Oneida Business Committee (2019)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room-2nd Floor Norbert Hill Center
March 20, 2019
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. March 4, 2019 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Oneida Personnel Commissions Bylaws Amendments (pg. 4)
2. Domestic Animals Law Amendments (pg. 29)
IV.
New Submissions
1. Environmental Review Law (pg. 81)
2. Boards, Committees and Commissions Law Amendments (pg. 144)
3. Tribal Institutional Review Board Law (pg. 145)
4. Children’s Code Amendments (pg. 170)
V.
Additions
VI.
Administrative Updates
1. Oneida Personnel Commission Bi-Monthly Update Memo (pg. 171)
2. Boards, Committees and Commissions Bylaws Amendments Update Memo (pg. 173)
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
GDDDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
March 4, 2019—Rescheduled from March 6, 2019
2:30 p.m.
Present: Kirby Metoxen, Ernest Stevens III, Jennifer Webster, Daniel Guzman King
Excused: David P. Jordan
Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Jennifer Falck, Kristen
Hooker, Carol Silva, Rae Skenandore, Leyne Orosco, Lee Cornelius
I.
Call to Order and Approval of the Agenda
Kirby Metoxen called the March 04, 2019 Legislative Operating Committee meeting to
order at 2:31 p.m.
Motion by Jennifer Webster to approve the agenda with the addition of the Oneida
Personnel Commission Bylaws Amendments; seconded by Daniel Guzman King. Motion
carried unanimously.
II.
Minutes to be Approved
1. February 20, 2019 LOC Meeting Minutes
Motion by Ernest Stevens III to approve the February 20, 2019 LOC meeting minutes and
forward to the Oneida Business Committee for their consideration; seconded by Daniel
Guzman King. Motion carried unanimously.
III.
Current Business
1. Oneida Election Board Bylaws Amendments (1:28-7:09)
Motion by Jennifer Webster to accept the Oneida Election Board Bylaws Amendments
and forward to the Oneida Business Committee for consideration; seconded by Ernest
Stevens III. Motion carried unanimously.
2. Oneida Police Commission Bylaws Amendments (7:13-14:53)
Motion by Daniel Guzman King to accept the Oneida Police Commission Bylaws
Amendments and forward to the Oneida Business Committee for consideration:
seconded by Ernest Stevens. Motion carried unanimously.
IV.
New Submissions
1. Taxation (14:57-17:47)
Motion by Ernest Stevens III to add Taxation to the active files list as a low priority
with Ernest Stevens III as the sponsor; seconded by Jennifer Webster. Motion carried
unanimously.
V.
Additions
1. Oneida Personnel Commission Bylaws Amendments (18:02-19:12)
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A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of March 4, 2019
Page 1 of 2
ONEIDA
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Motion by Jennifer Webster to add the Oneida Personal Commission Bylaws
Amendments to the active files list; seconded by Daniel Guzman King. Motion carried
unanimously.
VI.
Administrative Items
VII.
Executive Session
VIII. Adjourn
Motion by Ernest Stevens III to adjourn the March 4, 2019 Legislative Operating
Committee meeting at 2:51 p.m.; seconded by Daniel Guzman King. Motion carried
unanimously.
Legislative Operating Committee Meeting Minutes of March 4, 2019
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Legislative Operating Committee
March 20, 2019
Oneida Personnel Commission Bylaws
Amendments
Submission Date: 3/4/19
LOC Sponsor: N/A
Public Meeting: N/A
Emergency Enacted: N/A
Expires: N/A
Summary: During a Legislative Operating Committee work session held on March 1, 2019, the
Nation’s Secretary, Lisa Summers, informed the Legislative Operating Committee that as she and
the Business Committee Support Office have been preparing the training for incoming Oneida
Personnel Commission members there were inconsistencies or gaps discovered between the
adopted Oneida Personnel Commission bylaws and Oneida Business Committee resolution BC09-26-18-F titled, “Rescission of the Dissolution of the Oneida Personnel Commission and
Related Emergency Amendments in Accordance with General Tribal Council’s August 27, 2018
Directive.” These inconsistencies were particularly related to the process of how the Oneida
Personnel Commission handles grievance hearings. It was recommended that amendments be
made to the Oneida Personnel Commission bylaws to address any inconsistencies so that
accurate and effective training and information can be developed to assist newly appointed
Oneida Personnel Commission members.
3/4/19 LOC: Motion by Jennifer Webster to add the Oneida Personal Commission Bylaws
Amendments to the active files list; seconded by Daniel Guzman King. Motion carried
unanimously.
3/5/19:
Work Meeting. Present: Jennifer Falck, Clorissa N. Santiago, Geraldine Danforth,
Matthew Denny. The purpose of this work meeting was to discuss the potential of the
Nation’s Human Resources Department assisting the Oneida Personnel Commission
with administrative duties in regard to the grievance hearings.
3/7/19:
E-Poll Conducted.
Next Steps:
Enter the results of the March 7, 2019, e-poll titled, “E-Poll Request: Oneida Personnel
Commission Bylaws Amendments” into the record.
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March 7, 2019 Legislative Operating Committee E-Poll
Approval of the Oneida Personnel Commission Bylaws Amendments
Good Afternoon Legislative Operating Committee,
This e-mail serves as the e-poll for approval of the amendments to the Oneida Personnel Commission
bylaws.
EXECUTIVE SUMMARY
During a Legislative Operating Committee work session held on March 1, 2019, the Nation’s Secretary,
Lisa Summers, informed the Legislative Operating Committee that as she and the Business Committee
Support Office have been preparing the training for incoming Oneida Personnel Commission members
there were inconsistencies or gaps discovered between the adopted Oneida Personnel Commission
bylaws and Oneida Business Committee resolution BC-09-26-18-F titled, “Rescission of the Dissolution of
the Oneida Personnel Commission and Related Emergency
Amendments in Accordance with General Tribal Council’s August 27, 2018 Directive.” These
inconsistencies were particularly related to the process of how the Oneida Personnel Commission handles
grievance hearings. It was recommended that amendments be made to the Oneida Personnel Commission
bylaws to address any inconsistencies so that accurate and effective training and information can be
developed to assist newly appointed Oneida Personnel Commission members.
As three (3) individuals are expected to be appointed to the Oneida Personnel Commission by the Oneida
Business Committee on March 27, 2019, it was requested that the amended Oneida Personnel
Commission bylaws be brought before the Oneida Business Committee for consideration at the March 13,
2019, Oneida Business Committee meeting.
An e-poll is necessary for this matter because the next Legislative Operating Committee meeting is
scheduled for March 20, 2019, which is past the March 13, 2019, Oneida Business Committee meeting
date.
REQUESTED ACTION
Approve the amendments to the Oneida Personnel Commission Bylaws and forward to the Oneida
Business Committee for consideration.
DEADLINE FOR RESPONSE
March 8, 2019 at 8:00 a.m.
All supporting documentation has been attached to this email for your convenience.
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E-POLL RESULTS:
The e-poll was approved by Jennifer Webster, Ernest Stevens III, David P. Jordan, Daniel Guzman King, and
Kirby Metoxen.
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ONEIDA PERSONNEL COMMISSION BY-LAWS
Article I. Authority
1-1. Name.
The name of this entity shall be the Oneida Personnel Commission, and may
be referred to as the OPC.
1-2.
Establishment. The OPC was created by the General Tribal Council as the Personnel
Selection Committee and renamed the Personnel Commission by the
Oneida Business Committee through resolution BC-04-13-90-A. The
Oneida Business Committee dissolved the Personnel Commission on April
11, 2018 through resolution BC-04-11-18-A. On August 27, 2018, the
General Tribal Council rescinded the dissolution of the Personnel
Commission and the OPC was recreated by the Oneida Business
Committee through resolution BC-09-26-18-F.
1-3.
Authority.
(a)
(b)
The OPC was created by the General Tribal Council to represent the Oneida
community-at-large in the selection of the Nation’s employees and to shield
those employees from inconsistent and unfair treatment by:
(1)
Protecting against issues of nepotism;
(2)
Enforcing Oneida and Indian preference;
(3)
Hearing and deciding appeals of disciplinary action filed by
employees of the Nation; and
(4)
Carrying out all other powers and duties delegated by the laws of
the Nation, including but not limited to, the Oneida Personnel
Policies and Procedures.
The OPC does not have authority to:
(1)
Enter into contracts;
(2)
Create policy or legislative rules; or
(3)
Evaluate or rate a candidate on criteria qualifications unrelated to
the following subject matter during candidate interviews:
(A)
Oneida/Indian preference;
(B)
Nepotism;
(C)
Conflicts of interest;
(D)
Veteran status; and
(E)
Physical capacity requirements.
1-4.
Office.
The official mailing address of the OPC shall be:
Oneida Personnel Commission
P.O. Box 365
Oneida, WI 54155
1-5.
Membership.
(a)
Number of Members. The OPC shall be made up of five (5) members and
Pro Tem members to be selected by the Oneida Business Committee
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(b)
(c)
(d)
(e)
Support Office in the event of an incumbent member’s recusal based on a
conflict of interest.
(1)
Each member shall hold office until his or her term expires, until his
or her resignation, or until his or her appointment is terminated in
accordance with the Boards, Committees and Commissions law.
Appointment. Each member shall be appointed in accordance with the
Boards, Committees and Commissions law to serve a five (5) year term.
The first term shall be staggered with one (1) member receiving a one (1)
year term; one (1) member receiving a two (2) year term; one (1) member
receiving a three (3) year term; one (1) member receiving a four (4) year
term and one (1) member receiving a five (5) year term. Each appointment
after the initial staggered terms shall receive a five (5) year term.
Vacancies.
(1)
Filling of Vacancies. Vacancies shall be filled in accordance with
the Boards, Committees and Commissions law.
(2)
Resignation. A member may resign at any time verbally at a meeting
or by delivering written notice to the Oneida Business Committee
Support Office and the OPC Chairperson or his/her designee.
(A)
Effective Date of Resignation. A resignation is effective
upon acceptance by motion of a member’s verbal resignation
or upon delivery of the written notices.
(3)
Terms of Replacement Member. A replacement member shall hold
office through the unexpired portion of the term of the member
whom he or she has replaced.
(A)
A replacement member is defined as a member who fills a
vacancy caused by resignation, removal or termination.
Qualifications. OPC members shall meet the following qualifications:
(1)
Be an enrolled member of the Oneida Nation;
(2)
Be at least twenty-one (21) years of age;
(3)
Shall not be an employee of the Nation;
(4)
Be available for meetings, training, interviews, prescreening,
reassignments, grievance hearings and other duties as needed. Three
(3) unexcused absences to attend to such duties may be reported to
the Oneida Business Committee, if deemed appropriate by the OPC,
for recommended termination;
(5)
Be free of any and all direct conflicts of interest or appearances of
conflict as defined under various laws and policies of the Nation,
including but not limited to, the oath of office, the Oneida Rules of
Civil Procedure, the Oneida Personnel Policies and Procedures and
other laws/policies regarding employment, the Code of Ethics, and
the Boards, Committees and Commissions law; and
(6)
Have a minimum of two (2) years supervisory experience along with
hiring experience, an Associate Degree, or equivalent experience or
education.
Duties and Responsibilities. OPC members shall abide by the following:
(1)
Both formal and informal communications to any entity on behalf
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(2)
(3)
(4)
(5)
(6)
1-6.
of the OPC must come from a member of the OPC through OPC
directive. Specific policy governing all communications of the OPC
may be set forth in an OPC Communications SOP to provide
procedural guidance, consistent herewith, on determining when,
how, and by which OPC member(s) communications are made;
Uphold all laws and policies of the Nation, including but not limited
to, the Boards, Committees and Commissions law;
Participate in the hiring selection process, including, job description
pre-screens and interviews, in accordance with the Oneida
Personnel Policies and Procedures;
Conduct grievance hearings in accordance with the Oneida
Personnel Policies and Procedures, the Oneida Judiciary Rules of
Civil Procedure, and Oneida Business Committee resolution BC-____-__-__;
(A)
If a conflict exists between the Oneida Personnel Policies
and Procedures and the Oneida Judiciary Rules of Civil
Procedure, the Oneida Personnel Policies and Procedures
shall govern.
(B)
Appeals from OPC decisions to the Judiciary as authorized
by the Nation’s Judiciary law shall be governed by the Rules
of Appellate Procedure.
Exclusively use the official Oneida e-mail address provided by the
Nation upon appointment to the OPC to electronically conduct
business on behalf of the OPC; and
Dress Code. OPC members are expected to be clean, well-groomed
and dressed in business casual attire when conducting activities on
behalf of the OPC, including but not limited to, employee interviews
and grievance hearings.
(A)
By way of example, business casual attire does not include:
(i)
Tattered jeans or shorts;
(ii)
Shirts with language or graphics that are vulgar;
sexually explicit, or may otherwise be offensive;
(iii)
Attire that is revealing or provocative;
(iv)
Flip-flops or any type of loose footwear;
(v)
Sweat suits;
(vi)
See-through blouses or shirts;
(vii) Sports bras, halter tops, or similar attire;
(viii) Tank tops;
(ix)
Clothing that allows bare midriffs; or
(x)
Clothing that is ripped or stained.
Termination. An OPC member’s appointment may be terminated in accordance with the
Boards, Committees and Commissions law.
(a)
Any member whose appointment is terminated by the Oneida Business
Committee after the adoption of these bylaws, as may be amended from
time to time, shall not be eligible for re-appointment to the OPC for a
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minimum of five (5) years following his or her termination.
1-7.
Trainings.
(a)
(b)
(c)
OPC members must complete the following training prior to participating
in any screenings, interviews and/or grievance hearings on behalf of the
OPC:
(1)
Four (4) hours of e-Learning on interview certification and four (4)
hours of orientation through the Oneida Human Resources
Department, which shall include:
(A)
EEO training;
(B)
Training on Tribal laws, rules and regulations; and
(C)
Training on the Oneida Personnel Policies and Procedures.
(2)
Training on the grievance process, which shall include:
(A)
A presentation developed by the Oneida Judicial System on
the Oneida Judiciary Rules of Civil Procedure, an estimated
three (3) hours in length;
(B)
Up to three (3) hours of training in formal opinion writing
and the basics of evidence; and
(C)
Two (2) hours of training in professional ethics, including
issues of confidentiality.
(3)
Any other training deemed necessary by the Oneida Business
Committee.
After serving on the OPC for one (1) year, all OPC members shall either
accumulate a minimum of eight (8) hours of training annually in the above
subject matter or shall review annually the lessons and materials connected
with the above subjects.
Completion of all training, including training under Section 1-7(b), shall be
confirmed by receipt of a certificate or some other written documentation
and kept on file with the OPC.
Article II. Officers
2-1. Officers.
There shall be a Chairperson, a Vice-Chairperson and a Secretary.
2-2.
Responsibilities of the Chairperson. The duties, responsibilities and limitations of the
Chairperson are as follows:
(a)
Shall preside over all meetings of the OPC;
(b)
Shall be a member of all subcommittees of the OPC, may call emergency
meetings, and shall keep the OPC informed as to the business of the OPC;
(c)
Shall, with the assistance of the Secretary, submit annual and semi-annual
reports to the General Tribal Council as required by the Boards, Committees
and Commissions law;
(d)
Shall, with the assistance of the Secretary, submit quarterly reports to the
Oneida Business Committee as required by the Boards, Committees and
Commissions law; and
(e)
Shall, with the assistance of the Secretary, forward notice of meeting
location, agenda and materials in the manner prescribed herein.
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2-3.
Responsibilities of the Vice-Chairperson. The duties, responsibilities and limitations of the
Vice-Chairperson are as follows:
(a)
In the absence of the Chairperson, shall conduct meetings of the OPC and
appoint a temporary Vice-Chairperson for those meetings; and
(b)
Shall work with the Chairperson in all matters that concern the OPC.
2-4.
