Oneida Business Committee (2021)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

September 1, 2021

9:00 a.m.

This Legislative Operating Committee meeting will be closed to the public in accordance with Oneida

Business Committee resolution BC-08-03-21-A, Setting Public Gathering Guidelines During Public

Health State of Emergency - COVID-19.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. August 18, 2021 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Public Peace Law (pg. 4)

2. Oneida General Welfare Law Amendments (pg. 55)

IV.

New Submissions

1. Disability Find Policy Amendments (pg. 68)

Additions

VI.

Administrative Updates

1. Certification of Leasing Law Rule No. 5 – Tribal Housing Reacquisition of Individual Fee

and Trust Title (THRIFTT) (pg. 69)

2. Certification of amendments to Leasing Law Rule No. 6 – Homeownership by Independent

Purchase Program (HIPP) (pg. 111)

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

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

August 18, 2021

9:00 a.m.

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

Excused: Jennifer Webster

Others Present: Clorissa N. Santiago, Kristen Hooker, Lawrence Barton, Shannon Davis, Justin

Nishimoto (Microsoft Teams), Eric Boulanger (Microsoft Teams), Geraldine Danforth (Microsoft

Teams), Nic Reynolds (Microsoft Teams), Kristal Hill (Microsoft Teams), Rhiannon Metoxen

(Microsoft Teams), Lorna Skenandore (Microsoft Teams), Wendy Alvarez (Microsoft Teams)

Call to Order and Approval of the Agenda

David P. Jordan called the August 18, 2021, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Marie Summers to adopt the agenda as is; seconded by Kirby Metoxen. Motion

carried unanimously.

II.

Minutes to be Approved

1. August 4, 2021 LOC Meeting Minutes

Motion by Marie Summers to approve the minutes of August 4, 2021 and forward to the

Oneida Business Committee; seconded by Kirby Metoxen. Motion carried.

III.

Current Business

1. Furlough Law Amendments

Motion by Kirby Metoxen to approve the draft amendments to the Furlough law and

legislative analysis and defer to a work meeting; seconded by Daniel Guzman King.

Motion carried unanimously.

2. Local Land Use Regulation Reimbursement Policy Repeal

Motion by Kirby Metoxen to approve the Local Land Use Regulation Reimbursement

Policy Repeal legislative analysis and public meeting notice, and tentatively schedule a

public meeting for the repeal of the Local Land Use Regulation Reimbursement Policy to

be held on September 9, 2021; seconded by Marie Summers. Daniel Guzman King

abstained. Motion carried.

IV.

New Submissions

1. Fire Signs Law

Motion by Marie Summers to add the Fire Signs law to the Active Files List with David

Jordan as the sponsor; seconded by Kirby Metoxen. Motion carried unanimously.

A good mind. A good heart. A strong fi re.

Legislative Operating Committee Meeting Minutes of August 18, 2021

Page 1 of 2

ONEIDA

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2. Personnel Policies and Procedures Amendments – Revision of HRD Manager

Title

Motion by Marie Summers to accept the information provided in the request as FYI;

seconded by Kirby Metoxen. Motion carried unanimously.

3. Workplace Violence Law Amendments

Motion by Kirby Metoxen to accept the information provided in the request as FYI;

seconded by Marie Summers. Motion carried unanimously.

4. Personnel Policies and Procedures Amendments – Selection Policy

Motion by Marie Summers to accept for emergency LOC process with Marie Summers as

the sponsor; seconded by Kirby Metoxen. Motion carried unanimously.

Additions

VI.

Administrative Items

1. Legislative Operating Committee FY21 Third Quarter Report

Motion by Marie Summers to approve the LOC FY21 Third Quarter Report and forward

to the Oneida Business Committee; seconded by Daniel Guzman King. Motion carried

unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Daniel Guzman King to adjourn at 9:35 a.m.; seconded by Marie Summers.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of August 18, 2021

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOD=

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

September 1, 2021

Public Peace Law

Submission Date: 12/7/16

Public Meeting: Due to the COVID-19 pandemic,

LOC Sponsor: Jennifer Webster

Emergency Enacted: n/a

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.

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

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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

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

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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.

8/4/21 LOC:

Motion by Jennifer Webster to 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; seconded by

Kirby Metoxen. Motion carried unanimously.

8/17/21:

Fiscal Impact Statement. The fiscal impact statement was received from the Finance

Administration and had an indeterminate conclusion.

8/18/21:

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

King, Clorissa N. Santiago, Kristen Hooker, Rhiannon Metoxen. This was a work meeting

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

handle comments that recently came from the Division Director of the Public Works Division

(which includes the Comprehensive Housing Division) and the Oneida Law Office attorney

assigned to the Comprehensive Housing Division. Attorney will update the draft based on the

LOC’s decisions and prepare an adoption packet for the next LOC meeting.

8/26/21:

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

King, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Rhiannon Metoxen. This was a

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

the final draft of the Public Peace Law Citations Schedule resolution.

Next Steps:

 Approve the Public Peace law adoption packet, with updated materials, and forward to the

Oneida Business Committee for consideration.

 Approve the “Public Peace Law Citations Schedule Resolution” and statement of effect and

forward to the Oneida Business Committee for consideration.

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

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Title 3. Health & Public Safety - Chapter 309

PUBLIC PEACE

309.1. Purpose and Policy

309.2. Adoption, Amendment, Repeal

309.3. Definitions

309.4. Jurisdiction and Authority

309.5. Civil Infractions Against Property

309.6. Civil Infractions Against the Peace

309.7. Civil Infractions Against Government

309.8. Civil Infractions Against the Person

309.9. Civil Infractions Involving Alcohol, Tobacco, and Drugs

309.10. Civil Infractions Affecting Health and Safety

309.11. Enforcement and Penalties

309.1. Purpose and Policy

309.1-1. Purpose. The purpose of this law is to set forth community standards and expectations

which preserve the peace, harmony, safety, health, and general welfare of individuals who live

within the boundaries of the Reservation.

