# Oneida Business Committee (2025)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A02ba6375dc82d149

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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Oneida Nation

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Oneida Business Committee
Legislative Operating Committee

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PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
May 7, 2025
9:00 a.m.
I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved
1. April 16, 2025 LOC Meeting Minutes (pg. 2)

III.

Current Business
1. Oneida Nation Law Enforcement Ordinance Amendments (pg. 4)
2. Hunting, Fishing, and Trapping Law Amendments (pg. 56)
3. Landlord Tenants Law Amendments (pg. 87)
4. Workplace Violence Law Amendments (pg. 120)

IV.

New Submissions
1. Oneida Worker’s Compensation Law Amendments (pg. 137)
2. Petition: S. Benton – Personnel Policies and Procedures Amendments #2025-01(pg. 138)
3. Petition: S. Benton – Trial Court Rules Amendments #2025-02 (pg. 140)
4. Judiciary Law Amendments (pg. 142)
5. Data Sovereignty Law (pg. 154)

V.

Additions

VI.

Administrative Updates
1. E-Poll Results: Approval of the LOC and LRO FY 2025 Semi-Annual Reports for GTC (pg. 157)
2. E-Poll Results: Approval of the Sanctions and Penalties Law Public Meeting Packet and
Summer LOC Community Meeting Notice (pg. 165)
3. LOC Fiscal Year 2025 Second Quarter Report (pg. 195)

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
April 16, 2025
9:00 a.m.
Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Marlon Skenandore
Excused: Kirby Metoxen
Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz
Others Present on Microsoft Teams: David P. Jordan, Derrick King, Janice Decorah, Rae
Skenandore, Eric Boulanger, Katsitsiyo Danforth, Kristal Hill, Fawn Cottrell, Tavia James-Charles,
Sarah White, Ralinda Ninham-Lamberies, Eric McLester, Justin Nishimoto, Michelle Braaten,
Kaylynn Gresham, Peggy Helm-Quest, Fawn Billie, Joel Maxam, Shannon Stone
I.

Call to Order and Approval of the Agenda
Jameson Wilson called the April 16, 2025, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jonas Hill to approve the agenda; seconded by Jennifer Webster. Motion carried
unanimously.

II.

Minutes to be Approved
1. April 2, 2025 LOC Meeting Minutes
Motion by Jennifer Webster to approve the April 2, 2025 LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Jonas Hill. Motion carried
unanimously.

III.

Current Business
1. Oneida Nation Law Enforcement Ordinance Amendments
Motion by Jonas Hill to accept the accept the updated public comment review
memorandum, draft, and legislative analysis; seconded by Marlon Skenandore. Motion
carried unanimously.
Motion by Jonas Hill to approve he fiscal impact statement request memorandum and
forward to the Finance Department directing that a fiscal impact statement be prepared and
submitted to the LOC by April 30, 2025; seconded by Jennifer Webster. Motion carried
unanimously.

IV.

New Submissions
A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of April 16, 2025
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V.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Adjourn
Motion by Marlon Skenandore to adjourn at 9:12 a.m.; seconded by Jennifer Webster.
Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of April 16, 2025
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee

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PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

Legislative Operating Committee
May 7, 2025

Oneida Nation Law Enforcement
Ordinance Amendments
Submission Date: 9/17/14
LOC Sponsor: Jonas Hill

Public Meeting: 3/14/25
Emergency Enacted: n/a

Summary: This item was carried over from the previous three terms. The item was originally
added to the Active Files List per the request of the Oneida Police Department and the Oneida
Law Office that clarification be added to the law regarding whether the Nation’s Conservation
wardens qualify as sworn officers.
9/17/14 LOC: Motion by Jennifer Webster to add Law Enforcement Ordinance Amendments –
Conservation Officers to the Active Files List; seconded by Tehassi Hill. Motion carried
unanimously. Note: Tehassi Hill will be the sponsor for this item.
10/10/16:

Quarterly Sponsor Update Meeting held. Present: Tehassi Hill, Maureen Perkins, Tani
Thurner, Clorissa Santiago, Krystal John. No new updates.

9/6/17 LOC:

Motion by Jennifer Webster to add Law Enforcement Ordinance Amendments –
Conservation Officers to the active files list with Ernie Stevens III as the sponsor; seconded
by Daniel Guzman King. Motion carried unanimously.

11/1/17 LOC: Motion by Kirby Metoxen approve the 60-day active files list update and continue
development of all the items on the active files list; seconded by Ernie Stevens III. Motion
carried unanimously.
10/7/20 LOC: Motion by Kirby Metoxen to add the Law Enforcement Ordinance Amendments to the
Active Files List with Jennifer Webster as the sponsor; seconded by Daniel Guzman King.
Motion carried unanimously.
12/09/21:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Kristal Hill,
Rhiannon Metoxen, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen. This was a work
meeting held through Microsoft Teams. The purpose of the meeting was to have the LOC
review a first draft of amendments to the Oneida Law Enforcement Ordinance. For purposes
of efficiency, amendments to the Ordinance should be developed and adopted simultaneous
with the ONGO amendments; specifically, as they relate to the transition of the Security
Department (as set forth in ONGO) from under the Oneida Police Department to under a
Public Safety Commission, which will be created through re-establishment of the Oneida
Police Commission via amendments to this Ordinance. The next step is for the drafting
attorney to meet with the heads of the Police Department and Conservation Department to
discuss the aforementioned transition.

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12/15/21:

Work Meeting. Present: David Jordan, Marie Summers, Daniel Guzman-King, Jennifer
Webster, Kristal Hill, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen. This was a
work meeting held through Microsoft Teams. The purpose of the meeting was to discuss the
meeting scheduled for December 21, 2021 with the heads of the Oneida Police Department
and Conservation Department to discuss the transition of the Conservation Department from
under the Police Department to under a re-established Oneida Police Commission to be
renamed the Public Safety Commission.

12/21/21:

Work Meeting. Present: David Jordan, Marie Summers, Daniel Guzman-King, Joel Maxam,
Eric Boulanger, Shad Webster, Terry Metoxen, Nicole Rommel, Kristal Hill, Rhiannon
Metoxen, Kristen Hooker, Carmen Vanlanen. This was a work meeting held through
Microsoft Teams. The purpose of the meeting was to discuss amendments to the Oneida
Law Enforcement Ordinance as they relate to the oversight of the Conservation Department.
The next step is for the Police Department and Conservation Department to forward their
policies/ protocols to the LRO so that it may review them in anticipation of discussing the
issue in more depth with the LOC.

1/28/22:

Work Meeting. Present: Richard VanBoxtel, Jeanette Ninham, Kristen Hooker, Carmen
Vanlanen. This was a work meeting held through Microsoft Teams. The purpose of the
meeting was to hear from members of the Oneida Police Commission in regards to the
proposal to reorganize the Commission, as well as the Conservation Department, in a
manner that better suits the Nation and its members.

6/23/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Summers, Clorissa N.
Santiago, Carolyn Salutz, Grace Elliott, Rhiannon Metoxen, Kristal Hill. This was a work
meeting held through Microsoft Teams. The purpose of the meeting was to clarify some
drafting questions to provide greater direction as to the drafting of potential amendments to
the Law.

7/6/22:

Work Meeting. Present: Kirby Metoxen, Marie Summers, Daniel Guzman King, Clorissa N.
Santiago, Carolyn Salutz, Grace Elliott, Kristal Hill, Eric Boulanger, Joel Maxam. Terry
Metoxen, Kelly McAndrews. This was a work meeting held through Microsoft Teams. The
purpose of the meeting was to begin discussing potential amendments to the Law.

8/3/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Summers, Daniel Guzman
King, Clorissa N. Santiago, Carolyn Salutz, Grace Elliott, Kristal Hill, Rhiannon Metoxen.
This was a work meeting held through Microsoft Teams. The purpose of the meeting was to
discuss an e-mail received from Attorney Kelly McAndrews providing that the Oneida Law
Office and Oneida Police Department no longer support the creation of a Public Safety
Commission that would oversee the Security Department in addition to the Police
Department.

9/19/22:

Work Meeting. Present: Kirby Metoxen, Marie Summers, Daniel Guzman King, Jennifer
Webster, Clorissa N. Santiago, Carolyn Salutz, Kristal Hill, Eric Boulanger, Joel Maxam,
Richard VanBoxtel, Kelly McAndrews, Katsitsiyo Danforth. This was a work meeting held
through Microsoft Teams. The purpose of the meeting was to discuss a memorandum from
OPD, Law Office, and Security regarding some concerns with including Security within the
Law Enforcement Ordinance, as well as additional areas within the Law Enforcement
Ordinance that will need amending.

9/21/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Cornelius, Daniel Guzman
King, Jennifer Webster, Clorissa N. Santiago, Carolyn Salutz, Rhiannon Metoxen, Grace
fire.the meeting
A strongof
heart.
A good
A good mind.
Elliott. This was a work meeting held through Microsoft
Teams.
The
purpose

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was to follow up on the September 19, 2022, work meeting and make a final determination
as to whether to move forward with the development of the Public Safety Commission.
10/3/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Cornelius, Daniel Guzman
King, Jennifer Webster, Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Kristal Hill,
Katsitsiyo Danforth, Louise Cornelius. This was a work meeting held through Microsoft
Teams. The purpose of the meeting was to discuss with the Gaming General Manager,
Gaming maintaining some responsibilities over the Security Department even after it moves
to under the Public Safety Commission.

10/4/23 LOC: Motion by Jennifer Webster to add the Law Enforcement Ordinance Amendments to the
Active Files List with Jonas Hill as the sponsor; seconded by Jonas Hill. Motion carried
unanimously.
3/6/24:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Marlon
Skenandore, Jonas Hill, Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Joel Maxam,
Brandon Vandehei, Maureen Perkins, Kristal Hill. The purpose of this work meeting was to
review the Oneida Nation Law Enforcement Ordinance and discuss potential amendments.

3/28/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore, Kirby
Metoxen, Jonas Hill, Clorissa Leeman, Kristal Hill, Grace Elliott, Carolyn Salutz. The
purpose of this work meeting was to discuss the removal of “sergeant” from section 301.53(d) of the law.

4/19/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Marlon Skenandore,
Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Joel Maxam, Brandon Vandehei, Dan
Skenandore, Fawn Cottrell, Katsitsiyo Danforth, Maureen Perkins. The purpose of this work
meeting was to review the updated draft of the proposed amendments to the Oneida Nation
Law Enforcement Ordinance.

6/7/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Kirby Metoxen,
Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Brandon Vandehei, Richard
VanBoxtel, Katsitsiyo Danforth, Carolyn Salutz, Kristal Hill, Maureen Perkins. The purpose
of this work meeting was to review the updated draft of the proposed amendments to the
Oneida Nation Law Enforcement Ordinance, and specifically obtain the input of the Oneida
Police Commission.

7/26/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman,
Maureen Perkins, Richard VanBoxtel, Eric Boulanger. The purpose of this work meeting was
to review some final topics in the Oneida Law Enforcement Ordinance draft – particularly
looking at section 301.6-4 so we can have some discussion on what responsibilities the
Commission should have over the Department so it best reflects current practice.

9/4/24 LOC:

Motion by Jonas Hill to approve the draft of the proposed amendments to the Oneida Law
Enforcement Ordinance and direct that a legislative analysis be completed; seconded by
Kirby Metoxen. Motion carried unanimously.

