# Oneida Business Committee (2021) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aa6d7526751cb4af6 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 155 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. I. 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) V. 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. 2 of 155 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov r'\ mooao 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) I. 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 3 of 155 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. V. 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 Page 2 of 2 4 of 155 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. Page 1 of 3 A good mind. A good heart. A strong fire. 5 of 155 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. Page 2 of 3 ~ ONEIDA 6 of 155 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. Page 3 of 3 ~ ONEIDA 7 of 155 Draft 3 (Redline to Draft 2) 2021 09 01 Title 3. Health & Public Safety - Chapter 309 PUBLIC PEACE 309.1. Purpose and Policy 309.2. Adoption, Amendment, Repeal 309.3. Definitions 309.4. Jurisdiction and Authority 309.5. Civil Infractions Against Property 309.6. Civil Infractions Against the Peace 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 309.7. Civil Infractions Against Government 309.8. Civil Infractions Against the Person 309.9. Civil Infractions Involving Alcohol, Tobacco, and Drugs 309.10. Civil Infractions Affecting Health and Safety 309.11. Enforcement and Penalties 309.1. Purpose and Policy 309.1-1. Purpose. The purpose of this law is to set forth community standards and expectations which preserve the peace, harmony, safety, health, and general welfare of individuals who live within the boundaries of the Reservation. 309.1-2. Policy. It is the policy of the Nation to promote peace and order within the boundaries of the Reservation while also providing an orderly process for addressing civil infractions that occur. 309.2. Adoption, Amendment, Repeal 309.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__. 309.2-2. This law may be amended or repealed by the Oneida Business Committee or General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 309.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 309.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 309.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 309.3. Definitions 309.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Adult at risk” means any adult who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation. (b) “Alcohol beverage” means a fermented malt beverage and any intoxicating liquor. (c) “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition. (d) “Child” means a person who has not attained the age of eighteen (18) years. (e) “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective of size, shape and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any material, except where such wrapper is wholly or in the greater part made of natural leaf tobacco in its natural state. (f) “Drug paraphernalia” means any equipment, product, object or container used or intended for use to cultivate, plant, maintain, manufacture, package or store a prohibited 3. O.C. 309 – Page 1 8 of 155 Draft 3 (Redline to Draft 2) 2021 09 01 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 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 9 of 155 Draft 3 (Redline to Draft 2) 2021 09 01 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 (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 10 of 155 Draft 3 (Redline to Draft 2) 2021 09 01 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 (a) damages or destroys the property of the owner; (b) tampers with property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; (c) makes markings, including inscriptions, slogans, drawings, or paintings on the property of the owner; or (d) alters, defaces, or damages in any way property owned by the Nation. 309.5-2. Reckless Damage or Destruction. A person commits the civil infraction of reckless damage or destruction if without the consent of the owner he or she recklessly damages or destroys the property of the owner. 309.5-3. Trespass. A person commits the civil infraction of trespass if he or she: (a) enters or remains on private property or Tribal property without consent and he or she: (1) had notice that the entry was forbidden; or (2) received notice or order to depart but failed to do so. (b) Notice. Notice or an order to depart may be given by: (1) written or verbal communication given to the intruder by an Oneida Police Department officer, the owner of the property, or a person authorized to act on behalf of the owner; (2) written notice posted on or about the property in a manner reasonably likely to come to the attention of potential intruders; or (3) fences, barricades, or other devices manifestly designed to enclose the property and to exclude potential intruders. 309.5-4. Theft. A person commits the civil infraction of theft is he or she: (a) obtains, exercises control over, or conceals anything of value of another without the consent of the owner; or (b) having lawfully obtained possession for temporary use of the property, deliberately and without consent, fails to return or reveal the whereabouts of said property to the owner, his or her representative or the person from which he or she has received it with the intent to permanently deprive the owner of its use and benefit. 309.5-5. Retail Theft. A person commits the civil infraction of retail theft if he or she without the merchant's consent and with intent to deprive the merchant permanently of possession or the full purchase price of the merchandise or property: (a) intentionally alters indicia of price or value of merchandise held for resale by a merchant or property of a merchant; (b) intentionally takes and carries away merchandise held for resale by a merchant or property of a merchant; (c) intentionally transfers merchandise held for resale by a merchant or property of a merchant; (d) intentionally conceals merchandise held for resale by a merchant or property of a merchant; (e) intentionally retains possession of merchandise held for resale by a merchant or property of a merchant; (f) while anywhere in the merchant's premises, intentionally removes a theft detection device from merchandise held for resale by a merchant or property of a merchant; (g) uses, or possesses with intent to use, a theft detection shielding device to shield merchandise held for resale by a merchant or property of merchant from being detected by an electronic or magnetic theft alarm sensor; or 3. O.C. 309 – Page 4 11 of 155 Draft 3 (Redline to Draft 2) 2021 09 01 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 (h) uses, or possesses with intent to use, a theft detection device remover to remove a theft detection device from merchandise held for resale by a merchant or property of a merchant. 309.5-6. Loitering. A person commits the civil infraction of loitering if he or she loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. (a) Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person: (1) takes flight upon appearance of an Oneida Police Department Officer; (2) refuses to identify himself or herself or manifestly endeavors to conceal himself or herself or any object; or (3) refuses to leave the premises after being requested to move by an Oneida Police Department officer or by any person in authority at such place. 309.5-7. Fraud. A person commits the civil infraction of fraud if, to obtain property, money, gain, advantage, interest, asset, or services for himself or herself or another he or she: (a) makes a materially false or misleading statement which he or she knows to be untrue or makes a remark with reckless disregard to the accuracy of the statement; (b) withholds information by misrepresentation or deceit; or (c) with intent to defraud or harm another, he or she destroys, removes, conceals, alters, substitutes or otherwise impairs the verity, legibility, or availability of a writing. 309.5-8. Negligent Handling of Burning Material. A person commits the civil infraction of negligent handling of burning material if he or she handles burning material in a highly negligent manner in which the person should realize that a substantial and unreasonable risk of serious damage to another person or another’s property is created. 309.6. Civil Infractions Against the Peace 309.6-1. Disorderly Conduct. A person commits the civil infraction of disorderly conduct if he or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance. A civil infraction of disorderly conduct may include, but is not limited to, the following behaviors: (a) fights with another person within the boundaries of the Reservation; (b) discharges a firearm or air gun that is prohibited; (c) makes or causes to be made any loud, disturbing or unnecessary sounds or noises which may annoy or disturb a person of ordinary sensibilities; (1) Between the hours of 10:00 p.m. and 6:00 a.m. any excessive noise shall be prohibited. (d) abuses or threatens a person on Tribal property in an obviously offensive manner; (e) lies or sleeps on any street, alley or sidewalk, or in any other Tribal property, or upon private property that he or she has no right to occupy; or (f) uses abusive, indecent, profane, or vulgar language in Tribal property, and the language by its very utterance tends to incite an immediate breach of the peace. 309.6-2. Carrying a Prohibited Weapon. A person commits the civil infraction of carrying a prohibited weapon if he or she bears or carries on or about his or her person, whether in the open or concealed, a weapon on Tribal property, including any buildings, gaming or retail business, facility, construction site, fleet vehicle, or at any event sponsored by the Nation. (a) Exceptions. An individual shall not be considered to have committed the civil infraction of carrying a prohibited weapon if he or she is actively engaged in: 3. O.C. 309 – Page 5 12 of 155 Draft 3 (Redline to Draft 2) 2021 09 01 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 (1) the performance of the duties of his or her employment which requires a weapon to be carried, including sworn law enforcement officers or vendors who transport or distribute cash; (2) hunting, fishing, or trapping in accordance with the Nation’s laws and rules governing hunting, fishing, and trapping; or (3) cultural activities or ceremonies. 