Oneida Business Committee (2025)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
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PO Box 365 • Oneida, WI 54155‐0365
ONEIDA
Oneida‐nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING AGENA REVISED
Business Committee Conference Room - 2nd Floor Norbert Hill
Center January 15, 2025
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. December 18, 2024 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Oneida Life Insurance Plan Law Amendments (pg. 4)
2. Petition S. Benton – Move Oneida Nation Arts Program under Tourism or Community
Development (pg. 27)
3. Oneida Law Enforcement Ordinance Amendments (pg. 31)
IV.
New Submissions
V.
Additions
VI.
Administrative Updates
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
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Oneida Business Committee
Legislative Operating Committee
OODDDO
PO Box 365 • Oneida, WI 54155‐0365
ONEIDA
Oneida‐nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
December 4, 2024
9:00 a.m.
Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Jennifer Webster, Marlon Skenandore
Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz
Others Present on Microsoft Teams: Rae Skenandore, Kaylynn Gresham, Tavia James-Charles,
Ralinda Ninham-Lamberies, Fawn Billie, Fawn Cottrell, Justin Nishimoto, Jason Martinez,
Maureen Perkins, Joel Maxam, Sarah White, Mark Powless, Peggy Helm-Quest
I.
Call to Order and Approval of the Agenda
Jameson Wilson called the December 18, 2024, Legislative Operating Committee meeting
to order at 9:00 a.m.
Motion by Jonas Hill to approve the agenda; seconded by Jennifer Webster. Motion carried
unanimously.
II.
Minutes to be Approved
1. December 4, 2024 LOC Meeting Minutes
Motion by Jenny Webster to approve the December 4, 2024 LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Jonas Hill. Motion carried
unanimously.
III.
Current Business
1. Oneida Life Insurance Plan Law Amendments
Motion by Kirby Metoxen to approve the updated public comment review memorandum,
draft, and legislative analysis for the proposed amendments to the Oneida Life Insurance
Plan law; seconded by Jennifer Webster. Motion carried unanimously.
Motion by Jennifer Webster to approve the fiscal impact statement request memorandum
and forward the materials to the Finance Department directing that a fiscal impact
statement be prepared and submitted to the LOC by January 9, 2025; seconded by Marlon
Skenandore. Motion carried unanimously.
IV.
New Submissions
1. Petition S. Benton- Move Oneida Nation Arts Program under Tourism or
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Community Development
GOOOQO;
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of December 18, 2024
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Motion by Jonas Hill to add the Petition S. Benton – Move Oneida Nation Arts Program
under Tourism or Community Development to the Active Files List with Kirby Metoxen
as the sponsor; seconded by Jennifer Webster. Motion carried unanimously.
V.
Additions
VI.
Administrative Updates
VII.
Executive Session
VIII. Adjourn
Motion by Jennifer Webster to adjourn at 9:14 a.m.; seconded by Marlon Skenandore.
Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of December 18, 2024
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
January 15, 2025
Oneida Life Insurance Plan Law
Amendments
Submission Date: 6/5/24
LOC Sponsor: Jameson Wilson
Public Meeting: 11/15/24
Emergency Enacted: N/A
Summary:
This item added to the Active Files List on June 5, 2024, at the request of the Chief
Financial Officer, Ralinda Ninham-Lamberies. The CFO requested the LOC consider an emergency
amendment to the Law to remove section 1004.5-3 which provides that “the Oneida Trust Enrollment
Department shall be notified within one (1) year of the member of the Nation’s death in order to distribute
the Oneida Life Insurance Plan benefits to the beneficiary. Oneida Life Insurance Plan claims made
beyond the first anniversary of the decedent’s death shall not be processed for distribution.” Finance
provided that recently a member of the Nation missed the deadline by four (4) days, and there would not
be an increase in liability is this provision is removed dur to limited staff availability. The LOC determined
this request did not meet the standard for emergency legislation provided for in section 109.9-5 of the
LPA, but decided to add this item to the Active Files List anyways due to the August 20, 2023 OBC motion
which directed the LOC to bring this Law back for a one (1) year review of its adoption and
implementation.
6/5/24 LOC:
Motion by Jonas Hill to add the Oneida Life Insurance Plan Law Amendments to the Active
Files List with Jameson Wilson as the sponsor; seconded by Kirby Metoxen. Motion carried
unanimously.
8/26/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon Skenandore,
Clorissa Leeman, Carl Artman, Ralinda Ninham-Lamberies, John Danforth, Michelle John,
Heidi Janowski, Fawn Billie, Kristal Hill, Maureen Perkins. The purpose of this work meeting
was to discuss how the implementation of the Oneida Life Insurance Plan law went during its
first year, and begin discussions on whether any amendments to the law are necessary at this
time.
8/29/24:
Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Kirby Metoxen, Jonas Hill,
Clorissa Leeman, Fawn Cottrell, Kristal Hill, Maureen Perkins, Fawn Billie, Carolyn Salutz.
The purpose of this work meeting was to determine what, if any, amendments to make to the
Oneida Life Insurance Plan law based on the information received during the One Year
Review work meeting held on August 26, 2024.
9/4/24 LOC:
Motion by Kirby Metoxen to accept the memorandum entitled, One (1) Year Review of the
Oneida Life Insurance Plan Law; seconded by Marlon Skenandore. Motion carried
unanimously.
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Motion by Marlon Skenandore to approve the draft of proposed amendments to the Oneida
Life Insurance Plan law and direct that a legislative analysis be developed; seconded by Jonas
Hill. Motion carried unanimously.
9/18/24 LOC: Motion by Jonas Hill to approve the legislative analysis for the proposed amendments to the
Oneida Life Insurance Plan law; seconded by Marlon Skenandore. Motion carried
unanimously.
10/2/24:
E-Poll Conducted. This e-poll was titled, Approval of Canceled October 2, 2024 LOC Meeting
Materials . The requested action of this e-poll was to: approve the September 18, 2024, LOC
meeting minutes and forward to the Oneida Business Committee; approve the public meeting
packet for the proposed amendments to the Oneida Life Insurance Plan law, and forward the
Oneida Life Insurance Plan law amendments to a public meeting to be held on November 15,
2024; approve the adoption packet for the Computer Resources Ordinance amendments and
forward to the Oneida Business Committee for consideration; approve the public comment
review memorandum, draft, and legislative analysis for the proposed amendments to the
Investigative Leave Policy; and approve the fiscal impact statement request memorandum and
forward the materials to the Finance Department directing that a fiscal impact statement be
prepared and submitted to the LOC by October 16, 2024. The e-poll was approved by Jennifer
Webster, Kirby Metoxen, Jonas Hill, Jameson Wilson, and Marlon Skenandore.
10/16/24 LOC: Motion by Jonas Hill to enter into the record the results of the October 2, 2024, e-poll entitled,
Approval of the Canceled October 2, 2024 LOC Meeting Materials; seconded by Jennifer
Webster. Motion carried unanimously.
11/15/24:
Public Meeting Held. Present: Jameson Wilson, Clorissa Leeman, Gina Powless, John
Danforth, Michelle John, Barbara Metoxen, Bonnie Pigman, Carolyn Salutz, Diana Hernandez,
Grace Elliott, Jason Martinez, Jesse Kujawa, Justin Nishimoto, Katherine Jordan, Lee
Schuyler, Mae Cornelius, Matthew Denny, Patricia Garvey, Ronald Wurth, Todd
Vandenheuvel. Five (5) individuals provided comments during the public meeting.
11/22/24:
Public Comment Period Closed. Two (2) individuals provided written comments during the
public comment period.
12/4/24 LOC: Motion by Jenny Webster to accept the public comments and the public comment revie
memorandum and defer to a work meeting for further consideration; seconded by Kirby
Metoxen. Motion carried unanimously.
12/4/24:
Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas Hill,
Clorissa Leeman, Carolyn Salutz, Grace Elliott, Maureen Perkins. The purpose of this work
meeting was to review and consider the public comments received.
12/18/24 LOC: Motion by Kirby Metoxen to approve the updated public comment review memorandum, draft,
and legislative analysis for the proposed amendments to the Oneida Life Insurance Plan law;
seconded by Jennifer Webster. Motion carried unanimously.
Motion by Jennifer Webster to approve the fiscal impact statement request memorandum and
forward the materials to the Finance Department directing that a fiscal impact statement be
prepared and submitted to the LOC by January 9, 2025; seconded by Marlon Skenandore.
Motion carried unanimously.
12/27/24:
Fiscal Impact Statement Received. The Finance Administration provided the LOC the fiscal
impact statement.
A good mind. A good heart. A strong fire.
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Next Steps:
Approve the adoption packet for the Oneida Life Insurance Plan law amendments and forward
to the Oneida Business Committee for consideration.
A good mind. A good heart. A strong fire.
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ONEIDA
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Oneida Nation
=DODDDD=
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
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Oneida Business Committee
Legislative Operating Committee
Oneida Business Committee
Jameson Wilson, LOC Chairperson
January 15, 2025
Adoption of Amendments to the Oneida Life Insurance Plan Law
Please find the following attached backup documentation for your consideration of the adoption
of amendments to the Oneida Life Insurance Plan law:
1.
2.
3.
4.
5.
6.
Resolution: Amendments to the Oneida Life Insurance Plan Law
Statement of Effect: Amendments to the Oneida Life Insurance Plan Law
Oneida Life Insurance Plan Law Amendments Legislative Analysis
Oneida Life Insurance Plan Law Amendments Draft (Redline)
Oneida Life Insurance Plan Law Amendments Draft (Clean)
Oneida Life Insurance Plan Law Amendments Fiscal Impact Statement
Overview
The purpose of the Oneida Life Insurance Plan law is to provide a death benefit through the Oneida
Life Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to the Oneida
General Welfare law. [10 O.C. 1004.1-1].Amendments to the Oneida Life Insurance Plan law are
being sought to include an appeal section which provides that an individual designated as the
beneficiary of a decedent who believes they were wrongfully denied benefits from the Oneida Life
Insurance Plan by the Oneida Trust Enrollment Department may appeal the denial of benefits to
the Oneida Trust Enrollment Committee, and subsequently any decision made by the Oneida Trust
Enrollment Committee regarding the validity of the denial of benefits is final. [10 O.C. 1004.9-1].
The Legislative Operating Committee developed the proposed amendments to the Oneida Life
Insurance Plan law through collaboration with representatives from the Oneida Law Office,
Finance Administration, Oneida Trust Enrollment Department, and Central Accounting. The
Legislative Operating Committee held three (3) work meetings on the development of the
amendments to the Oneida Life Insurance Plan law.
The development of the amendments to the Oneida Life Insurance Plan law complies with all
processes and procedures required by the Legislative Procedures Act, including the development
of a legislative analysis, a fiscal analysis, and the opportunity for public review during a public
meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8].
The Legislative Operating Committee held a public meeting on the proposed amendments to the
Oneida Life Insurance Plan law on November 15, 2024, with five (5) individuals providing oral
comments. The public comment period for the amendments to this Oneida Life Insurance Plan law
was held open until November 22, 2024, with two (2) submissions of written comments received.
The Legislative Operating Committee accepted, reviewed, and considered the public comments
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received on December 4, 2024.
The amendments to the Oneida Life Insurance Plan law will become effective on February 5, 2025.
Requested Action
Adopt the Resolution: Amendments to the Oneida Life Insurance Plan Law
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ONEIDA
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 Oneida Life Insurance Plan 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 Oneida Life Insurance Plan law (“the Law”) was adopted by the Oneida Business
Committee through resolution BC-08-23-23-G; and
WHEREAS,
the purpose of this Law is to provide a death benefit through the Oneida Life Insurance
Plan for all eligible enrolled Oneida Nation members, pursuant to the Oneida General
Welfare law; and
WHEREAS,
the amendments to the Law add a new section which provides that an individual designated
as the beneficiary of a decedent who believes they were wrongfully denied benefits from
the Oneida Life Insurance Plan by the Oneida Trust Enrollment Department may appeal
the denial of benefits to the Oneida Trust Enrollment Committee, and subsequently any
decision made by the Oneida Trust Enrollment Committee regarding the validity of the
denial of benefits is final; and
WHEREAS,
the Legislative Operating Committee developed the proposed amendments to the Law
through collaboration with representatives from the Oneida Law Office, Finance
Administration, Oneida Trust Enrollment Department, and Central Accounting; 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
WHEREAS,
the Legislative Operating Committee held a public meeting on the proposed amendments
to the Law on November 15, 2024, with five (5) individuals providing oral comments, and
the public comment period for the amendments to this Law was held open until November
22, 2024, with two (2) submissions of written comments received; and
WHEREAS,
the Legislative Operating Committee accepted, reviewed, and considered the public
comments received on December 4, 2024; and
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments
to the Oneida Life Insurance Plan law, which shall become effective on February 5, 2025.
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Oneida Business Committee
Legislative Operating Committee
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PO Box 365 • Oneida, WI 54155‐0365
ONEIDA
Oneida‐nsn.gov
Statement of Effect
Amendments to the Oneida Life Insurance Plan Law
Summary
This resolution adopts amendments to the Oneida Life Insurance Plan law.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: January 15, 2025
Analysis by the Legislative Reference Office
This resolution adopts amendments to the Oneida Life Insurance Plan law. The purpose of the
Oneida Life Insurance Plan law is to provide a death benefit through the Oneida Life Insurance
Plan for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law.
[10 O.C. 1004.1-1].Amendments to the Oneida Life Insurance Plan law are being sought to
include an appeal section which provides that an individual designated as the beneficiary of a
decedent who believes they were wrongfully denied benefits from the Oneida Life Insurance Plan
by the Oneida Trust Enrollment Department may appeal the denial of benefits to the Oneida Trust
Enrollment Committee, and subsequently any decision made by the Oneida Trust Enrollment
Committee regarding the validity of the denial of benefits is final. [10 O.C. 1004.9-1].
Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),
which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the
purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Oneida Life Insurance Plan law amendments complied with all processes and procedures
required by the LPA, including the development of a legislative analysis, a fiscal analysis, and the
opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6,
109.7, 109.8].
The Legislative Operating Committee held a public meeting on the proposed amendments to the
Oneida Life Insurance Plan law on August 21, 2024. No individuals provided public comments
during this public meeting. The public comment period was then held open until August 28, 2024.
No written comments were received during this public comment period.
The Legislative Operating Committee held a public meeting on the proposed amendments to the
Oneida Life Insurance Plan law on November 15, 2024, with five (5) individuals providing oral
comments. The public comment period for the amendments to this Oneida Life Insurance Plan law
was held open until November 22, 2024, with two (2) submissions of written comments received.
The Legislative Operating Committee accepted, reviewed, and considered the public comments
received on December 4, 2024.
The amendments to the Oneida Life Insurance Plan law will become effective on February 5, 2025.
