# Phone: (920)869-2214 (2017) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Af8548f4a779ca0a0 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Meeting Materials October 25, 2017 Open Session CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the following 239 pages are the Open Session meeting materials presented at a meeting duly called, noticed and held on the 25th day of October, 2017. ____________________________ Lisa Summers, Tribal Secretary Oneida Business Committee Public Packet Page 1 of 237 Oneida Business Committee Executive Session 8:30 a.m. Tuesday, October 24, 2017 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 a.m. Wednesday, October 25, 2017 BC Conference Room, 2nd floor, Norbert Hill Center Agenda To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/ I. CALL TO ORDER AND ROLL CALL II. OPENING A. Special Recognition for years of service – Twenty-five (25) Oneida Nation employees Sponsor: Geraldine Danforth, Area Manager/Human Resources Dept. III. ADOPT THE AGENDA IV. OATHS OF OFFICE A. Pardon & Forgiveness Screening Committee – Jeanette Archiquette-Ninham B. Anna John Residential Centered Community Board – Joshua Hicks C. Finance Committee Community Elder Position – Shirley Barber V. MINUTES A. Approve October 11, 2017, regular meeting minutes Sponsor: Lisa Summers, Tribal Secretary B. Approve October 13, special meeting minutes Sponsor: Lisa Summers, Tribal Secretary Oneida Business Committee Regular Meeting Agenda of October 25, 2017 Page 1 of 5 Public Packet Page 2 of 237 VI. RESOLUTIONS A. Adopt resolution entitled Zero Suicide Initiative Requestor: Mari Kriescher, Director/Oneida Behavioral Health Sponsors: Ravinder Vir, Medical Director/Comprehensive Health; Debra Danforth, Division Director/Comprehensive Health – Operations B. Adopt two (2) resolutions regarding State Street Bank and Trust Company agreement – file # 2017-1250 Sponsor: Larry Barton, Chief Financial Officer 1. Resolution entitled Appointing State Street Bank and Trust Company to Act as Trustee for the Oneida Nation Enterprise 401(k) Plan 2. Resolution entitled Appointing State Street Bank and Trust Company to Act as Trustee for the Oneida Nation Governmental 401(k) Plan C. Adopt resolution entitled Opposition to 2017 Senate Bill 395 Regulation and of Nonferrous Metallic Mineral Prospecting and Mining Sponsor: Tehassi Hill, Tribal Chairman D. Adopt resolution entitled Fiscal Years 2019 to 2022 Triennial Strategic Fiscal Planning Sponsor: Trish King, Tribal Treasurer E. Adopt resolution entitled Third Extension of the Effective Date of the Community Support Fund Law Sponsor: David P. Jordan, Councilman; Legislative Operating Committee Chair VII. STANDING COMMITTEES A. Finance Committee Chair: Trish King, Tribal Treasurer 1. Approve October 16, 2017, Finance Committee meeting minutes VIII. NEW BUSINESS A. Approve Power Purchase Agreement between Oneida Nation and Oneida Nation Solar LLC. – file # 2017-0873 Requestor: Michael Troge, Project Manager Sponsor: Ernie Stevens III, Councilman B. Schedule a special executive Business Committee meeting on December 15, 2017, at 9:00 a.m. for the purpose of reviewing and approving Year End Financial Statements from RSM US and forward to the Annual GTC meeting Requestor: Loucinda Conway, Manager/Internal Audit Liaison: David P. Jordan, Councilman; Audit Committee Chair Oneida Business Committee Regular Meeting Agenda of October 25, 2017 Page 2 of 5 Public Packet Page 3 of 237 IX. TRAVEL A. Travel Reports 1. Approve travel report – Treasurer Trish King – Native American Finance Officers Association (NAFOA) Fall Finance & Tribal Economies conference – Tulsa, OK – October 1-4, 2017 X. OPERATIONAL REPORTS (Please Note: Scheduled times are approximate and subject to change) A. Accept Comprehensive Health Division FY ’17 4th quarter report (1:30 p.m.-1:50 p.m.) Sponsors: Debra Danforth, Division Director/Comprehensive Health - Operations; Ravinder Vir, Medical Director/Comprehensive Health B. Accept Community & Economic Dev’t Division FY ’17 4th quarter report (1:50 p.m.-2:10 p.m.) Sponsor: Troy Parr, Assistant Division Director/Community & Economic Development C. Accept Public Works Division FY ’17 4th quarter report (2:10 p.m.-2:30 p.m.) Sponsor: Jacque Boyle, Interim Assistant Division Director/Public Works D. Accept Governmental Services Division FY ’17 4th quarter report (2:30 p.m.-2:50 p.m.) Sponsor: George Skenandore, Division Director/Governmental Services XI. EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to change) A. Reports 1. Accept Bay Bancorporation, Inc. FY ’17 4th quarter report (8:30 a.m.-9:00 a.m.) President: Jeff Bowman Liaison: Trish King, Tribal Treasurer 2. Accept Oneida ESC Group, LLC. FY ’17 4th quarter report (9:00 a.m.-9:30 a.m.) Chair: Jackie Zalim Liaisons: Lisa Summers, Tribal Secretary; Ernest Stevens III, Councilman (Break scheduled from 9:30 a.m.-9:45 a.m.) 3. Accept Oneida Seven Generations Corporation FY ’17 4th quarter report (9:45 a.m.-10:15 a.m.) Agent: Pete King III Liaison: Brandon Stevens, Tribal Vice-Chairman 4. Accept Oneida Airport Hotel Corporation FY ’17 4th quarter report (1:30 p.m.-2:00 p.m.) Agent: Janice Hirth-Skenandore Liaisons: Kirby Metoxen, Councilman; Daniel Guzman King, Councilman Oneida Business Committee Regular Meeting Agenda of October 25, 2017 Page 3 of 5 Public Packet Page 4 of 237 5. Accept Oneida Golf Enterprise FY ’17 4th quarter report (2:00 p.m.-2:30 p.m.) Agent: Janice Hirth-Skenandore Liaison: Trish King, Tribal Treasurer 6. Accept Chief Counsel report – Jo Anne House, Chief Counsel a. Approve Hobbs Straus Dean and Walker LLP contract – file # 2017-1264 7. Accept Chief Financial Officer – Larry Barton, Chief Financial Officer 8. Accept Intergovernmental Affairs & Communications report – Nathan King, Director B. Standing Items 1. Land Claims Strategy (No Requested Action) 2. Oneida Golf Enterprise – Ladies Professional Golf Association (2:30 p.m.-2:45 a.m.) C. Audit Committee Chair: David P. Jordan, Councilman 1. Accept Audit Committee FY ’17 4th quarter report (10:15 a.m.-10:30 a.m.) D. Unfinished Business 1. Accept close-out report re: Language Dept. transition (Not Submitted) Sponsor: Brandon Stevens, Tribal Vice-Chairman EXCERPT FROM AUGUST 9, 2017: Motion by Lisa Summers to adopt resolution #08-09-17D Transfer of Language Department to Oneida Nation School System, seconded by Tehassi Hill. Motion carried unanimously. 2. Accept updates on transitions of the Public Works Division, Land & Environment Division, and Community & Economic Development Division (11:00 a.m.-12:00 p.m.) Sponsor: Jennifer Webster, Chairwoman EXCERPT FROM SEPTEMBER 27, 2017: Motion by Lisa Summers for the Oneida Business Committee sub-teams to provide an update on the transitions of the Public Works Division, Land & Environment Division and Community & Economic Division and that the Direct Reports for these areas be included for the discussion, noting that Councilwoman Jennifer Webster’s Office will be in charge of coordinating the update, seconded by Trish King. Motion carried unanimously. E. New Business 1. Accept final report and recommendations regarding Business Committee retreat held on October 13, 2017 Sponsor: Trish King, Tribal Treasurer 2. Review memorandum from Sovereign Finance dated October 20, 2017 Sponsor: Lisa Summers, Tribal Secretary Oneida Business Committee Regular Meeting Agenda of October 25, 2017 Page 4 of 5 Public Packet Page 5 of 237 3. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting Electronic Voting: Sponsor: Lisa Summers, Tribal Secretary a. Approval of One Law Group S.C. contract – file # 2017-1268 Requestor: Jo Anne House, Chief Counsel XII. ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 2:15 p.m., Friday, October 20, 2017, pursuant to the Open Records and Open Meetings Law, section 7.17-1. The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/. For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214. Oneida Business Committee Regular Meeting Agenda of October 25, 2017 Page 5 of 5 Public Packet Page 6 of 237 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 10 / 25 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Annoucement/Recognition Accept as Information only Action - please describe: Presentation of Years of Service Certificates to approximately twenty-five (25) employees by their immediate supervisor along with the Business Committee. 3. Supporting Materials Report Resolution Contract Other: 1. List of employees to be recognized (Handout) 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Geraldine R. Danforth, HRD Area Manager Primary Requestor: Maureen Metoxen, Exec Assist Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet Page 7 of 237 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: HRD coordinates efforts on a quarterly basis, with all supervisors and the Business Committee to recognize employees who have reached the 25+ years milestone. With the assistance from each supervisor, HRD will create the certificate to be presented to the Years of Service recipient. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet Page 8 of 237 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 10 / 25 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office to Joshua Hicks for the AJRCCC Board. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Brooke Doxtator, BCC Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet Page 9 of 237 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The appointment for the AJRCCC Board position was made on the October 11, 2017 BC Agenda. There was one (1) vacancy for a three (3) year term. The vacancy was posted in the May 4, 2017 issue of the Kalihwisaks. The application deadline was June 2, 2017 and there were four (4) applicants. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet Page 10 of 237 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 10 / 25 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office to Jeanette Archiquette-Ninham for the Pardon & Forgiveness Screening Committee 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Brooke Doxtator, BCC Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet Page 11 of 237 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The appointment for the Pardon & Forgiveness Screening Committee was made on the July 26, 2017 BC Agenda. This oath is re-scheduled from the October 11, 2017 BC Agenda, Jeanette's oath wasn't delivered because she arrived late. There were four (4) vacancies for a three (3) year term. The vacancies were posted in the June 1, 2017 issue of the Kalihwisaks. The application deadline was July 3, 2017 and Jeanette was the only applicant. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet Page 12 of 237 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 10 / 25 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office to Shirley Barber for the Finance Committee Community Elder position. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Brooke Doxtator, BCC Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet Page 13 of 237 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The appointment for the Finance Committee Community Elder position was made on the October 11, 2017 BC Agenda. There was one (1) vacancy for a three (3) year term. The vacancy was posted in the August 17, 2017 issue of the Kalihwisaks. The application deadline was September 15, 2017 and there were four (4) applicants. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet Page 14 of 237 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 10 / 25 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Minutes Accept as Information only Action - please describe: Approve October 11, 2017, regular meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. October 11, 2017, regular meeting minutes 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet Page 15 of 237 DRAFT Oneida Business Committee Executive Session 8:30 a.m. Tuesday, October 10, 2017 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 a.m. Wednesday, October 11, 2017 BC Conference Room, 2nd floor, Norbert Hill Center Minutes – DRAFT EXECUTIVE SESSION Present: Chairman Tehassi Hill (excused at 9:55 a.m.), Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen (excused at 9:55 a.m.), Ernie Stevens III, Jennifer Webster; Not Present: ; Arrived at: ; Others present: Jo Anne House, Larry Barton, Lisa Liggins, Joanie Buckley, Jeff House, Tim Skenandore, Jon Roberts (Via teleconference), John Karras (Via teleconference), Alan King, RaLinda Ninham-Lamberies, Liz Somers, Frank Cornelius, Janice Skenandore-Hirth; REGULAR MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster; Not Present: Treasurer Trish King; Arrived at: Secretary Lisa Summers at 8:31 a.m.; Others present: Jen Falck, Jessica Wallenfang, Jo Anne House, Rhiannon Metoxen, Rosa Laster, Tina Moore, Sandra Reveles, Dale Wheelock, Chris Johnson, Ed Delgado, Larry Barton, Nancy Barton, Brooke Doxtator, Heather Heuer, Brenda Danforth, Jeanette Archiquette-Ninham; I. CALL TO ORDER AND ROLL CALL by Chairman Tehassi Hill at 8:30 a.m. For the record: Treasurer Trish King is out of the office on personal time. Vice-Chairman Brandon Stevens is excused for the afternoon session for approved travel to attend the Haskell Board of Regents Fall meeting in Lawrence, KS. Secretary Lisa Summers arrives at 8:31 a.m. II. OPENING by Councilman Daniel Guzman King Oneida Business Committee Regular Meeting Minutes DRAFT of October 11, 2017 Page 1 of 11 Public Packet Page 16 of 237 DRAFT III. ADOPT THE AGENDA (00:01:25) Motion by Lisa Summers to adopt the agenda with the following change: [Delete New Business item IX.A. Approve Tribal Member request to conduct survey activities regarding Oneida Nation adult voting members and traditional decision-making practices in the 21st century], seconded by Brandon Stevens. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King IV. OATHS OF OFFICE (00:02:18) administered by Secretary Lisa Summers A. Oneida Pardon and Forgiveness Screening Committee – Jeanette Archiquette-Ninham (Not present at that time) B. Oneida Personnel Commission – Tina Moore C. Oneida Police Commission – Sandra Reveles V. MINUTES (00:06:25) A. Approve September 27, 2017, regular meeting minutes Sponsor: Lisa Summers, Secretary Motion by Jennifer Webster to approve the September 27, 2017, regular meeting minutes, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King VI. RESOLUTIONS A. Adopt resolution entitled Grant Application by Comprehensive Housing Division for HUD Resident Opportunity and Self-Sufficiency (ROSS) Service Coordinators Program to Fund a Service Coordinator Position (00:06:50) Sponsor: Dana McLester, Division Director/Comprehensive Housing Motion by Brandon Stevens to adopt resolution # 10-11-17-A Grant Application by Comprehensive Housing Division for HUD Resident Opportunity and Self-Sufficiency (ROSS) Service Coordinators Program to Fund a Service Coordinator Position seconded by Ernie Stevens III. Motion carried with two opposed: Ayes: Daniel Guzman King, David P. Jordan, Brandon Stevens, Ernie Stevens III, Jennifer Webster Opposed: Lisa Summers, Kirby Metoxen Not Present: Trish King For the record: Secretary Lisa Summers stated I am opposing because we don’t have a completed grant application before us. We don’t have an outline of what those incurring costs are. We also don’t have an updated organizational chart from the Comprehensive Housing Division Director indicating where this position fits into this structure. We don’t have the specifics about the program itself. There’s been a verbal explanation, but again because all of the elements aren’t together we don’t have any of that Oneida Business Committee Regular Meeting Minutes DRAFT of October 11, 2017 Page 2 of 11 Public Packet Page 17 of 237 DRAFT detail in writing and I don’t think it’s appropriate for us to adopt it at this time. I do support the effort. I think you should continue with the process and I do support you getting there. I think that this was a situation though where you just had the cart before the horse and I would encourage you to make sure that in the future all of these resolutions are submitted with the entire package. Thank you. B. Adopt resolution entitled Dissolution of Oneida Health Board in accordance with the General Tribal Council Directive of February 20, 2017 (00:17:50) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to adopt resolution # 10-11-17-B Dissolution of Oneida Health Board in accordance with the General Tribal Council Directive of February 20, 2017, seconded by Lisa Summers. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King VII. STANDING COMMITTEES A. Legislative Operating Committee Chair: David P. Jordan, Councilman 1. Accept September 20, 2017, Legislative Operating Committee meeting minutes (00:19:47) Motion by Jennifer Webster to accept the September 20, 2017, Legislative Operating Committee meeting minutes, seconded by Lisa Summers. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King B. Finance Committee Chair: Trish King, Treasurer 1. Approve October 2, 2017, Finance Committee meeting minutes (00:20:25) Motion by David P. Jordan to approve the October 2, 2017, Finance Committee meeting minutes, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King VIII. APPOINTMENTS A. Approve recommendation to appoint Shirley Barber as Community Elder to Finance Committee (00:20:56) Sponsor: Tehassi Hill, Chairman Motion by David P. Jordan to approve the recommendation to appoint Shirley Barber as Community Elder to Finance Committee, seconded by Lisa Summers. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King Oneida Business Committee Regular Meeting Minutes DRAFT of October 11, 2017 Page 3 of 11 Public Packet Page 18 of 237 DRAFT B. Approve recommendation to appoint Joshua Hicks to Anna John Residential Centered Care Community Board (00:21:30) Sponsor: Tehassi Hill, Chairman Motion by David P. Jordan to approve the recommendation to appoint Joshua Hicks to the Anna John Residential Centered Care Community Board, seconded by Lisa Summers. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King IX. NEW BUSINESS A. Approve Tribal Member request to conduct survey activities regarding Oneida Nation adult voting members and traditional decision-making practices in the 21st century Requestor: Anita Barber Sponsor: Daniel Guzman King, Councilman Item deleted at adoption of agenda. B. Approve posting of known 2018 vacancies for Boards, Committees, Commissions, and Corporate Boards (00:22:00) Requestor: Kathleen Metoxen, Records Tech II/BC Support Office Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to approve the posting of known 2018 vacancies for Boards, Committees, Commissions, and Corporate Boards, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King X. TRAVEL A. TRAVEL REPORTS 1. Accept travel report – Councilman Kirby Metoxen – Native American Tourism of Wisconsin (NATOW) Board of Directors meeting – Milwaukee, WI – September 5-6, 2017 (00:22:45) Motion by Lisa Summers to accept the travel report – Councilman Kirby Metoxen – Native American Tourism of Wisconsin (NATOW) Board of Directors meeting – Milwaukee, WI – September 5-6, 2017, seconded by Ernie Stevens III. Motion carried with one abstention: Ayes: Daniel Guzman King, David P. Jordan, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Abstained: Kirby Metoxen Not Present: Trish King Oneida Business Committee Regular Meeting Minutes DRAFT of October 11, 2017 Page 4 of 11 Public Packet Page 19 of 237 DRAFT 2. Accept travel report – Councilman Kirby Metoxen – National Indian Gaming Association (NIGA) Mid-Year conference – Phoenix, AZ – September 18-21, 2017 (00:23:45) Motion by David P. Jordan to accept the travel report – Councilman Kirby Metoxen – National Indian Gaming Association (NIGA) Mid-Year conference – Phoenix, AZ – September 18-21, 2017, seconded by Lisa Summers. Motion carried with one abstention: Ayes: Daniel Guzman King, David P. Jordan, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Abstained: Kirby Metoxen Not Present: Trish King B. TRAVEL REQUESTS 1. Approve travel request – Various Attendees – New York Properties tour – New York – November 3-6, 2017 (00:24:40) Motion by Lisa Summers to approve the travel request – Chairman Tehassi Hill, Secretary Lisa Summers, Councilman Daniel Guzman King, Councilman Kirby Metoxen, Councilman Ernest Stevens III, Councilwoman Jennifer Webster, Chris Cornelius, Dakota Webster, Tomas Escamea, Sheila Shawanokasic, Jay Rasmussen, Becky Webster, Julie Barton, Troy Parr, and Pat Pelky – New York Properties tour – New York – November 3-6, 2017, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King For the record: Secretary Lisa Summers stated I am planning on attending. For the record: Councilman Ernest Stevens III stated that even though I have been to the area this is the first I’ve seen some of these lands so it’s come from a land use perspective. XI. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to https://goo.gl/uLp2jE) A. Petitioner Edward Delgado – Trust Land Distribution (00:30:34) 1. Defer legal analysis for sixty (60) days Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Summers to defer the legal analysis for sixty (60) days, noting the Law Office will be kept informed of the progress being made about possible withdrawing the petition in the future, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King 2. Accept 2nd financial progress report Sponsor: Larry Barton, Chief Financial Officer Motion by David P. Jordan to accept the 2nd financial progress report, seconded by Brandon Stevens. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King Oneida Business Committee Regular Meeting Minutes DRAFT of October 11, 2017 Page 5 of 11 Public Packet Page 20 of 237 DRAFT EXCERPT FROM SEPTEMBER 27, 2017: Motion by David P. Jordan to accept the legislative analysis, legal progress report, and financial progress report, seconded by Trish King. Motion carried unanimously. EXCERPT FROM JULY 27, 2017: (1) Motion by Tehassi Hill to acknowledge receipt of the petition submitted by Edward Delgado regarding Trust Land Distribution, seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Tehassi Hill to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices' for legal financial, legislative, and administrative analyses, seconded by Trish King. Motion carried unanimously. (3) Motion by Tehassi Hill to direct the Law, Finance, and Legislative Reference Office to submit their analyses to the Tribal Secretary within sixty (60) days with a progress report to be submitted within forty-five (45) days, seconded by Fawn Billie. Motion carried unanimously. (4) Motion by Tehassi Hill to direct the Direct Report Offices to submit administrative analyses to Tribal Secretary within thirty (30) days, seconded by Fawn Billie. Motion carried unanimously. B. Petitioner Frank Vandehei – Modify or eliminate E-Poll (00:44:09) 1. Accept legislative analysis Sponsor: David P. Jordan, Councilman/Legislative Operating Committee Chair Motion by Lisa Summers to accept the legislative analysis, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King 2. Defer legal analysis for sixty (60) days Sponsor: Jo Anne House, Chief Counsel Motion by Jennifer Webster to defer the legal analysis for sixty (60) days, seconded by Lisa Summers. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King 3. Accept financial analysis progress report Sponsor: Larry Barton, Chief Financial Officer Motion by Lisa Summers to accept the financial analysis progress report, seconded by Daniel Guzman King. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King EXCERPT FROM SEPTEMBER 27, 2017: Motion by David P. Jordan to accept the legislative progress report, legal progress report, and financial verbal progress report, seconded by Daniel Guzman King. Motion carried unanimously. EXCERPT FROM JULY 27, 2017: (1) Motion by Tehassi Hill to acknowledge receipt of the petition submitted Frank Vandehei regarding the E-Poll process, seconded by David Jordan. Motion carried unanimously. (2) Motion by Tehassi Hill to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices' for legal financial, legislative, and administrative analyses, seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Tehassi Hill to direct the Law, Finance, and Legislative Reference Office to submit their analyses to the Tribal Secretary within sixty (60) days with a progress report to be submitted within forty-five (45) days, seconded by David Jordan. Motion carried unanimously. (4) Motion by Tehassi Hill to direct the Direct Report Offices to submit administrative analyses to Tribal Secretary within thirty (30) days, seconded by David Jordan. Motion carried unanimously. Oneida Business Committee Regular Meeting Minutes DRAFT of October 11, 2017 Page 6 of 11 Public Packet Page 21 of 237 DRAFT C. Petitioner Linda Dallas – 2017 Tri-Annual General Election (00:45:31) 1. Accept legislative analysis Sponsor: David P. Jordan, Councilman/Legislative Operating Committee Chair Motion by Lisa Summers to accept the legislative analysis, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King EXCERPT FROM SEPTEMBER 27, 2017: Motion by Lisa Summers to accept the legislative progress report, and financial analysis, seconded by David P. Jordan. Motion carried unanimously. EXCERPT FROM SEPTEMBER 9, 2017; Motion by Lisa Summers to accept the legal opinion regarding Petitioner Linda Dallas – 2017 Tri-Annual Election, seconded by Kirby Metoxen. Motion carried unanimously. EXCERPT FROM JULY 27, 2017: (1) Motion by Brandon Stevens to acknowledge receipt of the petition submitted by Linda Dallas regarding the 2017 Tri-Annual Election, seconded by Trish King. Motion carried unanimously. (2) Motion by Trish King to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices' for legal financial, legislative, and administrative analyses, seconded by Tehassi Hill. Motion carried unanimously. (3) Motion by Tehassi Hill to direct the Law, Finance, and Legislative Reference Office to submit their analyses to the Tribal Secretary within sixty (60) days with a progress report to be submitted within forty-five (45) days, seconded by Fawn Billie. Motion carried unanimously. (4) Motion by Tehassi Hill to direct the Direct Report Offices to submit administrative analyses to Tribal Secretary within thirty (30) days, seconded by Brandon Stevens. Motion carried unanimously. D. Petitioner Brad Graham – 2017 Tri-Annual General Election (00:46:00) 1. Accept legislative analysis Sponsor: David P. Jordan, Councilman/Legislative Operating Committee Chair Motion by Kirby Metoxen to accept the legislative analysis, seconded by Lisa Summers. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King 2. Accept financial analysis Sponsor: Larry Barton, Chief Financial Officer Motion by Lisa Summers to accept financial analysis, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King EXCERPT SEPTEMBER 27, 2017: (1) Motion by David P. Jordan to accept the legal analysis and supplemental materials, seconded by Brandon Stevens. Motion carried unanimously. (2) Amendment to the main motion by Lisa Summers to request the Secretary to schedule a special Business Committee work session as soon as possible to go over the agenda for these items so that we can put the packet together and formulate what will be Oneida Business Committee Regular Meeting Minutes DRAFT of October 11, 2017 Page 7 of 11 Public Packet Page 22 of 237 DRAFT presented to General Tribal Council, seconded by Jennifer Webster. Motion carried unanimously. EXCERPT FROM AUGUST 17, 2017: Motion by Kirby Metoxen to acknowledge receipt of the petition submitted by Brad Graham regarding the 2017 Tri-Annual General Election; to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report Offices for legal, financial, legislative, and administrative analyses; to direct the Law, Finance, and Legislative Reference Offices to submit their analyses to the Tribal Secretary within sixty (60) days with a progress report to be submitted within forty-five (45) days; and to direct the Direct Report Offices to submit administrative analyses to Tribal Secretary within thirty (30) days, seconded by Lisa Summers. Motion carried unanimously. E. Schedule special GTC meeting on Tuesday, January 16, 2018, at 6:00 p.m. (00:47:03) Sponsor: Lisa Summers, Secretary Motion by Jennifer Webster to schedule a special GTC meeting on Tuesday, January 16, 2018, at 6:00 p.m., seconded by Lisa Summers. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King XII. EXECUTIVE SESSION A. REPORTS 1. Accept Chief Counsel report – Jo Anne House, Chief Counsel (00:49:77) Motion by Lisa Summers to accept the Chief Counsel report, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King a. Approve Purchase Order increase – No. JSC-16625-17-PO for Hansen Reynolds LLC. contract – file # 2017-0378 (00:49:49) Motion by Lisa Summers to approve the Purchase Order increase – No. JSC-16625-17-PO for Hansen Reynolds LLC. contract – file # 2017-0378, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King B. STANDING ITEMS 1. Land Claims Strategy (00:50:30) Motion by Lisa Summers to accept this item as information; and to defer the discussion to the November OBC work session, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King Oneida Business Committee Regular Meeting Minutes DRAFT of October 11, 2017 Page 8 of 11 Public Packet Page 23 of 237 DRAFT Motion by Lisa Summers to direct to the Law Office to assist the Chair’s Office with recommended correspondence, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King C. NEW BUSINESS 1. Approve two (2) requested actions regarding TIP Strategies, INC. Economic Development Strategic Plan contract – file # 2017-1154 (00:51:06) Requestor: Troy Parr, Division Director/Community & Economic Development Sponsor: Trish King, Treasurer Motion by Jennifer Webster to approve the TIP Strategies, INC. Economic Development Strategic Plan contract – file # 2017-1154, seconded by Lisa Summers. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King Motion by Lisa Summers to direct the funding for the contract be acquired in accordance with BC resolution # 09-28-16-B, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King 2. Approve limited waiver of sovereign immunity – Election Systems & Software LLC. – file # 2017-1114 (00:51:53) Sponsor: Tehassi Hill, Chairman Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – Election Systems & Software LLC. – file # 2017-1114, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King 3. Review request regarding Blue Skies Foundation and Freedom House Golf Outing Sponsor: Tehassi Hill, Chairman (00:53:13) Motion by Jennifer Webster to defer the request to the Chair’s Office for the appropriate follow-up, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King Motion by Jennifer Webster to forward the discussion regarding donations/sponsorships from the Nation’s vendors to the Finance Committee for the development of a standard process, seconded by Lisa Summers. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King Oneida Business Committee Regular Meeting Minutes DRAFT of October 11, 2017 Page 9 of 11 Public Packet Page 24 of 237 DRAFT 4. Review concern # 2017-CRPT05-01 (00:53:04) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to accept complaint 2017-CRPT05-01 as information, noting it has been resolved, seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King 5. Review concern # 2017-CRPT02-01 Sponsor: Daniel Guzman King, Councilman Motion by Lisa Summers to defer this item until 3:30 p.m. today, seconded by Kirby Metoxen. Motion carried unanimously: (00:53:33) Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King Motion by Lisa Summers to recess at 10:30 a.m. until 3:30 p.m., seconded by David P. Jordan. Motion carried unanimously: (00:57:04) Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King Meeting called to order by Chairman Tehassi Hill at 4:48 p.m. Vice-Chairman Brandon Stevens and Treasurer Trish King not present. Motion by Lisa Summers to defer concern # 2017- CRPT02-01 to the special Business Committee meeting on October 13, 2017, seconded by David P. Jordan. Motion carried unanimously: (00:57:10) Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King, Brandon Stevens 6. Review concern # 2017-DR06-09 (00:52:24) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to deem complaint # 2017-DR06-09 as having no merit in accordance with the Business Committee’s SOP for the Complaint Process for Direct Reports, noting the complainant did not submit additional information or provide verbal additional information as requested, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King 7. Approve limited waiver of sovereign immunity – VitalSmarts Trainer Agreement – file # 2017-1219 (00:55:07) Sponsor: Geraldine Danforth, Area Manager/Human Resources Motion by Lisa Summers to approve the limited waiver of sovereign immunity – VitalSmarts Trainer Agreement – file # 2017-1219, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King Oneida Business Committee Regular Meeting Minutes DRAFT of October 11, 2017 Page 10 of 11 Public Packet Page 25 of 237 DRAFT Motion by Lisa Summers to go into executive session at 9:27 a.m., seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King Motion by Lisa Summers to come out of executive session at 10:30 a.m., seconded by David P. Jordan. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King 8. Discuss Oneida Airport Hotel Corporation Strategy (00:56:30) Sponsor: Tehassi Hill, Chairman Motion by Lisa Summers to approve the correspondence dated October 11, 2017, seconded by Ernie Stevens III. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King XIII. ADJOURN Motion by Lisa Summers to adjourn at 4:49 p.m., seconded by Ernest Stevens III. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented on ___________. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes DRAFT of October 11, 2017 Page 11 of 11 Public Packet Page 26 of 237 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 10 / 25 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Minutes Accept as Information only Action - please describe: Approve October 13, 2017, special meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. October 13, 2017, special meeting minutes 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary Primary Requestor/Submitter: Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet Page 27 of 237 DRAFT Oneida Business Committee Special Meeting 8:15 a.m. Friday, October 13, 2017 BC Conference Room, 2nd floor, Norbert Hill Center Minutes - DRAFT SPECIAL MEETING Present: Chairman Tehassi Hill, Treasurer Trish King, Secretary Lisa Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster; Not Present: Vice-Chairman Brandon Stevens; Arrived at: ; Others present: Jo Anne House, Heather Heuer, Larry Barton, Lisa Liggins; I. CALL TO ORDER AND ROLL CALL by Chairman Tehassi Hill at 8:25 a.m. II. OPENING by Chairman Tehassi Hill For the record: Vice-Chairman Brandon Stevens is excused for the afternoon session for approved travel to attend the Haskell Board of Regents Fall meeting in Lawrence, KS. III. ADOPT THE AGENDA (00:04:10) Motion by Lisa Summers to adopt the agenda with the following change: [Add-on Executive Session – Unfinished Business item V.A.01. Review complaint # 2017-CRPT02-01], seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens IV. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to https://goo.gl/uLp2jE) A. Approve November 12, 2017, special GTC meeting materials (00:04:48) Sponsor: Lisa Summers, Tribal Secretary Motion by Lisa Summers to approve the November 12, 2017, special GTC meeting materials with the following changes: [Combine all supplemental materials into a separate packet due to printing costs; make a note on the legal review chart with a website link to where the larger sized chart can be viewed; remove images of sharpie pen, the additional ballot, and ballot machine from legal review; and note on the petition certification pages the limitations on actions that can be taken in accordance with Election Law], seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers, Jennifer Webster Oneida Business Committee Special Meeting Minutes DRAFT of October 13, 2017 Page 1 of 3 Public Packet Page 28 of 237 DRAFT Not Present: Brandon Stevens Motion by Lisa Summers to go into executive session at 8:51 a.m., seconded by Ernest Stevens III. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens Motion by Lisa Summers to come out of executive session at 9:54 a.m., seconded by Trish King. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens V. EXECUTIVE SESSION A. UNFINISHED BUSINESS 1. Review complaint # 2017-CRPT02-01 (00:26:01) Sponsor: Daniel Guzman King, Councilman Motion by Lisa Summers to enact Article 7, Section C of the Oneida Airport Hotel Corporation Charter as discussed today, noting the Chairman will send the correspondence to the affected Board Members, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens Motion by Lisa Summers for the Liaisons of the Airport Hotel Corporation Board to communicate with them the action taken by the Business Committee today, seconded by Jennifer Webster. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens Motion by Lisa Summers to post the new vacancy for the Oneida Airport Hotel Corporation Board in accordance with their Charter, seconded by Kirby Metoxen. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens EXCERPT FROM OCTOBER 11, 2017: Motion by Lisa Summers to defer concern # 2017CRPT02-01 to the special Business Committee meeting on October 13, 2017, seconded by David P. Jordan. Motion carried unanimously. Oneida Business Committee Special Meeting Minutes DRAFT of October 13, 2017 Page 2 of 3 Public Packet Page 29 of 237 DRAFT VI. ADJOURN Motion by David P. Jordan to adjourn at 9:56 a.m., seconded by Lisa Summers. Motion carried unanimously: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Brandon Stevens Minutes prepared by Heather Heuer, Information Management Specialist Minutes approved as presented on ___________. _________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Special Meeting Minutes DRAFT of October 13, 2017 Page 3 of 3 Public Packet Page 30 of 237 Public Packet Page 31 of 237 Public Packet Page 32 of 237 Oneida Nation Post Office Box 365 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # __-__-__-_ Zero Suicide Initiative WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Nation has determined that the overall goal of the Oneida Nation is to protect, maintain, and improve the standard of living and the environment in which the Oneida people live; and WHEREAS, the Oneida Nation recognizes the need to address the issue of suicide, suicide attempts and suicide ideation among tribal youth and community members; and WHEREAS, the prevalence and impact of suicide and suicide related behaviors is overwhelmingly high and undeniably problematic; and WHEREAS, the Oneida Nation understands there is a need to develop and implement a Zero Suicide Initiative to create a healthy and empowered community through providing culturallybased, trauma-informed prevention for youth suicide and substance abuse; and WHEREAS, utilizing the Oneida Nation Core Values as guiding principles, the Zero Suicide team will work with tribal leaders and departments to develop and implement a coordinated approach to providing social services to our community member’s; and WHEREAS, the Oneida Behavioral Health Department was created “to empower individuals and families within the Oneida community to restore harmony in mind, body, and spirit through culturally inspired interventions for the next seven generations; and WHEREAS, the Oneida Nation believes that our community will be strengthened by providing critically needed services and programming which will have a positive impact on our families, elders, and youth; and NOW THEREFORE BE IT RESOLVED, that the Oneida Nation authorizes and supports the submission of a Zero Suicide Initiative Grant Application to the U.S. Department of Health and Human Services/Indian Health Services in the amount of $400,000. Public Packet Page 33 of 237 Public Packet Page 34 of 237 Public Packet Page 35 of 237 Public Packet Page 36 of 237 Oneida Law From: Sent: To: Cc: Subject: Terry A. Cornelius Thursday, October 12, 2017 11:24 AM Oneida Law Denise J. Vigue; Lawrence E. Barton; Joshua C. Cottrell supporting documentation for Transamerica platform change Below is an explanation for need of the Trust agreement. There is also a corporate resolution, which was not applicable to us. I will work on rewording that resolution to a form more compatible through Transamerica and Yoder&Langford. State Street Bank and Trust Company Trust Agreement: The Trust Agreement offered by Transamerica is a trust agreement that appoints State Street Bank & Trust (SSBT) as the trustee for the plan and details the agreement between the plan sponsor and SSBT. A Trust Agreement is required for accounts offering mutual funds and/or collective trust funds. The document outlines the procedures and policies under the Trust and the responsibilities of the Trustee. If State Street Bank & Trust Company (SSBT) is appointed as trustee, the SSBT directed trust agreement must be used. SSBT acts as a passive or directed trustee, and many of the trustee responsibilities have been assigned by SSBT to Transamerica through a servicing agent agreement. Corporate Resolution: This document is required when State Street Bank & Trust (SSBT) is appointed as the Trustee for the plan. It should be on client letterhead and is required to contain the following information: (1) accept resignation of current trustee(s), (2) appoint State Street as new trustee, (3) appoint Transamerica as the new provider, (4) appoint individuals to serve as members of the retirement plan committee, (5) appoint individuals authorized to sign documents necessary to complete transactions (i.e., withdrawals, loans, election changes, distribution requests, etc.), and (6) appoint individuals authorized to sign the trust agreement and plan documents. If it’s not possible to obtain a Corporate Resolution prior to the asset transfer date, then a letter or other form of official authorization is acceptable. Terry A. Cornelius Oneida Nation Finance Department PO Box 365 Oneida, WI 54155 (O): 920‐869‐4410 (C): 920‐737‐4410 (F): 920‐869‐4393 1 Public Packet Page 37 of 237 Trust Agreement Please note that this Trust Agreement is a proprietary document of State Street Bank and Trust Company (“SSBT”), which is offered for use solely by clients of Transamerica Retirement Solutions, LLC and its affiliated companies (“TRS”). Trustee services are provided by SSBT as a directed trustee under this document to clients of TRS free of charge due to TRS's unique business relationship with SSBT. Please note that this Trust Agreement may not be modified or altered in any way. Also note there is no obligation to appoint SSBT as plan trustee; a different trustee may be appointed at your discretion. We would be glad to answer any questions you or your legal counsel may have regarding the Trust Agreement's provisions. Public Packet Page 38 of 237 TRUST AGREEMENT 6/14 Public Packet Page 39 of 237 TRUST AGREEMENT Table of Contents Section Section 1.1 Section 1.2 ARTICLE I ESTABLISHMENT Page Establishment of Trust.............................................................................................................................. 1 Plan Qualification ..................................................................................................................................... 1 ARTICLE II ADMINISTRATION OF TRUST FUND Section 2.1 Section 2.2 Section 2.3 Section 2.4 General Administration ............................................................................................................................ 1 Contributions to Trust .............................................................................................................................. 2 Accounts ................................................................................................................................................... 2 Distributions from Trust ........................................................................................................................... 2 ARTICLE III INVESTMENT DIRECTION Section 3.1 Section 3.2 Section 3.3 Section 3.4 Directed Trustee ....................................................................................................................................... 3 Named Fiduciary-Investment Direction ................................................................................................... 3 Participant-Investment Direction.............................................................................................................. 3 Short-Term Holdings Pending Instructions .............................................................................................. 3 ARTICLE IV POWERS OF TRUSTEE Section 4.1 Section 4.2 Section 4.3 Section 4.4 Section 4.5 Directed Powers of the Trustee ................................................................................................................ 4 Discretionary Powers of the Trustee ........................................................................................................ 4 Delegation ................................................................................................................................................ 5 Delivery and Custody of Funds and Securities ........................................................................................ 5 Voting ....................................................................................................................................................... 5 ARTICLE V ACCOUNTINGS Section 5.1 Section 5.2 Valuation and Reports .............................................................................................................................. 5 Approval of Account ................................................................................................................................ 5 ARTICLE VI COMPENSATION, FEES AND TAXES Section 6.1 Section 6.2 Section 6.3 Section 6.4 Trustee Compensation .............................................................................................................................. 6 Fees .......................................................................................................................................................... 6 Method of Payment .................................................................................................................................. 6 Taxes ........................................................................................................................................................ 6 ARTICLE VII RESIGNATION OR REMOVAL OF TRUSTEE Section 7.1 Resignation or Removal of Trustee .......................................................................................................... 6 i Public Packet Page 40 of 237 Section ARTICLE VIII PROTECTION/LIMITATION ON LIABILITY FOR TRUSTEE Section 8.1 Section 8.2 Section 8.3 Section 8.4 Section 8.5 Trustee's Protection .................................................................................................................................. 7 Reliance by Trustee .................................................................................................................................. 7 Absence of Instructions ............................................................................................................................ 7 Indemnification by the Employer and Plan Administrator ....................................................................... 7 Indemnification by the Trustee ................................................................................................................. 8 Page ARTICLE IX PROHIBITION OF DIVERSION Section 9.1 Prohibition of Diversion ........................................................................................................................... 8 ARTICLE X AMENDMENT AND TERMINATION OF THE TRUST Section 10.1 Amendment .............................................................................................................................................. 8 Section 10.2 Termination of Plan .................................................................................................................................. 8 Section 10.3 Termination of Trust by Employer ........................................................................................................... 8 ARTICLE XI MISCELLANEOUS PROVISIONS Section 11.1 Section 11.2 Section 11.3 Section 11.4 Section 11.5 Section 11.6 Section 11.7 Section 11.8 Section 11.9 Section 11.10 Section 11.11 Section 11.12 Section 11.13 Relationship to Plan ............................................................................................................................... 9 Nonalienation ......................................................................................................................................... 9 Certification of Trust Agreement ........................................................................................................... 9 Not a Party to Trust ................................................................................................................................ 9 Governing Law....................................................................................................................................... 9 Definition of Employer .......................................................................................................................... 9 Titles ...................................................................................................................................................... 9 Counterparts ........................................................................................................................................... 9 Severability ............................................................................................................................................ 9 Trustee’s Standard of Care ..................................................................................................................... 9 Trustee’s Acknowledgement of Fiduciary Status ................................................................................... 9 Employer Certification Re: Other Plan Assets ....................................................................................... 9 Written Notice ........................................................................................................................................ 10 ii Public Packet Page 41 of 237 TRUST AGREEMENT THIS TRUST AGREEMENT (this “Trust Agreement”), between Oneida Nation (the “Employer”), and State Street Bank and Trust Company (the "Trustee") is effective January 1, 2018. This Trust Agreement is applicable to the following plan or plans, sponsored by the Employer. Such plan or plans will be referred to collectively as “Plan” throughout this Trust Agreement, and will mean each plan referenced below, or any one, all or any combination of the plans, or the applicable plan, whichever meaning is appropriate to the section of this Trust Agreement. Account Number QK63094 QK63095 Plan Name Oneida Nation Enterprise 401(k) Plan Oneida Nation Governmental 401(k) Plan W I T N E S S E T H: WHEREAS, the Employer has duly established the Oneida Nation Enterprise 401(k) Plan and Oneida Nation Governmental 401(k) Plan, for certain of its employees and the employees of other adopting employers, if so provided in the Plan, and wishes to establish a trust (the “Trust”) to be administered by the Trustee, to which Trust contributions are to be made from time to time by the Employer and the other adopting employers, to be used for the exclusive benefit of its employees and their successors in interest in accordance with the provisions of the Plan and as set forth below; WHEREAS, Transamerica Retirement Solutions, LLC (TRS) or any successor thereto has been selected by the Employer to provide administrative and recordkeeping services for the Plan pursuant to a written service agreement between Transamerica and the Employer or the Plan Administrator; and WHEREAS, the Trustee is willing to serve as a directed trustee and to hold and administer such money and other property that is deposited to the Trust pursuant to the terms of this Trust Agreement; NOW, THEREFORE, the Employer and the Trustee agree as follows: ARTICLE I ESTABLISHMENT 1.1 Establishment of Trust. The Employer hereby establishes the Trust to hold assets of the Plan qualified under Section 401(a) of the Internal Revenue Code of 1986, as amended (“Code”). If the Plan is not qualified, the Trust will not be made available to the Employer, and if the Plan subsequently ceases at any time and for any reason to be qualified, the Trust will not remain available to the Employer. All deposits to the Plan must be made to the Trust, and all assets of the Plan must be held under the Trust, with the exception of Plan assets held in trust by a Trustee other than State Street Bank and Trust Company. The Trustee, by executing this Trust Agreement, accepts the Trust and agrees to administer the Trust as provided in this Agreement. 