# Oneida Business Committee (2021) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Af2ff515a46ccbcb2 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 345 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. I. CALL TO ORDER II. OPENING III. ADOPT THE AGENDA IV. OATH OF OFFICE A. Anna John Resident Centered Care Community Board - Kristin Jorgenson-Dann and Beverly Anderson Sponsor: Lisa Liggins, Secretary B. Oneida Nation Arts Board - Kent Hutchison, Kelli Strickland, and Frances Brigham Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 1 of 5 April 28, 2021 Public Packet V. VI. VII. 2 of 345 MINUTES A. Approve the April 14, 2021, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary B. Approve the March 24, 2021, regular Business Committee meeting minutes pending adding the audio markers Sponsor: Lisa Liggins, Secretary RESOLUTIONS A. Adopt resolution entitled Emergency Amendments to the Pardon and Forgiveness Law Sponsor: David P. Jordan, Councilman B. Adopt resolution entitled Emergency Amendments to the Election Law Sponsor: David P. Jordan, Councilman C. Adopt resolution entitled Safely Scheduling General Tribal Council Meetings COVID-19 Health Risk Impacts Sponsor: Lisa Liggins, Secretary D. 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 A. B. FINANCE COMMITTEE 1. Accept the April 5, 2021, regular Finance Committee meeting minutes Sponsor: Tina Danforth, Treasurer 2. Accept the April 19, 2021, regular Finance Committee meeting minutes Sponsor: Tina Danforth, Treasurer LEGISLATIVE OPERATING COMMITTEE 1. Accept the April 7, 2021, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. Adopt the Pardon and Forgiveness Screening Committee bylaws amendments Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 2 of 5 April 28, 2021 Public Packet VIII. 3 of 345 TRAVEL REQUESTS A. 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 A. Approve the Oneida Trust Enrollment Committee Oneida Business Committee memorandum of agreement Sponsor: Keith Doxtator, Director, Trust Enrollment Department B. Considerations regarding the Budget Management and Control Law Sponsor: Lisa Liggins, Secretary C. Accept the Kunhi-yó "I'm Healthy" event notice and request BC members to provide an opening each day Sponsor: Lisa Liggins, Secretary D. 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 E. 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 F. 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 G. 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 H. 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 I. 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 J. 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 Oneida Business Committee Regular Meeting Agenda Page 3 of 5 April 28, 2021 Public Packet X. 4 of 345 EXECUTIVE SESSION A. B. REPORTS 1. Accept the March 2021 Treasurer's report (11:00 a.m.) Sponsor: Tina Danforth, Treasurer 2. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 3. Accept the Chief Financial Officer April 2021 report Sponsor: Larry Barton, Chief Financial Officer 4. Accept the Intergovernmental Affairs, Communications, and Self-Governance April 2021 report Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs AUDIT COMMITTEE 1. Accept the March 18, 2021, regular Audit Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. Accept the Complimentary Services or Items compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 3. Accept the Three Card Poker Rules of Play compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 4. Accept the BC Members Credit Card Activity operational audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 5. Accept the Anna John Resident Centered Care Community performance assurance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 6. Accept the Eco-Services performance assurance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 7. Accept the Finance Administration performance assurance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 8. Accept the Natural Resources performance assurance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 9. Accept the OGE/Thornberry Creek follow up to RSM Audit of FY2018 audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 4 of 5 April 28, 2021 Public Packet 5 of 345 C. D. XI. UNFINISHED BUSINESS 1. 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 2. 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 1. Accept the April 5, 2021, regular OBC Officer meeting notes Sponsor: Jessica Vandekamp, Employee Relations Representative 2. 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 3. Determine next steps regarding the Oneida MIS Assessment (1:30 p.m.) Sponsor: Lisa Liggins, Secretary 4. 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 Oneida Business Committee Regular Meeting Agenda Page 5 of 5 April 28, 2021 Public Packet 6 of 345 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 Public Packet 7 of 345 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. Page 1 of 1 Public Packet 8 of 345 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 Public Packet 9 of 345 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 Page 1 of 1 Public Packet 10 of 345 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 Public Packet 11 of 345 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; I. 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. A. 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 Oneida Business Committee Regular Meeting Minutes Page 1 of 10 April 14, 2021 Public Packet 12 of 345 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 A. 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 B. 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 C. 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 Oneida Business Committee Regular Meeting Minutes Page 2 of 10 April 14, 2021 Public Packet 13 of 345 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 V. APPOINTMENTS A. 