Oneida Business Committee (2019)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room-2nd Floor Norbert Hill Center

October 16, 2019

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

October 2, 2019 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Citations Law (pg. 5)

2. Oneida Environmental Resource Board Bylaws Amendments (pg. 33)

3. Oneida Personnel Commission Bylaws Amendments (pg. 82)

4. Oneida Land Claims Commission Bylaws Amendments (pg. 124)

IV.

New Submissions

Additions

VI.

Administrative Updates

1. Children’s Code Update (pg. 162)

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

GDDDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

October 2, 2019

9:00 a.m.

Present: David P. Jordan, Ernest Stevens III, Kirby Metoxen, Daniel Guzman King

Excused: Jennifer Webster

Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Jennifer Falck, Kristen

Hooker, Rae Skenandore, Rosa Laster, Bonnie Pigman, JoAnne House, Patricia Lassila, Lois

Strong, Jameson Wilson, Ralinda Ninham-Lamberies, Brooke Doxtator

Call to Order and Approval of the Agenda

David P. Jordan called the October 02, 2019, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Kirby Metoxen to adopt the agenda; seconded by Ernest Stevens III. Motion

carried unanimously.

II.

Minutes to be Approved

Motion by Ernest Stevens III to approve the September 18, 2019, Legislative Operating

Committee meeting minutes and forward to the Business Committee for consideration;

seconded by Daniel Guzman King. Motion carried unanimously.

III.

Current Business

1. Citations Law (1:28-16:12)

Motion by Daniel Guzman King to accept the draft Citations law and Legislative

Analysis and defer to a work meeting for further consideration; seconded by Kirby

Metoxen. Motion carried unanimously.

2. Curfew Law (16:15-32:50)

Motion by Ernest Stevens III to approve adoption packet for the Curfew law and

forward to the Oneida Business Committee for consideration with the inclusion of the

memo to the adoption packet, and forward the memo to the Finance Department;

seconded by Kirby Metoxen. Motion carried unanimously.

Motion by Kirby Metoxen to approve the resolution titled “Curfew Law Penalty and

Fine Schedule” and forward to the Oneida Business Committee for consideration;

seconded by Ernest Stevens III. Motion carried unanimously.

3. Pardon and Forgiveness Screening Committee Bylaws Amendments (32:52-42:35)

Motion by Kirby Metoxen to accept the Pardon and Forgiveness Screening Committee

Bylaws Amendments and forward to the Business Committee for consideration;

seconded by Ernest Stevens III. Motion carried unanimously.

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

Legislative Operating Committee Meeting Minutes of October 02, 2019

Page 1 of 3

ONEIDA

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4. Oneida Gaming Commission Bylaws Amendments (42:36-44:56 )

Motion by Ernest Stevens III to accept the Oneida Gaming Commission Bylaws

Amendments and forward to the Oneida Business Committee for consideration;

seconded by Daniel Guzman King. Motion carried unanimously.

5. Southeastern Oneida Tribal Services Advisory Board Bylaws Amendments

(45:00-47:04)

Motion by Kirby Metoxen to accept the Southeastern Oneida Tribal Services Advisory

Board Bylaws Amendments and forward to the Oneida Business Committee for

consideration; seconded by Daniel Guzman King. Motion carried unanimously.

6. Oneida Nation Arts Board Bylaws Amendments (47:06-49:24)

Motion by Daniel Guzman King to accept the Oneida Nation Arts Board Bylaws

Amendments and forward to the Oneida Business Committee for consideration;

seconded by Ernest Stevens III. Motion carried unanimously.

7. Oneida Nation School Board Bylaws Amendments (49:27-51:44)

Motion by Daniel Guzman King to accept the Oneida Nation School Board Bylaws

Amendments and forward to the Oneida Business Committee for consideration;

seconded by Kirby Metoxen. Motion carried unanimously.

8. Oneida Nation Commission on Aging Bylaws Amendments (51:45-56:19)

Motion by Kirby Metoxen to accept the Oneida Nation Commission on Aging Bylaws

Amendments and forward to the Oneida Business Committee for consideration;

seconded by Daniel Guzman King. Motion carried unanimously.

9. Oneida Land Commission Bylaws Amendment (56:21-58:14)

Motion by Daniel Guzman King to accept the Oneida Land Commission Bylaws

Amendments and forward to the Oneida Business Committee for consideration;

seconded by Kirby Metoxen. Motion carried unanimously.

IV.

New Submissions

1. Oneida Nation Arts Program – Dollars for Arts Project Policies Amendments

(58:15-1:05:40)

Motion by Kirby Metoxen to add to the active files list the Arts Program: Dollars for

Arts. Motion fails due to no support.

Motion by Ernest Stevens III to deny the request; seconded by Daniel Guzman King.

Motion carried.

Ayes: Ernest Stevens III, Daniel Guzman King

Opposed: Kirby Metoxen

Additions

VI.

Administrative Items

VII.

Executive Session

Legislative Operating Committee Meeting Minutes of October 02, 2019

Page 2 of 3

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VIII. Adjourn

Motion by Kirby Metoxen to adjourn the October 02, 2019, Legislative Operating

Committee meeting at 10:05 a.m.; seconded by Daniel Guzman King. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of October 02, 2019

Page 3 of 3

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155‐0365

Oneida‐nsn.gov

Legislative Operating Committee

October 16, 2019

Citations Law

Submission Date: 5/15/19

LOC Sponsor: Jennifer Webster

Public Meeting: n/a

Emergency Enacted: n/a

Summary:

This item came to the LOC as a result of the development of the amendments to the

Domestic Animals law. The development of a Citations law will ensure that the Nation provides a

consistent process for handling citations of the Nation in order to ensure equal and fair treatment to all

persons who come before the Judiciary to have their citations resolved.

5/15/19 LOC: Motion by Jennifer Webster to add the Citations Law to the active files list with Jennifer

Webster as the sponsor; seconded by Kirby Metoxen. Abstained by Ernest Stevens III and

Daniel Guzman King. Motion carried.

5/21/19:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Jennifer Falck, Eric

Boulanger, Chad Wilson, Kelly McAndrews, Wes Martin, Tsyoslake House. The purpose of

this work meeting was to review and discuss the initial draft of the Citations law with the

departments and entities that are currently involved in the handling of citations. The Oneida

Law Office, Legal Resource Center, and Oneida Police Department provided suggestions and

recommendations to the LRO staff. LRO will update the draft.

5/23/19:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Ernest Stevens III, Jennifer Falck,

Clorissa N. Santiago, Brandon Wisneski, Kristen Hooker. The purpose of this work meeting

was to discuss and plan for how the LOC will collaborate with the Judiciary on the development

of this Law.

6/13/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Destiny

Prendiville, Laura Laitinen-Warren. The purpose of this work meeting was to review the draft

of the Law, and for the LOC to provide input. The LOC provided the LRO with revisions to be

made to the law, and areas that should be researched. LOC also determined that the law should

not move forward until the Judiciary has been consulted.

8/6/19:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Eric Boulanger, Lisa

Skenandore, Patricia Degrand, Kristina Denny, Kelly McAndrews. The purpose of this work

meeting was to review the proposed draft of the Law to ensure that the processes and timelines

included are realistic and can be implemented successfully.

8/29/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens III,

Daniel Guzman King, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work

meeting was to review and discuss the proposed revisions to the draft of the Citations law based

on the comments collected from the Oneida Police Department, Oneida Law Office, and

Judiciary.

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10/2/19 LOC: Motion by Daniel Guzman King to accept the draft Citations law and Legislative Analysis

and defer to a work meeting for further consideration; seconded by Kirby Metoxen. Motion

carried unanimously.

10/2/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III, Daniel Guzman

King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Jameson Wilson. The purpose

of this work meeting was to review the legislative analysis and make decisions regarding the

policy considerations contained in the law.

