Oneida Business Committee (2021)
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Public Packet
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Oneida Business Committee
Executive Session
9:30 AM Tuesday, September 07, 2021
Microsoft Teams
Regular Meeting
8:30 AM Wednesday, September 08, 2021
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.
Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members
of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and
present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.
NOTICE
Effective August 20, 2021, the Norbert Hill Center Administrative Offices are closed to the public;
this include OBC meetings. Any person who has comments or questions regarding open session
items may submit them via e-mail to the OBC at Secretary@oneidanation.org no later than the
close of business the day before the OBC meeting. Any comments or questions received shall be
noticed to the OBC and entered into the record as a handout by the Business Committee Support
Office. The meeting will also be conducted using Microsoft Teams, please contact the BC Support
Office at 920-869-4364 for instructions on how to join virtually.
The decision to close Norbert Hill Center Administrative Offices to the public is due to both the
rise in COVID-19 cases throughout both Brown and Outagamie Counites, as well as to ensure
compliance with protocols relating to public access to the Oneida Nation High School.
I.
CALL TO ORDER
II.
OPENING
III.
ADOPT THE AGENDA
Oneida Business Committee
Regular Meeting Agenda
Page 1 of 6
September 08, 2021
Public Packet
IV.
V.
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OATH OF OFFICE
A.
Anna John Resident Centered Care Community Board - Patricia Moore
Sponsor: Lisa Liggins, Secretary
B.
Oneida Nation Veterans Affairs Committee - Arthur Cornelius, Benjamin Skenandore
Sponsor: Lisa Liggins, Secretary
C.
Oneida Trust Enrollment Committee - Jennifer Hill-Kelley
Sponsor: Lisa Liggins, Secretary
D.
Oneida Land Commission - Frederick Muscavitch
Sponsor: Lisa Liggins, Secretary
E.
Oneida Police Department - Officer Jessica Trimberger and Officer Jose Deras
Sponsor: Richard Van Boxtel, Chair/Oneida Police Commission
F.
Judiciary - Court of Appeals - Michele Doxtator
Sponsor: Lisa Liggins, Secretary
MINUTES
A.
VI.
Approve the August 25, 2021, regular Business Committee meeting minutes
Sponsor: Lisa Liggins, Secretary
RESOLUTIONS
A.
Adopt resolution entitled Adoption of the Public Peace Law
Sponsor: David P. Jordan, Councilman
B.
Adopt resolution entitled Public Peace Law Citation Schedule
Sponsor: David P. Jordan, Councilman
Oneida Business Committee
Regular Meeting Agenda
Page 2 of 6
September 08, 2021
Public Packet
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STANDING COMMITTEES
A.
VIII.
X.
1.
Accept the August 18, 2021, regular Legislative Operating Committee meeting
minutes
Sponsor: David P. Jordan, Councilman
2.
Adopt Leasing law rule # 5 - Tribal Housing Reacquisition of Individual Fee
and Trust Title (THRIFTT)
Sponsor: David P. Jordan, Councilman
3.
Adopt amendments to Leasing law rule # 6 - Homeownership by Independent
Purchase (HIP) Program
Sponsor: David P. Jordan, Councilman
STANDING ITEMS
A.
IX.
LEGISLATIVE OPERATING COMMITTEE
ARPA FRF Updates and Requests/Proposals (No submissions to consider)
TRAVEL REPORTS
A.
Approve the travel report - Chairman Tehassi Hill and Vice-Chairman Brandon
Stevens - National Indian Gaming Tradeshow & Convention - Las Vegas, NV - July
19-23, 2021
Sponsor: Tehassi Hill, Chairman
B.
Approve the travel report - Councilman Kirby Metoxen - National Indian Gaming
Tradeshow & Convention - Las Vegas, NV - July 19-22, 2021
Sponsor: Kirby Metoxen, Councilman
TRAVEL REQUESTS
A.
Approve the travel request - Treasurer Tina Danforth - NAFOA 2021 Fall Finance &
Economies Conference - San Antonio, TX - September 25-29, 2021
Sponsor: Tina Danforth, Treasurer
B.
Approve the travel request - Chairman Tehassi Hill - Meeting with U.S. Interior
Secretary Haaland - Washington DC - September 28, 2021
Sponsor: Tehassi Hill, Chairman
Oneida Business Committee
Regular Meeting Agenda
Page 3 of 6
September 08, 2021
Public Packet
XI.
XII.
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NEW BUSINESS
A.
Consider requests made in the dissertation entitled Oneida college lacrosse
perspectives of the sacred game of lacrosse (9/8 - 10:00 a.m.)
Sponsor: Dr. Thomas Reed PhD, Tribal Member
B.
Consider request for an APRA food card distribution in November and December
2021
Sponsor: Nancy Barton, Tribal Member
C.
Approve Debra Miller to participate as a panelist for a Dementia in Indian Country
caregiver support Extension for Community Health Care Outcomes (ECHO)
Sponsor: Mark W. Powless, General Manager
D.
Enter the e-poll results into the record regarding the Chairman’s recommendation
for the Nation's Authorized Representatives for ARPA FRF reporting
Sponsor: Lisa Liggins, Secretary
REPORTS
A.
XIII.
CORPORATE BOARDS
1.
Accept the Bay Bancorporation Inc. FY-2021 3rd quarter report
Sponsor: Jeff Bowman, President/Bay Bank
2.
Accept the Oneida ESC Group, LLC FY-2021 3rd quarter report
Sponsor: John Breuninger, Chair/Oneida ESC Group, LLC
3.
Accept the Oneida Airport Hotel Corporation FY-2021 3rd quarter executive
report
Sponsor: Kathy Hughes, Chair/Oneida Airport Hotel Corporation
4.
Accept the Oneida Golf Enterprise FY-2021 3rd quarter report
Sponsor: James Petitjean, Agent/Oneida Golf Enterprise
GENERAL TRIBAL COUNCIL
A.
Reschedule the December 13, 2021 tentatively schedule General Tribal Council
meeting
Sponsor: Lisa Liggins, Secretary
B.
Accept General Tribal Council safety assessment Update #1 and determine next
steps
Sponsor: Lisa Liggins, Secretary
Oneida Business Committee
Regular Meeting Agenda
Page 4 of 6
September 08, 2021
Public Packet
XIV.
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EXECUTIVE SESSION
A.
B.
REPORTS
1.
Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
2.
Accept the General Manager report
Sponsor: Mark W. Powless, General Manager
3.
Accept the Gaming General Manager's September 2021 update regarding the
implementation of Sports Wagering (9/7 - 11:00 a.m.)
Sponsor: Louise Cornelius, Gaming General Manager
4.
Accept the Bay Bancorporation Inc. FY-2021 3rd quarter executive report (9/7
- 9:30 a.m. - 9:50 a.m.)
Sponsor: Jeff Bowman, President/Bay Bank
5.
Accept the Oneida ESC Group, LLC FY-2021 3rd quarter executive report (9/7
- 9:50 a.m. - 10:10 a.m.)
Sponsor: John Breuninger, Chair/Oneida ESC Group, LLC
6.
Accept the Oneida Airport Hotel Corporation FY-2021 3rd quarter executive
report (9/7 - 10:10 a.m. - 10:30 a.m.)
Sponsor: Kathy Hughes, Chair/Oneida Airport Hotel Corporation
7.
Accept the Oneida Golf Enterprise FY-2021 3rd quarter executive report (9/7 10:30 a.m. - 10:50 a.m.)
Sponsor: James Petitjean, Agent/Oneida Golf Enterprise
NEW BUSINESS
1.
Determine next steps regarding the Gaming wage chart (9/7 - 11:30 a.m.)
Sponsor: Louise Cornelius, Gaming General Manager
2.
Review request to address compensation issues within the MIS Department
and determine next steps
Sponsor: Mark W. Powless, General Manager
3.
Approve 89 new enrollments and 2 relinquishments
Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee
4.
Adopt resolution entitled Regarding Pardon of Sheila M. Shawanokasic
Sponsor: Lisa Liggins, Secretary
5.
Accept the August 30, 2021, BC Officer meeting notes
Sponsor: Jessica Vandekamp, Employee Relations Representative
Oneida Business Committee
Regular Meeting Agenda
Page 5 of 6
September 08, 2021
Public Packet
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6.
Enter the e-poll results into the record regarding the authorization for the
Oneida Law Office to vote on the Mallinckrodt Bankruptcy Plan
Sponsor: Lisa Liggins, Secretary
7.
Enter the e-poll results into the record regarding the authorization for the
Chairman to sign the letter to the Town of Oneida
Sponsor: Lisa Liggins, Secretary
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and
Open Meetings law (§ 107.14.)
The meeting packet of the open session materials for this meeting is available by going to the Oneida
Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364
or (800) 236-2214
Oneida Business Committee
Regular Meeting Agenda
Page 6 of 6
September 08, 2021
Public Packet
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Anna John Resident Centered Care Community Board - Patricia Moore
Business Committee Agenda Request
1. Meeting Date Requested:
09/08/21
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Brooke Doxtator
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
BDOXTAT1
Public Packet
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Oneida Nation
Business Committee Support Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
August 31, 2021
RE:
Oath of Office – Anna John Resident Centered Care Community Board
Background
On August 25, 2021 the Oneida Business Committee appointed Patricia Moore to the Anna
John Resident Centered Care Community Board.
§105.9-1 All appointed and elected positions are official upon taking an oath during a
regular or special Oneida Business Committee meeting.
A good mind. A good heart. A strong fire.
Public Packet
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Oneida Nation Veterans Affairs Committee - Arthur Cornelius, Benjamin Skenandore
Business Committee Agenda Request
1. Meeting Date Requested:
09/08/21
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Brooke Doxtator, BCC Supervisor
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
BDOXTAT1
Public Packet
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Oneida Nation
Business Committee Support Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
August 31, 2021
RE:
Oath of Office – Oneida Nation Veterans Affairs Committee
Background
On August 25, 2021 the Oneida Business Committee appointed Arthur Cornelius and
Benjamin Skenandore to the Oneida Nation Veterans Affairs Committee.
§105.9-1 All appointed and elected positions are official upon taking an oath during a
regular or special Oneida Business Committee meeting.
A good mind. A good heart. A strong fire.
Public Packet
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Oneida Trust Enrollment Committee - Jennifer Hill-Kelley
Business Committee Agenda Request
1. Meeting Date Requested:
09/08/21
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Brooke Doxtator, BCC Supervisor
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
BDOXTAT1
Public Packet
12 of 267
Oneida Nation
Business Committee Support Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
August 31, 2021
RE:
Oath of Office – Oneida Trust Enrollment Department
Background
On July 10, 2021 the Oneida 2021 Special Election was held.
On August 11, 2021 the Oneida Business Committee accepted the 2021 Special Election
Final Report and declared the official results.
Oneida Trust Enrollment Committee – Jennifer Hill-Kelley
§102.11-15. Except in the event of an emergency, as determined by the Business
Committee, newly elected officials shall be sworn into office no later than thirty (30) calendar
days after the official results of an election are declared by the Business Committee.
§105.9-1 All appointed and elected positions are official upon taking an oath during a
regular or special Oneida Business Committee meeting.
A good mind. A good heart. A strong fire.
Public Packet
13 of 267
Oneida Land Commission - Frederick Muscavitch
Business Committee Agenda Request
1. Meeting Date Requested:
09/08/21
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Brooke Doxtator
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
BDOXTAT1
Public Packet
14 of 267
Oneida Nation
Business Committee Support Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
August 31, 2021
RE:
Oath of Office – Oneida Land Commission
Background
On July 10, 2021 the Oneida 2021 Special Election was held.
On August 11, 2021 the Oneida Business Committee accepted the 2021 Special Election
Final Report and declared the official results.
Oneida Land Commission – Frederick Muscavitch
§102.11-15. Except in the event of an emergency, as determined by the Business
Committee, newly elected officials shall be sworn into office no later than thirty (30) calendar
days after the official results of an election are declared by the Business Committee.
§105.9-1 All appointed and elected positions are official upon taking an oath during a
regular or special Oneida Business Committee meeting.
A good mind. A good heart. A strong fire.
Public Packet
15 of 267
Oneida Business Committee Agenda Request
Oneida Police Department - Officer Jessica Trimberger and Officer Jose Deras
1. Meeting Date Requested:
09 / 08 / 21
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Richard Van Boxtel, Police Commission Chair
Primary Requestor/Submitter:
Eric Boulanger, Chief of Police
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Oath of Office for two new hires:
Officer Jessica Trimberger
Officer Jose Deras
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Public Packet
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Judiciary - Court of Appeals - Michele Doxtator
Business Committee Agenda Request
1. Meeting Date Requested:
09/08/21
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Brooke Doxtator, BCC Supervisor
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
BDOXTAT1
Public Packet
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Oneida Nation
Business Committee Support Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
August 31, 2021
RE:
Oath of Office – Judiciary
Background
On July 10, 2021 the Oneida 2021 Special Election was held.
On August 11, 2021 the Oneida Business Committee accepted the 2021 Special Election
Final Report and declared the official results.
Judiciary – Michele Doxtator
§102.11-15. Except in the event of an emergency, as determined by the Business
Committee, newly elected officials shall be sworn into office no later than thirty (30) calendar
days after the official results of an election are declared by the Business Committee.
§105.9-1 All appointed and elected positions are official upon taking an oath during a
regular or special Oneida Business Committee meeting.
A good mind. A good heart. A strong fire.
