Nation, is being requested to adopt this Tribal Revenue Allocation Plan for the purposes of distributing per capita payments for FY-2016. A resolution is included in this request for your approval. This approval process occurs each year Oneida distributes per capita plans. The Oneida Trust/Enrollment Committee approved the FY-2016 Revenue Allocation Plan at their duly called meeting on June 21, 2016. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Page 36 of 309 BC Resolution # __-__-__-_ Revenue Allocation Plan FY 2016 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 BC Resolution #07-10-13-B which approved a per capita payment of $1,000.00 to every enrolled member of the Oneida Nation f/k/a Oneida Tribe of Indians of Wisconsin, in accordance with the Oneida Per Capita Ordinance, for Fiscal Years 2014, 2015, and 2016; and WHEREAS, the General Tribal Council adopted Resolution #08-11-97-A which approved a per capita payment of $2,000.00 to each enrolled elder over the age of 62, in accordance with the Oneida Per Capita Ordinance, to begin in Fiscal Year 1998; and WHEREAS, the General Tribal Council adopted Resolution #06-30-90-A which approved a per capita payment of $500.00 to each enrolled elder over the age of 65 in accordance with the Oneida Per Capita Ordinance, to begin in November 1994; and WHEREAS, the Oneida Trust Committee is delegated responsibility to manage trust accounts in accordance with the Oneida Per Capita Ordinance; and WHEREAS, the Oneida Trust/Enrollment Committee approved the attached Revenue Allocation Plan for Fiscal Year 2016 by motion on June 21, 2016; and WHEREAS, the Indian Gaming Regulatory Act states that net revenues from any Class II and III gaming activities conducted or licensed by any tribe may be used to make per capita payments to members of the tribe only if (1) the tribe has prepared a Plan to allocate revenues for authorized uses and (2) the Plan is approved by the United States Assistant Secretary of the Interior as adequate; and Page 37 of 309 BC Resolution # __-__-__-_ Revenue Allocation Plan FY 2016 Page 2 of 2 WHEREAS, the Revenue Allocation Plan for Fiscal Year 2016 ensures that not more than fifty percent (50%) of the net gaming revenues shall be used for per capita payments to members; and WHEREAS, the attached Revenue Allocation Plan for Fiscal Year 2016 is in compliance with the Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq. as the Plan demonstrates that the Oneida Nation is dedicating a significant source of net gaming revenue for economic and governmental purposes; and NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee hereby approves and adopts the attached Revenue Allocation Plan for Fiscal Year 2016. BE IT FINALLY RESOLVED, that upon adoption by the Oneida Business Committee, the attached Revenue Allocation Plan for Fiscal Year 2016 and this resolution shall be presented to the United States Assistant Secretary of the Interior for review and approval according to the Indian Gaming Regulatory Act. Page 38 of 309 Oneida Nation Legislative Reference Office P.O. Box 365 Oneida, WI 54155 (920) 869-4375 (800) 236-2214 https://oneida-nsn.gov/Laws Jennifer Falck, Director Douglass A. McIntyre, Staff Attorney Taniquelle J. Thurner, Legislative Analyst Maureen Perkins, Legislative Analyst Statement of Effect Revenue Allocation Plan FY 2016 Summary This resolution approves and adopts the Revenue Allocation Plan for Fiscal Year 2016 and directs that it be presented to the United States Assistant Secretary of the Interior for review and approval in accordance with the Indian Gaming Regulatory Act. Submitted by: Douglass McIntyre, Staff Attorney, Legislative Reference Office Analysis by the Legislative Reference Office This resolution adopts a document which sets forth the allocation of tribal revenues for the payment of general membership and elder per capita. These per capita payments were adopted by the General Tribal Council through GTC Resolutions #06-30-90-A, #08-11-97-A, and #7-1013-B. In accordance with the Indian Gaming Regulatory Act, gaming revenues must be used for specific purposes and gaming revenues used to make per capita payments must meet certain criteria. This Statement of Effect does not review the Revenue Allocation Plan for Fiscal Year 2016. That document has received review by an attorney during the drafting stages and for the final document. The resolution identifies that a specified sum of money will be utilized for a per capita payment at the direction of the General Tribal Council. This budgeted impact has been assessed by the General Tribal Council through the budgeting process of the Oneida Nation. Thus, the Oneida Business Committee has been authorized to take the above action affecting the budget. The action within this resolution is within the authority of the Oneida Business Committee. The document being forwarded has received attorney review which is not included as a part of this Statement of Effect. Conclusion There are no legal issues which would prohibit adoption of this resolution. Page 1 of 1 Page 39 of 309 ONEIDA NATION Revenue Allocation Plan Fiscal Year 2016 Section I. Resolution and Repeal of Inconsistent Legislation This Revenue Allocation Plan ("Plan") was adopted pursuant to Oneida Business Committee Resolution No. 07-____-2016-__. With the exception of the Constitution of the Oneida Nation f/k/a Oneida Tribe of Indians of Wisconsin (ANation@) and the Gaming Compact of 1991 and its applicable amendments entered into by the Nation and State of Wisconsin, this Plan shall govern the allocation of available net revenues from the Nation’s gaming enterprises including per capita distributions to qualified members of the Nation. Section II. Policy and Legislative History This Plan is in compliance with the Indian Gaming Regulatory Act of 1988 [25 U.S.C. '2701, specifically, '2710(b)(3)A-D ("IGRA") and all other applicable federal law. The Nation shall use revenues generated by its gaming establishments primarily to strengthen the Nation’s government, its self-sufficiency and to support its economic development. The Nation shall ensure that its governmental operations and programs and its economic development shall receive the necessary financial support from net gaming revenues prior to distributing such revenues for other purposes. The Nation is committed to providing for its long range security and its members. Accordingly, the Nation shall ensure that net gaming revenues are allocated toward investments, programs and projects that impact not only present needs, but also anticipate future needs. In addition, the Nation shall ensure that investments, programs and projects funded by net gaming revenues are aimed toward improving national conditions and the life opportunities of its members for the next seven generations. The Nation retains the inherent sovereign right to determine the best interests of its minor members by providing for their future welfare by placing monies into trust for the benefit of those minor members. The Nation shall provide for the future of minors while encouraging parents to provide for the immediate living needs of their children as is their responsibility. The Nation is committed to the education of its children. Specifically, the Nation seeks to increase the high school graduation rates of its members, and encourage its members to pursue degrees in colleges, universities or vocational schools. Currently, the Nation offers financial assistance to every eligible member for educational purposes. 