Phone: (920)869-2214 (2016)
Tribal code
Ask Donna
What actually matters in this document.
Text
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Meeting Materials August 10, 2016
Open Session
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 372 pages are the Open Session meeting materials presented at a meeting
duly called, noticed and held on the 10th day of August, 2016.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
Page 1 of 376
Oneida Business Committee
Executive Session
9:00 a.m. Tuesday, August 9, 2016
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
9:00 a.m. Wednesday, August 10, 2016
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 Services
Sponsor:
III.
ADOPT THE AGENDA
IV.
OATHS OF OFFICE (No Requested Action)
V.
MINUTES
A. Approve July 27, 2016, regular meeting minutes
Sponsor:
VI.
page 8
Geraldine Danforth, Area Manager/Human Resources Department
page 13
Lisa Summers, Tribal Secretary
RESOLUTIONS
A. Adopt resolution titled Oneida Airport Hotel Corp. dba Radisson Inn-Green Bay Selling
Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law
Sponsor:
Larry Barton, Chief Financial Officer
B. Adopt resolution titled Oneida Bingo & Casino Selling Alcohol Beverages in Accordance
with the Oneida Alcohol Beverage Licensing Law
Sponsor:
Larry Barton, Chief Financial Officer
C. Adopt resolution titled Oneida Golf Enterprise for Thornberry Creek at Oneida Selling
Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law
Sponsor:
Larry Barton, Chief Financial Officer
Oneida Business Committee Regular Meeting Agenda of August 10, 2016
Page 1 of 7
page 28
page 32
page 36
Page 2 of 376
D. Adopt resolution titled Oneida One Stop – Larsen Selling Alcohol Beverages in
Accordance with the Oneida Alcohol Beverage Licensing Law
Sponsor:
Larry Barton, Chief Financial Officer
E. Adopt resolution titled Oneida One Stop – Packerland Selling Alcohol Beverages in
Accordance with the Oneida Alcohol Beverage Licensing Law
Sponsor:
Larry Barton, Chief Financial Officer
F. Adopt resolution titled Oneida One Stop – E & EE Selling Alcohol Beverages in
Accordance with the Oneida Alcohol Beverage Licensing Law
Sponsor:
Larry Barton, Chief Financial Officer
G. Adopt resolution titled Oneida One Stop – Westwind Selling Alcohol Beverages in
Accordance with the Oneida Alcohol Beverage Licensing Law
Sponsor:
Larry Barton, Chief Financial Officer
H. Adopt resolution titled Oneida Casino Travel Center Selling Alcohol Beverages in
Accordance with the Oneida Alcohol Beverage Licensing Law
Sponsor:
Larry Barton, Chief Financial Officer
I.
Adopt resolution titled Three Clans Airport Wingate by Wyndham Selling Alcohol
Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law
Sponsor:
Larry Barton, Chief Financial Officer
J. Adopt resolution titled West Mason Street Casino Selling Alcohol Beverages in
Accordance with the Oneida Alcohol Beverage Licensing Law
Sponsor:
Larry Barton, Chief Financial Officer
K. Adopt resolution titled Mortgage & Foreclosure (Law)
Sponsor:
page 44
page 48
page 52
page 56
page 60
page 64
page 68
Brandon Stevens, Councilman
L. Adopt resolution titled Defining Comprehensive Housing Division in the Mortgage and
Foreclosure Law
Sponsor:
Brandon Stevens, Councilman
M. Adopt resolution titled Conflict of Interest Policy Emergency Amendments
Sponsor:
page 40
page 89
page 92
Brandon Stevens, Councilman
VII.
APPOINTMENTS (No Requested Action)
VIII.
STANDING COMMITTEES
A. Legislative Operating Committee
Sponsor:
Councilman Brandon Stevens, Chair
1. Accept July 6, 2016, Legislative Operating Committee meeting minutes
page 108
2. Accept July 20, 2016, Legislative Operating Committee meeting minutes
page 112
3. Review memo regarding Employment Law and determine next steps on how to
proceed with presenting Employment Law and handbook to General Tribal Council
Oneida Business Committee Regular Meeting Agenda of August 10, 2016
Page 2 of 7
page 115
Page 3 of 376
4. Review certified Marriage Fee Schedule Rule and Marriage Fine Schedule Rule
page 118
5. Accept memo regarding update on Active Files List as information
page 135
B. Finance Committee
Sponsor:
Tribal Treasurer Trish King, Chair
1. Approve August 1, 2016, Finance Committee meeting minutes
IX.
page 139
GENERAL TRIBAL COUNCIL
A. Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution
$3,000/$5,000
Sponsor:
Lisa Summers, Tribal Secretary
1. Accept legislative analysis
page 146
2. Accept legal analysis
page 153
EXCERPT FROM JULY 27, 2016; (1) Motion by Tehassi Hill to defer the legislative analysis
regarding Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution
$3,000/$5,000, back to the Legislative Reference Office for specifics on laws and policies affected,
seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Jennifer Webster to
defer the legal analysis regarding Petitioner Michael Debraska: Special GTC meeting regarding
Per Capita Distribution $3,000/$5,000, to the August 10, 2016, regular Business Committee
meeting, seconded by Fawn Billie. Motion carried unanimously.
EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to accept the legislative progress
report, seconded by David Jordan. Motion carried unanimously. (2) Motion by Lisa Summers to
accept the legal progress report, seconded by Fawn Billie. Motion carried unanimously.
EXCERPT FROM MAY 25, 2016: Motion by Lisa Summers to accept the financial analysis,
seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM MAY 12, 2016: Motion by David Jordan to accept the verified petition from
Michael Debraska regarding Per Capita Distribution; to send the verified petition to the Law,
Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and
administrative analyses to be completed; to direct the Law, Finance, and Legislative Reference
Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a
progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to submit
the appropriate administrative analyses to the Tribal Secretary’s Office within thirty (30) day,
seconded by Lisa Summers. Motion carried unanimously.
B. Approve Special General Tribal Council FY2017 Budget meeting materials
Sponsors:
X.
page 173
Lisa Summers, Tribal Secretary; Trish King, Tribal Treasurer
STANDING ITEMS
A. Accept update from Constitutional Amendments Implementation Team
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
EXCERPT FROM JULY 27, 2016: Motion by Tehassi Hill to defer the update from the Constitutional
Amendments Implementation Team to the August 10, 2016, regular Business Committee meeting,
seconded by Jennifer Webster. Motion carried unanimously.
Oneida Business Committee Regular Meeting Agenda of August 10, 2016
Page 3 of 7
page 248
Page 4 of 376
XI.
UNFINISHED BUSINESS
A. Approve request to delete from agenda the approval of concept paper for Capital
Improvement Project # 13-011 – Oneida Nation High School
Sponsor:
Troy Parr, Assistant Division Director/Development
page 257
EXCERPT FROM JULY 27, 2016: Motion by Melinda J. Danforth to defer this item to the August
10, 2016, regular Business Committee meeting; and to request the Tribal Secretary’s Office to
schedule a time for the Oneida School Board, School Administrator and Principal, and Planning &
Development Department to be in attendance to discuss this issue further, seconded by Fawn
Billie. Motion carried unanimously.
XII.
TABLED BUSINESS
A. Adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year
2021 Adopted by General Tribal Council on June 13, 2016
Sponsor:
Lisa Summers, Tribal Secretary
page 259
EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to adopt resolution titled
Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal
Council on June 13, 2016, seconded by Brandon Stevens. Motion ruled out of order by
Chairwoman Tina Danforth. (2) Motion by Lisa Summers to table this item to the July 27, 2016,
regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously.
XIII.
NEW BUSINESS
A. Approve updated Oneida Head Start/Early Head Start Selection Criteria
Sponsor:
B. Accept 2016 Special Election Final Report and declare official results
Chair:
Liaison:
page 263
Don White, Division Director/Governmental Services
page 266
Vicki Cornelius, Oneida Election Board
Melinda J. Danforth, Tribal Vice-Chairwoman
C. Approve request from Tribal Member to direct Division Director of Environmental Health
& Safety to provide timelines, clarifications, and accountability regarding Environmental
Health & Safety FY ’16 3rd quarter report
Sponsor:
Tina Danforth, Tribal Chairwoman
XIV.
page 272
TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Chairwoman Tina Danforth – American Indian Sovereignty in
Action – Havana, Cuba – July 18-22, 2016
Oneida Business Committee Regular Meeting Agenda of August 10, 2016
Page 4 of 7
page 283
Page 5 of 376
B. TRAVEL REQUESTS
1. Approve Oneida Arts Board travel request in accordance with the Travel & Expense
Policy – Three (3) Music from Our Culture (MOC) teachers and six (6) Kids Learning
their Culture/Ways (KLU) students – National Indian Tourism Conference – Seattle, WA
– September 13-15, 2016
Chair-Elect: Dawn Walschinski, Oneida Arts Board
Liaison:
Jennifer Webster, Councilwoman
XV.
page 288
REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.)
A. OPERATIONAL REPORTS
1. Accept Human Resources Department FY ’16 3rd quarter report (1:30 p.m.-1:50 p.m.)
Sponsor:
2. Accept Governmental Services Division FY ’16 3rd quarter report (1:50 p.m.-2:10 p.m.)
Sponsor:
page 312
Don White, Division Director/Governmental Services
3. Accept Ombudsman FY ’16 3rd quarter report (2:10 p.m.-2:30 p.m.)
Sponsor:
page 294
Geraldine Danforth, Area Manager/Human Resources Department
page 355
Dianne McLester-Heim, Tribal Ombudsperson
4. Defer Internal Services Division FY ’16 3rd quarter report to the August 24, 2016,
regular Business Committee meeting
Sponsor: Joanie Buckley, Division Director/Internal Services
page 359
B. CORPORATE REPORTS (No Requested Action)
C. BOARDS, COMMITTEES, AND COMMISSIONS
1. Accept Oneida Commission on Aging FY ’16 3rd quarter report (2:30 p.m.-2:45 p.m.)
Chair:
Liaison:
2. Accept Oneida Election Board FY ’16 3rd quarter report (2:45 p.m.-3:00p.m.)
Chair:
Liaison:
XVI.
page 371
Vicki Cornelius
Melinda J. Danforth, Tribal Vice-Chairwoman
3. Accept Oneida Gaming Commission FY ’16 3rd quarter report (3:00 p.m.-3:15 p.m.)
Chair:
Liaison:
page 363
Wes Martin Jr.
Melinda J. Danforth, Tribal Vice-Chairwoman
page 373
Mark A. Powless Sr.
Brandon Stevens, Councilman
EXECUTIVE SESSION
A. REPORTS
1. Accept Chief Counsel report – Jo Anne House, Chief Counsel
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
Oneida Business Committee Regular Meeting Agenda of August 10, 2016
Page 5 of 7
page 377
Page 6 of 376
C. UNFINISHED BUSINESS
1. Accept verbal update regarding complaint # 2016-DR06-01 and defer item to August 24,
2016, regular Business Committee for final recommendation
Sponsors: Tehassi Hill, Councilman; Brandon Stevens, Councilman; Jennifer Webster,
Councilwoman
page 378
EXCERPT FROM JUNE 22, 2016: Motion by Jennifer Webster to defer the update regarding
complaint # 2016-DR06-01 to the August 10, 2016, regular Business Committee meeting,
seconded by Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MAY 25, 2016: Motion by Lisa Summers to accept the update regarding
complaint # 2016-DR06-01; and to defer item to the June 22, 2016, regular Business
Committee meeting, seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM MARCH 30, 2016: Motion by Tehassi Hill to accept Complaint # 2016-DR0601, to acknowledge merit, and to assign Councilman Brandon Stevens, Councilman Tehassi
Hill, and Councilwoman Jennifer Webster, seconded by Fawn Billie. Motion carried with one
abstention.
2. Approve investigation results and close-out concern # 2016-CC-09
Sponsor:
page 380
Melinda J. Danforth, Tribal Vice-Chairwoman; Fawn Billie, Councilwoman
EXCERPT FROM JUNE 22, 2016: Motion by Jennifer Webster to defer concern # 2016-CC09 to Vice-Chairwoman Melinda J. Danforth and Councilwoman Fawn Billie, seconded by Fawn
Billie. Motion carried unanimously.
3. Approve two (2) requests regarding complaint # 2016-DR07-01
Sponsors:
page 404
Lisa Summers, Tribal Secretary; David Jordan, Councilman; Brandon Stevens,
Councilman
EXCERPT FROM JULY 27, 2016: Motion by Melinda J. Danforth to assign Secretary Lisa
Summers, Councilman David Jordan, and Councilman Brandon Stevens to form a
subcommittee to investigate the complaint, seconded by Fawn Billie. Motion carried
unanimously.
4. Approve four (4) requests regarding Family Court Judge job description and position
(This item is scheduled at 1:30 p.m.)
Sponsors: Melinda J. Danforth, Tribal Vice-Chairwoman; Fawn Billie, Councilwoman;
Tehassi Hill, Councilman; Jennifer Webster, Councilwoman
EXCERPT FROM JULY 27, 2016: (1) Motion by Melinda J. Danforth to accept the resignation
letter in accordance with section 7.2 of employment contract # 2013-0856, seconded by Fawn
Billie. Motion carried unanimously. (2) Motion by Melinda J. Danforth to assign ViceChairwoman Melinda J. Danforth, Councilwoman Fawn Billie, Councilman Tehassi Hill, and
Councilwoman Jennifer Webster to a subcommittee to work on the Family Court Judge job
description; to invite the Chief Judges of the Judiciary and Family Court Clerk to participate in
the development of the job description; and to bring back a final job description to the August
10, 2016, regular Business Committee meeting for approval, seconded by Fawn Billie. Motion
carried unanimously.
D. TABLED BUSINESS (No Requested Action)
Oneida Business Committee Regular Meeting Agenda of August 10, 2016
Page 6 of 7
page 407
Page 7 of 376
E.
NEW BUSINESS
1. Approve limited waiver of sovereign immunity – First Data Merchant Services
– contract # 2016-0564 (9:00 a.m.-9:30 a.m.)
Sponsor: Louise Cornelius, Gaming General Manager
page 449
2. Approve request to support procedural exception to reallocate funds from CapEX to
Technology Set Aside regarding Surveillance System Replacement project for FY ’16
and FY ’17 (9:30 a.m.-10:00 a.m.)
Chair:
Mark A. Powless Sr., Gaming Commission
Liaison: Brandon Stevens, Councilman
page 482
3. Approve request from Tribal Member for accountability to be provided regarding
violation of Code of Ethics by Oneida Business Committee member at the July 27,
2016, regular Business Committee meeting (This item is scheduled at 10:00 a.m.)
Sponsor: Tina Danforth, Tribal Chairwoman
4. Review request from Tribal Member regarding depletion of Bureau of Indian Affairs –
General Assistance Grant funds and determine appropriate next steps
(This item is scheduled at 11:00 a.m.)
Sponsor: Tina Danforth, Tribal Chairwoman
5. Accept update regarding Chief Financial Officer employment contract as information
page 485
page 497
page 502
Sponsor: Trish King, Tribal Treasurer
XVII.
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 3:00 p.m., Friday, August 5, 2016, 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: oneida-nsn.gov/government/business-committee/agendas-packets/
For information, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214.
Oneida Business Committee Regular Meeting Agenda of August 10, 2016
Page 7 of 7
Page 8 of 376
The total number of years of service to the Oneida Nation by these individuals combined is 555 years.
Page 9 of 376
The total number of years of service to the Oneida Nation by these individuals combined is 555 years.
