Oneida Business Committee (2017)
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Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, June 13, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, June 14, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
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Agenda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/
I. CALL TO ORDER AND ROLL CALL
II. OPENING
III. ADOPT THE AGENDA
pp. 1-6
IV. OATHS OF OFFICE
A. Oneida Nation Veterans Affairs Committee – Benjamin Skenandore
pp. 7-8
B. Oneida Youth Leadership Board – Jennifer Hill-Kelley, Elijah Metoxen, Melissa Metoxen,
Margaret Ellis, Jeff House, Margaret King Francour, Richard Elm Hill
pp. 9-13
V. MINUTES
A. Approve May 24, 2017, regular meeting minutes
Sponsor:
pp. 14-28
Lisa Summers, Tribal Secretary
VI. RESOLUTIONS
A. Adopt resolution entitled Oneida Nation Seal and Flag Rules Second Extension
Sponsor:
B. Adopt resolution entitled Real Property Law Probate Rules Extension
Sponsor:
pp. 29-31
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Oneida Business Committee Regular Meeting Agenda of June 14, 2017
Page 1 of 6
pp. 32-38
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VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair:
Brandon Stevens, Councilman
1. Accept May 17, 2017, Legislative Operating Committee meeting minutes
pp. 39-42
2. Review Landlord-Tenant Rule #4 entitled Income Based Rent to Own Program,
Eligibility, Selection, and Other Requirements
pp. 43-87
B. Finance Committee
Trish King, Tribal Councilman
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Chair:
1. Approve June 5, 2017, Finance Committee meeting minutes
pp. 88-95
VIII. NEW BUSINESS
A. Approve Development Division re-organizational structure
pp. 96-110
(This item is scheduled to begin at 9:00 a.m.)
Sponsors:
Jacque Boyle, Assistant Division Director/Development-Operations; Troy Parr
Assistant Division Director/Development-Development
B. Approve Amended and Restated Per Capita Trust agreement – file # 2017-0614
Requestor:
Sponsor:
pp. 111-142
Susan White, Director/Trust Enrollment
Brandon Stevens, Councilman
C. Approve limited waiver of sovereign immunity – Public Service Commission of Wisconsin
agreement – file # 2017-0618
Requestor:
Michael Troge, Environmental Project Manager/Eco-Services Dept.
Sponsor:
Patrick Pelky, Division Director/Environmental Health & Safety
pp. 143-157
D. Post vacancy to Oneida Personnel Commission with term end date of 2/28/21
pp. 158-159
Requestor:
Sponsor:
Kathleen Metoxen, Records Technician II/BC Support Office
Lisa Summers, Tribal Secretary
E. Approve OBC SOP entitled Stipends for OBC - Elect during Transition
Sponsor:
pp. 160-165
Lisa Summers, Tribal Secretary
F. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Approved Memorandum of Understanding regarding Back Forty Mine – reference #
2017-0592
Requestor: Nathan King, Director/Intergovernmental Affairs & Communications
Oneida Business Committee Regular Meeting Agenda of June 14, 2017
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pp. 166-180
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IX. TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Councilman David Jordan – WI Republican Night – Washington
D.C. – April 25-27, 2017
pp. 181-184
2. Accept travel report – Councilman Tehassi Hill – American Indian/Alaska Native Public
Witness Hearing –Washington D.C. – May 15-17, 2017
pp. 185-189
B. TRAVEL REQUESTS
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1. Approve travel request – Up to three (3) OBC members – Midwest Alliance of Sovereign
Tribes (MAST) summer meeting – Hinkley, MN – July 13-14, 2017
Sponsor: Lisa Summers, Tribal Secretary
pp. 190-192
X. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC Support
Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to https://goo.gl/uLp2jE)
A. Accept Petitioner Edward Delgado’s request to withdraw kindergarten retention petition
Sponsor:
pp. 193-202
Fawn Billie, Councilwoman
B. Petitioner Sherrole Benton: Request to change pre-employment drug testing for marijuana
1. Accept status update as information
Sponsor:
Lisa Summers, Tribal Secretary
EXCERPT FROM MAY 24, 2017: (1) Motion by Lisa Summers to accept the financial analysis,
seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to
direct the Secretary to come back with a proposed General Tribal Council date for this item at
the next regular Business Committee meeting; and to direct the Secretary to follow-up with the
petitioner to see if there’s an alternative way for the issue to be resolved, seconded by Fawn
Billie. Motion carried unanimously.
EXCERPT FROM MAY 10, 2017: Motion by Fawn Billie to defer the financial analysis to the
May 24, 2017 regular Business Committee meeting, seconded by David Jordan. Motion carried
unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Jennifer Webster to defer the financial analysis
to May 10, 2017, regular Business Committee meeting, seconded by Fawn Billie. Motion
carried unanimously.
EXCERPT FROM APRIL 12, 2017: (1) Motion by David Jordan to accept the legal analysis,
seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to
defer the financial analysis to the April 26, 2017, regular Business Committee meeting,
seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM MARCH 22, 2017: (1) Motion by David Jordan to accept the legislative
analysis, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by Tehassi Hill to
defer the legal analysis to the April 12, 2017, regular Business Committee meeting, seconded
by Lisa Summers. Motion carried unanimously. (3) Motion by David Jordan to defer the
financial analysis to the April 12, 2017, regular Business Committee meeting, seconded by
Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MARCH 8, 2017: (1) Motion by Brandon Stevens to accept the progress
report regarding legislative analysis, seconded by Tehassi Hill. Motion carried unanimously. (2)
Motion by Jennifer Webster to accept the progress report regarding the legal analysis,
seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Jennifer Webster to accept
Oneida Business Committee Regular Meeting Agenda of June 14, 2017
Page 3 of 6
pp. 203-205
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the progress report regarding the financial analysis, seconded by Brandon Stevens. Motion
carried unanimously.
EXCERPT FROM JANUARY 11, 2017: (1) Motion by Lisa Summers to accept the verified
petition from Sherrole Benton regarding a request to change pre-employment drug testing for
marijuana use; 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; and to direct the Law, Finance, and Legislative Reference Offices to submit their
analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be
submitted in forty-five (45) days, seconded by Fawn Billie. Motion carried unanimously.
C. Approve four (4) actions regarding Petitioner Edward Delgado: Trust Land Distribution
Sponsor:
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D. Review special GTC meeting dates and determine next steps
Sponsor:
pp. 206-215
Lisa Summers, Tribal Secretary
pp. 216-217
Lisa Summers, Tribal Secretary
E. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Approved memorandum dated June 6, 2017, which requests cancelling the June 20,
2017, special GTC meeting; and direct the Tribal Secretary to combine agenda items
to a later date with the Employment law and Re-organization proposal
Requestor: Brandon Stevens, Councilman
pp. 218-228
XI. EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to change)
A. REPORTS
1. Accept Chief Counsel report – Jo Anne House, Chief Counsel
p. 229
(This item is scheduled to begin at 10:30 a.m.)
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
C. AUDIT COMMITTEE
Chair: Tehassi Hill, Councilman
1. Accept March 28, 2017, Audit Committee meeting minutes
pp. 230-233
2. Approve audit entitled Employee Advocacy Dept. Performance Assurance; and lift
confidentiality requirement to allowing Tribal Members to view the audit
pp. 234-240
3. Approve audit entitled Environmental Health & Safety Performance Assurance; and
lift confidentiality requirement to allowing Tribal Members to view the audit
pp. 241-249
4. Approve audit entitled Four Card Poker Rules of Play; and lift confidentiality
requirement to allowing Tribal Members to view the audit
pp. 250-264
5. Approve audit entitled Grants Performance Assurance; and lift confidentiality
requirement to allowing Tribal Members to view the audit
Oneida Business Committee Regular Meeting Agenda of June 14, 2017
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pp. 265-276
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6. Approve audit entitled Higher Education Performance Assurance; and lift
confidentiality requirement to allowing Tribal Members to view the audit
pp. 277-287
7. Approve audit entitled Integrated Food Systems Performance Assurance; and lift
confidentiality requirement to allowing Tribal Members to view the audit
pp. 289-299
8. Approve audit entitled Kalihwisaks Performance Assurance; and lift confidentiality
requirement to allowing Tribal Members to view the audit
pp. 300-308
9. Approve audit entitled Mini Baccarat Rules of Play; and lift confidentiality
requirement to allowing Tribal Members to view the audit
pp. 309-325
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10. Approve audit entitled Pardon & Forgiveness Screening Committee Performance
Assurance; and lift confidentiality requirement to allowing Tribal Members to view
the audit
pp. 326-335
11. Approve audit entitled Three Card Poker Rules of Play; and lift confidentiality
requirement to allowing Tribal Members to view the audit
pp. 336-348
12. Approve audit entitled reissued Ticket and Merchandise Distribution; and lift
confidentiality requirement to allowing Tribal Members to view the audit
pp. 349-364
13. Approve audit entitled Utilities Performance Assurance; and lift confidentiality
requirement to allowing Tribal Members to view the audit
pp. 365-374
14. Approve audit entitled Veterans Service Administration Performance Assurance; and
lift confidentiality requirement to allowing Tribal Members to view the audit
pp. 375-383
D. UNFINISHED BUSINESS
1. Defer update regarding complaint # 2017-DR16-01 to the June 28, 2017, regular
Business Committee meeting
Sponsors: Jennifer Webster, Councilwoman; Brandon Stevens, Councilman; Fawn
Billie/Councilwoman
EXCERPT FROM APRIL 12, 2017: Motion by Lisa Summers to accept complaint # 2017 DR1601 as having merit; and to assign Councilmembers Jennifer Webster, Brandon Stevens, and
Fawn Billie to complete the process and any follow-up, seconded by Tehassi Hill. Motion
carried unanimously.
2. Approve correspondence regarding complaint # 2017-CC-05 (Not Submitted)
Sponsor:
Jo Anne House, Chief Counsel
EXCERPT FROM MAY 24, 2017: (1) Motion by Lisa Summers to direct correspondence be
drafted from the Oneida Business Committee regarding the three (3) items identified to be
completed for the next regular Business Committee meeting for approval, seconded by Jennifer
Webster. Motion carried unanimously. (2) Motion by Lisa Summers to direct the Legislative
Operating Committee to include in the Comprehensive Policy Governing Boards, Committees,
and Commissions a requirement that all Boards, Committees, and Commissions be required
to keep standard operating procedures on file with the Secretary’s Office, seconded by Tehassi
Hill. Motion carried unanimously.
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item XIII.E.04
to be processed via E-Poll because there is a deadline to that, seconded by Brandon Stevens.
Motion carried unanimously.
Oneida Business Committee Regular Meeting Agenda of June 14, 2017
Page 5 of 6
pp. 384-387
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EXCERPT FROM APRIL 26, 2017: Motion by Tehassi Hill to forward this item to the Law Office
for a legal review of all applicable documents and policies to be brought back at the next
Business Committee meeting or as soon as possible, seconded by Fawn Billie. Motion carried
unanimously.
3. Approve Development Division re-organizational structure
pp. 388-402
(This item is scheduled to begin at 8:30 a.m.)
Sponsors: Jacque Boyle, Assistant Division Director/Development-Operations; Troy Parr
Assistant Division Director/Development-Development
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EXCERPT FRO MAY 24, 2017: (1) Motion by David Jordan to defer the request to the next
regular Business Committee meeting; and that Councilman Tehassi Hill and Vice-Chairwoman
Melinda J. Danforth will follow-up with the Assistant Directors on the noted changes, seconded
by Fawn Billie. Motion carried unanimously. (2) Motion by Jennifer Webster to require a
presentation be done as information at the next regular Business Committee meeting,
seconded by Lisa Summers. Motion carried unanimously.
E. NEW BUSINESS
1. Review complaint # 2017-DR06-09 (This item is scheduled to begin at 10:00 a.m.)
Sponsor:
pp. 403-448
Lisa Summers Tribal Secretary
2. Review request regarding Native American Hiring Provision (NAHP) and Tribal Equal
Rights Office (TERO)/Indian Preference (IP)
Sponsor: David Jordan, Councilman (This item is scheduled to begin at 1:30 p.m.)
3. Approve Husch Blackwell LLP. attorney contract – file # 2017-0683
pp. 449-469
pp. 470-495
Chair:
Yvonne Jourdan, Oneida Personnel Commission
Liaison Alt: David Jordan, Councilman (This item is scheduled to begin at 2:00 p.m.)
4. Approve one (1) enrollment relinquishment
Sponsor:
pp. 496-489
Brandon Stevens, Councilman
5. Approve Cooperative Governance Agreement between Oneida Nation and Town of
Oneida as amended – file # 2017-0679
Sponsor: Lisa Summers, Tribal Secretary
6. Adopt resolution entitled Regarding Pardon of Tabitha Hill
Sponsor:
pp. 521-523
Lisa Summers, Tribal Secretary
7. Adopt resolution entitled Regarding Pardon of Jennifer Wilson
Sponsor:
pp. 499-520
pp. 524-526
Lisa Summers, Tribal Secretary
XII. ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 1:10 p.m., Friday, June 9, 2017, 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 June 14, 2017
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Open Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
06 / 14 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
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Accept as Information only
Action - please describe:
Administer Oath of Office to Benjamin Skenandore to the Oneida Nation Veterans Affairs Committee.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Kathleen M. Metoxen, Records Tech II
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The posting was in the March 2, 2017 issue of the Kalihwisaks for (2) of vacancies on the Oneida Nation Veterans
Affairs Committee for a 3 year term with the deadline of April 3, 2017. There were (6) applicants for the (2)
vacancies on the Oneida Nation Veterans Affairs Committee. The appointment was made on the May 10, 2017
BC Agenda.
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1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
6
I 14 I 17
2. General Information:
Session:
[g) Open D Executive- See instructions for the applicable laws, then choose one:
AgendaHeader:
[~o_a_th_s_o_f_O_ff_ic_e____________________________________________________~
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D Accept as Information only
[g) Action - please describe:
The newly selected Oneida Youth Leadership Institute (OYLI) will take their Oaths of Office.
3. Supporting Materials
D Report
D Resolution
D Contract
[g) Other:
1.1'L-is-t-of_n_e_w__B-oa_r_d_M_e_m--be_r_s- - - - - - - - - - - - - , 3.'------------------------------------'
2.
4.