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Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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Analysis to Draft 2
2025 01 15
ONEIDA LIFE INSURANCE PLAN LAW
AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
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Analysis by the Legislative Reference Office
Include an appeal section which provides that an individual designated as the
beneficiary of a decedent who believes they were wrongfully denied benefits
from the Oneida Life Insurance Plan by the Oneida Trust Enrollment
Department may appeal the denial of benefits to the Oneida Trust Enrollment
Committee, and subsequently any decision made by the Oneida Trust
Enrollment Committee regarding the validity of the denial of benefits is final.
[10 O.C. 1004.9-1].
The purpose of this law is to provide a death benefit through the Oneida Life
Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to
the Oneida General Welfare law. [10 O.C. 1004.1-1].
Oneida Trust Enrollment Department, Members of the Nation
A public meeting was held on November 15, 2024. Five (5) individuals
provided comments during the public meeting. The public comment period
was then held open until November 22, 2024. Two (2) individuals provided
written comments during the public comment period.
A fiscal impact statement was received from Finance on December 27,
2024.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Oneida Life Insurance Plan law was adopted by the Oneida Business Committee in
August of 2023 through resolution BC-08-23-23-G. The purpose of the Oneida Life Insurance Plan law
is to the purpose of providing a death benefit through the Oneida Life Insurance Plan for all eligible
enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. [10 O.C. 1004.1-1]. It
is the policy of the Nation to care for its members and their families even after their death. [10 O.C.
1004.1-2]. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure equitable
and expedient distribution to designated beneficiaries. Id. The General Tribal Council, through
resolution GTC-01-17-09-B, approved the concept of the Oneida Life Insurance Plan Plus to replace
the Oneida Burial Fund. [10 O.C. 1004.1-1(a)]. The General Tribal Council directed implementation
of a benefit that pays fifteen thousand dollars ($15,000) to the designated beneficiary or beneficiaries
of the deceased Oneida Nation member. Id. The payment of death benefits through OLIPP to designated
beneficiaries of a deceased Oneida Nation member is an exercise of self-governance crucial to the
Oneida Nation’s sovereignty, and health and welfare of the community. Id.
B. Request for Amendments. This item added to the Active Files List on June 5, 2024, at the request of
the Chief Financial Officer (CFO), Ralinda Ninham-Lamberies. The CFO requested the Legislative
Operating Committee consider an emergency amendment to the Law to remove section 1004.5-3 which
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Analysis to Draft 2
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provides that “the Oneida Trust Enrollment Department shall be notified within one (1) year of the
member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the
beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary of the decedent’s
death shall not be processed for distribution.” Finance provided that recently a member of the Nation
missed the deadline by four (4) days, and there would not be an increase in liability is this provision is
removed due to limited staff availability. The Legislative Operating Committee determined this request
did not meet the standard for emergency legislation provided for in section 109.9-5 of the Legislative
Procedures Act, but decided to add this item to the Active Files List anyways due to the August 20,
2023 Oneida Business Committee motion which directed the Legislative Operating Committee to bring
this Law back for a one (1) year review of its adoption and implementation.
C. One Year Review. When the Oneida Life Insurance Plan law was adopted in August of 2023, the
Oneida Business Committee also directed that the Oneida Life Insurance Plan law be brought back to
the Legislative Operating Committee in one (1) year for review. On August 26, 2024, the Legislative
Operating Committee meet with the Trust Enrollments Department, Finance, and the Oneida Law
Office to discuss the status of implementation of the Oneida Life Insurance Plan law during its first
year, and to begin discussions on whether any amendments to the law are necessary at this time. The
Legislative Operating Committee accepted the memorandum entitled, One (1) Year Review of the
Oneida Life Insurance Plan Law, on September 4, 2024. Overall, the Trust Enrollments Department,
Finance, and the Oneida Law Office provided that the implementation of the Oneida Life Insurance
Plan law has been smooth and the law is operating as it was intended. Although the Oneida Life
Insurance Plan law is working as intended, the Legislative Operating Committee was asked by Finance
to consider two (2) areas where amendments to the Oneida Life Insurance Plan law could potentially
result in improvements in how the law is administered: (1) Section 1004.5-2(d) and 1004.6-3: regarding
the requirement that funeral expenses be paid directly to the funeral home first before any remaining
funds are paid to beneficiary; and (2) Section 1004.5-3: regarding the notice of death requirement of
one (1) year. Ultimately, the Legislative Operating Committee decided to pursue amendments to the
Oneida Life Insurance Plan law to address the length of time for the notice of death requirement. In the
one (1) year review the Oneida Trust Enrollment Department provided the following statistics that were
current as of August 29, 2024, to provide some perspective on how the Oneida Life Insurance Plan has
been administered during its first year:
Oneida Life Insurance Plan Law Statistics
Month
Deaths Reported
OLIP Claims
September 2023
October 2023
November 2023
December 2023
January 2024
February 2024
March 2024
April 2024
May 2024
June 2024
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Claims that
Provided a
Beneficiary
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Claims that Did
Not Provide a
Beneficiary
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0
0
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Analysis to Draft 2
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July 2024
August 2024
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SECTION 3. CONSULTATION AND OUTREACH
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SECTION 4. PROCESS
A. Representatives from the following departments or entities participated in the development of the
amendments to the Oneida Life Insurance Plan law and this legislative analysis:
Oneida Law Office;
Finance Administration;
Oneida Trust Enrollments Department; and
Central Accounting.
B. The following laws were reviewed in the drafting of this analysis:
Oneida General Welfare law; and
Administrative Rulemaking law.
A. The development of the proposed amendments to the Oneida Life Insurance Plan law complies with
the process set forth in the Legislative Procedures Act (LPA).
On June 5, 2024, the Legislative Operating Committee added the Oneida Life Insurance Plan law
to its Active Files List.
On September 4, 2024, the Legislative Operating Committee approved the draft of proposed
amendments to the Oneida Life Insurance Plan law.
On September 18, 2024, the Legislative Operating Committee approved the legislative analysis for
the proposed amendments to the Oneida Life Insurance Plan law.
On October 2, 2024, the Legislative Operating Committee conducted an e-poll entitled, Approval
of Canceled October 2, 2024 LOC Meeting Materials, which included a requested action of approve
the public meeting packet for the proposed amendments to the Oneida Life Insurance Plan law, and
forward the Oneida Life Insurance Plan law amendments to a public meeting to be held on
November 15, 2024. This e-poll was approved by Jennifer Webster, Kirby Metoxen, Jonas Hill,
Jameson Wilson, and Marlon Skenandore.
On October 16, 2024, the Legislative Operating Committee entered into the record the results of
the October 2, 2024, e-poll entitled, Approval of the Canceled October 2, 2024 LOC Meeting
Materials.
On November 15, 2024, a public meeting on the proposed amendments to the Law was held. Five
(5) individuals provided comments during the public meeting.
The public comment period was then held open until November 22, 2024. Two (2) individuals
provided written comments during the public comment period.
On December 4, 2024, the Legislative Operating Committee accepted the public comments and the
public comment revie memorandum and deferred these items to a work meeting for further
consideration. The Legislative Operating Committee reviewed and considered the public comments
received that same day.
On December 18, 2024, the Legislative Operating Committee approved the updated public
comment review memorandum, draft, and legislative analysis for the proposed amendments to the
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Analysis to Draft 2
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Oneida Life Insurance Plan law, and approved the fiscal impact statement request memorandum
and forwarded the materials to the Finance Department directing that a fiscal impact statement be
prepared and submitted to the LOC by January 9, 2025.
On December 27, 2024, the Finance Administration provided the Legislative Operating Committee
with the fiscal impact statement.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this Law:
August 26, 2024: LOC work session with the Oneida Law Office, Finance Administration, Oneida
Trust Enrollments Department, and Central Accounting.
August 29, 2024: LOC work session.
December 4, 2024: LOC work session.
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SECTION 5. CONTENTS OF THE LEGISLATION
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SECTION 6. EXISTING LEGISLATION
A. Appeals. The proposed amendments to the Law add in a new section that addresses appeals. The Law
now provides that an individual designated as the beneficiary of a decedent who believes they were
wrongfully denied benefits from the Oneida Life Insurance Plan by the Oneida Trust Enrollment
Department may appeal the denial of benefits to the Oneida Trust Enrollment Committee, and
subsequently any decision made by the Oneida Trust Enrollment Committee regarding the validity of
the denial of benefits is final. [10 O.C. 1004.9-1].
Effect. Although the Legislative Operating Committee is confidant in the Oneida Trust Enrollment
Department’s ability to oversee and manage the Oneida Life Insurance Plan in accordance with this
law, they wanted to ensure individuals who believe they were wrongfully denied benefits have a
mechanism to have that decision reviewed.
A. Related Legislation. The following laws of the Nation are related to this Law:
Oneida General Welfare Law. The Oneida General Welfare Law governs how the Nation provides
assistance to eligible members on a non-taxable basis, pursuant to the principles of the General
Welfare Exclusion to Indian Tribal governmental programs that provide benefits to Tribal
members. [10 O.C. 1001.1-1].
The Oneida Life Insurance Plan is hereby established as an approved program of the Nation in
accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1]. The Oneida Life
Insurance Plan meets the requirements of the General Test as defined in the Oneida General
Welfare Law. [10 O.C. 1003.4-2].
Administrative Rulemaking Law. The Administrative Rulemaking law provides an efficient,
effective, and democratic process for enacting and revising administrative rules, to ensure that
authorized agencies act in a responsible and consistent manner when enacting and revising
administrative rules. [1 O.C. 106.1-2].
The Oneida Life Insurance Plan law delegates rulemaking authority to the Oneida Trust
Enrollment Department to promulgate rules to govern the administration of the Oneida Life
Insurance Plan. [10 O.C. 1004.8-1].
Any rules promulgated by the Oneida Trust Enrollment Department must be done in accordance
with the process and procedures of the Administrative Rulemaking law.
Page 4 of 5
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SECTION 7. OTHER CONSIDERATIONS
134
A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
135
legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC136
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
137
Act,” provides further clarification on who the Legislative Operating Committee may direct complete
138
a fiscal impact statement at various stages of the legislative process, as well as timeframes for
139
completing the fiscal impact statement.
140
Conclusion. On December 27, 2024, the Finance Administration provided the Legislative
141
Operating Committee with a fiscal impact statement.
142
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Title 10. General Welfare Exclusion - Chapter 1004
ONEIDA LIFE INSURANCE PLAN
1004.1. Purpose and Policy
1004.2. Adoption, Amendment, Repeal
1004.3. Definitions
1004.4. Establishment
1004.4. Establishment
1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.6. Beneficiary Claim Process and Distribution
1004.7. Funding
1004.8. Administrative Rulemaking
1004.1. Purpose and Policy
1004.2. Adoption, Amendment, Repeal
1004.3. Definitions
1
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1004.6. Beneficiary Claim Process and Distribution
1004.7. Funding
1004.8. Administrative Rulemaking
1004.9. Appeals
1004.1. Purpose and Policy
1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life
Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida
General Welfare law.
(a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the
concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The
General Tribal Council directed implementation of a benefit that pays fifteen thousand
dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida
Nation member. The payment of death benefits through OLIPP to designated beneficiaries
of a deceased Oneida Nation member is an exercise of self-governance crucial to the
Oneida Nation’s sovereignty, and health and welfare of the community.
1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even
after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure
equitable and expedient distribution to designated beneficiaries.
1004.2. Adoption, Amendment, Repeal
1004.2-1. This law was adopted by the Oneida Business Committee by resolution BC-08-23-23G. and amended by resolution BC-__-__-__-__.
1004.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
1004.2-3. 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.
1004.2-4. 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.
1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1004.3. Definitions
1004.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "Approved program" means any program(s) to provide general welfare assistance that
is intended to qualify as a General Welfare Exclusion, administered under specific
guidelines, and is adopted by the Oneida Business Committee through resolution or law of
the Nation in accordance with the Oneida General Welfare law.
(b) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral
expenses of an enrolled member of the Nation, with any residual amounts paid thereafter
10 O.C. 1004 – Page 1
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to the designated beneficiary.
(c) “Decedent” means the deceased person.
(d) “Designated Beneficiary” means any person(s) designated by the enrolled member of
the Nation, through the approved beneficiary designation form, to receive all or a portion
of the decedent’s Oneida Life Insurance Plan benefit.
(e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced
by the funeral home including, but not limited to, the following:
(1) funeral planning;
(2) securing the necessary permits and copies of death certificates;
(3) preparing the notices;
(4) sheltering the remains;
(5) coordinating the arrangements with the cemetery, crematory or other third
parties;
(6) transporting the remains;
(7) embalming and other preparation;
(8) viewing, ceremony, or memorial services;
(9) use of a hearse or limousine;
(11) a casket, outer burial container or alternate container;
(11) monuments; and
(12) cremation or interment.
(f) “Nation” means the Oneida Nation.
1004.4. Establishment
1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved
program of the Nation in accordance with the Oneida General Welfare law. The purpose of the
Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance
to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts
paid thereafter to the designated beneficiary.
1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan meets the requirements of
the General Test as defined in the Oneida General Welfare law; General Criteria as defined in
I.R.S. Rev. Proc. 2014-35. Section 5.01(1); and the requirements of the Tribal General Welfare
Exclusion Act of 2014, 26 U.S.C. §139E(b).
(a) The assistance provided through the Oneida Life Insurance Plan is:
(1) paid on behalf of the Nation;
(2) pursuant to an approved program of the Nation;
(3) does not discriminate in favor of members of the governing body of the Nation;
(4) available to any eligible member of the Nation who meets the guidelines of the
approved program;
(5) provided for the promotion of general welfare;
(6) not lavish or extravagant;
(7) not compensation for services; and
(8) not a per capita payment.
(b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses
related to a death as Safe Harbor program for which need is presumed.
10 O.C. 1004 – Page 2
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1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life
Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a
designated beneficiary.
(a) Newly enrolled members of the Nation shall be covered the date their enrollment
application is approved by Oneida Trust Enrollment Committee and Oneida Business
Committee.
(b) Members of the Nation that have relinquished their membership shall not be covered
from the date their relinquishment request is approved by the Oneida Trust Enrollment
Committee and Oneida Business Committee.
1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust
Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust
Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to
their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary.
(a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the
effective date of this law shall remain valid.
(b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent
did not designate a living beneficiary though the beneficiary designation form.
(c) A parent or legal guardian shall complete and submit a beneficiary designation form
on behalf of their minor child or ward.
(d) Funeral expenses shall be paid directly to the funeral home upon submission of a valid
invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated
beneficiary has not been designated.
1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one
(1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan
benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary
of the decedent’s death shall not be processed for distribution.
1004.5-4. Oversight. The Oneida Trust Enrollment Department shall be delegated the oversight
and management of the Oneida Life Insurance Plan.