Page 10 of 376
3rd Quarter 2016 Recipients
Name
CORNELIUS,VICKIE E
HUFF,TIMOTHY A
SCHWARTZ,LISA M
CORNELIUS,LAWRENCE J
NINHAM,ROBERT M
NIESEN,CYNTHIA M
CORNELIUS,GARY E
DANFORTH,SR,DAVID W
KING,ALBERT R
LAEHN,GREGORY C
STEMPSKI,WILLIAM J
BLOEDORN,WENDY T
PERROTE,DOREEN E
BARTON,KENDALL J
DANFORTH,KATHLEEN V
HILL,LISA M
CORNELIUS,CECILIA M
DOXTATOR,ALLAN J
METOXEN,JEAN A
Supervisor Name
METOXEN,JEFFREY F
HILL,C S
WHITE,DONALD R
PETITJEAN,JAMES
DANFORTH,ALFRED
SKOLASKI,CHERYL
TELLER,FAWNE M
JORDAN,KURT G
DANFORTH,ALFRED
POELS,JAMES R
DANFORTH,DEBRA J
DAVE LARSON
STEVENS,CHERYL R
DENNY,MATTHEW J
POELS,JAMES R
STENSLOFF,PATRICK W
TELLER,FAWNE M
DANFORTH,KATSITSIYO T
DENNY,JACK E
ADOH
5/6/1991
5/6/1991
5/6/1991
6/1/1991
6/1/1991
6/5/1991
6/18/1991
6/26/1991
4/1/1986
4/7/1986
4/7/1986
5/21/1986
6/23/1986
6/30/1986
5/18/1981
6/14/1981
6/14/1981
6/14/1981
6/14/1981
Years August 10th
25
25 DECLINED
25
25
25
25
25 RETIRED
25
30
30
30
30
30
30 DECLINED
35
35
35
35
35
Page 11 of 376
Page 12 of 376
Page 13 of 376
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
08 / 10 / 16
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 July 27, 2016, regular meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. July 27, 2016, 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. Specialist/BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Page 14 of 376
DRAFT
Oneida Business Committee
Executive Session
9:00 a.m. Tuesday, July 26, 2016
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
9:00 a.m. Wednesday, July 27, 2016
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
EXECUTIVE SESSION
Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Council members: Fawn Billie,
Tehassi Hill, Jennifer Webster;
Not Present: Secretary Lisa Summers, Councilman David Jordan, Councilman Brandon Stevens;
Arrived at: Chairwoman Tina Danforth at 11:35 a.m.;
Others present: JoAnne House, Lisa Liggins, Louse Cornelius, Chad Fuss, Larry Barton, Janice
Skenandore-Hirth, Kelly McAnally, Josh Doxtator, Nathan King, Brad Graham, Gina Buenrostro;
REGULAR MEETING
Present: Chairwoman Tina Danforth, Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King,
Council members: Fawn Billie, Tehassi Hill, Jennifer Webster;
Not Present: Secretary Lisa Summers, Councilman David Jordan; Councilman Brandon Stevens;
Arrived at: ;
Others present: Nancy Barton, Brad Graham, Bill Graham, Jo Anne House, Heather Heuer, Gina
Buenrostro, Jennifer Falck, Chris Johnson, Jessica Wallenfang, Danelle Wilson, Donovan Duggan, Alexis
Hughes, Ralph Powless Jr., Dawn Moon-Kopetsky, Kirby Metoxen, Nathan King, Tonya Webster, Rosa
Laster, Yasimin Metoxen, Floyd Silas Jr., Bill King, Chris Johns, Kathy Metoxen, Cathy Metoxen, Leyne
Orosco, Jeff Bowman, Ed Delgado, Rhiannon Metoxen, Debbie Danforth, Madelyn Genskow, Larry
Barton, Lisa Liggins, LouAnn Green, Krystal John, Troy Parr, Nancy Dallas, Susan White, Linda Dallas,
Paul Witek, Pat Pelky, Carol Elm, Janice Hirth-Skenandore, Josh Doxtator, Jeff Mears, Lori Elm, Dale
Wheelock, Mike Hill, John Brueninger, Richard VanBoxtel, Sandra Reveles, Leyne Orosco, Lisa
Skenandore, Cletus Ninham, Quinnton Skenandore, Seth Charles, Leah Kuchta, Summer Doxtator,
Elena Hill, Anthony Ventura, RaeAnn Peters, Seneca Rosa Skenandore, Lanora Danforth, Daniel
Thompson, Jaimie Maass, Asia Danforth, Stacey Bossie, Florence John, Melissa Skenandore, Sandra
Skenandore, Bonnie Pigman, Sara Powless, Linda Jenkins, Leanne Doxtator, Brent Truttman, Julie
Denny, Sharon Mousseau, Carol Silva, Lauren Hartman;
I.
CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 9:00 a.m.
For the record:
Councilman David Jordan and Councilman Brandon Stevens are away
on approved travel to attend the Democratic National Convention in
Philadelphia, PA. Secretary Lisa Summers is on vacation time this week.
Oneida Business Committee Regular Meeting Minutes – DRAFT of July 27, 2016
Page 1 of 14
Page 15 of 376
DRAFT
II.
OPENING by Councilman Tehassi Hill
A. Meet the Workforce Innovation and Opportunity Act (WIOA) and Temporary Assistance for
Needy Families (TANF) Summer Youth workers
Sponsor:
Lisa Summers, Tribal Secretary
B. Recognition of the Oneida Powwow Committee for the 44th Annual Oneida Nation Powwow
Sponsor:
III.
Jennifer Webster, Councilwoman
ADOPT THE AGENDA (00:11:40)
Motion by Tehassi Hill to adopt the agenda with the following changes: [Move item 15.C.04. Accept
Powwow Committee FY ’16 3rd quarter report, to after Oaths of Office; Delete item 16.D.01. Accept
close-out report regarding complaint # 2015-DR11-01; Delete item 16.D.02. Accept close-out report
regarding complaint # 2015-DR11-02; and Delete item 16.D.03. Accept close-out report regarding
complaint # 2015-DR14-01], seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
IV.
OATHS OF OFFICE (00:20:09) administered by Vice-Chairwoman Melinda J. Danforth
A. Oneida Police Department Officers – Donovan Duggan, Alexis Hughes, Ralph Powless Jr.
B. Bay Bancorporation, Inc. Board of Directors – Nathaniel S. King
Treasurer Trish King departs at 9:28 a.m.
Treasurer Trish King returns at 9:30 a.m.
V.
MINUTES (00:30:32)
A. Approve July 13, 2016, regular meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to approve the July 13, 2016, regular meeting minutes, seconded by Trish
King. Motion carried with one abstention:
Ayes:
Melinda J. Danforth, Fawn Billie, Trish King, Jennifer Webster
Abstained:
Tehassi Hill
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
Oneida Business Committee Regular Meeting Minutes – DRAFT of July 27, 2016
Page 2 of 14
Page 16 of 376
DRAFT
VI.
RESOLUTIONS (00:35:37)
A. Adopt resolution titled Amending the Self-Governance Multi-Year Funding Agreement
Sponsor:
Chris Johns, Coordinator/Self-Governance
Motion by Melinda J. Danforth to adopt resolution # 07-27-16-A Amending the Self-Governance MultiYear Funding Agreement, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
Vice-Chairwoman Melinda J. Danforth departs at 10:02 a.m.
B. Adopt resolution titled Garnishment (Law) Amendments
Sponsor:
Brandon Stevens, Councilman
Motion by Jennifer Webster to adopt resolution # 07-27-16-B Garnishment (Law) Amendments, seconded
by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers
VII.
APPOINTMENTS (No Requested Action)
VIII.
STANDING COMMITTEES (1:08:33)
A. Legislative Operating Committee
Sponsor:
Councilman Brandon Stevens, Chair
1. Accept memo regarding Membership Ordinance Emergency Amendments
Motion by Tehassi Hill to accept the memo regarding Membership Ordinance Emergency Amendments
update as information, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers
B. Finance Committee
Sponsor:
Tribal Treasurer Trish King, Chair
1. Approve July 18, 2016, Finance Committee meeting minutes
Motion by Jennifer Webster to approve the July 18, 2016, Finance Committee meeting minutes,
seconded by Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers
Oneida Business Committee Regular Meeting Minutes – DRAFT of July 27, 2016
Page 3 of 14
Page 17 of 376
DRAFT
IX.
GENERAL TRIBAL COUNCIL (1:30:05)
A. Petitioner Michael Debraska: Special GTC meeting regarding Per Capita Distribution
$3,000/$5,000
Sponsor:
Lisa Summers, Tribal Secretary
EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to accept the legislative progress
report, seconded by David Jordan. Motion carried unanimously. (2) Motion by Lisa Summers to
accept the legal progress report, seconded by Fawn Billie. Motion carried unanimously.
EXCERPT FROM MAY 25, 2016: Motion by Lisa Summers to accept the financial analysis,
seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM MAY 12, 2016: Motion by David Jordan to accept the verified petition from
Michael Debraska regarding Per Capita Distribution; to send the verified petition to the Law,
Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and
administrative analyses to be completed; to direct the Law, Finance, and Legislative Reference
Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a
progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to
submit the appropriate administrative analyses to the Tribal Secretary’s Office within thirty (30)
day, seconded by Lisa Summers. Motion carried unanimously.
1. Accept legislative analysis
Motion by Tehassi Hill to accept the legislative analysis regarding Petitioner Michael Debraska: Special
GTC meeting regarding Per Capita Distribution $3,000/$5,000, seconded by Jennifer Webster. Motion
withdrawn.
Motion by Tehassi Hill to defer the legislative analysis regarding Petitioner Michael Debraska: Special
GTC meeting regarding Per Capita Distribution $3,000/$5,000, back to the Legislative Reference Office
for specifics on laws and policies affected, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers
2. Defer legal analysis
Motion by Jennifer Webster to defer the legal analysis regarding Petitioner Michael Debraska: Special
GTC meeting regarding Per Capita Distribution $3,000/$5,000, to the August 10, 2016, regular Business
Committee meeting, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers
B. Approve Reconvened 2016 Semi-Annual General Tribal Council meeting date
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Fawn Billie to approve scheduling Thursday, September 1, 2016 at 6:00 p.m. as the
Reconvened 2016 Semi-Annual General Tribal Council meeting date, seconded by Tehassi Hill. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers
Oneida Business Committee Regular Meeting Minutes – DRAFT of July 27, 2016
Page 4 of 14
Page 18 of 376
DRAFT
X.
STANDING ITEMS
Treasurer Trish King departs at 10:54 a.m.
Chairwoman Tina Danforth called for a five minute recess at 10:55 a.m. due to loss of quorum.
Meeting called back to order at 11:02 a.m. by Chairwoman Tina Danforth.
Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers, Councilman David Jordan, and
Councilman Brandon Stevens not present.
A. Accept update regarding Work Plan for CIP project # 14-002 Cemetery Improvements
(1:53:45) (This item is scheduled to begin at 11:00 a.m.)
Sponsor:
James Petitjean, Interim Assistant Division Director/Development
Motion by Tehassi Hill to accept the draft report regarding Work Plan for CIP project # 14-002 Cemetery
Improvements, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers
B. Defer update from Constitutional Amendments Implementation Team to August 10, 2016
(1:44:38)
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Tehassi Hill to defer the update from the Constitutional Amendments Implementation Team to
the August 10, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers
XI.
UNFINISHED BUSINESS (No Requested Action)
XII.
TABLED BUSINESS (1:44:39)
A. Adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021
Adopted by General Tribal Council on June 13, 2016
Sponsor:
Lisa Summers, Tribal Secretary
EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to adopt resolution titled
Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General
Tribal Council on June 13, 2016, seconded by Brandon Stevens. Motion ruled out of order by
Chairwoman Tina Danforth. (2) Motion by Lisa Summers to table this item to the July 27, 2016,
regular Business Committee meeting, seconded by David Jordan. Motion carried unanimously.
No action was taken on this item.
Oneida Business Committee Regular Meeting Minutes – DRAFT of July 27, 2016
Page 5 of 14
Page 19 of 376
DRAFT
XIII.
NEW BUSINESS (5:10:53)
A. Approve request to activate $265,000 from approved FY 2016 CIP budget for CIP project #
14-014 – OGE Remodel Phase II (1:48:53)
Sponsor:
Troy Parr, Assistant Division Director/Development
Motion by Tehassi Hill to approve the request to activate $265,000 from approved FY 2016 CIP budget
for CIP project # 14-014 – OGE Remodel Phase II, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers
B. Approve concept paper for Capital Improvement Project # 13-011 – Oneida Nation High
School
Sponsor:
Troy Parr, Assistant Division Director/Development
Motion by Melinda J. Danforth to defer this item to the August 10, 2016, regular Business Committee
meeting; and to request the Tribal Secretary’s Office to schedule a time for the Oneida School Board,
School Administrator and Principal, and Planning & Development Department to be in attendance to
discuss this issue further, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
C. Approve limited waiver of sovereign immunity – Career Cruising/Anaca Technologies Inc.
– contract # 2016-0710
Chair:
Debra Danforth, Oneida School Board
Liaison:
Fawn Billie, Councilwoman
Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – Career Cruising/Anaca
Technologies Inc. – contract # 2016-0710, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
D. Enter E-Poll results into the record opposing travel request – Chairwoman Tina Danforth –
Women Empowering Women for Indian Nations (WEWIN) Conference – Tulalip, WA –
August 15-18, 2016
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Trish King to enter the E-Poll results into the record opposing travel request – Chairwoman
Tina Danforth – Women Empowering Women for Indian Nations (WEWIN) Conference – Tulalip, WA –
August 15-18, 2016, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
For the record:
Chairwoman Tina Danforth stated for some reason I feel like I am being
held to a different standard when I request anything. The background
says that the request was for July 7th when the request was actually for
July 5th. On July 6th my office asked the Secretary where’s my E-Poll?
She said I don’t have time to look at it today because we have GTC
tonight. So on July 7th she reviewed it and on July 5th we suggested a
Friday deadline at noon on July 5th which was Tuesday. So when the
Secretary reviewed it according to her email late on July 7th, which was
Thursday at 3:00 something she finally released my E-Poll for travel and
Oneida Business Committee Regular Meeting Minutes – DRAFT of July 27, 2016
Page 6 of 14
Page 20 of 376
DRAFT
For the record:
I got one response from Brandon saying according to GTC we need to
hold each other accountable now. I thought accountable to what end but
whatever. And then according to the E-Poll results there were no other
responses. The next day I asked my staff if they would call each
individual committee member who had not responded for a response.
She did call. She called everyone. First she went to go see them they
weren’t here so she called them and left them a text. Some of them did
respond but I still didn’t have enough support to move it and at that point
basically I was told from the Secretary that it’s beyond the noon time
frame so whatever people responded doesn’t matter because it didn’t
come to this agenda as factual information.
Vice-Chairwoman Melinda J. Danforth stated I wanted to indicate that
although I didn’t vote within the timeframes of the E-Poll and please note
that timeframes are kind of a new concept I did respond and approve the
travel but not within the timeframe so I know that next on the agenda or
further down on the agenda the Standard Operating Procedure for EPolls is up for discussion and that’s where I’d like to discuss that
because although it says in the record that I did not vote I did vote but
just not within the timeframe because I had other commitments at that
time. So I did vote in favor of sending you to WEWIN I know it’s a
conference that you participated for many many years and that they
appreciate your leadership. I did vote in favor of sending you.
E. Approve revised Oneida Business Committee Standard Operating Procedure titled
Conducting Electronic Voting (E-Polls)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to approve the revised Oneida Business Committee Standard Operating
Procedure titled Conducting Electronic Voting (E-Polls), seconded by Fawn Billie. Motion withdrawn.
Motion by Trish King to defer this item to the next available Business Committee work meeting, seconded
by Jennifer Webster. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
XIV.
TRAVEL (No Requested Action)
Motion by Fawn Billie to recess at 12:07 p.m. until 1:30 p.m., seconded by Tehassi Hill. Motion carried
unanimously:1
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Not Present:
Melinda J. Danforth, David Jordan, Brandon Stevens, Lisa Summers
Meeting called to order by Chairwoman Tina Danforth at 1:29 p.m.
Secretary Lisa Summers, Councilwoman Fawn Billie, Councilman David Jordan, and Councilman
Brandon Stevens not present.