Responsibilities of the Secretary. The duties, responsibilities and limitations of the
Secretary are as follows:
(a)
Shall keep accurate minutes and/or assure that accurate minutes are kept of
all OPC meetings as required by the Boards, Committees and Commissions
law and as further prescribed herein;
(b)
Along with the Chairperson, shall provide notice of regular, joint and
emergency meetings, as well as agendas and materials, in the manner
prescribed herein;
(c)
Shall act as custodian of the records;
(d)
Shall attend to, or ensure proper attendance to, all correspondence and
present to the OPC all official communications received by the OPC;
(e)
Shall, along with the Chairperson, submit annual and semi-annual reports
to the General Tribal Council, as well as quarterly reports to the Oneida
Business Committee as required by the Boards, Committees and
Commissions law; and
(g)
Shall work with the Business Committee Support Office to administer the
budget.
2-5.
Standing and Special Committees. Standing and special committees may be created when
deemed necessary by the OPC. In accordance with the Boards, Committees
and Commissions law, OPC members who attend any meetings of a
standing or special committee shall not be eligible to receive a stipend for
their attendance.
2-6.
Selection of Officers. Officers of the OPC shall be appointed by the OPC for two (2) year
terms. Officers may hold only one (1) officer position.
(a)
Each officer shall hold his or her office until:
(1)
The member resigns; or
(2)
The member has his or her appointment terminated in the manner
set forth in the Boards, Committees and Commissions law.
(b)
A vacancy of any officer position shall be filled by the OPC for the
unexpired term at the next regular or emergency meeting.
2-7.
Budgetary Sign-Off Authority and Travel.
(a)
Two (2) of the three (3) OPC Officers must sign-off on budgetary requests.
(b)
The OPC shall follow the Nation’s policies and procedures regarding
purchasing, travel and sign-off authority.
(c)
The OPC shall approve a member’s request to travel on behalf of the OPC
by a majority vote at a regular or emergency OPC meeting.
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(d)
The OPC must review its budget on a monthly basis and have one or more
members in attendance at all budget meetings.
2-8. No Authorized Personnel. The OPC shall not be authorized to hire personnel. The Oneida
Business Committee Support Office and the Oneida Human Resources
Department shall assist the OPC with administrative duties.
(a)
The Oneida Human Resources Department shall provide administrative
assistance to the OPC in regard to the hiring and selection of employees,
which shall include, but is not limited to, scheduling pre-screens and
interviews, and coordinating OPC members to conduct hiring and selection
activities.
(b)
The Oneida Human Resources Department shall provide administrative
support to the OPC in regard to employee grievance hearings, including, but
not limited to, accepting filings on behalf of the OPC, scheduling hearings,
coordinating OPC members to serve as the hearing body, and providing a
hearing room.
Article III. Meetings
3-1. Regular Meetings. Regular meetings shall occur on a monthly-basis. The regular meeting
time, place and agenda shall be determined by the OPC at a regular meeting.
If no alternative designation is made by the OPC, the regular meeting shall
be the last Tuesday of every month. Notice of meeting location, agenda and
materials shall be forwarded by the Chairperson with the assistance of the
Secretary. Meetings shall run in accordance with Robert’s Rules of Order
or another method approved by the Oneida Business Committee. Meetings
shall comply with the Nation’s Open Records and Open Meetings law.
3-2.
Emergency Meetings. Emergency meetings shall only be called when time sensitive issues
require immediate action. Emergency meetings of the OPC may be called
by the Chairperson or upon written request of any two (2) members. Notice
of the meeting location, agenda and materials shall be forwarded by the
Chairperson with the assistance of the Secretary.
(a)
Within seventy-two (72) hours after an emergency meeting, the OPC shall
provide the Nation’s Secretary with notice of the meeting, the reason for the
emergency meeting, and an explanation of why the matter could not wait
for a regular meeting.
3-3.
Joint Meetings. Joint meetings with the Oneida Business Committee shall be held in March
and September of each year. Notice of the meeting location, agenda and
materials shall be forwarded by the Chairperson with the assistance of the
Secretary.
3-4.
Quorum.
A majority of the OPC members shall constitute a quorum for the
transaction of business, which shall include the Chairperson or ViceChairperson.
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3-5.
Order of Business. The regular meetings of the OPC shall follow the order of business as
set out herein:
(a)
Call to Order
(b)
Roll Call
(c)
Approving of Previous Meeting Minutes
(d)
Reports
(e)
Old Business
(f)
New Business
(g)
Adjournment
3-6.
Voting.
(a)
(b)
Voting shall be in accordance with the simple majority vote of the OPC
members present at a duly called meeting.
The Chairperson shall vote only in case of a tie.
The OPC is permitted to e-poll; provided, it does so in accordance with the
procedures set forth in the Boards, Committees and Commissions law.
Article IV. Expectations
4-1. Behavior of Members. Members are expected to treat each other in accordance with the
Nation’s core values of The Good Mind as expressed by On<yote>a=ka,
which includes:
(a)
Kahletsyal&sla. The heart felt encouragement of the best in each of us.
(b)
Kanolukhw@sla. Compassion, caring, identity, and joy of being.
(c)
Ka>nikuhli=y%. The openness of the good spirit and mind.
(d)
Ka>tshatst^sla. The strength of belief and vision as a People.
(e)
Kalihwi=y%. The use of the good words about ourselves, our Nation, and our
future.
(f)
Twahwahts$lay<. All of us are family.
(g)
Yukwats$stay<. Our fire, our spirit within each one of us.
Failure to treat each other with respect shall be cause for a recommendation
for termination from the OPC. Appointed members of the OPC serve at the
discretion of the Oneida Business Committee. Upon the recommendation of
a member of the Oneida Business Committee or the OPC, a member of the
OPC may have his or her appointment terminated by the Oneida Business
Committee.
4-2.
Prohibition of Violence. Intentionally violent acts committed by a member of the OPC that
inflicts, attempts to inflict, or threatens to inflict emotional or bodily harm
on another person, or damage to property during a meeting or when acting
in an official capacity are strictly prohibited and grounds for an immediate
recommendation for termination of appointment from the OPC and/or the
imposition of sanctions and/or penalties according to laws and policies of
the Nation.
4-3.
Drug and Alcohol Use. Use of alcohol and prohibited drugs by a member of the OPC when
acting in his or her official capacity is strictly prohibited. Prohibited drugs
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are defined as marijuana, cocaine, opiates, amphetamines, phencyclidine
(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other
substance included in Schedules I through V, as defined by Section 812 of
Title 21 of the United States Code. This also includes prescription
medication or over-the-counter medicine used in an unauthorized or
unlawful manner.
4-4.
Social Media. OPC members shall abide by the Nation’s Social Media Policy. OPC
members shall further refrain from posting, attaching or writing anything
relating to OPC business or activities on any social media outlet except for
notices of meetings and notices of meeting cancellations.
4-5.
Conflict of Interest. OPC members shall abide by all laws of the Nation governing conflicts
of interest. Members must submit a Conflict of Interest Disclosure form
upon Oath of Office and annually.
Article V. Stipends and Compensation
5-1. Stipends.
OPC members are eligible for the following stipends as set forth in the
Boards, Committees and Commissions law and resolution BC-09-26-18-D,
titled Boards, Committees and Commissions Law Stipends:
(a)
One (1) monthly meeting stipend.
(b)
One (1) stipend per day for participating in interviews and/or job description
pre-screens conducted by the Human Resources Department.
(c)
Stipends for holding grievance hearings.
(d)
Stipends for Judiciary hearings.
(1)
A member of the OPC may receive a stipend for attending an Oneida
Judiciary hearing if that member is specifically subpoenaed.
(e)
Stipend for each full day of training that is required by law, bylaw or
resolution.
(f)
A member shall receive a stipend for his or her attendance at a duly called
joint meeting as defined under the Boards, Committees and Commissions
law.
5-2.
Compensation. OPC members are not eligible for any other type of compensation for duties
/activities they perform as members of the OPC.
(a)
OPC members shall not act in any other official or personal business
capacity or on behalf of any other entity or individual while acting in the
capacity of an OPC member or on behalf of the OPC.
Article VI. Records and Reporting
6-1. Agenda Items. Agendas shall be maintained in a consistent format as identified in Article
III, Section 3-5 of these bylaws.
6-2.
Minutes.
All minutes shall be typed in a consistent format and shall be submitted to
the Oneida Business Committee Support Office within thirty (30) days after
approval by the OPC.
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6-3.
Attachments. Handouts, attachments, memoranda, etc. shall be attached to the
corresponding minutes and the agenda, minutes and attachments shall be
kept electronically by the Oneida Business Committee Support Office.
6-4.
Oneida Business Committee Liaison. The OPC shall regularly communicate with the
Oneida Business Committee member who is their designated liaison. The
frequency and method of communication shall be agreed upon by the OPC
and the Liaison.
6-5.
Audio Recordings. The OPC shall audio record meetings and submit the recordings to the
Oneida Business Committee Support Office within two (2) business days
for purposes of maintaining the audio records.
(a)
Audio recordings of executive session portions of a meeting are not
required.
Article VII. Amendments
7-1. Amendments to Bylaws. Any amendments to these bylaws shall conform to the
requirements of the Boards, Committees and Commissions law and any
other policy of the Nation. Amendments to these bylaws shall be approved
by the Oneida Business Committee prior to implementation.
(a)
The OPC shall review these bylaws from time to time as needed, but no less
than each time a vacancy on the OPC is filled by a new member.
These By-laws, as amended and revised, are hereby approved by the Oneida Business Committee
at a duly called meeting held on _______, 2019, signed by the Tribal Secretary of the Oneida
Business Committee.
_______________________________
Oneida Tribal Secretary
Oneida Business Committee
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ONEIDA PERSONNEL COMMISSION BY-LAWS
Article I. Authority
1-1. Name.
The name of this entity shall be the Oneida Personnel Commission, and may
be referred to as the OPC.
1-2.
Establishment. The OPC was created by the General Tribal Council as the Personnel
Selection Committee and renamed the Personnel Commission by the
Oneida Business Committee through resolution BC-04-13-90-A. The
Oneida Business Committee dissolved the Personnel Commission on April
11, 2018 through resolution BC-04-11-18-A. On August 27, 2018, the
General Tribal Council rescinded the dissolution of the Personnel
Commission and the OPC was recreated by the Oneida Business
Committee through resolution BC-09-26-18-F.
1-3.
Authority.
(a)
(b)
The OPC was created by the General Tribal Council to represent the Oneida
community-at-large in the selection of the Nation’s employees and to shield
those employees from inconsistent and unfair treatment by:
(1)
Protecting against issues of nepotism;
(2)
Enforcing Oneida and Indian preference;
(3)
Hearing and deciding appeals of disciplinary action filed by
employees of the Nation; and
(4)
Carrying out all other powers and duties delegated by the laws of
the Nation, including but not limited to, the Oneida Personnel
Policies and Procedures.
The OPC does not have authority to:
(1)
Enter into contracts;
(2)
Create policy or legislative rules; or
(3)
Evaluate or rate a candidate on criteria qualifications unrelated to
the following subject matter during candidate interviews:
(A)
Oneida/Indian preference;
(B)
Nepotism;
(C)
Conflicts of interest;
(D)
Veteran status; and
(E)
Physical capacity requirements.
1-4.
Office.
The official mailing address of the OPC shall be:
Oneida Personnel Commission
P.O. Box 365
Oneida, WI 54155
1-5.
Membership.
(a)
Number of Members. The OPC shall be made up of five (5) members and
Pro Tem members to be selected by the Oneida Business Committee
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(b)
(c)
(d)
(e)
Support Office in the event of an incumbent member’s recusal based on a
conflict of interest.
(1)
Each member shall hold office until his or her term expires, until his
or her resignation, or until his or her appointment is terminated in
accordance with the Boards, Committees and Commissions law.
Appointment. Each member shall be appointed in accordance with the
Boards, Committees and Commissions law to serve a five (5) year term.
The first term shall be staggered with one (1) member receiving a one (1)
year term; one (1) member receiving a two (2) year term; one (1) member
receiving a three (3) year term; one (1) member receiving a four (4) year
term and one (1) member receiving a five (5) year term. Each appointment
after the initial staggered terms shall receive a five (5) year term.
Vacancies.
(1)
Filling of Vacancies. Vacancies shall be filled in accordance with
the Boards, Committees and Commissions law.
(2)
Resignation. A member may resign at any time verbally at a meeting
or by delivering written notice to the Oneida Business Committee
Support Office and the OPC Chairperson or his/her designee.
(A)
Effective Date of Resignation. A resignation is effective
upon acceptance by motion of a member’s verbal resignation
or upon delivery of the written notices.
(3)
Terms of Replacement Member. A replacement member shall hold
office through the unexpired portion of the term of the member
whom he or she has replaced.
(A)
A replacement member is defined as a member who fills a
vacancy caused by resignation, removal or termination.
Qualifications. OPC members shall meet the following qualifications:
(1)
Be an enrolled member of the Oneida Nation;
(2)
Be at least twenty-one (21) years of age;
(3)
Shall not be an employee of the Nation;
(4)
Be available for meetings, training, interviews, prescreening,
reassignments, grievance hearings and other duties as needed. Three
(3) unexcused absences to attend to such duties may be reported to
the Oneida Business Committee, if deemed appropriate by the OPC,
for recommended termination;
(5)
Be free of any and all direct conflicts of interest or appearances of
conflict as defined under various laws and policies of the Nation,
including but not limited to, the oath of office, the Oneida Rules of
Civil Procedure, the Oneida Personnel Policies and Procedures and
other laws/policies regarding employment, the Code of Ethics, and
the Boards, Committees and Commissions law; and
(6)
Have a minimum of two (2) years supervisory experience along with
hiring experience, an Associate Degree, or equivalent experience or
education.
Duties and Responsibilities. OPC members shall abide by the following:
(1)
Both formal and informal communications to any entity on behalf
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of the OPC must come from a member of the OPC through OPC
directive. Specific policy governing all communications of the OPC
may be set forth in an OPC Communications SOP to provide
procedural guidance, consistent herewith, on determining when,
how, and by which OPC member(s) communications are made;
(2)
Uphold all laws and policies of the Nation, including but not limited
to, the Boards, Committees and Commissions law;
(3)
Participate in the hiring selection process, including, job description
pre-screens and interviews, in accordance with the Oneida
Personnel Policies and Procedures;
(3)(4) Conduct grievance hearings in accordance with the Oneida
Personnel Policies and Procedures and, the Oneida Judiciary Rules
of Civil Procedure;, and Oneida Business Committee resolution BC__-__-__-__;
(A)
If a conflict exists between the Oneida Personnel Policies
and Procedures and the Oneida Judiciary Rules of Civil
Procedure, the Oneida Personnel Policies and Procedures
shall govern.
(B)
Appeals from OPC decisions to the Judiciary as authorized
by the Nation’s Judiciary law shall be governed by the
Oneida CodeRules of Laws, Title 8. Judicial
SystemAppellate Procedure.
(4)(5) Exclusively use the official Oneida e-mail address provided by the
Nation upon appointment to the OPC to electronically conduct
business on behalf of the OPC; and
(5)(6) Dress Code. OPC members are expected to be clean, well-groomed
and dressed in business casual attire when conducting activities on
behalf of the OPC, including but not limited to, employee interviews
and grievance hearings.
(A)
By way of example, business casual attire does not include:
(i)
Tattered jeans or shorts;
(ii)
Shirts with language or graphics that are vulgar;
sexually explicit, or may otherwise be offensive;
(iii) Attire that is revealing or provocative;
(iv)
Flip-flops or any type of loose footwear;
(v)
Sweat suits;
(vi)
See-through blouses or shirts;
(vii) Sports bras, halter tops, or similar attire;
(viii) Tank tops;
(ix)
Clothing that allows bare midriffs; or
(x)
Clothing that is ripped or stained.
1-6.
Termination. An OPC member’s appointment may be terminated in accordance with the
Boards, Committees and Commissions law.
(a)
Any member whose appointment is terminated by the Oneida Business
Committee after the adoption of these bylaws, as may be amended from
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time to time, shall not be eligible for re-appointment to the OPC for a
minimum of five (5) years following his or her termination.
1-7.
Trainings.