Next Steps:

 Approve the public meeting packet, with the updated draft and analysis, and forward the Citations law

to a public meeting to be held on November 22, 2019.

Page 2 of 2

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Title 8. Judiciary - Chapter 807

Kayanl^sla Ol$=wa>

Laws of issues/matters

CITATIONS

807.1. Purpose and Policy

807.2. Adoption, Amendment, Repeal

807.3. Definitions

807.4. Commencement of a Citation Action

807.5. Stipulations

807.6. Hearing Procedure

807.1. Purpose and Policy

807.2. Adoption, Amendment, Repeal

807.3. Definitions

807.4. Commencement of a Citation Action

807.5. Stipulations

807.6. Hearing Procedure

807.7. Exclusion

807.1. Purpose and Policy

807.1-1. Purpose. The purpose of this law is to provide a process that governs all citations that fall

under the jurisdiction of the Oneida Nation.

807.1-2. Policy. It is the policy of the Nation to provide a consistent process for handling citations

of the Nation in order to ensure equal and fair treatment to all persons who come before the

Judiciary to have their citations resolved.

807.2. Adoption, Amendment, Repeal

807.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.

807.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

807.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

807.2-4. 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.

807.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

807.3. Definitions

807.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Authorized attorney” means an attorney of the Nation who represents the department

or entity of the officer who issued the citation.

(b) “Citation” means a legal document that serves as a notice or summons to appear in a

court of the Nation in response to a charge against an individual of a violation of law.

divisions of the Nation’s Judiciary created by a law of the Nation which have been granted

jurisdiction to hear matters of citations.

(d) “Court of Appeals” means the branch of the Nation’s Judiciary delegated the authority

of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal

Council resolution GTC-03-19-17-A.

(e) “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

8. O.C. 807 – Page 1

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authorized to administer the judicial authorities and responsibilities of the Nation by

Oneida General Tribal Council resolution GTC-03-19-17-A.

(f) “Nation” means the Oneida Nation.

(g(g) “No contest” means a plea by which a defendant will accept the charged violation of

law but does not plead or admit guilt.

(h) “Officer” means an individual authorized by a law of the Nation to issue a citation for

a violation of said law.

807.4. Commencement of a Citation Action

807.4-1. Action. The issuance of a citation shall commence a civil action in the Judiciary for a

violation of a law of the Nation for the purpose of collecting a fine or penalty imposed by the law

in the name of the Nation.

807.4-2. Authority to Issue. An officer may issue a citation to any person he or she has reasonable

grounds to believe has committed a violation of a law of the Nation that expressly permits the

issuance of a citation.

807.4-3. Form of Citation. A citation shall contain the following information:

(a) The name of the officer who issued the citation.

(b) The name, address, and date of birth of the defendant.

(d) Information about the alleged violation including:

(1) the violation alleged;

(2) the law violated;

(3) the time and place of the occurrence of the violation; and

(4) a description of the violation.

(e) A notice to appear at a date, time and place for the citation pre-hearing, and a statement

as to whether the appearance at the pre-hearing is mandatory.

(f) Provisions for payment of citation and stipulation in lieu of an appearance in Court, if

applicable.

(g) Notice that if the defendant does not pay the citation or stipulate to an agreement prior

to the pre-hearing and fails to appear in Court at the time fixed in the citation or provide

written notice to the Court that he or she is contesting the citation, the Court may issue a

default judgment which may include any fine amount due, restitution and/or suspension of

any rights, privileges, or licensures, or any other penalty authorized by law.

(h) Notice that failure to satisfy a fine, restitution, or any other part of the judgment, may

result in per capita attachment, wage garnishment, revocation, suspension of any rights,

privileges, licensures, and/or any other action authorized by law and/or other collection

processes available to the Court.

(i) Any other relevant information.

807.4-4. Service of a Citation. The defendant is served with a citation when one of the following

occurs:

(a) Personal Service. The citation is provided to the defendant directly by the officer, or

a copy of the citation is left at the defendant’s home or usual place of abode by the officer:

(a1) in the presence of a competent family member at least fourteen (14) years of

age who shall be informed of the contents of the citation; or

(b2) in the presence of a competent adult who resides in the home or usual place

of abode of the defendant, who shall be informed of the contents of the citation.

(b) Mail Service. If personal service is not possible, and the defendant's address is known

8. O.C. 807 – Page 2

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or with reasonable diligence can be ascertained, then mail service may be used. For service

by mail, a copy of the citation may be delivered to the defendant’s last known address by

certified mail with return receipt. The certified mail return receipt shall be signed by the

defendant or a competent family member at least fourteen (14) years of age or an adult who

resides in the home of the defendant.

(1) The certified mail return receipt shall be filed with the Court as proof of service.

service were not possible, then service may be completed by publication as a last resort.

The publication shall be in the Nation’s newspaper and shall be designated as “Legal

Notice.” The department of the officer and/or authorized attorney shall publish this notice

at least two (2) times within a thirty (30) day period. The two (2) notices shall be published

a minimum of ten (10) days before the citation pre-hearing.

(1) Copies of the two (2) published notices and written report stating the facts

surrounding the failure of personal and mail service shall be filed with the Court as

proof of service.

(2) If service by publication is required and there is insufficient time for proper

service before the pre-hearing, the Court may, on its own, order different time limits

for service by publication and/or re-schedule the pre-hearing appropriately in order

to provide for fair notice and opportunity for the defendant to respond.

(3) The Court may order the defendant to reimburse the department of the officer

and/or the authorized attorney for any costs incurred from service by publication.

807.4-5. Filing of a Citation. Absent exigent circumstances, the department of the officer who

issued the citation shall file the citation with the Court along with any applicable proof of service

at least thirty (30) days prior to the date of the pre-hearing.

(a) Citations may be filed in person or electronically transmitted to the Court. Citations

that are electronically transmitted to the Court are deemed filed upon confirmation of

receipt by the Clerk of Court assigned to the branch of the Judiciary that will hear the

citation.

(b) After filing the citation with the Court, the department of the officer who issued the

citation shall forward the citation and all relevant accompanying information to the

authorized attorney. Relevant information to accompany the citation may include, but is

not limited to, a narrative by the officer and/or history of violations by the defendant.

304807.4-6. Amendments to the Citation. A citation may be amended by an officer or the

authorized attorney prior to the citation pre-hearing. A copy of the amended citation shall be

provided to the defendant in accordance with section 807.4-4, and filed with the Court, at least five

(5) days before the citation pre-hearing. After the hearing, the citation may only be amended at

the discretion of the Court, upon notice to the parties and an opportunity to be heard.

807.5. Stipulations

807.5-1. Authority for Stipulations and Case Settlement. An authorized attorney of the Nation is

granted the discretion to seek the settlement of a citation.

(a) When seeking to enter into a stipulation the authorized attorney shall explain to the

defendant all provisions included in the stipulation as required by section 807.5-2(a)-(d).

807.5-2. Form of Stipulation. Any stipulation between an authorized attorney and the defendant

shall be in writing and signed. The stipulation shall include the following:

(a) A summary of the citation violation information included on the citation;

(b) The details of the stipulation including any fine, penalty, condition, or payment plan

8. O.C. 807 – Page 3

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the defendant shall comply with;

she committed the act for which the citation was issued or is entering a plea of no contest

and thereby waives his or her right to contest the citation with the Court; and

(d) A statement that all parties signed the agreement free of duress and coercion.

807.5-3. Submission of the Stipulation to the Court. If the authorized attorney and defendant reach

an agreement through the stipulation, the stipulation shall be submitted to the Court for the Court’s

approval.

(a) If the Court enters an order approving the stipulation as written, a copy of the order

shall be provided to the authorized attorney and defendant.

