# Oneida Business Committee (2021)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A66a2748a90be02ce

## Record

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

## Text

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
March 3, 2021
9:00 a.m.
This Legislative Operating Committee meeting will be closed to the public due to the Public Health State
of Emergency. This is a preventative measure as a result of the COVID-19 pandemic. An audio recording
of the meeting will be made available on the Nation’s website.
I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved
1. February 17, 2021 LOC Meeting Minutes (pg. 2)

III.

Current Business
1. Emergency Management and Homeland Security Law Amendments (pg. 3)
2. Community Support Fund Law Amendments (pg. 55)
3. Oneida Trust Enrollment Committee Bylaws Amendments (pg. 91)

IV.

New Submissions

V.

Additions

VI.

Administrative Updates

VII.

Executive Session
1. Children’s Code Emergency Amendments

VIII. Recess/Adjourn

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

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Oneida Nation

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Oneida Business Committee
Legislative Operating Committee

GDDDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Virtual Meeting held through Microsoft Teams
February 17, 2021
9:00 a.m.
Present: David P. Jordan, Kirby Metoxen Jennifer Webster, Marie Summers
Excused: Daniel Guzman King
Others Present: Clorissa N. Santiago, Kristen Hooker, Aliskwet Ellis, Kristal Hill, Rhiannon
Metoxen, Rae Skenandore
I.

Call to Order and Approval of the Agenda
David Jordan called the February 17, 2021, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Marie Summers to adopt the agenda; seconded by Jennifer Webster. Motion
carried unanimously.

II.

Minutes to be Approved
1. February 3, 2021 LOC Meeting Minutes
Motion by Jennifer Webster to approve the February 3, 2021 LOC meeting minutes and
forward to the Business Committee for consideration with noted adjustments; seconded by
Marie Summers. Abstention by Kirby Metoxen. Motion carried.

III.

Current Business
1. Oneida Higher Education Pandemic Relief Fund Law Emergency Amendments
Motion by Jennifer Webster to approve the Oneida Higher Education Pandemic Relief
Fund law emergency adoption packet and forward to the Oneida Business Committee for
consideration; seconded by Marie Summers. Motion carried unanimously.

IV.

New Submissions

V.

Additions

VI.

Administrative Items
1. Legislative Operating Committee FY21 First Quarter Report
Motion by Kirby Metoxen to approve the LOC FY21 First Quarter Report and forward to
the Oneida Business Committee; seconded by Marie Summers. Motion carried
unanimously.

VII.

Executive Session

VIII. Adjourn
Motion by Marie Summers to adjourn at 9:13 a.m.; seconded by Kirby Metoxen. Motion
carried unanimously.

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

Legislative Operating Committee Meeting Minutes of February 17, 2021
Page 1 of 1

ONEIDA

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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
March 3, 2021

Emergency Management and
Homeland Security Law
Amendments
Submission Date: 3/17/20

Public Meeting: Due to the COVID-19 pandemic,
public meetings were suspended by declaration of the
Nation’s COVID-19 Core Decision Making Team. A
public comment period was still offered in accordance with
the Legislative Procedures Act and held open until 1/13/20.

LOC Sponsor: David P. Jordan

Emergency Enacted: 3/17/20

Summary: This item was carried over from last term. The request for emergency amendments was
added to the AFL in March 2020 in response to the COVID-19 pandemic. On March 12, 2020, Chairman
Tehassi Hill signed a “Declaration of Public Health State of Emergency” in response to the COVID-19
pandemic, which has since been extended. The emergency amendments created and delegated authority
to a COVID-19 Core Decision Making Team – which allowed the COVID-19 Team to make changes to
internal operations and laws in a more efficient manner. The Oneida Business Committee adopted the
emergency amendments through resolution BC-03-17-20-E. These emergency amendments were set to
expire on September 17, 2020. The Oneida Business Committee extended the emergency amendments to
the Emergency Management and Homeland Security law for an additional six (6) month period beginning
on September 17, 2020, through the adoption of resolution BC-08-26-20-A. The emergency amendments
will now expire on March 17, 2021.
10/7/20 LOC: Motion by Jennifer Webster to add the Emergency Management and Homeland Security Law
Amendments to the Active Files List with David Jordan as the sponsor; seconded by Marie
Summers. Motion carried unanimously.
Motion by Jennifer Webster to Enter into the record the results of the August 24, 2020, e-poll
titled, “Approval of Emergency Amendments to the Oneida Higher Education Pandemic
Relief Fund Law;” seconded by Marie Summers. Motion carried unanimously.
11/4/20:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman
King, Marie Summers, Cristina Danforth, Clorissa N. Santiago, Deborah Thundercloud,
Debra Danforth, Michelle Myers, Kelly McAndrews, Mollie Passon, Kaylynn Gresham,
Robert Keck, Melinda Danforth, Kristal Hill, Rhiannon Metoxen, James Petitjean. This was a
work meeting held through Microsoft Teams. The purpose of this work meeting was to have
a general discussion on the COVID-19 Core Decision Making Team and if/how it should be
permanently included in the law, and then read through the law line-by-line and discuss other
potential permanent amendments that should be made. The attorney will update the draft based
on this discussion and schedule another work meeting with the team to review the draft.

Page 1 of 2

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12/8/20:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman
King, Marie Summers, Clorissa N. Santiago, Michelle Myers, Mollie Passon, Kaylynn
Gresham, Richard Figueroa, Kristal Hill, Rhiannon Metoxen, James Petitjean. This was a
work meeting held through Microsoft Teams. The purpose of this work meeting was to review
the updated draft of the proposed amendments to the law. Attorney will update the draft based
on these discussions and prepare the legislative analysis and public meeting packet.

12/10/20:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman
King, Marie Summers, Clorissa N. Santiago, Rhiannon Metoxen, James Petitjean. This was a
work meeting held through Microsoft Teams. The purpose of this work meeting was to finalize
a decision as to whether the Community/Public Health Officer should have the authority to
order individuals to take a vaccination during a public health emergency.

12/16/20 LOC: Motion by Kirby Metoxen to approve the Emergency Management and Homeland Security
law amendments draft, legislative analysis, and public comment period packet and forward
the Emergency Management and Homeland Security law amendments to a public comment
period to be held open until January 13, 2021; seconded by Marie Summers. Motion carried
unanimously.
1/13/21:

Public Comment Period Closes. Three (3) submissions of written comments were received
during the public comment period.

1/20/21 LOC: Motion by Jennifer Webster to accept the public comments and public comment review
memorandum and defer to a work meeting for further consideration; seconded by Daniel
Guzman King. Motion carried unanimously.
1/20/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Clorissa N. Santiago, Kristal Hill. This was a work meeting held through Microsoft Teams.
The purpose of this work meeting was to review and consider the written comments that were
received during the public comment period.

2/3/21 LOC:

Motion by Jennifer Webster to accept the updated public comment review memorandum and
legislative analysis; seconded by Daniel Guzman King. Motion carried unanimously.
Motion by Jennifer Webster to revise the definition for “Director” found in section 302.3-1(e)
to change “Emergency Management and Homeland Security Agency” to “Emergency
Management Department;” seconded by Daniel Guzman King. Motion carried unanimously.
Motion by Jennifer Webster to approve the fiscal impact statement request memorandum and
forward to the Finance Department directing that a fiscal impact statement be prepared and
submitted to the LOC by February 17, 2021; seconded by Marie Summers. Motion carried
unanimously.

2/12/21:

Fiscal Impact Statement Received. The Finance Department provided the LOC the fiscal
impact statement for the proposed amendments to the law.

Next Steps:
▪ Approve the Emergency Management and Homeland Security law amendments adoption
packet and forward to the Oneida Business Committee.
▪ Approve the resolution titled, “Emergency Management Law Citation Schedule” and forward
to the Oneida Business Committee for consideration.
Page 2 of 2

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Draft 2 for OBC Consideration (Redline to Draft 2)
2021 03 10
Title 3. Health and Public Safety – Chapter 302
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Matters that are concerning immediate attention
EMERGENCY MANAGEMENT

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302.1. Purpose and Policy
302.2. Adoption, Amendment, Conflicts
302.3. Definitions
302.4. Emergency Management Department
302.5. Oneida Nation Emergency Planning Committee

302.6. Entity Cooperation
302.7. Public Health Emergencies
302.8. Proclamation of an Emergency
302.9. Emergency Core Decision Making Team
302.10. Enforcement and Penalties

302.1. Purpose and Policy
302.1-1. Purpose. The purpose of this law is to:
(a) provide for the development and execution of plans for the protection of residents,
property, and the environment in an emergency or disaster;
(b) provide for the direction of emergency management, response, and recovery on the
Reservation; as well as coordination with other agencies, victims, businesses, and
organizations;
(c) establish the use of the National Incident Management System (NIMS); and
(d) designate authority and responsibilities for public health preparedness.
302.1-2. Policy. It is the policy of the Nation to provide:
(a) a description of the emergency management network of the Nation;
(b) authorization for specialized activities to mitigate hazardous conditions and for the
preparation of the Nation’s emergency response plans, as well as to address concerns
related to isolation and/or quarantine orders, emergency care, and mutual aid; and
(c) for all expenditures made in connection with such emergency management activities
to be deemed specifically for the protection and benefit of the inhabitants, property, and
environment of the Reservation.
302.2. Adoption, Amendment, Repeal
302.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-15-98-A
and amended by resolution BC-12-20-06-G, BC-05-13-09-F, and BC-__-__-__-__.
302.2-2. 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.
302.2-3. 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.
302.2-4. 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.
302.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
302.3. Definitions
302.3-1. This section shall govern the definitions of words or phrases as used within this law.
All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Biological agent” means an infectious disease or toxin that has the ability to adversely
affect human health in a variety of ways, from mild allergic reactions to serious medical
conditions, and including death.

