Oneida Business Committee (2021)

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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 Conference Room - 2nd Floor Norbert Hill Center

August 4, 2021

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. July 21, 2021 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Public Peace Law (pg. 4)

2. Furlough Law Amendments (pg. 40)

IV.

New Submissions

1. Oneida Nation Emergency Planning Committee Bylaws Amendments (pg. 69)

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

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

July 21, 2021

9:00 a.m.

Present: David P. Jordan, Marie Summers, Jennifer Webster

Excused: Daniel Guzman King, Kirby Metoxen

Others Present: Clorissa N. Santiago, Kristal Hill, Lawrence Barton, Justin Nishimoto (Microsoft

Teams), Eric Boulanger (Microsoft Teams), Amy Spears (Microsoft Teams), Linda Taylor

(Microsoft Teams), Geraldine Danforth (Microsoft Teams), Matthew Denny (Microsoft Teams),

Patricia Garvey (Microsoft Teams), Katsisiyo Danforth (Microsoft Teams).

Call to Order and Approval of the Agenda

David P. Jordan called the July 21, 2021, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Marie Summers to adopt the agenda with two add-ons: one under Section V.

Oneida General Welfare Law Emergency Amendments Extension, and two under Section

VI. Administrative Updates discussion on Continuing or Not Continuing Virtual Meetings;

seconded by Jennifer Webster. Motion carried unanimously.

II.

Minutes to be Approved

1. July 7, 2021 LOC Meeting Minutes

Motion by Jennifer Webster to approve the July 7, 2021 LOC meeting minutes and forward

to the Oneida Business Committee; seconded by Marie Summers. Motion carried

unanimously.

III.

Current Business

1. Public Peace Law

Motion by Marie Summers to accept the updated public comment review memorandum

and direct the drafting attorney to prepare the final draft of the proposed Public Peace law;

seconded by Jennifer Webster. Motion carried unanimously.

IV.

New Submissions

Additions

1. Oneida General Welfare Law Emergency Amendments Extension

Motion by Marie Summers to approve the Oneida General Welfare law emergency

amendments extension packet and forward to the Oneida Business Committee for

consideration; seconded by Jennifer Webster. Motion carried unanimously.

VI.

Administrative Items

1. Continuing or Not Continuing Virtual Meetings

Note: Legislative Operating Committee held a discussion on continuing the use of

Microsoft Teams for Legislative Operating Committee meetings and did not make a motion

for this item.

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

Legislative Operating Committee Meeting Minutes of July 21, 2021

Page 1 of 2

ONEIDA

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VII.

Executive Session

VIII. Adjourn

Motion by Jennifer Webster to adjourn at 9:15 a.m.; seconded by Marie Summers. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of July 21, 2021

Page 2 of 2

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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

August 4, 2021

Public Peace Law

Submission Date: 12/7/16

Public Meeting: Due to the COVID-19 pandemic,

public meetings were suspended by declaration of the

Nation’s COVID-19 Core Decision Making Team. A

public comment period was still offered in accordance with

the Legislative Procedures Act and held open until 6/9/21.

LOC Sponsor: Jennifer Webster

Emergency Enacted: n/a

Summary: The item was carried over from the last two terms. 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 placed this item on the Active Files List

in December 2016. The purpose of developing a Public Peace law would be to address trespassing,

damage to property, noise nuisances, loitering, etc.

10/7/20 LOC: Motion by Jennifer Webster to add the Public Peace Law to the Active Files List with Jennifer

Webster as the sponsor; seconded by Marie Summers. Motion carried unanimously.

12/16/20:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Summers, Clorissa N. Santiago, Joel Maxam, Renita Hernandez, Scott Denny, Brandon

Yellowbird Stevens, Rhiannon Metoxen. This was a work meeting held through Microsoft

Teams. The purpose of this work meeting was to begin discussing issues that are currently

affecting neighborhoods in the Nation so that they can be addressed in the Public Peace law.