9/4/24:

OBC Officers Meeting. Present: Jameson Wilson, Jonas Hill, Clorissa Leeman, Lisa Liggins,
Lisa Summers, Lawrence Barton, Danelle White, Tehassi Hill, Brandon Yellowbird-Stevens.
Members of the LOC were called into the OBC Officers’ meeting to discuss the progress of
the Oneida Law Enforcement Ordinance amendments and the future placement of the Internal
Security Department. Some Officers expressed concern with placing the Internal Security
Department under the future Oneida Public Safety and Security Commission and asked for
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reconsideration of the idea to place the Internal Security Department under the Gaming
General Manager. The LOC provided they would take this into consideration.
9/4/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen,
Marlon Skenandore, Clorissa Leeman, Carolyn Salutz, Fawn Cottrell, Kristal Hill, Maureen
Perkins, Fawn Billie. The purpose of this work session was to consider the request made from
the OBC Officers. LOC decided to hold one more work session with the larger work group to
consider the Officers’ request for reconsideration of the placement of the Internal Security
Department under the Gaming General Manager.

10/8/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Marlon
Skenandore, Clorissa Leeman, Eric Boulanger, Joel Maxam, Kristal Hill, Maureen Perkins,
Reynold Danforth, Katsitsiyo Danforth, Mark Powless, Jeremy King, Fawn Cottrell,
Michelle Braaten. The purpose of this work meeting was to have one final discussion on the
placement of the Internal Security Department with the broader work team before the draft of
the proposed amendments to the Oneida Law Enforcement Ordinance continues moving
through the legislative process.

10/9/24:

Phone Call. Present: Clorissa Leeman, Kelly McAndrews. The purpose of this phone call was
to collect Attorney Kelly McAndrew’s insight on the placement of the Internal Security
Department, since she was unable to attend the work meeting yesterday.

10/18/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Clorissa Leeman, Grace Elliott, Kristal
Hill, Maureen Perkins, Fawn Cottrell, Fawn Billie. The purpose of this work meeting was to
discuss the placement of the Internal Security Department after the information collected
during out last work meeting.

10/24/24:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Clorissa Leeman, Grace
Elliott, Carolyn Salutz, Maureen Perkins, Kristal Hill, Fawn Cottrell. The purpose of this
work meeting was to discuss and make a decision as to where the Internal Security
Department should be placed within the organization, and if any changes to the proposed
amendments to the law need to be developed.

1/15/25 LOC: Motion by Jonas Hill to approve the updated draft and legislative analysis for the Oneida
Nation Law Enforcement Ordinance amendments; seconded by Marlon Skenandore. Motion
carried unanimously.
2/5/25 LOC:

Motion by Jonas Hill to approve the public meeting packet for the amendments to the Oneida
Nation Law Enforcement Ordinance and forward to a public meeting to be held on March 14,
2025; seconded by Marlon Skenandore. Motion carried unanimously.

3/14/25:

Public Meeting Held. Present: Marlon Skenadore, Clorissa Leeman, Grace Elliott, Carolyn
Salutz, Jason King, Katsitsiyo Danforth, Kimberly Skenandore Goodrich, Kristal Hill, Hon.
Patricia Hoeft, Shannon Stone, Stephanie Smith, Brittany Smith, Sky Gonzalez, Mary Ann
Peters. One (1) person provided oral comments during this public meeting.

3/21/25:

Public Comment Period Closed. No individuals provided written comments during this
public comment period.

4/2/25 LOC:

Motion by Jonas Hill to accept the public comments and the public comment review
memorandum and defer to a work meeting for further consideration; seconded by Kirby
Metoxen. Motion carried unanimously.
A good mind. A good heart. A strong fire.

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4/2/25:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Clorissa Leeman, Grace
Elliott, Carolyn Salutz, Fawn Cottrell. The purpose of this work meeting was to review and
consider the public comments received.

4/10/25:

Work Meeting. Present: Clorissa Leeman, Peggy Van Gheem. The purpose of this brief work
meeting was to touch base on some issues identified by the Oneida Law Office and determine
if additional language to the law was necessary.

4/16/25 LOC: Motion by Jonas Hill to accept the accept the updated public comment review memorandum,
draft, and legislative analysis; seconded by Marlon Skenandore. Motion carried
unanimously.
Motion by Jonas Hill to approve the fiscal impact statement request memorandum and
forward to the Finance Department directing that a fiscal impact statement be prepared and
submitted to the LOC by April 30, 2025; seconded by Jennifer Webster. Motion carried
unanimously.
4/30/25:

Fiscal Impact Statement. The fiscal impact statement was received from the Finance
Department.

Next Steps:


Approve the adoption packet for the Oneida Nation Law Enforcement Ordinance Amendments
and forward to the Oneida Business Committee for consideration.

A good mind. A good heart. A strong fire.

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r'\.

Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

TO:
FROM:
DATE:
RE:

=DODDDD=

ONEIDA

Oneida Business Committee
Jameson Wilson, LOC Chairperson
May 7, 2025
Adoption of Amendments to the Oneida Nation Law Enforcement Ordinance

Please find the following attached backup documentation for your consideration of the adoption
of amendments to the Oneida Nation Law Enforcement Ordinance:
1.
2.
3.
4.
5.
6.

Resolution: Amendments to the Oneida Nation Law Enforcement Ordinance
Statement of Effect: Amendments to the Oneida Nation Law Enforcement Ordinance
Oneida Nation Law Enforcement Ordinance Amendments Legislative Analysis
Oneida Nation Law Enforcement Ordinance Amendments Draft (Redline)
Oneida Nation Law Enforcement Ordinance Amendments Draft (Clean)
Oneida Nation Law Enforcement Ordinance Amendments Fiscal Impact Statement

Overview
The purpose of the Oneida Nation Law Enforcement Ordinance is to regulate the conduct of the
Nation’s law enforcement personnel according to the highest professional standards. [3 O.C.
301.1-1]. Amendments to the Oneida Nation Law Enforcement Ordinance are being sought to:
▪ Revise the title of the law from “Oneida Nation Law Enforcement Ordinance” to “Law
Enforcement law;”
▪ Include a new provision providing the policy of the Nation in regard to this law. [3 O.C.
301.1-2];
▪ Provide that law enforcement operations can take place outside the Reservation when the
operations occur pursuant to any other jurisdictional exception that may exist for law
enforcement officers. [3 O.C. 301.4-2(c)];
▪ Remove the Police Sergeant position from the positions in the Oneida Police Department
that are required to be held by enrolled members of the Nation. [3 O.C. 301.5-1(a)];
▪ Require that upon the removal of a Police Chief, in addition to the retirement or resignation,
the Oneida Public Safety and Security Commission shall appoint an interim Police Chief.
[3 O.C. 301.5-2(b)(4)];
▪ Clarify that to the extent that Federal Tort Claims Act coverage does not apply, the Nation
shall provide professional liability insurance for all law enforcement officers. [3 O.C.
301.5-4];
▪ Allow for the sworn oath of a law enforcement officer to take place at a special Oneida
Business Committee meeting, or at an alternative time and location as determined by the
Oneida Business Committee Secretary, in addition to at a regular Oneida Business
Committee meeting. [3 O.C. 301.5-6];
▪ Expand the Oneida Police Commission into the Oneida Public Safety and Security
Commission, which will oversee the Internal Security Department and any other public

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▪
▪
▪

▪
▪

▪

safety operation department of the Nation, in addition to the Oneida Police Department. [3
O.C. 301.6];
Revise the eligibility qualifications for Oneida Public Safety and Security Commission
members. [3 O.C. 301.6-3];
Revise the responsibilities of the Oneida Public Safety and Security Commission in regard
to the Oneida Police Department. [3 O.C. 301.6-4];
Provide that the responsibilities of the Oneida Public Safety and Security Commission in
regard to the Internal Security Department or any other safety operation department of the
Nation shall be provided for in the Oneida Public Safety and Security Commission bylaws.
[3 O.C. 301.6-5)];
Revise the disciplinary proceedings for law enforcement officers. [3 O.C. 301.9];
Move all provisions regarding the use of firearms to section 301.11 of the Law, and provide
that the Oneida Police Department may allow law enforcement use of service firearms in
order to protect life, liberty, property, land, and premises, according to the usual and current
accepted law enforcement standards. [3 O.C. 301.11-1]; and
Make other minor drafting changes throughout the Law.

The Legislative Operating Committee developed the proposed amendments to the Oneida Nation
Law Enforcement Ordinance through collaboration with representatives from the Oneida Police
Department, Oneida Police Commission, Oneida Law Office, Internal Security Department,
Oneida Business Committee, Oneida Gaming Commission, and the General Manager. The
Legislative Operating Committee held twenty-four (24) work meetings on the development of the
amendments to the Oneida Nation Law Enforcement Ordinance.
The development of the amendments to the Oneida Nation Law Enforcement Ordinance complies
with all processes and procedures required by the Legislative Procedures Act, including the
development of a legislative analysis, a fiscal analysis, and the opportunity for public review
during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8].
The Legislative Operating Committee held a public meeting on the proposed amendments to the
Oneida Nation Law Enforcement Ordinance on March 14, 2025. One (1) individual provided oral
comments during the public meeting. The public comment period for the amendments to the
Oneida Nation Law Enforcement Ordinance was then held open until March 21, 2025. No written
comments were received during this public comment period.
The amendments to the Oneida Nation Law Enforcement Ordinance will become effective on
August 20, 2025.
Requested Action
Adopt the Resolution: Amendments to the Oneida Nation Law Enforcement Ordinance

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Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution #
Amendments to the Oneida Nation Law Enforcement Ordinance
WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and

WHEREAS,

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

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Nation Law Enforcement Ordinance (“the Law”) was adopted by the Oneida
Business Committee through resolution BC-10-10-01-C and then amended by resolution
BC-02-25-15-C; and

WHEREAS,

the purpose of this Law is to regulate the conduct of the Nation’s law enforcement
personnel according to the highest professional standards; and

WHEREAS,

the amendments to the Law revise the title of the Law from “Oneida Nation Law
Enforcement Ordinance” to “Law Enforcement law;” and

WHEREAS,

the amendments to the Law include a new provision providing the policy of the Nation in
regard to this law; and

WHEREAS,

the amendments to the Law provide that law enforcement operations can take place
outside the Reservation when the operations occur pursuant to any other jurisdictional
exception that may exist for law enforcement officers; and

WHEREAS,

the amendments to the Law remove the Police Sergeant position from the positions in the
Oneida Police Department that are required to be held by enrolled members of the Nation;
and

WHEREAS,

the amendments to the Law require that upon the removal of a Police Chief, in addition to
the retirement or resignation, the Oneida Public Safety and Security Commission shall
appoint an interim Police Chief; and

WHEREAS,

the amendments to the Law clarify that to the extent that Federal Tort Claims Act coverage
does not apply, the Nation shall provide professional liability insurance for all law
enforcement officers; and

WHEREAS,

the amendments to the Law allow for the sworn oath of a law enforcement officer to take
place at a special Oneida Business Committee meeting, or at an alternative time and
location as determined by the Oneida Business Committee Secretary, in addition to at a
regular Oneida Business Committee meeting; and

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BC Resolution _____________
Amendments to the Oneida Nation Law Enforcement Ordinance
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WHEREAS,

the amendments to the Law expand the Oneida Police Commission into the Oneida Public
Safety and Security Commission, which will oversee the Internal Security Department and
any other public safety operation department of the Nation, in addition to the Oneida Police
Department; and

WHEREAS,

the amendments to the Law revise the eligibility qualifications for Oneida Public Safety and
Security Commission members; and

WHEREAS,

the amendments to the Law revise the responsibilities of the Oneida Public Safety and
Security Commission in regard to the Oneida Police Department; and

WHEREAS,

the amendments to the Law provide that the responsibilities of the Oneida Public Safety
and Security Commission in regard to the Internal Security Department or any other safety
operation department of the Nation shall be provided for in the Oneida Public Safety and
Security Commission bylaws; and

