Oneida Business Committee (2021)

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Public Packet

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, April 28, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and

present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.

NOTICE

In accordance with the OBC Virtual meeting standard operating procedure, due to the Public

Health State of Emergency the OBC meeting will be held virtually through Microsoft Teams and

therefore be closed to the public. Any person who has comments or questions regarding open

session items may submit them to TribalSecretary@oneidanation.org no later than the close of

business the day before the OBC meeting. Any comments or questions received shall be noticed

to the OBC and entered into the record as a handout by the Business Committee Support Office. A

recording of the virtual meeting shall be made available on the Nation’s website.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

Anna John Resident Centered Care Community Board - Kristin Jorgenson-Dann and

Beverly Anderson

Sponsor: Lisa Liggins, Secretary

Oneida Nation Arts Board - Kent Hutchison, Kelli Strickland, and Frances Brigham

Sponsor: Lisa Liggins, Secretary

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VII.

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MINUTES

Approve the April 14, 2021, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Approve the March 24, 2021, regular Business Committee meeting minutes pending

adding the audio markers

Sponsor: Lisa Liggins, Secretary

RESOLUTIONS

Adopt resolution entitled Emergency Amendments to the Pardon and Forgiveness

Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Emergency Amendments to the Election Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Safely Scheduling General Tribal Council Meetings COVID-19 Health Risk Impacts

Sponsor: Lisa Liggins, Secretary

Adopt resolution entitled Proclamation of May 5th as a Day of Awareness for

Missing and Murdered Indigenous Women (MMIW)

Sponsor: Jennifer Webster, Councilwoman

STANDING COMMITTEES

FINANCE COMMITTEE

Accept the April 5, 2021, regular Finance Committee meeting minutes

Sponsor: Tina Danforth, Treasurer

Accept the April 19, 2021, regular Finance Committee meeting minutes

Sponsor: Tina Danforth, Treasurer

LEGISLATIVE OPERATING COMMITTEE

Accept the April 7, 2021, regular Legislative Operating Committee meeting

minutes

Sponsor: David P. Jordan, Councilman

Adopt the Pardon and Forgiveness Screening Committee bylaws

amendments

Sponsor: David P. Jordan, Councilman

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TRAVEL REQUESTS

IX.

Approve an exception to the Stay Safer at Home declaration for the travel request

from Kerry Metoxen - County Veterans Services Officers Association of Wisconsin

Spring Conference- Kalahari Resorts - Wisconsin Dells, WI - June 6-11, 2021

Sponsor: Tina Jorgenson, Division Director/Governmental Services

NEW BUSINESS

Approve the Oneida Trust Enrollment Committee Oneida Business Committee

memorandum of agreement

Sponsor: Keith Doxtator, Director, Trust Enrollment Department

Considerations regarding the Budget Management and Control Law

Sponsor: Lisa Liggins, Secretary

Accept the Kunhi-yó "I'm Healthy" event notice and request BC members to provide

an opening each day

Sponsor: Lisa Liggins, Secretary

Review and enter into the record - the Oneida Nation School System employment

form - Administrator contract – file # 2021-0131

Sponsor: Aaron Manders, Chairman/Oneida Nation School Board

Review and enter into the record - the Oneida Nation School System employment

form - Employee contract – file # 2021-0132

Sponsor: Aaron Manders, Chairman/Oneida Nation School Board

Review and enter into the record - the Oneida Nation School System employment

form - Food Service contract – file # 2021-0133

Sponsor: Aaron Manders, Chairman/Oneida Nation School Board

Review and enter into the record - the Oneida Nation School System employment

form - Superintendent contract – file # 2021-0134

Sponsor: Aaron Manders, Chairman/Oneida Nation School Board

Enter the e-poll results into the record regarding the authorization for the Chairman

to sign the National Native American Boarding School Healing Coalition letter to the

Catholic Church

Sponsor: Lisa Liggins, Secretary

Enter the e-poll results into the record regarding the approval to transfer of the GM

level of sign-off to Secretary, as primary, and to Chair or Vice-Chair, as back-up

Sponsor: Lisa Liggins, Secretary

Enter e-poll results into the record regarding the approval of nomination and letter

for Councilman Daniel Guzman King to serve on the U.S. Environmental Protection

Agency's Local Government Advisory Committee

Sponsor: Lisa Liggins, Secretary

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EXECUTIVE SESSION

REPORTS

Accept the March 2021 Treasurer's report (11:00 a.m.)

Sponsor: Tina Danforth, Treasurer

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Accept the Chief Financial Officer April 2021 report

Sponsor: Larry Barton, Chief Financial Officer

Accept the Intergovernmental Affairs, Communications, and Self-Governance

April 2021 report

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

AUDIT COMMITTEE

Accept the March 18, 2021, regular Audit Committee meeting minutes

Sponsor: David P. Jordan, Councilman

Accept the Complimentary Services or Items compliance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Three Card Poker Rules of Play compliance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the BC Members Credit Card Activity operational audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Anna John Resident Centered Care Community performance

assurance audit and lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Eco-Services performance assurance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Finance Administration performance assurance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Natural Resources performance assurance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the OGE/Thornberry Creek follow up to RSM Audit of FY2018 audit

and lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

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XI.

UNFINISHED BUSINESS

Accept the HR Area Manager's follow up report regarding the process for

layoffs, furloughs, and recalls (9:45 a.m.)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Accept the update regarding the draft Comprehensive Health COVID-19

Spending Plan (10:00 a.m.)

Sponsor: Debra Danforth & Ravinder Vir/Director/Comprehensive Health

NEW BUSINESS

Accept the April 5, 2021, regular OBC Officer meeting notes

Sponsor: Jessica Vandekamp, Employee Relations Representative

Review the draft recommendation from the Community/Public Health Officer

regarding the Nation's Public Health State of Emergency (10:30 a.m.)

Sponsor: Lisa Liggins, Secretary

Determine next steps regarding the Oneida MIS Assessment (1:30 p.m.)

Sponsor: Lisa Liggins, Secretary

Enter the e-poll results into the record regarding the approved attorney

contract with Arlinda Locklear, contract # 2021-0204

Sponsor: Lisa Liggins, Secretary

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364

or (800) 236-2214

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Anna John Resident Centered Care Community Board - Kristin Jorgenson-Dann and Beverly Anderson

Business Committee Agenda Request

1. Meeting Date Requested:

04/28/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☒ Other: Memo

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☐ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Brooke Doxtator, BCC Supervisor

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

BDOXTAT1

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Business Committee Agenda Request – Cover Memo

From:

Brooke Doxtator, BCC Supervisor

Date:

4/19/2021

RE:

Oaths of Office for Anna John Resident Centered Care Community Board

PURPOSE

The Boards, Committees, and Commissions law section 105.9-1 states “all appointed and

elected positions are official upon taking an oath during a regular or special Oneida Business

Committee meeting or at an alternative time and location as determined by the Secretary.”

BACKGROUND

On April 14, 2021 the Oneida Business Committee appointed Kristin Jorgenson-Dann and

Beverly Anderson to the Anna John Resident Centered Care Community Board.

REQUESTED ACTION

Administer oath of office to Kristin Jorgenson-Dann and Beverly Anderson.

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Oneida Nation Arts Board - Kent Hutchison, Kelli Strickland, and Frances Brigham

Business Committee Agenda Request

1. Meeting Date Requested:

04/28/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☒ Other: Memo

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☐ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Brooke Doxtator, BBC Supervisor

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CWILSON1

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Business Committee Agenda Request – Cover Memo

From:

Brooke Doxtator, BCC Supervisor

Date:

4/22/2021

RE:

Oaths of Office for Oneida Nation Arts Board

PURPOSE

The Boards, Committees, and Commissions law section 105.9-1 states “all appointed and

elected positions are official upon taking an oath during a regular or special Oneida Business

Committee meeting or at an alternative time and location as determined by the Secretary.”.

BACKGROUND

On April 14, 2021 the Oneida Business Committee appointed Kent Hutchison, Kelli Strickland,

and Frances Brigham to the Oneida Nation Arts Board

REQUESTED ACTION

Administer oath of office to Kent Hutchison, Kelly Strickland, and Frances Brigham

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Approve the April 14, 2021, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

04/28/21

2. General Information:

Session:

☐ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☐ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CWILSON1

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DRAFT

Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, April 14, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council

members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster;

Not Present: Treasurer Tina Danforth;

Arrived at: n/a;

Others present: Jo Anne House, Larry Barton, Danelle Wilson (via Microsoft Teams1), Geraldine

Danforth (via Microsoft Teams), Clorissa Santiago, Kristen Hooker, Jessica Vandekamp (via Microsoft

Teams), Brooke Doxtator (via Microsoft Teams), Debbie Melchert (via Microsoft Teams), Aliskwet Ellis

(via Microsoft Teams), Rae Skenandore (via Microsoft Teams), Melanie Burkhart (via Microsoft Teams),

Melinda J. Danforth (via Microsoft Teams), Lori Elm (via Microsoft Teams), Chad Wilson;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:31 a.m.

For the record: Treasurer Tina Danforth is on vacation.

II.

OPENING (00:00:10)

Opening provided by Councilman Kirby Metoxen.

Special recognition for years of service

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Special recognition for years of service by Tehassi Hill of the following individuals: 45 years of service Celestine M. Denny; 30 years of service - Jacqueline M. Smith, Reese E. Hill, Victoria L. Blaker; 25

years of service - Gunladunt Webster, Barbara J. Truttmann, Emilie J. Jordan, Lisa M. Bigfire, Victoria

L. Kruger, Ricky J. Fuss, Evan S. Doxtater, Geraldine C. Parker, Tina A. Lagest, Debra J. Leclaire,

Kenneth P. Cornelius;

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings

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DRAFT

III.

ADOPT THE AGENDA (00:03:28)

Motion by Lisa Liggins to approve the agenda with one (1) addition and one (1) deletion [1) add item

IV.4.D. Adopt resolution entitled Oneida Nation Assistance Fund; 2) delete item IX.D.5. Approve the

Human Resource General Manager job description and assign a sub-team to complete the hiring

process], seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

IV.