1/15/21:

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

King, Marie Summers, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Renita Hernandez,

Leslie Doxtator, Brandon Yellowbird Stevens, Krystal John, Michelle Hill, Lisa

Rauschenbach, Jennifer Garcia, James Petitjean, Rhiannon Metoxen. This was a work meeting

held through Microsoft Teams. The purpose of this work meeting was to discuss the potential

relationship between the enforcement of the Public Peace law and the enforcement of leases.

1/28/21:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman

King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was to discuss a plan for moving

this item forward through the legislative process.

2/11/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen, Kristen Hooker.

This was a work meeting held through Microsoft Teams. The purpose of this work meeting

was to review and discuss the first draft of the Public Peace law.

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3/17/21:

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

King, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Renita Hernandez, Brandon

Yellowbird Stevens, Kelly McAndrews, Krystal John, Michelle Hill, Kristal Hill, Rhiannon

Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work

meeting was to review and discuss the first draft of the Public Peace law with the larger work

team.

4/7/21:

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

King, Marie Summers Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Renita Hernandez,

Leslie Doxtator, Brandon Yellowbird Stevens, Kelly McAndrews, Michelle Hill, Kristal Hill,

Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of

this work meeting was to review and discuss the updated draft of the Public Peace law with

the larger work team so that the law can move forward for a legislative analysis to be

completed.

4/21/21 LOC: Motion by Daniel Guzman King to approve the Public Peace law draft and legislative analysis;

seconded by Kirby Metoxen. Motion carried unanimously.

5/5/21 LOC:

Motion by Jennifer Webster to approve the Public Peace law public comment period packet

and forward the Public Peace law to a public comment period to be held open until June 9,

2021; seconded by Marie Summers. Motion carried unanimously.

6/9/21:

Public Comment Period Closed. The Legislative Operating Committee received written

submissions of comments from six (6) individuals.

7/7/21 LOC:

Motion by Daniel Guzman King to accept the public comments and the public comment

review memorandum, and forward to a work session for further consideration; seconded by

Marie Summers. Motion carried unanimously.

7/7/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Summers Clorissa N. Santiago, Kristal Hill. The purpose of this work meeting was to begin

reviewing and considering the public comments that were received for the proposed Public

Peace law.

7/7/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Summers Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Rhiannon Metoxen. This was a

work meeting held through Microsoft Teams. The purpose of this work meeting was to begin

developing the Public Peace Law Citation Schedule resolution by discussing and determining

the specific fine amounts for each civil infraction contained in the law.

7/13/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Summers Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen, Kristen Hooker. This was a

work meeting held through Microsoft Teams. The purpose of this work meeting was to

continue reviewing and considering the public comments that were received for the proposed

Public Peace law.

7/21/21:

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

Santiago, Eric Boulanger, Joel Maxam, Kelly McAndrews, Kristal Hill, Rhiannon Metoxen.

This was a work meeting held through Microsoft Teams. The purpose of this work meeting

was to continue developing the Public Peace Law Citation Schedule resolution by discussing

and determining the specific fine amounts for each civil infraction contained in the law

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7/29/21:

Work Meeting. Present: Clorissa N. Santiago, James Bittorf. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was to discuss a definition for

“public property” to be included in the Law.

Next Steps:

 Approve the draft of the Public Peace law and the fiscal impact statement request

memorandum and forward to the Finance Department directing that a fiscal impact statement

be prepared and submitted to the LOC by August 18, 2021.

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Title 3. Health & Public Safety - Chapter 309

PUBLIC PEACE

309.1. Purpose and Policy

309.2. Adoption, Amendment, Repeal

309.3. Definitions

309.4. Jurisdiction and Authority

309.5. Civil Infractions Against Property

309.6. Civil Infractions Against the Peace

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 and/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.

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

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drug or inject, ingest, inhale or otherwise introduce an prohibited drug into the human body,

regardless of the material composition of the instrument used for such purposes.

(g) “Elder at risk” means any person age fifty-five (55) or older who has experienced, is

currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial

exploitation.

(h) “Electronic cigarette” means device that enables a person to ingest nicotine, or other

chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and

other products used to refill the device. “Electronic cigarette” shall not include any device

that is prescribed by a healthcare professional.