309.1-2. Policy. It is the policy of the Nation to promote peace and order within the boundaries of

the Reservation while also providing an orderly process for addressing civil infractions that occur.

309.2. Adoption, Amendment, Repeal

309.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.

309.2-2. This law may be amended or repealed by the Oneida Business Committee or General

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

309.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

309.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

309.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

309.3. Definitions

309.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Adult at risk” means any adult who has a physical or mental condition that

substantially impairs his or her ability to care for his or her needs and who has experienced,

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

financial exploitation.

(b) “Alcohol beverage” means a fermented malt beverage and any intoxicating liquor.

condition.

(d) “Child” means a person who has not attained the age of eighteen (18) years.

(e) “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective

of size, shape and irrespective of the tobacco being flavored, adulterated, or mixed with

any other ingredient, where such roll has a wrapper or cover made of paper or any material,

except where such wrapper is wholly or in the greater part made of natural leaf tobacco in

its natural state.

(f) “Drug paraphernalia” means any equipment, product, object or container used or

intended for use to cultivate, plant, maintain, manufacture, package or store a prohibited

3. O.C. 309 – Page 1

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

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

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

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

exploitation.

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

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

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

that is prescribed by a healthcare professional.

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

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

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

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

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

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

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

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

substance into the body.

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

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

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

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

(m) “Litter” means all rubbish, waste materials refuse, garbage, trash debris, or other

foreign substances, solid, liquid, or every form, size, and kind.

(n) “Merchant” means a person who deals in goods of the kind or otherwise by his or her

occupation holds himself or herself out as having knowledge or skill peculiar to the

practices or goods involved in the transaction or to whom such knowledge or skill may be

attributed by his or her employment of an agent or broker or other intermediary who by his

or her occupation holds himself or herself out as having such knowledge or skill.

(o) “Nation” means the Oneida Nation.

(p) “Official” means any person who is elected or appointed to serve a position for the

Nation, including, but not limited to, a position on a board, committee, commission, or

office of the Nation, including the Oneida Business Committee and Judiciary.

(q) “Pecuniary loss” means a loss of money, or of something by which money or of value

may be acquired.

(r) “Prohibited drug” means marijuana, cocaine, opiates, amphetamines, phencyclidine

(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substance

included in Schedules I through V, as defined by Section 812 of Title 21 of the United

States Code. Prohibited drugs also includes prescription medication or over-the-counter

medicine used in an unauthorized or unlawful manner.

(s) “Recklessly” mean a person acts recklessly, or is reckless, with respect to circumstance

surrounding his or her conduct, or the result of his or her conduct when he or she is aware

of, but consciously disregards a substantial and unjustifiable risk that the circumstances

exist or the result will occur. The risk must be of such a nature and degree that its disregard

constitutes a gross deviation from the standard of care that an ordinary person would

exercise under all the circumstances as viewed from the person’s standpoint.

3. O.C. 309 – Page 2

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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:

3. O.C. 309 – Page 3

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

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

inconvenience to the owner or a third person;

of the owner; 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;

merchant;

(d) intentionally conceals merchandise held for resale by a merchant or property of a

merchant;

(e) intentionally retains possession of merchandise held for resale by a merchant or

property of a merchant;

(f) while anywhere in the merchant's premises, intentionally removes a theft detection

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

(g) uses, or possesses with intent to use, a theft detection shielding device to shield

merchandise held for resale by a merchant or property of merchant from being detected by

an electronic or magnetic theft alarm sensor; or

3. O.C. 309 – Page 4

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

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

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

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

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

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

is warranted is the fact that the person:

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

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

or herself or any object; or

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

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

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

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

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

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

(b) withholds information by misrepresentation or deceit; or

substitutes or otherwise impairs the verity, legibility, or availability of a writing.

309.5-8. Negligent Handling of Burning Material. A person commits the civil infraction of

negligent handling of burning material if he or she handles burning material in a highly negligent

manner in which the person should realize that a substantial and unreasonable risk of serious

damage to another person or another’s property is created.

309.6. Civil Infractions Against the Peace

309.6-1. Disorderly Conduct. A person commits the civil infraction of disorderly conduct if he

or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise

disorderly conduct under circumstances in which the conduct tends to cause or provoke a

disturbance. A civil infraction of disorderly conduct may include, but is not limited to, the

following behaviors:

(a) fights with another person within the boundaries of the Reservation;

(b) discharges a firearm or air gun that is prohibited;

may annoy or disturb a person of ordinary sensibilities;

(1) Between the hours of 10:00 p.m. and 6:00 a.m. any excessive noise shall be

prohibited.

(d) abuses or threatens a person on Tribal property 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

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

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

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

highway, park, playground or other public place.

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

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

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

the Reservation in such manner as to:

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

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

any church, public building or meeting place; or

vehicles.

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

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

time as to:

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

public;

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

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

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

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

or rental agreement.

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

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

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

of his or her official duties;

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

or detain him or her; or

309.7. Civil Infractions Against Government

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

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

3. O.C. 309 – Page 6

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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;

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;

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

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

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

discharging an official duty.

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

alarm, abuse, or torment another he or she:

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

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

request, suggestion or proposal that is obscene or false;

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

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

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

property;

3. O.C. 309 – Page 7

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

or serious bodily harm;

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

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

torment, or offend another;

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

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

(f) intentionally subjects another to sexual harassment.

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

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

(a) physical abuse;

(b) emotional abuse;

(d) unreasonable confinement or restraint;

(e) financial exploitation; 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;

card; or

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

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

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

identification card or documentation is false.

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

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

drug paraphernalia.

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

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

or drug paraphernalia.

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

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

distribution or manufacture of a prohibited drug.

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

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

field testing practices.

309.10. Civil Infractions Affecting Health and Safety

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

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

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

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

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

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

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

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

into a septic or sanitary sewer system.