RESOLUTIONS

Adopt resolution entitled Extension of the Waiver of the Application Fee under the

Pardon and Forgiveness Law for Fiscal Year 2022 (00:05:18)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lisa Liggins to adopt resolution entitled Extension of the Waiver of the Application Fee under

the Pardon and Forgiveness Law for Fiscal Year 2022, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Adopt resolution entitled Authorization of Boards, Committees and Commissions

to Meet and Superseding the Temporary Closure (00:06:04)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lisa Liggins to adopt resolution entitled Authorization of Boards, Committees and

Commissions to Meet and Superseding the Temporary Closure status with one (1) noted change

adding the effective date of June 14, 2021, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Motion by Lisa Liggins to approve the implementation of the Oneida Pow-wow Committee pilot project,

previously approved on February 12, 2020 for an additional one-year period, seconded by David P.

Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Adopt resolution entitled 2021 Summer Tribal Youth Program (00:26:53)

Sponsor: Patrick Pelky, Division Director EHSL&A

Motion by Lisa Liggins to adopt resolution entitled 2021 Summer Tribal Youth Program with one (1)

noted change to line one (1) adding grant application to the title, seconded by Jennifer Webster.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

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DRAFT

D..

Adopt resolution entitled Oneida Nation Assistance Fund (00:29:40); (01:19:02)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to approve the Oneida Nation Assistance Fund with the noted change to

Line 45 [change from, "...between 18 to 61 years of...", change to, "...age 18 or over..."] seconded by

Lisa Liggins. Motion withdrawn.

Motion by Lisa Liggins to defer this item until after executive session noting the resolution will be

brought back with three (3) additional considerations, [1) the correction to line 45 [change from,

"...between 18 to 61 years of...", change to, "...age 18 or older..."]; 2) noting the LOCs considerations

for possible garnishments moving forward; 3) CFO’s comments regarding Treasury guidance for the 65

and over payment.], seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Motion by Lisa Liggins to adopt the resolution entitled Oneida Nation Assistance Fund noting an

updated resolution was provided, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Item V.A. was addressed next

APPOINTMENTS

Determine next steps regarding four (4) vacancies - Oneida Nation Arts Board

(00:48:27); (01:19:43)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to defer this item until after executive session, seconded by Jennifer Webster.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Motion by Lisa Liggins to appoint Kent Hutchison and Kelly Strickland to the Oneida Nation Arts Board

with a term end date of March 31, 2023 and appoint Frances Brigham to the Oneida Nation Arts Board

with a term end date of March 31, 2024 and to repost the remaining vacancy, seconded by Kirby

Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Item V.B. was addressed next

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DRAFT

Determine next steps regarding four (4) vacancies - Anna John Resident Centered

Care Community Board (00:49:00); (01:20:36)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to defer this item until after executive session, seconded by Marie Summers.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Motion by Lisa Liggins to appoint Kristin Jorgenson-Dann and Beverly Anderson to the Oneida Nation

Anna John Resident Centered Care Community Board with a term end date of July 31, 2023 and to

post the remaining vacancies, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Item IX.A.1. was addressed next

VI.

STANDING COMMITTEES

LEGISLATIVE OPERATING COMMITTEE

Accept the March 3, 2021, regular Legislative Operating Committee meeting

minutes (00:49:24)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the March 3, 2021, regular Legislative Operating Committee

meeting minutes, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Adopt the Oneida Nation Standard Operating Procedure entitled Oneida General

Welfare Law - Adoption of an Approved Program (00:49:50)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to adopt the Oneida Business Committee standard operating procedure entitled

Oneida General Welfare Law - Adoption of an Approved Program and direct the Secretary to finalize

the SOP and publish, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Approve the Audit Committee bylaws amendments (00:52:00)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to adopt the Audit Committee bylaws amendments, seconded by David P.

Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

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DRAFT

QUALITY OF LIFE COMMITTEE

Accept the February 18, 2021, regular Quality of Life meeting minutes (00:57:31)

Sponsor: Marie Summers, Councilwoman

Motion by Jennifer Webster to accept the February 18, 2021, regular Quality of Life meeting minutes,

seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

VII.

NEW BUSINESS

Determine next steps regarding quorum for the Pardon and Forgiveness

Screening Committee (00:58:04)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to adopt the three (3) requested actions in memorandum dated April 7,

2021 [1) amend the by-laws of the Pardon and Forgiveness Screening Committee, section 1-5(a) that

all alternates, as specifically identified in subsections 1-5(a)(1)(A-C), are now members and shall be

eligible to make up the three person quorum requirement in section 3-5, and that such amendments

shall remain in place until rescinded by the Oneida Business Committee or the by-laws are amended;

2) direct the Pardon and Forgiveness Screening Committee to meet as soon as possible to address

existing applications; 3) direct the Legislative Operating Committee to develop emergency

amendments to 126.8 of the Pardon and Forgiveness Law to allow a virtual hearing to be scheduled as

soon as possible regarding the existing applications to avoid further delay for the April 28, 2021 Oneida

Business Committee meeting], seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Approve the Community Health Department request to post one (1) grant funded

limited term position for one (1) Stroke Prevention Wellness Coach (01:01:36)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Motion by Jennifer Webster to approve the Community Health Department request to post one (1)

grant funded limited term position for one (1) Stroke Prevention Wellness Coach, seconded by Marie

Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Approve the Family Services Department request to post two (2) grant funded

positions for one (1) Social Worker/Case Manager and one (1) Case Aide (01:02:39)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Motion by Lisa Liggins to approve the Family Services Department request to post two (2) grant funded

positions for one (1) Social Worker/Case Manager and one (1) Case Aide, seconded by Kirby

Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

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DRAFT

Accept the notice that Councilman Kirby Metoxen has been confirmed as VicePresident of the Native American Tourism of Wisconsin Board (01:05:27)

Sponsor: Kirby Metoxen, Councilman

Motion by David P. Jordan to accept the notice that Councilman Kirby Metoxen has been confirmed as

Vice-President of the Native American Tourism of Wisconsin Board, seconded by Marie Summers.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Abstained:

Kirby Metoxen

Not Present:

Tina Danforth

Accept the notice that Councilwoman Jennifer Webster has been appointed as

primary delegate for the Bemidji area of the Administration for Children and

Families, Tribal Advisory Committee (01:06:32)

Sponsor: Jennifer Webster, Councilwoman

Motion by David P. Jordan to accept the notice that Councilwoman Jennifer Webster has been

appointed as primary delegate for the Bemidji area of the Administration for Children and Families,

Tribal Advisory Committee, seconded by Lisa Liggins. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Abstained:

Jennifer Webster

Not Present:

Tina Danforth

Enter e-poll results into the record regarding the adopted BC resolution # 03-1921-A (01:07:12)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to enter the e-poll results into the record regarding the adopted BC

resolution # 03-19-21-A, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Enter e-poll results into the record regarding the approved request for an

exception to BC Resolution 12-31-20-A to post the Family Court Judge position for

all applicants (01:07:34)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to enter the e-poll results into the record regarding the approved request for

an exception to BC Resolution 12-31-20-A to post the Family Court Judge position for all applicants,

seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

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DRAFT

VIII.

GENERAL TRIBAL COUNCIL

Approve four (4) requested actions - Petitioner Lori Elm re: Real Property law

Eviction and Termination (01:08:02)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to approve the four (4) requested actions [1) To acknowledge receipt of

the petition from Lori Elm regarding Real Property Law Eviction and Termination; 2) To assign the

petition to the next available GTC meeting agenda for consideration; 3) To direct the BC Direct Report

Offices to complete and submit their administrative impact statements of the petition to the

TribalSecretary mailbox by Wednesday, May 5, 2021. 4) To direct the Law, Finance, and Legislative

Reference Offices to complete, respectively, the legal review, fiscal impact statement, and statement of

effect with status updates to be submitted for the June 9, 2021, regular Business Committee meeting

agenda and the first BC meeting of the month thereafter or until the final documents are submitted],

seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

IX.

EXECUTIVE SESSION (01:18:20)

Motion by Lisa Liggins to go into executive session at 9:49 a.m., seconded by David P. Jordan. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Motion by Lisa Liggins to come out of executive session at 11:35 a.m., seconded by David P. Jordan.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Item IV.D. was addressed next

REPORTS

Accept the Chief Council Report (01:21:16)

Sponsor: Jo Anne House, Chief Counsel

Motion by Jennifer Webster to accept the Chief Council Report, seconded by Marie Summers. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

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AUDIT COMMITTEE

Accept the February 18, 2021, regular Audit Committee meeting minutes

(01:21:29)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the February 18, 2021, regular Audit Committee meeting minutes,

seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Accept the Mississippi Stud compliance audit and lift the confidentiality

requirement (01:21:46)

Sponsor: David P. Jordan, Councilman

Motion by Marie Summers to accept the Mississippi Stud compliance audit and lift the confidentiality

requirement, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

UNFINISHED BUSINESS

Accept the Complaint Process for Finance SOP as information (01:22:04)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to accept the Complaint Process for Finance SOP as information, seconded by

David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Accept the HR Area Manager's follow-up report regarding the process for

layoffs, furloughs, and recalls (01:22:20)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Motion by David P. Jordan to accept the discussion regarding the HR Area Manager's follow-up report

as information and defer the report to the April 28, 2021, regular Business Committee meeting agenda,

seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

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NEW BUSINESS

Review applications for four (4) vacancies - Oneida Nation Arts Board (01:22:41)

Sponsor: Lisa Liggins, Secretary

Motion by Kirby Metoxen to accept the discussion regarding three (3) vacancies - Oneida Nation Arts

Board, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Review applications for four (4) vacancies - Anna John Resident Centered Care

Community Board (01:23:04)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to accept the discussion regarding four (4) vacancies - Anna John Resident

Centered Care Community Board, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Determine next steps regarding the amendment of file # 2020-0464 (01:23:23)

Sponsor: Jessica Vandekamp, Employee Relations Representative

Motion by David P. Jordan to approve the extension of employment agreement and authorize the

Chairman to sign agreement, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

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Enter the e-poll results into the record regarding the approved letter of intent to

renegotiate the agreement with Greater Green Bay Convention and Visitors

Bureau (01:23:57)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to enter the e-poll results into the record regarding the approved letter of

intent to renegotiate the agreement with Greater Green Bay Convention and Visitors Bureau,

seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

ADJOURN (01:24:12)

Motion by Lisa Liggins to adjourn at 11:40 p.m., seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

Minutes prepared by Chad Wilson, Senior Information Management Specialist.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

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Approve the March 24, 2021, regular Business Committee meeting minutes pending adding the audio...

