# Oneida Business Committee (2021) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A9411c53a0c2d8e1b ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## 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 mee [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A9411c53a0c2d8e1b. Public record. Not legal advice.