(b) If the Court does not enter an order approving the stipulation as written or requests

clarification, the Court shall schedule the matter for a hearing. The Court shall provide the

authorized attorney and defendant notice of the hearing date and written explanation as to

why the Court did not approve the stipulation of the parties.

807.5-4. If the authorized attorney and defendant do not reach an agreement as to a stipulation,

then the parties shall proceed with the citation hearing process.

807.5-5. Compliance with a stipulation shall be monitored by the authorized attorney. The

authorized attorney may file a motion with the Court to enforce the terms of a stipulation or file a

motion for contempt if the defendant is non-compliant with the terms of the stipulation.

807.6. Hearing Procedure

807.6-1. Citation Pre-Hearing. All citations shall include a pre-hearing date with the Court which

shall be set at least thirty (30) days after the citation was issued, unless stated otherwise by a law

of the Nation.

(a) Appearance at the pre-hearing shall be mandatory only when a law, policy, rule, or

resolution of the Nation requires a mandatory appearance for that specific violation of law.

(b) If an appearance is not mandatory, and a person does not wish to contest the citation,

a person may pay the fine and/or penalty as listed on the citation prior to the pre-hearing

date.

(1) If the person pays the fine and/or penalty as listed on the citation prior to the

pre-hearing date the citation shall be considered satisfied.

in one (1) of the following manners:

(1) appear at the pre-hearing to contest the citation; or

(2) if an appearance is not mandatory, send written notice to the Court, with a copy

to the Oneida Law Office, prior to the pre-hearing notifying the Court that the

defendant wishes to contest the citation.

(d) At the pre-hearing the Court shall accept pleas which either contest or admit committing

the act for which the citation was issued, or a plea of no contest.

(1) If the defendant admits committing the act for which the citation was issued

the Court shall provide a statement that by admitting that he or she committed the

act for which the citation was issued the defendant thereby waives his or her right

to contest the citation with the Court. The Court shall obtain an affirmative

acknowledgment from the defendant of that waiver of rights.

(e) In addition to scheduling requested hearings, the Court may also make conditional

orders at the pre-hearing which are effective until the matter is resolved.

(f) If a defendant does not appear at the pre-hearing or submit written notice that he or she

8. O.C. 807 – Page 4

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is contesting the citation when there is a non-mandatory appearance, and the defendant has

not entered into a stipulation or paid the fine and/or penalty as listed on the citation, the

Court may proceed to enter a default judgment.

(1) A default judgment may include any fine amount due, restitution, suspension

of any rights, privileges, or licensures, and/or any other penalty authorized by law.

(2) Unless otherwise noted by the Court, a defendant shall have ninety (90) days

to satisfy a default judgment by paying any fine and/or complying with any

condition or penalty ordered.

807.6-2. Citation Hearing. For all persons entering a plea contesting the fact that he or she

committed the act for which a citation was issued, the Court shall schedule a hearing as

expeditiously as possible, provided that it shall be scheduled within ninety (90) days of the date of

the pre-hearing when possible.

(a) The burden of proof at the citation hearing shall be by clear and convincing evidence.

(b) As a result of the citation hearing the Court may issue an order which includes a

determination as to the underlying violation of law as well as any fine amount, restitution,

suspension of any rights, privileges, or licensures, and/or any other penalty as authorized

by law.

punishment for contempt of court which may include fines, revocation and/or suspension

of any rights, privileges, licensures, or any other action authorized by law.

(d) The defendant’s failure to satisfy a fine and/or restitution may result in per capita

attachment, wage garnishment and/or other collection processes available to the Court.

807.6-3. Appeals of the Court’s Determinations. Any person wishing to contest the determination

of the Court may appeal to the Nation’s Court of Appeals in accordance with the Rules of Appellate

Procedure.

807.7. Exclusion

807.7-1. This law shall not apply to any law of the Nation which delegates hearing authority to a

hearing body other than the Oneida Judiciary.

End.

Adopted – BC-__-__-__-__

8. O.C. 807 – Page 5

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ONEIDA NATION PUBLIC MEETING NOTICE

Friday, November 22, 2019, 12:00 pm

Find Public Meeting Materials at

Oneida-nsn.gov/government/register/public meetings

Send Public Comments to

LOC@oneidanation.org

Norbert Hill Center-Business Committee Conference Room

N7210 Seminary Rd., Oneida, Wisconsin

Ask Questions here

LOC@oneidanation.org

920-869-4312

CITATIONS LAW

The purpose of this law is to provide a consistent process that governs all citations that fall under the jurisdiction of the Oneida Nation in order to ensure equal and fair treatment to all persons who come before the Judiciary to have their citations resolved.

The Citations law will:

1. Provide what information must be included on a citation;

2. Describe how a citation shall be served on an individual;

3. Provide a process for an individual to enter into a stipulation agreement with an authorized attorney of the Nation to settle citations;

4. Provide a process for how an individual may contest his or her citation in court; and

5. Provide the various timelines and procedures for citation hearings.

PUBLIC COMMENTS PERIOD CLOSES TUESDAY, DECEMBER 3, 2019

During the Public Comment Period, anyone may submit written comments. Comments may be

submitted to the Oneida Nation Secretary’s Office or the Legislative Reference Office in person, by U.S.

mail, interoffice mail, or e-mail.

PROVIDING EFFECTIVE PUBLIC COMMENTS

Providing public comment is an important way to make your voice heard in

decision making. Public comments can strengthen a decision or provide different perspectives. The Legislative Operating Committee wants to hear from

you!

READ THE PUBLIC MEETING MATERIALS: Before you provide comments familiarize yourself with

the legislation. A public meeting packet is made for every public meeting and it includes 1) a

notice with the date, time, location, 2) a draft of the proposed legislation, and 3) a plain language

review of the legislation and its impact on the Oneida Nation.

PREPARE YOUR COMMENTS: When you are familiar with the legislation, start to prepare comments. The LOC is responsible for reviewing every comment received. To get your message across

effectively, frame your comment clearly and concisely. Here is an example of how to create an effective comment:

Least Effective Comment

We shouldn’t use citations.

More Effective Comment

Most Effective Comment

We need to make sure the citation Section 807.4-4(c) which allows

process is fair to all individuals.

service by publication may not be

fair to those individuals who do not

receive the newspaper.

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Kayanl^sla Ol$=wa>

CITATIONS LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

LOC

Intent of the

Proposed Law

Purpose

Affected Entities

Related Legislation

Public Meeting

Fiscal Impact

SPONSOR:

DRAFTER:

ANALYST:

Jennifer Webster

Clorissa N. Santiago

Brandon Wisneski

To establish a consistent process for citations issued for violations of laws of the

Nation, including:

- What must appear on a citation form;

- How a citation must be served;

- A process for entering into stipulation agreements to settle citations;

- A process for how individuals can contest their citations in court; and

- Timelines and procedures for citation hearings.

To provide a process that governs all citations that fall under the jurisdiction of the

Oneida Nation [8 O.C. 807.1-1].

Any person issued a citation under the laws of the Nation; Agencies responsible for

enforcement and issuing citations under the laws of the Nation (Oneida Police

Department, Conservation Wardens, Oneida Environmental Health Safety and

Land Division, Licensing Department), the Nation’s Judiciary, Oneida Law Office,

GTC Legal Resource Center, Utilities Department, and Oneida Land Commission.

Domestic Animals law; Hunting, Fishing and Trapping law; All-Terrain Vehicle

law; Public Use of Tribal Land law; Recycling and Solid Waste Disposal law;

Tribal Environmental Response law; Well Abandonment law; Onsite Waste

Disposal Ordinance; Water Resources law; Emergency Management and

Homeland Security law; Tobacco law; Oneida Food Service Code; Tattoo and Body

Piercing law; Notary Act; Non Metallic Mine Reclamation law; Zoning and

Shoreland Protection law; Marriage law, Sanitation Ordinance, Rules of Civil

Procedure; Rules of Appellate Procedure, Judiciary Law Rule No. 1 – Oneida Trial

Court Rules.