1004.6. Beneficiary Claim Process and Distribution
1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules
relating to determination of death and status are applicable:
(a) A certified or authenticated copy of a death certificate purporting to be issued by an
official or agency of the place where the death purportedly occurred is prima facie proof
of the fact, place, date and time of death, and the identity of the decedent;
(b) A certified or authenticated copy of any record or report of a governmental agency,
domestic or foreign, of a decedent’s death; and
(c) A person who is absent for a continuous period of seven (7) years, during which they
have not been heard from, and whose absence is not satisfactorily explained after diligent
search or inquiry is presumed to be dead. Their death is presumed to have occurred at the
end of the period unless there is sufficient evidence for determining that death occurred
earlier.
10 O.C. 1004 – Page 3
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1004.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who
criminally and intentionally causes the death of the decedent shall not be entitled to any benefits
passing under this law.
1004.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the following
order:
(a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid
invoice therefrom;
(1) Any expenses beyond the funeral expenses shall be the responsibility of the
beneficiary, family of the decedent, or any other responsible parties.
(b) Residual benefits shall be paid to the designated beneficiary.
1004.7. Funding
1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding by the
Nation.
1004.8. Administrative Rulemaking
1004.8-1. Delegation of Administrative Rulemaking Authority. The Oneida Trust Enrollment
Department shall be delegated administrative rulemaking authority in accordance with the
Administrative Rulemaking law to promulgate rules to govern the administration of the Oneida
Life Insurance Plan.
1004.9. Appeals
1004.9-1. An individual designated as the beneficiary of a decedent who believes they were
wrongfully denied benefits from the Oneida Life Insurance Plan by the Oneida Trust Enrollment
Department may appeal the denial of benefits to the Oneida Trust Enrollment Committee. Any
decision made by the Oneida Trust Enrollment Committee regarding the validity of the denial of
benefits is final.
End.
Emergency Adopted – BC-09-28-22-C
Emergency Extension – BC-03-22-23-C
Adopted – BC-08-23-23-G
Amended – BC-__-__-__-__
10 O.C. 1004 – Page 4
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Title 10. General Welfare Exclusion - Chapter 1004
ONEIDA LIFE INSURANCE PLAN
1004.1. Purpose and Policy
1004.2. Adoption, Amendment, Repeal
1004.3. Definitions
1004.4. Establishment
1004.5. Qualifications, Designation of Beneficiary, and Notice
1
2
3
4
5
6
7
8
9
10
11
12
13
14
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16
17
18
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39
40
1004.6. Beneficiary Claim Process and Distribution
1004.7. Funding
1004.8. Administrative Rulemaking
1004.9. Appeals
1004.1. Purpose and Policy
1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life
Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida
General Welfare law.
(a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the
concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The
General Tribal Council directed implementation of a benefit that pays fifteen thousand
dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida
Nation member. The payment of death benefits through OLIPP to designated beneficiaries
of a deceased Oneida Nation member is an exercise of self-governance crucial to the
Oneida Nation’s sovereignty, and health and welfare of the community.
1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even
after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure
equitable and expedient distribution to designated beneficiaries.
1004.2. Adoption, Amendment, Repeal
1004.2-1. This law was adopted by the Oneida Business Committee by resolution BC-08-23-23G and amended by resolution BC-__-__-__-__.
1004.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
1004.2-3. 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.
1004.2-4. 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.
1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1004.3. Definitions
1004.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "Approved program" means any program(s) to provide general welfare assistance that
is intended to qualify as a General Welfare Exclusion, administered under specific
guidelines, and is adopted by the Oneida Business Committee through resolution or law of
the Nation in accordance with the Oneida General Welfare law.
(b) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral
expenses of an enrolled member of the Nation, with any residual amounts paid thereafter
to the designated beneficiary.
(c) “Decedent” means the deceased person.
(d) “Designated Beneficiary” means any person(s) designated by the enrolled member of
the Nation, through the approved beneficiary designation form, to receive all or a portion
10 O.C. 1004 – Page 1
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of the decedent’s Oneida Life Insurance Plan benefit.
(e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced
by the funeral home including, but not limited to, the following:
(1) funeral planning;
(2) securing the necessary permits and copies of death certificates;
(3) preparing the notices;
(4) sheltering the remains;
(5) coordinating the arrangements with the cemetery, crematory or other third
parties;
(6) transporting the remains;
(7) embalming and other preparation;
(8) viewing, ceremony, or memorial services;
(9) use of a hearse or limousine;
(11) a casket, outer burial container or alternate container;
(11) monuments; and
(12) cremation or interment.
(f) “Nation” means the Oneida Nation.
1004.4. Establishment
1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved
program of the Nation in accordance with the Oneida General Welfare law. The purpose of the
Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance
to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts
paid thereafter to the designated beneficiary.
1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan meets the requirements of
the General Test as defined in the Oneida General Welfare law; General Criteria as defined in
I.R.S. Rev. Proc. 2014-35. Section 5.01(1); and the requirements of the Tribal General Welfare
Exclusion Act of 2014, 26 U.S.C. §139E(b).
(a) The assistance provided through the Oneida Life Insurance Plan is:
(1) paid on behalf of the Nation;
(2) pursuant to an approved program of the Nation;
(3) does not discriminate in favor of members of the governing body of the Nation;
(4) available to any eligible member of the Nation who meets the guidelines of the
approved program;
(5) provided for the promotion of general welfare;
(6) not lavish or extravagant;
(7) not compensation for services; and
(8) not a per capita payment.
(b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses
related to a death as Safe Harbor program for which need is presumed.
1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life
Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a
designated beneficiary.
10 O.C. 1004 – Page 2
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(a) Newly enrolled members of the Nation shall be covered the date their enrollment
application is approved by Oneida Trust Enrollment Committee and Oneida Business
Committee.
(b) Members of the Nation that have relinquished their membership shall not be covered
from the date their relinquishment request is approved by the Oneida Trust Enrollment
Committee and Oneida Business Committee.
1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust
Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust
Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to
their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary.
(a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the
effective date of this law shall remain valid.
(b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent
did not designate a living beneficiary though the beneficiary designation form.
(c) A parent or legal guardian shall complete and submit a beneficiary designation form
on behalf of their minor child or ward.
(d) Funeral expenses shall be paid directly to the funeral home upon submission of a valid
invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated
beneficiary has not been designated.
1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one
(1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan
benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary
of the decedent’s death shall not be processed for distribution.
1004.5-4. Oversight. The Oneida Trust Enrollment Department shall be delegated the oversight
and management of the Oneida Life Insurance Plan.
1004.6. Beneficiary Claim Process and Distribution
1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules
relating to determination of death and status are applicable:
(a) A certified or authenticated copy of a death certificate purporting to be issued by an
official or agency of the place where the death purportedly occurred is prima facie proof
of the fact, place, date and time of death, and the identity of the decedent;
(b) A certified or authenticated copy of any record or report of a governmental agency,
domestic or foreign, of a decedent’s death; and
(c) A person who is absent for a continuous period of seven (7) years, during which they
have not been heard from, and whose absence is not satisfactorily explained after diligent
search or inquiry is presumed to be dead. Their death is presumed to have occurred at the
end of the period unless there is sufficient evidence for determining that death occurred
earlier.
1004.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who
criminally and intentionally causes the death of the decedent shall not be entitled to any benefits
passing under this law.
1004.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the following
order:
10 O.C. 1004 – Page 3
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(a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid
invoice therefrom;
(1) Any expenses beyond the funeral expenses shall be the responsibility of the
beneficiary, family of the decedent, or any other responsible parties.
(b) Residual benefits shall be paid to the designated beneficiary.
1004.7. Funding
1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding by the
Nation.
1004.8. Administrative Rulemaking
1004.8-1. Delegation of Administrative Rulemaking Authority. The Oneida Trust Enrollment
Department shall be delegated administrative rulemaking authority in accordance with the
Administrative Rulemaking law to promulgate rules to govern the administration of the Oneida
Life Insurance Plan.
1004.9. Appeals
1004.9-1. An individual designated as the beneficiary of a decedent who believes they were
wrongfully denied benefits from the Oneida Life Insurance Plan by the Oneida Trust Enrollment
Department may appeal the denial of benefits to the Oneida Trust Enrollment Committee. Any
decision made by the Oneida Trust Enrollment Committee regarding the validity of the denial of
benefits is final.
End.
Emergency Adopted – BC-09-28-22-C
Emergency Extension – BC-03-22-23-C
Adopted – BC-08-23-23-G
Amended – BC-__-__-__-__
10 O.C. 1004 – Page 4
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"
FINANCE ADMINISTRATION GDDDOD=
Fiscal Impact Statement ONEIDA
MEMORANDUM
TO:
RaLinda Ninham-Lamberies, Chief Financial Officer
FROM:
Rae Skenandore, Senior Analyst/Budget Coordinator
DATE:
December 24, 2024
RE:
Fiscal Impact of the Proposed Amendment to the Oneida Life Insurance Plan
Law
I.
Estimated Fiscal Impact Summary
Law: Amendments to the Oneida Life Insurance Plan Law
I Draft 2
Implementing Agency
Oneida Trust Enrollment Department
Estimated time to comply
Estimated Impact
Total Estimated Fiscal Impact
10 days, in compliance with the Legislative Procedures Act
Current Fiscal Year
10 Year Estimate
No Fiscal Impact
No Fiscal Impact
II.
Background
This Law was originally adopted by the Oneida Business Committee on August 23rd of 2023
through resolution BC-08-23-23-G. The purpose of the law is to provide a death to all eligible
enrolled Oneida Nation members. It is the policy of the Nation to care for its members and their
families even after their death.
According to the Legislative Reference Office (LRO), the proposed amendments to the law are
based on the one-year review and include the following.
Include an appeal section.
1
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III.
Methodology and Assumptions
A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year financial
effects associated with legislation and includes startup costs, personnel, office, documentation
costs, as well as an estimate of the amount of time necessary for an agency to comply with the
Law after implementation.
Finance does NOT identify the source of funding for the estimated cost or allocate any funds to
the legislation.
The analysis was completed based on the information provided as of the date of this memo.
IV.
Findings
The OLIP process was internalized in 2023. There are no added start-up costs, no increases in
personnel are needed, and no increases in office or documentation costs. The law can be
implemented in 10 days, in compliance with the Legislative Procedures Act
V.
Financial Impact
There is no additional fiscal impact of implementing this legislation.
VI.
Recommendation
Finance does not make a recommendation about a course of action in this matter. Rather, it is the
purpose of this analysis to disclose the potential fiscal impact of this legislation, so that the
Oneida Business Committee and General Tribal Council has the information with which to
render a decision.
2
A good mind. A good heart. A strong fire.
~
ONEIDA
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
January 15, 2025
Petition: S. Benton -Move ONAP under
Tourism or Community Development
Submission Date: 12/18/24
LOC Sponsor: Kirby Metoxen
Summary: On November 22, 2024, the Petition S. Benton – Move Oneida Nation Art
Program under Tourism or Community Development was submitted. On November 25, 2024,
the Oneida Trust Enrollment Department verified the signatures for the Petition. The Oneida
Business Committee acknowledged receipt of this Petition on December 11, 2024. This petition
calls for a special General Tribal Council (GTC) meeting to be called to consider the
following: Move the Oneida Natin Arts Program (ONAP) along with its budget, assets, and
infrastructure from the Human Services Division to either the Tourism or Community
Development. ONAP isn’t as social service program. By integrating ONAP into the
Community Development or Tourism Division, we can create a more vibrant, economically
robust, and attractive region for both residents and visitors. Currently, ONAP is understaffed.
By moving ONAP into a different division, there would be better administrative support, shared
resources, sand partnerships, so ONAP could operate more efficiently and cost-effectively.
ONAP has the potential to develop professional artists, improve quality of life, boost our local
tourism economy, and establish our region as a cultural destination for tourists and in turn
boost our tourism economy. ONAP also has the potential to spearhead the development of an
“arts district” that would feature public spaces for the arts such as exhibition and gallery
spaces, performance venues, and public art installations like murals, sculptures, and arts
related special events.
12/11/24 OBC: Motion by Lawrence Barton to acknowledge receipt of the petition from Sherrole Benton
regarding Move Oneida Nation Arts Program under Tourism or Community Development; to
direct the BC Direct Report Offices to complete and submit their administrative impact
statements of the petition to the Tribal Secretary mailbox by Thursday, January 2, 2025; and
to direct the Law, Finance, and Legislative Reference Offices to complete, respectively, the
legal review, fiscal impact statement, and statement of effect with status updates to be
submitted for the January 22, 2025, regular Business Committee meeting agenda and the first
Business Committee meeting of the month thereafter or until the final documents are
submitted, seconded by Kirby Metoxen. Motion carried.
12/18/24 LOC: Motion by Jonas Hill to add the Petition S. Benton – Move Oneida Nation Arts Program under
Tourism or Community Development to the Active Files List with Kirby Metoxen as the
sponsor; seconded by Jennifer Webster. Motion carried unanimously.
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Next Steps:
Accept the statement of effect for the Petition: S. Benton – Move Oneida Nation Art
Program under Tourism or Community Development and forward to the Oneida Business
Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
S
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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Statement of Effect
Petition: S. Benton -Move ONAP under Tourism or Community Development
Summary
This petition requests the General Tribal Council to consider moving the Oneida Nation Arts
Program along with its budget, assets, and infrastructure from the Human Services Division to
either the Tourism or Community Development.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: January 15, 2025
Analysis by the Legislative Reference Office
On November 22, 2024, the Petition: S. Benton – Move Oneida Nation Art Program under Tourism
or Community Development (“the Petition”) was submitted to the Government Administrative
Office by Sherrole Benton and has since been verified by the Oneida Trust Enrollment Department
on November 25, 2024. On December 11, 2024, the Oneida Business Committee acknowledged
receipt of the Petition and directed the Oneida Business Committee Direct Report Offices to
complete and submit their administrative impact statements of the petition to the TribalSecretary
mailbox by January 2, 2024. On December 18, 2024, the Legislative Operating Committee added
the Petition to the Active Files List to be worked on by the Legislative Reference Office. The
Legislative Reference Office currently is working on the development of the statement of effect
for this Petition.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
Move the Oneida Nation Arts Program (ONAP) along with its budget, assets, and
infrastructure from the Human Services Division to either the Tourism or
Community Development. ONAP isn’t as social service program. By integrating
ONAP into the Community Development or Tourism Division, we can create a more
vibrant, economically robust, and attractive region for both residents and visitors.