1 Motion to recess occurred after Standing Item X.A. Accept update regarding Work Plan for CIP project #
14-002 Cemetery Improvements
Oneida Business Committee Regular Meeting Minutes – DRAFT of July 27, 2016
Page 7 of 14
Page 21 of 376
DRAFT
XV.
REPORTS (3:03:05) (This section of the agenda is scheduled to begin at 1:30 p.m.)
Councilwoman Fawn Billie arrives at 1:31 p.m.
A. OPERATIONAL REPORTS
1. Accept Environmental Health & Safety FY ’16 3rd quarter report
(1:30 p.m. - 1:50 p.m.)
Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety
EXCERPT FROM JULY 13, 2016: Motion by Lisa Summers to defer the Environmental
Health & Safety Division FY ’16 3rd quarter report to the July 27, 2016, regular Business
Committee meeting, seconded by Brandon Stevens. Motion carried unanimously.
Motion by Melinda J. Danforth to accept the Environmental Health & Safety FY ’16 3rd quarter report,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
2. Accept Division of Land Management FY ’16 3rd quarter report
(1:50 p.m. - 2:10 p.m.)
Sponsor: Patrick Pelky, Division Director/Land Management
EXCERPT FROM JULY 13, 2016: Motion by Lisa Summers to defer the Division of Land
Management FY ’16 3rd quarter report to the July 27, 2016, regular Business Committee
meeting, seconded by Fawn Billie. Motion carried unanimously.
Motion by Tehassi Hill to accept the Division of Land Management FY ’16 3rd quarter report, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
Treasurer Trish King departs at 2:24 p.m.
Treasurer Trish King returns at 2:27 p.m.
3. Accept Oneida Housing Authority FY ’16 3rd quarter report
(2:10 p.m. - 2:30 p.m.)
Sponsor: Dale Wheelock, Director/Oneida Housing Authority
Motion by Tehassi Hill to accept the Oneida Housing Authority FY ’16 3rd quarter report, seconded by
Melinda J. Danforth. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
B. CORPORATE REPORTS (No Requested Action)
Oneida Business Committee Regular Meeting Minutes – DRAFT of July 27, 2016
Page 8 of 14
Page 22 of 376
DRAFT
C. BOARDS, COMMITTEES, AND COMMISSIONS
1. Accept Anna John Resident Centered Care Community Board FY ’16 3rd quarter report
(3:03:05) (2:30 p.m. - 2:45 p.m.)
Chair:
Candace House
Liaison:
Melinda J. Danforth, Tribal Vice-Chairwoman
EXCERPT FROM JULY 13, 2016: Motion by Jennifer Webster to defer the Anna John
Residential Centered Care Community Board FY ’16 3rd quarter report to the July 27, 2016,
regular Business Committee meeting, seconded by Trish King. Motion carried unanimously.
Motion by Tehassi Hill to accept the Anna John Resident Centered Care Community Board FY ’16 3 rd
quarter report, seconded by Jennifer Webster. Motion carried with one abstention:
Ayes:
Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster
Abstained:
Fawn Billie
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
Councilman Tehassi Hill departs at 2:34 p.m.
Councilman Tehassi Hill returns at 2:36 p.m.
2. Accept Oneida Nation Veterans Affairs Committee FY ’16 3rd quarter report
(2:45 p.m. - 3:00 p.m.)
Chair:
Mike Hill
Liaison:
Jennifer Webster, Councilwoman
Motion by Tehassi Hill to accept the Oneida Nation Veterans Affairs Committee FY ’16 3rd quarter report,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
3. Accept Oneida Police Commission FY ’16 3rd quarter report
(3:00 p.m. - 3:15 p.m.)
Chair:
Bernie John-Stevens
Liaison:
Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to accept the Oneida Police Commission FY ’16 3rd quarter report, seconded
by Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
4. Accept Oneida Powwow Committee FY ’16 3rd quarter report (00:26:16)
(3:15 p.m. - 3:30 p.m.)
Chair:
Tonya Webster
Liaison:
Fawn Billie, Councilwoman
Motion by Jennifer Webster to accept the Oneida Powwow Committee FY ’16 3rd quarter report,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
Oneida Business Committee Regular Meeting Minutes – DRAFT of July 27, 2016
Page 9 of 14
Page 23 of 376
DRAFT
5. Accept Southeastern Oneida Tribal Services Advisory Board FY ’16 3 rd quarter report
(3:30 p.m. - 3:45 p.m.)
Chair:
Daniel Schiller
Liaison:
Tina Danforth, Tribal Chairwoman
Motion by Tehassi Hill to accept the Southeastern Oneida Tribal Services Advisory Board FY ’16 3rd
quarter report, seconded by Trish King. Motion carried with one opposed:
Councilman Tehassi Hill departs at 3:28 p.m. before voting occurs.
Ayes:
Opposed:
Not Present:
XVI.
Fawn Billie, Trish King, Jennifer Webster
Melinda J. Danforth
Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers
EXECUTIVE SESSION (6:11:48)
A. REPORTS
1. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager
(9:00 a.m. - 9:45 a.m.)
Motion by Melinda J. Danforth to accept the Gaming General Manager report, seconded by Trish King.
Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
2. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
Motion by Melinda J. Danforth to accept the Intergovernmental Affairs & Communications report,
seconded by Trish King. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
Motion by Melinda J. Danforth to approve a Business Committee member to travel to Carter, WI to attend
the State Consultation from August 3-4, 2016, seconded by Trish King. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
Motion by Jennifer Webster to assign Chairwoman Tina Danforth or Vice-Chairwoman Melinda J.
Danforth to serve on the HALO Legislative Review Subcommittee, seconded by Trish King. Motion
carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
Oneida Business Committee Regular Meeting Minutes – DRAFT of July 27, 2016
Page 10 of 14
Page 24 of 376
DRAFT
3. Accept Chief Counsel report – Jo Anne House, Chief Counsel
Motion by Trish King to accept the Chief Counsel report, seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
Motion by Jennifer Webster to approve contract # 2016-0809 with Dr. David Edmunds, seconded by
Melinda J. Danforth. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise – Ladies Professional Golf Association
(10:15 a.m. - 10:45 a.m.)
Sponsor: Trish King, Tribal Treasurer
Motion by Melinda J. Danforth to accept the update regarding Oneida Golf Enterprise – Ladies
Professional Golf Association, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
C. AUDIT COMMITTEE (No Requested Action)
D. UNFINISHED BUSINESS
1. Accept close-out report regarding complaint # 2015-DR11-01
Sponsor:
David Jordan, Councilman
EXCERPT FROM MAY 25, 2016: Motion by David Jordan to approve the request to close-out
complaint # 2015-DR11-01, seconded by Jennifer Webster. Motion carried unanimously.
EXCERPT FROM APRIL 27, 2016: Motion by Jennifer Webster to defer complaint # 2015DR11-01 to the May 25, 2016, regular Business Committee meeting, seconded by Tehassi
Hill. Motion carried unanimously.
EXCERPT FROM MARCH 30, 2016: Motion by David Jordan to defer the update regarding
complaint # 2015-DR11-01 to the April 27, 2016, regular Business Committee meeting,
seconded by Jennifer Webster.
EXCERPT FROM MARCH 9, 2016: Motion by David Jordan to defer the update regarding
complaint # 2015-DR11-01 to the March 30, 2016, regular Business Committee meeting,
seconded by Jennifer Webster. Motion carried unanimously.
EXCERPT FROM FEBRUARY 24, 2016: Motion by Lisa Summers to defer the remainder of
the agenda to the March 9, 2016, regular Business Committee meeting, seconded by Fawn
Billie. Motion carried unanimously.
EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept complaint #
2015-DR11-01 and to defer item to Chairwoman Tina Danforth, Councilman David Jordan,
and Councilman Brandon Stevens for follow-up, seconded by Jennifer Webster. Motion
carried unanimously.
Item deleted at the adoption of the agenda.
Oneida Business Committee Regular Meeting Minutes – DRAFT of July 27, 2016
Page 11 of 14
Page 25 of 376
DRAFT
2. Accept close-out report regarding complaint # 2015-DR11-02
Sponsor:
David Jordan, Councilman
EXCERPT FROM MAY 25, 2016: Motion by David Jordan to approve the request to close-out
complaint # 2015-DR11-02; and to accept item as information, seconded by Trish King.
Motion carried with one abstention.
EXCERPT FROM APRIL 27, 2016: Motion by Jennifer Webster to defer Complaint # 2015DR11-02 to the May 25, 2016, regular Business Committee meeting, seconded by Tehassi
Hill. Motion carried unanimously.
EXCERPT FROM MARCH 30, 2016: Motion by David Jordan to defer the update regarding
Complaint # 2015-DR11-02 to the April 27, 2016, regular Business Committee meeting,
seconded by Jennifer Webster.
EXCERPT FROM MARCH 9, 2016: Motion by David Jordan to defer the update regarding
complaint # 2015-DR11-02 to the March 30, 2016, regular Business Committee meeting,
seconded by Brandon Stevens. Motion carried unanimously.
EXCERPT FROM FEBRUARY 24, 2016: Motion by Lisa Summers to defer the remainder of
the agenda to the March 9, 2016, regular Business Committee meeting, seconded by Fawn
Billie. Motion carried unanimously.
EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept complaint #
2015-DR11-02 and to defer item to Chairwoman Tina Danforth, Councilman David Jordan,
and Councilman Brandon Stevens for follow-up, seconded by Fawn Billie. Motion carried
unanimously.
Item deleted at the adoption of the agenda.
3. Accept close-out report regarding complaint # 2015-DR14-01
Sponsor:
David Jordan, Councilman
EXCERPT FROM MAY 25, 2016: Motion by David Jordan to approve the request to close-out
complaint # 2015-DR14-01, seconded by Brandon Stevens. Motion carried with one
abstention.
EXCERPT FROM APRIL 27, 2016: Motion by Jennifer Webster to defer Complaint # 2015DR14-01 to the May 25, 2016, regular Business Committee meeting, seconded by Tehassi
Hill. Motion carried unanimously.
EXCERPT FROM MARCH 30, 2016: Motion by David Jordan to defer the update regarding
Complaint # 2015-DR14-01 to the April 27, 2016, regular Business Committee meeting,
seconded by Jennifer Webster.
EXCERPT FROM MARCH 9, 2016: Motion by David Jordan to defer the update regarding
complaint # 2015-DR14-01 to the March 30, 2016, regular Business Committee meeting,
seconded by Brandon Stevens. Motion carried unanimously.
EXCERPT FROM FEBRUARY 24, 2016: Motion by Lisa Summers to defer the remainder of
the agenda to the March 9, 2016, regular Business Committee meeting, seconded by Fawn
Billie. Motion carried unanimously.
EXCERPT FROM DECEMBER 9, 2015: Motion by David Jordan to defer complaint # 2015DR14-01 to Chairwoman Tina Danforth, Councilman David Jordan, and Councilman Brandon
Stevens for follow-up, seconded by Lisa Summers. Motion carried unanimously.
Item deleted at the adoption of the agenda.
E. TABLED BUSINESS (No Requested Action)
Oneida Business Committee Regular Meeting Minutes – DRAFT of July 27, 2016
Page 12 of 14
Page 26 of 376
DRAFT
F. NEW BUSINESS
1. Approve limited waiver of sovereign immunity – Micros Fidelio World Wide, LLC. –
contract # 2016-0734
Sponsor: Louise Cornelius, Gaming General Manager
Motion by Melinda J. Danforth to approve the limited waiver of sovereign immunity – Micros Fidelio World
Wide, LLC. – contract # 2016-0734, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
2. Approve request from Southeastern Oneida Tribal Services Advisory Board to
terminate appointment of member
Chair:
Daniel Schiller, Southeastern Oneida Tribal Services Advisory Board
Liaison:
Tina Danforth, Tribal Chairwoman
Motion by Fawn Billie to approve the request to terminate the appointment of James Flores to the
Southeastern Oneida Tribal Services Advisory Board in accordance with section 1-10 of the Southeastern
Oneida Tribal Services Advisory Board By-laws and section 6-5 of the Comprehensive Policy Governing
Boards, Committees, and Commissions, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
3. Review complaint # 2016-DR07-01 and determine appropriate next steps
(1:30 p.m. - 2:00 p.m.)
Sponsor: David Jordan, Councilman
Motion by Melinda J. Danforth to assign Secretary Lisa Summers, Councilman David Jordan, and
Councilman Brandon Stevens to form a subcommittee to investigate the complaint, seconded by Fawn
Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
4. Accept letter of resignation in accordance with section 7.2 of employment contract #
2013-0856 and determine next steps
(9:45 a.m. - 10:15 a.m.)
Sponsors: Lisa Summers, Tribal Secretary; David Jordan, Councilman
Motion by Melinda J. Danforth to accept the resignation letter in accordance with section 7.2 of
employment contract # 2013-0856, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
Motion by Melinda J. Danforth to assign Vice-Chairwoman Melinda J. Danforth, Councilwoman Fawn
Billie, Councilman Tehassi Hill, and Councilwoman Jennifer Webster to a subcommittee to work on the
Family Court Judge job description; to invite the Chief Judges of the Judiciary and Family Court Clerk to
participate in the development of the job description; and to bring back a final job description to the
August 10, 2016, regular Business Committee meeting for approval, seconded by Fawn Billie. Motion
carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
Oneida Business Committee Regular Meeting Minutes – DRAFT of July 27, 2016
Page 13 of 14
Page 27 of 376
DRAFT
XVII.
ADJOURN
Motion by Fawn Billie to adjourn at 4:53 p.m., seconded by Trish King. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Trish King, Jennifer
Webster
Not Present:
David Jordan, Brandon Stevens, Lisa Summers
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented/corrected on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee Regular Meeting Minutes – DRAFT of July 27, 2016
Page 14 of 14
Page 28 of 376
Page 29 of 376
Page 30 of 376
Page 31 of 376
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
Oneida Airport Hotel Corp. dba Radisson Inn-Green Bay Selling Alcohol Beverages in Accordance
with the Oneida Alcohol Beverage Licensing Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee may grant a license to sell alcohol beverages through a
resolution pursuant to Article 59.4-2 of the Oneida Alcohol Beverage Licensing Law; and
WHEREAS,
the Oneida Airport Hotel Corp. dba Radisson Inn-Green Bay has satisfied the
requirements of the Oneida Alcohol Beverage Licensing Law, including the procurement
of a license to sell alcohol by the local municipality, the Village of Ashwaubenon; and
WHEREAS,
the Oneida Airport Hotel Corp. has requested the Oneida Business Committee grant it a
license to sell alcohol at the Radisson Inn-Green Bay; and
WHEREAS,
the Oneida License Department has reviewed the Radisson Inn-Green Bay’s Renewal
application along with all required documents, and have determined they are in
compliance for renewal; and
NOW, THEREFORE, BE IT RESOLVED, that the Oneida Airport Hotel Corp. dba Radisson Inn-Green
Bay, may sell alcohol beverages in accordance with the Oneida Alcohol Beverage Licensing Law and the
prevailing laws of the local municipality, the Village of Ashwaubenon, WI, to be issued by the Oneida
License Department.
Page 32 of 376
Page 33 of 376
Page 34 of 376
Page 35 of 376
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
Oneida Bingo & Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol
Beverage Licensing Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee may grant a license to sell alcohol beverages through a
resolution pursuant to Article 59.4-2 of the Oneida Alcohol Beverage Licensing Law; and
WHEREAS,
the Oneida Bingo & Casino has satisfied the requirements of the Oneida Alcohol
Beverage Licensing Law, including the procurement of a license to sell alcohol by the
local municipality, the Village of Ashwaubenon; and
WHEREAS,
the Oneida Bingo & Casino has requested the Oneida Business Committee grant it a
license to sell alcohol at the Oneida Bingo & Casino; and
WHEREAS,
the Oneida License Department has reviewed the Oneida Bingo & Casino’s Renewal
application along with all required documents, and have determined they are in
compliance for renewal; and
NOW, THEREFORE, BE IT RESOLVED, that the Oneida Bingo & Casino, may sell alcohol beverages in
accordance with the Oneida Alcohol Beverage Licensing Law and the prevailing laws of the local
municipality, the Village of Ashwaubenon, WI, to be issued by the Oneida License Department.
