Oneida Business Committee (2025)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

REVISED

Business Committee Conference Room - 2nd Floor Norbert Hill Center

February 5, 2025

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. January 15, 2025 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Oneida Law Enforcement Ordinance Amendments (pg. 4)

2. Landlord Tenant Law Amendments (pg. 46)

IV.

New Submissions

1. Lavish and Extravagant Trip and Gratuities Law (pg. 73)

2. Ten Day Notice Policy Amendments (pg. 92)

Additions

VI.

Administrative Updates

1. Legislative Operating Committee Fiscal Year 2025 First Quarter Report (pg. 93)

2. Certification of Real Property Law Rule No. 1 – Land Assessments for the Nation’s

Decisionmakers to Build an Autonomous Community (pg. 102)

3. Certification of Real Property Law Rule No. 2 – Land Use Licenses (pg. 127)

4. Spring LOC Community Meeting Notice (pg. 150)

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

OODDDO

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

January 15, 2025

9:00 a.m.

Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Jennifer Webster, Marlon Skenandore

Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz

Others Present on Microsoft Teams: Carl Artman, Carrie Lindsey, David P. Jordan, Eric

Boulanger, Shannon Stone, Justin Nishimoto, Katsitsiyo Danforth, Kristal Hill, Mark A. Powless

Sr., Mark Powless, Sarah White, Maureen Perkins, Michelle Braaten, Rae Skenandore, Ronald

Vanschyndel, Trina Schuyler, Brooke Doxtator, Michelle Tipple, Eric McLester, Fawn Cottrell,

Mae Cornelius, Matt Denny

Call to Order and Approval of the Agenda

Jameson Wilson called the January 15, 2025, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jonas Hill to approve the agenda; seconded by Marlon Skenadore. Motion

carried unanimously.

II.

Minutes to be Approved

1. December 18, 2024 LOC Meeting Minutes

Motion by Kirby Metoxen to approve the December 18, 2024 LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Jonas Hill. Motion carried

unanimously.

III.

Current Business

1. Oneida Life Insurance Plan Law Amendments

Motion by Marlon Skenandore to approve the adoption packet for the Oneida Life

Insurance Plan law amendments and forward to the Oneida Business Committee for

consideration; seconded by Jonas Hill. Motion carried unanimously.

2. Petition S. Benton – Move Oneida Nation Arts Program under Tourism or

Community Development

Motion by Marlon Skenandore to accept the statement of effect for the Petition: S. Benton

– Move Oneida Nation Art Program under Tourism or Community Development with

noted change and forward to the Oneida Business Committee; seconded by Kirby Metoxen.

Motion carried unanimously.

GOOOQO;

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

Legislative Operating Committee Meeting Minutes of January 15, 2025

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3. Oneida Nation Law Enforcement Ordinance Amendments

Motion by Jonas Hill to approve the updated draft and legislative analysis for the Oneida

Nation Law Enforcement Ordinance amendments; seconded by Marlon Skenandore.

Motion carried unanimously.

IV.

New Submissions

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Adjourn

Motion by Kirby Metoxen to adjourn at 9:19 a.m.; seconded by Marlon Skenandore.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of January 15, 2025

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

February 5, 2025

Oneida Nation Law Enforcement

Ordinance Amendments

Submission Date: 9/17/14

LOC Sponsor: Jonas Hill

Public Meeting: n/a

Emergency Enacted: n/a

Summary: This item was carried over from the previous three terms. The item was originally

added to the Active Files List per the request of the Oneida Police Department and the Oneida

Law Office that clarification be added to the law regarding whether the Nation’s Conservation

wardens qualify as sworn officers.

9/17/14 LOC: Motion by Jennifer Webster to add Law Enforcement Ordinance Amendments – Conservation

Officers to the Active Files List; seconded by Tehassi Hill. Motion carried unanimously. Note:

Tehassi Hill will be the sponsor for this item.

10/10/16:

Quarterly Sponsor Update Meeting held. Present: Tehassi Hill, Maureen Perkins, Tani

Thurner, Clorissa Santiago, Krystal John. No new updates.

9/6/17 LOC:

Motion by Jennifer Webster to add Law Enforcement Ordinance Amendments – Conservation

Officers to the active files list with Ernie Stevens III as the sponsor; seconded by Daniel

Guzman King. Motion carried unanimously.

11/1/17 LOC: Motion by Kirby Metoxen approve the 60-day active files list update and continue development

of all the items on the active files list; seconded by Ernie Stevens III. Motion carried

unanimously.

10/7/20 LOC: Motion by Kirby Metoxen to add the Law Enforcement Ordinance Amendments to the Active

Files List with Jennifer Webster as the sponsor; seconded by Daniel Guzman King. Motion

carried unanimously.

12/09/21:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Kristal Hill,

Rhiannon Metoxen, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen. This was a work

meeting held through Microsoft Teams. The purpose of the meeting was to have the LOC

review a first draft of amendments to the Oneida Law Enforcement Ordinance. For purposes

of efficiency, amendments to the Ordinance should be developed and adopted simultaneous

with the ONGO amendments; specifically, as they relate to the transition of the Security

Department (as set forth in ONGO) from under the Oneida Police Department to under a

Public Safety Commission, which will be created through re-establishment of the Oneida

Police Commission via amendments to this Ordinance. The next step is for the drafting

attorney to meet with the heads of the Police Department and Conservation Department to

discuss the aforementioned transition.

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12/15/21:

Work Meeting. Present: David Jordan, Marie Summers, Daniel Guzman-King, Jennifer

Webster, Kristal Hill, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen. This was a work

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

scheduled for December 21, 2021 with the heads of the Oneida Police Department and

Conservation Department to discuss the transition of the Conservation Department from under

the Police Department to under a re-established Oneida Police Commission to be renamed the

Public Safety Commission.

12/21/21:

Work Meeting. Present: David Jordan, Marie Summers, Daniel Guzman-King, Joel Maxam,

Eric Boulanger, Shad Webster, Terry Metoxen, Nicole Rommel, Kristal Hill, Rhiannon

Metoxen, Kristen Hooker, Carmen Vanlanen. This was a work meeting held through

Microsoft Teams. The purpose of the meeting was to discuss amendments to the Oneida Law

Enforcement Ordinance as they relate to the oversight of the Conservation Department. The

next step is for the Police Department and Conservation Department to forward their policies/

protocols to the LRO so that it may review them in anticipation of discussing the issue in more

depth with the LOC.

1/28/22:

Work Meeting. Present: Richard VanBoxtel, Jeanette Ninham, Kristen Hooker, Carmen

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

meeting was to hear from members of the Oneida Police Commission in regards to the

proposal to reorganize the Commission, as well as the Conservation Department, in a manner

that better suits the Nation and its members.

6/23/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Summers, Clorissa N.

Santiago, Carolyn Salutz, Grace Elliott, Rhiannon Metoxen, Kristal Hill. This was a work

meeting held through Microsoft Teams. The purpose of the meeting was to clarify some

drafting questions to provide greater direction as to the drafting of potential amendments to

the Law.

7/6/22:

Work Meeting. Present: Kirby Metoxen, Marie Summers, Daniel Guzman King, Clorissa N.

Santiago, Carolyn Salutz, Grace Elliott, Kristal Hill, Eric Boulanger, Joel Maxam. Terry

Metoxen, Kelly McAndrews. This was a work meeting held through Microsoft Teams. The

purpose of the meeting was to begin discussing potential amendments to the Law.

8/3/22:

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

King, Clorissa N. Santiago, Carolyn Salutz, Grace Elliott, Kristal Hill, Rhiannon Metoxen.

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

discuss an e-mail received from Attorney Kelly McAndrews providing that the Oneida Law

Office and Oneida Police Department no longer support the creation of a Public Safety

Commission that would oversee the Security Department in addition to the Police Department.

9/19/22:

Work Meeting. Present: Kirby Metoxen, Marie Summers, Daniel Guzman King, Jennifer

Webster, Clorissa N. Santiago, Carolyn Salutz, Kristal Hill, Eric Boulanger, Joel Maxam,

Richard VanBoxtel, Kelly McAndrews, Katsitsiyo Danforth. This was a work meeting held

through Microsoft Teams. The purpose of the meeting was to discuss a memorandum from

OPD, Law Office, and Security regarding some concerns with including Security within the

Law Enforcement Ordinance, as well as additional areas within the Law Enforcement

Ordinance that will need amending.

9/21/22:

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

King, Jennifer Webster, Clorissa N. Santiago, Carolyn Salutz, Rhiannon Metoxen, Grace

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

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was to follow up on the September 19, 2022, work meeting and make a final determination as

to whether to move forward with the development of the Public Safety Commission.

10/3/22:

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

King, Jennifer Webster, Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Kristal Hill,

Katsitsiyo Danforth, Louise Cornelius. This was a work meeting held through Microsoft

Teams. The purpose of the meeting was to discuss with the Gaming General Manager, Gaming

maintaining some responsibilities over the Security Department even after it moves to under

the Public Safety Commission.

10/4/23 LOC: Motion by Jennifer Webster to add the Law Enforcement Ordinance Amendments to the Active

Files List with Jonas Hill as the sponsor; seconded by Jonas Hill. Motion carried unanimously.

3/6/24:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Marlon

Skenandore, Jonas Hill, Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Joel Maxam,

Brandon Vandehei, Maureen Perkins, Kristal Hill. The purpose of this work meeting was to

review the Oneida Nation Law Enforcement Ordinance and discuss potential amendments.

3/28/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore, Kirby

Metoxen, Jonas Hill, Clorissa Leeman, Kristal Hill, Grace Elliott, Carolyn Salutz. The purpose

of this work meeting was to discuss the removal of “sergeant” from section 301.5-3(d) of the

law.

4/19/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Marlon Skenandore,

Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Joel Maxam, Brandon Vandehei, Dan

Skenandore, Fawn Cottrell, Katsitsiyo Danforth, Maureen Perkins. The purpose of this work

meeting was to review the updated draft of the proposed amendments to the Oneida Nation

Law Enforcement Ordinance.

6/7/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Kirby Metoxen,

Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Brandon Vandehei, Richard VanBoxtel,

Katsitsiyo Danforth, Carolyn Salutz, Kristal Hill, Maureen Perkins. The purpose of this work

meeting was to review the updated draft of the proposed amendments to the Oneida Nation

Law Enforcement Ordinance, and specifically obtain the input of the Oneida Police

Commission.

7/26/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman,

Maureen Perkins, Richard VanBoxtel, Eric Boulanger. The purpose of this work meeting was

to review some final topics in the Oneida Law Enforcement Ordinance draft – particularly

looking at section 301.6-4 so we can have some discussion on what responsibilities the

Commission should have over the Department so it best reflects current practice.

9/4/24 LOC:

Motion by Jonas Hill to approve the draft of the proposed amendments to the Oneida Law

Enforcement Ordinance and direct that a legislative analysis be completed; seconded by Kirby

Metoxen. Motion carried unanimously.

9/4/24:

OBC Officers Meeting. Present: Jameson Wilson, Jonas Hill, Clorissa Leeman, Lisa Liggins,

Lisa Summers, Lawrence Barton, Danelle White, Tehassi Hill, Brandon Yellowbird-Stevens.

Members of the LOC were called into the OBC Officers’ meeting to discuss the progress of

the Oneida Law Enforcement Ordinance amendments and the future placement of the Internal

Security Department. Some Officers expressed concern with placing the Internal Security

Department under the future Oneida Public Safety and Security Commission and asked for

reconsideration of the idea to place the Internal Security Department under the Gaming General

A good

mind. A good heart. A strong fire.

Manager. The LOC provided they would take this into

consideration.