D Business Committee signature required
4. Budget Information
D Budgeted -Tribal Contribution
D Budgeted -Grant Funded
D Unbudgeted
5. Submission
Authorized Sponsor/Liaison:
~~L_is_a_S_um__m_e_rs_,_T_ri_ba_I~S_e_cr_e_ta_r~y--------------------------------~
Primary Requestor/Submitter:
Cheryl Stevens, Grants Director/OYLI Executive Manager
Your Name, Title I Dept. or Tribal Member
Additional Requestor:
Joanie Buckley, ISDD
Name, Title I Dept.
Additional Requestor:
Name, Title I Dept.
Page 1 of 2
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
By the authority of the Oneida Nation, the Board was established by the Oneida Youth Leadership Institute's
(OYLI) Charter, which was adopted by Oneida Business Committee resolution #09-14-16-B.
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(b) The purpose of the Oneida Youth Leadership Institute Board is to:
(1) receive tax-deductible contributions eligible under Internal Revenue Code Section 170 and 7871 (a);
(2) approve and administer the Oneida Youth Leadership Institute's disbursements;
(3) promote nonprofit activities including, but not limited to, fundraising, education, training, meetings,
workshops, publications and other relevant activities of the Oneida Youth Leadership Institute Board; and
(4) provide regular reporting to the Oneida Business Committee and General Tribal Council.
The official name ofthis board is the Oneida Youth Leadership Institute Board. They will need to be sworn in at
the June 14, 2017 OBC meeting by taking their Oaths of Office.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
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Oneida Youth Leadership Board Members June 2017
Name
Jennifer Hill‐
Kelley
Jeff House
Degree
Master of Science ‐
Environmental Science
and Policy
Masters of Arts –
Organizational
Management
Masters of Science –
Educational Leadership
and Policy Analysis
Masters of Liberal Arts –
Global Indigenous Nations
Studies/Environmental
Studies
BA Journalism
Margaret
King Francour
BS Integrative Leadership
Studies
Richard Elm
Hill
BS Business
Administration
Elijah
Metoxen
Melissa
Metoxen
Margaret Ellis
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Term
June 2017
‐ June
2018
June 2017
‐ June
2018
June 2017
‐ June
2018
June 2017
‐ June
2019
June 2017
‐ June
2019
June 2017
‐ June
2019
June 2017
‐ June
2019
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DRAFT
C. Quality of Life Committee
Chair: Fawn Billie, Councilwoman
1. Accept March 9, 2017, Quality of Life Committee meeting minutes (1 :44:42)
Motion by Trish King to accept the March 9, 2017, Quality of Life Committee meeting minutes, seconded
by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
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Motion by Lisa Summers to take a five (5) minute recess at 10:30 a.m., seconded by David Jordan.
Motion carried unanimously: (1 :55:15)
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
Meeting called to order by Chairwoman Tina Danforth at 10:34 a.m.
Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, and Councilwoman Jennifer Webster not
present.
VIII.
APPOINTMENTS
A. Approve recommendation to appoint Carol Silva and Benjamin Skenandore to Oneida
Nation Veterans Affairs Committee (1 :55:40)
Sponsor:
Tina Danforth, Tribal Chairwoman
EXCERPT FROM APRIL 26, 2017: Motion by Brandon Stevens to defer the recommendations to
the Oneida Nation Veterans Affairs Committee back to the Tribal Chair's office to confirm her
recommendations, seconded by Tehassi Hill. Motion carried unanimously.
Motion by Lisa Summers to approve the recommendation to appoint Carol Silva and Benjamin
Skenandore to Oneida Nation Veterans Affairs Committee, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers
Melinda J. Danforth, Trish King, Jennifer Webster
Not Present:
Treasurer Trish King arrives at 10:36 a.m.
B. Approve up to seven (7) appointments to Oneida Youth Leadership Institute (OYLI) Board
Sponsor:
Jeanie Buckley, Division Director/Internal Services (1 :56:20)
Motion by Lisa Summers to approve the appointments of Jennifer Hill-Kelly, Elijah Metoxen, Melissa
Metoxen, Margaret Ellis, Jeff House, Margaret King Francour, and Richard Elm-Hill to the Oneida Youth
Leadership Institute (OYLI) Board, noting the first three (3) will have one (1) year terms and the remaining
four (4) will have two (2) year terms, seconded by Fawn Billie. Motion carried with two abstentions:
Ayes:
Fawn Billie, David Jordan, Trish King, Lisa Summers
Abstained:
Tehassi Hill, Brandon Stevens
Melinda J. Danforth, Jennifer Webster
Not Present:
For the record:
Chairwoman Tina Danforth stated I feel that it's always necessary to be
diligent in preventing any conflict of. interest especially regarding financial
matters of the tribe and that it should be duly noted.
Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017
Page 5 of 16
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DRAFT
For the record:
IX.
Secretary Lisa Summers stated the conversation around the conflict of
interest, the questions were asked and answered appropriately so that
there's clarity around what the process is going to be moving forward.
NEW BUSINESS
A. Approve three (3) requests regarding CIP project# 07-002 Social Services Building
Remodel (2:21 :39)
Sponsor:
Troy Parr, Assistant Division Director/Development-Development
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Motion by Lisa Summers to approve the CIP project# 07-002 Social Services Building Remodel- Phase
V; and to approve activation of the funding, seconded by David Jordan. Motion withdrawn.
Motion by Lisa Summers to approve the procedural except to forgo Phase II of the CIP process of routing
the CIP Package to various reviewing entities, seconded by Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
Motion by Lisa Summers to approve the Cl P Concept Paper for project# 07-002 Social Services Building
Remodel- Phase V; and to approve activation of the approved FY 2017 CIP budget for CIP # 07-002
Social Services Building Remodel- Phase V, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
B. Approve two (2) requests regarding CIP project# 16-005 Casinos Exterior Enhancements
Sponsor:
Louise Cornelius, Gaming General Manager (2:30:54)
Motion by Lisa Summers to approve the activation of Cl P project # 16-005 Casinos Exterior
Enhancements; and to approve the activation of the $500,000 from the approved FY 2017 CIP budget for
CIP # 16-005 Casinos Exterior Enhancements, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
C. Re-post vacancy to Oneida Nation Arts Board (2:34:27)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Fawn Billie to re-past the vacancy to the Oneida Nation Arts Board, seconded by David Jordan.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
Secretary Lisa Summers departs at 11:13 a.m.
Councilman Brandon Stevens departs at 11:17 a.m.
Secretary Lisa Summers returns at 11:18 a.m.
Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017
Page 6 of 16
Open Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
05 / 10 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
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Accept as Information only
Action - please describe:
Approve May 24, 2017, regular meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. May 24, 2017, regular meeting minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
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DRAFT
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, May 23, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, May 24, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
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Minutes – DRAFT
EXECUTIVE SESSION
Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Secretary Lisa Summers, Council
members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster;
Not Present: Chairwoman Tina Danforth at 8:36 a.m.;
Arrived at: ;
Others present: James Bittorf, Louise Cornelius, Chad Fuss, Geraldine Danforth, Lorna Skenandore,
Larry Barton, Fawn Teller, Tracey Williams, Margaret Ellis, Moon Hill, Jolene Hensberger, Tina Torrez,
Nathan King, Janice Hirth, Josh Doxtator, Tammy Skenandore, Phil Wisneski, Troy Parr, Jacque Boyle,
Kevin Rentmeester, Kelly McAndrews;
REGULAR MEETING
Present: Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers, Council members: Fawn Billie,
David Jordan, Brandon Stevens, Jennifer Webster;
Not Present: Chairwoman Tina Danforth, Treasurer Trish King;
Arrived at: Councilman Tehassi Hill at 1:30 p.m.;
Others present: Brad Graham, Bill Graham, Mike Debraska, Nancy Barton, Jessica Wallenfang, Kelly
McAndrews, Susan House, June Wommack, Joan Christnot, Tina Torrez, Phil Duffy, Kevin Shoenebeck,
Heather Lee, Dominique Danforth, Tammy Skenandore, Don Skenandore, Jen Falck, Robert Collins I,
Larry Barton, Carol Silva, Bonnie Pigman, Cathy Metoxen, Krystal John, Frank Vandehei, Mark A.
Powless Sr., Dale Wheelock, Danelle Wilson, Jennifer Jordan, Nathan Ness, Joel Maxam, Ronald King
Jr, Barb Erickson, Jamie Betters, Geraldine Danforth, 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 away on approved travel attending Great
Lakes Restoration Initiative (GLRI) tribal forum in Ashland, WI. Treasurer
Trish King is out of the office on vacation time. Councilman Tehassi Hill
is attending a Faithkeepers meeting until 12:00 p.m. Councilwoman
Jennifer Webster is excused from 11:00 a.m. until 1:30 p.m. to attend the
presentation by the State Historical Society.
II. OPENING
A. Special Recognition – June Wommack – Retirement from Oneida Nation with over 25 years
of service
Requestors:
Sponsor:
Joan Christnot, Director/Head Start; Tina Torrez, Education Manager/Head Start
Jennifer Webster, Councilwoman
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Special recognition by Tina Torrez, Joan Christnot, and Councilwoman Jennifer Webster of June
Wommack for her retirement with over 25 years of service as a head start employee.
B. Special Recognition – Kevin Shoenebeck – Promotion to “Kyoshi” in the art of Danzan
Ryu Kodenkan Ju Jitsu
Requestors:
Ryan Waterstreet, Assistant Director/Oneida Family Fitness Center; Susan
House, Area Manager/Parks & Recreation
Sponsor:
George Skenandore, Division Director/Governmental Services
Special recognition by Susan House, Fitness Center staff, and students of Kevin Shoenebeck for his
promotion to Kyoshi in the art of Danzan Ryu Kodenkan Ju Jitsu.
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III. ADOPT THE AGENDA (00:10:48)
Motion by Lisa Summers to adopt the agenda with the following change: [Combine Executive Session –
Unfinished Business item XI.E.04 with item XI.A.03.a. due to them being similar in nature; and delete
Executive Session – New Business item XI.F.05.], seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
IV. OATHS OF OFFICE (00:12:39) administered by Secretary Lisa Summers
A. Oneida Public Safety Pension Board – Nathan Ness, Joel Maxam, Ronald King Jr., and Jack
Mehojah (Not present)
B. Oneida Nation Veterans Affairs Committee – Carol Silva and Benjamin Skenandore (Not
present)
V. MINUTES (00:15:33)
A. Approve May 10, 2017, regular meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to approve the May 10, 2017, regular meeting minutes, noting that Secretary Lisa
Summers was absent for executive session items due to attending state tribal consultation meetings,
seconded by Lisa Summers. Motion carried with one abstention:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers
Abstained:
Jennifer Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
VI. RESOLUTIONS (00:16:24)
A. Adopt resolution entitled Legal Resource Center Emergency Adoption
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Lisa Summers to adopt resolution # 05-24-17-A Legal Resource Center Emergency Law,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
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Not Present:
Tina Danforth, Tehassi Hill, Trish King
VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair: Brandon Stevens, Councilman
1. Accept May 3, 2017, Legislative Operating Committee meeting minutes (00:26:36)
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Motion by Jennifer Webster to accept the May 3, 2017, Legislative Operating Committee meeting
minutes, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
2. Approve Per Capita Rule No. 1: Distribution Rule Certification; and Hunting, Fishing, &
Trapping Rule Handbook Certification (00:27:01)
Motion by Lisa Summers to approve the Per Capita Rule No. 1: Distribution Rule Certification, seconded
by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
Motion by Lisa Summers to approve the Hunting, Fishing, and Trapping Rule Handbook Certification,
seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
B. Finance Committee
Chair: Trish King, Tribal Treasurer
1. Approve May 16, 2017, Finance Committee meeting minutes (00:40:54)
Motion by David Jordan to approve the May 16, 2017 Finance Committee meeting minutes, seconded by
Jennifer Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Tina Danforth, Tehassi Hill, Trish King
C. Quality of Life Committee
Chair: Fawn Billie, Councilwoman
1. Accept April 20, 2017, Quality of Life Committee meeting minutes (00:41:18)
Motion by David Jordan to accept the April 20, 2017, Quality of Life Committee meeting minutes,
seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
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VIII. NEW BUSINESS (Please Note: Scheduled times are approximate and subject to change)
A. Approve three (3) requests regarding doctoral dissertation – Jennifer J. Jordan, Ph.D.,
CHES, HHS – “Communicating Periodontal Disease Risk to American Indian Patients with
Diabetes”
Sponsor:
Jo Anne House, Chief Counsel
Motion by Lisa Summers to accept the presentation as information; to forward the presentation and
contact information to Dr. Vir and Debra Danforth at the Oneida Community Health Center for their
information; and to grant Dr. Jordan permission to publish the results of this study, seconded by Jennifer
Webster. Motion withdrawn, noting that this item has a scheduled time of 10:00 a.m. (00:41:48)
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Fawn Billie departs at 9:59 a.m.
Fawn Billie returns at 10:01 a.m.
Motion by Lisa Summers to accept the presentation as information; to forward the presentation and
contact information to Dr. Vir and Debra Danforth at the Oneida Community Health Center for their
information; and to grant Dr. Jordan permission to publish the results of this study, seconded by Jennifer
Webster. Motion carried with one abstention: (1:23:29)
Ayes:
Fawn Billie, Brandon Stevens, Lisa Summers, Jennifer Webster
Abstained:
David Jordan
Not Present:
Tina Danforth, Tehassi Hill, Trish King
For the record:
Councilman David Jordan stated I abstain because Jennifer is my niece.
B. Approve EZ-Baccarat Rules of Play (00:42:57)
Chair:
Liaison:
Mark A. Powless Sr., Oneida Gaming Commission
Brandon Stevens, Councilman
Motion by Fawn Billie to approve the EZ-Baccarat Rules of Play, seconded by David Jordan. Motion
carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
Motion by Lisa Summers to request these be reviewed by the Oneida Gaming Commission and brought
back in one (1) year to the Business Committee as an update, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
C. Approve limited waiver of sovereign immunity – WI. Dept. of Veterans Affairs – Access and
Data Sharing agreement – contract # 2017-0464 (00:44:59)
Requestor:
Kerry R. Metoxen, Manager/Oneida Nation Veterans Dept.
Liaison:
Jennifer Webster, Councilwoman
Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – WI. Dept. of Veterans
Affairs – Access and Data Sharing agreement – contract # 2017-0464, seconded by Lisa Summers.
Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
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D. Approve request for status update regarding community concern # 2016-CC-21 –
Tysunhehkwa operations (00:46:06)
Requestor:
Nancy Barton
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to accept the request as information, seconded by Jennifer Webster. Motion
carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
E. Review community concern # 2017-CC-08 – Tribal phone company (1:09:28)
Brad Graham
Tina Danforth, Tribal Chairwoman
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Requestor:
Sponsor:
Motion by Lisa Summers to accept community concern # 2017-CC-08; and to request Chairwoman Tina
Danforth to complete the follow-up regarding this issue, seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
IX. TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Secretary Lisa Summers, Councilman Tehassi Hill, and
Councilwoman Jennifer Webster – OTIE Welcome and Orientation – Milwaukee, WI –
April 20-21, 2017 (1:14:22)
Motion by Fawn Billie to accept the travel report – Secretary Lisa Summers, Councilman Tehassi Hill, and
Councilwoman Jennifer Webster – OTIE Welcome and Orientation – Milwaukee, WI – April 20-21, 2017,
seconded by David Jordan. Motion carried with two abstentions:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens
Abstained:
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
B. TRAVEL REQUESTS
1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
a. Approved travel request – Councilman Tehassi Hill – American Indian/Alaska
Native Public Witness Hearing – Washington D.C. – May 15-17, 2017 (1:14:56)
Requestor:
Tehassi Hill, Councilman
Motion by David Jordan to enter the E-Poll results into the record for the approved travel request –
Councilman Tehassi Hill – American Indian/Alaska Native Public Witness Hearing – Washington D.C. –
May 15-17, 2017, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
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b. Approved travel request – Chairwoman Tina Danforth – Great Lakes Restoration
Initiative (GLRI) tribal forum – Ashland, WI – May 23-24, 2017 (1:15:36)
Requestor:
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to enter the E-Poll results into the record for the approved travel request –
Chairwoman Tina Danforth – Great Lakes Restoration Initiative (GLRI) tribal forum – Ashland, WI – May
23-24, 2017, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
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X. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC
Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to
https://goo.gl/uLp2jE)
A. Petitioner Sherrole Benton: Request to change pre-employment drug testing for marijuana
1. Accept financial analysis (1:16:05)
Sponsor:
Larry Barton, Chief Financial Officer
Motion by Lisa Summers to accept the financial analysis, seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
Motion by Lisa Summers to direct the Secretary to come back with a proposed General Tribal Council
date for this item at the next regular Business Committee meeting; and to direct the Secretary to follow-up
with the petitioner to see if there’s an alternative way for the issue to be resolved, seconded by Fawn
Billie. Motion carried unanimously:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
EXCERPT FROM MAY 10, 2017: Motion by Fawn Billie to defer the financial analysis to the
May 24, 2017 regular Business Committee meeting, seconded by David Jordan. Motion
carried unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Jennifer Webster to defer the financial analysis
to May 10, 2017, regular Business Committee meeting, seconded by Fawn Billie. Motion
carried unanimously.
EXCERPT FROM APRIL 12, 2017: (1) Motion by David Jordan to accept the legal analysis,
seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to
defer the financial analysis to the April 26, 2017, regular Business Committee meeting,
seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM MARCH 22, 2017: (1) Motion by David Jordan to accept the legislative
analysis, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by Tehassi Hill to
defer the legal analysis to the April 12, 2017, regular Business Committee meeting, seconded
by Lisa Summers. Motion carried unanimously. (3) Motion by David Jordan to defer the
financial analysis to the April 12, 2017, regular Business Committee meeting, seconded by
Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MARCH 8, 2017: (1) Motion by Brandon Stevens to accept the progress
report regarding legislative analysis, seconded by Tehassi Hill. Motion carried unanimously.
(2) Motion by Jennifer Webster to accept the progress report regarding the legal analysis,
seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Jennifer Webster to
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accept the progress report regarding the financial analysis, seconded by Brandon Stevens.
Motion carried unanimously.
EXCERPT FROM JANUARY 11, 2017: (1) Motion by Lisa Summers to accept the verified
petition from Sherrole Benton regarding a request to change pre-employment drug testing for
marijuana use; 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; and to direct the Law, Finance, and Legislative Reference Offices to submit their
analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be
submitted in forty-five (45) days, seconded by Fawn Billie. Motion carried unanimously.
XI. EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to change)
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Motion by Lisa Summers to go into executive session at 10:30 a.m., seconded by Fawn Billie. Motion
carried unanimously: (1:44:33)
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Tehassi Hill, Trish King
Executive session recessed at 11:57 p.m. and resumed at 1:30 p.m. with Chairwoman Tina Danforth,
Treasurer Trish King, and Councilman Brandon Stevens not present.
Motion by David Jordan to come out of executive session at 3:45 p.m., seconded by Fawn Billie. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
A. REPORTS
1. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manger
(1:45:48)
Motion by David Jordan to accept the Gaming General Manager report for May 23, 2017, 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
a. Gaming Strategy for FY 2018 budget (1:46:11)
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the
agenda to the May 24, 2017, regular Business Committee meeting with the exception of
item XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded
by Brandon Stevens. Motion carried unanimously.
Motion by Lisa Summers to accept the Gaming request for the employment reinvestment strategy for
Fiscal Year 2018 to include items 1, 2, and 3 with the agreed upon modifications, noting a final
adjustment may be needed as the budget process for the 2018 proceeds, 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
Motion by Fawn Billie for the Human Resources Department to bring back an employee incentive
proposal for the non-gaming entities for inclusion in the Fiscal Year 2018 budget, seconded by Lisa
Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
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2. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
(1:47:03)
Motion by Jennifer Webster to accept the Intergovernmental Affairs & Communications report for May 23,
2017, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
3. Accept Chief Counsel report – Jo Anne House, Chief Counsel (1:47:19)
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Motion by David Jordan to accept the Chief Counsel report for May 23, 2017, seconded by Fawn Billie.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to defer the audit question back to the Audit Committee; and to request the
Audit Committee bring back a recommendation regarding the Judiciary question when ready, seconded
by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by David Jordan to approve the 2nd amendment – Attorney Patricia Garvey – contract # 20110313, seconded by Jennifer Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, David Jordan, Lisa Summers, Jennifer Webster
Abstained:
Tehassi Hill
Not Present:
Tina Danforth, Trish King, Brandon Stevens
a. Review legal opinion regarding complaint # 2017-CC-05 and determine next steps
(1:48:20)
Motion by Lisa Summers to direct correspondence be drafted from the Oneida Business Committee
regarding the three (3) items identified to be completed for the next regular Business Committee meeting
for approval, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to direct the Legislative Operating Committee to include in the Comprehensive
Policy Governing Boards, Committees, and Commissions a requirement that all Boards, Committees, and
Commissions be required to keep standard operating procedures on file with the Secretary’s Office,
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
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise – Ladies Professional Golf Association (1:49:17)
Sponsor:
Trish King, Tribal Treasurer
Motion by Fawn Billie to accept the Oneida Golf Enterprise – Ladies Professional Golf Association report
for May 23, 2017, 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
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Motion by Jennifer Webster to accept the event schedule presented including two (2) adjustments, and
note the Secretary’s Office will send out the appointments with the activities and times for each one of the
days, noting the full Business Committee will participate in the welcome message, seconded by Lisa
Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
C. AUDIT COMMITTEE (No Requested Action)
D. TABLED BUSINESS
1. Approve recommendation regarding Oneida Trust Enrollment memorandum dated
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April 25, 2017 (1:50:10)
Sponsor: Jo Anne House, Chief Counsel
EXCERPT FROM MAY 10, 2017: (1) Motion by Trish King to accept the Oneida Trust
Enrollment Committee decision from their memorandum dated April 25, 2017, as information;
to support recommendation #1 regarding the funding source identified in the decision on
enrollment; and to authorize the use of income from the Language Revitalization Fund for the
purpose of making the Minors Trust Account referred to in the decision on enrollment whole,
seconded by Tehassi Hill. Motion not voted on; item tabled. (2) Motion by David Jordan to
table this item until the next meeting and make sure we have Trust Enrollment Committee
representation when we untable it. Motion failed due to lack of support. (3) Motion by Fawn
Billie to table this item for two (2) weeks, seconded by David Jordan. Motion carried with two
opposed.
Motion by Lisa Summers to take this item from the table, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to accept the Oneida Trust Enrollment Committee decision on enrollment dated
April 25, 2017, as information, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to request the Trust Enrollment Committee to budget payment for Fiscal Year
2018 in accordance with the per capita budgeting process, adjust for the interest, and to confirm with the
Business Committee when the process is completed, noting this will be communicated to the Trust
Enrollment Committee via Councilman Brandon Stevens, 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
E. UNFINISHED BUSINESS
1. Accept status update regarding wage adjustment procedures; and direct sub-team to
bring draft policy to June 28, 2017, regular Business Committee meeting (1:51:40)
Sponsors: Melinda J. Danforth, Tribal Vice-Chairwoman; Lisa Summers, Tribal Secretary;
Trish King, Tribal Treasurer; Geraldine Danforth, Area Manager/Human
Resources
Motion by Jennifer Webster to accept the status update regarding wage adjustment procedures; and to
direct the sub-team to bring draft policy to June 28, 2017, regular Business Committee meeting,
seconded by David Jordan. Motion carried unanimously:
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Ayes:
Not Present:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Tina Danforth, Trish King, Brandon Stevens
EXCERPT FROM APRIL 12, 2017: (1) Motion by Lisa Summers to assign the Human
Resources Area Manager and a Oneida Business Committee sub-team consisting of the
Offices of Secretary Lisa Summers, Vice-Chairwoman Melinda J. Danforth, and Treasurer
Trish King to work together to bring forward a revised policy which achieves preservation of
managerial decision-making and checks-and-balances relating to budget requirements for
any type of wage adjustment, raises, bonuses, etc., seconded by Jennifer Webster. Motion
carried unanimously. (2) Motion by Lisa Summers for the Oneida Business Committee subteam and Human Resources to bring back a status update to the May 24, 2017, regular
Business Committee meeting agenda in executive session, seconded by Jennifer Webster.
Motion carried unanimously.
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2. Review Language House proposal and determine next steps (1:52:25)
Sponsors: Tehassi Hill, Councilman; Jennifer Webster, Councilwoman; Brandon Stevens,
Councilman
Motion by Lisa Summers to accept the update on the Language Department move; to continue to support
the initiative; and to bring back any necessary follow-ups through the team to complete the transition to
coincide with Fiscal Year 2018, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to direct the Business Committee’s language sub-team and the Governmental
Services Division Director to ensure that the language revitalization funds are allocated in accordance
with the resolution so the dollars follow the language program, seconded by David Jordan. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
EXCERPT FROM MARCH 22, 2017: Motion by Lisa Summers to approve the concept to
move forward; to assign the team members of Councilmembers Tehassi Hill, Jennifer
Webster, and Brandon Stevens to complete the follow-up; and that the final proposal be
brought back for final approval at the May 10, 2017, regular Business Committee meeting,
seconded by Trish King. Motion carried unanimously.
3. Approve final report regarding Tsyunhehkwa (1:53:20)
Sponsor:
Joanie Buckley, Division Director/Internal Services
Motion by Jennifer Webster to support model c in concept; and to direct the Internal Services Division
Director to come back with a communications plan, a marketing plan, and a cost analysis for final
approval by the Business Committee before moving forward, noting Business Committee members Lisa
Summers, Jennifer Webster, Brandon Stevens, Tehassi Hill, and Fawn Billie will assist in the
communication component, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to request the Internal Services Division Director to post the Tsyunhehkwa
Manager position as soon as possible; and that Business Committee members Jennifer Webster, David
Jordan, Tehassi Hill, and Melinda J. Danforth act as area managers for the interview process, seconded
by Fawn Billie. Motion carried unanimously:
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Ayes:
Not Present:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Tina Danforth, Trish King, Brandon Stevens
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EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Fawn Billie to defer the final recommendations
regarding Tsyunhehkwa to the May 10, 2017, regular Business Committee meeting,
seconded by Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MARCH 22, 2017: Motion by Tehassi Hill to accept the Tsyunhehkwa
report; and to request the Internal Services Division Director to bring back final
recommendations for the April 26, 2017, regular Business Committee meeting, seconded by
Brandon Stevens. Motion carried unanimously.
4. Defer applicable documents and policies from Law Office regarding community
concern # 2017-CC-05 to May 24, 2017, regular Business Committee meeting
Sponsor: Jo Anne House, Chief Counsel
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Tehassi Hill to forward this item to the Law
Office for a legal review of all applicable documents and policies to be brought back at the
next Business Committee meeting or as soon as possible, seconded by Fawn Billie. Motion
carried unanimously.
Item combined with item XI.A.03.a. at the adoption of the agenda due to similar nature.
5. Review applications and appoint appropriate applicants to Oneida ESC Group LLC.
Board of Managers (1:54:26)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to appoint John Breuninger to the Oneida ESC Group LLC. Board of Managers
with a term length of one (1) year, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to appoint Jacqueline Zalim to the Oneida ESC Group LLC. Board of Managers
with a term length of two (2) years, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Lisa Summers to appoint Leslie Wheelock to the Oneida ESC Group LLC. Board of Managers
with a term length of three (3) years, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Fawn Billie to defer this item to the next
Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously.
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6. Direct Housing Authority Executive Director to provide update on process to exceed
FY 2016 IHP acquisition/rehabilitation limit (1:55:32)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to proceed with the exception to the 2016 Indian Housing Plan limit; and to
request the Housing Authority Executive Director to work with the Division of Land Management to
complete the process, seconded by Jennifer Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, David Jordan, Lisa Summers, Jennifer Webster
Abstained:
Tehassi Hill
Not Present:
Tina Danforth, Trish King, Brandon Stevens
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EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Tehassi Hill to defer this item to the May 10,
2017, Business Committee meeting, seconded by Fawn Billie. Motion carried with one
abstention.
7. Approve reorganization proposal and consolidation plan (1:56:09)
Sponsor:
Joanie Buckley, Division Director/Internal Services
Motion by Jennifer Webster to approve the reorganization proposal and consolidation plan in concept;
and to direct the Division Director to work with Finance and Human Resources Department to formulate a
comprehensive plan including, but not limited to, strategic plan, transition plan, cost analysis, and
communication plan, seconded by Fawn Billie. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Tina Danforth, Trish King, Brandon Stevens
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
8. Review community concern # 2017-CC-07 (1:57:01)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to accept community concern # 2017-CC-07 as information; and to direct
Councilman Brandon Stevens, liaison to the Oneida Gaming Commission, to set a meeting in the next
two (2) weeks with the Business Committee and Oneida Gaming Commission, seconded by Tehassi Hill.