Currently, ONAP is understaffed. By moving ONAP into a different division, there
would be better administrative support, shared resources, sand partnerships, so
ONAP could operate more efficiently and cost-effectively. ONAP has the potential
to develop professional artists, improve quality of life, boost our local tourism
economy, and establish our region as a cultural destination for tourists and in turn
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boost our tourism economy. ONAP also has the potential to spearhead the
development of an “arts district” that would feature public spaces for the arts such
as exhibition and gallery spaces, performance venues, and public art installations
like murals, sculptures, and arts related special events.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
The Petition’s directive that the Oneida Nation Arts Program’s placement within the Nation’s
organization be moved would not have any impacts on legislation of the Nation. There are no laws
of the Nation that govern how the Nation organizes its various programs. The Oneida Nation Arts
Program – Dollar for Arts Project Policies does reference the Oneida Nation Arts Program, but
only in regard to its responsibilities for the Dollars for Arts Project Awards and Fellowships, and
not in regard to its placement within the Nation’s organizational structure. [1 O.C. 128].
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the S. Benton – Move Oneida Nation Art Program under Tourism or Community
Development would not result in a legislative impact.
Requested Action
Accept the statement of effect for the Petition: S. Benton – Move Oneida Nation Art Program
under Tourism or Community Development.
Page 2 of 2
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Oneida Nation
HANDOUT
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
January 15, 2025
Oneida Nation Law Enforcement
Ordinance Amendments
Submission Date: 9/17/14
LOC Sponsor: Jonas Hill
Public Meeting: n/a
Emergency Enacted: n/a
Summary: This item was carried over from the previous three terms. The item was originally
added to the Active Files List per the request of the Oneida Police Department and the Oneida
Law Office that clarification be added to the law regarding whether the Nation’s Conservation
wardens qualify as sworn officers.
9/17/14 LOC: Motion by Jennifer Webster to add Law Enforcement Ordinance Amendments – Conservation
Officers to the Active Files List; seconded by Tehassi Hill. Motion carried unanimously. Note:
Tehassi Hill will be the sponsor for this item.
10/10/16:
Quarterly Sponsor Update Meeting held. Present: Tehassi Hill, Maureen Perkins, Tani
Thurner, Clorissa Santiago, Krystal John. No new updates.
9/6/17 LOC:
Motion by Jennifer Webster to add Law Enforcement Ordinance Amendments – Conservation
Officers to the active files list with Ernie Stevens III as the sponsor; seconded by Daniel
Guzman King. Motion carried unanimously.
11/1/17 LOC: Motion by Kirby Metoxen approve the 60-day active files list update and continue development
of all the items on the active files list; seconded by Ernie Stevens III. Motion carried
unanimously.
10/7/20 LOC: Motion by Kirby Metoxen to add the Law Enforcement Ordinance Amendments to the Active
Files List with Jennifer Webster as the sponsor; seconded by Daniel Guzman King. Motion
carried unanimously.
12/09/21:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Kristal Hill,
Rhiannon Metoxen, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen. This was a work
meeting held through Microsoft Teams. The purpose of the meeting was to have the LOC
review a first draft of amendments to the Oneida Law Enforcement Ordinance. For purposes
of efficiency, amendments to the Ordinance should be developed and adopted simultaneous
with the ONGO amendments; specifically, as they relate to the transition of the Security
Department (as set forth in ONGO) from under the Oneida Police Department to under a
Public Safety Commission, which will be created through re-establishment of the Oneida
Police Commission via amendments to this Ordinance. The next step is for the drafting
attorney to meet with the heads of the Police Department and Conservation Department to
discuss the aforementioned transition.
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12/15/21:
Work Meeting. Present: David Jordan, Marie Summers, Daniel Guzman-King, Jennifer
Webster, Kristal Hill, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen. This was a work
meeting held through Microsoft Teams. The purpose of the meeting was to discuss the meeting
scheduled for December 21, 2021 with the heads of the Oneida Police Department and
Conservation Department to discuss the transition of the Conservation Department from under
the Police Department to under a re-established Oneida Police Commission to be renamed the
Public Safety Commission.
12/21/21:
Work Meeting. Present: David Jordan, Marie Summers, Daniel Guzman-King, Joel Maxam,
Eric Boulanger, Shad Webster, Terry Metoxen, Nicole Rommel, Kristal Hill, Rhiannon
Metoxen, Kristen Hooker, Carmen Vanlanen. This was a work meeting held through
Microsoft Teams. The purpose of the meeting was to discuss amendments to the Oneida Law
Enforcement Ordinance as they relate to the oversight of the Conservation Department. The
next step is for the Police Department and Conservation Department to forward their policies/
protocols to the LRO so that it may review them in anticipation of discussing the issue in more
depth with the LOC.
1/28/22:
Work Meeting. Present: Richard VanBoxtel, Jeanette Ninham, Kristen Hooker, Carmen
Vanlanen. This was a work meeting held through Microsoft Teams. The purpose of the
meeting was to hear from members of the Oneida Police Commission in regards to the
proposal to reorganize the Commission, as well as the Conservation Department, in a manner
that better suits the Nation and its members.
6/23/22:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Summers, Clorissa N.
Santiago, Carolyn Salutz, Grace Elliott, Rhiannon Metoxen, Kristal Hill. This was a work
meeting held through Microsoft Teams. The purpose of the meeting was to clarify some
drafting questions to provide greater direction as to the drafting of potential amendments to
the Law.
7/6/22:
Work Meeting. Present: Kirby Metoxen, Marie Summers, Daniel Guzman King, Clorissa N.
Santiago, Carolyn Salutz, Grace Elliott, Kristal Hill, Eric Boulanger, Joel Maxam. Terry
Metoxen, Kelly McAndrews. This was a work meeting held through Microsoft Teams. The
purpose of the meeting was to begin discussing potential amendments to the Law.
8/3/22:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Summers, Daniel Guzman
King, Clorissa N. Santiago, Carolyn Salutz, Grace Elliott, Kristal Hill, Rhiannon Metoxen.
This was a work meeting held through Microsoft Teams. The purpose of the meeting was to
discuss an e-mail received from Attorney Kelly McAndrews providing that the Oneida Law
Office and Oneida Police Department no longer support the creation of a Public Safety
Commission that would oversee the Security Department in addition to the Police Department.
9/19/22:
Work Meeting. Present: Kirby Metoxen, Marie Summers, Daniel Guzman King, Jennifer
Webster, Clorissa N. Santiago, Carolyn Salutz, Kristal Hill, Eric Boulanger, Joel Maxam,
Richard VanBoxtel, Kelly McAndrews, Katsitsiyo Danforth. This was a work meeting held
through Microsoft Teams. The purpose of the meeting was to discuss a memorandum from
OPD, Law Office, and Security regarding some concerns with including Security within the
Law Enforcement Ordinance, as well as additional areas within the Law Enforcement
Ordinance that will need amending.
9/21/22:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Cornelius, Daniel Guzman
King, Jennifer Webster, Clorissa N. Santiago, Carolyn Salutz, Rhiannon Metoxen, Grace
Elliott. This was a work meeting held through Microsoft Teams. The purpose of the meeting
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was to follow up on the September 19, 2022, work meeting and make a final determination as
to whether to move forward with the development of the Public Safety Commission.
10/3/22:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Cornelius, Daniel Guzman
King, Jennifer Webster, Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Kristal Hill,
Katsitsiyo Danforth, Louise Cornelius. This was a work meeting held through Microsoft
Teams. The purpose of the meeting was to discuss with the Gaming General Manager, Gaming
maintaining some responsibilities over the Security Department even after it moves to under
the Public Safety Commission.
10/4/23 LOC: Motion by Jennifer Webster to add the Law Enforcement Ordinance Amendments to the Active
Files List with Jonas Hill as the sponsor; seconded by Jonas Hill. Motion carried unanimously.
3/6/24:
Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Marlon
Skenandore, Jonas Hill, Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Joel Maxam,
Brandon Vandehei, Maureen Perkins, Kristal Hill. The purpose of this work meeting was to
review the Oneida Nation Law Enforcement Ordinance and discuss potential amendments.
3/28/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore, Kirby
Metoxen, Jonas Hill, Clorissa Leeman, Kristal Hill, Grace Elliott, Carolyn Salutz. The purpose
of this work meeting was to discuss the removal of “sergeant” from section 301.5-3(d) of the
law.
4/19/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Marlon Skenandore,
Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Joel Maxam, Brandon Vandehei, Dan
Skenandore, Fawn Cottrell, Katsitsiyo Danforth, Maureen Perkins. The purpose of this work
meeting was to review the updated draft of the proposed amendments to the Oneida Nation
Law Enforcement Ordinance.
6/7/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Kirby Metoxen,
Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Brandon Vandehei, Richard VanBoxtel,
Katsitsiyo Danforth, Carolyn Salutz, Kristal Hill, Maureen Perkins. The purpose of this work
meeting was to review the updated draft of the proposed amendments to the Oneida Nation
Law Enforcement Ordinance, and specifically obtain the input of the Oneida Police
Commission.
7/26/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman,
Maureen Perkins, Richard VanBoxtel, Eric Boulanger. The purpose of this work meeting was
to review some final topics in the Oneida Law Enforcement Ordinance draft – particularly
looking at section 301.6-4 so we can have some discussion on what responsibilities the
Commission should have over the Department so it best reflects current practice.
9/4/24 LOC:
Motion by Jonas Hill to approve the draft of the proposed amendments to the Oneida Law
Enforcement Ordinance and direct that a legislative analysis be completed; seconded by Kirby
Metoxen. Motion carried unanimously.
9/4/24:
OBC Officers Meeting. Present: Jameson Wilson, Jonas Hill, Clorissa Leeman, Lisa Liggins,
Lisa Summers, Lawrence Barton, Danelle White, Tehassi Hill, Brandon Yellowbird-Stevens.
Members of the LOC were called into the OBC Officers’ meeting to discuss the progress of
the Oneida Law Enforcement Ordinance amendments and the future placement of the Internal
Security Department. Some Officers expressed concern with placing the Internal Security
Department under the future Oneida Public Safety and Security Commission and asked for
reconsideration of the idea to place the Internal Security Department under the Gaming General
A good
mind. A good heart. A strong fire.
Manager. The LOC provided they would take this into
consideration.
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9/4/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen, Marlon
Skenandore, Clorissa Leeman, Carolyn Salutz, Fawn Cottrell, Kristal Hill, Maureen Perkins,
Fawn Billie. The purpose of this work session was to consider the request made from the OBC
Officers. LOC decided to hold one more work session with the larger work group to consider
the Officers’ request for reconsideration of the placement of the Internal Security Department
under the Gaming General Manager.
10/8/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Marlon
Skenandore, Clorissa Leeman, Eric Boulanger, Joel Maxam, Kristal Hill, Maureen Perkins,
Reynold Danforth, Katsitsiyo Danforth, Mark Powless, Jeremy King, Fawn Cottrell, Michelle
Braaten. The purpose of this work meeting was to have one final discussion on the placement
of the Internal Security Department with the broader work team before the draft of the proposed
amendments to the Oneida Law Enforcement Ordinance continues moving through the
legislative process.
10/9/24:
Phone Call. Present: Clorissa Leeman, Kelly McAndrews. The purpose of this phone call was
to collect Attorney Kelly McAndrew’s insight on the placement of the Internal Security
Department, since she was unable to attend the work meeting yesterday.
10/18/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Clorissa Leeman, Grace Elliott, Kristal
Hill, Maureen Perkins, Fawn Cottrell, Fawn Billie. The purpose of this work meeting was to
discuss the placement of the Internal Security Department after the information collected
during out last work meeting.
10/24/24:
Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Clorissa Leeman, Grace
Elliott, Carolyn Salutz, Maureen Perkins, Kristal Hill, Fawn Cottrell. The purpose of this work
meeting was to discuss and make a decision as to where the Internal Security Department
should be placed within the organization, and if any changes to the proposed amendments to
the law need to be developed.
Next Steps:
Approve the updated draft and legislative analysis for the Oneida Nation Law Enforcement
Ordinance amendments.
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Title 3. Health and Public Safety – Chapter 301
Shakotiye=n@s Olihw@ke
The Matters of Those Who Protect Us
LAW ENFORCEMENT
301.1-1 Purpose and Policy
301.2-1 Adoption, Amendment, Repeal
301.3-1 Definitions
301.4-1 General Principles
301.5-1 Oneida Police Department
301.6-1 Oneida Public Safety and Security Commission
301.7-1
301.8-1
301.9-1
301.10-1
301.11-1
Appointment of Law Enforcement Officers
Promotion of Law Enforcement Officers
Disciplinary Proceedings
Administrative Leave
Firearms Control
301.1.
Purpose and Policy
301.1-1. Purpose. The purpose of this law is to regulate the conduct of the Nation’s law
enforcement personnel according to the highest professional standards.
301.1-2. Policy. It is the policy of the Nation to ensure that the law enforcement personnel
operatesoperate at the highest level of professional standards to ensure the safety and welfare of
the community.
301.2.
Adoption, Amendment, Repeal
301.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-10-01-C
and amended by resolution BC-02-25-15-C and BC-__-__-__-__.
301.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
301.2-3. Should a provision of this law or the application there of 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.
301.2-4. 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.
301.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
301.3.
Definitions
301.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Certified law enforcement officer” means a sworn officer who meets all qualifications
for law enforcement officer, including accepted professional training and experience, State
of Wisconsin Certification or eligibility for Certification which includes but is not limited
to, satisfactory background investigation, psychological evaluation, drug testing, and
police firearms certification.
(b) “Commissioner” shall mean a member of the Oneida Public Safety and Security
Commission.
(c) “Deadly force” means the intentional use of a firearm or other instrument that creates
a high probability of death or great bodily harm.
(d(c) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that
was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
authorized to administer the judicial authorities and responsibilities of the Nation by
3 O.C. 301- Page 1
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Oneida General Tribal Council resolution GTC-03-19-17.
(ed) “Nation” means the Oneida Nation.
(fe) “Non-sworn personnel” means an individual employed with the Oneida Police
Department that does not meet the qualifications for a certified law enforcement officer.
(gf) “Oneida Public Safety and Security Commission” means the entity made up of those
individuals appointed by the Oneida Business Committee to provide oversight regarding
the activities and actions of public safety and security operations throughout the
Reservation.
(hg)
“Police supervisor” means a law enforcement officer who holds the rank of
Sergeant or above.
(ih) “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.
301.4.
General Principles
301.4-1. All law enforcement operations of the Nation shall be conducted in accordance with this
law.
301.4-2. Law enforcement operations shall take place on and within the Reservation, unless:
(a) there is a potential that the safety and welfare of an individual is being compromised;
(b) the law enforcement operations occur pursuant to mutual aid agreements with local
governments; or
(c) the law enforcement operations occur pursuant to any other jurisdictional exception.
