# Oneida Business Committee (2021)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A958aedc4b52bee65

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
August 4, 2021
9:00 a.m.
I.

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)

V.

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).
I.

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

V.

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
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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

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309.7. Civil Infractions Against Government
309.8. Civil Infractions Against the Person
309.9. Civil Infractions Involving Alcohol, Tobacco, and Drugs
309.10. Civil Infractions Affecting Health and Safety
309.11. Enforcement and Penalties

309.1. Purpose and Policy
309.1-1. Purpose. The purpose of this law is to set forth community standards and expectations
which preserve the peace, harmony, safety, health, and general welfare of individuals who live
within the boundaries of the Reservation.
309.1-2. Policy. It is the policy of the Nation to promote peace and order within the boundaries of
the Reservation while also providing an orderly process for addressing civil infractions that occur.
309.2. Adoption, Amendment, Repeal
309.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.
309.2-2. This law may be amended or repealed by the Oneida Business Committee 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.
(c) “Bodily harm” means physical pain or injury, illness, or any impairment of physical
condition.
(d) “Child” means a person who has not attained the age of eighteen (18) years.
(e) “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective
of size, shape and irrespective of the tobacco being flavored, adulterated, or mixed with
any other ingredient, where such roll has a wrapper or cover made of paper or any material,
except where such wrapper is wholly or in the greater part made of natural leaf tobacco in
its natural state.
(f) “Drug paraphernalia” means any equipment, product, object or container used or
intended for use to cultivate, plant, maintain, manufacture, package or store a prohibited

3. O.C. 309 – Page 1

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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;
(c) makes markings, including inscriptions, slogans, drawings, or paintings on the property
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;
(c) intentionally transfers merchandise held for resale by a merchant or property of a
merchant;
(d) intentionally conceals merchandise held for resale by a merchant or property of a
merchant;
(e) intentionally retains possession of merchandise held for resale by a merchant or
property of a merchant;
(f) while anywhere in the merchant's premises, intentionally removes a theft detection
device from merchandise held for resale by a merchant or property of a merchant;
(g) uses, or possesses with intent to use, a theft detection shielding device to shield
merchandise held for resale by a merchant or property of merchant from being detected by
an electronic or magnetic theft alarm sensor; 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
(c) with intent to defraud or harm another, he or she destroys, removes, conceals, alters,
substitutes or otherwise impairs the verity, legibility, or availability of a writing.
309.5-8. Negligent Handling of Burning Material. A person commits the civil infraction of
negligent handling of burning material if he or she handles burning material in a highly negligent
manner in which the person should realize that a substantial and unreasonable risk of serious
damage to another person or another’s property is created.
309.6. Civil Infractions Against the Peace
309.6-1. Disorderly Conduct. A person commits the civil infraction of disorderly conduct if he
or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise
disorderly conduct under circumstances in which the conduct tends to cause or provoke a
disturbance. A civil infraction of disorderly conduct may include, but is not limited to, the
following behaviors:
(a) fights with another person within the boundaries of the Reservation;
(b) discharges a firearm and/or air gun that areis prohibited;
(c) makes or causes to be made any loud, disturbing or unnecessary sounds or noises which
may annoy or disturb a person of ordinary sensibilities;
(1) Between the hours of 10:00 p.m. and 6:00 a.m. any excessive noise shall be
prohibited.
(d) abuses or threatens a person on Tribal property 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.
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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
(c) engages in gang-focused illegal activity either individually or collectively.
309.6-4. Throwing or Shooting Projectiles. A person commits the civil infraction of throwing or
shooting projectiles if he or she throws or shoots any object, stone, snowball, or other projectile
by hand or by any other means, at any person, or at or into any building, street, sidewalk, alley,
highway, park, playground or other public place.
309.6-5. Obstructing Streets and Sidewalks. A person commits the civil infraction of obstructing
streets and sidewalks if he or she stands, sits, loafs, loiters, engages in any sport of exercise, or
uses or maintains a motor vehicle on any public street, sidewalk, bridge, or public ground within
the Reservation in such manner as to:
(a) prevent or obstruct the free passage of pedestrian or vehicular traffic;
(b) prevent or hinder free ingress to or egress from any place of business or amusement or
any church, public building or meeting place; or
(c) prevent the Nation from utilizing a snowplow or other maintenance equipment or
vehicles.
309.6-6. Nuisance. A person commits the civil infraction of nuisance whenever he or she engages
in a thing, act, occupation, condition or use of property which shall continue for such length of
time as to:
(a) substantially annoy, injure or endanger the comfort, health, repose or safety of the
public;
(b) in any way render the public insecure in life or in the use of property; and/or
(c) greatly offend the public morals or decency.
309.6-7. Maintaining a Chronic Nuisance House. A person commits the civil infraction of
maintaining a chronic nuisance house if he or she has three (3) or more police contacts occurring
during a twelve (12) month period at the premises that he or she owns or occupies through a lease
or rental agreement.
309.6-8. Interfering with Lawful Arrest or Resisting Arrest. A person commits the civil infraction
of interfering with lawful arrest or resisting arrest if by force, violence or other means, he or she:
(a) interferes, hinders or resists any Oneida Police Department officer in the performance
of his or her official duties;
(b) flees from any Oneida Police Department officer who is attempting to lawfully arrest
or detain him or her; or
(c) assists another to avoid a lawful arrest or harbors a fugitive.

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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;
(c) willfully denies any official, employee or member of the Nation the lawful right of such
person to enter, to use the facilities, or to leave any Tribal property 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;
(c) causes physical contact with another when the person knows or should reasonably
believe that the other person will regard the contact as offensive or provocative;
(d) uses or exhibits a weapon during the commission of the assault; or
(e) forcibly assaults or intimidates any authorized law enforcement official lawfully
discharging an official duty.
309.8-2. Harassment. A person commits the civil infraction of harassment if, with intent to harass,
alarm, abuse, or torment another he or she:
(a) initiates communication in person, by telephone, in writing, or through any means of
electronic communication and in the course of the communication makes a comment,
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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;
(c) conveys, in a manner reasonably likely to alarm the person receiving the report, a false
report, which is known by the conveyer to be false, that another person has suffered death
or serious bodily harm;
(d) causes the telephone of another to ring repeatedly or makes repeated telephone
communications anonymously or in a manner reasonably likely to harass, alarm, abuse,
torment, or offend another;
(e) knowingly permits a telephone or electronic device under his or her control to be used
by a person to commit an infraction under this section; or
(f) intentionally subjects another to sexual harassment.
309.8-3. Abuse of Individuals at Risk. A person commits the civil infraction of abuse of
individuals at risk if he or she subjects an adult at risk or elder at risk to any of the following:
(a) physical abuse;
(b) emotional abuse;
(c) sexual abuse;
(d) unreasonable confinement or restraint;
(e) financial exploitation; 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;
(c) presents false information to an issuing officer in applying for an official identification
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.
(c) Notice to the Comprehensive Housing Division. An Oneida Police Department officer
shall provide notice to the Oneida Law Office attorney assigned to the Comprehensive
Housing Division of any citation issued to an individual located at a property rented or
leased through the Comprehensive Housing Division. Any information or reports shared
by the Oneida Police Department officer with the Oneida Law Office attorney shall remain
confidential as agreed upon between the Oneida Law Office and the Oneida Police
Department Chief of Police.
(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;
(C) how the individual shall obtain approval for his or her community
service assignment;
(D) how the individual shall report his or her hours; and
(E) any other information the Trial Court determines is relevant.
(c) Counseling and/or other Programs. An individual may be ordered to participate in
counseling and/or any other program relevant and available to the Nation.
(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-__-__-__-__

