INDEFINITE HOLD Placed On Oneida Constitutional Amendment Implementation: Yet More PROOF That The Oneida Business Committee, Oneida Election Board & Oneida Law Office Work Together To Violate The Oneida Constitution & Laws And The Indian Civil Rights Act [Plus AUDIO of the August 17 OBC Special Meeting]

The following OBC Memo was sent today to all Oneida Tribal Division Directors, Boards, Committees and Commissions:

This memorandum serves as notice to you that implementation of Oneida’s approved Constitutional amendments shall be placed on hold until further notice. …

On July 22, 2015, the OBC was officially notified that an appeal of the BIA’s certification decision was made to the [Interior Board of Indian Appeals / IBIA] by Tribal member, Madelyn Genskow. This appeal is in the beginning stages. We have not yet received a schedule for this appeal. Our research shows the whole appeal process generally takes two to three years.

On August 17, 2015, the OBC took action to place a hold on the implementation of the constitutional amendments until such time as this appeal is concluded. This hold is effective immediately and means that, due to the appeal, only members age 21 and over will be eligible to attend General Tribal Council (GTC) meetings and vote in Tribal Elections until the appeal of the challenge to the Secretarial Election has been concluded.

Requested Action

Please put a hold on all activity which implements Oneida’s approved constitutional amendments. Once the IBIA process is complete, a notice will be provided to you on when to resume implementation.

 

IN REALITY, Madelyn Genskow had already publicly informed the OBC about her appeal to the IBIA of the Secretarial Election results due to the OBC’s mishandling and misrepresentations of the election processes TWO TIMES BEFORE JULY 22, 2015:

  1. At the microphone during the June 24, 2015 OBC Regular Meeting
  2. At the microphone during the July 6, 2015 GTC Semi-Annual Meeting

In the following audio clip from the July 6, 2015 Semi-Annual GTC Meeting you can hear Madelyn inform the OBC and GTC about her intent to appeal the results of the Secretarial Election to IBIA following comments by Janice DeCorah.

Janice DeCorah addressed what Oneida Eye considers to be the OBC’s unmistakable attempt to use the proposed ‘GTC Meetings Law‘ to unlawfully empower the OBC in ways which blatantly violate the Oneida Constitution, and she importantly notes that these clearly illegal powergrabs remain in the version presented to GTC after FIVE years and FOUR drafts of the law by the Legislative Operating Committee, which was under the direction of Fmr. LOC Chair Melinda Danforth and current LOC Chair Brandon Stevens:

 

Janice DeCorah, who worked for the Oneida Business Committee for 16 years including serving as the Recording Secretary for OBC Meetings, correctly notes the unconstitutional changes that the OBC and the Legislative Operating Committee (LOC; made up primarily of five OBC members and currently chaired by OBC member Brandon Stevens) have proposed making regarding how GTC Meetings are conducted:

The way [the LOC’s draft of the GTC Meeting Law] reads, it violates the Oneida Constitution and gives more power to the Business Committee over the Constitution. …You violated the Constitution twice. You infringed on the petition process itself by not having it clear what happens to them if you cancel a meeting, and you infringe upon the Chair’s ability to to call a [GTC] meeting by saying that the rest of you, the eight of you [OBC members] will determine when or if. No! The Constitution says the Chair can call that meeting. …I’m so amazed that it’s even in there, that it took over four to five years to write it. You had four drafts. Within the four drafts why didn’t one of you say, “Hey! We’re violating the Constitution!”?  It didn’t occur.

Genral Tribal Council members have to come to grips with the inevitable conclusion that the actions of the OBC & LOC and OBC Chief Counsel Jo Anne House and the Legislative Review Office (LRO) provide sufficient convincing evidence of:

The OBC, OBC Chair Cristina Danforth, and OBC Chief Counsel Jo Anne House do not deserve the benefit of doubt when it comes to their continuous efforts to undermine the authority of General Tribal Council and violate the Constitution & Laws of the Oneida Tribe of Indians of Wisconsin, as well as violate the Indian Civil Rights Act.

IN FACT, at that GTC meeting LOC member David ‘Fleet’ Jordan said prior to Janice’s comments that one of those unconstitutional changes to the GTC Meetings Law was not included in the version that the LOC had previoulsy provided to him.