301.4-3. Law enforcement operations shall be used primarily for the purposes of providing law
enforcement within the Nation and to provide mutual assistance or aid to external law enforcement
services offered by local governments within the Oneida community by powers set forth in section
301.4 of this law, Article IV section 1(f) of the Constitution and By-Laws of the Oneida Nation,
and as set forth in compacts and agreements authorized by the Oneida Business Committee or
General Tribal Council.
301.4-4. The Nation shall appoint and employ law enforcement personnel within its boundaries
as it deems necessary for the purpose of detecting and preventing crime and enforcing the laws of
the Nation, in addition to protection of persons, property, and premises.
301.4-5. The Oneida Police Department may, as authorized and delegated by this law and the
Oneida Business Committee or General Tribal Council, enter into cross-deputization and other law
enforcement agreements with other jurisdictions.
301.5.
Oneida Police Department
301.5-1. There is hereby established an Oneida Police Department which is delegated all law
enforcement authority of the Nation. The Oneida Police Department may create divisions of
operation as may be deemed appropriate.
(a) Oneida Police Department Position Restrictions. All positions and appointments of
the Oneida Police Department shall be subject to Indian preference in hiring, except that
the following positions shall be held only by members of the Nation:
(1) Police Chief;
(2) Assistant Police Chief; and
(3) Police Lieutenant.
301.5-2. Oneida Police Chief. The Oneida Police Department shall be headed by a Police Chief,
3 O.C. 301- Page 2
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appointed pursuant to this law.
(a) The Police Chief shall have authority over departmental personnel and operations,
subject to the authority of the Oneida Public Safety and Security Commission.
(b) Qualifications and Process for Appointment as Police Chief.
(1) The recruitment and hiring process for Police Chief shall be conducted by the
Oneida Public Safety and Security Commission, with assistance, as needed, by the
Human Resources Department.
(2) No person shall be accepted as a candidate or be eligible to serve as Police
Chief who does not meet the following qualifications:
(A) Current certification in the State of Wisconsin as a law enforcement
officer or upon approval from the applicable State of Wisconsin Standards
Board;
(B) Member of the Nation;
(C) A minimum of five (5) years creditable service as a sworn law
enforcement officer for a state. tribal, local, or federal government, with
preference for:
(i) those who have at least an associate degree in police science,
criminal justice or similar field, or a bachelor’s degree in a related
subject; and
(ii) those with successful supervisory experience;
(D) Current satisfactory background investigation completed by a law
enforcement agency selected by the Oneida Public Safety and Security
Commission with results of the investigation reported directly to the Oneida
Public Safety and Security Commission;
(E) Current satisfactory psychological examination report;
(F) Current satisfactory medical examination report;
(G) Current drug test with negative results for controlled substances; and
(H) Any other minimum requirement as provided for in the job description.
(3) Examinations, interviews, further selection criteria and other processes utilized
in the hiring process of a Police Chief shall be at the discretion of the Oneida Public
Safety and Security Commission,
(4) Upon accepting notification of retirement, resignation, or the removal of a
current Police Chief, the Oneida Public Safety and Security Commission shall
appoint an interim or acting Police Chief who shall serve in said capacity until the
process for appointment of a new Police Chief can be completed.
301.5-3. Law Enforcement Officers.
(a) Educational Requirements. All persons shall meet the following minimum education
requirements within five (5) years of their hire date:
(1) Possess a two (2) year associate degree from an accredited vocational,
technical, or adult education district; or
(2) Possess documentation in the form of an official transcript showing a minimum
of sixty (60) fully accredited college level credits; or
(3) Possess a bachelors degree from accredited college or university.
(b) Conditional Employment. Any person who is not a certified law enforcement officer
at the time of hire, is considered a conditional employee and shall attain the educational
requirements as specified in section 301.5-3(a), within five (5) years of their date of hire.
3 O.C. 301- Page 3
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(1) Conditional employees are not eligible for promotion.
(2) Law enforcement officers who fail to attain the educational requirements within
five (5) years of their date of hire shall be subject to immediate termination.
(c) Educational Requirement for Police Supervisors. Upon enactment of this law, no law
enforcement officer may be considered eligible for promotion to supervisor until the
educational requirements of section 301.5-3(a) have been satisfied. Law enforcement
officers promoted prior to the enactment of this law are exempt from the educational
requirements specified in section 301.5-3(a).
301.5-4. Liability Coverage. To the extent the Federal Tort Claims Act coverage does not apply,
the Nation shall provide professional liability insurance for all law enforcement officers.
301.5-5. Declaration of Additional Restrictions of Employees. All personnel of the Oneida
Police Department shall be bound by standard operating procedures that are required as a result of
the specific and unique needs of law enforcement.
301.5-6. Law Enforcement Officers to Be Sworn. All law enforcement officers shall be installed
by sworn oath before the Oneida Business Committee during a regular or special Oneida Business
Committee meeting, or at an alternative time and location as determined by the Oneida Business
Committee Secretary.
(a) When taking an oath, the law enforcement officer shall appear in person to take their
oath, except if granted permission by the Oneida Business Committee Secretary to appear
through video conferencing, or through other telecommunications.
(b) If an oath is administered outside of an Oneida Business Committee meeting, a quorum
of Oneida Business Committee members shall be present to witness the oath.
301.6. Oneida Public Safety and Security Commission
301.6-1. Establishment. There is hereby established an Oneida Public Safety and Security
Commission to provide oversight regarding the activities and actions of public safety and security
operations throughout the Reservation to provide the greatest possible professional services to the
Nation and to allow for community input regarding those public safety and security services
through its representatives on the Oneida Public Safety and Security Commission. The Oneida
Public Safety and Security Commission is an oversight body of the following departments of the
Nation, but its oversight authority does not involve decision making processes on day-to-day
activities of those public safety services:
(a) Oneida Police Department;
(b) Internal Security Department; and
(c) Any other safety operation department of the Nation as identified in the bylaws of the
Oneida Public Safety and Security Commission.
301.6-2. Appointment of Commissioners. The Oneida Business Committee shall appoint five
(5) members to the Oneida Public Safety and Security Commission for a term of five (5) years.
Commissioners may serve more than one (1) term, but not more than three (3) consecutive terms.
301.6-3. Commissioner Eligibility Qualifications. In order to be eligible for membership on the
Oneida Public Safety and Security Commission an individual shall:
(a) Be a member of the Nation;
(b) Be twenty-five (25) years of age or older;
(c) Have a background investigation result in none of the following:
(1) A felony conviction in the State of Wisconsin, or any conviction of a crime in
another state that would be considered a felony conviction if the offense and
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adjudication occurred in the State of Wisconsin;
(2) A felony arrest which results in a misdemeanor conviction due to a plea
arrangement;
(3) A conviction of any law violation that could bring discredit to the Oneida Public
Safety and Security Commission; or
(4) Any pardon issued by the Nation or the governor of any State, for an offense
specified in sections 301.6-4(c)(1)-(3), shall not deem a person as “exonerated” for
the purposes of membership on the Oneida Public Safety and Security Commission;
(d) Not be employed with or terminated from the Oneida Police Department, Internal
Security Department, or any other public safety operation overseen by the Oneida Public
Safety and Security Commission;
301.6-4. Responsibilities in Regard to the Oneida Police Department. The Oneida Public Safety
and Security Commission shall be responsible for and empowered to do the following in regard to
the Oneida Police Department:
(a) Appoint, suspend, or remove the Police Chief of the Oneida Police Department.
(b) Approve all law enforcement officer appointments made by the Police Chief including
the promotion of subordinates.
(c) Approve an eligibility list of individuals determined to be eligible for appointment as a
law enforcement officer or promotion.
(d) Hear charges filed against law enforcement officers or other appointed personnel of the
Police Department, whether filed by the Oneida Public Safety and Security Commission
or the Police Chief, make findings and determinations, and impose penalties, up to and
including termination.
(e) Hear appeals of disciplinary actions against any sworn law enforcement
personnelofficers.
(1) The Oneida Public Safety and Security Commission shall not have authority
over disciplinary actions of non-sworn personnel.
(f) Adopt standard operating procedures governing the Oneida Public Safety and Security
Commission’s management of its own activities.
301.6-5. Responsibilities in Regard to the Internal Security and Other Departments. The
responsibilities of the Oneida Public Safety and Security Commission in regard to the Internal
Security Department or any other safety operation department of the Nation shall be provided for
in the Oneida Public Safety and Security Commission bylaws.
301.6-6. Removal From Office. A member of the Oneida Public Safety and Security Commission
may have their appointment terminated by the Oneida Business Committee for:
(a) Misconduct in office;
(b) Conduct which could jeopardize the reputation of the Nation, the Oneida Public Safety
and Security Commission, or the public safety system;
(c) Any change in status which would place the Commissioner in conflict with the
qualifications specified in section 301.6-3(c) above; or
(d) Violation of the confidentially of closed hearings or any other information declared
confidential by the Oneida Public Safety and Security Commission.
301.7. Appointment of Law Enforcement Officers
301.7-1. Job Task Analysis. The Police Chief shall develop a job task analysis (job description)
for law enforcement officers and submit the job task analysis to the Oneida Public Safety and
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Security Commission for approval.
301.7-2. Hiring Criteria. Hiring criteria for law enforcement officers, shall be developed by the
Oneida Public Safety and Security Commission and implemented by the Police Chief. The hiring
criteria shall include, but not be limited to, the following:
(a) educational requirements;
(b) satisfactory background investigation;
(c) psychological examination; and
(d) medical certification.
301.7-3. Hiring Process Outline. A hiring process outline shall be developed by the Oneida Public
Safety and Security Commission and implemented by the Police Chief. The hiring process outline
shall detail specific steps involved in the hiring process for law enforcement officers, and steps in
the process involving scoring, rank scoring, or grading shall be specified, as well as passing grades
or scores. The hiring process outline shall include all pertinent steps involved in the hiring process
including, but not limited to, the following:
(a) application process;
(b) application screening;
(c) written test procedures;
(d) oral interviews;
(e) physical agility testing;
(f) background investigation;
(g) conditional offer of employment; and
(h) psychological and medical testing.
301.7-4. Approval of Additional Law Enforcement Personnel.
(a) The Police Chief shall make a request for the hiring of additional law enforcement
personnel through the Human Resources Department processes.
(b) Upon receiving approval, the Police Chief shall make a formal request to the Human
Resources Department for posting the position(s) available. The current job task analysis,
hiring criteria. and hiring process outline shall be submitted to the Human Resources
Department by the Police Chief.
301.7-5. Process. All phases of the hiring process shall be conducted in accordance with the
hiring process outline. Duties and responsibilities of persons involved in the process shall be
specified in the outline.
301.7-6. Eligibility List.
(a) Upon completion of all screening steps of the hiring process outline, a list shall be
compiled of all candidates based on cumulative scores earned by each applicant in all
graded or scored steps of the current hiring process.
(b) Candidates shall be ranked in inverse numerical order, that is the candidate with the
highest cumulative score is ranked “1”, the candidate with the second highest cumulative
score is ranked “2”, etc.
(c) The list shall be reviewed and approved by the Oneida Public Safety and Security
Commission and submitted to the Police Chief.
(d) The eligibility list will be valid for one (1) year from the date it was compiled.
(e) The order of appointment of applicants to the position of law enforcement officers
shall follow the order of the eligibility list contingent upon satisfactory background
investigation, psychological testing, and medical testing.
301.7-7. Commencement of Background Investigation.
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(a) Upon receiving the approved eligibility list, the Police Chief shall direct a subordinate
to commence a background investigation upon candidates based on their numerical ranking
on the eligibility list, starting with the top candidate.
(b) Results of the background investigation shall be forwarded to the Police Chief and the
Oneida Public Safety and Security Commission.
(c) A candidate may be deemed as having an unsatisfactory background investigation
report by either the Police Chief or the Oneida Public Safety and Security Commission.
Such determinations by the Police Chief of the Oneida Public Safety and Security
Commission shall be made in writing.
301.7-8. Conditional Offer of Employment. Provided a candidate has satisfactory results in a
background investigation, an offer of employment shall be sent to the candidate. The offer shall
specify the candidate’s appointment to the position of law enforcement officer contingent upon
satisfactory psychological and medical testing.
301.7-9. Appointment. Provided a candidate has passed psychological and medical testing, a
formal offer of employment shall be extended to the candidate by the Police Chief. In the event
the candidate lacks the minimum educational requirements as specified in Section 301.5-3(a), the
contingency of employment shall be specified in the offer.
301.8. Promotion of Law Enforcement Officers
301.8-1. Criteria for Promotion. The Oneida Public Safety and Security Commission and the
Police Chief shall establish specific criteria for the promotion of law enforcement officers. The
criteria shall be placed on the notice or position posting for the promotion.
301.8-2. Process. The process for promotion shall be developed by the Police Chief and approved
by the Oneida Public Safety and Security Commission. The specifics of the process shall be placed
on the notice or position posting for said promotion.
301.8-3. Psychological Testing Required. All candidates for promotion shall undergo
psychological testing and have a satisfactory report prior to promotion. The results of such test
shall be made available to the Police Chief and the Oneida Public Safety and Security Commission
chairperson.
301.8-4. Promotion. Upon completion of all steps in the promotion process, a law enforcement
officer may be promoted upon review and recommendation of Oneida Public Safety and Security
Commission to the Police Chief.
301.9 Disciplinary Proceedings for Law Enforcement Officers
301.9-1. Discipline of Law Enforcement Officers. The Oneida Public Safety and Security
Commission shall have authority discipline a law enforcement officer, in the form of suspension,
demotion, or termination, for just causeDisciplinary actions for law enforcement officers shall be
governed by this provision of the Law. Disciplinary actions of non-sworn personnel of the Oneida
Police Department shall be governed by the Nation’s laws, policies, and rules governing
employment.
301.9-2. Just Cause Standard. Just cause is determined using the following standards, to the
extent possible:
(a) Whether the law enforcement officer could reasonably be expected to have had
knowledge of the probable consequences of the alleged misconduct.
(b) Whether the procedure the law enforcement officer allegedly violated is reasonable.
(c) Whether the Police Chief, before filing charges against the law enforcement officer,
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made a reasonable effort to discover whether the law enforcement officer did, in fact,
violate a procedure.
(d) Whether the investigation was fair and objective.
(e) Whether the Police Chief discovered substantial evidence that the law enforcement
officer violated the procedure as described in the charges filed against the law enforcement
officer.
(f) Whether the Police Chief is applying the rule or order fairly and without discrimination
against the law enforcement officer.
(g) Whether the proposed discipline is reasonable as it relates to the seriousness of the
alleged violation and to the law enforcement officer’s record of service with the Oneida
Police Department.