WHEREAS,

the amendments to the Law revise the disciplinary proceedings for law enforcement
officers; and

WHEREAS,

the amendments to the Law move all provisions regarding the use of firearms to section
301.11 of the Law, and provide that the Oneida Police Department may allow law
enforcement use of service firearms in order to protect life, liberty, property, land, and
premises, according to the usual and current accepted law enforcement standards; and

WHEREAS,

the amendments to the Law make other minor drafting changes throughout the Law; and

WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law
through collaboration with representatives from the Oneida Police Department, Oneida
Police Commission, Oneida Law Office, Internal Security Department, Oneida Business
Committee, Oneida Gaming Commission, and the General Manager; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact
statement were completed for the proposed amendments to the Law; and

WHEREAS,

the Legislative Operating Committee held a public meeting on the proposed amendments
to the Law on March 14, 2025, with one (1) individual providing oral comments, and the
public comment period for the amendments to this Law was then held open until March 21,
2025, with no submissions of written comments received; and

Adoption of Amendments to the Oneida Nation Law Enforcement Ordinance and Effective Date
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments
to the Oneida Nation Law Enforcement Ordinance, now known as the Law Enforcement law, which shall
become effective on August 20, 2025.
Transition of the Oneida Police Commission to the Oneida Public Safety and Security Commission
BE IT FURTHER RESOLVED, effective on August 20, 2025, the Oneida Police Commission shall hereby
be expanded into and known as the Oneida Public Safety and Security Commission.
BE IT FURTHER RESOLVED, in accordance with section 301.6-1 of the Law, the Oneida Public Safety
and Security Commission provides oversight regarding the activities and actions of public safety and
security operations throughout the Reservation to provide the greatest possible professional services to the
Nation and to allow for community input regarding those public safety and security services through its
representatives on the Oneida Public Safety and Security Commission; and the Oneida Public Safety and

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BC Resolution _____________
Amendments to the Oneida Nation Law Enforcement Ordinance
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Security Commission is an oversight body of the following departments of the Nation, but its oversight
authority does not involve decision making processes on day-to-day activities of those public safety
services:
 Oneida Police Department;
 Internal Security Department; and
 Any other department of the Nation that focuses its operation on public safety as identified in the
bylaws of the Oneida Public Safety and Security Commission.
BE IT FURTHER RESOLVED, the Oneida Law Office shall provide bylaws for the Oneida Public Safety
and Security Commission for consideration of adoption by the Oneida Business Committee by August 20,
2025.
BE IT FURTHER RESOLVED, current members of the Oneida Police Commission may maintain their
appointment to the Commission throughout their term of appointment through the transition from the Oneida
Police Commission to the Oneida Public Safety and Security Commission.
One Year Review
BE IT FINALLY RESOLVED, that the Legislative Operating Committee shall conduct a one (1) year review
of the amended Law Enforcement law.

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

~
ONEIDA

Statement of Effect
Amendments to the Oneida Nation Law Enforcement Ordinance
Summary
This resolution adopts amendments to the Oneida Nation Law Enforcement Ordinance.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: May 7, 2025
Analysis by the Legislative Reference Office
This resolution adopts amendments to the Oneida Nation Law Enforcement Ordinance. The
purpose of the Oneida Nation Law Enforcement Ordinance is to regulate the conduct of the
Nation’s law enforcement personnel according to the highest professional standards. [3 O.C.
301.1-1]. Amendments to the Oneida Nation Law Enforcement Ordinance are being sought to:
 Revise the title of the law from “Oneida Nation Law Enforcement Ordinance” to “Law
Enforcement law;”
 Include a new provision providing the policy of the Nation in regard to this law. [3 O.C.
301.1-2];
 Provide that law enforcement operations can take place outside the Reservation when the
operations occur pursuant to any other jurisdictional exception that may exist for law
enforcement officers. [3 O.C. 301.4-2(c)];
 Remove the Police Sergeant position from the positions in the Oneida Police Department
that are required to be held by enrolled members of the Nation. [3 O.C. 301.5-1(a)];
 Require that upon the removal of a Police Chief, in addition to the retirement or resignation,
the Oneida Public Safety and Security Commission shall appoint an interim Police Chief.
[3 O.C. 301.5-2(b)(4)];
 Clarify that to the extent that Federal Tort Claims Act coverage does not apply, the Nation
shall provide professional liability insurance for all law enforcement officers. [3 O.C.
301.5-4];
 Allow for the sworn oath of a law enforcement officer to take place at a special Oneida
Business Committee meeting, or at an alternative time and location as determined by the
Oneida Business Committee Secretary, in addition to at a regular Oneida Business
Committee meeting. [3 O.C. 301.5-6];
 Expand the Oneida Police Commission into the Oneida Public Safety and Security
Commission, which will oversee the Internal Security Department and any other public
safety operation department of the Nation, in addition to the Oneida Police Department. [3
O.C. 301.6];
 Revise the eligibility qualifications for Oneida Public Safety and Security Commission
members. [3 O.C. 301.6-3];
 Revise the responsibilities of the Oneida Public Safety and Security Commission in regard
to the Oneida Police Department. [3 O.C. 301.6-4];

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Provide that the responsibilities of the Oneida Public Safety and Security Commission in
regard to the Internal Security Department or any other safety operation department of the
Nation shall be provided for in the Oneida Public Safety and Security Commission bylaws.
[3 O.C. 301.6-5)];
Revise the disciplinary proceedings for law enforcement officers. [3 O.C. 301.9];
Move all provisions regarding the use of firearms to section 301.11 of the Law, and provide
that the Oneida Police Department may allow law enforcement use of service firearms in
order to protect life, liberty, property, land, and premises, according to the usual and current
accepted law enforcement standards. [3 O.C. 301.11-1]; and
Make other minor drafting changes throughout the Law.

Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),
which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the
purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Oneida Nation Law Enforcement Ordinance amendments complied with all processes and
procedures required by the LPA, including the development of a legislative analysis, a fiscal
analysis, and the opportunity for public review during a public meeting and public comment
period. [1 O.C. 109.6, 109.7, 109.8].
The Legislative Operating Committee held a public meeting on the proposed amendments to the
Oneida Nation Law Enforcement Ordinance on March 14, 2025. One (1) individual provided oral
comments during the public meeting. The public comment period for the amendments to the
Oneida Nation Law Enforcement Ordinance was then held open until March 21, 2025. No written
comments were received during this public comment period.
The amendments to the Oneida Nation Law Enforcement Ordinance will become effective on
August 20, 2025.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.

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ONEIDA

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ONEIDA NATION LAW ENFORCEMENT
ORDINANCE AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments

Analysis by the Legislative Reference Office
 Include a new provision providing the policy of the Nation in regard to
this law. [3 O.C. 301.1-2];
 Provide that law enforcement operations can take place outside the
Reservation when the operations occur pursuant to any other
jurisdictional exception that may exist for law enforcement officers. [3
O.C. 301.4-2(c)];
 Remove the Police Sergeant position from the positions in the Oneida
Police Department that are required to be held by enrolled members of
the Nation. [3 O.C. 301.5-1(a)];
 Require that upon the removal of a Police Chief, in addition to the
retirement or resignation, the Oneida Public Safety and Security
Commission shall appoint an interim Police Chief. [3 O.C. 301.52(b)(4)];
 Clarify that to the extent that Federal Tort Claims Act coverage does not
apply, the Nation shall provide professional liability insurance for all law
enforcement officers. [3 O.C. 301.5-4];
 Allow for the sworn oath of a law enforcement officer to take place at a
special Oneida Business Committee meeting, or at an alternative time and
location as determined by the Oneida Business Committee Secretary, in
addition to at a regular Oneida Business Committee meeting. [3 O.C.
301.5-6];
 Expand the Oneida Police Commission into the Oneida Public Safety and
Security Commission, which will oversee the Internal Security
Department and any other public safety operation department of the
Nation, in addition to the Oneida Police Department. [3 O.C. 301.6];
 Revise the eligibility qualifications for Oneida Public Safety and Security
Commission members. [3 O.C. 301.6-3];
 Revise the responsibilities of the Oneida Public Safety and Security
Commission in regard to the Oneida Police Department. [3 O.C. 301.64];
 Provide that the responsibilities of the Oneida Public Safety and Security
Commission in regard to the Internal Security Department or any other
safety operation department of the Nation shall be provided for in the
Oneida Public Safety and Security Commission bylaws. [3 O.C. 301.65)];

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Purpose

Affected Entities
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Fiscal Impact

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Revise the disciplinary proceedings for law enforcement officers. [3 O.C.
301.9];
 Move all provisions regarding the use of firearms to section 301.11 of the
Law, and provide that the Oneida Police Department may allow law
enforcement use of service firearms in order to protect life, liberty,
property, land, and premises, according to the usual and current accepted
law enforcement standards. [3 O.C. 301.11-1]; and
 Make other minor drafting changes throughout the Law.
The purpose of this law is to regulate the conduct of the Nation’s law
enforcement personnel according to the highest professional standards. [3
O.C. 301.1-1].
Oneida Police Department, Oneida Police Commission, Internal Security
Department
A public meeting was held on March 14, 2025. One (1) person made oral
comments during the public meeting. The public comment period was then
held open until March 21, 2025. No submissions of written comments were
received during the public comment period.
A fiscal impact statement was provided by the Finance Department on April
30, 2025.

SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Oneida Nation Law Enforcement Ordinance (“the Law”) was originally adopted by
the Oneida Business Committee in 2001 through resolution BC-10-10-01-C. The purpose of the Law
is to regulate the conduct of the Nation’s law enforcement personnel according to the highest
professional standards. [3 O.C. 301.1-1]. It is the policy of the Nation to ensure that the law
enforcement personnel operates at the highest level of professional standards to ensure the safety and
welfare of the community. [3 O.C. 301.1-2].
B. Request for Amendments. The request for amendments to the Law originally came before the
Legislative Operating Committee in 2014 from the Oneida Police Department and the Oneida Law
Office for clarification on whether Conservation wardens qualified as sworn officers. The Legislative
Operating Committee originally added this item to its Active Files List on September 17, 2014. This
legislative matter was then carried on the Active Files List for more than three legislative terms. The
Legislative Operating Committee added the Oneida Nation Law Enforcement Ordinance amendments
to its Active Files List this legislative term on October 4, 2023.

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SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
amendments to the Law and this legislative analysis:
 Oneida Police Department;
 Oneida Police Commission;
 Oneida Business Committee;
 Oneida Law Office;
 Internal Security Department;

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 Oneida Gaming Commission; and the
 General Manager.
B. The following laws were reviewed in the drafting of this analysis:
 Boards, Committees, and Commissions law; and
 Oneida Personnel Policies and Procedures.