Why would the LOC give different versions of drafts of laws to the OBC and the LOC than what the OBC finally present to GTC?

The LOC as chaired by Melinda Danforth and now by Brandon Stevens has been aided & abetted those unconstitutional & unlawful efforts by employees of the Oneida Law Office, including Fmr. Legislative Reference Office (LRO) Attorney Michelle Mays, led by Oneida Business Committee Chief Counsel Atty. Jo Anne House.

The OBC’s August 21, 2015 memo’s suggestion that the OBC had not been informed about Madelyn Genskow’s appeal to IBIA until July 22, 2015 is false, and that’s just one of the reasons why the Emergency Amendments to the Oneida Election Law passed by OBC at an Emergency OBC Meeting on Sunday June 28, 2015, on the phony basis that there was somehow a true ‘threat‘ to the health, safety & welfare of the Oneida people were ILLEGAL as stated in our previous post:

The fact that on August 17, 2015 the OBC voted to place a hold on the implementation of the Constitutional amendments PROVES there was no true threat to the safety, health nor general welfare of the Oneida Tribe of Indians of Wisconsin that would warrant the OBC’s Emergency Amendments to the Oneida Election Law.

As Vice-Chair Melinda Danforth stated in the August 17, 2015 OBC Special Meeting audio (linked to below), due to the appeal to the IBIA and the subsequent hold on the implementation of the amendments to the Constitution , the ‘Oneida Nation’ in Wisconsin has now reverted back to referring to itself officially as the ‘Oneida Tribe of Indians in Wisconsin’ (OTIW).

And, as Madelyn Genskow noted (after being wrongly challenged by Area Mgr. of Oneida Cultural Heritage Anita Barber for using the correct and legal name of the ‘Oneida Tribe of Indians of Wisconsin’), the OBC does not keep GTC informed of such important reversals as the change of the very name of OTIW via the Tribe’s website, nor the Tribe’s newspaper, nor the Tribe’s Facebook page, nor in mailings sent out to Tribe memers.

(We have to admit that Oneida Eye’s prevalent use of ‘Oneida Nation in Wisconsin’ and ‘ONW’ has been a bit of snark poking fun at the breathless way the as-yet-unofficial change was promoted by the uninformed Oneida Communications Dept.)

The OBC seems to only finally have realized the real nature of the creek they had navigated to paddleless regarding the need to halt the implementation of Constitutional amendments after the Monday August 17, 2015 during an OBC Special Meeting., which was a continuation of the Wednesday August 12, 2015 OBC Regular Meeting.

WHY DID IT TAKE FROM JULY 22, 2015 UNTIL AUGUST 17, 2015 FOR THE OBC TO DECIDE TO ISSUE A HOLD ON IMPLEMENTING THE CONSTITUTIONAL AMENDMENTS?

The August 17 OBC Special Meeting was action-packed to say the least, and includes important and eye-opening discussions of Madelyn Genskow’s appeal to the IBIA, and Oneida Eye’s Publisher, Leah Dodge, outlining  serious environmental concerns regarding the Oneida Highway 54 OneStop Casino gas station demolition & rebuilding project (which some Tribal employees had been told would commence that day on August 17, 2015) in addition to legal concerns about the many problems surrounding the OBC’s contracts with Tribally-owned Oneida Total Integrated Enterprises (OTIE), as well the status of the ongoing federal investigations into OTIE and the Oneida Housing Authority:

Tribal CFO Larry Barton admitted that OTIE does not hafve a final design and noted that Sam Van Den Heuvel has been made the Oneida Highway 54 OneStop Project Manager in place of Wayne Metoxen (despite OTIE Board member Wayne Metoxen’s name still improperly remaining as the Tribe’s ‘Project Manager’ in a Standard Form of Agreement Between Owner and Design-Builder).

Oneida Eye’s Publisher pointed out that should have already been taken care by the time of the meeting and noted OTIE’s own Conflict of Interest Disclosure Form from October 2014:

Larry Barton didn’t reply to those questions about the contract, but he did say the project will definitely commence either this fall or next spring (and Tribal employees have been told to expect the gaming facility to shut down in mid-September).

