Oneida Business Committee (2019)

Tribal code

Ask Donna

What actually matters in this document.

Text

1 of 152

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room-2nd Floor Norbert Hill Center

February 6, 2019

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. January 16, 2019 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Employee Protection Policy Amendments (pg. 4)

2. Domestic Animals Amendments (pg. 30)

3. Sanctions and Penalties Law (pg. 100)

IV.

New Submissions

1. Sexual Harassment and Workplace Violence Investigations (pg. 108)

Additions

VI.

Administrative Updates

1. Legislative Operating Committee FY19 First Quarter Report (pg. 142)

2. Boards, Committees and Commissions Bylaw Amendments Update (pg. 148)

VII.

Executive Session

VIII. Recess/Adjourn

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

2 of 152

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

GDDDOO

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 16, 2019

9:00 a.m.

Present: Kirby Metoxen, Jennifer Webster, Ernest Stevens III, Daniel Guzman King

Excused: David P. Jordan (funeral leave)

Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Jennifer Falck, Kristen

Hooker, Leyne Orosco, Michelle Myers, Lee Cornelius, James Petitjean

Call to Order and Approval of the Agenda

Kirby Metoxen called the January 16, 2019 Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Ernest Stevens III to approve the agenda; seconded by Jennifer Webster. Motion

carried unanimously.

II.

Minutes to be Approved

1. January 2, 2019 LOC Minutes

Motion by Jennifer Webster to approve the January 2, 2019 Legislative Operating

Committee meeting minutes and forward to the Oneida Business Committee for

consideration; seconded by Ernest Stevens III. Motion carried unanimously.

2. January 7, 2019 LOC Special Meeting Minutes

Motion by Jennifer Webster to approve the January 7, 2019 Legislative Operating

Committee meeting minutes and forward to the Oneida Business Committee for

consideration; seconded by Ernest Stevens III. Motion carried unanimously.

III.

Current Business

1. Domestic Animals Amendments (1:36-20:57)

Motion by Jennifer Webster to accept the draft and the legislative analysis of the

amendments to the Domestic Animals law and defer these items to a work meeting

for further consideration; seconded by Ernest Stevens III. Motion carried

unanimously.

2. Children’s Code (21:01-32:25)

Motion by Jennifer Webster to accept the Children’s Code Implementation Quarterly

Update and forward to the Oneida Business Committee; seconded by Ernest Stevens

III. Motion carried unanimously.

r'\.

OOODDD=

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

Legislative Operating Committee Meeting Minutes of January 16, 2019

Page 1 of 2

ONEIDA

3 of 152

IV.

New Submissions

Additions

VI.

Administrative Updates (32:35-35:57)

1. Oneida Personnel Commission Update

Motion by Ernest Stevens III to accept the Oneida Personnel Commission update and

forward to the Oneida Business Committee; seconded by Jennifer Webster. Motion

carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Ernest Stevens III to adjourn the January 16, 2019 Legislative Operating

Committee meeting at 9:37 a.m.; seconded by Daniel Guzman King. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of January 16, 2019

Page 2 of 2

4 of 152

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

February 6, 2019

Employee Protection Policy

Amendments

Submission Date: 12/20/17

LOC Sponsor: David P. Jordan

Public Meeting: 12/3/18

Emergency Enacted: 4/25/18

Summary: The purpose of the Employee Protection Policy is to give protection to employees who

give information that is intended to protect the Nation. The processes set forth in the Personnel Policies

& Procedures may be sufficient protection for employees who act to protect the Nation’s interests. The

request is the LOC consider amendments or rescinding the law.

12/20/17LOC: Motion by Jennifer Webster to add Employee Protection Policy to the Active Files List with a

high priority and David P. Jordan as the sponsor; seconded by Daniel Guzman King. Motion

carried unanimously.

2/21/18LOC: Motion by Jennifer Webster to reprioritize the active files list lowering the Drug and Alcohol

Free Law for Elected and Appointed Officials to medium, Employee Protection to medium,

removing Hall of Fame Repeal, and to bump up Wellness Court, UCC Codes, and Industrial

Hemp to High Priority; seconded by Daniel Guzman King. Motion carried unanimously.

4/18/18 LOC: Motion by Jennifer Webster to change the status to Emergency Amendments; seconded by

Daniel Guzman King. Motion carried unanimously.

4/18/18:

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

Metoxen, Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Jo Anne House, Tani Thurner,

Laura Laitinen-Warren. The purpose of this work meeting was to discuss an update and plan

for the emergency amendments.

4/20/18:

E-Poll conducted.

4/25/18 OBC: Motion by Kirby Metoxen to adopt resolution 04-25-18-G Employee Protection Policy

Emergency Amendments, seconded by Brandon Stevens. Motion carried unanimously.

5/2/18 LOC:

Motion by Kirby Metoxen to enter the Employee Protection Emergency Amendments E-poll

into the record; seconded by Ernest Stevens III. Motion carried unanimously.

5/16/18:

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

Metoxen, Ernest Stevens III, Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Laura

Laitinen-Warren. The purpose of this work meeting was to review and discuss the drafted

permanent amendments. Drafting attorney will update the draft.

6/15/18:

Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Matthew J. Denny. The

purpose of this work meeting was to discuss HRD’s potential involvement in the disclosure

portion of the Employee Protection Policy.

Page 1 of 3

5 of 152

6/22/18:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Brandon Stevens, Clorissa Santiago,

Brandon Wisneski, Cathy Bachhuber, Laura Laitinen-Warren. The purpose of this work

meeting was to review potential options for revisions to the law – specifically the disclosure

section. The LRO will conduct further research, and the drafting attorney will update the draft.

7/11/18:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Falck, Clorissa Santiago,

Brandon Wisneski, Maureen Perkins. The purpose of this work meeting was to review

requested research on other Tribal Employee Protection/Whistleblower laws and to review

potential models for the draft.

8/23/18:

Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Matthew J. Denny, Nic

Reynolds. Due to a majority of the meeting attendees not making the meeting, this work

meeting was spent answering some questions regarding the draft, and discussing next steps.

Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Loucinda Conway, Man from

Hotline Development Company. Audit provided information on the Whistleblower hotline

and how it will work.

9/5/18:

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

Clorissa Santiago, Kristen Hooker, Brandon Wisneski, Maureen Perkins. The purpose of this

work meeting was to obtain more direction from the LOC on how to proceed with this law

now that more information on Audit’s Whistleblower hotline was obtained.

9/5/18 LOC:

Motion by Jennifer Webster to approve the memo [Regarding 8/27 GTC Directive] and

forward to the Oneida Business Committee: seconded by Daniel Guzman King. Motion

carried unanimously.

9/27/18:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens

III, Jennifer Falck, Clorissa Santiago, Kristen Hooker, Brandon Wisneski, Maureen Perkins,

Fawn Billie. The purpose of this work meeting was to review research and statistics on the

Employee Protection law, and then discuss and decide on an option to move this law forward.

Drafting attorney and analyst will move forward with finalizing draft and analysis and bring

back to LOC.

9/26/18/ OBC: Motion by Lisa Summers to adopt resolution 09-26-18-F Rescission of the Dissolution of the

Oneida Personnel Commission and Related Emergency Amendments in Accordance with

General Tribal Council’s August 27, 2018 Directive with one amendment [to include language

which requires bimonthly updates to the Oneida Business Committee at the second regular

meeting of the month], seconded by Kirby Metoxen. Motion carried.

10/3/18 LOC: Motion by Kirby Metoxen to remove the emergency designation from the Employee

Protection Policy amendments; seconded by Ernest Stevens III. Motion carried unanimously.

10/9/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Loucinda Conway, Jackie

Johnson, Mary Graves. The purpose of this work meeting was to obtain Internal Audit’s

comments on the proposed draft, and find out if it is consistent with the Hotline policies.

10/17/18 LOC: Motion by Jennifer Webster to accept the draft and legislative analysis of the amendments to

the Employee Protection Policy and defer to a work meeting; seconded by Ernest Stevens III.

Motion carried unanimously.

Page 2 of 3

6 of 152

10/17/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman, Ernest Stevens

III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Rosa Laster. The purpose of this

work meeting was to begin reviewing the legislative analysis and making policy

considerations. LRO will prepare a public meeting packet for the next LOC meeting.

12/3/18:

Public Meeting Held.

12/19/18 LOC: Motion by Jennifer Webster to accept the public comments and public comment review

memorandum and defer to a work meeting for consideration; seconded by Ernest Stevens III.

Motion carried unanimously.

12/19/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens

III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting

was to review and consider the public comments that were received during the public comment

period.

1/2/19 LOC:

Motion by Jennifer Webster to accept the updated public comment review memorandum;

seconded by Daniel Guzman King. Motion carried unanimously.

Subsequent motion by Jennifer Webster to approve the fiscal impact statement memorandum

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

Whistleblower Protection law be prepared for inclusion on the February 6, 2019 Legislative

Operating Committee meeting agenda; seconded by Ernest Stevens III. Motion carried

unanimously.

Next Steps:

▪

Approve the adoption packet for the Whistleblower Protection law and forward to the Oneida

Business Committee for consideration.

Page 3 of 3

7 of 152

Oneida Nation

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida·nsn.gov

TO:

FROM:

DATE:

RE:

,"\

Oneida Business Committee

Legislative Operating Committee

C\ \ \ ~

Oneida Business Committee

David P. Jordan, LOC Chairperson~

February 13, 2019

Whistleblower Protection Law

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

Whistleblower Protection law:

Resolution: Whistleblower Protection Law

Statement of Effect: Whistleblower Protection Law

Whistleblower Protection Law Legislative Analysis

Whistleblower Protection Law

Whistleblower Protection Law Fiscal Impact Statement

Overview

On December 20, 2017, the Legislative Operating Committee decided to pursue amendments to

the Nation's Employee Protection Policy. The purpose of the Employee Protection Policy is to

protect employees who give info1mation that is intended to protect the Nation from fraud, theft or

other detrimental effects.

Through the development of amendments to the Employee Protection Policy the Legislative

Operating Committee determined that due to the substantial amount of proposed amendments, and

the change in title of the law, the Whistleblower Protection law should be considered the adoption

of a new law that repeals and replaces the Employee Protection Policy instead of amendments to

the Employee Protection Policy.

Although the proposed Whistleblower Protection law simplifies the process and procedure

contained in the Employee Protection law, the Whistleblower Protection law maintains the

Employee Protection Policy's original intent to give protection to employees who provide

information intended to protect the Nation from detrimental effects.

This resolution adopts the proposed Whistleblower Protection law which will give protection to

employees who give information that is intended to protect the Nation from fraud, theft, or other

detrimental effects. The Whistleblower Protection law will:

• Provide that whistleblowing occurs when an employee discloses information that the

employee reasonably believes provides evidence that protects the Nation from any adverse

actions of its employees that may result in a detrimental effect to the Nation [2 0. C. 211 .41};

• Protect an employee from any retaliatory action that results from making a disclosure of

information [2 O.C. 211.4-2};

Page 1 of 2

A good mind. A good hea rt. A strong fire.

8 of 152

•

Provide that an employee shall make a disclosure of info1mation through the use of the

anonymous Fraud hotline or submission of a written disclosure to the Nation's Internal

Audit Department [2 O.C. 211.4-3];

Grant authority to the Internal Audit Department to review the disclosure and conduct an

investigation and/or an internal audit into the disclosure, if deemed appropriate, in addition

to requiring the Internal Audit Department to report their findings to an appropriate entity

for action to address the findings if necessary [2 O.C. 211.4-5];

Allow an employee who alleges retaliatory action has been threatened or taken based on

the employee's disclosure of information to file a complaint for the retaliatory action in

accordance with the grievance procedures provided in the Nation's Personnel Policies and

Procedures [2 0. C. 211.5-1];

Protect the employee from retaliatory action if it is found that the employee made a

disclosure of information, the individual alleged to have taken retaliatory action against the

disclosing employee was aware or became aware the disclosing employee had disclosed

information, and the action taken against the disclosing employee was retaliatory as a result

of the disclosure of information [2 O.C. 211.5-2];

Provide enforcement for an individual who is found to have retaliated against an employee

who made a disclosure of info1mation pursuant to this law [2 O.C. 211.5-3}; and

Repeal and replace the Nation's cmTent Employee Protection Policy .

The Legislative Operating Committee developed the proposed Whistleblower Protection law

through the review of various laws of the Nation, as well as a review of laws providing

whistleblower protection from five (5) other tribal nations. The Legislative Operating Committee

consulted with the Internal Audit Department, the Human Resources Department's Equal

Opportunity Department and Training and Development Depaitment, Oneida Personnel

Commission, Oneida Nation School Board, Oneida Nation Gaming Commission, and Oneida

Nation Police Commission.

In accordance with the Legislative Procedures Act, a public meeting on the proposed

Whistle blower Protection law was held on December 3, 2018. Five (5) people attended the public

meeting with one (1) person providing oral comments. The public comment period closed on

December 10, 2018. The Legislative Operating Committee received one (1) written comment

during the public comment period. The two (2) public comments received were accepted,

reviewed, and considered by the Legislative Operating Committee on December 19, 2018. Any

changes made based on those comments have been incorporated into this draft.

The.proposed Whistleblower Protection law is intended to work in conjunction with the Nation's

new anonymous Fraud Hotline, which became effective on December 1, 2018. The intent of the

anonymous Fraud Hotline is to provide a centralized way for employees to repo1t fraud, unlawful,

unethical, or other types of inappropriate behavior without fear of retaliation. The Fraud Hotline

is administered by a third party and is available twenty-four (24) hours per day, seven (7) days per

week.

Requested Action

Approve the Resolution: Whistleblower Protection law.

Page 2 of 2

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

ONEIDA

Oneida Nation

9 of 152

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # ________________

Whistleblower Protection Law

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the purpose of the Whistleblower Protection law (“the Law”) is to provide protection to

employees of the Nation who give information that is intended to protect the Nation from

fraud, theft, or other detrimental effects; and

WHEREAS,

whistleblowing occurs when an employee discloses information that the employee

reasonably believes provides evidence that protects the Nation from any adverse actions

of its employees that may result in a detrimental effect to the Nation; and

WHEREAS,

the Law protects an employee from any retaliatory action that results from making a

disclosure of information; and

WHEREAS,

an employee can make a disclosure of information through the use of the Nation’s

anonymous Fraud hotline or submission of a written disclosure to the Nation’s Internal

Audit Department; and

WHEREAS,

the Internal Audit Department is granted the authority to review the disclosure and conduct

an investigation and/or an internal audit into the disclosure, if deemed appropriate, in

addition to requiring the Internal Audit Department to report their findings to an appropriate

entity for action to address the findings if necessary; and

WHEREAS,

an employee who alleges retaliatory action has been threatened or taken based on the

employee’s disclosure of information is allowed the opportunity to file a complaint for the

retaliatory action in accordance with the grievance procedures provided in the Nation’s

laws governing employment; and

WHEREAS,

the Law protects the employee from retaliatory action if it is found that the employee made

a disclosure of information, the individual alleged to have taken retaliatory action against

the disclosing employee was aware or became aware the disclosing employee had

disclosed information, and the action taken against the disclosing employee was retaliatory

as a result of the disclosure of information; and

WHEREAS,

enforcement for an individual who is found to have retaliated against an employee who

made a disclosure of information is provided by this Law; and

10 of 152

BC Resolution _____________

Whistleblower Protection Law

Page 2 of 2

WHEREAS,

a public meeting on the proposed Law was held on December 3, 2018, in accordance with

the Legislative Procedures Act, and the public comments were reviewed and accepted by

the Legislative Operating Committee on December 19, 2018.

