Oneida Business Committee (2021)

Tribal code

Ask Donna

What actually matters in this document.

Text

Public Packet

1 of 267

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.

2 of 267

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

VII.

3 of 267

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.

4 of 267

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.

5 of 267

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

XV.

6 of 267

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

7 of 267

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

8 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 – 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

9 of 267

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

10 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 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

11 of 267

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

16 of 267

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

17 of 267

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

18 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 – 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

19 of 267

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

20 of 267

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

21 of 267

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

22 of 267

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

Oneida Business Committee

Regular Meeting Minutes

Page 3 of 17

August 25, 2021

Public Packet

23 of 267

DRAFT

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.

Oneida Business Committee

Regular Meeting Minutes

Page 4 of 17

August 25, 2021

Public Packet

24 of 267

DRAFT

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

Oneida Business Committee

Regular Meeting Minutes

Page 5 of 17

August 25, 2021

Public Packet

25 of 267

DRAFT

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

Oneida Business Committee

Regular Meeting Minutes

Page 6 of 17

August 25, 2021

Public Packet

26 of 267

DRAFT

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

Oneida Business Committee

Regular Meeting Minutes

Page 7 of 17

August 25, 2021

Public Packet

27 of 267

DRAFT

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

Oneida Business Committee

Regular Meeting Minutes

Page 8 of 17

August 25, 2021

Public Packet

28 of 267

DRAFT

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

Oneida Business Committee

Regular Meeting Minutes

Page 9 of 17

August 25, 2021

Public Packet

29 of 267

DRAFT

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

Oneida Business Committee

Regular Meeting Minutes

Page 10 of 17

August 25, 2021

Public Packet

30 of 267

DRAFT

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

Oneida Business Committee

Regular Meeting Minutes

Page 11 of 17

August 25, 2021

Public Packet

31 of 267

DRAFT

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

Oneida Business Committee

Regular Meeting Minutes

Page 12 of 17

August 25, 2021

Public Packet

32 of 267

DRAFT

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.

Oneida Business Committee

Regular Meeting Minutes

Page 13 of 17

August 25, 2021

Public Packet

33 of 267

DRAFT

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

Oneida Business Committee

Regular Meeting Minutes

Page 14 of 17

August 25, 2021

Public Packet

34 of 267

DRAFT

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

Page 15 of 17

August 25, 2021

Public Packet

35 of 267

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

Public Packet

36 of 267

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

Public Packet

37 of 267

Adopt resolution entitled Adoption of the Public Peace Law

/

/

Public Packet

38 of 267

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

Page 1 of 2

Public Packet

39 of 267

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

Public Packet

40 of 267

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

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

41 of 267

BC Resolution # _______

Adoption of the Public Peace Law

Page 2 of 2

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

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.

Public Packet

42 of 267

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

Page 1 of 2

Public Packet

43 of 267

 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.

Page 2 of 2

Public Packet

44 of 267

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.

Page 1 of 10

Public Packet

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

45 of 267

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.

Page 2 of 10

Public Packet

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

46 of 267

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.

87

Page 3 of 10

Public Packet

88

89

90

91

92

93

94

95

96

97

98

99

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

47 of 267

Analysis to Draft 3 for OBC Consideration

2021 09 01

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

Page 4 of 10

Public Packet

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

48 of 267

Analysis to Draft 3 for OBC Consideration

2021 09 01

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;

Page 5 of 10

Public Packet

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

49 of 267

Analysis to Draft 3 for OBC Consideration

2021 09 01

 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

Page 6 of 10

Public Packet

50 of 267

Analysis to Draft 3 for OBC Consideration

2021 09 01

220

221

222

223

224

225

226

227

228

229

230

231

232

233

234

235

236

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.

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

262

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)].

Page 7 of 10

Public Packet

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

301

302

303

304

305

51 of 267

Analysis to Draft 3 for OBC Consideration

2021 09 01

 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

Page 8 of 10

Public Packet

306

307

308

309

310

311

312

313

314

315

52 of 267

Analysis to Draft 3 for OBC Consideration

2021 09 01

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.

