# Oneida Business Committee (2019)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A472ba20c4e1f4469

## Record

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

## Text

1 of 169

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.
I.

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

V.

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.

2 of 169

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
I.

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.
r'\.
OOODDD=
A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of October 02, 2019
Page 1 of 3

ONEIDA

3 of 169

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

V.

Additions

VI.

Administrative Items

VII.

Executive Session

Legislative Operating Committee Meeting Minutes of October 02, 2019
Page 2 of 3

4 of 169

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

5 of 169

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.

Page 1 of 2

6 of 169

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

7 of 169

Draft 2 (Redline to Draft 1)
2019 10 16
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

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34

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.
(c) “Court” means the Nation’s Trial Court, Family Court, or any other specific courts or
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

8 of 169

Draft 2 (Redline to Draft 1)
2019 10 16
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81

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.
(c) The enrollment number and/or license number of the defendant, if applicable.
(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

9 of 169

Draft 2 (Redline to Draft 1)
2019 10 16
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128

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.
(c) Service by Publication. If after a showing of due diligence personal service and mail
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

10 of 169

Draft 2 (Redline to Draft 1)
2019 10 16
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175

the defendant shall comply with;
(c) A statement that by entering into the stipulation the defendant is admitting that he or
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.
(c) If a person wishes to contest the citation, the person shall provide notice to the Court
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

11 of 169

Draft 2 (Redline to Draft 1)
2019 10 16
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209

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.
(c) A defendant who fails to satisfy a lawful order of the Court shall be subject to
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

12 of 169

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.

13 of 169

Analysis to Draft 2
2019 10 16

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
1
2
3
4
5
6
7
8
9
10
11
12

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.

Page 1 of 15

14 of 169

Analysis to Draft 2
2019 10 16
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60

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.

Page 2 of 15

15 of 169

Analysis to Draft 2
2019 10 16
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86

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

Page 3 of 15

16 of 169

Analysis to Draft 2
2019 10 16
87

88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114

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.

Page 4 of 15

17 of 169

Analysis to Draft 2
2019 10 16
115

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

116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140

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

Page 5 of 15

18 of 169

Analysis to Draft 2
2019 10 16
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190

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].

Page 6 of 15

19 of 169

Analysis to Draft 2
2019 10 16
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208

209
210
211
212
213
214
215
216
217
218

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

Page 7 of 15

20 of 169

Analysis to Draft 2
2019 10 16
220
221
222
223
224
225
226
227
228

229
230
231
232
233
234
235
236
237

238
239
240
241
242
243
244
245
246
247
248
249
250



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:

Page 8 of 15

21 of 169

Analysis to Draft 2
2019 10 16
251

252
253
254
255
256
257
258
259
260
261
262

263
264
265
266
267
268
269
270
271

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.

Page 9 of 15

22 of 169

Analysis to Draft 2
2019 10 16
272
273
274
275
276
277
278
279

280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314



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.

Page 10 of 15

23 of 169

Analysis to Draft 2
2019 10 16
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363

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
o

Page 11 of 15

24 of 169

Analysis to Draft 2
2019 10 16
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412









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].

Page 12 of 15

25 of 169

Analysis to Draft 2
2019 10 16
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462

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].
o











Page 13 of 15

26 of 169

Analysis to Draft 2
2019 10 16
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512

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.
o

Page 14 of 15

27 of 169

Analysis to Draft 2
2019 10 16
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552

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
A.

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)].

Page 15 of 15

28 of 169

Draft 2 – PM Draft
2019 11 22
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

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

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.
(c) “Court” means the Nation’s Trial Court, Family Court, or any other specific courts or
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

29 of 169

Draft 2 – PM Draft
2019 11 22
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84

(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.
(c) The enrollment number and/or license number of the defendant, if applicable.
(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:
(1) 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
(2) 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
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
8. O.C. 807 – Page 2

30 of 169

Draft 2 – PM Draft
2019 11 22
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131

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.
(c) Service by Publication. If after a showing of due diligence personal service and mail
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.
807.4-6. 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
the defendant shall comply with;
(c) A statement that by entering into the stipulation the defendant is admitting that he or
she committed the act for which the citation was issued or is entering a plea of no contest
8. O.C. 807 – Page 3

