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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room-2nd Floor Norbert Hill Center

April 17, 2019

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

III.

Current Business

1. Domestic Animals Law Amendments (pg. 2)

IV.

New Submissions

1. GTC Petition Process (pg. 31)

2. Indian Preference in Contracting Law Amendments (pg. 39)

Additions

VI.

Administrative Updates

1. Children’s Code Update (pg. 40)

2. Boards, Committees and Commissions Law Amendments (pg. 46)

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

April 17, 2019

Domestic Animals Law Amendments

Submission Date: 9/19/18

LOC Sponsor: Jennifer Webster

Public Meeting: 3/11/19

Emergency Enacted: n/a

Summary: This is a request to make necessary changes and updates to the law in regard to issues

with violations, enforcement and appeals, procedure at hearings, restitution, citations, and viscous and

dangerous dogs.

9/19/18 LOC: Motion by Jennifer Webster to add the Domestic Animals Ordinance to the active files list and

assign Jennifer Webster as the Sponsor; seconded by Daniel Guzman King. Motion carried

unanimously.

10/5/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Kelly McAndrews, Eric

Boulanger, Michelle Myers, Jeff Mears, Vanessa Miller, Steve Linskens, Laura Manthe. The

purpose of this work meeting was to begin identifying potential amendments that can be made

to the law, and discussing areas that could benefit from further discussion.

10/23/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Kelly McAndrews, Jeff

Mears, Vanessa Miller, Steve Linskens, Laura Manthe, Brenda Haen, Eric Krawczyk. The

purpose of this work meeting was to finish reviewing the law and discussing potential

amendments that could be made.

11/9/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Jeff Mears, Vanessa Miller,

Steve Linskens, Jennifer Falck, Eric Boulanger, Michelle Myers. The purpose of this work

meeting was to review research that was completed, and discuss parking lot issues. The LRO

will update the draft and schedule another work group meeting before the draft is presented to

the LOC.

12/13/18:

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

Wilson, Laura Manthe, Steve Linskens, Shad Webster, Patrick Pelky. The purpose of this work

meeting was to review and discuss the proposed draft of the amendments before the draft is

presented to the LOC for consideration.

12/19/18:

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

Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was

to review the proposed draft created by the work group, and determine the next steps for

moving forward. Attorney will update the draft, and a legislative analysis will be completed.

1/16/19 LOC: Motion by Jennifer Webster to accept the draft and the legislative analysis of the amendments

to the Domestic Animals law and defer these items to a work meeting for further consideration;

seconded by Ernest Stevens III. Motion carried unanimously.

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1/16/19:

Work Meeting. Present: Jennifer Webster, Kirby Metoxen, Daniel Guzman, Ernest Stevens III,

Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to review the

policy considerations contained in the legislative analysis.

1/25/19:

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

Webster, Eric Boulanger, Steve Linskens, Michelle Meyers, Vanessa Miller, Jeff Mears. The

purpose of this work meeting was to review and discuss the fine, penalty, and licensing fee

schedule resolution, discuss complaints received from the community, and discuss fiscal

impacts.

2/6/19 LOC:

Motion by Jennifer Webster to approve the public meeting packet and direct that a public

meeting for the amendments to the Domestic Animals law be held on Monday, March 11, 2019;

seconded by Kirby Metoxen. Motion carried unanimously.

2/26/19:

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

Boulanger, Joel Maxam, Shad Webster, Jeff Mears, Steve Linskens. The purpose of this work

meeting was to discuss: 1) the timeframe to adoption of the proposed amendments and the

various deadlines required for that; 2) what is required in the fiscal impact statements that each

department will be completing for the LOC; and 3) implementation and any tasks that will need

to be completed for the law to be successfully implemented.

3/8/19:

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

Steve Linskens, Vanessa Miller, Jacy Rasmussen. The purpose of this work meeting was to

discuss the various standard operating procedures that will have to be created based on the

proposed amendments and what department will be responsible for the development of each

one. During this work meeting potential fiscal impacts and the development of fiscal impact

statements were also discussed.

3/11/19:

Public Meeting Held. Present: Kirby Metoxen, Clorissa N. Santiago, Brandon Wisneski, Lee

Cornelius, Jennifer Falck, Kristen Hooker, Joel Maxam, Steve Linskens, Laura Manthe, Robert

Keck, James Petitjean.

3/20/19 LOC: Motion by Daniel Guzman King to approve the fiscal impact statement memorandum and

forward to the Environmental, Health, Safety, and Land Division, Oneida Police Department,

Oneida Nation Judiciary, and the Oneida Land Commission directing that a fiscal impact

statement of the proposed amendments to the Domestic Animals law be prepared and submitted

to the LOC by April 19, 2019; seconded by Ernest Stevens III. Motion carried unanimously.

Next Steps:

▪ Accept the public meeting comments and public meeting comment review memorandum and defer to

a work meeting for further consideration.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54115-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Legislative Operating Committee (LOC)

Clorissa N. Santiago, Legislative Reference Office, Staff Attorney

April 17, 2019

Domestic Animals Law Amendments: Public Meeting Comment Review

On March 11, 2019, a public meeting was held regarding proposed amendments to the Domestic

Animals law (“the Law”). The public comment period was then held open until March 18, 2019.

This memorandum is submitted as a review of the oral and written comments received within the

public meeting and public comment period.

The public meeting draft, public meeting transcript, and written comments received are attached

to this memorandum for review.

Comment 1 – Prohibited Animals Resolution:

304.10. Prohibited Animals

304.10-2. Prohibited Animals. Prohibited animals include the following orders and families,

whether bred in the wild or in captivity, and any or all hybrids. The animals listed are

intended to act as examples and are not to be construed as an exhaustive list or limit the

generality of each group of animals, unless otherwise specified:

(a) Class Mammalia.

(1) Order Chiroptera. This includes all bat species.

(2) Order Artiodactyla. This includes hippopotamuses, giraffes, camels, and

deer, but does not include domestic cattle, swine, sheep, goats, alpaca, and

llama as exotic animals.

(3) Order Carnivora.

(A) Family Felidae. This includes lions, tigers, cougars, leopards,

ocelots, and servals, but does not include domestic cats as exotic

animals.

(B) Family Canidae. This includes wolves, wolf hybrids, coyotes, coyote

hybrids, foxes, and jackals, but does not include domestic dogs as exotic

animals.

(D) Family Mustelidae. This includes weasels, skunks, martins, and

minks, but does not include ferrets as exotic animals.

(E) Family Procyonidae. This includes raccoons, and coatis.

(F) Family Hyaenidae. This includes hyenas.

(G) Family Viverridae. This includes civets, genets, and mongooses.

(4) Order Edentatia. This includes anteaters, armadillos, and sloths.

(5) Order Marsupialia. This includes opossums, kangaroos, wallabies, and

sugar gliders.

(6) Order Perissodactyla. This includes rhinoceroses, and tapirs, but does not

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include horses, goats, and mules as exotic animals.

(7) Order Primates. This includes lemurs, monkeys, chimpanzees, and

gorillas.

(8) Order Proboscidae. This includes elephants.

(9) Order Rodentia. This includes squirrels, beavers, porcupines, and prairie

dogs, but does not include guinea pigs, rats, mice, gerbils, and hamsters as

exotic animals.

(b) Class Reptilia.

(1) Order Squamata.

(A) Family Helodermatidae. This includes Gila monsters and Mexican

beaded lizards.

(B) Family Varaidae. This includes any monitor lizard which will

normally grow over two feet in length.

but does not include all other types of iguanas which are not green or

rock iguanas.

(D) Family Boidae. This includes all species whose adult length may

exceed eight (8) feet.

(E) Family Colubridae. This includes boomslangs and African twig

snakes.

(F) Family Elapidae. This includes coral snakes, cobras, and mambas.

(G) Family Nactricidae. This includes keelback snakes, but does not

include all other snakes not keelback.

(H) Family Viperidae. This includes copperheads, cottonmouths, and

rattlesnakes.

(2) Order Crocodilia. This includes crocodiles, alligators, caimans, and

gavials.

(1) Order Falconiformes. This includes eagles, hawks, and vultures.

(2) Order Rheiformes. This includes rheas.

(3) Order Struthioniformes. This includes ostriches.

(4) Order Casuariiformes. This includes cassowaries and emus.

(5) Order Strigiformes. This includes owls.

(d) Class Arachnida.

(1) Order Scorpiones,

(A) Family Buthidae. This includes scorpions.

(2) Order Araneae,

(A) Family Theridadae. This includes the Argentina red widow spider,

brown widow spider, red-black widow spider, red widow spider,

southern black widow spider, and Western widow spider.

(B) Family Laxoscelidae, This includes the brown recluse spider.

(e) Class Chilopoda.

(1) Order Scolopendromorpha,

(A) Family Scolopendridae. This includes centipedes.

(f) Any Federal or State endangered or threatened species.

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Candice Skenandore (written): In order to avoid future amendments to the Domestic Animals

(Law), the Legislative Operating Committee (LOC) may want to consider removing proposed

section 304.10 Prohibited Animals from the Law and place this information into a resolution. This

will allow the list of prohibited animals to be revised from time to time as the Community’s needs

change. The Law could simply refer to the Resolution and the Resolution can be published along

side the Law on the Code of Laws so as the Community has easy access to such information.

Response

The commenter requests that section 304.10 of the Law be removed, and instead have the

information contained in section 304.10 placed in a resolution to be adopted by the Oneida

Business Committee. The commenter believes that having the information addressed by resolution

would allow for greater flexibility in amending the prohibited animals list as the Nation’s needs

change in the future. Resolutions are considered to provide more flexibility than a law because a

resolution does not have to follow the requirements of the Legislative Procedures Act. [1 O.C.

109].