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9/4/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen, Marlon

Skenandore, Clorissa Leeman, Carolyn Salutz, Fawn Cottrell, Kristal Hill, Maureen Perkins,

Fawn Billie. The purpose of this work session was to consider the request made from the OBC

Officers. LOC decided to hold one more work session with the larger work group to consider

the Officers’ request for reconsideration of the placement of the Internal Security Department

under the Gaming General Manager.

10/8/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Marlon

Skenandore, Clorissa Leeman, Eric Boulanger, Joel Maxam, Kristal Hill, Maureen Perkins,

Reynold Danforth, Katsitsiyo Danforth, Mark Powless, Jeremy King, Fawn Cottrell, Michelle

Braaten. The purpose of this work meeting was to have one final discussion on the placement

of the Internal Security Department with the broader work team before the draft of the proposed

amendments to the Oneida Law Enforcement Ordinance continues moving through the

legislative process.

10/9/24:

Phone Call. Present: Clorissa Leeman, Kelly McAndrews. The purpose of this phone call was

to collect Attorney Kelly McAndrew’s insight on the placement of the Internal Security

Department, since she was unable to attend the work meeting yesterday.

10/18/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Clorissa Leeman, Grace Elliott, Kristal

Hill, Maureen Perkins, Fawn Cottrell, Fawn Billie. The purpose of this work meeting was to

discuss the placement of the Internal Security Department after the information collected

during out last work meeting.

10/24/24:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Clorissa Leeman, Grace

Elliott, Carolyn Salutz, Maureen Perkins, Kristal Hill, Fawn Cottrell. The purpose of this work

meeting was to discuss and make a decision as to where the Internal Security Department

should be placed within the organization, and if any changes to the proposed amendments to

the law need to be developed.

1/15/25 LOC: Motion by Jonas Hill to approve the updated draft and legislative analysis for the Oneida Nation

Law Enforcement Ordinance amendments; seconded by Marlon Skenandore. Motion carried

unanimously.

Next Steps:

 Approve the public meeting packet for the amendments to the Oneida Nation Law Enforcement

Ordinance and forward to a public meeting to be held on March 14, 2025.

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

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ONEIDA NATION PUBLIC MEETING NOTICE

FRIDAY, MARCH 14, 2025, 12:15 pm

Find Public MeeƟng Materials at

Oneida‐nsn.gov/government/register/public mee ngs

Send Public Comments to

Norbert Hill Center-Business Committee Conference Room

N7210 Seminary Rd., Oneida, Wisconsin

LOC@oneidana on.org

Ask QuesƟons here

LOC@oneidana on.org

920‐869‐4417

ONEIDA NATION LAW ENFORCEMENT ORDINANCE AMENDMENTS

The purpose of the Oneida Nation Law Enforcement Ordinance is to regulate the conduct of

the Nation’s law enforcement personnel according to the highest professional standards.

The Oneida Nation Law Enforcement Ordinance amendments will:

 Change what positions in the Oneida Police Department are required to be held by enrolled members of the Nation.

 Allow for the sworn oath of a law enforcement officer to take place at a special Oneida

Business Committee meeting, or at an alternative time and location as determined by

the Oneida Business Committee Secretary, in addition to at a regular Oneida Business

Committee meeting.

 Expand the Oneida Police Commission into the Oneida Public Safety and Security

Commission, which will oversee the Internal Security Department and any other safety

operation department of the Nation, in addition to the Oneida Police Department

 Revise the eligibility qualifications and responsibilities for Oneida Public Safety and

Security Commission members.

 Update the disciplinary proceedings for law enforcement officers.

 And make other drafting change to the law.

Individuals may attend the public meeting for the proposed Oneida Nation Law Enforcement

Ordinance amendments in person at the Norbert Hill Center, or virtually through Microsoft

Teams. If you wish to attend the public meeting through Microsoft Teams please contact

LOC@oneidanation.org.

PUBLIC COMMENT PERIOD CLOSES FRIDAY, MARCH 21, 2025

During the public comment period, anyone may submit written comments, questions or input. Comments may be submitted to the Oneida

Nation Secretary’s Office or the Legislative Reference Office in person,

by U.S. mail, interoffice mail, or e-mail.

For more information on the proposed Oneida Nation Law Enforcement Ordinance amendments please review

the public meeting packet at oneida-nsn.gov/government/register/public meetings.

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Analysis to Draft 2 – PM Draft

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ONEIDA NATION LAW ENFORCEMENT

ORDINANCE AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Analysis by the Legislative Reference Office

 Include a new provision providing the policy of the Nation in regard to

this law. [3 O.C. 301.1-2];

 Provide that law enforcement operations can take place outside the

Reservation when the operations occur pursuant to any other

jurisdictional exception that may exist for law enforcement officers. [3

O.C. 301.4-2(c)];

 Remove the Police Sergeant the positions in the Oneida Police

Department that are required to be held by enrolled members of the

Nation. [3 O.C. 301.5-1(a)];

 Require that upon the removal of a Police Chief, in addition to the

retirement or resignation, the Oneida Police Commission shall appoint

an interim Police Chief. [3 O.C. 301.5-2(b)(4)];

 Clarify that to the extent that Federal Tort Claims Act coverage does not

apply, the Nation shall provide professional liability insurance for all

law enforcement officers. [3 O.C. 301.5-4];

 Allow for the sworn oath of a law enforcement officer to take place at a

special Oneida Business Committee meeting, or at an alternative time and

location as determined by the Oneida Business Committee Secretary, in

addition to at a regular Oneida Business Committee meeting. [3 O.C.

301.5-6];

 Expand the Oneida Police Commission into the Oneida Public Safety

and Security Commission, which will oversee the Internal Security

Department and any other safety operation department of the Nation, in

addition to the Oneida Police Department. [3 O.C. 301.6];

 Revise the eligibility qualifications for Oneida Public Safety and Security

Commission members. [3 O.C. 301.6-3];

 Revise the responsibilities of the Oneida Public Safety and Security

Commission in regard to the Oneida Police Department. [3 O.C. 301.64];

 Provide that the responsibilities of the Oneida Public Safety and Security

Commission in regard to the Internal Security Department or any other

safety operation department of the Nation shall be provided for in the

Oneida Public Safety and Security Commission bylaws. [3 O.C. 301.65)];

 Revise the disciplinary proceedings for law enforcement officers. [3 O.C.

301.9];

 Move all provisions regarding the use of firearms to section 301.11 of the

Law, and provide that the Oneida Police Department may allow law

enforcement use of service firearms in order to protect life, liberty,

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Analysis to Draft 2 – PM Draft

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Purpose

Affected Entities

Public Meeting

Fiscal Impact

property, land, and premises, according to the usual and current accepted

law enforcement standards. [3 O.C. 301.11-1]; and

 Make other minor drafting changes throughout the Law.

The purpose of this law is to regulate the conduct of the Nation’s law

enforcement personnel according to the highest professional standards. [3

O.C. 301.1-1].

Oneida Police Department, Oneida Police Commission

A public meeting will be held on March 14, 2025.

A fiscal impact statement has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Oneida Nation Law Enforcement Ordinance (“the Law”) was originally adopted by

the Oneida Business Committee in 2001 through resolution BC-10-10-01-C. The purpose of the Law

is to regulate the conduct of the Nation’s law enforcement personnel according to the highest

professional standards. [3 O.C. 301.1-1]. It is the policy of the Nation to ensure that the law

enforcement personnel operates at the highest level of professional standards to ensure the safety and

welfare of the community. [3 O.C. 301.1-2].

B. Request for Amendments. The request for amendments to the Law originally came before the

Legislative Operating Committee in 2014 from the Oneida Police Department and the Oneida Law

Office for clarification on whether Conservation wardens qualified as sworn officers. The Legislative

Operating Committee originally added this item to its Active Files List on September 17, 2014. This

legislative matter was then carried on the Active Files List for more than three legislative terms. The

Legislative Operating Committee added the Oneida Nation Law Enforcement Ordinance amendments

to its Active Files List this legislative term on October 4, 2023.

SECTION 3. CONSULTATION AND OUTREACH

SECTION 4. PROCESS

A. Representatives from the following departments or entities participated in the development of the

amendments to the Law and this legislative analysis:

 Oneida Police Department;

 Oneida Police Commission;

 Oneida Business Committee;

 Oneida Law Office;

 Internal Security Department;

 Oneida Gaming Commission; and the

 General Manager.

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

 Boards, Committees, and Commissions law; and

 Oneida Personnel Policies and Procedures.

A. The development of the proposed amendments to the Law complies with the process set forth in the

Legislative Procedures Act (LPA).

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

On October 10, 2023, the Legislative Operating Committee added the Oneida Nation Law

Enforcement Ordinance to its Active Files List.

 On September 4, 2024, the Legislative Operating Committee approved the draft of the proposed

amendments to the Law and directed that a legislative analysis be developed.

 On January 15, 2025, the Legislative Operating Committee approved the updated draft and

legislative analysis for the Oneida Nation Law Enforcement Ordinance amendments.

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

regarding the development of the amendments to the Law this legislative term:

 March 6, 2024: LOC work session with the Oneida Police Department and the Oneida Law Office.

 March 28, 2024: LOC work session.

 April 19, 2024: LOC work session with the Oneida Police Department, Oneida Law Office, Oneida

Police Commission, and the Internal Security Department.

 June 7, 2024: LOC work session with the Oneida Police Department, Oneida Law Office, Oneida

Police Commission, and the Internal Security Department.

 July 26, 2024: LOC work session with the Oneida Police Department and the Oneida Police

Commission.

 September 4, 2024: OBC Officers’ Meeting.

 September 4, 2024: LOC work session.

 October 8, 2024: LOC work session with Oneida Police Department, Oneida Law Office, Oneida

Police Commission, Internal Security Department, Oneida Gaming Commission, and the General

Manager.

 October 9, 2024: Phone call with Oneida Law Office.

 October 18, 2024: LOC work session.

 October 24, 2024: LOC work session.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Policy. The current Law does not include a policy statement. Amendments to the Law will include the

addition of a policy statement, which will provide that it is the policy of the Nation to ensure that law

enforcement personnel operate at the highest level of professional standards to ensure the safety and

welfare of the community. [3 O.C. 301.1-2].

 Effect. The inclusion of a policy statement complies with the formatting requirements of section

109.11-1(a)(2) of the Legislative Procedures Act which requires that all laws of the Nation contain

a policy section which indicates the direction the law is to take, including impetus or underlying

goal of the regulation.

B. Jurisdictional Exception. Section 301.4-1 of the current Law provides that all law enforcement

operations shall take place on and within the Oneida Reservation unless there is a potential that safety

and welfare of an individual is being compromised, or the enforcement operations take place pursuant

to mutual aid agreements with local governments. The proposed amendments to the Law maintain the

current provision of the Law while also adding a provision which provides that law enforcement

operations can take place outside the Reservation when the operations occur pursuant to any other

jurisdictional exception that may exist for law enforcement officers. [3 O.C. 301.4-2(c)].

 Effect. The proposed amendments to the Law recognize that there may be other jurisdictional

exceptions that exist for law enforcement officers in other laws, and therefore provides greater

flexibility for the Nation’s law enforcement officers when operating outside of the Reservation.

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C. Oneida Police Department Restrictions. Section 301.5-3(d) of the current Law provides that the

positions of Police Chief, Assistant Chief, Police Lieutenant or Sergeant, Conservation Director, and

Assistant Conservation Director are required to be held by only members of the Nation. The proposed

amendments to the Law revise the requirement for what job positions in the Oneida Police Department

are required to be held by enrolled members of the Nation, and require that only the Police Chief,

Assistant Chief, and Police Lieutenant be enrolled members of the Nation. [3 O.C. 301.5-1(a)].