1.2 Plan Qualification. The Employer, by executing this Trust Agreement, represents that the Plan is a qualified plan under Section 401(a) of the Code, and agrees to notify the Trustee if it has reason to believe the Plan has ceased or will cease to be so qualified. The Trustee will have no liability or responsibility for the validity, legal effect or tax qualification of the Plan. ARTICLE II ADMINISTRATION OF TRUST FUND 2.1 General Administration. The Trust shall be administered by the Trustee for the exclusive purposes of providing benefits to Participants and their successors in interest and shall be administered in accordance with all applicable laws and regulations including without limitation the Employee Retirement Income Security Act of 1974 ("ERISA"), and this Agreement. The Trustee, by executing this Agreement, agrees to be bound by its terms. The Employer hereby agrees to provide a copy of the Plan document to the Trustee, to notify the Trustee of any amendment to the Plan and to provide promptly a copy of such amendment to the Trustee. 1 Public Packet Page 42 of 237 2.2 Contributions to Trust. The Trustee will, subject to prior review and approval, accept such contributions of cash or Employer Securities as defined by Code Section 409(1) made by or on behalf of Participants as it receives from time to time from the Employer, and such assets as may be transferred by the Plan Administrator, Participants or by the trustee or custodian of another qualified plan or individual retirement account, if the Plan Administrator has certified that such transfer is in accordance with the Plan. Pursuant to the Department of Labor Field Assistance Bulletin 2008-1, the Trustee is a directed trustee. As such, it will have no power over or responsibility for determining the time for making or the amount of any contribution to the Trust. Nor will the Trustee have any power over or responsibility for enforcing the collection of any delinquent contributions unless the Named Fiduciary directs it to do so. In that event, the Trustee will follow the direction of the Named Fiduciary in collecting delinquent contributions so long as the directions are proper, made in accordance with this Agreement and are not contrary to ERISA. If the Trustee knows that the Named Fiduciary has not assumed the responsibility for providing proper directions to the Trustee and also knows that delinquent contributions are going uncollected, then the Trustee will take appropriate steps to remedy the situation. The Trustee will have no power over or responsibility for determining that contributions satisfy any applicable requirement of the Plan or law, including, but not limited to, the minimum contribution requirements of Code Sections 412, 416 and 430. The Trustee will have no power over or responsibility for determining whether the amount of any contribution (or the portion of such contribution allocated to the account(s) of a Participant) is within any applicable limit, including, but not limited to, the limits imposed by Code Sections 401(k) and (m), 402(g), 404 and 415. The responsibilities described in this paragraph shall be those of the Employer, Named Fiduciary or Plan Administrator, whoever submits the contribution or transfer to the plan. The contribution or transfer of any amount to the Trustee hereunder constitutes a certification by the Employer and the Plan Administrator that such contribution or transfer is in accordance with the Plan. The Employer represents and warrants that it is a “Named Fiduciary” as defined in Section 402(a)(2) of ERISA, or has properly delegated the responsibility of such role to another Named Fiduciary, or that the Plan or this Agreement has named another Named Fiduciary (other than the Trustee). Whichever party is the Named Fiduciary shall be responsible for determining the amount, correctness and timing for making contributions and for directing the Trustee to collect delinquent contributions, loan repayments and other amounts required to be made to the Trust. 2.3 Accounts. The Trustee will maintain such accounts or funds as are necessary for the Trustee to carry out its responsibilities under the Trust; and the Trustee will make credits to or charges against such accounts or funds as directed. The Trustee will not maintain records of individual Participant's accounts. 2.4 Distributions from Trust. The Trustee shall pay benefits, fees and/or dividends paid on Employer Securities, if any, from the Trust only upon receipt of written direction from Transamerica Retirement Solutions, LLC ("TRS") or any successor thereto. TRS will provide such direction to the Trustee based on the written direction it receives from the Plan Administrator or a third party administrator or other entity, if authorized by the Plan Administrator. The Trustee shall rely on directions from TRS and shall be under no duty to ascertain whether the directions are in accordance with the Plan. Upon receipt of written direction as described above certifying that an amount is payable under the Plan, TRS will give direction to the Trustee who will promptly pay such amount in accordance with the notice and will be fully protected in so doing. The notice to TRS will include all information necessary to enable TRS to direct the Trustee to make such payment, including income tax withholding instructions and the account or accounts or investment fund or funds to be charged with such payments. The Plan Administrator's giving of a payment notice constitutes a certification to the Trustee and TRS that such payment is in accordance with the Plan, that the Plan Administrator has provided the Participant any and all notices and explanations required by law and that the Plan Administrator has properly obtained any waivers or consents of the Participant, the Participant's spouse or other distributee required by law. The Trustee will have no responsibility for the application of any payments made by it, for determining the rights or benefits of any person in the Trust or under the Plan, for the administration of the Plan, or for the adequacy of the Trust to meet all liabilities arising under the Plan. The Trustee shall have no responsibility for calculating or determining any amount to be distributed to a Participant and/or for compliance with any applicable requirements for distribution. 2 Public Packet Page 43 of 237 ARTICLE III INVESTMENT DIRECTION 3.1 Directed Trustee. The Trustee shall act only as a directed Trustee and shall exercise no discretion over the investment or distribution of the Trust. The Trustee shall invest and reinvest the Trust, without distinction between principal and income, in accordance with investment directions, as provided in this Article. The Trustee will have no responsibility to question such instructions or directions and will have no responsibility or liability for compliance with any applicable requirements concerning Plan investments under the Plan or ERISA or for any loss or decrease in value which results from the choice of investments for the Trust. Whenever the Trustee is permitted or required to act upon instructions or directions of the Named Fiduciary, Plan Administrator, or Participant, the Trustee will have no responsibility or liability for any action taken or omitted by the Trustee in reliance on such instructions or directions. Notwithstanding the foregoing, the Employer shall ensure that any investments of Plan assets in Employer Securities are made in accordance with the Plan and applicable law. It is understood and agreed by the parties that although the Trustee will perform certain ministerial and custodial duties with respect to the assets held in Trust, such duties will be performed by officers and other employees of the Trustee or by such other person or persons with whom the Trustee has contracted to perform services for it, all of whom may be unfamiliar with investment management, and that such duties will not include the exercise of any discretionary authority or other authority to manage and control assets comprising the Trust. It is also understood that for administrative purposes the Employer will execute all documents relating to the investment of Plan assets in any vehicle sponsored by or made available through TRS and its affiliates. The Employer or any person authorized to act on behalf of the Employer shall execute any document with respect to any investment vehicle, account, fund or product approved by the Employer or its authorized person as an investment option under the Plan and made available by or through TRS. Any such investment option shall be held under the Trust unless the Trustee or TRS notifies the Employer or its authorized person that such investment option is not permitted to be held under the Trust. 3.2 Named Fiduciary-Investment Direction. Subject to Sections 3.3 and 3.4, the Trustee is authorized to take investment instructions from TRS and TRS will provide investment instructions to the Trustee based on the written direction it receives from the Plan’s Named Fiduciary or any person authorized to act on behalf of the Named Fiduciary. The Employer will certify to TRS the identity of any person authorized to act on behalf of the Plan and will provide specimen signatures of such person(s). The Trustee and TRS may assume that the authority of such person or persons continues unless otherwise notified in writing. 3.3 Participant-Investment Direction. If the Plan permits Participants to direct the investment of some or all of their Plan accounts, the Trustee will invest the Trust pursuant to the Participant's investment directions as communicated to it by TRS. Each Participant shall convey investment instructions to the Plan Administrator and the Plan Administrator shall transmit those instructions, in writing (or such other method as TRS and the Plan Administrator may agree in a separate written agreement), promptly to TRS. TRS will then provide such investment instructions to the Trustee. Each Participant who has established a Schwab Personal Choice Retirement Account® (“PCRA”) and completed a Limited Power of Attorney ("LPOA") is authorized by the Trustee to relay trading instructions directly to Charles Schwab & Co., Inc. ("Schwab"). The Trustee or its agent may, in accordance with the LPOA, revoke the LPOA at any time by giving written notice to Schwab and reserves the right under certain circumstances to provide written direction to Schwab to liquidate a Participant’s PCRA assets for transfer to TRS on behalf of such Participant. 