309.6-3. Gang Related Activity. A person commits the civil infraction of gang activity if he or she participates in any activity with a gang which: (a) creates an atmosphere of fear and intimidation in the community; (b) engages in acts injurious to the public health, safety, or morals of the Nation; or (c) engages in gang-focused illegal activity either individually or collectively. 309.6-4. Throwing or Shooting Projectiles. A person commits the civil infraction of throwing or shooting projectiles if he or she throws or shoots any object, stone, snowball, or other projectile by hand or by any other means, at any person, or at or into any building, street, sidewalk, alley, highway, park, playground or other public place. 309.6-5. Obstructing Streets and Sidewalks. A person commits the civil infraction of obstructing streets and sidewalks if he or she stands, sits, loafs, loiters, engages in any sport of exercise, or uses or maintains a motor vehicle on any public street, sidewalk, bridge, or public ground within the Reservation in such manner as to: (a) prevent or obstruct the free passage of pedestrian or vehicular traffic; (b) prevent or hinder free ingress to or egress from any place of business or amusement or any church, public building or meeting place; or (c) prevent the Nation from utilizing a snowplow or other maintenance equipment or vehicles. 309.6-6. Nuisance. A person commits the civil infraction of nuisance whenever he or she engages in a thing, act, occupation, condition or use of property which shall continue for such length of time as to: (a) substantially annoy, injure or endanger the comfort, health, repose or safety of the public; (b) in any way render the public insecure in life or in the use of property; or (c) greatly offend the public morals or decency. 309.6-7. Maintaining a Chronic Nuisance House. A person commits the civil infraction of maintaining a chronic nuisance house if he or she has three (3) or more police contacts occurring during a twelve (12) month period at the premises that he or she owns or occupies through a lease or rental agreement. 309.6-8. Interfering with Lawful Arrest or Resisting Arrest. A person commits the civil infraction of interfering with lawful arrest or resisting arrest if by force, violence or other means, he or she: (a) interferes, hinders or resists any Oneida Police Department officer in the performance of his or her official duties; (b) flees from any Oneida Police Department officer who is attempting to lawfully arrest or detain him or her; or (c) assists another to avoid a lawful arrest or harbors a fugitive. 309.7. Civil Infractions Against Government 309.7-1. Disrupting a Meeting or Government Function. A person commits the civil infraction of disrupting a meeting or government function if he or she: 3. O.C. 309 – Page 6 13 of 155 Draft 3 (Redline to Draft 2) 2021 09 01 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 (a) conducts himself or herself in a manner intended to prevent or disrupt a lawful meeting held in any property owned or controlled by the Nation; (b) refuses or fails to leave any Tribal property upon being requested to do so by any official charged with maintaining order in such Tribal property; (c) willfully denies any official, employee or member of the Nation the lawful right of such person to enter, to use the facilities, or to leave any Tribal property; (d) at or in any Tribal property willingly impedes any official or employee in the lawful performance of his or her duties or activities through the use of restraint, coercion, intimidation or by force and violence or threat thereof; or (e) at any meeting or session conducted by any official of the Nation, held in any Tribal property; through the use of restraint, coercion, intimidation or by force and violence or threat thereof; willfully impedes, disrupts, or hinders the normal proceedings of such a meeting or session by any act of intrusion into the chamber or other areas designated for the use of the body or official to conduct such a meeting. 309.7-2. Breach of Confidentiality. A person commits the civil infraction of breach of confidentiality if he or she; (a) makes or disseminates any unauthorized audio or video recording within the designated meeting area of a General Tribal Council meeting, or executive session portion of a meeting of the Oneida Business Committee or any other board, committee, or commission of the Nation; or (b) disseminates any confidential meeting materials of the General Tribal Council, Oneida Business Committee, or any other board, committee, or commission of the Nation, including but not limited to, meeting packets and meeting minutes, to any individual not authorized to access the materials. 309.7-3. Threatening an Official. A person commits the civil infraction of threatening an official if he or she threatens to inflict serious injury against an official, a member of the official’s family, or the official’s property as a result of any action taken by the official in the course of his or her duties. 309.8. Civil Infractions Against the Person 309.8-1. Assault. A person commits the civil infraction of assault if he or she: (a) causes bodily harm to another; (b) threatens another with imminent bodily harm; (c) causes physical contact with another when the person knows or should reasonably believe that the other person will regard the contact as offensive or provocative; (d) uses or exhibits a weapon during the commission of the assault; or (e) forcibly assaults or intimidates any authorized law enforcement official lawfully discharging an official duty. 309.8-2. Harassment. A person commits the civil infraction of harassment if, with intent to harass, alarm, abuse, or torment another he or she: (a) initiates communication in person, by telephone, in writing, or through any means of electronic communication and in the course of the communication makes a comment, request, suggestion or proposal that is obscene or false; (b) threatens, in person, by telephone, in writing, or through any means of electronic communication in a manner reasonably likely to alarm the person receiving the threat, to inflict serious injury against the person, a member of his or her family, or his or her property; 3. O.C. 309 – Page 7 14 of 155 Draft 3 (Redline to Draft 2) 2021 09 01 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 (c) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyer to be false, that another person has suffered death or serious bodily harm; (d) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, alarm, abuse, torment, or offend another; (e) knowingly permits a telephone or electronic device under his or her control to be used by a person to commit an infraction under this section; or (f) intentionally subjects another to sexual harassment. 309.8-3. Abuse of Individuals at Risk. A person commits the civil infraction of abuse of individuals at risk if he or she subjects an adult at risk or elder at risk to any of the following: (a) physical abuse; (b) emotional abuse; (c) sexual abuse; (d) unreasonable confinement or restraint; (e) financial exploitation; or (f) deprivation of a basic need for food, shelter, clothing, or personal or health care, including deprivation resulting from the failure to provide or arrange for a basic need by a person who has assumed responsibility for meeting the need voluntarily or by contract, agreement, or court order. 309.8-4. Truancy. A person commits the civil infraction of truancy if he or she fails without good cause to ensure that a child he or she is responsible for the care of attends school in accordance with the rules of the school district in which the child is enrolled. 309.9. Civil Infractions Involving Alcohol, Tobacco, and Drugs 309.9-1. Public Intoxication. A person commits the civil infraction of public intoxication if he or she appears intoxicated by alcohol beverages or prohibited drugs on Tribal property to the degree that the person may endanger himself or herself, or another person. 309.9-2. Unauthorized Alcohol Beverage. A person commits the civil infraction of unauthorized alcohol beverage if he or she consumes or possesses any open or unsealed container containing an alcohol beverage on any public way, in any parking lot held for public use, or on or within the premises of a public place or on or in any motor vehicle on a public way or in parking lot held out for public use, unless such person is on the premises of an establishment holding a valid license for the on premises consumption of alcoholic beverages. No person may possess or consume an alcohol beverage on school premises or while participating in a school-sponsored activity. 309.9-3. Underage Possession of Alcohol. A person commits the civil infraction of underage possession of alcohol if he or she purchases, attempts to purchase, possesses, or consumes an alcohol beverage prior to reaching the age of twenty-one (21) years unless accompanied by his or her parent, guardian, or spouse who has attained the legal drinking age. 309.9-4. Furnishing Alcohol Beverages to Minors. A person commits the civil infraction of furnishing alcohol beverages to minors if he or she procures for, sells, dispenses or gives away any alcohol beverages to any person under the age of twenty-one (21) years who is not accompanied by his or her parent, guardian, or spouse who has attained the legal drinking age. 309.9-5. Underage Possession of Tobacco. A person commits the civil infraction of underage possession of tobacco if he or she purchases, attempts to purchase, possesses, or consumes a cigarette, electronic cigarette, or other tobacco product prior to reaching the age of twenty-one (21) years. 