Oneida Business Committee (2019)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Executive Conference Room-2nd Floor Norbert Hill Center

June 19, 2019

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. June 5, 2019 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Curfew Law (pg. 3)

2. Sanctions and Penalties Law (pg. 44)

IV.

New Submissions

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

GDDDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

June 5, 2019

9:00 a.m.

Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens III, Daniel Guzman

King

Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Jennifer Falck, Kristen

Hooker, Leyne Orosco, Brooke Doxtator, Bonnie Pigman, Dan W. Skenandore, Ronald Melchert,

Ed Delgado, Rae Skenandore

Call to Order and Approval of the Agenda

David P. Jordan called the June 5, 2019 Legislative Operating Committee meeting to order

at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda; seconded by Kirby Metoxen. Motion

carried unanimously.

II.

Minutes to be Approved

Motion by Kirby Metoxen to approve the May 15, 2019 Legislative Operating Committee

meeting minutes and forward to the Oneida Business Committee for consideration;

seconded by Ernest Stevens III. Motion carried unanimously.

III.

Current Business

1. Curfew Law (1:03-40:57)

Motion by Jennifer Webster to accept the draft and legislative analysis of the Curfew

law and defer these items to a work meeting for further consideration, replacing page

four (4) of the packet with the handout; seconded by Ernie Stevens III. Motion carried

unanimously.

IV.

New Submissions

Additions

VI.

Administrative Items

1. Election Law Amendments (41:03-50:28)

Motion by Jennifer Webster to enter the May 28, 2019 LOC E-Poll results approving

the Election Law Amendments materials for the July 11, 2019 General Tribal Council

meeting into the record; seconded by Kirby Metoxen. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Kirby Metoxen to adjourn the June 5, 2019 Legislative Operating Committeer'\.

OOODDD=

meeting at 9:50 a.m.; seconded by Ernie Stevens III. Motion carried unanimously.

A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of June 5, 2019

Page 1 of 1

ONEIDA

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

June 19, 2019

Curfew Law

Submission Date: 12/19/18

LOC Sponsor: Ernest Stevens III

Public Meeting: n/a

Emergency Enacted: n/a

Summary: This was a recommendation from the TAP Law and Policy Subcommittee, to develop a

curfew law for the Oneida Nation.

12/19/18 LOC: Motion by Jennifer Webster add the Curfew Law to the active files list and assign Ernest

Stevens III as the sponsor; seconded Ernest Stevens III. Motion carried unanimously.

2/13/19:

Work Meeting. Present: Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Maureen Perkins.

The purpose of this work meeting was to obtain information from the Oneida Police

Department regarding any issues that may currently be occurring on the Reservation related to

a lack of curfew, as well as discuss OPD’s role in potentially enforcing a Curfew law.

2/14/19:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Jennifer Falck, Clorissa N.

Santiago, Brandon Wisneski. The purpose of this work meeting was to provide the LOC an

update on communications with the Oneida High School’s Clan Council, and recent work

meeting with OPD. The LOC also discussed potential dates for holding a community meeting

potluck on the curfew law.

2/20/19 LOC: Motion by Daniel Guzman King to approve the community meeting notice and direct that a

community meeting for the proposed Curfew Law be held on Thursday, March 21, 2019;

seconded by Ernest Stevens III. Motion carried unanimously.

3/13/19:

Work Meeting. Present: Clorissa N. Santiago, Maureen Perkins, student representatives from

the Oneida Nation Clan Council. The purpose of this work meeting was to obtain information

from the Oneida High School Clan Council regarding their thoughts and opinions on a

potential curfew law.

3/21/19:

Work Meeting. Present: David P. Jordan, Ernest Stevens III, Daniel Guzman King, Jennifer

Falck, Clorissa N. Santiago, Maureen Perkins. The purpose of this work meeting was to

prepare for tonight’s community meeting on the curfew law. The LOC discussed the format

for the community meeting, potential discussion points, and questions the LOC members

currently have themselves regarding this topic.

3/21/19:

Community Meeting. Present: David P. Jordan, Lisa Summers, Ernest Stevens III, Daniel

Guzman King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Maureen Perkins. No

community members attended the community meeting.

5/1/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens

III, Jennifer Falck, Clorissa N. Santiago, Maureen Perkins. The purpose of this work meeting

was for the LOC to review the draft of the Curfew law. The LOC made policy decisions for

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curfew, and directed minor changes be made to the draft. The LRO will update the draft and

complete a legislative analysis to be brought back in the near future.

5/15/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Jennifer Falck, Clorissa N. Santiago, Maureen Perkins. The purpose of this work

meeting was to review and discuss a couple remaining questions that need to be determined

before a draft is finalized. LOC provided direction, and a draft will be finalized and moved

forward. On track to bring draft and analysis to June 5, 2019 LOC meeting.

6/5/19 LOC:

Motion by Jennifer Webster to accept the draft and legislative analysis of the Curfew law and

defer these items to a work meeting for further consideration, replacing page four (4) of the

packet with the handout; seconded by Ernie Stevens III. Motion carried unanimously.

6/5/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Maureen

Perkins. The purpose of this work meeting was for the LOC to review the two (2) policy

considerations contained in the legislative analysis. LOC discussed other potential

amendments and directed that minor revisions be made to the law. Additionally, LOC made a

decision as to who will be directed to complete the financial analysis – the Finance

Department. A memo regarding the fiscal impact statement to Finance and the public meeting

packet will be prepared for the next LOC meeting.