3.4 Short-Term Holdings Pending Instructions. In the event the Trustee fails to receive proper direction with respect to the investment of any contribution made to the Plan, the Trustee may hold such assets without liability for interest for a reasonable length of time from the date of receipt; and, then, if proper instructions have still not been received, the Trustee shall invest such contribution in a short-term investment fund. The Trustee may also hold assets awaiting distribution from the Plan for a reasonable length of time without liability for interest. The Trustee does not retain any float income; the handling of float income that may be retained by TRS is described in detail in TRS’s investment documents or Pension Services Agreement, as the case may be. 3 Public Packet Page 44 of 237 ARTICLE IV POWERS OF TRUSTEE 4.1 Directed Powers of the Trustee. The Trustee shall have the following powers and authority in the administration of the Trust; provided, however, that such powers and authority shall be exercised by the Trustee only upon the receipt of direction as provided in Article III: (a) to deal with all or any part of the Trust assets, including the power to acquire and dispose of assets; (b) to hold any part of the Trust in cash for a reasonable time pending investment or distribution, without liability for interest; (c) to enforce by suit or otherwise, or to waive its rights on behalf of the Trust, and to defend claims asserted against it or the Trust; however, the Trustee will not be required to institute or defend itself, the Plan or the Trust in any court or administrative proceeding unless it has first been indemnified to its satisfaction for costs and expenses; (d) to compromise, adjust and settle any and all claims against or in favor of it or the Trust; (e) to vote, or give proxies to vote, any stock or other security, and to waive notice of meetings; provided, however, that such rights shall be exercisable with respect to Employer Securities held as part of the Trust Fund only to the extent and in the manner set forth in the Operating Procedures; (f) to oppose, or participate in and consent to the reorganization, merger, consolidation or readjustment of the finances or capitalization of any enterprise, to pay assessments and expenses in connection therewith, and to deposit securities under deposit agreements; (g) to invest or reinvest principal and income of the funds belonging to the Trust in common or preferred stocks, including Employer Securities, mutual funds, bonds, or other securities, or limited partnership interests, or real or personal properties or interests therein, or any options, warrants or other instruments representing rights to receive, purchase, or subscribe for the same, or evidencing or representing any other rights or interests therein, or group annuity contracts which may include separate accounts issued by a legal reserve life insurance company or to hold any reasonable amounts of such principal or income in cash; (h) to execute such deeds, leases, contracts, bills of sale, notes, proxies and other instruments in writing as shall be deemed requisite or desirable in the proper administration of the Trust Fund; (i) unless otherwise provided in the Plan, to cause all or any part of the money or other property of this Trust to be commingled with the money or other property of trusts created by others by causing such assets to be invested as part of any one or more collective investment funds or group trusts maintained by fiduciaries with respect to this Plan and Trust, including the Trustee. The declaration of trust under which each such collective investment fund or group trust is established and maintained, as from time to time amended, is hereby made a part of this Trust to the same extent as if its terms were set out in full herein; (j) to sell for cash, to convert, redeem or exchange for other securities or other property, to tender securities pursuant to tender offers, or otherwise to dispose of any securities or other property at any time held by the Trustee; (k) to exercise any conversion privilege, subscription or other rights incident to property in the Trust and to make payments incidental thereto; (l) to do all acts and things, not specified herein, which it deems advisable to carry out the Trust; and generally to exercise any of the powers of an owner with respect to all or any part of the Trust. 4.2 Discretionary Powers of the Trustee. The Trustee shall have the following powers and authority in the administration of the Trust to be exercised in its sole discretion: (a) to register or cause to be registered any securities held by it hereunder in its own name or in the name of a nominee with or without the addition of words indicating that such securities are held in a fiduciary capacity, to permit securities or other property to be held by or in the name of others, to hold any securities in bearer form and to deposit any securities or other property in a domestic depository, clearing corporation, or similar corporation; (b) to make, execute, and deliver as Trustee hereunder, any and all instruments in writing necessary or proper for the accomplishment of any of the powers referred to in Section 4.1 or in this Section 4.2; (c) to employ suitable agents, advisers, and counsel and to pay their reasonable expenses and compensation as expenses of the Trust; (d) to contract with, as an agent of the Trustee, another person or persons, related or unrelated to the Trustee, for performance of any of the Trustee’s duties hereunder, including, but not limited to, Trust recordkeeping, provided that the expenses and compensation of such person or persons shall be an expense of the Trustee, and not an expense of the Trust; (e) to bring, join in, or oppose any suits or legal proceedings involving the Trust where the Trustee may be adversely affected by the outcome, individually or as trustee, or where it is advised by counsel that such action is required on its part by ERISA or other applicable law provided that the Trustee shall promptly give written notice to the Employer and offer the Employer the right to control any such action as long as such action has not been initiated by the Employer or any of its affiliates; 4 Public Packet Page 45 of 237 (f) to receive all rents, issues, dividends, income, profits, and properties of every nature due the Trust Fund, and to hold or make distribution therefore in accordance with the terms of this Trust Agreement; (g) to take any action committed to the Trustee's discretion by other provisions of this Agreement; (h) generally to exercise such powers and to do such acts (exclusive of powers and acts involving investment management or otherwise committed to the discretion of the Named Fiduciary or any other party hereunder) whether or not expressly authorized, which may be considered necessary or desirable by the Trustee for the protection of the Trust. 4.3 Delegation. In the administration of the Trust and with respect to its duties hereunder, the Trustee may employ agents and delegate to them such duties as the Trustee shall see fit. As of the effective date of the Trust Agreement, the Trustee has appointed TRS as the agent to which it has delegated certain duties. 4.4 Delivery and Custody of Funds and Securities. All settlements of transactions shall be carried out through the Trustee. The Trustee shall comply with applicable law as to such custody. 4.5 Voting. The Trustee shall forward all proxies, shareholder information calls for redemption, offer or exchange, subscription, reorganization or other proceedings affecting securities in the Trust Fund to the individual or entity holding voting power with respect to the securities involved and shall take action in respect thereto as directed; with respect to Employer Securities, the provisions of the Plan or Operating Procedures shall determine who has such voting power. ARTICLE V ACCOUNTINGS 5.1 Valuation and Reports. (a) The Trustee will keep full accounts of all its receipts, disbursements and other transactions hereunder, and, will (subject to Section 5.1(b) hereof) determine the fair market value of the assets of the Trust periodically. Within sixty days after the close of each Plan Year and at more frequent intervals as may be agreed to by the parties hereto in writing, and within sixty days after the removal or resignation of the Trustee as provided hereunder, the Trustee shall render or cause TRS to render to the Employer a report showing in reasonable summary the investments, receipts, disbursements, and other transactions engaged in during the preceding Plan Year (or such period of time during the preceding Plan Year that it was the Trustee), and setting forth the assets held in the Trust. If any assets of the Trust are invested in Employer Securities for which there is no readily ascertainable market value, the Employer shall engage an independent fiduciary to supply the Trustee with a proper valuation. For purposes of such accounts, the fiscal year of the Trust will coincide with the Plan Year. (b) Assets of the Trust shall be valued at their market values based on information and financial publications of general circulation, statistical and valuation services, or records of security exchanges. If any assets of the Trust are not traded with sufficient volume or frequency to be considered readily tradable on a national security market or exchange or if pricing information for such assets is not otherwise readily available, the Employer shall be responsible for engaging an independent appraiser to determine the value of such asset(s) and for providing that valuation information to the Trustee. The Trustee shall be entitled to conclusively rely upon such valuation for all purposes under this Trust Agreement and shall have no responsibility with respect to such valuation. (c) With the consent of the Trustee, the Plan Administrator or Employer may establish other valuation dates, and the Trustee will render to the Plan Administrator an account of the value of the Trust assets as of the current valuation date and, if requested, of its transactions hereunder since the preceding valuation date. (d) The Trustee's records, if any, relating to each Plan, shall be open to inspection, copying and audits at reasonable times by the Plan Administrator and TRS. No person other than the Plan Administrator will have the right to demand or receive any report or account from the Trustee. In any proceeding for a judicial settlement of any account or for instructions, the only necessary parties will be the Trustee, TRS, and the Plan Administrator. 5.2 Approval of Account. To the extent permissible under applicable law, the written approval of any account statement by the Plan Administrator will be final and binding upon the Employer, the Participants and all persons who now or at any time have an interest in the Trust, relating to all matters and transactions stated or shown. The failure of the Plan Administrator to notify the Trustee or its duly appointed agent within 180 days (9 ½ months for the Plan year end account statement) of the Plan Administrator's objections (if any) to the account statement after the Trustee's sending of any such account statement to the Employer will be the equivalent of written approval. If the Plan Administrator files any objections within such 180 day period (9 ½ months for the Plan year end account statement) with respect to any matters or transactions stated or shown in the account statement and the Plan Administrator and the Trustee cannot resolve the questions raised by such objections, the Trustee will have the right to have such questions settled by judicial proceedings. 5 Public Packet Page 46 of 237 ARTICLE VI COMPENSATION, FEES AND TAXES 6.1 Trustee Compensation. There are currently no direct fees due the Trustee from the Plan or the Employer except with respect to certain plans which offer Employer Securities as a plan investment option. However, for all plans, the Trustee receives indirect compensation from TRS for the services provided hereunder. The Trustee reserves the right to impose and/or amend fees upon the giving of 90 days' advance written notice to the Employer. If the Trustee resigns or is removed during the 90 day notice period, such new or amended fees will not be in effect. 6.2 Fees. Any direct fees imposed pursuant to Section 6.1 which are incurred in the administration of the Trust may be paid directly to the Trustee by the Employer. All direct fees not so directly paid by the Employer shall be paid from the assets of the Trust. 6.3 Method of Payment. In order to provide for payment of any direct fees not paid directly by the Employer as provided in Section 6.2, the Trustee in its discretion may partially or fully liquidate any asset in the Trust and shall not be liable for any loss resulting from such liquidation. Any direct fees of the Trustee which are not paid from the Trust for whatever reason will be the responsibility of the Employer. Any payment out of the Trust of any of the direct fees authorized in this Article VI shall be deemed to be for the exclusive benefit of the Participants and their successors in interest. 