316

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

345

346

347

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.

Page 9 of 10

Public Packet

53 of 267

Analysis to Draft 3 for OBC Consideration

2021 09 01

348

B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

349

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

351

Act,” provides further clarification on who the Legislative Operating Committee may direct complete

352

a fiscal impact statement at various stages of the legislative process, as well as timeframes for

353

completing the fiscal impact statement.

354

 Conclusion. The Legislative Operating Committee received a fiscal impact statement for the

355

proposed Law from the Finance Department on August 17, 2021. The fiscal impact statement had

356

an indeterminate conclusion.

357

Page 10 of 10

Public Packet

54 of 267

Draft 3 for OBC Consideration

2021 09 01

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

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

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

3. O.C. 309 – Page 1

Public Packet

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

55 of 267

Draft 3 for OBC Consideration

2021 09 01

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.

3. O.C. 309 – Page 2

Public Packet

84

85

86

87

88

89

90

91

92

93

94

95

96

97

98

99

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

56 of 267

Draft 3 for OBC Consideration

2021 09 01

(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:

3. O.C. 309 – Page 3

Public Packet

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

57 of 267

Draft 3 for OBC Consideration

2021 09 01

(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

3. O.C. 309 – Page 4

Public Packet

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

58 of 267

Draft 3 for OBC Consideration

2021 09 01

(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:

3. O.C. 309 – Page 5

Public Packet

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

262

263

264

265

266

267

268

269

59 of 267

Draft 3 for OBC Consideration

2021 09 01

(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:

3. O.C. 309 – Page 6

Public Packet

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

301

302

303

304

305

306

307

308

309

310

311

312

313

314

315

316

60 of 267

Draft 3 for OBC Consideration

2021 09 01

(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;

3. O.C. 309 – Page 7

Public Packet

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

358

359

360

361

362

363

61 of 267

Draft 3 for OBC Consideration

2021 09 01

(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.

3. O.C. 309 – Page 8

Public Packet

364

365

366

367

368

369

370

371

372

373

374

375

376

377

378

379

380

381

382

383

384

385

386

387

388

389

390

391

392

393

394

395

396

397

398

399

400

401

402

403

404

405

406

407

408

62 of 267

Draft 3 for OBC Consideration

2021 09 01

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.

3. O.C. 309 – Page 9

Public Packet

409

410

411

412

413

414

415

416

417

418

419

420

421

422

423

424

425

426

427

428

429

430

431

432

433

434

435

436

437

438

439

440

441

442

443

444

445

446

447

448

449

450

451

452

453

454

455

63 of 267

Draft 3 for OBC Consideration

2021 09 01

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.

3. O.C. 309 – Page 10

Public Packet

456

457

458

459

460

461

462

463

464

465

466

467

468

64 of 267

Draft 3 for OBC Consideration

2021 09 01

(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

Public Packet

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;

1

65 of 267

Public Packet

66 of 267

•

•

•

•

•

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

Public Packet

67 of 267

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.

Public Packet

68 of 267

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

Public Packet

69 of 267

Adopt resolution entitled Public Peace Law Citation Schedule

/

/

Public Packet

70 of 267

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

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:

Public Packet

71 of 267

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

–

Public Packet

72 of 267

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

Public Packet

73 of 267

BC Resolution # _______

Public Peace Law Citation Schedule

Page 4 of 4

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

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.

Public Packet

74 of 267

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

Public Packet

75 of 267

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

Public Packet

76 of 267

Accept the August 18, 2021, regular Legislative Operating Committee meeting minutes

/

/

Public Packet

77 of 267

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

Page 1 of 2

Public Packet

78 of 267

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

Page 2 of 2

Public Packet

79 of 267

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.

Page 1 of 2

Unbudgeted

Public Packet

80 of 267

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

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.