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

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

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

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

3. O.C. 309 – Page 9

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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.

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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service assignment;

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

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

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

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

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

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

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

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

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

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

End.

Adopted – BC-__-__-__-__

3. O.C. 309 – Page 11

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Oneida Nation

=DODDOD=

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Oneida Business Committee

David P. Jordan, LOC Chairperson

September 8, 2021

Adoption of the Public Peace Law

Please find the following attached backup documentation for your consideration of the adoption

of the Public Peace law:

Resolution: Adoption of the Public Peace Law

Statement of Effect: Adoption of the Public Peace Law

Public Peace Law Legislative Analysis

Public Peace Law

Public Peace Law Fiscal Impact Statement

Overview

On October 7, 2020, the Legislative Operating Committee added the Public Peace law to its Active

Files List. The Public Peace law had been carried over from the last two (2) Legislative Operating

Committee terms, with it originally added to the Active Files List in December 2016. The purpose

of the Public Peace law is to set forth community standards and expectations which preserve the

peace, harmony, safety, health, and general welfare of individuals who live within the boundaries

of the Reservation. [1 O.C. 309.1-1].

This resolution adopts the Public Peace law which will:

 Delegate jurisdiction to the Trial Court for any action brought under this law [3 O.C. 309.41];

 Delegate authority to the Oneida Police Department to investigate complaints involving

civil infractions under this law and issue citations for violations of this law [3 O.C. 309.43];

 Prohibit a person from committing a civil infraction under this law [3 O.C. 309.4-4];

 Provide the various civil infractions including:

 Civil infractions against property [3 O.C. 309.5];

 Civil infractions against the peace [3 O.C. 309.6];

 Civil infractions against government [3 O.C. 309.7];

 Civil infractions against the person [3 O.C. 309.8];

 Civil infractions involving alcohol, tobacco, and drugs [3 O.C. 309.9]; and

 Civil Infractions affecting health and safety [3 O.C. 309.10];

 Provide that a citation for a violation of this law shall be processed in accordance with the

procedure contained in the Nation’s laws and policies governing citations [3 O.C. 309.111(b)];

 Require that an Oneida Police Department officer provide notice to the Oneida Law Office

attorney assigned to the Comprehensive Housing Division of any citation issued to an

Page 1 of 2

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

19 of 155



individual located at a property rented or leased through the Comprehensive Housing

Division [3 O.C. 309.11-1(c)]; and

Provide various penalties to be utilized by the Trial Court upon a finding that a violation

of this law has occurred, including:

 Fines [3 O.C. 309.11-2(a)];

 Community service [3 O.C. 309.11-2(b)];

 Counseling and/or other programs [3 O.C. 309.11-2(c)];

 Restitution [3 O.C. 309.11-2(d)]; and/or

 Any other penalty as deemed appropriate by the Trial Court [3 O.C. 309.11-2(e)].

The Legislative Operating Committee developed the Public Peace law through collaboration with

representatives from the Oneida Business Committee, Oneida Law Office, Oneida Police

Department, Strategic Planner, Tribal Action Plan (TAP), and the Comprehensive Housing

Division. The Legislative Operating Committee held twelve (12) work meetings on the

development of this law.

A public meeting, in accordance with the Legislative Procedures Act, was not held for the proposed

Public Peace law due to the COVID-19 pandemic. On March 12, 2020, Chairman Tehassi Hill

signed a “Declaration of Public Health State of Emergency” regarding the COVID-19 pandemic

which declared a Public Health State of Emergency for the Nation until April 12, 2020, and set

into place the necessary authority for action to be taken and allows the Nation to seek

reimbursement of emergency management actions that may result in unexpected expenses. The

Public Health State of Emergency has since been extended until September 26, 2021, by the

Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC-05-06-20A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-1110-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A,

BC-06-23-21-B, and BC-07-28-21-N.

On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension

of Public Meetings under the Legislative Procedures Act” declaration which suspended the

Legislative Procedures Act's requirement to hold a public meeting during the public comment

period, but allows members of the community to still participate in the legislative process by

submitting written comments, questions, data, or input on proposed legislation to the Legislative

Operating Committee via e-mail during the public comment period.

Although no public meeting for the proposed Public Peace law was held in person, the public

comment period was still held open until June 9, 2021, for the submission of written comments.

Six (6) individuals submitted written comments during the public comment period. All public

comments received were reviewed and considered by the Legislative Operating Committee on July

7, 2021, and July 13, 2021.

Requested Action

Adopt the Resolution: Adoption of the Public Peace Law

Page 2 of 2

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

ONEIDA

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # _____________

Adoption of the Public Peace Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the purpose of the Public Peace law (“the Law”) is to set forth community standards and

expectations which preserve the peace, harmony, safety, health, and general welfare of

individuals who live within the boundaries of the Reservation; and

WHEREAS,

the Law delegates jurisdiction to the Trial Court for any action brought under this Law; and

WHEREAS,

the Law delegates authority to the Oneida Police Department to investigate complaints

involving civil infractions under this Law and issue citations for violations of this Law; and

WHEREAS,

the Law prohibits a person from committing a civil infraction under this Law; and

WHEREAS,

the Law provides the various civil infractions including:

• Civil infractions against property;

• Civil infractions against the peace;

• Civil infractions against government;

• Civil infractions against the person;

• Civil infractions involving alcohol, tobacco, and drugs;

• Civil Infractions affecting health and safety; and

WHEREAS,

the Law provides that a citation for a violation of this Law shall be processed in accordance

with the procedure contained in the Nation’s laws and policies governing citations, which

is currently the Citations law; and

WHEREAS,

the Law requires that an Oneida Police Department officer provide notice to the Oneida

Law Office attorney assigned to the Comprehensive Housing Division of any citation issued

to an individual located at a property rented or leased through the Comprehensive Housing