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 Oneida Business Committee Regular Meeting Minutes Page 3 of 10 April 14, 2021 Public Packet 14 of 345 DRAFT B. 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 A. LEGISLATIVE OPERATING COMMITTEE 1. 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 2. 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 3. 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 Oneida Business Committee Regular Meeting Minutes Page 4 of 10 April 14, 2021 Public Packet 15 of 345 DRAFT B. QUALITY OF LIFE COMMITTEE 1. 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 A. 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 B. 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 C. 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 Oneida Business Committee Regular Meeting Minutes Page 5 of 10 April 14, 2021 Public Packet 16 of 345 DRAFT D. 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 E. 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 F. 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 G. 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 Oneida Business Committee Regular Meeting Minutes Page 6 of 10 April 14, 2021 Public Packet 17 of 345 DRAFT VIII. GENERAL TRIBAL COUNCIL A. 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 A. REPORTS 1. 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 Oneida Business Committee Regular Meeting Minutes Page 7 of 10 April 14, 2021 Public Packet 18 of 345 DRAFT B. AUDIT COMMITTEE 1. 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 2. 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 C. UNFINISHED BUSINESS 1. 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 2. 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 Oneida Business Committee Regular Meeting Minutes Page 8 of 10 April 14, 2021 Public Packet 19 of 345 DRAFT D. NEW BUSINESS 1. 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 2. 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 3. 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 Oneida Business Committee Regular Meeting Minutes Page 9 of 10 April 14, 2021 Public Packet 20 of 345 DRAFT 5. 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 X. 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 Regular Meeting Minutes Page 10 of 10 April 14, 2021 Public Packet 21 of 345 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 Public Packet 22 of 345 DRAFT 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; I. 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 Oneida Business Committee Regular Meeting Minutes Page 1 of 11 March 24, 2021 Public Packet 23 of 345 DRAFT IV. MINUTES A. 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 B. 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 V. RESOLUTIONS A. 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 Oneida Business Committee Regular Meeting Minutes Page 2 of 11 March 24, 2021 Public Packet 24 of 345 DRAFT VI. STANDING COMMITTEES A. COMMUNITY DEVELOPMENT PLANNING COMMITTEE 1. 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 2. 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 B. FINANCE COMMITTEE 1. 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 2. 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 Oneida Business Committee Regular Meeting Minutes Page 3 of 11 March 24, 2021 Public Packet 25 of 345 DRAFT VII. NEW BUSINESS A. 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 B. 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 C. 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 D. 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 Oneida Business Committee Regular Meeting Minutes Page 4 of 11 March 24, 2021 Public Packet 26 of 345 DRAFT E. 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 F. 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 Oneida Business Committee Regular Meeting Minutes Page 5 of 11 March 24, 2021 Public Packet 27 of 345 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 6 of 11 March 24, 2021 Public Packet 28 of 345 DRAFT A. REPORTS 1. 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 Oneida Business Committee Regular Meeting Minutes Page 7 of 11 March 24, 2021 Public Packet 29 of 345 DRAFT 2. 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 3. 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 4. 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 Oneida Business Committee Regular Meeting Minutes Page 8 of 11 March 24, 2021 Public Packet 30 of 345 DRAFT B. NEW BUSINESS 1. 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 2. 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 3. 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 4. 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 Oneida Business Committee Regular Meeting Minutes Page 9 of 11 March 24, 2021 Public Packet 31 of 345 DRAFT 5. 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 6. 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 7. 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 8. 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 Oneida Business Committee Regular Meeting Minutes Page 10 of 11 March 24, 2021 Public Packet 32 of 345 DRAFT 9. 