6/13/19:

E-Poll Conducted. E-Poll was titled “Approval of the Curfew Law Fiscal Impact Statement

Request Memorandum to the Finance Department. The requested action of this e-poll was to

approve the Curfew law fiscal impact statement request memorandum, with accompanying

updated draft and legislative analysis, and forward to the Finance Department directing that a

fiscal impact statement of the proposed Curfew law be prepared and submitted to the LOC by

July 18, 2019. The e-poll was approved by David P. Jordan, Kirby Metoxen, Jennifer Webster,

and Ernest Stevens III. Daniel Guzman King did not provide a response to the e-poll.

Next Steps:

 Approve the public meeting packet and forward the Curfew law to a public meeting to be held on July

18, 2019.

 Enter the June 13, 2019, LOC E-Poll titled, “Approval of the Curfew Law Fiscal Impact Statement

Request Memorandum” results into the record.

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ONEIDA NATION PUBLIC MEETING NOTICE

Thursday, July 18, 2019, 5:00 pm

Find Public Meeting Materials at

Oneida-nsn.gov/government/register/public meetings

Send Public Comments to

LOC@oneidanation.org

Norbert Hill Center-Business Committee Conference Room

N7210 Seminary Rd., Oneida, Wisconsin

Ask Questions here

LOC@oneidanation.org

920-869-4312

CURFEW LAW

The purpose of this law is to protect the health, safety, and welfare of persons and property within the Reservation by regulating the activities of minors on the Reservation during certain hours, while imposing certain

obligations and responsibilities upon the parents, guardians, and/or legal custodians of a minor for the control

and supervision of that minor.

The Curfew law will:

1. Require that no minor be on any public space between the hours of 10:00 p.m. and 6:00 a.m. within the boundaries of the Reservation, unless the minor is accompanied by a parent, guardian, or

legal custodian.

2. Provide exemptions to the curfew - or situations in which a minor can be out during curfew hours

without violating curfew.

3. Provide the process for the enforcement of the curfew by the Oneida Police Department, and what

penalties the Family Court may issue against a minor and/or his or her parent, guardian, or legal

custodian upon a finding that a curfew violation occurred.

PUBLIC COMMENTS PERIOD CLOSES THURSDAY, JULY 25, 2019

During the Public Comment Period, anyone may submit written comments. Comments may be

submitted to the Oneida Nation Secretary’s Office or the Legislative Reference Office in person, by U.S. mail, interoffice mail, or e-mail.

PROVIDING USEFUL PUBLIC COMMENTS

Providing public comment is an important way to make your voice heard in decision making. Public comments can strengthen a decision or provide different

perspectives. The Legislative Operating Committee wants to hear from you!

READ THE PUBLIC MEETING MATERIALS: Before you provide comments familiarize yourself with

the legislation. A public meeting packet is made for every public meeting and they include 1) a

notice with the date, time, location, 2) a draft of the proposed legislation, and 3) a plain language

review of the legislation and its impact on the Oneida Nation.

PREPARE YOUR COMMENTS: When you are familiar with the legislation, start to prepare

comments. The LOC is responsible for reviewing every comment received. To get your message

across effectively, frame your comment clearly and concisely. Here is an example of how to create a

useful comment:

Least Useful Comment

This law isn’t good for the

community.

More Useful Comment

I don’t like the curfew hours.

Most Useful Comment

Curfew beginning at 10:00 p.m. is

too early. Curfew should start at

11:30 p.m. instead.

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(duh ye teen uh zah wah lahday

guyan luh sla)

we’ll put our arms across to stop them

CURFEW LAW LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

Tribal Action Plan

Laws and Policy

Subcommittee

Intent of the

Legislation

Purpose

Affected Entities

Affected

Legislation

Enforcement

Due Process

Public Meeting

Fiscal Impact

SPONSOR:

Ernest Stevens III

DRAFTER:

Clorissa N. Santiago

ANALYST:

Maureen Perkins

The Tribal Action Plan (TAP) Laws and Policy Subcommittee recommended the

Legislative Operating Committee (LOC) draft a curfew law to protect the safety of

youth in the community, as well as provide accountability to both youth and parents

through consequences that reflect the circumstances and needs of the community.

The Curfew law (“Law”) will protect the health, safety and welfare of persons and

property on the Reservation by restricting access to public spaces by minors during

certain night time and early morning hours.

To protect the health, safety, and welfare of persons and property within the

Reservation by regulating the activities of minors on the Reservation during certain

hours, while imposing certain obligations and responsibilities upon the parents,

guardians, and/or legal custodians of minors for the control and supervision of

minors [3 O.C. 308.1-1].

Oneida Police Department (OPD) and Oneida Judiciary

Family Court law, Per Capita law, Garnishment law, Rules of Appellate Procedure,

Family Court Rules, Oneida Judiciary Rules of Evidence, Oneida Judiciary Rules

of Civil Procedure, Landlord-Tenant law

The OPD will enforce suspected violations of this Law by issuing warnings and

citations [3 O.C. 308.6].

Citations issued result in a mandatory appearance at a citation pre-hearing for both

the minor and his or her parent, guardian, or legal custodian.

• The Family Court may issue conditional orders as well as penalties that

include fines, community service, mandatory participation in family

counseling or parenting programs, and any other penalty the Family Court

deems appropriate [3 O.C. 308.6-3(a) and (c)].

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.

308.6-3(b)].

A public meeting has not yet been held.