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SECTION 4. PROCESS
A. The development of the proposed amendments to the Law complies with the process set forth in the
Legislative Procedures Act (LPA).
 On October 10, 2023, the Legislative Operating Committee added the Oneida Nation Law
Enforcement Ordinance to its Active Files List.
 On September 4, 2024, the Legislative Operating Committee approved the draft of the proposed
amendments to the Law and directed that a legislative analysis be developed.
 On January 15, 2025, the Legislative Operating Committee approved the updated draft and
legislative analysis for the Oneida Nation Law Enforcement Ordinance amendments.
 On February 5, 2025, the Legislative Operating Committee approved the public meeting packet
for the amendments to the Oneida Nation Law Enforcement Ordinance and forwarded this
legislative item to a public meeting to be held on March 14, 2025.
 On March 14, 2025, the public meeting was held. One (1) person provided oral comments during
this public meeting.
 The public comment period was then held open until March 21, 2025. No individuals provided
written comments during this public comment period.
 On April 2, 2025, the Legislative Operating Committee accepted the public comments and the
public comment review memorandum and deferred these items to a work meeting for further
consideration. The Legislative Operating Committee then reviewed and considered those
comments that same day.
 On April 16, 2025, the Legislative Operating Committee accepted the updated public comment
review memorandum, draft, and legislative analysis; and approved the fiscal impact statement
request memorandum and forwarded the materials to the Finance Department directing that a
fiscal impact statement be prepared and submitted to the LOC by April 30, 2025.
 On April 30, 2025, the Legislative Operating Committee received the fiscal impact statement from
the Finance Department.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to the Law this legislative term:
 March 6, 2024: LOC work session with the Oneida Police Department and the Oneida Law Office.
 March 28, 2024: LOC work session.
 April 19, 2024: LOC work session with the Oneida Police Department, Oneida Law Office, Oneida
Police Commission, and the Internal Security Department.
 June 7, 2024: LOC work session with the Oneida Police Department, Oneida Law Office, Oneida
Police Commission, and the Internal Security Department.
 July 26, 2024: LOC work session with the Oneida Police Department and the Oneida Police
Commission.
 September 4, 2024: OBC Officers’ Meeting.
 September 4, 2024: LOC work session.

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October 8, 2024: LOC work session with Oneida Police Department, Oneida Law Office, Oneida
Police Commission, Internal Security Department, Oneida Gaming Commission, and the General
Manager.
October 9, 2024: Phone call with Oneida Law Office.
October 18, 2024: LOC work session.
October 24, 2024: LOC work session.
April 2, 2025: LOC work session.
April 10, 2025: Work session with Oneida Law Office.

SECTION 5. CONTENTS OF THE LEGISLATION
A. Policy. The current Law does not include a policy statement. Amendments to the Law will include the
addition of a policy statement, which will provide that it is the policy of the Nation to ensure that law
enforcement personnel operate at the highest level of professional standards to ensure the safety and
welfare of the community. [3 O.C. 301.1-2].
 Effect. The inclusion of a policy statement complies with the formatting requirements of section
109.11-1(a)(2) of the Legislative Procedures Act which requires that all laws of the Nation contain
a policy section which indicates the direction the law is to take, including impetus or underlying
goal of the regulation.
B. Jurisdictional Exception. Section 301.4-1 of the current Law provides that all law enforcement
operations shall take place on and within the Oneida Reservation unless there is a potential that safety
and welfare of an individual is being compromised, or the enforcement operations take place pursuant
to mutual aid agreements with local governments. The proposed amendments to the Law maintain the
current provision of the Law while also adding a provision which provides that law enforcement
operations can take place outside the Reservation when the operations occur pursuant to any other
jurisdictional exception that may exist for law enforcement officers. [3 O.C. 301.4-2(c)].
 Effect. The proposed amendments to the Law recognize that there may be other jurisdictional
exceptions that exist for law enforcement officers in other laws, and therefore provides greater
flexibility for the Nation’s law enforcement officers when operating outside of the Reservation.
C. Oneida Police Department Restrictions. Section 301.5-3(d) of the current Law provides that the
positions of Police Chief, Assistant Chief, Police Lieutenant or Sergeant, Conservation Director, and
Assistant Conservation Director are required to be held by only members of the Nation. The proposed
amendments to the Law revise the requirement for what job positions in the Oneida Police Department
are required to be held by enrolled members of the Nation, and require that only the Police Chief,
Assistant Chief, and Police Lieutenant be enrolled members of the Nation. [3 O.C. 301.5-1(a)].
 Effect. The proposed amendments to the Law remove the positions of Police Sergeant,
Conservation Director, and Assistant Conservation Director from the requirement to be held by
members of the Nation. The positions of Conservation Director and Assistant Conservation
Director were removed from the Law as they are not positions of the Oneida Police Department.
The position of Police Sergeant was removed because it provides the Oneida Police Department
greater flexibility in filling its vacant positions. Indian preference in hiring still applies to the hiring
of the Police Sergeant position in accordance with the Oneida Personnel Policies and Procedures.
D. Notification of Removal of a Police Chief. Section 301.6-5(d) of the current Law provides that upon
accepting retirement notification or the resignation of a current Police Chief, the Oneida Police
Commission shall appoint an interim or acting Police Chief who shall serve in said capacity until the

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process for appointment of a new chief can be completed. The proposed amendments to the Law also
recognize that upon the removal of a Police Chief, the Oneida Police Commission shall appoint an
interim Police Chief. [3 O.C. 301.5-2(b)(4)].
 Effect. The Law was amended to include the removal of a Police Chief as a circumstance in which
the Oneida Police Commission shall appoint an interim Police Chief to be more inclusive of all
circumstances that may arise in which an interim Police Chief would need to be appointed.
E. Liability Coverage. Section 301.5-4 of the current Law provides that the Nation shall provide
professional liability insurance for all law enforcement officers and Conservation Officers. The
proposed amendments to the Law clarify that to the extent that Federal Tort Claims Act coverage does
not apply, the Nation shall provide professional liability insurance for all law enforcement officers. [3
O.C. 301.5-4].
 Effect. The Law was amended to recognize that the Federal Tort Claims Act does provide some
liability coverage for law enforcement officers, and therefore a reference to that policy was
included.
F. Law Enforcement Officers to be Sworn. Section 301.5-6 of the current Law provides that all law
enforcement officers shall be installed by sworn oath before the Oneida Business Committee at a
regular meeting. The proposed amendments to the Law provide that all law enforcement officers be
installed by sown oath before the Oneida Business Committee during a regular or special Oneida
Business Committee meeting, or at an alternative time and location as determined by the Oneida
Business Committee Secretary. [3 O.C. 301.5-6]. The proposed amendments then clarify that when
taking an oath, the law enforcement officer shall appear in person to take their oath, except if granted
permission by the Oneida Business Committee Secretary to appear through video conferencing, or
through other telecommunications. [3 O.C. 301.5-6(a)]. If an oath is administered outside of an Oneida
Business Committee meeting, a quorum of Oneida Business Committee members are required to be
present to witness the oath. [3 O.C. 301.5-6(b)].
 Effect. The proposed amendments provide greater flexibility for when a law enforcement officer
may take their sworn oath.
G. Oneida Public Safety and Security Commission. Section 301.4-7 of the current Law establishes the
Oneida Police Commission to provide oversight regarding the activities and actions of the law
enforcement operations to provide the greatest possible professional services to the Oneida community
and to allow for community input regarding those law enforcement services through its representatives
on the Police Commission. Section 301.6 of the current Law then goes on to provide for the
qualifications, appointment term, responsibilities, and removal of the Oneida Police Commission. The
proposed amendments to the Law expand the Oneida Police Commission into the Oneida Public Safety
and Security Commission. [3 O.C. 301.6]. The purpose of the Oneida Public Safety and Security
Commission is much the same as the Oneida Police Commission, except that it is now expanded to
have oversight authority over the Internal Security Department and other department of the Nation that
focuses its operation on public safety, in addition to the Oneida Police Department. [3 O.C. 301.6-1].
The terms of appointment for commissioners on the Oneida Public Safety and Security Commission
remains the same as it was for the Oneida Police Commission. [3 O.C. 301.6-2].
 Effect. The proposed amendments to the Law expand the Oneida Police Commission into the
Oneida Public Safety and Security Commission in recognition that are more departments currently
than just the Oneida Police Department that focus on the safety and security of the Nation, and this
could be expanded even more in the future, and therefore the same oversight that the Oneida Police

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Commission provides the Oneida Police Department should be provided for all safety and security
departments of the Nation.
H. Eligibility Qualifications. Section 301.6-3 of the current Law provides the eligibility requirements for
serving on the Oneida Police Commission, which include: be a member of the Nation, be twenty-five
(25) years of age or older; have a satisfactory background investigation; submit to drug testing prior to
appointment and on an annual basis; not be an employee of the Oneida Police Department; attend
applicable training; and be a person of known good standing in the community. The eligibility
qualifications for the Oneida Public Safety and Security Commission remain much the same as the
Oneida Police Commission except that the following eligibility requirements were removed from the
Law: that an individual submit to drug testing prior to appointment and on an annual basis; the
individual attend applicable training; and be a person of known good standing in the community. [3
O.C. 301.6-3]. The proposed amendments to the Law also clarify that in addition to not being an
employee of the Oneida Police Department, the individual cannot be an employee or terminated from
the Oneida Police Department, Internal Security Department, or any other public safety operation
overseen by the Oneida Public Safety and Security Commission. [3 O.C. 301.6-3(d)].
 Effect. The eligibility requirement that an individual submit to drug testing prior to appointment
and on an annual basis was removed from the Law due to the fact that other boards, committees,
and commissions of the Nation do not include a similar requirement, and it was unknown why it
was necessary to include that requirement for the Oneida Police Commission when the Commission
members already have to pass a background investigation. The eligibility requirement that the
individual attend applicable training was removed because this was determined that it was not so
much of an eligibility requirement, but mores so a training requirement. The eligibility requirement
that a person be of known good standing in the community was removed because the notion of
“good standing” was too subjective and left a lot open to interpretation and would not be necessarily
needed because a person already has to pass a background investigation. And finally, the eligibility
requirement that an individual cannot be an employee or terminated from the Oneida Police
Department, Internal Security Department, or any other public safety operation overseen by the
Oneida Public Safety and Security Commission was included in recognition that the Oneida Public
Safety and Security Commission oversees multiple areas, and therefore employment in any of those
areas is forbidden to avoid any potential or actual conflicts of interest.
I. Responsibilities of the Commission in regard to the Oneida Police Department. Section 301.6-1 of
the current Law provides for the responsibilities of the Oneida Police Commission in regard to the
Oneida Police Department. In the proposed amendments to the Law, the responsibilities of the Oneida
Public Safety and Security Commission have been provided for in section 301.-4. Many of the
responsibilities the Oneida Police Commission had over the Oneida Police Department remain the same
through the transition to the Oneida Public Safety and Security Commission, including the following
the responsibilities to: appoint, suspend, or remove the Police Chief of the Oneida Police Department;
approve all law enforcement officer appointments made by the Police Chief including the promotion
of subordinates; approve an eligibility list of individuals determined to be eligible for appointment as a
law enforcement officer or promotion; hear charges filed against law enforcement officers or other
appointed personnel of the Police Department, whether filed by the Oneida Public Safety and Security
Commission or the Police Chief, make findings and determinations, and impose penalties, up to and
including termination; Hear appeals of disciplinary actions against any law enforcement personnel –
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authority over disciplinary actions of non-sworn personnel; and adopt standard operating procedures
governing the Oneida Public Safety and Security Commission’s management of its own activities. [3
O.C. 301.6-4]. The following responsibilities over the Oneida Police Department were removed from
the Law with the proposed amendments: adopt, modify, and repeal rules governing how lists of
individuals, concluded to be eligible for appointment to law enforcement officer and promotion, are
established; approve competitive examinations used to judge suitability for appointment or promotion
of law enforcement officers; suspend law enforcement officers or other appointed personnel of the
Police Department pending the filing and hearing of charges against them, subject to the provisions of
301.10; initiate charges against law enforcement officers or other appointed personnel of the Police
Department.
 Effect. The responsibilities of the Oneida Public Safety and Security Commission over the Oneida
Police Department were amended to reflect the current practices of the Oneida Police Commission
over the Oneida Police Department.
J. Responsibilities of the Commission in regard to Internal Security and other Departments. The
proposed amendments to the Law provide that the responsibilities of the Oneida Public Safety and
Security Commission in regard to the Internal Security Department or any other safety operation
department of the Nation shall be provided for in the Oneida Public Safety and Security Commission
bylaws. [3 O.C. 301.6-5].
 Effect. The amendments to the Law provide that the responsibilities of the Oneida Public Safety
and Security Commission in regard to the Internal Security Department or any other safety
operation department of the Nation shall be provided for in the Oneida Public Safety and Security
Commission bylaws, since it would not be appropriate for those responsibilities to be included in
this Law because this Law governs law enforcement, and the Internal Security Department and any
other safety operation of the Nation are not law enforcement.
K. Disciplinary Proceedings for Law Enforcement Officers. Section 301.9 of the current Law provides
for the disciplinary proceedings for law enforcement officers. This section of the Law was entirely
rewritten with the proposed amendments to the Law to simplify and clarify the disciplinary process.
The proposed amendments to the law provide for the just cause standard, discipline of law enforcement
officers by the Chief of Police, discipline of the Chief of Police, the right to request a hearing, filing of
charges, procedure for responding to charges, scheduling conference, evidentiary hearing, deliberations
and findings, and orders from the hearing. [3 O.C. 301.9].
 Effect. The proposed amendments to the Law simplify and clarify the disciplinary process.
L. Firearms Control. Section 301.4-6 of the current Law provides that the Oneida Police Department
may allow law enforcement use of service firearms in order to protect life, liberty, property, land, and
premises, according to the usual and minimum accepted law enforcement standards as determined by
the Police Chief with approval of the Oneida Police Commission. The current Law then goes on to
clarify that the actual use of deadly force shall be allowed solely for the protection of life or the
prevention of grievous bodily harm. Section 301.11-1 of the current Law provides that the Nation
hereby establishes regulations for the carrying of firearms issued to certified law enforcement officers
employed by the Nation, and then goes onto clarify that the needs and requirements for carrying
firearms shall be established and determined by the Police Chief subject to the review of the Oneida
Police Commission, and said requirements shall reflect the needs of the Nation in order to protect all
persons and property. The proposed amendments to the Law move all provisions regarding the use of
firearms to section 301.11 of the Law. The proposed amendments to the Law provide that the Oneida