NOW THEREFORE BE IT RESOLVED, that the Whistleblower Protection law is hereby adopted and shall

become effective on February 27, 2019.

BE IT FURTHER RESOLVED, that the Whistleblower Protection law hereby repeals and replaces the

Nation’s Employee Protection Policy which was adopted by emergency pursuant to BC-04-20-95-B,

permanently adopted pursuant to BC-12-06-95-B and subsequently amended pursuant to BC-01-20-99-B,

BC-06-30-04-J, and BC-02-25-15-C.

BE IT FINALLY RESOLVED, that any individual who has been granted protected status under the

Employee Protection Policy shall maintain his or her protected status, but shall use the provisions found in

section 211.5 of the Whistleblower Protection law for protection from retaliation.

11 of 152

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Whistleblower Protection Law

Summary

This resolution adopts the Whistleblower Protection law which provides protection to employees

of the Nation who give information that is intended to protect the Nation from fraud, theft, or other

detrimental effects.

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

Date: February 6, 2019

Analysis by the Legislative Reference Office

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

resolution GTC-01-07-13-A for the purpose of providing a process for the adoption of laws of the

Nation. [1 O.C. 109.1-1]. This resolution adopts the Whistleblower Protection law, which

complies with all processes and procedures required by the LPA, including the development of a

legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting

and public comment period. [1 O.C. 109.6, 109.7, 109.8].

The proposed Whistleblower Protection law will provide protection to employees of the Nation

who give information that is intended to protect the Nation from fraud, theft, or other detrimental

effects.

In accordance with the LPA, a public meeting on the proposed Whistleblower Protection law was

held on December 3, 2018. Five (5) members of the community attended the public meeting with

one (1) person providing oral comments. The public comment period closed on December 10,

2018. The Legislative Operating Committee received one (1) written comment during the public

comment period. The two (2) public comments received were accepted, reviewed, and considered

by the Legislative Operating Committee on December 19, 2018. Any changes made based on those

comments have been incorporated into this draft.

The Whistleblower Protection law will become effective ten (10) business days after the adoption

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

Adoption of the Whistleblower Protection law will repeal the Nation’s current Employee

Protection Policy which was adopted by emergency pursuant to BC-04-20-95-B, permanently

adopted pursuant to BC-12-06-95-B and subsequently amended pursuant to BC-01-20-99-B, BC06-30-04-J, and BC-02-25-15-C. The LPA states that a majority vote is required for the adoption

of a law by the Oneida Business Committee, and laws shall be repealed in accordance with the

laws governing Oneida Business Committee action. [1 O.C. 109.9-2(a)].

Page 1 of 2

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

12 of 152

Additionally, this resolution provides a grandfather clause for those individuals who have

previously been granted employee protection under the Employee Protection Policy, which

clarifies that any individual who has been granted protected status under the Employee Protection

Policy shall maintain his or her protected status but shall use the provisions found in section 211.5

of the Whistleblower Protection law for protection from retaliation.

Conclusion

Adoption of this Resolution would not conflict with any of the Nation’s laws.

Page 2 of 2

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

ONEIDA

13 of 152

Analysis to BC Consideration

2019 02 06

WHISTLEBLOWER PROTECTION LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

LOC

Intent of the

Amendments

Purpose

Affected Entities

Affected

Legislation

Enforcement/Due

Process

Public Meeting

Fiscal Impact

SPONSOR:

DRAFTER:

ANALYST:

David P. Jordan

Clorissa N. Santiago

Brandon Wisneski

To repeal the Employee Protection Policy and replace it with a Whistleblower

Protection Law that incorporates the Nation’s new anonymous Fraud Hotline; to

ban retaliation against employees; to direct all whistleblower disclosures to the

Fraud Hotline or Internal Audit Department; to provide a grievance and complaint

process for employees who have been retaliated against; and to provide disciplinary

actions and other consequences for employees and officials who retaliate against

whistleblowers.

To give protection to employees who give information that is intended to protect

the Nation from fraud, theft or other detrimental effects [see 211.1-1].

All employees of the Nation. All elected and appointed officials of the Nation.

Internal Audit Department, Audit Committee, Human Resources Department,

Personnel Commission, Judiciary, Oneida Business Committee, Oneida Law

Office, Oneida Police Commission, Oneida Nation School Board, Oneida Gaming

Commission.

Employee Protection Policy; Personnel Policies and Procedures (Blue Book);

Boards; Committees and Commissions Law, Removal Law and Internal Audit Law.

Employees of the Nation who retaliate against an employee may be subject to

disciplinary action, up to and including termination. Elected and appointed officials

of the Nation who retaliate against an employee may be subject to sanctions and

penalties, removal from office or termination of appointment [see 211.5-3].

A public meeting was held on December 3, 2018.

See fiscal impact statement prepared by Finance Dept. in accordance with the

Legislative Procedures Act.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. The Employee Protection Policy was first adopted by the Oneida Business Committee on April 20,

1995. The purpose of the law is to protect employees who give information that is intended to protect

the Nation from fraud, theft or other detrimental effects. The current Employee Protection Policy

provides a process for how employees make disclosures, a process to request “protected status” that

allows protected employees to bypass the normal complaint and grievance process in the Personnel

Policies and Procedures, and the ability of protected employees to receive a “protective order” from the

Personnel Commission if they are retaliated against.

B. Amendments to the Employee Protection Policy were added to the Legislative Operating Committee’s

Active Files List on December 20, 2017. Over the course of developing amendments, the LOC

determined that the proposed changes to the law were substantial enough that the Whistleblower

Protection Policy should be considered a new law that repeals and replaces the Employee Protection

Policy.

C. The proposed Whistleblower Protection Law is intended to work in conjunction with the Nation’s new

anonymous Fraud Hotline, which became effective on December 1, 2018. The anonymous Fraud

Hotline is intended to be a centralized way for employees to report fraud, unlawful, unethical or other

types of inappropriate behavior without fear of retaliation. The Fraud Hotline is administered by a third

Page 1 of 9

14 of 152

Analysis to BC Consideration

2019 02 06

party and is available 24 hours per day, seven days per week. Reports from the Fraud Hotline are sent

to the Internal Audit Department for follow-up and potential investigations.

D. This proposed law repeals the Employee Protection Policy and replaces it with a new Whistleblower

Protection Law. The intent of the law is to ban retaliation against employees; to direct all whistleblower

disclosures to the Fraud Hotline or Internal Audit Department; to provide a grievance and complaint

process for employees who have been retaliated against; and to provide disciplinary actions and other

consequences for employees and officials who retaliate against whistleblowers.

SECTION 3. CONSULTATION AND OUTREACH

A. The Legislative Operating Committee (LOC) held work meetings with Internal Audit, Human

Resources Equal Employment Opportunity (EEO) and HRD Training and Development in the

development of this law and analysis. In addition, representatives from the Gaming Commission,

School Board and Police Commission were invited to attend a work meeting to provide input regarding

the Employee Protection Policy. The LOC received data regarding historical Employee Protection

Policy caseload from staff of the following entities: Oneida Personnel Commission, Oneida Nation

School Board, Oneida Nation Gaming Commission, and Oneida Nation Police Commission.

B. The following Oneida laws were reviewed in the drafting of this analysis: Personnel Policies and

Procedures, Boards, Committees and Commissions Law, Removal Law, Internal Audit Law, and Code

of Ethics. In addition, the following laws were reviewed in drafting this analysis:

 Ho Chunk Nation Employment Relations Act

 Mashantucket Pequot Tribal Whistleblower Law

 Little Traverse Band of Odawa Indians Whistleblower Protection

 Seminole Nation Whistleblower Protection

 Osage Nation Whistleblower Protection Law

SECTION 4. PROCESS

A. Thus far, this law has followed the process set forth in the Legislative Procedures Act (LPA).

B. The law was added to the Active Files List under Employee Protection Policy on 12/20/2017.

C. At the time this legislative analysis was developed, the following work meetings were held/scheduled

regarding the development of this law and legislative analysis:

 April 18, 2018: LOC Work Meeting.

 May 16, 2018: LOC Work Meeting.

 June 15, 2018: Work Meeting with HRD EEO.

 June 22, 2018: LOC Work Meeting.

 July 11, 2018: LOC Work Meeting.

 August 23, 2018: Work Meeting with HRD EEO and HRD Training and Development.

Representatives from the Gaming Commission, Police Commission and School Board were also

invited to this meeting.

 August 23, 2018: Work Meeting with Internal Audit Department.

 September 27, 2018: LOC Work Meeting.

 October 9, 2018: Work Meeting with Internal Audit Department.

 October 17, 2018: LOC Work Meeting.

 December 19, 2018: LOC Work Meeting.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Repeal of Employee Protection Policy. Adoption of the proposed Whistleblower Protection Law will

repeal and replace the current Employee Protection Policy [see 211.2-4(a)]. This analysis provides

comparisons between the current Employee Protection Policy and the proposed Whistleblower

Protection Law.

Page 2 of 9

15 of 152

Analysis to BC Consideration

2019 02 06

100

101

102

103

104

B. What is “Whistleblowing”? A whistleblower is an employee who shares evidence or provides

information that protects the Oneida Nation from adverse actions of its employees [see 211.4-1].



Examples in the law include: any dishonest or fraudulent act, deceptive business practices,

theft, extortion, bribery, embezzlement, blackmail, tampering and or falsifying records,

forgery, misappropriation or misuse of the Nation’s funds, disclosure of confidential

information, destruction, removal or inappropriate use of property of the Nation, unsafe

working conditions, poor management, or unethical conduct or violation of a law or policy of

the Nation.

C. Ban on Retaliation. Employees who make whistleblower disclosures under this law are protected from

retaliation [see 211.4-2]. Examples of retaliation listed in this law include:



Disciplinary Actions such as dismissal, demotion, transfer, removal of duty, refusal to restore,

layoff, furlough, suspension, and/or reprimand.



Non-Disciplinary Actions such as loss of hours, rescheduling shifts outside of normal shift

changes, change of job requirements without notice, verbal or physical harassment, reduction

of pay, denial of educational benefits, reassignment, and/or failure to increase base pay.

D. Where to Submit Whistleblower Disclosures. Employees will now submit all whistleblower

disclosures using the Fraud Hotline or by submitting in writing to the Internal Audit Department [see

211.4-3]. Previously, employees also had the option of submitting their disclosures to the Personnel

Commission, Oneida Nation School Board, Oneida Police Commission, Oneida Gaming Commission,

or to a supervisor, law enforcement official, attorney, or employee advocate. Now, all employees will

submit whistleblower disclosures to one centralized location.

Chart 1. Comparison of Where to Submit Whistleblower Disclosures.

Employee Protection Policy (current)

Whistleblower Protection Law (proposed)

Employee Submits to one of the following:

 Anonymous Fraud Hotline

 Internal Audit,

 Internal Audit

 Gaming Commission,

 School Board,

 Police Commission,

 Personnel Commission, or

 Supervisor, Law Enforcement Agency,

Attorney retained by employee, or

Employee Advocate, who will direct

the disclosure to one of the “appropriate

agencies” listed above.



Anonymous Fraud Hotline. An Anonymous Fraud Hotline has been developed by the

Internal Audit Department. The hotline is operated by a third-party vendor and is available 24

hours per day, seven days per week. The purpose of the hotline is to provide a centralized and

anonymous way to report fraud, unlawful, unethical and other types of improper behavior. For

more details regarding the hotline, see Section 9 “Other Considerations.”



Contents of Disclosure. The proposed Whistleblower Protection Law does not describe any

specific information that must be included in the disclosure. In comparison, the current

Employee Protection Policy requires employees to submit a written, dated, signed disclosure

that is hand carried, mail certified or delivered by law enforcement. The current Employee

Protection Policy also requires employees to identify themselves in the disclosure and identify

the person and persons against whom the claim is made, and provide date, times and summary

of the misconduct.

E. Receipt of Disclosure. After submitting their disclosure, employees will receive an incident number.

This incident number confirms that the employee’s disclosure was received. This will allow employees

Page 3 of 9

16 of 152

Analysis to BC Consideration

2019 02 06

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

to provide evidence of their disclosure should they be retaliated against and need to file a complaint or

grievance in the future [see 211.4-4].



Comparison to Employee Protection Policy. The current Employee Protection Policy requires

the agency to provide a signed and dated receipt to the employee when they submit their

disclosure. In contrast, the proposed Whistleblower Protection Law requires the employee be

provided with an incident number.

F. Investigation. After receiving a disclosure from the Fraud Hotline or directly from the employee,

Internal Audit has the authority to review and conduct an investigation and/or an audit. Once Internal

Audit’s investigation is complete, they will report their findings to the appropriate entity for further

action, if necessary. For example, the findings could be reported to the Oneida Business Committee,

Oneida Law Office, Human Resources Department, Oneida Police Department or other law

enforcement agency, the Audit Committee, or any other entity of the Nation [see 211.4-5].

G. Protection from Retaliation. If an employee feels they have been retaliated against, they can file a

complaint using the complaint and grievance processes in the Nation’s Personnel Policies and

Procedures, also known as “the Blue Book” [see 211.5-1].



Disciplinary Actions. Chart 2 illustrates the grievance process in the Personnel Policies and

Procedures for disciplinary actions, such as suspensions or termination of employment. If a

disciplinary action is overturned, the employee can be reinstated with back pay. [See

Personnel Policies and Procedures - Section V Employee Relations, 5. Complaints,

Disciplinary Actions and Grievances].