A fiscal impact statement prepared in accordance with the Legislative Procedures

Act has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Nation does not currently have a law establishing a curfew governing minors in

public spaces during certain night time and early morning hours. This Curfew law was requested by

the Tribal Action Plan (TAP) Laws and Policy Subcommittee which included input from a cross

functional core team that included representatives from the Oneida Business Committee (OBC), Oneida

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Analysis to Draft 2

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Police Department, Governmental Services Division, Oneida Gaming Commission, Oneida Family

Support Services, Legislative Operating Committee, Legislative Reference Office (LRO), Oneida

Human Resources Department and Retail Division. This team concluded that a curfew law would help

curtail opportunities for minors to be influenced by drugs by limiting their presence in public spaces

within the community during certain hours, including night time and early morning, without the

presence of a parent, guardian, or legal custodian.

Outreach Efforts

Outreach with the community was held during the Community Budget Session on November 30,

2018 where the LOC had an opportunity to collect input from participants by asking them to share their

ideas about new laws, amendments to existing laws or anything else they wanted to share. Participants

indicated the need for a curfew law for the Reservation [LOC FY19 First Quarter Report].

Additionally; a community outreach event was held on March 21, 2019 at the Norbert Hill Center

cafeteria from 5:00 p.m. to 7:30 p.m. to collect input from the community. No members of the

community participated in this event.

Related Research

Research regarding curfew laws revealed that the most common goals of a curfew law are to 1)

protect children from becoming victims or perpetrators of crimes, 2) assist parents in exercising their

responsibility over minors, and 3) prevent all persons from the dangers posed by unsupervised minors

who are out late at night and in the early morning hours. Research indicates that curfew laws may

protect youth from victimization and prevent juvenile crimes and delinquency by reducing or

preventing exposure of youth to negative situations by restricting their access to public spaces at night

and early morning hours [Grossman & Martin, 2015]. Although some research has indicated that most

crimes involving minors take place during after school hours rather than late at night or early morning

hours [Meyers, 2016]; the goal of this legislation within the Oneida Reservation is to keep minors safe

and accounted for during curfew hours.

According to the Office of Juvenile and Delinquency Prevention; the following contribute to the

successful implementation of curfew policies:

o Community involvement;

o Creating specific procedures for repeat offenders such as recreational, educational, and job

opportunities as well as antidrug and antigang programs;

o Providing a hotline for community questions or problems related to curfews or juvenile

delinquency in general; and

o Providing intervention services for juveniles and their families.

B. Previous Attempts to Implement a Curfew. The LOC has considered a law that included a curfew in

the past. A curfew provision was considered in a Public Nuisances law drafted by the LOC in 2010;

however, this law was not completed or adopted.

• Previous attempts at regulating minors through a curfew that were not legislative include a curfew

requirement of 10:00 p.m. to 6:00 a.m. that was included in previous Oneida Housing Authority

tenant leases. This provision is not in current leases [Email Communication 05/03/2019, Scott

Denny, Residential Rentals & Outreach Area Manager, Oneida Comprehensive Housing

Division].

C. Expected Benefits. The purpose of this legislation is to provide a clear timeframe that minors must be

out of public spaces and accounted for by their parents, guardians or legal custodians. Members of the

Oneida Nation High School Clan Council indicated that a curfew law may help to prevent teens from

partying, staying out late and engaging in other bad behaviors; as well as helping with responsibility,

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encouraging youth to stay out of trouble and encouraging safety and school attendance. A curfew law

provides a means for parents to enforce a curfew with their children to provide an additional measure

of safety, accountability, obligation and responsibility to both the Nation’s minors and adults

[McDowall, Loftin & Wiersema, 2009]. A curfew law provides OPD with a means to engage with

suspected minors during curfew hours to tell them to go home and to encourage adult supervision of

minors during curfew hours. OPD has expressed that the goal is to keep minors safe and to prevent

vandalized property, arson, graffiti, petty theft and drug issues.

SECTION 3. CONSULTATION AND OUTREACH

A. Departments and Groups. The following departments and groups participated in the development of

this Law:

1. Oneida Police Department; and

2. Members of the Oneida Nation High School Clan Council.

B. Laws of the Nation. The drafting of this legislative analysis included a review of the following laws of

the Nation: Family Court law, Family Court Rules, Rules of Appellate Procedure, Oneida Judiciary

Rules of Evidence, and Oneida Judiciary Rules of Civil Procedure, Per Capita law, Garnishment law,

Public Use of Tribal Lands law, and Landlord-Tenant law.

C. Area and Tribal Laws. The following curfew laws from surrounding municipalities and other tribal

communities were reviewed. The chart provides a breakdown of the ages and curfew time frames the

laws apply to.

*The State of Wisconsin, Outagamie County and Town of Oneida do not have curfew laws in place.

D. Data. A memorandum from the TAP Laws and Policy Subcommittee suggested that data related to

police interactions with youth ages seventeen (17) years and younger be requested from the Oneida

Police Department and other neighboring jurisdictions to provide a background for juvenile activity in

the area.

1. The Oneida Police Department does not currently enforce any curfew laws. The following is

a breakdown of juvenile related calls received by the Oneida Police Department in 2018 [Email

communication 05/06/2019, Eric Boulanger, Chief of Police, Oneida Police Department].

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There were a total of eighty-eight (88) juvenile

related calls in 2018 received by the Oneida

Police Department. Sixteen (16) of those calls

occurred between the hours of the proposed

curfew timeframe of 10 p.m. and 6 a.m.

2. The City of Green Bay has issued the following citations related to curfew violations from

2010 to 2018 [Email communication 05/03/2019, Michelle Belongie, Crime Analyst, Green

Bay Police Department].

Curfew violations range from ninety-five (95)

to three hundred twenty-one (321) per year.