A public meeting has not yet been held.

A fiscal impact statement has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. The Oneida Nation exercises its sovereignty through the enactment and enforcement of its own laws.

These laws cover a variety of topics, including health and public safety, environmental and natural

resources, property and land, and many others. When a person violates a law of the Nation, several laws

authorize the Nation to enforce that law through the issuance of citations, fines and penalties. However,

the Nation’s laws do not include a uniform process for what happens after a citation is issued. This has

led to implementation issues for agencies involved in the citation process.

B. During development of the Domestic Animals law amendments, the LOC worked collaboratively with

several of the Nation’s agencies. During this process, the need to develop a more detailed procedure

for the issuance and processing of citations was discussed. Rather than add a detailed process only to

the Domestic Animals law, the LOC decided to begin drafting a new Citations law that can apply to

violations of all laws of the Nation that allow for citations.

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C. The LOC added the proposed Citations law to the Active Files List on May 15, 2019. Since that time,

a work group of representatives from Oneida Police Department, Environmental Resource Board,

Oneida Law Office and Oneida Legal Resource Center met to work on the proposed law.

D. This proposed law applies only to citations issued by the Nation for violations of the Nation’s laws.

Officers of the Oneida Police Department are cross-deputized by the Brown County Sheriff’s

Department and also have the authority to issue citations for violation of state laws that may be heard

in Wisconsin Circuit Courts (for example, violations for operating while intoxicated).

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of this law

and legislative analysis: Oneida Police Department, Oneida Law Office, Oneida Judiciary, Oneida

Legal Resource Center, and Oneida Environmental Resource Board.

B. The following laws were reviewed in the drafting of this analysis: Domestic Animals law; Hunting,

Fishing and Trapping law; All-Terrain Vehicle law; Public Use of Tribal Land law; Recycling and

Solid Waste Disposal law; Tribal Environmental Response law; Well Abandonment law; Onsite Waste

Disposal Ordinance; Water Resources law; Emergency Management and Homeland Security law;

Tobacco law; Oneida Food Service Code; Tattoo and Body Piercing law; Notary Act; Non Metallic

Mine Reclamation law; Zoning and Shoreland Protection law; Motor Vehicle Registration law;

Marriage law; Sanitation Ordinance; Clean Air Policy; Alcohol Beverage Licensing law; Oneida

Woodcutting Ordinance; Building Code law; Rules of Civil Procedure; Rules of Appellate Procedure,

and Judiciary Law Rule No 1 – Oneida Trial Court Rules.

SECTION 4. PROCESS

A. Thus far, amendments to this law have followed the process set forth in the Legislative Procedures Act

(LPA).

B. The law was added to the Active Files List on May 15, 2019.

C. The following work meetings were held regarding the development of this law and legislative analysis:

 May 21, 2019: Work meeting with Oneida Police Department, Oneida Law Office, Environmental

Resource Board and Legal Resource Center.

 May 23, 2019: Work meeting with LOC.

 June 13, 2019: Work meeting with LOC.

 August 6, 2019: Work meeting with Oneida Police Department, Oneida Law Office and Oneida

Judiciary clerks.

 August 29, 2019: Work meeting with LOC.

 October 2, 2019: Work meeting with LOC.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Commencement of a Citation Action.

 What is a Citation? A citation is a “legal document that services as a notice or summons to appear

in a court of the Nation in response to a charge against an individual of a violation of law” [8 O.C.

807.3-1(b)]. The issuance of a citation begins a civil action in the Judiciary for violating a law of

the Nation for the purpose of collecting a fine or penalty imposed by the law [8 O.C. 807.4-1].

 Authority to Issue. An officer may issue a citation to any person he or she has reasonable grounds

to believe has committed a violation of a law of the Nation. For the purposes of this law, an “officer”

is defined as “any individual authorized by a law of the Nation to issue a citation for a violation of

said law” [8 O.C. 807.3-1(g)].

o For most laws of the Nation, the individual authorized to issue a citation is an officer of the

Oneida Police Department or a Conservation Warden.

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B. Form of Citation. This law creates a standard list of information that must be included on a citation

form when it is issued. These requirements match the information included on the current citation form

used by the Nation [8 O.C. 807.4-3].

 Identifying Information:

o Name of the officer who issued citation;

o Name, address, and date of birth of the defendant. Enrollment number and/or license

number of the defendant, if applicable.

 Information About the Alleged Violation:

o The violation alleged, the law violated, the time and place of the violation, and a description

of the violation.

 Court Hearing & Fine Information:

o A notice of when and where to appear at a citation pre-hearing and whether the pre-hearing

is mandatory;

o Provisions for payment of citation and stipulation in lieu of an appearance in Court, if

applicable. In other words, the option for individuals to pay their fine without having to

make a court appearance;

o Notice that if the defendant does not pay the citation or stipulate an agreement prior to the

pre-hearing and fails to appear in Court at the time listed on the citation, the Court may

issue a default judgment which may include any fine amount due, restitution and/or

suspension of any rights, privileges, or licensures, or any other penalty authorized by law;

o Notice that failure to satisfy a fine, restitution, or any other party of the judgment may

result in per capita attachment, wage garnishment, revocation, suspension of any rights,

privileges, licensures, and/or any other action authorized by law and/or other collection

processes available to the court.

Current Oneida Nation Citation Form – Front

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Current Oneida Nation Citation Form – Back

C. Service of a Citation. When an officer issues a citation, the citation must be “served” on the individual

alleged to have violated the law [8 O.C. 807.4-4].

 Personal Service. An officer must first attempt to personally serve the citation on the defendant

(i.e. hand the citation to the defendant) or leave a copy of the citation at the defendant’s home in

the presence of a competent family member at least fourteen (14) years of age or an adult who

resides in the home of the defendant.

o Why age 14? In the state of Wisconsin, a service of summons may be left in the presence

of a competent family member at least fourteen (14) years of age if, with reasonable due

diligence, the defendant cannot be personally served [Wis. Stats 801.11]. This provision is

modeled after WI statutes.

 Mail Service. If personal service is not possible and the defendant’s address can be determined,

then mail service may be used. For service by mail, a copy of the citation may be delivered to the

defendant’s last known address by certified mail with return receipt. The certified mail return

receipt will be signed by the defendant or competent family member at least fourteen (14) years of

age or an adult who resides in the home of the defendant. The certified mail return receipt will be

filed with the Court as proof of service.

 Service by Publication. As a last resort, after a showing of due diligence that personal and mail

service are not possible, then service may be completed by publication in the Nation’s newspaper

(the Kalihwisaks). The notice must be published at least two (2) times within a 30-day period. The

notices must be published at least ten (10) days before the citation pre-hearing.

 Filing a Citation. The department of the officer who issued the citation must file the citation with

the Court along with proof of service, if applicable, at least thirty (30) days prior to the date of the

pre-hearing. Citations may be filed in person or electronically transmitted [8 O.C. 807.4-5].

o Amendments to Citations. A citation may be amended by an officer or the authorized

attorney prior to the citation pre-hearing. A copy of the amended citation must be provided

to the defendant at least five (5) days prior to the citation pre-hearing.

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Chart 1. Service of a Citation.

An individual

violates a law of the

Nation

PERSONAL

SERVICE

Personal Service not

possible or

defendant’s address

cannot be

determined

Officer authorized

by law to issue a

citation for the

violation

Citation personally served on

defendant or left at the

defendant’s home in presence of

competent family member

MAIL SERVICE

Mail service not

possible

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Officer writes the

citation

Copy of citation delivered

to defendant’s last known

address by certified mail

with return receipt

SERVICE BY

PUBLICATION

Return receipt filed

with court as proof

of service

May only be

used as last

resort

Notice published in Nation’s

newspaper (at least twice within

a 30‐day period and at least 10

days before the pre‐hearing

date)

D. Stipulations. An authorized attorney of the Nation is granted the discretion to seek the settlement of

the citation. This means that the Nation and the defendant can agree to a lower fine amount or other

condition to settle the case [8 O.C. 807.5].