 Effect. The proposed amendments to the Law remove the positions of Police Sergeant,

Conservation Director, and Assistant Conservation Director from the requirement to be held by

members of the Nation. The positions of Conservation Director and Assistant Conservation

Director were removed from the Law as they are not positions of the Oneida Police Department.

The position of Police Sergeant was removed because it provides the Oneida Police Department

greater flexibility in filling its vacant positions. Indian preference in hiring still applies to the hiring

of the Police Sergeant position in accordance with the Oneida Personnel Policies and Procedures.

D. Notification of Removal of a Police Chief. Section 301.6-5(d) of the current Law provides that upon

accepting retirement notification or the resignation of a current Police Chief, the Oneida Police

Commission shall appoint an interim or acting Police Chief who shall serve in said capacity until the

process for appointment of a new chief can be completed. The proposed amendments to the Law also

recognize that upon the removal of a Police Chief, the Oneida Police Commission shall appoint an

interim Police Chief. [3 O.C. 301.5-2(b)(4)].

 Effect. The Law was amended to include the removal of a Police Chief as a circumstance in which

the Oneida Police Commission shall appoint an interim Police Chief to be more inclusive of all

circumstances that may arise in which an interim Police Chief would need to be appointed.

E. Liability Coverage. Section 301.5-4 of the current Law provides that the Nation shall provide

professional liability insurance for all law enforcement officers and Conservation Officers. The

proposed amendments to the Law clarify that to the extent that Federal Tort Claims Act coverage does

not apply, the Nation shall provide professional liability insurance for all law enforcement officers. [3

O.C. 301.5-4].

 Effect. The Law was amended to recognize that the Federal Tort Claims Act does provide some

liability coverage for law enforcement officers, and therefore a reference to that policy was

included.

F. Law Enforcement Officers to be Sworn. Section 301.5-6 of the current Law provides that all law

enforcement officers shall be installed by sworn oath before the Oneida Business Committee at a

regular meeting. The proposed amendments to the Law provide that all law enforcement officers be

installed by sown oath before the Oneida Business Committee during a regular or special Oneida

Business Committee meeting, or at an alternative time and location as determined by the Oneida

Business Committee Secretary. [3 O.C. 301.5-6]. The proposed amendments then clarify that when

taking an oath, the law enforcement officer shall appear in person to take their oath, except if granted

permission by the Oneida Business Committee Secretary to appear through video conferencing, or

through other telecommunications. [3 O.C. 301.5-6(a)]. If an oath is administered outside of an Oneida

Business Committee meeting, a quorum of Oneida Business Committee members are required to be

present to witness the oath. [3 O.C. 301.5-6(b)].

 Effect. The proposed amendments provide greater flexibility for when a law enforcement officer

may take their sworn oath.

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G. Oneida Public Safety and Security Commission. Section 301.4-7 of the current Law establishes the

Oneida Police Commission to provide oversight regarding the activities and actions of the law

enforcement operations to provide the greatest possible professional services to the Oneida community

and to allow for community input regarding those law enforcement services through its representatives

on the Police Commission. Section 301.6 of the current Law then goes on to provide for the

qualifications, appointment term, responsibilities, and removal of the Oneida Police Commission. The

proposed amendments to the Law expand the Oneida Police Commission into the Oneida Public Safety

and Security Commission. [3 O.C. 301.6]. The purpose of the Oneida Public Safety and Security

Commission is much the same as the Oneida Police Commission, except that it is now expanded to

have oversight authority over the Internal Security Department and any other safety operation

department of the Nation, in addition to the Oneida Police Department. [3 O.C. 301.6-1]. The terms

of appointment for commissioners on the Oneida Public Safety and Security Commission remains the

same as it was for the Oneida Police Commission. [3 O.C. 301.6-2].

 Effect. The proposed amendments to the Law expand the Oneida Police Commission into the

Oneida Public Safety and Security Commission in recognition that are more departments currently

than just the Oneida Police Department that focus on the safety and security of the Nation, and this

could be expanded even more in the future, and therefore the same oversight that the Oneida Police

Commission provides the Oneida Police Department should be provided for all safety and security

departments of the Nation.

H. Eligibility Qualifications. Section 301.6-3 of the current Law provides the eligibility requirements for

serving on the Oneida Police Commission, which include: be a member of the Nation, be twenty-five

(25) years of age or older; have a satisfactory background investigation; submit to drug testing prior to

appointment and on an annual basis; not be an employee of the Oneida Police Department; attend

applicable training; and be a person of known good standing in the community. The eligibility

qualifications for the Oneida Public Safety and Security Commission remain much the same as the

Oneida Police Commission except that the following eligibility requirements were removed from the

Law: that an individual submit to drug testing prior to appointment and on an annual basis; the

individual attend applicable training; and be a person of known good standing in the community. [3

O.C. 301.6-3]. The proposed amendments to the Law also clarify that in addition to not being an

employee of the Oneida Police Department, the individual cannot be an employee or terminated from

the Oneida Police Department, Internal Security Department, or any other public safety operation

overseen by the Oneida Public Safety and Security Commission. [3 O.C. 301.6-3(d)].

 Effect. The eligibility requirement that an individual submit to drug testing prior to appointment

and on an annual basis was removed from the Law due to the fact that other boards, committees,

and commissions of the Nation do not include a similar requirement, and it was unknown why it

was necessary to include that requirement for the Oneida Police Commission when the Commission

members already have to pass a background investigation. The eligibility requirement that the

individual attend applicable training was removed because this was determined that it was not so

much of an eligibility requirement, but mores so a training requirement. The eligibility requirement

that a person be of known good standing in the community was removed because the notion of

“good standing” was too subjective and left a lot open to interpretation and would not be necessarily

needed because a person already has to pass a background investigation. And finally, the eligibility

requirement that an individual cannot be an employee or terminated from the Oneida Police

Department, Internal Security Department, or any other public safety operation overseen by the

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Oneida Public Safety and Security Commission was included in recognition that the Oneida Public

Safety and Security Commission oversees multiple areas, and therefore employment in any of those

areas is forbidden to avoid any potential or actual conflicts of interest.

I. Responsibilities of the Commission in regard to the Oneida Police Department. Section 301.6-1 of

the current Law provides for the responsibilities of the Oneida Police Commission in regard to the

Oneida Police Department. In the proposed amendments to the Law, the responsibilities of the Oneida

Public Safety and Security Commission have been provided for in section 301.-4. Many of the

responsibilities the Oneida Police Commission had over the Oneida Police Department remain the same

through the transition to the Oneida Public Safety and Security Commission, including the following

the responsibilities to: appoint, suspend, or remove the Police Chief of the Oneida Police Department;

approve all law enforcement officer appointments made by the Police Chief including the promotion

of subordinates; approve an eligibility list of individuals determined to be eligible for appointment as a

law enforcement officer or promotion; hear charges filed against law enforcement officers or other

appointed personnel of the Police Department, whether filed by the Oneida Public Safety and Security

Commission or the Police Chief, make findings and determinations, and impose penalties, up to and

including termination; Hear appeals of disciplinary actions against any law enforcement personnel –

with the clarification added that the Oneida Public Safety and Security Commission shall not have

authority over disciplinary actions of non-sworn personnel; and adopt standard operating procedures

governing the Oneida Public Safety and Security Commission’s management of its own activities. [3

O.C. 301.6-4]. The following responsibilities over the Oneida Police Department were removed from

the Law with the proposed amendments: adopt, modify, and repeal rules governing how lists of

individuals, concluded to be eligible for appointment to law enforcement officer and promotion, are

established; approve competitive examinations used to judge suitability for appointment or promotion

of law enforcement officers; suspend law enforcement officers or other appointed personnel of the

Police Department pending the filing and hearing of charges against them, subject to the provisions of

301.10; initiate charges against law enforcement officers or other appointed personnel of the Police

Department.

 Effect. The responsibilities of the Oneida Public Safety and Security Commission over the Oneida

Police Department were amended to reflect the current practices of the Oneida Police Commission

over the Oneida Police Department.

J. Responsibilities of the Commission in regard to Internal Security and other Departments. The

proposed amendments to the Law provide that the responsibilities of the Oneida Public Safety and

Security Commission in regard to the Internal Security Department or any other safety operation

department of the Nation shall be provided for in the Oneida Public Safety and Security Commission

bylaws. [3 O.C. 301.6-5].

 Effect. The amendments to the Law provide that the responsibilities of the Oneida Public Safety

and Security Commission in regard to the Internal Security Department or any other safety

operation department of the Nation shall be provided for in the Oneida Public Safety and Security

Commission bylaws, since it would not be appropriate for those responsibilities to be included in

this Law because this Law governs law enforcement, and the Internal Security Department and any

other safety operation of the Nation are not law enforcement.

K. Disciplinary Proceedings for Law Enforcement Officers. Section 301.9 of the current Law provides

for the disciplinary proceedings for law enforcement officers. This section of the Law was entirely

rewritten with the proposed amendments to the Law to simplify and clarify the disciplinary process.

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The proposed amendments to the law provide for the just cause standard, discipline of law enforcement

officers by the Chief of Police, discipline of the Chief of Police, the right to request a hearing, filing of

charges, procedure for responding to charges, scheduling conference, evidentiary hearing, deliberations

and findings, and orders from the hearing. [3 O.C. 301.9].

 Effect. The proposed amendments to the Law simplify and clarify the disciplinary process.

L. Firearms Control. Section 301.4-6 of the current Law provides that the Oneida Police Department

may allow law enforcement use of service firearms in order to protect life, liberty, property, land, and

premises, according to the usual and minimum accepted law enforcement standards as determined by

the Police Chief with approval of the Oneida Police Commission. The current Law then goes on to

clarify that the actual use of deadly force shall be allowed solely for the protection of life or the

prevention of grievous bodily harm. Section 301.11-1 of the current Law provides that the Nation

hereby establishes regulations for the carrying of firearms issued to certified law enforcement officers

employed by the Nation, and then goes onto clarify that the needs and requirements for carrying

firearms shall be established and determined by the Police Chief subject to the review of the Oneida

Police Commission, and said requirements shall reflect the needs of the Nation in order to protect all

persons and property. The proposed amendments to the Law move all provisions regarding the use of

firearms to section 301.11 of the Law. The proposed amendments to the Law provide that the Oneida

Police Department may allow law enforcement use of service firearms in order to protect life, liberty,

property, land, and premises, according to the usual and current accepted law enforcement standards.

[3 O.C. 301.11-1]. Section 301.11-2 of the proposed amendments to the Law remain the same except

for minor non-substantive updates.

 Effect. Overall, the proposed amendments to the Law referencing the usual and current accepted

law enforcement standards instead of including language within the Law itself ensures that the law

enforcement practices of the Nation stay up to date without having to amend the Law. ‘

M. Other Amendments. Overall, a variety of other amendments and revisions were made to the Law to

address formatting, drafting style, and organization that did not affect the substance of the Law.

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SECTION 6. EXISTING LEGISLATION

A. Other Related Laws of the Nation. The following laws of the Nation are related to the proposed

amendments to this Law.

 Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and

Procedures is to provide for the Nation’s employee related policies and procedures including

recruitment, selection, compensation and benefits, employee relations, safety and health, program

and enterprise rules and regulations, and record keeping.

 Section III of the Oneida Personnel Policies and Procedures provides for the Oneida preference

and Indian preference in hiring statement of the Nation. Section 301.5-1(a) provides that all

positions and appointments of the Oneida Police Department shall be subject to Indian

preference in hiring, except that the following positions shall be held only by members of the

Nation: Police Chief; Assistant Chief; and Police Lieutenant.

 This Law clarifies that disciplinary actions for law enforcement officers is governed by section

301.9 pf this Law, while disciplinary actions of non-sworn personnel of the Oneida Police

Department shall be governed by the Nation’s laws, policies, and rules governing employment.