Chart 2. Grievance Process for Disciplinary Actions in Personnel Policies and Procedures

Employee receives

disciplinary action they

believe is unfair

Employee files an

appeal with Area

Manager and HRD

Manager or

designee

Employee may

appeal to Personnel

Commission

Personnel

Commission holds a

hearing

Disciplinary Action

Overturned or

Modified

Area Manager

Issues Decision

Disciplinary Action

Overturned

Personnel

Commission Issues

Decision

Disciplinary Action

Upheld

128

129

130

131

132

133

134

135

Disciplinary Action

Upheld

Comparison to Employee Protection Policy. The current Employee Protection Policy

allows employees who have been granted protection to skip a step in the grievance process

and go straight to the Personnel Commission if they feel they have been retaliated against.

This ability to skip a step in the grievance process is removed in the proposed

Whistleblower law [see current Employee Protection Policy, 2 O.C. 211.5-2(b)].

Page 4 of 9

17 of 152

Analysis to BC Consideration

2019 02 06



136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

Non-Disciplinary Actions. Chart 3 depicts the complaint process in the Personnel Policies and

Procedures for non-disciplinary complaints, such as loss of hours or change of schedule. [See

Personnel Policies and Procedures - Section V Employee Relations, 5. Complaints,

Disciplinary Actions and Grievances].

Chart 3. Complaint Process for Non-Disciplinary Actions in Personnel Policies and

Procedures

Comparison to Employee Protection Policy. The current Employee Protection Policy

allows employees who have been granted protection to skip the Complaint Process in the

Personnel Policies and Procedures and go straight to their Division Director if they have

received a non-disciplinary action that is retaliatory. This ability to skip the complaint

process and go to the division director is removed in the proposed Whistleblower

Protection law [see current Employee Protection Policy, 2 O.C. 211.5-2(a)].

Requirements for Protection: To be protected from retaliation under this law, the employee must

have made a whistleblower disclosure and provide proof of the disclosure in the form of the incident

number provided by the Fraud Hotline or Internal Audit. In addition, the individual who retaliated

against the whistleblower must have been aware the whistleblower disclosed information. Finally,

the action taken against the whistleblower must be retaliatory as a result of the disclosure [see 211.52].

Punishment for Retaliation. Individuals who retaliate against employees of the Nation in violation

of this law will be subject to the following consequences [see 211.5-3].



Employees of the Nation. Employees who retaliate against another employee for making a

whistleblower disclosure will be subject to disciplinary action, up to and including

termination, in accordance with the Personnel Policies and Procedures.



Appointed officials. May have their appointment terminated, in accordance with the Nation’s

Boards, Committees and Commissions Law, or may receive sanctions and penalties in

accordance with the Nation’s laws.



Elected officials. May be subject to removal from office in accordance with the Nation’s

Removal Law. Elected officials may also be subject to sanctions and penalties in accordance

with the Nation’s laws.

SECTION 6. EFFECT ON EXISTING LEGISLATION

A. Employee Protection Policy. This law repeals the current Employee Protection Policy and replaces it

with a new Whistleblower Protection Law.

B. References to Other Laws. The following laws of the Nation are referenced in this law. This law does

not conflict with any of the referenced laws.

Page 5 of 9

18 of 152

Analysis to BC Consideration

2019 02 06

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222



Personnel Policies and Procedure. Reference to the Nation’s grievance procedure [see 211.5-1]

and disciplinary process [see 211.5-3(a)] in the Personnel Policies and Procedures.

Boards, Committees and Commissions Law. Reference to the termination of appointed officials in

the Boards, Committees and Commissions Law [see 211.5-3(d)].

Removal Law. Reference to the removal process for elected officials in the Removal Law [see

211.5-3(c)].

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

A. Elimination of “Protected Status” and Ability to Skip a Step in the Complaint and Grievance Process.

Under the current Employee Protection Policy, employees can receive a formal “protected status” upon

making their disclosure to one of the five appropriate agencies. Once an employee is granted protected

status, it allows the employee to skip a step in the complaint and grievance process and go directly to

the Personnel Commission or their Division Director if they are retaliated against [see current

Employee Protection Policy, 2 O.C. 211.5-2]. The proposed Whistleblower Protection Law eliminates

this formal “protected status” and the right to skip a step in the complaint and grievance process. If an

employee is retaliated against, they must file a complaint or grievance using the standard complaint and

grievance process in the Personnel Policies and Procedures. At the time this analysis was developed,

the LOC determined that the process in the Personnel Policies and Procedures is sufficient for

whistleblower protection.

B. Elimination of Protective Orders to Human Resources Department. Under the current Employee

Protection Policy, a protected employee who has been retaliated against may request a “protective

order” from the Personnel Commission. This protective order directs the Human Resources Department

to monitor the actions of that employee’s supervisor. Under the proposed Whistleblower Protection

Law, employees will no longer be able to request protective orders from the Personnel Commission. If

an employee is retaliated against, they must file a complaint or grievance using the standard complaint

and grievance process in the Personnel Policies and Procedures. At the time this analysis was

developed, the LOC determined the process in the Personnel Policies and Procedures is sufficient for

whistleblower protection.

C. Impact on Boards, Committees, Commissions and Entities. Under the proposed Whistleblower

Protection Law, the following entities listed in the Employee Protection Policy will no longer be

responsible for receiving employee protection or whistleblower disclosures: Personnel Commission,

Gaming Commission, School Board, and Police Commission. All whistleblower disclosures under

this law will now be reported to the Fraud Hotline or Internal Audit department, which will

investigate disclosures and forward findings to relevant entities for further action, if needed.

SECTION 9. OTHER CONSIDERATIONS

The following is provided for information:

A. Data on Employee Protection Requests from Personnel Commission. The following information

shows how often the current Employee Protection Policy has been used by employees in recent years.

Note that as of June 2018, the Oneida Nation employed approximately 2,880 people [Source: HRD 3rd

Quarter Report].

 Number of Disclosures. Chart 4 depicts the number of employee protection disclosures made by

employees to the Personnel Commission (OPC). In other words, the number of times employees

disclosed information to the Personnel Commission and requested employee protection.

Page 6 of 9

19 of 152

Analysis to BC Consideration

2019 02 06

223

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

262

263

Chart 4. Number of Employee Protection Disclosures Submitted to Personnel Commission

YEAR

Number of Employee Protection Disclosures

2012

2013

2014

2015

2016

2017

2018 (January-April)

TOTAL, 2012-2018

o SOURCE: Personnel Commission, communication with staff via email 9/17/2018



Number of Employees Granted Protection. Of the twelve (12) requests for Employee Protection

between 2012-2018, two (2) employees were granted employee protection. In addition, two (2)

additional employees were granted “interim protection” at the time the OPC was dissolved in April

2018. “Interim protection” was granted during the Personnel Commission’s initial investigation.

B. Data on Employee Protection Requests from Other Entities.

 Internal Audit Department estimates the department received a total of two or three requests for

Employee Protection from employees of the Nation over the last five years. [Source: Internal Audit

staff.]

 Oneida Nation School Board reports they have not received any Employee Protection requests

from School System employees in recent years. [Source: Oneida Nation School Board,

communication with staff via email 10/9/18.]

 Oneida Police Commission reports they received one (1) request for Employee Protection over

the last two years. [Source: Oneida Police Commission, communication with staff via email

10/31/18.]

 Oneida Gaming Commission reports they have no record of receiving any Employee Protection

requests in the last five years. It was reported that Gaming employees likely submitted their requests

to the Personnel Commission. [Source: Oneida Gaming Commission, communication with staff via

email 10/31/18.]

 Oneida Judiciary. As of January 31, 2019, the Oneida Judiciary reports that there are no active

Employee Protection Policy cases pending in the Judiciary Trial Court. [Source: Oneida Judiciary,

communication with staff via email 1/31/19].

C. Data on Retaliation and Protective Orders from Personnel Commission.

 Number of Retaliation Grievances Filed by Employees with Protected Status. One (1)

retaliation grievance was filed by a protected employee between 2012 and April 2018. This means

that of the employees who requested and received employee protection, only one employee later

alleged they were retaliated against. [Source: Personnel Commission, communication with staff via

email 9/17/2018].

 Number of Protective Orders issued by Personnel Commission. Two (2) protective orders were

issued by the Personnel Commission between 2012 and April 2018. An employee may request a

protective order if they have made a disclosure, have been granted protection, and later have been

found to be retaliated against. A protective order directs the Nation’s Human Resources Department

to monitor the actions of the employee’s supervisor. [Source: Personnel Commission,

communication with staff via email 9/17/2018].

Page 7 of 9

20 of 152

Analysis to BC Consideration

2019 02 06

264

265

266

267

268

269

270

271

272

273

274

275

276

D. Grandfather Clause for Current Protected Employees. Based on data received from the Judiciary and

Personnel Commission, there are a small number of employees who currently have protected status

under the Employee Protection Policy. Therefore, the LOC intends to include a grandfather clause in

the adopting resolution to ensure the following:

 Any individual who has been granted protected status under the Employee Protection Policy shall

maintain his or her protected status, but shall use the provisions found in section 211.5 of the

Whistleblower Protection law for protection from retaliation [see adopting resolution].

E. Comparison Between Employee Protection Policy and Whistleblower Policy. This law repeals and

replaces the Employee Protection Policy with a new Whistleblower Protection Law. Chart 5 illustrates

some of the differences and similarities between the two laws:

Chart 5. Comparison Between Employee Protection Policy and Whistleblower Policy.

Employee Protection

Whistleblower Protection

Policy (Current)

Law (Proposed)

Defines and prohibits

Yes.

retaliation?

Yes, employees are directed to

Directs employees where and

Yes, employees are

make disclosures using the

how to make their disclosures?

directed to make their

anonymous Fraud Hotline or to

disclosures to one of

Internal Audit

several appropriate

agencies.

Allows employees to report

No, employees must

Yes, employees can choose to

anonymously?

disclose their identity in

remain anonymous using the

their written complaint.

Fraud Hotline.

Provides employees with

Yes, employees receive a Yes, employees will receive an

documentation (proof) that they signed and dated receipt. incident number from the

made a disclosure?

hotline or Internal Audit.

No, employees do not receive a

Yes, employees may be

Employees may be granted a

formal designation of

granted formal

formal “protected status” from

“protected status” from the

the agency after submitting their “protected status” from

agency.

an agency.

disclosure?

No, if an employee feels they

Yes, employees who

Allows protected employees to

have been retaliated against,

skip a step in the complaint and have been granted

they must use the normal

protection may appeal

grievance process if they are

directly to the Personnel complaint and grievance

retaliated against?

Commission or Division process in the Personnel

Director if they feel they Policies and Procedures.

have been retaliated

against.

No, employees cannot request a

Employees who have been

Yes, employees who

“protective order.” Employees

retaliated against can request a have been granted

will need to use the normal

“protective order” from the

protection and are later

grievance process in the

Personnel Commission?

retaliated against may

Personnel Policies and

request a “protective

order” directing HRD to Procedures if they are retaliated

against.

monitor the actions of

their supervisor.

277

278

Page 8 of 9

21 of 152

Analysis to BC Consideration

2019 02 06

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

301

302

303

304

305

306

307

308

309

310

311

312

313

314

315

316

317

318

319

320

321

322

323

324

325

326

327

F. Comparison to other Tribal Nations. A review of whistleblower protection laws from other tribal

nations indicates whistleblower laws are generally brief, one to two documents that include a few basic

provisions. Some laws, such as those from the Ho Chunk Nation and Seminole Nation, are only one

paragraph long. The Whistleblower laws reviewed typically include the following core components:

 Ban on retaliation against employees for whistleblowing.

 Direct employees where to make whistleblower disclosures. (For example: Attorney General,

Human Resources Department, Office of Inspector General).

 In addition, some whistleblower laws describe remedies for employees that have been retaliated

against, such as job reinstatement, back pay for lost wages, and damages.

o Oneida’s proposed Whistleblower Law directs employees to use the grievance process in

the Personnel Policies and Procedures, which allows the Area Manager or Personnel

Commission to overturn disciplinary actions, reinstate employees who have been

terminated, and award back pay.

G. Fraud Hotline. The anonymous Fraud Hotline is administered by a third-party vendor (Lighthouse

Services) and is available 24 hours per day, seven days per week. The purpose of the hotline is to

provide a centralized, anonymous way to report issues of fraud, unlawful, unethical and other types of

improper behavior.

 Hotline Process. A report of the call is generated by the third-party vendor, who sends the report

to Internal Audit. Internal Audit reviews all hotline reports and determines whether an investigation

is needed. If necessary, Internal Audit will conduct a confidential investigation. Once Internal

Audit’s investigation is complete, they report their findings to the appropriate entity for further

action, if necessary. For example, the findings could be reported to the Oneida Business Committee,

Oneida Law Office, Human Resources Department, Oneida Police Department or other law

enforcement agency, the Audit Committee, or any other entity of the Nation.

 Hotline Implementation. The Fraud Hotline became effective on December 1, 2018. Training was

provided to employees of the Nation between November 19 – 30, 2018. In addition, Internal Audit

reports that refresher trainings will be offered in the future.

H. Whistleblower Law in Absence of Hotline. This law has been drafted so that if the Fraud Hotline is

ever eliminated in the future, the Whistleblower Protection Law and the protections it provides will still

function. For example, if the hotline is unavailable, employees will still be able to submit disclosures

directly to Internal Audit in writing.

I. Reference to Sanctions and Penalties. This law references sanctions and penalties. The LOC is

currently drafting a Sanctions and Penalties Law to increase accountability among elected and

appointed officials of the Nation. Currently, the only reprimand available for appointed and elected

officials is termination of appointment or removal from office. However, there may be instances of

misconduct that do not rise to the level of removal. In these cases, other sanctions such as verbal

warnings, written warnings, suspension or fines may be more appropriate. The proposed Sanctions and

Penalties law will create a formal complaint process and allow for corrective actions against officials

who violate laws, bylaws and SOPs of the Nation. At the time this analysis was drafted, the LOC intends

to present a Sanctions and Penalties Law to GTC for consideration in the near future.

J. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts.

 Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

emergency legislation [see Legislative Procedures Act 1 O.C. 109.6-1].

 A fiscal impact statement shall be submitted by agencies as directed by the Legislative Operating

Committee and may be prepared by any agency who may receive funding if the legislation is

enacted; who may administer a program if the legislation is enacted; who may have financial

information concerning the subject matter of the legislation; or by the Finance Office, upon request

of the Legislative Operating Committee [see Legislative Procedures Act 1 O.C. 109.6-1(a&b)].

Page 9 of 9

22 of 152

Draft 2 for OBC Consideration

2019 02 13

Title 2. Employment – Chapter 211

WHISTLEBLOWER PROTECTION

<shakotiy@=tanunhe> Lotiy%=t<hse> Aolihw@=ke

They will watch over them they the workers on this issue

211.1 Purpose and Policy

211.2 Adoption, Amendment, Repeal

211.3 Definitions

211.4 Disclosure of Information

211.5 Protection from Retaliation

211.1. Purpose and Policy

211.1-1. The purpose of this law is to give protection to employees who give information that is

intended to protect the Nation from fraud, theft or other detrimental effects.