 Who is an Authorized Attorney of the Nation? An attorney of the Nation who represents the

department or entity of the officer who issued the citation, such as the attorney for the Oneida Police

Department [8 O.C. 807.3-1]. Attorneys of the Nation work in the Oneida Law Office.

 Form of Stipulation. The stipulation, or agreement, between the Nation’s attorney and defendant

must be in writing, signed by both parties, and include the following information:

o A summary of the violation that resulted in the citation,

o The details of the stipulation including any fine, penalty, condition or payment plan the

defendant must comply with,

o A statement that the defendant admits that he or she committed the act or is entering a plea

of no contest and waives his or her right to contest the citation in Court; and

o A statement that all parties signed the agreement free of duress and coercion.

 Current Practice. It is the Nation’s current practice to offer stipulations to defendants for violations

of the Nation’s Domestic Animals law. Stipulations typically involve the Nation lowering a fine

amount. Currently, this practice is not outlined in detail in any law of the Nation.

o Comparison to State of WI. For cases in Wisconsin circuit court, stipulations are typically

handled by the prosecutor’s office. Oneida Nation does not have a prosecutor or exercise

criminal jurisdiction, so in this instance, the Nation is represented by an attorney of the

Law office who assumes these responsibilities for violations the Nation’s civil laws.

 Effect. Although offering stipulations is the current practice of the Nation, placing the process in

the law will formally establish this authority for the authorized attorneys of the Nation.

E. Citation Pre-Hearing. All citations will include a pre-hearing date with the Court which will be set at

least thirty (30) days after the citation was issued, unless stated otherwise by a law of the Nation [8

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O.C. 807.6-1]. The Judiciary’s current practice is to hold citation pre-hearings on the third Thursday of

each month.

 Mandatory Appearance. Appearance at a pre-hearing is only mandatory when a law, policy, rule

or resolution of a Nation requires a mandatory appearance for that specific violation of the law.

Most violations of the Nation’s laws do not require a mandatory appearance.

o Example: The Domestic Animals law fine, penalty and licensing fee schedule requires a

mandatory court appearance for mistreatment of animals [BC Resolution 05-08-19-D].

 Paying Fine or Penalty. If an appearance is not mandatory and the individual does not want to

contest (or challenge) the citation, the individual may pay the fine or penalty listed on the citation

before the pre-hearing date and the citation will be considered satisfied.

 Contesting a Citation. If an individual wants to contest their citation, that person can appear at the

pre-hearing to contest the citation. If an appearance at the pre-hearing isn’t mandatory, that

individual can also send a written notice to the Court with a copy to the Law Office notifying the

court that they wish to contest the citation.

 Default Judgment. If the defendant does not pay their fine or enter into a stipulation before their

pre-hearing date and fails to appear at their pre-hearing or provide notice to the court, then the court

may enter a default judgment against the defendant. In other words, if a defendant “ignores” their

citation, the court can automatically find them guilty of the violation.

o Consequences. A default judgment can include the fine amount due, restitution, suspension

of rights, privileges and licenses, or any other penalty authorized by laws of the Nation.

F. Citation Hearing. If a defendant contests that they committed the violation that resulted in the citation,

then the Court will schedule a hearing within ninety (90) days of the pre-hearing date. In other words,

if the defendant argues that they did not commit the violation or that the citation was issued

inappropriately, the defendant has an opportunity to challenge their citation at a court hearing [8 O.C.

807.6-2].

 Burden of Proof. The burden of proof at a citation hearing is “clear and convincing evidence.” This

means that the Nation must provide evidence “indicating that the [allegation] to be proved is highly

probably or reasonably certain” [see Black’s Law Dictionary].

o Current Standard of Proof. The Nation’s Rules of Civil Procedure state that the standard

of proof for all matters to be decided by the Court shall be proven by a “preponderance of

the evidence” standard, unless specified otherwise [8 O.C. 803.4-8]. “Preponderance of

the evidence” is the burden of proof in most civil trials and means that there is sufficient

evidence that there is a greater than 50% chance that the claim is true.

o Effect. This law sets a higher burden of proof than the Judiciary is currently using for

citation hearings under the laws of the Nation. This means that the Nation and its agencies

(represented by its authorized attorney) will have to meet this higher burden of proof when

a citation is challenged by a defendant. This will only apply to citation hearings. All other

hearings of the court will utilize the “clear and convincing evidence” standard unless

otherwise noted in another law of the Nation.

 Appeals. Anyone who wishes to appeal a judgment of the court may appeal to the Nation’s Court

of Appeals in accordance with the Rules of Appellate Procedure [8 O.C. 807.6-3].

o The Rules of Appellate Procedure state that a notice of appeal must be filed within thirty

(30) days after the Trial Court’s order is rendered [8 O.C. 805.5].

G. Exclusion. This law will not apply to any law of the Nation that delegates hearing authority to a hearing

body other than the Judiciary [8 O.C. 807.7]. The Oneida Land Commission retains hearing authority

for citations issued under two of the Nation’s laws. Therefore, the proposed Citations law will not apply

to citations issued under the following two laws:

 Zoning and Shoreland Protection law [6 O.C. 605].

 Non-Metallic Mining Reclamation law [4 O.C. 402].

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SECTION 6. EXISTING LEGISLATION

A. Which Laws of the Nation will this New Citations Process Apply to? Many laws of the Nation authorize

citations, fines or forfeitures for violations. The intent of the proposed Citations law is to establish a uniform

process that can apply to all of these laws without conflict. Some of these laws were updated after the

creation of the Nation’s Judiciary and conform cleanly with the process in this proposed Citations Law.

However, other laws are decades-old and conform less clearly due to changes in drafting style and the

Nation’s organizational structure over the years. The following charts provide a summary of the Nation’s

laws that authorize citations, fines, forfeitures or penalties and whether the proposed Citations law will

apply.

 Laws that Authorize Citations & Include Judiciary Appeals Process with Timelines. The

following laws of the Nation specifically authorize the issuance of citations and included a process

for contesting citations in the Judiciary Trial Court with required timelines for citations hearings.

The proposed Citations law conforms with these timeframes and adds additional process and

requirements.

o Conclusion: The proposed Citations will apply to any citations issued under the following

laws of the Nation:

Chart 2. Oneida Laws that Authorize Citations & Include Judiciary Appeals Process.

Chapter

Law

Authority to Enforce

Example Violation

304

Domestic Animals

Oneida Police

Dangerous animal;

Department and Oneida

prohibited animal; animal

Conservation

running at large.

406

Hunting,

Fishing Oneida Police

Failure possess license;

and Trapping

Department and Oneida

Failure to tag,

Conservation

Unlawfully

hunting/shooting from a

vehicle.

410

All Terrain Vehicle Oneida Police

Operating all-terrain

Department and Oneida

vehicle in a careless

Conservation

manner, on private

property without consent,

on tribal lands without

consent

Trespassing.

609

Public Use of

Oneida Police

Tribal Land

Department and Oneida

Conservation



Laws that Authorize Citations & Refer to Citations law for Judiciary Appeals Process. The

following laws of the Nation specifically authorize the issuance of citations and state that citations

will be processed in accordance with the procedure contained “in the Nation’s laws and policies

governing citations.” This refers to the proposed Citations law and Judiciary Law Rule No. 1 –

Oneida Trial Court Rules.

o Conclusion: The proposed Citations will to apply to any citations issued under the

following law of the Nation:

Chart 3. Oneida Laws that Authorize Citations & Reference Citations law.