 Boards, Committees, and Commissions Law. The Boards, Committees, and Commissions law

governs boards, committees, and commissions of the Nation, including the procedures regarding

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the appointment and election of persons to boards, committees and commissions, creation of

bylaws, maintenance of official records, compensation, and other items related to boards,

committees, and commissions [1 O.C. 105.1-1].

 Section 301.6 of this Law establishes the Oneida Public Safety and Security Commission.

 The Oneida Public Safety and Security Commission is required to comply with all

provisions of the Boards, Committees, and Commissions law.

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SECTION 7. OTHER CONSIDERATIONS

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A. Bylaws of the Oneida Public Safety and Security Commission. With the expansion of the Oneida

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Police Commission into the Oneida Public Safety and Security Commission provided through the

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proposed amendments to this Law, the bylaws of the Commission will need to be updated. Specifically,

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section 301.6-5 of the Law states that the responsibilities of the Oneida Public Safety and Security

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Commission in regard to the Internal Security Department or any other safety operation department of

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the Nation shall be provided for in the Oneida Public Safety and Security Commission bylaws. The

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Boards, Committees, and Commissions law provides the requirements that must be followed for bylaws

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of a board, committee, or commission. [1 O.C. 105.10]. In May of 2024, the Legislative Operating

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Committee collaborated with the Oneida Law Office and the Government Administrative Office to

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discuss how to improve the process for amending bylaws for boards, committees, and commissions of

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the Nation. The Legislative Operating Committee no longer processes amendments to bylaws for

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boards, committees, and commissions of the Nation, as it was determined that the Government

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Administrative Office and the board, committee, or commission’s assigned attorney from the Oneida

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Law Office will instead assist in developing amendments to bylaws. This change in process will allow

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bylaw amendments to be directly placed on an Oneida Business Committee meeting agenda for

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approval which streamlines the process.

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 Conclusion. Amended bylaws should be presented for adoption at the same time that the proposed

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amendments to the Law are presented for adoption to ensure a smooth transition between the

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Oneida Police Commission and the Oneida Public Safety and Security Commission. The

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Legislative Operating Committee should ensure that the need for amended bylaws be

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communicated to the Oneida Law Office and Government Administrative Office.

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B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC282

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10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

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Act,” provides further clarification on who the Legislative Operating Committee may direct complete

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a fiscal impact statement at various stages of the legislative process, as well as timeframes for

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completing the fiscal impact statement.

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 Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact

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statement be completed.

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Title 3. Health and Public Safety – Chapter 301

ONEIDA NATION LAW ENFORCEMENT ORDINANCE

Shakotiye=n@s Olihw@ke

The Matters of Those Who Protect Us

LAW ENFORCEMENT

301.1-1 Purpose and Policy

301.2-1 Adoption, Amendment, Repeal

301.3-1 Definitions

301.4-1 General Principles

301.5-1 Oneida Police Department

301.6-1 Oneida PolicePublic Safety and Security Commission

301.7-1

301.8-1

301.9-1

301.10-1

301.11-1

Appointment of Law Enforcement Officers

Promotion of Law Enforcement Officers

Disciplinary Proceedings

Administrative Leave

Firearms Control

301.1.

Purpose and Policy

301.1-1. Purpose.

The purpose of this ordinancelaw is to regulate the conduct of the Oneida

Tribe of Indians of WisconsinNation’s law enforcement personnel according to the highest

professional standards.

301.1-2. Policy. It is the policy of the Nation to ensure that law enforcement personnel operate at

the highest level of professional standards to ensure the safety and welfare of the community.

301.2.

Adoption, Amendment, Repeal

301.2-1.

This law iswas adopted by the Oneida Business Committee by resolution BC

Resolution -10-10-01-C and amended by resolution BC-02-25-15-C. and BC-__-__-__-__.

301.2-2.

This law may be amended pursuant to the procedures set out in the Oneida

Administrative Procedures Actor repealed by the Oneida Business Committee or the Oneida

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

301.2-3.

Should a provision of this law or the application there of 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.

301.2-4. All other Oneida laws, policies, regulations, rules, resolutions, motions and all other

similar actions which are inconsistent with this policy are hereby repealed unless specifically reenacted after adoption of this policy.

301.2-4. 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.

301.2-5.

This ordinance shall be known aslaw is adopted under authority of the Constitution of

the Oneida Law Enforcement OrdinanceNation.

301.3.

Definitions

301.3-1.

This section shall govern the definitions of words -asand phrases -as used -herein.within

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

(a) “Certified Law Enforcement Officer shall meanlaw enforcement officer” means a

sworn officer who meets all qualifications for law enforcement officer, including accepted

professional training and experience, State of Wisconsin Certification or eligibility for

Certification which includes but is not limited to, satisfactory background investigation,

psychological evaluation, drug testing, and police firearms certification.

(b) Police Supervisors are defined as “Commissioner” shall mean a member of the Oneida

Public Safety and Security Commission.

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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.

(d) “Nation” means the Oneida Nation.

(e) “Non-sworn personnel” means an individual employed with the Oneida Police

Department that does not meet the qualifications for a certified law enforcement officers

who hold the rank of Sergeant or aboveofficer.

“Oneida Police Department as directed by the Police Chief or designee.

(d) Oneida PolicePublic Safety and Security Commission shall refer to” means the entity

made up of those individuals appointed by the Oneida Business Committee to serve in the

capacity of insuring that community input is maintainedprovide oversight regarding the

activities and actions of public safety and security operations throughout the Reservation.

(g) “Police supervisor” means a law enforcement officer who holds the rank of Sergeant

or above.

(h) “Reservation” means all land within the Oneida Police Department by means of policy

review and enforcementexterior 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.

(e) Commissioner shall mean a member of the Oneida Police Commission.

(f) Oneida Tribe means the Oneida Tribe of Indians of Wisconsin.

(g) Judiciary means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and

responsibilities of the Tribe.

301.4.

General Principles.

301.4-1.

All law enforcement operations of the Nation shall be conducted in accordance with

this law.

301.4-2. Law enforcement operations shall take place on and within Oneidathe Reservation,

unless:

(a) there is a potential that the safety and welfare of an individual is being compromised.

In addition,;

(b) the law enforcement operations may take placeoccur pursuant to mutual aid agreements

with local governments.; or

All law enforcement operations shall be conducted as set forth in

this ordinanceoccur pursuant to any other jurisdictional exception.

301.4-3.

Law enforcement operations shall be used primarily for the purposes of providing law

enforcement within the Oneida CommunityNation and to supplementprovide mutual assistance or

aid to external law enforcement services offered by local governments within the Oneida

Communitycommunity by powers set forth in section 301.4, of this law, Article IV section 1(f) of

the Constitution and By-Laws of the Oneida Tribe of Indians of WisconsinNation, and as set forth

in compacts and agreements authorized by the Oneida Business Committee or General Tribal

Council.

301.4-4. The Oneida Tribe of Indians of Wisconsin The Nation shall appoint and employ law

enforcement personnel within its boundaries as it deems necessary for the purpose of detecting

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and preventing crime and enforcing the laws and ordinances of the Oneida TribeNation, in addition

to protection of persons, property, and premises.

301.4-5.

The Oneida Police Department may, as authorized and delegated by this

Ordinancelaw and the Oneida Business Committee or General Tribal Council, enter into crossdeputization and other law enforcement agreements with other jurisdictions.

301.4-6. The Oneida Police Department may allow law enforcement use of service firearms in

order to protect life, liberty, property, land and premises, according to the usual and minimum

accepted law enforcement standards as determined by the Police Chief with approval of the Oneida

Police Commission. However, actual use of deadly force shall be allowed solely for the protection

of life or the prevention of grievous bodily harm.

301.4-7. A Police Commission is established by this Ordinance to provide oversight regarding

the activities and actions of the law enforcement operations to provide the greatest possible

professional services to the Oneida community and to allow for community input regarding those

law enforcement services through its representatives on the Police Commission. This entity is

created as an oversight body and does not involve decision making processes on day to day

activities of those law enforcement services.

301.5.

Oneida Police Department

301.5-1.

There is hereby established an Oneida Police Department, to which is delegated all

law enforcement authority of the Oneida TribeNation. The Oneida Police Department may create

divisions of operation as may be deemed appropriate.

(a) Oneida Police Department Position Restrictions. All positions and appointments of

the Oneida Police Department shall be subject to Indian preference in hiring, except that

the following positions shall be held only by members of the Nation:

(1) Police Chief. The ;

(2) Assistant Police Chief; and

(3) Police Lieutenant.

301.5-2. Oneida Police Chief. The Oneida Police Department shall be headed by a Police Chief,

appointed pursuant to Section 6-5 of this Ordinancelaw.

(ba) The Police Chief shall have authority over departmental personnel and operations,

subject to the powers of the Oneida Police Commission set forth in Section 301.6-1 of this

Ordinance.

Department may create divisions of operation as may be deemed appropriate.

(d) The Police Chief or his/her designee shall have the right to exercise his/her police

authority to deputize and use the services and manpower of the Oneida Public Safety and

Security Department for emergencies, special events, and investigationsCommission.

301.5-2.

Conservation Department. There(b) Qualifications and Process for

Appointment as Police Chief.

(1) The recruitment and hiring process for Police Chief shall be a Conservation

Department which is a division of conducted by the Oneida Police Department.

This divisionPublic Safety and Security Commission, with assistance, as needed,

by the Human Resources Department.

(2) No person shall be responsible for the protectionaccepted as a candidate or be

eligible to serve as Police Chief who does not meet the following qualifications:

(A) Current certification in the State of Wisconsin as a law enforcement

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officer or upon approval from the applicable State of all fish resources,

wildlife resources, and the landsWisconsin Standards Board;

(B) Member of the Nation;

enforcement officer for a state. tribal, local, or federal government, with

preference for:

(i) those who have at least an associate degree in police science,

criminal justice or similar field, or a bachelor’s degree in a related

subject; and

(ii) those with successful supervisory experience;

(D) Current satisfactory background investigation completed by a law

enforcement agency selected by the Oneida TribePublic Safety and Security

Commission with results of the investigation reported directly to the Oneida

Public Safety and Security Commission;

(E) Current satisfactory psychological examination report;

(F) Current satisfactory medical examination report;

(G) Current drug test with negative results for controlled substances; and

(H) Any other minimum requirement as provided for in the job description.

(3) Examinations, interviews, further selection criteria and other processes utilized

in the hiring process of a Police Chief shall be at the discretion of the Oneida Public

Safety and Security Commission,

(4) Upon accepting notification of retirement, resignation, or the removal of a

current Police Chief, the Oneida Public Safety and Security Commission shall

appoint an interim or acting Police Chief who shall serve in said capacity until the

process for appointment of a new Police Chief can be completed.

301.5-3.

Law Enforcement Officers.

(a) Law Enforcement Officer: Educational Requirements. All persons hired after February

1, 1993, shall meet the following minimum education requirements within five (5) years

of thetheir hire date, which are as follows:

(1) Possess a two (2) year associate degree from a Wisconsin an accredited

vocational, technical, andor adult education district or its accredited equivalent

from another state,; or

(2) Possess documentation in the form of an official transcript showing a minimum

of sixty (60) fully accredited college level credits. Documentation will be required

in the form of an official transcript; or

(3) Possess a bachelors degree from a Wisconsinaccredited college or university

or its accredited equivalent.

(b) Conditional Employment. Persons hired after February 1, 1993,Any person who areis

not a certified law enforcement officersofficer at the time of hire, areis considered a

conditional employeesemployee and mustshall attain the educational requirements as

specified in section 301.5-3(a), within five (5) years of their date of hire.

(1) Conditional employees are not eligible for promotion.

(2) Law enforcement officers who fail to meetattain the specifiededucational

requirements in section B,within five (5) years of their date of hire shall be subject

to immediate termination.