Larry Barton also didn’t address the facts mentioned by Oneida Eye’s Publisher at the August 17 OBC Special Meeting that – despite Tribally-owned OTIE being awareded the design contract and the construction contract – there is still no final project design by OTIE nor has OTIE agreed to a guaranteed maximum project cost.

OBC Chief Counsel Jo Anne House played ‘blame the victim’ as though GTC is to blame for the OBC’s poor communication skills and bad decisions and OTIE’s incompetence.

Frank Cornelius Sr. questioned the OBC about OTIE’s costs regarding Tribal housing, and it now turns out that OTIE forgot to install plumbing for washing machines in the laundry rooms of eight units of the Elder Village housing, and now OTIE estimates that fixing the problem that OTIE created will cost the Tribe around $115,000 – which pushes the costs over the limits of HUD’s allowable Total Development Cost.

Later in the meeting Oneida Retail Director Michele Doxtator says the plan to roll out Champ’s Chicken in all of the OneStops on the Oneida Reservation. REALLY? CHAMP’S CHICKEN?

 

The August 17 Special OBC Meeting also addressed the OBC’s false statements to & about Frank Cornelius Sr. at previous OBC meetings. They continue to try to gloss over and justify their denials of due process in a timely manner of petitions for the redress of grievances. Predictably OBC Vice-Chair Melinda Danforth, OBC Sec. Lisa Summers, and OBC member Brandon Stevens continues to dissemble with pretense of professionalism.

In other words, lying and acting as though they’re just unprofessional at doing their jobs and not intentionally violating GTC members’ rights when they get caught lying and violating GTC members’ rights. (OBC Treas. Trish King whined like a child about being treated like a child after she and the rest of the OBC – and their attorney, Chief Counsel Jo Anne House – act worse than children. Shut up, grow up & wise up, Trash Queen!)

Just before the 2 hour mark, Brad Graham importantly highlights the Legislative Operarting Committee’s and Legislative Review Office’s errors in changes to the Community Support Fund Policy with examples of damaging financial impacts on Tribe members caused by the actions and inaction of the LRO, OLO, LOC & OBC. Social Services Area Mgr. Deborah Powless agreed that Brad Graham is correct.

Brad Graham and Madelyn Genskow restate GTC’s expressed need for an updated and thorough Tribe member’s guide to Tribal services, assistance and funding opportunities.

 

Starting at the 2 hour 55 minute mark, the OBC discusses whether to accept the Oneida Election Board’s Special Election Report and certify the official results of the July 2015 Special Election. That’s when Madelyn Genskow puts the OBC in their place about the illegal July 11, 2015 Special Election.

OBC Chief Counsel tries to defend the OBC’s illegal actions against GTC which violate the Tribal Constitution, Laws, and the Indian Civil Rights Act.

Jo Anne House fails, and Cathy Metoxen rightly called Jo Anne out on her pattern of flawed legal advice to OBC which has resulted in a series of serious violations of GTC’s rights.

Apparently it was only after the OBC went into Executive Session following the adjournment of the public portion of the August 17, 2015 OBC Special Meeting that they “took action to place a hold on the implementation of the constitutional amendments until such time as the [IBIA] of the challenge to the Secretarial Election has been concluded” as stated in the August 21 Internal Memo.

During the August 17, 2015 OBC Special Meeting, Chief Counsel Jo Anne House said this in answer to a question by Mike Debraska starting at 3 hours 5 minutes 50 seconds:

The Secretarial Election appeal in front of the IBIA goes to the processes and procedures that were the conduct of the election itself, and that’s it. The IBIA will not render an opinion on the internal actions of the Oneida Tribe of Indians of Wisconsin as identified within General Tribal Council meetings. There is a General Tribal Council action that created a Judiciary. It is a formal agency of the Tribe and it is established and operating. The Election Law identifies how challenges to the elections can be brought forward. The time to challenge the 2015 Special Election on July 11th -um- has concluded. There are no opportunities under the Law adopted by the General Tribal Council to challenge this election. The only thing left are formalities: accepting the [Election Board’s] Report and notifying those folks that have -um- won that election -um- when they need to take their Oath of Office. That’s it! There’s nothing left under the Election Law to occur. So I’m not sure what the IBIA appeal has in regards to this? As far as I can see there’s nothing in there that would affect this election. This is an internal matter of the Tribe. The IBIA will not rule on it.