Business Committee Agenda Request

1. Meeting Date Requested:

04/28/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☐ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CWILSON1

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, March 24, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Tina Danforth, Secretary

Lisa Liggins, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Summers;

Not Present: Councilwoman Jennifer Webster;

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Danelle Wilson (via Microsoft Teams1); Debbie

Thundercloud (via Microsoft Teams), Melinda J. Danforth (via Microsoft Teams), Candice Skenandore

(via Microsoft Teams), Melissa Nuthals (via Microsoft Teams), Brandon Wisneski (via Microsoft Teams),

Pat Pelkey (via Microsoft Teams), Debbie Danforth (via Microsoft Teams), Dr. Vir (via Microsoft Teams),

Mercie Danforth (via Microsoft Teams), Tina Jorgenson (via Microsoft Teams), Renita Hernandez (via

Microsoft Teams), Jason Doxtator (via Microsoft Teams), Eric Bristol (via Microsoft Teams), Donald

DeChamps (via Microsoft Teams), Don Miller (via Microsoft Teams), Jackie Smith (via Microsoft Teams),

Melanie Burkhart (via Microsoft Teams), Susan House (via Microsoft Teams), Lori Hill (via Microsoft

Teams), Loucinda Conway (via Microsoft Teams), Kaylynn Gresham (via Microsoft Teams), Geraldine

Danforth (via Microsoft Teams), Rae Skenandore (via Microsoft Teams), Louise Cornelius (via Microsoft

Teams), Chad Fuss (via Microsoft Teams), Jennifer Berg-Hargrove (via Microsoft Teams), Jessica

Vandekamp;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:33 a.m.

For the record: Councilwoman Jennifer Webster is excused.

II.

OPENING

Opening provided by Councilman Kirby Metoxen.

III.

ADOPT THE AGENDA

Motion by David P. Jordan to adopt the agenda with three (3) additions [1) add item VII.F. Accept the

organizational chart and re-open report; 2) add item VIII.A.3. Accept the Chief Counsel report; and 3)

add item VIII.A.4. Accept the General Manager report], seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings

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IV.

MINUTES

Approve the March 2, 2021, special Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to approve the March 2, 2021, special Business Committee meeting minutes,

seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Marie Summers

Abstained:

David P. Jordan, Brandon Stevens

Not Present:

Jennifer Webster

Approve the March 10, 2020, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to approve the March 10, 2021, regular Business Committee meeting

minutes, seconded by Lisa Liggins. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

RESOLUTIONS

Approve resolution entitled Amendments to the Oneida Airport Hotel Corporation

Bylaws

Sponsor: Kirby Metoxen, Councilman

Motion by Daniel Guzman King to adopt resolution 03-24-21-A Amendments to the Oneida Airport

Hotel Corporation Bylaws, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

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VI.

STANDING COMMITTEES

COMMUNITY DEVELOPMENT PLANNING COMMITTEE

Accept the January 7, 2021, regular Community Development Planning

Committee meeting minutes

Sponsor: Brandon Stevens, Vice-Chairman

Motion by Lisa Liggins to accept the January 7, 2021, regular Community Development Planning

Committee meeting minutes, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

Accept the February 4, 2021, regular Community Development Planning

Committee meeting minutes

Sponsor: Brandon Stevens, Vice-Chairman

Motion by David P. Jordan to accept the February 4, 2021, regular Community Development Planning

Committee meeting minutes, seconded by Lisa Liggins. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

FINANCE COMMITTEE

Accept the March 1, 2021, regular Finance Committee meeting minutes

Sponsor: Tina Danforth, Treasurer

Motion by Kirby Metoxen to accept the March 1, 2021, regular Finance Committee meeting minutes,

seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

Accept the March 15, 2021, regular Finance Committee meeting minutes

Sponsor: Tina Danforth, Treasurer

Motion by Brandon Stevens to accept the March 15, 2021, regular Finance Committee meeting

minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

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VII.

NEW BUSINESS

Post one (1) vacancy - Oneida Trust Enrollment Committee

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to post one (1) vacancy for the Oneida Trust Enrollment Committee,

seconded by Lisa Liggins. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

Post ten (10) vacancies for alternates for 2021 Special Election - Oneida Election

Board

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to post ten (10) vacancies Oneida Election Board alternates for the 2021

Special Election, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

Determine next steps regarding the request from the Oneida Election Board for

emergency amendments to the Election law

Sponsor: Candance House, Chairwoman/Election Board

Motion by Lisa Liggins to send the request from the Oneida Election Board for emergency

amendments to the Election law to the Legislative Operating Committee for consideration, seconded

by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

Approve the Family Services request to post two (2) grant funded positions for

one (1) Community Advocate (Women's Domestic Abuse) and one (1) Community

Advocate (Prevention)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Motion by Lisa Liggins to approve the request from Family Services to post two (2) grant funded

positions for one (1) Community Advocate (Women's Domestic Abuse) and one (1) Community

Advocate (Prevention), seconded by Daniel Guzman King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

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Review the Cage/Vault/Kiosk Chapter 10 Minimum Internal Controls and determine

appropriate next steps

Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission

Motion by Lisa Liggins to accept the notice of the OGMICs Chapter 10 Cage/Vault/Kiosk approved by

the Oneida Gaming Commission on March 15, 2021, and direct notice to the Gaming Commission

there are no requested revisions under section 501.6-14(d), seconded by David P. Jordan. Motion

carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

Accept the organizational chart and re-opening plans

Sponsor: Debbie Thundercloud, General Manager

Motion by Lisa Liggins to accept the organizational chart update and re-opening plans and forward this

item to be a standing item on the BC Work Session agenda for any future updates and clarifications,

seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens

Opposed:

Kirby Metoxen

Abstained:

Marie Summers

Not Present:

Jennifer Webster

For the record: Councilman Kirby Metoxen stated I'm just opposed because I didn't even get a chance

to look at the whole report. It was a handout.

For the record: Treasurer Tina Danforth stated I would just like to say I did support this mainly as

information because I know I've asked a couple times for an update on the restructuring and this is the

first I've seen of it in over six months. I'm appreciative of the fact we have something now. I think it's

vitally important as we're going through a transition phase. I appreciate the help that staff have done

to put this together and I'm looking forward to more detail especially around staffing. We're in the

process also of doing staffing levels, and it would have been helpful to see some staffing levels in this

report as well.

Motion by Lisa Liggins to direct the General Manager, Project Coordinator, and Intergovernmental

Affairs Director to work together to get this information posted on the Nation's website, seconded by

David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

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VIII.

EXECUTIVE SESSION

Motion by David P. Jordan to go into executive session at 9:13 a.m., seconded by Marie Summers.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Not Present:

Jennifer Webster

The Oneida Business Committee, by consensus, recessed at 11:55 a.m. to 1:30 p.m.

Meeting called to order by Chairman Tehassi Hill at 1:34 p.m.

Roll call for the record:

Present: Councilman Daniel Guzman King; Chairman Tehassi Hill; Councilman David P. Jordan;

Secretary Lisa Liggins; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Council

Member Marie Summers;

Not Present: Treasurer Tina Danforth; Councilwoman Jennifer Webster;

Treasurer Tina Danforth left at 3:00 p.m.

Motion by Lisa Liggins to come out of executive session at 5:15 p.m., seconded by Marie Summers.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

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REPORTS

Accept the Intergovernmental Affairs, Communications, and Self-Governance

March 2021 report

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by Lisa Liggins to accept the Intergovernmental Affairs, Communications, and Self-Governance

March 2021 report, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Motion by Lisa Liggins to assign Secretary Lisa Liggins, with Councilman Daniel Guzman King as

alternate, to attend the State Budget Virtual Hearing on April 28, 2021, at 10:00 a.m., seconded by

Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Motion by Lisa Liggins to approve the bilateral amendment, authorize the Chairman to sign the bilateral

amendment, and direct Self-Governance to submit the signed bilateral amendment to Indian Health

Service, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Motion by Kirby Metoxen to authorize the Chairman to sign the Purchase & Referred Care

Investigation and corrective action letter, and direct Self-Governance to submit the letter to Indian

Health Service, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Motion by Lisa Liggins to support Gaming's employee appreciation plan; direct all BC Direct Reports,

except for the Gaming General Manager, to implement employee recognition for the week of April 5,

2021, noting that Gaming's employee appreciation plan is already in place and noting that

Intergovernmental Affairs and Communications and Secretary will coordinate this directive; and send

the discussion regarding organization-wide employee recognition/incentives to the April 20, 2021, BC

Work Session for further discussion, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

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Accept the February 2021 Treasurer's report

Sponsor: Tina Danforth, Treasurer

Motion by Kirby Metoxen to accept the February 2021 Treasurer's report, seconded by David P.

Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Motion by Kirby Metoxen to accept the Chief Counsel report, seconded by David P. Jordan. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Motion by David P. Jordan to direct a contract with attorney Locklear be brought to the April 14, 2021,

regular Business Committee for legal services related to land claims legislative options, seconded by

Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Motion by Lisa Liggins to waive any conflict that may exist with Attorney Locklear as identified in

today's Chief Counsel executive session report, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Accept the General Manager report

Sponsor: Debbie Thundercloud, General Manager

Motion by David P. Jordan to accept the General Manager report, seconded by Lisa Liggins. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

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NEW BUSINESS

Accept the March 1, 2021, regular OBC Officer meeting notes

Sponsor: Jessica Vandekamp, Employee Relations Representative

Motion by Kirby Metoxen to accept the March 1, 2021, regular OBC Officer meeting notes, seconded

by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Approve one (1) relinquishment

Sponsor: Debbie Danforth, Chairwoman/Oneida Trust Enrollment Committee

Motion by David P. Jordan to approve one (1) relinquishment, seconded by Kirby Metoxen. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Approve a limited waiver of sovereign immunity - Green Bay Packers

Sponsorship Agreement - file # 2021-0030

Sponsor: Louise Cornelius, Gaming General Manager

Motion by David P. Jordan to approve a limited waiver of sovereign immunity - Green Bay Packers

Sponsorship Agreement - file # 2021-0030, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Approve two (2) actions regarding the Family Court Judge resignation - file #

2016-1106

Sponsor: Jessica Vandekamp, Employee Relations Representative

Motion by David P. Jordan to accept the resignation of Marcus Zelenski with an end date of June 9,

2021- file # 2016-1106, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Motion by Lisa Liggins to assign Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Councilman

David P. Jordan, and Councilwoman Marie Summers to a sub-team to hire a new Family Court Judge

in accordance with SOP, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

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Determine next steps regarding the transition for BC DR08

Sponsor: Jessica Vandekamp, Employee Relations Representative

Motion by Lisa Liggins to forward the transition for BC DR08 to special Business Committee meeting to

be scheduled the week of April 5, 2021, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Review request and determine next steps - Human Resources Department

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Motion by David P. Jordan to approve the request to recall one (1) Community Support Case Worker

as a Limited Term Employee and one (1) Accounts Payable Specialist, noting the positions are 100%

grant funded, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

File # 2021-DR05-01 - Accept the written report and consider the recommended

action(s)

Sponsor: Jessica Vandekamp, Employee Relations Representative

Motion by David P. Jordan to approve recommendations #1 & #2 from the sub-team and to close out

file # 2021-DR05-01, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Motion by Lisa Liggins to forward the recommendation regarding directive tracking to the April 5, 2021,

BC Officers meeting, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Review the request to create two (2) new position and determine next steps Family Services

Sponsor: Debbie Thundercloud, General Manager

Motion by David P. Jordan to defer the request back to the General Manager for additional follow up,

seconded by Lisa Liggins. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

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Review complaint/concern and determine appropriate next steps

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan that the complaint has merit, that the complainant has been interviewed,

and that follow-up actions regarding correspondence and/or resolutions to be presented at the April 14,

2021, regular Business Committee meeting, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

IX.

ADJOURN

Motion by Lisa Liggins to adjourn at 5:22 p.m., seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Tina Danforth, Jennifer Webster

Minutes prepared by Lisa Liggins, Secretary.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

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March 24, 2021

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Oneida Business Committee Agenda Request

Adopt resolution entitled Emergency Amendments to the Pardon and Forgiveness Law

1. Meeting Date Requested:

/ 28 / 21

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

Adopt the resolution entitled, "Emergency Amendments to the Pardon and Forgiveness Law"

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Adoption Memo

3. Statement of Effect

2. Legislative Analysis

4. Drafts (Redline & Clean)

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, Councilmember

Primary Requestor/Submitter:

Kristen M. Hooker, LRO Staff Attorney

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

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Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Emergency Amendments to the Pardon and Forgiveness Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Pardon and Forgiveness law (“Law”) was adopted and subsequently amended by the

Oneida Business Committee through resolutions BC-05-25-11-A and BC-01-22-14-B,

respectively; and

WHEREAS,

the purpose of the Law is to provide a fair, efficient and formal process by which: (1) a

member of the Nation may receive a pardon for the conviction of a crime; (2) a member of

the Nation may receive forgiveness for acts that render him or her ineligible for housing or

other benefits through the Nation; and (3) a member or non-member of the Nation may

receive forgiveness for acts that render him or her ineligible to be employed with the Nation,

receive a Nation-issued occupational license, certification or permit, and/or obtain housing

or other benefits through the Nation; and

WHEREAS,

Section 126.4-1 of the Law establishes a Pardon and Forgiveness Screening Committee

(“PFSC”) to carry out various responsibilities that include, but are not limited to: processing

applications for a pardon or forgiveness; conducting, as well as presiding over, hearings

on the applications; and providing formal, written recommendations to the Oneida Business

Committee on whether to approve or deny requests for a pardon or forgiveness; and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” in response to the COVID-19 outbreak, which declared a Public Health State

of Emergency for the Nation until April 12, 2020 and set into place the necessary authority

for the Nation to take action, as well as seek reimbursement of emergency management

actions that may result in unexpected expenses; and

WHEREAS,

the Nation’s Public Health State of Emergency has since been extended until May 12,

2021, through the adoption of the following resolutions: BC-03-26-20-A, BC-05-06-20-A,

BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-1110-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and BC-03-10-21-D; and

WHEREAS,

on March 24, 2020, the Nation’s COVID-19 Core Decision Making Team (“COVID-19

Team”) issued a “Safer at Home” declaration which prohibits all public gatherings of any

number of people and orders all individuals present within the Oneida Reservation to stay

at home or at their place of residence, with certain exceptions allowed; and

WHEREAS,

on April 8, 2020, the Oneida Business Committee adopted resolution BC-04-08-20-B,

placing certain of the Nation’s boards, committees and commissions, including the PFSC,

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BC Resolution _____________

Emergency Amendments to the Pardon and Forgiveness Law

Page 2 of 3

in temporary closure status for the remainder of Fiscal Year 2020 and during any continuing

resolution for Fiscal Year 2021; and

WHEREAS,

the April 8, 2020 resolution further directed that the posting of vacancies for those boards,

committees and commissions placed in temporary closure status shall be discontinued for

the remainder of Fiscal Year 2020 and during any continuing resolution for Fiscal Year

2021; and

WHEREAS,

thereafter, the COVID-19 Team modified its March 24, 2020 “Safer at Home” declaration

through the issuance of its April 21, 2020 “Updated Safer at Home” declaration; May 19,

2020 “Safer at Home Declaration, Amendment, Open for Business” declaration; June 10,

2020 “Stay Safer at Home” declaration; and July 17, 2020 “Safe Re-Opening Governmental

Offices” declaration; and

WHEREAS,

on August 12, 2020 the Oneida Business Committee adopted resolution BC-08-12-20-J

titled, Continuing Resolution for Fiscal Year 2021, which, per resolution BC-04-08-20-B,

meant that, like the other listed boards, committees and commissions, the PFSC, was to

remain in temporary closure status pending the adoption of a Fiscal Year 2021 budget; and

WHEREAS,

through adoption of resolution BC-11-24-20-C titled, Continuation of Temporary Closure of

Listed Boards, Committees and Commissions for Fiscal Year 2021, the Oneida Business

Committee decided to continue the temporary closure of those boards, committees and

commissions, regardless of budget adoption, for the entirety of 2021; and

WHEREAS,

the Oneida Business Committee expressly exempted the PFSC from resolution BC-11-2420-C’s application and the PFSC was soon placed back into active status, with vacancies

for the community-at-large positions being posted shortly thereafter; and

WHEREAS,

while in temporary closure status, three (3) applications for a pardon or forgiveness have

been submitted to the PFSC; however, hearings on those applications have yet to be

conducted; and

WHEREAS,

the Supervisor of the Boards, Committees and Commissions has requested emergency

amendments to the Pardon and Forgiveness law to address the impact COVID-19 has had

on the PFSC’s ability to process applications and conduct hearings on those applications

in a fair, efficient and safe manner; and

WHEREAS,

the proposed emergency amendments to the Law will add an option, along with a process,

for the PFSC to conduct hearings on applications for a pardon or forgiveness virtually,

instead of just in-person as is currently the only option allowed for under the Law; and

WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to enact

legislation on an emergency basis, to be in effect for a period of six (6) months, renewable

for an additional six (6) months; and

WHEREAS,

emergency adoption of legislation is allowed when legislation is necessary for the

immediate preservation of the public health, safety, or general welfare of the Reservation

population, and the amendment of the legislation is required sooner than would be possible

under the Legislative Procedures Act; and

WHEREAS,

the emergency adoption of the amendments to the Law are necessary for the preservation

of the public health, safety and general welfare of the Reservation population to protect the

Reservation population against the public health crisis that is the COVID-19 pandemic by

providing a virtual option that will eliminate unnecessary contact between individuals who

may have been exposed to or could spread the virus, while still affording individuals a fair

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and efficient process to seek a pardon or forgiveness that may make them a more fulfilled

and productive member of society; and

WHEREAS,

observance of the requirements under the Legislative Procedures Act for adoption of this

amendment would be contrary to public interest since the Nation’s Public Health State of

Emergency does not expire until May 12, 2021 and, with applications pending and more

submissions likely, the process and requirements of the Legislative Procedures Act cannot

be completed in time to ensure applicants receive the fair and efficient procedure required

under the Law without unnecessarily exposing them, as well as the public, to the risks

associated with the COVID-19 virus; and

WHEREAS,

the Legislative Procedures Act does not require a public meeting or fiscal impact statement

when considering emergency legislation; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts emergency

amendments to the Pardon and Forgiveness law effective immediately.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Emergency Amendments to the Pardon and Forgiveness Law

Summary

This resolution adopts emergency amendments to the Pardon and Forgiveness law (“Law”) to

address the effect that the COVID-19 pandemic has had on the Pardon and Forgiveness Screening

Committee’s ability to process applications and conduct hearings for a pardon or forgiveness in

accordance with the Law.

Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office

Date: April 15, 2021

Analysis by the Legislative Reference Office

This resolution adopts emergency amendments to the Pardon and Forgiveness law (“Law”). The

purpose of the Law is to provide a fair, efficient and formal process by which: (1) a member of the

Nation may receive a pardon for the conviction of a crime; (2) a member of the Nation may receive

forgiveness for acts that render him or her ineligible for housing or other benefits through the

Nation; (3) a member or non-member of the Nation may receive forgiveness for acts that render

him or her ineligible to be employed with the Nation, receive a Nation-issued occupational license,

certification or permit, and/or obtain housing or other benefits through the Nation. [1 O.C. 126.11].

The Nation’s Pardon and Forgiveness Screening Committee (“PFSC”) was established in

accordance with the Law to carry out certain of the responsibilities set forth therein, including that

the PFSC process the applications for a pardon or forgiveness in an orderly and expeditious

manner, as well as conduct and preside over the hearings on said applications. [1 O.C. 126.4-1 and

126.4-2(b) & (d)]. Currently, the Law only allows for hearings on an application for a pardon or

forgiveness to be conducted in-person, at a location to be determined by the PFSC. [1 O.C. 126.81]. The emergency amendments to the Law will add an option for the PFSC to conduct its hearings

virtually when it deems necessary. [1 O.C. 126.8-1(a)].