3 O.C. 302 – Page 1

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(b) “Communicable disease” means any disease transmitted from one person or animal to
another directly by contact with excreta or other discharges from the body, or indirectly via
substances or inanimate objects that may cause a public health emergency.
(c) “Community/Public Health Officer” means an agent of the Comprehensive Health
Division, or his or her designee(s), who is responsible for taking the appropriate actions in
order to prevent a public health emergency from occurring on the Reservation.
(d) “Comprehensive Health Division” means the Oneida Comprehensive Health Division,
which is authorized to issue compulsory vaccinations, require isolation, and quarantine
individuals in order to protect the public health.
(e) “Director” means the Director of the Nation’s Emergency Management Department.
(f) “Emergency” means a situation that poses an immediate risk to health, life, safety,
property, or environment which requires urgent intervention to prevent further illness,
injury, death, or other worsening of the situation.
(g) “Emergency Management Network” means the entities, volunteers, consultants,
contractors, outside agencies, and any other resources the Nation may use to facilitate interagency collaboration, identify and share resources, and better prepare for local incidents
and large-scale disasters.
(h) “Emergency Response Plan” means the plan established to coordinate mitigation,
preparedness, response, and recovery activities for all emergency or disaster situations
within the Reservation.
(i) “Entity” means any agency, board, committee, commission, or department of the
Nation.
(j) “Fair Market Value” means the everyday cost of a product in an ordinary market,
absent of a disaster.
(k) “Isolation” means the separation of persons or animals presumably or actually infected
with a communicable disease, or that are disease carriers, for the usual period of
communicability of that disease in such places and under such conditions as will prevent
the direct or indirect transmission of an infectious agent to susceptible people or to those
who may spread the agent to others.
(l) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
(m) “Nation” means the Oneida Nation.
(n(l) “Nation” means the Oneida Nation.
(m) “National Incident Management System” or “NIMS” means the system mandated by
Homeland Security Presidential Directive 5 (HSPD 5) issued on February 28, 2003, that
provides a consistent nationwide approach for federal, state, local, and tribal governments
to work effectively and efficiently together to prepare for, prevent, respond to, and recover
from domestic incidents, regardless of cause, size, or complexity.
(on) “Oneida Nation Emergency Planning Committee” means the committee that assists
the Director in the implementation of this law.
(po)
“Proclaim” means to announce officially and publicly.
(qp)
“Public Health Emergency” means the occurrence or imminent threat of an illness
or health condition which:
(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a
biological agent; and
3 O.C. 302 – Page 2

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(2) poses a high probability of any of the following:
(A) a large number of deaths or serious or long-term disability among
humans; or
(B) widespread exposure to a biological, chemical, or radiological agent
that creates a significant risk of substantial future harm to a large number of
people.
(rq) “Quarantine” means the limitation of freedom of movement of persons or animals that
have been exposed to a communicable disease or chemical, biological, or radiological
agent, for a period of time equal to the longest usual incubation period of the disease or
until there is no risk of spreading the chemical, biological, or radiological agent. The
limitation of movement shall be in such manner as to prevent the spread of a communicable
disease or chemical, biological, or radiological agent.
(sr) “Reservation” means all land 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.
(s) “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 GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities
of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.
(t) “Vital resources” means food, water, equipment, sand, wood, or other materials
obtained for the protection of life, property, and/or the environment during a proclaimed
emergency.
302.4. Emergency Management Department
302.4-1. The Emergency Management Department shall be responsible for planning and
coordinating the response to a disaster or emergency that occurs within the boundaries of the
Reservation.
302.4-2. Authority of the Director. The Director shall be responsible for coordinating and
planning the operational response to an emergency and is hereby empowered to:
(a) organize and coordinate efforts of the emergency management network of the Nation;
(b) implement the Emergency Response Plan as adopted by the Oneida Business
Committee;
(c) facilitate coordination and cooperation between entities and resolve questions that may
arise among them;
(d) incorporate the HSPD 5 which requires all federal, state, local, and tribal governments
to administer the best practices contained in the NIMS;
(e) coordinate the development and implementation of the NIMS within the Nation;
(f) ensure that the following occurs:
(1) an Emergency Response Plan is developed and maintained, and includes
training provisions for applicable personnel;
(2) emergency resources, equipment, and communications systems are developed,
procured, supplied, inventoried, and accounted for;
(g) establish the line of authority as recorded in the Emergency Response Plan as adopted
by the Oneida Business Committee; and
(h) enter into mutual aid and service agreements with tribal, local, state, and federal
governments, subject to Oneida Business Committee approval.
302.4-3. Action when an Emergency is Proclaimed. In addition, in the event of a proclamation of
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an emergency on the Reservation, the Director is hereby empowered:
(a) to obtain vital resources and to bind the Nation for the fair market value thereof, upon
approval of the Emergency Management purchasing agent, who is identified in the
Emergency Response Plan. If a person or business refuses to provide the resource(s)
required, the Director may commandeer resources for public use and bind the Nation for
the fair market value thereof. In the event the purchasing agent is unavailable, the chain of
command, as approved by the Oneida Business Committee, shall be followed.
(b) to require emergency activities of as many members of the Nation and/or employees
as deemed necessary.
(c) to execute all of the ordinary powers of the Director, all of the special powers conferred
by this law or by resolution adopted pursuant thereto, all powers conferred on the Director
by any agreement approved by the Oneida Business Committee, and to exercise complete
emergency authority over the Reservation.
(d) to coordinate with tribal, federal, state, and local authorities.
302.5. Oneida Nation Emergency Planning Committee
302.5-1. The Oneida Nation Emergency Planning Committee shall consist of representatives from
entities and a community representative as identified in the Oneida Nation Emergency Planning
Committee bylaws as approved by the Oneida Business Committee.
302.5-2. The Oneida Nation Emergency Planning Committee shall meet as necessary to assist the
Director in drafting and maintaining the Emergency Response Plan.
302.5-3. At the request of the Director, the Oneida Nation Emergency Planning Committee shall
provide assistance to the Director in the implementation of the provisions of this law or any plan
issued thereunder.
302.6. Entity Cooperation
302.6-1. All entities shall comply with reasonable requests from the Director relating to
emergency planning, emergency operations, and federal mandate compliance.
302.6-2. The Nation may implement more strict policies or requirements than those issued by the
Community/Public Health Officer.
302.7. Public Health Emergencies
302.7-1. In order to prevent a public health emergency, the Director and the Community/Public
Health Officer shall take action to limit the spread of any communicable disease, in accordance
with this law.
302.7-2. Investigation of Communicable Disease. If the Community/Public Health Officer
suspects or is informed of the existence of any communicable disease, the Community/Public
Health Officer shall investigate and make or cause examinations to be made, as are deemed
necessary.
302.7-3. Quarantinable Diseases. The Community/Public Health Officer shall provide a list of
quarantinable diseases specified in a resolution to be adopted by the Oneida Business Committee.
302.7-4. Authority of the Community/Public Health Officer. The Community/Public Health
Officer shall act as necessary to protect the public including, but not limited to, the following
actions:
(a) Request the Director to take the necessary steps to have a public health emergency
proclaimed;
3 O.C. 302 – Page 4

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(b) Quarantine, isolate, or take other communicable disease control measures upon an
individual(s); and
(c) Issue any mandate, order, and/or require restrictions which may limit the spread of any
communicable disease to any individual, business, or the general population of the
Reservation.
302.7-5. Quarantine and Isolation. The Community/Public Health Officer shall immediately
quarantine, isolate, and/or take other communicable disease control measures upon an individual
if the Community/Public Health Officer receives a diagnostic report from a physician or a written
or verbal notification from an individual or his or her parent or caretaker that gives the
Community/Public Health Officer a reasonable belief that the individual has a communicable
disease that is likely to cause a public health emergency.
(a) If an individual is infected with a communicable disease and the Community/Public
Health Officer determines it is necessary to limit contact with the individual, all persons
may be forbidden from being in direct contact with the infected individual, except for those
persons having a special written permit from the Community/Public Health Officer.
(b) Any individual, including an authorized individual, who enters an isolation or
quarantine premises may be subject to isolation or quarantine under this law.
(c) When the Community/Public Health Officer deems it necessary that an individual be
quarantined, isolated, or otherwise restricted in a separate place, the Community/Public
Health Officer shall have that individual removed to such a designated place, if it can be
done without danger to the individual’s health.
302.7-6. Action when a Public Health Emergency is Proclaimed. In addition, when a public health
emergency is proclaimed, the Community/Public Health Officer may do all of the following, as
necessary:
(a) organize the vaccination of individuals;
(1) The following types of individuals shall not be subject to a vaccination:
(A) an individual who the vaccination is reasonably likely to lead to serious
harm to the individual; and
(B) an individual, for reason of religion or conscience, refuses to obtain the
vaccination.
(b) isolate or quarantine individuals, including those who are unable or unwilling to receive
a vaccination; and
(c)
prevent any individual, except for those individuals authorized by the
Community/Public Health Officer, from entering an isolation or quarantine premises.
302.7-7. The Oneida Police Department shall take enforcement action when necessary and work
with the Community/Public Health Officer to execute the Community/Public Health Officer’s
orders and properly guard any place if quarantine, isolation, or other restrictions on communicable
disease are violated or intent to violate becomes apparent.
302.7-8. Expenses for necessary medical care, food, and other articles needed for an infected
individual shall be charged against the individual or whoever is liable for the individual’s care and
support.
302.8. Proclamation of an Emergency
302.8-1. Proclamation of an Emergency. The Oneida Business Committee shall be responsible
for proclaiming or ratifying the existence of an emergency and for requesting a gubernatorial or
presidential declaration.
(a) The Director may request that the Oneida Business Committee proclaim the existence
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of an emergency. The Oneida Business Committee may proclaim the existence of an
emergency without a request from the Director, if warranted.
(b) In the event the Oneida Business Committee is unable to proclaim or ratify the
existence of an emergency, the Director may proclaim an emergency which shall be in
effect until such time the Oneida Business Committee can officially ratify this declaration.
302.8-2. No proclamation of an emergency by the Oneida Business Committee or the Director
may last for longer than sixty (60) days, unless the proclamation of emergency is extended by the
Oneida Business Committee.
302.8-3. Management Network. The emergency management network of the Reservation shall
be as specified in the Emergency Response Plan, as adopted by the Oneida Business Committee.
302.8-4. After-Action Report. After an emergency has subsided, the Director shall prepare, or
shall work in conjunction with the appropriate entity to prepare, an after-action report to be
presented to the Oneida Business Committee, any interested entity, and the public. This report
shall be presented to the required parties no later than sixty (60) days after the emergency has
subsided, unless an extension is granted by the Oneida Business Committee.
302.8-5. During a proclaimed emergency, the Conservation Department shall be responsible for
the care, disposal, and sheltering of all abandoned domestic animals and livestock. The
Conservation Department may delegate this responsibility to a contracted agency.
302.9. Emergency Core Decision Making Team
302.9-1. Emergency Core Decision Making Team. Upon the proclamation of an emergency under
this law, the Oneida Business Committee may establish an Emergency Core Decision Making
Team through the adoption of a motion. The motion shall identify the positions of the Nation which
shall make up the members of the Emergency Core Decision Making Team based on the type and
severity of emergency the Nation is experiencing.
302.9-2. Delegation of Authority. The Emergency Core Decision Making Team shall have
emergency authority to take the following actions:
(a) Notwithstanding any requirements of the Legislative Procedures Act, declare
exceptions to the Nation’s laws during the emergency period which will be of immediate
impact for the purposes of protecting the health, safety, and general welfare of the Nation’s
community, members, and employees; and
(b) Notwithstanding any requirements in any policy, procedure, regulation, or standard
operating procedures, declare exceptions to any policy, procedure, regulation, or standard
operating procedure during the emergency period which will be of immediate impact for
the purposes of protecting the health, safety, and general welfare of the Nation’s
community, members, and employees.
302.9-3. Declarations. All declarations made by the Emergency Core Decision Making Team
shall:
(a) be written on the Nation’s letterhead;
(b) provide the date the declaration was issued;
(c) contain a clear statement of the directives;
(d) provide the date the directive shall go into effect;
(e) be signed by the Oneida Business Committee Chairperson, or Vice Chairperson in the
Chairperson’s absence; and
(f) be posted on the Nation’s website.
302.9-4. Duration of Authority for Exceptions Declared by the Emergency Core Decision Making
Team. Any declaration made under the authority granted in this section shall be effective upon
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the date declared by the Emergency Core Decision Making Team and shall be effective for the
duration of any proclaimed emergency, or for a shorter time period if identified.
302.9-5. Notification to the Oneida Business Committee. Within twenty-four (24) hours of a
declaration being made, the Emergency Core Decision Making Team shall provide notification of
the declaration to the Oneida Business Committee.
302.9-6. The Oneida Business Committee may modify, extend, or repeal any declaration or
emergency action taken by the Emergency Core Decision Making Team.
302.10. Enforcement and Penalties
302.10-1. It shall be a violation of this law for any person to not comply with or willfully obstruct,
hinder, or delay the implementation or enforcement of the provisions of this law or any plan issued
thereunder, whether or not an emergency has been proclaimed.
302.10-2. Citations. An Oneida Police Department officer may issue a citation to any person who
violates a provision of this law.
(a) 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.
(b) The Oneida Business Committee shall adopt through resolution a citation schedule
which sets forth specific fine amounts for violations of this law.
(c) The Trial Court shall have jurisdiction over any action brought under this law.
302.10-3. Disciplinary Action. An employee of the Nation who violates this law during their work
hours or who refuses to follow the Emergency Response Plan may be subject to disciplinary action
in accordance with the Nation’s laws and policies governing employment.
(a) An employee of the Nation who is disciplined under this law may appeal the
disciplinary action in accordance with the Nation’s laws and policies governing
employment.
End.
Adopted - BC-07-15-98-A
Amended - BC-12-20-06-G
Emergency Amended – BC-04-30-09-A (Influenza A (H1N1))
Amended - BC-05-13-09-F
Emergency Amended – BC-03-17-20-E (COVID-19)
Extension of Emergency – BC-08-26-20-A
Amended – BC-__-__-__-__