Section 304.10 of the Law contains much valuable information that should remain in the Law

including:

 The general provision that no person is allowed to bring into, keep, harbor, maintain, offer

for sale or barter, act as a custodian, have custody or control of, or release to the wild on

the Reservation a prohibited animal [3 O.C. 304.10-1];

 A prohibited animal exception that allows certain individuals to own, harbor, or possess

prohibited animals, including those individuals who are eligible for any grandfather

provisions included in this law’s adopting resolution, and any zoological park and/or

sanctuary, an educational or medical institution, and/or a specially trained entertainment

organization who receives a permit from the Environmental, Health, Safety, and Land

Division [3 O.C. 304.10-3];

 The authority delegated to the Environmental, Health, Safety, and Land Division to issue

a prohibited animal permit when certain conditions exist [3 O.C. 304.10-4];

 The authority delegated to the Environmental, Health, Safety, and Land Division to

approve a wildlife refuge and/or sanctuary to release prohibited animals within the

Reservation without applying for and receiving a prohibited animal permit [3 O.C. 304.105];

 Provisions regarding the Oneida Police Department and Oneida Conservation

Department’s authority to seize prohibited animals [3 O.C. 304.10-6];

 The requirement of an owner of a prohibited animal that has been released or escapes to

immediately notify the Oneida Police Department and/or the Oneida Conservation

Department [3 O.C. 304.10-7]; and

 Provisions regarding the forfeiture of prohibited animals [3 O.C. 304.10-8].

It is not recommended that any of the above stated provisions be removed from the Law and placed

into a resolution of the Nation.

Section 304.10-2 of the Law provides specific information as to what orders and families of

animals, whether bred in the wild or in captivity, and any or all hybrids, are prohibited from being

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on the Reservation. The animals listed alongside the orders and families in the Law serve as

examples and are not an exhaustive list of all animals that are prohibited.

Section 304.10-2, unlike the other provisions of section 304.10, could potentially be removed from

the Law and placed into a resolution. Providing the prohibited animals list within the Law itself

allows for more convenience to the reader as all the relevant information regarding prohibited

animals is found in one place. Although there may be more convenience to the reader, the

flexibility to revise and amend the prohibited animals list is affected as any changes to the Law

would be required to follow the Legislative Procedures Act which can be a lengthy process.

On the other hand, providing the prohibited animals list through a resolution of the Nation would

provide more flexibility and ease in adjusting the prohibited animals list to fit the needs of the

Nation as those needs may change in the future. Allowing the flexibility to change the prohibited

animals list by resolution would result in the necessity for a reader looking for information on

prohibited animals to consult more than one document to find all the relevant information, which

may be considered an inconvenience.

Whether or not to include the list of prohibited animals in the Law itself, or in a resolution, is a

policy decision for the Legislative Operating Committee to make. The Legislative Operating

Committee may determine:

1. The Law should remain as currently drafted and provide the prohibited animals list in

section 304.10-2 of the Law.

2. Section 304.10-2 of the Law which provides the prohibited animals list should be removed,

and instead the Legislative Operating Committee should include a provision that requires

the prohibited animals list to be set by resolution.

a. If the Legislative Operating Committee makes this determination then the

following language is recommended:

304.10-2. Prohibited Animals. The Oneida Business Committee shall provide

through the adoption of a resolution which orders and families of animals, whether

bred in the wild or in captivity, and any or all hybrids are prohibited from being on

the Reservation.

LOC Consideration

Comment 2 – Alpacas and Llamas:

Candice Skenandore (written): I applaud the LOC for their continued support of excluding

animals such as alpacas and llamas from the list of prohibited animals. This will ensure that our

Community can enjoy these creatures for generations to come. Should the LOC choose to remove

the list of prohibited animals and instead identify such animals by Resolution, I recommend that

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alpacas and llamas still be allowed to safely reside within the Reservation boundaries [See

proposed Domestic Animals, 3 O.C. 304.10-2 (a) (2)].

Response

The commenter expresses gratitude to the Legislative Operating for ensuring that alpacas and

llamas are not placed on the prohibited animal list provided in section 304.10-2 of the Law so that

the community can continue to enjoy these animals.

There is no recommended revision based on this comment.

LOC Consideration

Comment 3 – Sugar Gliders:

304.10. Prohibited Animals

304.10-2. Prohibited Animals. Prohibited animals include the following orders and families,

whether bred in the wild or in captivity, and any or all hybrids. The animals listed are

intended to act as examples and are not to be construed as an exhaustive list or limit the

generality of each group of animals, unless otherwise specified:

(a) Class Mammalia.

(5) Order Marsupialia. This includes opossums, kangaroos, wallabies, and

sugar gliders.

Candice Skenandore (written): I do not agree with the LOC’s decision to continue including

sugar gliders from the list of prohibited animals and ask that the LOC reconsider allowing these

adorable marsupialia to reside on the Reservation [See proposed Domestic Animals, 3 O.C. 304.102 (a) (5)]. According to PetMD, sugar gliders make excellent pets so long as the owner(s)

understands the needs of these amazing creatures. Sugar gliders are nocturnal, meaning they can

provide companionship to our Community members that may work the 3rd shift or have trouble

sleeping. The average life-span of a sugar glider is 5-7 years which is enough time to teach children

the importance of taking care of another life while not burdening a family with a lengthy

commitment. Typical adult male sugar gliders weigh 0.22-0.35 lbs and adult females weigh 0.180.29 lbs. Females only produce 1-2 joeys (babies) per litter which will ensure that the Community

will not be overrun with sugar gliders. Lastly, sugar gliders are omnivores (eat both plant and

animal matter) and enjoy insects such as crickets and mealworms. Allowing sugar gliders to reside

on the Reservation may ease the noise of the occasional cricket that gets trapped in a house or

dwelling during those long summer months. This could improve the sanity and sleep of the

Community [See PetMD, https://www.petmd.com/exotic/care/all-about-sugar-gliders].

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The LOC should be made aware that sugar gliders can also serve as emotional support animals.

According to Americans with Disabilities Act National Network, emotional support animals are

animals that provide companionship, relieve loneliness, and may help with depression, anxiety and

certain phobias. An article by College Avenue Magazine talks about a student’s struggle after

brain surgery and that her sugar glider named “Zaboo” provide comfort to her during her recovery

process [See College Avenue Magazine, https://collegian.com/2018/02/sugar-gliders-can-beservice-animals-too/]. I highly encourage the LOC to reconsider denying our Community the

comfort, joy, and emotional support that sugar gliders bring.

Response

The commenter disagrees with the inclusion of sugar gliders on the prohibited animal list found in

section 304.10-2(a)(5).

The determination of what animals to prohibit from the Reservation is a policy decision for the

Legislative Operating Committee to make. The Legislative Operating Committee may determine:

1. The Law should remain as currently drafted and prohibited sugar gliders from being kept

as pets on the Reservation.

2. The Law should be revised to remove sugar gliders from the prohibited animals list and

therefore be allowed to be kept as pets on the Reservation.

a. If the Legislative Operating Committee makes this determination then the

following revision should be made:

304.10-2.

Prohibited Animals. Prohibited animals include the following

orders and families, whether bred in the wild or in captivity, and any or all hybrids.

The animals listed are intended to act as examples and are not to be construed as an

exhaustive list or limit the generality of each group of animals, unless otherwise

specified:

(a)

Class Mammalia.

(5)

Order Marsupialia. This includes opossums, kangaroos,

and wallabies, but does not include and sugar gliders as prohibited

animals.

LOC Consideration

Comment 4 – Limit of the Number of Hens Allowed:

304.9. Hens

304.9-3. Limit on the Number of Hens Allowed. The number of hens an owner may keep is

dependent on the size of the residential lot.

(a) An owner may to keep up to four (4) hens on a residential lot that is two (2) acres

in size or smaller.

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(b) An owner may keep up to eight (8) hens on a residential lot two (2) acres in size

or larger.

Laura Laitinen-Warren on behalf of Chairman Tehassi Hill (written): Good Afternoon,

Chairman Hill has would like to ensure consideration for the amount of hens needed for egg

production to provide for a family. The limit on 4 hens for property that is two acres or smaller

may be too restrictive. The Oneida Nation demonstrates our right to food sovereignty, and we

want to be sure we are not putting up barriers for citizens who also wish to exercise this right.

Thank you for the opportunity to comment.

Response

The commenter shares concerns that the limit of up to four (4) hens on a residential lot that is two

(2) acres or smaller may be too restrictive in terms of egg production to provide for a family. The

commenter expresses the importance of our right to food sovereignty and wants to ensure this

limitation on the number of hens is not a barrier for those members of the Nation who wish to

exercise their right to food sovereignty.

The limitation of up to four (4) hens on a residential lot that is two (2) acres or smaller was a policy

decision made by the Legislative Operating Committee. The Legislative Operating Committee

made the decision on what extent to limit hens after research was conducted on the limitations of

hens in other surrounding municipalities. The research demonstrated the following limitations on

the number of hens allowed in other local municipalities:

 City of De Pere: Up to four (4) hens are allowed with a permit;

 City of Green Bay: Up to four (4) hens are allowed with a permit;

 Village of Ashwaubenon: Up to four (4) hens are allowed with a permit;

 Village of Howard: Up to four (4) hens allowed on lots of two acres or less, up to eight (8)

hens allowed on lots larger than two acres; and

 Village of Hobart: Up to six (6) hens allowed on properties in single family zoning districts.

Although not required to be, the Legislative Operating Committee determined that this was a

matter in which consistency with our neighboring municipalities would be beneficial to the Nation.

Additionally, the Legislative Operating Committee decided to base the limitation on the size of

the residential lot in acknowledgement that there are many different homes found throughout the

Reservation, and a home with a larger lot size could be better equipped to house more hens without

causing a nuisance.

The limitation on the number of hens that are allowed on certain lot sizes within the Reservation

is a policy decision for the Legislative Operating Committee to make. The Legislative Operating

Committee may determine:

1. The Law should remain as currently drafted and provide the limitation of up to four (4)

hens on a residential lot that is two (2) acres or smaller.

2. The Law should be amended to increase the limitation on the number of hens that are

allowed on a residential lot that is two (2) acres or smaller.

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a. If the Legislative Operating Committee makes this determination then the

Legislative Operating Committee will have to determine what the appropriate

limitation on the number of hens allowed on a residential lot that is two (2) acres

or smaller.

LOC Consideration

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Title 3. Health and Public Safety - Chapter 304

DOMESTIC ANIMALS

K@tse>na Olihw@=ke

matters concerning the pet animals

304.1.

304.2.

304.3.

304.4.

304.5.

304.6.

304.7.