1 Page 40 of 309 Pursuant to Oneida Business Committee Resolution #07-10-13-B, a per capita payment in the amount of $1,000.00 will be distributed to every enrolled member of the Oneida Nation for Fiscal Years 2014, 2015, and 2016. The per capita distribution will be referred to as the APer Capita Payment.@ Pursuant to General Tribal Council Resolution #08-11-97A, a per capita payment in the amount of $2,000.00 will be distributed to every enrolled elder aged 62 and over to begin in Fiscal Year 1998. Pursuant to General Tribal Council Resolution #6-3090-A, “To begin in November 1994 to make a per capita payment of $500 once each year, with 5% inflation built into the schedule, to all living persons over the age of 65 by 10/31 of that year.” The 5% inflationary increase began in fiscal year 2003 and was added every odd year thereafter, in addition to the $2,000 authorized by Resolution #08-11-97A. The Oneida Trust Committee took action pursuant to Oneida Trust Committee Resolution 6-25-13 to modify the 5% inflationary increase so that it will now be applied every three years beginning in 2014. The 5% inflationary increase will be applied every third year thereafter until such time as the Oneida Trust Committee designates a new schedule of payment. Both elderly per capita distributions will be referred to as the AElderly Per Capita Payment.@ The aged 65 and over elderly per capita distribution pursuant to Resolution #6-30-90-A for fiscal year 2016 will be $670.04. The Per Capita Payment and Elderly Per Capita Payment are being made to offer financial assistance to all members of the Nation regardless of their employment with the Nation. The Oneida Business Committee, acting in its capacity as the delegated governmental body of the Nation, is adopting this allocation plan in order to implement the abovereferenced General Tribal Council Resolutions. Copies of these resolutions and motion are attached. Section III. Use of Net Gaming Revenues; Nation’s Governmental Operations and Programs A. The Nation hereby allocates 39.25% of net gaming revenues in order to provide for supplemental funding for governmental operations and programs. If it deems it necessary, the Oneida Business Committee acting at the direction of the General Tribal Council shall have the authority to revise and increase the percentage of net gaming revenues allocated to funding for its governmental operations and programs. B. Governmental operations and programs to be supplementarily funded by net gaming revenues under this Section shall include, but shall not be limited to, the following: the Nation’s administration, capital improvements to its offices, public works program, planning program, enrollment program, community health representative, health services, Indian Health Services clinic, its Indian Child Welfare Act program, clean-up program, education program, school food service programs, parenting 2 Page 41 of 309 program, summer youth workers' program, library, recreation program, elderly program, veterans' symposium, arts and crafts program, and its cultural programs. C. The Oneida Business Committee forwarded the Fiscal Year 2016 budget to the General Tribal Council with delegation of budget revision authority to the Oneida Business Committee. Prior to the commencement of this fiscal year, the Oneida Business Committee received budget reports and requests from each governmental operation and program listed in Section III.B. The budget reports detailed: Past fiscal year revenues, projected revenues, revenue sources, including the amount of net revenues derived from gaming enterprises, past fiscal year expenditures and projected expenditures, together with a detailed accounting for expenditures. The budget reports also included budget requests including requests for supplemental funding from net gaming revenues allocated to funding for the Nation’s governmental operations and programs. D. The Oneida Business Committee, after receiving all budget reports and requests under this Section, allocated those funds designated for its governmental operations and programs. This allocation occurred with the adoption of the Nation's fiscal year budget. The Oneida Business Committee shall be the sole decision making body to any actions taken upon budget reports and requests and as to the allocation of funds designated for its governmental operations and programs as delegated by the General Tribal Council. E. The Oneida Business Committee disbursed those monies allocated to its governmental operations and programs in accordance with the Nation's fiscal year budget referenced in paragraph D above. Any disbursements made hereunder by the receiving governmental operation or program shall be handled in a manner consistent with the operation's or program's generally accepted accounting methods. F. Prior to the adoption of the Oneida Nation's fiscal year budget, the Oneida Business Committee reviewed the budget reports and requests required in Paragraph C above for the prior fiscal year, and any other reports prepared in accordance with generally accepted accounting methods, to determine the actual amount of monies expended on its governmental operations and programs in the prior fiscal year together with the percentage of total net gaming revenues allocated to its governmental operations and programs in the prior fiscal year. Such review was reported to the General Tribal Council through Treasurer=s Reports. Section IV. A. Use of Net Gaming Revenues; General Welfare of the Oneida Nation and its Members The Nation hereby allocates 33.65% of net gaming revenues in order to provide supplemental funding for the general welfare of the Nation and its members. If it deems it necessary, the Oneida Business Committee acting at the direction of the General Tribal Council shall have the authority to revise and increase the percentage 3 Page 42 of 309 of net gaming revenues allocated to funding for the general welfare of the Nation and its members. B. The Oneida Business Committee shall meet with their delegate or designee for its social services to consider the social service and general welfare needs of its members and to receive needs assessments and budget reports and requests of any of the Nation’s social service program not included in Section III. These general welfare programs shall include, but shall not be limited to, utility assistance program, funeral assistance program, the Nation’s housing assistance program, higher education program, elderly services, social services programs, health services and the food distribution program. The needs assessments and budget reports and requests shall be prepared in accordance with the requirements set forth in Section III. C., D., E. and F. above, except that the General Tribal Council or the Oneida Business Committee may waive the requirements set forth in Section III. F. above. Section V. A. B. Use of Net Gaming Revenues; Oneida Nation’s Economic Development The Nation hereby allocates 4.81% of net gaming revenues in order to provide funding for its economic development. 