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ordinancelaw, no law enforcement officer may be considered eligible for promotion to

supervisor until the educational requirements of section 301.5-3(a) have been satisfied.

Law enforcement officers promoted prior to the enactment of this ordinancelaw are exempt

from the educational requirements specified in section 301.5-3(a).

(d) Oneida Police Department Position Restrictions/Exceptions. The following positions

shall be held only by members of the Oneida Tribe: Police Chief, Assistant Chief, Police

Lieutenant or Sergeant, Conservation Director, and Assistant Conservation Director. All

other positions and appointments shall be subject to the Indian Preference rules of the

Oneida Tribe.

301.5-4.

Liability Coverage. The Oneida TribeTo the extent the Federal Tort Claims Act

coverage does not apply, the Nation shall provide professional liability insurance for all law

enforcement officers and Conservation Officers.

301.5-5. Declaration of Additional Restrictions of Employees. All personnel of the Oneida

Police Department shall be bound by Standard Operating Proceduresstandard operating procedures

that are required as a result of the specific and unique needs of law enforcement.

301.5-6. Law Enforcement Officers to Be Sworn. All law enforcement officers shall be installed

by sworn oath before the Oneida Business Committee at a regular meetingduring a regular or

special Oneida Business Committee meeting, or at an alternative time and location as determined

by the Oneida Business Committee Secretary.

(a) When taking an oath, the law enforcement officer shall appear in person to take their

oath, except if granted permission by the Oneida Business Committee Secretary to appear

through video conferencing, or through other telecommunications.

(b) If an oath is administered outside of an Oneida Business Committee meeting, a quorum

of Oneida Business Committee members shall be present to witness the oath.

301.6.

Oneida PolicePublic Safety and Security Commission

301.6-1. Oneida Police Commission. Establishment. There is hereby established an Oneida

Police Public Safety and Security Commission to provide oversight regarding the activities and

actions of public safety and security operations throughout the Reservation to provide the greatest

possible professional services to the Nation and to allow for community input regarding those

public safety and security services through its representatives on the Oneida Public Safety and

Security Commission. The Oneida Public Safety and Security Commission is an oversight body

of the following departments of the Nation, but its oversight authority does not involve decision

making processes on day-to-day activities of those public safety services:

(a) Oneida Police Department;

(b) Internal Security Department; and

Oneida Public Safety and Security Commission.

301.6-2. Appointment of Commissioners. The Oneida Business Committee shall appoint five

(5) members to the Oneida Public Safety and Security Commission for a term of five (5) years.

Commissioners may serve more than one (1) term, but not more than three (3) consecutive terms.

301.6-3. Commissioner Eligibility Qualifications. In order to be eligible for membership on the

Oneida Public Safety and Security Commission an individual shall:

(a) Be a member of the Nation;

(b) Be twenty-five (25) years of age or older;

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(1) A felony conviction in the State of Wisconsin, or any conviction of a crime in

another state that would be considered a felony conviction if the offense and

adjudication occurred in the State of Wisconsin;

(2) A felony arrest which results in a misdemeanor conviction due to a plea

arrangement;

(3) A conviction of any law violation that could bring discredit to the Oneida Public

Safety and Security Commission; or

(4) Any pardon issued by the Nation or the governor of any State, for an offense

specified in sections 301.6-4(c)(1)-(3), shall not deem a person as “exonerated” for

the purposes of membership on the Oneida Public Safety and Security Commission;

(d) Not be employed with or terminated from the Oneida Police Department, Internal

Security Department, or any other public safety operation overseen by the Oneida Public

Safety and Security Commission;

301.6-4. Responsibilities in Regard to the Oneida Police Department. The Oneida Public Safety

and Security Commission shall be responsible for and empowered to do the following in regard to

the Oneida Police Department:

(a) Appoint, suspend, or remove the Police Chief of the Oneida Police Department.

(b) Approve all law enforcement officer appointments made by the Police Chief including

the promotion of subordinates.

eligible for appointment to law enforcement officer and promotion, are established.

(d) Approve competitive examinations used to judge suitability for appointment or

promotion of law enforcement officers.

(e(c) Approve an eligibility list of individuals determined to be eligible for appointment

as a law enforcement officer or promotion.

(f) Suspend law enforcement officers or other appointed personnel of the Police

Department pending the filing and hearing of charges against them, subject to the

provisions of 301.10.

(g) Initiate charges against law enforcement officers or other appointed personnel of the

Police Department.

(hd) Hear charges filed against law enforcement officers or other appointed personnel

of the Police Department, whether filed by the Oneida Public Safety and Security

Commission or the Police Chief, make findings and determinations, and impose penalties,

up to and including termination.

(ie) Hear appeals of disciplinary actions against any sworn law enforcement personnel or

officers.

(1) The Oneida Public Safety and Security Commission shall not have authority

over disciplinary actions of non-sworn personnel.

(jf) Adopt rulesstandard operating procedures governing the Oneida PolicePublic Safety

and Security Commission’s management of its own activities.

301.6-5. Responsibilities in Regard to the Internal Security and Other Departments. The

responsibilities of the Oneida Public Safety and Security Commission in regard to the Internal

Security Department or any other safety operation department of the Nation shall be provided for

in the Oneida Public Safety and Security Commission bylaws.

301.6-6. Removal From Office. (k) Review contracts, and forward to the Oneida

Business Committee for approval, concerning cross-deputization, dispatch function and

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mutual aid pacts which are made between the Oneida Police Department and a non-tribal

agency.

(l) Approve Standard Operating Procedures of the Oneida Police Department.

A member of the Oneida Public Safety and Security Commission may have their appointment

terminated by the Oneida Business Committee for:

(a)

Misconduct301.6-2.

Appointment of Commissioners. The Oneida Business

Committee shall appoint five members to the Oneida Police Commission for a term of five years.

Commissioners may serve more than one term, but not more than three consecutive terms.

301.6-3. Commissioner Requirements and Qualifications. The following are membership

requirements for serving on the Oneida Police Commission:

(a) Shall be a member of the Oneida Tribe.

(b) Must be 25 years of age or older.

serving on the Oneida Police Commission:

(1) A felony conviction in the State of Wisconsin, or any conviction of a crime in

another state that would be considered a felony conviction if the offense and

adjudication occurred in the State of Wisconsin.

(2) A felony arrest which results in a misdemeanor conviction due to a plea

arrangement.

(3) A conviction of any ordinance violation that could bring discredit to the

Commission.

(4) Any pardon issued by the Oneida Tribe or the governor of any State, for an

offense specified in sections 301.6-3(c)(1)-(3), shall not deem a person as

“exonerated” for the purposes of membership on the Oneida Police Commission.

(d) Must submit to drug testing prior to appointment and on an annual basis.

(e) Must not be an employee of the Oneida Police Department

(f) Shall attend applicable training.

(g)

Must be a person of known good standing in the community.

301.6-4. Removal From Office. In addition to the Removal Law standards, a Commissioner may

be removed for:

(a) Malfeasance in office.;

(b) Conduct which could jeopardize the reputation of the Oneida TribeNation, the Oneida

PolicePublic Safety and Security Commission, or the law enforcementpublic safety

system.;

qualifications specified in section 301.6-3(c) above.; or

(d) Violation of the confidentially of closed hearings or any other information declared

“confidential” by the Oneida Police Commission.

301.6-5.

QualificationsPublic Safety and Security Commission.

301.Process for7. Appointment as Police Chief.

(a) The recruitment and hiring process for Police Chief shall be conducted by the Oneida

Police Commission, with assistance, as needed, by the Human Resources Department.

(b) No person shall be accepted as a candidate or be eligible to serve as Police Chief who

does not meet the following qualifications:

(1) Current certification in the State of Wisconsin as a law enforcement officer or

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upon approval from State of Wisconsin Standards Board.

(2) Member of the Oneida Tribe.

(3) A minimum of five (5) years creditable service as a sworn law enforcement

officer for a state. tribal, local or federal government, with preference for (i) those

who have at least an associate degree in police science, criminal justice or similar

field, or a bachelor’s degree in a related subject; and (ii) those with successful

supervisory experience.

(4) Current satisfactory background investigation completed by the Security

Department or a law enforcement agency selected by the Oneida Police

Commission with results of the investigation reported directly to the Oneida Police

Commission.

(5) Current satisfactory psychological examination report.

(6) Current satisfactory medical examination report.

(7) Current drug test with negative results for controlled substances.

hiring process of a Police Chief shall be at the discretion of the Oneida Police Commission,

(d) Upon accepting retirement notification or the resignation of a current Police Chief, the

Oneida Police Commission shall appoint an interim or acting Police Chief who shall serve

in said capacity until the process for appointment of a new chief can be completed.

301.7.

Appointment of Law Enforcement Officers

301.7-1.

Job Task Analysis. The Police Chief shall develop a Job Task Analysisjob task

analysis (job description) for law enforcement officers and submit the job task analysis to the

Oneida PolicePublic Safety and Security Commission for approval.

301.7-2.

Hiring Criteria. Hiring criteria for law enforcement officers, shall be developed by

the Oneida PolicePublic Safety and Security Commission and implemented by the Police Chief;

and must . The hiring criteria shall include, but is not be limited to, the following:

(a) educational requirements,;

(b) satisfactory background investigation,;

(d) medical certification.

301.7-3.

Hiring Process Outline. A Hiring Process OutlineA hiring process outline shall be

developed by the Oneida PolicePublic Safety and Security Commission and implemented by the

Police Chief. The Hiring Process Outline willhiring process outline shall detail specific steps

involved in the hiring process for law enforcement officers, and steps in the process involving

scoring, rank scoring, or grading shall be specified, as well as passing grades or scores. The Hiring

Process Outlinehiring process outline shall include all pertinent steps involved in the hiring process

including, but not limited to, the following:

(a) application process,;

(b) application screening,;

(d) oral interviews,;

(e) physical agility testing,;

(f) background investigation,;

(g) conditional offer of employment,; and

(h) psychological and medical testing.

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301.7-4.

Approval of Additional Law Enforcement Personnel.

(a) The Police Chief shall make a request for the hiring of additional law enforcement

personnel through the Human Resources Department processes.

(b) Upon receiving approval, the Police Chief shall make a formal request to the Human

Resources Department for posting the position(s) available. The current Job Task

Analysis, Hiring Criteria.job task analysis, hiring criteria. and Hiring Process Outlinehiring

process outline shall be submitted to the Human Resources Department by the Police Chief.

301.7-5.

Process. All phases of the hiring process shall be conducted in accordance with the

Hiring Process Outlinehiring process outline. Duties and responsibilities of persons involved in

the process shall be specified in the outline.

301.7-6.

Eligibility List.

(a) Upon completion of all screening steps of the Hiring Process Outlinehiring process

outline, a list shall be compiled of all candidates based on cumulative scores earned by

each applicant in all graded or scored steps of the current hiring process.

(b) Candidates shall be ranked in inverse numerical order, that is the candidate with the

highest cumulative score is ranked “1”, the candidate with the second highest cumulative

score is ranked “2”, etc.

Security Commission and submitted to the Police Chief.

(d) The eligibility list will be valid for one (1) year from the date it was compiled.

(e) The order of appointment of applicants to the position of law enforcement officers

shall follow the order of the eligibility list contingent upon satisfactory background

investigation, psychological testing, and medical testing.

301.7-7.

Commencement of Background Investigation.

(a) Upon receiving the approved eligibility list, the Police Chief shall direct a subordinate

to commence a background investigation upon candidates based on their numerical ranking

on the eligibility list, starting with the top candidate.

(b) Results of the background investigation shall be forwarded to the Police Chief and the

Oneida PolicePublic Safety and Security Commission.

report by either the Police Chief or the Oneida Police Public Safety and Security

Commission, such. Such determinations toby the Police Chief of the Oneida Public Safety

and Security Commission shall be made in writing.