(a)
(b)
(c)
OPC members must complete the following training prior to participating
in any screenings, interviews and/or grievance hearings on behalf of the
OPC:
(1)
Four (4) hours of e-Learning on interview certification and four (4)
hours of orientation through the Oneida Human Resources
Department, which shall include:
(A)
EEO training;
(B)
Training on Tribal laws, rules and regulations; and
(C)
Training on the Oneida Personnel Policies and Procedures.
(2)
Training on the grievance process, which shall include:
(A)
A presentation developed by the Oneida Judicial System on
the Oneida Judiciary Rules of Civil Procedure, an estimated
three (3) hours in length;
(B)
Up to three (3) hours of training in formal opinion writing
and the basics of evidence; and
(C)
Two (2) hours of training in professional ethics, including
issues of confidentiality.
(3)
Any other training deemed necessary by the Oneida Business
Committee.
After serving on the OPC for one (1) year, all OPC members shall either
accumulate a minimum of eight (8) hours of training annually in the above
subject matter or shall review annually the lessons and materials connected
with the above subjects.
Completion of all training, including training under Section 1-7(b), shall be
confirmed by receipt of a certificate or some other written documentation
and kept on file with the OPC.
Article II. Officers
2-1. Officers.
There shall be a Chairperson, a Vice-Chairperson and a Secretary.
2-2.
Responsibilities of the Chairperson. The duties, responsibilities and limitations of the
Chairperson are as follows:
(a)
Shall preside over all meetings of the OPC;
(b)
Shall be a member of all subcommittees of the OPC, may call emergency
meetings, and shall keep the OPC informed as to the business of the OPC;
(c)
Shall, with the assistance of the Secretary, submit annual and semi-annual
reports to the General Tribal Council as required by the Boards, Committees
and Commissions law;
(d)
Shall, with the assistance of the Secretary, submit quarterly reports to the
Oneida Business Committee as required by the Boards, Committees and
Commissions law; and
(e)
Shall, with the assistance of the Secretary, forward notice of meeting
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location, agenda and materials in the manner prescribed herein.
2-3.
Responsibilities of the Vice-Chairperson. The duties, responsibilities and limitations of the
Vice-Chairperson are as follows:
(a)
In the absence of the Chairperson, shall conduct meetings of the OPC and
appoint a temporary Vice-Chairperson for those meetings; and
(b)
Shall work with the Chairperson in all matters that concern the OPC.
2-4.
Responsibilities of the Secretary. The duties, responsibilities and limitations of the
Secretary are as follows:
(a)
Shall keep accurate minutes and/or assure that accurate minutes are kept of
all OPC meetings as required by the Boards, Committees and Commissions
law and as further prescribed herein;
(b)
Along with the Chairperson, shall provide notice of regular, joint and
emergency meetings, as well as agendas and materials, in the manner
prescribed herein;
(c)
Shall act as custodian of the records;
(d)
Shall attend to, or ensure proper attendance to, all correspondence and
present to the OPC all official communications received by the OPC;
(e)
Shall, along with the Chairperson, submit annual and semi-annual reports
to the General Tribal Council, as well as quarterly reports to the Oneida
Business Committee as required by the Boards, Committees and
Commissions law; and
(g)
Shall work with the Business Committee Support Office to administer the
budget.
2-5.
Standing and Special Committees. Standing and special committees may be created when
deemed necessary by the OPC. In accordance with the Boards, Committees
and Commissions law, OPC members who attend any meetings of a
standing or special committee shall not be eligible to receive a stipend for
their attendance.
2-6.
Selection of Officers. Officers of the OPC shall be appointed by the OPC for two (2) year
terms. Officers may hold only one (1) officer position.
(a)
Each officer shall hold his or her office until:
(1)
The member resigns; or
(2)
The member has his or her appointment terminated in the manner
set forth in the Boards, Committees and Commissions law.
(b)
A vacancy of any officer position shall be filled by the OPC for the
unexpired term at the next regular or emergency meeting.
2-7.
Budgetary Sign-Off Authority and Travel.
(a)
Two (2) of the three (3) OPC Officers must sign-off on budgetary requests.
(b)
The OPC shall follow the Nation’s policies and procedures regarding
purchasing, travel and sign-off authority.
(c)
The OPC shall approve a member’s request to travel on behalf of the OPC
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(d)
2-8.
(a)
(b)
by a majority vote at a regular or emergency OPC meeting.
The OPC must review its budget on a monthly basis and have one or more
members in attendance at all budget meetings.
No Authorized Personnel. The OPC shall not be authorized to hire
personnel. The Oneida Business Committee Support Office and the Oneida
Human Resources Department shall assist the OPC
with administrative
duties relating to the
employee selection and grievance process..
(a)
The Oneida Human Resources Department shall be
responsible forprovide administrative assistance to the
OPC in regard to the hiring and selection of employees, which shall
include, but is not limited to, scheduling of employee pre-screens and
interviews.
, and coordinating OPC members to conduct hiring
and selection activities.
The Oneida Human Resources Department shall provide administrative
support to the OPC in regard to employee grievance hearings, including, but
not limited to, accepting filings on behalf of the OPC, scheduling hearings,
coordinating OPC members to serve as the hearing body, and providing a
hearing room.
Article III. Meetings
3-1. Regular Meetings. Regular meetings shall occur on a monthly-basis. The regular meeting
time, place and agenda shall be determined by the OPC at a regular meeting.
If no alternative designation is made by the OPC, the regular meeting shall
be the last Tuesday of every month. Notice of meeting location, agenda and
materials shall be forwarded by the Chairperson with the assistance of the
Secretary. Meetings shall run in accordance with Robert’s Rules of Order
or another method approved by the Oneida Business Committee. Meetings
shall comply with the Nation’s Open Records and Open Meetings law.
3-2.
Emergency Meetings. Emergency meetings shall only be called when time sensitive issues
require immediate action. Emergency meetings of the OPC may be called
by the Chairperson or upon written request of any two (2) members. Notice
of the meeting location, agenda and materials shall be forwarded by the
Chairperson with the assistance of the Secretary.
(a)
Within seventy-two (72) hours after an emergency meeting, the OPC shall
provide the Nation’s Secretary with notice of the meeting, the reason for the
emergency meeting, and an explanation of why the matter could not wait
for a regular meeting.
3-3.
Joint Meetings. Joint meetings with the Oneida Business Committee shall be held in March
and September of each year. Notice of the meeting location, agenda and
materials shall be forwarded by the Chairperson with the assistance of the
Secretary.
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3-4.
Quorum.
3-5.
Order of Business. The regular meetings of the OPC shall follow the order of business as
set out herein:
(a)
Call to Order
(b)
Roll Call
(c)
Approving of Previous Meeting Minutes
(d)
Reports
(e)
Old Business
(f)
New Business
(g)
Adjournment
3-6.
Voting.
(a)
(b)
A majority of the OPC members shall constitute a quorum for the
transaction of business, which shall include the Chairperson or ViceChairperson.
Voting shall be in accordance with the simple majority vote of the OPC
members present at a duly called meeting.
The Chairperson shall vote only in case of a tie.
The OPC is permitted to e-poll; provided, it does so in accordance with the
procedures set forth in the Boards, Committees and Commissions law.
Article IV. Expectations
4-1. Behavior of Members. Members are expected to treat each other in accordance with the
Nation’s core values of The Good Mind as expressed by On<yote>a=ka,
which includes:
(a)
Kahletsyal&sla. The heart felt encouragement of the best in each of us.
(b)
Kanolukhw@sla. Compassion, caring, identity, and joy of being.
(c)
Ka>nikuhli=y%. The openness of the good spirit and mind.
(d)
Ka>tshatst^sla. The strength of belief and vision as a People.
(e)
Kalihwi=y%. The use of the good words about ourselves, our Nation, and our
future.
(f)
Twahwahts$lay<. All of us are family.
(g)
Yukwats$stay<. Our fire, our spirit within each one of us.
Failure to treat each other with respect shall be cause for a recommendation
for termination from the OPC. Appointed members of the OPC serve at the
discretion of the Oneida Business Committee. Upon the recommendation of
a member of the Oneida Business Committee or the OPC, a member of the
OPC may have his or her appointment terminated by the Oneida Business
Committee.
4-2.
Prohibition of Violence. Intentionally violent acts committed by a member of the OPC that
inflicts, attempts to inflict, or threatens to inflict emotional or bodily harm
on another person, or damage to property during a meeting or when acting
in an official capacity are strictly prohibited and grounds for an immediate
recommendation for termination of appointment from the OPC and/or the
imposition of sanctions and/or penalties according to laws and policies of
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the Nation.
4-3.
Drug and Alcohol Use. Use of alcohol and prohibited drugs by a member of the OPC when
acting in his or her official capacity is strictly prohibited. Prohibited drugs
are defined as marijuana, cocaine, opiates, amphetamines, phencyclidine
(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other
substance included in Schedules I through V, as defined by Section 812 of
Title 21 of the United States Code. This also includes prescription
medication or over-the-counter medicine used in an unauthorized or
unlawful manner.
4-4.
Social Media. OPC members shall abide by the Nation’s Social Media Policy. OPC
members shall further refrain from posting, attaching or writing anything
relating to OPC business or activities on any social media outlet except for
notices of meetings and notices of meeting cancellations.
4-5.
Conflict of Interest. OPC members shall abide by all laws of the Nation governing conflicts
of interest. Members must submit a Conflict of Interest Disclosure form
upon Oath of Office and annually.
Article V. Stipends and Compensation
5-1. Stipends.
OPC members are eligible for the following stipends as set forth in the
Boards, Committees and Commissions law and resolution BC-09-26-18-D,
titled Boards, Committees and Commissions Law Stipends:
(a)
One (1) monthly meeting stipend.
(b)
One (1) stipend per day for participating in interviews and/or job description
pre-screens conducted by the Human Resources Department.
(c)
Stipends for holding grievance hearings.
(d)
Stipends for Judiciary hearings.
(1)
A member of the OPC may receive a stipend for attending an Oneida
Judiciary hearing if that member is specifically subpoenaed.
(e)
Stipend for each full day of training that is required by law, bylaw or
resolution.
(f)
A member shall receive a stipend for his or her attendance at a duly called
joint meeting as defined under the Boards, Committees and Commissions
law.
5-2.
Compensation. OPC members are not eligible for any other type of compensation for duties
/activities they perform as members of the OPC.
(a)
OPC members shall not act in any other official or personal business
capacity or on behalf of any other entity or individual while acting in the
capacity of an OPC member or on behalf of the OPC.
Article VI. Records and Reporting
6-1. Agenda Items. Agendas shall be maintained in a consistent format as identified in Article
III, Section 3-5 of these bylaws.
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6-2.
Minutes.
All minutes shall be typed in a consistent format and shall be submitted to
the Oneida Business Committee Support Office within thirty (30) days after
approval by the OPC.
6-3.
Attachments. Handouts, attachments, memoranda, etc. shall be attached to the
corresponding minutes and the agenda, minutes and attachments shall be
kept electronically by the Oneida Business Committee Support Office.
6-4.
Oneida Business Committee Liaison. The OPC shall regularly communicate with the
Oneida Business Committee member who is their designated liaison. The
frequency and method of communication shall be agreed upon by the OPC
and the Liaison.
6-5.
Audio Recordings. The OPC shall audio record meetings and submit the recordings to the
Oneida Business Committee Support Office within two (2) business days
for purposes of maintaining the audio records.
(a)
Audio recordings of executive session portions of a meeting are not
required.
Article VII. Amendments
7-1. Amendments to Bylaws. Any amendments to these bylaws shall conform to the
requirements of the Boards, Committees and Commissions law and any
other policy of the Nation. Amendments to these bylaws shall be approved
by the Oneida Business Committee prior to implementation.
(a)
The OPC shall review these bylaws from time to time as needed, but no less
than each time a vacancy on the OPC is filled by a new member.
These By-laws, as amended and revised, are hereby approved by the Oneida Business Committee
at a duly called meeting held on January 9,_______, 2019, signed by the Tribal Secretary of the
Oneida
Business Committee.
_______________________________
Oneida Tribal Secretary
Oneida Business Committee
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Oneida Personnel Commission Bylaws Amendments
Legislative Analysis
SECTION 1. EXECUTIVE SUMMARY
REQUESTER:
DRAFTER:
ANALYST:
Legislative Operating
Clorissa N. Santiago
Brandon Wisneski
Committee
Intent of the
To clarify that the Human Resources Department (HRD) is
Amendments
responsible for providing administrative support to the Oneida
Personnel Commission (OPC) and to outline the specific duties HRD
will perform;
To add a reference to Resolution BC-09-26-18-F, which provides a
process for how employee grievance cases will be transferred to and
accepted by the OPC once commissioners are appointed and trained;
To add updated references to the Nation’s Judiciary laws for clarity
regarding appeals;
To add a requirement that the Oneida Personnel Commission review
their bylaws on a regular basis.
Purpose
The purpose of the Oneida Personnel Commission (OPC) is to represent
the community-at-large in the selection of the Nation’s employees and to
shield those employees from inconsistent and unfair treatment by:
Protecting against issues of nepotism;
Enforcing Oneida and Indian preference;
Hearing and deciding appeals of disciplinary action filed by
employees of the Nation;
Carrying out all other powers and duties delegated by laws of the
Nation [see OPC Bylaws 1-3].
Related Legislation Personnel Policies and Procedures (Blue Book); Oneida Judiciary Rules
of Civil Procedure; Boards, Committees and Commissions law; Judiciary
law.
Enforcement/Due
An OPC member’s appointment may be terminated in accordance with
Process
the Boards, Committees and Commissions law [see 1 O.C. 105.7-4].
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SECTION 2. BACKGROUND
A. Bylaws provide a framework for the operation and management of a board, committee or
commission of the Nation, the government of its members and the regulation of its affairs [see
1 O.C. 105.3-1(d)].
B. The Oneida Personnel Commission’s bylaws were most recently amended by the Oneida
Business Committee on January 9, 2019. Since that time, the Oneida Business Committee
determined that additional changes were needed to clarify who is responsible for providing
administrative support to the Personnel Commission.
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C. The Oneida Personnel Commission bylaws were added to the Active Files List on March 4,
2019 for further amendments.
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SECTION 3. COMPLIANCE WITH THE BOARDS, COMMITTEES AND COMMISSIONS LAW
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A. These bylaws comply with the requirements of the Boards, Committees and Commissions Law
[see 1 O.C. 105.10].
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SECTION 4. AMENDMENTS
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The following provides a summary of the proposed changes to the bylaws:
A. Oneida Personnel Commission Duties – Hiring & Selection. The Oneida Personnel
Commission is responsible for participating in the Nation’s hiring and selection process, as
required by the Personnel Policies and Procedures. A reference to these duties was added for
clarity [see OPC Bylaws 1-5(e)(3)].
B. Oneida Personnel Commission Duties – Grievance Hearings. One of the Oneida Personnel
Commission’s duties is to conduct employee grievance hearings in accordance with the
Personnel Policies and Procedures and Oneida Judiciary Rules of Civil Procedure. This section
has been amended to add a reference Resolution BC-09-26-18-F titled, “Rescission of the
Dissolution of the Oneida Personnel Commission and Related Emergency Amendments in
Accordance with General Tribal Council’s August 27, 2018 Directive” [see OPC Bylaws 15(e)(4)]. This resolution includes the following relevant information:
A process for how interviews and grievance hearings will be conducted until Personnel
Commissioners are appointed, trained and prepared to assume their duties;
A process for how any existing cases will be transferred to the Oneida Personnel
Commission once the Personnel Commission is prepared to accept cases;
Directives to the Nation’s departments, including Oneida Human Resources Department
(HRD) and the Business Committee Support Office, to provide administrative support to
the Personnel Commission.
C. Administrative Support Provided by HRD. Under the current bylaws, the Oneida Personnel
Commission is not authorized to hire personnel. Administrative duties are provided by the
Oneida Human Resources Department (HRD) and the Business Committee Support Office.
These amendments provide additional clarification regarding the specific duties that HRD will
provide to the Oneida Personnel Commission:
Hiring and Selection of Employees. HRD will provide administrative assistance including,
but not limited to: scheduling of pre-screens and interviews and coordinating OPC
members to conduct hiring and selection activities [see OPC Bylaws 2-8(a)].