Purpose and Policy

Adoption, Amendment, Conflicts

Definitions

Jurisdiction

Authority

Treatment of Animals

Dogs and Cats

304.8. Livestock

304.9. Hens

304.10. Prohibited Animals

304.11. Dangerous Animals

304.12. Owner Liability

304.13. Enforcement of Violations

304.1. Purpose and Policy

304.1-1. Purpose. The purpose of this law is to:

(a) protect the health, safety, and welfare of the community by requiring certain basic

measures to prevent the spread of disease carried by domestic animals;

(b) set minimum standards for the treatment of animals;

(d) regulate the keeping of livestock on lots zoned residential within the Reservation; and

(e) establish consequences for damages caused by domestic animals.

304.1-2. Policy. It is the policy of the Nation to protect the health, safety, and welfare of the

community by:

(a) requiring certain basic measures to prevent the spread of disease carried by domestic

animals;

(b) establishing requirements for licensing domestic animals, and

304.2. Adoption, Amendment, Repeal

304.2-1. This law was adopted by Oneida Business Committee by resolution BC-03-13-96-B

and amended by resolutions BC-06-22-11-G, BC-06-28-17-B, and BC-__-__-__-__.

304.2-2. 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.

304.2-3. 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.

304.2-4. 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.

304.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.

304.3. Definitions

304.3-1. 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) “District Quarantine” means a rabid or otherwise diseased domestic animal is

suspected or known to be within a discernible area and all such animals reasonably

suspected of being infected are subject to enforced isolation for a period of time to limit

or prevent the spread of disease or infection and during which time said animals are

tested for diseases, including rabies.

(b) “Fine” means a monetary punishment issued to a person violating this law.

(d) “Livestock” means any equine (i.e. horse, donkey, etc.), bovine (i.e. cow, steer,

3 O.C. 304 – Page 1

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heifer, etc.), sheep, goat, pig.

(e) “Nation” means the Oneida Nation.

(f) “Owner” means any person who owns, harbors, keeps, controls or acts as a caretaker

for an animal. Absent evidence of alternative adult ownership, this law presumes that

domestic animals are owned by the adult homeowner or renter.

(g) “Penalty” means a punishment, other than a fine, imposed on a person violating this

law and/or the rules created pursuant to this law and may include, but is not limited to,

the confiscation of wildlife with return of the same at the discretion of the Trial Court and

restitution.

(h) “Reservation” means all the property within the exterior boundaries of the

Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida

7 Stat. 566, and any lands added thereto pursuant to federal law.

(i) “Residential household” means a residential lot, except for those residential lots

designed as multi-family lots, in which each family unit within the lot constitutes a

separate household.

(j) “Tethering” means the act of fastening an animal to a stationary object while

unattended so that the animal can only range within a set radius. Tethering does not

include the use of a leash to walk an animal.

(k) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the

judicial system that was established by Oneida General Tribal Council resolution GTC01-07-13-B to administer the judicial authorities and responsibilities of the Nation.

(l) “Quarantine” means the act of keeping an animal in enforced isolation for a period of

time to limit or prevent the spread of disease or infection and during which time said

animal is tested for diseases, including rabies.

304.4. Jurisdiction

304.4-1. Personal Jurisdiction. This law applies to:

(a) All members of the Nation; the Nation’s entities and corporations; and members of

other federally-recognized tribes.

(b) Individuals and businesses leasing, occupying or otherwise using fee land owned by

the Nation or by individual members of the Nation; and/or lands held in trust on behalf of

the Nation or individual members of the Nation.

consistent with federal law. An individual shall be considered to have consented to the

jurisdiction of the Nation:

(1) By entering into a consensual relationship with the Nation, or with the

Nation’s entities, corporations, or members of the Nation, including but not

limited to contracts or other agreements; or

(2) By other facts which manifest an intent to consent to the authority of the

Nation, including failure to raise an objection to the exercise of personal

jurisdiction in a timely manner.

304.4-2. Territorial Jurisdiction. This law extends within the Reservation to all land owned by

the Nation and individual trust and/or fee land of a member of the Nation.

3 O.C. 304 – Page 2

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101

102

103

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106

107

108

109

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112

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304.5. Authority

304.5-1. General. This law governs the keeping of all domestic animals which are commonly

owned as household pets. Domestic animals include, but are not limited to dogs, cats, ferrets,

rabbits, guinea pigs, turtles, birds, pigeons, hamsters, non-venomous reptiles, amphibians, and

arachnids.

(a) Domestic animals do not include prohibited exotic animals as identified in section

304.10-2.

304.5-2. Authority of the Oneida Police Department and Conservation Department. Oneida

Police Officers and Conservation Wardens shall have the authority to:

(a) investigate complaints involving domestic animals;

(b) enforce the provisions of this law through appropriate means, including but not

limited to:

(1) seizing any animal that is taken, employed, used, or possessed in violation of

this law and/or mistreated, rabid or otherwise in danger or dangerous;

(2) issuing citations consistent with the fine and penalty schedule developed in

accordance with this law; and

(3) using force, up to and including lethal force, to stop an immediate threat to

public safety caused by an animal.

(A) Where lethal force is used, such execution shall be conducted in as

humane manner as possible and, to the extent feasible, avoids damage to

the animal’s head for the purpose of rabies testing.

304.5-3. Fine, Penalty, and Licensing Fee Schedule. The Environmental, Health, Safety, and

Land Division and the Environmental Resource Board are hereby delegated joint authority to

develop a fine, penalty, and licensing fee schedule. The fine, penalty, and licensing fee schedule

shall be adopted by the Oneida Business Committee by resolution.

304.5-4. Disease Investigation and Quarantine. The Environmental, Health, Safety, and Land

Division, the Emergency Management Coordinator, and the Comprehensive Health Division are

hereby delegated joint authority to establish standard operating procedures related to disease

investigations and quarantines.

304.5-5. Issuance of Licenses. The Environmental, Health, Safety, and Land Division shall

make all decisions related to the issuance of a license and/or permit in accordance with this law,

unless otherwise noted.

304.6.

Treatment of Animals

304.6-1. Food and Water. An owner shall provide an animal with a daily supply of food and

water sufficient to maintain the animal in good health.

304.6-2. Shelter. An owner shall meet the minimum standards for indoor and outdoor shelter

for an animal. All shelter shall be structurally sound and maintained in good repair to protect the

animal from injury and to contain the animal.

(a) Minimum indoor standards of shelter. Minimum standards for indoor shelter include

the following:

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(1) Temperature. The ambient temperature of the indoor shelter shall be

compatible with the health of the animal.

(2) Ventilation. Indoor shelter facilities shall be adequately ventilated by natural

or mechanical means to provide for the health of the animal at all times.

(b) Minimum outdoor standards of shelter. Minimum standards for outdoor shelter

include the following:

(1) Shelter from Sunlight. When sunlight is likely to cause heat exhaustion of an

animal tied or caged outside, sufficient shade by natural or artificial means shall

be provided to protect the animal from direct sunlight. Caged does not include

farm fencing used to confine livestock.

(2) Climatic Conditions. Natural or artificial shelter appropriate to the local

climatic conditions for the animal concerned shall be provided as necessary for

the health of the animal.

(3) Adverse Weather. If an animal is tied or confined unattended outdoors under

weather conditions which adversely affect the health of the animal, a weather

appropriate shelter of suitable size to accommodate the animal shall be provided.

sufficient space to allow each animal adequate freedom of movement. Inadequate space

may be indicated by evidence of debility, stress, or abnormal behavior patterns.

(1) Dog Kennels. Dog kennels shall meet the following space requirements

where, if there are multiple dogs in the same kennel, the base kennel space

requirement is based on the size of the largest dog and the additional kennel space

requirements are based on the size of each additional dog kept in the kennel:

(A) Dog Size Between One and Thirty-Five Pounds. A dog that weighs

between one (1) and thirty-five (35) pounds shall have a required base

kennel space of sixty (60) square feet. Required additional kennel space

per additional dog of this size is twelve (12) square feet.

(B) Dog Size Between Thirty-Six and Seventy-Five Pounds. A dog that

weighs between thirty-six (36) and seventy-five (75) pounds shall have a

required base kennel space of eighty (80) square feet. Required additional

kennel space per additional dog of this size is eighteen (18) square feet.

(C) Dog Size Seventy-Six Pounds or Greater. A dog that weighs seventysix (76) pounds or more shall have a required base kennel space of one

hundred (100) square feet. Required additional kennel space per additional

dog of this size is twenty-four (24) square feet.

(d) Sanitation Standards. An owner shall meet the minimum standards of sanitation for

both indoor and outdoor shelter. Minimum sanitation standards require waste matter from

the animal to be removed within twenty-four (24) hours of its deposit.

(e) Shelter Exception for Livestock. In the case of livestock kept on farms on land zoned

agricultural, nothing in this section shall be construed as imposing shelter requirements or

standards more stringent than normally accepted husbandry practices.

304.6-3. Tethering. If a kennel or enclosed yard is not available, an owner may tether an

unsupervised animal as long as the owner meets the following conditions:

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(a) the tether is connected to the animal with a buckle type collar or body harness made

of nylon or leather not less than one inch (1”) in width and at least two inches (2”) greater

in diameter than the animal’s neck or torso;

(1) The use of a choke collar, prong collar head harness, or other similar type of

head harness or collar shall be prohibited for the use of tethering.

(b) the tether is at least twelve feet (12’) long and allows the animal to move in all

directions unimpeded;

weight;

(d) the animal is tethered so as to prevent injury, strangulation, or entanglement, and

allows the animal access to water and shelter;

(e) the tethered animal is not sick, injured, or nursing;

(f) the animal is not tethered on any vacant property or land or with an unoccupied

dwelling; and

(g) the animal is not tethered in a manner that allows the animal to cross onto public

space or property of others.

304.6-4. Mistreatment of Animals. No person may treat any animal in a manner which causes

harm, injury or death. This section does not apply to:

(a) normal and accepted veterinary and/or care practices; or

(b) teaching, research or experimentation conducted at a facility regulated under federal

or applicable state law.

304.6-5. Mandatory Reporting. An employee of the Nation shall report any animal

mistreatment witnessed during the regular course of his or her employment with the Nation to

the Oneida Police Department and any other appropriate entity.

304.7. Dogs and Cats

304.7-1. License Required. An owner shall be required to obtain a license for any dog or cat

five (5) months of age or older on an annual basis.

(a) License Period. The license year shall commence on January 1st and end on

December 31st of every year.

(b) License Eligibility. To be eligible for a license, the owner shall provide:

(1) the licensing fee; and

(2) proof of current rabies vaccination.

a license tag for the dog or cat. The owner shall securely attach the license tag to the

animal’s collar and shall require the animal wear the collar at all times.