Page 36 of 376
Page 37 of 376
Page 38 of 376
Page 39 of 376
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
Oneida Golf Enterprise for Thornberry Creek at Oneida Selling Alcohol Beverages in Accordance
with the Oneida Alcohol Beverage Licensing Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee may grant a license to sell alcohol beverages through a
resolution pursuant to Article 59.4-2 of the Oneida Alcohol Beverage Licensing Law; and
WHEREAS,
the Oneida Golf Enterprise for Thornberry Creek at Oneida, by Oneida Retail Enterprise,
has satisfied the requirements of the Oneida Alcohol Beverage Licensing Law, including
the procurement of a license to sell alcohol by the local municipality, the Village of
Hobart; and
WHEREAS,
the Oneida Golf Enterprise has requested the Oneida Business Committee grant it a
license to sell alcohol at the Thornberry Creek at Oneida; and
WHEREAS,
the Oneida License Department has reviewed the Thornberry Creek at Oneida’s Renewal
application along with all required documents, and have determined they are in
compliance for renewal; and
NOW, THEREFORE, BE IT RESOLVED, that the Oneida Golf Enterprise for Thornberry Creek at
Oneida, may sell alcohol beverages in accordance with the Oneida Alcohol Beverage Licensing Law and
the prevailing laws of the local municipality, the Village of Hobart, WI, to be issued by the Oneida License
Department.
Page 40 of 376
Page 41 of 376
Page 42 of 376
Page 43 of 376
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
Oneida One Stop – Larsen Selling Alcohol Beverages in Accordance with the Oneida Alcohol
Beverage Licensing Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee may grant a license to sell alcohol beverages through a
resolution pursuant to Article 59.4-2 of the Oneida Alcohol Beverage Licensing Law; and
WHEREAS,
the Oneida One Stop – Larsen, by Oneida Retail Enterprise, has satisfied the requirements
of the Oneida Alcohol Beverage Licensing Law, including the procurement of a license to
sell alcohol by the local municipality, the City of Green Bay; and
WHEREAS,
the Oneida Retail Enterprise has requested the Oneida Business Committee grant it a
license to sell alcohol at the Oneida One Stop – Larsen; and
WHEREAS,
the Oneida License Department has reviewed the Oneida One Stop – Larsen’s Renewal
application along with all required documents, and have determined they are in compliance
for renewal; and
NOW, THEREFORE, BE IT RESOLVED, that the Oneida Retail Enterprise, Oneida One Stop – Larsen,
may sell alcohol beverages in accordance with the Oneida Alcohol Beverage Licensing Law and the
prevailing laws of the local municipality, the City of Green Bay, WI, to be issued by the Oneida License
Department.
Page 44 of 376
Page 45 of 376
Page 46 of 376
Page 47 of 376
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
Oneida One Stop – Packerland Selling Alcohol Beverages in Accordance with the Oneida Alcohol
Beverage Licensing Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee may grant a license to sell alcohol beverages through a
resolution pursuant to Article 59.4-2 of the Oneida Alcohol Beverage Licensing Law; and
WHEREAS,
the Oneida One Stop – Packerland, by Oneida Retail Enterprise, has satisfied the
requirements of the Oneida Alcohol Beverage Licensing Law, including the procurement
of a license to sell alcohol by the local municipality, the Village of Ashwaubenon; and
WHEREAS,
the Oneida Retail Enterprise has requested the Oneida Business Committee grant it a
license to sell alcohol at the Oneida One Stop – Packerland; and
WHEREAS,
the Oneida License Department has reviewed the Oneida One Stop – Packerland’s
Renewal application along with all required documents, and have determined they are in
compliance for renewal; and
NOW, THEREFORE, BE IT RESOLVED, that the Oneida Retail Enterprise, Oneida One Stop –
Packerland, may sell alcohol beverages in accordance with the Oneida Alcohol Beverage Licensing Law
and the prevailing laws of the local municipality, the Village of Ashwaubenon, WI, to be issued by the
Oneida License Department.
Page 48 of 376
Page 49 of 376
Page 50 of 376
Page 51 of 376
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
Oneida One Stop – E & EE Selling Alcohol Beverages in Accordance with the Oneida Alcohol
Beverage Licensing Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee may grant a license to sell alcohol beverages through a
resolution pursuant to Article 59.4-2 of the Oneida Alcohol Beverage Licensing Law; and
WHEREAS,
the Oneida One Stop – E & EE, by Oneida Retail Enterprise, has satisfied the requirements
of the Oneida Alcohol Beverage Licensing Law, including the procurement of a license to
sell alcohol by the local municipality, the Town of Oneida; and
WHEREAS,
the Oneida Retail Enterprise has requested the Oneida Business Committee grant it a
license to sell alcohol at the Oneida One Stop – E & EE; and
WHEREAS,
the Oneida License Department has reviewed the Oneida One Stop – E & EE’s Renewal
application along with all required documents, and have determined they are in compliance
for renewal; and
NOW, THEREFORE, BE IT RESOLVED, that the Oneida Retail Enterprise, Oneida One Stop – E & EE,
may sell alcohol beverages in accordance with the Oneida Alcohol Beverage Licensing Law and the
prevailing laws of the local municipality, the Town of Oneida, WI, to be issued by the Oneida License
Department.
Page 52 of 376
Page 53 of 376
Page 54 of 376
Page 55 of 376
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
Oneida One Stop – Westwind Selling Alcohol Beverages in Accordance with the Oneida Alcohol
Beverage Licensing Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee may grant a license to sell alcohol beverages through a
resolution pursuant to Article 59.4-2 of the Oneida Alcohol Beverage Licensing Law; and
WHEREAS,
the Oneida One Stop – Westwind, by Oneida Retail Enterprise, has satisfied the
requirements of the Oneida Alcohol Beverage Licensing Law, including the procurement
of a license to sell alcohol by the local municipality, the City of Green Bay; and
WHEREAS,
the Oneida Retail Enterprise has requested the Oneida Business Committee grant it a
license to sell alcohol at the Oneida One Stop – Westwind; and
WHEREAS,
the Oneida License Department has reviewed the Oneida One Stop – Westwind’s Renewal
application along with all required documents, and have determined they are in compliance
for renewal; and
NOW, THEREFORE, BE IT RESOLVED, that the Oneida Retail Enterprise, Oneida One Stop – Westwind,
may sell alcohol beverages in accordance with the Oneida Alcohol Beverage Licensing Law and the
prevailing laws of the local municipality, the City of Green Bay, WI, to be issued by the Oneida License
Department.
Page 56 of 376
Page 57 of 376
Page 58 of 376
Page 59 of 376
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
Oneida Casino Travel Center Selling Alcohol Beverages in Accordance with the Oneida Alcohol
Beverage Licensing Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee may grant a license to sell alcohol beverages through a
resolution pursuant to Article 59.4-2 of the Oneida Alcohol Beverage Licensing Law; and
WHEREAS,
the Oneida Casino Travel Center, by Oneida Retail Enterprise, has satisfied the
requirements of the Oneida Alcohol Beverage Licensing Law, including the procurement
of a license to sell alcohol by the local municipality, the Town of Pittsfield; and
WHEREAS,
the Oneida Retail Enterprise has requested the Oneida Business Committee grant it a
license to sell alcohol at the Oneida Casino Travel Center; and
WHEREAS,
the Oneida License Department has reviewed the Oneida Casino Travel Center’s Renewal
application along with all required documents, and have determined they are in compliance
for renewal; and
NOW, THEREFORE, BE IT RESOLVED, that the Oneida Casino Travel Center, may sell alcohol
beverages in accordance with the Oneida Alcohol Beverage Licensing Law and the prevailing laws of the
local municipality, the Town of Pittsfield, WI, to be issued by the Oneida License Department.
Page 60 of 376
Page 61 of 376
Page 62 of 376
Page 63 of 376
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
Three Clans Airport Wingate by Wyndham Selling Alcohol Beverages in Accordance with the
Oneida Alcohol Beverage Licensing Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee may grant a license to sell alcohol beverages through a
resolution pursuant to Article 59.4-2 of the Oneida Alcohol Beverage Licensing Law; and
WHEREAS,
the Three Clans Airport. dba Wingate by Wyndham has satisfied the requirements of the
Oneida Alcohol Beverage Licensing Law, including the procurement of a license to sell
alcohol by the local municipality, the Village of Ashwaubenon; and
WHEREAS,
the Oneida Airport Hotel Corp. has requested the Oneida Business Committee grant it a
license to sell alcohol at the Wingate by Wyndham; and
WHEREAS,
the Oneida License Department has reviewed the Three Clans Airport. dba Wingate by
Wyndham’s Renewal application along with all required documents, and have determined
they are in compliance for renewal; and
NOW, THEREFORE, BE IT RESOLVED, that the Three Clans Airport. dba Wingate by Wyndham, may sell
alcohol beverages in accordance with the Oneida Alcohol Beverage Licensing Law and the prevailing laws
of the local municipality, the Village of Ashwaubenon, WI, to be issued by the Oneida License Department.
Page 64 of 376
Page 65 of 376
Page 66 of 376
Page 67 of 376
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
West Mason Street Casino Selling Alcohol Beverages in Accordance with the Oneida Alcohol
Beverage Licensing Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee may grant a license to sell alcohol beverages through a
resolution pursuant to Article 59.4-2 of the Oneida Alcohol Beverage Licensing Law; and
WHEREAS,
the West Mason Street Casino, has satisfied the requirements of the Oneida Alcohol
Beverage Licensing Law, including the procurement of a license to sell alcohol by the local
municipality, the City of Green Bay; and
WHEREAS,
the West Mason Street Casino has requested the Oneida Business Committee grant it a
license to sell alcohol at the Casino; and
WHEREAS,
the Oneida License Department has reviewed the West Mason Street Casino’s Renewal
application along with all required documents, and have determined they are in compliance
for renewal; and
NOW, THEREFORE, BE IT RESOLVED, that the West Mason Street Casino, may sell alcohol beverages
in accordance with the Oneida Alcohol Beverage Licensing Law and the prevailing laws of the local
municipality, the City of Green Bay, WI, to be issued by the Oneida License Department.
Page 68 of 376
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
8
/ 10 / 16
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:
Consider the adoption resolution titled Mortgage & Foreclosure Law
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Memo and Resolution
3. Legislative Analysis
2. Statement of Effect & Fiscal Impact Statement
4. Redline draft & clean draft
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, Councilman
Primary Requestor/Submitter:
Jennifer Falck, Director/Legislative Reference Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Page 69 of 376
Oneida Nation
OODDDD=
PO Box 365 • Oneida, WI 541:1.5-0365
ONEIDA
One ida·nsn.gov
TO:
FROM:
DATE:
RE:
~
Oneida Business Committee
Legislative Operating Committee
Oneida Business Committee
Brandon Stevens, LOC Chairperso~
August 10,2016
Mortgage and Foreclosure Law
Please find the following attached backup documentation for your consideration of the Mmtgage
and Foreclosure law:
1. Resolution: Mortgage and Foreclosure (Law)
2.
3.
4.
5.
Statement of Effect: Mortgage and Foreclosure (Law)
Mortgage and Foreclosure (Law) Legislative Analysis
Mortgage and Foreclosure (Law) Draft
Mortgage and Foreclosure (Law) Fiscal Impact Statement
Overview
This Resolution adopts a new Mortgage and Foreclosure law. The provisions of this law are
summarized as follows:
Q
The law contains the m1mmum framework for the Nation's mmtgage programs and
foreclosure process.
The Comprehensive Housing Division and the Land Commission have joint delegated
rulemaking authority under this law to develop rules that may contain more detailed
requirements [see 612.3-1(r)].
At least one Tribal member must be included on a mmtgage application [see 612.4-2(b)].
There is nothing in the law that prevents non-tribal member spouses from remaining in
the mortgaged property in the event of death or divorce of the Tribal member [see 612.45].
Mortgagors in default have an opportunity to enter into an agreement to cure default prior
to foreclosure at the discretion of the Comprehensive Housing Division [see 612.6-1].
Once a judgment to foreclose has been issued by the Judiciary, the mmtgagor will receive
an order to vacate [see 612.7-5].
The mmtgagor has a 6 month redemption period if the home was occupied prior to the
judgment to foreclose, or 5 weeks if the home was abandoned prior to the judgment to
foreclose. The mortgagor may redeem the mmtgage by paying the full amount of the
mortgage and any related fees. If this occurs, the Judiciary will vacate the order to
foreclose [see 612.7-4].
The Nation cannot resell the foreclosed prope1ty until after the redemption period has
lapsed and all appeals have been exhausted [see 612.7 -6].
A good mind. A good heart. A strong fire.
Page 70 of 376
The hearing body authority regarding foreclosure judgments has transferred from the
Land Commission to the Judiciary [see 612.8-2].
In accordance with the Legislative Procedures Act, a public meeting was held regarding these
amendments on June 30, 2016 with a comment period closing on July 7, 2016. Those comments
were accepted and considered by the Legislative Operating Committee (LOC) at July 20, 2016
LOC meeting.
Reque§ted Action
Approve the Resolution: Mortgage and Foreclosure (Law)
Page 2 of 2
A good mind. A good heart. A strong fire.
~
ONEIDA
Page 71 of 376
1
2
3
4
5
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
6
7
WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;
and
8
9
10
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
11
12
WHEREAS, the Nation currently offers mortgage programs and a foreclosure process
according to section 67.14 of the Real Property law; and
13
14
15
16
WHEREAS, the Real Property law provides the minimum requirements related to the mortgage
programs and mortgage foreclosure and the details that govern operation of the
individual mortgage options; and the detailed foreclosure process are provided in
Division of Land Management standard operating procedures; and
17
18
19
20
WHEREAS, an assessment of the Real Property law and housing programs has determined that
it would be beneficial to separate the Real Property law into multiple laws further
detailing such processes and formally delegating rulemaking authority pursuant to
the Administrative Rulemaking law; and
21
22
23
24
WHEREAS, this law contains additional details related to mortgage programs and delegates
joint rulemaking authority to the Land Commission and the Comprehensive
Housing Division to create rules naming each mortgage option and the specific
requirements related to each, and
25
26
27
28
WHEREAS, this law provides a more detailed foreclosure process that takes both the Nation
and the potential mortgagor step-by-step through the process required to
foreclose, including the option to enter an agreement to cure prior to foreclosure
and a redemption period; and
29
30
31
WHEREAS, this law provides that selection and decision making authority related to mortgages
lies solely with the Comprehensive Housing Division and that such decisions are
not appealable to the Judiciary; and
32
33
34
WHEREAS, this law transfers the hearing body authority related to foreclosure from the Land
Commission, as currently assigned in the Real Property law, to the Oneida
Judiciary;
BC Resolution _____________
Mortgage and Foreclosure Law
Page 72 of 376
Resolution ____________
Page 2
35
36
WHEREAS, a public meeting on the proposed Law was held on June 30, 2016 in accordance
with the Legislative Procedures Act.
37
38
NOW THEREFORE BE IT RESOLVED, that the Mortgage and Foreclosure law is hereby
adopted and repeals section 67.14 of the Real Property law entitled Real Estate Financing; and
39
40
41
42
NOW THEREFORE BE IT FINALLY RESOLVED, that any standard operating
procedures grandfathered in as rules under the Real Property law pursuant to the
Administrative Rulemaking law are hereby transferred to rules under this law, provided that
any provisions that conflict with this law are void.
43
Page 73 of 376
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54115-0365
Oneida-nsn.gov
Statement of Effect
Resolution: Mortgage and Foreclosure Law
Summary
This resolution adopts a new Mortgage and Foreclosure law.
summarized as follows:
The amendments can be
The law contains the minimum framework for the Nation’s mortgage programs and
foreclosure process.