Grievance Hearings. HRD will accept grievance filings on behalf of the Oneida Personnel
Commission; schedule grievance hearings; coordinate Oneida Personnel Commission
members to serve as a hearing body; and provide a hearing room for the Oneida Personnel
Commission to conduct grievance hearings [see OPC Bylaws 2-8(b)].
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D. Future Amendments. A new provision has been added requiring members of the Oneida
Personnel Commission to review their bylaws from time to time, including each time a vacancy
is filled. The Oneida Business Committee has requested that this standard language be added
to the bylaws of every board, committee and commission as they come up for amendment [see
OPC Bylaws 7-1(a)].
E. Updated References to Judiciary Laws. In the section regarding appeals of Oneida Personnel
Commission decisions to the Judiciary, specific references to the Judiciary Law and Rules of
Appellate Procedure were added for clarity [see OPC Bylaws 1-5(e)(4)].
Although the Personnel Policies and Procedures state that the decision of the Oneida
Personnel Commission shall be final [see Personnel Policies and Procedures - Section
V(D)(6)(b)(7), the Judiciary law provides that case law precedent set by the Oneida
Appeals Commission/Oneida Tribal Judicial System, including the acceptance of appeals
from Personnel Commission decisions, shall remain precedent [see 8 O.C. 801.2-6].
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There is a conflict between the proposed bylaw amendments and a resolution previously adopted
by the Oneida Business Committee:
A. Resolution BC-09-26-18-F Rescission of the Dissolution of the OPC. This resolution
rescinded the dissolution of the Oneida Personnel Commission and directed the Judiciary Trial
Court to provide administrative support to the Oneida Personnel Commission for grievance
hearings. That resolution conflicts with these bylaws, which state that HRD will provide
administrative support.
Chart 1. Comparison of Administrative Support to OPC
Personnel Commission Resolution BC-09-26-18-F
Bylaws (draft)
Who is responsible for
Oneida Human Resources Judiciary Trial Court
providing administrative
Department (HRD)
support to the Oneida
Personnel Commission for the
employee grievance process?
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Conclusion: At the time this analysis was drafted, it is the LOC’s intent to amend the resolution
to clarify that HRD, not the Judiciary, will provide administrative support to the Personnel
Commission [see BC Resolution 09-26-18-F].
There are no other conflicts between the proposed bylaw amendments and any of the Nation’s
laws. Below is a summary of relevant laws that apply to or reference the Personnel Commission:
B. Personnel Policies and Procedures. The Personnel Policies and Procedures, also known as
“the blue book,” describes the Oneida Personnel Commission’s responsibilities with regard to
the hiring and selection of employees and employee grievance hearings:
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Hiring and Selection of Employees. The Personnel Policies and Procedures provides the
following with regard to the hiring and selection of employees:
o Hiring Procedures: The Oneida Personnel Commission represents the Oneida
Community-at large in the selection of employees. The OPC is directed to seek
out the best-matched applicants for each available position and consider only jobrelated factors when selecting applicants [See Personnel Policies and Procedures
- Section III(B)].
o Screening of Applicants: One (1) member of the Oneida Personnel Commission
participates in the screening committee to conduct screening of applicants. [See
Personnel Policies and Procedures - Section III(B)].
o Candidate Interviews: Two (2) members of the Oneida Personnel Commission
participate in the interview committee to interview candidates. [See Personnel
Policies and Procedures - Section III(B)].
Employee Grievance Process: Decisions of the Area Manager regarding employee
grievances may be appealed to the Oneida Personnel Commission. The Personnel Policies
and Procedures outline the hearing process for conducting employee grievance hearings.
[See Personnel Policies and Procedures - Section V(D)(6)].
o The OPC bylaws require the Oneida Personnel Commission to conduct grievance
hearings in accordance with the Oneida Personnel Policies and Procedures, in
addition to the Oneida Judiciary Rules of Civil Procedures and resolution BC-0926-18-F.
C. Rules of Civil Procedure. The Rules of Civil Procedure state that the Rules of Civil Procedure
shall apply to proceedings conducted by the Oneida Personnel Commission, except where the
Personnel Policies and Procedures are more specific [see 803.4-6].
This means that the Personnel Commission must first and foremost follow the process
outlined in the Personnel Policies and Procedures. However, if the Personnel Policies and
Procedures do not include details regarding a certain process, the Personnel Commission
will next look to the Rules of Civil Procedure. For example, the Personnel Policies and
Procedures do not describe the order of presentation during a hearing, so the Personnel
Commission would utilize the order of presentation in the Rules of Civil Procedure.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Legislative Operating Committee
March 20, 2019
Domestic Animals Law Amendments
Submission Date: 9/19/18
LOC Sponsor: Jennifer Webster
Public Meeting: 3/11/19
Emergency Enacted: n/a
Summary: This is a request to make necessary changes and updates to the law in regard to issues
with violations, enforcement and appeals, procedure at hearings, restitution, citations, and viscous and
dangerous dogs.
9/19/18 LOC: Motion by Jennifer Webster to add the Domestic Animals Ordinance to the active files list and
assign Jennifer Webster as the Sponsor; seconded by Daniel Guzman King. Motion carried
unanimously.
10/5/18:
Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Kelly McAndrews, Eric
Boulanger, Michelle Myers, Jeff Mears, Vanessa Miller, Steve Linskens, Laura Manthe. The
purpose of this work meeting was to begin identifying potential amendments that can be made
to the law, and discussing areas that could benefit from further discussion.
10/23/18:
Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Kelly McAndrews, Jeff
Mears, Vanessa Miller, Steve Linskens, Laura Manthe, Brenda Haen, Eric Krawczyk. The
purpose of this work meeting was to finish reviewing the law and discussing potential
amendments that could be made.
11/9/18:
Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Jeff Mears, Vanessa Miller,
Steve Linskens, Jennifer Falck, Eric Boulanger, Michelle Myers. The purpose of this work
meeting was to review research that was completed, and discuss parking lot issues. The LRO
will update the draft and schedule another work group meeting before the draft is presented to
the LOC.
12/13/18:
Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Eric Boulanger, Chad
Wilson, Laura Manthe, Steve Linskens, Shad Webster, Patrick Pelky. The purpose of this work
meeting was to review and discuss the proposed draft of the amendments before the draft is
presented to the LOC for consideration.
12/19/18:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens III,
Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was
to review the proposed draft created by the work group, and determine the next steps for
moving forward. Attorney will update the draft, and a legislative analysis will be completed.
1/16/19 LOC: Motion by Jennifer Webster to accept the draft and the legislative analysis of the amendments
to the Domestic Animals law and defer these items to a work meeting for further consideration;
seconded by Ernest Stevens III. Motion carried unanimously.
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1/16/19:
Work Meeting. Present: Jennifer Webster, Kirby Metoxen, Daniel Guzman, Ernest Stevens III,
Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to review the
policy considerations contained in the legislative analysis.
1/25/19:
Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Jennifer Falck, Shad
Webster, Eric Boulanger, Steve Linskens, Michelle Meyers, Vanessa Miller, Jeff Mears. The
purpose of this work meeting was to review and discuss the fine, penalty, and licensing fee
schedule resolution, discuss complaints received from the community, and discuss fiscal
impacts.
2/6/19 LOC:
Motion by Jennifer Webster to approve the public meeting packet and direct that a public
meeting for the amendments to the Domestic Animals law be held on Monday, March 11, 2019;
seconded by Kirby Metoxen. Motion carried unanimously.
2/26/19:
Work Meeting. Present: Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Eric
Boulanger, Joel Maxam, Shad Webster, Jeff Mears, Steve Linskens. The purpose of this work
meeting was to discuss: 1) the timeframe to adoption of the proposed amendments and the
various deadlines required for that; 2) what is required in the fiscal impact statements that each
department will be completing for the LOC; and 3) implementation and any tasks that will need
to be completed for the law to be successfully implemented.
3/8/19:
Work Meeting. Present: Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Joel Maxam,
Steve Linskens, Vanessa Miller, Jacy Rasmussen. The purpose of this work meeting was to
discuss the various standard operating procedures that will have to be created based on the
proposed amendments and what department will be responsible for the development of each
one. During this work meeting potential fiscal impacts and the development of fiscal impact
statements were also discussed.
3/11/19:
Public Meeting Held.
Next Steps:
Approve the fiscal impact statement memorandum and forward to the Environmental Health, Safety,
and Land Division, Environmental Resource Board, Oneida Police Department, Oneida Nation
Judiciary, and Oneida Land Commission directing that a fiscal impact statement of the proposed
amendments to the Domestic Animals law be prepared and submitted to the Legislative Operating
Committee by April 19, 2019.
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r'\
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
000000
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
TO :
FROM:
DATE:
RE:
Jeff Mears, Environmental Health, Safety, and Land Division, Environmental Area
Manager
Eric Boulanger, Oneida Police Depattment, Chief of Police
James Wilson, Environmental Resource Board, Chai1man
Raeann Skenandore, Oneida Nation Judiciary, Court Administrator
Rae M. Skenandore, Oneida Land Commission, Chairwoman ,t\ ~ ~
David P. Jordan, Legislative Operating Committee Chairman ~
March 20, 2019
Domestic Animals Law Amendments Fiscal Impact Statement
f
The Legislative Operating Committee (LOC) is currently developing amendments to the Domestic
Animals law. Every proposed law or amendments to a law are required to have a fiscal impact
statement. The fiscal impact statement is an estimate of the total fiscal year financial effects
associated with the proposed amendments, and can include:
• staitup costs;
• personnel;
• office costs;
• documentation costs; and
• an estimate of the amount of time necessary for an individual or agency to comply with the
law after implementation. [1 O.C. 109.3-1(c)}.
The fiscal impact statement must be completed and submitted to the LOC prior to the proposed
amendments being forwarded to the Oneida Business Committee for consideration. [1 0. C. 109. 62}. The fiscal impact statement provides the Oneida Business Committee information on what the
potential adoption of the proposed amendments will cost the Nation, so that the Oneida Business
Committee can determine if adoption of the proposed legislation is in the best interest of the
Nation.
The Legislative Procedures Act grants the LOC the authority to direct any agency to submit a fiscal
impact statement, particularly those agencies who may administer a program if the legislation is
enacted and may have financial information concerning the subject matter of the legislation. [1
o.c. 109.6-1}.
For the amendments to the Domestic Animals law, the LOC is directing all depaitments involved
in the execution of the Domestic Animals law to provide fiscal impact statements identifying and
isolating any additional costs that may be incmTed as a direct result of the adoption of the proposed
amendments to the Domestic Animals law
A clean and redline copy of the proposed amendments to the Domestic Animals law, as well as
the legislative analysis, have been attached to this email for your convenience.
Requested Action
Provide a fiscal impact statement of the amendments to the Domestic Animals law to the
Legislative Operating Committee by April 19, 2019.
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Title 3. Health and Public Safety - Chapter 304
DOMESTIC ANIMALS
K@tse>na Olihw@=ke
matters concerning the pet animals
304.1. Purpose and Policy
304.2. Adoption, Amendment, Conflicts
304.3. Definitions
304.4. Jurisdiction
304.5. Licensing, Authority, Investigation, Responsibilities and
Enforcement Powers
304.6. Requirements for Dogs and Cats
Treatment of Animals
304.7. Treatment of AnimalsDogs and Cats
304.8. Prohibited AnimalsLivestock
304.9. Regulation of LivestockHens
304.10. Dangerous Animals and ViciousProhibited Animals
304.11. Violations, Enforcement and AppealsDangerous Animals
304.12. Owner Liability
304.13. Enforcement of Violations
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304.1.
Purpose and Policy
304.1-1. Purpose. The purpose of this law is to:
(a) protect the health, safety, and welfare of the community by requiring certain basic
measures to prevent the spread of disease carried by domestic animals;
(b) set minimum standards for the treatment of animals;
(c) prohibit certain species of animals from being brought onto the Reservation;
(d) regulate the keeping of livestock on lots zoned residential within the Reservation; and
(e) establish consequences for damages caused by domestic animals.
304.1-2. Policy. It is the policy of the Nation to protect the health, safety, and welfare of the
community by:
(a) requiring certain basic measures to prevent the spread of disease carried by domestic
animals;
(b) establishing requirements for licensing domestic animals, and
(c) regulating the types of animals which may be kept as domestic animals.
304.2.
Adoption, Amendment, Repeal
304.2-1. This law was adopted by Oneida Business Committee by resolution BC-03-13-96-B and
amended by resolutions BC-06-22-11-G and, BC-06-28-17-B., and BC-__-__-__-__.
304.2-2. This law may be amended or repealed by the Oneida Business Committee and/or
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
304.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity doesshall not affect other provisions of this law which are
considered to have legal force without the invalid portions.
304.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
304.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.
304.3.
Definitions
304.3-1. This section governsshall govern the definitions of words and phrases used within this
law. All words not defined herein are toshall be used in their ordinary and everyday sense.
(a) “District Quarantine” means a rabid or otherwise diseased Domestic Animaldomestic
animal is suspected or known to be within a discernible area and all such animals
reasonably suspected of being infected are subject to enforced isolation for a period of time
to limit or prevent the spread of disease or infection and during which time said animals
are tested for diseases, including rabies.
3 O.C. 304 – Page 1
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(b) “Domestic animals” means dogs, cats, ferrets, rabbits, guinea pigs, turtles, birds,
pigeons, hamsters, non-venomous reptiles, amphibians, and arachnids, and all other
animals commonly owned as household pets, provided that domestic animals specifically
excludes exotic animals as identified in section 304.8-2.
(c(b) “Fine” means a monetary punishment issued to a person violating this law and/or
the rules created pursuant to this law..
(d) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
(c) “Hen” means a female chicken (Gallus gallus domesticus).
(d) “Livestock” means any equine (i.e. horse, donkey, etc.), bovine (i.e. cow, steer, heifer,
etc.), sheep, goat, pig, or domestic fowl, including game fowl raised in captivity.
(e) “Nation” means the Oneida Nation.
(f) “Owner” means any person who owns, harbors, keeps, controls or acts as a caretaker
for an animal. Absent evidence of alternative adult ownership, this law presumes that
domestic animals are owned by the adult homeowner or renter.
(g) “Penalty” means a punishment, other than a fine, imposed on a person violating this
law and/or the rules created pursuant to this law and may include, but is not limited to, the
confiscation of wildlife with return of the same at the discretion of the JudiciaryTrial Court
and restitution.
(h) “Reservation” means all the property within the exterior boundaries of the Reservation
of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566,
and any lands added thereto pursuant to federal law.
(i(i) “Residential household” means a residential lot, except for those residential lots
designed as multi-family lots, in which each family unit within the lot constitutes a separate
household.
(j) “Tethering” means the act of fastening an animal to a stationary object while unattended
so that the animal can only range within a set radius. Tethering does not include the use of
a leash to walk an animal.
(k) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the
judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B to administer the judicial authorities and responsibilities of the Nation.
(l) “Quarantine” means the act of keeping an animal in enforced isolation for a period of
time to limit or prevent the spread of disease or infection and during which time said animal
is tested for diseases, including rabies.
(j) “Tribal member” means an enrolled member of the Nation.
304.4.
Jurisdiction
304.4-1. Personal Jurisdiction. This law applies to:
(a) All Tribal members of the Nation; the Nation’s entities and corporations; and members
of other federally-recognized tribes.
(b) Individuals and businesses leasing, occupying or otherwise using fee land owned by
the Nation or by individual Tribal members of the Nation; and/or lands held in trust on
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behalf of the Nation or individual Tribal members of the Nation.
(c) Individuals who have consented to the jurisdiction of the Nation or as otherwise
consistent with federal law. For the purposes of this subsection, anAn individual shall be
considered to have consented to the jurisdiction of the Nation:
(1) By entering into a consensual relationship with the Nation, or with the Nation’s
entities, corporations, or Tribal members of the Nation, including but not limited to
contracts or other agreements; or
(2) By other facts which manifest an intent to consent to the authority of the Nation,
including failure to raise an objection to the exercise of personal jurisdiction in a
timely manner.
304.4-2. Territorial Jurisdiction. This law extends within the Reservation to all land owned by
the Nation and individual Tribal member trust and/or fee land of a member of the Nation.