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Title 3. Health & Public Safety - Chapter 309
PUBLIC PEACE
309.1. Purpose and Policy
309.2. Adoption, Amendment, Repeal
309.3. Definitions
309.4. Jurisdiction and Authority
309.5. Civil Infractions Against Property
309.6. Civil Infractions Against the Peace

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309.7. Civil Infractions Against Government
309.8. Civil Infractions Against the Person
309.9. Civil Infractions Involving Alcohol, Tobacco, and Drugs
309.10. Civil Infractions Affecting Health and Safety
309.11. Enforcement and Penalties

309.1. Purpose and Policy
309.1-1. Purpose. The purpose of this law is to set forth community standards and expectations
which preserve the peace, harmony, safety, health, and general welfare of individuals who live
within the boundaries of the Reservation.
309.1-2. Policy. It is the policy of the Nation to promote peace and order within the boundaries of
the Reservation while also providing an orderly process for addressing civil infractions that occur.
309.2. Adoption, Amendment, Repeal
309.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.
309.2-2. This law may be amended or repealed by the Oneida Business Committee or General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
309.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
309.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
309.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
309.3. Definitions
309.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Adult at risk” means any adult who has a physical or mental condition that
substantially impairs his or her ability to care for his or her needs and who has experienced,
is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or
financial exploitation.
(b) “Alcohol beverage” means a fermented malt beverage and any intoxicating liquor.
(c) “Bodily harm” means physical pain or injury, illness, or any impairment of physical
condition.
(d) “Child” means a person who has not attained the age of eighteen (18) years.
(e) “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective
of size, shape and irrespective of the tobacco being flavored, adulterated, or mixed with
any other ingredient, where such roll has a wrapper or cover made of paper or any material,
except where such wrapper is wholly or in the greater part made of natural leaf tobacco in
its natural state.
(f) “Drug paraphernalia” means any equipment, product, object or container used or
intended for use to cultivate, plant, maintain, manufacture, package or store a prohibited

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drug or inject, ingest, inhale or otherwise introduce an prohibited drug into the human body,
regardless of the material composition of the instrument used for such purposes.
(g) “Elder at risk” means any person age fifty-five (55) or older who has experienced, is
currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial
exploitation.
(h) “Electronic cigarette” means device that enables a person to ingest nicotine, or other
chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and
other products used to refill the device. “Electronic cigarette” shall not include any device
that is prescribed by a healthcare professional.
(i) “Fleet vehicle” means a vehicle owned or leased by the Nation.
(j) “Gang” means an association of three (3) or more individuals whose members
collectively identify themselves by adopting a group identity which they use to create an
atmosphere of fear or intimidation frequently by employing one (1) or more of the
following: a common name, slogan, identifying sign, symbol, tattoo, or other physical
marking, style or color of clothing, hairstyle, hand sign or graffiti.
(k) “Intoxication” means not having the normal use of mental or physical faculties by
reason of the introduction of an alcohol beverage or a prohibited drug, or any other
substance into the body.
(l) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17-A.
(m) “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.

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(t) “Reservation” means all land within the exterior boundaries of the Reservation of the
Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any
lands added thereto pursuant to federal law.
(u) “Sexual harassment” means unwelcome sexual advances, requests for sexual favors,
or other verbal or physical conduct of a sexual nature, submission to which is made a term
or condition of a person's exercise or enjoyment of any right, privilege, power, or
immunity, either explicitly or implicitly.
(v) “Theft detection device" means any tag or other device that is used to prevent or detect
theft and that is attached to merchandise held for resale by a merchant or to property of a
merchant.
(w) “Theft detection device remover" means any tool or device used, designed for use or
primarily intended for use in removing a theft detection device from merchandise held for
resale by a merchant or property of a merchant.
(x) “Theft detection shielding device" means any laminated or coated bag or device
designed to shield merchandise held for resale by a merchant or property of a merchant
from being detected by an electronic or magnetic theft alarm sensor.
(y) “Tobacco products” means cigars; cheroots; stogies; periques; granulated, plug cut,
crimp cut, ready-rubbed and other smoking tobacco; snuff, including moist snuff; snuff
flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts;
refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of
tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or
otherwise, or both for chewing and smoking.
(z) “Trial Court” means the Trial Court of the Oneida Nation Judiciary.
(aa) “Tribal property” means all land owned in fee by the Nation or held in trust by the
United States for the benefit of the Nation, excluding leased parcels and parcels under a
right of way.
(bb) “Venerated object” means any object of worship, devotion, reverence, tradition, or
adoration regarded with great respect.
(cc) “Weapon” means guns, switchblade knives, knives with blades longer than three (3)
inches that are not being used for food preparation, electric weapons, billy clubs, and any
other similar instrument or device.
309.4. Jurisdiction and Authority
309.4-1. Jurisdiction of the Court. The Trial Court shall have jurisdiction over any action brought
under this law.
309.4-2. Standard of Proof. All matters to be decided by the Trial Court shall be proven by clear
and convincing evidence.
309.4-3. Authority of the Oneida Police Department. The Oneida Police Department shall have
the authority to:
(a) investigate complaints involving civil infractions under this law; and
(b) issue citations for violations of this law.
309.4-4. General Prohibition of Civil Infractions. No person shall commit a civil infraction under
this law.
309.5. Civil Infractions Against Property
309.5-1. Damage to Property. A person commits the civil infraction of damage to property if he
or she, without the consent of the owner:
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(a) damages or destroys the property of the owner;
(b) tampers with property of the owner and causes pecuniary loss or substantial
inconvenience to the owner or a third person;
(c) makes markings, including inscriptions, slogans, drawings, or paintings on the property
of the owner; or
(d) alters, defaces, or damages in any way property owned by the Nation.
309.5-2. Reckless Damage or Destruction. A person commits the civil infraction of reckless
damage or destruction if without the consent of the owner he or she recklessly damages or destroys
the property of the owner.
309.5-3. Trespass. A person commits the civil infraction of trespass if he or she:
(a) enters or remains on private property or Tribal property without consent and he or she:
(1) had notice that the entry was forbidden; or
(2) received notice or order to depart but failed to do so.
(b) Notice. Notice or an order to depart may be given by:
(1) written or verbal communication given to the intruder by an Oneida Police
Department officer, the owner of the property, or a person authorized to act on
behalf of the owner;
(2) written notice posted on or about the property in a manner reasonably likely to
come to the attention of potential intruders; or
(3) fences, barricades, or other devices manifestly designed to enclose the property
and to exclude potential intruders.
309.5-4. Theft. A person commits the civil infraction of theft is he or she:
(a) obtains, exercises control over, or conceals anything of value of another without the
consent of the owner; or
(b) having lawfully obtained possession for temporary use of the property, deliberately
and without consent, fails to return or reveal the whereabouts of said property to the owner,
his or her representative or the person from which he or she has received it with the intent
to permanently deprive the owner of its use and benefit.
309.5-5. Retail Theft. A person commits the civil infraction of retail theft if he or she without the
merchant's consent and with intent to deprive the merchant permanently of possession or the full
purchase price of the merchandise or property:
(a) intentionally alters indicia of price or value of merchandise held for resale by a
merchant or property of a merchant;
(b) intentionally takes and carries away merchandise held for resale by a merchant or
property of a merchant;
(c) intentionally transfers merchandise held for resale by a merchant or property of a
merchant;
(d) intentionally conceals merchandise held for resale by a merchant or property of a
merchant;
(e) intentionally retains possession of merchandise held for resale by a merchant or
property of a merchant;
(f) while anywhere in the merchant's premises, intentionally removes a theft detection
device from merchandise held for resale by a merchant or property of a merchant;
(g) uses, or possesses with intent to use, a theft detection shielding device to shield
merchandise held for resale by a merchant or property of merchant from being detected by
an electronic or magnetic theft alarm sensor; or