3. O.C. 309 – Page 8 15 of 155 Draft 3 (Redline to Draft 2) 2021 09 01 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 309.9-6. Furnishing Tobacco to Minors. A person commits the civil infraction of furnishing tobacco to minors if he or she procures for, sells, dispenses or gives away a cigarette, electronic cigarette, or other tobacco product to any person under the age of twenty-one (21) years. 309.9-7. Misrepresentation of Identification Card. A person commits the civil infraction of misrepresentation of identification card if he or she: (a) intentionally carries an official identification card not legally issued to him or her, an official identification card obtained under false pretenses or an official identification card which has been altered or duplicated to convey false information; (b) makes, alters or duplicates an official identification card purporting to show that he or she has attained the legal age to purchase and consume alcohol beverages or cigarettes, electronic cigarettes, or other tobacco products; (c) presents false information to an issuing officer in applying for an official identification card; or (d) intentionally carries an official identification card or other documentation showing that the person has attained the legal age to purchase and consume alcohol beverages or cigarettes, electronic cigarettes, or other tobacco products, with knowledge that the official identification card or documentation is false. 309.9-8. Possession of Prohibited Drugs. A person commits the civil infraction of possession of prohibited drugs if he or she possesses or consumes a prohibited drug or is in possession of any drug paraphernalia. 309.9-9. Manufacturing Prohibited Drugs. A person commits the civil infraction of manufacturing prohibited drugs if he or she manufactures, sells, or distributes any prohibited drug or drug paraphernalia. 309.9-10. Maintaining a Drug House. A person commits the civil infraction of maintaining a drug house if he or she owns or occupies any premise that is used to facilitate the use, delivery, distribution or manufacture of a prohibited drug. 309.9-11. Determination of Prohibited Drugs. An Oneida Police Department officer shall make the determination as to whether a substance is a prohibited drug using standard law enforcement field testing practices. 309.10. Civil Infractions Affecting Health and Safety 309.10-1. Littering. A person commits the civil infraction of littering if he or she deposits, throws, dumps, discards, abandons, leaves any litter on any private property or Tribal property. 309.10-2. Unsightly Areas. A person commits the civil infraction of unsightly areas if he or she allows any scrap, refuse, junk, salvage, rubbish or property within the exterior boundaries of the Reservation that creates unsightly areas or contributes to health and safety hazards. 309.10-3. Depositing Human Waste. A person commits the civil infraction of depositing human waste if he or she urinates or defecates upon any public or private property other than into a toilet or other device designed and intended to be used to ultimately deposit such human waste products into a septic or sanitary sewer system. 309.10-4. Exposure of a Communicable or Infectious Disease. A person commits the civil infraction of exposure of a communicable or infectious disease if he or she is knowingly infected with a communicable or infectious disease and willfully exposes himself or herself to another person, which puts that person in danger of contracting the communicable or infectious disease. 3. O.C. 309 – Page 9 16 of 155 Draft 3 (Redline to Draft 2) 2021 09 01 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 309.11. Enforcement and Penalties 309.11-1. Issuance of a Citation. An individual who violates a provision of this law may be subject to the issuance of a citation by an Oneida Police Department officer. (a) A citation for a violation of this law or any orders issued pursuant to this law may include fines and other penalties, as well as conditional orders made by the Trial Court. (b) A citation for a violation of this law shall be processed in accordance with the procedure contained in the Nation’s laws and policies governing citations. (c) Notice to the Comprehensive Housing Division. An Oneida Police Department officer shall provide notice to the Oneida Law Office attorney assigned to the Comprehensive Housing Division of any citation issued to an individual located at a property rented or leased through the Comprehensive Housing Division. Any information or reports shared by the Oneida Police Department officer with the Oneida Law Office attorney shall remain confidential as agreed upon between the Oneida Law Office and the Oneida Police Department Chief of Police. (1) Notwithstanding constraints imposed by any rules promulgated under any laws of the Nation governing leases, eviction, or termination, the Oneida Law Office attorney is vested with the discretion to resolve any housing related enforcement occurring in accordance with this law to the mutual benefit of all involved parties. 309.11-2. Penalties. Upon a finding by the Trial Court that a violation of this law has occurred, the individual may be subject to the following penalties: (a) Fines. An individual may be ordered to pay a fine as a result of a violation of this law. The Oneida Business Committee shall adopt through resolution a citation schedule which sets forth specific fine amounts for violations of this law. (1) All fines shall be paid to the Judiciary. (2) Fines shall be paid within ninety (90) days after the order is issued or upheld on final appeal, whichever is later. (A) The ninety (90) day deadline for payment of fines may be extended if an alternative payment plan is negotiated by the Oneida Law Office and approved by the Trial Court. (3) If an individual does not pay his or her fine the Trial Court may seek to collect the money owed through the Nation’s garnishment and/or per capita attachment process or any other collection process available to the Trial Court. (4) Community service may be substituted for part or all of any fine at the minimum wage rate of the Nation for each hour of community service. (b) Community Service. An individual may be ordered to perform community service. Community service can be used in lieu of, or in addition to, a fine. (1) All community service assignments shall be approved by the Trial Court. The Trial Court shall give preference to culturally relevant community service assignments or community service assignments that focus on the betterment of the individual’s community. (2) The Trial Court shall provide the individual a written statement of the terms of the community service order, and a statement that the community service order is monitored. (3) The Trial Court’s community service order shall specify: (A) how many hours of community service the individual is required to complete; (B) the time frame in which the hours shall be completed; 3. O.C. 309 – Page 10 17 of 155 Draft 3 (Redline to Draft 2) 2021 09 01 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 (C) how the individual shall obtain approval for his or her community service assignment; (D) how the individual shall report his or her hours; and (E) any other information the Trial Court determines is relevant. (c) Counseling or other Programs. An individual may be ordered to participate in counseling or any other program relevant and available to the Nation. (d) Restitution. An individual may be ordered to pay restitution, which may include the repayment of any improperly received benefit, or any other payment which is intended to make another whole after suffering losses as a result of the actions of the individual. (1) The Trial Court shall determine an appropriate amount of restitution to be paid for the theft or damage of any venerated object, which may be higher than the monetary value of the venerated object due to its venerated status. (e) Any other penalty as deemed appropriate by the Trial Court. End. Adopted – BC-__-__-__-__ 3. O.C. 309 – Page 11 18 of 155 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: 1. 2. 3. 4. 5. Resolution: Adoption of the Public Peace Law Statement of Effect: Adoption of the Public Peace Law Public Peace Law Legislative Analysis Public Peace Law Public Peace Law Fiscal Impact Statement Overview On October 7, 2020, the Legislative Operating Committee added the Public Peace law to its Active Files List. The Public Peace law had been carried over from the last two (2) Legislative Operating Committee terms, with it originally added to the Active Files List in December 2016. The purpose of the Public Peace law is to set forth community standards and expectations which preserve the peace, harmony, safety, health, and general welfare of individuals who live within the boundaries of the Reservation. [1 O.C. 309.1-1]. This resolution adopts the Public Peace law which will:  Delegate jurisdiction to the Trial Court for any action brought under this law [3 O.C. 309.41];  Delegate authority to the Oneida Police Department to investigate complaints involving civil infractions under this law and issue citations for violations of this law [3 O.C. 309.43];  Prohibit a person from committing a civil infraction under this law [3 O.C. 309.4-4];  Provide the various civil infractions including:  Civil infractions against property [3 O.C. 309.5];  Civil infractions against the peace [3 O.C. 309.6];  Civil infractions against government [3 O.C. 309.7];  Civil infractions against the person [3 O.C. 309.8];  Civil infractions involving alcohol, tobacco, and drugs [3 O.C. 309.9]; and  Civil Infractions affecting health and safety [3 O.C. 309.10];  Provide that a citation for a violation of this law shall be processed in accordance with the procedure contained in the Nation’s laws and policies governing citations [3 O.C. 309.111(b)];  Require that an Oneida Police Department officer provide notice to the Oneida Law Office attorney assigned to the Comprehensive Housing Division of any citation issued to an Page 1 of 2 