OBC Vice-Chair Melinda Danforth then called on Madelyn Genskow who said:

I guess that remains to be seen whether the IBIA will have anything to do with it. Um, when I spoke to them on the phone the -uh- staff on the phone, they told me to send the documents in. So, I wouldn’t think they would’ve told me to send the documents in if they had no intention of looking at it and of taking any kind of decision. And -um- so anyway, but it appears to me that maybe we have to pass a law that the Business Committe is financially responsible when they waste Tribal money, because -uh- you guys just keep on approving, and approving, and approving without any consideration of whether or not you’re wasting Tribal money.

Indeed, and after Brad Graham reiterated the fact that Election Notices with different voting age requirements (some said 18+ and others 21+) and without Referendum Questions listed were mailed out to Tribe members by the Oneida Election Board with the approval of the OBC he says (3 hours 12 minutes):

I’m respectfully asking the five of you sitting up there now to decline this election. Bring forward to General Tribal Council the actions and inactions of the Election Board concerning this election, let GTC deal with this and take actions on this. They’ve already left their positions. This election should not be certified and go forward. They should be redone. The Election Board should be held accountable, responsible, and any cost, they should have to pay back themselves to redo this election and have it done properly, at 21 and older, in accordance to our Constitution, with all the Referendum Questions and everything properly noticed. The people out there should not be getting screwed over that run for this. They’ve been sitting and waiting. A lot of money’s been paid for [political] advertisements and stuff. Just because the Election Board failed to do their job again, we’re supposed to sit here and accept this? No. So I’m respectfully asking the five of you up there right now to decline these election results, have it redone, bring forward to General Tribal Council the actions and inactions of the Election Board and let us make the decisions and handle this so that we can get this straightened out once and for all. Somebody has to be held accountable. Period. And you guys aren’t going to do it. So, bring it before GTC and let them decide.

Good idea, but the entire Oneida Business Committee along with OBC Chief Council Jo Anne House should also be on the hook and foot the cost of that unnecessary bill created by their illegal actions.

Cathy Metoxen astutely observed:

It’s beyond my comprehension why you people choose to act so damn dumb.

Then Illegal & Former OBC David ‘Fleet’ Jordan made a pathetic attempt at a joke and called for the question, and the OBC voted unanimously to accept the Oneida Election Board’s Final Report of the 2015 Special Election and decalre the results as official (with the abstention of Fleet because his sister sits on the OEB).

 

And NOW the OBC claims taht later that same day that Jo Anne House said IBIA could not affect the election resultsthe Oneida Business Committee declared a ‘HOLD’ on the implementation of the constitutional amendments and is limiting GTC Meeting attendance to Tribe members twenty-one (21) years old and older which the OBC COULD have and SHOULD have done for the July 6, 2015 GTC Semi-Annual Meeting and the July 11, 2015 Special Election.

Instead, OBC VICE-CHAIR MELINDA DANFORTH and OBC CHIEF COUNSEL JO ANNE HOUSE CONSPIRED TOGETHER with OBC Members (and presumably Oneida Law Office personnel and members of the Oneida Election Board) to untruthfully assert that disallowing 18-20 year olds from attending & voting at the July 6 GTC Semi-Annual Meeting and the July 11 Special Election (about which Melinda Danforth falsely claimed that 18-20 year olds had be allowed to be candidates) somehow posed real & imminent THREAT to the health, safety & welfare of the Tribe, and on that phony basis they held an OBC Emergency Meeting on Sunday June 28 to illegally pass Emergency Amendments to Oneida Election Law.

Any suggestion that the OBC actually cares about not disenfranchising Tribal voters has already been proven bogus by the OBC’s own actions.

DID OBC CHIEF COUNSEL JO ANNE HOUSE, OR THE ONEIDA LAW OFFICE, ADVISE THE OBC TO DELAY THEIR HOLD ON THE IMPLEMENTATION OF CONSTITUTIONAL AMENDMENTS – INCLUDING LOWERING THE VOTING AGE – UNTIL AFTER THE OBC IMPROPERLY VOTED TO CERTIFY THE RESULTS OF AN ELECTION WHICH WAS MADE UNLAWFUL BY THE OBC’S OWN ILLEGAL EMERGENCY AMENDMENTS ALLOWING 18-20 YEAR OLDS TO VOTE?