(1) Exception. A dog or cat shall not be required to wear the collar if the dog or

cat is:

(A) hunting or actively involved in herding or controlling livestock if the

animal is under control of its owner;

(B) within the owner’s residence and/or securely confined in a fenced

area; and/or

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304.7-2. Rabies Vaccinations Required. An owner shall be required to obtain a rabies

vaccination for any dog or cat five (5) months of age or older.

304.7-3. Limit on the Number of Dogs and Cats. An individual may keep no more than two (2)

dogs or three (3) cats; and a total of no more than four (4) dogs and cats combined; in a single

residential household.

(a) Exception. The limit on the number of dogs and cats a person may keep or possess

does not apply to a person who:

(1) is eligible for any grandfather provisions included in this law’s adopting

resolution;

(2) keeps or possesses a litter of pups or kittens, or a portion of a litter, for a

period not exceeding five (5) months from birth;

(3) resides on property zoned agricultural; and/or

(4) obtains a permit for the additional dog or cat.

(b) Permit for Additional Dogs or Cats. A person may keep more than two (2) dogs or

three cats (3) in a single residential household if the owner obtains a permit from the

Environmental, Health, Safety, and Land Division for the additional animal. The

application for the permit must be signed by the owner and contain the signature of the

landowner of the residential household if the landowner is not the applicant.

(1) By seeking a permit for an additional dog or cat the owner agrees that he or

she shall reduce the number of licensed dogs or cats on the premises if there are

two (2) or more nuisance complaints against the residential household within one

(1) calendar year caused by, or related to, the number of dogs or cats housed on

the premises.

(2) If two (2) or more nuisance complaints are received against the residential

household due to the number of dogs or cats housed on the premises, the owner

shall reduce the number of animals within thirty (30) days.

304.7-4. Running at Large. An owner shall not allow a dog or cat to run at large by being any

place except upon the premises of the owner, unless the dog or cat is crated, penned, or on a

leash under the control of a person physically able to control the animal.

(a) A stray dog or cat running at large may be referred to the Oneida Police Department

or Oneida Conservation Department.

(b) When an Oneida Police Officer or Oneida Conservation Warden finds a dog or cat

running at large, the officer and/or warden shall, if possible, pick up and impound such

animal.

identification tags or license tag, the owner shall be notified as soon as reasonably

possible.

304.7-5. Nuisance. An Oneida Police Officer or Oneida Conservation Warden may pick up and

impound a dog or cat that has been found to be a nuisance. A dog or cat shall be found to be a

nuisance if the actions of the dog or cat:

(a) resulted in two (2) or more verified disturbances due to excessive barking and/or

other noise by the animal, or the animal running at large; and/or

(b) resulted in one (1) or more verified disturbance due to threatening behavior by the

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animal running at large.

304.7-6. Investigations for Suspected Animal Bites. The owner shall notify the Oneida Police

Department in the event the owner’s cat or dog bites a human or another domestic animal.

(a) The responding Oneida Police Officer or Oneida Conservation Warden shall:

(1) Ascertain whether the domestic animal is properly licensed and has current

vaccinations.

(2) Ensure all information provided is correct.

(3) Contact the Environmental, Health, Safety and Land Division to provide

notification of the domestic animal bite.

(4) If the cat or dog has current rabies vaccinations, order the owner to:

(A) Quarantine the animal for ten (10) days; and

(B) Present the animal for examination by a veterinarian within twentyfour (24) hours of the bite, on the last day of quarantine and on one (1) day

in between the first twenty-four (24) hours and the tenth (10th) day.

(5) If the cat or dog does not have current rabies vaccination, order the owner to:

(A) Quarantine the animal for ten (10) days or deliver the animal to an

isolation facility at the owner’s expense. If a home quarantine is ordered,

the owner shall present the domestic animal for examination by a

veterinarian within twenty-four (24) hours of the bite, on the last day of

quarantine and on one (1) day in between the first twenty-four (24) hours

and the tenth (10th) day; or

(B) Euthanize the animal and send the specimen for analysis at the

owner’s expense, if the animal has exhibited any signs of rabies.

(b) Upon expiration of a quarantine period, a veterinarian may extend the quarantine

period. Upon expiration of all quarantine periods, if the veterinarian certifies that the

animal has not exhibited any signs of rabies, the animal may be released from quarantine.

following shall occur:

(1) If the animal has current rabies vaccinations, the Oneida Police Officer or

Oneida Conservation Warden may order the animal to be euthanized and send the

specimen for analysis, to be paid for by the Nation.

(2) If the animal does not have current rabies vaccinations, the Oneida Police

Officer or Oneida Conservation Warden may order the animal to be euthanized

and send the specimen for analysis at the owner’s expense.

304.7-7. District Quarantine. A district quarantine may be initiated by staff designated by the

Environmental, Health, Safety, and Land Division, an Oneida Police Officer, an Oneida

Conservation Warden, and/or a Public Health Officer.

(a) If an area is subject to a district quarantine for rabies, all dogs and cats within the

district shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not

confined, tied, leashed or muzzled is a public nuisance and may be impounded. All

Oneida Police Officers and Oneida Conservation Wardens shall cooperate in the

enforcement of the quarantine.

(b) An animal that is immunized against rabies as evidenced by a valid certificate of

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rabies vaccination or other evidence is exempt from the district quarantine provisions of

this section.

304.8. Livestock

304.8-1. An owner shall obtain a conditional use permit from the Oneida Land Commission in

order to keep livestock on land zoned residential.

304.8-2. Limitations on Livestock. Livestock kept on land zoned residential are subject to the

following limitations:

(a) One (1) large animal per one (1) acre. Examples of large animals include, but are not

limited to, horses, cows, and pigs.

(b) One (1) small animal per one-half (½) acre. Examples of small animals include, but

are not limited to, goats, and sheep.

requirements can be met.

304.8-3. Liability for Damage Caused by Livestock at Large. Any person whose livestock

escapes from its normal confined area and becomes at large is responsible for any and all damage

to persons and property caused by such livestock while it is away from its normal confined area.

304.9. Hens

304.9-1. Hen Permit. An owner shall obtain a conditional use permit from the Oneida Land

Commission Division in order to keep hens on land zoned residential.

304.9-2. Prohibition of Roosters. An owner shall not keep a rooster on land zoned residential.

304.9-3. Limit on the Number of Hens Allowed. The number of hens an owner may keep is

dependent on the size of the residential lot.

(a) An owner may to keep up to four (4) hens on a residential lot that is two (2) acres in

size or smaller.

(b) An owner may keep up to eight (8) hens on a residential lot two (2) acres in size or

larger.

304.9-4. Standards for Keeping Hens. An owner shall keep hens in the following manner:

(a) No person shall keep a hen over eight (8) weeks of age in a principal structure.

(b) Hens shall be kept within a structure such as a coop or fenced area used exclusively to

keep hens and shall provide at least four (4) square feet of space per hen.

(25’) of any principal structure which is not owned by the person permitted to keep the

hens.

(d) No accessory structure used to keep hens shall be located in a front or side yard.

(e) All hens shall be kept and handled in a sanitary manner to prevent the spread of

communicable diseases amongst birds or to humans.

304.9-5. Prohibition of Nuisance Hens. No owner may keep hens that cause any other nuisance

associated with unhealthy conditions, create a public health threat, or otherwise interfere with the

normal use of property or enjoyment of life by humans or animals.

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304.10. Prohibited Animals

304.10-1. No person shall bring into, keep, harbor, maintain, offer for sale or barter, act as a

custodian, have custody or control of, or release to the wild on the Reservation a prohibited

animal.

304.10-2. Prohibited Animals. Prohibited animals include the following orders and families,

whether bred in the wild or in captivity, and any or all hybrids. The animals listed are intended to

act as examples and are not to be construed as an exhaustive list or limit the generality of each

group of animals, unless otherwise specified:

(a) Class Mammalia.

(1) Order Chiroptera. This includes all bat species.

(2) Order Artiodactyla. This includes hippopotamuses, giraffes, camels, and deer,

but does not include domestic cattle, swine, sheep, goats, alpaca, and llama as

exotic animals.

(3) Order Carnivora.

(A) Family Felidae. This includes lions, tigers, cougars, leopards, ocelots,

and servals, but does not include domestic cats as exotic animals.

(B) Family Canidae. This includes wolves, wolf hybrids, coyotes, coyote

hybrids, foxes, and jackals, but does not include domestic dogs as exotic

animals.

(D) Family Mustelidae. This includes weasels, skunks, martins, and

minks, but does not include ferrets as exotic animals.

(E) Family Procyonidae. This includes raccoons, and coatis.

(F) Family Hyaenidae. This includes hyenas.

(G) Family Viverridae. This includes civets, genets, and mongooses.

(4) Order Edentatia. This includes anteaters, armadillos, and sloths.

(5) Order Marsupialia. This includes opossums, kangaroos, wallabies, and sugar

gliders.

(6) Order Perissodactyla. This includes rhinoceroses, and tapirs, but does not

include horses, goats, and mules as exotic animals.

(7) Order Primates. This includes lemurs, monkeys, chimpanzees, and gorillas.

(8) Order Proboscidae. This includes elephants.

(9) Order Rodentia. This includes squirrels, beavers, porcupines, and prairie

dogs, but does not include guinea pigs, rats, mice, gerbils, and hamsters as exotic

animals.

(b) Class Reptilia.

(1) Order Squamata.

(A) Family Helodermatidae. This includes Gila monsters and Mexican

beaded lizards.

(B) Family Varaidae. This includes any monitor lizard which will

normally grow over two feet in length.

does not include all other types of iguanas which are not green or rock

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iguanas.

(D) Family Boidae. This includes all species whose adult length may

exceed eight (8) feet.

(E) Family Colubridae. This includes boomslangs and African twig

snakes.

(F) Family Elapidae. This includes coral snakes, cobras, and mambas.

(G) Family Nactricidae. This includes keelback snakes, but does not

include all other snakes not keelback.

(H) Family Viperidae. This includes copperheads, cottonmouths, and

rattlesnakes.

(2) Order Crocodilia. This includes crocodiles, alligators, caimans, and gavials.

(1) Order Falconiformes. This includes eagles, hawks, and vultures.

(2) Order Rheiformes. This includes rheas.