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 20 of 155 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Oneida, WI 54155 BC Resolution # _____________ Adoption of the Public Peace Law WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the purpose of the Public Peace law (“the Law”) is to set forth community standards and expectations which preserve the peace, harmony, safety, health, and general welfare of individuals who live within the boundaries of the Reservation; and WHEREAS, the Law delegates jurisdiction to the Trial Court for any action brought under this Law; and WHEREAS, the Law delegates authority to the Oneida Police Department to investigate complaints involving civil infractions under this Law and issue citations for violations of this Law; and WHEREAS, the Law prohibits a person from committing a civil infraction under this Law; and WHEREAS, the Law provides the various civil infractions including: • Civil infractions against property; • Civil infractions against the peace; • Civil infractions against government; • Civil infractions against the person; • Civil infractions involving alcohol, tobacco, and drugs; • Civil Infractions affecting health and safety; and WHEREAS, the Law provides that a citation for a violation of this Law shall be processed in accordance with the procedure contained in the Nation’s laws and policies governing citations, which is currently the Citations law; and WHEREAS, the Law requires that an Oneida Police Department officer provide notice to the Oneida Law Office attorney assigned to the Comprehensive Housing Division of any citation issued to an individual located at a property rented or leased through the Comprehensive Housing Division; and WHEREAS, the Law provides the various penalties to be utilized by the Trial Court upon a finding that a violation of this Law has occurred, including fines, community service, participation in counseling and/or other programs, restitution, and/or any other penalty as deemed appropriate by the Trial Court; and 21 of 155 BC Resolution # _______ Adoption of the Public Peace Law Page 2 of 2 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 WHEREAS, in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact statement were developed for this Law; and WHEREAS, a public meeting on this proposed Law was not held in accordance with the Legislative Procedures Act due to the COVID-19 pandemic; and WHEREAS, on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020, which was then subsequently extended through September 26, 2021, by the Oneida Business Committee through the adoption of resolutions BC-0328-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, and BC-07-28-21-N; and WHEREAS, on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension of Public Meetings under the Legislative Procedures Act” declaration which suspended the Legislative Procedures Act's requirement to hold a public meeting during the public comment period for the duration of the Public Health State of Emergency, but allows members of the community to still participate in the legislative process by submitting written comments, questions, data, or input on proposed legislation to the Legislative Operating Committee via e-mail during the public comment period; and WHEREAS, although a public meeting was not held for this proposed Law, the public comment period for this Law was held open until June 9, 2021, and six (6) individuals submitted written comments during the public comment period; and WHEREAS, the Legislative Operating Committee accepted, reviewed, and considered all public comments received on July 7, 2021, and July 13, 2021; and NOW THEREFORE BE IT RESOLVED, that the Public Peace law is hereby adopted and shall become effective on September 22, 2021. 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 Page 1 of 2 A good mind. A good heart. A strong fire. 23 of 155  Any other penalty as deemed appropriate by the Trial Court [3 O.C. 309.11-2(e)]. The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C. 109.1-1]. The LPA requires that for all proposed legislation both a legislative and fiscal analysis be developed. [1 O.C. 109.6 and 109.7]. The proposed Public Peace law complies with these requirements. The LPA also requires that there be an opportunity for public review during a public meeting and public comment period. [1 O.C. 109.8]. A public meeting for the proposed Public Peace law was not held due to the COVID-19 pandemic. In accordance with the Emergency Management and Homeland Security law, on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020. [3 O.C. 302.8-1]. The Public Health State of Emergency for the Nation has since been extended until September 26, 2021, by the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A, BC-0623-21-B, and BC-07-28-21-N. On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension of Public Meetings under the Legislative Procedures Act” declaration which suspended the Legislative Procedures Act's requirement to hold a public meeting during the public comment period, but allows members of the community to still participate in the legislative process by submitting written comments, questions, data, or input on proposed legislation to the Legislative Operating Committee via e-mail during the public comment period. Although a public meeting for the proposed Public Peace law was not held, the public comment period was still held open until June 9, 2021. The Legislative Operating Committee reviewed and considered the public comments that were received on July 7, 2021, and July 13, 2021. Adoption of this resolution complies with the process and procedures of the LPA as it has been modified by the COVID-19 Team’s “Suspension of Public Meetings under the Legislative Procedures Act” declaration. This resolution provides that the Public Peace law would become effective on September 22, 2021, in accordance with the LPA. [1 O.C. 109.9-3]. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws, as it complies with the Legislative Procedures Act as it has been modified by the COVID-19 Core Decision Making Team’s “Suspension of Public Meetings under the Legislative Procedures Act” declaration. Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA 24 of 155 Analysis to Draft 3 for OBC Consideration 2021 09 01 PUBLIC PEACE LAW LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Law Purpose Affected Entities Related Legislation Public Meeting Fiscal Impact Analysis by the Legislative Reference Office  Delegate jurisdiction to the Trial Court for any action brought under this law [3 O.C. 309.4-1];  Delegate authority to the Oneida Police Department to investigate complaints involving civil infractions under this law and issue citations for violations of this law [3 O.C. 309.4-3];  Prohibit a person from committing a civil infraction under this law [3 O.C. 309.4-4];  Provide the various civil infractions including:  Civil infractions against property [3 O.C. 309.5];  Civil infractions against the peace [3 O.C. 309.6];  Civil infractions against government [3 O.C. 309.7];  Civil infractions against the person [3 O.C. 309.8];  Civil infractions involving alcohol, tobacco, and drugs [3 O.C. 309.9]; and  Civil Infractions affecting health and safety [3 O.C. 309.10];  Provide that a citation for a violation of this law shall be processed in accordance with the procedure contained in the Nation’s laws and policies governing citations [3 O.C. 309.11-1(b)];  Require that an Oneida Police Department officer provide notice to the Oneida Law Office attorney assigned to the Comprehensive Housing Division of any citation issued to an individual located at a property rented or leased through the Comprehensive Housing Division [3 O.C. 309.11-1(c)]; and  Provide various penalties to be utilized by the Trial Court upon a finding that a violation of this law has occurred, including:  Fines [3 O.C. 309.11-2(a)];  Community service [3 O.C. 309.11-2(b)];  Counseling and/or other programs [3 O.C. 309.11-2(c)];  Restitution [3 O.C. 309.11-2(d)]; and/or  Any other penalty as deemed appropriate by the Trial Court [3 O.C. 309.112(e)]. To set forth community standards and expectations which preserve the peace, harmony, safety, health, and general welfare of individuals who live within the boundaries of the Reservation. [1 O.C. 309.1-1]. Oneida Nation Judiciary, Oneida Police Department, Oneida Law Office, Comprehensive Housing Division. Citations law, Per Capita law, Garnishment law, Eviction and Termination law, Leasing law. A public comment period was held open until June 9, 2021. A public meeting was not held in accordance with the Nation’s COVID-19 Core Decision Making Team’s declaration titled, “Suspension of Public Meetings under the Legislative Procedures Act.” A fiscal impact statement was provided by the Finance Department on August 17, 2021. Page 1 of 10 25 of 155 Analysis to Draft 3 for OBC Consideration 2021 09 01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The request for the Legislative Operating Committee to develop and adopt a Public Peace law (“the Law”) was originally submitted on December 7, 2016. On October 26, 2016, the Oneida Police Commission, in its quarterly report to the Oneida Business Committee, made a recommendation to develop a Public Peace law in an effort to exercise the Nation’s sovereignty and jurisdiction. This recommendation was made based on input received during a community meeting held in Site 2 by the Oneida Police Department and Oneida Housing Authority due to a homicide investigation. The Oneida Business Committee then forwarded this request to the LOC who originally placed this item on the Active Files List in December 2016. The purpose of developing a Public Peace law would be to address community issues such as trespassing, damage to property, noise nuisances, and loitering. B. On October 7, 2020, the Legislative Operating Committee added the Public Peace law to its Active Files List with Jennifer Webster as the sponsor. This item had been carried over from the last two (2) Legislative Operating Committee terms. Since that time, a work group of