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 Page 11 of 11 March 24, 2021 Public Packet 33 of 345 Oneida Business Committee Agenda Request Adopt resolution entitled Emergency Amendments to the Pardon and Forgiveness Law 1. Meeting Date Requested: 4 / 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. Page 1 of 2 Unbudgeted Public Packet 34 of 345 Public Packet 35 of 345 Public Packet Oneida Nation 36 of 345 Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Emergency Amendments to the Pardon and Forgiveness Law 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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, Public Packet 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 37 of 345 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 Public Packet 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 38 of 345 BC Resolution _____________ Emergency Amendments to the Pardon and Forgiveness Law Page 3 of 3 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. Public Packet 39 of 345 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 Page 1 of 3 Public Packet 40 of 345 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. Page 2 of 3 Public Packet 41 of 345 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. Page 3 of 3 Public Packet 42 of 345 Analysis to Emergency Draft 1 2021 04 28 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 1 2 3 4 5 6 7 8 9 10 11 12 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)]. Page 1 of 7 Public Packet 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 43 of 345 Analysis to Emergency Draft 1 2021 04 28 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. Page 2 of 7 Public Packet 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 44 of 345 Analysis to Emergency Draft 1 2021 04 28 ▪ ▪ ▪ 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. Page 3 of 7 Public Packet 45 of 345 Analysis to Emergency Draft 1 2021 04 28 100 101 102 103 104 105 106 107 108 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. 109 110 111 112 113 114 115 116 117 118 119 SECTION 3. CONSULTATION AND OUTREACH 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 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 Page 4 of 7 Public Packet 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 46 of 345 Analysis to Emergency Draft 1 2021 04 28 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 Page 5 of 7 Public Packet 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 ▪ 47 of 345 Analysis to Emergency Draft 1 2021 04 28 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)]. Page 6 of 7 Public Packet 230 231 232 233 234 235 236 48 of 345 Analysis to Emergency Draft 1 2021 04 28 ▪ ▪ 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. 237 SECTION 7. OTHER CONSIDERATIONS 238 A. Deadline for Permanent Adoption of Amendments. The emergency amendments will expire six (6) 239 months after adoption, with one (1) opportunity for an extension of an additional six (6) month period. 240 ▪ Conclusion: The Legislative Operating Committee will need to consider the development and 241 adoption of permanent amendments to this Law within the next six (6) to twelve (12) months. 242 B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation. 243 ▪ Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except 244 emergency legislation. [1 O.C. 109.6-1]. 245 C. PFSC Bylaws. Although the emergency amendments to this Law would not directly conflict with the 246 bylaws of the PFSC, the PFSC may want to consider amending its bylaws to clarify the fact that its 247 hearings on applications for a pardon or forgiveness may be held virtually, instead of in-person, as 248 determined by the PFSC. 249 Page 7 of 7 Public Packet 49 of 345 Draft 1 for OBC Consideration (redline to current) 2021 04 28 Title 1. Government and Finances - Chapter 126 PARDON AND FORGIVENESS Tsi>n@hte n@hte a=k@= Tho Ni= Y%t Tsi> Kayanl^hsla People of the Standing Stone how it is we will appoint them the kind of laws we have EMERGENCY AMENDMENTS TO ELECTION LAW LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Analysis by the Legislative Reference Office Intent of the  Eliminate the caucus from the election process; Proposed Amendments  Require an individual to submit an application in order to have his or her name placed on a ballot for an election;  Eliminate the requirement for an individual to obtain at least ten (10) signatures of qualified voters when submitting an application to be placed on the ballot;  Require that all applications be submitted to the Business Committee Support Office by the application deadline established by the Election Board;  Reduces the number of Oneida Election Board members who are required to sign the election totals on machine counted ballots from six (6) to three (3);  Clarify that elections shall be held at an Oneida Nation facility instead of just in an Oneida Nation facility; and  Eliminate the requirement that referendum questions be submitted in writing at the caucus, and instead allow for referendum questions to be submitted in writing to the Business Committee Support Office by the deadline established by the Election Board. Purpose To govern the procedures for the conduct of orderly elections of the Nation [1 O.C. 102.1-1] Affected Entities Oneida Election Board, Business Committee Support Office, Oneida Business Committee, Oneida Nation Judiciary, Oneida Land Claims Commission, Oneida Land Commission, Oneida Nation Commission on Aging, Oneida Nation School Board, Oneida Trust Enrollment Committee, Oneida Legal Resource Center. Related Legislation Boards, Committees, and Commissions law, Emergency Management and Homeland Security 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 2 3 4 SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Election law was first adopted on June 19, 1993, and most recently amended by the General Tribal Council on April 23, 2017. The Law governs the procedures for the conduct of orderly elections of the Nation. [1 O.C. 102.1-1]. Page 1 of 8 Public Packet 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 73 of 345 Analysis to Emergency Draft 1 2021 04 28 B. 2021 Special Election. The caucus for the 2021 Special Election is scheduled to be held on May 8, 2021, with the Special Election occurring on July 10, 2021. The 2021 Special Election ballot would include the following positions:  Oneida Election Board.  Three (3) vacancies – three (3) year term.  Oneida Land Claims Commission.  Two (2) vacancies for terms ending 2023 – three (3) year term.  Two (2) vacancies for terms ending 2024 – three (3) year term.  