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(h) uses, or possesses with intent to use, a theft detection device remover to remove a theft
detection device from merchandise held for resale by a merchant or property of a merchant.
309.5-6. Loitering. A person commits the civil infraction of loitering if he or she loiters or prowls
in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that
warrant alarm for the safety of persons or property in the vicinity.
(a) Among the circumstances which may be considered in determining whether such alarm
is warranted is the fact that the person:
(1) takes flight upon appearance of an Oneida Police Department Officer;
(2) refuses to identify himself or herself or manifestly endeavors to conceal himself
or herself or any object; or
(3) refuses to leave the premises after being requested to move by an Oneida Police
Department officer or by any person in authority at such place.
309.5-7. Fraud. A person commits the civil infraction of fraud if, to obtain property, money, gain,
advantage, interest, asset, or services for himself or herself or another he or she:
(a) makes a materially false or misleading statement which he or she knows to be untrue
or makes a remark with reckless disregard to the accuracy of the statement;
(b) withholds information by misrepresentation or deceit; or
(c) with intent to defraud or harm another, he or she destroys, removes, conceals, alters,
substitutes or otherwise impairs the verity, legibility, or availability of a writing.
309.5-8. Negligent Handling of Burning Material. A person commits the civil infraction of
negligent handling of burning material if he or she handles burning material in a highly negligent
manner in which the person should realize that a substantial and unreasonable risk of serious
damage to another person or another’s property is created.
309.6. Civil Infractions Against the Peace
309.6-1. Disorderly Conduct. A person commits the civil infraction of disorderly conduct if he
or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise
disorderly conduct under circumstances in which the conduct tends to cause or provoke a
disturbance. A civil infraction of disorderly conduct may include, but is not limited to, the
following behaviors:
(a) fights with another person within the boundaries of the Reservation;
(b) discharges a firearm or air gun that is prohibited;
(c) makes or causes to be made any loud, disturbing or unnecessary sounds or noises which
may annoy or disturb a person of ordinary sensibilities;
(1) Between the hours of 10:00 p.m. and 6:00 a.m. any excessive noise shall be
prohibited.
(d) abuses or threatens a person on Tribal property in an obviously offensive manner;
(e) lies or sleeps on any street, alley or sidewalk, or in any other Tribal property, or upon
private property that he or she has no right to occupy; or
(f) uses abusive, indecent, profane, or vulgar language in Tribal property, and the language
by its very utterance tends to incite an immediate breach of the peace.
309.6-2. Carrying a Prohibited Weapon. A person commits the civil infraction of carrying a
prohibited weapon if he or she bears or carries on or about his or her person, whether in the open
or concealed, a weapon on Tribal property, including any buildings, gaming or retail business,
facility, construction site, fleet vehicle, or at any event sponsored by the Nation.
(a) Exceptions. An individual shall not be considered to have committed the civil
infraction of carrying a prohibited weapon if he or she is actively engaged in:
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(1) the performance of the duties of his or her employment which requires a
weapon to be carried, including sworn law enforcement officers or vendors who
transport or distribute cash;
(2) hunting, fishing, or trapping in accordance with the Nation’s laws and rules
governing hunting, fishing, and trapping; or
(3) cultural activities or ceremonies.
309.6-3. Gang Related Activity. A person commits the civil infraction of gang activity if he or
she participates in any activity with a gang which:
(a) creates an atmosphere of fear and intimidation in the community;
(b) engages in acts injurious to the public health, safety, or morals of the Nation; or
(c) engages in gang-focused illegal activity either individually or collectively.
309.6-4. Throwing or Shooting Projectiles. A person commits the civil infraction of throwing or
shooting projectiles if he or she throws or shoots any object, stone, snowball, or other projectile
by hand or by any other means, at any person, or at or into any building, street, sidewalk, alley,
highway, park, playground or other public place.
309.6-5. Obstructing Streets and Sidewalks. A person commits the civil infraction of obstructing
streets and sidewalks if he or she stands, sits, loafs, loiters, engages in any sport of exercise, or
uses or maintains a motor vehicle on any public street, sidewalk, bridge, or public ground within
the Reservation in such manner as to:
(a) prevent or obstruct the free passage of pedestrian or vehicular traffic;
(b) prevent or hinder free ingress to or egress from any place of business or amusement or
any church, public building or meeting place; or
(c) prevent the Nation from utilizing a snowplow or other maintenance equipment or
vehicles.
309.6-6. Nuisance. A person commits the civil infraction of nuisance whenever he or she engages
in a thing, act, occupation, condition or use of property which shall continue for such length of
time as to:
(a) substantially annoy, injure or endanger the comfort, health, repose or safety of the
public;
(b) in any way render the public insecure in life or in the use of property; or
(c) greatly offend the public morals or decency.
309.6-7. Maintaining a Chronic Nuisance House. A person commits the civil infraction of
maintaining a chronic nuisance house if he or she has three (3) or more police contacts occurring
during a twelve (12) month period at the premises that he or she owns or occupies through a lease
or rental agreement.
309.6-8. Interfering with Lawful Arrest or Resisting Arrest. A person commits the civil infraction
of interfering with lawful arrest or resisting arrest if by force, violence or other means, he or she:
(a) interferes, hinders or resists any Oneida Police Department officer in the performance
of his or her official duties;
(b) flees from any Oneida Police Department officer who is attempting to lawfully arrest
or detain him or her; or
(c) assists another to avoid a lawful arrest or harbors a fugitive.
309.7. Civil Infractions Against Government
309.7-1. Disrupting a Meeting or Government Function. A person commits the civil infraction
of disrupting a meeting or government function if he or she:

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(a) conducts himself or herself in a manner intended to prevent or disrupt a lawful meeting
held in any property owned or controlled by the Nation;
(b) refuses or fails to leave any Tribal property upon being requested to do so by any official
charged with maintaining order in such Tribal property;
(c) willfully denies any official, employee or member of the Nation the lawful right of such
person to enter, to use the facilities, or to leave any Tribal property;
(d) at or in any Tribal property willingly impedes any official or employee in the lawful
performance of his or her duties or activities through the use of restraint, coercion,
intimidation or by force and violence or threat thereof; or
(e) at any meeting or session conducted by any official of the Nation, held in any Tribal
property; through the use of restraint, coercion, intimidation or by force and violence or
threat thereof; willfully impedes, disrupts, or hinders the normal proceedings of such a
meeting or session by any act of intrusion into the chamber or other areas designated for
the use of the body or official to conduct such a meeting.
309.7-2. Breach of Confidentiality. A person commits the civil infraction of breach of
confidentiality if he or she;
(a) makes or disseminates any unauthorized audio or video recording within the designated
meeting area of a General Tribal Council meeting, or executive session portion of a meeting
of the Oneida Business Committee or any other board, committee, or commission of the
Nation; or
(b) disseminates any confidential meeting materials of the General Tribal Council, Oneida
Business Committee, or any other board, committee, or commission of the Nation,
including but not limited to, meeting packets and meeting minutes, to any individual not
authorized to access the materials.
309.7-3. Threatening an Official. A person commits the civil infraction of threatening an official
if he or she threatens to inflict serious injury against an official, a member of the official’s family,
or the official’s property as a result of any action taken by the official in the course of his or her
duties.
309.8. Civil Infractions Against the Person
309.8-1. Assault. A person commits the civil infraction of assault if he or she:
(a) causes bodily harm to another;
(b) threatens another with imminent bodily harm;
(c) causes physical contact with another when the person knows or should reasonably
believe that the other person will regard the contact as offensive or provocative;
(d) uses or exhibits a weapon during the commission of the assault; or
(e) forcibly assaults or intimidates any authorized law enforcement official lawfully
discharging an official duty.
309.8-2. Harassment. A person commits the civil infraction of harassment if, with intent to harass,
alarm, abuse, or torment another he or she:
(a) initiates communication in person, by telephone, in writing, or through any means of
electronic communication and in the course of the communication makes a comment,
request, suggestion or proposal that is obscene or false;
(b) threatens, in person, by telephone, in writing, or through any means of electronic
communication in a manner reasonably likely to alarm the person receiving the threat, to
inflict serious injury against the person, a member of his or her family, or his or her
property;
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(c) conveys, in a manner reasonably likely to alarm the person receiving the report, a false
report, which is known by the conveyer to be false, that another person has suffered death
or serious bodily harm;
(d) causes the telephone of another to ring repeatedly or makes repeated telephone
communications anonymously or in a manner reasonably likely to harass, alarm, abuse,
torment, or offend another;
(e) knowingly permits a telephone or electronic device under his or her control to be used
by a person to commit an infraction under this section; or
(f) intentionally subjects another to sexual harassment.
309.8-3. Abuse of Individuals at Risk. A person commits the civil infraction of abuse of
individuals at risk if he or she subjects an adult at risk or elder at risk to any of the following:
(a) physical abuse;
(b) emotional abuse;
(c) sexual abuse;
(d) unreasonable confinement or restraint;
(e) financial exploitation; or
(f) deprivation of a basic need for food, shelter, clothing, or personal or health care,
including deprivation resulting from the failure to provide or arrange for a basic need by a
person who has assumed responsibility for meeting the need voluntarily or by contract,
agreement, or court order.
309.8-4. Truancy. A person commits the civil infraction of truancy if he or she fails without good
cause to ensure that a child he or she is responsible for the care of attends school in accordance
with the rules of the school district in which the child is enrolled.
309.9. Civil Infractions Involving Alcohol, Tobacco, and Drugs
309.9-1. Public Intoxication. A person commits the civil infraction of public intoxication if he or
she appears intoxicated by alcohol beverages or prohibited drugs on Tribal property to the degree
that the person may endanger himself or herself, or another person.
309.9-2. Unauthorized Alcohol Beverage. A person commits the civil infraction of unauthorized
alcohol beverage if he or she consumes or possesses any open or unsealed container containing an
alcohol beverage on any public way, in any parking lot held for public use, or on or within the
premises of a public place or on or in any motor vehicle on a public way or in parking lot held out
for public use, unless such person is on the premises of an establishment holding a valid license
for the on premises consumption of alcoholic beverages. No person may possess or consume an
alcohol beverage on school premises or while participating in a school-sponsored activity.
309.9-3. Underage Possession of Alcohol. A person commits the civil infraction of underage
possession of alcohol if he or she purchases, attempts to purchase, possesses, or consumes an
alcohol beverage prior to reaching the age of twenty-one (21) years unless accompanied by his or
her parent, guardian, or spouse who has attained the legal drinking age.
309.9-4. Furnishing Alcohol Beverages to Minors. A person commits the civil infraction of
furnishing alcohol beverages to minors if he or she procures for, sells, dispenses or gives away any
alcohol beverages to any person under the age of twenty-one (21) years who is not accompanied
by his or her parent, guardian, or spouse who has attained the legal drinking age.
309.9-5. Underage Possession of Tobacco. A person commits the civil infraction of underage
possession of tobacco if he or she purchases, attempts to purchase, possesses, or consumes a
cigarette, electronic cigarette, or other tobacco product prior to reaching the age of twenty-one (21)
years.
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309.9-6. Furnishing Tobacco to Minors. A person commits the civil infraction of furnishing
tobacco to minors if he or she procures for, sells, dispenses or gives away a cigarette, electronic
cigarette, or other tobacco product to any person under the age of twenty-one (21) years.
309.9-7. Misrepresentation of Identification Card. A person commits the civil infraction of
misrepresentation of identification card if he or she:
(a) intentionally carries an official identification card not legally issued to him or her, an
official identification card obtained under false pretenses or an official identification card
which has been altered or duplicated to convey false information;
(b) makes, alters or duplicates an official identification card purporting to show that he or
she has attained the legal age to purchase and consume alcohol beverages or cigarettes,
electronic cigarettes, or other tobacco products;
(c) presents false information to an issuing officer in applying for an official identification
card; or
(d) intentionally carries an official identification card or other documentation showing that
the person has attained the legal age to purchase and consume alcohol beverages or
cigarettes, electronic cigarettes, or other tobacco products, with knowledge that the official
identification card or documentation is false.
309.9-8. Possession of Prohibited Drugs. A person commits the civil infraction of possession of
prohibited drugs if he or she possesses or consumes a prohibited drug or is in possession of any
drug paraphernalia.
309.9-9. Manufacturing Prohibited Drugs. A person commits the civil infraction of
manufacturing prohibited drugs if he or she manufactures, sells, or distributes any prohibited drug
or drug paraphernalia.
309.9-10. Maintaining a Drug House. A person commits the civil infraction of maintaining a
drug house if he or she owns or occupies any premise that is used to facilitate the use, delivery,
distribution or manufacture of a prohibited drug.
309.9-11. Determination of Prohibited Drugs. An Oneida Police Department officer shall make
the determination as to whether a substance is a prohibited drug using standard law enforcement
field testing practices.
309.10. Civil Infractions Affecting Health and Safety
309.10-1. Littering. A person commits the civil infraction of littering if he or she deposits, throws,
dumps, discards, abandons, leaves any litter on any private property or Tribal property.
309.10-2. Unsightly Areas. A person commits the civil infraction of unsightly areas if he or she
allows any scrap, refuse, junk, salvage, rubbish or property within the exterior boundaries of the
Reservation that creates unsightly areas or contributes to health and safety hazards.
309.10-3. Depositing Human Waste. A person commits the civil infraction of depositing human
waste if he or she urinates or defecates upon any public or private property other than into a toilet
or other device designed and intended to be used to ultimately deposit such human waste products
into a septic or sanitary sewer system.
309.10-4. Exposure of a Communicable or Infectious Disease. A person commits the civil
infraction of exposure of a communicable or infectious disease if he or she is knowingly infected
with a communicable or infectious disease and willfully exposes himself or herself to another
person, which puts that person in danger of contracting the communicable or infectious disease.