What else could explain why would it take from JULY 22 until AFTER the OBC voted on August 17 to certify the results of the July 2015 Special Election to FINALLY announce to GTC on August 21 that the OBC had enacted a ‘Hold’ on the Constitutional amendments thereby raising the legal voting age BACK to 21-YEARS-OLD on August 17?

The OBC’S AUGUST 21, 2015 Memo’s about the OBC’s AUGUST 17, 2015 DECISION to place an indefinite hold on the implementation of the Constitutional amendments and to declare 18-20 year olds ineligible to attend & vote at GTC meetings until the IBIA appeal process was complete…

PROVES THERE WAS NO  REAL THREAT TO THE ONEIDA TRIBE, thus no legitimate basis to pass any Emergency Amendments to the Oneida Election Law.

If there had been, the OBC and OBC Chief Counsel Jo Anne House had a professional, ethical and legal obligation to inform GTC of the of the nature of that ‘threat’ at the July 6, 2015 GTC Semi-Annual Meeting and allow GTC to discuss and decide whether to affirm the OBC’s Emergency actions or to reverse them or to add to them.

The OBC and the OBC Chief Cousel failed to do so, proving there was no true ‘Emergency’ and that they were arbitrarily & capriciously usurping the power of the supreme governing body.

The OBC’s decision to bar 18-20 years olds from attending GTC Meetings only reaffirms that fact.

THEREFORE, THE VOTING RESULTS OF BOTH THE JULY 6, 2015 SEMI-ANNUAL GTC MEETING AND THE JULY 11, 2015 SPECIAL ELECTION MUST BOTH BE DECLARED NULL & VOID.

 

[Predictably, the OBC still has an incorrect and illegal version of the Oneida Constitution posted on the Tribe’s website which says: “All enrolled members of the Oneida Nation who are eighteen (18) years of age or older shall be qualified voters,” despite the fact that (according to OBC Sec. Lisa Summers’ Internal Memo) the OBC voted to revert to the official name ‘Oneida Tribe of Indians of Wisconisn” and raised the voting age back up to 21. Hey, OBC Sec. Lisa Summers: Stop being an evil nitwit, try to find even half a clue, remove the illegal version of the Oneida Constitution from the Tribe’s website and post the legal version of the Oneida Constitution back on the Tribe’s website already. In other words, Lisa: Do the job you get paid for and quit being a lazy, lying idiot.]

 

The following OBC Memo to the General Tribal Council regarding the impact of the appeal to the IBIA was posted today on the Oneida Tribe’s Facebook page:

Due to this appeal: Only members age 21 and over will be eligible to attend the General Tribal Council (GTC) meeting until the appeal of the challenge to the Secretarial Election has been concluded. The OBC will be sending out a separate notice to members age 18 and up with additional information. Additional information will also be posted on the Tribe’s website.

At the Semi-Annual GTC meeting held on July 6, 2015, the meeting was adjourned before the entire agenda was addressed and action was taken to move the remaining agenda items to another GTC meeting.

In order to best utilize our resources, a new meeting packet is not being mailed. There is no change to the meeting materials that were created and mailed for the July 6, 2015, Semi-Annual GTC meeting.

 

That means that all votes taken at the July 2015 GTC Semi-Annual Meeting MUST BE DECLARED NULL & VOID because the OBC unlawfully allowed 18-20 year-olds to attend and vote.

It also means that any implementation of the the results of the July 2015 Special Election must be halted and the election results MUST BE NULLIFIED due to the fact that the 18-20 year olds participated in that election and at least one candidate lost by only one (1) vote. Those elected positions are listed in our previous post:

The OBC’s memo also means that the implementation of the Oneida Judiciary must be put on hold due to the fact that the inclusion of the Judiciary in the Oneida Constitution was a Secretarial Election ballot question.

Which also means that Oneida boards, committees and commissions cannot “have their hearing authority transferred to an administrative court that would be created under the Judiciary” as planned by Legislative Operating Committee Chair Brandon Stevens:

Brandon Stevens’ memo states:

Replacement for the Adminstrative Procedures Act
As it is likely that not all boards, committees and commissions will have their hearing authority transferred, legislation for a hearing process for those entities needs to be passed. Currently, there is emergency legislation in place with an expiration date of September 1, 2015. This will likely be a one-time exception of this emergency legislation for an additional six (6) months By that expiration date of March 1, 2016 new legislation will need to be in place.