1. If it deems it necessary, the Oneida Business Committee acting at the direction of the General Tribal Council shall have the authority to revise and increase the percentage of net gaming revenues allocated to funding for its economic development. 2. The General Tribal Council or the Oneida Business Committee acting at the direction of the General Tribal Council, may, in its discretion, allocate net gaming revenues allocated to funding for its governmental operations and programs, funding for the general welfare of the Nation and its members, donations to charitable organizations, and funding of local government operations that have not been expended as of the last date of this fiscal year to the purposes set forth in this Section. "Nation’s economic development" shall include investment of net gaming revenues. Investments of net gaming revenues allocated to its economic development shall be made pursuant to an annual budget allocation for business development and pursuant to an investment policy to be adopted by resolution of the General Tribal Council or the Oneida Business Committee. At a minimum, this investment policy shall provide: 1. That the net gaming revenues allocated to investment pursuant to Section V of the Revenue Allocation Plan shall be weighted toward investments that provide for the long term security of the Oneida Nation and its members. 2. A description of the types of investments made; 4 Page 43 of 309 3. A percentage allocation of equities and bonds; 4. Investment objectives to be reviewed on a quarterly basis by the Oneida Business Committee; and 5. A list of investments that shall be excluded due to their lack of safety and liquidity. C. Investments of net gaming revenues allocated to its economic development shall be made with nationally recognized, reputable, and safe investment companies in accordance with the Nation’s goal toward the long term economic security of itself and its members. The Oneida Business Committee, in its discretion, may allocate the interest earned on investments made pursuant to this Section in accordance with the provisions of IGRA or any other applicable federal and the Nation’s law(s). D. The Oneida Business Committee acting at the direction of the General Tribal Council shall have the authority to appropriate and expend net gaming revenues allocated to its economic development to fund proposed economic development projects. The Nation’s economic development proposals shall be considered in accordance with existing procedures. The Oneida Business Committee acting at the direction of the General Tribal Council shall thereafter allocate those net gaming revenues designated for its economic development to the proposed economic development project as it deems necessary and feasible. E. The Oneida Business Committee acting at the direction of the General Tribal Council shall have the authority to appropriate and expend net gaming revenues allocated to its economic development to supplement funding for ongoing economic development enterprises. Requests for supplemental funding for the Nation’s ongoing businesses and enterprises shall be considered in accordance with existing procedures. The Oneida Business Committee acting at the direction of the General Tribal Council shall thereafter allocate those net gaming revenues designated for its economic development to the ongoing business or enterprise as it deems necessary and feasible. Section VI. Use of Net Gaming Revenues; Donations to Charitable Organizations A. The Nation hereby allocates 0% of net gaming revenues to provide funding for donations to charitable organizations. B. The Oneida Business Committee acting at the direction of the General Tribal Council shall consider requests for charitable donations under this Section. The Oneida Business Committee acting at the direction of the General Tribal Council may show a preference to such charitable donation requests that benefit the Nation’s members or Indian people generally. Section VII. Use of Net Gaming Revenues; Funding of Local Government Operations 5 Page 44 of 309 A. The Nation hereby allocates 6.59% of net gaming revenues to provide supplemental funding for local government operations. B. The Oneida Business Committee acting at the direction of the General Tribal Council shall have the authority to utilize the net gaming revenues allocated to funding of local government operations to assist local city and county governments in projects and programs that affect the Nation. The Oneida Business Committee may show a preference for such local government projects or programs that benefit its members or Indian people generally. The Oneida Business Committee shall receive or initiate proposals for projects or programs with local city or county governments and negotiate the terms of such projects or programs in light of funds available under this Section. To the extent that the local government projects or programs contributed to under this section benefit non-Indians, the Oneida Business Committee may require the local government to provide matching funds. Section VIII. Use of Net Gaming Revenues; APer Capita Payment@ and AElderly Per Capita Payment@ A. In order to advance the personal health, safety and welfare of qualified members, the Nation hereby allocates 15.70% to be paid to qualified members. Pursuant to Oneida Business Committee Resolution #07-10-13-B, a per capita payment in the amount of $1,000.00 will be distributed to or contributed in trust (as applicable) on behalf of every enrolled member for fiscal years 2014, 2015, and 2016. Pursuant to General Tribal Council Resolution #08-11-97A, a per capita payment in the amount of $2,000.00 will be distributed to every enrolled elder aged 62 and over to begin in Fiscal Year 1998. Pursuant to General Tribal Council Resolution #6-30-90-A, a per capita payment in the amount of $500.00 will also be distributed to every enrolled elder aged 65 and over. As authorized by Resolution #6-30-90-A, an additional 5% may be built into the $500 per capita payment made to qualifying elders, as was done in fiscal years 2003-2011. The Oneida Trust Committee took action pursuant to Trust Committee Resolution 6-25-13 to modify the 5% inflationary increase so that it will now be applied every three years beginning in 2014. The 5% inflationary increase will be applied every third year thereafter until such time as the Oneida Trust Committee designates a new schedule of payment. The aged 65 and over elderly per capita distribution for fiscal year 2014 was $670.04. In accordance with the United States Department of Interior's Rules and Regulations, Part 290-Tribal Revenue Allocation Plan, Vol. 65, No. 53 Fed. Reg. 14467, (March 17, 2000), and for purposes of this Plan, "per capita payment" shall mean those payments made or distributed to all of the Nation’s members, or, to identified groups of members, which are paid directly from the net revenues of any gaming activity; no other commonly accepted or used definition of the term "per capita payment" affects the use of the term herein. 