301.9-3. Discipline of Employees by the Chief of Police. The Chief of Police may reprimand or
suspend an employeea law enforcement officer for just cause without prior approval of the Oneida
Public Safety and Security Commission. The Chief of Police shall report this action to the
chairperson of the Oneida Public Safety and Security Commission immediately in writing and
explain the cause(s) of the action. A law enforcement officer shall not be entitled to a hearing on
the suspension unless the subordinate requests that the Police Chief file charges, which then
triggers the hearing process.
(a) For any reductions in rank or terminations of a law enforcement officer, the Police
Chief shall first file charges with the Oneida Public Safety and Security Commission.
301.9-4. Discipline of the Chief of Police. The Oneida Public Safety and Security Commission
has the sole authority to suspend or terminate the Chief of Police, for cause, upon its own initiative.
It may suspend the Chief of Police pending the investigation of written charges received.
301.9-5. Right to Request Hearing. If a law enforcement officer against whom a disciplinary action
of suspension, demotion, or termination has been taken requests a hearing on the matter, the Oneida
Public Safety and Security Commission shall proceed with such a hearing. Charges shall then be
filed with the Oneida Public Safety and Security Commission by the party initially taking the
disciplinary action.
301.9-6. Filing of Charges.
(a) Standing to File Charges. Charges may be filed with the Oneida Public Safety and
Security Commission by:
(1) the Chief of Police;
(2) a member of the Oneida Public Safety and Security Commission;
(3) the Oneida Public Safety and Security Commission as a body; or
(4) any aggrieved party.
(b) Content of Charges. The charges shall be in writing and shall be signed by the charging
party. The sources of all information contained in the charges shall be stated in the charges
or in accompanying documents. Information regarding the names and addresses of
witnesses having relevant knowledge relating to the charges may be embodied in a separate
statement accompanying the charges. The charges shall identify the person who is charged
and specify, if possible, the date(s) and place(s) of the alleged offense(s).
(c) Filing of Charges. The charges shall be filed with the chairperson of the Oneida Public
Safety and Security Commission. Pending disposition of such charges, the Oneida Public
Safety and Security Commission or Police Chief may suspend the employee.
(d) Service of Charges. Following service upon the Oneida Public Safety and Security
Commission chairperson, a copy of the charge shall be served upon the person charged. A
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copy of the charge shall be issued to the person charged within five (5) business days after
charges are sent to the Commission.
301.9-7. Procedure for Responding to Charges.
(a) Participation of the Commission. If the Oneida Public Safety and Security Commission
as a body files charges, it shall retain special counsel to prosecute such charges on the
Commission's behalf and the Oneida Public Safety and Security Commission shall refrain
from any active involvement in the prosecution of such charges.
If any member of the Oneida Public Safety and Security Commission files and actively
prosecutes such charges, such member shall not participate in deliberating the charges or
determining whether they are sustained.
(b) Docket List. All charges filed with the Oneida Public Safety and Security Commission
shall be recorded on a docket list and assigned a number in sequence of filing with the date
of filing added in parentheses.
(c) Preliminary Investigation. Upon the filing of charges, the Oneida Public Safety and
Security Commission may have a preliminary investigation conducted to determine if it
has jurisdiction in the matter. If the Oneida Public Safety and Security Commission judges
that it does not have jurisdiction over the charges, it may dismiss the charges. In the event
of such dismissal, the Oneida Public Safety and Security Commission shall notify the
complainant in writing of its action.
(d) Scheduling of Hearing. Following the filing of charges or a request for a hearing, a
copy of the charges shall be served upon the person charged. The Oneida Public Safety and
Security Commission shall set a date for a hearing not less than ten (10) days or more than
thirty (30) days following receipt of the charges. This timeframe may be waived if mutually
agreed.
301.9-8. Scheduling a Conference.
(a) Scheduling Conference. A scheduling conference between the parties and/or their legal
counsel is appropriate to establish the procedural timeline leading up to, and the process
for, the evidentiary hearing.
(b) Purpose of the Scheduling Conference. The following matters shall be accomplished
at the scheduling conference, and the resolution of these issues shall be memorialized in a
scheduling order distributed to the parties:
(1) Establishing the date(s) of the evidentiary hearing;
(2) Setting up deadlines to exchange witness lists and any prior written or recorded
statements or reports of witnesses;
(3) Setting up deadlines to identify and exchange exhibits;
(4) Setting up any discovery deadline. Prehearing discovery is permitted.
(5) Establishing the process and deadlines to request the Oneida Public Safety and
Security Commission to issue subpoenas. The Oneida Public Safety and Security
Commission chairperson has the power to issue subpoenas to compel the attendance
of witnesses;
(6) Arranging for the recording of the testimony. The hearing shall be transcribed
by a court reporter or otherwise recorded to preserve the evidence in case of an
appeal to the Trial Court; and
(7) Determining if there are any objections to any Oneida Public Safety and
Security Commission member participating in the hearing, deliberations, or
decision and the basis for such objections.
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301.9-9. Evidentiary Hearing.
(a) Hearing Procedures.
(1) The evidentiary hearing shall be conducted in open session.
(2) Following the evidentiary hearing, the deliberations of the Oneida Public Safety
and Security Commission may be conducted in closed session at the discretion of
the Commission.
(3) The Commission’s vote following deliberations may take place in closed
session, unless the charged party demands that the vote take place in open session.
(4) A record of the proceedings shall be created by the Commission. Exhibits
introduced shall be marked with a docket number and exhibit number in sequence
of introduction.
(5) Either or both of the parties may be represented by counsel and may compel
the attendance of the witnesses by subpoenas, which shall be issued by the
chairperson of the Commission.
(6) All testimony of witnesses at hearings shall be given under oath, administered
by a member of the Commission.
(b) Order of Proceedings. At the hearing, the order of proceedings shall be as follows:
(1) Reading of the charges by the president.
(2) Opening statement by the parties, if any;
(3) Testimony and introduction of evidence by the charging party to substantiate
the charges, with cross-examination by the accused;
(4) Testimony and introduction of evidence by the accused with cross-examination
by the charging party; and
(5) Closing arguments.
301.9-10. Deliberations, Findings, Conclusions, Orders from Hearing.
(a) Finding of Fact.
(1) At the conclusion of the hearing, the Oneida Public Safety and Security
Commission shall prepare written findings of fact based upon the testimony and
evidence presented and shall prepare conclusions which are based on the findings
and an order consistent with such findings and conclusions within three (3) days
after the conclusion of the hearing and file it with the Oneida Public Safety and
Security Commission Secretary.
(2) For purposes of deliberation after the hearing, the Oneida Public Safety and
Security Commission shall adjourn into closed session. During the deliberation
only Oneida Public Safety and Security Commission members and the
commission’s attorney shall be present.
(b) Just Cause Standard. In determining whether there is just cause for discipline, the
Oneida Public Safety and Security Commission shall apply the standards set forth in
section 301.9-2.
(c) Charges Rescinded. If the Oneida Public Safety and Security Commission determines
that the charges are not sustained, the charged party shall immediately have all related
disciplinary action taken to date rescinded and all lost pay or other benefits, if any, restored.
(d) Charges Sustained. If the Oneida Public Safety and Security Commission determines
that the charges are sustained, the charged party, by order of the Commission, may impose
any of the following penalties, but is not limited to the penalties listed herein:
(1) Verbal consultation;
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(2) Written reprimand;
(3) Suspension without pay;
(4) Demotion in rank; or
(5) Termination of employment.
(e) Announcement of Decision. The Oneida Public Safety and Security Commission shall
announce its decision in open session.
(f) Appeal of Decision. Any law enforcement officer suspended, demoted, reassigned, or
removed by the Oneida Public Safety and Security Commission may appeal from the order
of the Oneida Public Safety and Security Commission to the Judiciary.
301.10. Administrative Leave of Law Enforcement Officers
301.10-1. General. Administrative leave is an action commenced by the Police Chief affecting
the status of a law enforcement officer. A law enforcement officer is temporarily relieved of all
law enforcement powers while on administrative leave. The law enforcement officer continues to
receive salary and is responsible to report to the Police Chief or perform other duties as assigned.
Administrative leave does not denote wrong-doing on the part of the law enforcement officer.
301.10-2. Applicability. Administrative leave may only be ordered in the following
circumstances:
(a) The law enforcement officer poses a threat to themselves or others.
(b) The law enforcement officer is alleged to have committed a violation(s) which calls
for termination of their employment as a law enforcement officer and the matter is under
investigation.
(c) The law enforcement officer is alleged to have committed a violation(s) that is under
investigation and that would cause a loss of public trust in the Oneida Police Department.
(d) The law enforcement officer is under investigation for alcohol or drug abuse.
(e) The law enforcement officer is under investigation for insubordination, untruthfulness,
or commission of a crime.
(f) The law enforcement officer demonstrates behavior indicating the law enforcement
officer is unfit for duty.
301.10-3. Duration of Administrative Leave.
(a) In cases where the law enforcement officer is under formal investigation, the law
enforcement officer shall remain on administrative leave until the investigation is
completed.
(1) If the investigation results in allegations being sustained, the law enforcement
officer shall remain on administrative leave pending issuance of discipline.
(2) If the investigation results in a finding that the charges were unfounded or not
sustained, the law enforcement officer shall be immediately returned to active duty
status.
(b) In cases where the law enforcement officer is placed on administrative leave for other
matters not involving formal investigation, the law enforcement officer shall be returned
to active duty status upon order of the Police Chief. The period of administrative leave in
incidents not involving investigation shall not exceed thirty (30) calendar days.
301.11. Firearms Control.
301.11-1. The Oneida Police Department may allow law enforcement use of service firearms in
order to protect life, liberty, property, land, and premises, according to the usual and current
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accepted law enforcement standards.
301.11-2. The Nation hereby establishes regulations for the carrying of firearms issued to certified
law enforcement officers employed by the Nation.
(a) The needs and requirements for carrying firearms shall be established and determined
by the Police Chief subject to the review of the Oneida Public Safety and Security
Commission.
(b) Said requirements shall reflect the needs of the Nation in order to protect all persons
and property.
End.
Adopted - BC -10-10-01-C
Revisor Correction 2004
Amended – BC-02-25-15-C
Amended – BC-__-__-__-__
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Title 3. Health and Public Safety – Chapter 301
ONEIDA NATION LAW ENFORCEMENT ORDINANCE
Shakotiye=n@s Olihw@ke
The Matters of Those Who Protect Us
LAW ENFORCEMENT
301.1-1 Purpose and Policy
301.2-1 Adoption, Amendment, Repeal
301.3-1 Definitions
301.4-1 General Principles
301.5-1 Oneida Police Department
301.6-1 Oneida PolicePublic Safety and Security Commission
301.7-1
301.8-1
301.9-1
301.10-1
301.11-1
Appointment of Law Enforcement Officers
Promotion of Law Enforcement Officers
Disciplinary Proceedings
Administrative Leave
Firearms Control
301.1.
Purpose and Policy
301.1-1. Purpose.
The purpose of this ordinancelaw is to regulate the conduct of the Oneida
Tribe of Indians of WisconsinNation’s law enforcement personnel according to the highest
professional standards.
301.1-2. Policy. It is the policy of the Nation to ensure that law enforcement personnel operate at
the highest level of professional standards to ensure the safety and welfare of the community.
301.2.
Adoption, Amendment, Repeal
301.2-1.
This law iswas adopted by the Oneida Business Committee by resolution BC
Resolution -10-10-01-C and amended by resolution BC-02-25-15-C. and BC-__-__-__-__.
301.2-2.
This law may be amended pursuant to the procedures set out in the Oneida
Administrative Procedures Actor repealed by the Oneida Business Committee or the Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
301.2-3.
Should a provision of this law or the application there of 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.
301.2-4. All other Oneida laws, policies, regulations, rules, resolutions, motions and all other
similar actions which are inconsistent with this policy are hereby repealed unless specifically reenacted after adoption of this policy.
301.2-4. 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.
301.2-5.
This ordinance shall be known aslaw is adopted under authority of the Constitution of
the Oneida Law Enforcement OrdinanceNation.
301.3.
Definitions
301.3-1.
This section shall govern the definitions of words -asand phrases -as used -herein.within
this law. All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Certified Law Enforcement Officer shall meanlaw enforcement officer” means a
sworn officer who meets all qualifications for law enforcement officer, including accepted
professional training and experience, State of Wisconsin Certification or eligibility for
Certification which includes but is not limited to, satisfactory background investigation,
psychological evaluation, drug testing, and police firearms certification.
(b) Police Supervisors are defined as “Commissioner” shall mean a member of the Oneida
Public Safety and Security Commission.
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(c) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17.
(d) “Nation” means the Oneida Nation.
(e) “Non-sworn personnel” means an individual employed with the Oneida Police
Department that does not meet the qualifications for a certified law enforcement officers
who hold the rank of Sergeant or aboveofficer.
(c) Non-sworn Personnel shall mean those persons who perform duties for the f)
“Oneida Police Department as directed by the Police Chief or designee.
(d) Oneida PolicePublic Safety and Security Commission shall refer to” means the entity
made up of those individuals appointed by the Oneida Business Committee to serve in the
capacity of insuring that community input is maintainedprovide oversight regarding the
activities and actions of public safety and security operations throughout the Reservation.
(g) “Police supervisor” means a law enforcement officer who holds the rank of Sergeant
or above.
(h) “Reservation” means all land within the Oneida Police Department by means of policy
review and enforcementexterior 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.
(e) Commissioner shall mean a member of the Oneida Police Commission.
(f) Oneida Tribe means the Oneida Tribe of Indians of Wisconsin.
(g) 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 Tribe.
301.4.
General Principles.
301.4-1.
All law enforcement operations of the Nation shall be conducted in accordance with
this law.
301.4-2. Law enforcement operations shall take place on and within Oneidathe Reservation,
unless:
(a) there is a potential that the safety and welfare of an individual is being compromised.
In addition,;
(b) the law enforcement operations may take placeoccur pursuant to mutual aid agreements
with local governments.; or
(c) the301.4-2.
All law enforcement operations shall be conducted as set forth in
this ordinanceoccur pursuant to any other jurisdictional exception.
301.4-3.
Law enforcement operations shall be used primarily for the purposes of providing law
enforcement within the Oneida CommunityNation and to supplementprovide mutual assistance or
aid to external law enforcement services offered by local governments within the Oneida
Communitycommunity by powers set forth in section 301.4, of this law, Article IV section 1(f) of
the Constitution and By-Laws of the Oneida Tribe of Indians of WisconsinNation, and as set forth
in compacts and agreements authorized by the Oneida Business Committee or General Tribal
Council.
301.4-4. The Oneida Tribe of Indians of Wisconsin The Nation shall appoint and employ law
enforcement personnel within its boundaries as it deems necessary for the purpose of detecting
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and preventing crime and enforcing the laws and ordinances of the Oneida TribeNation, in addition
to protection of persons, property, and premises.
301.4-5.