The Legislative Procedures Act (“LPA”) allows the Oneida Business Committee to take

emergency action where it is necessary for the immediate preservation of the public health, safety

or general welfare of the reservation population and when enactment or amendment of legislation

is required sooner than would be possible under the LPA. [1 O.C. 109.9-5].

In early 2020, the world began experiencing the effects of the COVID-19 pandemic. In response

to the pandemic, on March 12, 2020, Chairman Tehassi Hill signed a “ Declaration of Public

Health State of Emergency,” per the Emergency Management law, to set into place the necessary

authority for the Nation to take action, if necessary, and to seek reimbursement of emergency

management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. The Nation’s

Public Health State of Emergency has since been extended until May 12, 2021, through adoption

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of the following resolutions: BC-03-26-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A,

BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-0721-A, BC-02-10-21-A and BC-03-10-21-D. [3 O.C. 302.8-2].

On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team (“COVID-19 Team”)

issued a “Safer at Home” declaration, prohibiting all public gatherings of any number of people

and ordering all individuals present within the Oneida Reservation to stay at home or at their place

of residence, with certain exceptions allowed.

On April 8, 2020, the Oneida Business Committee adopted resolution BC-04-08-20-B, which

placed certain of the Nation’s boards, committees and commissions, including the PFSC, in

temporary closure status for the remainder of Fiscal Year 2020 and during any continuing

resolution for Fiscal Year 2021. The resolution further directed that the posting of any vacancies

for those boards, committees and commissions be discontinued until their temporary closure status

is lifted.

Soon thereafter, the COVID-19 Team modified its March 24, 2020 “Safer at Home” declaration

through the issuance of its April 21, 2020 “Updated Safer at Home” declaration; May 19, 2020

“Safer at Home Declaration, Amendment, Open for Business” declaration; June 10, 2020 “Stay

Safer at Home” declaration; and July 17, 2020 “Safe Re-opening Governmental Offices”

declaration. And, on August 12, 2020, the Oneida Business Committee adopted resolution BC-0812-20-J titled, Continuing Resolution for Fiscal Year 2021, meaning that, per resolution BC-0408-20-B, the boards, committees and commissions listed therein, which included the PFSC, were

to remain in temporary closure status pending the adoption of a Fiscal Year 2021 budget.

On November 24, 2020, however, the Oneida Business Committee adopted resolution BC-11-2420-C titled, Continuation of Temporary Closure of Listed Boards, Committees and Commissions

for Fiscal Year 2021, which continued the temporary closure of those listed boards, committees

and commissions, regardless of budget adoption, for the entirety of 2021. The PFSC was expressly

exempted from this resolution, and thus, placed back into active status, with vacancies for the

community-at-large positions being posted shortly thereafter.

While in temporary closure status, the PFSC received three (3) applications for a pardon or

forgiveness that have yet to be processed or set for hearing. The Boards, Committees and

Commissions Supervisor has requested emergency amendments to the Law to address the impact

COVID-19 has had on the PFSC’s ability to process applications and conduct hearings on those

applications in a fair, efficient and safe manner.

The resolution provides that the emergency amendments to this Law are necessary for the

preservation of the public health, safety, and general welfare of the Reservation population. The

emergency amendments are needed to protect the Reservation population against the public health

crisis that is the COVID-19 pandemic. By allowing the PFSC to conduct hearings on applications

for a pardon or forgiveness virtually, instead of in-person, it will eliminate unnecessary contact

between individuals who may have been exposed to the COVID-19 virus, while still affording

individuals a fair and efficient process to seek a pardon or forgiveness.

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Additionally, the resolution provides that observance of the requirements under the LPA for

adoption of this amendment would be contrary to public interest since the Nation’s Public Health

State of Emergency does not expire until May 12, 2021 and, with applications pending, as well as

more submissions likely, the process and requirements of the LPA cannot be completed in time to

ensure applicants receive the fair and efficient procedure required under the Law for seeking a

pardon or forgiveness without unnecessarily exposing them, and possibly the public, to the risks

associated with the COVID-19 virus.

The emergency amendments to the Law will take effect immediately upon adoption by the Oneida

Business Committee and will remain effective for six (6) months. The LPA provides the possibility

to extend the emergency amendments for an additional six (6) months, or until the emergency

amendments expire or are permanently adopted. [1 O.C. 109.9-5(b)].

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

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Analysis to Emergency Draft 1

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EMERGENCY AMENDMENTS TO

PARDON AND FORGIVENESS LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

To provide the Pardon and Forgiveness Screening Committee (“PFSC”) with

the authority to conduct hearings on applications for a pardon or forgiveness

virtually, as opposed to just in-person as is currently the only option afforded

to the PFSC under the Pardon and Forgiveness law.

Purpose

To provide a fair, efficient and formal process by which:

▪ a member of the Nation may receive a pardon for the conviction of a

crime;

▪ a member of the Nation may receive forgiveness for acts that render

him or her ineligible for housing or other benefits through the Nation;

and

▪ a member or non-member of the Nation may receive forgiveness for

acts that render him or her ineligible to be employed with the Nation,

receive a Nation-issued occupational license, certification or permit,

and/or obtain housing or other benefits through the Nation [1 O.C.

126.1-1].

Affected Entities

Pardon and Forgiveness Screening Committee; Business Committee Support

Office; Applicants seeing a pardon or forgiveness from the Nation.

Related Legislation

Legislative Procedures Act; Boards, Committees and Commissions law;

Emergency Management law.

Public Meeting

A public meeting is not required for emergency legislation [1 O.C. 109.81(b) and 109.9-5(a)].

Fiscal Impact

A fiscal impact statement is not required for emergency legislation [1 O.C.

109.9-5(a)].

Expiration of Emergency Emergency amendments expire six (6) months after adoption and may be

Amendments

renewed for one additional six (6) month period. [1 O.C. 109.9-5(b)].

Intent of the

Proposed Amendments

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Pardon and Forgiveness law (“Law”) was first adopted in 2011, through resolution

BC-05-25-11-A, and subsequently amended in 2014, through adoption of resolution BC-01-22-14-B.

[1 O.C. 126.2-1]. The purpose of the Law is to provide a fair, efficient and formal process by which:

▪ A member of the Nation may receive a pardon for the conviction of a crime;

▪ A member of the Nation may receive forgiveness for acts that render him or her ineligible for

housing or other benefits through the Nation; and

▪ A member of non-member of the Nation may receive forgiveness for acts that render him or

her ineligible to:

• Be employed with the Nation;

• Receive a Nation-issued occupational license, certification or permit; and/or

• Obtain housing or other benefits through the Nation [1 O.C. 126.1-1(a)].

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B. Pardon and Forgiveness Screening Committee. In accordance with the Law, the PFSC was established

to carry out various responsibilities, including, but not limited to, processing applications for a pardon

or forgiveness; conducting, as well as presiding over, hearings on the applications; and providing

formal, written recommendations to the Oneida Business Committee on whether to approve or deny

requests for a pardon or forgiveness. [1 O.C. 126.4-1].

C. COVID-19 Pandemic. The world is currently facing a pandemic of COVID-19. The COVID-19

outbreak originated in Wuhan, China and has spread to many other countries throughout the world,

including the United States. The COVID-19 pandemic has resulted in high rates of infection and

mortality, as well as vast economic impacts including effects on the stock market and the closing of all

non-essential businesses.

▪ Declaration of a Public Health State of Emergency.

▪ On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State

of Emergency” regarding COVID-19 which declared the Public Health State of Emergency

for the Nation until April 12, 2020, and set into place the necessary authority should action

need to be taken and allowed the Nation to seek reimbursement of emergency management

actions that may result in unexpected expenses.

▪ The Public Health State of Emergency has since been extended until May 12, 2021, by the

Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC-0506-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-0820-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A and BC-03-1021-D.

▪ COVID-19 Core Decision Making Team.

▪ On March 17, 2020, the Oneida Business Committee adopted emergency amendments to

the Emergency Management and Homeland Security law to create and delegate authority

to a COVID-19 Core Decision Making Team (“COVID-19 Team”). [BC-03-17-20-E and

3 O.C. 302.10].

▪ When a public health emergency has been declared, the COVID-19 Team has the

authority to declare exceptions to the Nation’s laws, policies, procedures,

regulations, or standard operating procedures during the emergency period which

will be of immediate impact for the purposes of protecting the health, safety, and

general welfare of the Nation’s community, members, and employees. [BC-03-1720-E and 3 O.C. 302.10-2].

▪ These declarations remain in effect for the duration of the Public Health State of

Emergency. [BC-03-17-20-E and 3 O.C. 302.10-3].

▪ On March 10, 2021, the Oneida Business Committee adopted permanent

amendments to the Emergency Management and Homeland Security law, now

known as the Emergency Management law, through the adoption of resolution BC03-10-21-A which incorporated an emergency core decision time with the

authority to make emergency declarations on a permanent basis.

▪ COVID-19 Core Decision Making Team Declarations: Safer at Home.

▪ On March 24, 2020, the Nation’s COVID-19 Team issued a “Safer at Home” declaration

which ordered all individuals present within the Oneida Reservation to stay at home or at

their place of residence, with certain exceptions allowed. This declaration prohibited all

public gatherings of any number of people.

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▪

On April 21, 2020, the COVID-19 Team issued an “Updated Safer at Home” declaration

which allowed for gaming and golf operations to resume.

▪ On May 19, 2020, the COVID-19 Team issued a “Safer at Home Declaration, Amendment,

Open for Business” which directs that individuals within the Oneida Reservation should

continue to stay at home, businesses can re-open under certain safer business practices, and

social distancing should be practiced by all persons.

▪ On June 10, 2020, the COVID-19 Team issued a “Stay Safer at Home” declaration which

lessened the restrictions of the “Safer at Home Declaration, Amendment, Open for

Business” while still providing guidance and some restrictions. This declaration prohibits

all public and private gatherings of more than twenty (20) people that are not part of a

single household or living unit.