Oneida Land Commission;  Three (3) vacancies – three (3) year term.  Oneida Nation Commission on Aging.  Three (3) vacancies for terms ending in 2023 – three (3) year term.  Three (3) vacancies for terms ending in 2024 – three (3) year term  Oneida Nation School Board.  Two (2) vacancies for parent/guardian positions - three (3) year term.  Two (2) vacancies for community-at-large positions - three (3) year term  Oneida Trust Enrollment Committee.  Three (3) vacancies – three (3) year term.  Legal Resource Center.  One (1) vacancy for advocate - four (4) year term.  Oneida Judiciary Court of Appeals:  One (1) vacancy for Appellate Court Judge term ending 2023 - six (6) year term. 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 - 3 O.C. 302.10]. Page 2 of 8 Public Packet 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 74 of 345 Analysis to Emergency Draft 1 2021 04 28 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 - 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 - 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 Core Decision Making 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.  On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer at Home” declaration which allowed for gaming and golf operations to resume.  On May 19, 2020, the COVID-19 Core Decision Making 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 Core Decision Making 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 Core Decision Making 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. D. At the March 24, 2021, Oneida Business Committee meeting the Oneida Election Board provided a memo which requested that the Oneida Business Committee make emergency amendments to the Election law due to the Nation’s Public Health State of Emergency. The Oneida Election Board  Page 3 of 8 Public Packet 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 75 of 345 Analysis to Emergency Draft 1 2021 04 28 provided that the 2021 Special Election caucus was scheduled for May 8, 2021, but the Nation’s Public Health State of Emergency would be effective until at least 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 large gatherings of members where COVID-19 could be easily spread, the Oneida Election Board identified that conducting a caucus or requiring applicants to obtain ten (10) signatures through the petition process would unnecessarily spread COVID-19 by encouraging contact between individuals. The Oneida Election Board is seeking emergency amendments to the Election law to address these issues in a similar fashion to emergency amendments that were made to the Election law during the 2020 General Election through the adoption of resolutions BC-03-17-20-B, BC-05-13-20H, and BC-06-24-20-B. SECTION 3. CONSULTATION AND OUTREACH A. Representatives from the following departments or entities participated in the development of this Law and legislative analysis:  Oneida Election Board. B. The following laws were reviewed in the drafting of this analysis:    Oneida Nation Constitution and Bylaws; Emergency Management law; Boards, Committees, and Commissions law. SECTION 4. PROCESS 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 large gatherings of members where COVID-19 could be easily spread, the Oneida Election Board identified that conducting a caucus or requiring applicants to obtain ten (10) signatures through the petition process would unnecessarily spread COVID-19 by encouraging contact between individuals.  Observance of the requirements under the Legislative Procedures Act for the adoption of these amendments would be contrary to public interest. The caucus is scheduled to be held on May 8, 2021. Therefore, the process and requirements of the Legislative Procedures Act cannot be completed in time to ensure that the caucus can be removed from the Law, without violating the caucus procedures contained in the Law. Page 4 of 8 Public Packet 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 76 of 345 Analysis to Emergency Draft 1 2021 04 28 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. D. The Legislative Operating Committee added these emergency amendments to the Active Files List on April 7, 2021. SECTION 5. CONTENTS OF THE LEGISLATION A. Elimination of the Caucus. The proposed amendments eliminate the caucus from the election process. Previously, the Law required that the Election Board call a caucus at least ninety (90) days before a general election was held, or forty-five (45) days before any other election. [GTC-04-23-17-A - 1 O.C. 102.6-1]. At the caucus individuals could nominate potential candidates on the floor, and those potential candidates that were present during the caucus would then accept or decline the nomination. [GTC-0423-17-A - 1 O.C. 102.6-2]. If an individual was nominated during the caucus but not present to accept the nomination, that individual could follow the petition process to get his or her name on the ballot. Now, with the elimination of the caucus from the election process, an individual who is interested in having his or her name on the ballot has to apply to be on the ballot by submitting the designated application form to the Business Committee Support Office by the application deadline established by the Oneida Election Board. [1 O.C. 102.5-4, 102.6-1].  