211.1-2. It is the policy of the Oneida Nation to extend protection to employees who act within

this law to protect the Nation's interests.

211.2. Adoption, Amendment, Repeal

211.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.

211.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

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

211.2-3. Should a provision of this law or the application thereof to any person or circumstances

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

to have legal force without the invalid portions.

211.2-4. 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, provided that this law repeals the following:

(a) The Employee Protection Policy adopted by emergency pursuant to BC-04-20-95-B,

permanently adopted pursuant to BC-12-06-95-B and subsequently amended pursuant to

BC-01-20-99-B, BC-06-30-04-J, and BC-02-25-15-C.

211.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

211.3. Definitions

211.3-1. This section shall govern the definitions of words as phrases used within this law. All

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

(a) “Employee” means any individual hired by the Nation and on the Nation’s payroll and

encompasses all forms of employment, including but not limited to: full-time, part-time,

at-will, political appointees, and contracted persons.

(b) “Entity” means a department, program, service, board, committee, or commission of

the Nation.

(d) “Official” means an individual elected or appointed to serve on a board, committee, or

commission of the Nation, including the Oneida Business Committee.

211.4. Disclosure of Information

211.4-1. Whistleblowing occurs when an employee discloses information that the employee

reasonably believes provides evidence that protects the Nation from any adverse actions of its

employees that may result in a detrimental effect to the Nation. Adverse action that may result in

a detrimental effect to the Nation includes, but is not limited to:

(a) Any dishonest or fraudulent act;

2 O.C. 211 – Page 1

23 of 152

Draft 2 for OBC Consideration

2019 02 13

(b) Deceptive business practices;

(d) Extortion;

(e) Bribery;

(f) Embezzlement;

(g) Blackmail;

(h) Tampering and/or falsifying records, contracts, or reports;

(i) Forgery;

(j) Misappropriate and/or misuse of the Nation’s funds;

(k) Disclosure of confidential information;

(l) Destruction, removal, or inappropriate use of property of the Nation;

(m) Unsafe working conditions;

(n) Poor management;

(o) Unethical conduct and conduct that violates a law and/or policy of the Nation.

211.4-2. An employee shall be protected from retaliatory action that results from making a

disclosure of information as directed within this law. Retaliatory action includes all action whether

disciplinary or otherwise.

(a) Disciplinary action that may be retaliatory includes, but is not limited to:

(1) dismissal;

(2) demotion;

(3) transfer;

(4) removal of duty;

(5) refusal to restore;

(6) layoff;

(7) furlough;

(8) suspension; and/or

(9) reprimand.

(b) Action other than disciplinary action that may be retaliatory may include, but is not

limited to:

(1) loss of hours;

(2) rescheduling shifts outside of normal shift changes;

(3) change of job requirements without notice;

(4) verbal or physical harassment;

(5) reduction of pay;

(6) denial of educational benefits;

(7) reassignment; and/or

(8) failure to increase base pay.

employee performance shall be excluded from classification as retaliatory action.

211.4-3. An employee shall make a disclosure of information through the:

(a) use of the anonymous Fraud hotline; or

(b) submission of a written disclosure to the Nation’s Internal Audit Department.

211.4-4. Once a disclosure of information is made, the disclosing employee shall be provided an

incident number confirming receipt of the disclosure.

211.4-5. The Internal Audit Department shall then have the authority to review the disclosure and

conduct an investigation and/or an internal audit into the disclosure, if deemed appropriate. Upon

the conclusion of the investigation the Internal Audit Department shall, where necessary, report

2 O.C. 211 – Page 2

24 of 152

Draft 2 for OBC Consideration

2019 02 13

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

their findings to an appropriate entity for action to address the findings, including, but not limited

to, the:

(a) Oneida Business Committee;

(b) Oneida Law Office or other legal prosecuting agency;

(d) Oneida Police Department or other law enforcement agency;

(e) Audit Committee; and/or

(f) any other entity of the Nation.

211.5. Protection from Retaliation

211.5-1. If an employee alleges retaliatory action has been threatened or taken based on the

employee’s disclosure of information under this law, the employee may file a complaint for the

retaliatory action in accordance with the grievance procedures provided in the Nation’s laws and

policies governing employment.

211.5-2. The employee shall be protected from the retaliatory action if the following is found:

(a) the employee made a disclosure of information;

(1) The confirmation of disclosure that is provided when information is disclosed,

as well as any resulting findings by the Internal Audit Department, shall be used as

a reference to prove a disclosure of information.

(b) the individual alleged to have taken retaliatory action against the disclosing employee

was aware or became aware the disclosing employee had disclosed information;

disclosure of information.

211.5-3. An individual who is found to have retaliated against an employee who made a disclosure

of information pursuant to this law shall be subject to:

(a) disciplinary action, up to and including termination, pursuant to the Nation’s laws and

policies governing employees, if an employee of the Nation;

(b) sanctions and penalties pursuant to the Nation’s laws and policies governing sanctions

and penalties, if an official of the Nation;

official; and/or

(d) termination of appointment pursuant to the Nation’s laws and policies governing

boards, committees, and commissions, if an appointed official.

End.

Adopted - BC-__-__-__-__

2 O.C. 211 – Page 3

FINANCE ADMINISTRATION

Fiscal Impact Statement

25 of 152

MEMORANDUM

TO:

Larry Barton, Chief Financial Officer

Ralinda Ninham-Lamberies, Assistant Chief Financial Officer

FROM:

Rae Skenandore, Financial Management Analyst

DATE:

January 17, 2019

RE:

Fiscal Impact of the Whistleblower Protection Law

Estimated Fiscal Impact Summary

Law: Whistleblower Protection Law

Draft 2

Implementing Agency

Human Resources Department

Internal Audit

Estimated time to comply

Estimated Impact

Total Estimated Fiscal Impact

In compliance with the Legislative Procedure Act

Current Fiscal Year

Ten Year Estimate

None

$34,250

II.

Background

Legislative History

This is a new Law that will repeal and replace the Employee Protection Policy that was

adopted with resolution BC-04-20-95-B, permanently adopted with BC-12-06-95-B and

amended by BC-01-20-99-B, BC-06-30-04-J, and BC-02-25-15-C. The Law was

originally placed on the Legislative Operating Committee active files list on December

20, 2017. A public meeting was held on December 3, 2018.

Summary of Content

A summary of the Law is as follows;

The purpose of this law is to give protection to employees who give information

that is intended to protect the Nation from fraud, theft or other detrimental effects.

26 of 152

The Law applies to all employees and all elected or appointed officials of the

Nation.

It is unclear if this Law applies to the Nation’s corporate entities. The

corporations are not specifically included or excluded in the language of the Law.

The definition of whistleblowing is described as when an employee discloses

information that the employee reasonably believes provides evidence that protects the

Nation from any adverse actions of its employees that may result in a detrimental effect

to the Nation. These include, but are not limited to the following:

Any dishonest or fraudulent act;

Deceptive business practices;

Theft;

Extortion;

Bribery;

Embezzlement;

Blackmail;

Tampering and/or falsifying records contracts, or reports;

Forgery;

10.

Misappropriate and/or misuse of the Nation’s funds;

11.

Disclosure of confidential information;

12.

Destruction, removal, or inappropriate use of property of the Nation;

13.

Unsafe working conditions;

14.

Poor management;

15.

Unethical conduct and conduct that violates a Law and/or policy of the

Nation.

The Law protects employees from retaliatory actions which include but are not

limited to the following:

Dismissal;

Demotion;

Transfer;

Removal of duty;

""'

000000

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

ONEIDA

27 of 152

Refusal to restore;

Layoff;

Furlough;

Suspension; and/or

Reprimand;

10.

Loss of hours;

11.

Rescheduling shifts outside of normal shift changes;

12.

Change of job requirements without notice;

13.

Verbal or physical harassment;

14.

Reduction of pay;

15.

Denial of educational benefits;

16.

Reassignment; and/or

17.

Failure to increase base pay.

18.

Any action that can be reasonably justified as taken in good faith based on

documented employee performance shall be excluded from classification as

retaliatory action.

Whistleblowing Process

An employee discloses the information to the Fraud Hotline or submits it

to the Nations Internal Audit Department.

The employee is issued an incident number.

Internal Audit then has the authority to review and investigate.

Internal Audit Department will report their findings to an appropriate

entity. This includes, but is not limited to the following;

Oneida Business Committee;

Oneida Law Office or other legal prosecuting agency;

Human Resources Department;

Oneida Police Department or other law enforcement agency;

Audit Committee; and/or

any other entity of the Nation.

""'

000000

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

ONEIDA

28 of 152

Retaliation

Employees are protected from retaliation by following the grievance

procedures of the Nation.

Individuals found to have retaliated against an employee who made a

disclosure are subject to:

III.

Disciplinary action

Sanctions and penalties

Removal

Termination of appointment.

Methodology and Assumptions

A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year

financial effects associated with legislation and includes startup costs, personnel, office,

documentation costs, as well as an estimate of the amount of time necessary for an

agency to comply with the Law after implementation.

Finance does NOT identify the source of funding for the estimated cost or allocate any

funds to the legislation.

The analysis was completed based on the information provided as of the date of this

memo.

III.

Executive Summary of Findings

The hotline listed in the law has already been implemented and therefore some of the

costs listed are sunk costs as they are already expended. These include the following:

Hotline

October 1, 2018 – September 30, 2019

$ 3,425

Annual thereafter

$ 3,425

Training for 3 days:

$11,000

E-learning development:

$ 2,000

There may be additional training as needed. The separation of the complaint process

duplicates this function within two areas of the Nation. However, aside from the

additional duties, there are no other apparent startup, personnel, office, or documentation

costs associated with duplicating this function with the approval of this legislation.

""'

000000

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

ONEIDA

29 of 152

III.

Financial Impact

Year one startup costs are sunk cost. Expenditures were approximately $16,425 for the

first year of operations and include the contract for the hot line, training, and e-learning

design. If the contract for the hot line remains the same, the total costs over the next 10

years is approximately $47,250.

IV.

Recommendation

Finance Department does not make a recommendation in regards to course of action in

this matter. Rather, it is the purpose of this report to disclose potential financial impact of

an action, so that the Oneida Business Committee and General Tribal Council has the

information with which to render a decision.

""'

000000

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

ONEIDA

30 of 152

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

February 6, 2019

Domestic Animals Law Amendments

Submission Date: 9/19/18

LOC Sponsor: Jennifer Webster

Public Meeting: n/a

Emergency Enacted: n/a

Summary: This is a request to make necessary changes and updates to the law in regard to issues

with violations, enforcement and appeals, procedure at hearings, restitution, citations, and viscous and

dangerous dogs.

9/19/18 LOC: Motion by Jennifer Webster to add the Domestic Animals Ordinance to the active files list and

assign Jennifer Webster as the Sponsor; seconded by Daniel Guzman King. Motion carried

unanimously.

10/5/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Kelly McAndrews, Eric

Boulanger, Michelle Myers, Jeff Mears, Vanessa Miller, Steve Linskens, Laura Manthe. The

purpose of this work meeting was to begin identifying potential amendments that can be made

to the law, and discussing areas that could benefit from further discussion.

10/23/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Kelly McAndrews, Jeff

Mears, Vanessa Miller, Steve Linskens, Laura Manthe, Brenda Haen, Eric Krawczyk. The

purpose of this work meeting was to finish reviewing the law and discussing potential

amendments that could be made.

11/9/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Jeff Mears, Vanessa Miller,

Steve Linskens, Jennifer Falck, Eric Boulanger, Michelle Myers. The purpose of this work

meeting was to review research that was completed, and discuss parking lot issues. The LRO

will update the draft and schedule another work group meeting before the draft is presented to

the LOC.

12/13/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Eric Boulanger, Chad

Wilson, Laura Manthe, Steve Linskens, Shad Webster, Patrick Pelky. The purpose of this work

meeting was to review and discuss the proposed draft of the amendments before the draft is

presented to the LOC for consideration.

12/19/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens III,

Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was

to review the proposed draft created by the work group, and determine the next steps for

moving forward. Attorney will update the draft, and a legislative analysis will be completed.

1/16/18 LOC: Motion by Jennifer Webster to accept the draft and the legislative analysis of the amendments

to the Domestic Animals law and defer these items to a work meeting for further consideration;

seconded by Ernest Stevens III. Motion carried unanimously.

Page 1 of 2

31 of 152

1/16/18:

Work Meeting. Present: Jennifer Webster, Kirby Metoxen, Daniel Guzman, Ernest Stevens III,

Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to review the

policy considerations contained in the legislative analysis.

1/25/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Jennifer Falck, Shad

Webster, Eric Boulanger, Steve Linskens, Michelle Meyers, Vanessa Miller, Jeff Mears. The

purpose of this work meeting was to review and discuss the fine, penalty, and licensing fee

schedule resolution, discuss complaints received from the community, and discuss fiscal

impacts.

Next Steps:

▪ Approve the public meeting packet and direct that a public meeting for the amendments to the

Domestic Animals law be held on Monday, March 11, 2018.

Page 2 of 2

32 of 152

Draft 2 (Redline to Draft 1)

2019 02 06

Title 3. Health and Public Safety - Chapter 304

DOMESTIC ANIMALS

K@tse>na Olihw@=ke

matters concerning the pet animals

304.1.

304.2.

304.3.

304.4.

304.5.

304.6.

304.7.

Purpose and Policy

Adoption, Amendment, Conflicts

Definitions

Jurisdiction

Authority

Treatment of Animals

Dogs and Cats

304.8. Livestock

304.9. Hens

304.10. Prohibited Animals

304.11. Dangerous Animals

304.12. Owner Liability

304.13. Enforcement of Violations

304.1. Purpose and Policy

304.1-1. Purpose. The purpose of this law is to:

(a) protect the health, safety, and welfare of the community by requiring certain basic

measures to prevent the spread of disease carried by domestic animals;

(b) set minimum standards for the treatment of animals;

(d) regulate the keeping of livestock on lots zoned residential within the Reservation; and

(e) establish consequences for damages caused by domestic animals.

304.1-2. Policy. It is the policy of the Nation to protect the health, safety, and welfare of the

community by:

(a) requiring certain basic measures to prevent the spread of disease carried by domestic

animals;

(b) establishing requirements for licensing domestic animals, and

304.2. Adoption, Amendment, Repeal

304.2-1. This law was adopted by Oneida Business Committee by resolution BC-03-13-96-B

and amended by resolutions BC-06-22-11-G, BC-06-28-17-B, and BC-__-__-__-__.