6.4 Taxes. (a) All real and personal property taxes, income taxes and other taxes of any and all kinds in respect of the Trust or any money, income or property forming a part of the Trust, shall be paid directly from the assets of the Trust following advance written notice to the Employer, if the Employer chooses not to pay such taxes separately. (b) The Trustee may assume that any taxes assessed on or in respect of the Trust are lawfully assessed unless the Plan Administrator or the Employer shall in writing advise the Trustee that in the opinion of counsel for the Employer such taxes are not lawfully assessed. If the Trustee is so advised and if requested to do so by the Plan Administrator and suitable provision for indemnity has been made, the Trustee shall contest the validity of such taxes in any manner deemed appropriate by the Plan Administrator, Employer or counsel for the Employer. The word "taxes" in this Section 6.4 shall be deemed to include any interest or penalties that may be levied or imposed in respect to any taxes assessed. (c) In order to provide for payment of any taxes as provided in Section 6.4, the Trustee in its discretion may partially or fully liquidate any asset in the Trust and shall not be liable for any resulting loss. Any payment out of the Trust of any taxes authorized in this Article VI, shall be deemed to be for the exclusive benefit of the Participants and their successors in interest. ARTICLE VII RESIGNATION 7.1 Resignation or Removal of Trustee. (a) The Trustee may resign at any time by giving at least 90 days' written notice to the Employer, and the Employer may remove the Trustee at any time by giving at least 90 days' written notice to the Trustee; in either case, the notice period may be reduced to such shorter period as the Trustee and the Employer agree upon. The Trustee's removal or resignation will be effective upon the last day of the notice period or, if later, the acceptance of the Trust by the successor Trustee. Until the effective date of the appointment of a successor Trustee, the incumbent Trustee will have full authority and responsibility to act as Trustee hereunder. (b) The Trustee shall give the Employer at least 90 days' notice of its resignation upon the occurrence of any one of the following events: (i) The giving of notice of termination by either party to the Pension Services Agreement, if any, between TRS and the Employer; (ii) The Employer or the Named Fiduciary directs that any Plan assets be invested in investments or investment vehicles not made available through or permitted by TRS or one of its affiliates. (c) When the Trustee's resignation or removal becomes effective, the Trustee will perform all acts necessary to transfer the assets of the Trust to its successor. However, the Trustee may reserve such portion of the Trust assets as it may reasonably determine to be necessary for payment of its fees, if any, and any taxes and expenses; any balance of such reserve remaining after payment of such fees, taxes and expenses will be paid over to its successor. (d) Resignation or removal of the Trustee will not terminate the Trust. In the event of any vacancy in the position of Trustee, whether by the resignation or removal of the Trustee, the Employer will appoint a successor Trustee and such appointment will become effective upon the acceptance of its office by the successor Trustee. If the Employer does 6 Public Packet Page 47 of 237 not appoint such a successor within 90 days after notice of resignation or removal is given, the Trustee may apply to a court of competent jurisdiction for such appointment. Each successor Trustee so appointed and accepting a Trusteeship hereunder will have all of the rights and powers and all of the duties and obligations of the original trustee under the provisions hereof. However, the Trustee may reserve such portion of the Trust assets as it may reasonably determine to be necessary for payment of its fees, if any, and any taxes and expenses; any balance of such reserve remaining after payment of such fees, taxes and expenses will be paid over to its successor. (e) No Trustee will be liable or responsible for any actions taken or not taken in the administration of the Trust before it became Trustee or after it ceases to be Trustee. ARTICLE VIII PROTECTION/LIMITATION ON LIABILITY FOR TRUSTEE 8.1 Trustee's Protection. The Trustee shall have no duty to take any action other than as specified in this Agreement, unless the Plan Administrator shall furnish it with instructions in proper form and such instructions shall have been specifically agreed to by it, or to defend or engage in any suit unless it shall have first agreed in writing to do so and shall have been fully indemnified to its satisfaction. 8.2 Reliance by Trustee. (a) The Trustee may rely upon any decision of the Plan Administrator purporting to be made pursuant to the terms of the Plan, and upon any information, statements, certifications or directions submitted by the Employer or the Plan Administrator (including statements concerning the entitlement of any Participant to benefits under the Plan or directions to make payments), and will not be bound to inquire as to the basis of any such decision or information or statements, and will incur no obligation or liability for any action taken or omitted by the Trustee in reliance thereon. (b) Whenever the Trustee is permitted or required to act upon the instructions or directions of the Employer or Plan Administrator, the Trustee will be fully protected in not acting in the absence hereof. (c) The Trustee may conclusively rely upon and shall be protected in acting in good faith upon any written representation or order from the Plan Administrator or any other notice, request, consent, certificate or other instrument or paper believed by the Trustee to be genuine and properly executed, or any instrument or paper if the Trustee believes the signature to be genuine. (d) The Trustee may consult with legal counsel (who may or may not be counsel for the Employer) concerning any questions which may arise with respect to its rights and duties under this Trust Agreement, and will be fully protected with respect to any actions taken or omitted in good faith in accordance with the opinion of such counsel. 8.3 Absence of Instructions. If the Trustee receives no instructions from the Plan Administrator or the Employer in response to communications sent to the last known address as shown on the books of the Trustee, the Trustee shall make certain determinations with respect to matters that would adversely impact the tax-qualified status of the Plan and/or the Trust. If determinations so made were in order to avoid adverse tax consequences, then they shall be binding on all persons having or claiming any interest under the Plan or Trust, and the Trustee will incur no obligation or responsibility for such determinations made in good faith, or for any action taken with respect to such determinations. 8.4 Indemnification by the Employer and Plan Administrator. (a) The Employer shall indemnify and hold harmless the Trustee and its officers, directors, employees, shareholders and agents (Trustee) from and against any losses, costs, damages, or expenses, including reasonable attorneys' fees, which may be incurred or paid out by the Trustee, by reason of: (i) actions taken by the Trustee in accordance with the directions of the Employer, Plan Administrator, TRS (when TRS is acting as agent for the Employer or the Plan Administrator), or, if applicable, a Participant or successor in interest, or actions not taken in the absence of such directions; (ii) the Trustee's exercise and performance of its powers and duties hereunder, or (iii) any (alleged or actual) action or inaction on the part of the Employer or Plan Administrator, unless, with respect to (ii) and (iii) above, such losses, costs, damages, expenses are due to the Trustee's negligence, bad faith, willful misconduct, breach of this Agreement, or of applicable law. (b) In addition, regardless of whether the Plan meets the requirements of Section 404(c) of ERISA and its regulations, if the Participant controls the investment of his or her account, the Employer shall indemnify and hold harmless the Trustee and its agent from and against any losses, costs, damages, or expenses, including reasonable attorneys' fees, which may be incurred or paid out by reason of actions taken in accordance with a Participant's directions or failing to act in the absence of such directions or acting or failing to act in reliance on a Participant's instructions incorrectly conveyed by the Plan Administrator. 7 Public Packet Page 48 of 237 (c) The Employer further agrees to indemnify and hold harmless the Trustee for any losses, costs, damages, or expenses, including reasonable attorneys' fees, which may be incurred or paid out by reason of any (alleged or actual) action or inaction on the part of any predecessor or successor Trustee. (d) Any obligation to provide indemnification under this Agreement shall be expressly conditioned upon providing written notice to the Employer of any pending or threatened action within a reasonable time after learning of such action and offering the Employer the right to control the defense of any such action as long as the Employer or any of its affiliates did not initiate such action. 8.5 Indemnification by the Trustee. (a) The Trustee and its officers, directors, employees, shareholders and agents shall indemnify and hold harmless the Employer and the Plan Administrator and their officers, directors, partners and employees (Employer) from and against any losses, costs, damages, or expenses, including reasonable attorney’s fees, incurred or paid out by reason of the Trustee’s negligence, bad faith, willful misconduct, intentional breach of this Agreement or breach of applicable law. (b) Any obligation to provide indemnification under this Agreement shall be expressly conditioned upon the provision of providing written notice to the Trustee of any pending or threatened action within a reasonable time after learning of such action and offering the Trustee the right to control the defense of any such action as long as the Trustee or its agent did not initiate such action. ARTICLE IX PROHIBITION OF DIVERSION 9.1 Prohibition of Diversion. (a) Except as provided in subparagraph (b), at no time prior to the satisfaction of all liabilities with respect to Participants and their successor in interest under the Plan shall any part of the corpus or income of the Trust be used for, or diverted to, purposes other than for the exclusive benefit of Participants or their successors in interest or for defraying reasonable expenses of administering the Plan. (b) The provisions of subparagraph (a) notwithstanding, contributions made by the Employer shall be returned to the Employer under the following conditions: (i) if a contribution to the Plan (other than a multi-employer Plan) is made by mistake of fact, such contribution, adjusted for losses, not adjusted for gains, shall be returned to the Employer within one year of the payment of such contribution; and (ii) contributions to the Plan are specifically conditioned upon their deductibility under the Internal Revenue Code. To the extent a deduction is disallowed for any such contribution, it shall be returned to the Employer within one year after the disallowance of the deduction, adjusted for losses, not adjusted for gains. Contributions which are not deductible in the taxable year in which made but are deductible in subsequent taxable years shall not be considered to be disallowed for purposes of this subsection. ARTICLE X AMENDMENT AND TERMINATION OF THE TRUST 10.1 Amendment. Either the Trustee or the Employer may amend all or any part of the Agreement at any time provided, however, that any amendment shall not be effective until it has been agreed to and executed by both parties. Any such amendment may be retroactive if necessary or appropriate to qualify or maintain the Trust as a part of a plan and trust exempt from Federal income tax under Sections 401(a) and 501(a) of the Code, the provisions of ERISA, or other applicable law. No amendment shall increase the duties or liabilities of the Trustee without the Trustee's consent; and no amendment shall divert any part of the Trust to any purpose other than providing benefits to Participants and their successors in interest or defraying reasonable expenses of administering the Plan. 10.2 Termination of Plan. If the Plan is terminated in whole or in part, the Trustee shall distribute the Trust or any part in such manner and at such times as the Plan Administrator shall direct in writing subject to the Trustee’s receipt of 90 days advance written notice. The Trust created hereunder will terminate upon the distribution or application of all the assets of the Trust. 10.3 Termination of Trust by Employer. The Employer may terminate the Trust at any time, subject to providing the Trustee with at least 90 days written notice. If the Trust is terminated, the Trustee shall distribute the assets as directed by the Employer. Upon distribution of all the assets under the Trust, the Trust is terminated. 8 Public Packet Page 49 of 237 ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 Relationship to Plan. Unless the context of this Agreement clearly indicates otherwise, any terms used in this Agreement which are defined in the Plan shall have the same meaning as in the Plan. 11.2 Nonalienation. Except as otherwise required in the case of any qualified domestic relations order within the meaning of Section 414(p) of the Code or as otherwise allowed by Code Section 401(a)(13)(A) or (C), the benefits or proceeds of any allocated or unallocated portion of the assets of the Trust and any interest of any Participant or successor in interest arising out of or created by the Plan either before or after the Participant's retirement shall not be subject to execution, attachment, garnishment or other legal or judicial process whatsoever by any person, whether creditor or otherwise, claiming against such Participant or successor in interest. No Participant or successor in interest shall have the right to alienate, encumber or assign any of the payments or proceeds or any other interest arising out of or created by the Plan and any action purporting to do so shall be void. The provisions of this Section shall apply to all Participants and successors in interest regardless of their citizenship or place of residence. 