Public Packet
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Approve the August 25, 2021, regular Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
09/08/21
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☒ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
LLIGGINS
Public Packet
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DRAFT
Oneida Business Committee
Regular Meeting
8:30 AM Wednesday, August 25, 2021
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
REGULAR MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council
members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Summers (via Microsoft Teams1),
Jennifer Webster;
Not Present: n/a
Arrived at: Treasurer Tina Danforth at 8:35 a.m.;
Others present: Jo Anne House, Larry Barton, Mark W. Powless, Melinda J. Danforth (via Microsoft
Teams), Danelle Wilson (via Microsoft Teams), Melinda K. Danforth (via Microsoft Teams), Stephanie
Metoxen (via Microsoft Teams), Pamela Nohr (via Microsoft Teams), John Breuninger (via Microsoft
Teams), Dakota A. Webster (via Microsoft Teams), Sherrole Benton (via Microsoft Teams), Donald
McLester (via Microsoft Teams), Tsyoslake House (via Microsoft Teams), Barbara J. Cornelius (via
Microsoft Teams), Vicki Cornelius (via Microsoft Teams), Julie Barton (via Microsoft Teams), Dellora
Cornelius (via Microsoft Teams), Mike Denny (via Microsoft Teams), Janice McLester (via Microsoft
Teams), Winnifred Thomas (via Microsoft Teams), Twylite Moore (via Microsoft Teams), Dylan Benton;
(via Microsoft Teams), Shannon Davis (via Microsoft Teams), Rae Skenandore (via Microsoft Teams),
Mary Graves (via Microsoft Teams), Carmen Vanlanen (via Microsoft Teams), Debbie Melchert (via
Microsoft Teams), Lori Hill (via Microsoft Teams), Jessica Vandekamp (via Microsoft Teams), Melanie
Burkhart (via Microsoft Teams), Justin Nishimoto (via Microsoft Teams), Rhiannon Metoxen (via Microsoft
Teams), Mike Debraska (via Microsoft Teams), Amy Spears (via Microsoft Teams), Kristal Hill (via
Microsoft Teams), Lisa Duff (via Microsoft Teams), Clorissa Santiago (via Microsoft Teams), Nancy
Barton (via Microsoft Teams), Fawne Rasmussen (via Microsoft Teams), Vanessa Miller (via Microsoft
Teams), Louise Cornelius (via Microsoft Teams), Jameson Wilson (via Microsoft Teams), Kristen Hooker
(via Microsoft Teams), Mark A. Powless Sr. (via Microsoft Teams), Nicole Rommel (via Microsoft Teams),
Ralinda Ninham-Lamberies (via Microsoft Teams), Kaylynn Gresham (via Microsoft Teams), Katsitsiyo
Danforth (via Microsoft Teams), James Petitjean (via Microsoft Teams), Loucinda Conway (via Microsoft
Teams), Debra J. Danforth (via Microsoft Teams), Tina Jorgenson (via Microsoft Teams), Chad Fuss (via
Microsoft Teams), Jacque Boyle (via Microsoft Teams), Donald Dechamps (via Microsoft Teams),
Michelle Danforth-Anderson (via Microsoft Teams), Eric Bristol (via Microsoft Teams), Renita Hernandez
(via Microsoft Teams), Candice Skenandore (via Microsoft Teams), James Bittorf (via Microsoft Teams),
Kelly McAndrews (via Microsoft Teams), Krystal John (via Microsoft Teams), Carl Artman (via Microsoft
Teams);
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 8:30 a.m.
For the record: Councilwoman Marie Summers is attending virtually. Treasurer Tina Danforth will be
leaving at 3:30 p.m. for a personal appointment. Vice-Chairman Brandon Stevens will be leaving at
3:45 p.m. for a personal appointment.
1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file
sharing, and video meetings.
Oneida Business Committee
Regular Meeting Minutes
Page 1 of 17
August 25, 2021
Public Packet
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DRAFT
II.
OPENING (00:00:08)
Opening provided by Chairman Tehassi Hill.
III.
ADOPT THE AGENDA (00:03:35)
Treasurer Tina Danforth arrived at 8:35 a.m.
Motion by David P. Jordan to adopt the agenda with four (4) changes [1) add Minutes item entitled
"Approve the August 4, 2021, emergency Business Committee meeting minutes" 2) before the New
Business Section, add "Travel Requests" section and item entitled "Approve the travel request in
accordance with § 219.16-1 – Seven (7) Gaming staff – Sportsbook Training and Observation –
Philadelphia, MS – September 14-17, 2021"; 3) add New Business item entitled "Approve exception to
resolution # BC-01-22-20-A and schedule executive discussion on Tuesday, September 7, 2021"; and
4) correct title of Reports/Elected Boards, Committees, and Commissions item 2. to "Accept the
Oneida Gaming Commission FY-2021 3rd quarter report"], seconded by Kirby Metoxen. Motion
carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
IV.
OATH OF OFFICE (00:06:19)
Oaths of office administered by Secretary Lisa Liggins. Melinda K. Danforth, Stephanie Metoxen,
Pamela Nohr, John Breuninger, Dakota A. Webster, Sherrole Benton, Donald McLester, Tsyoslake
House, Barbara J. Cornelius, Vicki Cornelius, Julie Barton, Dellora Cornelius, Mike Denny, Janice
McLester, Winnifred Thomas, Twylite Moore, and Dylan Benton were present (via Microsoft Teams).
Fred Muscavitch and Jennifer Hill-Kelley were not present.
A.
Oneida Election Board - Melinda K. Danforth, Stephanie Metoxen, and Pamela
Nohr
Sponsor: Lisa Liggins, Secretary
B.
Oneida ESC Group, LLC, Board of Managers - John Breuninger
Sponsor: Lisa Liggins, Secretary
C.
Oneida Land Claims Commission - Dakota A. Webster
Sponsor: Lisa Liggins, Secretary
D.
Oneida Land Commission - Sherrole Benton, Donald McLester, and Fred
Muscavitch
Sponsor: Lisa Liggins, Secretary
E.
Oneida Legal Resource Center - Tsyoslake House
Sponsor: Lisa Liggins, Secretary
F.
Oneida Nation School Board - Barbara J. Cornelius, Vicki Cornelius and Melinda K.
Danforth
Sponsor: Lisa Liggins, Secretary
Oneida Business Committee
Regular Meeting Minutes
Page 2 of 17
August 25, 2021
Public Packet
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DRAFT
V.
G.
Oneida Nation Commission on Aging - Julie Barton, Barbara J. Cornelius, Dellora
Cornelius, Mike Denny, Janice McLester and Winnifred Thomas
Sponsor: Lisa Liggins, Secretary
H.
Oneida Personnel Commission - Twylite Moore
Sponsor: Lisa Liggins, Secretary
I.
Oneida Trust Enrollment Committee - Dylan Benton and Jennifer Hill-Kelley
Sponsor: Lisa Liggins, Secretary
MINUTES
A.
Approve the August 11, 2021, regular Business Committee meeting minutes
(00:13:54)
Sponsor: Lisa Liggins, Secretary
Motion by David P. Jordan to approve the August 11, 2021, regular Business Committee meeting
minutes with one (1) change [on page 7, item XII.B., corrected "January 6, 2021" to "January 6, 2022"],
seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers
Abstained:
Jennifer Webster
B.
Approve the August 4, 2021, emergency Business Committee meeting minutes
(00:18:29)
Sponsor: Lisa Liggins, Secretary
Motion by David P. Jordan to approve the August 4, 2021, emergency Business Committee meeting
minutes, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
VI.
RESOLUTIONS
A.
Adopt resolution entitled Rescinding resolution # BC-12-27-17-A and Removing
the Maximum Vehicle Fuel Purchase Restriction (00:19:20)
Sponsor: James Petitjean, Interim Retail General Manager
Motion by Jennifer Webster to adopt resolution 08-25-21-A Rescinding resolution # BC-12-27-17-A
and Removing the Maximum Vehicle Fuel Purchase Restriction, seconded by Kirby Metoxen. Motion
carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
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VII.
APPOINTMENTS
A.
Determine next steps regarding four (4) vacancies - Anna John Resident Centered
Care Community Board (00:24:24); (02:48:28)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to defer this item until after executive session, seconded by Jennifer Webster.
Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
Item VII.B. was addressed next.
Motion by Lisa Liggins to accept the selected the applicant, appoint Pat Moore to a term ending July
31, 2024, and request the Secretary to re-notice the remaining vacancies, seconded by Marie
Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
Item VII.B. was re-addressed next.
B.
Determine next steps regarding four (4) vacancies - Oneida Nation Veterans
Affairs Committee (00:25:03); (02:49:06)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to defer this item until after executive session, seconded by Jennifer Webster.
Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
Item VIII.A.1. was addressed next
Motion by Lisa Liggins to accept the selected the applicants, appoint Benjamin Skenandore and Arthur
Cornelius to terms ending December 31, 2023, and request the Secretary to re-notice the remaining
vacancy, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
Item XIV.A.1. was addressed next.
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VIII.
STANDING COMMITTEES
A.
FINANCE COMMITTEE
1.
Accept the August 2, 2021, regular Finance Committee meeting minutes
(00:25:46)
Sponsor: Tina Danforth, Treasurer
Motion by Lisa Liggins to accept the August 2, 2021, regular Finance Committee meeting minutes,
seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
2.
Accept the August 16, 2021, regular Finance Committee meeting minutes
(00:26:21)
Sponsor: Tina Danforth, Treasurer
Motion by Kirby Metoxen to accept the August 16, 2021, regular Finance Committee meeting minutes,
seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
B.
LEGISLATIVE OPERATING COMMITTEE
1.
Accept the August 4, 2021, regular Legislative Operating Committee meeting
minutes (00:26:56)
Sponsor: David P. Jordan, Councilman
Motion by Jennifer Webster to accept the August 4, 2021, regular Legislative Operating Committee
meeting minutes, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
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IX.
STANDING ITEMS
A.
ARPA FRF Updates and Requests/Proposals
1.
Adopt resolution entitled Obligation for CIP #15-001, Food Innovation Center,
Utilizing American Rescue Plan Act of 2021 Federal Relief Funds (00:27:34)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Jennifer Webster to adopt resolution 08-25-21-B Obligation for CIP #15-001, Food
Innovation Center, Utilizing American Rescue Plan Act of 2021 Federal Relief Funds with one (1)
change [in line 42, insert "Mark W. Powless, General Manager"], seconded by Marie Summers. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Marie Summers, Jennifer Webster
Abstained:
Tina Danforth
Councilman Kirby Metoxen left at 9:03 a.m.
Councilman Kirby Metoxen returned at 9:06 a.m.
2.
Adopt resolution entitled Obligation for CIP #23-005, Residential Home Sites,
Utilizing American Rescue Plan Act of 2021 Federal Relief Funds (00:50:27)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Jennifer Webster to adopt resolution 08-25-21-C Obligation for CIP #23-005, Residential
Home Sites, Utilizing American Rescue Plan Act of 2021 Federal Relief Funds with one (1) change [in
line 42, insert "Mark W. Powless, General Manager"], seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
3.
Adopt resolution entitled Obligation for CIP #21-111, Multi-Family Housing,
Utilizing American Rescue Plan Act of 2021 Federal Relief Funds (01:07:17)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Marie Summers to adopt resolution 08-25-21-D Obligation for CIP #21-111, Multi-Family
Housing, Utilizing American Rescue Plan Act of 2021 Federal Relief Funds with two (2) changes [1) in
line 35 and 43, insert "$7,367,335.72"; and 2) in line 43, insert "Mark W. Powless, General Manager"],
seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
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X.
TRAVEL REQUESTS
Vice-Chairman Brandon Stevens left at 9:40 a.m.
A.
Approve the travel request in accordance with § 219.16-1 – Seven (7) Gaming staff
– Sportsbook Training and Observation – Philadelphia, MS – September 14-17,
2021 (01:09:31)
Sponsor: Louise Cornelius, Gaming General Manager
Motion by Lisa Liggins to approve the travel request in accordance with § 219.16-1 for seven (7)
Gaming staff to attend Sportsbook Training and Observation in Philadelphia, MS – September 14-17,
2021, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
XI.
NEW BUSINESS
A.
Approve a limited waiver of sovereign immunity - Thermo Scientific Portable
Analytical Instruments Inc. terms and conditions of sale - file # 2021-0406
(01:10:44)
Sponsor: Richard Van Boxtel, Chair/Oneida Police Commission
Motion by Lisa Liggins to approve a limited waiver of sovereign immunity for the Thermo Scientific
Portable Analytical Instruments Inc. terms and conditions of sale - file # 2021-0406, seconded by
Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Marie Summers, Jennifer Webster
Not Present:
Brandon Stevens
B.
Consider request for an ARPA Education Program for the Fall 2021 (01:11:29)
Sponsor: Mary Graves, Tribal Member
Vice-Chairman Brandon Stevens returned at 9:45 a.m.
Chairman Tehassi Hill left at 9:52 a.m.; Vice-Chairman Brandon Stevens assumed the responsibilities
of the Chair.
Chairman Tehassi Hill returned at 9:56 a.m. and resumed the responsibilities of the Chair.
Motion by Lisa Liggins to accept the tribal member request for an ARPA Education Program for the
Fall 2021 [semester] and to direct the General Manager to bring back an initial report at the October
13, 2021, regular Business Committee meeting and a final report no later than the December 8, 2021,
regular Business Committee meeting on a [Higher] Education program funded by FRF funds to be
implemented for the Spring 2022 semester, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
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C.
Approve the Higher Education request to post one (1) tribal contribution funded
Administrative Assistant (01:51:36)
Sponsor: Mark W. Powless, General Manager
Councilman Daniel Guzman King left at 10:22 a.m.
Councilman Daniel Guzman King returned at 10:26 a.m.
Motion by Jennifer Webster to accept the Chief Financial Officer input provided in accordance with
section 121.8-3.(a) and approve the Higher Education request to hire one (1) tribal contribution funded
emergency temp for an Administrative Assistant, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
D.
Accept the April/May 2020 hotel placement program report (02:05:05)
Sponsor: Mark W. Powless, General Manager
Councilman David P. Jordan left at 10:35 a.m.
Councilman David P. Jordan returned at 10:45 a.m.
Motion by Marie Summers to accept the April/May 2020 hotel placement program report, seconded by
Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
E.
Approve exception to resolution # BC-01-22-20-A and schedule executive
discussion on Tuesday, September 7, 2021 (02:16:41)
Sponsor: Lisa Liggins, Secretary
Motion by Marie Summers to approve an exception to resolution # BC-01-22-20-A, to schedule
executive session discussion on Tuesday, September 7, 2021, and to request the Secretary to bring
back a resolution to revise the regular Business Committee schedule [based on today's discussion],
seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
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XII.
REPORTS
A.
OPERATIONAL
1.
Accept the Comprehensive Health Division FY-2021 3rd quarter report
(02:30:51)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to accept the Comprehensive Health Division FY-2021 3rd quarter report,
seconded by Brandon Stevens. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
2.
Accept the Environmental, Health, Safety, Land and Agriculture Division FY2021 3rd quarter report (02:31:24)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to accept the Environmental, Health, Safety, Land and Agriculture Division FY2021 3rd quarter report, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
3.
Accept the Governmental Services Division FY-2021 3rd quarter report
(02:31:52)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to accept the Governmental Services Division FY-2021 3rd quarter report,
seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
4.
Accept the Public Works Division FY-2021 3rd quarter report (02:32:22)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to accept the Public Works Division FY-2021 3rd quarter report, seconded by
David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
5.
Accept the Management Information Systems FY-2021 3rd quarter report
(02:32:53)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to accept the Management Information Systems FY-2021 3rd quarter report,
seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
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6.
Accept the Tribal Action Plan FY-2021 3rd quarter report (02:33:29)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to accept the Tribal Action Plan FY-2021 3rd quarter report, seconded by David
P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
7.
Accept the Big Bear Media FY-2021 3rd quarter report (02:33:57)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to accept the Big Bear Media FY-2021 3rd quarter report, seconded by Marie
Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
8.