31 of 169

Draft 2 – PM Draft
2019 11 22
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178

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.
(c) If a person wishes to contest the citation, the person shall provide notice to the Court
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
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.
8. O.C. 807 – Page 4

32 of 169

Draft 2 – PM Draft
2019 11 22
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209

(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.
(c) A defendant who fails to satisfy a lawful order of the Court shall be subject to
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

33 of 169

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

Legislative Operating Committee
October 16, 2019

Oneida Environmental Resource Board
Bylaws Amendments
Submission Date: 10/03/18
LOC Sponsor: David P. Jordan

Public Meeting: n/a
Emergency Enacted: n/a
Expires: n/a

Summary: On September 26, 2018, the Oneida Business Committee (“OBC”) adopted the
Boards, Committees and Commissions law (“Law”) through resolution BC-09-26
-18-C titled, Amendments to the Comprehensive Policy Governing Boards,
Committees and Commissions. Per Section 105.10 of the Law, within a reasonable
time after its adoption, all existing boards, committees and commissions of the
Nation must present bylaws for adoption that comply with the format and contain
the minimal amount of information prescribed in the Law. In resolution BC-09-26
-18-C, the OBC gave the Nation’s boards, committees and commissions six (6)
months from the date of the Law’s adoption to present their bylaws. The OBC
further directed that, within thirty (30) days of the Law’s adoption, the Legislative
Reference Office hold at least two (2) informational bylaws meetings with the
boards, committees and commissions for purposes of: (1) providing them with an
update on the revised bylaws requirements that resulted from the Law’s adoption;
(2) providing them with a template for the development of their revised bylaws;
and (3) offering them any assistance in the development and drafting of their
revised bylaws.
10/3/18 LOC: Motion by Ernest Stevens III to add Environmental Resource Board By-Laws
Amendments to the active files list; Seconded by Kirby Metoxen. Motion carried.
10/17/18:

Informational Meeting. Present: Jennifer Falck, Kristen M. Hooker, Maureen Perkins,
Jennifer Webster, Dale Webster (ONCOA), Marlene Summers (ONCOA), Lois
Strong (ONCOA), Sandra Reveles (OPC), Carol Silva (OPC), Brook Doxtator
(OBCSO), Bonnie Pigman (OTEC), Chad Wilson (ERB), Dylan Benton (OTEC/
Library), Chris Cornelius (OLC). Per resolution BC-09-26-18-C, adopting the
amendments to the Comprehensive Policy Governing Boards, Committees and
Commissions (n/k/a Boards, Committees and Commissions law), the LRO was
directed to hold two (2) informational meetings for the Nation’s boards, committees
and commissions to provide them with: (1) an update on the new bylaws requirements
mandated by the Boards, Committees and Commissions law; (2) a template for the
boards, committees and commissions to use when revising their respective bylaws;

34 of 169

and (3) assistance to the boards, committees and commissions in the development and
drafting of their bylaws. This was the first of the two informational meetings.
10/24/18:

Informational Meeting. Present: Jennifer Falck, Kristen M. Hooker, Maureen Perkins,
Clorissa Santiago, Donald McLester (OLC), Chris Cornelius (OLC), Ronald King, Jr.
(PFSC), Jeanette Ninham (PFSC), Vicki Cornelius (OEB & Pow-wow), Bonnie
Pigman (OTEC), Lisa Liggins (School Board & OTEC), Rochelle Powless (ONCOA),
Terry Hetzel (HRD), Patty Hoeft (Oneida Law Office), Brooke Doxtator (OBCSO),
Arthur Elm (SEOTS), Diane Hill (SEOTS). Per resolution BC-09-26-18-C, adopting
the amendments to the Comprehensive Policy Governing Boards, Committees and
Commissions (n/k/a Boards, Committees and Commissions law), the LRO was
directed to hold two (2) informational meetings for the Nation’s boards, committees
and commissions to provide them with: (1) an update on the new bylaws requirements
mandated by the Boards, Committees and Commissions law; (2) a template for the
boards, committees and commissions to use when revising their respective bylaws;
and (3) assistance to the boards, committees and commissions in the development and
drafting of their bylaws. This was the second of the two informational meetings.