304.2-2. This law may be amended or repealed by the Oneida Business Committee and/or

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

304.2-3. Should a provision of this law or the application thereof to any person or

circumstances be held as invalid, such invalidity does shall not affect other provisions of this law

which are considered to have legal force without the invalid portions.

304.2-4. 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.

304.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.

304.3. Definitions

304.3-1. This section governs shall govern the definitions of words and phrases used within this

law. All words not defined herein are toshall be used in their ordinary and everyday sense.

(a) “District Quarantine” means a rabid or otherwise diseased domestic animal is

suspected or known to be within a discernible area and all such animals reasonably

suspected of being infected are subject to enforced isolation for a period of time to limit

or prevent the spread of disease or infection and during which time said animals are

tested for diseases, including rabies.

(b) “Fine” means a monetary punishment issued to a person violating this law.

(d) “Livestock” means any equine (i.e. horse, donkey, etc.), bovine (i.e. cow, steer,

3 O.C. 304 – Page 1

33 of 152

Draft 2 (Redline to Draft 1)

2019 02 06

heifer, etc.), sheep, goat, pig.

(e) “Nation” means the Oneida Nation.

(f) “Owner” means any person who owns, harbors, keeps, controls or acts as a caretaker

for an animal. Absent evidence of alternative adult ownership, this law presumes that

domestic animals are owned by the adult homeowner or renter.

(g) “Penalty” means a punishment, other than a fine, imposed on a person violating this

law and/or the rules created pursuant to this law and may include, but is not limited to,

the confiscation of wildlife with return of the same at the discretion of the Trial Court and

restitution.

(h) “Reservation” means all the property 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.

(i) “Residential household” means a residential lot, except for those residential lots

designed as multi-family lots, in which each family unit within the lot constitutes a

separate household.

(j) “Tethering” means the act of fastening an animal to a stationary object while

unattended so that the animal can only range within a set radius. Tethering does not

include the use of a leash to walk an animal.

(jk) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the

judicial system that was established by Oneida General Tribal Council resolution GTC01-07-13-B to administer the judicial authorities and responsibilities of the Nation.

(kl) “Quarantine” means the act of keeping an animal in enforced isolation for a period of

time to limit or prevent the spread of disease or infection and during which time said

animal is tested for diseases, including rabies.

304.4. Jurisdiction

304.4-1. Personal Jurisdiction. This law applies to:

(a) All members of the Nation; the Nation’s entities and corporations; and members of

other federally-recognized tribes.

(b) Individuals and businesses leasing, occupying or otherwise using fee land owned by

the Nation or by individual members of the Nation; and/or lands held in trust on behalf of

the Nation or individual members of the Nation.

consistent with federal law. An individual shall be considered to have consented to the

jurisdiction of the Nation:

(1) By entering into a consensual relationship with the Nation, or with the

Nation’s entities, corporations, or members of the Nation, including but not

limited to contracts or other agreements; or

(2) By other facts which manifest an intent to consent to the authority of the

Nation, including failure to raise an objection to the exercise of personal

jurisdiction in a timely manner.

304.4-2. Territorial Jurisdiction. This law extends within the Reservation to all land owned by

the Nation and individual trust and/or fee land of a member of the Nation.

3 O.C. 304 – Page 2

34 of 152

Draft 2 (Redline to Draft 1)

2019 02 06

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

304.5. Authority

304.5-1. General. This law governs the keeping of all domestic animals which are commonly

owned as household pets. Domestic animals include, but are not limited to dogs, cats, ferrets,

rabbits, guinea pigs, turtles, birds, pigeons, hamsters, non-venomous reptiles, amphibians, and

arachnids.

(a) Domestic animals do not include prohibited exotic animals as identified in section

304.10-2.

304.5-2. Authority of the Oneida Police Department and Conservation Department. Oneida

Police Officers and Conservation Wardens shall have the authority to:

(a) investigate complaints involving domestic animals;

(b) enforce the provisions of this law through appropriate means, including but not

limited to:

(1) seizing any animal that is taken, employed, used, or possessed in violation of

this law and/or mistreated, rabid or otherwise in danger or dangerous;

(2) issuing citations consistent with the fine and penalty schedule developed in

accordance with this law; and

(3) using force, up to and including lethal force, to stop an immediate threat to

public safety caused by an animal.

(A) Where lethal force is used, such execution shall be conducted in as

humane manner as possible and, to the extent feasible, avoids damage to

the animal’s head for the purpose of rabies testing.

304.5-3. Fine, Penalty, and Licensing Fee Schedule. The Environmental, Health, Safety, and

Land Division and the Environmental Resource Board are hereby delegated joint authority to

develop a fine, penalty, and licensing fee schedule. The fine, penalty, and licensing fee schedule

shall be adopted by the Oneida Business Committee by resolution.

304.5-4. Disease Investigation and Quarantine. The Environmental, Health, Safety, and Land

Division, the Emergency Management Coordinator, and the Comprehensive Health Division are

hereby delegated joint authority to establish standard operating procedures related to disease

investigations and quarantines.

304.5-5. Issuance of Licenses. The Environmental, Health, Safety, and Land Division shall

make all decisions related to the issuance of a license and/or permit in accordance with this law,

unless otherwise noted.

304.6.

Treatment of Animals

304.6-1. Food and Water. An owner shall provide an animal with a daily supply of food and

water sufficient to maintain the animal in good health.

304.6-2. Shelter. An owner shall meet the minimum standards for indoor and outdoor shelter

for an animal. All shelter shall be structurally sound and maintained in good repair to protect the

animal from injury and to contain the animal.

(a) Minimum indoor standards of shelter. Minimum standards for indoor shelter include

the following:

3 O.C. 304 – Page 3

35 of 152

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

Draft 2 (Redline to Draft 1)

2019 02 06

(1) Temperature. The ambient temperature of the indoor shelter shall be

compatible with the health of the animal.

(2) Ventilation. Indoor shelter facilities shall be adequately ventilated by natural

or mechanical means to provide for the health of the animal at all times.

(b) Minimum outdoor standards of shelter. Minimum standards for outdoor shelter

include the following:

(1) Shelter from Sunlight. When sunlight is likely to cause heat exhaustion of an

animal tied or caged outside, sufficient shade by natural or artificial means shall

be provided to protect the animal from direct sunlight. Caged does not include

farm fencing used to confine livestock.

(2) Climatic Conditions. Natural or artificial shelter appropriate to the local

climatic conditions for the animal concerned shall be provided as necessary for

the health of the animal.

(3) Adverse Weather. If an animal is tied or confined unattended outdoors under

weather conditions which adversely affect the health of the animal, a weather

appropriate shelter of suitable size to accommodate the animal shall be provided.

sufficient space to allow each animal adequate freedom of movement. Inadequate space

may be indicated by evidence of debility, stress, or abnormal behavior patterns.

(1) Dog Kennels. Dog kennels shall meet the following space requirements

where, if there are multiple dogs in the same kennel, the base kennel space

requirement is based on the size of the largest dog and the additional kennel space

requirements are based on the size of each additional dog kept in the kennel:

(A) Dog Size Between One and Thirty-Five Pounds. A dog that weighs

between one (1) and thirty-five (35) pounds shall have a required base

kennel space of sixty (60) square feet. Required additional kennel space

per additional dog of this size is twelve (12) square feet.

(B) Dog Size Between Thirty-Six and Seventy-Five Pounds. A dog that

weighs between thirty-six (36) and seventy-five (75) pounds shall have a

required base kennel space of eighty (80) square feet. Required additional

kennel space per additional dog of this size is eighteen (18) square feet.

(C) Dog Size Seventy-Six Pounds or Greater. A dog that weighs seventysix (76) pounds or more shall have a required base kennel space of one

hundred (100) square feet. Required additional kennel space per additional

dog of this size is twenty-four (24) square feet.

(d) Sanitation Standards. An owner shall meet the minimum standards of sanitation for

both indoor and outdoor shelter. Minimum sanitation standards require waste matter from

the animal to be removed within twenty-four (24) hours of its deposit.

(e) Shelter Exception for Livestock. In the case of livestock kept on farms on land zoned

agricultural, nothing in this section shall be construed as imposing shelter requirements or

standards more stringent than normally accepted husbandry practices.

304.6-3. Tethering. If a kennel or enclosed yard is not available, an owner may tether an

unsupervised animal as long as the owner meets the following conditions:

3 O.C. 304 – Page 4

36 of 152

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

Draft 2 (Redline to Draft 1)

2019 02 06

(a) the tether is connected to the animal with a buckle type collar or body harness made

of nylon or leather not less than one inch (1”) in width and at least two inches (2”) greater

in diameter than the animal’s neck or torso;

(1) The use of a choke collar, prong collar head harness, or other similar type of

head harness or collar shall be prohibited for the use of tethering.

(b) the tether is at least twelve feet (12’) long and allows the animal to move in all

directions unimpeded;

weight;

(d) the animal is tethered so as to prevent injury, strangulation, or entanglement, and

allows the animal access to water and shelter;

(e) the tethered animal is not sick, injured, or nursing;

(f) the animal is not tethered on any vacant property or land or with an unoccupied

dwelling; and

(g) the animal is not tethered in a manner that allows the animal to cross onto public

space or property of others.

304.6-4. Mistreatment of Animals. No person may treat any animal in a manner which causes

harm, injury or death. This section does not apply to:

(a) normal and accepted veterinary and/or care practices; or

(b) teaching, research or experimentation conducted at a facility regulated under federal

or applicable state law.

304.6-5. Mandatory Reporting. An employee of the Nation shall report any animal

mistreatment witnessed during the regular course of his or her employment with the Nation to

the Oneida Police Department and any other appropriate entity.

304.7. Dogs and Cats

304.7-1. License Required. An owner shall be required to obtain a license for any dog or cat

five (5) months of age or older on an annual basis.

(a) License Period. The license year shall commence on January 1st and end on

December 31st of every year.

(b) License Eligibility. To be eligible for a license, the owner shall provide:

(1) the licensing fee; and

(2) proof of current rabies vaccination.

a license tag for the dog or cat. The owner shall securely attach the license tag to the

animal’s collar and shall require the animal wear the collar at all times.

(1) Exception. A dog or cat shall not be required to wear the collar if the dog or

cat is:

(A) hunting or actively involved in herding or controlling livestock if the

animal is under control of its owner;

(B) within the owner’s residence and/or securely confined in a fenced

area; and/or

3 O.C. 304 – Page 5

37 of 152

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

Draft 2 (Redline to Draft 1)

2019 02 06

304.7-2. Rabies Vaccinations Required. An owner shall be required to obtain a rabies

vaccination for any dog or cat five (5) months of age or older.

304.7-3. Limit on the Number of Dogs and Cats. An individual may keep no more than two (2)

dogs or three (3) cats; and a total of no more than four (4) dogs and cats combined; in a single

residential household.

(a) Exception. The limit on the number of dogs and cats a person may keep or possess

does not apply to a person who:

(1) is eligible for any grandfather provisions included in this law’s adopting

resolution;

(2) keeps or possesses a litter of pups or kittens, or a portion of a litter, for a

period not exceeding five (5) months from birth;

(3) resides on property zoned agricultural; and/or

(4) obtains a permit for the additional dog or cat.

(b) Permit for Additional Dogs or Cats. A person may keep more than two (2) dogs or

three cats (3) in a single residential household if the owner obtains a permit from the

Environmental, Health, Safety, and Land Division for the additional animal. The

application for the permit must be signed by the owner and contain the signature of the

landowner of the residential household if the landowner is not the applicant.

(1) By seeking a permit for an additional dog or cat the owner agrees that he or

she shall reduce the number of licensed dogs or cats on the premises if there are

two (2) or more nuisance complaints against the residential household within one

(1) calendar year caused by, or related to, the number of dogs or cats housed on

the premises.

(2) If two (2) or more nuisance complaints are received against the residential

household due to the number of dogs or cats housed on the premises, the owner

shall reduce the number of animals within thirty (30) days.

304.7-4. Running at Large. An owner shall not allow a dog or cat to run at large by being any

place except upon the premises of the owner, unless the dog or cat is crated, penned, or on a

leash under the control of a person physically able to control the animal.

(a) A stray dog or cat running at large may be referred to the Oneida Police Department

or Oneida Conservation Department.

(b) When an Oneida Police Officer or Oneida Conservation Warden finds a dog or cat

running at large, the officer and/or warden shall, if possible, pick up and impound such

animal.

identification tags or license tag, the owner shall be notified as soon as reasonably

possible.

304.7-5. Nuisance. An Oneida Police Officer or Oneida Conservation Warden may pick up and

impound a dog or cat that has been found to be a nuisance. A dog or cat shall be found to be a

nuisance if the actions of the dog or cat:

(a) resulted in two (2) or more verified disturbances due to excessive barking and/or

other noise by the animal, or the animal running at large; and/or

(b) resulted in one (1) or more verified disturbance due to threatening behavior by the

3 O.C. 304 – Page 6

38 of 152

Draft 2 (Redline to Draft 1)

2019 02 06

254

255

256

257

258

259

260

261

262

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

animal running at large.

304.7-6. Investigations for Suspected Animal Bites. The owner shall notify the Oneida Police

Department in the event the owner’s cat or dog bites a human or another domestic animal.

(a) The responding Oneida Police Officer or Oneida Conservation Warden shall:

(1) Ascertain whether the domestic animal is properly licensed and has current

vaccinations.

(2) Ensure all information provided is correct.

(3) Contact the Environmental, Health, Safety and Land Division to provide

notification of the domestic animal bite.

(4) If the cat or dog has current rabies vaccinations, order the owner to:

(A) Quarantine the animal for ten (10) days; and

(B) Present the animal for examination by a veterinarian within twentyfour (24) hours of the bite, on the last day of quarantine and on one (1) day

in between the first twenty-four (24) hours and the tenth (10th) day.

(5) If the cat or dog does not have current rabies vaccination, order the owner to:

(A) Quarantine the animal for ten (10) days or deliver the animal to an

isolation facility at the owner’s expense. If a home quarantine is ordered,

the owner shall present the domestic animal for examination by a

veterinarian within twenty-four (24) hours of the bite, on the last day of

quarantine and on one (1) day in between the first twenty-four (24) hours

and the tenth (10th) day; or

(B) Euthanize the animal and send the specimen for analysis at the

owner’s expense, if the animal has exhibited any signs of rabies.