representatives from the Oneida Police Department, Oneida Law Office, Tribal Action Plan (TAP), Comprehensive Housing Division, and the Oneida Business Committee has met to work on the development of the Law. C. On November 13, 2020, the LOC received a request from Vice Chairman Brandon Stevens to develop a Nuisance law on an emergency basis. Vice Chairman Stevens provided that he would like a Nuisance law developed on an emergency basis to preserve the welfare of the community from homes that are suspected drug houses. He also provided that currently the Comprehensive Housing Division and the Oneida Police Department have little authority over some homes on the Reservation, especially conveyed homes, and he would like to see that changed. The Legislative Operating Committee denied the request to develop a Nuisance law because the Legislative Operating Committee already had the development of a Public Peace law on its Active Files List, and the Public Peace law would address the social issues the request for a Nuisance law identified. SECTION 3. CONSULTATION AND OUTREACH A. Representatives from the following departments of the Nation participated in the development of this Law and legislative analysis:  Oneida Business Committee;  Oneida Law Office;  Oneida Police Department;  Strategic Planner;  Tribal Action Plan (TAP); and  Comprehensive Housing Division. B. The following laws of the Nation were reviewed in the drafting of this analysis:  Citations law;  Per Capita law;  Garnishment law;  Oneida Judiciary Rules of Civil Procedure;  Real Property law;  Leasing law;  Eviction and Termination law; and  Zoning and Shoreland Protection law. Page 2 of 10 26 of 155 Analysis to Draft 3 for OBC Consideration 2021 09 01 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 C. The following laws and ordinances from other States, municipalities, and Tribes were reviewed in the drafting of this Law and analysis:  Ysleta del Sur Pueblo Peace Code;  Stockbridge-Munsee Public Peace and Good Order Ordinance;  Saginaw Chippewa Public Nuisance Order;  Rincon Band of Luiseno Mission Indians Peace and Security Ordinance;  Ho-Chunk Nation Public Nuisance Act;  Village of Hobart Peace and Good Order Law;  Green Bay Public Peace and Good Order Ordinance;  Green Bay Public Nuisance Ordinance;  Brown County Offenses Against Public Peace and Safety; and  Relevant State of Wisconsin statutes. D. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic of COVID-19. The COVID-19 outbreak originated in Wuhan, China and has spread to many other countries throughout the world, including the United States. The COVID-19 pandemic has resulted in high rates of infection and mortality, as well as vast economic impacts including effects on the stock market and the closing of all non-essential businesses. A public meeting for this proposed Law will not be held due to the COVID-19 pandemic, but a public comment period for the submission of written comments will be held open until June 9. 2021.  Declaration of a Public Health State of Emergency.  On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding the COVID-19 pandemic which declared a Public Health State of Emergency for the Nation until April 12, 2020, and set into place the necessary authority for action to be taken and allows the Nation to seek reimbursement of emergency management actions that may result in unexpected expenses.  The Public Health State of Emergency has since been extended until September 26, 2021, by the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-0310-21-D, BC-05-12-21-A, BC-06-23-21-B, and BC-07-28-21-N.  COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the Legislative Procedures Act.  On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension of Public Meetings under the Legislative Procedures Act” declaration which suspended the Legislative Procedures Act's requirement to hold a public meeting during the public comment period, but allows members of the community to still participate in the legislative process by submitting written comments, questions, data, or input on proposed legislation to the Legislative Operating Committee via e-mail during the public comment period.  Although a public meeting was not held on the proposed Law, a public comment period was still held open until June 9, 2021, in accordance with the Legislative Procedures Act and the COVID-19 Core Decision Making Team’s “Suspension of Public Meetings under the Legislative Procedures Act” declaration. 87 Page 3 of 10 27 of 155 Analysis to Draft 3 for OBC Consideration 2021 09 01 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 SECTION 4. PROCESS A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).  On October 7, 2020, the Legislative Operating Committee added the Public Peace law to its Active Files List.  On April 21, 2021, the Legislative Operating Committee approved the draft and legislative analysis for this Law.  On May 5, 2021, the Legislative Operating Committee scheduled a public comment period to be held for this proposed Law.  The public comment period for this proposed Law was held open until June 9, 2021.  On July 7, 2021, the Legislative Operating Committee accepted the public comments that were received for this legislative item and deferred this item to a work meeting for consideration.  On July 7, 2021 and July 13, 2021, the Legislative Operating Committee reviewed and considered the public comments that were received.  On August 4, 2021, the Legislative Operating Committee approved the final draft of the proposed Law and directed the Finance Department to complete a fiscal impact statement.  On August 17, 2021, the fiscal impact statement was received from the Finance Department. B. At the time this legislative analysis was developed the following work meetings had been held regarding the development of this Law:  December 16, 2020: LOC work meeting held with representatives from the Oneida Police Department, TAP, Comprehensive Housing Division, and Oneida Business Committee.  January 15, 2021: LOC work meeting held with representatives from the Oneida Police Department, TAP, Comprehensive Housing Division, Oneida Law Office, Oneida Business Committee, and Strategic Planner.  January 28, 2021: LOC work meeting.  February 11, 2021: LOC work meeting.  March 17, 2021: LOC work meeting held with representatives from the Oneida Police Department, TAP, Comprehensive Housing Division, Oneida Law Office, and Oneida Business Committee.  April 7, 2021: LOC work meeting held with representatives from the Oneida Police Department, TAP, Comprehensive Housing Division, Oneida Law Office, and Oneida Business Committee.  July 7, 2021: LOC work meeting.  July 7, 2021: LOC work meeting held with representatives from the Oneida Police Department.  July 13, 2021: LOC work meeting.  July 21, 2021: LOC work meeting held with representatives from the Oneida Police Department and Oneida Law Office.  July 29, 2021: Work meeting with the Oneida Law Office.  August 18, 2021: LOC work meeting. SECTION 5. CONTENTS OF THE LEGISLATION A. Intent of the Law. The purpose of this Law is to set forth community standards and expectations which preserve the peace, harmony, safety, health, and general welfare of individuals who live within the boundaries of the Reservation. [3 O.C. 309.1-1]. It is the policy of the Nation to promote peace and order within the boundaries of the Reservation while also providing an orderly process for addressing Page 4 of 10 28 of 155 Analysis to Draft 3 for OBC Consideration 2021 09 01 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 civil infractions that occur. [3 O.C. 309.1-2]. The Legislative Operating Committee was motivated to develop this Law after hearing concerns from fellow Oneida Business Committee councilmembers and members of the community regarding issues and problems occurring in neighborhoods throughout the Reservation. B. Prohibition of Civil Infractions. This Law prohibits a person from committing a civil infraction. [3 O.C. 309.4-4]. The Law then goes on to provide details on what constitutes various civil infractions and organizes each civil infraction into different categories. The following constitutes the organization of the civil infractions:  Civil Infractions Against Property [3 O.C. 309.5].  Damage to Property;  Reckless Damage or Destruction;  Trespass;  Theft;  Retail Theft;  Loitering;  Fraud; and  Negligent Handling of Burning Material.  Civil Infractions Against the Peace [3 O.C. 309.6].  Disorderly Conduct;  Carrying a Prohibited Weapon;  Gang Related Activity;  Throwing or Shooting Projectiles;  Obstructing Streets and Sidewalks;  Nuisance;  Maintaining a Chronic Nuisance House; and  Interfering with Lawful Arrest or Resisting Arrest.  Civil Infractions Against Government [3 O.C. 309.7].  Disrupting a Meeting or Government Function;  Breach of Confidentiality; and  Threatening an Official.  Civil Infractions Against the Person [3 O.C. 309.8].  Assault;  Harassment;  Abuse of Individuals at Risk; and  Truancy.  Civil Infractions Involving Alcohol, Tobacco, and Drugs [3 O.C. 309.9].  Public Intoxication;  Unauthorized Alcohol Beverage;  Underage Possession of Alcohol;  Furnishing Alcohol Beverages to Minors;  Underage Possession of Tobacco;  Furnishing Tobacco to Minors;  Misrepresentation of Identification Card;  Possession of Prohibited Drugs; Page 5 of 10 29 of 155 Analysis to Draft 3 for OBC Consideration 2021 09 01 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219  Manufacturing Prohibited Drugs;  Maintaining a Drug House; and  Determination of a Prohibited Drug.  Civil Infractions Affecting Health and Safety [3 O.C. 309.10].  