1/31/19:

LOC Work Meeting. Present: Jennifer Falck, Kristen M. Hooker, Maureen Perkins,
David P. Jordan, Daniel Guzman-King, Kirby Metoxen, Jennifer Webster. The
purpose of this meeting was to discuss the progress, in general, of the Nation’s boards,
committees and commissions on getting their bylaws amended and their likelihood of
meeting the March 26, 2019 deadline set forth in resolution BC-09-26-18-C to present
their bylaws to the Oneida Business Committee for adoption. Based on the discussion,
a decision was made to have the LOC draft a memorandum to the Oneida Business
Committee seeking an extension of the March 26, 2019 deadline for all boards,
committees and commissions to present their bylaws amendments to the Oneida
Business Committee for adoption.

2/6/19 LOC: Motion by Jennifer Webster to approve the memorandum from Chairman David P.
Jordan to the Oneida Business Committee seeking an extension of the March 26, 2019
bylaws amendments deadline and to forward the memorandum to the Oneida Business
Committee to be placed on the February 13, 2019 Oneida Business Committee
meeting agenda for consideration; Seconded by Kirby Metoxen. Motion carried.
2/22/19:

OBC Work Session. Present: Jennifer Falck, Kristen M. Hooker, Lisa Summers,
Daniel Guzman-King, Jennifer Webster, Tehassi Hill, Brandon Stevens, Trish King,
David P. Jordan, Kirby Metoxen. The purpose of this meeting was to discuss the
February 13, 2019 memo from the LOC Chairman to the OBC regarding Amendments
to Boards, Committees and Commissions By-Laws Timeline in which it requested an
extension of the deadline for submitting bylaws to the OBC for adoption. During the
meeting, the LRO Staff Attorney assigned this item provided a status update on the
progress of the boards, committees and commissions on the amending of their bylaws
to comply with the Boards, Committees and Commissions law within the six (6)
month deadline imposed by resolution BC-09-26-18-C. The OBC decided not to grant
an extension of the six (6) month deadline. Instead, the OBC directed the LRO to
continue pushing the bylaws forward and to return to the March 19, 2019 OBC work

Page 2 of 4

35 of 169

session to provide a progress report on the boards, committees and commissions’
bylaws amendments.
3/14/19:

LOC Work Meeting. Present: Kirby Metoxen, David P. Jordan, Jennifer Webster,
Ernest Stevens III, Lisa Summers, Kristen M. Hooker, Clorissa Santiago, Jennifer
Falck, Maureen Perkins. The purpose of this work meeting was to discuss the BC’s
decision to defer the bylaws amendments that appeared on its March 13, 2019 meeting
agenda, along with its directive to have all bylaws brought back to a BC work session
for further consideration before being added to a BC agenda for possible adoption.
The next step is for the LRO drafting attorney to attend the BC work session on March
19, 2019 to facilitate the review.

3/19/19:

OBC Work Session. Present: Lisa Summers, Patricia King, Brandon Stevens, David P.
Jordan, Daniel Guzman-King, Jo Anne House, Jennifer Falck, Clorissa Santiago,
Kristen M. Hooker, Lisa Liggins, Cathy Bachhuber. The purpose of this OBC work
session was for the Legislative Reference Office Staff Attorney to provide the OBC
with a status update on the progress made by the boards, committees and commissions
on the amending of their bylaws to conform to the Boards, Committees and
Commissions law. Based on the update and the discussion that followed, the OBC: (1)
decided to grant an exception to the March 26, 2019 deadline set forth in resolution
BC-09-26-19-C for the Nation’s boards, committees and commissions to present their
bylaws to the OBC for adoption; and (2) directed the LRO to draft a memo for the
next LOC meeting to be forwarded to the OBC indicating the same.
*During its subsequent review of the Oneida Gaming Commission’s proposed
bylaws amendments, the OBC decided to add the following requirements to all
of the boards, committees and commissions’ bylaws amendments: (1) that, the
recommendations for termination be by a majority vote of the members in
attendance at the entity’s meeting of an established quorum; (2) that, notice of
meetings be provided to all members of an entity without exception (per
request of LOC that all meetings be duly called); (3) that, the sign-off level for
all entities, not assigned a specific level therein, be the same as the Area
Director/Enterprise Director level set forth in the Nation’s purchasing
manual, and that, two (2) of the entity’s Officers be required to sign-off on all
such purchases; (4) that, under the “Selection of Officers” section, a provision
be added (as its own separate subsection) to allow members to be dismissed
(not removed as initially proposed) from their Officer positions by a simple
majority vote of the entity; (5) that, entities review their bylaws each time a
vacancy is filled by a new member; (6) that, stipend amounts not be listed in
the entity’s bylaws; and (7) that, assuming its adoption, the resolution
governing joint meetings be referenced in the joint meeting section of the
entity’s bylaws.