304.5.
Authority
304.5-1. General. This law governs the keeping of all domestic animals which are commonly
owned as household pets. Domestic animals include, but are not limited to dogs, cats, ferrets,
rabbits, guinea pigs, turtles, birds, pigeons, hamsters, non-venomous reptiles, amphibians, and
arachnids.
(a) Domestic animals do not include prohibited exotic animals as identified in section
304.10-2.
304.5-2. Authority of the Oneida Police Department. and Conservation Department. Oneida
Police Officers and Conservation Wardens shall have the authority to:
(a) investigate complaints involving domestic animals;
(b) enforce the provisions of this law through appropriate means, including but not limited
to:
(1) seizing any animal:
(A) that is taken, employed, used, or possessed in violation of this law;
and/or
(B) mistreated, rabid or otherwise in danger or dangerous.;
(2) issuing citations consistent with the fine and penalty schedule developed
according to section 304.5-2. in accordance with this law; and
(3) using force, up to and including lethal force, to stop an immediate threat to
public safety caused by an animal.
(A) Where lethal force is used, such execution shall be conducted in as
humane manner as possible and, to the extent feasible, avoids damage to the
animal’s head for the purpose of rabies testing.
304.5-2. General Rulemaking Authority.304.5-3. Fine, Penalty, and Licensing Fee Schedule.
The Environmental, Health and, Safety, and Land Division and the Environmental Resource Board
are hereby delegated joint rulemaking authority to establish and maintain:
(develop a) A fine and, penalty, and licensing fee schedule;
(b)
A. The fine, penalty, and licensing fee schedule; and shall be adopted by the Oneida
Business Committee by resolution.
(c) Other rules as necessary to enforce and implement this law.
3 O.C. 304 – Page 3
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304.5-4. 304.5-3.
Disease Investigation and Quarantine Rulemaking Authority.. The
Environmental, Health and, Safety, and Land Division, the Emergency Management Coordinator,
and the Comprehensive Health Division are hereby delegated joint rulemaking authority to
establish rulesstandard operating procedures related to disease investigations and quarantines.
304.5-5. 304.5-4.
Issuance of Licenses. The Environmental, Health and, Safety, and Land
Division shall make all decisions related to the issuance of a license and/or permit in accordance
with this law, unless otherwise noted.
304.6.
Treatment of Animals
304.6-1. Food and Water. An owner shall provide an animal with a daily supply of food and
water sufficient to maintain the animal in good health.
304.6-2. Shelter. An owner shall meet the minimum standards for indoor and outdoor shelter for
an animal. All shelter shall be structurally sound and maintained in good repair to protect the
animal from injury and to contain the animal.
(a) Minimum indoor standards of shelter. Minimum standards for indoor shelter include
the following:
(1) Temperature. The ambient temperature of the indoor shelter shall be
compatible with the health of the animal.
(2) Ventilation. Indoor shelter facilities shall be adequately ventilated by natural
or mechanical means to provide for the health of the animal at all times.
(b) Minimum outdoor standards of shelter. Minimum standards for outdoor shelter include
the following:
(1) Shelter from Sunlight. When sunlight is likely to cause heat exhaustion of an
animal tied or caged outside, sufficient shade by natural or artificial means shall be
provided to protect the animal from direct sunlight. Caged does not include farm
fencing used to confine livestock.
(2) Climatic Conditions. Natural or artificial shelter appropriate to the local
climatic conditions for the animal concerned shall be provided as necessary for the
health of the animal.
(3) Adverse Weather. If an animal is tied or confined unattended outdoors under
weather conditions which adversely affect the health of the animal, a weather
appropriate shelter of suitable size to accommodate the animal shall be provided.
(c) Space Standards. Enclosures shall be constructed and maintained so as to provide
sufficient space to allow each animal adequate freedom of movement. Inadequate space
may be indicated by evidence of debility, stress, or abnormal behavior patterns.
(1) Dog Kennels. Dog kennels shall meet the following space requirements where,
if there are multiple dogs in the same kennel, the base kennel space requirement is
based on the size of the largest dog and the additional kennel space requirements
are based on the size of each additional dog kept in the kennel:
(A) Dog Size Between One and Thirty-Five Pounds. A dog that weighs
between one (1) and thirty-five (35) pounds shall have a required base
kennel space of sixty (60) square feet. Required additional kennel space per
additional dog of this size is twelve (12) square feet.
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(B) Dog Size Between Thirty-Six and Seventy-Five Pounds. A dog that
weighs between thirty-six (36) and seventy-five (75) pounds shall have a
required base kennel space of eighty (80) square feet. Required additional
kennel space per additional dog of this size is eighteen (18) square feet.
(C) Dog Size Seventy-Six Pounds or Greater. A dog that weighs seventysix (76) pounds or more shall have a required base kennel space of one
hundred (100) square feet. Required additional kennel space per additional
dog of this size is twenty-four (24) square feet.
(d) Sanitation Standards. An owner shall meet the minimum standards of sanitation for
both indoor and outdoor shelter. Minimum sanitation standards require waste matter from
the animal to be removed within twenty-four (24) hours of its deposit.
(e) Shelter Exception for Livestock. In the case of livestock kept on farms on land zoned
agricultural, nothing in this section shall be construed as imposing shelter requirements or
standards more stringent than normally accepted husbandry practices.
304.6-3. Tethering. If a kennel or enclosed yard is not available, an owner may tether an
unsupervised animal as long as the owner meets the following conditions:
(a) the tether is connected to the animal with a buckle type collar or body harness made of
nylon or leather not less than one inch (1”) in width and at least two inches (2”) greater in
diameter than the animal’s neck or torso;
(1) The use of a choke collar, prong collar head harness, or other similar type of
head harness or collar shall be prohibited for the use of tethering.
(b) the tether is at least twelve feet (12’) long and allows the animal to move in all
directions unimpeded;
(c) the total weight of the tether does not exceed ten percent (10%) of the animal’s body
weight;
(d) the animal is tethered so as to prevent injury, strangulation, or entanglement, and allows
the animal access to water and shelter;
(e) the tethered animal is not sick, injured, or nursing;
(f) the animal is not tethered on any vacant property or land or with an unoccupied
dwelling; and
(g) the animal is not tethered in a manner that allows the animal to cross onto public space
or property of others.
304.6-4. Mistreatment of Animals. No person may treat any animal in a manner which causes
harm, injury or death. This section does not apply to:
(a) normal and accepted veterinary and/or care practices; or
(b) teaching, research or experimentation conducted at a facility regulated under federal or
applicable state law.
304.6-5. Mandatory Reporting. An employee of the Nation shall report any animal mistreatment
witnessed during the regular course of his or her employment with the Nation to the Oneida Police
Department and any other appropriate entity.
304.7.
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304.6.
Requirements for Dogs and Cats
304.7-1. 304.6-1.
License Required. An annual An owner shall be required to obtain a license
is required to keepfor any dog or cat over five (5) months of age. or older on an annual basis.
(a) License Period. The license year commencesshall commence on January 1st and
endsend on December 31st. of every year.
(b) License Eligibility. To be eligible for a license, the owner shall provide:
(1) the licensing fee; and
(2) proof of current rabies vaccination.
(b) (c) Placement of License Tag. Upon the receipt of a license the owner shall be provided
a license tag for the dog or cat. The owner shall securely attach the license tag to the
animal’s collar and shall require the animal wear the collar at all times, provided that this
requirement does not apply to dogs or cats:.
(1)
(1) Exception. A dog or cat shall not be required to wear the collar if the
dog or cat is:
(A) hunting or actively involved in herding or controlling livestock if the
animal is under control of its owner;
(2)
B) within the owner’s residence and/or securely confined in a
fenced area; and/or
(3)
C) being shown during a competition.
304.67-2. Rabies Vaccinations Required. RabiesAn owner shall be required to obtain a rabies
vaccination is required for any dog or cat five (5) months of age or older.
304.7-3. Limit on the Number of Dogs and Cats. An individual may keep no more than two (2)
dogs or three (3) cats; and a total of no more than four (4) dogs and cats combined; in a single
residential household.
(a) Exception. The limit on the number of dogs and cats a person may keep or possess does
not apply to a person who:
(1) is eligible for any grandfather provisions included in this law’s adopting
resolution;
(2) keeps or possesses a litter of pups or kittens, or a portion of a litter, for a period
not exceeding five (5) months from birth;
(3) resides on property zoned agricultural; and/or
(4) obtains a permit for the additional dog or cat.
(b) Permit for Additional Dogs or Cats. A person may keep more than two (2) dogs or
three cats (3) in a single residential household if the owner obtains a permit from the
Environmental, Health, Safety, and Land Division for the additional animal. The
application for the permit must be signed by the owner and contain the signature of the
landowner of the residential household if the landowner is not the applicant.
(1) By seeking a permit for an additional dog or cat the owner agrees that he or she
shall reduce the number of licensed dogs or cats on the premises if there are two (2)
or more nuisance complaints against the residential household within one (1)
calendar year caused by, or related to, the number of dogs or cats housed on the
premises.
(2) If two (2) or more nuisance complaints are received against the residential
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household due to the number of dogs or cats housed on the premises, the owner
shall reduce the number of animals within thirty (30) days.
304.7-4. Running at Large. An owner shall not allow a dog or cat to run at large by being any
place except upon the premises of the owner, unless the dog or cat is crated, penned, or on a leash
under the control of a person physically able to control the animal.
(a) A stray dog or cat running at large may be referred to the Oneida Police Department or
Oneida Conservation Department.
(b) When an Oneida Police Officer or Oneida Conservation Warden finds a dog or cat
running at large, the officer and/or warden shall, if possible, pick up and impound such
animal.
(c) Whenever any impounded animal bears an identification mark, such as a collar with
identification tags or license tag, the owner shall be notified as soon as reasonably possible.
304.7-5. Nuisance. An Oneida Police Officer or Oneida Conservation Warden may pick up and
impound a dog or cat that has been found to be a nuisance. A dog or cat shall be found to be a
nuisance if the actions of the dog or cat:
(a) resulted in two (2) or more verified disturbances due to excessive barking and/or other
noise by the animal, or the animal running at large; and/or
(b) resulted in one (1) or more verified disturbance due to threatening behavior by the
animal running at large.
304.7-6. Investigations for Suspected Animal Bites. The owner shall notify the Oneida Police
Department in the event the owner’s cat or dog bites a human or another domestic animal.
(a) The responding Oneida Police Officer or Oneida Conservation Warden shall:
(1) Ascertain whether the domestic animal is properly licensed and has current
vaccinations.
(2) Ensure all information provided is correct.
(3) Contact the Environmental, Health, Safety and Land Division to provide
notification of the domestic animal bite.
(4) If the cat or dog has current rabies vaccinations, order the owner to:
(A) Quarantine the animal for ten (10) days; and
(B) Present the animal for examination by a veterinarian within twentyfour (24) hours of the bite, on the last day of quarantine and on one (1) day
in between the first twenty-four (24) hours and the tenth (10th) day.
(5) If the cat or dog does not have current rabies vaccination, order the owner to:
(A) Quarantine the animal for ten (10) days or deliver the animal to an
isolation facility at the owner’s expense. If a home quarantine is ordered,
the owner shall present the domestic animal for examination by a
veterinarian within twenty-four (24) hours of the bite, on the last day of
quarantine and on one (1) day in between the first twenty-four (24) hours
and the tenth (10th) day; or
(B) Euthanize the animal and send the specimen for analysis at the owner’s
expense, if the animal has exhibited any signs of rabies.
(b) Upon expiration of a quarantine period, a veterinarian may extend the quarantine
period. Upon expiration of all quarantine periods, if the veterinarian certifies that the
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animal has not exhibited any signs of rabies, the animal may be released from quarantine.
(c) If the veterinarian certifies that the animal has exhibited any signs of rabies the
following shall occur:
(1) If the animal has current rabies vaccinations, the Oneida Police Officer or
Oneida Conservation Warden may order the animal to be euthanized and send the
specimen for analysis, to be paid for by the Nation.
6-3(2) If the animal does not have current rabies vaccinations, the Oneida Police
Officer or Oneida Conservation Warden may order the animal to be euthanized and
send the specimen for analysis at the owner’s expense.
304.7-7. District Quarantine. A district quarantine may be initiated in accordance with the
quarantine rules and may be initiated by by staff designated by the Environmental, Health and,
Safety, and Land Division, an Oneida Police Officer, an Oneida Conservation Warden, and/or a
Public Health Officer.
(a) If an area is subject to a District Quarantinedistrict quarantine for rabies, all dogs and
cats within the district shall be kept securely confined, tied, leashed or muzzled. Any dog
or cat not confined, tied, leashed or muzzled is a public nuisance and may be impounded.
All Oneida Police Officers and Oneida Conservation Wardens shall cooperate in the
enforcement of the Quarantinequarantine.
(b) An animal that is immunized against rabies as evidenced by a valid certificate of rabies
vaccination or other evidence is exempt from the district quarantine provisions of this
section.
304.6-4.
Dogs
304.8. Livestock
304.8-1. An owner shall obtain a conditional use permit from the Oneida Land Commission in
order to keep livestock on land zoned residential.
304.8-2. Limitations on Livestock. Livestock kept on land zoned residential are subject to the
following limitations:
(a) One (1) large animal per one (1) acre. Examples of large animals include, but are not
limited to, horses, cows, and pigs.
(b) One (1) small animal per one-half (½) acre. Examples of small animals include, but
are not limited to, goats, and sheep.
(c) One (1) goat or sheep per recorded lot under one-half (½) acre when setback
requirements can be met.
304.8-3. Liability for Damage Caused by Livestock at Large. Any person whose livestock
escapes from its normal confined area and becomes at large is responsible for any and all damage
to persons and property caused by such livestock while it is away from its normal confined area.
and Cats Running at Large. It is unlawful for any dog or cat owner to permit the animal to be at
any place except upon the premises of the owner, unless it is crated, penned, or on a leash under
the control of a person physically able to control the animal. In addition, a nuisance dog or cat
may be picked up by Oneida Police Officers or Oneida Conservation Wardens. For the purposes
of this law, a nuisance dog or cat is one whose actions result in two (2) or more verified
disturbances due to excessive barking and/or running loose or one (1) or more verified disturbance
due to threatening behavior by a loose dog or cat.
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(a) Stray dogs and cats shall be referred to the Oneida Police Department or Oneida
Conservation Department.
(b) Whenever any Oneida Police Officer, Oneida Conservation Warden, or other person
designated by the Chief of Police finds any dog or cat running at large, the officer/warden
shall, if possible, pick up, and impound such animal.
(c) Whenever any impounded animal bears an identification mark, such as a collar with
identification tags or license tag, the owner shall be notified as soon as reasonably possible.
304.
304.9. Hens
304.9-1. Hen Permit. An owner shall obtain a conditional use permit from the Oneida Land
Commission Division in order to keep hens on land zoned residential.
304.9-2. Prohibition of Roosters. An owner shall not keep a rooster on land zoned residential.
304.9-3.6-5. Limit on Number of Dogs and Cats. Except as provided in (a), no more than three
(3) dogs or three (3) cats; and a total of no more than five (5) dogs and cats combined; may be kept
or possessed by a single residential household. For the purposes of this law, each residential lot,
excluding residential lots designed as multi-family lots, constitutes a separate residential
household. In cases of multi-family lots, each family unit within the lot constitutes a separate
household.
(a) Exception. Limit on the Number of Hens Allowed. The limit on the number of dogs and
cats a person may keep or possess does not apply to those persons who:
(1) are eligible for any grandfather provisions included this law’s adopting
resolution(s);
(2) keep or possess a litter of pups or kittens or a portion of a litter for a period not
exceeding five (5) months from birth; and/or
(3) residehens an owner may keep is dependent on a farm.
304.7.
Treatment of Animals
304.7-1. Food and Water. No owner may refuse or neglect to provide an animal with a daily
supply of food and water sufficient to maintain the animal in good health.
304.7-2. Shelter.
(a) Minimum indoor standards of shelter:
(1) The ambient temperature shall be compatible with the health of the animal.
(2) Indoor housing facilities shall be adequately ventilated by natural or mechanical
means to provide for the health of the animals at all times.