Division; and

WHEREAS,

the Law provides the various penalties to be utilized by the Trial Court upon a finding that

a violation of this Law has occurred, including fines, community service, participation in

counseling and/or other programs, restitution, and/or any other penalty as deemed

appropriate by the Trial Court; and

21 of 155

BC Resolution # _______

Adoption of the Public Peace Law

Page 2 of 2

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were developed for this Law; and

WHEREAS,

a public meeting on this proposed Law was not held in accordance with the Legislative

Procedures Act due to the COVID-19 pandemic; and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19 which declared a Public Health State of Emergency for

the Nation until April 12, 2020, which was then subsequently extended through September

26, 2021, by the Oneida Business Committee through the adoption of resolutions BC-0328-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, and BC-07-28-21-N; and

WHEREAS,

on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during

the public comment period for the duration of the Public Health State of Emergency, but

allows members of the community to still participate in the legislative process by submitting

written comments, questions, data, or input on proposed legislation to the Legislative

Operating Committee via e-mail during the public comment period; and

WHEREAS,

although a public meeting was not held for this proposed Law, the public comment period

for this Law was held open until June 9, 2021, and six (6) individuals submitted written

comments during the public comment period; and

WHEREAS,

the Legislative Operating Committee accepted, reviewed, and considered all public

comments received on July 7, 2021, and July 13, 2021; and

NOW THEREFORE BE IT RESOLVED, that the Public Peace law is hereby adopted and shall become

effective on September 22, 2021.

22 of 155

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Adoption of the Public Peace Law

Summary

This resolution adopts the Public Peace law.

Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office

Date: August 27, 2021

Analysis by the Legislative Reference Office

This resolution adopts the Public Peace law. The purpose of the Public Peace law is to set forth

community standards and expectations which preserve the peace, harmony, safety, health, and

general welfare of individuals who live within the boundaries of the Reservation. [1 O.C. 309.11].

This resolution adopts the Public Peace law which will:

 Delegate jurisdiction to the Trial Court for any action brought under this law [3 O.C. 309.41];

 Delegate authority to the Oneida Police Department to investigate complaints involving

civil infractions under this law and issue citations for violations of this law [3 O.C. 309.43];

 Prohibit a person from committing a civil infraction under this law [3 O.C. 309.4-4];

 Provide the various civil infractions including:

 Civil infractions against property [3 O.C. 309.5];

 Civil infractions against the peace [3 O.C. 309.6];

 Civil infractions against government [3 O.C. 309.7];

 Civil infractions against the person [3 O.C. 309.8];

 Civil infractions involving alcohol, tobacco, and drugs [3 O.C. 309.9]; and

 Civil Infractions affecting health and safety [3 O.C. 309.10];

 Provide that a citation for a violation of this law shall be processed in accordance with the

procedure contained in the Nation’s laws and policies governing citations [3 O.C. 309.111(b)];

 Require that an Oneida Police Department officer provide notice to the Oneida Law Office

attorney assigned to the Comprehensive Housing Division of any citation issued to an

individual located at a property rented or leased through the Comprehensive Housing

Division [3 O.C. 309.11-1(c)]; and

 Provide various penalties to be utilized by the Trial Court upon a finding that a violation

of this law has occurred, including:

 Fines [3 O.C. 309.11-2(a)];

 Community service [3 O.C. 309.11-2(b)];

 Counseling and/or other programs [3 O.C. 309.11-2(c)];

 Restitution [3 O.C. 309.11-2(d)]; and/or

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 Any other penalty as deemed appropriate by the Trial Court [3 O.C. 309.11-2(e)].

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the

purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.

109.1-1]. The LPA requires that for all proposed legislation both a legislative and fiscal analysis

be developed. [1 O.C. 109.6 and 109.7]. The proposed Public Peace law complies with these

requirements.

The LPA also requires that there be an opportunity for public review during a public meeting and

public comment period. [1 O.C. 109.8]. A public meeting for the proposed Public Peace law was

not held due to the COVID-19 pandemic. In accordance with the Emergency Management and

Homeland Security law, on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of

Public Health State of Emergency” regarding COVID-19 which declared a Public Health State of

Emergency for the Nation until April 12, 2020. [3 O.C. 302.8-1]. The Public Health State of

Emergency for the Nation has since been extended until September 26, 2021, by the Oneida

Business Committee through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A, BC-0623-21-B, and BC-07-28-21-N.

On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension

of Public Meetings under the Legislative Procedures Act” declaration which suspended the

Legislative Procedures Act's requirement to hold a public meeting during the public comment

period, but allows members of the community to still participate in the legislative process by

submitting written comments, questions, data, or input on proposed legislation to the Legislative

Operating Committee via e-mail during the public comment period.

Although a public meeting for the proposed Public Peace law was not held, the public comment

period was still held open until June 9, 2021. The Legislative Operating Committee reviewed and

considered the public comments that were received on July 7, 2021, and July 13, 2021.

Adoption of this resolution complies with the process and procedures of the LPA as it has been

modified by the COVID-19 Team’s “Suspension of Public Meetings under the Legislative

Procedures Act” declaration.

This resolution provides that the Public Peace law would become effective on September 22, 2021,

in accordance with the LPA. [1 O.C. 109.9-3].

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws, as it complies with

the Legislative Procedures Act as it has been modified by the COVID-19 Core Decision Making

Team’s “Suspension of Public Meetings under the Legislative Procedures Act” declaration.

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PUBLIC PEACE LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed

Law

Purpose

Affected

Entities

Legislation

Public

Meeting

Fiscal Impact

Analysis by the Legislative Reference Office

 Delegate jurisdiction to the Trial Court for any action brought under this law [3 O.C.