3/20/19 LOC: Motion by Ernest Stevens III to approve the Boards, Committees and Commissions
Bylaws Update Memo and forward to the Oneida Business Committee; Seconded by
Daniel Guzman-King. Motion carried.
3/27/19 OBC: Motion by Lisa Summers to grant the seventeen (17) entities that have begun the
process of amending their bylaws to conform to the Boards, Committees and
Page 3 of 4

36 of 169

Commissions law, an exception to the March 26, 2019, deadline set forth in resolution
BC-09-26-18-C for presenting bylaws amendments to the Business Committee for
adoption; Seconded by David P. Jordan. Motion carried.
4/16/19:

OBC Work Session. Present: Daniel Guzman-King, David P. Jordan, Trish King,
Brandon Stevens, Ernie Stevens III, Lisa Summers, Jo Anne House, Lisa Liggins,
Kristen M. Hooker, Clorissa Santiago. The purpose of this OBC work session was to
review the Election Board’s bylaws amendments. During this meeting, the OBC also
decided that all boards, committees and commissions must add the word “titled” next
to the name of the purchasing manual they are required to reference in the “sign-off”
section of their bylaws to provide clarification on why the term “Oneida Tribe of
Indians” is being used instead of the “Nation”.

4/17/19:

LOC Work Meeting. Present: Kristen M. Hooker, Kirby Metoxen, Maureen Perkins,
Jennifer Falck, David P. Jordan, Ernie Stevens III, Daniel Guzman-King. The purpose
of this meeting was for the LOC to go through the Environmental Resources Board’s
proposed bylaws amendments, as reviewed and revised by the LRO Staff Attorney, to
flag any policy issues that the LOC felt warranted further discussion/vetting at a future
OBC work session. This was done in accordance with a directive from the OBC on
February 27, 2019 that all bylaws be reviewed by the OBC during an OBC work
session to consider the policy issues flagged by the LOC before being added to an
OBC meeting agenda for formal presentation and possible adoption.

5/1/19:

LOC Work Meeting. Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III,
Jennifer Webster, Kristen M. Hooker, Brandon Wisneski, Jennifer Falck, Clorissa
Santiago, Maureen Perkins. The purpose of this meeting was to discuss some of the
hurdles the LRO has encountered under the current bylaws amendments process and
to consider whether a more efficient process should be implemented to get the
Nation’s boards, committees and commissions’ bylaws amendments before the
Oneida Business Committee for adoption.

7/29/197/30/19:

OBC Work Session. Present: Daniel Guzman-King, David P. Jordan, Trish King,
Brandon Stevens (7/29 only), Ernest Stevens III, Kirby Metoxen, Jennifer Webster,
Tehassi Hill (7/29 only), Kristen Hooker, Jennifer Falck, Maureen Perkins (7/29 only),
Brooke Doxtator, Laura Laitinen-Warren. The purpose of this work session was to
provide the OBC an opportunity to review and consider all drafts of the boards,
committees and commissions’ bylaws amendments in advance of being added to the
OBC agenda for formal consideration and possible adoption.