(i) “Fleet vehicle” means a vehicle owned or leased by the Nation.

(j) “Gang” means an association of three (3) or more individuals whose members

collectively identify themselves by adopting a group identity which they use to create an

atmosphere of fear or intimidation frequently by employing one (1) or more of the

following: a common name, slogan, identifying sign, symbol, tattoo, or other physical

marking, style or color of clothing, hairstyle, hand sign or graffiti.

(k) “Intoxication” means not having the normal use of mental or physical faculties by

reason of the introduction of an alcohol beverage or a prohibited drug, or any other

substance into the body.

(l) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was

established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later

authorized to administer the judicial authorities and responsibilities of the Nation by

Oneida General Tribal Council resolution GTC-03-19-17-A.

(m) “Liter” 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

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(t) “Reservation” means all land within the exterior boundaries of the Reservation of the

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

lands added thereto pursuant to federal law.

(u) “Sexual harassment” means unwelcome sexual advances, requests for sexual favors,

or other verbal or physical conduct of a sexual nature, submission to which is made a term

or condition of a person's exercise or enjoyment of any right, privilege, power, or

immunity, either explicitly or implicitly.

(v) “Theft detection device" means any tag or other device that is used to prevent or detect

theft and that is attached to merchandise held for resale by a merchant or to property of a

merchant.

(w) “Theft detection device remover" means any tool or device used, designed for use or

primarily intended for use in removing a theft detection device from merchandise held for

resale by a merchant or property of a merchant.

(x) “Theft detection shielding device" means any laminated or coated bag or device

designed to shield merchandise held for resale by a merchant or property of a merchant

from being detected by an electronic or magnetic theft alarm sensor.

(y) “Tobacco products” means cigars; cheroots; stogies; periques; granulated, plug cut,

crimp cut, ready-rubbed and other smoking tobacco; snuff, including moist snuff; snuff

flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts;

refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of

tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or

otherwise, or both for chewing and smoking.

(z) “Trial Court” means the Trial Court of the Oneida Nation Judiciary.

(aa(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

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(a) damages or destroys the property of the owner;

(b) tampers with property of the owner and causes pecuniary loss or substantial

inconvenience to the owner or a third person;

of the owner; and/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 of the Nation 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;

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; and/or

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(h) uses, or possesses with intent to use, a theft detection device remover to remove a theft

detection device from merchandise held for resale by a merchant or property of a merchant.

309.5-6. Loitering. A person commits the civil infraction of loitering if he or she loiters or prowls

in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that

warrant alarm for the safety of persons or property in the vicinity.

(a) Among the circumstances which may be considered in determining whether such alarm

is warranted is the fact that the person:

(1) takes flight upon appearance of an Oneida Police Department Officer;

(2) refuses to identify himself or herself or manifestly endeavors to conceal himself

or herself or any object; or

(3) refuses to leave the premises after being requested to move by an Oneida Police

Department officer or by any person in authority at such place.

309.5-7. Fraud. A person commits the civil infraction of fraud if, to obtain property, money, gain,

advantage, interest, asset, or services for himself or herself or another he or she:

(a) makes a materially false or misleading statement which he or she knows to be untrue

or makes a remark with reckless disregard to the accuracy of the statement;

(b) withholds information by misrepresentation or deceit; or

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 and/or air gun that areis prohibited;

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 of the Nation in an obviously offensive

manner;

(e) lies or sleeps on any street, alley or sidewalk, or in any other Tribal property of the

Nation, 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 of the Nation,

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 any publicTribal property of the Nation, including any buildings,

gaming or retail business, facility, construction site, fleet vehicle, or at any event sponsored by the

Nation.

3. O.C. 309 – Page 5

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(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:

(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 and/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; and/or

309.6-4. Throwing or Shooting Projectiles. A person commits the civil infraction of throwing or

shooting projectiles if he or she throws or shoots any object, stone, snowball, or other projectile

by hand or by any other means, at any person, or at or into any building, street, sidewalk, alley,

highway, park, playground or other public place.