▪ On July 17, 2020, the COVID-19 Team issued a “Safe Re-Opening Governmental Offices”

which sets minimum standards for the safe re-opening of a building or recall of employees

to work.

COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the

Legislative Procedures Act.

▪ On March 27, 2020, the Nation’s COVID-19 Team issued a “Suspension of Public

Meetings under the Legislative Procedures Act” declaration which suspended the

Legislative Procedures Act's requirement to hold a public meeting during the public

comment period, but allows members of the community to still participate in the legislative

process by submitting written comments, questions, data, or input on proposed legislation

to the Legislative Operating Committee via e-mail during the public comment period.

Temporary Closure of the Nation’s Boards, Committees and Commissions.

▪ On April 8, 2020, the Oneida Business Committee adopted resolution BC-04-08-20-B,

which placed certain of the Nation’s boards, committees and commissions, including the

PFSC, in temporary closure status for the remainder of Fiscal Year 2020 and during and

continuing resolution for Fiscal Year 2021.

▪ On August 12, 2020, the Oneida Business Committee adopted resolution BC-08-12-20-J

titled, Continuing Resolution for Fiscal Year 2021.

• Per resolution BC-04-08-20-B, the adoption of resolution BC-08-12-20-J meant

that, along with the other listed boards, committees and commissions, the PFSC

was to remain temporarily closed until adoption of the Fiscal Year 2021 budget.

▪ On November 24, 2020, the Oneida Business Committee adopted resolution BC-11-24-20C titled, Continuation of Temporary Closure of Listed Boards, Committees and

Commissions for Fiscal Year 2021, which continued the temporary closure of those boards,

committees and commission listed in resolution BC-04-08-20-B, regardless of budget

adoption, for the entirety of 2021.

• Resolution BC-11-24-20-C expressly exempted the PFSC from its application and

the PFSC was soon placed back into active status, with vacancies for the

community-at-large positions being posted shortly thereafter.

▪ While in temporary closure status, three (3) applications for a pardon or forgiveness have

been submitted to the PFSC; however, hearings on those applications have yet to be

conducted.

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D. At the April 14, 2021, Oneida Business Committee meeting, the Boards, Committees and Commissions

Supervisor submitted a memo which requested that the Oneida Business Committee make emergency

amendments to the Pardon and Forgiveness law, as well as the PFSC’s bylaws, to address the impact

that COVID-19 has had on the PFSC’s ability to process applications and conduct hearings on those

applications in a fair, efficient and safe manner. The Supervisor is seeking emergency amendments that

will allow the PFSC to conduct hearings on applications for a pardon or forgiveness virtually, instead

of in-person as is currently the only option allowed under the Law, so that individuals are afforded the

fair and efficient process for seeking a pardon or forgiveness without being unnecessarily exposed to

the COVID-19 virus.

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SECTION 4. PROCESS

A. Representatives from the following departments or entities participated in the development of this Law

and legislative analysis:

▪ Oneida Law Office; and

▪ Business Committee Support Office.

B. The following laws and bylaws were reviewed in the drafting of this analysis:

▪ Oneida Nation Constitution and Bylaws;

▪ Legislative Procedures Act;

▪ Boards, Committees and Commissions law;

▪ Emergency Management law.

A. These amendments are being considered on an emergency basis. The Oneida Business Committee may

temporarily enact emergency legislation “where legislation is necessary for the immediate preservation

of public health, safety, or general welfare of the Reservation population and enactment or amendment

of legislation is required sooner than would be possible under this law” [1 O.C. 109.9-5].

▪ Emergency amendments are being pursued for the immediate preservation of the public health,

safety, and general welfare of the Reservation population against the public health crisis that is the

COVID-19 pandemic. Chairman Tehassi Hill declared a Public Health State of Emergency for the

Nation on March 12, 2020, which has since been extended until May 12, 2021. Due to the Public

Health State of Emergency and corresponding emergency declarations, such as the “Stay Safer at

Home” declaration which prohibits all public and private gatherings of more than twenty (20)

people that are not part of a single household or living unit, the membership is advised to stay home

and social distance. In an effort to avoid gatherings of members where COVID-19 could be easily

spread, the Oneida Business Committee is being asked to adopt emergency amendments to the Law

that will allow the PFSC to conduct its hearings on applications for a pardon or forgiveness

virtually, as opposed to in-person.

▪ Observance of the requirements under the Legislative Procedures Act for the adoption of these

amendments would be contrary to public interest. The PFSC already has three (3) applications

pending that have yet to go to a hearing and will likely receive more submissions now that it is

back in active status. With the Nation’s Public Health State of Emergency extended until May 12,

2021, the process and requirements of the Legislative Procedures Act cannot be completed in time

to ensure applicants receive the fair and efficient procedure required under the Law without

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unnecessarily exposing them, as well as the public, to the risks associated with the COVID-19

virus.

B. Emergency amendments typically expire six (6) months after adoption, with one (1) opportunity for a

six (6) month extension of the emergency amendments. [1 O.C. 109.9-5(b)].

C. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when

considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact

statement will eventually be required if permanent adoption of these amendments is considered.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Option for Conducting Virtual Hearings. The proposed emergency amendments allow for the PFSC

to conduct hearings on applications for a pardon or forgiveness virtually, instead of in-person as is

currently the only option authorized under the Law; provided, the PFSC gives the requisite notice,

which includes an indication of whether the hearing will be held in-person or virtually and, if virtually,

instructions on how to access the virtual platform for purposes of attending the hearing . [1 O.C. 126.82].

▪ Effect. The proposed emergency amendments will allow applications for a pardon or forgiveness

to be processed in the efficient manner required under the Law but without unnecessarily exposing

individuals, as well as the general public, to the risks associated with coming into contact with the

COVID-19 virus because the PFSC would be authorized to conduct the hearings virtually, instead

of in-person.

SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this

Law:

▪ Boards, Committees and Commissions law. The Boards, Committees and Commissions law

governs the boards, committees and commissions of the Nation, including the procedures regarding

the appointment and election of persons to boards, committees and commissions; creation of

bylaws; maintenance of official records; compensation; and other items related to boards,

committees and commissions. [1 O.C. 105.1-1].

▪ The PFSC is a committee of the Nation that was established in accordance with the Law

and is governed by the Boards, Committees and Commissions law. Section 105.10 of the

Boards, Committees and Commissions law, states that all entities of the Nation shall have

bylaws that conform to its requirements. [1 O.C. 105.10-1.]. Currently, the PFSC’s bylaws

state that hearings of the PFSC shall be held in accordance with the Pardon and Forgiveness

law. [PFSC Bylaws 3-4]. Thus, the proposed amendments to this Law would not conflict

with the express language of the PFSC’s bylaws or the minimal requirements of the Boards,

Committees and Commissions law.

▪ Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal

Council on January 7, 2013, for the purpose of providing a standard process for the adoption of

laws of the Nation which includes taking into account comments from members of the Nation and

input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].

▪ The Legislative Procedures Act provides a process for the adoption of emergency

legislation when the legislation is necessary for the immediate preservation of the public

health, safety, or general welfare of the Reservation population and the enactment or

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amendment of legislation is required sooner than would be possible under this law. [1 O.C.

109.9-5].

• The Legislative Operating Committee is responsible for first reviewing the

emergency legislation and for forwarding the legislation to the Oneida Business

Committee for consideration. [1 O.C. 109.9-5(a)].

• The proposed emergency legislation is required to have a legislative analysis

completed and attached prior to being sent to the Oneida Business Committee for

consideration. [1 O.C. 109.9-5(a)].

o A legislative analysis is a plain language analysis describing the important

features of the legislation being considered and factual information to

enable the Legislative Operating Committee to make informed decisions

regarding legislation. A legislative analysis includes a statement of the

legislation’s terms and substance; intent of the legislation; a description of

the subject(s) involved, including any conflicts with Oneida or other law,

key issues, potential impacts of the legislation and policy considerations.

[1 O.C. 109.3-1(g)].

• Emergency legislation does not require a fiscal impact statement to be completed

or a public comment period to be held. [1 O.C. 109.9-5(a)].

• Upon the determination that an emergency exists, the Oneida Business Committee

can adopt emergency legislation. The emergency legislation becomes effective

immediately upon its approval by the Oneida Business Committee. [1 O.C. 109.95(b)].

• Emergency legislation remains in effect for a period of up to six (6) months, with

an opportunity for a one-time emergency law extension of up to six (6) months. [1

O.C. 109.9-5(b)].

▪ Adoption of these proposed emergency amendments would conform with the requirements

of the Legislative Procedures Act.

Emergency Management law. The Emergency Management law provides for the development and

execution of plans for the protection of residents, property, and the environment in an emergency

or disaster; and provides for the direction of emergency management, response, and recovery on

the Reservation; as well as coordination with other agencies, victims, businesses, and organizations;

and establishes the use of the National Incident Management System; and designates authority and

responsibilities for public health preparedness. [3 O.C. 302.1-1].

▪ The Emergency Management law provides that the Oneida Business Committee shall be

responsible for proclaiming or ratifying the existence of an emergency. [3 O.C. 302.8-1]. A

public health emergency is defined as the occurrence or imminent threat of an illness or health

condition which:

(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a biological

agent; and

(2) poses a high probability of any of the following:

(A) a large number of deaths or serious or long-term disability among humans; or

(B) widespread exposure to a biological, chemical, or radiological agent that

creates a significant risk of substantial future harm to a large number of people.

[3 O.C. 302.3-1(p)].

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▪

No proclamation of an emergency by the Oneida Business Committee may last for longer

than sixty (60) days, unless the proclamation of emergency is extended by the Oneida

Business Committee. [3 O.C. 302.8-2].

Chairman Tehassi Hill’s March 12, 2020, “Declaration of Public Health State of

Emergency” and subsequent extensions conform with the requirements of the Emergency

Management law.

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SECTION 7. OTHER CONSIDERATIONS

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A. Deadline for Permanent Adoption of Amendments. The emergency amendments will expire six (6)

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months after adoption, with one (1) opportunity for an extension of an additional six (6) month period.

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▪ Conclusion: The Legislative Operating Committee will need to consider the development and

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adoption of permanent amendments to this Law within the next six (6) to twelve (12) months.

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B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.