The Oneida Police Department may, as authorized and delegated by this
Ordinancelaw and the Oneida Business Committee or General Tribal Council, enter into crossdeputization and other law enforcement agreements with other jurisdictions.
301.4-6. The Oneida Police Department may allow law enforcement use of service firearms in
order to protect life, liberty, property, land and premises, according to the usual and minimum
accepted law enforcement standards as determined by the Police Chief with approval of the Oneida
Police Commission. However, actual use of deadly force shall be allowed solely for the protection
of life or the prevention of grievous bodily harm.
301.4-7. A Police Commission is established by this Ordinance to provide oversight regarding
the activities and actions of the law enforcement operations to provide the greatest possible
professional services to the Oneida community and to allow for community input regarding those
law enforcement services through its representatives on the Police Commission. This entity is
created as an oversight body and does not involve decision making processes on day to day
activities of those law enforcement services.
301.5.
Oneida Police Department
301.5-1.
There is hereby established an Oneida Police Department, to which is delegated all
law enforcement authority of the Oneida TribeNation. The Oneida Police Department may create
divisions of operation as may be deemed appropriate.
(a) Oneida Police Department Position Restrictions. All positions and appointments of
the Oneida Police Department shall be subject to Indian preference in hiring, except that
the following positions shall be held only by members of the Nation:
(1) Police Chief. The ;
(2) Assistant Police Chief; and
(3) Police Lieutenant.
301.5-2. Oneida Police Chief. The Oneida Police Department shall be headed by a Police Chief,
appointed pursuant to Section 6-5 of this Ordinancelaw.
(ba) The Police Chief shall have authority over departmental personnel and operations,
subject to the powers of the Oneida Police Commission set forth in Section 301.6-1 of this
Ordinance.
(c) In addition to such divisions as are specified in this Ordinance the Oneida Police
Department may create divisions of operation as may be deemed appropriate.
(d) The Police Chief or his/her designee shall have the right to exercise his/her police
authority to deputize and use the services and manpower of the Oneida Public Safety and
Security Department for emergencies, special events, and investigationsCommission.
301.5-2.
Conservation Department. There(b) Qualifications and Process for
Appointment as Police Chief.
(1) The recruitment and hiring process for Police Chief shall be a Conservation
Department which is a division of conducted by the Oneida Police Department.
This divisionPublic Safety and Security Commission, with assistance, as needed,
by the Human Resources Department.
(2) No person shall be responsible for the protectionaccepted as a candidate or be
eligible to serve as Police Chief who does not meet the following qualifications:
(A) Current certification in the State of Wisconsin as a law enforcement
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officer or upon approval from the applicable State of all fish resources,
wildlife resources, and the landsWisconsin Standards Board;
(B) Member of the Nation;
(C) A minimum of five (5) years creditable service as a sworn law
enforcement officer for a state. tribal, local, or federal government, with
preference for:
(i) those who have at least an associate degree in police science,
criminal justice or similar field, or a bachelor’s degree in a related
subject; and
(ii) those with successful supervisory experience;
(D) Current satisfactory background investigation completed by a law
enforcement agency selected by the Oneida TribePublic Safety and Security
Commission with results of the investigation reported directly to the Oneida
Public Safety and Security Commission;
(E) Current satisfactory psychological examination report;
(F) Current satisfactory medical examination report;
(G) Current drug test with negative results for controlled substances; and
(H) Any other minimum requirement as provided for in the job description.
(3) Examinations, interviews, further selection criteria and other processes utilized
in the hiring process of a Police Chief shall be at the discretion of the Oneida Public
Safety and Security Commission,
(4) Upon accepting notification of retirement, resignation, or the removal of a
current Police Chief, the Oneida Public Safety and Security Commission shall
appoint an interim or acting Police Chief who shall serve in said capacity until the
process for appointment of a new Police Chief can be completed.
301.5-3.
Law Enforcement Officers.
(a) Law Enforcement Officer: Educational Requirements. All persons hired after February
1, 1993, shall meet the following minimum education requirements within five (5) years
of thetheir hire date, which are as follows:
(1) Possess a two (2) year associate degree from a Wisconsin an accredited
vocational, technical, andor adult education district or its accredited equivalent
from another state,; or
(2) Possess documentation in the form of an official transcript showing a minimum
of sixty (60) fully accredited college level credits. Documentation will be required
in the form of an official transcript; or
(3) Possess a bachelors degree from a Wisconsinaccredited college or university
or its accredited equivalent.
(b) Conditional Employment. Persons hired after February 1, 1993,Any person who areis
not a certified law enforcement officersofficer at the time of hire, areis considered a
conditional employeesemployee and mustshall attain the educational requirements as
specified in section 301.5-3(a), within five (5) years of their date of hire.
(1) Conditional employees are not eligible for promotion.
(2) Law enforcement officers who fail to meetattain the specifiededucational
requirements in section B,within five (5) years of their date of hire shall be subject
to immediate termination.
(c) Educational Requirement: for Police Supervisors. Upon enactment of this
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ordinancelaw, no law enforcement officer may be considered eligible for promotion to
supervisor until the educational requirements of section 301.5-3(a) have been satisfied.
Law enforcement officers promoted prior to the enactment of this ordinancelaw are exempt
from the educational requirements specified in section 301.5-3(a).
(d) Oneida Police Department Position Restrictions/Exceptions. The following positions
shall be held only by members of the Oneida Tribe: Police Chief, Assistant Chief, Police
Lieutenant or Sergeant, Conservation Director, and Assistant Conservation Director. All
other positions and appointments shall be subject to the Indian Preference rules of the
Oneida Tribe.
301.5-4.
Liability Coverage. The Oneida TribeTo the extent the Federal Tort Claims Act
coverage does not apply, the Nation shall provide professional liability insurance for all law
enforcement officers and Conservation Officers.
301.5-5. Declaration of Additional Restrictions of Employees. All personnel of the Oneida
Police Department shall be bound by Standard Operating Proceduresstandard operating procedures
that are required as a result of the specific and unique needs of law enforcement.
301.5-6. Law Enforcement Officers to Be Sworn. All law enforcement officers shall be installed
by sworn oath before the Oneida Business Committee at a regular meetingduring a regular or
special Oneida Business Committee meeting, or at an alternative time and location as determined
by the Oneida Business Committee Secretary.
(a) When taking an oath, the law enforcement officer shall appear in person to take their
oath, except if granted permission by the Oneida Business Committee Secretary to appear
through video conferencing, or through other telecommunications.
(b) If an oath is administered outside of an Oneida Business Committee meeting, a quorum
of Oneida Business Committee members shall be present to witness the oath.
301.6.
Oneida PolicePublic Safety and Security Commission
301.6-1. Oneida Police Commission. Establishment. There is hereby established an Oneida
Police Public Safety and Security Commission to provide oversight regarding the activities and
actions of public safety and security operations throughout the Reservation to provide the greatest
possible professional services to the Nation and to allow for community input regarding those
public safety and security services through its representatives on the Oneida Public Safety and
Security Commission. The Oneida Public Safety and Security Commission is an oversight body
of the following departments of the Nation, but its oversight authority does not involve decision
making processes on day-to-day activities of those public safety services:
(a) Oneida Police Department;
(b) Internal Security Department; and
(c) Any other safety operation department of the Nation as identified in the bylaws of the
Oneida Public Safety and Security Commission.
301.6-2. Appointment of Commissioners. The Oneida Business Committee shall appoint five
(5) members to the Oneida Public Safety and Security Commission for a term of five (5) years.
Commissioners may serve more than one (1) term, but not more than three (3) consecutive terms.
301.6-3. Commissioner Eligibility Qualifications. In order to be eligible for membership on the
Oneida Public Safety and Security Commission an individual shall:
(a) Be a member of the Nation;
(b) Be twenty-five (25) years of age or older;
(c) Have a background investigation result in none of the following:
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(1) A felony conviction in the State of Wisconsin, or any conviction of a crime in
another state that would be considered a felony conviction if the offense and
adjudication occurred in the State of Wisconsin;
(2) A felony arrest which results in a misdemeanor conviction due to a plea
arrangement;
(3) A conviction of any law violation that could bring discredit to the Oneida Public
Safety and Security Commission; or
(4) Any pardon issued by the Nation or the governor of any State, for an offense
specified in sections 301.6-4(c)(1)-(3), shall not deem a person as “exonerated” for
the purposes of membership on the Oneida Public Safety and Security Commission;
(d) Not be employed with or terminated from the Oneida Police Department, Internal
Security Department, or any other public safety operation overseen by the Oneida Public
Safety and Security Commission;
301.6-4. Responsibilities in Regard to the Oneida Police Department. The Oneida Public Safety
and Security Commission shall be responsible for and empowered to do the following in regard to
the Oneida Police Department:
(a) Appoint, suspend, or remove the Police Chief of the Oneida Police Department.
(b) Approve all law enforcement officer appointments made by the Police Chief including
the promotion of subordinates.
(c) Adopt, modify, and repeal rules governing how lists of individuals, concluded to be
eligible for appointment to law enforcement officer and promotion, are established.
(d) Approve competitive examinations used to judge suitability for appointment or
promotion of law enforcement officers.
(e(c) Approve an eligibility list of individuals determined to be eligible for appointment
as a law enforcement officer or promotion.
(f) Suspend law enforcement officers or other appointed personnel of the Police
Department pending the filing and hearing of charges against them, subject to the
provisions of 301.10.
(g) Initiate charges against law enforcement officers or other appointed personnel of the
Police Department.
(hd) Hear charges filed against law enforcement officers or other appointed personnel
of the Police Department, whether filed by the Oneida Public Safety and Security
Commission or the Police Chief, make findings and determinations, and impose penalties,
up to and including termination.
(ie) Hear appeals of disciplinary actions against any sworn law enforcement personnel or
officers.
(1) The Oneida Public Safety and Security Commission shall not have authority
over disciplinary actions of non-sworn personnel.
(jf) Adopt rulesstandard operating procedures governing the Oneida PolicePublic Safety
and Security Commission’s management of its own activities.
301.6-5. Responsibilities in Regard to the Internal Security and Other Departments. The
responsibilities of the Oneida Public Safety and Security Commission in regard to the Internal
Security Department or any other safety operation department of the Nation shall be provided for
in the Oneida Public Safety and Security Commission bylaws.
301.6-6. Removal From Office. (k) Review contracts, and forward to the Oneida
Business Committee for approval, concerning cross-deputization, dispatch function and
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mutual aid pacts which are made between the Oneida Police Department and a non-tribal
agency.
(l) Approve Standard Operating Procedures of the Oneida Police Department.
A member of the Oneida Public Safety and Security Commission may have their appointment
terminated by the Oneida Business Committee for:
(a)
Misconduct301.6-2.
Appointment of Commissioners. The Oneida Business
Committee shall appoint five members to the Oneida Police Commission for a term of five years.
Commissioners may serve more than one term, but not more than three consecutive terms.
301.6-3. Commissioner Requirements and Qualifications. The following are membership
requirements for serving on the Oneida Police Commission:
(a) Shall be a member of the Oneida Tribe.
(b) Must be 25 years of age or older.
(c) Satisfactory background investigation. The following would prohibit any person from
serving on the Oneida Police Commission:
(1) A felony conviction in the State of Wisconsin, or any conviction of a crime in
another state that would be considered a felony conviction if the offense and
adjudication occurred in the State of Wisconsin.
(2) A felony arrest which results in a misdemeanor conviction due to a plea
arrangement.
(3) A conviction of any ordinance violation that could bring discredit to the
Commission.
(4) Any pardon issued by the Oneida Tribe or the governor of any State, for an
offense specified in sections 301.6-3(c)(1)-(3), shall not deem a person as
“exonerated” for the purposes of membership on the Oneida Police Commission.
(d) Must submit to drug testing prior to appointment and on an annual basis.
(e) Must not be an employee of the Oneida Police Department
(f) Shall attend applicable training.
(g)
Must be a person of known good standing in the community.
301.6-4. Removal From Office. In addition to the Removal Law standards, a Commissioner may
be removed for:
(a) Malfeasance in office.;
(b) Conduct which could jeopardize the reputation of the Oneida TribeNation, the Oneida
PolicePublic Safety and Security Commission, or the law enforcementpublic safety
system.;
(c) Any change in status which would place the Commissioner in conflict with the
qualifications specified in section 301.6-3(c) above.; or
(d) Violation of the confidentially of closed hearings or any other information declared
“confidential” by the Oneida Police Commission.
301.6-5.
QualificationsPublic Safety and Security Commission.
301.Process for7. Appointment as Police Chief.
(a) The recruitment and hiring process for Police Chief shall be conducted by the Oneida
Police Commission, with assistance, as needed, by the Human Resources Department.
(b) No person shall be accepted as a candidate or be eligible to serve as Police Chief who
does not meet the following qualifications:
(1) Current certification in the State of Wisconsin as a law enforcement officer or
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upon approval from State of Wisconsin Standards Board.
(2) Member of the Oneida Tribe.
(3) A minimum of five (5) years creditable service as a sworn law enforcement
officer for a state. tribal, local or federal government, with preference for (i) those
who have at least an associate degree in police science, criminal justice or similar
field, or a bachelor’s degree in a related subject; and (ii) those with successful
supervisory experience.
(4) Current satisfactory background investigation completed by the Security
Department or a law enforcement agency selected by the Oneida Police
Commission with results of the investigation reported directly to the Oneida Police
Commission.
(5) Current satisfactory psychological examination report.
(6) Current satisfactory medical examination report.
(7) Current drug test with negative results for controlled substances.
(c) Examinations, interviews, further selection criteria and other processes utilized in the
hiring process of a Police Chief shall be at the discretion of the Oneida Police Commission,
(d) Upon accepting retirement notification or the resignation of a current Police Chief, the
Oneida Police Commission shall appoint an interim or acting Police Chief who shall serve
in said capacity until the process for appointment of a new chief can be completed.
301.7.
Appointment of Law Enforcement Officers
301.7-1.
Job Task Analysis. The Police Chief shall develop a Job Task Analysisjob task
analysis (job description) for law enforcement officers and submit the job task analysis to the
Oneida PolicePublic Safety and Security Commission for approval.
301.7-2.
Hiring Criteria. Hiring criteria for law enforcement officers, shall be developed by
the Oneida PolicePublic Safety and Security Commission and implemented by the Police Chief;
and must . The hiring criteria shall include, but is not be limited to, the following:
(a) educational requirements,;
(b) satisfactory background investigation,;
(c) psychological examination,; and
(d) medical certification.
301.7-3.