309.4-1];

 Delegate authority to the Oneida Police Department to investigate complaints

involving civil infractions under this law and issue citations for violations of this law

[3 O.C. 309.4-3];

 Prohibit a person from committing a civil infraction under this law [3 O.C. 309.4-4];

 Provide the various civil infractions including:

 Civil infractions against property [3 O.C. 309.5];

 Civil infractions against the peace [3 O.C. 309.6];

 Civil infractions against government [3 O.C. 309.7];

 Civil infractions against the person [3 O.C. 309.8];

 Civil infractions involving alcohol, tobacco, and drugs [3 O.C. 309.9]; and

 Civil Infractions affecting health and safety [3 O.C. 309.10];

 Provide that a citation for a violation of this law shall be processed in accordance with

the procedure contained in the Nation’s laws and policies governing citations [3 O.C.

309.11-1(b)];

 Require that an Oneida Police Department officer provide notice to the Oneida Law

Office attorney assigned to the Comprehensive Housing Division of any citation

issued to an individual located at a property rented or leased through the

Comprehensive Housing Division [3 O.C. 309.11-1(c)]; and

 Provide various penalties to be utilized by the Trial Court upon a finding that a

violation of this law has occurred, including:

 Fines [3 O.C. 309.11-2(a)];

 Community service [3 O.C. 309.11-2(b)];

 Counseling and/or other programs [3 O.C. 309.11-2(c)];

 Restitution [3 O.C. 309.11-2(d)]; and/or

 Any other penalty as deemed appropriate by the Trial Court [3 O.C. 309.112(e)].

To set forth community standards and expectations which preserve the peace, harmony,

safety, health, and general welfare of individuals who live within the boundaries of the

Reservation. [1 O.C. 309.1-1].

Oneida Nation Judiciary, Oneida Police Department, Oneida Law Office, Comprehensive

Housing Division.

Citations law, Per Capita law, Garnishment law, Eviction and Termination law, Leasing

law.

A public comment period was held open until June 9, 2021. A public meeting was not

held in accordance with the Nation’s COVID-19 Core Decision Making Team’s

declaration titled, “Suspension of Public Meetings under the Legislative Procedures Act.”

A fiscal impact statement was provided by the Finance Department on August 17, 2021.

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SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The request for the Legislative Operating Committee to develop and adopt a Public Peace

law (“the Law”) was originally submitted on December 7, 2016. On October 26, 2016, the Oneida

Police Commission, in its quarterly report to the Oneida Business Committee, made a recommendation

to develop a Public Peace law in an effort to exercise the Nation’s sovereignty and jurisdiction. This

recommendation was made based on input received during a community meeting held in Site 2 by the

Oneida Police Department and Oneida Housing Authority due to a homicide investigation. The Oneida

Business Committee then forwarded this request to the LOC who originally placed this item on the

Active Files List in December 2016. The purpose of developing a Public Peace law would be to address

community issues such as trespassing, damage to property, noise nuisances, and loitering.

B. On October 7, 2020, the Legislative Operating Committee added the Public Peace law to its Active

Files List with Jennifer Webster as the sponsor. This item had been carried over from the last two (2)

Legislative Operating Committee terms. Since that time, a work group of representatives from the

Oneida Police Department, Oneida Law Office, Tribal Action Plan (TAP), Comprehensive Housing

Division, and the Oneida Business Committee has met to work on the development of the Law.

C. On November 13, 2020, the LOC received a request from Vice Chairman Brandon Stevens to develop

a Nuisance law on an emergency basis. Vice Chairman Stevens provided that he would like a Nuisance

law developed on an emergency basis to preserve the welfare of the community from homes that are

suspected drug houses. He also provided that currently the Comprehensive Housing Division and the

Oneida Police Department have little authority over some homes on the Reservation, especially

conveyed homes, and he would like to see that changed. The Legislative Operating Committee denied

the request to develop a Nuisance law because the Legislative Operating Committee already had the

development of a Public Peace law on its Active Files List, and the Public Peace law would address the

social issues the request for a Nuisance law identified.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments of the Nation participated in the development of this

Law and legislative analysis:

 Oneida Business Committee;

 Oneida Law Office;

 Oneida Police Department;

 Strategic Planner;

 Tribal Action Plan (TAP); and

 Comprehensive Housing Division.

B. The following laws of the Nation were reviewed in the drafting of this analysis:

 Citations law;

 Per Capita law;

 Garnishment law;

 Oneida Judiciary Rules of Civil Procedure;

 Real Property law;

 Leasing law;

 Eviction and Termination law; and

 Zoning and Shoreland Protection law.

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C. The following laws and ordinances from other States, municipalities, and Tribes were reviewed in the

drafting of this Law and analysis:

 Ysleta del Sur Pueblo Peace Code;

 Stockbridge-Munsee Public Peace and Good Order Ordinance;

 Saginaw Chippewa Public Nuisance Order;

 Rincon Band of Luiseno Mission Indians Peace and Security Ordinance;

 Ho-Chunk Nation Public Nuisance Act;

 Village of Hobart Peace and Good Order Law;

 Green Bay Public Peace and Good Order Ordinance;

 Green Bay Public Nuisance Ordinance;

 Brown County Offenses Against Public Peace and Safety; and

 Relevant State of Wisconsin statutes.

D. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic

of COVID-19. The COVID-19 outbreak originated in Wuhan, China and has spread to many other

countries throughout the world, including the United States. The COVID-19 pandemic has resulted in

high rates of infection and mortality, as well as vast economic impacts including effects on the stock

market and the closing of all non-essential businesses. A public meeting for this proposed Law will not

be held due to the COVID-19 pandemic, but a public comment period for the submission of written

comments will be held open until June 9. 2021.

 Declaration of a Public Health State of Emergency.

 On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State

of Emergency” regarding the COVID-19 pandemic which declared a Public Health State

of Emergency for the Nation until April 12, 2020, and set into place the necessary authority

for action to be taken and allows the Nation to seek reimbursement of emergency

management actions that may result in unexpected expenses.

 The Public Health State of Emergency has since been extended until September 26, 2021,

by the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A,

BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-0310-21-D, BC-05-12-21-A, BC-06-23-21-B, and BC-07-28-21-N.

 COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the

Legislative Procedures Act.

 On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during

the public comment period, but allows members of the community to still participate in the

legislative process by submitting written comments, questions, data, or input on proposed

legislation to the Legislative Operating Committee via e-mail during the public comment

period.

 Although a public meeting was not held on the proposed Law, a public comment period

was still held open until June 9, 2021, in accordance with the Legislative Procedures Act

and the COVID-19 Core Decision Making Team’s “Suspension of Public Meetings under

the Legislative Procedures Act” declaration.

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SECTION 4. PROCESS

A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).

 On October 7, 2020, the Legislative Operating Committee added the Public Peace law to its

Active Files List.

 On April 21, 2021, the Legislative Operating Committee approved the draft and legislative

analysis for this Law.

 On May 5, 2021, the Legislative Operating Committee scheduled a public comment period to

be held for this proposed Law.

 The public comment period for this proposed Law was held open until June 9, 2021.

 On July 7, 2021, the Legislative Operating Committee accepted the public comments that were

received for this legislative item and deferred this item to a work meeting for consideration.

 On July 7, 2021 and July 13, 2021, the Legislative Operating Committee reviewed and

considered the public comments that were received.

 On August 4, 2021, the Legislative Operating Committee approved the final draft of the

proposed Law and directed the Finance Department to complete a fiscal impact statement.

 On August 17, 2021, the fiscal impact statement was received from the Finance Department.

B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of this Law:

 December 16, 2020: LOC work meeting held with representatives from the Oneida Police

Department, TAP, Comprehensive Housing Division, and Oneida Business Committee.

 January 15, 2021: LOC work meeting held with representatives from the Oneida Police

Department, TAP, Comprehensive Housing Division, Oneida Law Office, Oneida Business

Committee, and Strategic Planner.

 January 28, 2021: LOC work meeting.

 February 11, 2021: LOC work meeting.

 March 17, 2021: LOC work meeting held with representatives from the Oneida Police

Department, TAP, Comprehensive Housing Division, Oneida Law Office, and Oneida

Business Committee.

 April 7, 2021: LOC work meeting held with representatives from the Oneida Police

Department, TAP, Comprehensive Housing Division, Oneida Law Office, and Oneida

Business Committee.

 July 7, 2021: LOC work meeting.

 July 7, 2021: LOC work meeting held with representatives from the Oneida Police Department.

 July 13, 2021: LOC work meeting.

 July 21, 2021: LOC work meeting held with representatives from the Oneida Police

Department and Oneida Law Office.

 July 29, 2021: Work meeting with the Oneida Law Office.

 August 18, 2021: LOC work meeting.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Intent of the Law. The purpose of this Law is to set forth community standards and expectations which

preserve the peace, harmony, safety, health, and general welfare of individuals who live within the

boundaries of the Reservation. [3 O.C. 309.1-1]. It is the policy of the Nation to promote peace and

order within the boundaries of the Reservation while also providing an orderly process for addressing

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civil infractions that occur. [3 O.C. 309.1-2]. The Legislative Operating Committee was motivated to

develop this Law after hearing concerns from fellow Oneida Business Committee councilmembers and

members of the community regarding issues and problems occurring in neighborhoods throughout the

Reservation.

B. Prohibition of Civil Infractions. This Law prohibits a person from committing a civil infraction. [3

O.C. 309.4-4]. The Law then goes on to provide details on what constitutes various civil infractions

and organizes each civil infraction into different categories. The following constitutes the organization

of the civil infractions:

 Civil Infractions Against Property [3 O.C. 309.5].

 Damage to Property;

 Reckless Damage or Destruction;

 Trespass;

 Theft;

 Retail Theft;

 Loitering;

 Fraud; and

 Negligent Handling of Burning Material.

 Civil Infractions Against the Peace [3 O.C. 309.6].

 Disorderly Conduct;

 Carrying a Prohibited Weapon;

 Gang Related Activity;

 Throwing or Shooting Projectiles;

 Obstructing Streets and Sidewalks;

 Nuisance;

 Maintaining a Chronic Nuisance House; and

 Interfering with Lawful Arrest or Resisting Arrest.

 Civil Infractions Against Government [3 O.C. 309.7].

 Disrupting a Meeting or Government Function;

 Breach of Confidentiality; and

 Threatening an Official.

 Civil Infractions Against the Person [3 O.C. 309.8].

 Assault;

 Harassment;

 Abuse of Individuals at Risk; and

 Truancy.

 Civil Infractions Involving Alcohol, Tobacco, and Drugs [3 O.C. 309.9].

 Public Intoxication;

 Unauthorized Alcohol Beverage;

 Underage Possession of Alcohol;

 Furnishing Alcohol Beverages to Minors;

 Underage Possession of Tobacco;

 Furnishing Tobacco to Minors;

 Misrepresentation of Identification Card;

 Possession of Prohibited Drugs;

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 Manufacturing Prohibited Drugs;

 Maintaining a Drug House; and

 Determination of a Prohibited Drug.

 Civil Infractions Affecting Health and Safety [3 O.C. 309.10].

 Littering;

 Unsightly Areas;

 Depositing Human Waste; and

 Exposure of a Communicable or Infectious Disease.

C. Enforcement. The Oneida Police Department is delegated the authority to investigate complaints

involving civil infractions under this Law, and to issue citations for violations of this Law. [3 O.C.