The Comprehensive Housing Division and the Land Commission have joint delegated
rulemaking authority under this law to develop rules that may contain more detailed
requirements [see 612.3-1(r)].
At least one Tribal member must be included on a mortgage application [see 612.4-2(b)].
There is nothing in the law that prevents non-tribal member spouses from remaining in
the mortgaged property in the event of death or divorce of the Tribal member [see 612.45].
Mortgagors in default have an opportunity to enter into an agreement to cure default prior
to foreclosure at the discretion of the Comprehensive Housing Division [see 612.6-1].
Once a judgment to foreclose has been issued by the Judiciary, the mortgagor will receive
an order to vacate [see 612.7-5].
The mortgagor has a 6 month redemption period if the home was occupied prior to the
judgment to foreclose, or 5 weeks if the home was abandoned prior to the judgment to
foreclose. The mortgagor may redeem the mortgage by paying the full amount of the
mortgage and any related fees. If this occurs, the Judiciary will vacate the order to
foreclose [see 612.7-4].
The Nation cannot resell the foreclosed property until after the redemption period has
lapsed and all appeals have been exhausted [see 612.7-6].
The hearing body authority regarding foreclosure judgments has transferred from the
Land Commission to the Judiciary [see 612.8-2].
Submitted by Krystal L. John, Staff Attorney
Analysis from Legislative Reference Office
This Resolution adopts the Mortgage and Foreclosure which includes the provisions summarized
above.
This law conflicts with several provisions of the Real Property Law.
The Real Property Law, in section 67.14-2, provides that the Division of Land Management shall
provide loan programs for (a) financing the purchase or down payment of existing home and
lands; (b) construction of new homes; (c) repair and improvement to existing homes; (d)
refinancing existing mortgages; (e) purchasing or refinancing mobile homes; (f) consolidation of
Page 1 of 2
Page 74 of 376
loans; and (g) real estate tax arrearages. Under section 612.4-1 of this law, the specific reference
to mobile homes is removed as they fall within the general confines of “homes” and the
programs for the consolidation of loans and real estate tax arrearages are removed.
The Real Property Law, in section 67.14-3 requires that applicants are 21 years of age or older
and the Mortgage and Foreclosure reduces the minimum age requirement to 18 years of age.
The provisions of the Real Property law, in section 67.14-4, require that applicants for any loan
name 3 Tribal members to inherit the interest in real property. In addition, it provides that if
there is a non-Tribal member spouse and the Tribal member spouse dies, that the non-Tribal
member may continue with the mortgage, provided that they are required to name 3 Tribal
members to inherit the real property interest, with such designations expiring upon satisfaction of
the mortgage. The Real Property Law includes provisions regarding divorce in the case of a
non-Tribal member spouse. Finally, the Real Property Law also requires all non-Tribal members
named on a mortgage to sign an affidavit acknowledging the additional conditions that require
mortgaged interests be tied to Tribal member beneficiaries.
The Mortgage and Foreclosure takes out the requirement to name the Tribal member
beneficiaries, does not provide the specific actions that may be taken upon a divorce involving a
non-Tribal member spouse and does not require a separate affidavit. In section 612.4-5(a), the
Mortgage and Foreclosure law states that the death of a non-Tribal member spouse does not
affect the mortgage and that any default may subject the mortgagor to the regular foreclosure
proceeding contained in this law. In section 612.4-5(b), the Mortgage and Foreclosure law
provides that in the event of divorce, the mortgagor may request a refinancing in accordance with
the refinancing rules. The law was developed to change the terms found in the Real Property law
related to the death of a Tribal member spouse because it is the land interest that is required to
remain with a Tribal member, which is addressed through the residential lease. The revision
regarding divorce was incorporated because divorce proceedings govern the property
disbursement. This law leaves any refinancing options, including for divorce, to the rules.
The Real Property Law’s foreclosure process requires that if the Division of Land Management
recommends a foreclosure following a minimum of three months of default, it shall submit the
recommendation to the Land Commission and that the Land Commission would serve as the
hearing body for the foreclosure. The Mortgage and Foreclosure law allows a foreclosure to be
initiated after 2 consecutive notices of default. This maintains the same requirement as the
Division of Land Management’s Due Process standard operating procedure requiring an initial
notice and a second and final notice. However, this law removes the Land Commission from the
foreclosure process and names the Oneida Judiciary as the hearing body for all foreclosures.
In order to reconcile the conflicts between this law and the Real Property Law, the adopting
resolution repeals section 67.14 of the Real Property Law entitled Real Estate Financing.
Conclusion
Provided that the adopting resolution repeals section 67.14 of the Real Property Law, adoption of
this Resolution would not conflict with the Nation’s laws.
Page 2 of 2
Page 75 of 376
MEMORANDUM
To:
Larry Barton, Chief Financial Officer
Ralinda R. Ninham-Lamberies, Assistant Chief Financial Officer
From:
Rae M. Skenandore
Date:
July 26, 2016
Re:
Financial Impact of the Mortgage & Foreclosure Law
I.
Background
This is a new Law on Mortgage and Foreclosure that was requested by the Oneida Land
Commission. The following summary was provided by the Legislative Reference Office.
The law contains the minimum framework for the Nation’s mortgage programs and
foreclosure process.
The Division of Land Management and the Land Commission have joint delegated
rulemaking authority under this law to develop rules that may contain more detailed
requirements.
At least one Tribal member must be included on a mortgage application.
There is nothing in the Law that prevents non-tribal member spouses from remaining in the
mortgaged property in the event of death or divorce of the Tribal member.
Mortgagors in default have an opportunity to enter into an agreement to cure default prior to
foreclosure at the discretion of the Division of Land Management.
Once a judgment to foreclose has been issued by the Judiciary, the mortgagor will receive an
order to vacate.
The Mortgagor has a 6 month redemption period if the home was occupied prior to the
judgment to foreclose, or 5 weeks if the home was abandoned prior to the judgment to
foreclose. The Mortgagor may redeem the mortgage by paying the full amount of the
mortgage and any related fees. If this occurs, the Judiciary will vacate the order to foreclose.
The Nation cannot resell the foreclosed property until after the redemption period has lapsed
1
Page 76 of 376
and all appeals have been exhausted.
II.
The hearing body authority regarding foreclosure judgments has transferred from the Land
Commission to the Judiciary.
Executive Summary of Findings
A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year financial
effects associated with legislation and includes startup costs, personnel, office,
documentation costs, as well as an estimate of the amount of time necessary for an agency to
comply with the law after implementation.
Currently, the eligibility and requirements for a mortgage and the due process on a default
and foreclosure exist within internal Standard Operating Procedures (SOP’s) and the
mortgage contract itself. The Land Commissioners act as the original Hearing Body and
three Commissioners are required to hold a hearing. The stipend paid for the hearing is
$150.00 per commissioner. In Fiscal Year 2014-2015 only one foreclosure hearing was held
for a cost of approximately $450.00
Developing the Law and the Administrative Rules gives the membership and the Judiciary a
clear set of standards and requirements for participation in the mortgage programs and the
required foreclosure process in the event of a default. If it is determined that initiating a
foreclosure is in the best interest of the Nation, the Division of Land Management (DOLM)
will seek a judgement from the Oneida Judiciary. Any savings from transferring the hearing
body authority from the Oneida Land Commission to the Judiciary would be negligible due
to their existing operating expenses.
According to DOLM and the Oneida Judiciary, there will be no additional startup, personnel,
office, or documentation costs associated with implementing the Law.
With the Rulemaking Authority jointly delegated to the Division of Land Management and
the Land Commission, a minimum of 60-90 days would be required to approve the
Administrative Rules for this Law.
III.
Financial Impact
No fiscal impact.
IV.
Recommendation
The Finance Department does not make a recommendation in regards to course of action in
this matter. Rather, it is the purpose of this report to disclose potential financial impact of an
action, so that General Tribal Council has full information with which to render a decision.
2
Page 77 of 376
1
Draft # 1
2016 08 03
2
3
4
Mortgage and Foreclosure
5
Analysis by the Legislative Reference Office
Mortgage and Foreclosure (law)
Drafter
Analyst
David P. Jordan
Krystal L. John
Maureen Perkins
Land Commission
Requester &
This is a new law that will explain the process used by the Nation to deal with
Reason for
mortgages and foreclosures. This law is being developed at the Land Commission’s
Request
request to transfer the commission’s hearing responsibilities to the Judiciary.
Set the standards and requirements for participation in the Nation’s mortgage
Purpose
programs and to prescribe the foreclosure process required to be used in the event of
a default of a mortgage.
Land Commission, Oneida Judiciary, Comprehensive Housing Division, Oneida Police
Authorized/
Department, Oneida Nation Register of Deeds, Oneida Land Title and Trust
Affected Entities Department, Oneida Accounting Department, and Oneida Nation members who wish
to participate in mortgage programs offered by the Nation and their spouses
Related
Judiciary law, Rules of Civil Procedure, Rules of Appellate Procedure, Leasing Law,
Legislation
Administrative Rulemaking, Real Property Law
Enforcement & Decisions of the Comprehensive Housing Division regarding the issuance of
Due Process
mortgages are final. Foreclosures can be appealed to the Judiciary.
A public meeting was held on June 30, 2016. The LOC has reviewed the public
Public Meeting
comments received during the public comment period; and any changes made based
Status
on the public comments received have been incorporated into this draft.
Title
Sponsor
1
1
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
1
2
Overview
This is a new law that details the current process used by the Nation to offer mortgage
programs to the Nation’s membership and to foreclose on a property purchased through the
Nation’s mortgage programs. The law contains the minimum framework and requirements
related to the mortgage programs and the required foreclosure process for all mortgages issued
by the Nation. The Comprehensive Housing Division and the Land Commission have been
delegated rulemaking authority under this law to develop rules according to the Administrative
Rulemaking law which may contain more detailed requirements for each of the various types of
mortgages offered by the Nation.
At least one Tribal member must be on the application to qualify for a mortgage issued by
the Nation. If married, both spouses must apply for the mortgage jointly. Once a mortgage is
issued, if the Tribal member dies, the non-tribal member can remain in the mortgage and the
regular default process is applied in the case of a default of a non-tribal member mortgage. In
the case of divorce, the ownership of the house will be determined through the divorce
proceedings; this law does not prevent non-tribal spouses from remaining in the house absent the
Tribal member.
The mortgage default process is detailed within the law. Default notices are mailed to
mortgagors for each 30 calendar days of default. The Comprehensive Housing Division, at their
Page 1 of3
Page 78 of 376
Draft # 1
2016 08 03
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
discretion, may enter into an agreement to cure default for mortgagors who demonstrate the
ability to pay the defaulted amount within one year. Once two notices of default have been
issued, the Comprehensive Housing Division will determine, based on a standard operating
procedure, if it is in the best interest of the Nation to pursue a foreclosure. The minimum
foreclosure process is detailed and includes the Judiciary as the decision making authority to
issue a judgment of foreclosure, rather than the Land Commission under the current process.
Once the Comprehensive Housing Division decides to pursue a foreclosure, a summons and
complaint is filed with the Judiciary and must include a demand judgment for any deficiency that
remains due to the Nation. If the parties come to an agreement to cure default or the mortgagor
satisfies the mortgage prior to a judgment to foreclose is issued by the Judiciary, the Judiciary
will dismiss the foreclosure.
When a judgment of foreclosure is issued by the Judiciary, a notice to vacate is issued to the
mortgagor. This is contrary to state law which allows mortgagors in foreclosure to remain in the
premises until the redemption period expires and the premises is sold. However, the practice as
detailed in the law is in the best interest of the Nation because it allows the Nation to secure and
refurbish the premises during the redemption period so that it is ready for the next buyer and
prevent any waste of the property. Additionally, when a judgment of foreclosure is issued, it
means that the mortgagor is already in default and will most likely not make the mortgage
payments during the redemption period. The mortgagor has a redemption period of six months if
they had occupied the premises upon foreclosure, or 5 weeks if they had abandoned the
premises, to pay the full amount of the mortgage and any related costs. If this occurs, the
Judiciary will vacate the order to foreclose. The Nation cannot resell the premises until the
redemption period has expired. Appeals of a judgment of foreclosure may be filed with the
Judiciary.
The law contains the minimum framework for the Nation’s mortgage programs and
foreclosure process.
The Comprehensive Housing Division and the Land Commission have joint delegated
rulemaking authority under this law to develop rules that may contain more detailed
requirements [see 612.3-1(r)].
At least one Tribal member must be included on a mortgage application [see 612.4-2(b)].
There is nothing in the law that prevents non-tribal member spouses from remaining in
the mortgaged property in the event of death or divorce of the Tribal member [see 612.45].
Mortgagors in default have an opportunity to enter into an agreement to cure default prior
to foreclosure at the discretion of the Comprehensive Housing Division [see 612.6-1].
Once a judgment to foreclose has been issued by the Judiciary, the mortgagor will receive
an order to vacate [see 612.7-5].
The mortgagor has a 6 month redemption period if the home was occupied prior to the
judgment to foreclose, or 5 weeks if the home was abandoned prior to the judgment to
foreclose. The mortgagor may redeem the mortgage by paying the full amount of the
mortgage and any related fees. If this occurs, the Judiciary will vacate the order to
foreclose [see 612.7-4].
The Nation cannot resell the foreclosed property until after the redemption period has
lapsed and all appeals have been exhausted [see 612.7-6].
The hearing body authority regarding foreclosure judgments has transferred from the
Page 2 of3
Page 79 of 376
Draft # 1
2016 08 03
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
Land Commission to the Judiciary [see 612.8-2].
Other
Please refer to the fiscal impact statement for any financial impacts.
Considerations
The decision to issue an agreement to cure default is at the discretion of the
Comprehensive Housing Division. The LOC may consider requiring the Comprehensive
Housing Division to create an SOP or a rule detailing the requirements mortgagors must
meet to qualify for an agreement to cure a defaulted mortgage.
This law, the Real Property Law amendments and the Leasing Law are all interrelated. The Real Property Law currently in effect contains provisions relating to
mortgages and foreclosure that conflict with this law [see 67.14 of current Real Property
Law]. However, this Mortgage and Foreclosure law will govern upon adoption. The
current proposed amendments to the Real Property Law pull the detail related to
mortgages and foreclosures out of the Real Property Law and reference this Mortgage
and Foreclosure law instead.
This law references the Comprehensive Housing Division (CHD). The CHD is
scheduled for implementation October 1, 2016. The BC resolution adopting this law will
include a provision detailing that each department or division within the CHD (Oneida
Housing Authority, Division of Land Management and Elderly Services) will be required
to create rules delegated under this law until the CHD is implemented.
Page 3 of3
Page 80 of 376
2016 08 10
Draft 04
Title 6. Property and Land – Chapter 612
MORTGAGE and FORECLOSURE
Tsi> Thotin&hsote> laotilihw@=ke
that of their houses – their issues
612.1.
612.2.
612.3.
612.4.
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
612.5.
612.6.
612.7.
612.8.
Purpose and Policy.
Adoption, Amendment, Repeal.
Definitions.
Mortgage Programs.
Default.
Agreement to Cure Default.
Foreclosure.
Appeal Rights.
_____________________________________________________________________________________
612.1.
Purpose and Policy.
612.1-1. Purpose. It is the purpose of this law to set the standards and requirements for
participation in the mortgage programs and to prescribe the foreclosure process required to be
used in the event of a default of a mortgage.
612.1-2. Policy. It is the policy of this law to administer mortgage programs aimed at
maintaining and improving the standard of living for Tribal members, while protecting the
Nation’s assets and expanding the Tribal land base.
612.2.
Adoption, Amendment, Repeal.
612.2-1. This law is adopted by the Oneida Business Committee by Resolution
______________.
612.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to
the procedures set out in the Legislative Procedures Act.
612.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are
considered to have legal force without the invalid portions.
612.2-4. In the event of a conflict between a provision of this law and a provision of another
law, the provisions of this law shall control.