Chapter

Law

Authority to Enforce

Example Violation

308

Curfew

Oneida Police

Minor violating curfew.

Department

219

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

Laws that Authorize “Fines, Penalties and Forfeitures” and Include Judiciary Appeals Process

with Timelines. The following laws of the Nation authorize “fines, penalties or forfeitures” and

include a process for contesting citations in the Judiciary Trial Court with required timelines for

citation hearings. The proposed Citations law conforms with these timeframes and adds additional

process and requirements.

o Conclusion: The proposed Citations law appears to apply to any citations issued under the

following laws of the Nation:

Chart 4. Laws that Authorize Fines and Include Judiciary Appeals Process w/Timelines.

Chapter Law

Authority to Enforce

Example Violation

401

Tribal

Environmental Health,

Violating a compliance

Environmental

Safety and Land Division order issued by Division

Response Law

for discharging hazardous

substance.

404

Well Abandonment

Environmental Health,

Failure to comply within

Law

Safety and Land Division ten (10) days of written

notice of violation.

407

Onsite Waste

Environmental Health,

Failure to correct on-site

Disposal Ordinance Safety and Land Division waste disposal system,

(“Environmental

constituting threat to

Specialist”)

public health.

409

Water Resources

Oneida Conservation

Failure to report

discharging substance to

waters of reservation.



Laws that Authorize Citations and Do Not Include Judiciary Appeals Process. The following

laws of the Nation specifically authorize citations but do not specify a process or timeframe for

how citations may be contested in the Judiciary. The process and timeframes included in the

Citations law will now apply to any citations issued under these laws.

o Conclusion: The proposed Citations law will apply to any citations issued under the

following law of the Nation:

Chart 5. Oneida Laws that Authorize Citations and Do Not Include Judiciary Appeals Process.

Chapter

Law

Authority to Enforce

Example Violation

Improperly dumping

405

Recycling and Solid Oneida Police

solid waste within

Waste Disposal*

Department and Oneida

reservation boundaries

Conservation

*The Recycling and Solid Waste Disposal Law is currently on the LOC’s Active Files List

for amendments.



Laws that Authorize “Fines, Penalties and Forfeitures” and Include Judiciary Appeals Process

without Timelines. The following laws of the Nation authorize “fines, penalties or forfeitures” and

state that appeals may be filed with the Judiciary, but do not specify a process or timeframe for

how those appeals will be handled. It appears that the process and timeframes included in the

Citations law will likely apply to any citations issued under these laws.

o Conclusion: The proposed Citations appears to apply to any citations issued under the

following laws of the Nation:

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Chart 6. Oneida Laws that Authorize Fines and Include Judiciary Appeals Process w/o Timelines

Chapter Law

Authority to Enforce

Example Violation

115

Tobacco

Oneida Police

Selling tobacco products

Department

in violation of the law.

302

Emergency

Oneida Police

Willfully obstruct, hinder

Management and

Department

or delay the

Homeland Security

implementation of

emergency response.

305

Oneida Food

Environmental Health,

Selling food or food

Service Code*

Safety and Land Division products on tribal

and Licensing.

property without a

license.

Performing tattooing or

306

Tattoo and Body

Environmental Health,

Piercing

Safety and Land Division body piercing without a

license.

and Licensing.

701

Marriage

Licensing Department

False statement to obtain

a marriage license.

*The Oneida Food Service Code is currently on the LOC’s Active Files List for amendments.



Laws that Authorize “Fines, Penalties and Forfeitures” and Do Not Include Judiciary Appeals

Process. The following laws of the Nation authorize “fines, penalties and forfeitures” but do not

specify a process or timeframe for how citations may be contested in the Judiciary. It appears that

the process and timeframes included in the Citations law will likely apply to any citations issued

under these laws.

o Conclusion: The proposed Citations law appears to apply to any citations issued under the

following laws of the Nation:

Chart 7. Oneida Laws that Authorize Fines and Do Not Include Judiciary Appeals Process.

Chapter

Law

Authority to Enforce

Example Violation

Impersonating a notary

114

Notary Act

“Official designated by

public.

Oneida Business

Committee.”

408

Sanitation

Utilities Department.

Continuing Violations.

Ordinance



Laws that Authorize Citations but include Land Commission Appeals Process. The following

laws of the Nation authorize citations, but direct that any appeals be filed with the Land

Commission rather than the Nation’s Judiciary. Therefore, the following laws are excluded from

the proposed Citations law [8 O.C. 807.7-1].

o Conclusion: The proposed Citations law will not apply to citations issued under the

following laws of the nation.

Chart 8. Oneida Laws that Authorize Citations and Conflict with Proposed Citations Law

Chapter Law

Authority to Enforce

Example Violation

402

Non-Metallic Mine

Environmental

Health, Violating an order

Reclamation

Safety and Land Division requiring an operator to

or designee.

comply with the law.

605

Zoning and

Zoning Administrator.

Public Nuisance. Failure

Shoreland

to obtain land use permit

Protection

or conditional use permit.

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

Laws that include Penalties but Do Not Fall Under Proposed Citations law. The following laws

of the Nation authorize various alternative penalties for violations of the law, but do not include a

citation process or Judiciary appeals process. It can be reasonably concluded that the following

laws would not fall under the jurisdiction of the proposed Citations law as currently drafted.

o Conclusion: The proposed Citations law does not appear to apply to penalties issued under

the following laws.

Chart 9. Oneida Nation Laws with Other Penalties Where Citations Law Does Not Apply.

Chapter Law

403

Oneida Woodcutting Ordinance

411

Clean Air Policy

505

Motor Vehicle Registration

507

Alcohol Beverage Licensing Law

602

Leasing Law

603

Building Code

B. Laws of the Nation that Authorize Citations with Land Commission Appeals Process. The following

laws of the Nation authorize citations but direct that appeals be heard by the Land Commission rather

than the Judiciary:

 Zoning and Shoreland Protection law [6 O.C. 605]

o Purpose. The purpose of the Zoning and Shoreland Protection law includes establish a

zoning plan for tribal lands, regulate the use of lands and buildings and provide for the

administration and enforcement of this law, among other purposes [3 O.C. 304.1-1].

o Enforcement. Any person who violates any provision of this law, or who shall take any

action on or with respect to any land or structure which is not in compliance with this law,

shall be guilty of a civil infraction and shall be issued a fine in accordance with the schedule

adopted by the Oneida Business Committee upon recommendation of the Land

Commission.

o Appeals. Any person issued a fine under this law may contest the fine by attending a

hearing before the Land Commission. The fine shall specify the date, time and place of the

hearing. The hearing shall take place at least five (5) days after the fine is issued. After the

hearing, the Land Commission shall determine whether the person is responsible for the

fine, as was issued by the Zoning Administrator and may set a new date for when the fine

shall be paid.

o Conclusion. The proposed Citations law states that citation hearings shall be heard in the

Oneida Judiciary, while the Zoning and Shoreland Protection law states that fines issued

under that law must be contested at a hearing of the Oneida Land Commission. Therefore,

this law is excluded from the proposed Citations law [8 O.C. 807.7-1]. The proposed

Citations law will not apply to citations issued under the Zoning and Shoreland Protection

law.

 Non Metallic Mine Reclamation law [4 O.C. 406]

o Purpose. The purpose of the Non-Metallic Mine Reclamation law is to ensure the effective

reclamation of nonmetallic mining sites on which nonmetallic mining takes place within

the boundaries o the reservation [4 O.C. 402.1-1].

o Enforcement. The Oneida Zoning Department or designee may issue a citation to collect

fines to enforce this law, a permit issued pursuant to this law or a reclamation plan approved

under this law.

o Appeals. A person who is subject to a citation issued pursuant to this section shall have

sixty (60) days to either appeal the citation to the Land Commission or review or pay the

fine.