301.7-8.

Conditional Offer of Employment. Provided a candidate has satisfactory results in a

background investigation, an offer of employment shall be sent to the candidate. The offer shall

specify the candidate’s appointment to the position of law enforcement officer contingent upon

satisfactory psychological and medical testing.

301.7-9.

Appointment. Provided a candidate has passed psychological and medical testing, a

formal offer of employment shall be extended to the candidate by the Police Chief. In the event

the candidate lacks the minimum educational requirements as specified in Section 301.5-3(a), the

contingency of employment shall be specified in the offer.

301.8.

Promotion of Law Enforcement Officers

301.8-1.

Criteria for Promotion. The Oneida PolicePublic Safety and Security Commission

and the Police Chief shall establish specific criteria for the promotion of law enforcement officers.

The criteria shall be placed on the -notice or position posting for the promotion.

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301.8-2.

Process. The process for promotion shall be developed by the Police Chief and

approved by the Oneida PolicePublic Safety and Security Commission. The specifics of the

process shall be placed on the notice or position posting for said promotion.

301.8-3.

Psychological Testing Required. All candidates for promotion shall undergo

psychological testing and have a satisfactory report prior to promotion. The results of such test

shall be made available to the Police Chief and the Oneida PolicePublic Safety and Security

Commission Presidentchairperson.

301.8-4.

Promotion. Upon completion of all steps in the promotion process, a law enforcement

officer may be promoted upon review and recommendation of Oneida PolicePublic Safety and

Security Commission to the Police Chief.

301.9.

Disciplinary Proceedings: for Law Enforcement Officers.

301.9-1.

Purpose.

(a) Disciplinary actions may be commenced against a law enforcement officer by the

Police Chief for violations of departmental Standard Operating Procedures or laws of the

Oneida Tribe or other government. Such actions are independent of and exempt from the

Oneida Blue Book. Discipline may range from a verbal warning to termination.

(b) In serious matters, an internal investigation is conducted by the Oneida Police

Department and the law enforcement officer under investigation may be placed on

administrative leave pursuant to 301.10.

officer has the right to appeal a disciplinary action to the Oneida Police Commission.

(d) shall be governed by this provision of the Law. Disciplinary actions may be ordered

by the Police Chief. The officer may appeal a disciplinary action to the Oneida Police

Commission. Upon filing of an appeal, the Police Chief shall submit formal charges

against the officer to the Oneida Police Commission.

(e) Any citizen may file charges or a complaint against an officer with the Police Chief.

The Oneida Police Commission can proceed with a hearing after an investigation by the

Police Chief.

(f)

If a citizen wishes to file a complaint with the Oneida Police Commission, the Oneida

Police Commission will refer the complaint to the Police Chief to begin an investigation. Upon

completion of the investigation the Police Chief of non-sworn personnel of the Oneida Police

Department shall submit his written report to the Commissionbe governed by the Nation’s laws,

policies, and rules governing employment.

301.9-2. Commencement of Disciplinary Hearings. A request for an appeal of a decision of the

Police Chief must be submitted in writing to the Oneida Police Commission within 30 calendar

days.

(a) If the request is by a law enforcement officer or a citizen against a law enforcement

officer, the President must without delay, notify the Police Chief that a hearing has been

requested.

(b) The Oneida Police Commission must meet within ten calendar days and set a hearing

date.

Standard. Just cause.

301.9-3. Rights and Responsibilities of the Oneida Police Commission at Hearings.

(a) The Oneida Police Commission shall have legal counsel and a court reporter present at

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all formal proceedings.

(b) The Oneida Police Commission has the authority to subpoena witnesses.

to the hearing.

(d) Disciplinary hearings shall be open, except where:

(1) the person subject to discipline requests in writing that the hearing be closed;

(2) the Police Chief requests in writing that the hearing be closed and indicates that

confidential police matters are involved.

(e) Commissioners shall not discuss the disciplinary matter with anyone outside the

Commission until the hearing is completed and a decision is filed.

301.9-4. Rights of the Accused Law Enforcement Officer at Hearings.

(a) Notice of charges that have been made, or will be made, as well as actions that will or

may be taken against the individual.

(b) The right to a hearing to respond to the charges.

(d) The right to confront and cross-examine his/her accusers.

(e) The right to present evidence and argue his/her view of the facts.

301.9-5. Pre-Hearing Conference.

(a) A pre-hearing conference shall be scheduled at least five (5) working days before the

hearing. The law enforcement officer and the complainant shall be notified in writing of

the pre-hearing conference and both may be represented.

(b) The is determined using the following matters shall be accomplished at the conference.

(1) Witness lists and any prior written or recorded statements or reports of

witnesses will be exchanged between the parties or their representatives.

(2) Exhibit lists will also be exchanged between the parties or their representatives,

and each party and/or their representative shall be permitted to physically inspect

all exhibits of the other party.

(3) Witnesses or exhibits not on the pre-hearing conference lists may not be

introduced at the hearing unless the Oneida Police Commission determines that the

party or their representative can demonstrate a satisfactory reason for the inclusion

of such witness or exhibit on the list(s) submitted at the pre-hearing conference.

(4) In the absence of the parry or representative at the pre-hearing conference, the

Oneida Police Commission shall dismiss the charges unless the party or

representative can demonstrate a satisfactory reason for non-appearance.

301.9-6. Hearing Procedure.

(a)

The nature of a law enforcement agency requires the highest level of public trust, As a

result, hearings will be open to the public to allow the public to be reassured that hearings are

conducted under the highest standards of objectiveness and reason., to the extent possible:

(b) The President of the Oneida Police Commission has the duties of:

(1) Presiding over the hearing.

(2) Maintaining order.

(3) Insuring that the hearing is fair and impartial.

conducting the hearing.

(d) Order of Business.

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(1) The President calls the meeting to order and:

(A) Explains that the Oneida Police Commission is not an investigative

body.

(B) Describes the hearing as a formal inquiry into the facts of the matter in

front of them as an original hearing body.

(2) The President reads the charges, as filed with the Oneida Police Commission,

and cites the rule(s) and/or policy(s) that were alleged to be violated.

(3) Testimony begins with the person(s) who filed the charges.

(A) Witnesses, evidence, documents, and other related reports will be

submitted by the Police Chief or complainant.

(B) Witnesses testify under oath which can be administered by the President

or any other Commissioner.

issues at hand. It is the President's responsibility to insure that the questions

are germane.

(D) The law enforcement officer or representative may challenge the

testimony or evidence presented.

(4) The law enforcement officer or representative is given an opportunity to present

facts, introduce evidence, and call witnesses to prove:

(A) That the law enforcement officer was wrongly charged.

(B) The penalty is not appropriate for the violation.

(5) The complainant may challenge any testimony offered by the accused.

(6) Both sides are allowed to present closing summaries of their position.

(7) The President then adjourns the hearing.

(8) The Oneida Police Commission retires to executive session to deliberate upon

the matter.

301.9-7. Just Cause Standard Applied to Commission Deliberations. The Commissioners shall

base their decisions regarding a disciplinary action upon the "just cause" standard.

(a) (a) Whether the law enforcement officer could reasonably be expected to have had

knowledge of the probable consequences of the alleged misconduct.

(b) Whether the procedure the law enforcement officer allegedly violated is reasonable.

made a reasonable effort to discover whether the law enforcement officer did, in fact,

violate a procedure.

(d) Whether the investigation was fair and objective.

(e) Whether the Police Chief discovered substantial evidence that the law enforcement

officer violated the procedure as described in the charges filed against the law enforcement

officer.

(f) Whether the Police Chief is applying the rule or order fairly and without discrimination

against the law enforcement officer.

(g) Whether the proposed discipline is reasonable as it relates to the seriousness of the

alleged violation and to the law enforcement officer’s record of service with the Oneida

Police Department.

301.9-8. Commission Actions.

(a) The Oneida Police Commission may on appeals, review a disciplinary action taken by

the Police Chief, and:

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(1) Approve the action taken by the Police Chief without change.

301.9-3. Discipline of Employees by the Chief of Police. The Chief of Police may reprimand or

suspend a law enforcement officer for just cause without prior approval of the Oneida Public Safety

and Security Commission. The Chief of Police shall report this action to the chairperson of the

Oneida Public Safety and Security Commission immediately in writing and explain the cause(s)

of the action. A law enforcement officer shall not be entitled to a hearing on the suspension unless

the subordinate requests that the Police Chief file charges, which then triggers the hearing process.

(a) For any reductions in rank or terminations of a law enforcement officer, the Police

Chief shall first file charges with the Oneida Public Safety and Security Commission.

301.9-4. Discipline of the Chief of Police. The Oneida Public Safety and Security Commission

has the sole authority to suspend or terminate the Chief of Police, for cause, upon its own initiative.

It may suspend the Chief of Police pending the investigation of written charges received.

301.9-5. Right to Request Hearing. If a law enforcement officer against whom a disciplinary action

of suspension, demotion, or termination has been taken requests a hearing on the matter, the Oneida

Public Safety and Security Commission shall proceed with such a hearing. Charges shall then be

filed with the Oneida Public Safety and Security Commission by the party initially taking the

disciplinary action.

301.9-6. Filing of Charges.

(a) Standing to File Charges. Charges may be filed with the Oneida Public Safety and

Security Commission by:

(1) the Chief of Police;

(2)

Dismiss or modify a member of the Oneida Public Safety and Security

Commission;

(3) the Oneida Public Safety and Security Commission as a body; or

(4) any aggrieved party.

(b) Content of Charges. The charges shall be in writing and shall be signed by the charging

party. The sources of all information contained in the charges shall be stated in the charges

or in accompanying documents. Information regarding the names and addresses of

witnesses having relevant knowledge relating to the charges may be embodied in a separate

statement accompanying the charges. The charges shall identify the person who is charged

and specify, if possible, the date(s) and place(s) of the alleged offense(s).

Safety and Security Commission. Pending disposition of such charges, the Oneida Public

Safety and Security Commission or Police Chief may suspend the employee.

(d) Service of Charges. Following service upon the Oneida Public Safety and Security

Commission chairperson, a copy of the charge(s) made by the Police Chief shall be served

upon the person charged. A copy of the charge shall be issued to the person charged within

five (5) business days after charges are sent to the Commission.

301.9-7. Procedure for Responding to Charges.

(a) Participation of the Commission. If the Oneida Public Safety and Security Commission

as a body files charges, it shall retain special counsel to prosecute such charges on the

Commission's behalf and the Oneida Public Safety and Security Commission shall refrain

from any active involvement in the prosecution of such charges. If any member of the

Oneida Public Safety and Security Commission files and actively prosecutes such charges,

such member shall not participate in deliberating the charges or determining whether they

are sustained.

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(b) Docket List. All charges filed with the Oneida Public Safety and Security Commission

shall be recorded on a docket list and assigned a number in sequence of filing with the date

of filing added in parentheses.

Security Commission may have a preliminary investigation conducted to determine if it

has jurisdiction in the matter. If the Oneida Public Safety and Security Commission judges

that it does not have jurisdiction over the charges, it may dismiss the charges. In the event

of such dismissal, the Oneida Public Safety and Security Commission shall notify the

complainant in writing of its action.

(d) Scheduling of Hearing. Following the filing of charges or a request for a hearing, a

copy of the charges shall be served upon the person charged. The Oneida Public Safety and

Security Commission shall set a date for a hearing not less than ten (10) days or more than

thirty (30) days following receipt of the charges. This timeframe may be waived if mutually

agreed.

301.9-8.(3)

Modify any penalty imposed by the Police Chief.

(4) Void the action taken by the Police Chief.

(b)

The Oneida Police Commission Scheduling Conference.