309.6-5. Obstructing Streets and Sidewalks. A person commits the civil infraction of obstructing

streets and sidewalks if he or she stands, sits, loafs, loiters, engages in any sport of exercise, or

uses or maintains a motor vehicle on any public street, sidewalk, bridge, or public ground within

the Reservation in such manner as to:

(a) prevent or obstruct the free passage of pedestrian or vehicular traffic;

(b) prevent or hinder free ingress to or egress from any place of business or amusement or

any church, public building or meeting place; or

vehicles.

309.6-6. Nuisance. A person commits the civil infraction of nuisance whenever he or she engages

in a thing, act, occupation, condition or use of property which shall continue for such length of

time as to:

(a) substantially annoy, injure or endanger the comfort, health, repose or safety of the

public;

(b) in any way render the public insecure in life or in the use of property; and/or

309.6-7. Maintaining a Chronic Nuisance House. A person commits the civil infraction of

maintaining a chronic nuisance house if he or she has three (3) or more police contacts occurring

during a twelve (12) month period at the premises that he or she owns or occupies through a lease

or rental agreement.

309.6-8. Interfering with Lawful Arrest or Resisting Arrest. A person commits the civil infraction

of interfering with lawful arrest or resisting arrest if by force, violence or other means, he or she:

(a) interferes, hinders or resists any Oneida Police Department officer in the performance

of his or her official duties;

(b) flees from any Oneida Police Department officer who is attempting to lawfully arrest

or detain him or her; or

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309.7. Civil Infractions Against Government

309.7-1. Disrupting a Meeting or Government Function. A person commits the civil infraction

of disrupting a meeting or government function if he or she:

(a) conducts himself or herself in a manner intended to prevent or disrupt a lawful meeting

held in any property owned or controlled by the Nation;

(b) refuses or fails to leave any Tribal property of the Nation upon being requested to do

so by any official charged with maintaining order in such Tribal property of the Nation;

person to enter, to use the facilities, or to leave any Tribal property of the Nation;

(d) at or in any Tribal property of the Nation willingly impedes any official or employee in

the lawful performance of his or her duties or activities through the use of restraint,

coercion, intimidation or by force and violence or threat thereof; and/or

(e) at any meeting or session conducted by any official of the Nation, held in any Tribal

property of the Nation; through the use of restraint, coercion, intimidation or by force and

violence or threat thereof; willfully impedes, disrupts, or hinders the normal proceedings

of such a meeting or session by any act of intrusion into the chamber or other areas

designated for the use of the body or official to conduct such a meeting.

309.7-2. Breach of Confidentiality. A person commits the civil infraction of breach of

confidentiality if he or she;

(a) makes or disseminates any unauthorized audio or video recording within the designated

meeting area of a General Tribal Council meeting, or executive session portion of a meeting

of the Oneida Business Committee or any other board, committee, or commission of the

Nation; or

(b) disseminates any confidential meeting materials of the General Tribal Council, Oneida

Business Committee, or any other board, committee, or commission of the Nation,

including but not limited to, meeting packets and meeting minutes, to any individual not

authorized to access the materials.

309.7-3. Threatening an Official. A person commits the civil infraction of threatening an official

if he or she threatens to inflict serious injury against an official, a member of the official’s family,

or the official’s property as a result of any action taken by the official in the course of his or her

duties.

309.8. Civil Infractions Against the Person

309.8-1. Assault. A person commits the civil infraction of assault if he or she:

(a) causes bodily harm to another;

(b) threatens another with imminent bodily harm;

believe that the other person will regard the contact as offensive or provocative;

(d) uses or exhibits a weapon during the commission of the assault; or

(e) forcibly assaults or intimidates any authorized law enforcement official lawfully

discharging an official duty.