612.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
612.3.
Definitions.
612.3-1. This section shall govern the definitions of words and phrases used within this law.
All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Abandoned” means the relinquishment of possession or control of a mortgaged
premises whether or not the mortgagor or the mortgagor’s assigns have relinquished
equity and title to the mortgaged interest.
(b) “Agreement to Cure Default” means a signed contract between a customer of a
mortgage program and the Comprehensive Housing Division on behalf of the Nation
whereby the parties agree upon a temporary payment schedule to allow the mortgagor to
cure a default.
(c) “Appraisal” means the valuation of real property by the estimate of an authorized
person.
(d) “Business Day” means Monday through Friday from 8:00 a.m. - 4:30 p.m., excluding
holidays recognized by the Nation.
64-1
Page 81 of 376
2016 08 10
Draft 04
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
(e) “Comprehensive Housing Division” means the entity responsible for housing matters
specifically related to mortgages and foreclosures as defined by Oneida Business
Committee Resolution.1
(f) “Default” means a failure to comply with the payment terms of a mortgage.
(g) “Foreclosure” means a legal proceeding initiated by the Nation to terminate a
mortgagor’s interest in real property, by taking possession of the real property as a partial
or complete satisfaction of a default.
(h) “Home Inspection” means an examination of a property’s condition.
(i) “Judiciary” means the judicial system established by General Tribal Council
resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of
the Nation.
(j) “Mortgage” means a lien, held by the Nation, on a real property interest that is given
as security for the payment of a debt and/or the performance of a duty, including the
refinancing of an original conveyance, that will become void upon the payment and/or
performance according to the stipulated terms.
(k) “Mortgagor” means the borrower in a mortgage.
(l) “Nation” means the Oneida Nation.
(m) “Notice of Default” means a formal and dated notice of default.
(n) “Personal Property” means any property that does not fit the definition of real
property and is generally movable.
(o) “Real Property” means land and anything growing on, attached to, or erected on the
land, excluding anything that may be severed without injury to the land.
(p) “Redemption Period” means the timeframe during which a defaulting mortgagor may
recover a mortgaged interest that is the subject of a judgment of foreclosure by paying the
outstanding debt owed.
(q) “Refinance” means an exchange of an old debt for a new debt, as by renegotiating a
different interest rate, term of the debt, or by repaying the existing loan with money
acquired from a new loan.
(r)“Reservation” means all the property within the exterior boundaries of the reservation
of the Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any
lands added thereto pursuant to federal law.
(s) “Rule” means a set of requirements, including citation fees and penalty schedules,
jointly enacted by the Land Commission and the Comprehensive Housing Division in
accordance with the Administrative Rulemaking law based on authority delegated in this
law in order to implement, interpret and/or enforce this law.
(t) “Title” means legal evidence of a person’s ownership rights in real property.
(u) “Title Report” means the written analysis of the status of title to real property,
including a property description, names of titleholders and how the title is held, tax rate,
encumbrances and any real property taxes due.
1
See BC Resolution __-__-16_ providing that for purposes of this law, the Comprehensive Housing Division means
the Division of Land Management.
64-2
Page 82 of 376
2016 08 10
Draft 04
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
(v) “Tribal Land” means any land held in fee or trust status by the Nation within the
reservation.
(w) “Tribal Member” means an enrolled member of the Nation.
612.4.
Mortgage Programs.
612.4-1. Available Mortgage Purposes. Consistent with available funds, the Comprehensive
Housing Division shall provide mortgage programs for the following purposes and shall establish
rules naming said programs and providing the specific requirements for each program:
(a) Financing the purchase or down payment of existing homes and lands;
(b) Construction of new homes;
(c) Repairs and improvements to existing homes;
(d) Refinancing existing mortgages.
612.4-2. Mortgage Eligibility Requirements. In order to be eligible for a mortgage, applicants
shall meet the following conditions:
(a) Be at least eighteen (18) years of age at the time of the application;
(b) Be a Tribal member(s);
(1) If the application is for joint applicants, at least one (1) applicant shall be a
Tribal member.
(2) For married joint applicants, both spouses shall be named applicants on the
application and joint mortgagors.
(c) Not have a discharged bankruptcy within two (2) years from the date of the
application;
(d) Not be involved in a bankruptcy proceeding that has not yet been discharged at the
time of the application; and
(e) Not have had a mortgage foreclosed upon within the seven (7) years from the date of
the application.
612.4-3. Mortgage Selection. The Land Commission and the Comprehensive Housing Division
shall jointly develop rules governing the selection of applicants for the issuance of a mortgage.
At a minimum, the Land Commission and the Comprehensive Housing Division shall ensure that
the mortgage selection rules require that the mortgagor:
(a) Have an acceptable credit rating as defined in the rules;
(b) Have an acceptable debt to income ratio as defined in the rules;
(c) Have all delinquent debts owed to the Nation paid in full prior to signing the
mortgage document;
(d) Have no more than the allowable amount of accumulated judgments, collections
and/or profit and loss write-offs based on the rules, and, if any debts are being paid
through a debt collector, the monthly payment must be listed as a monthly debt on the
application;
(1) In the rules, the Land Commission and the Comprehensive Housing Division
shall provide the allowable timeframe, in relation to the date of selection, for
applicants to bring any judgments, collections and/or profit and loss write-offs
within the allowable amount.
(2) Applicants failing to bring said debts within the allowable amount based on
the timeframe provided become ineligible for the mortgage.
612.4-4. Mortgage Requirements. The Land Commission and the Comprehensive Housing
Division shall jointly develop rules governing the requirements of mortgages entered into by the
64-3
Page 83 of 376
2016 08 10
Draft 04
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
Comprehensive Housing Division.
At a minimum, the Land Commission and the
Comprehensive Housing Division shall ensure that the mortgage requirement rules:
(a) Require the mortgage document to identify the source of the ownership interest in the
real property as attributable either to a deed or a residential lease entered into pursuant to
the Leasing law;
(b) Require the real property that is the subject of the mortgage be insured under a
homeowner’s insurance policy paid for by the mortgagor and include enforcement
provisions in the event of noncompliance herewith;
(c) Require that the mortgage be the first or second secured interest on the real property;
(d) Require proof of clear title, as defined by the rules, prior to entering into a mortgage;
(e) Establish which administrative fees, if any, that may be assessed in the mortgage;
(f) Require that the mortgage be for real property located within the reservation;
(g) Require the mortgage include interest at a rate provided in the rules.
612.4-5. Non-Tribal Member Spouses. The following applies when one of the mortgagors is a
non-Tribal member:
(a) Death of the Tribal Member Spouse. So long as the mortgage is not defaulted upon,
the death of the Tribal member spouse does not affect a mortgage. If the non-Tribal
member spouse defaults on the mortgage, the mortgage is subject to the regular
foreclosure proceedings as outlined in this law.
(b) Refinancing due to Death or Divorce. In the event that a mortgagor seeks refinancing
due to the death or divorce of a spouse, the mortgagor shall comply with the refinancing
rules established pursuant to Section 612.4-1(d).
612.5.
Default.
612.5-1. Notice of Default. The mortgage officer shall send a notice of default to mortgagors
by first class mail for each month for which the mortgagor defaults on the subject mortgage,
provided that the mortgage officer shall send the notices of default a minimum of thirty (30)
calendar days apart and ensure that the notice contains the following information:
(a) The notice number;
(b) The dates of the default;
(c) The amount of the default;
(d) The requirement to cure the default, including important dates affecting the
mortgagor’s rights;
(e) The mortgagor’s available options to cure a default; and
(f) The actions that may be taken by the Nation if the default is not timely cured.
612.6.
Agreement to Cure Default.
612.6-1. Entering into an Agreement to Cure Default. The Comprehensive Housing Division
may, in its full discretion, work with mortgagors able to pay a mortgage default over time to
enter into an agreement to cure default over a reasonable time not to exceed one (1) year.
(a) A mortgagor may enter into one (1) agreement to cure default per twelve (12) month
period. A mortgagor may request more than one (1) agreement to cure the default in a
twelve (12) month period if the mortgagor is able to demonstrate the additional
agreement is necessary due to extenuating circumstances faced by the mortgagor,
provided that, the director of the Comprehensive Housing Division shall approve any
such agreements before said agreement may become effective.
64-4
Page 84 of 376
2016 08 10
Draft 04
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
(b) The Comprehensive Housing Division may not permit mortgagors to increase payroll
deduction payments to cure a default without first entering into an agreement to cure
default.
(c) In the event a mortgagor violates the terms of an agreement to cure default, the
Comprehensive Housing Division shall enforce the remedies afforded the Nation in the
agreement to cure default and may not amend the terms of an unsatisfied agreement to
cure default without the approval of the director of the Comprehensive Housing Division.
612.6-2. Elements of an Agreement to Cure Default. All agreements to cure default entered
into by the Comprehensive Housing Division are required to contain the following elements:
(a) The effective date of the agreement;
(b) The parties to the agreement;
(c) The amount of payments under the mortgage and any agreements to cure default
previously entered into;
(d) A statement that the mortgage and, if applicable, any previous agreement to cure
default are in default;
(e) The amount of the increased payments under the agreement;
(f) The terms of the agreement, including the remedies available to the Nation in the
event that the mortgagor violates the terms of the agreement; and
(g) Notice that a failure to follow the terms of the agreement may result in the immediate
filing of a foreclosure.
612.7.
Foreclosure.
612.7-1. Decision to Foreclose. Any mortgage that is in default for two (2) consecutive months
may be subject to foreclosure, provided that the Nation has complied with the notice of default
requirement in section 612.5-1.
(a) After the two (2) notices of default have been sent, the Comprehensive Housing
Division shall determine whether initiating foreclosure proceedings would be in the best
interest of the Nation, provided that the Comprehensive Housing Division shall abide by
the foreclosure determination standard operating procedure approved by both the director
of the Comprehensive Housing Division and the Land Commission.
(1) Should the Comprehensive Housing Division determine that initiating a
foreclosure is in the best interest of the Nation, the Comprehensive Housing
Division shall submit a complaint to the Judiciary in compliance with the Nation’s
laws and the Judiciary’s requirements. The complaint may not be submitted until
after thirty (30) calendar days from the date of the second notice of default.
(2) The Comprehensive Housing Division shall include in all complaints a
demand judgment for any deficiency that may remain due to the Nation after the
Nation’s reclamation of title against every party who is personally liable for the
debt secured by the mortgage that is the subject of the foreclosure.
612.7-2. Mortgage Satisfaction or Agreement to Cure Default Prior to Judgment of
Foreclosure. If the mortgagor satisfies the mortgage that is the subject of a foreclosure
complaint or the parties reach an agreement to cure default prior to the Judiciary’s entering of a
judgment of foreclosure, the Judiciary shall dismiss the foreclosure complaint.
(a) Mortgage Satisfaction. A mortgagor named in a foreclosure complaint may satisfy
the subject mortgage at any time prior to the Judiciary’s entering of a judgment of
foreclosure. Under such circumstances, the mortgagor shall submit to the Judiciary proof
64-5
Page 85 of 376
2016 08 10
Draft 04
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
of payment in full of the mortgage principal, any interest owed and any court costs
incurred by the Nation. Upon receipt of verified proof of satisfaction, the Judiciary shall
dismiss the foreclosure complaint based on satisfaction of the mortgage.
(b) Agreement to Cure Default. Should the Nation and the mortgagor reach an agreement
to cure default in accordance with section 612.6 after foreclosure proceedings have been
initiated, which may include provisions requiring the mortgagor to reimburse the Nation
for any court costs incurred, the mortgagor shall submit to the Judiciary a copy of the
executed agreement to cure default. Upon receipt of an executed agreement to cure
default, the Judiciary shall dismiss the foreclosure complaint without prejudice based on
the agreement to cure default.
612.7-3. Judgment of Foreclosure. If the Judiciary finds in favor of the Nation, it shall issue a
judgment of foreclosure. At a minimum, the Judiciary shall include the following in each
judgment of foreclosure:
(a) A description of the mortgaged premises;
(b) The amount of the mortgage debt due;
(c) The mortgagor’s redemption period;
(d) An order to vacate the mortgaged premises within thirty (30) calendar days of the
judgment;
(e) An order transferring title of the mortgaged premises to the Nation as partial or full
payment of the amount of mortgage debt then due;
(f) So long as the Nation’s complaint reserves the right to demand a judgment of
deficiency for costs that may remain due after the transfer of title to the Nation pursuant
to foreclosure, an order recognizing the Nation’s reserved right, which may include sums
advanced by the Nation for insurance, necessary repairs, inspection costs, appraisal fees
and other costs; and
(g) An order that within seven (7) months of receipt of a judgment of foreclosure, the
Nation submit either a motion demanding a judgment of deficiency or a motion to
enforce the judgment of foreclosure, each of which are required to include a final
accounting and a confirmation of appraisal.
612.7-4. Redemption Period. The Judiciary shall afford all mortgagors subject to a judgment of
foreclosure a redemption period. To redeem a real property interest, the mortgagor shall pay the
full amount of the mortgage debt due and any costs incurred by the Nation for insurance,
necessary repairs, inspection costs, appraisal fees and other costs.
(a) Occupied Premises. The required redemption period for occupied premises is six (6)
months. Absent an affirmative finding of abandonment, the Judiciary shall presume that
premises are occupied premises.
(b) Abandoned Premises. The required redemption period for abandoned premises is, at
a minimum, five (5) weeks. A redemption period based on abandoned premises requires
an affirmative finding of abandonment by the Judiciary based on evidence submitted by
the Comprehensive Housing Division on behalf of the Nation.
(1) In determining whether the mortgaged premises have been abandoned, the
Judiciary shall consider the totality of the circumstances, including the following:
(A) Boarded, closed or damaged windows or doors to the premises;
(B) Missing, unhinged or continuously unlocked doors to the premises;
(C) Terminated utility accounts for the premises;
(D) Accumulation of trash or debris on the premises;
64-6
Page 86 of 376
2016 08 10
Draft 04
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
(E) At least two (2) reports to law enforcement officials of trespassing,
vandalism, or other illegal acts being committed on the premises when the
mortgagor is not present; and
(F) Conditions that make the premises unsafe or unsanitary or that make
the premises in imminent danger of becoming unsafe or unsanitary.
(2) The Comprehensive Housing Division may include testimony from a
representative of the city, town, village or county where the mortgaged premises
is located as part of its evidence of abandonment.
(c) Redeemed Premises. Should the mortgagor successfully redeem the mortgaged
interest that is the subject of a judgment of foreclosure, the Nation shall issue the
mortgagor a certificate of redemption. Upon receipt of a certificate of redemption, the
mortgagor shall file a motion to vacate the judgment of foreclosure with the Judiciary.
Upon receipt from the Judiciary, the mortgagor shall duly record the order to vacate the
judgment of foreclosure with the Oneida Nation Register of Deeds.
612.7-5. Mortgage Holder’s Responsibilities upon Receipt of a Judgment of Foreclosure.
Upon receipt of a judgment of foreclosure, the Comprehensive Housing Division, on behalf of
the Nation as the mortgage holder, shall:
(a) Secure and take possession of the real property once the timeframe in the order to
vacate has expired.
(1) The Comprehensive Housing Division shall provide the mortgagor notice of
when the property’s locks are scheduled to be changed, which, at a minimum,
includes the following:
(A) The property address;
(B) The date and time the locks are scheduled to be changed;
(C) Notice to mortgagor that an Oneida Police Officer will be present
while the locks are being changed;
(D) Information on how the disposition of personal property will be
managed based on section 612.7-5(a)(3);
(E) The contact information for Comprehensive Housing Division staff
whom the mortgagor may contact in regards to the property; and
(F) A copy of the judgment of foreclosure.
(2) The Comprehensive Housing Division shall contact the Oneida Police
Department to request that an Oneida police officer be on the scene while the
locks are being changed.