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▪ Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

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emergency legislation. [1 O.C. 109.6-1].

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C. PFSC Bylaws. Although the emergency amendments to this Law would not directly conflict with the

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bylaws of the PFSC, the PFSC may want to consider amending its bylaws to clarify the fact that its

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hearings on applications for a pardon or forgiveness may be held virtually, instead of in-person, as

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determined by the PFSC.

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Title 1. Government and Finances - Chapter 126

PARDON AND FORGIVENESS

Tsi>n@hte <hutatwani=y%ne Olihw@=ke

of what they will be free of matter

126.1. Purpose and Policy

126.2. Adoption, Amendment, Conflicts

126.3. Definitions

126.4. Pardon and Forgiveness Screening Committee

Responsibilities

126.5. Tribal Secretary’s Office Responsibilities

126.6. Pardon and Forgiveness Eligibility and Application

126.7. Fees

126.8. Hearings

126.9. Conditions and Restrictions

126.10. Oneida Business Committee

126.1. Purpose and Policy

126.1-1. Purpose.

(a) The purpose of this Law is to provide a fair, efficient and formal process by which:

(1) a Tribal member may receive a pardon for the conviction of a crime(s); or

(2) a Tribal member may receive forgiveness for acts that render him or her

ineligible for housing with the Tribe or other Tribal benefits.

(3) a Tribal member or non-Tribal member may receive forgiveness for acts that

render him or her ineligible for Tribal employment; an occupational license,

certification or permit issued by the Tribe; housing through the Tribe; or other

Tribal benefit.

(b) This Law defines the duties and responsibilities of the Oneida Pardon and Forgiveness

Screening Committee, Oneida Business Committee, Oneida Tribal Secretary’s Office, and

other persons involved in the granting or denial of pardons and forgiveness.

126.1-2. Policy. It is the policy of the Oneida Tribe of Indians of Wisconsin to grant pardons or

forgiveness to individuals upon demonstration of full rehabilitation, trustworthiness and/or

commitment to lawful behavior. Nothing contained herein shall be construed as permitting the

employment of individuals who are otherwise disqualified for employment from certain

occupations under Tribal, State or Federal Law. Receipt of a pardon or forgiveness does not affect

obligations imposed as part of a sentence or conviction in another jurisdiction.

126.2. Adoption, Amendment, Conflicts

126.2-1. This Law was adopted by the Oneida Business Committee by Resolutionresolution BC05-25-11-A and, amended by Resolutionresolution BC-01-22-14-B., and emergency amended by

resolution BC-__-__-__-_.

126.2-2. This Law may be amended pursuant to the procedures set out in Tribal law by the Oneida

Business Committee or the Oneida General Tribal Council.

126.2-3. Should a provision of this Law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this Law which are considered

to have legal force without the invalid portions.

126.2-4. In the event of a conflict between a provision of this Law and a provision of another law,

ordinance, policy, regulation, rule, resolution, or motion, the provisions of this Law shall control.

Provided that, this Law repeals Resolution BC-7-31-02-A: Resolution Adopting a New Oneida

Pardon Ordinance.

126.2-5. This Law is adopted under authority of the Constitution of the Oneida Tribe of Indians

of Wisconsin.

126.3. Definitions

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126.3-1. This section shall govern the definitions of words and phrases used within this Law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Applicant” shall mean an individual who is applying for a pardon or forgiveness from

the Tribe.

(b) “Certified mail” shall mean mail sent through either the United States Postal Service

or the Tribal Inter-Office Certified system that provides proof of delivery and receipt.

(d) “Conditions” shall mean a requirement or prerequisite event or activity.

(e) “Conflict of interest” shall mean a conflict between the private interests and the official

responsibilities of the committee member.

(f) “Conviction” shall mean an individual was either found guilty or entered a plea of

guilty or no contest to charges of a crime in any court of competent jurisdiction.

(g) “Court of competent jurisdiction” shall mean any court or forum that has the power

and authority to properly exercise jurisdiction over a dispute or interpret and/or enforce

laws.

(h) “Crime” shall mean any act, default, or conduct punishable as a felony or a

misdemeanor.

(i) “Forgiveness” shall mean the formal and public act of acknowledging or excusing an

individual’s actions or behavior that makes him or her ineligible for Tribal employment,

an occupational license, certification or permit issued by the Tribe, housing through the

Tribe or other Tribal benefit

(j) “Hearing” shall mean a public publicly noticed hearing, a noticed public

forumconducted either in-person or virtually, in which an applicant hasis afforded an

opportunity to present a case for obtaining a pardon or forgiveness from the TribeNation.

(k) “Individual” shall mean a Tribal member seeking a pardon for a conviction of a crime,

a Tribal member seeking forgiveness for an act(s) that makes him or her ineligible for

housing with the Tribe or other Tribal benefit(s) or anyone seeking forgiveness for an act(s)

that renders him or her ineligible for employment, an occupational license, certification or

permit issued by the Tribe.

(l) “Family member” shall mean a spouse, child sibling, parent, grandparent, grandchild,

step-parent, step-child, in-law or legal guardian.

(m) “Pardon” shall mean the formal and public act of acknowledging or excusing a Tribal

member’s criminal conviction that makes him or her ineligible for Tribal employment, an

occupational license, a certification or permit issued by the Tribe, housing through the

Tribe, or other Tribal benefit.

(n) “Prominent locations” shall include, but not be limited to, the following: the Tribal

newspaper; at least one (1) local newspaper with regular distribution within the Reservation

boundaries; one (1) regional Indian newspaper; and the Tribe’s official website.

(o) “Restriction” shall mean a limitation or constraint imposed.

(p) “Tribal” or”, “Tribe” and/or “Nation” shall mean the Oneida Tribe of Indians of

WisconsinNation.

(q) “Victim” shall mean a person or entity against whom an offense, either civil or

criminal, has been committed.

126.4. Pardon and Forgiveness Screening Committee Responsibilities

126.4-1. A Committee is hereby created for the purpose of carrying out the provisions of this Law.

126.4-2. Authority. The Committee shall:

(a) promulgate internal standard operating procedures necessary to govern its proceedings;

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(b)

review and process applications for a pardon or forgiveness in an orderly and

expeditious manner;

(c)

review an applicant’s background investigation report received from the Oneida

Human Resources Department;

(d) conduct and preside over hearings;

(e)

provide formal, written recommendations to the Oneida Business Committee to

approve or deny a pardon or forgiveness application; and

(f) take other actions reasonably related to the purpose of the Committee.

126.5. Tribal Secretary’s Office Responsibilities

126.5-1. The Tribal Secretary’s Office shall assist the Committee with carrying out the provisions

of this Law and assist individuals in applying for a pardon or forgiveness. The Tribal Secretary’s

Office shall:

(a)

create and implement procedures necessary to process pardon and forgiveness

applications.

(b)

accept pardon and forgiveness applications.

(c)

submit and track requests for a background investigation.

(d)

forward pardon and forgiveness applications to the Committee when the

background investigations are complete.

(e) maintain a record of all pardon and forgiveness applications filed, every pardon and

forgiveness request granted or denied, and the reasons for each action.

(f) maintain a complete and accurate record of all proceedings, including all

correspondence, transcripts, documents, evidence, and appearances made in connection

with the applications.

(g)

perform other duties in connection with matters under this Law as may be requested

by the Committee.

126.6. Pardon and Forgiveness Eligibility and Application

126.6-1. Eligibility. A Tribal member may receive a pardon for any criminal conviction(s), or a

forgiveness for an act(s) that renders the Tribal member ineligible for housing with the Tribe or

other Tribal benefit(s); and any individual may receive forgiveness for an act(s) that renders the

individual ineligible for Tribal employment, an occupational license, certification or permit issued

by the Tribe.

(a) Upon completion of incarceration, parole, probation and/or deferred prosecution,

Tribal members shall be eligible to apply for a pardon.

(b) One (1) year after an act is committed, or affirmed through the conclusion of any appeal

process, an individual shall be eligible to apply for pardon or forgiveness.

126.6-2. Ineligibility. An individual is ineligible for a pardon or forgiveness if he or she is:

(a) being investigated for an act and if found to have committed such act, would be

ineligible for the benefit he or she is seeking; or

(b) appealing a termination and the termination makes him or her ineligible for the benefit

he or she is seeking; or

agreement; or

(d) has any outstanding penalties or fines.

126.6-3. Initiating an Application. Applications for a pardon or forgiveness may be obtained from

the Tribal Secretary’s Office or on the Tribal website. Completed applications shall be filed with

the Tribal Secretary’s Office in person, during normal Tribal business hours, or sent by certified

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mail to the Tribal Secretary at P.O. Box 365, Oneida, WI 54155.

126.6-4. Required Application Information. Each applicant is responsible for submitting all

required materials and authorizations.

(a) A completed pardon application shall include the following:

(1) a copy of the applicant’s Tribal enrollment card.

(2) a copy or copies of any discharge papers from incarceration or jail.

(3) official verification of any successful completion date of the probation, parole

or deferred prosecution.

(4) any necessary releases for investigations and/or background checks.

(5) any authorizations from a probation officer to release information.

(6) the required non-refundable fee as specified under 126.6.

(7) a personal written statement, including the reason(s) for requesting a pardon

and a description and documentation of the applicant’s efforts towards selfimprovement.

(8) information regarding the conviction(s) for which the applicant is seeking a

pardon, including:

(A) date(s) upon which the crime(s) occurred;

(B) location(s) where the crime(s) occurred;

(D) jurisdiction(s) which imposed the sentence(s).

(9) verification of attendance or successful completion of any counseling, therapy,

or rehabilitative programs such as anger management or coping skills classes.

(10) letters of reference or support from people well-regarded in the community.

Such letters shall detail the applicant’s accomplishments or contributions to the

community or attest to the applicant’s rehabilitation and trustworthiness. These

may include, but are not limited to:

(A) clergy or other spiritual leaders.

(B) employers and/or community members.

(D) organizers of support groups the applicant attends or has attended.

(11) any other information relevant to the applicant’s conviction(s) or rehabilitation

efforts.

(12) proof of payment of all penalties and fines.

(b) A completed forgiveness application shall include the following:

(1) a copy of the applicant’s Tribal enrollment card, if applicable.