6 Page 45 of 309 B. 1. Per capita payments to the Nation’s qualified members shall be made no later than September 30, 2016, for the FY 2016 payment, or as soon thereafter as is legally practicable based on the submission date to allow for the minimum time for regulatory review of the Revenue Allocation Plan. 2. The Elderly Per Capita Payment shall be made not later than September 30, 2016, for the FY 2016 payment, or as soon thereafter as is legally practicable based on the submission date to allow for the minimum time for regulatory review of the Revenue Allocation Plan. 3. Upon approval of this Plan, all net revenue designated for distribution as per capita payments shall be deposited into a low-risk interest bearing account with a federally insured financial institution prior to distribution. Interest earned prior to distribution on net gaming revenues deposited in this account shall be deposited into the Nation=s General Fund for future use at the discretion of the Oneida Business Committee as delegated by the General Tribal Council. The Nation’s "qualified members" for purposes of the "Per Capita Payment" shall mean those individuals who are duly enrolled in the Oneida Nation f/k/a Oneida Tribe of Indians of Wisconsin pursuant to Article II of the Oneida Nation's Constitution and the Oneida Membership Ordinance established by General Tribal Council Resolution #7-2-84-A. Individuals who have submitted their applications for membership to the Oneida Enrollments Department prior to February 1 of the year in which the per capita payment is made will also be eligible for the Per Capita Payment. The "Nation’s qualified members" who have attained the age of 62 for the $2,000 payment or 65 for the additional $670.04 payment as of December 31 of the year in which the payment is made are eligible for the Elderly Per Capita Payment. 1. The Nation shall place into trust the per capita payments, or any portion or percentage thereof, of any individual who is declared incompetent by the Oneida Judiciary or another court of competent jurisdiction. The Oneida Trust/Enrollment Committee shall invest said funds pursuant to an Investment Policy adopted by the Oneida Trust/Enrollment Committee taking into account the goals and purpose of the trust, appropriate time horizons for investment, and liquidity needs of the trust. 2. The Oneida Trust Committee or its appointed agent shall have the authority to order the disbursement of funds held in trust on behalf of any individual who has been declared legally incompetent upon the petition of the guardian of such individual. The Oneida Trust Committee may require the petitioning guardian to submit receipts of expenditures made from funds disbursed hereunder before any future disbursements are made. The establishment of a regular monthly allowance for any individual declared legally incompetent 7 Page 46 of 309 from the proceeds of any per capita payment placed into trust under this Section shall be at the discretion of the Oneida Trust Committee or its appointed agent. C. In order to provide for the future safety and well-being of the children of the Nation, the General Tribal Council authorized that per capita payments designated for minor qualified members shall be deposited into a "Minors Trust Fund" established and invested by the Oneida Trust Committee pursuant to an Investment Policy adopted by the Oneida Trust Committee taking into account the goals and purposes of the trust, appropriate time horizons for investment, and liquidity needs of the trust. 1. A "minor qualified member" means an individual who is a qualified member of the Nation as defined in Section VIII. B., except that he or she has not reached the age of eighteen (18) as of September 1 of the year in which the per capita payment is made. 2. Payments into the "Minors Trust Fund" shall be deposited into the respective trust account of the minor qualified members. Account market value statements shall be available to the participant, parent, parents or legal guardian of the minor qualified member. 3. Except for those accounts subject to a deferred election as set forth in Section VIII(C)(5), each minor qualified member shall receive one trust account maturity payment of the monies accumulated in the "Minors Trust Fund," including interest, for that particular minor qualified member on such dates declared by the Trust/Enrollment Committee for the distribution of Trust benefits, at least annually, following the beneficiary’s (1) attainment of the age of eighteen (18), and (2) his or her provision to the Trust/Enrollment Committee proof he or she has obtained a high school diploma, a high school equivalency diploma or a general equivalency diploma. If such proof is not provided by the qualified member, his or her trust funds shall not be disbursed until his or her twenty-first (21st) birthday. The graduating class of 2016, minors declared legally incompetent, and minors who have a learning disability or other disability are exempt from the diploma requirement. Funds for a minor declared legally incompetent shall be put into a trust account for the legally incompetent adult. Minors with a disability providing a certificate of twelve (12) years of school attendance will be treated as high school graduates. Accounts reaching maturity will be processed and distributed not less than annually. 4. The Oneida Trust Committee shall have the authority to order early distributions of any funds placed into the "Minors Trust Fund" on behalf of a minor qualified member prior to the age of majority upon proper petition of the parent(s) or legal guardian of the minor qualified member, provided that the Oneida Trust Committee determines that (1) the distributed funds will be 8 Page 47 of 309 used solely for the health, education or welfare of the minor beneficiary, and (2) the distribution is a result of an Unforeseeable Emergency. Any petition for such emergency withdrawal shall include a detailed budget of monies necessary for the beneficiary’s health, education, or welfare and a detailed justification for the need to expend Trust funds to meet the beneficiary’s health, education or welfare needs, including other possible sources of funds or the lack thereof, and a showing that all other resources have been exhausted including federal, state, local and the Nation’s assistance. The Oneida Trust Committee may also require that petitioners submit receipts of expenditures made from funds disbursed hereunder before any future disbursements are made. 5. Notwithstanding the regular maturity payments rules set forth above, the Oneida Trust Committee may, at its option, implement optional deferral elections whereby Trust beneficiaries (joined by a parent or guardian as appropriate) may defer payment to a later date or dates; provided that the Oneida Trust Committee may implement procedures and restrictions designed to comply with IRS deferral requirements including, without limitation, constructive receipt and economic benefit. D. Any person enrolling in the Nation shall not be entitled to any back payments of per capita proceeds. The first per capita payment to a new member shall be on the first date of a regularly scheduled payment after his or her qualified status is confirmed in accordance with Section VIII. B. E. The Oneida Business Committee or its appointed agent shall insure that notification of the application of federal and/or applicable state tax