309.8-2. Harassment. A person commits the civil infraction of harassment if, with intent to harass,

alarm, abuse, or torment another he or she:

(a) initiates communication in person, by telephone, in writing, or through any means of

electronic communication and in the course of the communication makes a comment,

request, suggestion or proposal that is obscene or false;

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(b) threatens, in person, by telephone, in writing, or through any means of electronic

communication in a manner reasonably likely to alarm the person receiving the threat, to

inflict serious injury against the person, a member of his or her family, or his or her

property;

report, which is known by the conveyer to be false, that another person has suffered death

or serious bodily harm;

(d) causes the telephone of another to ring repeatedly or makes repeated telephone

communications anonymously or in a manner reasonably likely to harass, alarm, abuse,

torment, or offend another;

(e) knowingly permits a telephone or electronic device under his or her control to be used

by a person to commit an infraction under this section; or

(f) intentionally subjects another to sexual harassment.

309.8-3. Abuse of Individuals at Risk. A person commits the civil infraction of abuse of

individuals at risk if he or she subjects an adult at risk or elder at risk to any of the following:

(a) physical abuse;

(b) emotional abuse;

(d) unreasonable confinement or restraint;

(e) financial exploitation; and/or

(f) deprivation of a basic need for food, shelter, clothing, or personal or health care,

including deprivation resulting from the failure to provide or arrange for a basic need by a

person who has assumed responsibility for meeting the need voluntarily or by contract,

agreement, or court order.

309.8-4. Truancy. A person commits the civil infraction of truancy if he or she fails without good

cause to ensure that a child he or she is responsible for the care of attends school in accordance

with the rules of the school district in which the child is enrolled.

309.9. Civil Infractions Involving Alcohol, Tobacco, and Drugs

309.9-1. Public Intoxication. A person commits the civil infraction of public intoxication if he or

she appears intoxicated by alcohol beverages and/or prohibited drugs on publicTribal property of

the Nation to the degree that the person may endanger himself or herself, or another person.

309.9-2. Unauthorized Alcohol Beverage. A person commits the civil infraction of unauthorized

alcohol beverage if he or she consumes or possesses any open or unsealed container containing an

alcohol beverage on any public way, in any parking lot held for public use, or on or within the

premises of a public place or on or in any motor vehicle on a public way or in parking lot held out

for public use, unless such person is on the premises of an establishment holding a valid license

for the on premises consumption of alcoholic beverages. No person may possess or consume an

alcohol beverage on school premises or while participating in a school-sponsored activity.

309.9-3. Underage Possession of Alcohol. A person commits the civil infraction of underage

possession of alcohol if he or she purchases, attempts to purchase, possesses, or consumes an

alcohol beverage prior to reaching the age of twenty-one (21) years unless accompanied by his or

her parent, guardian, or spouse who has attained the legal drinking age.

309.9-4. Furnishing Alcohol Beverages to Minors. A person commits the civil infraction of

furnishing alcohol beverages to minors if he or she procures for, sells, dispenses or gives away any

alcohol beverages to any person under the age of twenty-one (21) years who is not accompanied

by his or her parent, guardian, or spouse who has attained the legal drinking age.

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309.9-5. Underage Possession of Tobacco. A person commits the civil infraction of underage

possession of tobacco if he or she purchases, attempts to purchase, possesses, or consumes a

cigarette, electronic cigarette, or other tobacco product prior to reaching the age of twenty-one (21)

years.

309.9-6. Furnishing Tobacco to Minors. A person commits the civil infraction of furnishing

tobacco to minors if he or she procures for, sells, dispenses or gives away a cigarette, electronic

cigarette, or other tobacco product to any person under the age of twenty-one (21) years.

309.9-7. Misrepresentation of Identification Card. A person commits the civil infraction of

misrepresentation of identification card if he or she:

(a) intentionally carries an official identification card not legally issued to him or her, an

official identification card obtained under false pretenses or an official identification card

which has been altered or duplicated to convey false information;

(b) makes, alters or duplicates an official identification card purporting to show that he or

she has attained the legal age to purchase and consume alcohol beverages or cigarettes,

electronic cigarettes, or other tobacco products;

card; and/or

(d) intentionally carries an official identification card or other documentation showing that

the person has attained the legal age to purchase and consume alcohol beverages or

cigarettes, electronic cigarettes, or other tobacco products, with knowledge that the official

identification card or documentation is false.