Accept the Education and Training FY-2021 3rd quarter report (02:34:24)
Sponsor: Mark W. Powless, General Manager
Motion by Marie Summers to accept the Education and Training FY-2021 3rd quarter report, seconded
by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
9.
Accept the Grants FY-2021 3rd quarter report (02:34:50)
Sponsor: Mark W. Powless, General Manager
Motion by Kirby Metoxen to accept the Grants FY-2021 3rd quarter report, seconded by Lisa Liggins.
Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
B.
APPOINTED BOARDS, COMMITTEES, COMMISSIONS
1.
Accept the Anna John Resident Centered Care Community Board FY-2021 3rd
quarter report (02:35:21)
Sponsor: Joshua Hicks, Interim Chair/Anna John Resident Centered Care
Community Board
Motion by Marie Summers to accept the Anna John Resident Centered Care Community Board FY2021 3rd quarter report, seconded by Brandon Stevens. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
2.
Accept the Oneida Police Commission FY-2021 3rd quarter report (02:35:55)
Sponsor: Richard VanBoxtel, Chair/Oneida Police Commission
Motion by Lisa Liggins to accept the Oneida Police Commission FY-2021 3rd quarter report, seconded
by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
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C.
ELECTED BOARDS, COMMITTEES, COMMISSIONS
1.
Accept the Oneida Election Board FY-2021 3rd quarter report (02:36:17)
Sponsor: Candace House, Chair/Oneida Election Board
Motion by David P. Jordan to accept the Oneida Election Board FY-2021 3rd quarter report, seconded
by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
2.
Accept the Oneida Gaming Commission FY-2021 3rd quarter report (02:36:47)
Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission
Motion by Marie Summers to accept the Oneida Gaming Commission FY-2021 3rd quarter report,
seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
3.
Accept the Oneida Land Commission FY-2021 2nd quarter report (02:37:19)
Sponsor: Becky Webster, Chair/Oneida Land Commission
Motion by Jennifer Webster to accept the Oneida Land Commission FY-2021 2nd quarter report,
seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
4.
Accept the Oneida Nation School Board FY-2021 3rd quarter report (02:37:48)
Sponsor: Aaron Manders, Chair/Oneida Nation School Board
Motion by Lisa Liggins to accept the Oneida Nation School Board FY-2021 3rd quarter report,
seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
5.
Accept the Oneida Trust Enrollment Committee FY-2021 3rd quarter report
(02:38:16)
Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee
Motion by Lisa Liggins to accept the Oneida Trust Enrollment Committee FY-2021 3rd quarter report,
seconded by Kirby Metoxen. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
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D.
STANDING COMMITTEES
1.
Accept the Quality of Life Committee FY-2021 3rd quarter report (02:38:46)
Sponsor: Marie Summers, Councilwoman
Motion by Jennifer Webster to accept the Quality of Life Committee FY-2021 3rd quarter report,
seconded by Kirby Metoxen. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
2.
Accept the Community Development Planning Committee FY-2021 3rd quarter
report (02:39:12)
Sponsor: Brandon Stevens, Vice-Chairman
Motion by David P. Jordan to accept the Community Development Planning Committee FY-2021 3rd
quarter report, seconded by Kirby Metoxen. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
3.
Accept the Legislative Operating Committee FY-2021 3rd quarter report
(02:39:41)
Sponsor: David P. Jordan, Councilman
Motion by Kirby Metoxen to accept the Legislative Operating Committee FY-2021 3rd quarter report,
seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
4.
Accept the Finance Committee FY-2021 3rd quarter report (02:40:16)
Sponsor: Tina Danforth, Treasurer
Motion by David P. Jordan to accept the Finance Committee FY-2021 3rd quarter report, seconded by
Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
E.
OTHER
1.
Accept the Oneida Youth Leadership Institute Board FY-2021 3rd quarter report
(02:40:42)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to accept the Oneida Youth Leadership Institute Board FY-2021 3rd quarter
report, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
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XIII.
GENERAL TRIBAL COUNCIL
A.
Consider additional materials regarding Comprehensive Housing processes for
the tentatively scheduled December 13, 2021, special General Tribal Council
meeting (02:41:55)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to add the three (3) flowcharts to the materials for the tentatively
scheduled December 13, 2021, special General Tribal Council meeting, seconded by David P. Jordan.
Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
Treasurer Tina Danforth and Councilwoman Jennifer Webster left at 11:15 a.m.
XIV.
EXECUTIVE SESSION (02:47:32)
Motion by David P. Jordan to go into executive session at 11:18 a.m., seconded by Kirby Metoxen.
Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster
Secretary Lisa Liggins left at 11:20 a.m.
Treasurer Tina Danforth and Councilwoman Jennifer Webster returned at 11:22 a.m.
The Oneida Business Committee, by consensus, recessed at 12:00 p.m. until 1:30 p.m.
Meeting called to order by Chairman Tehassi Hill at 1:30 p.m. Councilwoman Marie Summers is
attending in person.
Roll call for the record:
Present: Chairman Tehassi Hill; Treasurer Tina Danforth; Councilman Daniel Guzman King;
Councilman David P. Jordan; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens;
Councilwoman Marie Summers; Councilwoman Jennifer Webster
Not Present: Secretary Lisa Liggins;
Secretary Lisa Liggins returned at 2:02 p.m.
Treasurer Tina Danforth left at 3:33 p.m.
Vice-Chairman Brandon Stevens left at 3:47 p.m.
Motion by Jennifer Webster to come out of executive session at 4:08 p.m., seconded by David P.
Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
Item VII.A. was re-addressed next.
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A.
REPORTS
1.
Accept the July 2021 Treasurer's report (02:49:48)
Sponsor: Tina Danforth, Treasurer
Motion by David P. Jordan to accept the July 2021 Treasurer's report, seconded by Jennifer Webster.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
2.
Accept the Intergovernmental Affairs, Communications, and Self-Governance
August 2021 report (02:50:01)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by David P. Jordan to accept the Intergovernmental Affairs, Communications, and SelfGovernance August 2021 report, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
Motion by Jennifer Webster to approve the Memorandum of Understanding (MOU) between the
Oneida Nation and Appraisal and Valuation Services Office (AVSO) - file # 2021-0586, authorize the
Chairman to sign the MOU and direct Self-Governance to submit the signed MOU to AVSO and the
BIA Office of Self Governance for signature, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
Motion by Jennifer Webster to authorize Councilwoman Marie Summers to speak and participate in the
2021 Diversity Awards Ceremony on Friday, October 29, 2021, in Madison, WI, seconded by Marie
Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
3.
Accept the Emergency Management FY-2021 3rd quarter report (02:51:16)
Sponsor: Kaylynn Gresham, Director/Emergency Management
Motion by Lisa Liggins to accept the Emergency Management FY-2021 3rd quarter report, seconded
by Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
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4.
Accept the Chief Counsel report (02:51:31)
Sponsor: Jo Anne House, Chief Counsel
Motion by Jennifer Webster to accept the Chief Counsel report, seconded by David P. Jordan. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
Motion by David P. Jordan to adopt resolution 08-25-21-E Revenue Allocation Plan FY-2021 and move
only the resolution to open session, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
5.
Accept the Chief Financial Officer August 2021 report (02:52:06)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Jennifer Webster to accept the Chief Financial Officer August 2021 report, seconded by
Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
6.
Accept the General Manager report (02:52:21)
Sponsor: Mark W. Powless, General Manager
Motion by Kirby Metoxen to accept the General Manager report, seconded by Marie Summers. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
B.
AUDIT COMMITTEE
1.
Accept the Audit Committee FY-2021 3rd quarter report (02:52:41)
Sponsor: David P. Jordan, Councilman
Motion by Kirby Metoxen to accept the Audit Committee FY-2021 3rd quarter report, seconded by
Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
Oneida Business Committee
Regular Meeting Minutes
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August 25, 2021
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DRAFT
C.
NEW BUSINESS
1.
Approve amendment #2 - HRD Area Manager employment contract - file # 20210328 (02:52:52)
Sponsor: Lisa Liggins, Secretary
Motion by Marie Summers to approve amendment #2 to the HRD Area Manager employment contract
- file # 2021-0328, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
2.
Review application(s) for four (4) vacancies - Anna John Resident Centered
Care Community Board (02:53:10)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the discussion regarding the Anna John Resident Centered Care
Community Board application as information, seconded by Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
3.
Review application(s) for four (4) vacancies - Oneida Nation Veterans Affairs
Committee (02:53:33)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the discussion regarding the Oneida Nation Veterans Affairs
Committee applications as information, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
4.
Accept the August 3, 2021, regular OBC Officer meeting notes (02:53:49)
Sponsor: Jessica Vandekamp, Employee Relations Representative
Motion by Jennifer Webster to accept the August 3, 2021, regular OBC Officer meeting notes,
seconded by Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
Oneida Business Committee
Regular Meeting Minutes
Page 16 of 17
August 25, 2021
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DRAFT
XV.
ADJOURN (02:54:37)
Motion by Marie Summers to adjourn at 4:15 p.m., seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Marie Summers, Jennifer Webster
Not Present:
Tina Danforth, Brandon Stevens
Minutes prepared by Lisa Liggins, Secretary
Minutes approved as presented on
.
Lisa Liggins, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Regular Meeting Minutes
Page 17 of 17
August 25, 2021
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Adopt resolution entitled Adoption of the Public Peace Law
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Oneida Business Committee
David P. Jordan, LOC Chairperson
September 8, 2021
Adoption of the Public Peace Law
Please find the following attached backup documentation for your consideration of the adoption
of the Public Peace law:
1.
2.
3.
4.
5.
Resolution: Adoption of the Public Peace Law
Statement of Effect: Adoption of the Public Peace Law
Public Peace Law Legislative Analysis
Public Peace Law
Public Peace Law Fiscal Impact Statement
Overview
On October 7, 2020, the Legislative Operating Committee added the Public Peace law to its Active
Files List. The Public Peace law had been carried over from the last two (2) Legislative Operating
Committee terms, with it originally added to the Active Files List in December 2016. The purpose
of the Public Peace law is to set forth community standards and expectations which preserve the
peace, harmony, safety, health, and general welfare of individuals who live within the boundaries
of the Reservation. [1 O.C. 309.1-1].
This resolution adopts the Public Peace law which will:
Delegate jurisdiction to the Trial Court for any action brought under this law [3 O.C. 309.41];
Delegate authority to the Oneida Police Department to investigate complaints involving
civil infractions under this law and issue citations for violations of this law [3 O.C. 309.43];
Prohibit a person from committing a civil infraction under this law [3 O.C. 309.4-4];
Provide the various civil infractions including:
Civil infractions against property [3 O.C. 309.5];
Civil infractions against the peace [3 O.C. 309.6];
Civil infractions against government [3 O.C. 309.7];
Civil infractions against the person [3 O.C. 309.8];
Civil infractions involving alcohol, tobacco, and drugs [3 O.C. 309.9]; and
Civil Infractions affecting health and safety [3 O.C. 309.10];
Provide that a citation for a violation of this law shall be processed in accordance with the
procedure contained in the Nation’s laws and policies governing citations [3 O.C. 309.111(b)];
Require that an Oneida Police Department officer provide notice to the Oneida Law Office
attorney assigned to the Comprehensive Housing Division of any citation issued to an
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individual located at a property rented or leased through the Comprehensive Housing
Division [3 O.C. 309.11-1(c)]; and
Provide various penalties to be utilized by the Trial Court upon a finding that a violation
of this law has occurred, including:
Fines [3 O.C. 309.11-2(a)];
Community service [3 O.C. 309.11-2(b)];
Counseling and/or other programs [3 O.C. 309.11-2(c)];
Restitution [3 O.C. 309.11-2(d)]; and/or
Any other penalty as deemed appropriate by the Trial Court [3 O.C. 309.11-2(e)].
The Legislative Operating Committee developed the Public Peace law through collaboration with
representatives from the Oneida Business Committee, Oneida Law Office, Oneida Police
Department, Strategic Planner, Tribal Action Plan (TAP), and the Comprehensive Housing
Division. The Legislative Operating Committee held twelve (12) work meetings on the
development of this law.
A public meeting, in accordance with the Legislative Procedures Act, was not held for the proposed
Public Peace law due to the COVID-19 pandemic. On March 12, 2020, Chairman Tehassi Hill
signed a “Declaration of Public Health State of Emergency” regarding the COVID-19 pandemic
which declared a Public Health State of Emergency for the Nation until April 12, 2020, and set
into place the necessary authority for action to be taken and allows the Nation to seek
reimbursement of emergency management actions that may result in unexpected expenses. The
Public Health State of Emergency has since been extended until September 26, 2021, by the
Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC-05-06-20A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-1110-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A,
BC-06-23-21-B, and BC-07-28-21-N.
On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension
of Public Meetings under the Legislative Procedures Act” declaration which suspended the
Legislative Procedures Act's requirement to hold a public meeting during the public comment
period, but allows members of the community to still participate in the legislative process by
submitting written comments, questions, data, or input on proposed legislation to the Legislative
Operating Committee via e-mail during the public comment period.
Although no public meeting for the proposed Public Peace law was held in person, the public
comment period was still held open until June 9, 2021, for the submission of written comments.
Six (6) individuals submitted written comments during the public comment period. All public
comments received were reviewed and considered by the Legislative Operating Committee on July
7, 2021, and July 13, 2021.