(3) Order Struthioniformes. This includes ostriches.

(4) Order Casuariiformes. This includes cassowaries and emus.

(5) Order Strigiformes. This includes owls.

(d) Class Arachnida.

(1) Order Scorpiones,

(A) Family Buthidae. This includes scorpions.

(2) Order Araneae,

(A) Family Theridadae. This includes the Argentina red widow spider,

brown widow spider, red-black widow spider, red widow spider, southern

black widow spider, and Western widow spider.

(B) Family Laxoscelidae, This includes the brown recluse spider.

(e) Class Chilopoda.

(1) Order Scolopendromorpha,

(A) Family Scolopendridae. This includes centipedes.

(f) Any Federal or State endangered or threatened species.

304.10-3. Prohibited Animals Exception. The prohibition of certain animals shall not apply to:

(a) Individuals who are eligible for any grandfather provisions included in this law’s

adopting resolution.

(b) A zoological park and/or sanctuary, an educational or medical institution, and/or a

specially trained entertainment organization who receives a permit from the

Environmental, Health, Safety, and Land Division to own, harbor or possess the

prohibited animal.

304.10-4. Prohibited Animal Permit. The Environmental, Health, Safety, and Land Division

may issue a prohibited animal permit if:

(a) the animal and animal quarters are kept in a clean and sanitary condition and

maintained to eliminate objectionable odors; and

(b) the animal is maintained in quarters so constructed as to prevent its escape.

304.10-5. Release of Prohibited Animals. The Environmental, Health, Safety, and Land

Division, may approve a wildlife refuge and/or sanctuary to release prohibited animals within the

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Reservation without applying for and receiving a prohibited animal permit.

304.10-6. Seizure of Prohibited Animals. An unpermitted prohibited animal may be seized by

the Oneida Police Department and/or the Oneida Conservation Department.

(a) A prohibited animal that is seized shall be held by the Oneida Police Department, the

Oneida Conservation Department, or its designee until it can be determined if the animal

is an endangered or threatened species.

(b) At any time after such identification, the Oneida Police Department and/or Oneida

Conservation Department may seek an order from the Trial Court as to the care, custody

and control of the animal.

violation of this section, the owner shall be responsible for reimbursing the Oneida Police

Department and/or the Oneida Conservation Department for the cost of holding the

animal and any costs incurred in identifying the animal.

304.10-7. Notice of Release or Escape. The owner of a prohibited animal that has been released

or escapes shall immediately notify the Oneida Police Department and/or the Oneida

Conservation Department and shall be liable for any cost of recapture of the animal.

304.10-8. Forfeiture of the Prohibited Animal. An owner found in violation of this section shall

forfeit or surrender the prohibited animal to the Oneida Police Department, Oneida Conservation

Department, or designee. Upon such forfeiture or surrender, the Trial Court may direct

destruction or transfer of the animal to a qualified zoological, educational, or scientific institution

or qualified private propagator for safekeeping, with costs assessed against the owner.

304.11. Dangerous Animals

304.11-1. Dangerous Animals. No person shall own, keep, possess, return to or harbor a

dangerous animal. An animal shall be presumed to be dangerous if the animal:

(a) approaches or chases a human being or domestic animal in a menacing fashion or

apparent attitude of attack;

(b) bites, inflicts injury, attacks, or otherwise endangers the safety of a human being or

domestic animal;

(d) has been declared to be a dangerous animal and/or ordered to be destroyed in any

other jurisdiction.

304.11-2. Dangerous Animal Determination. An Oneida Police Officer or Oneida Conservation

Warden may determine an animal to be dangerous whenever, upon investigation, the officer

finds that the animal meets the definition of dangerous animal provided in section 304.11-1.

(a) Upon making a determination that an animal is dangerous, the Oneida Police Officer

or Oneida Conservation Warden shall issue a written order with an accompanying

citation declaring the animal to be dangerous.

(b) The citation and order shall be personally delivered to the apparent owner or

custodian of the dangerous animal.

the dangerous animal from the Reservation within three (3) business days.

304.11-3. Contesting a Dangerous Animal Determination. If the owner wishes to contest the

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dangerous animal determination, he or she shall file with the Trial Court a written objection to

the order within three (3) business days of receipt of the order.

(a) The written objection shall include specific reasons for objecting to or contesting the

order. An owner may argue an animal should not be deemed dangerous due to the animal

biting, attacking or menacing any person and/or domestic animal because the animal was

acting to:

(1) defend its owner or another person from an attack by a person or animal;

(2) protect its young or another animal;

(3) defend itself against any person or animal which has tormented, assaulted or

abused it; and/or

(4) defend its owner’s property against trespassers.

(b) Pending the outcome of the hearing, the animal shall be securely confined in a

humane manner either on the premises of the owner or caretaker, or with a licensed

veterinarian. If confined on the premises of the owner or caretaker, the following

requirements shall apply:

(1) Leash and Muzzle. No owner shall permit a dangerous animal to go outside its

kennel or pen unless the animal is securely restrained with a leash no longer than

four feet (4’) in length by a person who is at least sixteen (16) years of age who is

in physical control of the leash, competent to govern the animal and capable of

physically controlling and restraining the animal. The owner shall not leash an

animal to inanimate objects such as a tree, post, or building. When the animal is

on a leash outside the animal’s kennel, the owner shall muzzle the animal in a

humane way by a commercially available muzzling device sufficient to prevent

the animal from biting a person or other animal.

(2) Confinement. Except when leashed and muzzled the owner shall ensure the

dangerous animal is securely confined indoors or in a securely enclosed and

locked pen or kennel that is located on the premises of the owner and constructed

in a manner that does not allow the animal to exit the pen or kennel on its own

volition. The owner shall not permit an animal to be kept on a porch, patio, or in

any part of a house or structure on the premises of the owner that would allow the

animal to exit the building on its own volition. The owner shall not permit the

animal to be kept in a house or structure when the windows are open or when

screen windows or screen doors are the only obstacle preventing the animal from

exiting the structure.

(3) Signs. The owner of a dangerous animal shall display, in prominent places on

his or her premises near all entrances to the premises, signs in letters of not less

than two inches (2”) high warning that there is a dangerous animal on the

property. A similar sign shall be posted on the kennel or pen of the animal. In

addition, the owner shall conspicuously display a sign with a symbol warning

children of the presence of a dangerous animal.

(4) Notification. The owner of a dangerous animal shall notify the Oneida Police

Department and/or the Oneida Conservation Department immediately if the

animal is at large, is unconfined, has attacked another animal, or has attacked a

3 O.C. 304 – Page 12

24 of 48

Draft 2 - PM Draft

2019 03 11

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person.

animal pending a hearing, the animal may be impounded by the Oneida Police Officer or

Oneida Conservation Warden issuing the dangerous animal determination.

304.11-4. Dangerous Animal Determination Hearing. A hearing on the dangerous animal

determination shall be held within fourteen (14) days of submission of the written objection with

the Trial Court. At the hearing, the Trial Court shall determine whether the determination that the

animal is dangerous should be substantiated.

(a) If the Trial Court concludes that the determination that the animal is dangerous is

substantiated, then the Trial Court shall issue an order that mandates the animal be

removed from the Reservation within forty-eight (48) hours of the determination.

(1) The order shall contain the requirement that the owner notify the Oneida

Police Department within twenty-four (24) hours if the dangerous animal has

been sold or been given away. If the dangerous animal has been sold or given

away, the owner shall also provide the name, address and telephone number of the

new owner of the dangerous animal. If the dangerous animal is sold or given

away to a person residing outside the Reservation or to a person or entity that falls

outside of the jurisdiction of this law, the owner shall present evidence to the

Oneida Police Department showing that he or she has notified the police

department or other law enforcement agency of the animal's new residence,

including the name, address and telephone number of the new owner. The Oneida

Police Department shall forward all such notifications to the Environmental,

Health, Safety and Land Division within a reasonable amount of time.

(b) The Trial Court may order a dangerous animal to be destroyed. If such an order is

issued, the Trial Court shall require the owner submit proof of destruction within five (5)

business days from a licensed veterinarian. If the owner does not satisfy these

requirements, an Oneida Police Officer and/or an Oneida Conservation Warden shall

seize the animal and enforce compliance at the cost of the owner.

restitution is appropriate.

304.11-5. Appeal of the Trial Court’s Decision. An appeal of the Trial Court’s decision on the

dangerous animal determination may be appealed to the Nation’s Court of Appeals.

(a) An appeal shall be submitted to the Court of Appeals within five (5) business days

from the date of the Trial Court’s decision.

(b) Upon an appeal to the Court of Appeals, the order to remove the animal from the

Reservation or any order to destroy an animal is stayed pending the outcome of the

appeal.

604.11-6. Dangerous Animal Exception. The Trial Court may provide an exception to the

dangerous animal provisions of this law for a law enforcement or military animal upon

presentation by the animal’s owner or handler of a satisfactory arrangement for safe keeping of

the animal.

304.12.

Owner Liability

3 O.C. 304 – Page 13

25 of 48

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Draft 2 - PM Draft

2019 03 11

304.12-1. An owner shall be liable for damages caused by his or her domestic animal.

(a) First Offense. The owner is liable for the full amount of damages caused by the

domestic animal.

(b) Subsequent Offenses. The owner shall be liable for two (2) times the full amount of

damages caused by the domestic animal if the owner knew or should have known that the

domestic animal previously caused damages.

304.13. Enforcement of Violations

304.13-1. Citations. Citations for the violation of this law and/or orders issued pursuant to this

law may include fines, penalties and conditional orders in accordance with the fine, penalty, and

licensing fee schedule.

304.13-2. Citation Pre-Hearing. All citations shall include a pre-hearing date with the Trial

Court which shall be set for the next scheduled monthly prehearing date that is at least thirty (30)

days after the citation was issued, excluding dangerous animal citations which shall follow the

process contained in section 304.11.

(a) Persons wishing to contest a citation shall appear at the prehearing, at which time the

Trial Court shall accept pleas which either contest or admit committing the act for which

the citation was issued.

(b) In addition to scheduling requested hearings, the Trial Court may also make

conditional orders at the prehearing which are effective until the matter is resolved.

304.13-3. Citation Hearing. The Trial Court shall schedule a hearing as expeditiously as

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

for all persons entering a plea contesting the fact that they committed the act for which a citation

was issued.

