# Phone: (920)869-2214

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A5f2fc8eb5b16c64c

## Record

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

## Text

Oneida Nation
Post Office Box 365
Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 05-13-20-A
Amendments to the Curfew 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 Curfew law (‘the Law”) was adopted by the Oneida Business Committee through
resolution BC-10-09-19-F; and

WHEREAS,

the purpose of the Law is to protect the health, safety, and welfare of persons and property
within the Reservation by regulating the activities of minors on the Reservation during
certain hours, while imposing certain obligations and responsibilities upon the parents,
guardians, and/or legal custodians of a minor for the control and supervision of that minor;
and

WHEREAS,

the Legislative Operating Committee worked collaboratively with representatives from the
Oneida Law Office to develop the amendments to this Law; and

WHEREAS,

the amendments to the Law remove an incorrect reference to the Nation’s territorial
jurisdiction, as the Nation’s territorial jurisdiction is provided by the Constitution and Bylaws
of the Oneida Nation and the Nation’s Judiciary law; and

WHEREAS,

the amendments to the Law remove a duplicative provision regarding personal jurisdiction
as personal jurisdiction is already provided by the Nation’s Judiciary law; and

WHEREAS,

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

WHEREAS,

a public meeting on the proposed amendments to this Law was scheduled for April 2, 2020,
in accordance with the Legislative Procedures Act, with the public comment period set to
be held open until April 9, 2020; and

WHEREAS,

after the public meeting was scheduled, the world was hit with a COVID-19 pandemic
resulting in many countries experiencing the effects of health issues and mortality related
to COVID-19 and vast economic impacts; 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

BC Resolution # 05-13-20-A
Amendments to the Curfew Law
Page 2 of 2

the Nation until April 12, 2020, which was then extended through May 12, 2020, through
the adoption of resolution BC-03-28-20-A; and
WHEREAS,

on March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer
at Home” declaration which prohibits all public gatherings of any number of people and
orders all individuals present within the Oneida Reservation to stay at home or at their
place of residence, with certain exceptions allowed; 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, 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,

on March 30, 2020, the Legislative Operating Committee provided additional notice that
the April 2, 2020, public meeting was canceled; and

WHEREAS,

although the April 2, 2020, public meeting was canceled, the public comment period was
still held open until April 9, 2020; and

NOW THEREFORE BE IT RESOLVED, that the amendments to the Curfew law are hereby adopted and
shall be effective on May 29, 2020.
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; 9 members
were present at a meeting duly called, noticed and held on the 13th day of May, 2020; that the forgoing
resolution was duly adopted at such meeting by a vote of 7 members for, 1 members against, and 0
members not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________
Lisa Summers, Secretary
Oneida Business Committee
*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A5f2fc8eb5b16c64c. Public record. Not legal advice.