Motion carried with two abstentions:
Ayes:
Tehassi Hill, Lisa Summers, Jennifer Webster
Abstained:
Fawn Billie, David Jordan
Not Present:
Tina Danforth, Trish King, Brandon Stevens
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
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9. Review complaint # 2017-DR08-05 (1:57:37)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by David Jordan to accept complaint # 2017-DR08-05 as having merit; and to assign
Councilmembers Tehassi Hill, Fawn Billie, and Jennifer Webster to the complaint, seconded by Jennifer
Webster. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Trish King, Brandon Stevens
For the record:
Vice-Chairwoman Melinda J. Danforth stated I have recused myself from
this matter as well as David.
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EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item
XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
F. NEW BUSINESS
1. Approve limited waiver of sovereign immunity – Wonderlic Inc. – contract # 2017-0155
Sponsor:
Ravinder Vir, Medical Director/Comprehensive Health (1:58:20)
Motion by David Jordan to approve the limited waiver of sovereign immunity – Wonderlic Inc. – contract #
2017-0155, 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
2. Approve Development Division re-organizational structure (1:58:50)
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by David Jordan to defer the request to the next regular Business Committee meeting; and that
Councilman Tehassi Hill and Vice-Chairwoman Melinda J. Danforth will follow-up with the Assistant
Directors on the noted changes, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Jennifer Webster to require a presentation be done as information at the next regular Business
Committee meeting, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
3. Determine next steps regarding additional duties compensation for Direct Report – 01
Sponsor:
Fawn Billie, Councilwoman (1:49:34)
Motion by Lisa Summers to delete this item from the agenda, as this item has been completed, seconded
by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
4. Approve three (3) actions regarding Judge of the Court of Appeals resignation
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman (1:59:50)
Motion by Fawn Billie to accept the resignation of Jennifer Hill-Kelley, Judge of the Court of Appeals,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
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Not Present:
Tina Danforth, Trish King, Brandon Stevens
Motion by Jennifer Webster to declare the Office of the Judge of Court of Appeals as vacant in
accordance with section 801.11-8 of the Judiciary Law; and to request the Election Board liaisons to
provide the proper notice and communication regarding the vacancy to the Election Board, seconded by
Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
5. Review OBC liaison concerns regarding Oneida Total Integrated Enterprises LLC.
Sponsor:
Jennifer Webster, Councilwoman
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Item deleted at the adoption of the agenda.
6. Enter E-Poll results in to the record in accordance with OBC SOP Conducting
Electronic Voting: (2:00:48)
Sponsor: Lisa Summers, Tribal Secretary
a. Failed request to reconsider the changed offer and continue with due diligence
with 3rd party review, per the 4/26/17 OBC action regarding Aimbridge proposal
Requestor:
Trish King, Tribal Treasurer
Motion by Jennifer Webster to enter the E-Poll results into the record for the failed request to reconsider
the changed offer and continue with due diligence with 3rd party review per the 4/26/17 OBC action
regarding the Aimbridge proposal, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
For the record:
Secretary Lisa Summers stated I already have a for the record comment
as part of the E-Poll itself, but I wanted to clarify because the wording is
a little bit strange on this request. The request was for us to consider
moving forward and there were some changes to the proposal and that’s
what we were considering was to move forward even though there was
changes and we decided to not proceed because of those changes. And
it’s worded strange because it’s like to reconsider the changed offer and
we’re not actually reconsidering the changes, we’re considering the
changes and making a decision based on that. So I just wanted to make
sure that was clarified.
XII. ADJOURN
Motion by Fawn Billie to adjourn at 4:03 p.m., seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017
Page 14 of 14
Open Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
6
/ 14 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
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Accept as Information only
Action - please describe:
Consider the Resolution: Oneida Nation Seal & Flag Rules Second Extension for consideration.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 30 of 228
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # ____________
Oneida Nation Seal and Flag Rules Second Extension
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 the Oneida Nation Seal and Flag (Law)
pursuant to resolution BC-01-11-17-C with an effective date of 60 days from the date of
adoption, March 12, 2017; and
WHEREAS,
the Law delegates rulemaking authority to the Oneida Nation Secretary to create rules to
govern the placement, maintenance, and authorized use of the official Oneida
Nation Seal, and
WHEREAS,
the Law’s adopting resolution required that such rules related to disposition of personal
property be created and adopted no later than the Law’s effective date; and
WHEREAS,
the Law, in section 116.4-2 and 116.4-3, provides minimum requirements for the use of
the Oneida Nation Seal on specific official government documents; and
WHEREAS,
the rules would solely govern any further requirements for placement,
maintenance, and authorized use of the Oneida Nation Seal determined necessary by
the Oneida Nation Secretary; and
WHEREAS,
the rules to govern the placement, maintenance, and authorized use of the official
Oneida Nation Seal were not ready for the March 12, 2017, effective date of the Law; and
WHEREAS,
the Oneida Business Committee adopted resolution 03-08-17-C which provided a 90-day
extension to create and make effective such rules; and
WHEREAS,
the Oneida Nation Secretary needs additional time to ensure the rules are developed in
accordance with the Administrative Rulemaking Law.
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NOW THEREFORE BE IT RESOLVED, the parties responsible for developing and adopting rules
governing the placement, maintenance, and authorized use of the official Oneida Nation Seal are
hereby granted a second 90-day extension to create and make effective such rules.
NOW THEREFORE BE IT FINALLY RESOLVED, the second 90-day extension does not impact the
effective date of Oneida Nation Seal and Flag Law.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Oneida Nation Seal and Flag Rules Second Extension
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Summary
This Resolution grants the parties responsible for developing and adopting rules governing the
maintenance, placement and authorized use of the Oneida Nation Seal an additional ninety (90)
day extension to create and make effective such rules.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Analysis by the Legislative Reference Office
On January 11, 2017, the Oneida Business Committee adopted a new law entitled Oneida Nation
Seal and Flag (Law) pursuant to the Oneida Business Committee resolution BC-01-11-17-C. The
resolution identified an effective date of sixty (60) days from the date of adoption, March 12,
2017. The Resolution also required that the Oneida Nation Secretary create rules in accordance
with these amendments and shall have the final rules prepared within sixty (60) calendar days.
The Law grants rulemaking authority to the Oneida Nation Secretary to create rules to govern the
placement, maintenance and authorized use of the official Oneida Nation Seal. [See Oneida
Nation Seal and Flag 116.4-4]. The rules were not completed by the effective date of the law,
March 12, 2017. In order to comply with the process set forth in the Administrative Rulemaking
law, the Oneida Nation Secretary requested more time to develop rules governing the
maintenance, placement and authorized use of the Oneida Nation Seal. The Oneida Business
Committee adopted resolution BC-03-08-17-C which provided a ninety (90) day extension to
create and make effective such rules. The ninety (90) day extension did not impact the effective
date of the Oneida Nation Seal and Flag law. The Law was able to become effective on March
12, 2017, because the Law provides minimum requirements for the use of the official Oneida
Nation Seal. [see Oneida Nation Seal and Flag 116.4-2].The extension to complete the Oneida
Nation Seal and Flag rules expires on June 10, 2017.
The Oneida Nation Seal and Flag law rules governing the maintenance, placement and
authorized use of the Oneida Nation Seal will not be completed by June 10, 2017. This
Resolution allows the parties responsible for developing and adopting rules governing the
placement, maintenance and authorized use of the Oneida Nation Seal an additional ninety (90)
day extension to create and make effective such rules.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
Page 1 of 1
Open Packet
Page 32 of 228
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
6
/ 14 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
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Accept as Information only
Action - please describe:
Consider the Resolution: Real Property Law Probate Rules Extension for consideration.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 33 of 228
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # ________________
Real Property Law Probate Rules Extension
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
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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 Nation Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee adopted the Real Property law pursuant to resolution
BC-05-29-96-A and amended the law by resolutions: BC-03-01-06-D, BC-04-28-10-E,
BC-02-25-15-C, BC-05-13-15-B, and most recently with BC-02-08-17-A; and
WHEREAS,
the most recent amendments will become effective on June 25, 2017; and
WHEREAS,
the most recent amendments update the probate process, transfer the Oneida Land
Commission’s original hearing body authority to the Oneida Judiciary, and delegate joint
administrative rulemaking authority to the Division of Land Management and the Oneida
Land Commission; and
WHEREAS,
the Division of Land Management and the Oneida Land Commission are required to
create rules further defining the process for probate administration; and
WHEREAS,
all rules developed by the Division of Land Management and the Oneida Land
Commission were required to be effective on June 25, 2017; and
WHEREAS,
additional time is needed to develop and make effective the rules regarding the process
for probate administration in accordance with the process set forth in the Administrative
Rulemaking law; and
WHEREAS,
section 601.8 of the Real Property law is insufficient without the addition of the
promulgated rules because it does not contain the process for probate administration.
NOW THEREFORE BE IT RESOLVED, that in recognition that the Division of Land Management and the
Oneida Land Commission have not yet promulgated the rules governing probate administration, the
following provision shall replace section 601.8 of the Real Property law until the probate rules are
promulgated and effective:
601.8. Disposition Of Estates Of Deceased Tribal Members.
601.8-1. The purpose of this section is to formalize laws to handle the disposition of deceased
tribal members’ trust property, with or without a will. The intent of this section is to provide
procedures which make it possible for equitable and fair decisions to be made for the surviving
family, as well as promoting ongoing peace and harmony within the community.
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BC Resolution _____________
Real Property Law Probate Rules Extension
Page 2 of 5
(a) Tribal members holding fee land within the reservation may use the laws and
procedures of the State of Wisconsin or those of this Law.
(b) Tribal members holding trust land within the reservation shall use the laws and
procedures of this Section.
601.8-2. Non-members of The Oneida Tribe and non-citizens of the United States cannot acquire
Trust land through inheritance. Where interests are specifically devised to individuals ineligible to
inherit the following options are provided:
(a) Sale of interest to the Oneida Tribe or an eligible heir for its fair market value;
(b) Acquire a life estate in the property if an ineligible spouse and/or minor child.
601.8-3. Interests of Heirs who cannot be found will be sold to the Oneida Tribe at fair market
value, or to an eligible heir, and the money returned to the estate for distribution.
601.8-4. In the absence of any heir or devisee, interests will escheat to the Oneida Tribe of
Indians of Wisconsin.
601.8-5. Personal property which does not come under the guidelines of this Law, and may be
distributed at the traditional ten day meal by family members, include:
(a) Clothing, furnishings, jewelry, and personal effects of the deceased not valued at
more than $100 per item.
(b) Ceremonial clothing or artifacts, including eagle feathers, beadwork, dance sticks,
flutes, drums, rattles, blankets, baskets, pottery, medicines, and animal skins.
601.8-6. The Land Commission, or its designated sub-committee, shall make a declaratory ruling
by authority of the Administrative Procedures Act, Section 9, in any case brought before them by
any person claiming to be an heir of the deceased and requesting any of the following
determinations:
(a) Heirs of Oneida members who die without a will (intestate) and possessed of fee or
trust property coming under the authority of the Oneida Tribe of Indians of Wisconsin;
(b) Approve or disapprove wills of deceased Oneida members disposing of trust
property;
(c) Accept or reject full or partial renunciations of interest;
(d) Allow or disallow creditors’ claims against estates of deceased Oneida members;
(e) Decree the distribution of all assets of a deceased Oneida member.
601.8-7. The Staff Attorney for the Division of Land Management will prepare a file for each
probate hearing within 30 days of receipt of a Request for Probate Hearing from anyone claiming
to be an heir of the deceased. Extensions to this 30 day requirement shall be requested from the
Land Commission when proven necessary to complete the file. Relatives and agencies will be
asked to cooperate in developing a complete probate file containing:
(a) Family history information,
(b) Death certificate,
(c) Personal and Real Property Inventory,
(d) BIA-IIM Account Report,
(e) Creditor Claims,
(f) Original will, if any,
(g) Names, addresses and phone numbers of all parties-in-interest.
601.8-8. Definitions As Used In This Section
(a) Children And Issue: Includes adopted children and children of unwed parents where
paternity has been acknowledged, or established by court decree. This does not include
non-adopted step-children.
(b) Parties-in-interest: This includes:
(1) Heirs of the decedent
(2) A beneficiary named in any document offered for probate, such as the will of
the decedent, land lease or sale agreement for real estate.
(3) A person named as administrator or personal representative in any
document offered for probate.
(4) Additional persons as the Land Commission may by order include who may
be affected by the actions of the Land Commission, or its designated sub-
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BC Resolution _____________
Real Property Law Probate Rules Extension
Page 3 of 5
committee, whether by receipt of or denial of any property which is a part of the
action.
(c) Heirs: Any person who is entitled under Tribal law to an interest in the property of a
decedent.
601.8-9. Parties-in-interest. The net estate of a decedent, not disposed of by will, passes to
his/her surviving heirs or Parties-in-interest as follows:
(a) To the spouse:
(1) All Real Property.
(2) All other than Real Property if there are no surviving children of the decedent.
(3) 2 of other than Real Property of the decedent’s estate if there are surviving
children of the decedent, or children of any deceased child of the decedent
(grandchildren) who take by right of representation.
(b) To Surviving Children and children of any deceased child of the decedent by rights of
representation;
(1) All of the estate if there is no surviving spouse, divided equally to all in the
same degree of kinship to the decedent. Surviving children of a deceased child
of the decedent will divide their parent’s share.
(c) All of the estate to the parents, equally divided, if no surviving spouse, children or
children taking by right of representation.
(d) All of the estate to the brothers and sisters and children of deceased brothers or
sisters by representation, divided equally, If no surviving spouse, children, or parents.
(e) All of the estate to the grandparents of the deceased divided equally, if no surviving
spouse, children parents or brothers and sisters.
(f) All of the estate divided equally to lineal descendants of the grandparents of the
deceased in the same order as (b) thru (e) if no surviving spouse, children, parents
brothers/sisters, or grandparents of the decedent.
(g) Diagram of Intestate Succession as outlined in (a) thru (f) in Figure 1.
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a. SURVIVING
SPOUSE
PERSON
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c. PARENTS
e.
GRANDPARENTS
a./b.