(b) Upon expiration of a quarantine period, a veterinarian may extend the quarantine

period. Upon expiration of all quarantine periods, if the veterinarian certifies that the

animal has not exhibited any signs of rabies, the animal may be released from quarantine.

following shall occur:

(1) If the animal has current rabies vaccinations, the Oneida Police Officer or

Oneida Conservation Warden may order the animal to be euthanized and send the

specimen for analysis, to be paid for by the Nation.

(2) If the animal does not have current rabies vaccinations, the Oneida Police

Officer or Oneida Conservation Warden may order the animal to be euthanized

and send the specimen for analysis at the owner’s expense.

304.7-7. District Quarantine. A district quarantine may be initiated by staff designated by the

Environmental, Health, Safety, and Land Division, an Oneida Police Officer, an Oneida

Conservation Warden, and/or a Public Health Officer.

(a) If an area is subject to a district quarantine for rabies, all dogs and cats within the

district shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not

confined, tied, leashed or muzzled is a public nuisance and may be impounded. All

Oneida Police Officers and Oneida Conservation Wardens shall cooperate in the

enforcement of the quarantine.

(b) An animal that is immunized against rabies as evidenced by a valid certificate of

3 O.C. 304 – Page 7

39 of 152

297

298

299

300

301

302

303

304

305

306

307

308

309

310

311

312

313

314

315

316

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

Draft 2 (Redline to Draft 1)

2019 02 06

rabies vaccination or other evidence is exempt from the district quarantine provisions of

this section.

304.8. Livestock

304.8-1. An owner shall obtain a conditional use permit from the Oneida Land Commission in

order to keep livestock on land zoned residential.

304.8-2. Limitations on Livestock. Livestock kept on land zoned residential are subject to the

following limitations:

(a) One (1) large animal per one (1) acre. Examples of large animals include, but are not

limited to, horses, cows, and pigs.

(b) One (1) small animal per one-half (½) acre. Examples of small animals include, but

are not limited to, goats, and sheep.

requirements can be met.

304.8-3. Liability for Damage Caused by Livestock at Large. Any person whose livestock

escapes from its normal confined area and becomes at large is responsible for any and all damage

to persons and property caused by such livestock while it is away from its normal confined area.

304.9. Hens

304.9-1. Hen Permit. An owner shall obtain a conditional use permit from the Oneida Land

Commission Division in order to keep hens on land zoned residential.

304.9-2. Prohibition of Roosters. An owner shall not keep a rooster on land zoned residential.

304.9-23. Limit on the Number of Hens Allowed. The number of hens an owner may keep is

dependent on the size of the residential lot.

(a) An owner may to keep up to four (4) hens on a residential lot that is two (2) acres in

size or smaller.

(b) An owner may keep up to eight (8) hens on a residential lot two (2) acres in size or

larger.

304.9-34. Standards for Keeping Hens. An owner shall keep hens in the following manner:

(a) No person shall keep a hen over eight (8) weeks of age in a principal structure.

(b) Hens shall be kept within a structure such as a coop or fenced area used exclusively to

keep hens and shall provide at least four (4) square feet of space per hen.

(25’) of any principal structure which is not owned by the person permitted to keep the

hens.

(d) No accessory structure used to keep hens shall be located in a front or side yard.

(e) All hens shall be kept and handled in a sanitary manner to prevent the spread of

communicable diseases amongst birds or to humans.

304.9-45. Prohibition of Nuisance Hens. No owner may keep hens that cause any other

nuisance associated with unhealthy conditions, create a public health threat, or otherwise

interfere with the normal use of property or enjoyment of life by humans or animals.

3 O.C. 304 – Page 8

40 of 152

Draft 2 (Redline to Draft 1)

2019 02 06

339

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

358

359

360

361

362

363

364

365

366

367

368

369

370

371

372

373

374

375

376

377

378

379

380

381

304.10. Prohibited Animals

304.10-1. No person shall bring into, keep, harbor, maintain, offer for sale or barter, act as a

custodian, have custody or control of, or release to the wild on the Reservation a prohibited

animal.

304.10-2. Prohibited Animals. Prohibited animals include the following orders and families,

whether bred in the wild or in captivity, and any or all hybrids. The animals listed are intended to

act as examples and are not to be construed as an exhaustive list or limit the generality of each

group of animals, unless otherwise specified:

(a) Class Mammalia.

(1) Order Chiroptera. This includes all bat species.

(2) Order Artiodactyla. This includes hippopotamuses, giraffes, camels, and deer,

but does not include domestic cattle, swine, sheep, goats, alpaca, and llama as

exotic animals.

(3) Order Carnivora.

(A) Family Felidae. This includes lions, tigers, cougars, leopards, ocelots,

and servals, but does not include domestic cats as exotic animals.

(B) Family Canidae. This includes wolves, wolf hybrids, coyotes, coyote

hybrids, foxes, and jackals, but does not include domestic dogs as exotic

animals.

(D) Family Mustelidae. This includes weasels, skunks, martins, and

minks, but does not include ferrets as exotic animals.

(E) Family Procyonidae. This includes raccoons, and coatis.

(F) Family Hyaenidae. This includes hyenas.

(G) Family Viverridae. This includes civets, genets, and mongooses.

(4) Order Edentatia. This includes anteaters, armadillos, and sloths.

(5) Order Marsupialia. This includes opossums, kangaroos, wallabies, and sugar

gliders.

(6) Order Perissodactyla. This includes rhinoceroses, and tapirs, but does not

include horses, goats, and mules as exotic animals.

(7) Order Primates. This includes lemurs, monkeys, chimpanzees, and gorillas.

(8) Order Proboscidae. This includes elephants.

(9) Order Rodentia. This includes squirrels, beavers, porcupines, and prairie

dogs, but does not include guinea pigs, rats, mice, gerbils, and hamsters as exotic

animals.

(b) Class Reptilia.

(1) Order Squamata.

(A) Family Helodermatidae. This includes Gila monsters and Mexican

beaded lizards.

(B) Family Varaidae. This includes any monitor lizard which will

normally grow over two feet in length.

does not include all other types of iguanas which are not green or rock

3 O.C. 304 – Page 9

41 of 152

Draft 2 (Redline to Draft 1)

2019 02 06

382

383

384

385

386

387

388

389

390

391

392

393

394

395

396

397

398

399

400

401

402

403

404

405

406

407

408

409

410

411

412

413

414

415

416

417

418

419

420

421

422

423

424

iguanas.

(D) Family Boidae. This includes all species whose adult length may

exceed eight (8) feet.

(E) Family Colubridae. This includes boomslangs and African twig

snakes.

(F) Family Elapidae. This includes coral snakes, cobras, and mambas.

(G) Family Nactricidae. This includes keelback snakes, but does not

include all other snakes not keelback.

(H) Family Viperidae. This includes copperheads, cottonmouths, and

rattlesnakes.

(2) Order Crocodilia. This includes crocodiles, alligators, caimans, and gavials.

(1) Order Falconiformes. This includes eagles, hawks, and vultures.

(2) Order Rheiformes. This includes rheas.

(3) Order Struthioniformes. This includes ostriches.

(4) Order Casuariiformes. This includes cassowaries and emus.

(5) Order Strigiformes. This includes owls.

(d) Class Arachnida.

(1) Order Scorpiones,

(A) Family Buthidae. This includes scorpions.

(2) Order Araneae,

(A) Family Theridadae. This includes the Argentina red widow spider,

brown widow spider, red-black widow spider, red widow spider, southern

black widow spider, and Western widow spider.

(B) Family Laxoscelidae, This includes the brown recluse spider.

(e) Class Chilopoda.

(1) Order Scolopendromorpha,

(A) Family Scolopendridae. This includes centipedes.

(f) Any Federal or State endangered or threatened species.

304.10-3. Prohibited Animals Exception. The prohibition of certain animals shall not apply to:

(a) Individuals who are eligible for any grandfather provisions included in this law’s

adopting resolution.

(b) A zoological park and/or sanctuary, an educational or medical institution, and/or a

specially trained entertainment organization who receives a permit from the

Environmental, Health, Safety, and Land Division to own, harbor or possess the

prohibited animal.

304.10-4. Prohibited Animal Permit. The Environmental, Health, Safety, and Land Division

may issue a prohibited animal permit if:

(a) the animal and animal quarters are kept in a clean and sanitary condition and

maintained to eliminate objectionable odors; and

(b) the animal is maintained in quarters so constructed as to prevent its escape.

304.10-5. Release of Prohibited Animals. The Environmental, Health, Safety, and Land

Division, may approve a wildlife refuge and/or sanctuary to release prohibited animals within the

3 O.C. 304 – Page 10

42 of 152

425

426

427

428

429

430

431

432

433

434

435

436

437

438

439

440

441

442

443

444

445

446

447

448

449

450

451

452

453

454

455

456

457

458

459

460

461

462

463

464

465

466

467

Draft 2 (Redline to Draft 1)

2019 02 06

Reservation without applying for and receiving a prohibited animal permit.

304.10-6. Seizure of Prohibited Animals. An unpermitted prohibited animal may be seized by

the Oneida Police Department and/or the Oneida Conservation Department.

(a) A prohibited animal that is seized shall be held by the Oneida Police Department, the

Oneida Conservation Department, or its designee until it can be determined if the animal

is an endangered or threatened species.

(b) At any time after such identification, the Oneida Police Department and/or Oneida

Conservation Department may seek an order from the Trial Court as to the care, custody

and control of the animal.

violation of this section, the owner shall be responsible for reimbursing the Oneida Police

Department and/or the Oneida Conservation Department for the cost of holding the

animal and any costs incurred in identifying the animal.

304.10-7. Notice of Release or Escape. The owner of a prohibited animal that has been released

or escapes shall immediately notify the Oneida Police Department and/or the Oneida

Conservation Department and shall be liable for any cost of recapture of the animal.

304.10-8. Forfeiture of the Prohibited Animal. An owner found in violation of this section shall

forfeit or surrender the prohibited animal to the Oneida Police Department, Oneida Conservation

Department, or designee. Upon such forfeiture or surrender, the Trial Court may direct

destruction or transfer of the animal to a qualified zoological, educational, or scientific institution

or qualified private propagator for safekeeping, with costs assessed against the owner.

304.11. Dangerous Animals

304.11-1. Dangerous Animals. No person shall own, keep, possess, return to or harbor a

dangerous animal. An animal shall be presumed to be dangerous if the animal:

(a) approaches or chases a human being or domestic animal in a menacing fashion or

apparent attitude of attack;

(b) bites, inflicts injury, attacks, or otherwise endangers the safety of a human being or

domestic animal;

(d) has been declared to be a dangerous animal and/or ordered to be destroyed in any

other jurisdiction.

304.11-2. Dangerous Animal Determination. An Oneida Police Officer or Oneida Conservation

Warden may determine an animal to be dangerous whenever, upon investigation, the officer

finds that the animal meets the definition of dangerous animal provided in section 304.11-1.

(a) Upon making a determination that an animal is dangerous, the Oneida Police Officer

or Oneida Conservation Warden shall issue a written order with an accompanying

citation declaring the animal to be dangerous.

(b) The citation and order shall be personally delivered to the apparent owner or

custodian of the dangerous animal.

the dangerous animal from the Reservation within three (3) business days.

304.11-3. Contesting a Dangerous Animal Determination. If the owner wishes to contest the

3 O.C. 304 – Page 11

43 of 152

468

469

470

471

472

473

474

475

476

477

478

479

480

481

482

483

484

485

486

487

488

489

490

491

492

493

494

495

496

497

498

499

500

501

502

503

504

505

506

507

508

509

510

Draft 2 (Redline to Draft 1)

2019 02 06

dangerous animal determination, he or she shall file with the Trial Court a written objection to

the order within three (3) business days of receipt of the order.

(a) The written objection shall include specific reasons for objecting to or contesting the

order. An owner may argue an animal should not be deemed dangerous due to the animal

biting, attacking or menacing any person and/or domestic animal because the animal was

acting to:

(1) defend its owner or another person from an attack by a person or animal;

(2) protect its young or another animal;

(3) defend itself against any person or animal which has tormented, assaulted or

abused it; and/or

(4) defend its owner’s property against trespassers.

(b) Pending the outcome of the hearing, the animal shall be securely confined in a

humane manner either on the premises of the owner or caretaker, or with a licensed

veterinarian. If confined on the premises of the owner or caretaker, the following

requirements shall apply:

(1) Leash and Muzzle. No owner shall permit a dangerous animal to go outside its

kennel or pen unless the animal is securely restrained with a leash no longer than

four feet (4’) in length by a person who is at least sixteen (16) years of age who is

in physical control of the leash, competent to govern the animal and capable of

physically controlling and restraining the animal. The owner shall not leash an

animal to inanimate objects such as a tree, post, or building. When the animal is

on a leash outside the animal’s kennel, the owner shall muzzle the animal in a

humane way by a commercially available muzzling device sufficient to prevent

the animal from biting a person or other animal.

(2) Confinement. Except when leashed and muzzled the owner shall ensure the

dangerous animal is securely confined indoors or in a securely enclosed and

locked pen or kennel that is located on the premises of the owner and constructed

in a manner that does not allow the animal to exit the pen or kennel on its own

volition. The owner shall not permit an animal to be kept on a porch, patio, or in

any part of a house or structure on the premises of the owner that would allow the

animal to exit the building on its own volition. The owner shall not permit the

animal to be kept in a house or structure when the windows are open or when

screen windows or screen doors are the only obstacle preventing the animal from

exiting the structure.

(3) Signs. The owner of a dangerous animal shall display, in prominent places on

his or her premises near all entrances to the premises, signs in letters of not less

than two inches (2”) high warning that there is a dangerous animal on the

property. A similar sign shall be posted on the kennel or pen of the animal. In

addition, the owner shall conspicuously display a sign with a symbol warning

children of the presence of a dangerous animal.

(4) Notification. The owner of a dangerous animal shall notify the Oneida Police

Department and/or the Oneida Conservation Department immediately if the

animal is at large, is unconfined, has attacked another animal, or has attacked a

3 O.C. 304 – Page 12

44 of 152

Draft 2 (Redline to Draft 1)

2019 02 06

511

512

513

514

515

516

517

518

519

520

521

522

523

524

525

526

527

528

529

530

531

532

533

534

535

536

537

538

539

540

541

542

543

544

545

546

547

548

549

550

551

552

553

person.

animal pending a hearing, the animal may be impounded by the Oneida Police Officer or

Oneida Conservation Warden issuing the dangerous animal determination.

304.11-4. Dangerous Animal Determination Hearing. A hearing on the dangerous animal

determination shall be held within fourteen (14) days of submission of the written objection with

the Trial Court. At the hearing, the Trial Court shall determine whether the determination that the

animal is dangerous should be substantiated.

(a) If the Trial Court concludes that the determination that the animal is dangerous is

substantiated, then the Trial Court shall issue an order that mandates the animal be

removed from the Reservation within forty-eight (48) hours of the determination.