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Police Department may allow law enforcement use of service firearms in order to protect life, liberty,
property, land, and premises, according to the usual and current accepted law enforcement standards.
[3 O.C. 301.11-1]. Section 301.11-2 of the proposed amendments to the Law remain the same except
for minor non-substantive updates.
 Effect. Overall, the proposed amendments to the Law referencing the usual and current accepted
law enforcement standards instead of including language within the Law itself ensures that the law
enforcement practices of the Nation stay up to date without having to amend the Law. ‘
M. Other Amendments. Overall, a variety of other amendments and revisions were made to the Law to
address formatting, drafting style, and organization that did not affect the substance of the Law.

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SECTION 6. EXISTING LEGISLATION

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SECTION 7. OTHER CONSIDERATIONS

A. Other Related Laws of the Nation. The following laws of the Nation are related to the proposed
amendments to this Law.
 Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and
Procedures is to provide for the Nation’s employee related policies and procedures including
recruitment, selection, compensation and benefits, employee relations, safety and health, program
and enterprise rules and regulations, and record keeping.
 Section III of the Oneida Personnel Policies and Procedures provides for the Oneida preference
and Indian preference in hiring statement of the Nation. Section 301.5-1(a) provides that all
positions and appointments of the Oneida Police Department shall be subject to Indian
preference in hiring, except that the following positions shall be held only by members of the
Nation: Police Chief; Assistant Chief; and Police Lieutenant.
 This Law clarifies that disciplinary actions for law enforcement officers is governed by section
301.9 pf this Law, while disciplinary actions of non-sworn personnel of the Oneida Police
Department shall be governed by the Nation’s laws, policies, and rules governing employment.
 Boards, Committees, and Commissions Law. The Boards, Committees, and Commissions law
governs boards, committees, and commissions of the Nation, including the procedures regarding
the appointment and election of persons to boards, committees and commissions, creation of
bylaws, maintenance of official records, compensation, and other items related to boards,
committees, and commissions [1 O.C. 105.1-1].
 Section 301.6 of this Law establishes the Oneida Public Safety and Security Commission.
 The Oneida Public Safety and Security Commission is required to comply with all
provisions of the Boards, Committees, and Commissions law.

A. Bylaws of the Oneida Public Safety and Security Commission. With the expansion of the Oneida
Police Commission into the Oneida Public Safety and Security Commission provided through the
proposed amendments to this Law, the bylaws of the Commission will need to be updated. Specifically,
section 301.6-5 of the Law states that the responsibilities of the Oneida Public Safety and Security
Commission in regard to the Internal Security Department or any other safety operation department of
the Nation shall be provided for in the Oneida Public Safety and Security Commission bylaws. The
Boards, Committees, and Commissions law provides the requirements that must be followed for bylaws
of a board, committee, or commission. [1 O.C. 105.10]. In May of 2024, the Legislative Operating
Committee collaborated with the Oneida Law Office and the Government Administrative Office to

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discuss how to improve the process for amending bylaws for boards, committees, and commissions of
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the Nation. The Legislative Operating Committee no longer processes amendments to bylaws for
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boards, committees, and commissions of the Nation, as it was determined that the Government
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Administrative Office and the board, committee, or commission’s assigned attorney from the Oneida
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Law Office will instead assist in developing amendments to bylaws. This change in process will allow
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bylaw amendments to be directly placed on an Oneida Business Committee meeting agenda for
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approval which streamlines the process.
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 Conclusion. In an effort to eliminate any gaps between the adoption of amendments to this Law,
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and updated bylaws being adopted for the new Oneida Public Safety and Security Commission, the
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adopting resolution for the amendments to the Law provides:
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“NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the
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amendments to the Oneida Nation Law Enforcement Ordinance, now known as the Law
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Enforcement law, which shall become effective on August 20, 2025.
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BE IT FURTHER RESOLVED, effective on August 20, 2025, the Oneida Police Commission shall
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hereby be expanded into and known as the Oneida Public Safety and Security Commission
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BE IT FURTHER RESOLVED, the Oneida Law Office shall provide bylaws for the Oneida Public
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Safety and Security Commission for consideration of adoption by the Oneida Business Committee
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by August 20, 2025.”
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B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC310
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
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Act,” provides further clarification on who the Legislative Operating Committee may direct complete
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a fiscal impact statement at various stages of the legislative process, as well as timeframes for
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completing the fiscal impact statement.
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 Conclusion. The Legislative Operating Committee received a fiscal impact statement from the
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Finance Department on April 30, 2025.
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Title 3. Health and Public Safety – Chapter 301
ONEIDA NATION LAW ENFORCEMENT ORDINANCE
Shakotiye=n@s Olihw@ke

The Matters of Those Who Protect Us
LAW ENFORCEMENT


301.1-1 Purpose and Policy
301.2-1 Adoption, Amendment, Repeal
301.3-1 Definitions
301.4-1 General Principles
301.5-1 Oneida Police Department
301.6-1 Oneida PolicePublic Safety and Security Commission

301.7-1
301.8-1
301.9-1
301.10-1
301.11-1

Appointment of Law Enforcement Officers
Promotion of Law Enforcement Officers
Disciplinary Proceedings
Administrative Leave
Firearms Control





301.1.
Purpose and Policy
301.1-1. Purpose.
The purpose of this ordinancelaw is to regulate the conduct of the Oneida
Tribe of Indians of WisconsinNation’s law enforcement personnel according to the highest
professional standards.
301.1-2. Policy. It is the policy of the Nation to ensure that law enforcement personnel operate at
the highest level of professional standards to ensure the safety and welfare of the community.
301.2.
Adoption, Amendment, Repeal
301.2-1.
This law iswas adopted by the Oneida Business Committee by resolution BC
Resolution -10-10-01-C and amended by resolution BC-02-25-15-C. and BC-__-__-__-__.
301.2-2.
This law may be amended pursuant to the procedures set out in the Oneida
Administrative Procedures Actor repealed by the Oneida Business Committee or the Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
301.2-3.
Should a provision of this law or the application there of 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.
301.2-4. All other Oneida laws, policies, regulations, rules, resolutions, motions and all other
similar actions which are inconsistent with this policy are hereby repealed unless specifically reenacted after adoption of this policy.
301.2-4. 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.
301.2-5.
This ordinance shall be known aslaw is adopted under authority of the Constitution of
the Oneida Law Enforcement OrdinanceNation.
301.3.
Definitions
301.3-1.
This section shall govern the definitions of words asand phrases as used herein.within
this law. All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Certified Law Enforcement Officer shall meanlaw enforcement officer” means a
sworn officer who meets all qualifications for law enforcement officer, including accepted
professional training and experience, State of Wisconsin Certification or eligibility for
Certification which includes but is not limited to, satisfactory background investigation,
psychological evaluation, drug testing, and police firearms certification.
(b) Police Supervisors are defined as “Commissioner” shall mean a member of the Oneida
Public Safety and Security Commission.

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(c) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17.
(d) “Nation” means the Oneida Nation.
(e) “Non-sworn personnel” means an individual employed with the Oneida Police
Department that does not meet the qualifications for a certified law enforcement officers
who hold the rank of Sergeant or aboveofficer.
(c) Non-sworn Personnel shall mean those persons who perform duties for the f)
“Oneida Police Department as directed by the Police Chief or designee.
(d) Oneida PolicePublic Safety and Security Commission shall refer to” means the entity
made up of those individuals appointed by the Oneida Business Committee to serve in the
capacity of insuring that community input is maintainedprovide oversight regarding the
activities and actions of public safety and security operations throughout the Reservation.
(g) “Police supervisor” means a law enforcement officer who holds the rank of Sergeant
or above.
(h) “Reservation” means all land within the Oneida Police Department by means of policy
review and enforcementexterior boundaries of the Reservation of the Oneida Nation, as
created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any lands added
thereto pursuant to federal law.
(e) Commissioner shall mean a member of the Oneida Police Commission.
(f) Oneida Tribe means the Oneida Tribe of Indians of Wisconsin.
(g) Judiciary means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Tribe.
301.4.
General Principles.
301.4-1.
All law enforcement operations of the Nation shall be conducted in accordance with
this law.
301.4-2. Law enforcement operations shall take place on and within Oneidathe Reservation,
unless:
(a) there is a potential that the safety and welfare of an individual is being compromised.
In addition,;
(b) the law enforcement operations may take placeoccur pursuant to mutual aid agreements
with local governments.; or
(c) the301.4-2.
All law enforcement operations shall be conducted as set forth in
this ordinanceoccur pursuant to any other jurisdictional exception.
301.4-3.
Law enforcement operations shall be used primarily for the purposes of providing law
enforcement within the Oneida CommunityNation and to supplementprovide mutual assistance or
aid to external law enforcement services offered by local governments within the Oneida
Communitycommunity by powers set forth in section 301.4, of this law, Article IV section 1(f) of
the Constitution and By-Laws of the Oneida Tribe of Indians of WisconsinNation, and as set forth
in compacts and agreements authorized by the Oneida Business Committee or General Tribal
Council.
301.4-4. The Oneida Tribe of Indians of Wisconsin The Nation shall appoint and employ law
enforcement personnel within its boundaries as it deems necessary for the purpose of detecting