(a) Scheduling Conference. A scheduling conference between the parties and/or their legal

counsel is appropriate to establish the procedural timeline leading up to, and the process

for, the evidentiary hearing.

(b) Purpose of the Scheduling Conference. The following matters shall be accomplished

at the scheduling conference, and the resolution of these issues shall be memorialized in a

scheduling order distributed to the parties:

(1) Establishing the date(s) of the evidentiary hearing;

(2) Setting up deadlines to exchange witness lists and any prior written or recorded

statements or reports of witnesses;

(3) Setting up deadlines to identify and exchange exhibits;

(4) Setting up any discovery deadline. Prehearing discovery is permitted.

(5) Establishing the process and deadlines to request the Oneida Public Safety and

Security Commission to issue subpoenas. The Oneida Public Safety and Security

Commission chairperson has the power to issue subpoenas to compel the attendance

of witnesses;

(6) Arranging for the recording of the testimony. The hearing shall be transcribed

by a court reporter or otherwise recorded to preserve the evidence in case of an

appeal to the Trial Court; and

(7) Determining if there are any objections to any Oneida Public Safety and

Security Commission member participating in the hearing, deliberations, or

decision and the basis for such objections.

301.9-9. Evidentiary Hearing.

(a) Hearing Procedures.

(1) The evidentiary hearing shall be conducted in open session.

(2) Following the evidentiary hearing, the deliberations of the Oneida Public Safety

and Security Commission may be conducted in closed session at the discretion of

the Commission.

(3) The Commission’s vote following deliberations may take place in closed

session, unless the charged party demands that the vote take place in open session.

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(4) A record of the proceedings shall be created by the Commission. Exhibits

introduced shall be marked with a docket number and exhibit number in sequence

of introduction.

(5) Either or both of the parties may be represented by counsel and may compel

the attendance of the witnesses by subpoenas, which shall be issued by the

chairperson of the Commission.

(6) All testimony of witnesses at hearings shall be given under oath, administered

by a member of the Commission.

(b) Order of Proceedings. At the hearing, the order of proceedings shall be as follows:

(1) Reading of the charges by the president.

(2) Opening statement by the parties, if any;

(3) Testimony and introduction of evidence by the charging party to substantiate

the charges, with cross-examination by the accused;

(4) Testimony and introduction of evidence by the accused with cross-examination

by the charging party; and

(5) Closing arguments.

301.9-10. Deliberations, Findings, Conclusions, Orders from Hearing.

(a) Finding of Fact.

(1) At the conclusion of the hearing, the Oneida Public Safety and Security

Commission shall prepare written findings of fact based upon the testimony and

evidence presented and shall prepare conclusions which are based on the findings

and an order consistent with such findings and conclusions within three (3) days

after the conclusion of the hearing and file it with the Oneida Public Safety and

Security Commission Secretary.

(2) For purposes of deliberation after the hearing, the Oneida Public Safety and

Security Commission shall adjourn into closed session. During the deliberation

only Oneida Public Safety and Security Commission members and the

commission’s attorney shall be present.

(b) Just Cause Standard. In determining whether there is just cause for discipline, the

Oneida Public Safety and Security Commission shall apply the standards set forth in

section 301.9-2.

that the charges are not sustained, the charged party shall immediately have all related

disciplinary action taken to date rescinded and all lost pay or other benefits, if any, restored.

(d) Charges Sustained. If the Oneida Public Safety and Security Commission determines

that the charges are sustained, the charged party, by order of the Commission, may impose

any of the following penalties, but is not limited to the penalties listed herein.:

(1)

Verbal consultation;

(2)

Written reprimand.;

(3)

Suspension without pay.;

(4)

Demotion in rank.; or

(5)

Termination of employment.

writingPublic Safety and include:

(1) A statement of all charges filed.

(2) The specific rule(s), policy(s), or standard(s) of conduct violated.

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(3) A list of charges that the Oneida PoliceSecurity Commission found were provenshall

announce its decision in open session.

(4) A summary of the disciplinary actions considered(f) Appeal of Decision. Any

law enforcement officer suspended, demoted, reassigned, or removed by the

Oneida Police Commission.

(5) The disciplinary action ordered by the Oneida Police Commission Public Safety

and any special actions attached to the approved disciplinary action.

(d) In acting on a complaint including a request for termination of employment, filed with

the Oneida Police Commission, the Oneida PoliceSecurity Commission may:

(1) Dismiss appeal from the complaint.

(2) Dismiss or modify certain charges filed.

(3) Conclude thatorder of the testimonyOneida Public Safety and evidence sustain

the charges and impose a penalty.

(4) Allow the Oneida Police Commission the power to hire an outside agency to

conduct the investigation of allegations against the Police Chief.

301.9-9.

Appeals of Commission Findings. Appeals of Oneida Police Commission's

ruling shall be made Security Commission to the Judiciary.

301.10.

Administrative Leave: of Law Enforcement Officers.

301.10-1. General. Administrative leave is an action commenced by the Police Chief affecting

the status of a law enforcement officer. A law enforcement officer is temporarily relieved of all

law enforcement powers while on administrative leave. The law enforcement officer continues to

receive salary and is responsible to report to the Police Chief or perform other duties as assigned.

Administrative leave does not denote wrong-doing on the part of the law enforcement officer.

301.10-2. Applicability. Administrative leave may only be ordered in the following

circumstances:

(a) The law enforcement officer poses a threat to themselves or others.

(b) The law enforcement officer is alleged to have committed a violation(s) which calls

for termination of his or hertheir employment as a law enforcement officer and the matter

is under investigation.

investigation and that would cause a loss of public trust in the Oneida Police Department.

(d) The law enforcement officer is under investigation for alcohol or drug abuse.

(e) The law enforcement officer is under investigation for insubordination, untruthfulness,

or commission of a crime.

(f) The law enforcement officer demonstrates behavior indicating the law enforcement

officer is unfit for duty.

301.10-3. Duration of Administrative Leave.

(a) In cases where the law enforcement officer is under formal investigation, the law

enforcement officer willshall remain on administrative leave until the investigation is

completed.

(1) If the investigation results in allegations being sustained, the law enforcement

officer willshall remain on administrative leave pending issuance of discipline.

(2) If the investigation results in a finding that the charges were unfounded or not

sustained, the law enforcement officer shall be immediately returned to active duty

status.

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(b) In cases where the law enforcement officer is placed on administrative leave for other

matters not involving formal investigation, the law enforcement officer shall be returned

to active duty status upon order of the Police Chief. The period of administrative leave in

incidents not involving investigation shall not exceed thirty working(30) calendar days.

301.11.

Firearms Control.

301.11-1. The Oneida Tribe301.11-1. The Oneida Police Department may allow law

enforcement use of service firearms in order to protect life, liberty, property, land, and premises,

according to the usual and current accepted law enforcement standards.

301.11-2. The Nation hereby establishes regulations for the carrying of firearms issued to certified

law enforcement officers employed by the Oneida TribeNation.

(a) The needs and requirements for carrying firearms shall be established and determined

by the Police Chief subject to the review of the Oneida PolicePublic Safety and Security

Commission.

(b) Said requirements shall reflect the needs of the Oneida TribeNation in order to protect

all persons and property.

End.

Adopted - BC -10-10-01-C

Revisor Correction 2004

Amended – BC-02-25-15-C

Amended – BC-__-__-__-__

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Title 3. Health and Public Safety – Chapter 301

Shakotiye=n@s Olihw@ke

The Matters of Those Who Protect Us

LAW ENFORCEMENT

301.1-1 Purpose and Policy

301.2-1 Adoption, Amendment, Repeal

301.3-1 Definitions

301.4-1 General Principles

301.5-1 Oneida Police Department

301.6-1 Oneida Public Safety and Security Commission

301.7-1

301.8-1

301.9-1

301.10-1

301.11-1

Appointment of Law Enforcement Officers

Promotion of Law Enforcement Officers

Disciplinary Proceedings

Administrative Leave

Firearms Control

301.1.

Purpose and Policy

301.1-1. Purpose. The purpose of this law is to regulate the conduct of the Nation’s law

enforcement personnel according to the highest professional standards.

301.1-2. Policy. It is the policy of the Nation to ensure that law enforcement personnel operate at

the highest level of professional standards to ensure the safety and welfare of the community.

301.2.

Adoption, Amendment, Repeal

301.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-10-01-C

and amended by resolution BC-02-25-15-C and BC-__-__-__-__.

301.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida

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

301.2-3. Should a provision of this law or the application there of 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.

301.2-4. 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.

301.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

301.3.

Definitions

301.3-1. 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) “Certified law enforcement officer” means a sworn officer who meets all qualifications

for law enforcement officer, including accepted professional training and experience, State

of Wisconsin Certification or eligibility for Certification which includes but is not limited

to, satisfactory background investigation, psychological evaluation, drug testing, and

police firearms certification.

(b) “Commissioner” shall mean a member of the Oneida Public Safety and Security

Commission.

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.

(d) “Nation” means the Oneida Nation.

(e) “Non-sworn personnel” means an individual employed with the Oneida Police

Department that does not meet the qualifications for a certified law enforcement officer.

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(f) “Oneida Public Safety and Security Commission” means the entity made up of those

individuals appointed by the Oneida Business Committee to provide oversight regarding

the activities and actions of public safety and security operations throughout the

Reservation.

(g) “Police supervisor” means a law enforcement officer who holds the rank of Sergeant

or above.

(h) “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.

301.4.

General Principles

301.4-1. All law enforcement operations of the Nation shall be conducted in accordance with this

law.

301.4-2. Law enforcement operations shall take place on and within the Reservation, unless:

(a) there is a potential that the safety and welfare of an individual is being compromised;

(b) the law enforcement operations occur pursuant to mutual aid agreements with local

governments; or

301.4-3. Law enforcement operations shall be used primarily for the purposes of providing law

enforcement within the Nation and to provide mutual assistance or aid to external law enforcement

services offered by local governments within the Oneida community by powers set forth in section

301.4 of this law, Article IV section 1(f) of the Constitution and By-Laws of the Oneida Nation,

and as set forth in compacts and agreements authorized by the Oneida Business Committee or

General Tribal Council.

301.4-4. The Nation shall appoint and employ law enforcement personnel within its boundaries

as it deems necessary for the purpose of detecting and preventing crime and enforcing the laws of

the Nation, in addition to protection of persons, property, and premises.

301.4-5. The Oneida Police Department may, as authorized and delegated by this law and the

Oneida Business Committee or General Tribal Council, enter into cross-deputization and other law

enforcement agreements with other jurisdictions.

301.5.

Oneida Police Department

301.5-1. There is hereby established an Oneida Police Department which is delegated all law

enforcement authority of the Nation. The Oneida Police Department may create divisions of

operation as may be deemed appropriate.

(a) Oneida Police Department Position Restrictions. All positions and appointments of

the Oneida Police Department shall be subject to Indian preference in hiring, except that

the following positions shall be held only by members of the Nation:

(1) Police Chief;

(2) Assistant Police Chief; and

(3) Police Lieutenant.

301.5-2. Oneida Police Chief. The Oneida Police Department shall be headed by a Police Chief,

appointed pursuant to this law.

(a) The Police Chief shall have authority over departmental personnel and operations,

subject to the authority of the Oneida Public Safety and Security Commission.

(b) Qualifications and Process for Appointment as Police Chief.

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(1) The recruitment and hiring process for Police Chief shall be conducted by the

Oneida Public Safety and Security Commission, with assistance, as needed, by the

Human Resources Department.