3 O.C. 302 – Page 7

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Oneida Nation

000000

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida·nsn .gov

TO:
FROM:
DATE:
RE :

~

Oneida Business Committee
Legislative Operating Committee

11;/. ~ --'

Oneida Business Committee
/ (
1
Kirby Metoxen, LOC Vice-Chairperson f' j / l '.).7 L,
March 10, 2021
Amendments to the Emergency Management and Homeland Security Law

~

Please find the following attached backup documentation for your consideration of the
amendments to the Emergency Management and Homeland Security law:
1. Resolution: Amendments to the Emergency Management and Homeland Security Law
2. Statement of Effect: Amendments to the Emergency Management and Homeland Security
Law
3. Emergency Management and Homeland Security Law Legislative Analysis
4. Emergency Management and Homeland Security Law Amendments (Redline Draft)
5. Emergency Management and Homeland Security Law (Clean Draft)
6. Emergency Management and Homeland Security Law Fiscal Impact Statement
Overview

On March 17, 2020, emergency amendments to the Emergency Management and Homeland
Security law (the "Law") were adopted by the Oneida Business Committee through resolution BC03-17-20-E for the purpose of creating and delegating authority to a COVID-19 Core Decision
Making Team during the Nation's Public Health State of Emergency. Then on August 26, 2020,
the Oneida Business Committee extended the adoption of the emergency amendments to the Law
for an addition six (6) month period through the adoption of resolution BC-08-26-20-A. The
emergency amendments to the Law are set to expire on March 17, 2021.
The Legislative Operating Committee has now prepared permanent amendments to the Law. The
purpose of the Emergency Management and Homeland Security law is to provide for the
development and execution of plans for the protection of residents, prope1iy, and the environment
in an emergency or disaster; provide for the direction of emergency management, response, and
recove1y on the Reservation, as well as coordination with other agencies, victims, businesses, and
organizations; establish the use of the National Incident Management System; and designate
authority and responsibilities for public health preparedness. [3 O.C. 302.1-1}. This resolution
adopts permanent amendments to the Law which will:
• Amend the title from Emergency Management and Homeland Security law to the
Emergency Management law;
• Revise references to Oneida Community Health Services to Comprehensive Health
Division[3 O.C. 302.3-l(d)};
• Revise the title of the Emergency Management and Homeland Security Agency to
Emergency Management Depaiiment [3 O.C. 302.4];
• Remove a provision regarding the Public Safety Officers' Benefits Program from the law
because it is provided for in federal law;
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13 of 150

•
•

•
•
•
•
•

•

Clarify that the Nation may implement more strict policies or requirements than those
issued by the Community/Public Health Officer [3 O.C. 302.6-2];
Clarify that it is within the authority of the Community/Public Health Officer to issue any
mandate, order, and/or require restrictions which may limit the spread of any
communicable disease to any individual, business, or the general population of the
Reservation [3 O.C. 302. 7-4(c)J;
Remove a provision that required the Oneida Community Health Services to be responsible
for certain expenses of an infected individual;
Address the authority of the Community/Public Health Officer to organize the vaccinations
of individuals during the Public Health Emergency [3 O.C. 302. 7-6(a)J;
Clarify exemptions to the requirements for vaccines [3 O.C. 302. 7-6(a)(l)(A)-(B)];
Extend the time period for a proclamation of an emergency from thirty (30) days to sixty
(60) days [3 O.C. 302.8-2];
Clarify that the Conservation Department may contract with an agency to cover their
responsibility for the care, disposal, and sheltering of all abandoned domestic animals and
livestock during a proclaimed emergency [3 0. C. 302. 8-5];
Delegate authority to the Oneida Business Committee to establish an Emergency Core
Decision Making Team upon the declaration of an emergency and dete1mine which
positions of the Nation will compose the Emergency Core Decision Making Team [3 O.C.
302.9-1];

•

Delegate authority to the Emergency Core Decision Making Team to declare exceptions to
any law, policy, procedure, regulation, or standard operating procedure of the Nation [3

o.c. 302.9-2];
•
•
•

Provide how the Emergency Core Decision Making Team will make declarations, and the
duration of authority for those declarations [3 0. C. 302. 9-3, 302. 9-4];
Require that notification of any declaration be provided to the Oneida Business Committee
within twenty-four (24) hours of a declaration being made [3 O.C. 302.9-5];
Clarify the authority of the Oneida Business Committee to modify, extend, or repeal any
declaration or emergency action taken by the Emergency Core Decision Making Team [3

o.c. 302.9-6];
•

Provide that citations issued for violations of this Law shall be processed in accordance
with the procedure contained in the Nation's laws and policies governing citations [3 O.C.

•

Provide that the Oneida Business Committee shall adopt through resolution a citation
schedule which sets fmth specific fine amounts for violations of this Law [3 O.C. 302.102(b)]; and
Make other minor drafting changes throughout the law for clarity.

302.10-2(a);

•

The Legislative Operating Committee developed the proposed amendments to the Law through
collaboration with representatives from the Nation's Emergency Management Department,
Comprehensive Health Division, Risk Management Depaitment, Intergovernmental Affairs,
Oneida Law Office, Oneida Business Committee, General Manager, and the Strategic Planner.
A public meeting, in accordance with the Legislative Procedures Act, was not held for the proposed
amendments to the Law law due to the COVID-19 pandemic. On March 12, 2020, Chairman
Tehassi Hill signed a "Declaration of Public Health State of Emergency" regarding the COVID~
fflJCJOOO:
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14 of 150

19 pandemic which declared a Public Health State of Emergency for the Nation until April 12,
2020, and set into place the necessary authority for action to be taken and allows the Nation to
seek reimbursement of emergency management actions that may result in unexpected expenses.
The Public Health State of Emergency has since been extended until March 13, 2021 , by the
Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC-05-06-20A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-I 0-08-20-A, BC-1110-20-A, BC-12-09-20-D, BC-01-07-21 -A, and BC-02-10-21-A.
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 paiiicipate 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.
Although no public meeting for the proposed amendments to the Law was held in person, the
public comment period was still held open until January 13, 2021 , for the submission of written
comments. Three (3) individuals submitted written comments during the public comment period.
All public comments received were reviewed and considered by the Legislative Operating
Committee Januaiy 20, 2021.
Requested Action
Adopt the Resolution: Amendments to the Emergency Management and Homeland Security Law

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Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution #
Amendments to the Emergency Management and Homeland Security 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 Emergency Management and Homeland Security law (“the Law”) was adopted by the
Oneida Business Committee through resolution BC-07-15-98-A, amended by resolutions
BC-12-20-06-G and BC-05-13-09-F; and

WHEREAS,

the Oneida Business Committee recently adopted emergency amendments to the Law
through resolution BC-03-17-20-E and then extended those emergency amendments for
an additional six-month period through the adoption of resolution BC-08-26-20-A in
accordance with the emergency adoption process set forth by the Legislative Procedures
Act; and

WHEREAS,

the emergency amendments to the Law are set to expire on March 17, 2021; and

WHEREAS,

the Legislative Operating Committee has developed permanent amendments to the Law
for consideration by the Oneida Business Committee; and

WHEREAS,

the Law provides for the development and execution of plans for the protection of residents,
property, and the environment in an emergency or disaster; provides for the direction of
emergency management, response, and recovery on the Reservation, as well as
coordination with other agencies, victims, businesses, and organizations; establishes the
use of the National Incident Management System; and designates authority and
responsibilities for public health preparedness; and

WHEREAS,

the amendments to the Law amend the title from Emergency Management and Homeland
Security law to the Emergency Management law; and

WHEREAS,

the amendments to the Law remove a provision regarding the Public Safety Officers’
Benefits Program from the law because it is provided for in federal law; and

WHEREAS,

the amendments to the Law clarify that the Nation may implement more strict policies or
requirements than those issued by the Community/Public Health Officer; and

WHEREAS,

the amendments to the Law clarify that it is within the authority of the Community/Public
Health Officer to issue any mandate, order, and/or require restrictions which may limit the
spread of any communicable disease to any individual, business, or the general population
of the Reservation; and

16 of 150
BC Resolution _____________
Amendments to the Emergency Management and Homeland Security Law
Page 2 of 3

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WHEREAS,

the amendments to the Law remove a provision that required the Oneida Community
Health Services to be responsible for certain expenses of an infected individual; and

WHEREAS,

the amendments to the Law address the authority of the Community/Public Health Officer
to organize the vaccinations of individuals during the Public Health Emergency, and clarify
exemptions to the requirements for vaccinations; and

WHEREAS,

the amendments to the Law extend the time period for a proclamation of an emergency
from thirty (30) days to sixty (60) days; and

WHEREAS,

the amendments to the Law clarify that the Conservation Department may contract with an
agency to cover their responsibility for the care, disposal, and sheltering of all abandoned
domestic animals and livestock during a proclaimed emergency; and

WHEREAS,

the amendments to the Law delegate authority to the Oneida Business Committee to
establish an Emergency Core Decision Making Team upon the declaration of an
emergency and determine which positions of the Nation will compose the Emergency Core
Decision Making Team; and