304.13-4. Appeals of the Trial Court’s Determinations. Any person wishing to contest the

determination of the Trial Court may appeal to the Nation’s Court of Appeals in accordance with

the Rules of Appellate Procedure.

304.13-5. Fines. All fines shall be paid to the Trial Court. Cash shall not be accepted for

payment of fines. Money received from fines shall be contributed to the General Fund.

(a) Fines shall be paid within ninety (90) days after the order is issued or upheld on final

appeal, whichever is later. If the fine is not paid by this deadline, the Trial Court may

seek to collect the money owed through the Nation’s garnishment and/or per capita

attachment process.

(1) The ninety (90) day deadline for payment of fines may be extended if an

alternative payment plan is approved by the Trial Court.

(b) Community service may be substituted for part or all of any fine at the minimum

wage rate of the Nation for each hour of community service.

End.

Adopted - BC-03-13-96-B

Amended – BC-06-22-11-G

Amended – BC-06-28-17-B

Amended – BC-__-__-__-__

3 O.C. 304 – Page 14

26 of 48

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2019 03 11

598

3 O.C. 304 – Page 15

27 of 48

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE

PUBLIC MEETING

Domestic Animals Law Amendments

Business Committee Conference Room-2nd Floor Norbert Hill Center

March 11, 2019 12:15 p.m.

Present: Kirby Metoxen, Clorissa N. Santiago, Brandon Wisneski, Lee Cornelius, Jennifer Falck,

Kristen Hooker, Joel Maxam, Steve Linskens, Laura Manthe, Robert Keck, James Petitjean.

Kirby Metoxen: Good Moring. We’re going to go ahead and call the community order, um,

community meeting to order on the Domestic Animals law amendments public meeting. Good

Afternoon. The time is 12:16 p.m. and today’s date is Monday, March 11, 2019. I will now call

to order the public meeting for the proposed amendments to the Domestic Animals law.

The Legislative Operating Committee is hosting this public meeting to gather feedback from the

community. The public meeting is not a question and answer period. The LOC will review and

consider all comments received during the public comment period. The LOC will respond to all

comments received in a memorandum, which will be submitted in the meeting materials of a future

LOC meeting.

All persons who wish to present oral testimony need to register on the sign in sheet at the back of

the room. If you leave an email address on the sign in sheet, we can ensure you receive a copy of

the memorandum.

Additionally, written comments may be submitted to the Nation’s Secretary’s Office or to the

Legislative Reference Office in person, by U.S. mail, interoffice mail, e-mail or fax as provided

on the public meeting notice. These comments must be received by close of business on Monday,

March 18, 2019.

In attendance with the LOC is myself Kirby Metoxen, Vice-Chair of the LOC.

The LOC may impose a time limit for speakers pursuant to section 109.8-3(c) of the Legislative

Procedures Act. As the presiding LOC member, I am imposing a time limit of five (5) minutes.

This time limit shall be applied equally to all persons.

We will now begin today’s public meeting for the proposed amendments to the Domestic Animals

law. The purpose of this law is to protect the health, safety, and welfare of the community by

requiring certain basic measures to prevent the spread of disease carried by domestic animals; set

minimum standards for the treatment of animals; prohibit certain species of animals from being

brought onto the Reservation; regulate the keeping of livestock on lots zoned residential within the

Reservation; and establish consequences for damages caused by domestic animals.

LOC Public Meeting Transcript of March 11, 2019

Page 1 of 2

28 of 48

Those who wish to speak please come to the microphone. And we will wait for a few minutes to see if

anyone shows up. Jen what is our time limit for waiting?

Jennifer Falck: (inaudible)

Kirby Metoxen: Huh? Fifteen (15) minutes?

With there being no more speakers registered, the public meeting for the proposed amendments to

the Domestic Animals law is now closed at 12:32 p.m.

Written comments may be submitted until close of business on Monday, March 18, 2019. Thank

you.

-End of Meeting-

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

LOC Public Meeting Transcript of March 11, 2019

Page 2 of 2

ONEIDA

29 of 48

Public Comment Received from Candice Skenandore on March 16, 2019

Resolution

In order to avoid future amendments to the Domestic Animals (Law), the Legislative Operating

Committee (LOC) may want to consider removing proposed section 304.10 Prohibited Animals

from the Law and place this information into a resolution. This will allow the list of prohibited

animals to be revised from time to time as the Community’s needs change. The Law could simply

refer to the Resolution and the Resolution can be published along side the Law on the Code of

Laws so as the Community has easy access to such information.

Alpacas & Llamas

I applaud the LOC for their continued support of excluding animals such as alpacas and llamas

from the list of prohibited animals. This will ensure that our Community can enjoy these creatures

for generations to come. Should the LOC choose to remove the list of prohibited animals and

instead identify such animals by Resolution, I recommend that alpacas and llamas still be allowed

to safely reside within the Reservation boundaries [See proposed Domestic Animals, 3 O.C.

304.10-2 (a) (2)].

Sugar Gliders

I do not agree with the LOC’s decision to continue including sugar gliders from the list of

prohibited animals and ask that the LOC reconsider allowing these adorable marsupialia to reside

on the Reservation [See proposed Domestic Animals, 3 O.C. 304.10-2 (a) (5)]. According to

PetMD, sugar gliders make excellent pets so long as the owner(s) understands the needs of these

amazing creatures. Sugar gliders are nocturnal, meaning they can provide companionship to our

Community members that may work the 3rd shift or have trouble sleeping. The average life-span

of a sugar glider is 5-7 years which is enough time to teach children the importance of taking care

of another life while not burdening a family with a lengthy commitment. Typical adult male sugar

gliders weigh 0.22-0.35 lbs and adult females weigh 0.18-0.29 lbs. Females only produce 1-2

joeys (babies) per litter which will ensure that the Community will not be overrun with sugar

gliders. Lastly, sugar gliders are omnivores (eat both plant and animal matter) and enjoy insects

such as crickets and mealworms. Allowing sugar gliders to reside on the Reservation may ease

the noise of the occasional cricket that gets trapped in a house or dwelling during those long

summer months. This could improve the sanity and sleep of the Community [See PetMD,

https://www.petmd.com/exotic/care/all-about-sugar-gliders].

The LOC should be made aware that sugar gliders can also serve as emotional support animals.

According to Americans with Disabilities Act National Network, emotional support animals are

animals that provide companionship, relieve loneliness, and may help with depression, anxiety and

certain phobias. An article by College Avenue Magazine talks about a student’s struggle after

brain surgery and that her sugar glider named “Zaboo” provide comfort to her during her recovery

process [See College Avenue Magazine, https://collegian.com/2018/02/sugar-gliders-can-beservice-animals-too/]. I highly encourage the LOC to reconsider denying our Community the

comfort, joy, and emotional support that sugar gliders bring.

30 of 48

From:

To:

Cc:

Subject:

Date:

Attachments:

Laura E. Laitinen-Warren

Clorissa N. Santiago; Brandon M. Wisneski; Jennifer A. Webster

Tehassi Tasi Hill

Domestic Animal Law Amendments

Monday, March 18, 2019 5:00:53 PM

image001.png

Good Afternoon,

Chairman Hill has would like to ensure consideration for the amount of hens needed for egg

production to provide for a family. The limit on 4 hens for property that is two acres or smaller may

be too restrictive. The Oneida Nation demonstrates our right to food sovereignty, and we want to

be sure we are not putting up barriers for citizens who also wish to exercise this right. Thank you for

the opportunity to comment.

Laura

Laura Laitinen-Warren

Senior Policy Advisor

Office of Chairman Tehassi Hill

920.869.4427

31 of 48

Legislative Operating Committee

Agenda Request Form

Request Date: __

0_3-_1_5_-_19__________________

2) Contact Person(s): Daniel Guzman-King

Dept: OBC

Phone Number: 920-869-4366

Email: Dguzman@oneidanation.org

Agenda Title: _ __..~"""-;;'-'T._.(_,~__.D""'-+'(Cc.ct....._A-'-"·s=-e:_

_._?rl:=-,_'_,_;~,_1={)'-"-"'"---,P1-."--t=-.,ol....,t=-s'"'"'

$,.____ _ _ _- - - ' - - - - -

Detailed description of the item and the reason/justification it is being brought before the Committee

On Jan 21: 2019, the GTC approved a memorandum to change the GTC petition process. Summary: Petition

topic is brought forward to GTC excluding unconstitutional and financially impossible petitions. From there,

GTC votes to hear the topi,c or not. "Motion by Sherole Benton to direct the OBC to develop a process and put it in resolution

form and to bring back to the GTC, seconded by Lynn Cornelius." Support-870, Oppose-821, Abstention-66, total 1757 votes

List any supporting materials included and submitted with the Agenda Request Form

I) GTC documents 1/21/19

3) _ _ _ _ _ _ _ _ _ __

4) _ _ _ _ _ _ _ _ _ _ __

5) Please List any laws, ordinances or resolution that might be affected:

GTC petition process

Please List all other departments or person(s) you have brought your concern to:

GTC

Do you consider this request urgent?

li]Yes

0No

If yes, please indicate why: GTC__d_ir_e_c_ti_v_e_____________________ _

I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by the

Legislative Operating Committee

Please send this form and all supporting materials to:

LOC@oneidanation.org

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

32 of 48

ONEIDA GENERAL TRIBAL COUNCIL

AGENDA

WELCOME

11.

ANNOUNCEMENTS & CALL MEETING TO ORDER

Ill.

ADOPT THE AGENDA

IV.

NEW BUSINESS

SPECIAL MEETING

A. Consider adoption of Election Law amendments

a) Presentation

b) Discussion

c) Action

B. Petitioner Cathy L. Metoxen - Oneida Youth Leadership Institute

a) Presentations

b) Discussion

c) Action

C. Consider adoption of GTC resolution entitled Amending the 120-Day

Petition Timeline Adopted by the General Tribal Council

a) Presentation

b) Discussion

c) Action

6:00 p.m.