CHILDREN
d. BROTHERS
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UNCLES
AUNTS
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NIECES
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FIRST COUSINS
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d-2 GRAND
NEPHEW S
NIECES
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FIRST
COUSINS ONCE
REMOVED
b-3
SUCCEEDING
GENERATIONS
d-3
GREAT GRAND
NEPHEW S
NIECES
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FIRST
COUSINS TW ICE
REMOVED
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SUCCEEDING
GENERATIONS
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FIRST
COUSINS THRICE
REMOVED
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SUCCEEDING
GENERATIONS
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(h) Any 2% interests, or less, in land, as defined in 8-6(c) of this Law.
601.8-10. When the Probate File is complete, it will be placed on the agenda for review by the
Land Commission, who will first review it for sufficiency. If the Land Commission determines the
file is incomplete, it is sent back to the Staff Attorney with further instructions. If the probate file is
determined to be complete, a hearing shall be scheduled at a time when most, if not all, parties
can attend.
Open Packet
Page 36 of 228
BC Resolution _____________
Real Property Law Probate Rules Extension
Page 4 of 5
(a) Notice: All parties-in-interest will be sent a certified personal notice of the hearing to
their current or last known address. The hearing notice will also be posted at NORBERT
HILL CENTER, LITTLE BEAR DEVELOPMENT CENTER and other public places within the
reservation, and published in at least two issues of the Kalihwisaks, the Milwaukee
Sentinel/Journal, a Green Bay Paper and an Appleton paper. The notice will include time
and place for hearing, agenda, approximate length of hearing and contact person. This
notice will be provided at least 10 days before the hearing takes place.
(b) The hearing will generally adhere to the following format:
(1) Rules for an open, nonjudgmental discussion shall be presented and
accepted.
(2) Probate file is reviewed and data added or corrected based on consensus of
those present.
(3) Ample time is provided for full discussion of the process, presentation of
additional data for the file, and defining of problems or disputes to be entered into
the record.
(4) All problems or disputes shall be settled in this hearing, with all parties-ininterest present and assisting in this resolution. This includes recommendations
for clear partition of any real property held in undivided interest, and full
discussion of creditor claims. This hearing shall be continued to another date
only if unpredicted circumstances or unavailable information impedes the
progress of resolution.
(5) When all problems, disputes and legal issues of the case have been resolved
to the satisfaction of all parties-in-interest, the hearing body will issue its Final or
Declaratory Ruling to the Director of Land Management, who will notify the Land
Commission and all parties involved in the hearing. This Final Ruling takes effect
60 days after mailings.
601.8-11. A party to a probate hearing may seek a rehearing of any of the above determinations
listed in 8-3 upon provision of a written request to the Director of the Division of Land
Management within 60 days after the Declaratory Ruling is issued. It is the responsibility of the
aggrieved party to make certain that adequate documentation necessitating a rehearing is
attached to the request.
(a) This request must include affidavits, witness list, summary of testimony and other
support documents which would provide a justifiable reason why any new information
was not available at the original hearing.
(b) If basis for rehearing is alleged procedural irregularities, the request shall include
complete documentation of these irregularities.
(c) If basis for rehearing is the constitutionality of the Law or its procedures, a legal brief
shall be attached to the request which clearly establishes the legal rationale for this claim.
(d) If basis for rehearing is that the determination is clearly erroneous, arbitrary and/or
capricious, a clear statement or legal brief summarizing the party’s rationale for believing
this to be true shall be attached to the request.
601.8-12. The Director of Land Management will place the petition for rehearing on the first
agenda of the Land Commission following the receipt of the written request.
(a) The Land Commission may deny a rehearing if there is insufficient grounds for the
petition, or if the petition is not filed in a timely fashion.
(b) The Land Commission may order a rehearing based on the merit of the petition. The
petition and supporting papers are then sent to all participants of the first hearing along
with the date for the rehearing.
(c) If a rehearing is ordered, the Land Commission will adhere to the same notice
requirements as in the first hearing. In addition, the hearing body should be composed of
the same individuals responsible for the first hearing. Based on the information
presented at the rehearing, the hearing body may adhere to the former Ruling, modify or
vacate it, or make such further determinations that are warranted.
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Open Packet
Page 37 of 228
BC Resolution _____________
Real Property Law Probate Rules Extension
Page 5 of 5
601.8-13. Any Declaratory Ruling given under this Section may be appealed to the Judiciary
within 30 days from the date of the Ruling. The Ruling is sent to the Parties-in-interest with same
documentation outlined in 8-6.
601.8-14. A party may petition the Judiciary to reopen the case within three years after the
Declaratory Ruling has been mailed out if they can prove all of the following:
(a) They were not a participant in the first hearing;
(b) They were completely unaware that the first probate hearing occurred and they have
proof that they were not duly noticed; and
(c) They have rights which were erroneously left out of the first probate hearing.
601.8-15. After looking at the record of the first hearing, the Judiciary may rule that the Petition
To Reopen is not sufficient, or it may send an order to the Land Commission to provide a second
hearing based on the evidence provided in the Petition.
601.8-16. All probate Declaratory Rulings of the Land Commission or Judgments of the Judiciary
shall be recorded in the Division of Land Management.
(a) If fee land is part of the Ruling, it shall also be recorded at the County Register of
Deeds.
(b) If trust land is part of the Ruling, it shall also be recorded at the Department of Interior
Aberdeen Title Plant.
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NOW THEREFORE BE IT FURTHER RESOLVED, that the effective date of the most recent
amendments to the Real Property Law contained in resolution BC-02-08-17-A shall remain June 25,
2017, but the time allotted to create administrative rules governing the process for probate administration
is extended until the probate rules are promulgated and effective.
Open Packet
Page 38 of 228
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Real Property Law Probate Rules Extension
Summary
This resolution extends time allotted to create administrative rules governing the process for
probate administration.
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Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Analysis by the Legislative Reference Office
The Oneida Business Committee amended the Real Property law by resolution BC-02-08-17-A.
The amendments, set to become effective on June 25, 2017, update the probate process, transfer
the Oneida Land Commission’s original hearing body authority to the Oneida Judiciary, and
delegate joint administrative rulemaking authority to the Division of Land Management and the
Oneida Land Commission to promulgate rules to further define the process for probate
administration.
The Division of Land Management and the Oneida Land Commission were required to create the
rules governing probate administration by June 25, 2017, when the law becomes effective. The
probate rules will not be completed by the deadline so additional time is needed to develop and
make effective the rules regarding the process for probate administration in accordance with the
process set forth in the Administrative Rulemaking law.
The resolution extends time allotted to the Division of Land Management and the Oneida Land
Commission to create administrative rules governing the process for probate administration.
Without the rules promulgated, section 601.8 of the Real Property law governing probate will be
insufficient because it does not contain the necessary details and process for probate
administration. In recognition of the fact that the Real Property law’s section governing probate
is insufficient without the addition of rules, the resolution includes a provision that shall replace
section 601.8 of the law until the probate rules are promulgated and effective.
The probate rulemaking extension does not affect the effective date of the law.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
Page 1 of 1
Open Packet
Page 39 of 228
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
6
/ 14 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Standing Committees
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Accept as Information only
Action - please describe:
Accept the May 17, 2017 LOC minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. 5/17/17 LOC Minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 40 of 228
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Business Committee Conference Room-2nd Floor Norbert Hill Center
May 17, 2017 1:30 p.m.
Present: Tehassi Hill, Jennifer Webster, Fawn Billie, David P. Jordan
Others Present: Jennifer Falck, Candice Skenandore, Clorissa Santiago, Maureen Perkins, Tani
Thurner, Rae Skenandore, Krystal John, Robert J. Collins II, Bonnie Pigman, Mike Debraska,
Gene Schubert, Leyne Orosco, Cathy Bachhuber
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I.
Call to Order and Approval of the Agenda
Tehassi Hill called the May 17, 2017 Legislative Operating Committee meeting to order
at 1:39 p.m.
Motion by David P. Jordan to adopt the agenda, seconded by Fawn Billie. Motion
carried unanimously.
II.
Minutes to be approved
1. May 3, 2017 LOC Meeting Minutes
Motion by Fawn Billie to approve the May 3, 2017 LOC meeting minutes; seconded
by Jennifer Webster. Motion carried, with David P. Jordan abstaining.
III.
Current Business
1. Petition: Child Care Department Consumer Complaint Policy (00:55-01:30)
Motion by Jennifer Webster to review and accept the draft Child Care Department
Consumer Complaint law and send for analysis to be completed by June 7, 2017;
seconded by David P. Jordan. Motion carried unanimously.
2. Children’s Code (11:08-12:07)
Motion by Jennifer Webster to accept the public meeting comments for the Child
Welfare Law and defer to a work meeting; seconded by Fawn Billie. Motion carried
unanimously.
3. Legal Resource Center (01:52-11:02)
Motion by Jennifer Webster to accept the emergency adoption packet for the Legal
Resource Center law and forward to the Oneida Business Committee for
consideration; seconded by Fawn Billie. Motion carried unanimously.
4. General Tribal Council Meetings (12:09-12:39)
Motion by David P. Jordan to approve an extension to June 7, 2017 for the legislative
analysis for the General Tribal Council Meetings law to be completed; seconded by
Fawn Billie. Motion carried unanimously.
5. Administrative Rulemaking Amendments (12:43-13:12)
Motion by Fawn Billie to approve an extension to June 7, 2017 for the legislative
analysis for the Administrative Rulemaking amendments to be completed; seconded
by David P. Jordan. Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of May 17, 2017
Page 1 of 3
Open Packet
Page 41 of 228
6. Conflict of Interest Permanent Amendments (13:14-13:41)
Motion by David P. Jordan to approve the updated public meeting packet for the
approved June 5, 2017 public meeting for the Conflict of Interest permanent
amendments; seconded by Fawn Billie. Motion carried unanimously.
IV.
New Submissions
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1. All-Terrain Vehicle Law Amendments (13:50-17:28)
Motion by David P. Jordan to add each of these laws to the Active Files List as a high
priority, assign Tehassi Hill as the sponsor, approve the public meeting packet, in
addition to the Tribal Environmental Response law for June 15, 2017; seconded by
Fawn Billie. Motion carried unanimously.
2. Hunting, Fishing and Trapping Law Amendments (13:50-17:28)
Motion by David P. Jordan to add each of these to the Active Files List as a high
priority, assign Tehassi Hill as the sponsor, approve the public meeting packet, in
addition to the Tribal Environmental Response law for June 15, 2017; seconded by
Fawn Billie. Motion carried unanimously.
3. Public Use of Tribal Land Law Amendments (13:50-17:28)
Motion by David P. Jordan to add each of these to the Active Files List as a high
priority, assign Tehassi Hill as the sponsor, approve the public meeting packet, in
addition to the Tribal Environmental Response law for June 15, 2017; seconded by
Fawn Billie. Motion carried unanimously.
4. Water Resources Ordinance Amendments (13:50-17:28)
Motion by David P. Jordan to add each of these to the Active Files List as a high
priority, assign Tehassi Hill as the sponsor, approve the public meeting packet, in
addition to the Tribal Environmental Response law for June 15, 2017; seconded by
Fawn Billie. Motion carried unanimously.
5. Well Abandonment Law Amendments (13:50-17:28)
Motion by David P. Jordan to add each of these to the Active Files List as a high
priority, assign Tehassi Hill as the sponsor, approve the public meeting packet, in
addition to the Tribal Environmental Response law for June 15, 2017; seconded by
Fawn Billie. Motion carried unanimously.
6. On-Site Waste Disposal Ordinance Amendments (13:50-17:28)
Motion by David P. Jordan to add each of these to the Active Files List as a high
priority, assign Tehassi Hill as the sponsor, approve the public meeting packet, in
addition to the Tribal Environmental Response law for June 15, 2017; seconded by
Fawn Billie. Motion carried unanimously.
V.
Additions
VI.
Administrative Updates
1. Domestic Animals Amendments E-Poll Results (17:29-17:47)
Legislative Operating Committee Meeting Minutes of May 17, 2017
Page 2 of 3
Open Packet
Page 42 of 228
Motion by Fawn Billie to accept the Domestic Animals Amendments e-poll results of
May 5, 2017 into the record; seconded by David P. Jordan. Motion carried
unanimously.
2. Per Capita Rule No. 1 –Distribution Rule Certification (17:53-18:11)
Motion by David P. Jordan to certify the Per Capita Distribution rule and forward to
the Oneida Business Committee for review; seconded by Jennifer Webster. Motion
carried unanimously.
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3. Hunting, Fishing and Trapping Rule Handbook Certification (18:14-18:32)
Motion by Jennifer Webster to certify the Hunting, Fishing and Trapping Rule
Handbook and forward to the Oneida Business Committee for review; seconded by
David P. Jordan. Motion carried unanimously.
4. FY17 semi-annual GTC Report (18:38-19:05)
Motion by Fawn Billie to approve the Legislative Operating Committee FY17 semiannual GTC Report and forward to the Secretary’s Office; seconded by David P.
Jordan. Motion carried unanimously.
VII.
Executive Session
VIII. Adjourn
Motion by David P. Jordan to adjourn the May 17, 2017 Legislative Operating
Committee meeting at 1:59 p.m.; seconded by Jennifer Webster. Motion carried
unanimously.
Legislative Operating Committee Meeting Minutes of May 17, 2017
Page 3 of 3
Open Packet
Page 43 of 228
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
6
/ 14 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Standing Committees
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Accept as Information only
Action - please describe:
Review the Landlord Tenant Rule #4: income Based Rent to Own Program, Eligibility, Selection, and Other
Requirements.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Certified Rule
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 44 of 228
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Jo Anne House, PhD | Chief Counsel
James R. Bittorf | Deputy Chief Counsel
Law Office
Patricia M. Stevens Garvey
Kelly M. McAndrews
Michelle L. Gordon
Krystal L. John
Robert J. Collins, II
MEMORANDUM
TO:
Legislative Operating Committee
FROM:
Krystal L. John, Staff Attorney
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DATE:
June 7, 2017
SUBJECT: Request for Certification of Procedural Compliance
Landlord-Tenant Rule No. 4 – Income Based Rent to Own Program Eligibility,
Selection and Other Requirements
The Comprehensive Housing Division, as defined in the Eviction and Termination law, is
exercising its rulemaking authority to further define sections of Title 6 Property and Land –
Chapter 611; Landlord-Tenant.
This rule is newly drafted and is not a revision of a prior rule.
In accordance with the Administrative Rulemaking law, a public meeting was held for this rule
on May 18, 2017 for which the comment period expired on May 25, 2017.
The following attachments are included for your review:
1. Rule No. 4 – Income Based Rent to Own Program Eligibility, Selection and Other
Requirements
2.
3.
4.
5.
6.