Requested Action
• 
Accept the action plan for the Tribal Hearing Bodies/Administrative Court; and

• Direct the Oneida Child Protective Board, the Oneida Election Board, the Oneida Environmental Resource Board, the Oneida Land Commission, the Oneida Personnel Commission, the Oneida License Commission and the Oneida Trust/Enrollment Committee to retrieve their financial expenses for the last three (3) years (including, but not limited to, the amount of stipends received, traning costs and other expenses) and turn the information over to OBC to help in evaluating which entities should retain their hearing body authority.

 

The OBC’s two August 21 memos regarding their decision to prohibit 18-20 year olds from attending and voting at GTC Meetings also PROVES that there was absolutely NO legitimate claim of any real ‘threat’ being posed to the health, safety nor welfare of the Oneida Tribe in Wisconsin which would have justified the Sunday June 28, 2015 Emergency OBC Meeting to pass Emergency Amendments to the Oneida Election Law.

Instead, by passing those Emergency Amendments to the Oneida Election Law, the OBC infringed on and violated the voting & due process rights of General Tribal Council which are protected under the Indian Civil Rights Act with the consultation and advice of OBC Chief Counsel Jo Anne House.

Therefore, the OBC’s Emergency Amendments to the Election Law – along with other actions taken by the OBC on the advice & counsel of Atty. Jo Anne House – were and remain ILLEGAL.

Just before the end of the meeting (5 hours 31 minutes) Brandon Stevens, in response to comments by Frank Cornelius Sr., finally admits that OBC Chief Counsel Jo Anne House is only the OBC’s Attorney and she is not in any way, shape, nor form GTC’s Attorney:

I’d like to clarify that your reference to the Constitution is in reference to General Tribal Council when they’re in session and their ability to employ counsel for themselves that would represent the General Tribal Council, and I’m reading directly from the Constitution and that’s in reference, so you’re taking that out of context. So this is not in reference to [hiring] legal counsel of the General Tribal Council, which the General Tribal Council can do to represent the General Tribal Council.

Like a broken clock, even Brandon Stevens is right once in a while, and his comments demonstrate and explain exactly why GTC must not allow Jo Anne House to remain the Parliamentarian for GTC meetings – because she is the OBC’s Attorney and that creates an undeniable conflict of interest because Jo Anne House plainly and openly places OBC’s interests and goals ahead of GTC’s interests and goals.

As Oneida Eye has said before and reiterates again in light of the illegal decisions the OBC has made and the illegal actions the OBC has taken based on the bad and perhaps criminal advice of OBC Chief Counsel Jo Anne House:

WARNING TO GENERAL TRIBAL COUNCIL: JO ANNE HOUSE IS  NOT  YOUR ATTORNEY; SHE IS THE ONEIDA BUSINESS COMMITTEE’S ATTORNEY ONLY AND SHE IS BEHAVING AS GTC’S ADVERSARY.

IT IS THE GOAL OF THE ONEIDA BUSINESS COMMITTEE TO TAKE POWER AWAY FROM GENERAL TRIBAL COUNCIL AT EVERY TURN, AND THE OBC’S CHIEF COUNSEL IS HELPING THE OBC DO IT EVERY CHANCE SHE CAN GET.

PUT SIMPLY, JO ANNE HOUSE IS AIDING & ABETTING (AND PERHAPS EVEN DIRECTING) THE OBC AND THE ONEIDA LAW OFFICE IN THEIR ILLEGAL EFFORTS TO KEEP GTC UNINFORMED WHILE THEY UNDERMININE GTC’S AUTHORITY AS THE SUPREME GOVERNING BODY OF THE ONEIDA TRIBE OF INDIANS IN WISCONSIN, AND VIOLATE THE ONEIDA TRIBAL CONSTITUTION & LAWS AND THE INDIAN CIVIL RIGHTS ACT.

 

See also:

 

NEW! on the Oneida Nation in Wisconsin’s website:

 


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As It Happens

August 2015
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