LOCATION

Radisson

Hotel & Conference

Center

2040 Airport Dr.,

Green Bay, WI

DIRECTIONS

Radisson Website:

D. GTC Directs: Petition Process

a) Presentation

b) Discussion

c) Action

Mon., January 21, 2019

goo .gl/bWyJxX

Google Maps Directions:

goo.gl/mapsNpckysq8Y J22

ADJOURN

General Tribal Council

Special Meeting Agenda

Pag~ 1 of 1

January 21, 2019

33 of 48

TOPIC:

GTC DIRECTS: PETITION PROCESS

Memo from the Oneida Business Committee ......................... 140

139

34 of 48

Oneida Nation

Oncid,1 Business Committee

PO f3QX 36'.i • 011cid,,, WI 5'1155 0365

on1:.•idH·n~n.9ov

ONEIDA

MEMORANDUM

To:

General Tribal Council

From: Oneida Business Committee

Date: December 14, 2018

RE:

Cl)

Recommendations for Change - "GTC Directs: Petition Process"

It is the fiduciary responsibility of every single general tribal council member to make

wise decisions on behalf of the nation.

..c:

.:=

Cl)

·· Over the years, petitions and GTC meeting agenda items have varied from issues of

great importance to GTC, to items that have been deleted off of agendas and not heard

by the governing body at all.

!/)

Cl)

(.)

0..

Through the current petition process, it only takes fifty (50) signatures to submit a

petition to be added on a GTC meeting agenda. The submission of a petition begins an

demanding, time consuming process which takes up a significant amount of the nation's

resources. An extensive amount of research and analyses must be completed within a

short time period of one-hundred and twenty (120) days in' order to bring forward an

agenda item to be presented to the GTC (Note: we have had several petitioners

request an extension of time to submit their presentation materials). A Statement

of Effect, a Financial Analysis, and a Legal Analysis must be completed and reviewed

as accurate and factual information in order to be presented. This process incorporates

any number of departments, researchers, and analysts depending upon the petition

requests. After all the information is compiled into a packet, it must then be printed,

packed, and mailed to tribal members at a cost which continues to increase. This, also

in combination with work hours, and the cost of the actual GTC meeting, has gone into

the millions of dollars.

This current process stifles the nations' progress, hinders work from being completed,

and deters everyone involved from focusing on their primary roles and responsibilities.

It is not the government's primary role to vet, research, and analyze petition requests.

The government's primary role is to promulgate the laws and ordinances of the nation,

exercise its sovereignty, protect the people, land, resources, and treaty rights of the

Oneida Nation.

Page 1 of 2

/\ good rnind. I\ good head.,\ slrong firo.

140

35 of 48

We propose a more effective and efficient way of processing petitions; by giving the

decision-making power back to the General Tribal Council. We propose that the

General Tribal Council decides on what it wants to hear. First by taking a petition at face

value to see if the proposed item has merit to be brought in front of the GTC. This

would happen before the vetting and research process would begin. If the GTC votes

for a proposed topic to be brought before them for discussion·, then the analyses

process begins, and all the necessary information would then be brought in front of the

GTC for formal discussion. If the GTC decides that the proposed topic has no merit and.

does not want to discuss the item, then the petition fails with no work or discussion had.

Proposed GTC Directs: Petition Process Change:

1. Submit Petition through current regular process.

2. Petition topic is brought forward at face value to GTC at next available meeting,

excluding those petitions that unconstitutional or are financially impossible.

3. GTC votes whether or not it wants the topic to be vetted and brought forward for

formal discussion.

a. If GTC decides to hear a topic, it is then brought through the current

research processes, and brought back to GTC.

i. The timeline would then start upon approval of GTC.

b. If GTC decides not to hear a topic, the petition fails and no work is done

on the item.

~·

5·

::::,

(')

In essence, the GTC sets the agenda.

(/)

It creates focus on what we are doing as a nation, where we focus our energies, and

what we spend our time and dollars on. It also helps us to strategize and plan into the

future more effectively. A shift will occur in resources such as time, energy, monies,

and work time.

WE ALL are working to create a stronger nation. We are a blessed nation because of it. ·

Let us continue working together to move this nation forward in a positive direction.

::r

SkanA

Recommended Action: Motion to adopt the proposed GTC Directs: Petition

Process.

Page 2 of 2

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

141

ONEIDA

36 of 48

GTC Directs: Petition Process Page141

1. Submit Petition through current regular process.

2. Petition topic is brought forward at face value to

GTC at next available meeting, excluding those

petitions that unconstitutional or arefinancially

impossible.

3. GTC votes whether or not it wants the topic to

be vetted and brought·forward for formal

discussion.

If GTC decides to hear a topic, it is then brought

through the current research processes, and brought

back to GTC.

The timeline would then start upon approval of GTC.

b) If GTC decides not to hear a topic, the petition fails

and no work is done on the item.

37 of 48

Current Petition Process Page 140

, ,:P~i¢!QNJ~gm,~~01... ?~fflg~~:~~~~'.~~~~ . . , IW;t~~16f~1m~~K~i~

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,·.,J'~·~~1!ll~,,$lf~i1~!11ifM1~1ria~~~?.~1~;P;¥1~~~70'ij~,..·

38 of 48

GTC Directs: Petition Process Page141

··Reti tion ,sentto.'Tfust. . En,r,e:)ltm.entcJor verlficatlon of,··

. . .• ,)$•igio~t.~i~sc .>·. • ,;>.··.. '

·•·········stafEfme;nf cff:fff~®t··~"lega·r~·Reiilew:&"fis~ca'l;''fii1Waeft····j

·. . . , · · · · · . · · . ·· · ·. /.· "i:SrJ;~~~mi~~~~~;~~r· · · . . .· . · · ·. . · · ··. . · . · · ·· ·•

' ~'P.mrg~v~,~fP't:ilht~;~}.

. ··M·~~ti•og.·.'M'ijt~·rt~·1:~:tgp·m:f5.i·te~.},'

.. ···.

·• 2·I; ·iii'~Jt1~·.~i,~1H;~;af1,r , · •. ,~:·J::}.·.

't""'I

39 of 48

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365

Oneida-nsn.gov

AGENDA REQUEST FORM

3/18/19

1) Request Date: _____________________________________________________

Ernie Stevens III

2) Contact Person(s): ______________________________________

OBC

Dept:____________________________

920-869-4382

esteven4@oneidanation.org

Phone Number:_________________________

Email: __________________________________

Indian Preference 3) Agenda Title:___________________________________________________________________

4) Detailed description of the item and the reason/justification it is being brought before the LOC:

_______________________________________________________________________________

Requesting amendment to 502.3(n)(2) "Tribal entity" to also exclude

Oneida ESC Group, LLC and its subsidiaries.

_______________________________________________________________________________

List any supporting materials included and submitted with the Agenda Request Form

1) ________________________________

3) ________________________________

2) ________________________________

4) ________________________________

5) Please list any laws, policies or resolutions that might be affected:

Indian Preference

_______________________________________________________________________________

6) Please list all other departments or person(s) you have brought your concern to:

Oneida ESC Group LLC

______________________________________________________________________________

7) Do you consider this request urgent?

Yes

If yes, please indicate why:

________________________________________________________________

I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by

the Legislative Operating Committee.

Signature of Requester:

__________________________________________________________________________

Please send this form and all supporting materials to:

LOC@oneidanation.org

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

40 of 48

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

000000

O. _

Oneida Business Committee

David P. Jordan, LOC Chairperson~~ (

April 24, 2019

Children's Code Implementation Quarterly Update

TO:

FROM:

DATE:

RE:

The Children's Code was adopted by the Oneida Business Committee (OBC) through resolution

BC-07-26-17-J for the purpose of providing for the welfare, care, and protection of Oneida

children through the preservation of the family unit, by assisting parents in fulfilling their

responsibilities as well as facilitating the return of Oneida children to the jurisdiction of the Nation,

and acknowledging the customs and traditions of the Nation when raising an Oneida child.

On July 26, 2017, the OBC directed that a full implementation plan be submitted to the OBC, with

quaiierly reports submitted thereafter, and a one (1) year review of the Children's Code itself as it

relates to the full implementation. On September 13, 2017, the OBC reviewed and accepted the

Children's Code Implementation plan. This implementation plan was to be used as a guideline for

the affected entities to prepare for the successful implementation of the Children's Code. The

implementation plan was not intended to be exhaustive. The OBC was granted the authority to

modify the effective date of the Children's Code or implementation plan as it deems necessary to

successfully implement the Children's Code.

The Oneida Business Committee then took action through resolution BC-10-24-18-A to amend

resolution BC-07-26-17-J to delay the implementation of the Children's Code. The Children's

Code is now set to become effective on October 1, 2019.

This memorandum serves as the sixth quaiierly update to the OBC on the implementation of the

Children's Code.

OBC accepted OBC 100k actlO'l

Code was

adopted by

theOBC

throueh

resolution

the fourth

quarurly

report on the!

lmplementatl

lmple mentatl

on of this law.

on Plan.

report on t he

lmptementatlo

n or this law .

quarterly

report on the

imptementatio

nofthlsll!lw.

BC-07· 26·17·J.

law was set

OBC

to become

approved a

effective 455 draft 161

calendar days Aj:reement

after the

and directed

adoption of

neeotiatlons

the FY 2018

begin.

budget.

throueh

quarterly

resolution

report on the BC-10-24-18-A

implementatlo to amend

nor this raw. resolution

BC·07·26·17·J to

on the

implementation Implementation

of this law is

presented to the presented to the

OBC.

delay the

implementation

of this law.

Childre n's

Code set to

become

effective

January 6,

2019.

Children's Code

now set to

become

effective

October 1, 2019.

OBC directed a

full

lmpleme:ntation

plan be

submitted to the

OSC, with

quanerty reports

submitted

thereafter, and a

one (1) ye:ar

review of the

Children's Code

Itself as it relates

to the full

lmpleme:ntation

Page 1 of 6

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

41 of 48

ONEIDA FAMILY COURT

Accomplishments

In accordance with the approved implementation plan, the Oneida Family Comi (OFC) was able

to complete the following by the time of this sixth quaiierly repmi:

• Collaborative Meeting with the ICW Department.

• On February 7, 2019, the OFC held a work meeting with the Indian Child Welfare

Depaiiment (ICW). During this meeting the OFC and ICW discussed having the

OFC clerks visit with the ICW staff in late August 2019 to learn more about what

ICW does. OFC and the ICW also discussed ICW using one of the comirooms over

the summer to do mock hearings to train their staff. The OFC and ICW also

discussed potential revisions to the Children's Code, with the Court focusing on the

one-year review for the appropriate time for revisions.

Goals

In accordance with the approved implementation plan, the OFC has the following goals:

• Children's Code Training.