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309.11. Enforcement and Penalties
309.11-1. Issuance of a Citation. An individual who violates a provision of this law may be
subject to the issuance of a citation by an Oneida Police Department officer.
(a) A citation for a violation of this law or any orders issued pursuant to this law may
include fines and other penalties, as well as conditional orders made by the Trial Court.
(b) A citation for a violation of this law shall be processed in accordance with the
procedure contained in the Nation’s laws and policies governing citations.
(c) Notice to the Comprehensive Housing Division. An Oneida Police Department officer
shall provide notice to the Oneida Law Office attorney assigned to the Comprehensive
Housing Division of any citation issued to an individual located at a property rented or
leased through the Comprehensive Housing Division. Any information or reports shared
by the Oneida Police Department officer with the Oneida Law Office attorney shall remain
confidential as agreed upon between the Oneida Law Office and the Oneida Police
Department Chief of Police.
(1) Notwithstanding constraints imposed by any rules promulgated under any laws
of the Nation governing leases, eviction, 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 or community service assignments that focus on the betterment of the
individual’s community.
(2) The Trial Court shall provide the individual a written statement of the terms of
the community service order, and a statement that the community service order is
monitored.
(3) The Trial Court’s community service order shall specify:
(A) how many hours of community service the individual is required to
complete;
(B) the time frame in which the hours shall be completed;
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(C) how the individual shall obtain approval for his or her community
service assignment;
(D) how the individual shall report his or her hours; and
(E) any other information the Trial Court determines is relevant.
(c) Counseling or other Programs. An individual may be ordered to participate in
counseling or any other program relevant and available to the Nation.
(d) Restitution. An individual may be ordered to pay restitution, which may include the
repayment of any improperly received benefit, or any other payment which is intended to
make another whole after suffering losses as a result of the actions of the individual.
(1) The Trial Court shall determine an appropriate amount of restitution to be paid
for the theft or damage of any venerated object, which may be higher than the
monetary value of the venerated object due to its venerated status.
(e) Any other penalty as deemed appropriate by the Trial Court.
End.
Adopted – BC-__-__-__-__

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PUBLIC PEACE LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed
Law

Purpose

Affected
Entities
Related
Legislation

Analysis by the Legislative Reference Office
 Delegate jurisdiction to the Trial Court for any action brought under this law [3 O.C.
309.4-1];
 Delegate authority to the Oneida Police Department to investigate complaints
involving civil infraction under this law and issue citations for violations of this law
[3 O.C. 309.4-3];
 Prohibit a person from committing a civil infraction under this law [3 O.C. 309.4-4];
 Provide the various civil infractions including:
 Civil infractions against property [3 O.C. 309.5];
 Civil infractions against the peace [3 O.C. 309.6];
 Civil infractions against government [3 O.C. 309.7];
 Civil infractions against the person [3 O.C. 309.8];
 Civil infractions involving alcohol, tobacco, and drugs [3 O.C. 309.9]; and
 Civil Infractions affecting health and safety [3 O.C. 309.10];
 Provide that citation for a violation of this law shall be processed in accordance with
the procedure contained in the Nation’s laws and policies governing citations [3 O.C.
309.11-1(b)];
 Require that an Oneida Police Department officer provide notice to the Oneida Law
Office attorney assigned to the Comprehensive Housing Division of any citation
issued to an individual located at a property rented or leased through the
Comprehensive Housing Division, and that the Oneida Law Office attorney is then
vested with the discretion to resolve any housing related enforcement occurring in
accordance with this law to the mutual benefit of all involved parties, notwithstanding
constraints imposed by any rules promulgated under any laws of the Nation governing
leasing, eviction, and/or termination [3 O.C. 309.11-1(c)]; and
 Provide various penalties to be utilized by the Trial Court upon a finding that a
violation of this law has occurred, including:
 Fines [3 O.C. 309.11-2(a)];
 Community service [3 O.C. 309.11-2(b)];
 Counseling and/or other programs [3 O.C. 309.11-2(c)];
 Restitution [3 O.C. 309.11-2(d)]; and/or
 Any other penalty as deemed appropriate by the Trial Court. [3 O.C.
309.11-2(e)].
To set forth community standards and expectations which preserve the peace, harmony,
safety, health, and general welfare of individuals who live within the boundaries of the
Reservation. [1 O.C. 309.1-1]
Oneida Nation Judiciary, Oneida Police Department, Oneida Law Office, Comprehensive
Housing Division.
Citations law, Per Capita law, Garnishment law, Eviction and Termination law, Leasing
law

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Fiscal Impact

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A public comment period was held open until June 9, 2021. A public meeting was not
held in accordance with the Nation’s COVID-19 Core Decision Making Team’s
declaration titled, “Suspension of Public Meetings under the Legislative Procedures Act.”
A fiscal impact statement will be requested from the Finance Department on August 4,
2021.

SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The request for the Legislative Operating Committee to develop and adopt a Public Peace
law (“the Law”) was originally submitted on December 7, 2016. On October 26, 2016, the Oneida
Police Commission, in its quarterly report to the Oneida Business Committee, made a recommendation
to develop a Public Peace law in an effort to exercise the Nation’s sovereignty and jurisdiction. This
recommendation was made based on input received during a community meeting held in Site 2 by the
Oneida Police Department and Oneida Housing Authority due to a homicide investigation. The Oneida
Business Committee then forwarded this request to the LOC who originally placed this item on the
Active Files List in December 2016. The purpose of developing a Public Peace law would be to address
community issues such as trespassing, damage to property, noise nuisances, and loitering.
B. On October 7, 2020, the Legislative Operating Committee added the Public Peace law to its Active
Files List with Jennifer Webster as the sponsor. This item had been carried over from the last two (2)
Legislative Operating Committee terms. Since that time, a work group of representatives from the
Oneida Police Department, Oneida Law Office, Tribal Action Plan (TAP), Comprehensive Housing
Division, and the Oneida Business Committee has met to work on the development of the Law.
C. On November 13, 2020, the LOC received a request from Vice Chairman Brandon Stevens to develop
a Nuisance law on an emergency basis. Vice Chairman Stevens provided that he would like a Nuisance
law developed on an emergency basis to preserve the welfare of the community from homes that are
suspected drug houses. He also provided that currently the Comprehensive Housing Division and the
Oneida Police Department have little authority over some homes on the Reservation, especially
conveyed homes, and he would like to see that changed. The Legislative Operating Committee denied
the request to develop a Nuisance law because the Legislative Operating Committee already had the
development of a Public Peace law on its Active Files List, and the Public Peace law would address the
social issues the request for a Nuisance law identified.

SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments of the Nation participated in the development of this
Law and legislative analysis:
 Oneida Business Committee;
 Oneida Law Office;
 Oneida Police Department;
 Strategic Planner;
 Tribal Action Plan (TAP); and
 Comprehensive Housing Division.
B. The following laws of the Nation were reviewed in the drafting of this analysis:
 Citations law;
 Per Capita law;
 Garnishment law;

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 Oneida Judiciary Rules of Civil Procedure;
 Real Property law;
 Leasing law;
 Eviction and Termination law.
C. The following laws and ordinances from other States, municipalities, and Tribes were reviewed in the
drafting of this law and analysis:
 Ysleta del Sur Pueblo Peace Code;
 Stockbridge-Munsee Public Peace and Good Order Ordinance;
 Saginaw Chippewa Public Nuisance Order;
 Rincon Band of Luiseno Mission Indians Peace and Security Ordinance;
 Ho-Chunk Nation Public Nuisance Act;
 Village of Hobart Peace and Good Order Law;
 Green Bay Public Peace and Good Order Ordinance;
 Green Bay Public Nuisance Ordinance;
 Brown County Offenses Against Public Peace and Safety; and
 Relevant State of Wisconsin statutes.
D. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic
of COVID-19. The COVID-19 outbreak originated in Wuhan, China and has spread to many other
countries throughout the world, including the United States. The COVID-19 pandemic has resulted in
high rates of infection and mortality, as well as vast economic impacts including effects on the stock
market and the closing of all non-essential businesses. A public meeting for this proposed Law will not
be held due to the COVID-19 pandemic, but a public comment period for the submission of written
comments will be held open until June 9. 2021.
 Declaration of a Public Health State of Emergency.
 On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State
of Emergency” regarding the COVID-19 pandemic which declared a Public Health State
of Emergency for the Nation until April 12, 2020, and set into place the necessary authority
for action to be taken and allows the Nation to seek reimbursement of emergency
management actions that may result in unexpected expenses.
 The Public Health State of Emergency has since been extended until September 26, 2021,
by the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A,
BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-0310-21-D, BC-05-12-21-A, BC-06-23-21-B, and BC-07-28-21-N.
 COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the
Legislative Procedures Act.
 On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a
“Suspension of Public Meetings under the Legislative Procedures Act” declaration which
suspended the Legislative Procedures Act's requirement to hold a public meeting during
the public comment period, but allows members of the community to still participate in the
legislative process by submitting written comments, questions, data, or input on proposed
legislation to the Legislative Operating Committee via e-mail during the public comment
period.