(2) the applicant’s employment record prior to the act, if applicable.

(3) the applicant’s background records.

(4) the act that triggered the applicant’s ineligibility.

(5) the impact of the act on the Tribe.

(6) the length of time since the act.

(7) a written statement from the applicant demonstrating remorse for the violation.

(8) two (2) letters of recommendation, with no more than one (1) recommendation

coming from a person who is a family member of the applicant.

(9) the required non-refundable fee as specified under 126.6.

(10) any additional credible and relevant information.

(11) proof of payment of all penalties and fines.

126.6-5. Failure of the applicant to provide a complete application, or any of the required

information and/or materials may result in:

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(a) the application being returned with a request for more information; or

(b) the application being removed from consideration; or

126.6-6. Applicant Misrepresentations. Any applicant who misrepresents, omits, or falsifies any

information on the application or during the pardon process shall be denied a pardon. If a pardon

is granted and it is later determined that there is misrepresented or false information, or pertinent

information was purposefully omitted, the Oneida Business Committee shall have the right to

rescind the pardon.

126.7. Fees

126.7-1. Each application shall be accompanied by a non-refundable fee as set by the Oneida

Business Committee in a resolution. Said payment shall be made payable to the Oneida Tribe in

the form of a:

(a) money order; or

(b) cashier’s check; or

Services, will be providing the funds for the application fee.

126.8. Hearings

126.8-1. Notice of the

Hearing. The Committee shall conduct quarterly hearings andon

applications for a pardon or forgiveness from the Nation in accordance with this law.

(a) Hearings may be conducted in person or virtually as determined by the Committee.

(b) Hearings shall take place at a regularly scheduled time and location or virtual platform,

as determined by the Committee, and shall be open to the public to the extent permitted by

governing laws of the Nation.

126.8-2. Hearing Notice. The Committee shall provide hearing notice as follows:

(a) Applicant. At least thirty (30) calendar days prior to the hearing, the Committee shall

provide official hearing notice to the applicant by certified mail, including the the notice

of which shall include:

(1) The date,;

(2) The time;

(3) Whether the hearing will be conducted in-person or virtually; and

(4) The location of the hearing, at least thirty (30) calendar days prior to or virtual

platform for the hearing. Notice and, if virtual, instructions on how to access the

platform.

(b) Public. The Committee shall also be postedprovide public notice of hearings as follows:

(1) By posting the notice in prominent locations at least thirty (30) calendar days

prior to the hearing.;

(A) If alternate arrangements have been made under section 126.8-2 of this

law, notice shall be posted in prominent locations with as much advance

notice as possible and as time permits.

(a) Notice2) By posting notice of the hearings scheduled for the year shall be

posted on the TribalNation’s website and periodically in the TribalNation’s

newspaper.

(b) Hearings shall take place at a regularly scheduled time and location to be determined

by the Committee and shall be open to the public.

126.8-23. Alternate Hearing Arrangements. Applicants who reside out of the State of Wisconsin

who are unable to attend a hearing may submit a written request by certified mail to the Tribal

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Secretary’s Office for alternate arrangements to appear by video conference and/or to reschedule

the hearing date. If alternate arrangements are unavailable, the applicant may withdraw the

application up to three (3) business days prior to the hearing without penalty, and may re-apply for

a pardon at any time.

126.8-34. Failure of Applicant to Attend Hearing. Failure of the applicant to appear atattend the

hearing may result in the Committee postponing making a determination on the application or

recommending the Oneida Business Committee deny the application.

(a) Applicants with a legitimate reason for failing to appear forattend a hearing shall have

ten (10) calendar days from the date of the missed hearing to provide documentation to the

Committee. Such documentation may include, but is not limited to;, a Doctor’s excuse,

accident/police report, or funeral notice.

126.8-45. Testimony and Notarized Statements. The Committee shall obtain oral testimony

atduring the hearing from the applicant, and any victims, witnesses, or other persons supporting or

opposing the pardon or forgiveness.

(a) Victims, witnesses, and other persons unavailable for a scheduled hearing may submit

a notarized statement for consideration.

(b) The Committee may institute recesses and postponements as they see fit.

(d) The Committee may require the applicant to provide further documentation.

(1) Within five (5) business days of the hearing, the Committee shall send a written

request by certified mail to the applicant for the additional documentation.

(2) The applicant shall submit the documentation to the Tribal Secretary’s Office

within thirty (30) calendar days after receiving the request for the documentation.

Failure of the applicant to provide any of the required documentation may result in:

(A) the application being removed from consideration; or

(B) denial of the application.

126.8-56. Deliberations and Recommendation. After the hearing, the Committee shall go into

executive session for deliberations.

(a) The Committee shall consider all information gathered from the hearing, the

application, the background investigation, and any testimony or notarized statements when

determining whether to recommend that the application be approved or denied.

(1) The Committee shall be responsible for weighing the appropriateness of

granting a pardon or forgiveness.

(b) Recommendation. After considering the factors provided, the Committee shall make

a decision and compose a formal, written recommendation for each application, including

reasons to approve or deny the application within sixty (60) days after the pardon or

forgiveness hearing. The recommendation, including any dissenting opinions issued by

the Committee, shall be forwarded to the Oneida Business Committee within thirty (30)

calendar days after making a decision, along with the following materials for review:

(1) All information from the application and the background investigation;

(2) Any notarized statements submitted;

(3) A proposed draft resolution; and

(4) An audio recording of the hearing, upon request by an Oneida Business

Committee member.

126.9. Conditions and Restrictions

126.9-1. Pardons. Certain convictions may affect a Tribal member’s rights under state or federal

law, or result in restrictions being placed on a Tribal member, regardless of whether a Tribal pardon

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has been granted.

(a) Civil Rights. A pardon by the Tribe does not guarantee the restoration of all civil rights,

and each recipient of a Tribal pardon is responsible for determining whether the pardon

affects any non-Tribal restrictions or limitations that may be applicable pursuant to the

conviction.

(b) Employment. Individuals convicted of a crime that is “substantially related” to the care

of another person or animal may be subject to extended or permanent restrictions on

licensing or professional credentials in fields relating to such caretaking. A Tribal pardon

shall not affect these restrictions.

tracking or other restrictions or obligations imposed upon sex offenders.

(d) Voting Rights. Each state, and the federal government are empowered to determine

whether felons may vote in elections, caucuses, referendums or any other venue dependent

on the votes of citizenry. The granting of a Tribal pardon shall not supersede the rights of

these jurisdictions to determine the eligibility of voters.

126.9-2. Other Restrictions. The Committee’s written recommendation to the Oneida Business

Committee to approve an applicant’s request for a pardon or forgiveness may also recommend the

Oneida Business Committee impose restrictions on the applicant. If the Committee does not

recommend a restriction, the Oneida Business Committee shall have the authority to place

restrictions on the applicant before approving the pardon or forgiveness request. Restrictions shall

specify the time lines attached to them, which may expand over a period of months, years, or

indefinitely.

(a) Restrictions shall be clearly defined and may include the following:

(1) The applicant is ineligible for a transfer, promotion or job reassignment.

(2) The applicant may be prohibited from:

(A) Handling cash and/or merchandise.

(B) Having Tribal property sign-off authority.

(D) Supervising or caring for children or the elderly.

(E) Any other restrictions the Oneida Business Committee determines as

appropriate.

(b) When restrictions are imposed for a period of greater than five (5) years, the applicant

may, after five (5) years, apply to have the restrictions modified or lifted. The request to

modify or lift restrictions will follow the same process required to request a pardon.

of such restriction prior to becoming employed by the Tribe.

126.9-3. Conditions. The Committee may also recommend that an applicant requesting a pardon

or forgiveness be required to complete conditions before the applicant is granted the pardon or

forgiveness. If the Committee does not recommend a condition, the Oneida Business Committee

shall have the authority to place conditions on the applicant before approving the pardon or

forgiveness request.

(a) Conditions shall be clearly defined and may include the following:

(1) perform community service hours within a Tribal Department.

(2) payment of restitution to the Tribe.

(3) any other conditions the Oneida Business Committee determines as

appropriate.

126.10. Oneida Business Committee

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126.10-1. The Oneida Business Committee shall consider all of the information received by the

Committee prior to making a determination on whether to issue or deny a pardon or forgiveness

application. The Oneida Business Committee may accept, reject or modify the Committee’s

recommendation.

126.10-2. Deliberations. Deliberations by the Oneida Business Committee shall take place in

executive session. The Oneida Business Committee may request, by written notice, that the

applicant be present during the deliberations to provide oral testimony or to answer questions. The

notice shall be provided to the applicant thirty (30) days prior to the deliberations and shall contain

the time, place and date of the deliberations.

126.10-3. Final Decision. The Oneida Business Committee shall issue or deny the pardon or

forgiveness in open session, by resolution, including the reasons therefor and shall include for the

record a clear indication of any decision and shall list the specific crimes to be pardoned or acts to

be forgiven. This decision is final and cannot be appealed. Applicants may be eligible to re-apply

for a pardon or forgiveness one (1) year from the date of the most recent denial of a pardon or

forgiveness.

126.10-4. Notification. Notification of the final decision shall be sent to the applicant from the

Tribal Secretary’s office by certified mail or personally served within ten (10) business days

following the decision. Applicants have a right to documentation of the final decision along with

the resolution, and the reason(s) for the final decision.

126.10-5. Resolution. To grant or deny a pardon or forgiveness, a majority vote of the Oneida

Business Committee is required.

126.10-6. Eligibilities. Unless otherwise directed by the Oneida Business Committee, a pardon

or forgiveness may fully or partially restore some Tribal eligibilities lost as a result of a conviction

or act including:

(a) employment; and/or

(b) an occupational license, certificate or permit; and/or

(d) other Tribal benefit.

End.

Adopted – BC-2-19-93-I

Adopted – BC-11-13-93-B (Oneida Pardon Procedures Policy)

Adopted – BC-11-24-93-B (Temporary Pardons)

Adopted – BC-7-31-02-A

Adopted – BC-05-25-11-A

Adopted – BC-01-22-14-B

Emergency Adoption – BC-__-__-__-_

1 O.C. 126 – Page 8

Public Packet

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