Effect. The proposed emergency amendment would allow for the 2021 Special Election to occur as scheduled. The elimination of the requirement to hold the caucus while allowing individuals to be placed on the ballot through the submission of an application will eliminate any unnecessary contact between individuals which could spread the COVID-19, while also ensuring that the 2021 Special Election can occur without interruption. B. Application to be Placed on the Ballot. The proposed amendments require that an individual submit an application in order to be placed on the ballot. [1 O.C. 102.6-1]. The application form consists of information that satisfies the minimum requirements for eligible candidates as described in section 102.5-2 of the Law and is required to be submitted to the Business Committee Support Office the application deadline established by the Oneida Election Board. [1 O.C. 102.6-1(b)-(c)]. Previously, if an individual was not present at the caucus to accept a nomination, or was not nominated at the caucus, the individual could file a petition to have his or her name placed on the ballot. [GTC-04-23-17-A - 1 O.C. 102.6-3]. The petitioner was required to submit the petition form along with no less than ten (10) signatures of qualified voters, which would be verified by the Oneida Trust Enrollment Department, prior to the close of business at least five (5) business days after the caucus. [GTC-04-23-17-A - 1 O.C. 102.6-3].  Effect. The proposed amendment makes the application process the sole way for an individual to have his or her name placed on the ballot for an election. The requirement to obtain at least ten (10) signatures of qualified voters was eliminated in an effort to eliminate any unnecessary contact between individuals which could spread COVID-19. Because the requirement to obtain signatures was eliminated from the Law, so was the requirement that the Oneida Trust Enrollment Department verify the signatures. Since there is no caucus, the deadline to submit an application to be placed on the ballot was revised from five (5) days after the caucus to the application deadline established by the Oneida Election Board. The Oneida Election Board intends to allow applications to be Page 5 of 8 Public Packet 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 77 of 345 Analysis to Emergency Draft 1 2021 04 28 submitted to the Business Committee Support Office the week of May 10, 2021 through May 14, 2021. The combinations of these changes along with the elimination of the caucus should ensure that the 2021 Special Election can occur in July as scheduled while still protecting the health and safety of the people of the Nation. C. Location of the Election. The proposed emergency amendment to the Election law provides that elections shall be held at an Oneida Nation facility(s) as determined by the Election Board. [1 O.C. 102.9-2]. Previously, the Election law provided that elections shall be held in an Oneida Nation facility(s) as determined by the Election Board.  Effect. The proposed emergency amendment would provide additional flexibility for the Oneida Election Board to utilize outdoor space of an Oneida Nation facility if determined necessary. D. Election Board Members Signature on Machine Counted Ballots. The proposed amendments lower the number of Oneida Election Board members that are required sign the election totals, which includes the tape signed by the members of the Nation before the polls were opened, from six (6) to three (3). [1 O.C. 102.10-2].  Effect. Requiring less Oneida Election Board members to be present at the polling place to sign the election totals help reduce unnecessary contact between individuals which could spread COVID-19. E. Submission of Referendum Questions. The proposed amendments provide that referendum questions regarding issues directing affecting the Nation or general membership are to be presented to the Nation’s Secretary, or designated agent, in writing, during normal business hours, 7:00 a.m. until 4:30 p.m. Monday through Friday by the deadline established by the Election Board. [1 O.C. 102.12-9(c)]. The proposed amendments also provide that no mailed, internal Nation mail delivery, faxed or other delivery method of referendum questions shall be accepted. [1 O.C. 102.12-9(c)]. Previously, the Law provided that referendum questions were to be presented to the Nation’s Secretary, in writing, at the caucus prior to election.  Effect. The proposed emergency amendments to the Law will ensure that there is still a process for members of the Nation to submit referendum questions to the 2021 Special Election even though the caucus will be eliminated from the election process. Due to the cancellation of the caucus, the Oneida Election Board intends to set the referendum question deadline as May 14, 2021, and allow referendum questions to be submitted in writing to the Business Committee Support Office during the week of the week of May 10, 2021 through May 14, 2021. 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 Commission law governs 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 Boards, Committees, and Commissions law provides that all elected positions shall be nominated at a caucus called by the Oneida Election Board, or petition for ballot placement, in accordance with the Nation’s laws and/or policies governing elections, except where an entity’s bylaws allow for a vacancy to be filled by appointment. [1 O.C. 105.8-1]. Page 6 of 8 Public Packet 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266   78 of 345 Analysis to Emergency Draft 1 2021 04 28  The emergency amendments will eliminate the caucus from the election process, leaving application for ballot placement as the only method to be elected to an entity, except where an entity’s bylaws allow for a vacancy to be filled by appointment. 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)].  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. 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 or amendments 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 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)]. • 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 Page 7 of 8 Public Packet 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 79 of 345 Analysis to Emergency Draft 1 2021 04 28  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 fisca [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Af2ff515a46ccbcb2. Public record. Not legal advice.