Phone: (920)869-2214

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 09-08-21-A

Adoption of the Public Peace Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

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

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the purpose of the Public Peace law (“the Law”) is to set forth community standards and

expectations which preserve the peace, harmony, safety, health, and general welfare of

individuals who live within the boundaries of the Reservation; and

WHEREAS,

the Law delegates jurisdiction to the Trial Court for any action brought under this Law; and

WHEREAS,

the Law delegates authority to the Oneida Police Department to investigate complaints

involving civil infractions under this Law and issue citations for violations of this Law; and

WHEREAS,

the Law prohibits a person from committing a civil infraction under this Law; and

WHEREAS,

the Law provides the various civil infractions including:

 Civil infractions against property;

 Civil infractions against the peace;

 Civil infractions against government;

 Civil infractions against the person;

 Civil infractions involving alcohol, tobacco, and drugs;

 Civil Infractions affecting health and safety; and

WHEREAS,

the Law provides that a citation for a violation of this Law shall be processed in accordance

with the procedure contained in the Nation’s laws and policies governing citations, which

is currently the Citations law; and

WHEREAS,

the Law requires that an Oneida Police Department officer provide notice to the Oneida

Law Office attorney assigned to the Comprehensive Housing Division of any citation issued

to an individual located at a property rented or leased through the Comprehensive Housing

Division; and

WHEREAS,

the Law provides the various penalties to be utilized by the Trial Court upon a finding that

a violation of this Law has occurred, including fines, community service, participation in

counseling and/or other programs, restitution, and/or any other penalty as deemed

appropriate by the Trial Court; and

BC Resolution # 09-08-21-A

Adoption of the Public Peace Law

Page 2 of 2

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were developed for this Law; and

WHEREAS,

a public meeting on this proposed Law was not held in accordance with the Legislative

Procedures Act due to the COVID-19 pandemic; and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19 which declared a Public Health State of Emergency for

the Nation until April 12, 2020, which was then subsequently extended through September

26, 2021, by the Oneida Business Committee through the adoption of resolutions BC-0328-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, and BC-07-28-21-N; and

WHEREAS,

on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during

the public comment period for the duration of the Public Health State of Emergency, but

allows members of the community to still participate in the legislative process by submitting

written comments, questions, data, or input on proposed legislation to the Legislative

Operating Committee via e-mail during the public comment period; and

WHEREAS,

although a public meeting was not held for this proposed Law, the public comment period

for this Law was held open until June 9, 2021, and six (6) individuals submitted written

comments during the public comment period; and

WHEREAS,

the Legislative Operating Committee accepted, reviewed, and considered all public

comments received on July 7, 2021, and July 13, 2021; and

NOW THEREFORE BE IT RESOLVED, that the Public Peace law is hereby adopted and shall become

effective on September 22, 2021.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 8 members

were present at a meeting duly called, noticed and held on the 8th day of September, 2021; that the forgoing

resolution was duly adopted at such meeting by a vote of 7 members for, 0 members against, and 0

members not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Liggins, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."