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Conclusion. The proposed Citations law states that citations hearings shall be heard in the

Oneida Judiciary, while the Non-Metallic Mine Reclamation Law states that appeals shall

be heard by the Land Commission. Therefore, this law is excluded from the proposed

Citations law [8 O.C. 807.7-1]. The proposed Citations law will not apply to citations

issued under the Non-Metallic Mine Reclamation law.

C. Laws of the Nation that Authorize Citations. The following laws of the Nation authorize citations, fines

or forfeitures and do not conflict with the proposed Citations law. The provisions of the proposed

Citations law will likely apply to citations issued under any of the following laws:

 Domestic Animals law [3 O.C. 304]

o Purpose. The purpose of the Domestic Animals law is to protect the health, safety, and

welfare of the community set minimum standards for treatment of animals; prohibit certain

species of animals from being brought on the reservation; regulate the keeping of livestock

on lots zoned residential, and establish consequences for damages caused by domestic

animals [3 O.C. 304.1-1].

o Enforcement. The Oneida Police Department and Oneida Conservation Wardens have the

authority to issue citations according to the fine and penalty scheduled developed in

accordance with the Domestic Animals law.

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Domestic Animals law. The new requirements of the proposed Citations law will

now apply to any citations issued under the Domestic Animals law.

 Curfew law [3 O.C. 308]

o Purpose. to protect the health, safety, and welfare of persons and property within the

Reservation by regulating the activities of minors on the Reservation during certain

hours, while imposing certain obligations and responsibilities upon the parents,

guardians, and/or legal custodians of a minor for the control and supervision of that

minor [3 O.C. 308.1-1].

o Enforcement. The Oneida Police Department has the authority to enforce this law and issue

citations to the minor or minor’s parent for curfew violations in accordance with the law

[3 O.C. 308.6].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Curfew law. The new requirements of the proposed Citations law will now apply to

any citations issued under the Curfew law.

 Hunting, Fishing and Trapping law [4 O.C. 406]

o Purpose. The purpose of the Hunting, Fishing and Trapping law is to protect and conserve

wildlife on the reservation and to promote respect among sportsmen and the environment

[4 O.C. 406.1-1].

o Enforcement. The Oneida Police Department and Oneida Conservation Wardens may issue

citations to any person found in violation of the law or corresponding rules. [4 O.C. 406.54 and 406.10].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Hunting, Fishing and Trapping law. The new requirements of the proposed Citations

law will now apply to any citations issued under the Hunting, Fishing and Trapping law.

 All-Terrain Vehicle law [4 O.C. 410]

o Purpose. The purpose of the All-Terrain Vehicle law is to govern the safe use of all-terrain

vehicles within the jurisdiction of the Oneida Reservation to allow enforcement for

protection of the community members and environment [4 O.C. 410.1-1].

o Enforcement. The Oneida Police Department and Oneida Conservation Wardens are

authorized to enforce and take any appropriate action to prevent or remove a violation of

this law. Citations for violations of this law and/or orders issued pursuant to this law

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include sanctions, fines and penalties in accordance with the fine schedule developed in

accordance with the law [4 O.C. 410.6 and 410.7].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the All-Terrain Vehicle law. The new requirements of the proposed Citations law will

now apply to any citations issued under the All-Terrain Vehicle law.

Public Use of Tribal Land law [6 O.C. 609]

o Purpose. The purpose of the Public Use of Tribal Land law is to prevent improper access,

use and trespass to tribal lands [6 O.C. 609.1-1].

o Enforcement. The Oneida Police Department and Oneida Conservation Wardens are

authorized to take any appropriate action to prevent or remove a violation of this law.

Citations for violation of this law may include fines, penalties and other orders in

accordance with the citation schedule applicable to this law [6 O.C. 609.7].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Public Use of Tribal Land law. The new requirements of the proposed Citations law

will now apply to any citations issued under the Public Use of Tribal Land law.

Recycling and Solid Waste Disposal law [4 O.C. 405]

o Purpose. The purpose of the Recycling and Solid Waste Disposal law is to promote the

health, safety and welfare of residents and members of the Oneida Nation through the

establishment of standards necessary to the sanitary and environmentally sound disposal

of recyclable materials [4 O.C. 405.1-1].

o Enforcement. All Oneida Reservation Conservation Enforcement Officers and Police

Officers shall be empowered to enforce the provisions of this law. Any person who violates

a provision of this “ordinance” may be issued a citation by the Oneida Conservation

Warden(s) [4 O.C. 405.12].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Recycling and Solid Waste Disposal law. The new requirements of the proposed

Citations law will now apply to any citations issued under the Recycling and Solid Waste

Disposal law.

Tribal Environmental Response law [4 O.C. 401]

o Purpose. The purpose of the Tribal Environmental Response law is to regulate the

identification, investigation and remediation of discharges of hazardous substances to the

environment, identify sites where discharge has occurred, and eliminate contamination

from and control the threat of discharge of hazardous substances [4 O.C. 401.1-1].

o Enforcement. Any person who does not comply with a compliance order issued by the

Environmental Health, Safety and Land Division may receive a penalty in accordance with

the fine schedule. Any order issued pursuant to this law that is not complied with may be

physically enforced by the Division [4 O.C. 401.10].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Tribal Environmental Response law. The new requirements of the proposed Citations

law will now apply to citations issued under the Tribal Environmental Response law.

Onsite Waste Disposal [4 O.C. 407]

o Purpose. The purpose of the Onsite Waste Disposal law is to establish regulations to ensure

that private onsite sewage treatment systems will fulfill Oneida Tribal goals for improving

environmental health and safety [4 O.C. 407.1-2].

o Enforcement. The Environmental Specialist may issue an Administrative Enforcement

Order when a violation of any provision of this law occurs… the Order shall be given to

the party responsible for the violation and shall state the nature of the violation, possible

penalties for failure to correct, and shall state the right to contested the matter with the

Oneida Judiciary [4 O.C. 407.7-1].

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Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Onsite Waste Disposal law. The new requirements of the proposed Citations law will

now apply to any citations issued under the Onsite Waste Disposal law.

Water Resources [4 O.C. 409]

o Purpose. The purpose of the Water Resources law is to grant necessary powers and to

organize a comprehensive program under a single tribal department for the enhancement

of the quality management and protection of all waters of the Reservation, ground and

surface, public and private [4 O.C. 409.1-2].

o Enforcement. The Oneida Conservation Department shall enforce this law, and all rules

and orders issued by the Department [4 O.C. 409.6-3].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Water Resources law. The new requirements of the proposed Citations law will now

apply to any citations issued under the Water Resources law.

Emergency Management and Homeland Security law [3 O.C. 302]

o Purpose. The purpose of the Emergency Management and Homeland Security law is to

provide for the development and execution of plans for the protection of residents, property

and the environment in an emergency or disaster [3 O.C. 302.1-1].

o Enforcement. Violators of this law may be subject to a fine of not more than two hundred

dollars ($200) per violation to be issued by the Oneida Police Department [3 O.C. 302.9].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Emergency Management and Homeland Security law. The new requirements of the

proposed Citations law will now apply to any citations issued under the Emergency

Management and Homeland Security law.

Oneida Food Service Code [3 O.C. 305]

o Purpose. The purpose of the Oneida Food Service Code is to protect and preserve the safety

of Oneida Nation citizens and others within its jurisdiction in conjunction with the most

current United States Public Health Service Food Code [3 O.C. 305.1-1].

o Enforcement. In addition to the suspension or closing down of a business that violates the

law, a food service vendor who violates any provision of the code shall forfeit not less than

five dollars ($5) nor more than five hundred dollars ($500) upon conviction. Environmental

Health, Safety and Land Division, Licensing Department and Oneida Police Department

have authority to enforce various provisions of this law.

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the current Oneida Food Service Code. The new requirements of the proposed Citations

law will appear to apply to any citations issued under the Oneida Food Service Code.