• Curfew applies to minors under seventeen

(17) years of age.

• The curfew does not apply to seventeen (17)

year old minors because under Wisconsin’s

juvenile justice code, seventeen (17) year olds

are tried as adults for all crimes [Walsh, T.J.,

Wisconsin Lawyer]. Seventeen (17) year old

minors are considered to be contributing to

curfew violations of minors under seventeen

(17).

*The LOC has determined that the law will apply to minors seventeen (17) years of age or younger. Parent, guardians

and legal custodians are responsible for minor’s actions until they reach eighteen (18) years of age and become legally

competent adults. The law places the discretion with OPD to determine in each individual instance whether the Curfew

law has been violated and whether to issue a citation.

SECTION 4. PROCESS

A. Below is a diagram of the legislative process contained in the Legislative Procedures Act [1 O.C. 109]

with some additional useful information. The LOC has reviewed the proposed Curfew law and

legislative analysis and is currently at the stage of requesting a public meeting be held and a fiscal impact

statement developed by the Finance Office.

Diagram 1. Curfew Law Drafting Process Contained in the Legislative Procedures Act [1 O.C. 109].

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C. The following meetings, work meetings, and outreach events took place at the time of the

development of this legislative analysis:

• December 19, 2018: A request for a Curfew law was received from the TAP Laws and Policy

Subcommittee, considered by the LOC and the Curfew law was added to the active files list.

• February 13, 2019: A work meeting was held with the LRO staff and the OPD.

• February14, 2019: A work meeting was held with the LOC and the LRO staff.

• March 13, 2019: A work meeting was held with the LRO staff and the Oneida Nation High School

Clan Council.

• March 21, 2019: A Community Outreach Meeting was held. Although no one attended this

meeting; the opportunity was presented to the community to gather input on the development of

the Law.

• May 1, 2019: A work meeting was held with the LOC and the LRO.

• May 15, 2019: A work meeting was held with the LOC and the LRO.

• June 5, 2019: The draft and legislative analysis are scheduled to be presented to the LOC for

further consideration.

Community Outreach Event March 21, 2019

March 21, 2019

The LOC hosted a community pot luck to discuss a Curfew

Law. While the community expressed interest in the event,

no one attended the meeting. This highlights how

collecting public comment is difficult.

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SECTION 5. CONTENTS OF THE LEGISLATION

A. Purpose and Policy [3 O.C. 308.1]

• The purpose of the Law is to restrict access to public spaces by minors not accompanied by

certain adults during established night and early morning hours, while imposing obligations and

responsibilities upon adults to protect the health, safety and welfare of youth, adults and public

property of the Nation. It is the policy of the Nation to support substance abuse prevention

initiatives to minimize the opportunities of for minors to encounter harmful situations.

B. Jurisdiction [3 O.C. 308.4]

• Personal Jurisdiction. This Law applies to: 1) all members of the Nation and those eligible for

enrollment with the Nation, as well as members of other federally recognized tribes, 2)

individuals and their households who lease, occupy or otherwise use fee land or trust land owned

by the Nation or by individual members of the Nation; through consensual contract or other

agreement, 3) individuals who have consented to the jurisdiction of the Nation through other

consensual relationships with the Nation or Nation’s entities, corporations or members of the

Nation through contracts or agreements; and 4) any other facts that manifest consent to

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jurisdiction consistent with federal law and policy including failure to object to the exercise of

personal jurisdiction in a timely manner.

i. In accordance with section 308.4-1(b), the Law applies to individuals and their

households who lease, rent, or occupy any home involved in a housing program

with the Nation’s Comprehensive Housing Division, including children who are

not enrolled or eligible for enrollment with the Nation or any other federally

recognized tribe. The Landlord-Tenant law requires all tenants of the Nation’s

housing programs to abide by the Nation’s laws [6 O.C. 611.6-3(b)(3)].

• Territorial Jurisdiction. This Law applies to the Reservation to all land owned by the Nation

and individual trust and/or fee land of a member of the Nation.

C. Curfew [3 O.C. 308.5]

• The curfew is established from 10:00 p.m. to 6:00 a.m. for ages seventeen (17) years old or

younger in any public space either on foot or in a vehicle driven or parked within the boundaries

of the Reservation. No adult shall knowingly permit or fail to take action to prevent a minor to

be in a public space after curfew unless an exemption is met [3 O.C. 308.5-3].

i. Exemptions include common reasons minors would be out at night without the

presence of their parent, guardian, or legal custodian such as traveling home from

work, participating in cultural and sports activities chaperoned by an adult, and

traveling home from the movies; as well as a discretionary measure for OPD to

determine if the law has been violated or not.

• The map below demonstrates the curfew in the proposed Law is consistent with the curfew

established by municipalities surrounding the Reservation. Members of the Oneida Nation High

School Clan Council indicated during a work meeting that Oneida’s curfew should be similar to

area curfew laws for consistency purposes.

This is a map of the

Reservation

and

surrounding jurisdictions

with

any

curfew

currently in place. The

curfew timeframe of 10

p.m. to 6 a.m. in the

proposed

law

consistent with most

jurisdictions near the

Reservation.

• The

State

Wisconsin, Outagamie

County, and the Town

of Oneida all lack

curfew laws. This

means nearly half the

Reservation does not

have any curfew law in

place.

• OPD

does

not

currently enforce any

curfew laws of area

jurisdictions [Verbal

Communication,

February 13, 2019].

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D. Enforcement of Curfew Violations [3 O.C. 308.6]

• Oneida Police Department (OPD) officers may stop any minor suspected of violating this law.