(1) The order shall contain the requirement that the owner notify the Oneida

Police Department within twenty-four (24) hours if the dangerous animal has

been sold or been given away. If the dangerous animal has been sold or given

away, the owner shall also provide the name, address and telephone number of the

new owner of the dangerous animal. If the dangerous animal is sold or given

away to a person residing outside the Reservation or to a person or entity that falls

outside of the jurisdiction of this law, the owner shall present evidence to the

Oneida Police Department showing that he or she has notified the police

department or other law enforcement agency of the animal's new residence,

including the name, address and telephone number of the new owner. The Oneida

Police Department shall forward all such notifications to the Environmental,

Health, Safety and Land Division within a reasonable amount of time.

(b) The Trial Court may order a dangerous animal to be destroyed. If such an order is

issued, the Trial Court shall require the owner submit proof of destruction within five (5)

business days from a licensed veterinarian. If the owner does not satisfy these

requirements, an Oneida Police Officer and/or an Oneida Conservation Warden shall

seize the animal and enforce compliance at the cost of the owner.

restitution is appropriate.

304.11-5. Appeal of the Trial Court’s Decision. An appeal of the Trial Court’s decision on the

dangerous animal determination may be appealed to the Nation’s Court of Appeals.

(a) An appeal shall be submitted to the Court of Appeals within five (5) business days

from the date of the Trial Court’s decision.

(b) Upon an appeal to the Court of Appeals, the order to remove the animal from the

Reservation or any order to destroy an animal is stayed pending the outcome of the

appeal.

604.11-6. Dangerous Animal Exception. The Trial Court may provide an exception to the

dangerous animal provisions of this law for a law enforcement or military animal upon

presentation by the animal’s owner or handler of a satisfactory arrangement for safe keeping of

the animal.

304.12.

Owner Liability

3 O.C. 304 – Page 13

45 of 152

554

555

556

557

558

559

560

561

562

563

564

565

566

567

568

569

570

571

572

573

574

575

576

577

578

579

580

581

582

583

584

585

586

587

588

589

590

591

592

593

594

595

596

597

Draft 2 (Redline to Draft 1)

2019 02 06

304.12-1. An owner shall be liable for damages caused by his or her domestic animal.

(a) First Offense. The owner is liable for the full amount of damages caused by the

domestic animal.

(b) Subsequent Offenses. The owner shall be liable for two (2) times the full amount of

damages caused by the domestic animal if the owner knew or should have known that the

domestic animal previously caused damages.

304.13. Enforcement of Violations

304.13-1. Citations. Citations for the violation of this law and/or orders issued pursuant to this

law may include fines, penalties and conditional orders in accordance with the fine, penalty, and

licensing fee schedule.

304.13-2. Citation Pre-Hearing. All citations shall include a pre-hearing date with the Trial

Court which shall be set for the next scheduled monthly prehearing date that is at least thirty (30)

days after the citation was issued, excluding dangerous animal citations which shall follow the

process contained in section 304.11.

(a) Persons wishing to contest a citation shall appear at the prehearing, at which time the

Trial Court shall accept pleas which either contest or admit committing the act for which

the citation was issued.

(b) In addition to scheduling requested hearings, the Trial Court may also make

conditional orders at the prehearing which are effective until the matter is resolved.

304.13-3. Citation Hearing. The Trial Court shall schedule a hearing as expeditiously as

possible, provided that it shall be scheduled within ninety (90) days of the date of the prehearing,

for all persons entering a plea contesting the fact that they committed the act for which a citation

was issued.

304.13-4. Appeals of the Trial Court’s Determinations. Any person wishing to contest the

determination of the Trial Court may appeal to the Nation’s Court of Appeals in accordance with

the Rules of Appellate Procedure.

304.13-5. Fines. All fines shall be paid to the Trial Court. Cash shall not be accepted for

payment of fines. Money received from fines shall be contributed to the General Fund.

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

appeal, whichever is later. If the fine is not paid by this deadline, the Trial Court may

seek to collect the money owed through the Nation’s garnishment and/or per capita

attachment process.

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

alternative payment plan is approved by the Trial Court.

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

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

End.

Adopted - BC-03-13-96-B

Amended – BC-06-22-11-G

Amended – BC-06-28-17-B

Amended – BC-__-__-__-__

3 O.C. 304 – Page 14

46 of 152

Draft 2 (Redline to Draft 1)

2019 02 06

598

3 O.C. 304 – Page 15

47 of 152

ONEIDA NATION PUBLIC MEETING NOTICE

LEGISLATIVE OPERATING COMMITTEE

WWW.ONEIDA-NSN.GOV/GOVERNMENT

Monday, March 11, 2019, 12:15pm

Norbert Hill Center-Business Committee Conference Room

N7210 Seminary Rd., Oneida, Wisconsin

DOMESTIC ANIMALS LAW

AMENDMENTS

The purpose of this law is to protect the health, safety, and welfare of the community by requiring certain basic measures to

prevent the spread of disease carried by domestic animals, set

minimum standards for the treatment of animals, prohibit certain species of animals from being brought

onto the Reservation, regulate the keeping of livestock on lots zoned residential, and establish consequences for damages caused by domestic animals.

This proposed amendments to the Domestic Animals law will:

1. Eliminate administrative rulemaking authority delegated to the Environmental, Health, Safety, and Land Division and the Environmental Resource Board, and instead requires a jointly

developed fine, penalty, and licensing fee schedule to be adopted by resolution.

2. Eliminate administrative rulemaking authority delegated to the Environmental, Health, Safety, and Land Division, the Emergency Management Coordinator, and the Comprehensive

Health Division, and instead require standard operating procedures to be created related to

disease investigations and quarantines.

3. Reduce the space requirements for dog kennels.

4. Provide guidelines and requirements for tethering an animal.

5. Reduce the limit on the number of dogs and cats allowed in a residential household, but allow

those who wish to seek an additional animal over the limit the ability to apply for a permit to

do so.

6. Require a person to obtain a conditional use permit to keep hens, and limit the number of hens

allowed on a residential lot.

7. Eliminate the vicious animal designation, and create a single dangerous animal designation,

with a requirement that any animal declared dangerous be removed from the Reservation or

destroyed, pending the opportunity to contest the dangerous declaration.

PUBLIC COMMENTS PERIOD CLOSES MONDAY, MARCH 18, 2019

During the Public Comment Period, all interested persons may submit written comments.

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.

-PUBLIC MEETING PACKETS ARE AVAILABLE ATwww.oneida-nsn.gov/Register/Public Meetings or contact Oneida Nation Legislative Reference Office located

in the Norbert Hill Center, PO Box 365, Oneida, Wisconsin 54155

Email: LOC@oneidanation.org

Phone: 920-869-4376

48 of 152

Analysis to PM Draft

2019 02 06

AMENDMENTS TO

DOMESTIC ANIMALS LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

Environmental

Health, Safety and

Land Division

Intent of the

Amendments

Purpose

Affected Entities

SPONSOR:

Jennifer Webster

DRAFTER:

Clorissa N. Santiago

ANALYST:

Brandon Wisneski

To eliminate rulemaking authority within this law and instead adopt changes to the

Domestic Animals fine, penalty and fee schedule by BC Resolution;

To place new guidelines and restrictions on the use of tethers,

To lower the space requirements for dog kennels;

To reduce the limit on number of dogs allowed on a residential lot from three (3) to

two (2);

To reduce the limit on total number of cats and dogs allowed on a residential lot

from five (5) to four (4);

To create a permit process for individuals who wish to own additional dogs or cats

in excess of the limit;

To require a conditional use permit to keep hens on residential lots, to be approved

by the Land Commission;

To limit the number of hens allowed on a residential lot to between four (4) and

eight (8) hens, depending on lot size;

To update the process for OPD, Conservation and the Judiciary to declare an animal

a “Dangerous Animal”;

To eliminate the separate “Vicious Animal” designation and replace it with a single

“Dangerous Animal” category;

To revise the “Dangerous Animal” designation so that animals declared

“dangerous” must be removed from the reservation or euthanized, pending appeal;

To revise the timelines and requirements to request and hold a hearing to contest

Dangerous Animal declarations.

To protect the health, safety, and welfare of the community be requiring certain

basic measures to prevent the spread of disease carried by domestic animals; set

minimum standards for treatment of animals; prohibit certain species of animals

from being brought onto the Reservation; regulate the keeping of livestock on lots

zoned residential with in the Reservation; and establish consequences for damages

caused by domestic animals [see 304.1-1].

All tribal members, members of other federally recognized tribes, and the Nation’s

entities and corporations within the reservation; Individuals and businesses leasing,

occupying or otherwise using fee land owned by the Nation or by individual Tribal

members and/or lands held in trust; Any other individuals who have consented to

the jurisdiction of the Nation; Oneida Police Department; Oneida Environmental

Health, Safety and Land Division; Oneida Conservation Department; Oneida

Environmental Resource Board; Oneida Comprehensive Health Division, Oneida

Land Commission; Oneida Emergency Management Coordinator, Oneida

Judiciary.

Page 1 of 12

49 of 152

Analysis to PM Draft

2019 02 06

Affected

Legislation

Public Meeting

Garnishment law; Per Capita law; Rules of Appellate Procedure; Zoning and

Shoreland Protection law; Landlord Tenant law; Hunting, Fishing and Trapping

law, Emergency Management and Homeland Security law.

A public meeting has not yet been held.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. The Domestic Animals law was first adopted by the Oneida Business Committee on March 13, 1996.

Domestic animals are animals commonly owned as household pets, including, but not limited to, dogs,

cats, guinea pigs, hamsters, rabbits, and turtles.

B. On September 13, 2018, representatives from the Environmental Health, Safety and Land Division,

Oneida Police Department, Oneida Community Health Services and Environmental Resources Board

submitted a memo to the Legislative Operating Committee in support of amending the Domestic

Animals law. The memo noted that the Domestic Animal law is needed to protect public health and

safety and proposed changes to Dangerous and Vicious Dogs section, violations, enforcement and

citations.

C. The LOC added the Domestic Animals Law to the Active Files List on September 19, 2018. Since that

time, a work group of representatives from Environmental Health Safety and Land Division, Oneida

Police Department, Oneida Community Health Services and Environmental Resources Board has met

to review the law and suggest amendments. Many of the proposed amendments reflect the feedback

and suggestions of this work group.

SECTION 3. CONSULTATION AND OUTREACH

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

and legislative analysis: Oneida Environmental Health and Safety Division, Oneida Comprehensive

Health Division – Community Health, Environmental Resource Board, Oneida Police Department, and

Oneida Law Office.

B. The following laws were reviewed in the drafting of this analysis: Garnishment law; Per Capita law;

Zoning and Shoreland Protection law; Landlord Tenant law, Hunting, Fishing and Trapping law; Rules

of Appellate Procedure. In addition, the following domestic animal laws from other municipalities or

tribal nations were reviewed:

 City of Green Bay – Chapter 8 Public Health and Welfare

 City of De Pere – Chapter 86 Dogs and Other Animals

 City of Seymour – Chapter 6 Animals

 Village of Ashwaubenon – Chapter 4 Animals

 Village of Hobart – Chapter 102 Animals

 Village of Howard – Chapter 4 Animals

 Menominee Nation – Chapter 255 Animals

 Stockbridge-Munsee – Chapter 16 Public Peace and Good Order Ordinance

SECTION 4. PROCESS

A. Thus far, amendments to this law have followed the process set forth in the Legislative Procedures Act

(LPA).

B. The law was added to the Active Files List on September 19, 2018.

C. At the time this legislative analysis was developed, the following work meetings were held/scheduled

regarding the development of this law and legislative analysis:

 October 5, 2018: Work Meeting with Environmental Health, Safety and Land Division (EHSLD),

Comprehensive Health Division – Community Health Services (CHD-CHS), Oneida Police

Department (OPD), Environmental Resource Board (ERB), and Oneida Law Office.

 October 23, 2018: Work Meeting with EHSLD, CHD-CHS, OPD, ERB and Oneida Law Office.

Page 2 of 12

50 of 152

Analysis to PM Draft

2019 02 06



November 9, 2018: Work Meeting with EHSLD, OPD and CHD-CHS.

December 13, 2018: Work Meeting with EHSLD, ERB and OPD.

December 19, 2018: LOC Work Meeting.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Removal of Rulemaking for Fines, Penalties and Licensing Fee Schedule. The current Domestic

Animals Law grants rulemaking authority in accordance with the Administrative Rulemaking Law to

the Environmental Health and Safety Division and the Environmental Resource Board to develop rules

to establish and maintain:

 A fine and penalty schedule, to set fine amounts for violations of the Domestic Animals law;

 A licensing and fee schedule, to set the cost for animal licenses and fees.;

 Other rules as necessary to enforce and implement this law.

Adoption of Fee Schedule by Business Committee Resolution. Under the proposed draft, this

rulemaking authority is eliminated. Instead, the fine, penalty, licensing and fee schedule will be

developed by Environmental Health, Safety and Land Division (EHSLD) & Environmental Resource

Board (ERB) and then adopted by the Oneida Business Committee by resolution [see 304.5-3].

Chart 1. Adopting Fines, Penalty and Licensing Fee Schedule - Comparison

Current Law

Proposed Law

How is Fee Schedule Administrative Rulemaking

Business Committee

Adopted?

Resolution

Who Develops the Fee EHSLD & ERB

EHSLD & ERB

Schedule?

Who Approves the Fee Oneida Business Committee

Oneida Business Committee

Schedule?

No, a public hearing and

Public Meeting

Yes, a public meeting and

comment period is not

Required?

comment period on the

required.

proposed fee schedule is

required under the

Administrative Rulemaking

Law. Public notice of the

hearing and consideration of

all comments received is

required.

Yes, the fee schedule is

Fee Schedule Discussed Yes, the fee schedule is

placed on the agenda of a

and Approved at a

Business Committee Meeting Business Committee Meeting

Business Committee

for consideration. BC

Meeting?

Agendas are noticed to the

public, and the public may

make comments at the BC

Meeting.



Current Status of Rule: Domestic Animals law Rule No. 1 – Licensing Fees, Fines and Penalties

became effective on 4/25/2018. Rule No. 1 would be repealed upon adoption of this law. In its

place, the Business Committee would need to adopt a resolution setting a new fee, fine and penalty

schedule for the Domestic Animals law.

B. Removal of Rulemaking Authority for Disease Investigation and Quarantine Process. In addition,

the current Domestic Animals law grants rulemaking authority to EHSLD, Emergency Management

Page 3 of 12

51 of 152

Analysis to PM Draft

2019 02 06

Coordinator and the Comprehensive Health Division to develop rules related to disease investigation

and quarantines. For example, the investigation of a dog that is suspected of rabies [see 304.5-4].