309.4-3(a)-(b), 309.11-1]. A citation issued for a violation of this Law is required to be processed in

accordance with the process and procedure contained in the Nation’s Citations law. [3 O.C. 309.111(b)]. Once an Oneida Police Department Officer issues a citation, the Trial Court then has jurisdiction

over any action brought under this Law. [3 O.C. 309.4-1]. A citation for a violation of this Law and/or

any orders issued pursuant to this Law may include fines and other penalties, as well as conditional

orders made by the Trial Court. [3 O.C. 309.11-1(a)]. All matters decided by the Trial Court shall be

proven by clear and convincing evidence. [3 O.C. 309.4-2]. The Citations law requires that this standard

of proof be used. [8 O.C. 807.6-2(a)]. Clear and convincing evidence means that the person filing the

complaint must provide evidence indicating that the allegation to be proved is highly probable or

reasonably certain. This is a greater burden than “preponderance of the evidence” standard, which is

the standard used in most civil trials, but a lesser burden than “beyond a reasonable doubt” standard,

which is used for criminal trials. The Trial Court is then responsible for determining that a violation of

this Law has occurred, and if so, imposing a penalty on the individual. [3 O.C. 309.11-2].

D. Penalties. Upon a finding by the Trial Court that a violation of this Law has occurred, an individual

may be subject to the following penalties:

 Fines. An individual may be ordered to pay a fine as a result of a violation of this Law. The Oneida

Business Committee is given the responsibility to adopt through resolution a citation schedule

which sets forth specific fine amounts for violations of this Law. [3 O.C. 309.11-2(a)]. The Law

then goes on to provide details as to who fines should be paid to, and the deadline for paying a fine.

[3 O.C. 309.11-2(a)(1)-(2)]. If an individual does not pay his or her fine within the required

timeframe, the Trial Court may seek to collect the money owed through the Nation’s garnishment

and/or per capita attachment process or any other collection process available to the Trial Court. [3

O.C. 309.11-2(a)(3)].

 Community Service. An individual may be ordered to perform community service, which can be

used in lieu of, or in addition to, a fine. [3 O.C. 309.11-2(b)]. The Law then goes on to provide

how community service assignments will be approved, what information the community service

order is required to contain, and how the community service assignment will be monitored. [3 O.C.

309.11-2(b)(1)-(3)].

 Counseling and/or other programs. An individual may be ordered to participate in counseling

and/or any other program relevant and available to the Nation. [3 O.C. 309.11-2(c)].

 Restitution. An individual may be ordered to pay restitution, which may include the repayment of

any improperly received benefit, or any other payment which is intended to make another whole

after suffering losses as a result of the actions of the individual. [3 O.C. 309.11-2(d)]. The Trial

Court is delegated the authority to determine an appropriate amount of restitution to be paid for the

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

venerated object due to its venerated status. [3 O.C. 309.11-2(d)(1)].

 Any other penalty as deemed appropriate by the Trial Court. The Trial Court is given discretion

and flexibility to utilize any other penalty that may be deemed appropriate based on the facts and

details of each specific case. [3 O.C. 309.11-2(e)].

E. Interaction with the Comprehensive Housing Division. An Oneida Police Department officer is

required to provide notice of a citation to the Oneida Law Office attorney assigned to the

Comprehensive Housing Division if the citation was issued to an individual located at a property rented

or leased through the Comprehensive Housing Division. [3 O.C. 309.11-1(c)]. Any information or

reports shared by the Oneida Police Department officer with the Oneida Law Office attorney shall

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

Chief of Police. Id. The purpose of this provision is to promote communication between the Oneida

Police Department and the Comprehensive Housing Division, and recognize that the Comprehensive

Housing Division has its own enforcement mechanisms, that although separate from the process and

procedures contained in this Law, may be triggered when an individual who they hold a lease or rental

agreement with violates this Law and receives a citation.

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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.

[2 O.C. 204.1-1]. Garnishment of an individual’s income to collect debt owed to an entity of the

Nation is allowed under the Garnishment law. [2 O.C. 204.6].

 If an individual is ordered to pay a fine in accordance with this Law and does not pay

according to the deadline, the Trial Court may seek to collect that fine through the

Nation’s garnishment process. [3 O.C. 309.11-2(a)(3)].

 Per Capita Law. The Per Capita law specifies the procedure to be followed in the event that per

capita payments are distributed by the Nation and states the responsibilities of the various Oneida

entities in the distribution or maintenance of any such per capita payments. [1 O.C. 123.1-1]. The

Per Capita law allows per capita payments to be subject to attachment prior to distribution for debt

owed to an Oneida entity. [1 O.C. 123.4-9, 123.4-9(a)(2)].

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 If an individual is ordered to pay a fine in accordance with this Law and does not pay

according to the deadline, the Trial Court may seek to collect that fine through the

Nation’s per capita attachment process. [3 O.C. 309.11-2(a)(3)].

Leasing Law. The Leasing law sets out the Nation’s authority to issue, review, approve and enforce

leases. [6 O.C. 602.1-1]. The Leasing law delegates all powers necessary and proper to the

Comprehensive Housing Division to enforce the lease terms, the Leasing law and any rules

developed pursuant to the Leasing law. [6 O.C. 602.11-1]. If a lessee or other party causes or

threatens to cause immediate and significant harm to the premises, or undertakes criminal activity

thereon, the Comprehensive Housing Division may take appropriate emergency action, which may

include cancelling the lease and/or securing judicial relief. [6 O.C. 602.11-2].

 If an individual commits a civil infraction under this Law, his or her violations of this

Law may be used as a basis of lease enforcement action by the Comprehensive Housing

Division.

Eviction and Termination Law. The Eviction and Termination law provides consistent procedures

relating to the Nation’s rental and leasing programs for terminating a contract and/or evicting an

occupant which affords the applicant due process and protects all parties involved. [6 O.C. 610.11]. The Eviction and Termination law provides that an owner may terminate the contract prior to

the contract term and evict the occupant if the occupant is alleged to have violated any applicable

law or rule of the Nation, or is alleged to have committed one or more nuisance activities. [6 O.C.

610.5-1(b)-(c)].

 If an individual commits a civil infraction under this Law, his or her violations of this

Law may be used as a basis of eviction or termination of a contract action by the

Comprehensive Housing Division.