309.9-8. Possession of Prohibited Drugs. A person commits the civil infraction of possession of

prohibited drugs if he or she possesses or consumes a prohibited drug or is in possession of any

drug paraphernalia.

309.9-9. Manufacturing Prohibited Drugs. A person commits the civil infraction of

manufacturing prohibited drugs if he or she manufactures, sells, or distributes any prohibited drug

or drug paraphernalia.

309.9-10. Maintaining a Drug House. A person commits the civil infraction of maintaining a

drug house if he or she owns or occupies any premise that is used to facilitate the use, delivery,

distribution or manufacture of a prohibited drug.

309.9-11. Determination of Prohibited Drugs. An Oneida Police Department officer shall make

the determination as to whether a substance is a prohibited drug using standard law enforcement

field testing practices.

309.10. Civil Infractions Affecting Health and Safety

309.10-1. Littering. A person commits the civil infraction of littering if he or she deposits, throws,

dumps, discards, abandons, leaves any litter on any private property or Tribal property of the

Nation.

309.10-2. Unsightly Areas. A person commits the civil infraction of unsightly areas if he or she

allows any scrap, refuse, junk, salvage, rubbish or property within the exterior boundaries of the

Reservation that creates unsightly areas and/or contributes to health and safety hazards.

309.10-3. Depositing Human Waste. A person commits the civil infraction of depositing human

waste if he or she urinates or defecates upon any public or private property other than into a toilet

or other device designed and intended to be used to ultimately deposit such human waste products

into a septic or sanitary sewer system.

309.10-4. Exposure of a Communicable or Infectious Disease. A person commits the civil

infraction of exposure of a communicable or infectious disease if he or she is knowingly infected

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with a communicable or infectious disease and willfully exposes himself or herself to another

person, which puts that person in danger of contracting the communicable or infectious disease.

309.11. Enforcement and Penalties

309.11-1. Issuance of a Citation. An individual who violates a provision of this law may be

subject to the issuance of a citation by an Oneida Police Department officer.

(a) A citation for a violation of this law 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.

(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.

shall provide notice to the Oneida Law Office attorney assigned to the Comprehensive

Housing Division of any citation issued to an individual located at a property rented or

leased through the Comprehensive Housing Division. Any information or reports shared

by the Oneida Police Department officer with the Oneida Law Office attorney shall remain

confidential as agreed upon between the Oneida Law Office and the Oneida Police

Department Chief of Police.

(1) Notwithstanding constraints imposed by any rules promulgated under any laws

of the Nation governing leases, eviction, and/or termination, the Oneida Law Office

attorney is vested with the discretion to resolve any housing related enforcement

occurring in accordance with this law to the mutual benefit of all involved parties.

309.11-2. Penalties. Upon a finding by the Trial Court that a violation of this law has occurred,

the individual may be subject to the following penalties:

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

The Oneida Business Committee shall adopt through resolution a citation schedule which

sets forth specific fine amounts for violations of this law.

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

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

on final appeal, whichever is later.

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

an alternative payment plan is negotiated by the Oneida Law Office and

approved by the Trial Court.

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

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

process or any other collection process available to the Trial Court.

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

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

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

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

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

Trial Court shall give preference to culturally relevant community service

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

the individual’s community.

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

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

monitored.

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

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

complete;

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

service assignment;

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

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

counseling and/or any other program relevant and available to the Nation.

(d) Restitution. An individual may be ordered to pay restitution, which may include the

repayment of any improperly received benefit, or any other payment which is intended to

make another whole after suffering losses as a result of the actions of the individual.

(1) The Trial Court shall determine an appropriate amount of restitution to be paid

for the theft or damage of any venerated object, which may be higher than the

monetary value of the venerated object due to its venerated status.

(e) Any other penalty as deemed appropriate by the Trial Court.

End.

Adopted – BC-__-__-__-__

3. O.C. 309 – Page 11

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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

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.

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

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