(b) Minimum outdoor standards of shelter:
(1) Shelter from Sunlight. When sunlight is likely to cause heat exhaustion of an
animal tied or caged outside, sufficient shade by natural or artificial means shall be
provided to protect the animal from direct sunlight. “Caged” does not include farm
fencing used to confine farm animals.
(2) Natural or artificial shelter appropriate to the local climatic conditions for the
species concerned shall be provided as necessary for the health of the animal.
(3)
If a dog is tied or confined unattended outdoors under weather conditions which
adversely affect the health of the dog, a weather appropriate shelter of suitable the size to
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accommodate the dog shall be providedof the residential lot.
(c)Space(a) An owner may to keep up to four (4) hens on a residential lot that is two (2)
acres in size or smaller.
(b) An owner may keep up to eight (8) hens on a residential lot two (2) acres in size or
larger.
304.9-4. Standards. Minimum space requirements for both indoor and outdoor enclosures:
(1) The housing facilitiesKeeping Hens. An owner shall be structurally sound and
maintainedkeep hens in good repair to protect the animals from injury and to
contain the animals.
(2)
Enclosures shall be constructed and maintained so as to provide sufficient space to allow
each animal adequate freedom of movement. Inadequate space may be indicated by evidence of
debility, stress or abnormal behavior patterns. Specifically, dog kennels shall meet the following
space requirements where, if there are multiple dogs in the same kennel, the base kennel space
requirement is based on the size of the largest dog and the additional kennel space requirements
are based on the size of each additional dog kept in the kennelmanner:
DOG SIZE (LBS)
REQUIRED BASE KENNEL
SPACE
REQUIRED ADDITIONAL
KENNEL SPACE PER
ADDITIONAL DOG
1-35 lbs
36-75 lbs
76 lbs or more
80 Sq. Ft.
100 Sq. Ft.
120 Sq. Ft.
12 Sq. Ft.
18 Sq. Ft.
24 Sq. Ft.
(d) Sanitation Standards. Minimum standards of sanitation for both indoor and outdoor
enclosures require excreta to be removed within twenty-four (24) hours of its deposit. In
the case of farm animals, nothing in this section shall be construed as imposing shelter
requirements or standards more stringent than normally accepted husbandry practices.
304.7-3. Mistreatment of Animals. No person may treat any animal in a manner which causes
harm, injury or death. This section does not apply to:
(a) normal and accepted veterinary and/or care practices; or
(b) teaching, research or experimentation conducted at a facility regulated under federal or
applicable state law.
304.7-4. Criminal Reporting. In addition to taking civil action under this law, any employee of
the Nation shall report animal mistreatment to the Oneida Police Department.
304.8.(a) No person shall keep a hen over eight (8) weeks of age in a principal structure.
(b) Hens shall be kept within a structure such as a coop or fenced area used exclusively to
keep hens and shall provide at least four (4) square feet of space per hen.
(c) No accessory structure used to keep hens shall be located within twenty-five feet (25’)
of any principal structure which is not owned by the person permitted to keep the hens.
(d) No accessory structure used to keep hens shall be located in a front or side yard.
(e) All hens shall be kept and handled in a sanitary manner to prevent the spread of
communicable diseases amongst birds or to humans.
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304.9-5. Prohibition of Nuisance Hens. No owner may keep hens that cause any other nuisance
associated with unhealthy conditions, create a public health threat, or otherwise interfere with the
normal use of property or enjoyment of life by humans or animals.
304.10. Prohibited Animals
304.8-1. Prohibited Animals. 304.10-1. No person mayshall bring into, keep, harbor,
maintain, offer for sale or barter, act as a custodian, have custody or control of, or release to the
wild on the Reservation an exotica prohibited animal.
304.810-2.
ExoticProhibited Animals. TheProhibited animals include the following orders and
families, whether bred in the wild or in captivity, and any or all hybrids are defined as “Exotic
Animals”. . The animals listed in parentheses are intended to act as examples and are not to be
construed as an exhaustive list or limit the generality of each group of animals, unless otherwise
specified:
(a) Class Mammalia.
(1) Order Chiroptera (Any . This includes all bat species).
(2) Order Artiodactyla, (Hippopotamuses. This includes hippopotamuses, giraffes,
camels, and deer) Excluding, but does not include domestic cattle, swine, sheep,
goats, alpaca, and llama as exotic animals.
(3) Order Carnivora.
(A) Family Felidae. (LionsThis includes lions, tigers, cougars, leopards,
ocelots, and servals) Excluding, but does not include domestic cats as
exotic animals.
(B) Family Canidae (Wolves. This includes wolves, wolf hybrids, coyotes,
coyote hybrids, foxes, and jackals) Excluding, but does not include
domestic dogs as exotic animals.
(C) Family Ursidae. (All This includes all bears).
(D) Family Mustelidae. (WeaselsThis includes weasels, skunks, martins,
and minks) Excluding, but does not include ferrets as exotic animals.
(E) Family Procyonidae. (Raccoons, This includes raccoons, and coatis).
(F) Family Hyaenidae. (Hyenas)This includes hyenas.
(G) Family Viverridae (Civets.
This includes civets, genets, and
mongooses).
(4) Order Edentatia. (AnteatersThis includes anteaters, armadillos, and sloths).
(5) Order Marsupialia. (OpossumsThis includes opossums, kangaroos, wallabies,
and sugar gliders).
(6) Order Perissodactyla. (Rhinoceroses,This includes rhinoceroses, and tapirs)
Excluding, but does not include horses, goats, and mules as exotic animals.
(7) Order Primates. (LemursThis includes lemurs, monkeys, chimpanzees, and
gorillas).
(8)
Order Proboscidae. (Elephants)This includes elephants.
(9)
Order Rodentia. (SquirrelsThis includes squirrels, beavers, porcupines,
and prairie dogs) Excluding, but does not include guinea pigs, rats, mice, gerbils,
and hamsters as exotic animals.
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(b) Class Reptilia.
(1) Order Squamata.
(A) Family Helodermatidae. (This includes Gila Monstersmonsters and
Mexican beaded lizards).
(B) Family Varaidae. (AnyThis includes any monitor lizard which will
normally grow over two feet in length).
(C) Family Iguanaidae. (OnlyThis includes green iguanas and rock
iguanas, all others allowed)but does not include all other types of iguanas
which are not green or rock iguanas.
(D) Family Boidae. (AllThis includes all species whose adult length may
exceed eight (8) feet).
(E) Family Colubridae. (BoomslangsThis includes boomslangs and
African twig snakes).
(F) Family Elapidae. (CoralThis includes coral snakes, cobras, and
mambas).
(G) Family Nactricidae. (OnlyThis includes keelback snakes, all others
allowed)but does not include all other snakes not keelback.
(H) Family Viperidae.
(CopperheadsThis includes copperheads,
cottonmouths, and rattlesnakes).
(2) Order Crocodilia. (CrocodilesThis includes crocodiles, alligators, caimans,
and gavials).
(c) Class Aves.
(1) Order Falconiformes. (EaglesThis includes eagles, hawks, and vultures).
(2) Order Rheiformes. (Rheas)This includes rheas.
(3) Order Struthioniformes. (Ostriches)This includes ostriches.
(4) Order Casuariiformes. (CassowariesThis includes cassowaries and emus).
(5) Order Strigiformes. (Owls)This includes owls.
(d) Class Arachnida.
(1) Order Scorpiones,
(A) Family Buthidae. This includes scorpions.
(A) Arabian fat-tailed scorpion – Androctonus crassicauda
(B) Arizona centruroides scorpion – Centruroides exilicauda
(C) Death stalker – Leiurus quinquestriatus
(D) Egyptian yellow scorpion – Androctonus Amoreuxi
(E) Israeli black scorpion – Hottentotta judaicus
(F) S.A. giant fat-tailed scorpion – Parabuthus transvaalicus
(G) Sinai desert scorpion – Androctonus bicolor
(H) Yellow desert scorpion – Androctonus Australia
(2) Order Araneae,
(A) Family Theridadae.
(A) This includes the Argentina red widow spider – Latrodetus coralinus
(B) Brown, brown widow spider – Latrodectus geometicus
(C) Red, red-black widow – Lactrodectus hasselti
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(D) Red widow spider – Lactrodectus bishop
(E) Southern, red widow spider, southern black widow spider –
Lactrodectus mactans
(F)
, and Western widow – Lactrodectus Hesperusspider.
(3)
Order Araneae,(B) Family Laxoscelidae, BrownThis includes the
brown recluse spider – Loxosceles reclusa.
(e) Class Chilopoda.
(1) Order Scolopendromorpha,
(A) Family Scolopendridae. This includes centipedes.
(A) Amazon giant banded centipede – Scolopendra giganea
(B) Arizona tiger centipede – Scolopendra virdis
(C) Florida keys centipede – Solopendra alternans
(f) Any Federal or State endangered or threatened species.
304.810-3.
This section doesProhibited Animals Exception. The prohibition of certain animals
shall not apply to:
(a) Individuals who are eligible for any grandfather provisions included in this law’s
adopting resolution(s).(.
(b) Zoological parksA zoological park and/or sanctuary, an educational or medical
institution, and/or a specially trained entertainment organizationsorganization who
receivereceives a permit from the Oneida Conservation Department Environmental,
Health, Safety, and Land Division to own, harbor or possess the animals. prohibited
animal.
(1)
304.10-4. Prohibited Animal Permit. The Environmental, Health and, Safety, and
Land Division may issue a prohibited animal permit under this section if:
(A)
a) the animalsanimal and animal quarters are kept in a clean and sanitary
condition and maintained to eliminate objectionable odors; and
(B)
b) the animals areanimal is maintained in quarters so constructed as to prevent
theirits escape.
(2) If approved by the Oneida Conservation Department, wildlife
refuges/sanctuaries may release 304.10-5. Release of Prohibited Animals. The
Environmental, Health, Safety, and Land Division, may approve a wildlife refuge
and/or sanctuary to release prohibited animals within the Reservation without
applying for and receiving a permit as otherwise required under this Section.
304.8-4.
Seized Animals. Any animal seized as a prohibited animal permit.
304.10-6. Seizure of Prohibited Animals. An unpermitted prohibited animal may be seized by the
Oneida Police Department and/or the Oneida Conservation Department.
(a) A prohibited animal that is seized shall be held by the Oneida Police Department, the
Oneida Conservation Department, or its designee until that animal is identified to ascertain
whetherit can be determined if the animal is an “endangered or threatened species”
pursuant applicable laws..
(b) At any time after such identification, the Oneida Police Department and/or Oneida
Conservation Department may seek an order from a hearing body the Trial Court as to the
care, custody and control of the animal. The Oneida Conservation Department may also
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request the defendant to post a bond in an amount sufficient to satisfy the costs of holding,
housing and/or caring for the animal.
(c) If the hearing bodyTrial Court finds the animal has been taken, employed, used or
possessed in violation of this section, the owner shall be responsible for reimbursing the
Oneida Police Department and/or the Oneida Conservation Department for the cost of
holding the animal and any costs incurred in identifying the animals shall be assessed
against the defendantanimal.
304.8-510-7. Notice of Release or Escape. If an animal identified asThe owner of a prohibited
under this section isanimal that has been released or escapes, the owner of the animal shall
immediately notify the Oneida Police Department and/or the Oneida Conservation Department
and/or the Oneida Police Department and shall be liable for any cost of recapture of the animal.
304.10-8-6. Forfeiture of the Prohibited Animal. AnyoneAn owner found in violation of this
section shall forfeit or surrender the prohibited animal to the Oneida Police Department, Oneida
Conservation Department, or designee. Upon such forfeiture or surrender, the Judiciary Trial Court
may direct destruction or transfer of the animal to a qualified zoological, educational, or scientific
institution or qualified private propagator for safekeeping, with costs assessed against the
defendantowner.
304.9.
Regulation of Livestock
304.9-1. Livestock may only be kept on land zoned residential if a conditional use permit is
received from the Oneida Land Commission, however, not in excess of the following limitations:
(a) One (1) large animal per one (1) acre. Examples of large animals include, but are not
limited to horses, cows and pigs.
(b) One (1) small animal per one-half (½) acre. Examples of small animals include, but
are not limited to goats and sheep.
(c) One (1) goat or sheep per recorded lot under one-half (½) acre when setback
requirements can be met.
304.9-2. Liability for Damage Caused by Livestock. Any person whose livestock escapes from
its normal confined area and becomes at large is responsible for any and all damage to persons and
property caused by such livestock while it is away from its normal confined area.
11304.9-3.
Hens. A permit from the Oneida Conservation Department, based on the rules it
shall develop, is required in order to keep an excess of four (4) hens. Roosters may not be kept.
(a) Persons keeping hens shall keep them in the following manner:
(1) No person may keep a hen over eight (8) weeks of age in a principal structure.
(2) Hens shall be kept within a structure such as a coop or fenced area used
exclusively to keep hens and shall provide at least four (4) square feet per chicken.
(3) No accessory structure used to keep hens may be located within twenty-five
feet (25’) of any principal structure which is not owned by the person licensed to
possess the hens.
(4) No accessory structure used to keep hens may be located in a front or side yard.
(b) In addition to compliance with the requirements of this section, no person may keep
hens that cause any other nuisance associated with unhealthy condition, create a public
health threat or otherwise interfere with the normal use of property or enjoyment of life by
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humans or animals.
304.10. Dangerous Animals
304.1011-1. Classifying Dangerous Animals. Owners of animals meeting the definition ofNo
person shall own, keep, possess, return to or harbor a dangerous animal shall comply with the
requirements contained in section 304.10-2 for harboring dangerous animals.
(a)
For the purposes of this law, an. An animal isshall be presumed to be dangerous if itthe
animal:
(1a) approaches or chases a human being or domestic animal in a menacing fashion or
apparent attitude of attack, without provocation; or;
(2b) bites, inflicts injury, attacks, or otherwise endangers the safety of a human being or
domestic animal without provocation.;
(b) An animal may not be deemed a dangerous animal if it bites, attacked or menaces any
person or animal to:
(c) is suspected to be owned, trained or harbored for the purpose of dog fighting; and/or
(d) has been declared to be a dangerous animal and/or ordered to be destroyed in any other
jurisdiction.
304.11-2. Dangerous Animal Determination. An Oneida Police Officer or Oneida Conservation
Warden may determine an animal to be dangerous whenever, upon investigation, the officer finds
that the animal meets the definition of dangerous animal provided in section 304.11-1.
(a) Upon making a determination that an animal is dangerous, the Oneida Police Officer
or Oneida Conservation Warden shall issue a written order with an accompanying citation
declaring the animal to be dangerous.
(b) The citation and order shall be personally delivered to the apparent owner or custodian
of the dangerous animal.
(c) Upon receipt of the written order and accompanying citation the owner shall remove
the dangerous animal from the Reservation within three (3) business days.
304.11-3. Contesting a Dangerous Animal Determination. If the owner wishes to contest the
dangerous animal determination, he or she shall file with the Trial Court a written objection to the
order within three (3) business days of receipt of the order.
(a) The written objection shall include specific reasons for objecting to or contesting the
order. An owner may argue an animal should not be deemed dangerous due to the animal
biting, attacking or menacing any person and/or domestic animal because the animal was
acting to:
(1) defend its owner or another person from an attack by a person or animal;
(2) protect its young or another animal;
(3) defend itself against any person or animal which has tormented, assaulted or
abused it; and/or
(4) defend its owner’s property against trespassers.
(c) An Oneida Police Officer or Oneida Conservation Warden may, in his or her discretion,
declare an animal dangerous, provided that, a citation for a violation of this section may be
issued without having previously received such a declaration.
(d) An owner of an animal declared to be dangerous may appeal such declaration in
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accordance with section 304.12-2. All requirements for harboring dangerous animals in
section 304.10-2 except subsections (d)-(f) apply to the animal pendingb) Pending the
outcome of the hearing unless specifically stayed by, the animal shall be securely confined
in a humane manner either on the Judiciary.