WHEREAS,

the amendments to the Law delegate authority to the Emergency Core Decision Making
Team to declare exceptions to any law, policy, procedure, regulation, or standard operating
procedure of the Nation; and

WHEREAS,

the amendments to the Law provide how the Emergency Core Decision Making Team will
make declarations, and the duration of authority for those declarations; and

WHEREAS,

the amendments to the Law require that notification of any declaration be provided to the
Oneida Business Committee within twenty-four (24) hours of a declaration being made;
and

WHEREAS,

the amendments to the Law clarify the authority of the Oneida Business Committee to
modify, extend, or repeal any declaration or emergency action taken by the Emergency
Core Decision Making Team; and

WHEREAS,

the amendments to the Law provide that citations issued for violations of this Law shall be
processed in accordance with the procedure contained in the Nation’s laws and policies
governing citations; and

WHEREAS,

the amendments to the Law provide that the Oneida Business Committee shall adopt
through resolution a citation schedule which sets forth specific fine amounts for violations
of this Law; and

WHEREAS,

the amendments to the Law make other minor drafting changes throughout the law for
clarity; and

WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law
through collaboration with representatives from the Nation’s Emergency Management
Department, Comprehensive Health Division, Risk Management Department,
Intergovernmental Affairs, Oneida Law Office, Oneida Business Committee, General
Manager, and the Strategic Planner; and

WHEREAS,

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

17 of 150
BC Resolution _____________
Amendments to the Emergency Management and Homeland Security Law
Page 3 of 3

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WHEREAS,

a public meeting on the proposed amendments to this 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 March 13,
2021, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC12-09-20-D, BC-01-07-21-A, and BC-02-10-21-A; 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,

although a public meeting was not held for the proposed amendments to this Law, the
public comment period for the amendments to this Law was held open until January 13,
2021, and three (3) submissions of written comments were received during the public
comment period; and

WHEREAS,

the Legislative Operating Committee reviewed and considered all public comments
received on January 20, 2021; and

NOW THEREFORE BE IT RESOLVED, that the amendments to the Emergency Management and
Homeland Security law are hereby adopted and shall become effective on March 17, 2021.

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

~
ONEIDA

Statement of Effect
Amendments to the Emergency Management and Homeland Security Law
Summary
This resolution adopts amendments to the Emergency Management and Homeland Security law.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: February 26, 2021
Analysis by the Legislative Reference Office
This resolution adopts amendments to the Emergency Management and Homeland Security law
(“the Law”). The purpose of the Law is to provide for the development and execution of plans for
the protection of residents, property, and the environment in an emergency or disaster; provide for
the direction of emergency management, response, and recovery on the Reservation, as well as
coordination with other agencies, victims, businesses, and organizations; establish the use of the
National Incident Management System; designate authority and responsibilities for public health
preparedness. [3 O.C. 302.1-1].
On March 17, 2020, emergency amendments to the Emergency Management and Homeland
Security law (the “Law”) were adopted by the Oneida Business Committee through resolution BC03-17-20-E for the purpose of creating and delegating authority to a COVID-19 Core Decision
Making Team during the Nation’s Public Health State of Emergency. Then on August 26, 2020,
the Oneida Business Committee extended the adoption of the emergency amendments to the Law
for an addition six (6) month period through the adoption of resolution BC-08-26-20-A. The
emergency amendments to the Law are set to expire on March 17, 2021.
This resolution seeks permanent amendments to the Emergency Management and Homeland
Security law which will:
 Amend the title from Emergency Management and Homeland Security law to the
Emergency Management law;
 Revise references to Oneida Community Health Services to Comprehensive Health
Division [3 O.C. 302.3-1(d)];
 Revise the title of the Emergency Management and Homeland Security Agency to
Emergency Management Department [3 O.C. 302.4];
 Remove a provision regarding the Public Safety Officers’ Benefits Program from the law
because it is provided for in federal law;
 Clarify that the Nation may implement more strict policies or requirements than those
issued by the Community/Public Health Officer [3 O.C. 302.6-2];
 Clarify that it is within the authority of the Community/Public Health Officer to issue any
mandate, order, and/or require restrictions which may limit the spread of any
communicable disease to any individual, business, or the general population of the
Reservation [3 O.C. 302.7-4(c)];
Page 1 of 3
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














Remove a provision that required the Oneida Community Health Services to be responsible
for certain expenses of an infected individual;
Address the authority of the Community/Public Health Officer to organize the vaccinations
of individuals during the Public Health Emergency [3 O.C. 302.7-6(a)];
Clarify exemptions to the requirements for vaccines [3 O.C. 302.7-6(a)(1)(A)-(B)];
Extend the time period for a proclamation of an emergency from thirty (30) days to sixty
(60) days [3 O.C. 302.8-2];
Clarify that the Conservation Department may contract with an agency to cover their
responsibility for the care, disposal, and sheltering of all abandoned domestic animals and
livestock during a proclaimed emergency [3 O.C. 302.8-5];
Delegate authority to the Oneida Business Committee to establish an Emergency Core
Decision Making Team upon the declaration of an emergency and determine which
positions of the Nation will compose the Emergency Core Decision Making Team [3 O.C.
302.9-1];
Delegate authority to the Emergency Core Decision Making Team to declare exceptions to
any law, policy, procedure, regulation, or standard operating procedure of the Nation [3
O.C. 302.9-2];
Provide how the Emergency Core Decision Making Team will make declarations, and the
duration of authority for those declarations [3 O.C. 302.9-3, 302.9-4];
Require that notification of any declaration be provided to the Oneida Business Committee
within twenty-four (24) hours of a declaration being made [3 O.C. 302.9-5];
Clarify the authority of the Oneida Business Committee to modify, extend, or repeal any
declaration or emergency action taken by the Emergency Core Decision Making Team [3
O.C. 302.9-6];
Provide that citations issued for violations of this Law shall be processed in accordance
with the procedure contained in the Nation’s laws and policies governing citations [3 O.C.
302.10-2(a);
Provide that the Oneida Business Committee shall adopt through resolution a citation
schedule which sets forth specific fine amounts for violations of this Law [3 O.C. 302.102(b)]; and
Make other minor drafting changes throughout the law for clarity.

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the
purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.
109.1-1]. The LPA requires that for all proposed legislation both a legislative and fiscal analysis
be developed. [1 O.C. 109.6 and 109.7]. The proposed amendments to the Law comply with these
requirements.
The LPA also requires that there be an opportunity for public review during a public meeting and
public comment period. [1 O.C. 109.8]. A public meeting for the proposed amendments to the
Law was not held due to the COVID-19 pandemic. In accordance with the Emergency
Management and Homeland Security law, 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. [3 O.C. 302.8-1]. The Public Health
State of Emergency for the Nation has since been extended until March 13, 2021, through the
adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BCPage 2 of 3

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08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21A, and BC-02-10-21-A.
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.
Although a public meeting for the proposed amendments to the Law was not held, the public
comment period was still held open until January 13, 2021. The Legislative Operating Committee
reviewed and considered the public comments that were received on January 20, 2021.
Adoption of this resolution complies with the process and procedures of the LPA as it has been
modified by the COVID-19 Team’s “Suspension of Public Meetings under the Legislative
Procedures Act” declaration.
This resolution provides that the amendments to the Law would become effective on March 17,
2021, in accordance with the LPA. [1 O.C. 109.9-3].
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws. Adoption of this
resolution complies with the Legislative Procedures Act as it has been modified by the COVID19 Core Decision Making Team’s “Suspension of Public Meetings under the Legislative
Procedures Act” declaration.

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Analysis to Draft 1 for OBC Consideration
2021 03 10

AMENDMENTS TO THE
EMERGENCY MANAGEMENT AND
HOMELAND SECURITY LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed
Amendments

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Analysis by the Legislative Reference Office
Amend title from Emergency Management and Homeland Security law to the
Emergency Management law;
Revise references to Oneida Community Health Services to Comprehensive Health
Division;
Include a definition for “emergency;”
Revise the title of the Emergency Management and Homeland Security Agency to
Emergency Management Department;
Remove a provision regarding the Public Safety Officers’ Benefits Program from the
law because it is provided for in federal law;
Clarify that the Nation may implement more strict policies or requirements than those
issued by the Community/Public Health Officer;
Clarify that it is within the authority of the Community/Public Health Officer to issue
any mandate, order, and/or require restrictions which may limit the spread of any
communicable disease to any individual, business, or the general population of the
Reservation;
Remove provision that required the Oneida Community Health Services to be
responsible for certain expenses of an infected individual;
Address the authority of the Community/Public Health Officer to organize the
vaccinations of individuals during the Public Health Emergency;
Clarify exemptions to the requirements for vaccines;
Extend the time period for a proclamation of an emergency from thirty (30) days to
sixty (60) days;
Clarify that the Conservation Department may contract with an agency to cover their
responsibility for the care, disposal, and sheltering of all abandoned domestic animals
and livestock during a proclaimed emergency;
Delegate authority to the Oneida Business Committee to establish an Emergency Core
Decision Making Team upon the declaration of an emergency and determine which
positions of the Nation will compose the Emergency Core Decision Making Team;
Delegate authority to the Emergency Core Decision Making Team to declare
exceptions to any law, policy, procedure, regulation, or standard operating procedure
of the Nation;
Provide how the Emergency Core Decision Making Team will make declarations, and
the duration of authority for those declarations;
Require that notification of any declaration be provided to the Oneida Business
Committee within twenty-four (24) hours of a declaration being made;
Clarify the authority of the Oneida Business Committee to modify, extend, or repeal
any declaration or emergency action taken by the Emergency Core Decision Making
Team;

Page 1 of 12

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Analysis to Draft 1 for OBC Consideration
2021 03 10


Purpose

Affected
Entities
Public
Meeting
Fiscal Impact
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Provide that citations issued for violations of this Law shall be processed in
accordance with the procedure contained in the Nation’s laws and policies governing
citations; and
 Provide that the Oneida Business Committee shall adopt through resolution a citation
schedule which sets forth specific fine amounts for violations of this Law.
To provide for the development and execution of plans for the protection of residents,
property, and the environment in an emergency or disaster; provide for the direction of
emergency management, response, and recovery on the Reservation; as well as
coordination with other agencies, victims, businesses, and organizations; establish the use
of the National Incident Management System; and designate authority and responsibilities
for public health preparedness. [3 O.C. 302.1-1].
Community/Public Health Officer, Emergency Management Department
A public comment period was held open until January 13, 2021. A public meeting was
not held in accordance with the Nation’s COVID-19 Core Decision Making Team’s
declaration titled, “Suspension of Public Meetings under the Legislative Procedures Act.”
On February 12, 2021, the Finance Department provided a fiscal impact statement.

SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Emergency Management and Homeland Security law (“the Law”) was first adopted
by the Oneida Business Committee on July 15, 1998. The Law provides for the development and
execution of plans for the protection of residents, property, and the environment in an emergency or
disaster; provides for the direction of emergency management, response, and recovery on the
Reservation, as well as coordination with other agencies, victims, businesses, and organizations;
establishes the use of the National Incident Management System; and designates authority and
responsibilities for public health preparedness. [3 O.C. 302.1-1].
B. Emergency Amendments. On March 17, 2020, the Oneida Business Committee adopted emergency
amendments to the Law through the adoption of resolution BC-03-17-20-E. Emergency amendments
to the Law were sought to create and delegate authority to a COVID-19 Core Decision Making Team
to declare exceptions to any law, policy, procedure, regulation, or standard operating procedure of the
Nation. The emergency amendments to this Law were necessary for the preservation of the public
health, safety, and general welfare of the Reservation population. The emergency amendments were
needed to allow the COVID-19 Core Decision Making Team to act on behalf of the Nation on a daily,
or even hourly basis, to protect the Reservation population against the public health crisis that is the
COVID-19 pandemic. The emergency amendments to the Law were set to expire on September 17,
2020. On August 26, 2020, the Oneida Business Committee extended the emergency amendments to
the Law for an additional six (6) month period through the adoption of resolution BC-08-26-20-A. The
emergency amendments to the Law are set to expire on March 17, 2021.
C. The Legislative Operating Committee proposed permanent amendments be made to this Law to
permanently adopt some of the emergency amendments that were recently made to the Law, as well as
to address other revisions that may be necessary.

SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of this Law
and legislative analysis:

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 Oneida Business Committee;
 Oneida Law Office;
 Emergency Management Department;
 Comprehensive Health Division;
 Risk Management Department;
 Intergovernmental Affairs;
 General Manager; and
 Strategic Planner.
B. The following laws were reviewed in the drafting of this analysis:
 Citations law;
 Oneida Personnel Policies and Procedures; and
 Legislative Procedures Act.

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SECTION 4. PROCESS
A. The amendments to this Law have followed the process set forth in the Legislative Procedures Act.
 On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the Law
through the adoption of resolution BC-03-17-20-E for the purpose of creating and delegating
authority to a COVID-19 Core Decision Making Team.
 On August 26, 2020, the Oneida Business Committee extended the emergency amendments to the
Law for an additional six (6) month period through the adoption of resolution BC-08-26-20-A.
 The LOC added amendments to the Law to its Active Files List on October 7, 2020.
 The emergency amendments to the Law are set to expire on March 17, 2021.
 On December 16, 2020, the LOC approved a draft and legislative analysis for the proposed
amendments to the Law.
 On December 16, 2020, the LOC approved the public comment period packet and forwarded the
proposed amendments to the Law to a public comment period to be held open until January 13,
2021.
 The public comment period was held open until the close of business on January 13, 2021. Three
(3) submissions of written comments were received.
 On January 20, 2021, the Legislative Operating Committee accepted the public comments and
public comment review memorandum. The Legislative Operating Committee then reviewed and
considered all the public comments that were received.
 On February 3, 2021, the Legislative Operating Committee approved the updated public comment
review memorandum, final draft law and legislative analysis. The Legislative Operating Committee
also directed the Finance Department to prepare a fiscal impact statement and provide it to the
Legislative Operating Committee by February 17, 2021.
 The Finance Department provided a fiscal impact statement of February 12, 2021.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of these amendments:
 November 4, 2020: LOC work meeting with Comprehensive Health Division, Emergency
Management Department, Oneida Law Office, Oneida Business Committee, Risk Management
Department, General Manager, Intergovernmental Affairs, Strategic Planner.

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

December 8, 2020: LOC work meeting with Comprehensive Health Division, Emergency
Management Department, Strategic Planner.
 December 10, 2020: LOC work meeting.
 January 20, 2021: LOC work meeting.
C. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic
of the coronavirus disease 2019 (COVID-19). The COVID-19 outbreak originated in Wuhan, China
and has spread to many other countries throughout the world, including the United States. The COVID19 pandemic has resulted in high rates of infection and mortality, as well as vast economic impacts
including effects on the stock market and the closing of all non-essential businesses. A public meeting
for the proposed amendments to this Law will not be held due to the COVID-19 pandemic, but the
submission of written comments will still be permitted.
 Declaration of a Public Health State of Emergency.
 On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State
of Emergency” regarding the COVID-19 pandemic which declared a Public Health State
of Emergency for the Nation until April 12, 2020, and set into place the necessary authority
for action to be taken and allows the Nation to seek reimbursement of emergency
management actions that may result in unexpected expenses.
 The Public Health State of Emergency has since been extended until March 13, 2021, by
the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-1008-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A.
 COVID-19 Core Decision Making Team Declarations: Safer at Home.
 On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer
at Home” declaration which ordered all individuals present within the Oneida Reservation
to stay at home or at their place of residence, with certain exceptions allowed. This
declaration prohibited all public gatherings of any number of people.
 On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer
at Home” declaration which allowed for gaming and golf operations to resume.
 On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home
Declaration, Amendment, Open for Business” which directs that individuals within the
Oneida Reservation should continue to stay at home, businesses can re-open under certain
safer business practices, and social distancing should be practiced by all persons.
 On June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at
Home” declaration which lessened the restrictions of the “Safer at Home Declaration,
Amendment, Open for Business” while still providing guidance and some restrictions. This
declaration prohibits all public and private gatherings of more than twenty (20) people that
are not part of a single household or living unit.
 On July 17, 2020, the COVID-19 Team issued a “Safe Re-Opening Governmental Offices”
which sets minimum standards for the safe re-opening of a building or recall of employees
to work.
 COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the
Legislative Procedures Act.
 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

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

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.
Although a public meeting was not held for the proposed amendments to the Emergency
Management and Homeland Security law, a public comment period was still held open
until January 13, 2021, in accordance with the Legislative Procedures Act and the COVID19 Core Decision Making Team’s “Suspension of Public Meetings under the Legislative
Procedures Act” declaration. Three (3) submissions of written comments were received
during the public comment period.

SECTION 5. CONTENTS OF THE LEGISLATION
A. Public Safety Officers’ Benefit Program. The proposed amendments to the Law remove a provision
regarding the Public Safety Officers’ Benefit Program. Previously, the Law provided that if a person is
disabled or dies while serving as a public safety officer, as defined in the Public Safety Officers’
Benefits Program, then the spouse of that person and/or any children of that person may be eligible for
benefits as determined by the Bureau of Justice Assistance under the Public Safety Officers’ Benefits
Program, 42 U.S.C. ch. 46, subch. XII.
 Effect. The proposed amendments remove the provision regarding the Public Safety Officers’
Benefits Program from the Law because this program and its application is already provided in
federal law, so therefore the inclusion of this provision in the Law was duplicative.
B. More Strict Policies and Regulations. The proposed amendments to the Law include a new provision
which provides that the Nation may implement more strict policies or requirements than those issued
by the Community/Public Health Officer. [3 O.C. 302.6-2].
 Effect. The proposed amendment to the Law provides clarification that the Nation may implement
more strict policies or requirements on its employees and elected or appointed officials than those
issued by the Community/Public Health Officer.
C. Authority of the Community/Public Health Officer. The proposed amendments to the Law provide
clarification that it is within the authority of the Community/Public Health Officer to issue any mandate,
order, and/or require restrictions which may limit the spread of any communicable disease to any
individual, business, or the general population of the Reservation. [3 O.C. 302.7-4(c)]. The Law already
provided that the Community/Public Health Officer could act as necessary to protect the public by
taking action to limit the spread of any communicable disease through use of quarantine or isolation,
requiring restrictions, or by taking other communicable disease control measures as necessary.
 Effect. During the most recent COVID-19 pandemic the Community/Public Health Officer had to
take actions such as issuing a mandate requiring the use of face covering, or limiting the occupancy
of businesses in order to protect the Nation from COVID-19. The proposed amendments clarify
that these such actions are within the authority of the Nation’s Community/Public Health Officer
when acting as necessary to protect the public.
D. Expenses of the Oneida Community Health Services. The proposed amendments to the Law removed
a provision which provided that the Oneida Community Health Services would be responsible for the
following costs unless the costs are payable through third party liability or through any benefit system:
the expense for law enforcement assistance under 302.7-4; the expense of maintaining quarantine and

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isolation of the quarantined area; the expense of conducting examinations and tests made under the
direction of the Community/Public Health Officer; and the expense of care for dependent persons of
the infected individual. Now, the Law simply provides that expenses for necessary medical care, food,
and other articles needed for an infected individual shall be charged against the individual or whoever
is liable for the individual’s care and support. [3 O.C. 302.7-8].
 Effect. The proposed amendments to the Law remove the financial liability of the cost of care for
an infected individual from the Oneida Community Health Services due to the fact that the Nation
is not in a financial position to cover these expenses on such a widespread scale as the COVID-19
pandemic has presented. The Law provides that expenses for necessary medical care, food, and
other articles needed for an infected individual shall be charged against the individual or whoever
is liable for the individual’s care and support. The Comprehensive Health Division will still provide
care and have resources available for those who are eligible to receive care and assistance from the
Comprehensive Health Division.
E. Vaccinations During a Public Health Emergency. The proposed amendments to the Law adjust the
Community/Public Health Officer’s authority in regard to vaccinations during a public health
emergency. The Law provides that when a public health emergency is proclaimed, the
Community/Public Health Officer may organize the vaccination of individuals. [3 O.C. 302.7-6(a)].
The Law then clarifies that the following types of individuals shall not be subject to a vaccination: an
individual who the vaccination is reasonably likely to lead to serious harm to the individual; or an
individual, for reason of religion or conscience, refuses to obtain the vaccination. [3 O.C. 302.76(a)(1)(A)-(B)]. Previously, the Law provided that the Community/Public Health Officer had the
authority to order the vaccination of an individual, unless the vaccination is reasonably likely to lead to
serious harm to the individual or the individual, for reason of religion or conscience, refuses to obtain
the vaccination.
 Effect. The proposed amendment to the Law provides that the Community/Public Health Officer
can organize the vaccination of individuals but removes the authority of the Community/Public
Health Officer to order the vaccination of an individual. The Legislative Operating Committee
wants to ensure that each person has a choice as to whether to receive a vaccination.
F. Extension of the Time Period for a Proclamation of an Emergency. The proposed amendments to
the Law extend how long a proclamation of an emergency may last. The Law now provides that no
proclamation of an emergency by the Oneida Business Committee or the Director may last for longer
than sixty (60) days, unless the proclamation of emergency is extended by the Oneida Business
Committee. [3 O.C. 302.8-2]. Previously, the Law provided that no proclamation of an emergency by
the Oneida Business Committee or the Director may last for longer than thirty (30) days, unless renewed
by the Oneida Business Committee.
 Effect. The proposed amendment to the Law extends how long a proclamation of an emergency
may last in recognition that the Nation may experience longer lasting emergencies, such as the
COVID-19 pandemic. The Legislative Operating Committee determined that the extension of the
proclamation period from thirty (30) to sixty (60) days would be less tedious when extending an
emergency proclamation for longer periods of time, but still ensures responsible governance and
that the Oneida Business Committee is reviewing the conditions of the Nation to ensure an
emergency still exists.
G. Responsibility of the Conservation Department. The proposed amendments to the Law provide that
during a proclaimed emergency, the Conservation Department shall be responsible for the care,