Requested Action
Adopt the Resolution: Adoption of the Public Peace Law
Page 2 of 2
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # _____________
Adoption of the Public Peace Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the purpose of the Public Peace law (“the Law”) is to set forth community standards and
expectations which preserve the peace, harmony, safety, health, and general welfare of
individuals who live within the boundaries of the Reservation; and
WHEREAS,
the Law delegates jurisdiction to the Trial Court for any action brought under this Law; and
WHEREAS,
the Law delegates authority to the Oneida Police Department to investigate complaints
involving civil infractions under this Law and issue citations for violations of this Law; and
WHEREAS,
the Law prohibits a person from committing a civil infraction under this Law; and
WHEREAS,
the Law provides the various civil infractions including:
• Civil infractions against property;
• Civil infractions against the peace;
• Civil infractions against government;
• Civil infractions against the person;
• Civil infractions involving alcohol, tobacco, and drugs;
• Civil Infractions affecting health and safety; and
WHEREAS,
the Law provides that a citation for a violation of this Law shall be processed in accordance
with the procedure contained in the Nation’s laws and policies governing citations, which
is currently the Citations law; and
WHEREAS,
the Law requires that an Oneida Police Department officer provide notice to the Oneida
Law Office attorney assigned to the Comprehensive Housing Division of any citation issued
to an individual located at a property rented or leased through the Comprehensive Housing
Division; and
WHEREAS,
the Law provides the various penalties to be utilized by the Trial Court upon a finding that
a violation of this Law has occurred, including fines, community service, participation in
counseling and/or other programs, restitution, and/or any other penalty as deemed
appropriate by the Trial Court; and
Public Packet
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BC Resolution # _______
Adoption of the Public Peace Law
Page 2 of 2
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WHEREAS,
in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact
statement were developed for this Law; and
WHEREAS,
a public meeting on this proposed Law was not held in accordance with the Legislative
Procedures Act due to the COVID-19 pandemic; and
WHEREAS,
on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” regarding COVID-19 which declared a Public Health State of Emergency for
the Nation until April 12, 2020, which was then subsequently extended through September
26, 2021, by the Oneida Business Committee through the adoption of resolutions BC-0328-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, and BC-07-28-21-N; and
WHEREAS,
on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a
“Suspension of Public Meetings under the Legislative Procedures Act” declaration which
suspended the Legislative Procedures Act's requirement to hold a public meeting during
the public comment period for the duration of the Public Health State of Emergency, but
allows members of the community to still participate in the legislative process by submitting
written comments, questions, data, or input on proposed legislation to the Legislative
Operating Committee via e-mail during the public comment period; and
WHEREAS,
although a public meeting was not held for this proposed Law, the public comment period
for this Law was held open until June 9, 2021, and six (6) individuals submitted written
comments during the public comment period; and
WHEREAS,
the Legislative Operating Committee accepted, reviewed, and considered all public
comments received on July 7, 2021, and July 13, 2021; and
NOW THEREFORE BE IT RESOLVED, that the Public Peace law is hereby adopted and shall become
effective on September 22, 2021.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Adoption of the Public Peace Law
Summary
This resolution adopts the Public Peace law.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: August 27, 2021
Analysis by the Legislative Reference Office
This resolution adopts the Public Peace law. The purpose of the Public Peace law is to set forth
community standards and expectations which preserve the peace, harmony, safety, health, and
general welfare of individuals who live within the boundaries of the Reservation. [1 O.C. 309.11].
This resolution adopts the Public Peace law which will:
Delegate jurisdiction to the Trial Court for any action brought under this law [3 O.C. 309.41];
Delegate authority to the Oneida Police Department to investigate complaints involving
civil infractions under this law and issue citations for violations of this law [3 O.C. 309.43];
Prohibit a person from committing a civil infraction under this law [3 O.C. 309.4-4];
Provide the various civil infractions including:
Civil infractions against property [3 O.C. 309.5];
Civil infractions against the peace [3 O.C. 309.6];
Civil infractions against government [3 O.C. 309.7];
Civil infractions against the person [3 O.C. 309.8];
Civil infractions involving alcohol, tobacco, and drugs [3 O.C. 309.9]; and
Civil Infractions affecting health and safety [3 O.C. 309.10];
Provide that a citation for a violation of this law shall be processed in accordance with the
procedure contained in the Nation’s laws and policies governing citations [3 O.C. 309.111(b)];
Require that an Oneida Police Department officer provide notice to the Oneida Law Office
attorney assigned to the Comprehensive Housing Division of any citation issued to an
individual located at a property rented or leased through the Comprehensive Housing
Division [3 O.C. 309.11-1(c)]; and
Provide various penalties to be utilized by the Trial Court upon a finding that a violation
of this law has occurred, including:
Fines [3 O.C. 309.11-2(a)];
Community service [3 O.C. 309.11-2(b)];
Counseling and/or other programs [3 O.C. 309.11-2(c)];
Restitution [3 O.C. 309.11-2(d)]; and/or
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Any other penalty as deemed appropriate by the Trial Court [3 O.C. 309.11-2(e)].
The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the
purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.
109.1-1]. The LPA requires that for all proposed legislation both a legislative and fiscal analysis
be developed. [1 O.C. 109.6 and 109.7]. The proposed Public Peace law complies with these
requirements.
The LPA also requires that there be an opportunity for public review during a public meeting and
public comment period. [1 O.C. 109.8]. A public meeting for the proposed Public Peace law was
not held due to the COVID-19 pandemic. In accordance with the Emergency Management and
Homeland Security law, on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of
Public Health State of Emergency” regarding COVID-19 which declared a Public Health State of
Emergency for the Nation until April 12, 2020. [3 O.C. 302.8-1]. The Public Health State of
Emergency for the Nation has since been extended until September 26, 2021, by the Oneida
Business Committee through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A, BC-0623-21-B, and BC-07-28-21-N.
On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension
of Public Meetings under the Legislative Procedures Act” declaration which suspended the
Legislative Procedures Act's requirement to hold a public meeting during the public comment
period, but allows members of the community to still participate in the legislative process by
submitting written comments, questions, data, or input on proposed legislation to the Legislative
Operating Committee via e-mail during the public comment period.
Although a public meeting for the proposed Public Peace law was not held, the public comment
period was still held open until June 9, 2021. The Legislative Operating Committee reviewed and
considered the public comments that were received on July 7, 2021, and July 13, 2021.
Adoption of this resolution complies with the process and procedures of the LPA as it has been
modified by the COVID-19 Team’s “Suspension of Public Meetings under the Legislative
Procedures Act” declaration.
This resolution provides that the Public Peace law would become effective on September 22, 2021,
in accordance with the LPA. [1 O.C. 109.9-3].
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws, as it complies with
the Legislative Procedures Act as it has been modified by the COVID-19 Core Decision Making
Team’s “Suspension of Public Meetings under the Legislative Procedures Act” declaration.
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Analysis to Draft 3 for OBC Consideration
2021 09 01
PUBLIC PEACE LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed
Law
Purpose
Affected
Entities
Related
Legislation
Public
Meeting
Fiscal Impact
Analysis by the Legislative Reference Office
Delegate jurisdiction to the Trial Court for any action brought under this law [3 O.C.
309.4-1];
Delegate authority to the Oneida Police Department to investigate complaints
involving civil infractions under this law and issue citations for violations of this law
[3 O.C. 309.4-3];
Prohibit a person from committing a civil infraction under this law [3 O.C. 309.4-4];
Provide the various civil infractions including:
Civil infractions against property [3 O.C. 309.5];
Civil infractions against the peace [3 O.C. 309.6];
Civil infractions against government [3 O.C. 309.7];
Civil infractions against the person [3 O.C. 309.8];
Civil infractions involving alcohol, tobacco, and drugs [3 O.C. 309.9]; and
Civil Infractions affecting health and safety [3 O.C. 309.10];
Provide that a citation for a violation of this law shall be processed in accordance with
the procedure contained in the Nation’s laws and policies governing citations [3 O.C.
309.11-1(b)];
Require that an Oneida Police Department officer provide notice to the Oneida Law
Office attorney assigned to the Comprehensive Housing Division of any citation
issued to an individual located at a property rented or leased through the
Comprehensive Housing Division [3 O.C. 309.11-1(c)]; and
Provide various penalties to be utilized by the Trial Court upon a finding that a
violation of this law has occurred, including:
Fines [3 O.C. 309.11-2(a)];
Community service [3 O.C. 309.11-2(b)];
Counseling and/or other programs [3 O.C. 309.11-2(c)];
Restitution [3 O.C. 309.11-2(d)]; and/or
Any other penalty as deemed appropriate by the Trial Court [3 O.C. 309.112(e)].
To set forth community standards and expectations which preserve the peace, harmony,
safety, health, and general welfare of individuals who live within the boundaries of the
Reservation. [1 O.C. 309.1-1].
Oneida Nation Judiciary, Oneida Police Department, Oneida Law Office, Comprehensive
Housing Division.
Citations law, Per Capita law, Garnishment law, Eviction and Termination law, Leasing
law.
A public comment period was held open until June 9, 2021. A public meeting was not
held in accordance with the Nation’s COVID-19 Core Decision Making Team’s
declaration titled, “Suspension of Public Meetings under the Legislative Procedures Act.”
A fiscal impact statement was provided by the Finance Department on August 17, 2021.
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Analysis to Draft 3 for OBC Consideration
2021 09 01
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The request for the Legislative Operating Committee to develop and adopt a Public Peace
law (“the Law”) was originally submitted on December 7, 2016. On October 26, 2016, the Oneida
Police Commission, in its quarterly report to the Oneida Business Committee, made a recommendation
to develop a Public Peace law in an effort to exercise the Nation’s sovereignty and jurisdiction. This
recommendation was made based on input received during a community meeting held in Site 2 by the
Oneida Police Department and Oneida Housing Authority due to a homicide investigation. The Oneida
Business Committee then forwarded this request to the LOC who originally placed this item on the
Active Files List in December 2016. The purpose of developing a Public Peace law would be to address
community issues such as trespassing, damage to property, noise nuisances, and loitering.
B. On October 7, 2020, the Legislative Operating Committee added the Public Peace law to its Active
Files List with Jennifer Webster as the sponsor. This item had been carried over from the last two (2)
Legislative Operating Committee terms. Since that time, a work group of representatives from the
Oneida Police Department, Oneida Law Office, Tribal Action Plan (TAP), Comprehensive Housing
Division, and the Oneida Business Committee has met to work on the development of the Law.
C. On November 13, 2020, the LOC received a request from Vice Chairman Brandon Stevens to develop
a Nuisance law on an emergency basis. Vice Chairman Stevens provided that he would like a Nuisance
law developed on an emergency basis to preserve the welfare of the community from homes that are
suspected drug houses. He also provided that currently the Comprehensive Housing Division and the
Oneida Police Department have little authority over some homes on the Reservation, especially
conveyed homes, and he would like to see that changed. The Legislative Operating Committee denied
the request to develop a Nuisance law because the Legislative Operating Committee already had the
development of a Public Peace law on its Active Files List, and the Public Peace law would address the
social issues the request for a Nuisance law identified.
SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments of the Nation participated in the development of this
Law and legislative analysis:
Oneida Business Committee;
Oneida Law Office;
Oneida Police Department;
Strategic Planner;
Tribal Action Plan (TAP); and
Comprehensive Housing Division.
B. The following laws of the Nation were reviewed in the drafting of this analysis:
Citations law;
Per Capita law;
Garnishment law;
Oneida Judiciary Rules of Civil Procedure;
Real Property law;
Leasing law;
Eviction and Termination law; and
Zoning and Shoreland Protection law.
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Analysis to Draft 3 for OBC Consideration
2021 09 01
C. The following laws and ordinances from other States, municipalities, and Tribes were reviewed in the
drafting of this Law and analysis:
Ysleta del Sur Pueblo Peace Code;
Stockbridge-Munsee Public Peace and Good Order Ordinance;
Saginaw Chippewa Public Nuisance Order;
Rincon Band of Luiseno Mission Indians Peace and Security Ordinance;
Ho-Chunk Nation Public Nuisance Act;
Village of Hobart Peace and Good Order Law;
Green Bay Public Peace and Good Order Ordinance;
Green Bay Public Nuisance Ordinance;
Brown County Offenses Against Public Peace and Safety; and
Relevant State of Wisconsin statutes.
D. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic
of COVID-19. The COVID-19 outbreak originated in Wuhan, China and has spread to many other
countries throughout the world, including the United States. The COVID-19 pandemic has resulted in
high rates of infection and mortality, as well as vast economic impacts including effects on the stock
market and the closing of all non-essential businesses. A public meeting for this proposed Law will not
be held due to the COVID-19 pandemic, but a public comment period for the submission of written
comments will be held open until June 9. 2021.
Declaration of a Public Health State of Emergency.
On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State
of Emergency” regarding the COVID-19 pandemic which declared a Public Health State
of Emergency for the Nation until April 12, 2020, and set into place the necessary authority
for action to be taken and allows the Nation to seek reimbursement of emergency
management actions that may result in unexpected expenses.
The Public Health State of Emergency has since been extended until September 26, 2021,
by the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A,
BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-0310-21-D, BC-05-12-21-A, BC-06-23-21-B, and BC-07-28-21-N.
COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the
Legislative Procedures Act.
On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a
“Suspension of Public Meetings under the Legislative Procedures Act” declaration which
suspended the Legislative Procedures Act's requirement to hold a public meeting during
the public comment period, but allows members of the community to still participate in the
legislative process by submitting written comments, questions, data, or input on proposed
legislation to the Legislative Operating Committee via e-mail during the public comment
period.
Although a public meeting was not held on the proposed Law, a public comment period
was still held open until June 9, 2021, in accordance with the Legislative Procedures Act
and the COVID-19 Core Decision Making Team’s “Suspension of Public Meetings under
the Legislative Procedures Act” declaration.
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Analysis to Draft 3 for OBC Consideration
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SECTION 4. PROCESS
A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).
On October 7, 2020, the Legislative Operating Committee added the Public Peace law to its
Active Files List.
On April 21, 2021, the Legislative Operating Committee approved the draft and legislative
analysis for this Law.
On May 5, 2021, the Legislative Operating Committee scheduled a public comment period to
be held for this proposed Law.
The public comment period for this proposed Law was held open until June 9, 2021.
On July 7, 2021, the Legislative Operating Committee accepted the public comments that were
received for this legislative item and deferred this item to a work meeting for consideration.
On July 7, 2021 and July 13, 2021, the Legislative Operating Committee reviewed and
considered the public comments that were received.
On August 4, 2021, the Legislative Operating Committee approved the final draft of the
proposed Law and directed the Finance Department to complete a fiscal impact statement.
On August 17, 2021, the fiscal impact statement was received from the Finance Department.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of this Law:
December 16, 2020: LOC work meeting held with representatives from the Oneida Police
Department, TAP, Comprehensive Housing Division, and Oneida Business Committee.
January 15, 2021: LOC work meeting held with representatives from the Oneida Police
Department, TAP, Comprehensive Housing Division, Oneida Law Office, Oneida Business
Committee, and Strategic Planner.
January 28, 2021: LOC work meeting.
February 11, 2021: LOC work meeting.
March 17, 2021: LOC work meeting held with representatives from the Oneida Police
Department, TAP, Comprehensive Housing Division, Oneida Law Office, and Oneida
Business Committee.
April 7, 2021: LOC work meeting held with representatives from the Oneida Police
Department, TAP, Comprehensive Housing Division, Oneida Law Office, and Oneida
Business Committee.
July 7, 2021: LOC work meeting.
July 7, 2021: LOC work meeting held with representatives from the Oneida Police Department.
July 13, 2021: LOC work meeting.
July 21, 2021: LOC work meeting held with representatives from the Oneida Police
Department and Oneida Law Office.
July 29, 2021: Work meeting with the Oneida Law Office.
August 18, 2021: LOC work meeting.
SECTION 5. CONTENTS OF THE LEGISLATION
A. Intent of the Law. The purpose of this Law is to set forth community standards and expectations which
preserve the peace, harmony, safety, health, and general welfare of individuals who live within the
boundaries of the Reservation. [3 O.C. 309.1-1]. It is the policy of the Nation to promote peace and
order within the boundaries of the Reservation while also providing an orderly process for addressing
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civil infractions that occur. [3 O.C. 309.1-2]. The Legislative Operating Committee was motivated to
develop this Law after hearing concerns from fellow Oneida Business Committee councilmembers and
members of the community regarding issues and problems occurring in neighborhoods throughout the
Reservation.