(3) In the event the mortgagor has left personal property in the home, he or she
may retrieve said personal property by contacting the Comprehensive Housing
Division staff listed on the work order. The Comprehensive Housing Division
shall hold personal property for a minimum of five (5) business days.
(A) The Comprehensive Housing Division shall keep a written log of the
date and the work time the Nation’s staff expends storing and/or removing
personal property and/or removing/disposing of debris left at the property
after the expiration of the timeframe provided in the order to vacate.
(B) The Comprehensive Housing Division and the Land Commission shall
jointly create rules further governing the disposition of personal property.
64-7
Page 87 of 376
2016 08 10
Draft 04
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
(b) Order a title report from the Land Title and Trust Department with specific
instructions to contact the Accounting Department to verify whether the mortgagor owes
any outstanding debts to the Nation and based on the title report shall:
(1) Seek payment of outstanding water bills and/or other liens or charges
appearing on the tax rolls from the mortgagor. In the event of a failure to pay, the
Nation shall make payment and include such costs in the Nation’s final
accounting required by the judgment of foreclosure and as explained in section
612.7-5(e);
(2) Request proof of payment of any judgments noted on the title report which
can be attached to the real property;
(3) Request proof of satisfaction of any mortgage liens issued by an outside
financial institution other than the Nation, provided that, said mortgage liens may
not be satisfied by the Nation until the redemption period has either expired or
been terminated by the Judiciary.
(c) Order an appraisal of the real property to be completed;
(d) Order a home inspection, including a well and septic inspection, of the real property
to be completed and based on the findings of the home inspection shall coordinate which
repairs will be completed.
(1) In order for repair costs to be included in a judgment of deficiency 612.7-3(f),
the Nation shall include the following in its demand for the said judgment:
(A) A record of all receipts for materials and invoices for services related
to the said repairs;
(B) A record of all hours expended by the Nation’s staff related to the said
repairs; and
(C) Photographic evidence demonstrating the condition of the real
property both before and after the repairs were made.
(2) If, based on the home inspection, the Comprehensive Housing Division
determines it to be in the best interest of the Nation to raze a foreclosed upon
property, it may do so in accordance with the rules which the Comprehensive
Housing Division and the Land Commission shall jointly develop. Any costs
related to the razing of a property may be included in the Nation’s demand for a
judgment of deficiency.
(e) Wrap up the foreclosure by filing with the Judiciary either a motion demanding a
judgment of deficiency or a motion for enforcement of the judgment of foreclosure.
(1) Demand for a Judgment of Deficiency. The Nation shall file a demand for a
judgment of deficiency if the total of the amount of the mortgage debt due in the
judgment of foreclosure and the sums advanced by the Nation for insurance,
necessary repairs, inspection costs, appraisal fees and other costs exceeds the
value of the real property based on the appraisal. A demand for a judgment of
deficiency is required to include a confirmation of appraisal and an accounting of
all sums advanced by the Nation.
(2) Motion for Enforcement of the Judgment of Foreclosure. The Nation shall file
a motion for enforcement of the judgment of foreclosure if the total of the amount
of the mortgage debt due in the judgment of foreclosure and the sums advanced
by the Nation for insurance, necessary repairs, inspection costs, appraisal fees and
other costs are less than or equal to the value of the real property based on the
64-8
Page 88 of 376
2016 08 10
Draft 04
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
appraisal. If the total of the amount of the mortgage debt due in the judgment of
foreclosure and the sums advanced by the Nation for insurance, necessary repairs,
inspection costs, appraisal fees and other costs are less than the value of the real
property based on the appraisal, the Comprehensive Housing Division shall
include in the motion to enforce a copy of the signed apron issued to the
mortgagor providing the refunded amount.
612.7-6. Resale Following Foreclosure. The Comprehensive Housing Division may begin
advertising a foreclosed upon property for re-sale immediately following its receipt of an order to
enforce the judgment of foreclosure, provided that it may not complete a sale of said property
until the mortgagor’s appeal rights have expired.
612.8.
Appeal Rights.
612.8-1. Decisions of the Comprehensive Housing Division are Final. All decisions made by
the Comprehensive Housing Division in regards to the mortgage programs provided under this
law are final decisions and are not subject to appeal.
612.8-2. Appeal of a Foreclosure. A mortgagor whose real property has been foreclosed upon
may appeal a determination made by the Judiciary in accordance with the Judiciary law and the
Rules of Appellate Procedure.
_____________________________________________________________________________
Adopted BC-
64-9
Page 89 of 376
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
8
/ 10 / 16
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:
Consider the adoption of resolution titled Defining Comprehensive Housing Division in the Mortgage and
Foreclosure Law
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Resolution
3.
2. Statement of Effect
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, Councilman
Primary Requestor/Submitter:
Jennifer Falck, Director/Legislative Reference Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Page 90 of 376
1
2
3
4
5
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
6
7
WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;
and
8
9
10
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
11
12
WHEREAS, the Oneida Business Committee adopted the Mortgage and Foreclosure law with
resolution BC 08-10-16__; and
13
14
WHEREAS, the Mortgage and Foreclosure law assigns responsibilities and authorities,
including rulemaking authority, to the Comprehensive Housing Division; and
15
16
17
WHEREAS, the Mortgage and Foreclosure law defines the Comprehensive Housing Division
as the entity responsible for housing matters specifically related to mortgages and
foreclosures as defined by Oneida Business Committee Resolution.; and
18
19
20
NOW THEREFORE BE IT RESOLVED, that for the purposes of the Mortgage and
Foreclosure law the Oneida Business Committee hereby defines the Comprehensive Housing
Division as the current Division of Land Management.
21
.
22
BC Resolution _____________
Defining Comprehensive Housing Division in the Mortgage and Foreclosure Law
Page 91 of 376
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54115‐0365
Oneida‐nsn.gov
Statement of Effect
Resolution: Defining Comprehensive Housing Division in the Mortgage and Foreclosure Law
Summary
This resolution defines the Comprehensive Housing Division, for the purposes of the Mortgage
and Foreclosure law, as the Division of Land Management.
Submitted by Krystal L. John, Staff Attorney
Analysis from Legislative Reference Office
The Mortgage and Foreclosure law assigns responsibilities and authorities, including rulemaking
authority, to the Comprehensive Housing Division. The Comprehensive Housing Division is
under develop as part of the Oneida Business Committee’s reorganization, however, has not yet
been formally created.
The Mortgage and Foreclosure law assigns responsibilities and authorities to the Comprehensive
Housing Division and provides that the Oneida Business Committee shall define that Division by
resolution. This allows the law to be implemented immediately and prevents the need for
amendments to the law at the time that the Comprehensive Housing Authority is formally
created. Accordingly, this resolution defines the Comprehensive Housing Division for the
purposes of the Mortgage and Foreclosure law as the Division of Land Management. When the
new Comprehensive Housing Division is created, the reference will be required to be updated by
Oneida Business Committee resolution, and will not require the law to be amended, which would
subject the revision to the Legislative Procedures Act.
Conclusion
Adoption of this Resolution would not conflict with the Nation’s laws.
Page 92 of 376
/ /
Page 93 of 376
Page 94 of 376
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54115-0365
Oneida-nsn.gov
AGENDA REQUEST FORM
1) Request Date: ___7/13/16________________________________________
2) Contact Person(s): _Brandon Stevens____________ Dept:__LRO_____________________
Phone Number:_________________________ Email: __________________________________
3) Agenda
Title:_Conflict
of
Interest
Policy
Emergency
Amendments_____
____________________________
4) Detailed description of the item and the reason/justification it is being brought before the
Committee
___ We are tasked to bring forward an emergency amendment for the Conflict of
Interest Policy in regards to the HUD Site Monitoring review finding #1. We need to
process this request and have it ready within 45 days.
List any supporting materials included and submitted with the Agenda Request Form
1) ________________________________
3) ________________________________
2) ________________________________
4) ________________________________
5) Please List any laws, ordinances or resolution that might be affected:
_______________________________________________________________________________
6) Please List all other departments or person(s) you have brought your concern to:
______________________________________________________________________________
7) Do you consider this request urgent?
Yes
No
x
If yes, please indicate why:
x
________________________________________________________________
x
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Committee
Signature of Requester:
__________________________________________________________________________
Please send this form and all supporting materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376
Page 95 of 376
Page 96 of 376
1
2
3
4
5
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
6
7
WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;
and
8
9
10
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
11
12
WHEREAS, the Oneida Business Committee adopted the Conflict of Interest Policy through
resolution BC-6-10-98-C; and
13
14
15
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) conducted an
on-site monitoring review of the Oneida Housing Authority in December 2015
and provided a monitoring report to the Tribal Chairperson on June 21, 2016; and
16
17
18
19
20
WHEREAS, HUD found that the Nation’s Conflict of Interest Policy was not in compliance
with 2 CFR Section 200.318(C)(1) in that the Policy does not include the
requirement that no employee, officer or agent may participate in the selection,
award, or administration of a contract supported by a Federal award if he or she
has a real or apparent conflict of interest; and
21
22
23
24
25
26
27
WHEREAS, to address this finding, HUD’s monitoring report required the Oneida Nation to
provide the Eastern/Woodlands Office of Native American Programs
(E/WONAP) with an updated Conflict of Interest Policy which states no
employee, officer, or agent may participate in the selection, award, or
administration of a contract supported by a Federal award if he or she has a real or
apparent conflict of interest within ninety (90) days after receipt of the Monitoring
Report; and
28
29
30
WHEREAS, the Legislative Procedures Act authorizes the Oneida Business Committee to
enact legislation on an emergency basis, to be in effect for a period of six (6)
months, renewable for an additional six (6) months; and
31
32
33
34
WHEREAS, emergency amendments to the Conflict of Interest Policy are necessary in order to
comply with HUD’s requirements in the allotted timeframe and directly affect the
preservation of the public health, safety, or general welfare of the reservation
population; and
35
36
WHEREAS, observance of the adoption requirements under the Legislative Procedures Act for
passage of laws and policies would be contrary to public interest; and
BC Resolution _____________
Conflict of Interest Policy Emergency Amendments
Page 97 of 376
Resolution ____________
Page 2
37
38
NOW THEREFORE BE IT RESOLVED, that the following amendments are hereby adopted
on an emergency basis for six (6) months, and shall take effect immediately:
39
Article III. Definitions
40
41
42
43
44
45
46
47
48
49
3-2. Conflict of interest shall mean any interest, real or apparent, whether it be
personal, financial, political, or otherwise, in which a elected official, employee,
consultant, or appointed or elected member of any board, committee or commission, or
their immediate relatives, friends or associates, or any other person with whom they have
contact, have that conflicts with any right of the Oneida Tribe to property, information, or
any other right to own and operate activities free from undisclosed competition or other
violation of such rights of the Oneida Tribe. In addition, conflict of interest also means
any financial or familial interest an elected official, employee, consultant, or appointed or
elected member of any board, committee or commission, or their immediate relatives
may have in any transaction between the Oneida Tribe and an outside party.
50
51
52
53
54
55
56
57
58
59
60
61
62
63
Article V. Penalties for Non-Disclosure of a Conflict of Interest
…
64
65
66
67
Article VI. Prohibited activities resulting from a Conflict of Interest
6-1. When a conflict of nterest
i
exists, no employee, officer or agent may participate in:
a. the selection, award, or administration of a contract supported by a Federal
award; and/or
b. any other prohibited activities identified in any other law, policy or rule of the
Oneida Nation.
6-2. In the event arrangements are made to alleviate or mitigate the conflict of interest,
it may become permissible for a party to participate under 6-1.b. at the discretion of the
division director and to the extent permitted any applicable law, policy or rule, however,
in all circumstances, such parties remain prohibited from participating under 6-1.a.
Page 98 of 376
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54115-0365
Oneida-nsn.gov
Statement of Effect
Conflict of Interest Policy Emergency Amendments
Summary
This Resolution adopts emergency amendments to the Conflict of Interest Policy (COI) to
comply with the Housing and Urban Development (HUD) finding of noncompliance.
The finding requires an update of the COI which states “no employee, officer, or agent
may participate in the selection, award or administration of a contract supported by a
Federal award if he or she has a real or apparent conflict of interest”. The update
triggered additional modifications to the COI as noted below.
Submitted by Patricia M. Stevens Garvey, Staff Attorney
Analysis from Legislative Reference Office
This Resolution adopts emergency amendments to the Conflict of Interest Policy (COI), which
was adopted through resolution BC-6-10-98-C. This Policy requires employees and officials to
disclose conflicts of interest to the Oneida Nation. HUD found the COI fails to require
employees and officials that disclose potential conflicts of interest to be excluded from decision
making capacity. In addition, HUD determined the Oneida Nation Code of Ethics includes
requirements for government officials to disqualify themselves when their action or inaction may
be reasonably questioned for reasons including personal bias and individual or family financial
interest. However, HUD found, the Code of Ethics is not sufficient to ensure compliance with
the conflict of interest requirements in the procurement regulations. Specifically, HUD
concluded, the Code of Ethics provides an exception through which the Oneida Nation may
waive and employee’s conflict of interest after disclosure, but 2 CFR Section 200.318(c) does
not recognize such an exception.
The regulation at 2 CFR Section 200.318(c)(1) requires a non-Federal entity to maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees
engaged in the selection, award and administration of contracts. The proposed emergency
amendments to this Law would specifically nullify the exception, noted in the Code of Ethics, in
contracts supported by a Federal award and cure the noncompliance finding in the HUD
Monitoring Report. The updated language in the COI states “no employee, officer, or agent may
participate in the selection, award, or administration of a contract supported by a Federal award
if he or she has a real or apparent conflict of interest.”
The “real or apparent” language was added to the definition of Conflict of Interest in section 3-2
of the COI. A new Article VI was added and titled “Prohibited activities resulting from a
Conflict of Interest.” Section 6.1.a. includes the updated language required for compliance
required by the HUD Monitoring Report.
Page 1 of 2
Page 99 of 376
Section 16.9-5 of the Legislative Procedures Act (LPA) allows the Oneida Business Committee
to take emergency action where it is “necessary for the immediate preservation of the public
health, safety or general welfare of the reservation population” and when “enactment or
amendment of legislation is required sooner than would be possible under the” LPA. Through
the Resolution, the Oneida Business Committee has issued a finding of an emergency and has
stated the necessity for approving emergency amendments to this Law in order to comply with
the timeframe that HUD has provided for correcting the COI’s noncompliance with the CFR.
Conclusion
Adoption of this Resolution would not conflict with Tribal law.
Page 100 of 376
1
Draft # 1
2016 08 03
2
3
4
Conflict of Interest Policy
Emergency Amendments
5
6
Analysis by the Legislative Reference Office
Title
Sponsor
Requester &
Reason for
Request
Purpose
Authorized/
Affected Entities
Related
Legislation
Enforcement &
Due Process
Public Meeting
Status
1
1
1
2
3
4
5
6
7
1
2
3
1
1
Conflict of Interest Policy (emergency amendments)
Analyst
Brandon Stevens Drafter
Patricia M. Garvey
Maureen Perkins
Oneida Business Committee
U.S. Housing and Urban Development (HUD) Onsite Monitoring Review dated June
12, 2016 finding #1 required change.
This Policy shall be interpreted to prevent the use of inside information by which such
use would be to the detriment of the Oneida Tribe [see 4-1].
This Policy shall apply to employees, consultants, members of boards, committees
and commissions, officers of the Oneida Tribe or any other persons with whom they
may be associated in personal, marital, business, financial or other relationships [see
4-2(a)].
Investigative Leave Policy; Personnel Policies and Procedures; Removal Law;
Comprehensive Policy Governing Boards, Committees and Commissions; Attorney
Contract Policy; Code of Ethics
Employees found to be in violation of conflicts of interest shall be suspended without
pay pending a complete investigation and terminated where evidence identifies that an
undisclosed conflict exists or existed [see 5-1]. Members of boards, committees and
commissions may be either removed pursuant to the Removal Law for elected officials
or have their appointment terminated by the Oneida Business Committee pursuant to
the law governing board, committees and commissions for appointed officials [see 52]. Entities or persons who do not disclose conflicts may be subject to termination of
their contracts [see 5-3].