7.
8.
Comprehensive Housing Division (Oneida Housing Authority) Approval
Summary Report
Public Meeting Notice
Copy of Public Meeting Published in the Kalihwisaks – Page 40 of the May 4, 2017 issue
Public Meeting Sign-in Sheet
Public meeting transcription from the May 25, 2017 Public Meeting
Public Meeting Comment Memorandum
Following certification, this rule shall become effective on June 15, 2017.
N7210 Seminary Road ● P.O. Box 109 ● Oneida, WI 54155 ● 920.869.4327
oneida-nsn.gov
Open Packet
Page 46 of 228
Draft 2 – For Certification
2017 06 07
Title 6. Property and Land – Chapter 611
LANDLORD-TENANT
Rule # 4 – Income Based Rent to Own Program Eligibility,
Selection and Other Requirements
4.1. Purpose and Effective Date
4.2. Adoption and Authority
4.3. Definitions
4.4. Eligibility Requirements
4.5. Application Process and Wait List
4.6. Tenant Selection
4.7. Setting Rents
4.8. Annual Inspection and Background Check
4.9. Rent to Own Agreement Cancellation
4.1. Purpose and Delegation
4.1-1. Purpose. The purpose of this rule is to provide additional eligibility requirements,
selection procedures and general requirements that govern the Comprehensive Housing
Division’s income-based homeownership program.
The mission of the income-based
homeownership program is to offer Tribal members homeownership opportunities without
requiring credit checks or down payments which offers payment plans that may include federal
subsidy, is free of interest, and with payment amounts based on household income. It is always
the Comprehensive Housing Division’s policy to develop, maintain, and operate affordable
housing in safe, sanitary and healthy environments within the reservation.
4.1-2. Delegation. The Landlord-Tenant law delegated the Comprehensive Housing Division
and Land Commission joint rulemaking authority pursuant to the Administrative Rulemaking
law. However that delegation excluded the Land Commission from having joint authority where
the rules relate solely to premises administered pursuant to federal funding. Accordingly, the
Comprehensive Housing Division has sole rulemaking authority for these rules.
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4.2. Adoption and Authority
4.2-1. This rule was adopted by the Comprehensive Housing Division in accordance with the
procedures of the Administrative Rulemaking law.
4.2-2. This rule may be amended or repealed by the approval of the Comprehensive Housing
Division pursuant to the procedures set out in the Administrative Rulemaking law.
4.2-3. Should a provision of this rule or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this rule which are
considered to have legal force without the invalid portions.
4.2-4. In the event of a conflict between a provision of this rule and a provision of another rule,
internal policy, procedure or other regulation, the provisions of this rule control.
4.2-5. This rule supersedes all prior rules, regulations, internal policies or other requirements
relating to the Landlord-Tenant law, provided that tenants are currently subject to the Mutual
Help Agreement shall remain subject to the Mutual Help Agreement with this rule applying to all
future rent-to-own agreements entered into by the Comprehensive Housing Division.
4.3. Definitions
4.3-1. This section governs the definitions of words and phrases used within this rule. All
words not defined herein are to be used in their ordinary and everyday sense.
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Draft 2 – For Certification
2017 06 07
(a) “Comprehensive Housing Division” means the entity responsible for housing matters
specifically related to rent-to-own agreements as defined by Oneida Business Committee
Resolution.1
(b) “Household” means all persons residing at the premises.
(c) “HUD” means the United States Department of Housing and Urban Development.
(b) “Landlord” means the Nation in its capacity to rent real property subject to a rental
agreement.
(c) “Nation” means the Oneida Nation.
(d) “Premises” means the property covered by a rent-to-own agreement, including not
only the real property and fixtures, but also any personal property furnished by the
landlord pursuant to a rental agreement.
(e) “Rent-to-Own Agreement” means a written contract between a landlord and a tenant,
whereby the tenant is granted the right to use or occupy the premises for a residential
purpose.
(f) “Tenant” means the person granted the right to use or occupy a premise pursuant to a
rental agreement.
(g) “Tribal member” means an enrolled member of the Nation.
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4.4.
Eligibility Requirements
4.4-1. Tribal Member Status. At least one (1) of the heads of household required to sign the
rent-to-own agreement is required to be a Tribal member. Comprehensive Housing Division
staff shall verify enrollment status by either requiring a copy of the Tribal Identification Card or
requesting verification from the Trust Enrollment Department.
4.4-2. Dependent Minor. In order to be eligible there must be a minimum of one (1) minor in
the household composition that is a full-time dependent of a head of household at the time of
application.
4.4-3. Maximum Income. Pursuant to NAHASDA, in order to be eligible for an income-based
rent-to-own agreement, the household must qualify as low income at the time of initial
occupancy. In order to qualify as low-income, applicants’ household income may not exceed
eighty percent (80%) of the regional gross annual income based on the data from Outagamie
County.2 For the purposes of this section, gross annual income is all income from any and all
sources of income from all adult members of the household anticipated to be received in an
upcoming twelve (12) month period unless specifically excluded from income in this section.
Applicants shall provide Comprehensive Housing Division staff written verification of income.
(a) For purposes of calculating income to determine eligibility, the Comprehensive
Housing Division staff shall include per capita payments to the extent that receipt of per
capita payment may be verified for the prior year based on the tax return.
(b) For the purpose of calculating income to determine eligibility, the Comprehensive
Housing Division staff shall include in annual income gross income from household
1
See BC Resolution 10-12-16-D providing that for purposes of the Landlord-Tenant law, the Comprehensive
Housing Division means the Division of Land Management for general rental agreements, the Oneida Housing
Authority for income-based rental agreements and Elder Services for rental agreements through the Elder Services
program.
2
Pursuant to resolution BC-01-25-12-A, Outagamie County is designated as the data source for collecting regional
gross income for determining low-income housing eligibility because the income in that area is generally higher
than Brown County’s and results in more persons being eligible based on the income requirements.
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Draft 2 – For Certification
2017 06 07
assets where net household assets are defined in accordance with 24 CFR 5.603.3
(b) For purposes of calculating income to determine eligibility, the Comprehensive
Housing Division staff may not include the following:
(1) Income from employment of any household minors;
(2) Payments received for the care of foster children and/or handicapped/mentally
incompetent adults;
(3) Lump-sum additions to household assets including, but not limited to,
inheritances, insurance payments, capital gains, and settlements for personal
and/or property losses, excluding payments in lieu of earnings, such as
unemployment, disability compensation, worker’s compensation, and severance
pay, which are included in income;
(4) Amounts received by the household that is specifically for, or in
reimbursement of, the cost of medical expenses for any member of the household;
(5) Income of a live-in medical aide;
(6) Any amounts received as student financial assistance;
(7) Income of any adult household members that are students, other than the head
of household, in excess of $480 annually; the first $480 of annual income
received by an adult student household member shall be included as income;
(8) Payments made to any member of the household serving in the armed forces
for exposure to hostile fire;
(9) Amounts received under training programs funded by HUD;
(10) Amounts received by persons with disabilities, which amounts are
disregarded for a limited time for purposes of Supplemental Security Income
eligibility and benefits because such amounts are set aside for use under a Plan for
Achieving Self-Support;
(11) Temporary, nonrecurring and/or sporadic income (including gifts);
(12) Adoption assistance payments that exceed $480 annually; the first $480 of
annual adoption assistance payments shall be included as income;
(13) Deferred periodic amounts from supplemental security income and social
security benefits that are received in a lump sum amount or in prospective
monthly amounts;
(14) Amounts paid by a state agency to a member of the household with a
developmental disability to offset the cost of services and/or equipment needed to
keep the developmentally disabled member living in the household; and
(15) Amounts specifically excluded from income by any applicable federal statute
and/or regulation, specifically those identified in the Federal Register.4
4.4-4. Minimum Income. Applicants shall have a minimum income of $30,000 at the time of
application.
4.4-5. Outstanding Debts. Applicants for a rental agreement may not have a balance greater
than two hundred dollars ($200) owed to any utility provider and may not have any prior debt
owed to the Comprehensive Housing Division.
4.4-6. Prior Comprehensive Housing Division Eviction. Applicants that have had a rental
agreement with the Comprehensive Housing Division subject to an eviction and termination
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See HUD Occupancy Handbook, Exhibit 5-2: Assets.
The most recent notice of federally required exclusions was published on December 14, 2012 and can be found in
the Federal Register at 77 FR 74495.
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within two (2) years from the date of the application are not eligible to participate in the incomebased rent-to-own program.
4.4-7. Criminal Convictions. Applicants with any of the following types of convictions are not
eligible for participation in the rent-to-own program, provided that the Pardon and Forgiveness
law may provide an exception to the conditions contained in this section:
(a) A drug conviction within three (3) years from the date of application;
(b) A felony conviction within five (5) years from the date of application; and/or
(c) A criminal conviction based upon an act of violence within two (2) years from the
date of the application.
4.4-8. Homeowner Status. Applicants that are current homeowners are not eligible for
participation in the income-based rent-to-own program.
4.4-9. Current Comprehensive Housing Division Tenants. Applicants that are current tenants of
the Comprehensive Housing Division are required to be in compliance with the rental program
agreement and any accompanying rules in order to be eligible for participation in the incomebased rent-to-own program.
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4.5.
Application Process and Wait List
4.5-1. Applying. Persons wishing to participate in the income-based rent-to-own program shall
complete the Comprehensive Housing Division rent-to-own agreement application and any other
accompanying forms required based on the income-based program eligibility requirements. The
Comprehensive Housing Division staff may not consider any applications for selection and/or
placement on the wait list until the application and all accompanying forms are complete. Upon
receipt of a completed application, including all supplementary forms, Comprehensive Housing
Division staff shall date and time stamp the application. If, regardless of a complete application
submittal, additional information is required to determine eligibility, the Comprehensive Housing
Division staff shall request such information and maintain the application submittal date
provided that the applicant responds to the information requests in a reasonably timely fashion.
(a) Household Composition Form. The Comprehensive Housing Division staff shall
require applicants to the income-based homeownership program to complete a Household
Composition Form which provides the full name, age and date of birth of each person
contemplated to reside in the home. In order to verify such information, the
Comprehensive Housing Division staff shall require that applicants submit the following
with the Household Composition Form:
(1) Copies of social security cards for each person contemplated to reside in the
home, provided that for newly born babies that have not yet been issued a social
security card a birth certificate is sufficient;
(2) A copy of a picture identification card for each adult contemplated to reside in
the home;
(3) If any adults in the home are enrolled in post-secondary education,
verification of enrollment in the form of a financial aid award letter or other
documentation directly from the school; and
(4) If an adult in the household is the custodial parent/guardian of a minor, a copy
of the court documents which awarded such placement.
(b) Household Size/Needs. At the time of application, the applicant shall indicate what
size home they require: two (2) bedrooms; three (3) bedrooms; four (4) bedrooms; five
(5) bedrooms and/or handicap accessibility.
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(c) Background Checks. In order to ensure compliance with the eligibility requirements
of the Landlord-Tenant law and these rules, Comprehensive Housing Division staff shall
perform a background check on each adult in the household. Household adults are also
subject to annual background checks upon the annual update pursuant to 4.8-5 and as
may be determined to be necessary by the Comprehensive Housing Division staff to
maintain the safety of the community.
4.5-2. Notification of Eligibility, Placement on the Wait List. When Comprehensive Housing
Division staff completes its review of an application and determines the applicant(s) is eligible
for the rent-to-own program, the staff shall determine whether there is a wait list for the rent-toown program for the home size needed by the applicant.
(a) If there is a wait list established for the home size needed by the applicant,
Comprehensive Housing Division staff shall place the applicant on the wait list based on
the date and time stamp of the application. At such time, Comprehensive Housing
Division staff shall provide the applicant with notice of their placement on the wait list
and the requirement to update their application should anything change prior to a home
becoming available. An applicant may request to be removed from the wait list at any
time.
(b) If there is not a wait list established and there are homes available, move to the tenant
selection process provided in section 4.6.
4.5-3. Notification of Ineligibility. If review of a complete submitted application reveals that an
applicant is ineligible to participate in the rent-to-own program based on the Landlord-Tenant
law and/or rules, the Comprehensive Housing Division staff shall notify the applicant of the
cause of the ineligibility and how the applicant may become eligible in the future. At such time,
Comprehensive Housing Division staff shall also inform the applicant of other housing
opportunities offered by the Nation for which the applicant may be eligible, if applicable.
4.5-4. Required Application Updates. Applicants on the wait list are required to update the
application, at a minimum, annually, but also whenever information submitted on the application
has changed. Applicants that fail to complete the application update within the allotted
timeframe will be removed from the wait list and required to re-apply for future consideration
absent proof of extenuating circumstances, for which Comprehensive Housing Division staff
may provide a grace period of a maximum of ten (10) calendar days. Should an updated
application reveal that an applicant has become ineligible for the rent-to-own program,
Comprehensive Housing Division staff shall remove the applicant from the wait list and provide
the applicant notice of the cause for ineligibility.
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4.6.
Tenant Selection
4.6-1. Available Rent-to-Own Homes. When a rent-to-own home becomes available, the
Comprehensive Housing Division staff shall preliminarily select a tenant based on the first
applicant on the wait list for the available home size.
4.6-2. Notice of Tenant Selection. When an applicant is selected for a unit in accordance with
this section, the Comprehensive Housing Division staff shall provide the applicant with notice of
tenant selection. The notice, at a minimum, shall include the address of the home, the estimated
monthly payment required (based on the applicant’s reported income), and a requirement that the
applicant respond within fifteen (15) calendar days to accept/reject the home on a rent-to-own
basis.
(a) Failure to Respond or Rejecting a Home. If a home is rejected for any reason other
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than that the applicant would like to wait for a different home to become available, or, if
the applicant fails to respond to the notice, Comprehensive Housing Division staff shall
remove the applicant from the wait list. For applicants that reject a home in order to wait
for a different home to become available on a rent-to-own basis, Comprehensive Housing
Division staff shall replace applicant on the waitlist in their same spot.
(b) Accepting a Rental Premise.
(1) Timeframe for Completing the Rent-to-Own Agreement and Taking
Occupancy. Applicants that have accepted a home from the rent-to-own program
have five (5) calendar days from the date the home is move-in ready to:
(A) Reconfirm that they remain eligible for the rent-to-own program;
(B) Pay the first month’s payment; and
(C) Execute the rent-to-own agreement and all required supplemental
forms, provided that the agreement may not be executed until (A) and (B)
are complete.