(2) No person shall be accepted as a candidate or be eligible to serve as Police

Chief who does not meet the following qualifications:

(A) Current certification in the State of Wisconsin as a law enforcement

officer or upon approval from the applicable State of Wisconsin Standards

Board;

(B) Member of the Nation;

enforcement officer for a state. tribal, local, or federal government, with

preference for:

(i) those who have at least an associate degree in police science,

criminal justice or similar field, or a bachelor’s degree in a related

subject; and

(ii) those with successful supervisory experience;

(D) Current satisfactory background investigation completed by a law

enforcement agency selected by the Oneida Public Safety and Security

Commission with results of the investigation reported directly to the Oneida

Public Safety and Security Commission;

(E) Current satisfactory psychological examination report;

(F) Current satisfactory medical examination report;

(G) Current drug test with negative results for controlled substances; and

(H) Any other minimum requirement as provided for in the job description.

(3) Examinations, interviews, further selection criteria and other processes utilized

in the hiring process of a Police Chief shall be at the discretion of the Oneida Public

Safety and Security Commission,

(4) Upon accepting notification of retirement, resignation, or the removal of a

current Police Chief, the Oneida Public Safety and Security Commission shall

appoint an interim or acting Police Chief who shall serve in said capacity until the

process for appointment of a new Police Chief can be completed.

301.5-3. Law Enforcement Officers.

(a) Educational Requirements. All persons shall meet the following minimum education

requirements within five (5) years of their hire date:

(1) Possess a two (2) year associate degree from an accredited vocational,

technical, or adult education district; or

(2) Possess documentation in the form of an official transcript showing a minimum

of sixty (60) fully accredited college level credits; or

(3) Possess a bachelors degree from accredited college or university.

(b) Conditional Employment. Any person who is not a certified law enforcement officer

at the time of hire, is considered a conditional employee and shall attain the educational

requirements as specified in section 301.5-3(a), within five (5) years of their date of hire.

(1) Conditional employees are not eligible for promotion.

(2) Law enforcement officers who fail to attain the educational requirements within

five (5) years of their date of hire shall be subject to immediate termination.

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enforcement officer may be considered eligible for promotion to supervisor until the

educational requirements of section 301.5-3(a) have been satisfied. Law enforcement

officers promoted prior to the enactment of this law are exempt from the educational

requirements specified in section 301.5-3(a).

301.5-4. Liability Coverage. To the extent the Federal Tort Claims Act coverage does not apply,

the Nation shall provide professional liability insurance for all law enforcement officers.

301.5-5. Declaration of Additional Restrictions of Employees. All personnel of the Oneida

Police Department shall be bound by standard operating procedures that are required as a result of

the specific and unique needs of law enforcement.

301.5-6. Law Enforcement Officers to Be Sworn. All law enforcement officers shall be installed

by sworn oath before the Oneida Business Committee during a regular or special Oneida Business

Committee meeting, or at an alternative time and location as determined by the Oneida Business

Committee Secretary.

(a) When taking an oath, the law enforcement officer shall appear in person to take their

oath, except if granted permission by the Oneida Business Committee Secretary to appear

through video conferencing, or through other telecommunications.

(b) If an oath is administered outside of an Oneida Business Committee meeting, a quorum

of Oneida Business Committee members shall be present to witness the oath.

301.6. Oneida Public Safety and Security Commission

301.6-1. Establishment. There is hereby established an Oneida Public Safety and Security

Commission to provide oversight regarding the activities and actions of public safety and security

operations throughout the Reservation to provide the greatest possible professional services to the

Nation and to allow for community input regarding those public safety and security services

through its representatives on the Oneida Public Safety and Security Commission. The Oneida

Public Safety and Security Commission is an oversight body of the following departments of the

Nation, but its oversight authority does not involve decision making processes on day-to-day

activities of those public safety services:

(a) Oneida Police Department;

(b) Internal Security Department; and

Oneida Public Safety and Security Commission.

301.6-2. Appointment of Commissioners. The Oneida Business Committee shall appoint five

(5) members to the Oneida Public Safety and Security Commission for a term of five (5) years.

Commissioners may serve more than one (1) term, but not more than three (3) consecutive terms.

301.6-3. Commissioner Eligibility Qualifications. In order to be eligible for membership on the

Oneida Public Safety and Security Commission an individual shall:

(a) Be a member of the Nation;

(b) Be twenty-five (25) years of age or older;

(1) A felony conviction in the State of Wisconsin, or any conviction of a crime in

another state that would be considered a felony conviction if the offense and

adjudication occurred in the State of Wisconsin;

(2) A felony arrest which results in a misdemeanor conviction due to a plea

arrangement;

(3) A conviction of any law violation that could bring discredit to the Oneida Public

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Safety and Security Commission; or

(4) Any pardon issued by the Nation or the governor of any State, for an offense

specified in sections 301.6-4(c)(1)-(3), shall not deem a person as “exonerated” for

the purposes of membership on the Oneida Public Safety and Security Commission;

(d) Not be employed with or terminated from the Oneida Police Department, Internal

Security Department, or any other public safety operation overseen by the Oneida Public

Safety and Security Commission;

301.6-4. Responsibilities in Regard to the Oneida Police Department. The Oneida Public Safety

and Security Commission shall be responsible for and empowered to do the following in regard to

the Oneida Police Department:

(a) Appoint, suspend, or remove the Police Chief of the Oneida Police Department.

(b) Approve all law enforcement officer appointments made by the Police Chief including

the promotion of subordinates.

law enforcement officer or promotion.

(d) Hear charges filed against law enforcement officers of the Police Department, whether

filed by the Oneida Public Safety and Security Commission or the Police Chief, make

findings and determinations, and impose penalties, up to and including termination.

(e) Hear appeals of disciplinary actions against any sworn law enforcement officers.

(1) The Oneida Public Safety and Security Commission shall not have authority

over disciplinary actions of non-sworn personnel.

(f) Adopt standard operating procedures governing the Oneida Public Safety and Security

Commission’s management of its own activities.

301.6-5. Responsibilities in Regard to the Internal Security and Other Departments. The

responsibilities of the Oneida Public Safety and Security Commission in regard to the Internal

Security Department or any other safety operation department of the Nation shall be provided for

in the Oneida Public Safety and Security Commission bylaws.

301.6-6. Removal From Office. A member of the Oneida Public Safety and Security Commission

may have their appointment terminated by the Oneida Business Committee for:

(a) Misconduct in office;

(b) Conduct which could jeopardize the reputation of the Nation, the Oneida Public Safety

and Security Commission, or the public safety system;

qualifications specified in section 301.6-3(c) above; or

(d) Violation of the confidentially of closed hearings or any other information declared

confidential by the Oneida Public Safety and Security Commission.

301.7. Appointment of Law Enforcement Officers

301.7-1. Job Task Analysis. The Police Chief shall develop a job task analysis (job description)

for law enforcement officers and submit the job task analysis to the Oneida Public Safety and

Security Commission for approval.

301.7-2. Hiring Criteria. Hiring criteria for law enforcement officers, shall be developed by the

Oneida Public Safety and Security Commission and implemented by the Police Chief. The hiring

criteria shall include, but not be limited to, the following:

(a) educational requirements;

(b) satisfactory background investigation;

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(d) medical certification.

301.7-3. Hiring Process Outline. A hiring process outline shall be developed by the Oneida Public

Safety and Security Commission and implemented by the Police Chief. The hiring process outline

shall detail specific steps involved in the hiring process for law enforcement officers, and steps in

the process involving scoring, rank scoring, or grading shall be specified, as well as passing grades

or scores. The hiring process outline shall include all pertinent steps involved in the hiring process

including, but not limited to, the following:

(a) application process;

(b) application screening;

(d) oral interviews;

(e) physical agility testing;

(f) background investigation;

(g) conditional offer of employment; and

(h) psychological and medical testing.

301.7-4. Approval of Additional Law Enforcement Personnel.

(a) The Police Chief shall make a request for the hiring of additional law enforcement

personnel through the Human Resources Department processes.

(b) Upon receiving approval, the Police Chief shall make a formal request to the Human

Resources Department for posting the position(s) available. The current job task analysis,

hiring criteria. and hiring process outline shall be submitted to the Human Resources

Department by the Police Chief.

301.7-5. Process. All phases of the hiring process shall be conducted in accordance with the

hiring process outline. Duties and responsibilities of persons involved in the process shall be

specified in the outline.

301.7-6. Eligibility List.

(a) Upon completion of all screening steps of the hiring process outline, a list shall be

compiled of all candidates based on cumulative scores earned by each applicant in all

graded or scored steps of the current hiring process.

(b) Candidates shall be ranked in inverse numerical order, that is the candidate with the

highest cumulative score is ranked “1”, the candidate with the second highest cumulative

score is ranked “2”, etc.

Commission and submitted to the Police Chief.

(d) The eligibility list will be valid for one (1) year from the date it was compiled.

(e) The order of appointment of applicants to the position of law enforcement officers

shall follow the order of the eligibility list contingent upon satisfactory background

investigation, psychological testing, and medical testing.

301.7-7. Commencement of Background Investigation.

(a) Upon receiving the approved eligibility list, the Police Chief shall direct a subordinate

to commence a background investigation upon candidates based on their numerical ranking

on the eligibility list, starting with the top candidate.

(b) Results of the background investigation shall be forwarded to the Police Chief and the

Oneida Public Safety and Security Commission.

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report by either the Police Chief or the Oneida Public Safety and Security Commission.

Such determinations by the Police Chief of the Oneida Public Safety and Security

Commission shall be made in writing.

301.7-8. Conditional Offer of Employment. Provided a candidate has satisfactory results in a

background investigation, an offer of employment shall be sent to the candidate. The offer shall

specify the candidate’s appointment to the position of law enforcement officer contingent upon

satisfactory psychological and medical testing.

301.7-9. Appointment. Provided a candidate has passed psychological and medical testing, a

formal offer of employment shall be extended to the candidate by the Police Chief. In the event

the candidate lacks the minimum educational requirements as specified in Section 301.5-3(a), the

contingency of employment shall be specified in the offer.

301.8. Promotion of Law Enforcement Officers

301.8-1. Criteria for Promotion. The Oneida Public Safety and Security Commission and the

Police Chief shall establish specific criteria for the promotion of law enforcement officers. The

criteria shall be placed on the notice or position posting for the promotion.

301.8-2. Process. The process for promotion shall be developed by the Police Chief and approved

by the Oneida Public Safety and Security Commission. The specifics of the process shall be placed

on the notice or position posting for said promotion.

301.8-3. Psychological Testing Required. All candidates for promotion shall undergo

psychological testing and have a satisfactory report prior to promotion. The results of such test

shall be made available to the Police Chief and the Oneida Public Safety and Security Commission

chairperson.

301.8-4. Promotion. Upon completion of all steps in the promotion process, a law enforcement

officer may be promoted upon review and recommendation of Oneida Public Safety and Security

Commission to the Police Chief.

301.9 Disciplinary Proceedings for Law Enforcement Officers

301.9-1. Disciplinary actions for law enforcement officers shall be governed by this provision of

the Law. Disciplinary actions of non-sworn personnel of the Oneida Police Department shall be

governed by the Nation’s laws, policies, and rules governing employment.

301.9-2. Just Cause Standard. Just cause is determined using the following standards, to the

extent possible:

(a) Whether the law enforcement officer could reasonably be expected to have had

knowledge of the probable consequences of the alleged misconduct.

(b) Whether the procedure the law enforcement officer allegedly violated is reasonable.

made a reasonable effort to discover whether the law enforcement officer did, in fact,

violate a procedure.

(d) Whether the investigation was fair and objective.

(e) Whether the Police Chief discovered substantial evidence that the law enforcement

officer violated the procedure as described in the charges filed against the law enforcement

officer.

(f) Whether the Police Chief is applying the rule or order fairly and without discrimination

against the law enforcement officer.

(g) Whether the proposed discipline is reasonable as it relates to the seriousness of the

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