304.10-2. Harboring Dangerous Animals. No person may harbor or keep a dangerous
animal within premises of the Reservation unless all provisions of this section are complied
with. Any animal that is determined to be a vicious animal in accordance with section
304.10-3 may not, under any circumstances, be kept or harbored withinowner or caretaker,
or with a licensed veterinarian. If confined on the Reservation.premises of the owner or
caretaker, the following requirements shall apply:
(a) 1) Leash and Muzzle. No person keeping or possessing owner shall permit a dangerous
animal may permit such animal to go outside its kennel or pen unless the animal is securely
leashedrestrained with a leash no longer than four feet (4’) in length.
(1) No person may permit a dangerous animal to be kept on a chain, rope or other
type of leash outside its kennel or pen unless by a person who is at least sixteen
(16) years of age or olderwho is in physical control of the leash, competent to
govern the animal and capable of physically controlling and restraining the animal
is in physical control of the . The owner shall not leash.
(2) The an animal may not be leashed to inanimate objects such as trees, posts and
buildings.
(3) A dangerousa tree, post, or building. When the animal is on a leash outside the
animal’s kennel must be muzzled, the owner shall muzzle the animal in a humane
way by a commercially available muzzling device sufficient to prevent the animal
from biting persons or other animals. The Environmental Health and Safety
Division, with approval of the Environmental Resource Board, may provide a
written exception excusing an otherwise dangerous animal from being muzzled. If
such a written exception is issued, it shall be carried by the animal’s owner at all
times. a person or other animal.
(b) 2) Confinement. Except when leashed and muzzled as provided in subsection (a)
above, allthe owner shall ensure the dangerous animals shall beanimal is securely confined
indoors or in a securely enclosed and locked pen or kennel that is located on the premises
of the owner and constructed in a manner that does not allow the animal to exit the pen or
kennel on its own volition.
(1) Confinement Outdoors. When constructed in an open yard, the pen or kennel
The owner shall, at a minimum, be constructed to conform to the requirements of
this subsection.
(A) The pen or kennel shall be child-proof from the outside and not permit
an animal-proof from the inside.
(B) A strong metal double fence with adequate space between fences (at
least two feet (2’) shall be provided so that a child cannot reach into the
animal enclosure.
(C) The pen, kennel or structure shall have secure sides and a secure top
attached to all sides.
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(D) A structure used to confine a dangerous animal shall be locked with a
key or combination lock when the animal is within the structure.
(E) The structure shall either have a secure bottom or floor attached to the
sides of the pen or the sides of the pen shall be embedded in the ground no
less than two feet (2’)
(F) All structures erected to house dangerous animals shall comply with the
requirements of all applicable laws and rules of the Nation.
(G) All structures shall be adequately lighted and ventilated and kept in a
clean and sanitary condition.
(2) Confinement Indoors. No dangerous animal may to be kept on a porch, patio,
or in any part of a house or structure on the premises of the owner that would allow
the animal to exit the building on its own volition. No dangerousThe owner shall
not permit the animal mayto be kept in a house or structure when the windows are
open or when screen windows or screen doors are the only obstacle preventing the
animal from exiting the structure.
(c) 3) Signs. The owner of a dangerous animal shall display, in prominent places
on his or her premises near all entrances to the premises, signs in letters of not less
than two inches (2”) high warning that there is a dangerous animal on the property.
A similar sign is required toshall be posted on the kennel or pen of the animal. In
addition, the owner shall conspicuously display a sign with a symbol warning
children of the presence of a dangerous animal.
(d) Spay and Neuter Requirement. If declared 4) Notification. The owner of a
dangerous animal shall notify the Oneida Police Department and/or the Oneida
Conservation Department immediately if the animal is at large, is unconfined, has
attacked another animal, or has attacked a person.
(c) If an owner or caretaker fails to follow the requirements for harboring a dangerous
animal pending a hearing, the animal may be impounded by anthe Oneida Police Officer
or Oneida Conservation Officer,Warden issuing the ownerdangerous animal
determination.
304.11-4. Dangerous Animal Determination Hearing. A hearing on the dangerous animal
determination shall be held within thirty (30fourteen (14) days after the declaration shall provide
the Environmental Resource Board with of submission of the written proof from a licensed
veterinarianobjection with the Trial Court. At the hearing, the Trial Court shall determine whether
the determination that the animal has been spayed or neutered.is dangerous should be
substantiated.
(e) Liability Insurance. If declared dangerous by an Oneida Police Officer or Oneida
Conservation Officer, the owner of the dangerous animal shall present proof to the
Environmental Resource Board(a) If the Trial Court concludes that the determination that
the animal is dangerous is substantiated, then the Trial Court shall issue an order that
mandates the animal be removed from the Reservation within forty-eight (48) hours of the
determination.
(1) The order shall contain the requirement that the owner has procured liability insurance
in an amount not less than $1,000,000 for any personal injuries inflicted by the dangerous
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animal. Whenever such a policy is cancelled or not renewed, the insurer shall so notify the
Environmental Resource Board.
(f) Microchipping. If declared dangerous by an Oneida Police Officer or Oneida
Conservation Officer, the owner of the dangerous animal shall provide proof to the
Environmental Resource Board that the dangerous animal has had a microchip inserted for
identification purposes within ten (10) calendars from the date the animal is declared
dangerous.
(g) Ongoing Notification Requirements. After an animal has been declared dangerous, the
owner shall have an ongoing duty to notify the Oneida Police Department:
(1) immediately if the dangerous animal is at large, is unconfined, has attacked
another animal or has attacked a human being; and
(2) within twenty-four (24) hours if athe dangerous animal has died, been sold or
been given away. If the dangerous animal has been sold or given away, the owner
shall also provide the name, address and telephone number of the new owner of the
dangerous animal. If the dangerous animal is sold or given away to a person
residing outside the Reservation or to a person or entity that falls outside of the
jurisdiction of this law, the owner shall present evidence to the Oneida Police
Department showing that he or she has notified the police department or other law
enforcement agency of the animal's new residence, including the name, address and
telephone number of the new owner. The Oneida Police Department shall forward
all such notifications to the Environmental Resource Board, Health, Safety and
Land Division within a reasonable amount of time.
(h) Waiver by the Environmental Resource Board. Upon request of an owner, the
Environmental Resource Board may waive any requirement specified in subsections (a)(f) that the Environmental Resource Board deems to be unnecessary for a particular
dangerous animal. The Environmental Resource Board may waive the provisions of
subsections (a)-(f) for a law enforcement or military animal upon presentation by the
animal's owner or handler of a satisfactory arrangement for safe keeping of the animal.
(i) Euthanasia. If the owner of an animal that has been designated a dangerous animal is
unwilling or unable to comply with the regulations for keeping the animal in accordance
with this section, he or she may have the animal humanely euthanized by an animal shelter,
the humane society or a licensed veterinarian.
304.10-3. Vicious Animals. No person may bring or keep within the Reservation any animal that
is a vicious animal under this section.
(a) Declaration of Vicious Animal. An Oneida Police Officer, Oneida Conservation
Warden and/or the Judiciary Trial Court may declare an animal to be a vicious animal if
the animal:
(1) Is a dangerous animal in noncompliance with the requirements under Section
304.10-2;
(2) Has killed a domestic animal or pet without provocation on public or private
property;
(3) Without provocation, has inflicted substantial bodily harm on a person on
public or private property where substantial bodily harm means bodily injury that
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causes a laceration that requires stiches, any fracture of a bone, a concussion, a loss
or fracture of a tooth or any temporary loss of consciousness, sight or hearing;
(4) Is suspected to be owned, trained or harbored for the purpose of dog fighting;
and/or
(5) Has been declared to be a vicious animal and/or ordered to be destroyed in any
other jurisdiction.
(b) Mandatory Hearing. The owner of an animal declared to be a vicious animal shall
attend a mandatory pre-hearing with the Judiciary Trial Court, the date for which shall be
included on the declaration of vicious animal. At the pre-hearing it may be determined that
mandatory attendance at Judiciary Trial Court hearing is also required if restitution is
appropriate. The pre-hearing and any hearings are subject to the requirements contained
in section 304.12-2.
(1) All requirements for harboring dangerous animals in section 304.10-2 except
subsections (d)-(f) apply to the said animal pending the outcome of the Judiciary
Trial Court’s pre-hearing and/or hearing.
(2) At the pre-hearing, the Judiciary Trial Court may require the animal to be
impounded pending the result of the hearing.
(3) The Judiciary Trial Court may order a vicious animal to be destroyed if it finds it was
so declared based on section 304.10-3(a)(3). If such an order is issued, the Judiciary(b)
The Trial Court may order a dangerous animal to be destroyed. If such an order is issued,
the Trial Court shall require the owner submit proof of destruction within five (5) business
days from a licensed veterinarian. If the owner does not satisfy these requirements, an
Oneida Police Officer and/or an Oneida Conservation Warden shall seize the animal and
enforce compliance at the cost of the owner.
(4) If the declaration of vicious animal is upheld upon appeal, the Judiciary Trial
Court shall order the animal to be removed from the Reservation. Such order shall
include the notification requirements contained in section 304.10-2(g) and provide
the owner with a reasonable timeframe for removing the animal from the
Reservation, provided that the timeframe may not exceed thirty (30) days after the
date of the Judiciary Trial Court’s decision.
(5) If the owner further appeals the (c) The Trial Court may mandate attendance at an
additional Trial Court hearing if restitution is appropriate.
304.11-5. Appeal of the Trial Court’s Decision. An appeal of the Trial Court’s decision on the
dangerous animal determination of the Judiciary Trial Courtmay be appealed to the
JudiciaryNation’s Court of Appeals, he or she shall submit the.
(a) An appeal shall be submitted to the Court of Appeals within five (5) business days
from the date of the Judiciary Trial Court’s decisions, which is a shorter timeframe than
required for all other appeals under this law.Trial Court’s decision.
(b) Upon an appeal to the Judiciary Court of Appeals, the requirement to order to remove
the animal from the Reservation or any order to destroy an animal is stayed pending the
outcome of the appeal.
(c) Enforcement. An Oneida Police Officer or Oneida Conservation Warden604.11-6.
Dangerous Animal Exception. The Trial Court may make any inquiries deemed necessary
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to ensure compliance with this section and may seizeprovide an exception to the dangerous
animal based on the owner’s failure to comply.
(d)
Waiver. The Judiciary may waive the provisions of this sectionlaw for a law
enforcement or military animal upon presentation by the animal'sanimal’s owner or handler of a
satisfactory arrangement for safe keeping of the animal.
304.10-4. Investigations for Suspected Domestic Animal Bites. The owner shall notify the Oneida
Police Department in the event the owner’s cat or dog bites a human or another domestic animal.
(a) The responding Oneida Police Officer or Oneida Conservation Warden shall:
(1) Ascertain whether the domestic animal is properly licensed and has current
vaccinations.
(2) Ensure all information provided is correct.
(3) Contact the Environmental, Health and Safety Division to notify them of the
domestic animal bite.
(4) If the cat or dog has current rabies vaccinations, order the owner to:
(A) Quarantine the animal for ten (10) days; and
(B) Present the animal for examination by a veterinarian within twenty-four
(24) hours of the bite, on the last day of quarantine and on one (1) day in
between the first twenty-four (24) hours and the tenth (10th) day.
(5) If the cat or dog does not have current rabies vaccination, order the owner to:
(A) Quarantine the animal for ten (10) days or deliver the animal to an
isolation facility at the owner’s expense. If a home quarantine is ordered,
the owner shall present the domestic animal for examination by a
veterinarian within twenty-four (24) hours of the bite, on the last day of
quarantine and on one (1) day in between the first twenty-four (24) hours
and the tenth (10th) day; or
(B) Euthanize the animal and send the specimen for analysis at the owner’s
expense, if the animal has exhibited any signs of rabies.
(b) Upon expiration of a quarantine period, a veterinarian may extend the quarantine
period. Upon expiration of all quarantine periods, if the veterinarian certifies that the
animal has not exhibited any signs of rabies, the animal may be released from quarantine.
(c) If the veterinarian certifies that the animal has exhibited any signs of rabies the
following shall occur:
(1) If the animal has current rabies vaccinations, the Oneida Police Officer or
Oneida Conservation Warden may order the animal to be euthanized and send the
specimen for analysis, to be paid for by the Nation.
(2) If the animal does not have current rabies vaccinations, the Oneida Police
Officer or Oneida Conservation Warden may order the animal to be euthanized and
send the specimen for analysis at the owner’s expense.
304.1112.
304.1112-1.
animal(s)..
Owner Liability for Domestic Animals
Owners areAn owner shall be liable for damages caused by theirhis or her domestic
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(a) First Offense. The owner is liable for the full amount of damages caused by the
domestic animal.
(b) Subsequent Offenses. The owner shall be liable for two (2) times the full amount of
damages caused by the domestic animal if the owner knew or should have known that the
domestic animal previously caused damages.
304.12. Violations,13. Enforcement and Appealsof Violations
304.1213-1.
Citations. Citations for the violation of this law and/or orders issued pursuant to
this law may include fines, penalties and conditional and other orders in accordance with the fine,
penalty, and licensing fee schedule developed under section 304.5-2. A separate offense shall be
deemed committed on each day during or on which a violation occurs or continues. .
(a) Any order issued pursuant to this law that is not complied with may be physically
enforced by Oneida Police Officers or Oneida Conservation Wardens at the Owner’s
expense.
(b) The Oneida Police Department, by means of Oneida Police Officers and Oneida
Conservation Wardens, is authorized to take any appropriate action to prevent or remove a
violation of this Law.
304.1213-2.
Citation Pre-Hearing and Appeals of Contested Actions.. All citations, orders and
declarations issued pursuant to this law shall include a pre-hearing date with the Judiciary Trial
Court which shall be set for the next scheduled monthly prehearing date that is at least thirty (30)
days after the citation was issued., excluding dangerous animal citations which shall follow the
process contained in section 304.11.
(a) Persons wishing to contest a citation shall appear at the prehearing, at which time the
Judiciary Trial Court shall accept pleas which either contest or admit committing the act
for which the citation was issued. The Judiciary
(b) In addition to scheduling requested hearings, the Trial Court may also make conditional
orders at the prehearing which are effective until the matter is resolved.
304.13-3. Citation Hearing. The Trial Court shall schedule a hearing as expeditiously as possible,
provided that it shall be scheduled within ninety (90) days of the date of the prehearing, for all
persons entering a plea contesting the fact that they committed the act for which a citation was
issued. In addition to scheduling requested hearings, the Judiciary may also make conditional
orders at the prehearing which are effective until the matter is resolved.
(a) Community Service. Community service may be substituted for monetary fines at the
Judiciary’s discretion, provided that, if so substituted, the Judiciary shall use the rate of one
(1) hour per ten dollars ($10) of the fine.
(b) Allocation of Citation Revenue. All citations shall be paid to the Environmental
Resource Board or its designee, the proceeds of which shall be contributed to General
Fund.
(c) Appealing the Decision of the Judiciary 304.13-4. Appeals of the Trial Court.Court’s
Determinations. Any person wishing to contest the determination of the Judiciary Trial Court
may appeal to the JudiciaryNation’s Court of Appeals in accordance with the Rules of Appellate
Procedure.
(d)
Pursuing Payment of a Citation. The Environmental Resource Board may pursue
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304.13-5. Fines. All fines shall be paid to the Trial Court. Cash shall not be accepted for payment
of fines. Money received from parties who have failedfines shall be contributed to the General
Fund.
(a) Fines shall be paid within ninety (90) days after the order is issued or upheld on final
appeal, whichever is later. If the fine is not paid by this deadline, the Trial Court may seek
to makecollect the required paymentsmoney owed through the Nation’s garnishment
process contained in the Garnishment law and/or by attaching the judgment to Tribal
member’s per capita attachment process.
(1) The ninety (90) day deadline for payment pursuant to the Per Capita law. of
fines may be extended if an alternative payment plan is approved by the Trial Court.
(b) Community service may be substituted for part or all of any fine at the minimum wage
rate of the Nation for each hour of community service.
End.
Adopted - BC-303-13-96-B
Amended – BC-06-22-11-G
Amended – BC-06-28-17-B
Amended – BC-__-__-__-__
3 O.C. 304 – Page 22
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Title 3. Health and Public Safety - Chapter 304
DOMESTIC ANIMALS
K@tse>na Olihw@=ke
matters concerning the pet animals
304.1.