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

Although a public meeting was not held on the proposed Law, a public comment period
was still held open until June 9, 2021, in accordance with the Legislative Procedures Act
and the COVID-19 Core Decision Making Team’s “Suspension of Public Meetings under
the Legislative Procedures Act” declaration.

SECTION 4. PROCESS
A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).
 On October 7, 2020, the Legislative Operating Committee added the Public Peace law to its
Active Files List.
 On April 21, 2021, the Legislative Operating Committee approved the draft and legislative
analysis for this Law.
 On May 5, 2021, the Legislative Operating Committee scheduled a public comment period to
be held for this proposed Law.
 The public comment period for this proposed Law was held open until June 9, 2021.
 On July 7, 2021, the Legislative Operating Committee accepted the public comments that were
received for this legislative item and deferred this item to a work meeting for consideration.
 On July 7, 2021 and July 13, 2021, the Legislative Operating Committee reviewed and
considered the public comments that were received.
 On August 4, 2021, the Legislative Operating Committee will consider approving the final
draft of the proposed Law and directing the Finance Department to complete a fiscal impact
statement.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of this Law:
 December 16, 2020: LOC work meeting held with representatives from the Oneida Police
Department, TAP, Comprehensive Housing Division, and Oneida Business Committee.
 January 15, 2021: LOC work meeting held with representatives from the Oneida Police
Department, TAP, Comprehensive Housing Division, Oneida Law Office, Oneida Business
Committee, and Strategic Planner.
 January 28, 2021: LOC work meeting.
 February 11, 2021: LOC work meeting.
 March 17, 2021: LOC work meeting held with representatives from the Oneida Police
Department, TAP, Comprehensive Housing Division, Oneida Law Office, and Oneida
Business Committee.
 April 7, 2021: LOC work meeting held with representatives from the Oneida Police
Department, TAP, Comprehensive Housing Division, Oneida Law Office, and Oneida
Business Committee.
 July 7, 2021: LOC work meeting.
 July 7, 2021: LOC work meeting held with representatives from the Oneida Police Department.
 July 13, 2021: LOC work meeting.
 July 21, 2021: LOC work meeting held with representatives from the Oneida Police
Department and Oneida Law Office.
 July 29, 2021: Work meeting with the Oneida Law Office.

SECTION 5. CONTENTS OF THE LEGISLATION
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A. Intent of the Law. The purpose of this law is to set forth community standards and expectations which
preserve the peace, harmony, safety, health, and general welfare of individuals who live within the
boundaries of the Reservation. [3 O.C. 309.1-1]. It is the policy of the Nation to promote peace and
order within the boundaries of the Reservation while also providing an orderly process for addressing
civil infractions that occur. [3 O.C. 309.1-2]. The Legislative Operating Committee was motivated to
develop this Law after hearing concerns from fellow Oneida Business Committee councilmembers and
members of the community regarding issues and problems occurring in neighborhoods throughout the
Reservation.
B. Prohibition of Civil Infractions. This Law prohibits a person from committing a civil infraction. [3
O.C. 309.4-4]. The Law then goes on to provide details on what constitutes various civil infractions
and organizes each civil infraction into different categories. The following constitutes the organization
of the civil infractions:
 Civil Infractions Against Property [3 O.C. 309.5].
 Damage to Property;
 Reckless Damage or Destruction;
 Trespass;
 Theft;
 Retail Theft;
 Loitering;
 Fraud; and
 Negligent Handling of Burning Material.
 Civil Infractions Against the Peace [3 O.C. 309.6].
 Disorderly Conduct;
 Carrying a Prohibited Weapon;
 Gang Related Activity;
 Throwing or Shooting Projectiles;
 Obstructing Streets and Sidewalks;
 Nuisance;
 Maintaining a Chronic Nuisance House; and
 Interfering with Lawful Arrest or Resisting Arrest.
 Civil Infractions Against Government [3 O.C. 309.7].
 Disrupting a Meeting or Government Function;
 Breach of Confidentiality; and
 Threatening an Official.
 Civil Infractions Against the Person [3 O.C. 309.8].
 Assault;
 Harassment;
 Abuse of Individuals at Risk; and
 Truancy.
 Civil Infractions Involving Alcohol, Tobacco, and Drugs [3 O.C. 309.9].
 Public Intoxication;
 Unauthorized Alcohol Beverage;
 Underage Possession of Alcohol;
 Furnishing Alcohol Beverages to Minors;

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 Underage Possession of Tobacco;
 Furnishing Tobacco to Minors;
 Misrepresentation of Identification Card;
 Possession of Prohibited Drugs;
 Manufacturing Prohibited Drugs;
 Maintaining a Drug House; and
 Determination of a Prohibited Drug.
 Civil Infractions Affecting Health and Safety [3 O.C. 309.10].
 Littering;
 Unsightly Areas;
 Depositing Human Waste; and
 Exposure of a Communicable or Infectious Disease.
C. Enforcement. The Oneida Police Department is delegated the authority to investigate complaints
involving civil infractions under this Law, and to issue citations for violations of this Law. [3 O.C.
309.4-3(a)-(b), 309.11-1]. A citation issued for a violation of this Law is required to be processed in
accordance with the process and procedure contained in the Nation’s Citations law. [3 O.C. 309.111(b)]. Once an Oneida Police Department Officer issues a citation, the Trial Court then has jurisdiction
over any action brought under this law. [3 O.C. 309.4-1]. A citation for a violation of this Law and/or
any orders issued pursuant to this Law may include fines and other penalties, as well as conditional
orders made by the Trial Court. [3 O.C. 309.11-1(a)]. All matters decided by the Trial Court shall be
proven by clear and convincing evidence. [3 O.C. 309.4-2]. The Citations law requires that this standard
of proof be used. [8 O.C. 807.6-2(a)]. Clear and convincing evidence means that the person filing the
complaint must provide evidence indicating that the allegation to be proved is highly probable or
reasonably certain. This is a greater burden than “preponderance of the evidence” standard, which is
the standard used in most civil trials, but a lesser burden than “beyond a reasonable doubt” standard,
which is used for criminal trials. The Trial Court is then responsible for determining that a violation of
this Law has occurred, and if so, imposing a penalty on the individual. [3 O.C. 309.11-2].
D. Penalties. Upon a finding by the Trial Court that a violation of this law has occurred, an individual
may be subject to the following penalties:
 Fines. An individual may be ordered to pay a fine as a result of a violation of this law. The Oneida
Business Committee is given the responsibility to adopt through resolution a citation schedule
which sets forth specific fine amounts for violations of this law. [3 O.C. 309.11-2(a)]. The Law
then goes on to provide details as to who fines should be paid to, and the deadline for paying a fine.
[3 O.C. 309.11-2(a)(1)-(2)]. If an individual does not pay his or her fine within the required
timeframe, the Trial Court may seek to collect the money owed through the Nation’s garnishment
and/or per capita attachment process or any other collection process available to the Trial Court. [3
O.C. 309.11-2(a)(3)].
 Community Service. An individual may be ordered to perform community service, which can be
used in lieu of, or in addition to, a fine. [3 O.C. 309.11-2(b)]. The Law then goes on to provide
how community service assignments will be approved, what information the community service
order is required to contain, and how the community service assignment will be monitored. [3 O.C.
309.11-2(b)(1)-(3)].
 Counseling and/or other programs. An individual may be ordered to participate in counseling
and/or any other program relevant and available to the Nation. [3 O.C. 309.11-2(c)].