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disposal, and sheltering of all abandoned domestic animals and livestock, and that the Conservation
Department may delegate this responsibility to a contracted agency. [3 O.C. 302.8-5]. Previously the
Law provided that the provisions of Chapter 34, Oneida Tribal Regulation of Domestic Animals
Ordinance, shall not apply during a proclaimed emergency in addition to the statement that during a
proclaimed emergency, the Conservation Department shall be responsible for the care, disposal, and
sheltering of all abandoned domestic animals and livestock.
 Effect. The proposed amendment to the Law clarifies that the Domestic Animals law still remains
in effect during a proclaimed emergency, but that it is simply the responsibility of the Conservation
Department to maintain the care, disposal, and sheltering of all abandoned domestic animals and
livestock. Additionally, the proposed amendment clarifies that the Conservation Department can
delegate this responsibility to another agency, such as a Humane Society, through a contract.
G. Emergency Core Decision Making Team. The proposed amendments to the Law allow the Oneida
Business Committee to establish an Emergency Core Decision Making Team upon the proclamation of
an emergency under this Law. [3 O.C. 302.9-1]. The Oneida Business Committee is responsible for
establishing the Team through the adoption of a motion, and through that motion identifying the
positions of the Nation which shall make up the members of the Emergency Core Decision Making
Team based on the type and severity of emergency the Nation is experiencing. [3 O.C. 302.9-1].
Previously, the emergency amendments to the Law adopted in March 2020 provided that a COVID-19
Core Decision Making Team would be created by the declaration of a public health emergency under
this Law, and would consist of the following persons: Oneida Business Committee Officers which
includes the Chairperson, Vice Chairperson, Treasurer, Secretary; Legislative Operating Committee
Chairperson; General Manager; Gaming General Manager; Gaming Assistant Chief Financial Officer;
Chief Financial Officer; Intergovernmental Affairs and Communications Director; and Public Relations
Director.
 Effect. The proposed amendments to the Law adopt on a permanent basis the inclusion of an
Emergency Core Decision Making Team, but make adjustments from the COVID-19 Core
Decision Making Team that was adopted through the emergency amendments. Instead of the
Emergency Core Decision Making Team being automatically established upon the declaration of
an emergency, the Oneida Business Committee now has to take the additional step of adopting a
motion to establish the Emergency Core Decision Making Team when an emergency is proclaimed.
This change to how the Emergency Core Decision Making Team is established was made due to
the recognition that not every proclaimed emergency may warrant the need for an Emergency Core
Decision Making Team. Additionally, the Law provides that the Oneida Business Committee will
identify the positions of the Nation which shall make up the members of the Emergency Core
Decision Making Team when the Team is established instead of the Law identifying these positions
so that the Emergency Core Decision Making Team can be scaled to the specific type and severity
of emergency the Nation is experiencing.
B. Delegation of Authority to the Emergency Core Decision Making Team. The proposed amendments
provide what authority the Emergency Core Decision Making Team is delegated. [3 O.C. 302.9-2].
The Emergency Core Decision Making Team shall have authority to declare exceptions to the Nation’s
laws during the emergency period which will be of immediate impact for the purposes of protecting the
health, safety, and general welfare of the community, members of the Nation, and employees of the
Nation. [3 O.C. 302.9-2(a)]. The Emergency Core Decision Making Team is also delegated the
authority to make these exceptions to the Nation’s laws notwithstanding the requirements of the

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Legislative Procedures Act. This means that the Emergency Core Decision Making team does not have
to follow the requirements of the Legislative Procedures Act. The Emergency Core Decision Making
Team is also delegated authority to declare an exception to any policy, procedure, regulation, or
standard operating procedure of the Nation during the emergency period which will be of immediate
impact for the purposes of protecting the health, safety, and general welfare of the Nation’s community,
members, and employees. [3 O.C. 302.10-2(b)]. The Emergency Core Decision Making Team is
delegated the authority to make these exceptions to the Nation’s policies, procedures, regulations, or
standard operating procedures notwithstanding any requirements of the policies, procedures,
regulations, or standard operating procedures. The authority delegated to the Emergency Core Decision
Making Team through the proposed amendments is the same authority which was delegated to the
COVID-19 Core Decision Making Team through the emergency amendments.
 Effect. The proposed amendments outline the specific authority granted to the Emergency Core
Decision Making Team. The Emergency Core Decision Making Team is granted the authority to
declare exceptions to a law, policy, procedure, regulation, or standard operating procedure of the
Nation, notwithstanding the requirements of the Legislative Procedures Act or any other policy,
procedure, regulation, or standard operating procedure, in an effort to provide the Emergency Core
Decision Making Team the greatest flexibility in taking action to protect the health, safety, and
general welfare of the Nation’s community, members, and employees from an emergency.
C. Declaration of an Exception. The proposed amendments outline the requirements for making a
declaration and the duration of authority for declarations. [3 O.C. 302.9-3, 302.9-4]. Any declaration
made by the Emergency Core Decision Making Team must be written on the Nation’s letterhead,
provide the date the declaration was issued, contain a clear statement of the directives, provide the date
the directive shall go into effect, be signed by the Oneida Business Committee Chairperson or Vice
Chairperson in the Chairperson’s absence, and be posted on the Nation’s website. [3 O.C. 302.9-3(a)(f)]. Declarations and actions taken by the Emergency Core Decision Making Team shall be effective
upon the date declared by the Emergency Core Decision Making Team, and shall remain in effect for
the duration of any declared emergency, or for a shorter time period if identified. [3 O.C. 302.9-4]. The
requirements of a declaration and duration of a declaration provided through the proposed amendments
is the same as the requirements of a declaration and duration of a declaration provided by the COVID19 Core Decision Making Team through the emergency amendments.
 Effect. The proposed amendments provide more information on how the Emergency Core Decision
Making Team will make declarations of an exception to a law, policy, procedure, regulation, or
standard operating procedure of the Nation, and for how long that declaration will remain in effect.
D. Notification to and Review by the Oneida Business Committee. The proposed amendments to the
Law provide that within twenty-four (24) hours of a declaration being made, the Emergency Core
Decision Making Team shall provide notification of the declaration to the Oneida Business Committee.
[3 O.C. 302.9-5]. The Law also provides that the Oneida Business Committee may modify, extend, or
repeal any declaration or emergency action taken by the Emergency Core Decision Making Team. [3
O.C. 302.9-6].
 Effect. The proposed amendments to the Law ensure that the Oneida Business Committee is always
informed of any declarations that are made by the Emergency Core Decision Making Team, and
clarify that the Oneida Business Committee ultimately has the final authority to modify, extend, or
repeal any declaration made by the Emergency Core Decision Making Team.

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E. Citations. The proposed amendments to the Law reorganize the enforcement and penalties provisions
to clarify that an Oneida Police Department Officer may issue a citation to any person who violates a
provision of this Law. [3 O.C. 302.10-2]. The citation for a violation of this law shall be processed in
accordance with the procedure contained in the Nation’s Citations law. [3 O.C. 302.10-2(a)]. The
Oneida Business Committee shall adopt through resolution a citation schedule which sets forth specific
fine amounts for violations of this Law. [3 O.C. 302.10-2(b)]. Previously, the Law stated that violators
of this Law may be subject to a fine of not more than two hundred dollars ($200) per violation to be
issued by the Oneida Police Department and paid to the Nation, and that all fines assessed under this
section shall be paid within sixty (60) days of issuance of the citation, unless the person files an appeal
with the Judiciary before the fine is to be paid.
 Effect. The proposed amendment to the Law updates the language and process regarding citations
for violations of this Law in order to conform with the Nation’s Citations law.
F. Minor Drafting Changes. Minor drafting and formatting changes have been made throughout the
Law for clarity including the following:
 The title of the Law was changed from “Emergency Management and Homeland Security” to
“Emergency Management;”
 References to the “Emergency Management and Homeland Security Agency” were changed to
the Emergency Management Department;” and
 References to the “Oneida Community Health Services” was changed to the “Comprehensive
Health Division.”

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SECTION 6. EXISTING LEGISLATION
A. References to other Laws of the Nation. The following laws of the Nation are referenced in this Law:
 Citations law. The Citations law provides a consistent process for handling citations of the Nation
in order to ensure equal and fair treatment to all persons who come before the Judiciary to have
their citations resolved. [8 O.C. 807.1-2]. The Citations law provides how a citation action is started
– such as who has the authority to issue a citation, the requirements of the form of the citation, and
how a citation is served and filed; stipulations for the settlement of a citation; and the citation
hearing procedures. [8 O.C. 807].
 This 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. [3 O.C. 302.10-2]. The Citations law is the Nation’s law governing citations.
 Any citations issued by the Oneida Police Department for a violation of this Law must
comply with the requirements and procedures of the Citations law.
 Oneida Personnel Policies and Procedures. The Oneida Personnel Policies and Procedures is the
Nation’s law which governs employment. The Oneida Personnel Policies and Procedures provides
the process for handling complaints, disciplinary actions, and grievances. [Section V.D.].
 This Law provides that an employee of the Nation who violates this Law during their
work hours or who refuses to follow the Emergency Response Plan may be subject to
disciplinary action in accordance with the Nation’s laws and policies governing
employment. [3 O.C. 302.10-3].
 This Law also provides that an employee of the Nation who is disciplined under this
Law may appeal the disciplinary action in accordance with the Nation’s laws and
policies governing employment. [3 O.C. 302.10-3(a)].