304.2.
304.3.
304.4.
304.5.
304.6.
304.7.
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Purpose and Policy
Adoption, Amendment, Conflicts
Definitions
Jurisdiction
Authority
Treatment of Animals
Dogs and Cats
304.8. Livestock
304.9. Hens
304.10. Prohibited Animals
304.11. Dangerous Animals
304.12. Owner Liability
304.13. Enforcement of Violations
304.1. Purpose and Policy
304.1-1. Purpose. The purpose of this law is to:
(a) protect the health, safety, and welfare of the community by requiring certain basic
measures to prevent the spread of disease carried by domestic animals;
(b) set minimum standards for the treatment of animals;
(c) prohibit certain species of animals from being brought onto the Reservation;
(d) regulate the keeping of livestock on lots zoned residential within the Reservation; and
(e) establish consequences for damages caused by domestic animals.
304.1-2. Policy. It is the policy of the Nation to protect the health, safety, and welfare of the
community by:
(a) requiring certain basic measures to prevent the spread of disease carried by domestic
animals;
(b) establishing requirements for licensing domestic animals, and
(c) regulating the types of animals which may be kept as domestic animals.
304.2. Adoption, Amendment, Repeal
304.2-1. This law was adopted by Oneida Business Committee by resolution BC-03-13-96-B
and amended by resolutions BC-06-22-11-G, BC-06-28-17-B, and BC-__-__-__-__.
304.2-2. This law may be amended or repealed by the Oneida Business Committee and/or
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
304.2-3. Should a provision of this law or the application thereof to any person or
circumstances be held as invalid, such invalidity shall not affect other provisions of this law
which are considered to have legal force without the invalid portions.
304.2-4. In the event of a conflict between a provision of this law and a provision of another
law, the provisions of this law shall control.
304.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.
304.3. Definitions
304.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “District Quarantine” means a rabid or otherwise diseased domestic animal is
suspected or known to be within a discernible area and all such animals reasonably
suspected of being infected are subject to enforced isolation for a period of time to limit
or prevent the spread of disease or infection and during which time said animals are
tested for diseases, including rabies.
(b) “Fine” means a monetary punishment issued to a person violating this law.
(c) “Hen” means a female chicken (Gallus gallus domesticus).
(d) “Livestock” means any equine (i.e. horse, donkey, etc.), bovine (i.e. cow, steer,
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heifer, etc.), sheep, goat, pig.
(e) “Nation” means the Oneida Nation.
(f) “Owner” means any person who owns, harbors, keeps, controls or acts as a caretaker
for an animal. Absent evidence of alternative adult ownership, this law presumes that
domestic animals are owned by the adult homeowner or renter.
(g) “Penalty” means a punishment, other than a fine, imposed on a person violating this
law and/or the rules created pursuant to this law and may include, but is not limited to,
the confiscation of wildlife with return of the same at the discretion of the Trial Court and
restitution.
(h) “Reservation” means all the property within the exterior boundaries of the
Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida
7 Stat. 566, and any lands added thereto pursuant to federal law.
(i) “Residential household” means a residential lot, except for those residential lots
designed as multi-family lots, in which each family unit within the lot constitutes a
separate household.
(j) “Tethering” means the act of fastening an animal to a stationary object while
unattended so that the animal can only range within a set radius. Tethering does not
include the use of a leash to walk an animal.
(k) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the
judicial system that was established by Oneida General Tribal Council resolution GTC01-07-13-B to administer the judicial authorities and responsibilities of the Nation.
(l) “Quarantine” means the act of keeping an animal in enforced isolation for a period of
time to limit or prevent the spread of disease or infection and during which time said
animal is tested for diseases, including rabies.
304.4. Jurisdiction
304.4-1. Personal Jurisdiction. This law applies to:
(a) All members of the Nation; the Nation’s entities and corporations; and members of
other federally-recognized tribes.
(b) Individuals and businesses leasing, occupying or otherwise using fee land owned by
the Nation or by individual members of the Nation; and/or lands held in trust on behalf of
the Nation or individual members of the Nation.
(c) Individuals who have consented to the jurisdiction of the Nation or as otherwise
consistent with federal law. An individual shall be considered to have consented to the
jurisdiction of the Nation:
(1) By entering into a consensual relationship with the Nation, or with the
Nation’s entities, corporations, or members of the Nation, including but not
limited to contracts or other agreements; or
(2) By other facts which manifest an intent to consent to the authority of the
Nation, including failure to raise an objection to the exercise of personal
jurisdiction in a timely manner.
304.4-2. Territorial Jurisdiction. This law extends within the Reservation to all land owned by
the Nation and individual trust and/or fee land of a member of the Nation.
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304.5. Authority
304.5-1. General. This law governs the keeping of all domestic animals which are commonly
owned as household pets. Domestic animals include, but are not limited to dogs, cats, ferrets,
rabbits, guinea pigs, turtles, birds, pigeons, hamsters, non-venomous reptiles, amphibians, and
arachnids.
(a) Domestic animals do not include prohibited exotic animals as identified in section
304.10-2.
304.5-2. Authority of the Oneida Police Department and Conservation Department. Oneida
Police Officers and Conservation Wardens shall have the authority to:
(a) investigate complaints involving domestic animals;
(b) enforce the provisions of this law through appropriate means, including but not
limited to:
(1) seizing any animal that is taken, employed, used, or possessed in violation of
this law and/or mistreated, rabid or otherwise in danger or dangerous;
(2) issuing citations consistent with the fine and penalty schedule developed in
accordance with this law; and
(3) using force, up to and including lethal force, to stop an immediate threat to
public safety caused by an animal.
(A) Where lethal force is used, such execution shall be conducted in as
humane manner as possible and, to the extent feasible, avoids damage to
the animal’s head for the purpose of rabies testing.
304.5-3. Fine, Penalty, and Licensing Fee Schedule. The Environmental, Health, Safety, and
Land Division and the Environmental Resource Board are hereby delegated joint authority to
develop a fine, penalty, and licensing fee schedule. The fine, penalty, and licensing fee schedule
shall be adopted by the Oneida Business Committee by resolution.
304.5-4. Disease Investigation and Quarantine. The Environmental, Health, Safety, and Land
Division, the Emergency Management Coordinator, and the Comprehensive Health Division are
hereby delegated joint authority to establish standard operating procedures related to disease
investigations and quarantines.
304.5-5. Issuance of Licenses. The Environmental, Health, Safety, and Land Division shall
make all decisions related to the issuance of a license and/or permit in accordance with this law,
unless otherwise noted.
304.6.
Treatment of Animals
304.6-1. Food and Water. An owner shall provide an animal with a daily supply of food and
water sufficient to maintain the animal in good health.
304.6-2. Shelter. An owner shall meet the minimum standards for indoor and outdoor shelter
for an animal. All shelter shall be structurally sound and maintained in good repair to protect the
animal from injury and to contain the animal.
(a) Minimum indoor standards of shelter. Minimum standards for indoor shelter include
the following:
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(1) Temperature. The ambient temperature of the indoor shelter shall be
compatible with the health of the animal.
(2) Ventilation. Indoor shelter facilities shall be adequately ventilated by natural
or mechanical means to provide for the health of the animal at all times.
(b) Minimum outdoor standards of shelter. Minimum standards for outdoor shelter
include the following:
(1) Shelter from Sunlight. When sunlight is likely to cause heat exhaustion of an
animal tied or caged outside, sufficient shade by natural or artificial means shall
be provided to protect the animal from direct sunlight. Caged does not include
farm fencing used to confine livestock.
(2) Climatic Conditions. Natural or artificial shelter appropriate to the local
climatic conditions for the animal concerned shall be provided as necessary for
the health of the animal.
(3) Adverse Weather. If an animal is tied or confined unattended outdoors under
weather conditions which adversely affect the health of the animal, a weather
appropriate shelter of suitable size to accommodate the animal shall be provided.
(c) Space Standards. Enclosures shall be constructed and maintained so as to provide
sufficient space to allow each animal adequate freedom of movement. Inadequate space
may be indicated by evidence of debility, stress, or abnormal behavior patterns.
(1) Dog Kennels. Dog kennels shall meet the following space requirements
where, if there are multiple dogs in the same kennel, the base kennel space
requirement is based on the size of the largest dog and the additional kennel space
requirements are based on the size of each additional dog kept in the kennel:
(A) Dog Size Between One and Thirty-Five Pounds. A dog that weighs
between one (1) and thirty-five (35) pounds shall have a required base
kennel space of sixty (60) square feet. Required additional kennel space
per additional dog of this size is twelve (12) square feet.
(B) Dog Size Between Thirty-Six and Seventy-Five Pounds. A dog that
weighs between thirty-six (36) and seventy-five (75) pounds shall have a
required base kennel space of eighty (80) square feet. Required additional
kennel space per additional dog of this size is eighteen (18) square feet.
(C) Dog Size Seventy-Six Pounds or Greater. A dog that weighs seventysix (76) pounds or more shall have a required base kennel space of one
hundred (100) square feet. Required additional kennel space per additional
dog of this size is twenty-four (24) square feet.
(d) Sanitation Standards. An owner shall meet the minimum standards of sanitation for
both indoor and outdoor shelter. Minimum sanitation standards require waste matter from
the animal to be removed within twenty-four (24) hours of its deposit.
(e) Shelter Exception for Livestock. In the case of livestock kept on farms on land zoned
agricultural, nothing in this section shall be construed as imposing shelter requirements or
standards more stringent than normally accepted husbandry practices.
304.6-3. Tethering. If a kennel or enclosed yard is not available, an owner may tether an
unsupervised animal as long as the owner meets the following conditions:
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(a) the tether is connected to the animal with a buckle type collar or body harness made
of nylon or leather not less than one inch (1”) in width and at least two inches (2”) greater
in diameter than the animal’s neck or torso;
(1) The use of a choke collar, prong collar head harness, or other similar type of
head harness or collar shall be prohibited for the use of tethering.
(b) the tether is at least twelve feet (12’) long and allows the animal to move in all
directions unimpeded;
(c) the total weight of the tether does not exceed ten percent (10%) of the animal’s body
weight;
(d) the animal is tethered so as to prevent injury, strangulation, or entanglement, and
allows the animal access to water and shelter;
(e) the tethered animal is not sick, injured, or nursing;
(f) the animal is not tethered on any vacant property or land or with an unoccupied
dwelling; and
(g) the animal is not tethered in a manner that allows the animal to cross onto public
space or property of others.
304.6-4. Mistreatment of Animals. No person may treat any animal in a manner which causes
harm, injury or death. This section does not apply to:
(a) normal and accepted veterinary and/or care practices; or
(b) teaching, research or experimentation conducted at a facility regulated under federal
or applicable state law.
304.6-5. Mandatory Reporting. An employee of the Nation shall report any animal
mistreatment witnessed during the regular course of his or her employment with the Nation to
the Oneida Police Department and any other appropriate entity.
304.7. Dogs and Cats
304.7-1. License Required. An owner shall be required to obtain a license for any dog or cat
five (5) months of age or older on an annual basis.
(a) License Period. The license year shall commence on January 1st and end on
December 31st of every year.
(b) License Eligibility. To be eligible for a license, the owner shall provide:
(1) the licensing fee; and
(2) proof of current rabies vaccination.
(c) Placement of License Tag. Upon the receipt of a license the owner shall be provided
a license tag for the dog or cat. The owner shall securely attach the license tag to the
animal’s collar and shall require the animal wear the collar at all times.
(1) Exception. A dog or cat shall not be required to wear the collar if the dog or
cat is:
(A) hunting or actively involved in herding or controlling livestock if the
animal is under control of its owner;
(B) within the owner’s residence and/or securely confined in a fenced
area; and/or
(C) being shown during a competition.
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304.7-2. Rabies Vaccinations Required. An owner shall be required to obtain a rabies
vaccination for any dog or cat five (5) months of age or older.
304.7-3. Limit on the Number of Dogs and Cats. An individual may keep no more than two (2)
dogs or three (3) cats; and a total of no more than four (4) dogs and cats combined; in a single
residential household.
(a) Exception. The limit on the number of dogs and cats a person may keep or possess
does not apply to a person who:
(1) is eligible for any grandfather provisions included in this law’s adopting
resolution;
(2) keeps or possesses a litter of pups or kittens, or a portion of a litter, for a
period not exceeding five (5) months from birth;
(3) resides on property zoned agricultural; and/or
(4) obtains a permit for the additional dog or cat.
(b) Permit for Additional Dogs or Cats. A person may keep more than two (2) dogs or
three cats (3) in a single residential household if the owner obtains a permit from the
Environmental, Health, Safety, and Land Division for the additional animal. The
application for the permit must be signed by the owner and contain the signature of the
landowner of the residential household if the landowner is not the applicant.
(1) By seeking a permit for an additional dog or cat the owner agrees that he or
she shall reduce the number of licensed dogs or cats on the premises if there are
two (2) or more nuisance complaints against the residential household within one
(1) calendar year caused by, or related to, the number of dogs or cats housed on
the premises.
(2) If two (2) or more nuisance complaints are received against the residential
household due to the number of dogs or cats housed on the premises, the owner
shall reduce the number of animals within thirty (30) days.
304.7-4. Running at Large. An owner shall not allow a dog or cat to run at large by being any
place except upon the premises of the owner, unless the dog or cat is crated, penned, or on a
leash under the control of a person physically able to control the animal.
(a) A stray dog or cat running at large may be referred to the Oneida Police Department
or Oneida Conservation Department.
(b) When an Oneida Police Officer or Oneida Conservation Warden finds a dog or cat
running at large, the officer and/or warden shall, if possible, pick up and impound such
animal.
(c) Whenever any impounded animal bears an identification mark, such as a collar with
identification tags or license tag, the owner shall be notified as soon as reasonably
possible.
304.7-5. Nuisance. An Oneida Police Officer or Oneida Conservation Warden may pick up and
impound a dog or cat that has been found to be a nuisance. A dog or cat shall be found to be a
nuisance if the actions of the dog or cat:
(a) resulted in two (2) or more verified disturbances due to excessive barking and/or
other noise by the animal, or the animal running at large; and/or
(b) resulted in one (1) or more verified disturbance due to threatening behavior by the
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animal running at large.
304.7-6. Investigations for Suspected Animal Bites. The owner shall notify the Oneida Police
Department in the event the owner’s cat or dog bites a human or another domestic animal.
(a) The responding Oneida Police Officer or Oneida Conservation Warden shall:
(1) Ascertain whether the domestic animal is properly licensed and has current
vaccinations.
(2) Ensure all information provided is correct.
(3) Contact the Environmental, Health, Safety and Land Division to provide
notification of the domestic animal bite.
(4) If the cat or dog has current rabies vaccinations, order the owner to:
(A) Quarantine the animal for ten (10) days; and
(B) Present the animal for examination by a veterinarian within twentyfour (24) hours of the bite, on the last day of quarantine and on one (1) day
in between the first twenty-four (24) hours and the tenth (10th) day.
(5) If the cat or dog does not have current rabies vaccination, order the owner to:
(A) Quarantine the animal for ten (10) days or deliver the animal to an
isolation facility at the owner’s expense. If a home quarantine is ordered,
the owner shall present the domestic animal for examination by a
veterinarian within twenty-four (24) hours of the bite, on the last day of
quarantine and on one (1) day in between the first twenty-four (24) hours
and the tenth (10th) day; or
(B) Euthanize the animal and send the specimen for analysis at the
owner’s expense, if the animal has exhibited any signs of rabies.
(b) Upon expiration of a quarantine period, a veterinarian may extend the quarantine
period. Upon expiration of all quarantine periods, if the veterinarian certifies that the
animal has not exhibited any signs of rabies, the animal may be released from quarantine.
(c) If the veterinarian certifies that the animal has exhibited any signs of rabies the
following shall occur:
(1) If the animal has current rabies vaccinations, the Oneida Police Officer or
Oneida Conservation Warden may order the animal to be euthanized and send the
specimen for analysis, to be paid for by the Nation.
(2) If the animal does not have current rabies vaccin
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