11.3 Certification of Trust Agreement. Any person dealing with the Trustee may rely upon a copy of this Agreement and any amendments certified to be true and correct by the Trustee. 11.4 Not a Party to Trust. If any contract issued by an insurance company shall form a part of the Trust assets, the insurance company shall not be deemed a party to this Trust Agreement. A certification in writing by the Trustee as to the occurrence of any event contemplated by this Trust Agreement or the Plan shall be conclusive evidence thereof and the insurance company shall be protected in relying upon such certification and shall incur no liability for so doing. With respect to any action under any such contract, the insurance company may deal with the Trustee as the sole owner thereof and need not see that any action of the Trustee is authorized by this Trust Agreement or the Plan. 11.5 Governing Law. The construction, validity and administration of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts, except to the extent that such laws have been specifically superseded by ERISA. 11.6 Definition of Employer. As used in the Agreement, "Employer" means: (a) the employer specified in the Agreement and (b) any other entity, maintaining the Plan, that is required to be aggregated with such employer under Code Section 414(b), (c), (m), or (o) and which has authorized such employer to act on its behalf for purposes of this Agreement. The term "Employer" shall include other adopting employers under the Plan, to the extent not inconsistent with the terms of the Plan. 11.7 Titles. The titles to sections of this Trust Agreement are placed herein for convenience of reference only, and the Trust Agreement is not to be construed by reference thereto. 11.8 Counterparts. This Trust Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute but one instrument, which may sufficiently be evidenced by any counterpart. 11.9 Severability. If any provision of this Trust Agreement shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions thereof, and this Trust Agreement shall be construed and enforced as if such provisions had not been included. 11.10 Trustee’s Standard of Care. The Trustee shall discharge its fiduciary duties with respect to the Plan in accordance with the following: (a) solely in the interest of the Plan’s Participants and successors in interest; and (b) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. 11.11 Trustee’s Acknowledgement of Fiduciary Status. Except as provided herein, the Trustee will provide its services hereunder to the Plan as a fiduciary within the meaning of ERISA Section 3(21). 11.12 Employer Certification Re: Other Plan Assets. The Trustee will have no responsibility for any assets of the Plan that are not held under the Trust. The Employer will promptly notify the Trustee and TRS of any Plan assets that are not held 9 Public Packet Page 50 of 237 under the Trust. Upon the Trustee’s request, the Employer shall provide a written certification to the Trustee that no Plan assets are held outside of the Trust. 11.13 Written Notice. Any written notice, demand, direction, or instruction given to the parties to this Agreement shall be duly given if mailed or delivered: (a) to the Trustee, at State Street Bank and Trust Company, One Lincoln Street, Boston, MA 02111, Attention: Director, Trust and Custody Services, or any other address as shall be specified by the Trustee in writing; and (b) to the Employer, at the address indicated on the signature page, or any other address as shall be specified by the Employer in writing. A copy of any written notice, demand, direction, or instruction between the parties to the Agreement shall be sent to Transamerica Retirement Solutions, LLC, 440 Mamaroneck Avenue, Harrison, NY 10528, Attention: Mr. Robert J. Vetere. IN WITNESS WHEREOF, this Agreement has been executed on behalf of the parties hereto, all on the day and year first above written. EMPLOYER By: Address for receipt of notices: Oneida Nation N7210 Seminary Road Oneida, WI 54155 Attn: Plan Administrator TRUSTEE By: Account # QK63094-QK63095 SSBT Trust Agreement #2 Rev 6-12-14 10 Public Packet Page 51 of 237 11 Public Packet Page 52 of 237 12 Public Packet Page 53 of 237 13 Public Packet Page 54 of 237 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Appointing State Street Bank and Trust Company to act as Trustee for the Oneida Nation Enterprise 401(k) Plan Summary This Resolution appoints State Street Bank and Trust Company to act as trustee for the Oneida Nation Enterprise 401(k) Plan. Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office Date: October 18, 2017 Analysis by the Legislative Reference Office This Resolution terminates Reliance Trust Company retirement administration as Trustee with respect to the Oneida Nation Enterprise 401(k) Plan and appoints State Street Bank and Trust Company to act as Trustee with respect to the Oneida Nation Enterprise 401(k) Plan. This trustee appointment is effective January 1, 2018. Conclusion Adoption of this Resolution would not conflict with any of the Nation’s laws. Page 1 of 1 Public Packet Page 55 of 237 Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Leave this line blank Appointing State Street Bank and Trust Company to act as Trustee for the Oneida Nation Enterprise 401(k) Plan 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 Nation sponsors the Oneida Nation Retirement Savings and 401(k) Plan (the “Enterprise 401(k) Plan”), and WHEREAS, the Nation has operated the Governmental 401(k) Plan in reasonable and good faith operation compliance with the PPA requirements since January 1, 2007 and has adopted on an operational basis, the Oneida Nation Enterprise 401(k) Plan (the “Enterprise 401(k) Plan”) in connection with such reasonable and good faith operational compliance; and WHEREAS, the Nation has now chosen to transition from Reliance Trust Company’s retirement administration as Trustee for the Enterprise 401(k) Plan to State Street Bank and Trust Company. NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee appoint State Street Bank and Trust Company to act as Trustee with respect to the Oneida Nation Enterprise 401(k) Plan effective January 1, 2018, and BE IT FUTHER RESOLVED, that the Oneida Business Committee terminates Reliance Trust Company as Trustee with respect to the Oneida Nation Enterprise 401(k) Plan effective January 1, 2018. Public Packet Page 56 of 237 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Appointing State Street Bank and Trust Company to act as Trustee for the Oneida Nation Governmental 401(k) Plan Summary This Resolution appoints State Street Bank and Trust Company to act as trustee for the Oneida Nation Governmental 401(k) Plan. Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office Date: October 18, 2017 Analysis by the Legislative Reference Office This Resolution terminates Reliance Trust Company retirement administration as Trustee with respect to the Oneida Nation Governmental 401(k) Plan and appoints State Street Bank and Trust Company to act as Trustee with respect to the Oneida Nation Governmental 401(k) Plan. This trustee appointment is effective January 1, 2018. Conclusion Adoption of this Resolution would not conflict with any of the Nation’s laws. Page 1 of 1 Public Packet Page 57 of 237 Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Leave this line blank Appointing State Street Bank and Trust Company to act as Trustee for the Oneida Nation Governmental 401(k) Plan 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 Nation sponsors the Oneida Nation Retirement Savings and 401(k) Plan (the “Governmental 401(k) Plan”), and WHEREAS, the Nation has operated the Governmental 401(k) Plan in reasonable and good faith operation compliance with the PPA requirements since January 1, 2007 and has adopted on an operational basis, the Oneida Nation Enterprise 401(k) Plan (the “Enterprise 401(k) Plan”) in connection with such reasonable and good faith operational compliance; and WHEREAS, the Nation has now chosen to transition from Reliance Trust Company’s retirement administration as Trustee for the Governmental 401(k) Plan to State Street Bank and Trust Company. NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee appoint State Street Bank and Trust Company to act as Trustee with respect to the Oneida Nation Governmental 401(k) Plan effective January 1, 2018, and BE IT FUTHER RESOLVED, that the Oneida Business Committee terminates Reliance Trust Company as Trustee with respect to the Oneida Nation Governmental 401(k) Plan effective January 1, 2018. Public Packet Page 58 of 237 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 10 / 25 / 17 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 Opposition to 2017 Senate Bill 395 Regulation and Permitting of Nonferrous Metallic Mineral Prospecting and Mining resolution. 3. Supporting Materials Report Resolution Contract Other: 1. Statement of Effect 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Tehassi Hill, Chairman Primary Requestor/Submitter: Danelle Wilson, Chairman's Assistant Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet Page 59 of 237 Oneida Nation Post Office Box 365 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # _____________ Opposition to 2017 Senate Bill 395 Regulation and Permitting of Nonferrous Metallic Mineral Prospecting and Mining 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 Wisconsin State Legislature is currently considering 2017 Senate Bill 395 (SB395) which would repeal existing state law that prohibits the Department of Natural Resources from issuing sulfide ore mining permits until the Department of Natural Resources determines that there is a mining operation in a potentially acid-generating sulfide ore body in the United States or Canada that has been in operation for at least ten years, or that has been closed for at least ten years, without resulting in the pollution of groundwater or surface water from acid drainage or from the release of heavy metals; and WHEREAS, SB 395 would also modify the point of application for groundwater standards; exempt wetland regulations from applying to some state-regulated wetlands; change the bulk sampling process; modify the application, review and permitting process; and exempt nonferrous metallic mining from certain fees required under Wisconsin law; and WHEREAS, the regulatory process proposed under SB 395 does not provide Indian tribes with an adequate, recognized role as most of the proposed mines are in areas where tribal lands and/or interests will be impacted by such mining; and WHEREAS, acid mine drainage is a serious, long-term environmental problem as can be seen through the example of Roman-era mines in Europe, which are more than 1,500 years old and still resulting in acid mine drainage; and WHEREAS, the Flambeau Mine, which the State of Wisconsin uses as an example of a successful mine, has resulted in tributaries to the Flambeau River currently being classified as impaired waters due to acute aquatic toxicity for both copper and zinc under the Wisconsin Department of Natural Resources Impaired Waters Search Tool. NOW THEREFORE BE IT RESOLVED, that the Oneida Nation opposes SB 395, which would repeal the moratorium on nonferrous metallic mining, until there are proven technologies relating to non-polluting mining. BE IT FINALLY RESOLVED, that the Oneida Nation opposes SB 395 until modifications are made to the regulatory process to increase environmental protections as SB 395 does not adequately protect the interests of Indian tribes and the public from the harms of such mining. Public Packet Page 60 of 237  OneidaNation OneidaBusinessCommittee LegislativeOperatingCommittee POBox365•Oneida,WI54155Ǧ0365 OneidaǦnsn.gov Statement of Effect Opposition to 2017 Senate Bill 395 Regulation and Permitting of Nonferrous Metallic Mineral Prospecting and Mining Summary This Resolution opposes Senate Bill 395, which would repeal the moratorium on nonferrous metallic mining, until there are proven technologies relating to non-polluting mining. Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office Date: October 3, 2017 Analysis by the Legislative Reference Office This Resolution states the Nation’s opposition to Senate Bill 395, which would repeal the moratorium on nonferrous metallic mining, until there are proven technologies relating to nonpolluting mining. The resolution also states that the Nation will oppose Senate Bill 395 until modifications are made to the regulatory process to increase environmental protections as Senate Bill 395 does not adequately protect the interests of Indian tribes and the public from the harms of such mining. Conclusion Adoption of this Resolution would not conflict with any of the Nation’s laws. Page1of1  Public Packet Page 61 of 237 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 10 / 25 / 17 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 BC Resolution titled, "Fiscal Yea [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%3Af8548f4a779ca0a0. Public record. Not legal advice.