B. Prohibition of Civil Infractions. This Law prohibits a person from committing a civil infraction. [3
O.C. 309.4-4]. The Law then goes on to provide details on what constitutes various civil infractions
and organizes each civil infraction into different categories. The following constitutes the organization
of the civil infractions:
Civil Infractions Against Property [3 O.C. 309.5].
Damage to Property;
Reckless Damage or Destruction;
Trespass;
Theft;
Retail Theft;
Loitering;
Fraud; and
Negligent Handling of Burning Material.
Civil Infractions Against the Peace [3 O.C. 309.6].
Disorderly Conduct;
Carrying a Prohibited Weapon;
Gang Related Activity;
Throwing or Shooting Projectiles;
Obstructing Streets and Sidewalks;
Nuisance;
Maintaining a Chronic Nuisance House; and
Interfering with Lawful Arrest or Resisting Arrest.
Civil Infractions Against Government [3 O.C. 309.7].
Disrupting a Meeting or Government Function;
Breach of Confidentiality; and
Threatening an Official.
Civil Infractions Against the Person [3 O.C. 309.8].
Assault;
Harassment;
Abuse of Individuals at Risk; and
Truancy.
Civil Infractions Involving Alcohol, Tobacco, and Drugs [3 O.C. 309.9].
Public Intoxication;
Unauthorized Alcohol Beverage;
Underage Possession of Alcohol;
Furnishing Alcohol Beverages to Minors;
Underage Possession of Tobacco;
Furnishing Tobacco to Minors;
Misrepresentation of Identification Card;
Possession of Prohibited Drugs;
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Manufacturing Prohibited Drugs;
Maintaining a Drug House; and
Determination of a Prohibited Drug.
Civil Infractions Affecting Health and Safety [3 O.C. 309.10].
Littering;
Unsightly Areas;
Depositing Human Waste; and
Exposure of a Communicable or Infectious Disease.
C. Enforcement. The Oneida Police Department is delegated the authority to investigate complaints
involving civil infractions under this Law, and to issue citations for violations of this Law. [3 O.C.
309.4-3(a)-(b), 309.11-1]. A citation issued for a violation of this Law is required to be processed in
accordance with the process and procedure contained in the Nation’s Citations law. [3 O.C. 309.111(b)]. Once an Oneida Police Department Officer issues a citation, the Trial Court then has jurisdiction
over any action brought under this Law. [3 O.C. 309.4-1]. A citation for a violation of this Law and/or
any orders issued pursuant to this Law may include fines and other penalties, as well as conditional
orders made by the Trial Court. [3 O.C. 309.11-1(a)]. All matters decided by the Trial Court shall be
proven by clear and convincing evidence. [3 O.C. 309.4-2]. The Citations law requires that this standard
of proof be used. [8 O.C. 807.6-2(a)]. Clear and convincing evidence means that the person filing the
complaint must provide evidence indicating that the allegation to be proved is highly probable or
reasonably certain. This is a greater burden than “preponderance of the evidence” standard, which is
the standard used in most civil trials, but a lesser burden than “beyond a reasonable doubt” standard,
which is used for criminal trials. The Trial Court is then responsible for determining that a violation of
this Law has occurred, and if so, imposing a penalty on the individual. [3 O.C. 309.11-2].
D. Penalties. Upon a finding by the Trial Court that a violation of this Law has occurred, an individual
may be subject to the following penalties:
Fines. An individual may be ordered to pay a fine as a result of a violation of this Law. The Oneida
Business Committee is given the responsibility to adopt through resolution a citation schedule
which sets forth specific fine amounts for violations of this Law. [3 O.C. 309.11-2(a)]. The Law
then goes on to provide details as to who fines should be paid to, and the deadline for paying a fine.
[3 O.C. 309.11-2(a)(1)-(2)]. If an individual does not pay his or her fine within the required
timeframe, the Trial Court may seek to collect the money owed through the Nation’s garnishment
and/or per capita attachment process or any other collection process available to the Trial Court. [3
O.C. 309.11-2(a)(3)].
Community Service. An individual may be ordered to perform community service, which can be
used in lieu of, or in addition to, a fine. [3 O.C. 309.11-2(b)]. The Law then goes on to provide
how community service assignments will be approved, what information the community service
order is required to contain, and how the community service assignment will be monitored. [3 O.C.
309.11-2(b)(1)-(3)].
Counseling and/or other programs. An individual may be ordered to participate in counseling
and/or any other program relevant and available to the Nation. [3 O.C. 309.11-2(c)].
Restitution. An individual may be ordered to pay restitution, which may include the repayment of
any improperly received benefit, or any other payment which is intended to make another whole
after suffering losses as a result of the actions of the individual. [3 O.C. 309.11-2(d)]. The Trial
Court is delegated the authority to determine an appropriate amount of restitution to be paid for the
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theft or damage of any venerated object, which may be higher than the monetary value of the
venerated object due to its venerated status. [3 O.C. 309.11-2(d)(1)].
Any other penalty as deemed appropriate by the Trial Court. The Trial Court is given discretion
and flexibility to utilize any other penalty that may be deemed appropriate based on the facts and
details of each specific case. [3 O.C. 309.11-2(e)].
E. Interaction with the Comprehensive Housing Division. An Oneida Police Department officer is
required to provide notice of a citation to the Oneida Law Office attorney assigned to the
Comprehensive Housing Division if the citation was issued to an individual located at a property rented
or leased through the Comprehensive Housing Division. [3 O.C. 309.11-1(c)]. Any information or
reports shared by the Oneida Police Department officer with the Oneida Law Office attorney shall
remain confidential as agreed upon between the Oneida Law Office and the Oneida Police Department
Chief of Police. Id. The purpose of this provision is to promote communication between the Oneida
Police Department and the Comprehensive Housing Division, and recognize that the Comprehensive
Housing Division has its own enforcement mechanisms, that although separate from the process and
procedures contained in this Law, may be triggered when an individual who they hold a lease or rental
agreement with violates this Law and receives a citation.
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SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to this Law:
Citations law. The Citations law provides a consistent process for handling citations of the Nation
in order to ensure equal and fair treatment to all persons who come before the Judiciary to have
their citations resolved. [8 O.C. 807.1-2]. The Citations law provides how a citation action is started
– such as who has the authority to issue a citation, the requirements of the form of the citation, and
how a citation is served and filed; stipulations for the settlement of a citation; and the citation
hearing procedures. [8 O.C. 807].
This Law provides that a citation for a violation of this Law shall be processed in
accordance with the procedure contained in the Nation’s laws and policies governing
citations. [3 O.C. 302.10-2]. The Citations law is the Nation’s law governing citations.
Any citations issued by the Oneida Police Department for a violation of this Law must
comply with the requirements and procedures of the Citations law. [3 O.C. 309.111(b)].
Garnishment Law. The Garnishment law allows the Nation to exercise its authority to provide an
effective mechanism for creditors to access an employee’s income for reduction of personal debt.
[2 O.C. 204.1-1]. Garnishment of an individual’s income to collect debt owed to an entity of the
Nation is allowed under the Garnishment law. [2 O.C. 204.6].
If an individual is ordered to pay a fine in accordance with this Law and does not pay
according to the deadline, the Trial Court may seek to collect that fine through the
Nation’s garnishment process. [3 O.C. 309.11-2(a)(3)].
Per Capita Law. The Per Capita law specifies the procedure to be followed in the event that per
capita payments are distributed by the Nation and states the responsibilities of the various Oneida
entities in the distribution or maintenance of any such per capita payments. [1 O.C. 123.1-1]. The
Per Capita law allows per capita payments to be subject to attachment prior to distribution for debt
owed to an Oneida entity. [1 O.C. 123.4-9, 123.4-9(a)(2)].
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If an individual is ordered to pay a fine in accordance with this Law and does not pay
according to the deadline, the Trial Court may seek to collect that fine through the
Nation’s per capita attachment process. [3 O.C. 309.11-2(a)(3)].
Leasing Law. The Leasing law sets out the Nation’s authority to issue, review, approve and enforce
leases. [6 O.C. 602.1-1]. The Leasing law delegates all powers necessary and proper to the
Comprehensive Housing Division to enforce the lease terms, the Leasing law and any rules
developed pursuant to the Leasing law. [6 O.C. 602.11-1]. If a lessee or other party causes or
threatens to cause immediate and significant harm to the premises, or undertakes criminal activity
thereon, the Comprehensive Housing Division may take appropriate emergency action, which may
include cancelling the lease and/or securing judicial relief. [6 O.C. 602.11-2].
If an individual commits a civil infraction under this Law, his or her violations of this
Law may be used as a basis of lease enforcement action by the Comprehensive Housing
Division.
Eviction and Termination Law. The Eviction and Termination law provides consistent procedures
relating to the Nation’s rental and leasing programs for terminating a contract and/or evicting an
occupant which affords the applicant due process and protects all parties involved. [6 O.C. 610.11]. The Eviction and Termination law provides that an owner may terminate the contract prior to
the contract term and evict the occupant if the occupant is alleged to have violated any applicable
law or rule of the Nation, or is alleged to have committed one or more nuisance activities. [6 O.C.
610.5-1(b)-(c)].
If an individual commits a civil infraction under this Law, his or her violations of this
Law may be used as a basis of eviction or termination of a contract action by the
Comprehensive Housing Division.
Zoning and Shoreland Protection Law. One purpose of the Zoning and Shoreland Protection
law is to prevent persons from using or maintaining their property in any manner which
endangers the public’s health, safety or welfare; limits the use or enjoyment of neighboring
property; or causes or tends to cause diminution of the value of the property of others in the
area in which such property is located. [6 O.C. 605.6-12]. The Zoning and Shoreland Protection
law provides that it shall be unlawful to make, continue or cause to be made or continued, any
noise in excess of the noise levels set forth by the law unless such noise is reasonably necessary
for the preservation of life, health, safety or property. [6 O.C. 605.6-12(d)]. The Zoning and
Shoreland Protection law also prohibits any liquid, or solid wastes, or other adverse influences
which have an objectionable effect upon adjacent or nearby property and provides that all
noxious weeds and other rank growth of vegetation are a public nuisance. [6 O.C. 605.6-12(k)(l)].
Some of the civil infractions provided in this Law - such as disorderly conduct, littering
or unsightly areas - are similar to public nuisances identified and prohibited by the
Zoning and Shoreland Protection law.
The Zoning and Shoreland Protection law provides authority to the Zoning
Administrator to take enforcement action against an individual for a violation of the
law, with the Land Commission as the ultimate authority who would hear any appeals
of the Zoning Administrator’s decisions. This Law delegates authority to the Oneida
Police Department to take enforcement action against an individual for a violation of
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this Law, with the ultimate authority over the matter delegated to the Nation’s Trial
Court.
This Law and the Zoning and Shoreland Protection law may govern similar subject
matters, but they have separate enforcement procedures, so it can be said that these
laws have concurrent jurisdiction. This means that one act by an individual could result
in a violation of both the Zoning and Shoreland Protection law and this Law at the
same time. For example, if a person is making excessive noise on their property, they
can receive a citation for disorderly conduct from an Oneida Police Department under
the Public Peace law while simultaneously receiving written notice for compliance or
a fine from the Zoning Administrator under the Zoning and Shoreland Protection law.
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SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS
A. Effect on Existing Rights. An individual who is issued a citation for a violation of this Law has due
process protections under the Citations law. The Citations law protects due process rights by:
Requiring that all citations be properly noticed and served on the defendant, including a notice of
the defendant’s rights and privileges, hearing dates and information [8 O.C. 807.4-3, 807.4-4];
Ensuring that defendants have the right to contest their citations in the Nation’s Judiciary [8 O.C.
807.6-1];
Establishing a formal process for stipulations that require defendants to acknowledge that they are
waiving their rights to contest the citation in court and sign a statement that they enter into the
agreement free of duress and coercion [8 O.C. 807.5]; and
Providing an opportunity for a defendant to appeal the Trial Court or Family Court’s decision to
the Nation’s Court of Appeals in accordance with the Rules of Appellate Procedure. [8 O.C. 807.63].
SECTION 8. ENFORCEMENT AND ACCOUNTABILITY
A. Enforcement. The Oneida Police Department is delegated enforcement authority under this Law.
The Oneida Police Department has the authority to investigate complaints involving civil
infractions under this Law, and to issue citations for violations of this Law. [3 O.C. 309.4-3(a)-(b),
309.11-1].
B. Citation Schedule Resolution. The Oneida Business Committee is delegated the authority to adopt
through resolution a citation schedule which sets forth specific fine amounts for violations of this Law.
[3 O.C. 30309.11-2(a)].
SECTION 9. OTHER CONSIDERATIONS
A. Public Peace Law Citation Schedule. This Law provides that the Oneida Business Committee shall
hereby be delegated the authority to adopt through resolution a citation schedule which sets forth
specific fine amounts for violations of this Law. [3 O.C. 309.11-2(a)]. A citation schedule will need to
be developed and adopted.
Conclusion. The Legislative Operating Committee has worked with the Oneida Law Office and
Oneida Police Department to develop a citation schedule resolution that will be presented to the
Oneida Business Committee for consideration at the time the adoption of this Law is considered.
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B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC350
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
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Act,” provides further clarification on who the Legislative Operating Committee may direct complete
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a fiscal impact statement at various stages of the legislative process, as well as timeframes for
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completing the fiscal impact statement.
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Conclusion. The Legislative Operating Committee received a fiscal impact statement for the
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proposed Law from the Finance Department on August 17, 2021. The fiscal impact statement had
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an indeterminate conclusion.
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Title 3. Health & Public Safety - Chapter 309
PUBLIC PEACE
309.1. Purpose and Policy
309.2. Adoption, Amendment, Repeal
309.3. Definitions
309.4. Jurisdiction and Authority
309.5. Civil Infractions Against Property
309.6. Civil Infractions Against the Peace
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309.7. Civil Infractions Against Government
309.8. Civil Infractions Against the Person
309.9. Civil Infractions Involving Alcohol, Tobacco, and Drugs
309.10. Civil Infractions Affecting Health and Safety
309.11. Enforcement and Penalties
309.1. Purpose and Policy
309.1-1. Purpose. The purpose of this law is to set forth community standards and expectations
which preserve the peace, harmony, safety, health, and general welfare of individuals who live
within the boundaries of the Reservation.
309.1-2. Policy. It is the policy of the Nation to promote peace and order within the boundaries of
the Reservation while also providing an orderly process for addressing civil infractions that occur.
309.2. Adoption, Amendment, Repeal
309.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.
309.2-2. This law may be amended or repealed by the Oneida Business Committee or General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
309.2-3. 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.