• All OFC staff, including peacemakers, will be trained on the Children's Code in

August 2019.

• Guardian Ad Litem Training.

• The OFC hopes to place the Guai·dian ad Litem (GAL) trainings back on the

calendar in early April 2019. The training sessions will be rescheduled once the

OFC learns the status of Attorney Paul Stenzel's contract as Attorney Stenzel and

Judge Collins are going to provide the training.

• The training sessions can accommodate approximately fmiy (40) individuals and

the court hopes to get fifteen (15) to twenty (20) individuals ce1iified to take GAL

appointments.

• Individuals that are approved to take GAL appointments in the current caseload

will also be offered oppmiunities to be ce1iified to work on Children's Code cases

separate from the two training sessions previously referenced.

• The GAL trainings will potentially be held in July 2019 and August 2019.

Challenges and Barriers to Implementation

The following matter may serve as a challenge or barrier for the OFC in their effmis to implement

the Children's Code:

• Guardians Ad Litem.

• The OFC has made efforts to recruit individuals to attend the training sessions and

is hopeful that those people that were signed up for the sessions in October and

November 2018 will be able to attend when the sessions are rescheduled for later

in 2019.

ODDOOC)

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•

The OFC will provide updates to the Oneida Business Committee if there are any

future issues.

ONEIDA INDIAN CHILD WELFARE DEPARTMENT

Accomplishments

In accordance with the approved implementation plan, the Indian Child Welfare Depaiiment

(ICW) was able to complete the following in time for the sixth quaiierly repo1i:

• Hiring ofAdditional Staff

• Two (2) vacant ICW positions were filled. The new staff members sta1ied on March

11, 2019.

• There is now only one (1) vacant ICW position as of the end of March, and approval

for the request to post the position has been submitted.

• Training.

• Training for staff continues, both internally through a newly developed orientation

and through our partnership with Wisconsin Child Welfare Professional

Development System (WCWPDS).

• A manual on court processes was created to assist in training staff.

• Involvement in the Development of 161 Agreements and Memorandums of Understanding.

• ICW continues to be involved in the development of 161 Agreements and

memorandums of understanding with Brown County.

• ICW held a meeting with Brown County on February 22, 2019.

• Children's Advocacy Center.

• ICW held a meeting with the Children' s Advocacy Center on January 31, 2019 to

ensure that Oneida is a working partner for forensic interviews and exams.

• Development ofStandards.

• ICW has continued to assess and develop structure, policy and process to suppmi

the Children's Code.

• ICW has finalized Safety standards, is working on a final revision of Access/Initial

Assessment standards, and has begun reviewing Ongoing standards as of February

2019.

• CW Family Solutions.

• ICW had a meeting with CW Family Solutions in January 2019 to learn more about

services that are offered for supervised visitation.

• Database Development and Access.

• ICW met with MIS and Enrollments twice during this quaiier to discuss a

memorandum of agreement and database development and access.

• Cultural Heritage Department Collaboration.

• On January 14, 2019, and February 28, 2019, ICW invited the Cultural Heritage

Department staff to a meeting to begin working on collaboration between the two

departments.

• Acquired Contracts.

• The Vanderperren Service Delivery contract has been finalized.

• Collaboration with the Family Court.

• On February 7, 2019, ICW and the OFC discussed potential revisions to the

Children's Code.

(KJQQQO;

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Goals

In accordance with the approved implementation plan, ICW has the following goals:

• Hiring ofAdditional Staff

• ICW cunently has a vacant position that needs to be filled.

• Training of Staff and Development of Standards.

• ICW would like to continue training all ICW staff, and also develop the necessary

internal policies, procedures, and standards to address issues related to the

implementation of the Children's Code.

• ICW would like to begin court document and process training for staff.

• ICW hopes to identify the safety and screening tools that will be utilized.

• 161 Agreements and Memorandums of Understanding with Brown and Outagamie County.

• ICW hopes to finalize a 161 Agreement and memorandum of understanding with

both Brown County and Outagamie County that will detail the relationship, roles,

payment for placements, communication, and responsibilities.

• Memorandum of Understanding with the Oneida Police Department.

• ICW and the Oneida Police Depaiiment hope to finalize the memorandum of

understanding that will detail the relationship, roles, communication, and

responsibilities of the two depaiiments.

• A meeting has been scheduled for April 15, 2019.

• Memorandum of Understanding with the Trust Enrollments Committee .

•. ICW hopes to finalize a revised memorandum of understanding with the Trust

Emollments Committee.

• Fiscal Year 2020 Budget .

• ICW will begin budget preparations for implementation of the Fiscal Year 2020

budget.

• Project Plan Visual.

• ICW will continue working with Chad Wilson on preparing a project plan visual.

• Memorandum of Understanding with Oneida Behavioral Health.

• ICW would like to enter into a memorandum of understanding with the Oneida

Behavioral Health for urinary analysis services.

• Acquisition of Contracts.

• ICW would like to pursue a contract for the use of supervised visitation services.

• Database Access.

• ICW hopes to determine the access to databases available to ICW and dete1mine

what ICW will need to case manage successfully.

• ICW plans on submitting a database request in the Fiscal Year 2021 budget.

• Preparation for On-Call Scheduling.

• ICW will soon need to begin preparations for the on-call scheduling that will be

necessary for ICW staff upon implementation of the Children's Code.

• Enrollments Database.

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ICW will need to complete the process for access to the Emollments database.

Challenges and Barriers to Implementation

The following matters have served as a challenge or baiTier for ICW in their effmis to implement

the Children's Code:

• Hiring ofAdditional Staff

• ICW has struggled with filling all vacant positions. There has been a thi1iy percent

(30%) turnover rate, and a lack of qualified applicants.

• Time Management.

• ICW has been challenged by time management and work loads.

• ICW still must maintain all cunent day to day responsibilities and duties, but also

has to prioritize the implementation of the Children's Code and prepare to take on

a larger role and more responsibilities once the Children's Code is implemented.

• 161 Agreements and Memorandums of Understanding with Brown and Outagamie County.

• The 161 Agreements and memorandums of understanding have progressed slowly.

Concerns

ICW has the following concerns for the implementation of the Children's Code:

• Legal Representation.

• ICW has concerns that the department will need more time and commitment from

its legal representation in the future for the Children's Code to be successful.

161 AGREEMENT NEGOTIATION TEAM

The OBC reviewed the draft 161 Agreement and on September 13, 2017, the OBC made a motion

to accept the update and changes to the draft 161 agreement as information, and directed the

negotiating team composed of representatives from the Law Office, Governmental Services, and

Intergovernmental Affairs & Communications, to begin negotiations with Outagamie County

followed by Brown County.

Accomplishments

The 161 Agreement Negotiation Team has completed the following in time for the sixth quaiierly

repo1i:

• Outagamie County Negotiations.

• There was no update provided on the status of the 161 Agreement or memorandum

of understanding with Outagamie County.

• Brown County Negotiations.

• ICW held a meeting with Brown County on February 22, 2019, regarding the

agreements.

• There was no further update provided on the status of the 161 Agreement or

memorandum of understanding with Brown County.

Goals

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In accordance with the approved implementation plan, the 161 Agreement Negotiation Team has

the following goals for the next quarter:

• Outagamie County Negotiations.

• Successfully negotiate and secure a 161 Agreement and memorandum of

understanding with Brown County.

• Brown County Negotiations.

• Successfully negotiate and secure a 161 Agreement and memorandum of

understanding with Brown County.

Challenges and Barriers to Implementation

The following matters have served as a challenge or banier for the 161 Negotiation Team in their

efforts to implement the Children's Code:

• 161 Agreement and Memorandums of Understanding.

• The process for securing 161 Agreements and memorandums of understanding with

both Outagamie County and Brown County has moved forward much slower than

anticipated.

Re uested Action

Accept the sixth Children's Code Qurn.ierly Update.

r'\.

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000000

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Oneida Nation

000000

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida.nsn.gov

TO:

FROM:

DATE:

RE:

r"\

Oneida Business Committee

Legislative Operating Committee

lt::

Jennifer Falck, Legislative Reference Office Directol() \

April 17, 2019

Consideration of the Request to Amend the Boards, Committees, and Commissions

Law

During the March 20, 2019, Legislative Operating Committee meeting the Legislative Operating

Committee was asked to consider adding the Boards, Committees, and Commissions law to the

Active Files List for amendments.

The Legislative Operating Committee adopted a motion to defer this item to a Legislative

Operating Committee work meeting for further discussion.

The Legislative Operating Committee discussed the request to amend the Boards, Committees,

and Commissions law during work meetings held on March 20, 2019, and April 11 , 2019.

Requested Action

Consider the request to add the Boards, Committees, and Commissions law to the Active Files List

for amendments.

Page 1 of 1

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April 2019

May 2019

SuMo TuWe Th Fr Sa

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

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

SUNDAY

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

SATURDAY

Mar 31

Apr 1

2:00pm LOC

Work Session

(BC_Exec_Conf

_Room) Clorissa N.

Santiago

1:30pm FW: LOC

Work Meeting

(BC_Exec_Conf

_Room) Maureen S.

Perkins

9:00am LOCCANCELLED

(BC_Conf_Roo

9:00am LOC

Meeting CANCELLED

9:00am LOC

Meeting -

2:30pm FW: LOC

Work Meeting

(BC_Exec_Conf

_Room) Jennifer A.

Falck

9:00am LOC

Meeting

(BCCR) - LOC

9:00am LOC

Work Session

(BC_Exec_Conf

_Room) Clorissa N.

Santiago

LOC

May 1

4/9/2019 10:01 AM

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May 2019

June 2019

SuMo TuWe Th Fr Sa

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

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

SUNDAY

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

SATURDAY

Apr 28

May 1

9:00am LOC

(BC_Conf_Roo

m) - LOC

9:00am LOC

Meeting

(BC_Conf_Roo

9:00am LOC

Meeting

9:00am LOC

Work Session

(BC_Exec_Conf

_Room) Clorissa N.

Santiago

9:00am LOC

Meeting

(BCCR) - LOC

Jun 1

2:30pm LOC

Work Session

(BC_Exec_Conf

_Room) Clorissa N.

Santiago

9:00am LOC

Work Session

(BC_Exec_Conf

_Room) Clorissa N.

Santiago

LOC

4/9/2019 10:01 AM

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.