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 A supervisor would have to follow the disciplinary action procedure contained in the
Oneida Personnel Policies and Procedures to hold an employee accountable for a
violation of this Law.
B. The proposed amendments to the Law have the follow impact on existing legislation of the Nation.
 Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal
Council on January 7, 2013, for the purpose of providing a standard process for the adoption of laws
of the Nation which includes taking into account comments from members of the Nation and input
from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].
 The Legislative Procedures Act provides a process for the adoption of emergency
legislation when the legislation is necessary for the immediate preservation of the
public health, safety, or general welfare of the Reservation population and the
enactment or amendment of legislation is required sooner than would be possible under
this law. [1 O.C. 109.9-5].
 The Legislative Operating Committee is responsible for first reviewing the
emergency legislation and for forwarding the legislation to the Oneida
Business Committee for consideration. [1 O.C. 109.9-5(a)].
 The proposed emergency legislation is required to have a legislative analysis
completed and attached prior to being sent to the Oneida Business Committee
for consideration. [1 O.C. 109.9-5(a)].
 A legislative analysis is a plain language analysis describing the
important features of the legislation being considered and factual
information to enable the Legislative Operating Committee to make
informed decisions regarding legislation. A legislative analysis
includes a statement of the legislation’s terms and substance; intent of
the legislation; a description of the subject(s) involved, including any
conflicts with Oneida or other law, key issues, potential impacts of the
legislation and policy considerations. [1 O.C. 109.3-1(g)].
 Emergency legislation does not require a fiscal impact statement to be
completed or a public comment period to be held. [1 O.C. 109.9-5(a)].
 Upon the determination that an emergency exists the Oneida Business
Committee can adopt emergency legislation. The emergency legislation
becomes effective immediately upon its approval by the Oneida Business
Committee. [1 O.C. 109.9-5(b)].
 Emergency legislation remains in effect for a period of up to six (6) months,
with an opportunity for a one-time emergency law extension of up to six (6)
months. [1 O.C. 109.9-5(b)].
 Section 302.9-2(a) of the proposed emergency amendments to this Law conflict with
section 109.9-5 of the Legislative Procedures Act. The Legislative Procedures Act
provides a clear process for how the Nation is expected to handle emergency
legislation. The proposed amendments allow the Emergency Core Decision Making
Team the authority to declare exceptions to laws of the Nation notwithstanding any
requirements of the Legislative Procedures Act.
 Although the proposed amendments conflict with the Legislative Procedures Act, the
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due to the fact that the Nation needs to be able to address its internal governmental
operations and laws as they relate to an emergency on a daily, or even hourly basis in
order to provide the best effort of protection the health, safety, and general welfare of
the Reservation population.
 The proposed amendments allocation of authority to the Emergency Core Decision
Making Team to declare exceptions to the Nation’s laws during the emergency period
which will be of immediate impact for the purposes of protecting the health, safety,
and general welfare of the Nation’s community, members, and employees will
supersede the requirements of the Legislative Procedures Act when the Nation has
proclaimed an emergency.

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SECTION 7. ENFORCEMENT AND ACCOUNTABILITY

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SECTION 8. OTHER CONSIDERATIONS

A. Enforcement. The Oneida Police Department is delegated enforcement authority under this Law.
 The Oneida Police Department shall take enforcement action when necessary and work with the
Community/Public Health Officer to execute the Community/Public Health Officer’s orders and
properly guard any place if quarantine, isolation, or other restrictions on communicable disease are
violated or intent to violate becomes apparent. [3 O.C. 302.7-7].
 An officer of the Oneida Police Department may issue a citation to any person who violates a
provision of this Law. [3 O.C. 302.10-2].
B. Citation Schedule Resolution. The Oneida Business Committee is delegated the authority to adopt
through resolution a citation schedule which sets forth specific fine amounts for violations of this Law.
[3 O.C. 302.10-2(b)].

A. Deadline for Permanent Adoption of Amendments. The emergency amendments to the Law, as
adopted by the Oneida Business Committee through BC-03-17-20-E, and extended through BC-08-2620-A, will expire on March 17, 2021.
 Conclusion: The Legislative Operating Committee will need to complete the development and
adoption of permanent amendments to this Law prior to March 17, 2021.
B. Citation Schedule. This Law provides that the Oneida Business Committee shall hereby be delegated
the authority to adopt through resolution a citation schedule which sets forth specific fine amounts for
violations of this Law. [3 O.C. 302.10-2(b)]. A citation schedule will need to be developed and adopted.
On March 19, 2020, the Nation’s COVID-19 Core Decision Making Team issued a declaration titled,
“Emergency Management and Homeland Security Law Fine and Penalty Schedule” which set forth a
fine schedule for violations of the Law. This declaration can be used in the development of a citations
schedule.
 Conclusion. The Legislative Operating Committee developed and plans to bring a proposed
citation schedule resolution to the Oneida Business Committee for consideration at the time these
amendments are considered for adoption.
C. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
legislation except emergency legislation. [1 O.C. 109.6-1]. Oneida Business Committee resolution BC10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
Act,” provides further clarification on who the Legislative Operating Committee may direct complete

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Analysis to Draft 1 for OBC Consideration
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a fiscal impact statement at various stages of the legislative process, as well as timeframes for
completing the fiscal impact statement. On February 3, 2021, the LOC directed that a fiscal impact
statement of the proposed amendments to the Law be completed by the Finance Department.
 Conclusion. On February 12, 2021, the Finance Department provided a fiscal impact statement
of the proposed amendments to the Law.

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Draft 2 for OBC Consideration (Redline to Current)
2021 03 10
Title 3. Health and Public Safety – Chapter 302
Yotlihokt# Olihw@=ke
Matters that are concerning immediate attention
EMERGENCY MANAGEMENT AND HOMELAND SECURITY
302.1. Purpose and Policy
302.2. Adoption, Amendment, Conflicts
302.3. Definitions
302.4. Emergency Management/Homeland Security Department
302.5. Oneida Nation Emergency Planning Committee (ONEPC)
302.6. TribalEntity Cooperation

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302.7. Public Health Emergencies and Communicable Disease
302.8. WhenProclamation of an Emergency is Proclaimed
302.9. EmergencyEnforcement and Penalties
302.10. COVID-19 Core Decision Making Team
302.10. Enforcement and Penalties

302.1. Purpose and Policy
302.1-1. Purpose. The purposespurpose of this law areis to:
(a) provide for the development and execution of plans for the protection of residents,
property, and the environment in an emergency or disaster; and
(b) provide for the direction of emergency management, response, and recovery on the
Reservation; as well as coordination with other agencies, victims, businesses, and
organizations; and
(c) establish the use of the National Incident Management System (NIMS); and
(d) designate authority and responsibilities for public health preparedness.
302.1-2. Policy. It is the policy of this lawthe Nation to provide:
(a) a description of the emergency management network of the Nation; and
(b) authorization for specialized activities to mitigate hazardous conditions and for the
preparation of Tribalthe Nation’s emergency response management plans, as well as to
address concerns related to isolation and/or quarantine orders, emergency care, and mutual
aid; and
(c) for all expenditures made in connection with such emergency management activities
to be deemed specifically for the protection and benefit of the inhabitants, property, and
environment of the Reservation.
302.2. Adoption, Amendment, ConflictsRepeal
302.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-15-98A and amended by resolution BC-12-20-06-G, BC-05-13-09-F, and emergency amended by BC03-17-20-E.BC-__-__-__-__.
302.2-2.
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.
302.2-3. 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.
302.2-4. 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.
302.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
302.3. Definitions
302.3-1. This section shall govern the definitions of words or phrases as used within this law.
All words not defined herein shall be used in their ordinary and everyday sense.
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(a) “Biological Agentagent” means an infectious disease or toxin that has the ability to
adversely affect human health in a variety of ways, from mild allergic reactions to serious
medical conditions, and including death.
(b) “Communicable Diseasedisease” means any disease transmitted from one person or
animal to another directly by contact with excreta or other discharges from the body, or
indirectly via substances or inanimate objects that may cause a public health emergency.
(c) “Community/Public Health Officer” means an agent of the OCHSComprehensive
Health Division, or his or her designee(s), who is responsible for taking the appropriate
actions in order to prevent a public health emergency from occurring on the Reservation.
(d) “COVID-19” means a mild to severe respiratory illness that is caused by a coronavirus,
is transmitted chiefly by contact with infectious material, and is characterized especially
by fever, cough and shortness of breath and may progress to pneumonia and respiratory
failure.
(d) “Comprehensive Health Division” means the Oneida Comprehensive Health Division,
which is authorized to issue compulsory vaccinations, require isolation, and quarantine
individuals in order to protect the public health.
(e) “Director” means the Director of the Nation’s Emergency Management/Homeland
Security Agency Department.
(f) (f) “Emergency” means a situation that poses an immediate risk to health, life, safety,
property, or environment which requires urgent intervention to prevent further illness,
injury, death, or other worsening of the situation.
(g) “Emergency Management Network” means the entities, volunteers, consultants,
contractors, outside agencies, and any other resources the Nation may use to facilitate interagency collaboration, identify and share resources, and better prepare for local incidents
and large-scale disasters.
(g) h) “Emergency OperationsResponse Plan” means the plan established to coordinate
mitigation, preparedness, response, and recovery activities for all emergency or disaster
situations within the Reservation.
(h) i) “Entity” means any Tribal agency, board, committee, commission, or department
of the Nation.
(i) j) “Fair Market Value” means the everyday cost of a product in an ordinary market,
absent of a disaster.
(j) k) “Isolation” means the separation of persons or animals presumably or actually
infected with a communicable disease, or that are disease carriers, for the usual period of
communicability of that disease in such places and under such conditions as will prevent
the direct or indirect transmission of an infectious agent to susceptible people or to those
who may spread the agent to others.
(k) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
(l) “Nation” means the Oneida Nation.
(m) “National Incident Management System” or “NIMS” means the system mandated by
Homeland Security Presidential Directive 5 (HSPD 5) issued on February 28, 2003, that
provides a consistent nationwide approach for federal, state, local, and tribal governments
to work effectively and efficiently together to prepare for, prevent, respond to, and recover
from domestic incidents, regardless of cause, size, or complexity.
(n) “OCHS” means the Oneida Community Health Services, which is authorized to issue
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compulsory vaccinations, require isolation, and quarantine individuals in order to protect
the public health.
(o) “Oneida Nation Emergency Planning Committee” or “ONEPC” means the committee
that assists the Director in the implementation of this law.
(p) o) “Proclaim” means to announce officially and publicly.
(q) p) “Public Health Emergency” means the occurrence or imminent threat of an illness
or health condition which:
(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a
biological agent; and
(2) poses a high probability of any of the following:
(A) a large number of deaths or serious or long-term disability among
humans; or
(B) widespread exposure to a biological, chemical, or radiological agent
that creates a significant risk of substantial future harm to a large number of
people.
(r) q) “Quarantine” means the limitation of freedom of movement of persons or animals
that have been exposed to a communicable disease or chemical, biological, or radiological
agent, for a period of time equal to the longest usual incubation period of the disease or
until there is no risk of spreading the chemical, biological, or radiological agent. The
limitation of movement shall be in such manner as to prevent the spread of a communicable
disease or chemical, biological, or radiological agent.
(s) r) “Reservation” means all land 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.
(s) “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 GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities
of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.
(t) “Vital Resourcesresources” means food, water, equipment, sand, wood, or other
materials obtained for the protection of life, property, and/or the environment during a
proclaimed emergency.
302.4. Emergency Management/Homeland Security Department
302.4-1. There is hereby created anThe Emergency Management/Homeland Security Agency
which is Department shall be responsible for planning and coordinating the response to a disaster
or emergency that occurs within the boundaries of the Reservation.
302.4-2. Authority of the Director. The Director shall be responsible for coordinating and
planning the operational response to an emergency and is hereby empowered to:
(a) organize and coordinate efforts of the emergency management network of the Nation.;
(b) implement the Emergency OperationsResponse Plan as adopted by the Oneida
Business Committee.;
(c) facilitate coordination and cooperation between entities and resolve questions that
may arise among them.;
(d) incorporate the HSPD 5, issued on February 28, 2003 which requires all
Federalfederal, state, local, and tribal governments to administer the best practices
contained in the NIMS.;
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(e) coordinate the development and implementation of the NIMS within the Nation.;
(f) ensure that the following occurs:
(1) an Emergency OperationsResponse Plan is developed and maintained, and
includes training provisions for applicable personnel.;
(2) emergency resources, equipment, and communications systems are developed,
procured, supplied, inventoried, and accounted for.;
(g) establish the line of authority as recorded in the Emergency OperationsResponse Plan
as adopted by the Oneida Business Committee.; and
(h) enter into mutual aid and service agreements with tribal, local, state, and federal
governments, subject to Oneida Business Committee approval.
302.4-3. InAction when an Emergency is Proclaimed. In addition, in the event of a proclamation
of an emergency on the Reservation, the Director is hereby empowered:
(a) to obtain vital resources and to bind the Nation for the fair market value thereof, upon
approval of the Emergency Management/Homeland Security purchasing agent, who is
identified in the Emergency OperationsResponse Plan. If a person or business refuses to
provide the resource(s) required, the Director may commandeer resources for public use
and bind the Nation for the fair market value thereof. In the event the purchasing agent is
unavailable, the chain of command, as approved by the Oneida Business Committee, shall
be followed.
(b) to require emergency activities of as many Tribal members of the Nation and/or
employees as deemed necessary.
(c) to execute all of the ordinary powers of the Director, all of the special powers conferred
by this law or by resolution adopted pursuant thereto, all powers conferred on the Director
by any agreement approved by the Oneida Business Committee, and to exercise complete
emergency authority over the Reservation.
(d) to coordinate with tribal, federal, state, and local authorities.
302.5. Oneida Nation Emergency Planning Committee (ONEPC)
302.5-1.
The ONEPCOneida Nation Emergency Planning Committee shall consist of
representatives from entities and a community representative as identified in the ONEPCOneida
Nation Emergency Planning Committee bylaws as approved by the Oneida Business Committee.
302.5-2.
The ONEPCOneida Nation Emergency Planning Committee shall meet as necessary
to assist the Director in drafting and maintaining the Emergency OperationsResponse Plan.
302.5-3. At the request of the Director, the ONEPCOneida Nation Emergency Planning
Committee shall provide assistance to the Director in the implementation of the provisions of this
law or any plan issued thereunder.
302.6. TribalEntity Cooperation
302.6-1.
All entities shall comply with reasonable requests from the Director relating to
emergency planning, emergency operations, and federal mandate compliance.
302.6-2. A person who is disabled or dies while serving as a public safety officer, as defined in
the Public Safety Officers’ Benefits Program, the spouse of that person and/or any children of
that person may be eligible for benefits as determined by the Bureau of Justice Assistance under
the Public Safety Officers’ Benefits Program, 42 U.S.C. ch. 46, subch. XII.
302.6-2. The Nation may implement more strict policies or requirements than those issued by the
Community/Public Health Officer.
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302.7. Public Health Emergencies and Communicable Disease
302.7-1. In order to prevent a public health emergency, the Director and the Community/Public
Health Officer shall take action to limit the spread of any communicable disease, in accordance
with this law.
302.7-2. Investigation of Communicable Disease. If the Community/Public Health Officer
suspects or is informed of the existence of any communicable disease, the Community/Public
Health Officer shall investigate and make or cause examinations to be made, as are deemed
necessary.
302.7-3. The Community/Public Health Officer may quarantine, isolate, require restrictions, or
take other communicable disease control measures as necessary. Any individual, including an
authorized individual, who enters an isolation or quarantine premises may be subject to isolation
or quarantine under this lawQuarantinable Diseases. The Community/Public Health Officer shall
provide a list of quarantinable diseases specified in a resolution to be adopted by the Oneida
Business Committee.
302.7-4.(a) The list Authority of quarantinable diseases shall be specified in a resolution adopted
by the Oneida Business Committee as recommended by the the Community/Public Health Officer.
The Community/Public Health Officer shall act as necessary to protect the public including, but
not limited to, the following actions:
(b)(a) Request the Director to take the necessary steps to have a public health emergency
proclaimed;
(b) Quarantine, isolate, or take other communicable disease control measures upon an
individual(s); and
(c) Issue any mandate, order, and/or require restrictions which may limit the spread of any
communicable disease to any individual, business, or the general population of the
Reservation.
302.7-5. Quarantine and Isolation. The Community/Public Health Officer shall immediately
quarantine, isolate, and/or take other communicable disease control measures upon an individual
if the Community/Public Health Officer receives a diagnostic report from a physician or a written
or verbal notification from an individual or his or her parent or caretaker that gives the
Community/Public Health Officer a reasonable belief that the individual has a communicable
disease that is likely to cause a public health emergency.
(c) When the Community/Public Health Officer deems it necessary that an individual be
quarantined or otherwise restricted in a separate place, the Community/Public Health
Officer shall have that individual removed to such a designated place, if it can be done
without danger to the individual’s health.
Cross-reference: See also Resolution Identifying Quarantinable Diseases BC-05-13-09-G.