309.2-4. 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.
309.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
309.3. Definitions
309.3-1. 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) “Adult at risk” means any adult who has a physical or mental condition that
substantially impairs his or her ability to care for his or her needs and who has experienced,
is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or
financial exploitation.
(b) “Alcohol beverage” means a fermented malt beverage and any intoxicating liquor.
(c) “Bodily harm” means physical pain or injury, illness, or any impairment of physical
condition.
(d) “Child” means a person who has not attained the age of eighteen (18) years.
(e) “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective
of size, shape and irrespective of the tobacco being flavored, adulterated, or mixed with
any other ingredient, where such roll has a wrapper or cover made of paper or any material,
except where such wrapper is wholly or in the greater part made of natural leaf tobacco in
its natural state.
(f) “Drug paraphernalia” means any equipment, product, object or container used or
intended for use to cultivate, plant, maintain, manufacture, package or store a prohibited
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drug or inject, ingest, inhale or otherwise introduce an prohibited drug into the human body,
regardless of the material composition of the instrument used for such purposes.
(g) “Elder at risk” means any person age fifty-five (55) or older who has experienced, is
currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial
exploitation.
(h) “Electronic cigarette” means device that enables a person to ingest nicotine, or other
chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and
other products used to refill the device. “Electronic cigarette” shall not include any device
that is prescribed by a healthcare professional.
(i) “Fleet vehicle” means a vehicle owned or leased by the Nation.
(j) “Gang” means an association of three (3) or more individuals whose members
collectively identify themselves by adopting a group identity which they use to create an
atmosphere of fear or intimidation frequently by employing one (1) or more of the
following: a common name, slogan, identifying sign, symbol, tattoo, or other physical
marking, style or color of clothing, hairstyle, hand sign or graffiti.
(k) “Intoxication” means not having the normal use of mental or physical faculties by
reason of the introduction of an alcohol beverage or a prohibited drug, or any other
substance into the body.
(l) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17-A.
(m) “Litter” means all rubbish, waste materials refuse, garbage, trash debris, or other
foreign substances, solid, liquid, or every form, size, and kind.
(n) “Merchant” means a person who deals in goods of the kind or otherwise by his or her
occupation holds himself or herself out as having knowledge or skill peculiar to the
practices or goods involved in the transaction or to whom such knowledge or skill may be
attributed by his or her employment of an agent or broker or other intermediary who by his
or her occupation holds himself or herself out as having such knowledge or skill.
(o) “Nation” means the Oneida Nation.
(p) “Official” means any person who is elected or appointed to serve a position for the
Nation, including, but not limited to, a position on a board, committee, commission, or
office of the Nation, including the Oneida Business Committee and Judiciary.
(q) “Pecuniary loss” means a loss of money, or of something by which money or of value
may be acquired.
(r) “Prohibited drug” means 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. Prohibited drugs also includes prescription medication or over-the-counter
medicine used in an unauthorized or unlawful manner.
(s) “Recklessly” mean a person acts recklessly, or is reckless, with respect to circumstance
surrounding his or her conduct, or the result of his or her conduct when he or she is aware
of, but consciously disregards a substantial and unjustifiable risk that the circumstances
exist or the result will occur. The risk must be of such a nature and degree that its disregard
constitutes a gross deviation from the standard of care that an ordinary person would
exercise under all the circumstances as viewed from the person’s standpoint.
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(t) “Reservation” means all land within the exterior boundaries of the Reservation of the
Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any
lands added thereto pursuant to federal law.
(u) “Sexual harassment” means unwelcome sexual advances, requests for sexual favors,
or other verbal or physical conduct of a sexual nature, submission to which is made a term
or condition of a person's exercise or enjoyment of any right, privilege, power, or
immunity, either explicitly or implicitly.
(v) “Theft detection device" means any tag or other device that is used to prevent or detect
theft and that is attached to merchandise held for resale by a merchant or to property of a
merchant.
(w) “Theft detection device remover" means any tool or device used, designed for use or
primarily intended for use in removing a theft detection device from merchandise held for
resale by a merchant or property of a merchant.
(x) “Theft detection shielding device" means any laminated or coated bag or device
designed to shield merchandise held for resale by a merchant or property of a merchant
from being detected by an electronic or magnetic theft alarm sensor.
(y) “Tobacco products” means cigars; cheroots; stogies; periques; granulated, plug cut,
crimp cut, ready-rubbed and other smoking tobacco; snuff, including moist snuff; snuff
flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts;
refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of
tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or
otherwise, or both for chewing and smoking.
(z) “Trial Court” means the Trial Court of the Oneida Nation Judiciary.
(aa) “Tribal property” means all land owned in fee by the Nation or held in trust by the
United States for the benefit of the Nation, excluding leased parcels and parcels under a
right of way.
(bb) “Venerated object” means any object of worship, devotion, reverence, tradition, or
adoration regarded with great respect.
(cc) “Weapon” means guns, switchblade knives, knives with blades longer than three (3)
inches that are not being used for food preparation, electric weapons, billy clubs, and any
other similar instrument or device.
309.4. Jurisdiction and Authority
309.4-1. Jurisdiction of the Court. The Trial Court shall have jurisdiction over any action brought
under this law.
309.4-2. Standard of Proof. All matters to be decided by the Trial Court shall be proven by clear
and convincing evidence.
309.4-3. Authority of the Oneida Police Department. The Oneida Police Department shall have
the authority to:
(a) investigate complaints involving civil infractions under this law; and
(b) issue citations for violations of this law.
309.4-4. General Prohibition of Civil Infractions. No person shall commit a civil infraction under
this law.
309.5. Civil Infractions Against Property
309.5-1. Damage to Property. A person commits the civil infraction of damage to property if he
or she, without the consent of the owner:
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(a) damages or destroys the property of the owner;
(b) tampers with property of the owner and causes pecuniary loss or substantial
inconvenience to the owner or a third person;
(c) makes markings, including inscriptions, slogans, drawings, or paintings on the property
of the owner; or
(d) alters, defaces, or damages in any way property owned by the Nation.
309.5-2. Reckless Damage or Destruction. A person commits the civil infraction of reckless
damage or destruction if without the consent of the owner he or she recklessly damages or destroys
the property of the owner.
309.5-3. Trespass. A person commits the civil infraction of trespass if he or she:
(a) enters or remains on private property or Tribal property without consent and he or she:
(1) had notice that the entry was forbidden; or
(2) received notice or order to depart but failed to do so.
(b) Notice. Notice or an order to depart may be given by:
(1) written or verbal communication given to the intruder by an Oneida Police
Department officer, the owner of the property, or a person authorized to act on
behalf of the owner;
(2) written notice posted on or about the property in a manner reasonably likely to
come to the attention of potential intruders; or
(3) fences, barricades, or other devices manifestly designed to enclose the property
and to exclude potential intruders.
309.5-4. Theft. A person commits the civil infraction of theft is he or she:
(a) obtains, exercises control over, or conceals anything of value of another without the
consent of the owner; or
(b) having lawfully obtained possession for temporary use of the property, deliberately
and without consent, fails to return or reveal the whereabouts of said property to the owner,
his or her representative or the person from which he or she has received it with the intent
to permanently deprive the owner of its use and benefit.
309.5-5. Retail Theft. A person commits the civil infraction of retail theft if he or she without the
merchant's consent and with intent to deprive the merchant permanently of possession or the full
purchase price of the merchandise or property:
(a) intentionally alters indicia of price or value of merchandise held for resale by a
merchant or property of a merchant;
(b) intentionally takes and carries away merchandise held for resale by a merchant or
property of a merchant;
(c) intentionally transfers merchandise held for resale by a merchant or property of a
merchant;
(d) intentionally conceals merchandise held for resale by a merchant or property of a
merchant;
(e) intentionally retains possession of merchandise held for resale by a merchant or
property of a merchant;
(f) while anywhere in the merchant's premises, intentionally removes a theft detection
device from merchandise held for resale by a merchant or property of a merchant;
(g) uses, or possesses with intent to use, a theft detection shielding device to shield
merchandise held for resale by a merchant or property of merchant from being detected by
an electronic or magnetic theft alarm sensor; or
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(h) uses, or possesses with intent to use, a theft detection device remover to remove a theft
detection device from merchandise held for resale by a merchant or property of a merchant.
309.5-6. Loitering. A person commits the civil infraction of loitering if he or she loiters or prowls
in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that
warrant alarm for the safety of persons or property in the vicinity.
(a) Among the circumstances which may be considered in determining whether such alarm
is warranted is the fact that the person:
(1) takes flight upon appearance of an Oneida Police Department Officer;
(2) refuses to identify himself or herself or manifestly endeavors to conceal himself
or herself or any object; or
(3) refuses to leave the premises after being requested to move by an Oneida Police
Department officer or by any person in authority at such place.
309.5-7. Fraud. A person commits the civil infraction of fraud if, to obtain property, money, gain,
advantage, interest, asset, or services for himself or herself or another he or she:
(a) makes a materially false or misleading statement which he or she knows to be untrue
or makes a remark with reckless disregard to the accuracy of the statement;
(b) withholds information by misrepresentation or deceit; or
(c) with intent to defraud or harm another, he or she destroys, removes, conceals, alters,
substitutes or otherwise impairs the verity, legibility, or availability of a writing.
309.5-8. Negligent Handling of Burning Material. A person commits the civil infraction of
negligent handling of burning material if he or she handles burning material in a highly negligent
manner in which the person should realize that a substantial and unreasonable risk of serious
damage to another person or another’s property is created.
309.6. Civil Infractions Against the Peace
309.6-1. Disorderly Conduct. A person commits the civil infraction of disorderly conduct if he
or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise
disorderly conduct under circumstances in which the conduct tends to cause or provoke a
disturbance. A civil infraction of disorderly conduct may include, but is not limited to, the
following behaviors:
(a) fights with another person within the boundaries of the Reservation;
(b) discharges a firearm or air gun that is prohibited;
(c) makes or causes to be made any loud, disturbing or unnecessary sounds or noises which
may annoy or disturb a person of ordinary sensibilities;
(1) Between the hours of 10:00 p.m. and 6:00 a.m. any excessive noise shall be
prohibited.
(d) abuses or threatens a person on Tribal property in an obviously offensive manner;
(e) lies or sleeps on any street, alley or sidewalk, or in any other Tribal property, or upon
private property that he or she has no right to occupy; or
(f) uses abusive, indecent, profane, or vulgar language in Tribal property, and the language
by its very utterance tends to incite an immediate breach of the peace.
309.6-2. Carrying a Prohibited Weapon. A person commits the civil infraction of carrying a
prohibited weapon if he or she bears or carries on or about his or her person, whether in the open
or concealed, a weapon on Tribal property, including any buildings, gaming or retail business,
facility, construction site, fleet vehicle, or at any event sponsored by the Nation.
(a) Exceptions. An individual shall not be considered to have committed the civil
infraction of carrying a prohibited weapon if he or she is actively engaged in:
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(1) the performance of the duties of his or her employment which requires a
weapon to be carried, including sworn law enforcement officers or vendors who
transport or distribute cash;
(2) hunting, fishing, or trapping in accordance with the Nation’s laws and rules
governing hunting, fishing, and trapping; or
(3) cultural activities or ceremonies.
309.6-3. Gang Related Activity. A person commits the civil infraction of gang activity if he or
she participates in any activity with a gang which:
(a) creates an atmosphere of fear and intimidation in the community;
(b) engages in acts injurious to the public health, safety, or morals of the Nation; or
(c) engages in gang-focused illegal activity either individually or collectively.
309.6-4. Throwing or Shooting Projectiles. A person commits the civil infraction of throwing or
shooting projectiles if he or she throws or shoots any object, stone, snowball, or other projectile
by hand or by any other means, at any person, or at or into any building, street, sidewalk, alley,
highway, park, playground or other public place.
309.6-5. Obstructing Streets and Sidewalks. A person commits the civil infraction of obstructing
streets and sidewalks if he or she stands, sits, loafs, loiters, engages in any sport of exercise, or
uses or maintains a motor vehicle on any public street, sidewalk, bridge, or public ground within
the Reservation in such manner as to:
(a) prevent or obstruct the free passage of pedestrian or vehicular traffic;
(b) prevent or hinder free ingress to or egress from any place of business or amusement or
any church, public building or meeting place; or
(c) prevent the Nation from utilizing a snowplow or other maintenance equipment or
vehicles.
309.6-6. Nuisance. A person commits the civil infraction of nuisance whenever he or she engages
in a thing, act, occupation, condition or use of property which shall continue for such length of
time as to:
(a) substantially annoy, injure or endanger the comfort, health, repose or safety of the
public;
(b) in any way render the public insecure in life or in the use of property; or
(c) greatly offend the public morals or decency.
309.6-7. Maintaining a Chronic Nuisance House. A person commits the civil infraction of
maintaining a chronic nuisance house if he or she has three (3) or more police contacts occurring
during a twelve (12) month period at the premises that he or she owns or occupies through a lease
or rental agreement.
309.6-8. Interfering with Lawful Arrest or Resisting Arrest. A person commits the civil infraction
of interfering with lawful arrest or resisting arrest if by force, violence or other means, he or she:
(a) interferes, hinders or resists any Oneida Police Department officer in the performance
of his or her official duties;
(b) flees from any Oneida Police Department officer who is attempting to lawfully arrest
or detain him or her; or
(c) assists another to avoid a lawful arrest or harbors a fugitive.
309.7. Civil Infractions Against Government
309.7-1. Disrupting a Meeting or Government Function. A person commits the civil infraction
of disrupting a meeting or government function if he or she:
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(a) conducts himself or herself in a manner intended to prevent or disrupt a lawful meeting
held in any property owned or controlled by the Nation;
(b) refuses or fails to leave any Tribal property upon being requested to do so by any official
charged with maintaining order in such Tribal property;
(c) willfully denies any official, employee or member of the Nation the lawful right of such
person to enter, to use the facilities, or to leave any Tribal property;
(d) at or in any Tribal property willingly impedes any official or employee in the lawful
performance of his or her duties or activities through the use of restraint, coercion,
intimidation or by force and violence or threat thereof; or
(e) at any meeting or session conducted by any official of the Nation, held in any Tribal
property; through the use of restraint, coercion, intimidation or by force and violence or
threat thereof; willfully impedes, disrupts, or hinders the normal proceedings of such a
meeting or session by any act of intrusion into the chamber or other areas designated for
the use of the body or official to conduct such a meeting.
309.7-2. Breach of Confidentiality. A person commits the civil infraction of breach of
confidentiality if he or she;
(a) makes or disseminates any unauthorized audio or video recording within the designated
meeting area of a General Tribal Council meeting, or executive session portion of a meeting
of the Oneida Business Committee or any other board, committee, or commission of the
Nation; or
(b) disseminates any confidential meeting materials of the General Tribal Council, Oneida
Business Committee, or any other board, committee, or commission of the Nation,
including but not limited to, meeting packets and meeting minutes, to any individual not
authorized to access the materials.