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and preventing crime and enforcing the laws and ordinances of the Oneida TribeNation, in addition
to protection of persons, property, and premises.
301.4-5.
The Oneida Police Department may, as authorized and delegated by this
Ordinancelaw and the Oneida Business Committee or General Tribal Council, enter into crossdeputization and other law enforcement agreements with other jurisdictions.
301.4-6. The Oneida Police Department may allow law enforcement use of service firearms in
order to protect life, liberty, property, land and premises, according to the usual and minimum
accepted law enforcement standards as determined by the Police Chief with approval of the Oneida
Police Commission. However, actual use of deadly force shall be allowed solely for the protection
of life or the prevention of grievous bodily harm.
301.4-7. A Police Commission is established by this Ordinance to provide oversight regarding
the activities and actions of the law enforcement operations to provide the greatest possible
professional services to the Oneida community and to allow for community input regarding those
law enforcement services through its representatives on the Police Commission. This entity is
created as an oversight body and does not involve decision making processes on day to day
activities of those law enforcement services.
301.5.
Oneida Police Department
301.5-1.
There is hereby established an Oneida Police Department, to which is delegated all
law enforcement authority of the Oneida TribeNation. The Oneida Police Department may create
divisions of operation as may be deemed appropriate.
(a) Oneida Police Department Position Restrictions. All positions and appointments of
the Oneida Police Department shall be subject to Indian preference in hiring, except that
the following positions shall be held only by members of the Nation:
(1) Police Chief. The ;
(2) Assistant Police Chief; and
(3) Police Lieutenant.
301.5-2. Oneida Police Chief. The Oneida Police Department shall be headed by a Police Chief,
appointed pursuant to Section 6-5 of this Ordinancelaw.
(ba) The Police Chief shall have authority over departmental personnel and operations,
subject to the powers of the Oneida Police Commission set forth in Section 301.6-1 of this
Ordinance.
(c) In addition to such divisions as are specified in this Ordinance the Oneida Police
Department may create divisions of operation as may be deemed appropriate.
(d) The Police Chief or his/her designee shall have the right to exercise his/her police
authority to deputize and use the services and manpower of the Oneida Public Safety and
Security Department for emergencies, special events, and investigationsCommission.
301.5-2.
Conservation Department. There(b) Qualifications and Process for
Appointment as Police Chief.
(1) The recruitment and hiring process for Police Chief shall be a Conservation
Department which is a division of conducted by the Oneida Police Department.
This divisionPublic Safety and Security Commission, with assistance, as needed,
by the Human Resources Department.
(2) No person shall be responsible for the protectionaccepted as a candidate or be
eligible to serve as Police Chief who does not meet the following qualifications:
(A) Current certification in the State of Wisconsin as a law enforcement

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officer or upon approval from the applicable State of all fish resources,
wildlife resources, and the landsWisconsin Standards Board;
(B) Member of the Nation;
(C) A minimum of five (5) years creditable service as a sworn law
enforcement officer for a state. tribal, local, or federal government, with
preference for:
(i) those who have at least an associate degree in police science,
criminal justice or similar field, or a bachelor’s degree in a related
subject; and
(ii) those with successful supervisory experience;
(D) Current satisfactory background investigation completed by a law
enforcement agency selected by the Oneida TribePublic Safety and Security
Commission with results of the investigation reported directly to the Oneida
Public Safety and Security Commission;
(E) Current satisfactory psychological examination report;
(F) Current satisfactory medical examination report;
(G) Current drug test with negative results for controlled substances; and
(H) Any other minimum requirement as provided for in the job description.
(3) Examinations, interviews, further selection criteria and other processes utilized
in the hiring process of a Police Chief shall be at the discretion of the Oneida Public
Safety and Security Commission,
(4) Upon accepting notification of retirement, resignation, or the removal of a
current Police Chief, the Oneida Public Safety and Security Commission shall
appoint an interim or acting Police Chief who shall serve in said capacity until the
process for appointment of a new Police Chief can be completed.
301.5-3.
Law Enforcement Officers.
(a) Law Enforcement Officer: Educational Requirements. All persons hired after February
1, 1993, shall meet the following minimum education requirements within five (5) years
of thetheir hire date, which are as follows:
(1) Possess a two (2) year associate degree from a Wisconsin an accredited
vocational, technical, andor adult education district or its accredited equivalent
from another state,; or
(2) Possess documentation in the form of an official transcript showing a minimum
of sixty (60) fully accredited college level credits. Documentation will be required
in the form of an official transcript; or
(3) Possess a bachelors degree from a Wisconsinaccredited college or university
or its accredited equivalent.
(b) Conditional Employment. Persons hired after February 1, 1993,Any person who areis
not a certified law enforcement officersofficer at the time of hire, areis considered a
conditional employeesemployee and mustshall attain the educational requirements as
specified in section 301.5-3(a), within five (5) years of their date of hire.
(1) Conditional employees are not eligible for promotion.
(2) Law enforcement officers who fail to meetattain the specifiededucational
requirements in section B,within five (5) years of their date of hire shall be subject
to immediate termination.
(c) Educational Requirement: for Police Supervisors. Upon enactment of this

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ordinancelaw, no law enforcement officer may be considered eligible for promotion to
supervisor until the educational requirements of section 301.5-3(a) have been satisfied.
Law enforcement officers promoted prior to the enactment of this ordinancelaw are exempt
from the educational requirements specified in section 301.5-3(a).
(d) Oneida Police Department Position Restrictions/Exceptions. The following positions
shall be held only by members of the Oneida Tribe: Police Chief, Assistant Chief, Police
Lieutenant or Sergeant, Conservation Director, and Assistant Conservation Director. All
other positions and appointments shall be subject to the Indian Preference rules of the
Oneida Tribe.
301.5-4.
Liability Coverage. The Oneida TribeTo the extent the Federal Tort Claims Act
coverage does not apply, the Nation shall provide professional liability insurance for all law
enforcement officers and Conservation Officers.
301.5-5. Declaration of Additional Restrictions of Employees. All personnel of the Oneida
Police Department shall be bound by Standard Operating Proceduresstandard operating procedures
that are required as a result of the specific and unique needs of law enforcement.
301.5-6. Law Enforcement Officers to Be Sworn. All law enforcement officers shall be installed
by sworn oath before the Oneida Business Committee at a regular meetingduring a regular or
special Oneida Business Committee meeting, or at an alternative time and location as determined
by the Oneida Business Committee Secretary.
(a) When taking an oath, the law enforcement officer shall appear in person to take their
oath, except if granted permission by the Oneida Business Committee Secretary to appear
through video conferencing, or through other telecommunications.
(b) If an oath is administered outside of an Oneida Business Committee meeting, a quorum
of Oneida Business Committee members shall be present to witness the oath.
301.6.
Oneida PolicePublic Safety and Security Commission
301.6-1. Oneida Police Commission. Establishment. There is hereby established an Oneida
Police Public Safety and Security Commission to provide oversight regarding the activities and
actions of public safety and security operations throughout the Reservation to provide the greatest
possible professional services to the Nation and to allow for community input regarding those
public safety and security services through its representatives on the Oneida Public Safety and
Security Commission. The Oneida Public Safety and Security Commission is an oversight body
of the following departments of the Nation, but its oversight authority does not involve decision
making processes on day-to-day activities of those public safety services:
(a) Oneida Police Department;
(b) Internal Security Department; and
(c) Any other department of the Nation that focuses its operation on public safety as
identified in the bylaws of the Oneida Public Safety and Security Commission.
301.6-2. Appointment of Commissioners. The Oneida Business Committee shall appoint five
(5) members to the Oneida Public Safety and Security Commission for a term of five (5) years.
Commissioners may serve more than one (1) term, but not more than three (3) consecutive terms.
301.6-3. Commissioner Eligibility Qualifications. In order to be eligible for membership on the
Oneida Public Safety and Security Commission an individual shall:
(a) Be a member of the Nation;
(b) Be twenty-five (25) years of age or older;
(c) Have a background investigation result in none of the following:

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(1) A felony conviction in the State of Wisconsin, or any conviction of a crime in
another state that would be considered a felony conviction if the offense and
adjudication occurred in the State of Wisconsin;
(2) A felony arrest which results in a misdemeanor conviction due to a plea
arrangement;
(3) A conviction of any law violation that could bring discredit to the Oneida Public
Safety and Security Commission; or
(4) Any pardon issued by the Nation or the governor of any State, for an offense
specified in sections 301.6-4(c)(1)-(3), shall not deem a person as “exonerated” for
the purposes of membership on the Oneida Public Safety and Security Commission;
(d) Not be employed with or terminated from the Oneida Police Department, Internal
Security Department, or any other public safety operation overseen by the Oneida Public
Safety and Security Commission;
301.6-4. Responsibilities in Regard to the Oneida Police Department. The Oneida Public Safety
and Security Commission shall be responsible for and empowered to do the following in regard to
the Oneida Police Department:
(a) Appoint, suspend, or remove the Police Chief of the Oneida Police Department.
(b) Approve all law enforcement officer appointments made by the Police Chief including
the promotion of subordinates.
(c) Adopt, modify, and repeal rules governing how lists of individuals, concluded to be
eligible for appointment to law enforcement officer and promotion, are established.
(d) Approve competitive examinations used to judge suitability for appointment or
promotion of law enforcement officers.
(e(c) Approve an eligibility list of individuals determined to be eligible for appointment
as a law enforcement officer or promotion.
(f) Suspend law enforcement officers or other appointed personnel of the Police
Department pending the filing and hearing of charges against them, subject to the
provisions of 301.10.
(g) Initiate charges against law enforcement officers or other appointed personnel of the
Police Department.
(hd) Hear charges filed against law enforcement officers or other appointed personnel
of the Police Department, whether filed by the Oneida Public Safety and Security
Commission or the Police Chief, make findings and determinations, and impose penalties,
up to and including termination.
(ie) Hear appeals of disciplinary actions against any sworn law enforcement personnel or
officers.
(1) The Oneida Public Safety and Security Commission shall not have authority
over disciplinary actions of non-sworn personnel.
(jf) Adopt rulesstandard operating procedures governing the Oneida PolicePublic Safety
and Security Commission’s management of its own activities.
301.6-5. Responsibilities in Regard to the Internal Security and Other Departments. The
responsibilities of the Oneida Public Safety and Security Commission in regard to the Internal
Security Department or any other safety operation department of the Nation shall be provided for
in the Oneida Public Safety and Security Commission bylaws.
(a) The Oneida Public Safety and Security Commission, or its designee, shall be
responsible for the hiring and supervision of the Internal Security Director, in conformance

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with the Nation’s employment laws, policies, and practices.
301.6-6. Removal From Office. (k) Review contracts, and forward to the Oneida
Business Committee for approval, concerning cross-deputization, dispatch function and
mutual aid pacts which are made between the Oneida Police Department and a non-tribal
agency.
(l) Approve Standard Operating Procedures of the Oneida Police Department.
A member of the Oneida Public Safety and Security Commission may have their appointment
terminated by the Oneida Business Committee for:
(a)
Misconduct301.6-2.
Appointment of Commissioners. The Oneida Business
Committee shall appoint five members to the Oneida Police Commission for a term of five years.
Commissioners may serve more than one term, but not more than three consecutive terms.
301.6-3. Commissioner Requirements and Qualifications. The following are membership
requirements for serving on the Oneida Police Commission:
(a) Shall be a member of the Oneida Tribe.
(b) Must be 25 years of age or older.
(c) Satisfactory background investigation. The following would prohibit any person from
serving on the Oneida Police Commission:
(1) A felony conviction in the State of Wisconsin, or any conviction of a crime in
another state that would be considered a felony conviction if the offense and
adjudication occurred in the State of Wisconsin.
(2) A felony arrest which results in a misdemeanor conviction due to a plea
arrangement.
(3) A conviction of any ordinance violation that could bring discredit to the
Commission.
(4) Any pardon issued by the Oneida Tribe or the governor of any State, for an
offense specified in sections 301.6-3(c)(1)-(3), shall not deem a person as
“exonerated” for the purposes of membership on the Oneida Police Commission.
(d) Must submit to drug testing prior to appointment and on an annual basis.
(e) Must not be an employee of the Oneida Police Department
(f) Shall attend applicable training.
(g)
Must be a person of known good standing in the community.
301.6-4. Removal From Office. In addition to the Removal Law standards, a Commissioner may
be removed for:
(a) Malfeasance in office.;
(b) Conduct which could jeopardize the reputation of the Oneida TribeNation, the Oneida
PolicePublic Safety and Security Commission, or the law enforcementpublic safety
system.;
(c) Any change in status which would place the Commissioner in conflict with the
qualifications specified in section 301.6-3(c) above.; or
(d) Violation of the confidentially of closed hearings or any other information declared
“confidential” by the Oneida Police Commission.
301.6-5.
QualificationsPublic Safety and Security Commission.
301.Process for7. Appointment as Police Chief.
(a) The recruitment and hiring process for Police Chief shall be conducted by the Oneida
Police Commission, with assistance, as needed, by the Human Resources Department.