Littering;  Unsightly Areas;  Depositing Human Waste; and  Exposure of a Communicable or Infectious Disease. C. Enforcement. The Oneida Police Department is delegated the authority to investigate complaints involving civil infractions under this Law, and to issue citations for violations of this Law. [3 O.C. 309.4-3(a)-(b), 309.11-1]. A citation issued for a violation of this Law is required to be processed in accordance with the process and procedure contained in the Nation’s Citations law. [3 O.C. 309.111(b)]. Once an Oneida Police Department Officer issues a citation, the Trial Court then has jurisdiction over any action brought under this Law. [3 O.C. 309.4-1]. A citation for a violation of this Law and/or any orders issued pursuant to this Law may include fines and other penalties, as well as conditional orders made by the Trial Court. [3 O.C. 309.11-1(a)]. All matters decided by the Trial Court shall be proven by clear and convincing evidence. [3 O.C. 309.4-2]. The Citations law requires that this standard of proof be used. [8 O.C. 807.6-2(a)]. Clear and convincing evidence means that the person filing the complaint must provide evidence indicating that the allegation to be proved is highly probable or reasonably certain. This is a greater burden than “preponderance of the evidence” standard, which is the standard used in most civil trials, but a lesser burden than “beyond a reasonable doubt” standard, which is used for criminal trials. The Trial Court is then responsible for determining that a violation of this Law has occurred, and if so, imposing a penalty on the individual. [3 O.C. 309.11-2]. D. Penalties. Upon a finding by the Trial Court that a violation of this Law has occurred, an individual may be subject to the following penalties:  Fines. An individual may be ordered to pay a fine as a result of a violation of this Law. The Oneida Business Committee is given the responsibility to adopt through resolution a citation schedule which sets forth specific fine amounts for violations of this Law. [3 O.C. 309.11-2(a)]. The Law then goes on to provide details as to who fines should be paid to, and the deadline for paying a fine. [3 O.C. 309.11-2(a)(1)-(2)]. If an individual does not pay his or her fine within the required timeframe, the Trial Court may seek to collect the money owed through the Nation’s garnishment and/or per capita attachment process or any other collection process available to the Trial Court. [3 O.C. 309.11-2(a)(3)].  Community Service. An individual may be ordered to perform community service, which can be used in lieu of, or in addition to, a fine. [3 O.C. 309.11-2(b)]. The Law then goes on to provide how community service assignments will be approved, what information the community service order is required to contain, and how the community service assignment will be monitored. [3 O.C. 309.11-2(b)(1)-(3)].  Counseling and/or other programs. An individual may be ordered to participate in counseling and/or any other program relevant and available to the Nation. [3 O.C. 309.11-2(c)].  Restitution. An individual may be ordered to pay restitution, which may include the repayment of any improperly received benefit, or any other payment which is intended to make another whole after suffering losses as a result of the actions of the individual. [3 O.C. 309.11-2(d)]. The Trial Court is delegated the authority to determine an appropriate amount of restitution to be paid for the Page 6 of 10 30 of 155 Analysis to Draft 3 for OBC Consideration 2021 09 01 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 theft or damage of any venerated object, which may be higher than the monetary value of the venerated object due to its venerated status. [3 O.C. 309.11-2(d)(1)].  Any other penalty as deemed appropriate by the Trial Court. The Trial Court is given discretion and flexibility to utilize any other penalty that may be deemed appropriate based on the facts and details of each specific case. [3 O.C. 309.11-2(e)]. E. Interaction with the Comprehensive Housing Division. An Oneida Police Department officer is required to provide notice of a citation to the Oneida Law Office attorney assigned to the Comprehensive Housing Division if the citation was issued to an individual located at a property rented or leased through the Comprehensive Housing Division. [3 O.C. 309.11-1(c)]. Any information or reports shared by the Oneida Police Department officer with the Oneida Law Office attorney shall remain confidential as agreed upon between the Oneida Law Office and the Oneida Police Department Chief of Police. Id. The purpose of this provision is to promote communication between the Oneida Police Department and the Comprehensive Housing Division, and recognize that the Comprehensive Housing Division has its own enforcement mechanisms, that although separate from the process and procedures contained in this Law, may be triggered when an individual who they hold a lease or rental agreement with violates this Law and receives a citation. 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 SECTION 6. EXISTING LEGISLATION A. Related Legislation. The following laws of the Nation are related to this Law:  Citations law. The Citations law provides a consistent process for handling citations of the Nation in order to ensure equal and fair treatment to all persons who come before the Judiciary to have their citations resolved. [8 O.C. 807.1-2]. The Citations law provides how a citation action is started – such as who has the authority to issue a citation, the requirements of the form of the citation, and how a citation is served and filed; stipulations for the settlement of a citation; and the citation hearing procedures. [8 O.C. 807].  This Law provides that a citation for a violation of this Law shall be processed in accordance with the procedure contained in the Nation’s laws and policies governing citations. [3 O.C. 302.10-2]. The Citations law is the Nation’s law governing citations.  Any citations issued by the Oneida Police Department for a violation of this Law must comply with the requirements and procedures of the Citations law. [3 O.C. 309.111(b)].  Garnishment Law. The Garnishment law allows the Nation to exercise its authority to provide an effective mechanism for creditors to access an employee’s income for reduction of personal debt. [2 O.C. 204.1-1]. Garnishment of an individual’s income to collect debt owed to an entity of the Nation is allowed under the Garnishment law. [2 O.C. 204.6].  If an individual is ordered to pay a fine in accordance with this Law and does not pay according to the deadline, the Trial Court may seek to collect that fine through the Nation’s garnishment process. [3 O.C. 309.11-2(a)(3)].  Per Capita Law. The Per Capita law specifies the procedure to be followed in the event that per capita payments are distributed by the Nation and states the responsibilities of the various Oneida entities in the distribution or maintenance of any such per capita payments. [1 O.C. 123.1-1]. The Per Capita law allows per capita payments to be subject to attachment prior to distribution for debt owed to an Oneida entity. [1 O.C. 123.4-9, 123.4-9(a)(2)]. Page 7 of 10 31 of 155 Analysis to Draft 3 for OBC Consideration 2021 09 01 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305    If an individual is ordered to pay a fine in accordance with this Law and does not pay according to the deadline, the Trial Court may seek to collect that fine through the Nation’s per capita attachment process. [3 O.C. 309.11-2(a)(3)]. Leasing Law. The Leasing law sets out the Nation’s authority to issue, review, approve and enforce leases. [6 O.C. 602.1-1]. The Leasing law delegates all powers necessary and proper to the Comprehensive Housing Division to enforce the lease terms, the Leasing law and any rules developed pursuant to the Leasing law. [6 O.C. 602.11-1]. If a lessee or other party causes or threatens to cause immediate and significant harm to the premises, or undertakes criminal activity thereon, the Comprehensive Housing Division may take appropriate emergency action, which may include cancelling the lease and/or securing judicial relief. [6 O.C. 602.11-2].  If an individual commits a civil infraction under this Law, his or her violations of this Law may be used as a basis of lease enforcement action by the Comprehensive Housing Division. Eviction and Termination Law. The Eviction and Termination law provides consistent procedures relating to the Nation’s rental and leasing programs for terminating a contract and/or evicting an occupant which affords the applicant due process and protects all parties involved. [6 O.C. 610.11]. The Eviction and Termination law provides that an owner may terminate the contract prior to the contract term and evict the occupant if the occupant is alleged to have violated any applicable law or rule of the Nation, or is alleged to have committed one or more nuisance activities. [6 O.C. 610.5-1(b)-(c)].  If an individual commits a civil infraction under this Law, his or her violations of this Law may be used as a basis of eviction or termination of a contract action by the Comprehensive Housing Division.  Zoning and Shoreland Protection Law. One purpose of the Zoning and Shoreland Protection law is to prevent persons from using or maintaining their property in any manner which endangers the public’s health, safety or welfare; limits the use or enjoyment of neighboring property; or causes or tends to cause diminution of the value of the property of others in the area in which such property is located. [6 O.C. 605.6-12]. The Zoning and Shoreland Protection law provides that it shall be unlawful to make, continue or cause to be made or continued, any noise in excess of the noise levels set forth by the law unless such noise is reasonably necessary for the preservation of life, health, safety or property. [6 O.C. 605.6-12(d)]. The Zoning and Shoreland Protection law also prohibits any liquid, or solid wastes, or other adverse influences which have an objectionable effect upon adjacent or nearby property and provides that all noxious weeds and other rank growth of vegetation are a public nuisance. [6 O.C. 605.6-12(k)(l)].  Some of the civil infractions provided in this Law - such as disorderly conduct, littering or unsightly areas - are similar to public nuisances identified and prohibited by the Zoning and Shoreland Protection law.  