309.7-3. Threatening an Official. A person commits the civil infraction of threatening an official
if he or she threatens to inflict serious injury against an official, a member of the official’s family,
or the official’s property as a result of any action taken by the official in the course of his or her
duties.
309.8. Civil Infractions Against the Person
309.8-1. Assault. A person commits the civil infraction of assault if he or she:
(a) causes bodily harm to another;
(b) threatens another with imminent bodily harm;
(c) causes physical contact with another when the person knows or should reasonably
believe that the other person will regard the contact as offensive or provocative;
(d) uses or exhibits a weapon during the commission of the assault; or
(e) forcibly assaults or intimidates any authorized law enforcement official lawfully
discharging an official duty.
309.8-2. Harassment. A person commits the civil infraction of harassment if, with intent to harass,
alarm, abuse, or torment another he or she:
(a) initiates communication in person, by telephone, in writing, or through any means of
electronic communication and in the course of the communication makes a comment,
request, suggestion or proposal that is obscene or false;
(b) threatens, in person, by telephone, in writing, or through any means of electronic
communication in a manner reasonably likely to alarm the person receiving the threat, to
inflict serious injury against the person, a member of his or her family, or his or her
property;
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(c) conveys, in a manner reasonably likely to alarm the person receiving the report, a false
report, which is known by the conveyer to be false, that another person has suffered death
or serious bodily harm;
(d) causes the telephone of another to ring repeatedly or makes repeated telephone
communications anonymously or in a manner reasonably likely to harass, alarm, abuse,
torment, or offend another;
(e) knowingly permits a telephone or electronic device under his or her control to be used
by a person to commit an infraction under this section; or
(f) intentionally subjects another to sexual harassment.
309.8-3. Abuse of Individuals at Risk. A person commits the civil infraction of abuse of
individuals at risk if he or she subjects an adult at risk or elder at risk to any of the following:
(a) physical abuse;
(b) emotional abuse;
(c) sexual abuse;
(d) unreasonable confinement or restraint;
(e) financial exploitation; or
(f) deprivation of a basic need for food, shelter, clothing, or personal or health care,
including deprivation resulting from the failure to provide or arrange for a basic need by a
person who has assumed responsibility for meeting the need voluntarily or by contract,
agreement, or court order.
309.8-4. Truancy. A person commits the civil infraction of truancy if he or she fails without good
cause to ensure that a child he or she is responsible for the care of attends school in accordance
with the rules of the school district in which the child is enrolled.
309.9. Civil Infractions Involving Alcohol, Tobacco, and Drugs
309.9-1. Public Intoxication. A person commits the civil infraction of public intoxication if he or
she appears intoxicated by alcohol beverages or prohibited drugs on Tribal property to the degree
that the person may endanger himself or herself, or another person.
309.9-2. Unauthorized Alcohol Beverage. A person commits the civil infraction of unauthorized
alcohol beverage if he or she consumes or possesses any open or unsealed container containing an
alcohol beverage on any public way, in any parking lot held for public use, or on or within the
premises of a public place or on or in any motor vehicle on a public way or in parking lot held out
for public use, unless such person is on the premises of an establishment holding a valid license
for the on premises consumption of alcoholic beverages. No person may possess or consume an
alcohol beverage on school premises or while participating in a school-sponsored activity.
309.9-3. Underage Possession of Alcohol. A person commits the civil infraction of underage
possession of alcohol if he or she purchases, attempts to purchase, possesses, or consumes an
alcohol beverage prior to reaching the age of twenty-one (21) years unless accompanied by his or
her parent, guardian, or spouse who has attained the legal drinking age.
309.9-4. Furnishing Alcohol Beverages to Minors. A person commits the civil infraction of
furnishing alcohol beverages to minors if he or she procures for, sells, dispenses or gives away any
alcohol beverages to any person under the age of twenty-one (21) years who is not accompanied
by his or her parent, guardian, or spouse who has attained the legal drinking age.
309.9-5. Underage Possession of Tobacco. A person commits the civil infraction of underage
possession of tobacco if he or she purchases, attempts to purchase, possesses, or consumes a
cigarette, electronic cigarette, or other tobacco product prior to reaching the age of twenty-one (21)
years.
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309.9-6. Furnishing Tobacco to Minors. A person commits the civil infraction of furnishing
tobacco to minors if he or she procures for, sells, dispenses or gives away a cigarette, electronic
cigarette, or other tobacco product to any person under the age of twenty-one (21) years.
309.9-7. Misrepresentation of Identification Card. A person commits the civil infraction of
misrepresentation of identification card if he or she:
(a) intentionally carries an official identification card not legally issued to him or her, an
official identification card obtained under false pretenses or an official identification card
which has been altered or duplicated to convey false information;
(b) makes, alters or duplicates an official identification card purporting to show that he or
she has attained the legal age to purchase and consume alcohol beverages or cigarettes,
electronic cigarettes, or other tobacco products;
(c) presents false information to an issuing officer in applying for an official identification
card; or
(d) intentionally carries an official identification card or other documentation showing that
the person has attained the legal age to purchase and consume alcohol beverages or
cigarettes, electronic cigarettes, or other tobacco products, with knowledge that the official
identification card or documentation is false.
309.9-8. Possession of Prohibited Drugs. A person commits the civil infraction of possession of
prohibited drugs if he or she possesses or consumes a prohibited drug or is in possession of any
drug paraphernalia.
309.9-9. Manufacturing Prohibited Drugs. A person commits the civil infraction of
manufacturing prohibited drugs if he or she manufactures, sells, or distributes any prohibited drug
or drug paraphernalia.
309.9-10. Maintaining a Drug House. A person commits the civil infraction of maintaining a
drug house if he or she owns or occupies any premise that is used to facilitate the use, delivery,
distribution or manufacture of a prohibited drug.
309.9-11. Determination of Prohibited Drugs. An Oneida Police Department officer shall make
the determination as to whether a substance is a prohibited drug using standard law enforcement
field testing practices.
309.10. Civil Infractions Affecting Health and Safety
309.10-1. Littering. A person commits the civil infraction of littering if he or she deposits, throws,
dumps, discards, abandons, leaves any litter on any private property or Tribal property.
309.10-2. Unsightly Areas. A person commits the civil infraction of unsightly areas if he or she
allows any scrap, refuse, junk, salvage, rubbish or property within the exterior boundaries of the
Reservation that creates unsightly areas or contributes to health and safety hazards.
309.10-3. Depositing Human Waste. A person commits the civil infraction of depositing human
waste if he or she urinates or defecates upon any public or private property other than into a toilet
or other device designed and intended to be used to ultimately deposit such human waste products
into a septic or sanitary sewer system.
309.10-4. Exposure of a Communicable or Infectious Disease. A person commits the civil
infraction of exposure of a communicable or infectious disease if he or she is knowingly infected
with a communicable or infectious disease and willfully exposes himself or herself to another
person, which puts that person in danger of contracting the communicable or infectious disease.
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309.11. Enforcement and Penalties
309.11-1. Issuance of a Citation. An individual who violates a provision of this law may be
subject to the issuance of a citation by an Oneida Police Department officer.
(a) A citation for a violation of this law or any orders issued pursuant to this law may
include fines and other penalties, as well as conditional orders made by the Trial Court.
(b) A citation for a violation of this law shall be processed in accordance with the
procedure contained in the Nation’s laws and policies governing citations.
(c) Notice to the Comprehensive Housing Division. An Oneida Police Department officer
shall provide notice to the Oneida Law Office attorney assigned to the Comprehensive
Housing Division of any citation issued to an individual located at a property rented or
leased through the Comprehensive Housing Division. Any information or reports shared
by the Oneida Police Department officer with the Oneida Law Office attorney shall remain
confidential as agreed upon between the Oneida Law Office and the Oneida Police
Department Chief of Police.
309.11-2. Penalties. Upon a finding by the Trial Court that a violation of this law has occurred,
the individual may be subject to the following penalties:
(a) Fines. An individual may be ordered to pay a fine as a result of a violation of this law.
The Oneida Business Committee shall adopt through resolution a citation schedule which
sets forth specific fine amounts for violations of this law.
(1) All fines shall be paid to the Judiciary.
(2) Fines shall be paid within ninety (90) days after the order is issued or upheld
on final appeal, whichever is later.
(A) The ninety (90) day deadline for payment of fines may be extended if
an alternative payment plan is negotiated by the Oneida Law Office and
approved by the Trial Court.
(3) If an individual does not pay his or her fine the Trial Court may seek to collect
the money owed through the Nation’s garnishment and/or per capita attachment
process or any other collection process available to the Trial Court.
(4) 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.
(b) Community Service. An individual may be ordered to perform community service.
Community service can be used in lieu of, or in addition to, a fine.
(1) All community service assignments shall be approved by the Trial Court. The
Trial Court shall give preference to culturally relevant community service
assignments or community service assignments that focus on the betterment of the
individual’s community.
(2) The Trial Court shall provide the individual a written statement of the terms of
the community service order, and a statement that the community service order is
monitored.
(3) The Trial Court’s community service order shall specify:
(A) how many hours of community service the individual is required to
complete;
(B) the time frame in which the hours shall be completed;
(C) how the individual shall obtain approval for his or her community
service assignment;
(D) how the individual shall report his or her hours; and
(E) any other information the Trial Court determines is relevant.
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(c) Counseling or other Programs. An individual may be ordered to participate in
counseling or any other program relevant and available to the Nation.
(d) Restitution. An individual may be ordered to pay restitution, which may include the
repayment of any improperly received benefit, or any other payment which is intended to
make another whole after suffering losses as a result of the actions of the individual.
(1) The Trial Court shall determine an appropriate amount of restitution to be paid
for the theft or damage of any venerated object, which may be higher than the
monetary value of the venerated object due to its venerated status.
(e) Any other penalty as deemed appropriate by the Trial Court.
End.
Adopted – BC-__-__-__-__
3. O.C. 309 – Page 11
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FINANCE ADMINISTRATION
Fiscal Impact Statement
MEMORANDUM
TO:
Lawrence Barton, Chief Financial Officer
FROM:
RaLinda Ninham-Lamberies, Assistant Chief Financial Officer
DATE:
August 17, 2021
RE:
Fiscal Impact of the Public Peace Law
I.
Estimated Fiscal Impact Summary
Law: Public Peace Law
Oneida Nation Judiciary
Oneida Police Department
Implementing Agency
Oneida Law Office
Comprehensive Housing Division
Fiscal Year 2022
Ten Year Estimate
Total Estimated Fiscal Impact
Indeterminate
Indeterminate
II.
Background
A. Legislative History
This law would set forth community standards and expectations which preserve
peace, harmony, safety, health, and general welfare. The Law was drafted after
hearing concerns from Oneida Business Committee and community members
regarding issues and problems occurring in neighborhoods throughout the
Reservation.
B. Summary of Content
The law prohibits a person from committing a civil infraction. The law details what
constitutes various civil infractions and organizes civil infractions into the following
categories:
•
Civil infractions against property:
o Damage to property;
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•
•
•
•
•
o Reckless damage or destruction;
o Trespass;
o Theft;
o Retail theft;
o Loitering;
o Fraud; and
o Negligent handling of burning material.
Civil infractions against the peace:
o Disorderly conduct;
o Carrying a prohibited weapon;
o Gang related activity;
o Throwing or shooting projectiles;
o Obstructing streets and sidewalks;
o Nuisance;
o Maintaining a chronic nuisance house; and
o Interfering with lawful arrest or resisting arrest.
Civil infractions against government:
o Disrupting a meeting or government function;
o Breach of confidentiality; and
o Threatening an official.
Civil infractions against the person:
o Assault;
o Harassment;
o Abuse of individuals at risk; and
o Truancy.
Civil infractions involving alcohol, tobacco, and drugs:
o Public intoxication;
o Unauthorized alcohol beverage;
o Underage possession of alcohol;
o Furnishing alcohol beverages to minors;
o Underage possession of tobacco;
o Furnishing tobacco to minors;
o Misrepresentation of identification card;
o Possession of prohibited drugs;
o Maintaining a drug house; and
o Determination of a prohibited drug.
Civil infractions affecting health and safety:
o Littering;
o Unsightly areas;
o Depositing human waste; and
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o Exposure of a communicable or infectious disease.
Enforcement of the law is delegated to the Oneida Police Department to investigate
complaints and to issue citations for violations of the Law. The Trial Court has
jurisdiction over any action brought under this Law. Violations of the Law may include
fines and other penalties, as well as conditional orders as determined by the Trial Court.
The Law requires notification of citations within Comprehensive Housing units by the
Oneida Police Department to Oneida Law Office attorney assigned to the
Comprehensive Housing Division.
III.
Methodology and Assumptions
A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year
financial effects associated with legislation and includes startup costs, personnel, office,
documentation costs, as well as an estimate of the amount of time necessary for an
agency to comply with the Law after implementation.
Finance does NOT identify the source of funding for the estimated cost or allocate any
funds to the legislation.
The analysis was completed based on the information provided as of the date of this
memo.
IV.
Agency
The Oneida Police Department has identified the Law can be implemented within
existing financial resources currently available to the Oneida Police Department.
The Oneida Judiciary has not provided information additional financial resources would
be necessary to implement the Law.
Comprehensive Housing has determined existing policies and procedures would need to
be either be written or amended in accordance with the Law. This will require working
sessions with various entities including Elder Services, OPD, TAP, Zoning, Behavioral
Health, and Comprehensive Housing. Estimated timeline is six (6) months.
Comprehensive Housing has identified a potential increase in the number of rental
terminations and homeowner lease terminations that may occur with implementing the
Law. These terminations involve personnel time, land lease changes, Law Office
personnel time, and Judiciary time.
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Comprehensive Housing has identified the fiscal impact may include the cost to buy
home at the appraised cost offset by the cost to address any safety/code violations
identified by a 3rd party home inspection. There is a loss of mortgage income and interest
while the home is being renovated. There is an increased cost to maintain the utilities and
maintenance of the home while vacant. The renovation may include addressing
deficiencies not noted in the 3rd party inspection which would be an additional cost. The
Law currently has no provision to identify terminated homeowners or renters as
ineligible. There may be additional expenses assisting the terminated homeowner or
renter a replacement housing unit.
At the time of the financial analysis, information to assess the financial impact brought
forward by Comprehensive Housing was unavailable due to a lack of historical trends.
The financial impact is indeterminate.
The Law includes the ability to implement fines which may be used to reduce the fiscal
impact, however, at the time of the analysis information required to assess the impact
such as number of citations to be issued and schedule of fines was unavailable. Due to
these variables, the financial impact of this section of the Law is indeterminate.