(2) Taking Occupancy. The Comprehensive Housing Division shall provide the
tenant with keys to the home upon execution of the rent-to-own agreement. As
such time, the Comprehensive Housing Division staff shall provide the tenant
with a check-in sheet and notice the tenant that he/she has seven (7) calendar days
from the date the tenant takes occupancy to complete the check-in sheet and
submit it to the Comprehensive Housing Division.
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4.7.
Rent-to-Own Loans
4.7-1. Rent-to-Own Loans. The Comprehensive Housing Division shall require tenants in the
rent-to-own program to make monthly payments towards the principal of their loan as
documented in the rent-to-own agreement. A rent-to-own loan provides that title to the premise
remains in the Comprehensive Housing Division’s name until the tenant has, in combination
with federal subsidies, paid the principal in full, at which time title to the premise is conveyed to
the tenant and the tenant thereby becomes a homeowner. At the time of conveyance to the
homeowner, the Comprehensive Housing Division shall refer to homeowner to the Division of
Land Management to secure a residential lease for the land upon which the home is located.
4.7-2. Rent-to-Own Payments. Rent-to-Own payments are allocated one hundred percent
(100%) towards the principal; there is no interest assessed on a rent-to-own loan. The
Comprehensive Housing Division staff shall set the household’s required monthly principle
payment based on the household’s income in accordance with the following:
(a) Payment Amount. The household’s principal payment responsibility must be between
fifteen percent (15%) and thirty percent (30%) of the household’s adjusted gross income
based on the income calculation requirements provided in section 4.4-3. Principal
payments may not exceed the fair market rents of the subject premise as determined by
the data for Outagamie County. The tenant shall select a payment plan based on fifteen
percent (15%), twenty (20%), twenty-five percent (25%) or thirty percent (30%) of the
household’s adjusted gross income. Once selected, a payment plan may not be modified,
provided that at any time the tenant may pay more towards the principal than what is
required by the payment plan. Adjusted gross income means the annual household
income remaining after the Comprehensive Housing Division staff applies the following
deductions:
(1) Dependent Deduction. A deduction of $480.00 from annual income for each
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household minor dependent or adult dependent where the adult dependent is
either a full-time student or a person with disabilities.
(2) Elder and/or Disabled Deduction. A total deduction of $400.00 from annual
income for a household in which:
(A) A household member is sixty-two (62) years of age or older; and/or
(B) A household member is a person with a disability.
(3) Medical and Attendant Expenses. For a household qualifying under 2.72(a)(2), a deduction for medical expenses5 that are in excess of three percent (3%)
of annual income and all expenses for live-in periodic attendant care assistance or
apparatus to the extent necessary to enable a member of the family to be
employed.
(4) Child Care Expenses. A deduction for reasonable child care expenses from
annual income if the child care:
(A) Enables an adult household member to seek employment activity, be
gainfully employed, or further his/her education; and
(B) Expenses are not reimbursed.
(5) Child Support for a Household Minor. A deduction for the full amount of
child support paid by a household member for a household minor (i.e. when the
parent paying child support lives in the same household as the child for which the
parent is paying child support).
(6) Earned Income of Minors. A deduction in the amount of any earned income
of any minor household member.
(7) Travel Expenses for Employment or Education-Related Travel. A maximum
deduction of $25.00 per week for travel expenses for employment or education
related travel.
(b) Administrative Fee. The Comprehensive Housing Division shall assess a monthly
administrative fee of one hundred dollars ($100.00) per month in addition to any required
principal payment.
(d) Federal Subsidy. The Comprehensive Housing Division staff shall subsidize the
tenant’s monthly payment responsibilities based on thirty percent (30%) of the assessed
value of the home.
(e) Loan Duration.
Based on the payment plan selected by the tenant, the
Comprehensive Housing Division shall calculate the loan duration based on the number
of months required to satisfy the principal in full, less the amount of the federal subsidy.
4.7-3. Financial Hardship Recovery Agreements. Should an adjustment to the tenant’s income
result in the required monthly principal payment exceeding thirty percent (30%) of the
household’s monthly gross income, the household becomes eligible for a financial hardship
recovery agreement. Such agreements will adjust the required monthly principal payment to a
manageable amount and may also adjust home improvement loan required payments, provided
that the administrative fee may not be waived in any circumstance. Upon entering a financial
hardship recovery agreement, the rent-to-own agreement and, if applicable, the home
improvement loan, shall be amended to extend the loan duration based on the timeframe required
to repay the total amount of the difference between the agreement payment required by the
tenant selected payment plan and the adjusted payments.
(a) Financial Hardship Recovery Agreement Duration. Financial Hardship Recovery
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agreements shall be between a minimum of six (6) months and a maximum of twelve
(12) months in duration. Any financial hardship recovery agreement entered for less than
the maximum of a twelve (12) month period may be extended, provided that such
extension may not cause the total agreement duration to exceed twelve (12) months. The
rent-to-own loan duration shall be extended based on the timeframe required to repay the
total amount of the difference between the rent-to-own agreement payment required by
the tenant selected payment plan and the adjusted payments.
(b) Maximum Hardship Recovery Agreements. Throughout the life of the loan, a tenant
is eligible for a maximum of three (3) financial hardship recovery agreements, provided
that tenants are not eligible for a new financial hardship recovery agreement until one (1)
year has lapsed since the prior financial hardship recovery agreement expired, including
any amendments thereof.
(c) Inability to Pay Following a Financial Hardship Recovery Agreement. In the event a
household is not able to recover within the agreement period and is not able to begin
making full payments based on the tenant selected payment plan in the rent-to-own
agreement, the Comprehensive Housing Division shall initiate eviction and termination
proceedings. In the event of eviction and termination, the amounts paid by tenant into the
loan are forfeited to the Comprehensive Housing Division as rent compensation for the
tenancy. Any damages to the home may be assessed against the tenant as part of the
eviction and termination proceeding.
4.7-4. Home Improvement Loan. Tenants are encouraged to maintain savings to cover any
unanticipated housing related repairs that may arise. In order to assist tenants in the case of
emergency and to make home improvements, tenants may borrow against their principal
payment account with a home improvement loan. Tenants are responsible for paying the full
home improvement loan in addition to the original principal amount; a home improvement loan
reduces the principal payment account balance by the full value of the home improvement loan.
The tenant shall select a payment plan where the maximum duration for the home improvement
loan shall be one (1) year for each one thousand dollars ($1,000) borrowed with a maximum of
twenty-five thousand dollars ($25,000) available under a home improvement loan.
(a) Home improvement loans are available for any home improvement fixed to the
structure as well as unattached garages. Available improvements include, but are not
limited to repair/replacement/purchase of the following:
(1) Furnace or other primary heating source;
(2) Windows;
(3) Doors;
(4) Roofing;
(5) Siding;
(6) Insulation;
(7) Central air system;
(8) Hot water heater;
(9) Foundation;
(10) Garage (attached or unattached);
(11) Deck;
(12) Porch;
(13) Plumbing;
(14) Entry/room addition; and/or
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(15) Electrical.
(b) Tenants borrowing under the home improvement loan are required to submit a
minimum of three (3) bids to the Comprehensive Housing Division for the work sought
to be completed with loan funds. All payments issued pursuant to a home improvement
loan shall be paid directly to the vendor by the Comprehensive Housing Division and
shall require a twenty-five percent (25%) retainage to be paid upon completion via check
issued in the name of both the tenant and the vendor.
(c) In order to be eligible for a home improvement loan, the tenant must:
(1) Have been in the home for a minimum of five (5) years;
(2) Not have had their home conveyed;
(3) Be current with their rent-to-own agreements principal payments; and
(4) Not have any an existing balance for any prior home improvement loan.
(d) A home improvement loan is an extension of the rent-to-own agreement; as such, the
Comprehensive Housing Division may institute an eviction and termination of the home
for a default of the home improvement loan.
(e) Upon approving a home improvement loan, the Comprehensive Housing Division
staff shall work with tenants to teach home ownership skills by meeting with the tenant
to:
(1) Discuss what to look for when soliciting bids;
(2) Review bids obtained with the tenant and discuss the merits of each bid and what
the Comprehensive Housing Division considers when selecting vendors for similar
services; and
(3) Reviewing the work upon completion and discussing the things the
Comprehensive Housing Divisions considers prior to issuing final payment to a
vendor for similar services.
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4.8. Annual Inspection and Update
4.8-1. Annual Inspections. Comprehensive Housing Division staff shall schedule annual
inspections for each rent-to-own property.
4.8-2. Inspection Checklist. Comprehensive Housing Division staff completing the annual
inspection shall use the checklist that is approved by the Comprehensive Housing Division
director. Upon completion of the inspection, Comprehensive Housing Division staff shall
request that the tenant(s) sign the completed checklist.
4.8-3. Damages. Tenants are required to repair any damages to the rental premises discovered
during the annual inspection that do not amount to normal wear and tear and are required to
make any improvements necessary to maintain the integrity the property and the health and
safety of the occupants of the premises. In the event such repairs and/or improvements are not
completed within the timeframe provided by the Comprehensive Housing Division, the
Comprehensive Housing Division may complete the repairs and/or improvements and assess the
costs to the tenant and a penalty fee of ten percent (10%) of the actual costs. The
Comprehensive Housing Division may offer the tenant a payment agreement to cover such costs.
4.8-4. Immediate Notice of Change in Household Composition and/or Income. Tenants shall
immediately notify the Comprehensive Housing Division of any change in the tenant’s
household composition and/or income, regardless of the date scheduled for the annual update. A
change in household income may cause a change in the amount of monthly principal payment
required.
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4.8-5. Annual Update. On an annual basis the tenant shall provide an update to the
Comprehensive Housing Division which demonstrates that the tenant continues to meet the
requirements of section 4.4-1 and 4.4-7. If the tenant fails to continue meeting these
requirements, the Comprehensive Housing Division may begin eviction and termination
proceedings.
4.8-6. Ineligibility Due to Annual Update. Comprehensive Housing Division staff shall provide
tenants that become ineligible to participate in the income-based rent to own program based on a
renewal or update of household information with notice specifying the cause of the ineligibility.
(a) Ineligibility Due to Renewal. In circumstances where the tenant learns of ineligibility
as part of the annual renewal, Comprehensive Housing Division staff shall include in the
notice of ineligibility that renewal of the rent to own agreement is not available at such
time and that the tenant is entitled to a minimum of a thirty (30) day notice to cure, by
reinstating eligibility, or vacate.
(b) Ineligibility Due to an Update of Household Information. In circumstances where the
tenant learns of ineligibility as part of an update of household information,
Comprehensive Housing Division staff shall include in the notice of ineligibility the
warning of potential termination in accordance with the rent to own agreement. In the
event the tenant is unable to or fails reinstate their eligibility in accordance with the
timeline provided in the notice, the Comprehensive Housing Division shall permit the
tenant to remain in the unit for the longer of (1) the duration of the rental agreement or
(2) ninety (90) calendar days from the date of the notice of ineligibility.
(1) If the tenants’ circumstances result in the tenant completing the term of the
rental agreement, eligibility shall be reconsidered at the time of the annual
renewal. If the tenant remains ineligible at the time of renewal, article 2.8-6(a)
applies, excluding 2.8-6(a)(1).
(2) If the tenants’ circumstances result in the tenant receiving a thirty (30)
calendar day notice to cure or ninety (90) calendar day notice to vacate, the tenant
shall enter a limited term rental agreement to cover any time which exceeds the
current rental agreement.
(c) Limited Term Rental Agreements. Limited term rental agreements are available in
accordance with article 2.8-6(a)(1) and 2.8-6(b)(2) of these rules and section 710.9-4 of
the Landlord-Tenant law. At a minimum, limited term rental agreement shall include:
(1) The date of the original notice of ineligibility;
(2) An explanation that the tenant has thirty (30) calendar days to reinstate
eligibility;
(3) As applicable, an explanation that if eligibility is not timely reinstated, that the
limited term rental agreement takes the place of the thirty (30) calendar day notice
to cure or vacate required by the Eviction and Termination law; and
(4) An explanation that if eligibility is not timely reinstated, the rental unit will
be reclaimed with locks being changed on the ninety-first (91st) day from the date
of the original notice of ineligibility.
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4.9.
Rent to Own Agreement Cancellation
4.9-1. Two Week Notice Required. Tenants wishing to cancel a rent to own agreement are
requested to provide the Comprehensive Housing Division with a minimum of two (2) weeks of
notice.
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4.9-2. Prorated Rent. In the event of cancellation of a rent to own agreement or abandonment
of the rental premises, the Comprehensive Housing Division staff shall prorate the required last
month’s rent payment based upon the greater of the following:
(a) The number of calendar days the unit was occupied in the last month; or
(b) Two (2) weeks from the date of cancellation or the date the Comprehensive Housing
Division learns of abandonment.
End.
Original effective date:
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Summary Report for: Income Based Rent to Own Program Eligibility, Selection, and Other
Requirements
Original effective date:
N/A
Amendment effective date:
N/A
Name of Rule: Income Based Rent to Own Program Eligibility, Selection, and Other
Requirements
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Name of law being interpreted: Landlord‐Tenant Law
Rule Number: 4
Other Laws or Rules that may be affected:
Eviction and Termination
Brief Summary of the proposed rule: This rule provides program requirements including the
following:
The program’s eligibility requirements;
Application process and wait list requirements;
The process for tenant selection;
Requirements for setting rents;
The requirements related to rent to own loans, including financial hardship recovery
agreements and home improvement loans; and
The requirements for annual inspections, updates and agreement cancellation.
Statement of Effect:
See Attached.
Financial Analysis:
See Attached.
Note: In addition‐ the agency must send a written request to each entity which may be affected by the
rule‐ asking that they provide information about how the rule would financially affect them.