 Zoning and Shoreland Protection Law. One purpose of the Zoning and Shoreland Protection

law is to prevent persons from using or maintaining their property in any manner which

endangers the public’s health, safety or welfare; limits the use or enjoyment of neighboring

property; or causes or tends to cause diminution of the value of the property of others in the

area in which such property is located. [6 O.C. 605.6-12]. The Zoning and Shoreland Protection

law provides that it shall be unlawful to make, continue or cause to be made or continued, any

noise in excess of the noise levels set forth by the law unless such noise is reasonably necessary

for the preservation of life, health, safety or property. [6 O.C. 605.6-12(d)]. The Zoning and

Shoreland Protection law also prohibits any liquid, or solid wastes, or other adverse influences

which have an objectionable effect upon adjacent or nearby property and provides that all

noxious weeds and other rank growth of vegetation are a public nuisance. [6 O.C. 605.6-12(k)(l)].

 Some of the civil infractions provided in this Law - such as disorderly conduct, littering

or unsightly areas - are similar to public nuisances identified and prohibited by the

Zoning and Shoreland Protection law.

 The Zoning and Shoreland Protection law provides authority to the Zoning

Administrator to take enforcement action against an individual for a violation of the

law, with the Land Commission as the ultimate authority who would hear any appeals

of the Zoning Administrator’s decisions. This Law delegates authority to the Oneida

Police Department to take enforcement action against an individual for a violation of

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this Law, with the ultimate authority over the matter delegated to the Nation’s Trial

Court.

 This Law and the Zoning and Shoreland Protection law may govern similar subject

matters, but they have separate enforcement procedures, so it can be said that these

laws have concurrent jurisdiction. This means that one act by an individual could result

in a violation of both the Zoning and Shoreland Protection law and this Law at the

same time. For example, if a person is making excessive noise on their property, they

can receive a citation for disorderly conduct from an Oneida Police Department under

the Public Peace law while simultaneously receiving written notice for compliance or

a fine from the Zoning Administrator under the Zoning and Shoreland Protection law.

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SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS

A. Effect on Existing Rights. An individual who is issued a citation for a violation of this Law has due

process protections under the Citations law. The Citations law protects due process rights by:

 Requiring that all citations be properly noticed and served on the defendant, including a notice of

the defendant’s rights and privileges, hearing dates and information [8 O.C. 807.4-3, 807.4-4];

 Ensuring that defendants have the right to contest their citations in the Nation’s Judiciary [8 O.C.

807.6-1];

 Establishing a formal process for stipulations that require defendants to acknowledge that they are

waiving their rights to contest the citation in court and sign a statement that they enter into the

agreement free of duress and coercion [8 O.C. 807.5]; and

 Providing an opportunity for a defendant to appeal the Trial Court or Family Court’s decision to

the Nation’s Court of Appeals in accordance with the Rules of Appellate Procedure. [8 O.C. 807.63].

SECTION 8. ENFORCEMENT AND ACCOUNTABILITY

A. Enforcement. The Oneida Police Department is delegated enforcement authority under this Law.

 The Oneida Police Department has the authority to investigate complaints involving civil

infractions under this Law, and to issue citations for violations of this Law. [3 O.C. 309.4-3(a)-(b),

309.11-1].

B. Citation Schedule Resolution. The Oneida Business Committee is delegated the authority to adopt

through resolution a citation schedule which sets forth specific fine amounts for violations of this Law.

[3 O.C. 30309.11-2(a)].

SECTION 9. OTHER CONSIDERATIONS

A. Public Peace Law Citation Schedule. This Law provides that the Oneida Business Committee shall

hereby be delegated the authority to adopt through resolution a citation schedule which sets forth

specific fine amounts for violations of this Law. [3 O.C. 309.11-2(a)]. A citation schedule will need to

be developed and adopted.

 Conclusion. The Legislative Operating Committee has worked with the Oneida Law Office and

Oneida Police Department to develop a citation schedule resolution that will be presented to the

Oneida Business Committee for consideration at the time the adoption of this Law is considered.

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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 BC350

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 received a fiscal impact statement for the

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

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an indeterminate conclusion.

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Title 3. Health & Public Safety - Chapter 309

PUBLIC PEACE

309.1. Purpose and Policy

309.2. Adoption, Amendment, Repeal

309.3. Definitions

309.4. Jurisdiction and Authority

309.5. Civil Infractions Against Property

309.6. Civil Infractions Against the Peace

309.7. Civil Infractions Against Government

309.8. Civil Infractions Against the Person

309.9. Civil Infractions Involving Alcohol, Tobacco, and Drugs

309.10. Civil Infractions Affecting Health and Safety

309.11. Enforcement and Penalties

309.1. Purpose and Policy

309.1-1. Purpose. The purpose of this law is to set forth community standards and expectations

which preserve the peace, harmony, safety, health, and general welfare of individuals who live

within the boundaries of the Reservation.

309.1-2. Policy. It is the policy of the Nation to promote peace and order within the boundaries of

the Reservation while also providing an orderly process for addressing civil infractions that occur.

309.2. Adoption, Amendment, Repeal

309.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.

309.2-2. This law may be amended or repealed by the Oneida Business Committee or General

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

309.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

309.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

309.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

309.3. Definitions

309.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Adult at risk” means any adult who has a physical or mental condition that

substantially impairs his or her ability to care for his or her needs and who has experienced,

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

financial exploitation.

(b) “Alcohol beverage” means a fermented malt beverage and any intoxicating liquor.

condition.

(d) “Child” means a person who has not attained the age of eighteen (18) years.

(e) “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective

of size, shape and irrespective of the tobacco being flavored, adulterated, or mixed with

any other ingredient, where such roll has a wrapper or cover made of paper or any material,

except where such wrapper is wholly or in the greater part made of natural leaf tobacco in

its natural state.

(f) “Drug paraphernalia” means any equipment, product, object or container used or

intended for use to cultivate, plant, maintain, manufacture, package or store a prohibited

3. O.C. 309 – Page 1

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