OPD must ask, and the minor must provide, their name, age and reason for violating curfew. If

an OPD officer believes the Curfew law has been violated; the officer may take the minor into

custody and contact their parents, guardian or legal custodian to return the minor to their care

and custody. If the OPD officer cannot locate a parent, guardian or legal custodian, they may

find and release the child to an adult relative or other responsible adult willing and able to accept

the care and custody of the minor.

i. The first time a minor is taken into custody results in a warning by OPD to both

the minor and the minor’s parent, guardian or legal custodian advising them of the

law and informing them that any additional violations of the curfew law may result

in a fine, community service, mandatory parenting program, mandatory family

counseling, or other penalties at the discretion of the Family Court [3 O.C. 308.62].

ii. Subsequent curfew violations that result in a minor being taken into custody by

OPD may result in the issuance of a citation which will require the attendance of

the minor and their parent, guardian, or legal custodian at a mandatory pre-hearing

with the Family Court. Additionally; subsequent violations of the Curfew law may

include a fine, mandatory or voluntary community service, mandatory parenting

program, mandatory family counseling, or any other penalty at the discretion of

the Family Court, as well as any conditional orders made by the Family Court [3

O.C. 308.6-3].

iii. The Family Court may issue conditional orders at the mandatory pre-hearing until

the matter is resolved [3 O.C. 308.6-3(a)].

E. Penalties of Curfew Violations [3.O.C. 308.7]

• The following penalties may be issued to those that violate the law; focusing on specific

programs that aim to improve family dynamics and parenting; at the discretion of Family Court:

i. Fines (community service may be a substitute for all or part of fines at the

discretion of the Family Court);

1. The Law contains detailed procedures related to fines issued under this

Law [3 O.C. 308.7-1(a)]. More detail is provided in Section 7 of this

analysis.

ii. Community service;

1. The Law contains detailed procedures related to community service

requirements [3 O.C. 308.7-1(b)]. More detail is provided in Section 7

of this analysis.

iii. Family counseling;

iv. Parenting programs; and/or

v. Any other penalty deemed appropriate by the Family Court.

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SECTION 6. EFFECT ON EXISTING LEGISLATION

A. References to Other Laws. The following laws of the Nation are referenced in this law and are required

to be followed:

• Family Court [8 O.C. 806]. The Family Court law delegates authority to the Family Court

over all matters pertaining to the family, children and elders, except for probate matters [8 O.C.

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806.4-1]. The Family Court has been delegated authority to make all orders and judgments as

may be necessary to carry into effect the powers and jurisdiction of the Court [8 O.C. 806.81(c)]. The Family Court law governs the administration of law, justice, judicial procedures

and practices by the Oneida Family Court as it pertains to Oneida families and/or children to

create a knowledgeable, fair, and impartial forum for resolution of all family law matters that

come before it. The Family Court is delegated authority under this law to hear contested

citations, make conditional orders at the pre-hearing and issue penalties [3 O.C. 308.6-4(b) and

308.7-1]. All orders of the Family Court are appealable to the Court of Appeals [8 O.C. 806.6].

Per Capita [1 O.C. 123]. The Family Court is considered an Oneida entity [1 O.C. 123.31(n)] under the Per Capita law and has the authority to pursue attachments of any money owed

and any nonpayment of any citations issued to parents, guardians or legal custodians under this

law [3 O.C. 308.7-1(a)(3)]. An attachment means the citation is paid for from the debtors per

capita payment using the process contained in the Per Capita law [1 O.C. 123.4-9(a)(2)].

Garnishment [2 O.C. 204]. The Family Court is considered an Oneida entity [2 O.C. 204.31(p)] under the Garnishment law as a branch of the Judiciary and has the authority to initiate a

garnishment of employee wages to pursue payment from parents, guardians or legal custodians

who have failed to make the required payments for citations issued to them in accordance with

this law [3 O.C. 308.7-1(a)(3)]. Garnishment means the legal process in which the earnings of

the debtor are required to be withheld by the Nation for a payment of a debt [2 O.C. 204.3-1(j)]

using the process outlined in the Garnishment law.

B. Other Laws of the Nation that Interact with this Legislation. The following laws of the Nation

interact with this law and are required to be followed:

• Family Court Rules [8 O.C. 807]. The Family Court Rules supplement the Oneida Judiciary

Rules of Civil Procedure and govern appearances in Court, provides rules of decorum while

in Court, governs default judgments, as well as other aspects of the Family Court proceedings.

The Family Court Rules will govern behavior during curfew citation hearings.

• Oneida Judiciary Rules of Civil Procedure [8 O.C. 803]. The Oneida Judiciary Rules of

Civil Procedure create a consistent set of rules that govern the process of civil actions of the

Family Court and the Judiciary. The Oneida Judiciary Rules of Civil Procedures will govern

hearings for all curfew citation hearings.

• Oneida Judiciary Rules of Evidence [8 O.C. 804]. The Oneida Judiciary Rules of Evidence

apply to proceedings held in the Family Court, including curfew citation proceedings, and

govern the rules related to evidence presented to the Court.

• Rules of Appellate Procedure [8 O.C. 805]. The Rules of Appellate Procedure govern the

process for anyone who wishes to contest the determination of a lower Court’s decision to

the Nation’s Court of Appeals and will govern appeals the Family Court’s decisions. All

orders of the Family Court are appealable to the Court of Appeals [8 O.C. 806.6].