Hiring Process Outline. A Hiring Process OutlineA hiring process outline shall be
developed by the Oneida PolicePublic Safety and Security Commission and implemented by the
Police Chief. The Hiring Process Outline willhiring process outline shall detail specific steps
involved in the hiring process for law enforcement officers, and steps in the process involving
scoring, rank scoring, or grading shall be specified, as well as passing grades or scores. The Hiring
Process Outlinehiring process outline shall include all pertinent steps involved in the hiring process
including, but not limited to, the following:
(a) application process,;
(b) application screening,;
(c) written test procedures,;
(d) oral interviews,;
(e) physical agility testing,;
(f) background investigation,;
(g) conditional offer of employment,; and
(h) psychological and medical testing.
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301.7-4.
Approval of Additional Law Enforcement Personnel.
(a) The Police Chief shall make a request for the hiring of additional law enforcement
personnel through the Human Resources Department processes.
(b) Upon receiving approval, the Police Chief shall make a formal request to the Human
Resources Department for posting the position(s) available. The current Job Task
Analysis, Hiring Criteria.job task analysis, hiring criteria. and Hiring Process Outlinehiring
process outline shall be submitted to the Human Resources Department by the Police Chief.
301.7-5.
Process. All phases of the hiring process shall be conducted in accordance with the
Hiring Process Outlinehiring process outline. Duties and responsibilities of persons involved in
the process shall be specified in the outline.
301.7-6.
Eligibility List.
(a) Upon completion of all screening steps of the Hiring Process Outlinehiring process
outline, a list shall be compiled of all candidates based on cumulative scores earned by
each applicant in all graded or scored steps of the current hiring process.
(b) Candidates shall be ranked in inverse numerical order, that is the candidate with the
highest cumulative score is ranked “1”, the candidate with the second highest cumulative
score is ranked “2”, etc.
(c) The list shall be reviewed and approved by the Oneida PolicePublic Safety and
Security Commission and submitted to the Police Chief.
(d) The eligibility list will be valid for one (1) year from the date it was compiled.
(e) The order of appointment of applicants to the position of law enforcement officers
shall follow the order of the eligibility list contingent upon satisfactory background
investigation, psychological testing, and medical testing.
301.7-7.
Commencement of Background Investigation.
(a) Upon receiving the approved eligibility list, the Police Chief shall direct a subordinate
to commence a background investigation upon candidates based on their numerical ranking
on the eligibility list, starting with the top candidate.
(b) Results of the background investigation shall be forwarded to the Police Chief and the
Oneida PolicePublic Safety and Security Commission.
(c) A candidate may be deemed as having an unsatisfactory background investigation
report by either the Police Chief or the Oneida Police Public Safety and Security
Commission, such. Such determinations toby the Police Chief of the Oneida Public Safety
and Security Commission shall be made in writing.
301.7-8.
Conditional Offer of Employment. Provided a candidate has satisfactory results in a
background investigation, an offer of employment shall be sent to the candidate. The offer shall
specify the candidate’s appointment to the position of law enforcement officer contingent upon
satisfactory psychological and medical testing.
301.7-9.
Appointment. Provided a candidate has passed psychological and medical testing, a
formal offer of employment shall be extended to the candidate by the Police Chief. In the event
the candidate lacks the minimum educational requirements as specified in Section 301.5-3(a), the
contingency of employment shall be specified in the offer.
301.8.
Promotion of Law Enforcement Officers
301.8-1.
Criteria for Promotion. The Oneida PolicePublic Safety and Security Commission
and the Police Chief shall establish specific criteria for the promotion of law enforcement officers.
The criteria shall be placed on the -notice or position posting for the promotion.
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301.8-2.
Process. The process for promotion shall be developed by the Police Chief and
approved by the Oneida PolicePublic Safety and Security Commission. The specifics of the
process shall be placed on the notice or position posting for said promotion.
301.8-3.
Psychological Testing Required. All candidates for promotion shall undergo
psychological testing and have a satisfactory report prior to promotion. The results of such test
shall be made available to the Police Chief and the Oneida PolicePublic Safety and Security
Commission Presidentchairperson.
301.8-4.
Promotion. Upon completion of all steps in the promotion process, a law enforcement
officer may be promoted upon review and recommendation of Oneida PolicePublic Safety and
Security Commission to the Police Chief.
301.9.
Disciplinary Proceedings: for Law Enforcement Officers.
301.9-1.
Purpose.
(a) Disciplinary actions may be commenced against a law enforcement officer by the
Police Chief for violations of departmental Standard Operating Procedures or laws of the
Oneida Tribe or other government. Such actions are independent of and exempt from the
Oneida Blue Book. Discipline may range from a verbal warning to termination.
(b) In serious matters, an internal investigation is conducted by the Oneida Police
Department and the law enforcement officer under investigation may be placed on
administrative leave pursuant to 301.10.
(c) In order to insure due process to for law enforcement officers, an law enforcement
officer has the right to appeal a disciplinary action to the Oneida Police Commission.
(d) shall be governed by this provision of the Law. Disciplinary actions may be ordered
by the Police Chief. The officer may appeal a disciplinary action to the Oneida Police
Commission. Upon filing of an appeal, the Police Chief shall submit formal charges
against the officer to the Oneida Police Commission.
(e) Any citizen may file charges or a complaint against an officer with the Police Chief.
The Oneida Police Commission can proceed with a hearing after an investigation by the
Police Chief.
(f)
If a citizen wishes to file a complaint with the Oneida Police Commission, the Oneida
Police Commission will refer the complaint to the Police Chief to begin an investigation. Upon
completion of the investigation the Police Chief of non-sworn personnel of the Oneida Police
Department shall submit his written report to the Commissionbe governed by the Nation’s laws,
policies, and rules governing employment.
301.9-2. Commencement of Disciplinary Hearings. A request for an appeal of a decision of the
Police Chief must be submitted in writing to the Oneida Police Commission within 30 calendar
days.
(a) If the request is by a law enforcement officer or a citizen against a law enforcement
officer, the President must without delay, notify the Police Chief that a hearing has been
requested.
(b) The Oneida Police Commission must meet within ten calendar days and set a hearing
date.
(c) The Oneida Police Commission has the right to extend hearing dates for Just Cause
Standard. Just cause.
301.9-3. Rights and Responsibilities of the Oneida Police Commission at Hearings.
(a) The Oneida Police Commission shall have legal counsel and a court reporter present at
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all formal proceedings.
(b) The Oneida Police Commission has the authority to subpoena witnesses.
(c) Hearing procedures that may be unique to a particular hearing shall be established prior
to the hearing.
(d) Disciplinary hearings shall be open, except where:
(1) the person subject to discipline requests in writing that the hearing be closed;
or
(2) the Police Chief requests in writing that the hearing be closed and indicates that
confidential police matters are involved.
(e) Commissioners shall not discuss the disciplinary matter with anyone outside the
Commission until the hearing is completed and a decision is filed.
301.9-4. Rights of the Accused Law Enforcement Officer at Hearings.
(a) Notice of charges that have been made, or will be made, as well as actions that will or
may be taken against the individual.
(b) The right to a hearing to respond to the charges.
(c) The right to representation at the individual's expense.
(d) The right to confront and cross-examine his/her accusers.
(e) The right to present evidence and argue his/her view of the facts.
301.9-5. Pre-Hearing Conference.
(a) A pre-hearing conference shall be scheduled at least five (5) working days before the
hearing. The law enforcement officer and the complainant shall be notified in writing of
the pre-hearing conference and both may be represented.
(b) The is determined using the following matters shall be accomplished at the conference.
(1) Witness lists and any prior written or recorded statements or reports of
witnesses will be exchanged between the parties or their representatives.
(2) Exhibit lists will also be exchanged between the parties or their representatives,
and each party and/or their representative shall be permitted to physically inspect
all exhibits of the other party.
(3) Witnesses or exhibits not on the pre-hearing conference lists may not be
introduced at the hearing unless the Oneida Police Commission determines that the
party or their representative can demonstrate a satisfactory reason for the inclusion
of such witness or exhibit on the list(s) submitted at the pre-hearing conference.
(4) In the absence of the parry or representative at the pre-hearing conference, the
Oneida Police Commission shall dismiss the charges unless the party or
representative can demonstrate a satisfactory reason for non-appearance.
301.9-6. Hearing Procedure.
(a)
The nature of a law enforcement agency requires the highest level of public trust, As a
result, hearings will be open to the public to allow the public to be reassured that hearings are
conducted under the highest standards of objectiveness and reason., to the extent possible:
(b) The President of the Oneida Police Commission has the duties of:
(1) Presiding over the hearing.
(2) Maintaining order.
(3) Insuring that the hearing is fair and impartial.
(c) The President may elect to use an attorney or experienced hearing examiner to assist in
conducting the hearing.
(d) Order of Business.
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(1) The President calls the meeting to order and:
(A) Explains that the Oneida Police Commission is not an investigative
body.
(B) Describes the hearing as a formal inquiry into the facts of the matter in
front of them as an original hearing body.
(2) The President reads the charges, as filed with the Oneida Police Commission,
and cites the rule(s) and/or policy(s) that were alleged to be violated.
(3) Testimony begins with the person(s) who filed the charges.
(A) Witnesses, evidence, documents, and other related reports will be
submitted by the Police Chief or complainant.
(B) Witnesses testify under oath which can be administered by the President
or any other Commissioner.
(C) Any Commissioner may ask questions but they must be relevant to the
issues at hand. It is the President's responsibility to insure that the questions
are germane.
(D) The law enforcement officer or representative may challenge the
testimony or evidence presented.
(4) The law enforcement officer or representative is given an opportunity to present
facts, introduce evidence, and call witnesses to prove:
(A) That the law enforcement officer was wrongly charged.
(B) The penalty is not appropriate for the violation.
(5) The complainant may challenge any testimony offered by the accused.
(6) Both sides are allowed to present closing summaries of their position.
(7) The President then adjourns the hearing.
(8) The Oneida Police Commission retires to executive session to deliberate upon
the matter.
301.9-7. Just Cause Standard Applied to Commission Deliberations. The Commissioners shall
base their decisions regarding a disciplinary action upon the "just cause" standard.
(a) (a) Whether the law enforcement officer could reasonably be expected to have had
knowledge of the probable consequences of the alleged misconduct.
(b) Whether the procedure the law enforcement officer allegedly violated is reasonable.
(c) Whether the Police Chief, before filing charges against the law enforcement officer,
made a reasonable effort to discover whether the law enforcement officer did, in fact,
violate a procedure.
(d) Whether the investigation was fair and objective.
(e) Whether the Police Chief discovered substantial evidence that the law enforcement
officer violated the procedure as described in the charges filed against the law enforcement
officer.
(f) Whether the Police Chief is applying the rule or order fairly and without discrimination
against the law enforcement officer.
(g) Whether the proposed discipline is reasonable as it relates to the seriousness of the
alleged violation and to the law enforcement officer’s record of service with the Oneida
Police Department.
301.9-8. Commission Actions.
(a) The Oneida Police Commission may on appeals, review a disciplinary action taken by
the Police Chief, and:
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(1) Approve the action taken by the Police Chief without change.
301.9-3. Discipline of Employees by the Chief of Police. The Chief of Police may reprimand or
suspend a law enforcement officer for just cause without prior approval of the Oneida Public Safety
and Security Commission. The Chief of Police shall report this action to the chairperson of the
Oneida Public Safety and Security Commission immediately in writing and explain the cause(s)
of the action. A law enforcement officer shall not be entitled to a hearing on the suspension unless
the subordinate requests that the Police Chief file charges, which then triggers the hearing process.
(a) For any reductions in rank or terminations of a law enforcement officer, the Police
Chief shall first file charges with the Oneida Public Safety and Security Commission.
301.9-4. Discipline of the Chief of Police. The Oneida Public Safety and Security Commission
has the sole authority to suspend or terminate the Chief of Police, for cause, upon its own initiative.
It may suspend the Chief of Police pending the investigation of written charges received.
301.9-5. Right to Request Hearing. If a law enforcement officer against whom a disciplinary action
of suspension, demotion, or termination has been taken requests a hearing on the matter, the Oneida
Public Safety and Security Commission shall proceed with such a hearing. Charges shall then be
filed with the Oneida Public Safety and Security Commission by the party initially taking the
disciplinary action.
301.9-6. Filing of Charges.
(a) Standing to File Charges. Charges may be filed with the Oneida Public Safety and
Security Commission by:
(1) the Chief of Police;
(2)
Dismiss or modify a member of the Oneida Public Safety and Security
Commission;
(3) the Oneida Public Safety and Security Commission as a body; or
(4) any aggrieved party.
(b) Content of Charges. The charges shall be in writing and shall be signed by the charging
party. The sources of all information contained in the charges shall be stated in the charges
or in accompanying documents. Information regarding the names and addresses of
witnesses having relevant knowledge relating to the charges may be embodied in a separate
statement accompanying the charges. The charges shall identify the person who is charged
and specify, if possible, the date(s) and place(s) of the alleged offense(s).
(c) Filing of Charges. The charges shall be filed with the chairperson of the Oneida Public
Safety and Security Commission. Pending disposition of such charges, the Oneida Public
Safety and Security Commission or Police Chief may suspend the employee.
(d) Service of Charges. Following service upon the Oneida Public Safety and Security
Commission chairperson, a copy of the charge(s) made by the Police Chief shall be served
upon the person charged. A copy of the charge shall be issued to the person charged within
five (5) business days after charges are sent to the Commission.
301.9-7. Procedure for Responding to Charges.
(a) Participation of the Commission. If the Oneida Public Safety and Security Commission
as a body files charges, it shall retain special counsel to prosecute such charges on the
Commission's behalf and the Oneida Public Safety and Security Commission shall refrain
from any active involvement in the prosecution of such charges. If any member of the
Oneida Public Safety and Security Commission files and actively prosecutes such charges,
such member shall not participate in deliberating the charges or determining whether they
are sustained.
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(b) Docket List. All charges filed with the Oneida Public Safety and Security Commission
shall be recorded on a docket list and assigned a number in sequence of filing with the date
of filing added in parentheses.
(c) Preliminary Investigation. Upon the filing of charges, the Oneida Public Safety and
Security Commission may have a preliminary investigation conducted to determine if it
has jurisdiction in the matter. If the Oneida Public Safety and Security Commission judges
that it does not have jurisdiction over the charges, it may dismiss the charges. In the event
of such dismissal, the Oneida Public Safety and Security Commission shall notify the
complainant in writing of its action.
(d) Scheduling of Hearing. Following the filing of charges or a request for a hearing, a
copy of the charges shall be served upon the person charged. The Oneida Public Safety and
Security Commission shall set a date for a hearing not less than ten (10) days or more than
thirty (30) days following receipt of the charges. This timeframe may be waived if mutually
agreed.
301.9-8.(3)
Modify any penalty imposed by the Police Chief.
(4) Void the action taken by the Police Chief.
(b)
The Oneida Police Commission Scheduling Conference.
(a) Scheduling Conference. A scheduling conference between the parties and/or their legal
counsel is appropriate to establish the procedural timeline leadi
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