The Zoning and Shoreland Protection law provides authority to the Zoning Administrator to take enforcement action against an individual for a violation of the law, with the Land Commission as the ultimate authority who would hear any appeals of the Zoning Administrator’s decisions. This Law delegates authority to the Oneida Police Department to take enforcement action against an individual for a violation of Page 8 of 10 32 of 155 Analysis to Draft 3 for OBC Consideration 2021 09 01 306 307 308 309 310 311 312 313 314 315 this Law, with the ultimate authority over the matter delegated to the Nation’s Trial Court.  This Law and the Zoning and Shoreland Protection law may govern similar subject matters, but they have separate enforcement procedures, so it can be said that these laws have concurrent jurisdiction. This means that one act by an individual could result in a violation of both the Zoning and Shoreland Protection law and this Law at the same time. For example, if a person is making excessive noise on their property, they can receive a citation for disorderly conduct from an Oneida Police Department under the Public Peace law while simultaneously receiving written notice for compliance or a fine from the Zoning Administrator under the Zoning and Shoreland Protection law. 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS A. Effect on Existing Rights. An individual who is issued a citation for a violation of this Law has due process protections under the Citations law. The Citations law protects due process rights by:  Requiring that all citations be properly noticed and served on the defendant, including a notice of the defendant’s rights and privileges, hearing dates and information [8 O.C. 807.4-3, 807.4-4];  Ensuring that defendants have the right to contest their citations in the Nation’s Judiciary [8 O.C. 807.6-1];  Establishing a formal process for stipulations that require defendants to acknowledge that they are waiving their rights to contest the citation in court and sign a statement that they enter into the agreement free of duress and coercion [8 O.C. 807.5]; and  Providing an opportunity for a defendant to appeal the Trial Court or Family Court’s decision to the Nation’s Court of Appeals in accordance with the Rules of Appellate Procedure. [8 O.C. 807.63]. SECTION 8. ENFORCEMENT AND ACCOUNTABILITY A. Enforcement. The Oneida Police Department is delegated enforcement authority under this Law.  The Oneida Police Department has the authority to investigate complaints involving civil infractions under this Law, and to issue citations for violations of this Law. [3 O.C. 309.4-3(a)-(b), 309.11-1]. B. Citation Schedule Resolution. The Oneida Business Committee is delegated the authority to adopt through resolution a citation schedule which sets forth specific fine amounts for violations of this Law. [3 O.C. 30309.11-2(a)]. SECTION 9. OTHER CONSIDERATIONS A. Public Peace Law Citation Schedule. This Law provides that the Oneida Business Committee shall hereby be delegated the authority to adopt through resolution a citation schedule which sets forth specific fine amounts for violations of this Law. [3 O.C. 309.11-2(a)]. A citation schedule will need to be developed and adopted.  Conclusion. The Legislative Operating Committee has worked with the Oneida Law Office and Oneida Police Department to develop a citation schedule resolution that will be presented to the Oneida Business Committee for consideration at the time the adoption of this Law is considered. Page 9 of 10 33 of 155 Analysis to Draft 3 for OBC Consideration 2021 09 01 348 B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all 349 legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC350 10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures 351 Act,” provides further clarification on who the Legislative Operating Committee may direct complete 352 a fiscal impact statement at various stages of the legislative process, as well as timeframes for 353 completing the fiscal impact statement. 354  Conclusion. The Legislative Operating Committee received a fiscal impact statement for the 355 proposed Law from the Finance Department on August 17, 2021. The fiscal impact statement had 356 an indeterminate conclusion. 357 Page 10 of 10 34 of 155 Draft 3 for OBC Consideration 2021 09 01 Title 3. Health & Public Safety - Chapter 309 PUBLIC PEACE 309.1. Purpose and Policy 309.2. Adoption, Amendment, Repeal 309.3. Definitions 309.4. Jurisdiction and Authority 309.5. Civil Infractions Against Property 309.6. Civil Infractions Against the Peace 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 309.7. Civil Infractions Against Government 309.8. Civil Infractions Against the Person 309.9. Civil Infractions Involving Alcohol, Tobacco, and Drugs 309.10. Civil Infractions Affecting Health and Safety 309.11. Enforcement and Penalties 309.1. Purpose and Policy 309.1-1. Purpose. The purpose of this law is to set forth community standards and expectations which preserve the peace, harmony, safety, health, and general welfare of individuals who live within the boundaries of the Reservation. 309.1-2. Policy. It is the policy of the Nation to promote peace and order within the boundaries of the Reservation while also providing an orderly process for addressing civil infractions that occur. 309.2. Adoption, Amendment, Repeal 309.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__. 309.2-2. This law may be amended or repealed by the Oneida Business Committee or General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 309.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 309.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 309.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 309.3. Definitions 309.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Adult at risk” means any adult who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation. (b) “Alcohol beverage” means a fermented malt beverage and any intoxicating liquor. (c) “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition. (d) “Child” means a person who has not attained the age of eighteen (18) years. (e) “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective of size, shape and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any material, except where such wrapper is wholly or in the greater part made of natural leaf tobacco in its natural state. (f) “Drug paraphernalia” means any equipment, product, object or container used or intended for use to cultivate, plant, maintain, manufacture, package or store a prohibited 3. O.C. 309 – Page 1 35 of 155 Draft 3 for OBC Consideration 2021 09 01 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 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 36 of 155 Draft 3 for OBC Consideration 2021 09 01 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 (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 37 of 155 Draft 3 for OBC Consideration 2021 09 01 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 (a) damages or destroys the property of the owner; (b) tampers with property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; (c) makes markings, including inscriptions, slogans, drawings, or paintings on the property of the owner; or (d) alters, defaces, or damages in any way property owned by the Nation. 309.5-2. Reckless Damage or Destruction. A person commits the civil infraction of reckless damage or destruction if without the consent of the owner he or she recklessly damages or destroys the property of the owner. 309.5-3. Trespass. A person commits the civil infraction of trespass if he or she: (a) enters or remains on private property or Tribal property without consent and he or she: (1) had notice that the entry was forbidden; or (2) received notice or order to depart but failed to do so. (b) Notice. Notice or an order to depart may be given by: (1) written or verbal communication given to the intruder by an Oneida Police Department officer, the owner of the property, or a person authorized to act on behalf of the owner; (2) written notice posted on or about the property in a manner reasonably likely to come to the attention of potential intruders; or (3) fences, barricades, or other devices manifestly designed to enclose the property and to exclude potential intruders. 309.5-4. Theft. A person commits the civil infraction of theft is he or she: (a) obtains, exercises control over, or conceals anything of value of another without the consent of the owner; or (b) having lawfully obtained possession for temporary use of the property, deliberately and without consent, fails to return or reveal the whereabouts of said property to the owner, his or her representative or the person from which he or she has received it with the intent to permanently deprive the owner of its use and benefit. 309.5-5. Retail Theft. A person commits the civil infraction of retail theft if he or she without the merchant's consent and with intent to deprive the merchant permanently of possession or the full purchase price of the merchandise or property: (a) intentionally alters indicia of price or value of merchandise held for resale by a merchant or property of a merchant; (b) intentionally takes and carries away merchandise held for resale by a merchant or property of a merchant; (c) intentionally transfers merchandise held for resale by a merchant or property of a merchant; (d) intentionally conceals merchandise held for resale by a merchant or property of a merchant; (e) intentionally retains possession of merchandise held for resale by a merchant or property of a merchant; (f) while anywhere in the merchant's premises, intentionally removes a theft detection device from merchandise held for resale by a merchant or property of a merchant; (g) uses, or possesses with intent to use, a theft detection shielding device to shield merchandise held for resale by a merchant or property of merchant from being detected by an electronic or magnetic theft alarm sensor; or 3. O.C. 309 – Page 4 38 of 155 Draft 3 for OBC Consideration 2021 09 01 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 (h) uses, or possesses with intent to use, a theft detection device remover to remove a theft detection device from merchandise held for resale by a merchant or property of a merchant. 