laws to per capita payments be made when such payments are made. The Oneida Business Committee or its appointed agent shall also implement a procedure by which qualified members who receive per capita payments can have applicable taxes automatically deducted from per capita payments. The Oneida Business Committee or its appointed agent shall include in the notice of the application of federal tax laws, a notice of the existence of the withholding procedure. F. If any dispute arises out of the distribution of this per capita payment, all such matters shall be resolved according to the procedures set forth in the Judiciary Law adopted pursuant to General Tribal Council Resolution # 01-07-13-B. Section IX. Revision of Allocated Percentages Any revision of the allocated percentages as set forth in Sections III through VIII shall be documented by an Oneida General Tribal Council or Oneida Business Committee resolution, a copy of which shall be provided to the Secretary of the Interior. Any revision under this section is subject to Secretarial approval as required by the Indian Gaming Regulatory Act (IGRA). 9 Page 48 of 309 Section X. Severability If any section, or any part thereof, of this Plan or the application thereof to any party, person, or entity or, in any circumstances, shall be held invalid for any reason whatsoever by a court of competent jurisdiction, or by the Department of the Interior, the remainder of the section, part or Plan shall not be affected thereby and shall remain in full force and effect as though no section, or part thereof, has been declared to be invalid. Section XI. No Waiver of Sovereign Immunity. Nothing in this Plan shall provide or be interpreted to provide a waiver of the Nation’s or any of its governmental officers' and/or agents' sovereign immunity from suit. Section XII. Amendment or Repeal of Plan This Plan, and any section, part, and word thereof, may be amended or repealed only by an Oneida Business Committee or Oneida General Tribal Council Resolution which requires a two-thirds vote of the Oneida Business Committee or the Oneida General Tribal Council respectively. Any resolution adopted by the Oneida General Tribal Council or Oneida Business Committee repealing the Plan will be forwarded to the Department of Interior. Any resolution adopted by the Oneida General Tribal Council or Oneida Business Committee which approves of amendments to the Plan will be forwarded to the Department of Interior along with the subject amendments. Any repeal or amendment of the Plan under this section is subject to Secretarial approval as required by the Indian Gaming Regulatory Act (IGRA). Section XIII. Readoption is not Automatic if no Plan for Subsequent Fiscal Year. If no Revenue Allocation Plan is prepared for the subsequent fiscal year, the terms of this Plan shall not be automatically adopted, without any further General Tribal Council or Oneida Business Committee action, to govern the allocation of net gaming revenues for the subsequent fiscal year. Section XIV. Effective Date This Plan governs the distribution of any and all net gaming revenues occurring in fiscal year 2016 which began on October 1, 2015, and will end on September 30, 2016. This Plan becomes effective upon adoption by the Oneida Business Committee of Resolution 07-___2016-__ and approval by the Area Director of the Bureau of Indian Affairs in accordance with the United States Department of Interior's Rules and Regulations, Part 290-Tribal Revenue Allocation Plan, Vol. 65, No. 53 Fed. Reg. 14467, (March 17, 2000), IGRA, and all other applicable federal law. Accordingly, this Plan is effective on the ____ day of July, 2016. 10 Page 49 of 309 Oneida Tribe of Indians of Wisconsin UGWA DEMOLUM YATEHE Because of the help of this Oneida Chief in cementing a friendship between the six nations and the colony of Pennsylvania, a new nation, the United States was made possble. Oneidas bringing several hundred bags of corn to Washington' s starving army at Valley Forge, after the colonists had consistently refused to aid them. BC Resolution 07-1 0-13-B Implementing Per Capita Plan Adopted by the General Tribal Council May 5, 2013 WHEREAS, the Oneida General Tribal Council is the duly recognized governing body of the Oneida Tribe of Indians of Wisconsin, and WHEREAS, the General Tribal Council has been delegated the authority of Article IV, Section I of the Oneida Tribal Constitution, and WHEREAS, the Oneida Business Committee may be delegated duties and responsibilities by the Oneida General Tribal Council and is at all times subject to the review powers of the Oneida General Tribal Council, and WHEREAS, the General Tribal Council met on May 5, 2013, to discuss and take action regarding a proposed per capita plan, and WHEREAS, the per capita plans were presented by the Oneida Business Committee as directed by resolution# GTC5-10-08-A and as requested in a petition, and WHEREAS, the General Tribal Council, after presentation and discussion regarding the proposed per capita plans, adopted a per capita payment plan by the motion " ... for a $1,000 per capita payment for three years on Oct. 1 starting in 2014". NOW THEREFORE BE IT RESOLVED, in accordance with section 9.4-3 of the Per Capita Law, the Oneida Business Committee implements the action of the General Tribal Council and directs the per capita payment of $1000.00 to every member be included in budgets for Fiscal Years 2014, 2015, and 2016. CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida Business Committee is composed of 9 members of whom 5 members constitute a quorum; 8 members were present at a meeting duly called, noticed and held on the 1o'h day of July, 2013; that the forgoing resolution was duly adopted at such meeting by a vote of 6 members for, 0 members against, and 1 member not voting; and that said resolution has not been rescinded or amended in any way. '?~\lr(f= Patricia Hoeft, Tribal Secretary Oneida Business Committee *According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie." Page 50 of 309 Page 51 of 309 Page 52 of 309 Page 53 of 309 Page 54 of 309 Page 55 of 309 Page 56 of 309 Page 57 of 309 Page 58 of 309 Page 59 of 309 Page 60 of 309 Page 61 of 309 Page 62 of 309 Page 63 of 309 Page 64 of 309 Page 65 of 309 Page 66 of 309 Page 67 of 309 Page 68 of 309 Page 69 of 309 Page 70 of 309 Page 71 of 309 Page 72 of 309 Page 73 of 309 Page 74 of 309 Page 75 of 309 Page 76 of 309 Page 77 of 309 Page 78 of 309 Page 79 of 309 Page 80 of 309 Page 81 of 309 Page 82 of 309 Page 83 of 309 Page 84 of 309 Page 85 of 309 Page 86 of 309 Page 87 of 309 Page 88 of 309 Page 89 of 309 Page 90 of 309 Page 91 of 309 Page 92 of 309 Page 93 of 309 Page 94 of 309 Page 95 of 309 Page 96 of 309 Page 97 of 309 Page 98 of 309 Page 99 of 309 Page 100 of 309 Page 101 of 309 Page 102 of 309 Page 103 of 309 Page 104 of 309 Page 105 of 309 Page 106 of 309 Page 107 of 309 Page 108 of 309 Page 109 of 309 Page 110 of 309 Page 111 of 309 Page 112 of 309 Page 113 of 309 Page 114 of 309 Page 115 of 309 Page 116 of 309 Page 117 of 309 Page 118 of 309 ONEIDA LAW OFFICE JO ANNE HOUSE CHIEF COUNSEL JAMES R. BITTORF DEPUTY CHIEF COUNSEL REBECCA M. WEBSTER SENIOR STAFF ATTORNEY N7210 SEMINARY ROAD P.O. BOX 109 ONEIDA, WISCONSIN 54155 (920) 869-4327 PATRICIA M. STEVENSGARVEY KELLY M. MCANDREWS MICHELLE L. MAYS ROBERT W. ORCUTT KRYSTAL L. JOHN FAX (920) 869-4065 July 14, 2016 Ms. Diane Rosen United States Bureau of Indian Affairs Great Lakes Agency 916 W. Lake Shore Drive Ashland, WI 54806 RE: Oneida Tribe of Indians of Wisconsin - 2016 Revenue Allocation Plan Dear Ms. Rosen: Please review and forward to the appropriate Bureau Official for review and approval the enclosed Revenue Allocation Plan by the Oneida Nation f/k/a Oneida Tribe of Indians of Wisconsin (ANation@) for FY 2016. This plan is being submitted in accordance with the Indian Gaming Regulatory Act, 25 U.S.C. '2701, et seq. Also enclosed are copies of the following: 1. 