9/25/19 OBC: Motion by David P. Jordan to approve an across-the-board change to the bylaws to
include the Oneida Business Committee Support Office as the entity that signs off on
stipends, business reimbursements, and per diem; Seconded by Jennifer Webster.
Motion carried.
Next Steps:
▪ Accept the Oneida Environmental Resource Board’s Bylaws Amendments.
▪ Forward the Oneida Environmental Resource Board’s Bylaws Amendments to the Oneida
Business Committee for consideration.
Page 4 of 4

37 of 169

Proposed Draft
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

ONEIDA ENVIRONMENTAL RESOURCE BOARD BYLAWS
Article I. Authority
1-1. Name.
The Oneida Environmental Resource Board is the official name of this
entity. For the purpose of these bylaws, the Oneida Environmental Resource
Board may hereinafter be referred to as the ERB.
1-2.

Establishment. The Oneida Environmental Resource Board, formerly known as the Oneida
Conservation Board, was established through resolution BC-02-22-85-B
pursuant to the authority delegated to the Oneida Business Committee under
Article IV, Section 1(g) of the Constitution of the Oneida Nation and the
Oneida Nation’s inherent sovereign power to protect the political integrity,
economic security, health and welfare of its members, and its territory. The
purpose for the ERB’s establishment was later expanded upon by the
Oneida Business Committee in resolution BC-09-16-86-A.

1-3.

Authority.

(a)

(b)
(c)

Through its establishment, the ERB was delegated authority to supervise
and regulate the Nation’s conservation resources and the environment of the
Oneida Reservation.
The ERB shall be responsible for the oversight, compliance, and/or
development of conservation and environmental laws, practices and/or
policies for the Oneida Nation that relate to including, but not be limited to:
(1)
hunting and fishing;
(2)
conservation, reforestation, parks/wildlife, and recreation;
(3)
environmental protection and improvement;
(5)
community education; and
(6)
enforcement.
The ERB shall monitor environmental problems on the Oneida Reservation.
The ERB shall carry out all other powers and/or duties delegated through
the laws, policies, rules and resolutions of the Nation, including, but not
limited to, the Hunting, Fishing and Trapping law; the Water Resources
law; the All-Terrain Vehicle law; the Well Abandonment law; the Public
Use of Tribal Land law; and the Domestic Animals law.

1-4.

Office.

The official office of the ERB shall be located within the exterior
boundaries of the Oneida Reservation, and its mailing address shall be:
The Oneida Environmental Resource Board
P.O. Box 365
Oneida, Wisconsin 54155

1-5.

Membership.
(a)
Number of Members. The ERB shall consist of nine (9) members.
(b)
Appointment. The ERB members shall be appointed by the Oneida Business
Committee, in accordance with the Boards, Committees and Commissions
law, to three (3) year terms which shall be staggered.
Page 1 of 10

38 of 169

Proposed Draft
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89

(1)

(c)

(d)

The ERB shall review application materials and, per a decision by
majority vote of the members in attendance at an ERB meeting of
an established quorum, the ERB Chairperson shall provide the
Oneida Business Committee with recommendations for
appointment from among the qualified applicants by the executive
session in which appointments are intended to be made.
Vacancies. The ERB shall fill vacancies through appointment by the Oneida
Business Committee in accordance with the Boards, Committees and
Commissions law.
(1)
A position on the ERB shall be considered vacant in any of the
following situations:
(A)
End of Term. A vacancy is effective as of 4:30 p.m. on the
last day of the month in which the term ends.
(i)
Although a member’s position is considered vacant
once his or her term ends, that member may remain
in office until a successor has been sworn in by the
Oneida Business Committee in an effort to prevent a
discontinuation of business or a loss of quorum for
the ERB.
(B)
Termination of Appointment. An ERB member may have his
or her appointment terminated by the Oneida Business
Committee in accordance with the Boards, Committees and
Commissions law.
(i)
The ERB may make recommendations to the Oneida
Business Committee for termination of a member’s
appointment by a majority vote of the members
present at an ERB meeting of an established quorum.
(C)
Resignation. A member may resign at any time verbally at a
meeting or by delivering written notice to the Oneida
Business Committee Support Office and the ERB Chairperson or Chairperson’s designee. The resignation is deemed
effective upon:
(i)
Deliverance of the written notices to the Oneida
Business Committee Support Office and to the ERB
Chairperson or Chairperson’s designee; or
(ii)
Acceptance by motion of the ERB of the member’s
verbal resignation.
Qualifications of Members. Members of the ERB shall meet the following
qualifications:
(1)
Be an enrolled member of the Nation;
(2)
Be a resident of Brown or Outagamie County;
(3)
Be 18 years of age or older;
(4)
Unless pardoned under the Nation’s Pardon and Forgiveness law,
not have a felony on his or her record;