• Landlord-Tenant [6 O.C. 611]. This law applies to all individuals (tenants) granted the

right to use or occupy a premises pursuant to a rental agreement with the Oneida Nation. All

tenants are required to follow all laws of the Nation [6 O.C. 611.6-3(b)(3)], including the

Curfew law; even if the tenant is not enrolled or eligible for enrollment with the Oneida

Nation or is not enrolled with another federally recognized tribe [3 O.C. 308.4-1].

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SECTION 8. OTHER CONSIDERATIONS

A. The Law will be enforced by OPD utilizing existing resources.

B. Minors and parents, guardians and/or legal custodians who are issued citations under this law may

contest the citation at the mandatory citation pre-hearing at the Family Court [3 O.C. 308.6-3(c)].

C. Implementation of this Law is as follows:

• OPD is responsible for implementing and enforcing this law and issuing citations which may

include fines and other penalties to both the minor and/or their parents, guardians or legal

custodians [3 O.C. 308.6-3].

• The Family Court may, at its discretion, order penalties under this law to both minors and

adults [3 O.C. 308.7]. Penalties include fines, community service, parenting programs, family

counseling and any other penalties deemed appropriate by the Family Court.

i. The Family Court may allow community service to be substituted for fines [3

O.C. 308.7-1(a)(5)].

ii. Community service may be ordered by the Court in lieu or in addition to a fine

[3 O.C. 308.7-1(b)]. The individual will be responsible for finding his or her

community service and getting approval from the Court [3 O.C. 308.71(b)(1)]. The Family Court will provide a written statement of the

requirements of the community service assignment including the number of

hours, the timeframe for completion, how hours will be reported and any other

relevant information and the requirement that community service is monitored

[3 O.C. 308.7-1(b)(2) and (3)].

iii. Family counseling or parenting programs may be required by the Family Court

[3 O.C. 308.7-1(c)].

1. Oneida Family Support Services Department offers family

counseling, parenting classes and other programs. These programs

may be an option for violators of this Law to fulfill the penalties issued

by the Family Court.

a. Clientele of services offered by this Department are typically

determined by enrollment or eligibility for enrollment with

the Nation. Consideration is given to significant others or

family members who are not eligible for enrollment

[https://oneida-nsn.gov/resources/child-family-services/].

2. Those who violate the Law may seek other services offered outside of

the Oneida community to fulfill the penalties issued by the Family

Court.

• The OBC is responsible for adopting a fine schedule by resolution that determines specific

fine amounts for violations of this law [3 O.C. 308.7-1(a)].

A. Citations law. A citation for a violation of this law will be processed in accordance with the procedure

contained in the Nation’s laws and policies governing citations [3 O.C. 308.6-3(b)].

• There are currently no laws of the Nation governing citations. There is a Citations law on the

LOC’s active files list that is currently being developed at the same time as this Curfew law.

B. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts.

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Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation

except emergency legislation [1 O.C. 109.6-1].

A fiscal impact statement shall be submitted by any agencies as directed by the Legislative

Operating Committee and may be prepared by any agency who may receive funding if the

legislation is enacted, any agency who may administer a program if the legislation is enacted,

any agency who may have financial information concerning the subject matter of the

legislation, or by the Finance Office, upon request of the Legislative Operating Committee [1

O.C. 109.6-1(a) and (b)].

Research Citations

Grossman, E.R. and Miller, N.A. (2015). A Systematic Review of the Impact of Juvenile Curfew Laws

on Public Health and Justice Outcomes. Am J Prev Med. 49(6): 945-951.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4656116/

McDowell, D. Loftin C. and Wiersema, B. (2009). The Impact of Youth Curfew Laws on Juvenile Crime

Rates.

https://www.researchgate.net/publication/249718752_The_Impact_of_Youth_Curfew_Laws_on_Juvenile

_Crime_Rates

Myers, D.L. (2016). Juvenile curfew laws: A consideration of something that “doesn’t work”.

EBPSOCIETY: Evidence Based Society.

https://www.ebpsociety.org/blog/education/206-juvenile-curfew-laws

Office of Juvenile Justice and Delinquency Prevention. Juvenile Justice Reform Initiatives in the States

1994-1996.

https://www.ojjdp.gov/pubs/reform/ch2_c.html

Walsh, T.J. (2019). Adults Only: Returning 17 Year Olds to Juvenile Court. Wisconsin Lawyer.

https://www.wisbar.org/NewsPublications/WisconsinLawyer/Pages/Article.aspx?ArticleID=23659

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Title 3. Health and Public Safety - Chapter 308

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CURFEW

308.1. Purpose and Policy

308.2. Adoption, Amendment, Repeal

308.3. Definitions

308.4. Jurisdiction

308.5. Curfew

308.6. Enforcement of Curfew Violations

308.7. Penalties of Curfew Violations

308.1. Purpose and Policy

308.1-1. Purpose. The purpose of this law is to protect the health, safety, and welfare of persons

and property within the Reservation by regulating the activities of minors on the Reservation

during certain hours, while imposing certain obligations and responsibilities upon the parents,

guardians, and/or legal custodians of a minor for the control and supervision of that minor.

308.1-2. Policy. It is the policy of the Nation to support all drug use prevention initiatives of the

Nation by protecting the health, safety, and welfare of persons through the establishment of a

curfew for minors in public spaces within the Reservation during certain hours in an effort to

minimize the opportunity for harm to come to minors during those hours.

308.2. Adoption, Amendment, Repeal

308.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.

308.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

308.2-3. 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.

308.2-4. 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.

308.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

308.3. Definitions

308.3-1. 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) “Court of Appeals” means the branch of the Nation's Judiciary delegated the authority

of final appeal within the Nation’s Judiciary, as authorized by Oneida General Tribal

Council resolution GTC-03-19-17-A .