2. 3. 5. 6. Oneida Business Committee resolution #06-24-15-D adopting the FY 2016 Revenue Allocation Plan Oneida Business Committee Resolution # 7-10-13-B approving a per capita payment in the amount of $1,000 to each enrolled member of the Oneida Tribe Oneida General Tribal Council resolutions # 6-30-90-A and #08-11-97-A approving the Elder Per Capita payments; and, Trust Committee Resolution # 06-25-13 modifying 5% inflationary increase General Tribal Council Resolution #7-2-84-A adopting the Oneida Membership Ordinance General Tribal Council Resolution #8-19-91-A adopting the Administrative Procedures Act as amended by General Tribal Council Resolution #01-07-13-A The percentages in the Revenue Allocation Plan are based on the approved Fiscal Year 2016 budget. The Nation will contact the local Social Security Administration office, and provide the office with the amount of the proposed per capita disbursement for September 30, 2016. The Social Security Administration office will contact all individuals receiving Social Security benefits to inform them that their benefits will be affected by the September 30, 2016 per capita payments. Page 119 of 309 Ms. Diane Rosen July 14, 2016 Page 2 The Nation will comply with all of the requirements set forth in 26 CFR Part 31 with regard to the income tax withholding requirements as mandated by the IGRA on per capita payments to the Nation’s members. Members of the Oneida Nation will be informed that the per capita payment is taxable and that they are responsible for reporting the per capita income on their income taxes. If you have any questions or comments, please feel free to contact me at (920) 869-4327 or by email at jhouse1@oneidanation.org. Sincerely, Jo Anne House, Chief Counsel Oneida Nation Enclosures Page 120 of 309    /  /               X   Statement of Effect                    Page 121 of 309                                      Page 122 of 309 BC Resolution # __-__-__-_ Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal Council on June 13, 2016 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 General Tribal Council met on June 13, 2016, to discuss and take action regarding proposed per capita plans by Petitioner Metivier and the Oneida Business Committee; and WHEREAS, the General Tribal Council, after presentations and discussion, adopted a per capita payment plan by way of motions that “…$1,300 instead of $2,000…” is to be paid “…beginning Fiscal Year 2017 through 2021”; and WHEREAS, section 9.4-3 of the Per Capita Law identifies that “per capita payments shall be issued only at the direction of the General Tribal Council through adoption of a resolution”; and NOW THEREFORE BE IT RESOLVED, in accordance with the duly adopted Per Capita Law, the Oneida Business Committee implements the action of the General Tribal Council and directs the per capita payment of $1,300 to every member be included in the budgets for Fiscal Years 2017, 2018, 2019, 2020, and 2021. Page 123 of 309 Oneida Nation Legislative Reference Office P.O. Box 365 Oneida, WI 54155 (920) 869-4375 (800) 236-2214 https://oneida-nsn.gov/Laws Jennifer Falck, Director Douglass A. McIntyre, Staff Attorney Taniquelle J. Thurner, Legislative Analyst Maureen Perkins, Legislative Analyst Statement of Effect Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal Council on June 13, 2016 Summary This resolution implements the General Tribal Council’s adopted per capita plan for a one thousand and three hundred dollar ($1,300) payment beginning Fiscal Year 2017 through 2021. Submitted by Douglass A. McIntyre, Staff Attorney, Legislative Reference Office Analysis by the Legislative Reference Office On June 13, 2016, the General Tribal Council met to discuss a petition regarding a proposed per capita plan and a separate plan proposed by the Oneida Business Committee. The Per Capita law specifies that per capita payments may only be issued through adoption of a resolution: 9.4-3. Budgetary Limitations. This law shall not be construed as mandating a per capita payment. Per capita payments shall be issued only at the direction of the General Tribal Council through adoption of a resolution. It is intended that the adoption of this resolution will fulfill the above requirement and the June 13, 2016 direction of the General Tribal Council will be implemented and therefore directs that the per capita payment of one thousand and three hundred dollar ($1,300) to every member be included in budgets for Fiscal Years 2017, 2018, 2019, 2020, and 2021. The establishment of per capita payments for future years can be viewed as a valid action for the General Tribal Council to approve. However, it is debatable whether one General Tribal Council can bind another, and therefore the dollar amounts for fiscal years 2018, 2019, 2020, and 2021 should be viewed as subject to alteration by future General Tribal Councils. Conclusion There are no legal bars to adopting the resolution. Passage of this resolution is intended to satisfy section 9.4-3 of the Per Capita law requiring per capita payments be established by adoption of a resolution. This statement of effect is limited to an analysis of the resolution itself and does not constitute a review of the Per Capita law which was discussed herein. Page 1 of 1 Page 124 of 309 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 7 / 13 / 16 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Standing Committees Accept as Information only Action - please describe: Accept the June 15, 2016 LOC Meeting Minutes 3. Supporting Materials Report Resolution Contract Other: 1. Minutes 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Brandon Stevens, Council Member Primary Requestor: Submitted by Doug McIntyre, Staff Attorney/LRO Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Page 125 of 309 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The purpose of this request is to ask the OBC to accept the attached LOC meeting minutes. In accordance with the LOC Bylaws, all minutes shall be submitted to the Tribal Secretary's Office within 30 calendar days after approval by the LOC [See LOC Bylaws, 4-2(a)]. Action Requested: Accept the LOC meeting minutes of June 15, 2016. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Page 126 of 309 Oneida Nation Legislative Reference Office P.O. Box 365 Oneida, WI 54155 (920) 869-4376 (800) 236-2214 http://oneida-nsn.gov/LOC Committee Members Brandon Stevens, Chairperson Tehassi Hill, Vice Chairperson Fawn Billie, Councilmember David P. Jordan, Councilmember Jennifer Webster, Councilmember LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA Business Committee Conference Room-2nd Floor Norbert Hill Center June 15, 2016 9:00 a.m. Present: Brandon Stevens, Tehassi Hill, Fawn Billie, Jennifer Webster, David P. Jordan Others Present: Taniquelle Thurner, Maureen Perkins, Doug McIntyre, Krystal John, Rae Skenandore, Danelle Wilson, Leyne Orosco, Ed Delgado. I. Call to Order and Approval of the Agenda Tehassi Hill called the June 15, 2016 Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Jennifer Webster to adopt the agenda with the addition of the Code of Laws Reorganization; seconded by Fawn Billie. Motion carried unanimously. II. Minutes to be approved 1. June 1, 2016 LOC Meeting Minutes Motion by Jennifer Webster to approve the June 1, 2016 LOC meeting minutes; seconded by Fawn Billie. Motion carried unanimously. III. Current Business 1. Employment Law (06:05-07:12) Motion by Jennifer Webster to accept the fiscal impact statement for the Employment Law; seconded by David P. Jordan. Motion carried unanimously. 2. Landlord-Tenant Law (07:13-08:13) Motion by David P. Jordan to accept the legislative analysis for Landlord-Tenant law and to approve the public meeting packet for a public meeting date on July 21, 2016; seconded by Fawn Billie. Motion carried unanimously. 3. Leasing Law (08:15-16:45) Legislative Operating Committee Meeting Minutes of June 15, 2016 Page 1 of 2 Page 127 of 309 Motion by Fawn Billie to accept the Leasing law public meeting comments; seconded by Tehassi Hill. Motion carried unanimously. Motion by Jennifer Webster to direct an adoption packet for the Leasing law be prepared after feedback of the draft is received from the Bureau of Indian Affairs; seconded by David P. Jordan. Motion carried unanimously. 4. Oneida Seal and Flag Law (16:51-18:61) Motion by Tehassi Hill to defer the Oneida Seal and Flag Law to the Legislative Reference Office for an updated legislative analysis and to prepare for a second public meeting; seconded by Jennifer Webster. Motion carried unanimously. 5. Vendor Licensing Law Amendments (18:55-19:53) Motion by David P. Jordan to accept the legislative analysis for Vendor Licensing Law Amendments and to approve the public meeting packet for a public meeting date on July 21, 2016; seconded by Fawn Billie. Motion carried unanimously. IV. New Submissions V. Additions 1. Oneida Code of Laws Reorganization (20:00-51:59) Motion by David P. Jordan to defer the Oneida Code of Laws Reorganization to the Legislative Reference Office for directed changes and to schedule an Oneida Business Committee work meeting; seconded by Jennifer Webster. Motion carried unanimously. VI. Administrative Updates VII. Executive Session VIII. Recess/Adjourn Motion by Tehassi Hill to adjourn the June 15, 2016 Legislative Operating Committee meeting at 9:53 a.m.; seconded by Jennifer Webster. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of June 15, 2016 Page 2 of 2 Page 128 of 309 Page 129 of 309 Page 130 of 309 Oneida Nation P.O. Box 365 Oneida, WI 54155 MEMORANDUM TO: Finance Committee CC: Business Committee FR: Denise Vigue, Execut ive Assistant DT: July 6, 2016 RE: E- Poll Result s of: FC Meeting Mi nutes of Jul y 5, 2016 An E-Poll vot e of the Finance Committee was conduct ed to approve the July 5, 2016 Finance Committee meet ing minutes. The results of the completed E- Poll ar e as f ollows: E-POLL RESULTS: There w as a Majority 5 YES votes from Larry Barton, David Jordan, Wesley Martin, Jr., Jennifer Webster and Chad Fuss to approve the Jul y 5, 2016 Finance Committee Meeting Minutes. The minut es will be placed on the next BC agenda of July 13, 2016 f or approval and the next Finance Committee agenda of July 18, 2016 to rat if y this E- Poll action. Yaw⩑ko __________________________________________________________________________________________________________________________________________________________ * Per the Finance Committee By-Laws Article III-Meetings, 3-4 Quorum. Four (4) members of the Finance Committee shall constitute a quorum & 3-6 Voting. (d) The Finance Committee shall act by a majority of vote of the quorum present at any meeting. Finance Administration Office Phone: 920- 869-4325 FAO@oneidanation.org Page 131 of 309 ONEI D A FI N ANCE COM M I TTEE July 5, 2016 – 10:00 A.M. Business Committee Executive Conference Room REGULAR MEETING MINUTES Members Present: Patricia King, Treasurer/FC Chair David Jordan, BC Council Member Chad Fuss, Gaming AGM/FC Alternate Larry Barton, CFO/FC Vice-Chair Jennifer Webster, BC Council Member Wesley Martin, Jr., Community Elder Member Members Excused: Patrick Stensloff, Purchasing Director Others Present: Henrietta Cornelius, RaLinda Ninham-Lamberies, Lisa A. Moore, Sam VanDen Heuvel, Daniel W. Skenandore Dave Cluckey, Nate Villarreal, Jason W. Doxtater, and Denise Vigue, FC recording secretary I. Call to Order: The meeting was called to order by the FC Chair at 10:04 A.M. II. Appr oval of Agenda: July 5, 2016: Motion by Jennifer Webster to approve the Finance Committee agenda for July 5, 2016. Seconded by David Jordan. Motion carried unanimously. III. Appr oval of Minutes: May 31, 2016 (approved via FC E-Poll on 6/1/16): Motion by David Jordan to ratify the FC E-Poll action of June 1, 2016 approving the Finance Committee meeting minutes of May 31, 2016. Seconded by Wesley Martin, Jr. Motion carried unanimously. IV. Tabled Busi ness: Motion by Larry Barton to remove item #1 from the table for discussion. Seconded by David Jordan. Motion carried unanimously. 1. Request: Establish a Language Revitalization Endowment Fund Susan White, Trust Director Requested follow up from the Trust Director dated 6/10/16 and the Legal Review dated 6/22/16 have been received in regards to unclaimed per capita. It would now be up to Trust and the BC to determine additional steps to set up the endowment fund. Motion by Larry Barton to accept the follow up information and to forward it to the BC for their discussion at the next BC /Trust meeting. Seconded by Wesley Martin, Jr. Motion carried unanimously. Motion by Larry Barton to remove items #2, 3, & 4 from the table for discussion. Seconded by David Jordan. Motion carried unanimously. 2. 3. 4. Laptop Purchase Michael Debraska I-Pad Pro Purchase Beverly Somers I-Pad Pro Purchase Daniel Miller Amount: $300. Amount: $300. Amount: $300. There was discussion as to the backup information received by the requestors as well as the Trust Departments response to the Disability Fund dated 6/10/16 and the Legal Opinion on the Community Fund SOP’s dated 6/21/16 regarding the application and use of the Community Fund and these types of requests. The FC will need to address these in a work session in terms of amendments to the SOP’s. Page 1 of 5 Finance Committee Meeting Minutes of July 5, 2016 Page 132 of 309 Motion by Larry Barton to direct his staff to set up a FC work meeting just prior to the next FC meeting on 7/18/16 to review the information and make changes, clarifications, and or definitions to the Community Fund SOP’s regarding these three requests as well as today’s Community Fund request #16. Seconded by Jennifer Webster. Motion carried unanimously. Motion by Larry Barton to remove item #5 from the table for discussion. Seconded by Jennifer Webster. Motion carried unanimously. 