A public meeting is not required for emergency legislation.
Overview
The Conflict of Interest Policy identifies the individuals covered by the policy, facilitates
disclosure of information that may help identify conflicts of interest, and specifies procedures to
be followed in managing conflicts of interest. A conflict of interest arises when employees,
consultants, appointees, officials and all others who may have access to information or materials
that are confidential, may in any way benefit from a decision he or she could make, including
indirect benefits such as to family members or businesses with which the person is closely
associated.
Amendments to this policy are required to satisfy an audit by the U.S. Department of
Housing and Urban Development dated June 12, 2016 in order to bring the Oneida Nation into
compliance with HUD requirements within 90 days.
Page 1 of2
Page 101 of 376
Draft # 1
2016 08 03
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
Proposed Emergency Amendments
Amendments to this policy are required to satisfy HUD’s required language.
The term “conflict of interest” was updated in the law to include potential or perceived
conflicts and to include financial or familial interest regarding any transaction between
the Oneida Tribe and an outside party:
o Real or apparent was added to section 3-2
o In addition, conflict of interest also means any financial or familial interest an
elected official, employee, consultant, or appointed or elected member of any
board, committee or commission, or their immediate relatives may have in any
transaction between the Oneida Tribe and an outside party [see 3-1].
The Penalties section was updated to clarify that penalties are for non-disclosure of a
conflict of interest [see Article V].
Prohibited activities resulting from a conflict of interest section was added [see Article
VI].
o Prohibits anyone with a conflict of interest from participating in the selection,
award, or administration of a contracted supported by a Federal award in all
circumstances [see 6-1(a) and 6-2].
o Prohibits anyone with a conflict of interest from participating in any other
prohibited activities identified in any other law, policy or rule of the Oneida
Nation, except where other arrangements are made and at the discretion of the
Division Director [see 6-1(b)].
Other
There is no conflict between the proposed Conflict of Interest Policy emergency
amendments and the Oneida Code of Laws.
This policy provides the basic language applicable to all other laws regarding conflict of
interest. Several other Oneida laws contain language regarding conflict of interest that
applies beyond this law; however, that language applies in those specific situations
detailed within those other laws.
o Comprehensive Policy Governing Boards, Committees and Commissions [see
Article XIII]
o Code of Ethics [see 3.3-3(a)(2) and 3.3-6 and 3.4-5(a) and 3.5-3(a)(6) and 3.53(b)(2) and 3.5-3(d)(5)(A)]
o Attorney Contract Policy [see 5-2(b) and 5-3]
Page 2 of2
Page 102 of 376
1
2
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
Conflict of Interest Policy
3
4
5
6
7
Article I. Purpose and Policy
Article II. Adoption, Amendment, Repeal
Article I. General
Article V. Penalties
Article VI. Exceptions
Article I. Purpose and Policy
1-1. The Oneida Tribe desires that all employees, consultants, appointees, officials and all others
who may have access to information or materials that are confidential or may be used by
competitors of the Oneida Tribe s enterprises or interests be subject to specific limitations to
which such information and materials may be used in order to protect the interests of the Oneida
Tribe.
1-2. The Oneida Tribe asserts its proprietary rights to client lists, trade secrets and any other
confidential data generated, developed or commissioned for the Oneida Tribe in the course of an
employee s duties and responsibilities and that all employees, and prospective employees, be
made aware of their obligation to uphold such rights.
1-3. The Oneida Tribe asserts that no persons who work for the Oneida Tribe or are responsible
for safeguarding its interests nor their relatives, associates, partners, or anyone connected with
such persons should in any way benefit against or in competition with the Oneida Tribe s
interests without full and complete prior disclosure to the Oneida Tribe.
Article II. Adoption, Amendment, Repeal
2-1. This Policy is adopted by the Oneida Business Committee by Resolution # BC-6-10-98-C.
2-2. This Policy may be amended pursuant to the procedures set out in the Oneida
Administrative Procedures Act by the Oneida Business Committee or the Oneida General Tribal
Council.
2-3. Should a provision of this Policy or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this Policy which are
considered to have legal force without the invalid portions.
2-4. All other Oneida laws, policies, regulations, rules, resolutions, motions and all other
similar actions which are inconsistent with this Policy are hereby superseded unless specifically
re-enacted after adoption of this Policy. Specifically, the following resolutions are superseded
by this Policy:
a. Resolution # BC-9-28-90-A, and
b. Resolution # BC-9-27-90-E.
Article III. Definitions
3-1. This article shall govern the definitions of words as phrases as used herein. All words not
defined herein shall be used in their ordinary and everyday sense.
3-2. Conflict of interest shall mean any interest, real or apparent, whether it be personal,
financial, political, or otherwise, in which a elected official, employee, consultant, or appointed
or elected member of any board, committee or commission, or their immediate relatives, friends
or associates, or any other person with whom they have contact, have that conflicts with any
right of the Oneida Tribe to property, information, or any other right to own and operate
activities free from undisclosed competition or other violation of such rights of the Oneida Tribe.
1
Page 103 of 376
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
In addition, conflict of interest also means any financial or familial interest an elected official,
employee, consultant, or appointed or elected member of any board, committee or commission,
or their immediate relatives may have in any transaction between the Oneida Tribe and an outside
party.
3-3. Third party agreement shall mean any agreement with the Pharmacy in which an insurance
provider agrees to reimburse the Pharmacy for drugs and supplies sold to subscribers of a valid
health plan of that insurance provider.
Article I. General.
4-1. Purpose. This Policy shall be interpreted to prevent the use of inside information by which
such use would be to the detriment of the Oneida Tribe.
4-2. Scope.
a. This Policy shall apply to employees, consultants, members of boards, committees and
commissions, officers of the Oneida Tribe or any other persons with whom they may be
associated in personal, marital, business, financial or other relationships.
b. Under the protection of this Policy are the resources of the Oneida Tribe, its
enterprises, programs, business interests, financial information, trade secrets and any
other information that could be used against the Oneida Tribe or those duly authorized to
represent its interests.
4-3. Amendment of Documents. The following documents shall be amended as required in order
to implement this Policy:
a. Personnel Policies and Procedures for employees.
1. Prospective employees will be asked whether or not they have any conflicts of
interest as defined in this Policy.
2. Current employees will be asked to disclose existing conflicts of interest, if
any.
b. Persons or entities contracting with the Oneida Tribe must include a provision reciting
the prohibition against undisclosed conflicts of interest.
c. All members of boards, committees and commissions shall be informed in writing by
the Tribal Secretary of the existence of this Policy.
4-4. Forms. Forms shall be prepared upon which disclosures of conflicts which exist may be
listed and returned to the Oneida Business Committee for action as indicated in this Policy. The
Oneida Law Office shall be responsible for creating a standard form and any specialized forms
required by this Policy.
Article V. Penalties for Non-Disclosure of a Conflict of Interest
5-1. Employees. Employees found to be in violation of conflicts of interest shall be suspended
without pay pending a complete investigation and terminated where evidence identifies that a
undisclosed conflicts exists or existed. This investigation must be concluded within seven (7)
days of the suspension, after which the terminated employee shall have the same rights of appeal
as all other employees pursuant to procedures set forth in the Personnel Policies and Procedures.
5-2. Boards, Committees and Commissions. Members of boards, committees and commissions
may be either removed pursuant to the Removal Law for elected officials or have their
appointment terminated by the Oneida Business Committee pursuant to the law governing board,
committees and commissions for appointed officials.
5-3. Contracts. Entities or persons who do not disclose conflicts may be subject to termination
2
Page 104 of 376
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
of their contracts.
Article VI. Prohibited activities resulting from a Conflict of Interest
6-1. When a conflict of interest exists, no employee, officer or agent may participate in:
a. the selection, award, or administration of a contract supported by a Federal award;
and/or
b. any other prohibited activities identified in any other law, policy or rule of the Oneida
Nation.
6-2. In the event arrangements are made to alleviate or mitigate the conflict of interest, it may
become permissible for a party to participate under 6-1.b. at the discretion of the division
director and to the extent permitted any applicable law, policy or rule, however, in all
circumstances, such parties remain prohibited from participating under 6-1.a.
Article VII. Exceptions
67-1. Exemptions to this Policy are for the purpose of excluding activities of the Oneida Tribe
for which no conflict of interest can exist. These activities generally occur when the Oneida
Tribe is acting as a provider of services for which another will be making payments or
reimbursing costs of providing the services. Exemptions must be specifically identified within
this Article.
67-2. Pharmacy. This exemption shall be designed to relieve the Pharmacy and insurance
providers from the requirements of the Conflict of Interest Policy while recognizing the unique
relationship between the Pharmacy and insurance providers in third party payment agreements
where no proprietary information of the Oneida Tribe is provided to the insurance providers, and
there is little or no opportunity for a conflict of interest between the insurance providers and the
Oneida Tribe. This exemption shall be designed to increase the attractiveness of the Pharmacy to
subscribers of multiple insurance providers. This exemption shall apply solely to insurance
providers seeking to enter into third party payment agreements with the Pharmacy.
End.
Adopted - BC-6-10-98-C
Emergency Amendment - BC-4-12-06-JJ
Amended - BC-9-27-06-E (adoption of emergency amendments)
3
Page 105 of 376
1
2
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
Conflict of Interest Policy
3
4
5
6
7
Article I. Purpose and Policy
Article II. Adoption, Amendment, Repeal
Article I. General
Article V. Penalties
Article VI. Exceptions
Article I. Purpose and Policy
1-1. The Oneida Tribe desires that all employees, consultants, appointees, officials and all others
who may have access to information or materials that are confidential or may be used by
competitors of the Oneida Tribe s enterprises or interests be subject to specific limitations to
which such information and materials may be used in order to protect the interests of the Oneida
Tribe.
1-2. The Oneida Tribe asserts its proprietary rights to client lists, trade secrets and any other
confidential data generated, developed or commissioned for the Oneida Tribe in the course of an
employee s duties and responsibilities and that all employees, and prospective employees, be
made aware of their obligation to uphold such rights.
1-3. The Oneida Tribe asserts that no persons who work for the Oneida Tribe or are responsible
for safeguarding its interests nor their relatives, associates, partners, or anyone connected with
such persons should in any way benefit against or in competition with the Oneida Tribe s
interests without full and complete prior disclosure to the Oneida Tribe.
Article II. Adoption, Amendment, Repeal
2-1. This Policy is adopted by the Oneida Business Committee by Resolution # BC-6-10-98-C.
2-2. This Policy may be amended pursuant to the procedures set out in the Oneida
Administrative Procedures Act by the Oneida Business Committee or the Oneida General Tribal
Council.
2-3. Should a provision of this Policy or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this Policy which are
considered to have legal force without the invalid portions.
2-4. All other Oneida laws, policies, regulations, rules, resolutions, motions and all other
similar actions which are inconsistent with this Policy are hereby superseded unless specifically
re-enacted after adoption of this Policy. Specifically, the following resolutions are superseded
by this Policy:
a. Resolution # BC-9-28-90-A, and
b. Resolution # BC-9-27-90-E.
Article III. Definitions
3-1. This article shall govern the definitions of words as phrases as used herein. All words not
defined herein shall be used in their ordinary and everyday sense.
3-2. Conflict of interest shall mean any interest, real or apparent, whether it be personal,
financial, political, or otherwise, in which a elected official, employee, consultant, or appointed
or elected member of any board, committee or commission, or their immediate relatives, friends
or associates, or any other person with whom they have contact, have that conflicts with any
right of the Oneida Tribe to property, information, or any other right to own and operate
activities free from undisclosed competition or other violation of such rights of the Oneida Tribe.
1
Page 106 of 376
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
In addition, conflict of interest also means any financial or familial interest an elected official,
employee, consultant, or appointed or elected member of any board, committee or commission,
or their immediate relatives may have in any transaction between the Oneida Tribe and an outside
party.
3-3. Third party agreement shall mean any agreement with the Pharmacy in which an insurance
provider agrees to reimburse the Pharmacy for drugs and supplies sold to subscribers of a valid
health plan of that insurance provider.
Article I. General.
4-1. Purpose. This Policy shall be interpreted to prevent the use of inside information by which
such use would be to the detriment of the Oneida Tribe.
4-2. Scope.
a. This Policy shall apply to employees, consultants, members of boards, committees and
commissions, officers of the Oneida Tribe or any other persons with whom they may be
associated in personal, marital, business, financial or other relationships.
b. Under the protection of this Policy are the resources of the Oneida Tribe, its
enterprises, programs, business interests, financial information, trade secrets and any
other information that could be used against the Oneida Tribe or those duly authorized to
represent its interests.
4-3. Amendment of Documents. The following documents shall be amended as required in order
to implement this Policy:
a. Personnel Policies and Procedures for employees.
1. Prospective employees will be asked whether or not they have any conflicts of
interest as defined in this Policy.
2. Current employees will be asked to disclose existing conflicts of interest, if
any.
b. Persons or entities contracting with the Oneida Tribe must include a provision reciting
the prohibition against undisclosed conflicts of interest.
c. All members of boards, committees and commissions shall be informed in writing by
the Tribal Secretary of the existence of this Policy.
4-4. Forms. Forms shall be prepared upon which disclosures of conflicts which exist may be
listed and returned to the Oneida Business Committee for action as indicated in this Policy. The
Oneida Law Office shall be responsible for creating a standard form and any specialized forms
required by this Policy.
Article V. Penalties for Non-Disclosure of a Conflict of Interest
5-1. Employees. Employees found to be in violation of conflicts of interest shall be suspended
without pay pending a complete investigation and terminated where evidence identifies that a
undisclosed conflicts exists or existed. This investigation must be concluded within seven (7)
days of the suspension, after which the terminated employee shall have the same rights of appeal
as all other employees pursuant to procedures set forth in the Personnel Policies and Procedures.
5-2. Boards, Committees and Commissions. Members of boards, committees and commissions
may be either removed pursuant to the Removal Law for elected officials or have their
appointment terminated by the Oneida Business Committee pursuant to the law governing board,
committees and commissions for appointed officials.
5-3. Contracts. Entities or persons who do not disclose conflicts may be subject to termination
2
Page 107 of 376
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
of their contracts.
Article VI. Prohibited activities resulting from a Conflict of Interest
6-1. When a conflict of interest exists, no employee, officer or agent may participate in:
a. the selection, award, or administration of a contract supported by a Federal award;
and/orb. any other prohibited activities identified in any other law, policy or rule of the
Oneida Nation.
6-2. In the event arrangements are made to alleviate or mitigate the conflict of interest, it may
become permissible for a party to participate under 6-1.b. at the discretion of the division
director and to the extent permitted any applicable law, policy or rule, however, in all
circumstances, such parties remain prohibited from participating under 6-1.a.
Article VII. Exceptions
7-1. Exemptions to this Policy are for the purpose of excluding activities of the Oneida Tribe for
which no conflict of interest can exist. These activities generally occur when the Oneida Tribe is
acting as a provider of services for which another will be making payments or reimbursing costs
of providing the services. Exemptions must be specifically identified within this Article.
7-2. Pharmacy. This exemption shall be designed to relieve the Pharmacy and insurance
providers from the requirements of the Conflict of Interest Policy while recognizing the unique
relationship between the Pharmacy and insurance providers in third party payment agreements
where no proprietary information of the Oneida Tribe is provided to the insurance providers, and
there is little or no opportunity for a conflict of interest between the insurance providers and the
Oneida Tribe. This exemption shall be designed to increase the attractiveness of the Pharmacy to
subscribers of multiple insurance providers. This exemption shall apply solely to insurance
providers seeking to enter into third party payment agreements with the Pharmacy.
End.
Adopted - BC-6-10-98-C
Emergency Amendment - BC-4-12-06-JJ
Amended - BC-9-27-06-E (adoption of emergency amendments)
3
Page 108 of 376
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
08 / 10 / 16
2. General Informat
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.