309.5-6. Loitering. A person commits the civil infraction of loitering if he or she loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. (a) Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person: (1) takes flight upon appearance of an Oneida Police Department Officer; (2) refuses to identify himself or herself or manifestly endeavors to conceal himself or herself or any object; or (3) refuses to leave the premises after being requested to move by an Oneida Police Department officer or by any person in authority at such place. 309.5-7. Fraud. A person commits the civil infraction of fraud if, to obtain property, money, gain, advantage, interest, asset, or services for himself or herself or another he or she: (a) makes a materially false or misleading statement which he or she knows to be untrue or makes a remark with reckless disregard to the accuracy of the statement; (b) withholds information by misrepresentation or deceit; or (c) with intent to defraud or harm another, he or she destroys, removes, conceals, alters, substitutes or otherwise impairs the verity, legibility, or availability of a writing. 309.5-8. Negligent Handling of Burning Material. A person commits the civil infraction of negligent handling of burning material if he or she handles burning material in a highly negligent manner in which the person should realize that a substantial and unreasonable risk of serious damage to another person or another’s property is created. 309.6. Civil Infractions Against the Peace 309.6-1. Disorderly Conduct. A person commits the civil infraction of disorderly conduct if he or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance. A civil infraction of disorderly conduct may include, but is not limited to, the following behaviors: (a) fights with another person within the boundaries of the Reservation; (b) discharges a firearm or air gun that is prohibited; (c) makes or causes to be made any loud, disturbing or unnecessary sounds or noises which may annoy or disturb a person of ordinary sensibilities; (1) Between the hours of 10:00 p.m. and 6:00 a.m. any excessive noise shall be prohibited. (d) abuses or threatens a person on Tribal property in an obviously offensive manner; (e) lies or sleeps on any street, alley or sidewalk, or in any other Tribal property, or upon private property that he or she has no right to occupy; or (f) uses abusive, indecent, profane, or vulgar language in Tribal property, and the language by its very utterance tends to incite an immediate breach of the peace. 309.6-2. Carrying a Prohibited Weapon. A person commits the civil infraction of carrying a prohibited weapon if he or she bears or carries on or about his or her person, whether in the open or concealed, a weapon on Tribal property, including any buildings, gaming or retail business, facility, construction site, fleet vehicle, or at any event sponsored by the Nation. (a) Exceptions. An individual shall not be considered to have committed the civil infraction of carrying a prohibited weapon if he or she is actively engaged in: 3. O.C. 309 – Page 5 39 of 155 Draft 3 for OBC Consideration 2021 09 01 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 (1) the performance of the duties of his or her employment which requires a weapon to be carried, including sworn law enforcement officers or vendors who transport or distribute cash; (2) hunting, fishing, or trapping in accordance with the Nation’s laws and rules governing hunting, fishing, and trapping; or (3) cultural activities or ceremonies. 309.6-3. Gang Related Activity. A person commits the civil infraction of gang activity if he or she participates in any activity with a gang which: (a) creates an atmosphere of fear and intimidation in the community; (b) engages in acts injurious to the public health, safety, or morals of the Nation; or (c) engages in gang-focused illegal activity either individually or collectively. 309.6-4. Throwing or Shooting Projectiles. A person commits the civil infraction of throwing or shooting projectiles if he or she throws or shoots any object, stone, snowball, or other projectile by hand or by any other means, at any person, or at or into any building, street, sidewalk, alley, highway, park, playground or other public place. 309.6-5. Obstructing Streets and Sidewalks. A person commits the civil infraction of obstructing streets and sidewalks if he or she stands, sits, loafs, loiters, engages in any sport of exercise, or uses or maintains a motor vehicle on any public street, sidewalk, bridge, or public ground within the Reservation in such manner as to: (a) prevent or obstruct the free passage of pedestrian or vehicular traffic; (b) prevent or hinder free ingress to or egress from any place of business or amusement or any church, public building or meeting place; or (c) prevent the Nation from utilizing a snowplow or other maintenance equipment or vehicles. 309.6-6. Nuisance. A person commits the civil infraction of nuisance whenever he or she engages in a thing, act, occupation, condition or use of property which shall continue for such length of time as to: (a) substantially annoy, injure or endanger the comfort, health, repose or safety of the public; (b) in any way render the public insecure in life or in the use of property; or (c) greatly offend the public morals or decency. 309.6-7. Maintaining a Chronic Nuisance House. A person commits the civil infraction of maintaining a chronic nuisance house if he or she has three (3) or more police contacts occurring during a twelve (12) month period at the premises that he or she owns or occupies through a lease or rental agreement. 309.6-8. Interfering with Lawful Arrest or Resisting Arrest. A person commits the civil infraction of interfering with lawful arrest or resisting arrest if by force, violence or other means, he or she: (a) interferes, hinders or resists any Oneida Police Department officer in the performance of his or her official duties; (b) flees from any Oneida Police Department officer who is attempting to lawfully arrest or detain him or her; or (c) assists another to avoid a lawful arrest or harbors a fugitive. 309.7. Civil Infractions Against Government 309.7-1. Disrupting a Meeting or Government Function. A person commits the civil infraction of disrupting a meeting or government function if he or she: 3. O.C. 309 – Page 6 40 of 155 Draft 3 for OBC Consideration 2021 09 01 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 (a) conducts himself or herself in a manner intended to prevent or disrupt a lawful meeting held in any property owned or controlled by the Nation; (b) refuses or fails to leave any Tribal property upon being requested to do so by any official charged with maintaining order in such Tribal property; (c) willfully denies any official, employee or member of the Nation the lawful right of such person to enter, to use the facilities, or to leave any Tribal property; (d) at or in any Tribal property willingly impedes any official or employee in the lawful performance of his or her duties or activities through the use of restraint, coercion, intimidation or by force and violence or threat thereof; or (e) at any meeting or session conducted by any official of the Nation, held in any Tribal property; through the use of restraint, coercion, intimidation or by force and violence or threat thereof; willfully impedes, disrupts, or hinders the normal proceedings of such a meeting or session by any act of intrusion into the chamber or other areas designated for the use of the body or official to conduct such a meeting. 309.7-2. Breach of Confidentiality. A person commits the civil infraction of breach of confidentiality if he or she; (a) makes or disseminates any unauthorized audio or video recording within the designated meeting area of a General Tribal Council meeting, or executive session portion of a meeting of the Oneida Business Committee or any other board, committee, or commission of the Nation; or (b) disseminates any confidential meeting materials of the General Tribal Council, Oneida Business Committee, or any other board, committee, or commission of the Nation, including but not limited to, meeting packets and meeting minutes, to any individual not authorized to access the materials. 309.7-3. Threatening an Official. A person commits the civil infraction of threatening an official if he or she threatens to inflict serious injury against an official, a member of the official’s family, or the official’s property as a result of any action taken by the official in the course of his or her duties. 309.8. Civil Infractions Against the Person 309.8-1. Assault. A person commits the civil infraction of assault if he or she: (a) causes bodily harm to another; (b) threatens another with imminent bodily harm; (c) causes physical contact with another when the person knows or should reasonably believe that the other person will regard the contact as offensive or provocative; (d) uses or exhibits a weapon during the commission of the assault; or (e) forcibly assaults or intimidates any authorized law enforcement official lawfully discharging an official duty. 309.8-2. Harassment. A person commits the civil infraction of harassment if, with intent to harass, alarm, abuse, or torment another he or she: (a) initiates communication in person, by telephone, in writing, or through any means of electronic communication and in the course of the communication makes a comment, request, suggestion or proposal that is obscene or false; (b) threatens, in person, by telephone, in writing, or through any means of electronic communication in a manner reasonably likely to alarm the person receiving the threat, to inflict serious injury against the person, a member of his or her family, or his or her property; 3. O.C. 309 – Page 7 41 of 155 Draft 3 for OBC Consideration 2021 09 01 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 (c) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aa6d7526751cb4af6. Public record. Not legal advice.