5. Treasurer Follow-Up on Tier IV Project There was a discussion with the MIS personnel present about the now suspended Tier IV Project at Gaming; at this time it will need to be redefined and to present a new proposal in FY18. It was noted that if that occurs it will first need to go through Gaming Capital Expenditures Committee prior to being resubmitted to the Finance Committee. In regards to the Tier IV Project at the Skenandoah Complex MIS is working to optimize the system utilizing Technology Set-Aside funds; staff discussed the broad degree of redundancy that is needed in regards to power sources. Motion by David Jordan to accept report from MIS as information. Seconded by Larry Barton. Motion carried unanimously. Motion by Larry Barton for MIS to proceed with the Tier IV Project work at the Skenandoah Complex from their current Purchase Order. Seconded by Jennifer Webster. Motion carried unanimously. V. Capital Expenditures: No requests submitted VI. New Business: 1. Meadowbrook 2016-17 Property Insurance Renewal Robert Keck, Risk Management Lisa Moore was representing Risk Management to discuss this insurance renewal. She noted the rate remains the same, but due to property costs slightly up it caused a slight increase in the premium. There was discussion about this vendor and the request for bids that was conducted at the time of selection; this in regards to not being sole source. Motion by Jennifer Webster to approve the 2016-17 Property Insurance Renewal with Meadowbrook in the amount of $419, 238. Seconded by David Jordan. Larry Barton abstained. Motion carried. 2. Arrow Pavement Maintenance Tim Skenandore, Gaming Facilities There was a discussion about conflict of interest with this vendor; request needs to be redone with another name, signature by the AGM-Operations; also actual cost of project that includes all vendors needs to be part of the packet and written legal review of the conflict of interest. Motion by David Jordan to approve the Arrow Pavement Maintenance contract in the amount of $100,000 pending the FC receiving the legal opinion of possible conflict of interest. Seconded by Larry Barton. Motion carried unanimously. 3. IEI General Contractors –Chg Order #1 Paul Witek, Engineering The change order is a reduction in costs and would allow final payment to be made to close out the Oneida Lake Project with this vendor. Motion by Larry Barton to approve Change Order #1 with IEI General Contractors for work on the Oneida Lake Project. Seconded by Jennifer Webster. Motion carried unanimously. Page 2 of 5 Finance Committee Meeting Minutes of July 5, 2016 Page 133 of 309 VII. Executi ve Session: Motion by David Jordan to go into Executive Session. Seconded by Wesley Martin, Jr. Motion carried unanimously. Time: 11:06 A.M. Motion by David Jordan to come out of Executive Session. Seconded by Larry Barton. Motion carried unanimously. Time: 11:11 A.M. 1. Medical Contract Henrietta Cornelius, OCHC Motion by Jennifer Webster to remove this item from the agenda as all issues have been addressed due to resignation of contracted vendor. Seconded by David Jordan. Motion carried unanimously. 2. Finance Committee Procedures Patricia King, Treasurer/FC Chair - See Tabled #2-4 Motion. VIII. 1. *Communit y Fund: Tough Mudder/Warrior Dash registration Alebra Cornelius Motion by Jennifer Webster to approve from the Community Fund the race registration fees in the amount of $238. Seconded by Larry Barton. Motion carried unanimously. 2. 5th Annual Oneida Baseball Tournament Jason Martinez, Tournament Director Motion by Wesley Martin, Jr. to approve from the Community Fund $1,000, noting receipts for all purchases are submitted. Seconded by Larry Barton. Motion carried unanimously. Motion by Larry Barton to approve Twenty-Five (25) cases of Coca-Cola Product for the 5th Annual Oneida Baseball Tournament. Seconded by David Jordan. Motion carried unanimously. 3. Amplify Lacrosse registration Jack Mehojah for son, Jack Jr Motion by David Jordan to approve from the Community Fund the Amplify Lacrosse participation registration for the son of the requestor in the amount of $139.50. Seconded by Jennifer Webster. Motion carried unanimously 4. National Gymnastics Competition registration Jerry Swift for daughter, Victoria Motion by Larry Barton to approve this request to registration in the Nation Gymnastics Competition in the amount of $300, contingent upon receiving CF required information verifying Oneida enrollment of daughter. Seconded by David Jordan. Motion carried unanimously. 5. Oneida Big Apple Fest Jeff Scofield, Apple Orchard Motion by David Jordan to approve from the Community Fund Twenty-Five (25) Cases of CocaCola product for use at the Oneida Big Apple Fest. Seconded by Jennifer Webster. Motion carried unanimously. 6. Southwest Softball Assn-participation fees Debra Cloud for daughter, Mariah Motion by David Jordan to approve from the Community Fund the Southwest Softball Association participation fees for the daughter of the requestor in the amount of $45. Seconded by Larry Barton. Motion carried unanimously. Page 3 of 5 Finance Committee Meeting Minutes of July 5, 2016 Page 134 of 309 7. Southwest Softball Assn-participation fees Sacheen Lawrence for daughter, RaeAnne Motion by David Jordan to approve from the Community Fund this and the following request for the Southwest Softball Association participation fees for the daughters of the requestor in the amount of $45 each. Seconded by Jennifer Webster. Motion carried unanimously. 8. Southwest Softball Assn-participation fees Sacheen Lawrence for daughter, M”Kenzey - See motion in CF #7. 9. Marquette University-Summer Reading Program Josefina Garcia-Mondragon for daughter, Alejandra Motion by Jennifer Webster to approve from the Community Fund the Marquette University Summer Reading Program fees for the daughter of the requestor in the amount of $261.18. Seconded by David Jordan. Motion carried unanimously. 10. Warrior Dash Registration Angelena S. Bain Motion by David Jordan to approve from the Community Fund the race registration fee in the amount of $75. Seconded by Jennifer Webster. Motion carried unanimously. 11. Bode Bootcamp-Class fees Alicia Tisch Motion by Larry Barton to approve from the Community Fund the Bode Bootcamp class fees in the amount of $300. Seconded by Jennifer Webster. Motion carried unanimously. 12. Duck Creek Pop Warner Football fees Alebra Cornelius for son, Wayne Motion by Jennifer Webster to approve from the Community Fund the Duck Creek Pop Warner football participation registration for the son of the requestor in the amount of $130. Seconded by David Jordan. Motion carried unanimously. 13. Tough Mudder/Warrior Dash Makenit Gutierrez Motion by David Jordan to approve from the Community Fund the race registration fees in the amount of $238. Seconded by Jennifer Webster. Motion carried unanimously. 14. Green Bay Elite Cheer Tina Moore for daughter, Hailey Motion by David Jordan to approve from the Community Fund the Green Bay Elite Cheer class fees for the daughter of the requestor in the amount of $300. Seconded by Jennifer Webster. Motion carried unanimously. 15. Oneida Sharp Shoo [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%3Aedf8e83a4fb93b50. Public record. Not legal advice.