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(b) No person shall be accepted as a candidate or be eligible to serve as Police Chief who
does not meet the following qualifications:
(1) Current certification in the State of Wisconsin as a law enforcement officer or
upon approval from State of Wisconsin Standards Board.
(2) Member of the Oneida Tribe.
(3) A minimum of five (5) years creditable service as a sworn law enforcement
officer for a state. tribal, local or federal government, with preference for (i) those
who have at least an associate degree in police science, criminal justice or similar
field, or a bachelor’s degree in a related subject; and (ii) those with successful
supervisory experience.
(4) Current satisfactory background investigation completed by the Security
Department or a law enforcement agency selected by the Oneida Police
Commission with results of the investigation reported directly to the Oneida Police
Commission.
(5) Current satisfactory psychological examination report.
(6) Current satisfactory medical examination report.
(7) Current drug test with negative results for controlled substances.
(c) Examinations, interviews, further selection criteria and other processes utilized in the
hiring process of a Police Chief shall be at the discretion of the Oneida Police Commission,
(d) Upon accepting retirement notification or the resignation of a current Police Chief, the
Oneida Police Commission shall appoint an interim or acting Police Chief who shall serve
in said capacity until the process for appointment of a new chief can be completed.
301.7.
Appointment of Law Enforcement Officers
301.7-1.
Job Task Analysis. The Police Chief shall develop a Job Task Analysisjob task
analysis (job description) for law enforcement officers and submit the job task analysis to the
Oneida PolicePublic Safety and Security Commission for approval.
301.7-2.
Hiring Criteria. Hiring criteria for law enforcement officers, shall be developed by
the Oneida PolicePublic Safety and Security Commission and implemented by the Police Chief;
and must . The hiring criteria shall include, but is not be limited to, the following:
(a) educational requirements,;
(b) satisfactory background investigation,;
(c) psychological examination,; and
(d) medical certification.
301.7-3.
Hiring Process Outline. A Hiring Process OutlineA hiring process outline shall be
developed by the Oneida PolicePublic Safety and Security Commission and implemented by the
Police Chief. The Hiring Process Outline willhiring process outline shall detail specific steps
involved in the hiring process for law enforcement officers, and steps in the process involving
scoring, rank scoring, or grading shall be specified, as well as passing grades or scores. The Hiring
Process Outlinehiring process outline shall include all pertinent steps involved in the hiring process
including, but not limited to, the following:
(a) application process,;
(b) application screening,;
(c) written test procedures,;
(d) oral interviews,;
(e) physical agility testing,;

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(f) background investigation,;
(g) conditional offer of employment,; and
(h) psychological and medical testing.
301.7-4.
Approval of Additional Law Enforcement Personnel.
(a) The Police Chief shall make a request for the hiring of additional law enforcement
personnel through the Human Resources Department processes.
(b) Upon receiving approval, the Police Chief shall make a formal request to the Human
Resources Department for posting the position(s) available. The current Job Task
Analysis, Hiring Criteria.job task analysis, hiring criteria. and Hiring Process Outlinehiring
process outline shall be submitted to the Human Resources Department by the Police Chief.
301.7-5.
Process. All phases of the hiring process shall be conducted in accordance with the
Hiring Process Outlinehiring process outline. Duties and responsibilities of persons involved in
the process shall be specified in the outline.
301.7-6.
Eligibility List.
(a) Upon completion of all screening steps of the Hiring Process Outlinehiring process
outline, a list shall be compiled of all candidates based on cumulative scores earned by
each applicant in all graded or scored steps of the current hiring process.
(b) Candidates shall be ranked in inverse numerical order, that is the candidate with the
highest cumulative score is ranked “1”, the candidate with the second highest cumulative
score is ranked “2”, etc.
(c) The list shall be reviewed and approved by the Oneida PolicePublic Safety and
Security Commission and submitted to the Police Chief.
(d) The eligibility list will be valid for one (1) year from the date it was compiled.
(e) The order of appointment of applicants to the position of law enforcement officers
shall follow the order of the eligibility list contingent upon satisfactory background
investigation, psychological testing, and medical testing.
301.7-7.
Commencement of Background Investigation.
(a) Upon receiving the approved eligibility list, the Police Chief shall direct a subordinate
to commence a background investigation upon candidates based on their numerical ranking
on the eligibility list, starting with the top candidate.
(b) Results of the background investigation shall be forwarded to the Police Chief and the
Oneida PolicePublic Safety and Security Commission.
(c) A candidate may be deemed as having an unsatisfactory background investigation
report by either the Police Chief or the Oneida Police Public Safety and Security
Commission, such. Such determinations toby the Police Chief of the Oneida Public Safety
and Security Commission shall be made in writing.
301.7-8.
Conditional Offer of Employment. Provided a candidate has satisfactory results in a
background investigation, an offer of employment shall be sent to the candidate. The offer shall
specify the candidate’s appointment to the position of law enforcement officer contingent upon
satisfactory psychological and medical testing.
301.7-9.
Appointment. Provided a candidate has passed psychological and medical testing, a
formal offer of employment shall be extended to the candidate by the Police Chief. In the event
the candidate lacks the minimum educational requirements as specified in Section 301.5-3(a), the
contingency of employment shall be specified in the offer.
301.8.

Promotion of Law Enforcement Officers

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301.8-1.
Criteria for Promotion. The Oneida PolicePublic Safety and Security Commission
and the Police Chief shall establish specific criteria for the promotion of law enforcement officers.
The criteria shall be placed on the -notice or position posting for the promotion.
301.8-2.
Process. The process for promotion shall be developed by the Police Chief and
approved by the Oneida PolicePublic Safety and Security Commission. The specifics of the
process shall be placed on the notice or position posting for said promotion.
301.8-3.
Psychological Testing Required. All candidates for promotion shall undergo
psychological testing and have a satisfactory report prior to promotion. The results of such test
shall be made available to the Police Chief and the Oneida PolicePublic Safety and Security
Commission Presidentchairperson.
301.8-4.
Promotion. Upon completion of all steps in the promotion process, a law enforcement
officer may be promoted upon review and recommendation of Oneida PolicePublic Safety and
Security Commission to the Police Chief.
301.9.
Disciplinary Proceedings: for Law Enforcement Officers.
301.9-1.
Purpose.
(a) Disciplinary actions may be commenced against a law enforcement officer by the
Police Chief for violations of departmental Standard Operating Procedures or laws of the
Oneida Tribe or other government. Such actions are independent of and exempt from the
Oneida Blue Book. Discipline may range from a verbal warning to termination.
(b) In serious matters, an internal investigation is conducted by the Oneida Police
Department and the law enforcement officer under investigation may be placed on
administrative leave pursuant to 301.10.
(c) In order to insure due process to for law enforcement officers, an law enforcement
officer has the right to appeal a disciplinary action to the Oneida Police Commission.
(d) shall be governed by this provision of the Law. Disciplinary actions may be ordered
by the Police Chief. The officer may appeal a disciplinary action to the Oneida Police
Commission. Upon filing of an appeal, the Police Chief shall submit formal charges
against the officer to the Oneida Police Commission.
(e) Any citizen may file charges or a complaint against an officer with the Police Chief.
The Oneida Police Commission can proceed with a hearing after an investigation by the
Police Chief.
(f)
If a citizen wishes to file a complaint with the Oneida Police Commission, the Oneida
Police Commission will refer the complaint to the Police Chief to begin an investigation. Upon
completion of the investigation the Police Chief of non-sworn personnel of the Oneida Police
Department shall submit his written report to the Commissionbe governed by the Nation’s laws,
policies, and rules governing employment.
301.9-2. Commencement of Disciplinary Hearings. A request for an appeal of a decision of the
Police Chief must be submitted in writing to the Oneida Police Commission within 30 calendar
days.
(a) If the request is by a law enforcement officer or a citizen against a law enforcement
officer, the President must without delay, notify the Police Chief that a hearing has been
requested.
(b) The Oneida Police Commission must meet within ten calendar days and set a hearing
date.
(c) The Oneida Police Commission has the right to extend hearing dates for Just Cause

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Standard. Just cause.
301.9-3. Rights and Responsibilities of the Oneida Police Commission at Hearings.
(a) The Oneida Police Commission shall have legal counsel and a court reporter present at
all formal proceedings.
(b) The Oneida Police Commission has the authority to subpoena witnesses.
(c) Hearing procedures that may be unique to a particular hearing shall be established prior
to the hearing.
(d) Disciplinary hearings shall be open, except where:
(1) the person subject to discipline requests in writing that the hearing be closed;
or
(2) the Police Chief requests in writing that the hearing be closed and indicates that
confidential police matters are involved.
(e) Commissioners shall not discuss the disciplinary matter with anyone outside the
Commission until the hearing is completed and a decision is filed.
301.9-4. Rights of the Accused Law Enforcement Officer at Hearings.
(a) Notice of charges that have been made, or will be made, as well as actions that will or
may be taken against the individual.
(b) The right to a hearing to respond to the charges.
(c) The right to representation at the individual's expense.
(d) The right to confront and cross-examine his/her accusers.
(e) The right to present evidence and argue his/her view of the facts.
301.9-5. Pre-Hearing Conference.
(a) A pre-hearing conference shall be scheduled at least five (5) working days before the
hearing. The law enforcement officer and the complainant shall be notified in writing of
the pre-hearing conference and both may be represented.
(b) The is determined using the following matters shall be accomplished at the conference.
(1) Witness lists and any prior written or recorded statements or reports of
witnesses will be exchanged between the parties or their representatives.
(2) Exhibit lists will also be exchanged between the parties or their representatives,
and each party and/or their representative shall be permitted to physically inspect
all exhibits of the other party.
(3) Witnesses or exhibits not on the pre-hearing conference lists may not be
introduced at the hearing unless the Oneida Police Commission determines that the
party or their representative can demonstrate a satisfactory reason for the inclusion
of such witness or exhibit on the list(s) submitted at the pre-hearing conference.
(4) In the absence of the parry or representative at the pre-hearing conference, the
Oneida Police Commission shall dismiss the charges unless the party or
representative can demonstrate a satisfactory reason for non-appearance.
301.9-6. Hearing Procedure.
(a)
The nature of a law enforcement agency requires the highest level of public trust, As a
result, hearings will be open to the public to allow the public to be reassured that hearings are
conducted under the highest standards of objectiveness and reason., to the extent possible:
(b) The President of the Oneida Police Commission has the duties of:
(1) Presiding over the hearing.
(2) Maintaining order.
(3) Insuring that the hearing is fair and impartial.