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Restitution. An individual may be ordered to pay restitution, which may include the repayment of
any improperly received benefit, or any other payment which is intended to make another whole
after suffering losses as a result of the actions of the individual. [3 O.C. 309.11-2(d)]. The Trial
Court is delegated the authority to determine an appropriate amount of restitution to be paid for the
theft or damage of any venerated object, which may be higher than the monetary value of the
venerated object due to its venerated status. [3 O.C. 309.11-2(d)(1)].
 Any other penalty as deemed appropriate by the Trial Court. The Trial Court is given discretion
and flexibility to utilize any other penalty that may be deemed appropriate based on the facts and
details of each specific case. [3 O.C. 309.11-2(e)].
E. Interaction with the Comprehensive Housing Division. An Oneida Police Department officer is
required to provide notice of a citation to the Oneida Law Office attorney assigned to the
Comprehensive Housing Division if the citation was issued to an individual located at a property rented
or leased through the Comprehensive Housing Division. [3 O.C. 309.11-1(c)]. Any information or
reports shared by the Oneida Police Department officer with the Oneida Law Office attorney shall
remain confidential as agreed upon between the Oneida Law Office and the Oneida Police Department
Chief of Police. Id. 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. [3 O.C. 309.11-1(c)(1)]. The purpose of this provision is to
promote communication between the Oneida Police Department and the Comprehensive Housing
Division, and recognize that the Comprehensive Housing Division has its own enforcement
mechanisms, that although separate from the process and procedures contained in this Law, may be
triggered when an individual who they hold lease or rental agreement with violates this Law and
receives a citation. Discretion is given to the Comprehensive Housing Division’s attorney to resolve
housing related enforcement occurring in accordance with this Law despite the confines of any rules
promulgated under relevant housing related laws in an effort to provide more flexibility to the
Comprehensive Housing Division to resolve an issue to the mutual benefit of all parties involved.

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SECTION 6. EXISTING LEGISLATION



A. Related Legislation. The following laws of the Nation are related to this Law:
 Citations law. The Citations law provides a consistent process for handling citations of the Nation
in order to ensure equal and fair treatment to all persons who come before the Judiciary to have
their citations resolved. [8 O.C. 807.1-2]. The Citations law provides how a citation action is started
– such as who has the authority to issue a citation, the requirements of the form of the citation, and
how a citation is served and filed; stipulations for the settlement of a citation; and the citation
hearing procedures. [8 O.C. 807].
 This Law provides that a citation for a violation of this Law shall be processed in
accordance with the procedure contained in the Nation’s laws and policies governing
citations. [3 O.C. 302.10-2]. The Citations law is the Nation’s law governing citations.
 Any citations issued by the Oneida Police Department for a violation of this Law must
comply with the requirements and procedures of the Citations law. [3 O.C. 309.111(b)].
 Garnishment Law. The Garnishment law allows the Nation to exercise its authority to provide an
effective mechanism for creditors to access an employee’s income for reduction of personal debt.

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[2 O.C. 204.1-1]. Garnishment of an individual’s income to collect debt owed to an entity of the
Nation is allowed under the Garnishment law. [2 O.C. 204.6].
 If an official is ordered to pay a fine in accordance with this Law and does not pay
according to the deadline, the Trial Court may seek to collect that fine through the
Nation’s garnishment process. [3 O.C. 309.11-2(a)(3)].
Per Capita Law. The Per Capita law specifies the procedure to be followed in the event that per
capita payments are distributed by the Nation and states the responsibilities of the various Oneida
entities in the distribution or maintenance of any such per capita payments. [1 O.C. 123.1-1]. The
Per Capita law allows per capita payments to be subject to attachment prior to distribution for debt
owed to an Oneida entity. [1 O.C. 123.4-9, 123.4-9(a)(2)].
 If an official is ordered to pay a fine in accordance with this Law and does not pay
according to the deadline, the Trial Court may seek to collect that fine through the
Nation’s per capita attachment process. [3 O.C. 309.11-2(a)(3)].
Leasing Law. The Leasing law sets out the Nation’s authority to issue, review, approve and enforce
leases. [6 O.C. 602.1-1]. The Leasing law delegates all powers necessary and proper to the
Comprehensive Housing Division to enforce the lease terms, the Leasing law and any rules
developed pursuant to the Leasing law. [6 O.C. 602.11-1]. If a lessee or other party causes or
threatens to cause immediate and significant harm to the premises, or undertakes criminal activity
thereon, the Comprehensive Housing Division may take appropriate emergency action, which may
include cancelling the lease and/or securing judicial relief. [6 O.C. 602.11-2].
 If a person commits a civil infraction under this Law, his or her violations of this Law
may be used as a basis of lease enforcement action by the Comprehensive Housing
Division.
Eviction and Termination Law. The Eviction and Termination law provides consistent procedures
relating to the Nation’s rental and leasing programs for terminating a contract and/or evicting an
occupant which affords the applicant due process and protects all parties involved. [6 O.C. 610.11]. The Eviction and Termination law provides that an owner may terminate the contract prior to
the contract term and evict the occupant if the occupant is alleged to have violated any applicable
law or rule of the Nation, or is alleged to have committed one or more nuisance activities. [6 O.C.
610.5-1(b)-(c)].
 If a person commits a civil infraction under this Law, his or her violations of this Law
may be used as a basis of eviction or termination of a contract action by the
Comprehensive Housing Division.

SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS
A. Effect on Existing Rights. An individual who is issued a citation for a violation of this law has due
process protections under the Citations law. The Citations law protects due process rights by:
 Requiring that all citations be properly noticed and served on the defendant, including a notice of
the defendant’s rights and privileges, hearing dates and information [8 O.C. 807.4-3, 807.4-4];
 Ensuring that defendants have the right to contest their citations in the Nation’s Judiciary [8 O.C.
807.6-1];
 Establishing a formal process for stipulations that require defendants to acknowledge that they are
waiving their rights to contest the citation in court and sign a statement that they enter into the
agreement free of duress and coercion [8 O.C. 807.5]; and

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

Providing an opportunity for a defendant to appeal the Trial Court or Family Court’s decision to
the Nation’s Court of Appeals in accordance with the Rules of Appellate Procedure. [8 O.C. 807.63].

SECTION 8. ENFORCEMENT AND ACCOUNTABILITY
A. Enforcement. The Oneida Police Department is delegated enforcement authority under this Law.
 The Oneida Police Department has the authority to investigate complaints involving civil
infractions under this Law, and to issue citations for violations of this Law. [3 O.C. 309.4-3(a)-(b),
309.11-1].
B. Citation Schedule Resolution. The Oneida Business Committee is delegated the authority to adopt
through resolution a citation schedule which sets forth specific fine amounts for violations of this Law.
[3 O.C. 30309.11-2(a)].