V.
Financial Impact
The financial impact of the Law is indeterminate.
VI.
Recommendation
Finance Department does not make a recommendation regarding course of action in this
matter. Rather, it is the purpose of this report to disclose potential financial impact of this
legislation, so that the Oneida Business Committee and General Tribal Council has the
information with which to render a decision
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Adopt resolution entitled Public Peace Law Citation Schedule
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # _____________
Public Peace Law Citation Schedule
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Public Peace law (‘the Law”) was adopted by the Oneida Business Committee through
resolution BC-__-__-__-__; and
WHEREAS,
the purpose of the Law is to set forth community standards and expectations which
preserve the peace, harmony, safety, health, and general welfare of individuals who live
within the boundaries of the Reservation; and
WHEREAS,
the Law prohibits any person from committing a civil infraction under this Law; and
WHEREAS,
the Law sets forth various civil infractions including:
• Civil infractions against property;
• Civil infractions against the peace;
• Civil infractions against government;
• Civil infractions against the person;
• Civil infractions involving alcohol, tobacco, and drugs;
• Civil Infractions affecting health and safety; and
WHEREAS,
the Law provides that an individual who violates a provision of this Law by committing a
civil infraction may be subject to the issuance of a citation by an Oneida Police Department
officer; and
WHEREAS,
any citation issued for a violation of this Law shall be processed in accordance with the
procedure contained in the Nation’s laws and policies governing citations; and
WHEREAS,
the Trial Court is delegated jurisdiction over any action brought under this Law; and
WHEREAS,
the Law delegates authority to the Oneida Business Committee to adopt through resolution
a citation schedule which sets forth specific fine amounts for violations of this Law; and
NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee hereby sets forth the
following citation schedule to be used for violations of the Public Peace law:
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BC Resolution # _______
Public Peace Law Citation Schedule
Page 2 of 4
PUBLIC PEACE LAW CITATION SCHEDULE
Violation
Damage to Property
Reckless Damage or Destruction
Trespass
Theft
Retail Theft
Reference
1st
Offense
2nd
Offense
3rd
Offense
or More
Civil Infractions Against Property
309.5-1
Loss less than $50
$50
$150
$200
Loss more than $20, less than $250
$250
$500
$1000
Loss $250 or more
$500
$750
$2000
309.5-2
Loss less than $20
$50
$150
$200
Loss more than $20, less than $250
$250
$500
$1000
Loss $250 or more
$500
$750
$2000
309.5-3
$250
$500
$1000
309.5-4
Theft less than $50
$50
$150
$200
Theft more than $20, less than
$250
$250
$500
$1000
Theft $250 or more
$500
$750
$2000
309.5-5
Theft less than $50
$50
$150
$200
Theft more than $20, less than
$250
$250
$500
$1000
Theft $250 or more
$500
Loitering
Fraud
309.5-6
309.5-7
Negligent Handling of Burning
Material
309.5-8
Disorderly Conduct
$750
$2000
$100
$200
$300
Loss less than $50
$50
$150
$200
Loss more than $20, less than $250
$250
$500
$1000
Loss $250 or more
$500
$750
$2000
$100
$200
$500
Civil Infractions Against the Peace
309.6-1
$250
$500
$1000
Mandatory
Appearance
Required?
Yes
Yes
Yes
Yes
Yes, if value
of retail theft
more than
$50 in value.
No, if value
of retail theft
less than
$50 in value.
No
Yes
No
No for 1st or
2nd Offense
–
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BC Resolution # _______
Public Peace Law Citation Schedule
Page 3 of 4
Carrying a Prohibited Weapon
Gang Related Activity
Throwing or Shooting a Projectile
Obstructing Streets or Sidewalks
Nuisance
Maintaining a Chronic Nuisance
House
Interfering with Lawful Arrest or
Resisting Arrest
Disrupting a Meeting or
Government Function
Breach of Confidentiality
Threatening an Official
309.6-2
309.6-3
309.6-4
309.6-5
309.6-6
309.6-7
$250
$250
$100
$25
$100
$250
$500
$500
$200
$50
$200
$500
$1000
$1000
$300
$100
$300
$1000
Yes for 3rd
Offense or
More
No
No
No
No
Yes
Yes
309.6-8
$250
$500
$1000
Yes
Civil Infractions Against Government
309.7-1
$100
$250
$500
No for 1st
Offense –
Yes for 2nd
Offense or
More
No for 1st
Offense
–
Yes for 2nd
Offense or
More
Yes
309.7-2
$100
$250
$500
309.7-3
$250
$500
$1000
Civil Infractions Against the Person
Assault
309.8-1
$250
$500
$1000
Harassment
309.8-2
$100
$300
$500
Abuse of Individuals at Risk
309.8-3
$500
$750
$1000
Truancy
309.8-4
$50
$75
$100
Civil Infractions Involving Alcohol, Tobacco, and Drugs
Public Intoxication
309.9-1
$100
$200
$300
Unauthorized Alcohol Beverage
309.9-2
$100
$200
$300
Underage Possession of Alcohol
309.9-3
$100
$200
$300
Furnishing Alcohol Beverages to
309.9-4
$250
$500
$1000
Minors
Underage Possession of Tobacco
309.9-5
$50
$75
$100
Furnishing Tobacco to Minors
309.9-6
$150
$300
$500
Misrepresentation of Identification
309.9-7
$100
$200
$300
Card
Possession of Prohibited Drugs
309.9-8
$250
$500
$1000
Manufacturing Prohibited Drugs
309.9-9
$750
$1000
$2000
Maintaining a Drug House
309.9-10
$750
$1000
$2000
Civil Infractions Affecting Health and Safety
Littering
309.10-1
$25
$50
$100
Unsightly Areas
309.10-2
$100
$250
$350
Yes
Yes
Yes
Yes
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No for 1st or
2nd Offense
–
Yes for 3rd
Offense or
More
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BC Resolution # _______
Public Peace Law Citation Schedule
Page 4 of 4
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Depositing Human Waste
Exposure of a Communicable or
Infectious Disease
309.10-3
309.10-4
$100
$500
$200
$750
$300
$1000
No
Yes
BE IT FURTHER RESOLVED, that in addition to the fines listed above, additional penalties issued by the
Trial Court may include community service, participation in counseling or other programs, restitution, or any
other penalty as deemed appropriate by the Trial Court as provided for by the Public Peace law.
BE IT FURTHER RESOLVED, in addition to the fine amount as provided in the citation schedule above,
any citation issued for a violation of this Law shall also include court costs as assessed by the Oneida
Nation Judiciary.
BE IT FURTHER RESOLVED, criminal charges and referrals may be appropriate in certain cases and are
not prohibited.
BE IT FURTHER RESOLVED, the Oneida Police Department officer issuing the citation shall have the
discretion to require a mandatory appearance of the offender at the Trial Court’s citation pre-hearing for
any violation of this Law if deemed appropriate.
BE IT FURTHER RESOLVED, the issuance of a citation to any offender who has not attained the age of
eighteen (18) years shall require the mandatory appearance of the offender and their parent(s), guardian(s),
or legal custodian(s) at the Trial Court’s citation pre-hearing.
BE IT FURTHER RESOLVED, for any offender who has not attained the age of eighteen (18) years, a
violation committed within twelve (12) months of a previous violation shall be considered a second or
subsequent violation.
BE IT FINALLY RESOLVED, the Oneida Business Committee hereby adopts this resolution which shall
become effective on September 22, 2021.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Public Peace Law Citation Schedule
Summary
Through this resolution the Oneida Business Committee adopts a citation schedule for violations
of the Public Peace law.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: August 27, 2021
Analysis by the Legislative Reference Office
The Public Peace law (“the Law”) was adopted to set forth community standards and expectations
which preserve the peace, harmony, safety, health, and general welfare of individuals who live
within the boundaries of the Reservation. [3 O.C. 309.1-1].
The Law sets forth various civil infractions and prohibits any person from committing a civil
infraction. [3 O.C. 309.4-4]. Civil infractions provided for in the Law include:
Civil infractions against property [3 O.C. 309.5];
Civil infractions against the peace [3 O.C. 309.6];
Civil infractions against government [3 O.C. 309.7];
Civil infractions against the person [3 O.C. 309.8];
Civil infractions involving alcohol, tobacco, and drugs [3 O.C. 309.9]; and
Civil Infractions affecting health and safety [3 O.C. 309.10].
Officers of the Oneida Police Department are delegated the authority to issue a citation to any
individual who violates a provision of this Law by committing a civil infraction. [3 O.C. 309.4-3,
309.11-1]. Any citation issued for a violation of this Law shall be processed in accordance with
the procedures contained in the Nation’s laws and policies governing citations, which is the
Citations law. [3 O.C. 309.11-1(b)]. The Nation’s Trial Court is then delegated jurisdiction over
any action brought under this Law. [3 O.C. 309.4-1].
One penalty the Trial Court may utilize upon a finding that an individual has committed a violation
of the Law is the issuance of fines. [3 O.C. 309.11-2(a)]. The Law delegates authority to the
Oneida Business Committee to adopt through resolution a citation schedule which sets forth
specific fine amounts for violations of this Law. [3 O.C. 309.11-2(a)].
This resolution sets forth the citation schedule which includes the specific fine amounts for various
violations of this Law. This resolution also sets forth additional information regarding citations,
including:
Whether a mandatory appearance at the citation pre-hearing is required for each violation
of the Law in accordance with the Citations law [8 O.C. 807.6-1(a)];
Page 1 of 2
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This resolution also requires a mandatory appearance at the citation pre-hearing for
an offender who has not attained the age of eighteen (18) years, along with their
parent(s), guardian(s), or legal custodian(s), no matter what violation occurred.
This resolution also delegates discretion to the Oneida Police Department officer
issuing the citation to require a mandatory appearance of the offender at the Trial
Court’s citation pre-hearing for any violation of this Law if deemed appropriate.
Criminal charges and referrals may be appropriate in certain cases and are not prohibited
by this Law;
In addition to the fine amount as provided in the citation schedule, any citation issued for
a violation of this Law shall also include court costs as assessed by the Oneida Nation
Judiciary; and
When determining whether a violation is a subsequent violation for an offender who has
not attained the age of eighteen (18), a violation committed within twelve (12) months of
a previous violation shall be considered a second or subsequent violation.
Upon adoption by the Oneida Business Committee this resolution will become effective on
September 22, 2021.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
Page 2 of 2
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Accept the August 18, 2021, regular Legislative Operating Committee meeting minutes
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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 MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
August 18, 2021
9:00 a.m.
Present: David P. Jordan, Marie Summers, Kirby Metoxen, Daniel Guzman King
Excused: Jennifer Webster
Others Present: Clorissa N. Santiago, Kristen Hooker, Lawrence Barton, Shannon Davis, Justin
Nishimoto (Microsoft Teams), Eric Boulanger (Microsoft Teams), Geraldine Danforth (Microsoft
Teams), Nic Reynolds (Microsoft Teams), Kristal Hill (Microsoft Teams), Rhiannon Metoxen
(Microsoft Teams), Lorna Skenandore (Microsoft Teams), Wendy Alvarez (Microsoft Teams)
I.
Call to Order and Approval of the Agenda
David P. Jordan called the August 18, 2021, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Marie Summers to adopt the agenda as is; seconded by Kirby Metoxen. Motion
carried unanimously.
II.
Minutes to be Approved
1. August 4, 2021 LOC Meeting Minutes
Motion by Marie Summers to approve the minutes of August 4, 2021 and forward to the
Oneida Business Committee; seconded by Kirby Metoxen. Motion carried.
III.
Current Business
1. Furlough Law Amendments
Motion by Kirby Metoxen to approve the draft amendments to the Furlough law and
legislative analysis and defer to a work meeting; seconded by Daniel Guzman King.
Motion carried unanimously.
2. Local Land Use Regulation Reimbursement Policy Repeal
Motion by Kirby Metoxen to approve the Local Land Use Regulation Reimbursement
Policy Repeal legislative analysis and public meeting notice, and tentatively schedule a
public meeting for the repeal of the Local Land Use Regulation Reimbursement Policy to
be held on September 9, 2021; seconded by Marie Summers. Daniel Guzman King
abstained. Motion carried.
IV.
New Submissions
1. Fire Signs Law
Motion by Marie Summers to add the Fire Signs law to the Active Files List with David
Jordan as the sponsor; seconded by Kirby Metoxen. Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of August 18, 2021
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2. Personnel Policies and Procedures Amendments – Revision of HRD Manager
Title
Motion by Marie Summers to accept the information provided in the request as FYI;
seconded by Kirby Metoxen. Motion carried unanimously.
3. Workplace Violence Law Amendments
Motion by Kirby Metoxen to accept the information provided in the request as FYI;
seconded by Marie Summers. Motion carried unanimously.
4. Personnel Policies and Procedures Amendments – Selection Policy
Motion by Marie Summers to accept for emergency LOC process with Marie Summers as
the sponsor; seconded by Kirby Metoxen. Motion carried unanimously.
V.
Additions
VI.
Administrative Items
1. Legislative Operating Committee FY21 Third Quarter Report
Motion by Marie Summers to approve the LOC FY21 Third Quarter Report and forward
to the Oneida Business Committee; seconded by Daniel Guzman King. Motion carried
unanimously.
VII.
Executive Session
VIII. Adjourn
Motion by Daniel Guzman King to adjourn at 9:35 a.m.; seconded by Marie Summers.
Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of August 18, 2021
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Oneida Business Committee Agenda Request
Adopt Leasing law rule # 5 - Tribal Housing Reacquisition of Individual Fee and Trust Title (THRIFTT)
1. Meeting Date Requested:
09 / 08 / 21
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Standing Committees
Accept as Information only
Action - please describe:
Consider adoption of the Leasing law Rule No. 5 - Tribal Housing Reacquisition of Individual Fee and Trust
Title (THRIFTT)
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Adoption Packet
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
David P. Jordan, Councilmember
Primary Requestor/Submitter:
Kristen M. Hooker, LRO Staff Attorney
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Unbudgeted
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Oneida Business Committee
David P. Jordan, Legislative Operating Committee Chairman
September 1, 2021
Certification of Leasing law Rule No. 5 – Tribal Housing Reacquisition of
Individual Fee and Trust Title (THRIFTT)
On September 1, 2021, the Legislative Operating Committee reviewed and certified Leasing law
Rule No. 5 – Tribal Housing Reacquisition of Individual Fee and Trust Title (“Rule”), finding
good cause under section 106.7-1(a) of the Administrative Rulemaking law (“Law”) to certify the
Rule, despite being presented for certification outside of the time limits allowed by Law upon
closure of the public comment period. [1 O.C. 106.7-1(a)]. Certification by the Legislative
Operating Committee means:
The certification packet provided by the Comprehe
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