(b) “Family Court” means the branch of the Nation’s Judiciary delegated the authority to

administer the judicial authorities and responsibilities of the Nation related to the family

and/or children, as authorized by Oneida General Tribal Council resolution GTC-03-1917-A.

authority of guardianship of a child by a Court for the purpose of managing and caring for

the child. A guardian has the right to make major decisions affecting a child including

education, religious and cultural upbringing, the right to consent to marriage, to enlistment

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in the armed forces, to major surgery and medical treatment and to adoption, or make

recommendations as to adoption.

(d) “Legal custodian” means any person, department, and/or agency, other than a parent

or guardian, to whom legal custody of a child has been granted by Court order and has the

rights and responsibilities for the following:

(1) To have physical custody of the child as determined by the Court, if physical

custody is not with the person having legal custody;

(2) To protect, educate and discipline the child so long as it is in the child’s best

interest; and

(3) To provide the child with adequate food, shelter, education, ordinary medical

care and other basic needs, according to court order. In an emergency situation, a

custodian shall have the authority to consent to surgery as well as any other

emergency medical care needs.

(e) “Member of the Nation” means an individual enrolled in the Oneida Nation.

(f) “Minor” means a person age seventeen (17) years old or younger.

(g) “Nation” means the Oneida Nation.

(h) “Parent” means the biological or adoptive parent of a child.

(j) “Public space” means any public streets, highways, roads, alleys, parks, vacant lots, or

any public lands.

(j) “Relative” means any person connected with a child by blood, marriage or adoption.

(k) “Reservation” means all the property within the exterior boundaries of the Reservation

of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566,

and any lands added thereto pursuant to federal law.

308.4. Jurisdiction

308.4-1. Personal Jurisdiction. This law applies to:

(a) All members of the Nation, individuals eligible for enrollment in the Nation, and

members of other federally-recognized tribes.

(b) Individuals leasing, occupying or otherwise using fee land owned by the Nation or by

individual members of the Nation; and/or lands held in trust on behalf of the Nation or

individual members of the Nation.

consistent with federal law. An individual shall be considered to have consented to the

jurisdiction of the Nation:

(1) By entering into a consensual relationship with the Nation, or with the Nation’s

entities, corporations, or members of the Nation, including but not limited to

contracts or other agreements; or

(2) By other facts which manifest an intent to consent to the authority of the Nation,

including failure to raise an objection to the exercise of personal jurisdiction in a

timely manner.

308.4-2. Territorial Jurisdiction. This law extends within the Reservation to all land owned by

the Nation and individual trust and/or fee land of a member of the Nation.

308.5. Curfew

308.5-1. Curfew Established. No minor shall be on any public space either on foot or in any

vehicle driven or parked, between the hours of 10:00 p.m. and 6:00 a.m. within the boundaries of

the Reservation, unless the minor is accompanied by a parent, guardian, or legal custodian.

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308.5-2. Parental Responsibility. No parent, guardian, or legal custodian shall knowingly permit

or fail to take action to prevent the minor from being on any public space either on foot or in any

vehicle driven or parked, between the hours of 10:00 p.m. and 6:00 a.m. within the boundaries of

the Reservation.

308.5-3. Exemptions to Curfew. A minor shall not be in violation of the curfew, if at the time of

the alleged violation the minor was:

(a) in the performance of a duty directed by such parent, guardian, or legal custodian;

(b) engaged in employment or an employment related activity, or traveling to or returning

home from employment;

(d) attending an educational, cultural, religious, or recreational activity that was supervised

by adults, or traveling to or returning home from such activity;

(e) on the sidewalk in front of his or her home or an adjacent home;

(f) going to, attending, or returning home from a movie theatre;

(g) engaged in hunting, fishing, or trapping in accordance with the laws, policies, and rules

of the Nation;

(h) exercising rights protected by the Nation’s Constitution and the United States

Constitution, such as free exercise of religion, freedom of speech, and the right of

assembly;

(i) involved in an emergency situation; and/or

(j) engaged in any other activity as deemed appropriate by the Oneida Police Department

officer.

308.6. Enforcement of Curfew Violations

308.6-1. Enforcement Procedure. A suspected violation of curfew shall be enforced by the Oneida

Police Department in the following ways:

(a) A minor who is suspected of violating curfew may be stopped by an Oneida Police

Officer. No person shall assault, obstruct or flee from any Oneida Police Officer enforcing

or attempting to enforce the provisions of this law.

(b) The Oneida Police Officer shall ask the minor’s name, age, and reason for violating

curfew. The minor shall provide the Oneida Police Officer identification if available. No

person shall falsely represent his or her name or age to an Oneida Police Officer.

circumstances that a violation of curfew has occurred and not one of the exemptions in

section 308.5-3 apply, the Oneida Police Officer may take custody of the minor for the

purpose of returning such minor to the care and custody of a parent, guardian, or legal

custodian.

(d) Once the Oneida Police Officer has taken the minor into his or her custody, the minor

shall provide the Oneida Police Officer with contact information for his or her parent,

guardian, or legal custodian. The Oneida Police Officer shall contact the minor’s parent,

guardian, or legal custodian to come and pick up the minor and take the minor into his or

her care and custody. If the minor’s parent, guardian, or legal custodian is unable to pick

the minor up, then the Oneida Police Officer may bring the minor home to release the minor

to the custody and care of the minor’s parent, guardian, or legal custodian.