(a) 302.7-4.
The Community/Public Health Officer shall act as necessary to protect the
public, including requesting the Director to take steps to have a public health emergency
proclaimed, as identified in 302.8.
302.7-5.
If an individual is infected with a communicable disease and the
Community/Public Health Officer determines it is necessary to limit contact with the
individual, all persons may be forbidden from being in direct contact with the infected
individual, except for those persons having a special written permit from the
Community/Public Health Officer.
(b) Any individual, including an authorized individual, who enters an isolation or quarantine
premises may be subject to isolation or quarantine under this 302.7-6. The Nation’s law
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enforcement agency shall work with the Community/Public Health Officer to execute the
Community/Public Health Officer’s orders and properly guard any place if quarantine or other
restrictions on communicable disease are violated or intent to violate is manifested.
302.7-7. Expenses forlaw.
(c) When the Community/Public Health Officer deems it necessary medical care, food, and other
articles needed for an infected individual shall be charged against the individual or whoever is
liable for the individual’s support. The OCHS is responsible for the following costs accruing under
this section unless the costs are payable through third party liability or through any benefit system:
(a) the expense for law enforcement assistance under 302.7-4.
(b) the expense of maintaining quarantine and isolation of thethat an individual be
quarantined area.
(c)
the expense of conducting examinations and tests made under the direction
of, isolated, or otherwise restricted in a separate place, the Community/Public Health
Officer shall have that individual removed to such a designated place, if it can be done
without danger to the individual’s health.
(d) the expense of care for dependent persons of the infected individual.
302.7-8. When302.7-6. Action when a Public Health Emergency is Proclaimed. In addition,
when a public health emergency is proclaimed, the Community/Public Health Officer may do all
of the following, as necessary:
(a) order organize the vaccination of individuals;
(1) The following types of individuals shall not be subject to a vaccination:
(A) an individual to receive a vaccination, unlesswho the vaccination is
reasonably likely to lead to serious harm to the individual or the; and
(B) an individual, for reason of religion or conscience, refuses to obtain the
vaccination.
(b) isolate or quarantine individuals, including those who are unable or unwilling to
receive thea vaccination under (a).; and
(c) prevent any individual, except for those individuals authorized by the
Community/Public Health Officer, from entering an isolation or quarantine premises.
302.8. When an Emergency is Proclaimed
302.7-7. The Oneida Police Department shall take enforcement action when necessary and work
with the Community/Public Health Officer to execute the Community/Public Health Officer’s
orders and properly guard any place if quarantine, isolation, or other restrictions on communicable
disease are violated or intent to violate becomes apparent.
302.7-8. Expenses for necessary medical care, food, and other articles needed for an infected
individual shall be charged against the individual or whoever is liable for the individual’s care and
support.
302.8. Proclamation of an Emergency
302.8-1. Proclamation of an Emergency. The Oneida Business Committee shall be responsible
for proclaiming or ratifying the existence of an emergency and for requesting a gubernatorial or
presidential declaration.
(a) 302.8-2. The Director may request that the Oneida Business Committee proclaim the
existence of an emergency. The Oneida Business Committee may proclaim the existence
of an emergency without a request from the Director, if warranted.
(b) In the event the Oneida Business Committee is unable to proclaim or ratify the
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existence of an emergency, the Director may proclaim an emergency which shall be in
effect until such time the Oneida Business Committee can officially ratify this declaration.
The Oneida Business Committee may proclaim the existence of an emergency without a
request from the Director, if warranted.
302.8-2. 302.8-3.
The emergency management network of the Reservation shall be as
specified in the Emergency Operations Plan, as adopted by the Oneida Business Committee.
302.8-4. The provisions of Chapter 34, Oneida Tribal Regulation of Domestic Animals
Ordinance, shall not apply during a proclaimed emergency. During a proclaimed emergency, the
Conservation Department shall be responsible for the care, disposal, and sheltering of all
abandoned domestic animals and livestock.
302.8-5. No proclamation of an emergency by the Oneida Business Committee or the Director
may last for longer than thirty (30sixty (60) days, unless renewedthe proclamation of emergency
is extended by the Oneida Business Committee.
302.8-3. Management Network. The emergency management network of the Reservation shall
be as specified in the Emergency Response Plan, as adopted by the Oneida Business Committee.
302.8-4. After-Action Report. After an emergency has subsided, the Director shall prepare, or
shall work in conjunction with the appropriate entity to prepare, an after-action report to be
presented to the Oneida Business Committee, any interested entity, and the public. This report
shall be presented to the required parties no longerlater than sixty (60) days after the emergency
has subsided, unless an extension is granted by the Oneida Business Committee.
302.8-5. During
302.9. Enforcement and Penalties
302.9-1. It shall be a violation of this law for any person to willfully obstruct, hinder, or delay
the implementation or enforcement of the provisions of this law or any plan issued thereunder,
whether or not an emergency has been proclaimed.
(a) Violators of this law may be subject to a fine of not more than $200 per violation to be issued
by the Oneida Police Department and paid to the Nation. Employees of the Nation who violate
this law during their work hours or who refuse to follow the a proclaimed emergency, the
Conservation Department shall be responsible for the care, disposal, and sheltering of all
abandoned domestic animals and livestock. The Conservation Department may delegate this
responsibility to a contracted agency.
302.9. Emergency Operations Plan may be subject to disciplinary action instead of a
fineEmergency Core Decision Making Team
.
302.9-2. All fines assessed under this section shall be paid within sixty (60) days of issuance of
the citation, unless the person files an appeal with the Judiciary before the fine is to be paid.
302.9-3. Employees of the Nation who are disciplined under this law may appeal the disciplinary
action in accordance with the personnel policies and procedures of the Nation.
302.10. COVID-19 Core Decision Making Team
302.10-1. Creation of302.9-1. Emergency Core Decision Making Team. Upon the proclamation
of an emergency under this law, the Oneida Business Committee may establish an Emergency
Core Decision Making Team through the adoption of a motion. The motion shall identify the

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A66a2748a90be02ce. Public record. Not legal advice.