Page 2 of 10

39 of 169

Proposed Draft
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135

(5)

(6)

Applicants that possess a degree in either environmental sciences or
environmental law/policy; have sportsmen’s experience and/or have
a back-ground in Oneida culture shall be given preference; and
Not be employed by the Oneida Environmental, Health, Safety, and
Land Division.

1-6.

Termination. Upon a majority vote of the members in attendance at an ERB meeting of
an established quorum, the ERB may make a recommendation to the Oneida
Business Committee that it terminate the appointment of an ERB member
pursuant to the Boards, Committees and Commissions law for any of the
following reasons:
(a)
Unexcused absences from more than three (3) meetings or other mandatory
events of the ERB within one (1) year.
(1)
An ERB member will be deemed unexcused if he or she fails to
provide written notification of the pending absence to an Officer at
least thirty (30) minutes before the missed meeting/mandatory
event.
(b)
Violation of any laws of the Nation, these bylaws or any other policy
governing members of the ERB.
(c)
Failure to maintain qualifications to be an ERB member.
(d)
Failure to act within the scope of a member or Officer of the ERB.
(e)
Failure to complete all training mandated by section 1-7 of these bylaws
within the time allowed for completion or within any extension of time
granted thereunder.

1-7.

Trainings and Conferences.
(a)
All ERB members, within one (1) year after being appointed to the ERB,
shall participate in mandatory training as follows:
(1)
Environmental Law - Two (2) hours, which shall include the
Nation’s laws and procedures.
(2)
Legal Writing – Two (2) hours, which shall include environmental
and conservation law drafting.
(3)
Professional Ethics - Two (2) hours of training, including issues of
confidentiality.
(4)
Robert’s Rules of Order.
(b)
The ERB may, at its discretion, extend the time allowed for completion of
any and all required training of a member for good cause shown.
(c)
Regardless of the number of trainings/conferences that he or she is required
to attend, no member of the ERB shall be eligible to receive stipends for
attending more than five (5) full days of mandatory trainings/conferences
per year.

Article II. Officers
2-1. Officers.

The ERB shall have three (3) Officer positions consisting of a Chairperson,
a Vice-Chairperson and a Secretary.
Page 3 of 10

40 of 169

Proposed Draft
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181

2-2.

Responsibilities of the Chairperson. The responsibilities, duties and limitations of the
Chairperson shall be as follows:
(a)
To preside over all meetings of the ERB.
(b)
To, either personally or through a designee, meet with the ERB liaison from
the Oneida Business Committee as the official spokesperson of the ERB.
(c)
To, with the help of the ERB Secretary, schedule or reschedule meetings of
the ERB as deemed necessary.
(d)
To submit, or through a designee have submitted, annual and semi-annual
reports to the Oneida General Tribal Council, as well as quarterly reports to
the Oneida Business Committee, in accordance with the Boards,
Committees and Commissions law.
(e)
To attend, or designate an ERB member to attend, the Oneida Business
Committee meeting in which the ERB’s quarterly report appears on the
agenda.

2-3.

Responsibilities of the Vice-Chairperson. The responsibilities, duties and limitations of the
Vice-Chairperson shall be as follows:
(a)
In the absence of the Chairperson, to preside over all meetings of the ERB
and carry out all other functions of the Chairperson as specified in section
2-2 of these bylaws.

2-4.