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(c) The President may elect to use an attorney or experienced hearing examiner to assist in
conducting the hearing.
(d) Order of Business.
(1) The President calls the meeting to order and:
(A) Explains that the Oneida Police Commission is not an investigative
body.
(B) Describes the hearing as a formal inquiry into the facts of the matter in
front of them as an original hearing body.
(2) The President reads the charges, as filed with the Oneida Police Commission,
and cites the rule(s) and/or policy(s) that were alleged to be violated.
(3) Testimony begins with the person(s) who filed the charges.
(A) Witnesses, evidence, documents, and other related reports will be
submitted by the Police Chief or complainant.
(B) Witnesses testify under oath which can be administered by the President
or any other Commissioner.
(C) Any Commissioner may ask questions but they must be relevant to the
issues at hand. It is the President's responsibility to insure that the questions
are germane.
(D) The law enforcement officer or representative may challenge the
testimony or evidence presented.
(4) The law enforcement officer or representative is given an opportunity to present
facts, introduce evidence, and call witnesses to prove:
(A) That the law enforcement officer was wrongly charged.
(B) The penalty is not appropriate for the violation.
(5) The complainant may challenge any testimony offered by the accused.
(6) Both sides are allowed to present closing summaries of their position.
(7) The President then adjourns the hearing.
(8) The Oneida Police Commission retires to executive session to deliberate upon
the matter.
301.9-7. Just Cause Standard Applied to Commission Deliberations. The Commissioners shall
base their decisions regarding a disciplinary action upon the "just cause" standard.
(a) (a) Whether the law enforcement officer could reasonably be expected to have had
knowledge of the probable consequences of the alleged misconduct.
(b) Whether the procedure the law enforcement officer allegedly violated is reasonable.
(c) Whether the Police Chief, before filing charges against the law enforcement officer,
made a reasonable effort to discover whether the law enforcement officer did, in fact,
violate a procedure.
(d) Whether the investigation was fair and objective.
(e) Whether the Police Chief discovered substantial evidence that the law enforcement
officer violated the procedure as described in the charges filed against the law enforcement
officer.
(f) Whether the Police Chief is applying the rule or order fairly and without discrimination
against the law enforcement officer.
(g) Whether the proposed discipline is reasonable as it relates to the seriousness of the
alleged violation and to the law enforcement officer’s record of service with the Oneida
Police Department.

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301.9-8. Commission Actions.
(a) The Oneida Police Commission may on appeals, review a disciplinary action taken by
the Police Chief, and:
(1) Approve the action taken by the Police Chief without change.
301.9-3. Discipline of Employees by the Chief of Police. The Chief of Police may reprimand or
suspend a law enforcement officer for just cause without prior approval of the Oneida Public Safety
and Security Commission. The Chief of Police shall report this action to the chairperson of the
Oneida Public Safety and Security Commission immediately in writing and explain the cause(s)
of the action. A law enforcement officer shall not be entitled to a hearing on the suspension unless
the subordinate requests that the Police Chief file charges, which then triggers the hearing process.
(a) For any reductions in rank or terminations of a law enforcement officer, the Police
Chief shall first file charges with the Oneida Public Safety and Security Commission.
301.9-4. Discipline of the Chief of Police. The Oneida Public Safety and Security Commission
has the sole authority to suspend or terminate the Chief of Police, for cause, upon its own initiative.
It may suspend the Chief of Police pending the investigation of written charges received.
301.9-5. Right to Request Hearing. If a law enforcement officer against whom a disciplinary action
of suspension, demotion, or termination has been taken requests a hearing on the matter, the Oneida
Public Safety and Security Commission shall proceed with such a hearing. Charges shall then be
filed with the Oneida Public Safety and Security Commission by the party initially taking the
disciplinary action.
301.9-6. Filing of Charges.
(a) Standing to File Charges. Charges may be filed with the Oneida Public Safety and
Security Commission by:
(1) the Chief of Police;
(2)
Dismiss or modify a member of the Oneida Public Safety and Security
Commission;
(3) the Oneida Public Safety and Security Commission as a body; or
(4) any aggrieved party.
(b) Content of Charges. The charges shall be in writing and shall be signed by the charging
party. The sources of all information contained in the charges shall be stated in the charges
or in accompanying documents. Information regarding the names and addresses of
witnesses having relevant knowledge relating to the charges may be embodied in a separate
statement accompanying the charges. The charges shall identify the person who is charged
and specify, if possible, the date(s) and place(s) of the alleged offense(s).
(c) Filing of Charges. The charges shall be filed with the chairperson of the Oneida Public
Safety and Security Commission. Pending disposition of such charges, the Oneida Public
Safety and Security Commission or Police Chief may suspend the employee.
(d) Service of Charges. Following service upon the Oneida Public Safety and Security
Commission chairperson, a copy of the charge(s) made by the Police Chief shall be served
upon the person charged. A copy of the charge shall be issued to the person charged within
five (5) business days after charges are sent to the Commission.
301.9-7. Procedure for Responding to Charges.
(a) Participation of the Commission. If the Oneida Public Safety and Security Commission
as a body files charges, it shall retain special counsel to prosecute such charges on the
Commission's behalf and the Oneida Public Safety and Security Commission shall refrain
from any active involvement in the prosecution of such charges. If any member of the

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Oneida Public Safety and Security Commission files and actively prosecutes such charges,
such member shall not participate in deliberating the charges or determining whether they
are sustained.
(b) Docket List. All charges filed with the Oneida Public Safety and Security Commission
shall be recorded on a docket list and assigned a number in sequence of filing with the date
of filing added in parentheses.
(c) Preliminary Investigation. Upon the filing of charges, the Oneida Public Safety and
Security Commission may have a preliminary investigation conducted to determine if it
has jurisdiction in the matter. If the Oneida Public Safety and Security Commission judges
that it does not have jurisdiction over the charges, it may dismiss the charges. In the event
of such dismissal, the Oneida Public Safety and Security Commission shall notify the
complainant in writing of its action.
(d) Scheduling of Hearing. Following the filing of charges or a request for a hearing, a
copy of the charges shall be served upon the person charged. The Oneida Public Safety and
Security Commission shall set a date for a hearing not less than ten (10) days or more than
thirty (30) days following receipt of the charges. This timeframe may be waived if mutually
agreed.
301.9-8.(3)
Modify any penalty imposed by the Police Chief.
(4) Void the action taken by the Police Chief.
(b)
The Oneida Police Commission Scheduling Conference.
(a) Scheduling Conference. A scheduling conference between the parties and/or their legal
counsel is appropriate to establish the procedural timeline leading up to, and the process
for, the evidentiary hearing.
(b) Purpose of the Scheduling Conference. The following matters shall be accomplished
at the scheduling conference, and the resolution of these issues shall be memorialized in a
scheduling order distributed to the parties:
(1) Establishing the date(s) of the evidentiary hearing;
(2) Setting up deadlines to exchange witness lists and any prior written or recorded
statements or reports of witnesses;
(3) Setting up deadlines to identify and exchange exhibits;
(4) Setting up any discovery deadline. Prehearing discovery is permitted.
(5) Establishing the process and deadlines to request the Oneida Public Safety and
Security Commission to issue subpoenas. The Oneida Public Safety and Security
Commission chairperson has the power to issue subpoenas to compel the attendance
of witnesses;
(6) Arranging for the recording of the testimony. The hearing shall be transcribed
by a court reporter or otherwise recorded to preserve the evidence in case of an
appeal to the Trial Court; and
(7) Determining if there are any objections to any Oneida Public Safety and
Security Commission member participating in the hearing, deliberations, or
decision and the basis for such objections.
301.9-9. Evidentiary Hearing.
(a) Hearing Procedures.
(1) The evidentiary hearing shall be conducted in open session.
(2) Following the evidentiary hearing, the deliberations of the Oneida Public Safety
and Security Commission may be conducted in closed session at the discretion of

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the Commission.
(3) The Commission’s vote following deliberations may take place in closed
session, unless the charged party demands that the vote take place in open session.
(4) A record of the proceedings shall be created by the Commission. Exhibits
introduced shall be marked with a docket number and exhibit number in sequence
of introduction.
(5) Either or both of the parties may be represented by counsel and may compel
the attendance of the witnesses by subpoenas, which shall be issued by the
chairperson of the Commission.
(6) All testimony of witnesses at hearings shall be given under oath, administered
by a member of the Commission.
(b) Order of Proceedings. At the hearing, the order of proceedings shall be as follows:
(1) Reading of the charges by the president.
(2) Opening statement by the parties, if any;
(3) Testimony and introduction of evidence by the charging party to substantiate
the charges, with cross-examination by the accused;
(4) Testimony and introduction of evidence by the accused with cross-examination
by the charging party; and
(5) Closing arguments.
301.9-10. Deliberations, Findings, Conclusions, Orders from Hearing.
(a) Finding of Fact.
(1) At the conclusion of the hearing, the Oneida Public Safety and Security
Commission shall prepare written findings of fact based upon the testimony and
evidence presented and shall prepare conclusions which are based on the findings
and an order consistent with such findings and conclusions within three (3) days
after the conclusion of the hearing and file it with the Oneida Public Safety and
Security Commission Secretary.
(2) For purposes of deliberation after the hearing, the Oneida Public Safety and
Security Commission shall adjourn into closed session. During the deliberation
only Oneida Public Safety and Security Commission members and the
commission’s attorney shall be present.
(b) Just Cause Standard. In determining whether there is just cause for discipline, the
Oneida Public Safety and Security Commission shall apply the standards set forth in
section 301.9-2.
(c) Charges Rescinded. If the Oneida Public Safety and Security Commission determines
that the charges are not sustained, the charged party shall immediately have all related
disciplinary action taken to date rescinded and all lost pay or other benefits, if any, restored.
(d) Charges Sustained. If the Oneida Public Safety and Security Commission determines
that the charges are sustained, the charged party, by order of the Commission, may impose
any of the following penalties, but is not limited to the penalties listed herein.:
(1)
Verbal consultation;
(2)
Written reprimand.;
(3)
Suspension without pay.;
(4)
Demotion in rank.; or
(5)
Termination of employment.
(c) e) Announcement of Decision. The Oneida Police Commission's findings shall be in

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writingPublic Safety and include:
(1) A statement of all charges filed.
(2) The specific rule(s), policy(s), or standard(s) of conduct violated.
(3) A list of charges that the Oneida PoliceSecurity Commission found were provenshall
announce its decision in open session.
(4) A summary of the disciplinary actions considered(f) Appeal of Decision. Any
law enforcement officer suspended, demoted, reassigned, or removed by the
Oneida Police Commission.
(5) The disciplinary action ordered by the Oneida Police Commission Public Safety
and any special actions attached to the approved disciplinary action.
(d) In acting on a complaint including a request for termination of employment, filed with
the Oneida Police Commission, the Oneida PoliceSecurity Commission may:
(1) Dismiss appeal from the complaint.
(2) Dismiss or modify certain charges filed.
(3) Conclude thatorder of the testimonyOneida Public Safety and evidence sustain
the charges and impose a penalty.
(4) Allow the Oneida Police Commission the power to hire an outside agency to
conduct the investigation of allegations against the Police Chief.
301.9-9.
Appeals of Commission Findings. Appeals of Oneida Police Commission's
ruling shall be made Security Commission to the Judiciary.
301.10.
Administrative Leave: of Law Enforcement Officers.
301.10-1. General. Administrative leave is an action commenced by the Police Chief affecting
the status of a law enforcement officer. A law enforcement officer is temporarily relieved of all
law enforcement powers while on administrative leave. The law enforcement officer continues to
receive salary and is responsible to report to the Police Chief or perform other duties as assigned.
Administrative leave does not denote wrong-doing on the part of the law enforcement officer.
301.10-2. Applicability. Administrative leave may only be ordered in the following
circumstances:
(a) The law enforcement officer poses a threat to themselves or others.
(b) The law enforcement officer is alleged to have committe

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A02ba6375dc82d149. Public record. Not legal advice.