315
SECTION 9. OTHER CONSIDERATIONS
316
A. Public Peace Law Citation Schedule. This Law provides that the Oneida Business Committee shall
317
hereby be delegated the authority to adopt through resolution a citation schedule which sets forth
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specific fine amounts for violations of this Law. [3 O.C. 309.11-2(a)]. A citation schedule will need to
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be developed and adopted.
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 Conclusion. The Legislative Operating Committee has worked with the Oneida Law Office and
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Oneida Police Department to develop a citation schedule resolution that will be presented to the
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Oneida Business Committee for consideration at the time the adoption of this Law is considered.
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B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC325
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
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Act,” provides further clarification on who the Legislative Operating Committee may direct complete
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a fiscal impact statement at various stages of the legislative process, as well as timeframes for
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completing the fiscal impact statement.
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 Conclusion. The Legislative Operating Committee will consider directing that a fiscal impact
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statement be completed by the Finance Department for the proposed Law on August 4, 2021.
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~

Oneida Nation
Oneida Business Committee
Legislative Operating Committee

000000

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneid a- nsn.gov

TO:

Cristina Danforth, Treasurer
Lawrence E. Baiton, Chief Financial Officer
~
~
n
Ralinda Ninham-Lamberies, Assistance Chief Financial Officer
David P. Jordan, Legislative Operating Committee Chairman ,
IA5i/ ~
August 4, 2021
Public Peace Law Fiscal Impact Statement

AJ

FROM:
DATE:
RE:

The Legislative Operating Committee (LOC) is cunently developing a Public Peace law. The
Legislative Procedures Act requires that a fiscal impact statement be provided for all proposed
legislation of the Nation. [1 O.C. 109.6-1]. The fiscal impact statement is an estimate of the total
fiscal year financial effects associated with the proposed legislation, and should 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 0. C. 109.3-1 (c)}.
The fiscal impact statement must be completed and submitted to the LOC prior to the proposed
legislation being forwarded to the Oneida Business Committee for consideration. [1 0. C. 109. 62}. The fiscal impact statement provides the Oneida Business Committee information on what the
potential adoption of the proposed legislation will cost the Nation, so that the Oneida Business
Committee can determine if adoption of the proposed legislation is in the best interest of the
Nation.
The Legislative Procedures Act grants the LOC the authority to direct the Finance Depaitment 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
0. C. 109. 6-1}.
Oneida Business Committee resolution BC-I 0-28-20-A titled, "Further Interpretation of 'Fiscal
Impact Statement ' in the Legislative Procedures Act" provides further clarification on the process
for directing a fiscal impact statement be completed. This resolution provides that upon final
approval of draft legislation by the LOC, the LOC may direct the Finance Department to provide
a neutral and unbiased fiscal impact statement to the LOC within ten (10) business days for
inclusion in adoption materials.
On August 4, 2021, the Legislative Operating Committee approved the final draft of the proposed
Public Peace law. Therefore, the LOC is directing the Finance Depaitment to provide a fiscal
impact statement on the proposed Public Peace law by August 18, 2021.

Page 1 of 2

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39 of 71

A copy of the proposed Public Peace law, as well as the legislative analysis, have been attached to
this memorandum for your convenience.
Requested Action
Provide the LOC a fiscal impact statement of the proposed Public Peace law by August 18, 2021.

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

Page 2 of 2

~
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
August 4, 2021

Amendments to the Furlough Law
Submission Date: 10/7/2020

Public Meetings: n/a
Emergency Enacted: n/a
Expires: n/a

LOC Sponsor: Marie Summers

Summary: This item was added to the Active Files List on October 7, 2020 per the request of
the Legislative Operating Committee to develop amendments to the Nation’s Furlough law to
incorporate Indian preference into the selection/recall process and to provide clarity regarding
certain other furlough procedures that were flagged during the COVID-19 pandemic.
10/7/20 LOC: Motion by Jennifer Webster to add the Furlough Law Amendments to the Active Files List
with Marie Summers as the sponsor; seconded by Daniel Guzman King. Motion carried
unanimously.
10/22/20:

Work Meeting. Present: Marie Summers and Kristen Hooker. This was a work meeting held
through Microsoft Teams. The purpose of this work meeting was to discuss the basis for the
Councilwoman’s request to have amendments to the Furlough law added to the Active Files
List. The next step is for the drafting attorney to schedule a meeting with the workgroup that
was created during this meeting to discuss the Councilwoman’s concerns, as well as any other
concerns/suggestions that the workgroup may have.

11/13/20:

Work Meeting. Present: Eric McLester, Barbara Kolitsch, Geraldine Danforth, Kristen
Hooker. This was a work meeting held through Microsoft Teams. The purpose of this work
meeting was to have a general discussion on needed amendments/updates to the Furlough law.
The drafting attorney went through the law line-by-line with the workgroup to flag where they
believed changes were needed. The next step is for the drafting attorney to update the draft
based on the discussion and schedule a follow-up work meeting with the workgroup for review
and further discussion/revision.

1/26/21:

Work Meeting. Present: Eric McLester, Barbara Kolitsch, Geraldine Danforth, Matt Denny,
Wendy Alvarez, Kristen Hooker. This was a work meeting held through Microsoft Teams.
The purpose of this work meeting was to go through the updated draft of the Furlough law
amendments to discuss any areas of concern or in need of further revision before bringing to
the Legislative Operating Committee for review/consideration.

2/3/21:

Work Meeting. Present: David Jordan, Marie Summers, Daniel Guzman-King, Jennifer
Webster, Rhiannon Metoxen, Kristal Hill, Clorissa Santiago, Kristen Hooker. This was a work
meeting held through Microsoft Teams. The purpose of the work meeting was to update the
LOC on discussions had thus far with the workgroup regarding possible amendments to the
Furlough law. The drafting attorney went through the draft line-by-line with the LOC to highlight where the workgroup was proposing amendments and to have the LOC flag additional

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changes it deems necessary. The next steps are for the drafting attorney to: (1) create a bulletpoint of the initial policy decisions the LOC must make before detailed amendments can be
developed in alignment therewith; and (2) schedule a follow-up meeting with the workgroup
and LOC to afford the LOC an opportunity to hear from the workgroup before making said
policy decisions.
2/17/21:

Work Meeting. Present: David Jordan, Jennifer Webster, Kirby Metoxen, Marie Summers,
Rhiannon Metoxen, Kristal Hill, Kristen Hooker, Matthew Denny, Lucy Neville, Wendy
Alvarez, Geraldine Danforth, Eric McLester (left early). This was a work meeting held
through Microsoft Teams. The purpose of the work meeting was to give LOC an opportunity
to hear from the workgroup regarding amendments to the Furlough law. The goal of the
meeting was to provide the LOC enough information to make certain policy decisions that are
necessary to develop amendments to the law in alignment therewith. The next step is for the
drafting attorney to compile the information/suggestions provided during the meeting and to
present the compilation to the LOC at a future work meeting for further directive.

2/25/21:

Work Meeting. Present: Marie Summers, Kirby Metoxen, Daniel Guzman-King, Jennifer
Webster, Kristal Hill, Clorissa Santiago, Kristen Hooker. This was a work meeting held
through Microsoft Teams. This work meeting was held in follow-up to the February 17, 2021
work meeting the LOC had with the Workgroup regarding possible amendments to the
Furlough law. The purpose of this work meeting was to get directive from the LOC regarding
the policy questions that were discussed on February 17th. The next step is for the drafting
attorney to update the draft amendments to be consistent with the LOC’s directive and to bring
the updated draft back to a future LOC meeting for review and further revision.

4/9/21:

Work Meeting. Present: David Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman-King, Rhiannon Metoxen, Kristal Hill, Kristen Hooker. This was a work
meeting held through Microsoft Teams. The purpose of this work meeting was to start going
through the updated draft amendments

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A958aedc4b52bee65. Public record. Not legal advice.