Responsibilities of the Secretary. The responsibilities, duties and limitations of the
Secretary shall be as follows:
(a)
Subject to the limitations set forth herein, in the absence of the Chairperson
and Vice-Chairperson, to carry out all functions of the Chairperson as
specified in section 2-2 of these bylaws.
(1)
The Secretary’s authority to call and/or preside over meetings of the
ERB shall be limited as follows:
(A)
In the event that both the Chairperson and Vice-Chairperson
positions become vacant before the end of their terms, the
Secretary shall be allowed to call meetings of the ERB to fill
the vacancies and preside over those meetings for the sole
purpose of appointing new Officers, at which point the
Chairperson, or Vice-Chairperson in the absence of the
Chairperson, shall preside.
(b)
To inform ERB members of the time and place of each meeting and the
trainings/conferences that they are required to attend in the manner required
by these bylaws.
(c)
To schedule ERB member trainings/conferences as specified in section 1-7
(a) of these bylaws.
(d)
To attend all meetings to record and create accurate minutes of the
proceedings.
(1)
If the Secretary is unable to attend a meeting, it is his or her
responsibility to find a replacement prior to the meeting and to notify
the Chairperson or Chairperson’s designee who the replacement is
that will accurately record the proceedings in place of the Secretary.
Page 4 of 10

41 of 169

Proposed Draft
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227

(e)

(f)

(g)
(h)

(i)

To provide notice on the Nation’s calendar of when and where each regular
and emergency meeting will be held no less than two (2) business days prior
to the meeting and further provide notice of the meeting agenda, documents
and minutes in accordance with these bylaws and the Nation’s Open
Records and Open Meetings law.
To prepare, as well as make available in writing to all members, the agenda,
minutes and any documents to be reviewed by the ERB at an upcoming
meeting no less than two (2) business days prior to the meeting.
To type the minutes from all regularly scheduled and emergency meetings
and make them available to all ERB members.
To forward the ERB meeting minutes to the Oneida Business Committee
Support Office in accordance with these bylaws upon their approval by the
ERB.
Except for the limited ability to call and/or preside over meetings of the
ERB under subsection (a)(1)(A) of this section, the Secretary may select a
designee to complete his or her duties when necessary.

2-5.

Selection of Officers. Officers of the ERB shall be elected for one (1) year terms by majority
vote of the members present at the ERB meeting of an established quorum
held on the first Thursday in the month of August.
(a)
Any ERB member may nominate any other ERB member for an Officer
position.
(1)
A nominee shall be asked by the Chairperson whether he or she
accepts or declines the nomination.
(2)
The Chairperson shall close the nominations for each Officer
position by a majority vote of the ERB members in attendance at the
meeting of the established quorum.
(b)
The Chairperson shall be elected first, the Vice-Chairperson second, and the
Secretary shall be elected last.
(1)
The newly elected Officers shall take office at the next meeting of
the ERB.
(c)
ERB members may be dismissed from their Officer positions by majority
vote of the members in attendance at an ERB meeting of an established
quorum.
(d)
An ERB member may attempt to win election to any or all offices, but upon
accepting one (1) Officer position, may not be nominated to another Officer
position or serve in more than one (1) Officer position per Officer term.

2-6.

Budgetary Sign-Off Authority and Travel. The ERB shall follow the Nation’s policies and
procedures regarding purchasing and sign-off authority.
(a)
Levels of budgetary sign-off authority for the ERB shall be as set forth in
the manual titled, Oneida Tribe of Indians of Wisconsin Purchasing Policies
and Procedures, for Area Directors/Enterprise Directors.
(1)
ERB Officers shall have and be of an equal sign-off authority level.
(2)
Two (2) ERB Officers shall be required to sign-off on all budgetary
requests, except as follows:
Page 5 of 10

42 of 169

Proposed Draft
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272

(A)

(b)

2-7.

Personnel.

The Oneida Business Committee Support Office shall have
sign-off authority over requests for stipends, travel per diem
and business expense reimbursement.
The ERB shall approve a member’s request to travel by majority vote of the
members in attendance at a regular or emergency meeting of an established
quorum.
Commencing the date these bylaws are adopted by the Oneida Business
Committee and from tha

[Text truncated at 120,000 characters. The full text is on the page linked above.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A472ba20c4e1f4469. Public record. Not legal advice.