(e) If the Oneida Police Officer is unable to contact the minor’s parent, guardian, or legal

custodian after reasonable efforts are made, the Oneida Police Officer shall attempt to

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locate an adult relative or other responsible adult willing and able to accept the care and

custody of the minor, and may release the minor into the care and custody of such person.

308.6-2. Warning. The first time a minor is held in custody by an Oneida Police Officer for a

curfew violation the Oneida Police Officer shall provide the minor and the minor’s parent,

guardian, or legal custodian a warning and advise the minor and parent, guardian, or legal

custodian of the provisions of this law and that any subsequent curfew violations may result in the

issuance of a citation and the imposition of a penalty.

308.6-3. Issuance of a Citation. Any subsequent time a minor is held in custody by an Oneida

Police Officer for a curfew violation the Oneida Police Officer may issue a citation to the minor

and the minor’s parent, guardian, or legal custodian.

(a) 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 Family Court.

(b) A citation for a violation of this law shall be processed in accordance with the

procedure contained in the Nation’s laws and policies governing citations.

pre-hearing by the minor and his or her parent, guardian, or legal custodian.

308.7. Penalties of Curfew Violations

308.7-1. Upon a finding by the Family Court that a violation of this law has occurred, the minor

and/or the minor’s parent, guardian, or legal custodian may be subject to the following penalties:

(a) Fines. An individual may be ordered to pay a fine as a result of a violation of this law.

The Oneida Business Committee shall hereby be delegated the authority to adopt through

resolution a fine schedule which sets forth specific fine amounts for violations of this law.

(1) All fines shall be paid to the Judiciary.

(2) Fines shall be paid within ninety (90) days after the order is issued or upheld

on final appeal, whichever is later.

(A) The ninety (90) day deadline for payment of fines may be extended if

an alternative payment plan is approved by the Family Court.

(3) If an individual does not pay his or her fine the Family Court may seek to collect

the money owed through the Nation’s garnishment and/or per capita attachment

process.

(5) Community service may be substituted for part or all of any fine at the minimum

wage rate of the Nation for each hour of community service.

(b) Community service. An individual may be ordered to perform community service.

Community service can be used in lieu of, or in addition to, a fine.

(1) All community service assignments shall be approved by the Family Court.

The Family Court shall give preference to culturally relevant community service

assignments and/or community service assignments that focus on the betterment of

the individual’s community.

(2) The Family Court shall provide the individual a written statement of the terms

of the community service order, and a statement that the community service order

is monitored.

(3) The Family Court’s community service order shall specify:

(A) how many hours of community service the individual is required to

complete;

(B) the time frame in which the hours shall be completed;

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service assignment;

(D) how the individual shall report his or her hours; and

(E) any other information the Family Court determines is relevant.

participate in a family counseling and/or a parenting program.

(d) Any other penalty as deemed appropriate by the Family Court.

End.

Adopted – BC-__-__-__-__

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June 13, 2019 Legislative Operating Committee E-Poll

Approval of the Curfew Law Fiscal Impact Statement Request

Memorandum to the Finance Department

Good Morning Legislative Operating Committee,

This e-mail serves as the e-poll for approval of the Curfew law fiscal impact statement request

memorandum to the Finance Department, and accompanying updated draft and legislative analysis.

EXECUTIVE SUMMARY

The Legislative Operating Committee is currently developing a Curfew law. The Legislative Procedures Act

requires that a fiscal impact statement be provided for all proposed legislation of the Nation. [1 O.C. 109.61]. The fiscal impact statement is an estimate of the total fiscal year financial effects associated with the

proposed legislation, and can include: startup costs, personnel, office costs, documentation costs, and an

estimate of the amount of time necessary for an individual or agency to comply with the law after

implementation. [1 O.C. 109.3-1(c)].

The Legislative Procedures Act states that the fiscal impact statement should be included in the materials

for a public meeting on the proposed legislation, if available. [1 O.C. 109.8-2]. In an effort to provide the

community with all relevant information regarding the Curfew law for the discussion during the public

meeting and public comment period, the Legislative Operating Committee decided to make an effort to

provide the fiscal impact statement for this public meeting.

The Legislative Procedures Act grants the Legislative Operating Committee the authority to direct the

Finance Department or any agency who may administer a program if the legislation is enacted or may

have financial information concerning the subject matter of the legislation to submit a fiscal impact

statement. [1 O.C. 109.6-1]. For the proposed Curfew law, the Legislative Operating Committee is

directing the Finance Department to provide a fiscal impact statement.

An e-poll is necessary for this matter because the Legislative Operating Committee wishes to provide the

Finance Department the maximum amount of time possible to complete the fiscal impact statement so

that the fiscal impact statement can be made available for the public meeting for the Curfew law on the

tentative date of July 18, 2019. The next Legislative Operating Committee meeting is not scheduled until

June 19, 2019, and the Legislative Operating Committee wishes to provide the Finance Department this

request for a fiscal impact statement sooner.

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REQUESTED ACTION

Approve the Curfew law fiscal impact statement request memorandum, with accompanying updated draft

and legislative analysis, and forward to the Finance Department directing that a fiscal impact statement

of the proposed Curfew law be prepared and submitted to the LOC by July 18, 2019.

DEADLINE FOR RESPONSE

June 13, 2019 at 1:00 p.m.

All supporting documentation has been attached to this email for your convenience.

E-POLL RESULTS:

The e-poll was approved by David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens III. Daniel

Guzman King did not provide a response.

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Title 3. Health and Public Safety - Chapter 308

CURFEW

T<yethin<tshaw^=late> Kayanl^sla>

We’ll put our arms across to stop them Law