Tattoo and Body Piercing [3 O.C. 306]

o Purpose. The purpose of the Tattoo and Body Piercing law is to regulate tattooists, tattoo

establishments, body piercers and body piercing establishments under the jurisdiction of

the Tribe in order to protect public health and safety [3 O.C. 306.1-1].

o Enforcement. Environmental Health and Safety Division and Licensing Department [3

O.C. 306.13].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Tattoo and Body Piercing law. The new requirements of the proposed Citations law

appear to apply to any citations issued under the Tattoo and Body Piercing law.

Tobacco law [1 O.C. 115]

o Purpose. The purpose of the Tobacco law is to regulate the sale, possession and distribution

of cigarettes within the Reservation [1 O.C. 115].

o Enforcement. Violators subject to the jurisdiction of the Nation shall be subject to a fine of

not more than ten dollars ($10) per pack of un-stamped cigarettes to be issued by the Oneida

Police Department and paid to the Nation [1 O.C. 115.8-1].



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Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Tobacco law. The new requirements of the proposed Citations law will now apply

to any citations issued under the Tobacco law.

 Marriage law [7 O.C. 701]

o Purpose. The purpose of the Marriage law is to exercise the sovereign right of the Oneida

Nation to regulate the rights and responsibilities relating to marriages [7 O.C. 701.1-1].

o Enforcement. The Department shall promulgate rules that establish a fine schedule for

persons who violate this law [7 O.C. 701.7-1].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Marriage law. The new requirements of the proposed Citations law appear to apply

to any citations issued under the Marriage law.

 Notary Act [1 O.C. 114]

o Purpose. The purpose of the Notary Act is to promote, serve and protect the public interest

and to simplify, clarify and modernize the law governing notaries [1 O.C. 114.1-2].

o Enforcement. A notary who knowingly and repeatedly performs or fails to perform

any act prohibited or mandated, respectively, by this Act shall forfeit not less than $50.00

nor more than $500.00… Any and all of the sections of this Act may be enforced by an

official designated by the Oneida Business Committee for separate issues, or for all issues

[1 O.C. 114.6-4 – 114.6-9].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in the Notary Act law. The new requirements of the proposed Citations law appear to apply

to any citations issued under the Notary Act.

 Sanitation Ordinance [3 O.C. 306]

o Purpose. The purpose of the Sanitation Ordinance is to assure that any water and sanitary

utilities that are developed within the jurisdiction of the Oneida Tribe shall be operated and

maintained in a manner that is fiscally responsible, responsive to customer needs,

environmentally safe and governmentally functional [4 O.C. 408].

o Enforcement. Any person who shall continue any violation beyond the time limit provided

for in sec. (b) may be assessed a fine of not more than $250.00 [4 O.C. 408.11].

o Conclusion. The proposed Citations law does not conflict with the enforcement provisions

in Sanitations Ordinance. The new requirements of the proposed Citations law appear to

apply to any citations issued under the Sanitation Ordinance law.

D. References to Other Laws. The following laws of the Nation are referenced in the Citations law. The

proposed Citations law does not conflict with any of the referenced laws.

 Garnishment law. The defendant’s failure to satisfy a fine and/or restitution may result in per

capita attachment, wage garnishment and/or other collection processes available to the Court [8

O.C. 807.6-2(d)].

 Per Capita law. The defendant’s failure to satisfy a fine and/or restitution may result in per capita

attachment, wage garnishment and/or other collection processes available to the Court [8 O.C.

807.6-2(d)].

 Rules of Appellate Procedure. Any person wishing to contest the determination of the Court may

appeal to the Nation’s Court of Appeals in accordance with the Rules of Appellate Procedure [8

O.C. 807.6-3].

E. Existing Judiciary Rules. The Oneida Business Committee recently adopted Judiciary law Rule #1 –

Oneida Trial Court Rules. This new rule, developed by the Judiciary and adopted by the Oneida

Business Committee on September 25, 2019, includes procedures for how citation hearings are held at

the Judiciary [8 O.C. 801 Judiciary law Rule #1 – 1.17 Citation Hearings].

 Conclusion. The proposed Citations law does not conflict with the citation hearing procedures in

Judiciary Law Rule No. 1 – Oneida Trial Court Rules.

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SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS

A. Effect on Existing Rights. The proposed Citations law protects due process rights by:

 Requiring that all citations be properly noticed, including a notice of the defendant’s rights and

privileges, hearing dates and information;

 Ensuring that defendants have the right to contest their citations in the Nation’s Judiciary;

 Establish a formal process for stipulations that require defendants to acknowledge that they are

waiving their rights to contest the citation in court and sign a statement that they enter into the

agreement free of duress and coercion.

SECTION 8. ENFORCEMENT AND ACCOUNTABILITY

Enforcement. Each law of the Nation typically includes an “enforcement” section which gives

authority to a specific agency or department to enforce the law. Most laws of the Nation are enforced

by the Oneida Police Department or Conservation Wardens. For more information, see “Section 6:

Existing Legislation.”

SECTION 9. OTHER CONSIDERATIONS

A. Current Citation Data. The following data is provided for information:

 Oneida Police Department (September 2018 – August 2019)

o Nineteen (19) Domestic Animals citations issued in the past year. The most common

citations were “mistreatment of animals” and “animal running at large.”

o The department did not report issuing citations under any other laws of the Nation.

o Source: Email communication with OPD (9/9/19).

 Oneida Conservation Wardens

o Oneida Police Department reported that Conservation has no citations issued over the past

year.

o Source: Email communication with OPD (9/11/19).

B. Laws in Progress that Include Citations. At the time this analysis was drafted, the LOC is actively

working on drafting or amending the following laws which include citations:

 The Oneida Food Service Code and Recycling and Solid Waste Disposal law are both on the LOC’s

Active Files List for amendments.

C. Fiscal Impact. A fiscal impact statement has not yet been requested.

 Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

emergency legislation [1 O.C. 109.6-1].

 A fiscal impact statement shall be submitted by agencies as directed by the Legislative Operating

Committee and may be prepared by any agency who may receive funding if the legislation is

enacted; who may administer a program if the legislation is enacted; who may have financial

information concerning the subject matter of the legislation; or by the Finance Office, upon request

of the Legislative Operating Committee [1 O.C. 109.6-1(a) and (b)].

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Title 8. Judiciary - Chapter 807

Kayanl^sla Ol$=wa>

Laws of issues/matters

CITATIONS

807.1. Purpose and Policy

807.2. Adoption, Amendment, Repeal

807.3. Definitions

807.4. Commencement of a Citation Action

807.5. Stipulations

807.6. Hearing Procedure

807.7. Exclusion

807.1. Purpose and Policy

807.1-1. Purpose. The purpose of this law is to provide a process that governs all citations that fall

under the jurisdiction of the Oneida Nation.

807.1-2. Policy. It is the policy of the Nation to provide a consistent process for handling citations

of the Nation in order to ensure equal and fair treatment to all persons who come before the

Judiciary to have their citations resolved.

807.2. Adoption, Amendment, Repeal

807.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.

807.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

807.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

807.2-4. 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.

807.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

807.3. Definitions

807.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Authorized attorney” means an attorney of the Nation who represents the department

or entity of the officer who issued the citation.

(b) “Citation” means a legal document that serves as a notice or summons to appear in a

court of the Nation in response to a charge against an individual of a violation of law.

divisions of the Nation’s Judiciary created by a law of the Nation which have been granted

jurisdiction to hear matters of citations.

(d) “Court of Appeals” means the branch of the Nation’s Judiciary delegated the authority

of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal

Council resolution GTC-03-19-17-A.

(e) “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-A.

(f) “Nation” means the Oneida Nation.

8. O.C. 807 – Page 1

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(g) “No contest” means a plea by which a defendant will accept the charged violation of