# Oneida Business Committee (2017) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aef737081fe0ee35b ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Open Packet Page 1 of 228 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 G D N E TI LL E EE C M N A C 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 Open Packet Page 2 of 228 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 G D N E TI LL E EE C M N A C 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 Page 2 of 6 pp. 166-180 Open Packet Page 3 of 228 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 G D N E TI LL E EE C M N A C 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 Open Packet Page 4 of 228 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: G D N E TI LL E EE C M N A C 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 Page 4 of 6 pp. 265-276 Open Packet Page 5 of 228 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 G D N E TI LL E EE C M N A C 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 Open Packet Page 6 of 228 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 G D N E TI LL E EE C M N A C 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 Page 6 of 6 Open Packet Page 7 of 228 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 G D N E TI LL E EE C M N A C 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 Open Packet Page 8 of 228 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. G D N E TI LL E EE C M N A C 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 Open Packet Page 9 of 228 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____________________________________________________~ G D N E TI LL E EE C M N A C 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 Open Packet Page 10 of 228 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. G D N E TI LL E EE C M N A C (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 Open Packet Page 11 of 228 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 G D N E TI LL E EE C M N A C 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 Open Packet Page 12 of 228 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 G D N E TI LL E EE C M N A C 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 Open Packet Page 13 of 228 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 G D N E TI LL E EE C M N A C 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 Page 14 of 228 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 G D N E TI LL E EE C M N A C 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 Open Packet Page 15 of 228 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 G D N E TI LL E EE C M N A C 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 1 of 14 Open Packet Page 16 of 228 DRAFT 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. G D N E TI LL E EE C M N A C 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 2 of 14 Open Packet Page 17 of 228 DRAFT 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) G D N E TI LL E EE C M N A C 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 3 of 14 Open Packet Page 18 of 228 DRAFT 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) G D N E TI LL E EE C M N A C 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 4 of 14 Open Packet Page 19 of 228 DRAFT 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 G D N E TI LL E EE C M N A C 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 5 of 14 Open Packet Page 20 of 228 DRAFT 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 G D N E TI LL E EE C M N A C 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 6 of 14 Open Packet Page 21 of 228 DRAFT 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) G D N E TI LL E EE C M N A C 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 7 of 14 Open Packet Page 22 of 228 DRAFT 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) G D N E TI LL E EE C M N A C 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 8 of 14 Open Packet Page 23 of 228 DRAFT 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 G D N E TI LL E EE C M N A C 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: Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 9 of 14 Open Packet Page 24 of 228 DRAFT 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. G D N E TI LL E EE C M N A C 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: Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 10 of 14 Open Packet Page 25 of 228 DRAFT Ayes: Not Present: Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster Tina Danforth, Trish King, Brandon Stevens G D N E TI LL E EE C M N A C 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. Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 11 of 14 Open Packet Page 26 of 228 DRAFT 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 G D N E TI LL E EE C M N A C 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. Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 12 of 14 Open Packet Page 27 of 228 DRAFT 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. G D N E TI LL E EE C M N A C 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 24, 2017 Page 13 of 14 Open Packet Page 28 of 228 DRAFT 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 G D N E TI LL E EE C M N A C 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 Page 29 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 G D N E TI LL E EE C M N A C 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. G D N E TI LL E EE C M N A C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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. Open Packet Page 31 of 228 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 G D N E TI LL E EE C M N A C 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 G D N E TI LL E EE C M N A C 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 G D N E TI LL E EE C M N A C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 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. Open Packet Page 34 of 228 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- G D N E TI LL E EE C M N A C 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 Open Packet Page 35 of 228 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. G D N E TI LL E EE C M N A C 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 a. SURVIVING SPOUSE PERSON DECEASED c. PARENTS e. GRANDPARENTS a./b. CHILDREN d. BROTHERS f-1 UNCLES AUNTS b-1 GRANDCHILDREN d-1 NEPHEW S NIECES f-2 FIRST COUSINS b-2 GREAT GRANDCHILDREN d-2 GRAND NEPHEW S NIECES f-3 FIRST COUSINS ONCE REMOVED b-3 SUCCEEDING GENERATIONS d-3 GREAT GRAND NEPHEW S NIECES f-4 FIRST COUSINS TW ICE REMOVED d-4 SUCCEEDING GENERATIONS f-5 FIRST COUSINS THRICE REMOVED f-6 SUCCEEDING GENERATIONS 133 134 135 136 137 138 (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. G D N E TI LL E EE C M N A C 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 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. G D N E TI LL E EE C M N A C 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 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. G D N E TI LL E EE C M N A C 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 G D N E TI LL E EE C M N A C 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 G D N E TI LL E EE C M N A C 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 G D N E TI LL E EE C M N A C 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. G D N E TI LL E EE C M N A C 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 G D N E TI LL E EE C M N A C 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 G D N E TI LL E EE C M N A C Open Packet Page 45 of 228 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 G D N E TI LL E EE C M N A C 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. G D N E TI LL E EE C M N A C 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1 2 3 4 5 6 7 8 9 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. Page 1 of 11 Open Packet Page 47 of 228 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. G D N E TI LL E EE C M N A C 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 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. Page 2 of 11 Open Packet Page 48 of 228 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 G D N E TI LL E EE C M N A C 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 3 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. 4 Page 3 of 11 Open Packet Page 49 of 228 Draft 2 – For Certification 2017 06 07 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. G D N E TI LL E EE C M N A C 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 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. Page 4 of 11 Open Packet Page 50 of 228 Draft 2 – For Certification 2017 06 07 (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 whic [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aef737081fe0ee35b. Public record. Not legal advice.