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The agency must include each entity’s response in the financial analysis. If the agency does not receive a
response within 10 business days after the request is made, the financial analysis can note which entities
did not provide a response.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Landlord-Tenant Rule No.4 – Income Based Rent to Own Program Eligibility, Selection and
Other Requirements
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Summary
This rule provides additional eligibility requirements, selection procedures and general
requirements that govern the Comprehensive Housing Division’s income-based homeownership
program.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Analysis by the Legislative Reference Office
The Landlord-Tenant law (“the Law”) confers administrative rulemaking authority to the
Comprehensive Housing Division and the Oneida Land Commission as authorized by the
Administrative Rulemaking law. [see Landlord-Tenant law section 611.4]. The Law states that
the Comprehensive Housing Division shall provide residential rental programs to low-income
members of the Nation and their families. [see Landlord-Tenant law section 611.4-1]. The
Oneida Land Commission and the Comprehensive Housing Division are required to jointly
establish rules naming said programs and providing the specific requirements and regulations
that apply to each program. [see Landlord-Tenant law section 611.4-1]. Additionally, the Land
Commission and the Comprehensive Housing Division are required to jointly develop rules
governing the selection of applicants for the issuance of rental agreements. [see Landlord-Tenant
law section 611.4-3]. Oneida Business Committee Resolution BC-10-12-16-D provides that for
purposes of this law, the Comprehensive Housing Division means the Oneida Housing Authority
for income-based rental agreements. The Law also provides where such rental requirements
relate solely to premises administered pursuant to federal funding, the Comprehensive Housing
Division has sole authority. Accordingly, the Comprehensive Housing Division has sole
rulemaking authority for these rules.
Landlord-Tenant Rule No. 4 - Income Based Rent to Own Program Eligibility, Selection and
Other Requirements (“the Rule”) provides additional eligibility requirements, selection
procedures and general requirements that govern the Comprehensive Housing Division’s
income-based homeownership program. The mission of the income-based homeownership
program is to offer members of the Nation homeownership opportunities without requiring credit
checks or down payments which offers payment plans that may include federal subsidy, is free of
interest, and with payment amounts based on household income.
The Rule conflicts with Oneida Business Committee Resolution BC-12-23-09-A, the Oneida
Housing Authority Admissions and Occupancy Policy (the “Policy”). [see Landlord-Tenant Rule
No. 4 section 4.4-5 and 4.4-6]. This resolution contains social eligibility criteria for Oneida
Housing Authority housing programs.
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One criteria used in the Policy is that debt owed to entities outside of the Oneida Housing
Authority is not considered when determining eligibility for Oneida Housing Authority housing
programs. The Rule conflicts with the Policy because the Rule does not allow an applicant for a
rental agreement to have a balance greater than two hundred dollars ($200) owed to any utility
provider and may not have any prior debt owed to the Comprehensive Housing Division, which
includes Elder Services and the Division of Land Management in addition to the Oneida Housing
Authority. [see Landlord-Tenant Rule No. 4 section 4.4-5].
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Another criteria used in the Policy is debt related evictions from a non-Oneida Housing
Authority entity are not allowed to be used to disqualify an applicant from participating in an
Oneida Housing Authority housing program. The Rule conflicts with the Policy because the Rule
states that an applicant that has had a rental agreement with the Comprehensive Housing
Division subject to an eviction and termination within two (2) years from the date of the
application is not eligible to participate in the income-based rent-to-own program. [see
Landlord-Tenant Rule No. 4 section 4.4-6]. The Rule looks at rental agreements subject to
evictions with the Division of Land Management and Elder Services in addition to just the
Oneida Housing Authority.
Conclusion
A conflict exists between this Rule and the Oneida Business Committee Resolution BC-12-2309-A, Oneida Housing Authority Admissions and Occupancy Policy.
The language in Resolution BC-12-23-09-A would apply to income based rent-to-own programs
in addition to other Oneida Housing Authority rental programs. It is recommended that either the
rule is amended or the resolution is amended or repealed to eliminate this conflict.
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Financial Analysis for: Income Based Rent to Own Program Eligibility, Selection, and
Other Requirements
Type of Cost
Start Up Costs
Personnel
Office
Description/Comment
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N/A – Home Ownership programs already exists. Rule
No. 4 modifies program administration
N/A – staff dedicated to home ownership program is
already in place
N/A – Current office configuration already
accommodates home ownership program
N/A – No additional costs projected to be different that
existing program
Documentation Costs
Estimate of time necessary
for an individual or agency
to comply with the rule after
implementation
Other, please explain
Rule No. 4, Section 4.7‐2(a) Payment Amount – Line
256.
Monthly plans will now offer a 15%, 20%, 25%, or 30%
of adjusted gross income payment, in addition to an
administrative fee.
Current plans offer a 15% of adjusted gross income
payment, including the administrative fee.
Changes in monthly payments plans will increase
program revenue. The amount is unknown due to
launching of a new program, and no immediate plans
to construct homes specifically for the Rent to Own
Program.
Rule No. 4, Section 4.7‐2(d) Federal Subsidy – Line 296.
The amount of federal subsidy is being standardized to
30% of the homes construction cost.
Standardizing the subsidy will increase program
revenue, generating program income that will be used
toward future construction for the program.
The amount of increased program revenue is unknown
due to launching of a new program and no immediate
plans to construct homes specifically for the Rent to
Own Program.
Dollar
Amount
$0.00
$0.00
$0.00
$0.00
N/A
Unknown
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Financial Comparison Model
Scenario – Current Model
New House Value = $280,000
Ghost Payment (Value/180 months) = $1,555
Min. Household Income $2,500 monthly
Payment =$375 ($275 principal & $100 admin.
Fee) ‐ 15% of adjusted monthly income.
15 year agreement satisfaction
Principal paid ‐ $49,500
Federal Subsidy = $230,500
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Scenario – New Program Model
New House Value = $280,000
Federal Subsidy = $84,000 (30% of cost)
Loan Amount – $196,000
Min. Household Income $2,500 monthly
Payment = $500 (20%) principal + $100 admin
fee
Principal paid = $196,000
Agreement satisfaction = 32.6 years
Program Benefits
No credit check
No interest
Federal Subsidy
Payments based on household income
Significant home owner total costs savings
over conventional mortgage
Total Annual Net Revenue
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NOTICE OF
PUBLIC MEETING
TO BE HELD
May 18, 2017 at 3:00 P.M.
IN THE
OBC Conference Room
2nd Floor, Norbert Hill Center
N7210 Seminary Road, Oneida, WI 54155
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In accordance with the Administrative Rulemaking Law, the Oneida
Housing Authority (OHA) is hosting this Public Meeting to gather feedback from the community regarding the following rule(s).
TOPIC: Landlord-Tenant Law Rule #4 —
Income Based Rent to Own Program
Eligibility, Selection & Other Requirements
This is a proposal to adopt a rule which would govern the rent to own
program by providing:
The program’s eligibility requirements;
Application process and wait list requirements;
The process for tenant selection ;
Requirements for setting rents;
The requirements related to rent to own loans, including
financial hardship recovery agreements and home improvement loans; and
The requirements for annual inspections, updates and agreement cancellation.
To obtain copies of the Public Meeting documents for this proposal,
please visit www.oneida-nsn.gov/Register/PublicMeetings.
PUBLIC COMMENT PERIOD
OPEN UNTIL May 25, 2017
During the Public Comment Period, all interested persons may
submit written comments and/or a transcript of any testimony/spoken
comments made during the Public Meeting. These may be submitted to
[Enter Authorized Agency Name Here] by U.S. mail, interoffice mail, email or fax.
Oneida Housing Authority
2913 Commissioner Street, Oneida, WI 54155
jhill7@oneidanation.org
Phone: 920-869-2227
FAX: 920-869-2836
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Title 6. Property and Land – Chapter 611
LANDLORD-TENANT
Rule # 4 – Income Based Rent to Own Program Eligibility,
Selection and Other Requirements
4.1. Purpose and Effective Date
4.2. Adoption and Authority
4.3. Definitions
4.4. Eligibility Requirements
4.5. Application Process and Wait List
4.6. Tenant Selection
4.7. Setting Rents
4.8. Annual Inspection and Background Check
4.9. Rent to Own Agreement Cancellation
4.1. Purpose and Delegation
4.1-1. Purpose. The purpose of this rule is to provide additional eligibility requirements,
selection procedures and general requirements that govern the Comprehensive Housing
Division’s income-based homeownership program.
The mission of the income-based
homeownership program is to offer Tribal members homeownership opportunities without
requiring credit checks or down payments which offers payment plans that may include federal
subsidy, is free of interest, and with payment amounts based on household income. It is always
the Comprehensive Housing Division’s policy to develop, maintain, and operate affordable
housing in safe, sanitary and healthy environments within the reservation.
4.1-2. Delegation. The Landlord-Tenant law delegated the Comprehensive Housing Division
and Land Commission joint rulemaking authority pursuant to the Administrative Rulemaking
law. However that delegation excluded the Land Commission from having joint authority where
the rules relate solely to premises administered pursuant to federal funding. Accordingly, the
Comprehensive Housing Division has sole rulemaking authority for these rules.
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4.2. Adoption and Authority
4.2-1. This rule was adopted by the Comprehensive Housing Division in accordance with the
procedures of the Administrative Rulemaking law.
4.2-2. This rule may be amended or repealed by the approval of the Comprehensive Housing
Division pursuant to the procedures set out in the Administrative Rulemaking law.
4.2-3. Should a provision of this rule or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this rule which are
considered to have legal force without the invalid portions.
4.2-4. In the event of a conflict between a provision of this rule and a provision of another rule,
internal policy, procedure or other regulation, the provisions of this rule control.
4.2-5. This rule supersedes all prior rules, regulations, internal policies or other requirements
relating to the Landlord-Tenant law, provided that tenants are currently subject to the Mutual
Help Agreement shall remain subject to the Mutual Help Agreement with this rule applying to all
future rent-to-own agreements entered into by the Comprehensive Housing Division.
4.3. Definitions
4.3-1. This section governs the definitions of words and phrases used within this rule. All
words not defined herein are to be used in their ordinary and everyday sense.
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(a) “Comprehensive Housing Division” means the entity responsible for housing matters
specifically related to rent-to-own agreements as defined by Oneida Business Committee
Resolution.1
(b) “Household” means all persons residing at the premises.
(c) “HUD” means the United States Department of Housing and Urban Development.
(b) “Landlord” means the Nation in its capacity to rent real property subject to a rental
agreement.
(c) “Nation” means the Oneida Nation.
(d) “Premises” means the property covered by a rent-to-own agreement, including not
only the real property and fixtures, but also any personal property furnished by the
landlord pursuant to a rental agreement.
(e) “Rent-to-Own Agreement” means a written contract between a landlord and a tenant,
whereby the tenant is granted the right to use or occupy the premises for a residential
purpose.
(f) “Tenant” means the person granted the right to use or occupy a premise pursuant to a
rental agreement.
(g) “Tribal member” means an enrolled member of the Nation.
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4.4.
Eligibility Requirements
4.4-1. Tribal Member Status. At least one (1) of the heads of household required to sign the
rent-to-own agreement is required to be a Tribal member. Comprehensive Housing Division
staff shall verify enrollment status by either requiring a copy of the Tribal Identification Card or
requesting verification from the Trust Enrollment Department.
4.4-2. Dependent Minor. In order to be eligible there must be a minimum of one (1) minor in
the household composition that is a full-time dependent of a head of household at the time of
application.
4.4-3. Maximum Income. Pursuant to NAHASDA, in order to be eligible for an income-based
rent-to-own agreement, the household must qualify as low income at the time of initial
occupancy. In order to qualify as low-income, applicants’ household income may not exceed
eighty percent (80%) of the regional gross annual income based on the data from Outagamie
County.2 For the purposes of this section, gross annual income is all income from any and all
sources of income from all adult members of the household anticipated to be received in an
upcoming twelve (12) month period unless specifically excluded from income in this section.
Applicants shall provide Comprehensive Housing Division staff written verification of income.
(a) For purposes of calculating income to determine eligibility, the Comprehensive
Housing Division staff shall include per capita payments to the extent that receipt of per
capita payment may be verified for the prior year based on the tax return.
(b) For the purpose of calculating income to determine eligibility, the Comprehensive
Housing Division staff shall include in annual income gross income from household
1
See BC Resolution 10-12-16-D providing that for purposes of the Landlord-Tenant law, the Comprehensive
Housing Division means the Division of Land Management for general rental agreements, the Oneida Housing
Authority for income-based rental agreements and Elder Services for rental agreements through the Elder Services
program.
2
Pursuant to resolution BC-01-25-12-A, Outagamie County is designated as the data source for collecting regional
gross income for determining low-income housing eligibility because the income in that area is generally higher
than Brown County’s and results in more persons being eligible based on the income requirements.
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assets where net household assets are defined in accordance with 24 CFR 5.603.3
(b) For purposes of calculating income to determine eligibility, the Comprehensive
Housing Division staff may not include the following:
(1) Income from employment of any household minors;
(2) Payments received for the care of foster children and/or handicapped/mentally
incompetent adults;
(3) Lump-sum additions to household assets including, but not limited to,
inheritances, insurance payments, capital gains, and settlements for personal
and/or property losses, excluding payments in lieu of earnings, such as
unemployment, disability compensation, worker’s compensation, and severance
pay, which are included in income;
(4) Amounts received by the household that is specifically for, or in
reimbursement of, the cost of medical expenses for any member of the household;
(5) Income of a live-in medical aide;
(6) Any amounts received as student financial assistance;
(7) Income of any adult household members that are students, other than the head
of household, in excess of $480 annually; the first $480 of annual income
received by an adult student household member shall be included as income;
(8) Payments made to any member of the household serving in the armed forces
for exposure to hostile fire;
(9) Amounts received under training programs funded by HUD;
(10) Amounts received by persons with disabilities, which amounts are
disregarded for a limited time for purposes of Supplemental Security Income
eligibility and benefits because such amounts are set aside for use under a Plan for
Achieving Self-Support;
(11) Temporary, nonrecurring and/or sporadic income (including gifts);
(12) Adoption assistance payments that exceed $480 annually; the first $480 of
annual adoption assistance payments shall be included as income;
(13) Deferred periodic amounts from supplemental security income and social
security benefits that are received in a lump sum amount or in prospective
monthly amounts;
(14) Amounts paid by a state agency to a member of the household with a
developmental disability to offset the cost of services and/or equipment needed to
keep the developmentally disabled member living in the household; and
(15) Amounts specifically excluded from income by any applicable federal statute
and/or regulation, specifically those identified in the Federal Register.4
4.4-4. Minimum Income. Applicants shall have a minimum income of $30,000 at the time of
application.
4.4-5. Outstanding Debts. Applicants for a rental agreement may not have a balance greater
than two hundred dollars ($200) owed to any utility provider and may not have any prior debt
owed to the Comprehensive Housing Division.
4.4-6. Prior Comprehensive Housing Division Eviction. Applicants that have had a rental
agreement with the Comprehensive Housing Division subject to an eviction and termination
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3
See HUD Occupancy Handbook, Exhibit 5-2: Assets.
The most rec
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