 Adoption of Disease Investigation and Quarantine SOPs. Instead, these same entities will now

establish standard operating procedures (SOPs) regarding disease investigation and quarantines.

Chart 2. Adopting Disease Investigation & Quarantine Procedure – Comparison

Current Law

Proposed Law

Administrative Rulemaking Standard Operating

How are disease

Procedures.

investigation and

quarantine procedures

adopted?

Who Develops the Disease

EHSLD, Emergency

Investigation and

Management Coordinator

Quarantine Process?

and Comprehensive Health

Division.

Oneida Business Committee EHSLD, Emergency

Who Approves the Disease

Management Coordinator

Investigation and

and Comprehensive Health

Quarantine Process/

Division.

No, a public hearing and

Public Meeting Required?

Yes, a public meeting and

comment period is not

comment period on the

required.

proposed fee schedule is

required under the

Administrative Rulemaking

Law. Public notice of the

hearing and consideration of

all comments received is

required.

 Current Status of Rule: At the time this analysis was drafted, a rule for investigation and quarantine

procedures had not yet been adopted. However, both the current and proposed law include

procedures within the law regarding quarantines for dog bites and district-wide quarantines. Upon

adoption of these amendments, standard operating procedures will need to be developed.

C. Restrictions & Guidelines on Use of Tethers. These amendments add new restrictions on the use of

tethers. Under the current law, there are no restrictions on tethering.

 Under the proposed amendments, several new restrictions and guidelines for tethering are added

[see 304.6-3]:

o Tethers must be connected by a buckle type collar or body harness made of leather or nylon.

o Choke collars and prong collar head harnesses are prohibited.

o The tether must be at least twelve (12) feet long and allow the animal to move in all

directions.

o The total weight of the tether must not exceed ten percent (10%) of the animal’s body

weight.

 This is to ensure that the animal can move freely without being weighed down by

a heavy tether or chain.

o The animal must be tethered to prevent injury, strangulation, or entanglement and allow

the animal to access water and shelter.

o Animals that are sick, injured, or nursing cannot be tethered.

o Animals cannot be tethered on vacant property or land with an unoccupied dwelling.

o Animals cannot be tethered in a manner that allows them to cross onto public space, such

as a sidewalk, or property of others.

Page 4 of 12

52 of 152

Analysis to PM Draft

2019 02 06

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137



What is Tethering? According to the Humane Society of the United States, “tethering” or

“chaining” refers to “the practice of fastening a dog to a stationary object and leaving them

unattended.” “Tethering is not meant to refer to an animal being walked on a leash or cases of

supervised, temporary tethering while an owner is present.” [see Humane Society website,

Chaining and Tethering Dogs FAQ https://www.humanesociety.org/resources/chaining-andtethering-dogs-faq].

 Why Can Tethering Be Harmful to Dogs? According to the Humane Society, tethered dogs may

suffer from “irregular feedings, overturned water bowls, inadequate veterinary care, poor sanitary

conditions and exposure to extreme temperatures and weather.” The Humane Society also argues

that tethering dogs may be a risk factor for dog bites and attacks. The Humane Society states that

“dogs tethered for long periods can become highly aggressive… Dogs feel naturally protective of

their territory and respond according to a “fight or flight” instinct… A tethered dog, unable to “take

flight,”

resorts

attacking

unfamiliar

animal

person.”

[see

https://www.humanesociety.org/resources/chaining-and-tethering-dogs-faq].

 Tether Restrictions in Other States. According to the American Veterinary Medical Association,

as of April 2018, there were 32 states that placed restrictions on tethering animals. In addition,

EHSLD identified over 100 municipalities nationwide that either prohibit or limit the use of

tethering.

 Tether Restrictions in Wisconsin. Research gathered by EHSLD identified two other Wisconsin

municipalities that limit the use of tethering: Racine, WI and Linn, WI. Neighboring municipalities

such as the city of Green Bay and city of De Pere do not place limits on tethers.

D. Dog Kennel Space Requirements. The space requirements for dog kennels under this law have been

reduced. The purpose of adjusting the space requirements is to better match the square-footage of

commonly available kennels on the market. The following chart illustrates the changes in kennel space

requirements [see 304.6-2(c)(1)]:

Chart 3. Comparison of Kennel Space Requirements.

Weight of the Dog

Current Law

Between 1 and 35 lbs

80 square feet

Between 35 and 75 lbs

100 square feet

75 lbs and greater

120 square feet

Proposed Law

60 square feet

80 square feet

100 square feet

E. New Limits on Number of Dogs and Cats. These amendments establish new limits on the number of

dogs and cats that may be kept in a residential household. A residential household is “a residential lot,

except for those residential lots designed as multi-family lots, in which each family unit within the lot

constitutes a separate household” [see 304.3-1(i)].

Chart 4. Limits on Maximum Number of Dogs and Cats Per Household.

Animals Per Household Current Law

Proposed Law

Number of Dogs

Number of Cats

Number of Dogs & Cats 5

Combined



Limit on Number of Dogs. Under current law, up to three (3) dogs may be kept by a single

residential household. Under these proposed amendments, the limit on the number of dogs will be

lowered to two (2) [see 304.7-3].

Limit on Number of Cats. The limit on the number of cats in a residential household remains

unchanged at three (3) cats [see 304.7-3].

Page 5 of 12

53 of 152

Analysis to PM Draft

2019 02 06

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187



Limit on Total Number of Dogs & Cats Combined. The limit on the total number of dogs and cats

combined in a residential household has been lowered from five (5) dogs and cats combined to four

(4) dogs and cats combined.

 Exceptions & Grandfather Clause [see 304.7-3(a)].

o Grandfather Clause. The LOC intends to include a grandfather clause in the adopting

resolution, stating that residential households who currently have more than two dogs or

four dogs and cats combined will be allowed to keep their animals.

o Other Exceptions. The restrictions on the number of dogs and cats do not apply to persons

who reside on a farm, or households keeping a litter of pups or kittens for up to five (5)

months from birth.

F. New Permit Process to Keep Additional Dogs or Cats. These amendments create a new permit process

for individuals who wish to keep more than two (2) dogs, three (3) cats, or four (4) dogs and cats

combined. For each additional dog or cat above the limit, the owner will apply for a permit from the

Environmental, Health, Safety and Land Division [see 304.7-3(b)].

 Applying for Permit for Additional Dogs or Cats. The owner of the animal and the landowner must

both sign the application. In addition, the owner must agree that if the household receives two (2)

or more nuisance complaints related to their animals within (one) 1 calendar year, the owner must

reduce the number of animals within thirty (30) days.

 Guidelines. The amendments do not include any guidelines regarding how EHSLD should

determine whether to grant a permit for an additional animal. EHSLD will have discretion to

approve or reject any applications above the limit.

G. Keeping Hens. These amendments add new restrictions and guidelines for keeping hens on a residential

lot, commonly known as “backyard hens.” Note that this does not apply to property zoned agricultural,

such as commercial farms [see 304.9].

 Conditional Use Permits for Keeping Hens. These amendments alter the requirements for a

conditional use permit to keep hens on a residential lot. Currently, a permit is only required for

individuals keeping more than four (4) hens on their property. Now, anyone keeping a hen on their

property, even one hen, will be required to apply for a conditional use permit.

 Permits Issued by Land Commission Instead of Conservation. The conditional use permits for

keeping hens will now be issued by the Oneida Land Commission rather than the Conservation

Department. The Land Commission is already responsible for issuing conditional use permits for

livestock such are horses, cows, and pigs [see 304.8]. This change is meant to consolidate permits

for hens and livestock in one place.

 New Limit on Number of Hens. Under the current law, there is no restrictions on the number of

hens an owner may keep on their residential lot. These amendments place a new limit the number

of hens on a residential lot based on the size of the property:

o No more than four (4) hens on a property that is two acres in size or smaller.

o No more than eight (8) hens on a property that is two acres in size or larger.

H. Seizure of Exotic Animals. Under the current law, an unpermitted exotic animal, such as a wolf hybrid

or large snake, may be seized by the Oneida Conservation Department or its designee. This has been

changed to state that the unpermitted exotic animal may be seized by the Oneida Police Department

and/or the Oneida Conservation Department [see 304.10-6].

I. Declaring an Animal Dangerous & Removing Dangerous Animals from Reservation. Under the

current law, when a domestic animal, such as a dog, exhibits dangerous behavior, an Oneida Police

Officer or Conservation Warden may declare the animal “dangerous” or “vicious” based on the level

of behavior. Examples of this behavior include chasing, biting, and attacking another animal or person.

o Dangerous Dog. If an animal is declared “Dangerous,” the owner may keep the dog if they

follow certain restrictions for leashing, muzzling, confinement, public signage,

microchipping, and liability insurance. If they are unwilling or unable to follow these

restrictions, the owner must remove the dog from the reservation or have it euthanized.

Page 6 of 12

54 of 152

Analysis to PM Draft

2019 02 06

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

Vicious Dog. If the animal is declared “Vicious,” the Trial Court will order the animal to

be removed from the reservation or destroyed.

o Determining Dangerous vs. Vicious. Under the current law, the difference between

whether a dog must be removed from the reservation or not can depend on minor details

that must be parsed out by the Trial Court. For example, if a dog bites and lacerates

someone, but the injury does not require stiches, then the dog is declared “dangerous”

instead of “vicious” and could potentially be kept on the reservation.

o Comparison to Neighboring Municipalities. A review indicates that unlike Oneida, most

neighboring municipalities do not have separate “dangerous” and “vicious” animal

designations. Instead, these municipalities have a single “dangerous animal” designation.

In addition, unlike Oneida, these neighboring municipalities do not allow dogs declared

“dangerous” to be kept within their boundaries.

Elimination of Vicious Animal Designation. This law eliminates the “Vicious Animal”

designation and creates a single “Dangerous Animal” designation, with a requirement that any

animal declared “dangerous” be removed from the reservation or destroyed, pending appeal [see

304.11].

o Effect. The effect is that owners will not be able to keep dogs declared dangerous on the

reservation. Eliminating the “Vicious Animal” designation and requiring all animals

declared “Dangerous” to be removed from the reservation or destroyed is intended to

increase public safety. This also places Oneida’s laws in line with neighboring

municipalities and simplifies the process for OPD, Conservation and the Trial Court.



Chart 5. Current Law – Dangerous & Vicious Animal Declaration Process

Dangerous Animal Declaration

Vicious Animal Declaration

Reasons an

- Approaches or chases a - An animal previously declared

dangerous not in compliance with

Animal

human being or domestic

requirements of the law.

Declared

animal in a menacing fashion

Dangerous or

or apparent attitude of attack, - Has killed a domestic animal or pet

without provocation on public or

Vicious

without provocation, or;

private property

- Bites, inflicts injury, attacks,

or otherwise endangers the - Without provocation, has inflicted

substantial bodily harm on a person

safety of a human being or

where substantial bodily harm

domestic animal without

means a bodily injury that causes a

provocation

laceration that requires stitches, any

fracture of a bone, a concussion, a

loss or fracture of a tooth or any

temporary loss of consciousness,

sight or hearing.

- Is suspected, to be owned, trained

or harbored for the purpose of dog

fighting.

- Has been declared to be a vicious

animal and/or ordered to be

destroyed in any other jurisdiction.

Can the Owner YES, Owner can keep animal on NO, the Judiciary Trial Court will order

the reservation if they comply with the animal to be removed from the

Keep the

requirements for leash, muzzle, reservation or destroyed.

Animal on the

confinement, posting signs on

Reservation?

property, spay and neuter, liability

Page 7 of 12

55 of 152

Analysis to PM Draft

2019 02 06

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

insurance, or microchipping. If the

owner is unwilling or unable to

comply, the animal must be

removed from the reservation or

euthanized.

*Exception: An animal may not be deemed dangerous if it bites, attacks, or menaces any

person or animal to defend its owner or another person from attack, protect its young or

another animal, or defend itself against any person or animal which has tormented, assaulted

or abused it.

Chart 6. Proposed Law: Dangerous Animal Declaration Process

Dangerous Animal Designation

Reasons Animal

- Approaches or chases a human being or domestic animal in a

Declared

menacing fashion or apparent attitude of attack

Dangerous

- Bites, inflicts injury, attacks, or otherwise endangers the safety of a

human being or domestic animal

- Is suspected to be owned, trained or harbored for the purpose of dog

fighting, and/or

- Has been declared to be a dangerous animal and/or ordered to be

destroyed in any other jurisdiction.

Can Owner Keep NO, the dangerous animal will be ordered removed from the reservation

the Animal?

within 3 business days.

Opportunity to

YES, the owner may contest the dangerous animal declaration by filing

Contest and

a written objection with the Trial Court within 3 business days. The

Appeal?

owner may appeal the Trial Court’s decision to the Appeals Court.

*Exception: An animal may not be deemed dangerous if it bites, attacks, or menaces any

person or animal to defend its owner or another person from attack, protect its young or

another animal, or defend itself against any person or animal which has tormented, assaulted

or abused it.

J. Contesting Dangerous Animal Determination. Under the current law, owners whose dogs are declared

dangerous automatically receive a pre-hearing date with the Judiciary Trial Court with their citation.

The pre-hearing date is held at least thirty (30) days after the citation is issued [see 304.11-3].

 Owner Must Request Hearing. Under the new law, individuals who wish to contest a dangerous

animal determination must file a written objection to the order within three (3) business days in

order to receive a hearing. If the owner does not file within three (3) days, they will not receive a

hearing and must remove the animal.

 Date of Hearing. In addition, the hearing for the dangerous animal determination will now be held

by Trial Court within 14 days of the written objection, rather than 30 days after the citation. This

is to ensure that hearings for dangerous animal are held quickly in the interest of public safety. In

addition, ERB explained that the original 30 day deadline was likely based on ERB’s hearing

schedule prior to hearing authority being transferred to the Oneida Judiciary.

 Keeping Dangerous Animal Pending Hearing & Appeals. Owners of a dangerous animal may

keep the animal on the Reservation pending the outcome of hearings and appeals, but only if the

animal is confined in accordance with the requirements in this law. These requirements include

leash, muzzle, secure confinement, signs warning of dangerous animal on the property, and

notifying OPD or Conservation if the animal is at large, unconfined, or attacks another animal or

person. If the owner is unable or unwilling to follow these requirements, the animal must be

removed from the reservation.

Page 8 of 12

56 of 152

Analysis to PM Draft

2019 02 06

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

262

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

K. Minor Drafting Changes. Minor drafting and formatting changes have been made throughout the law

for clarity.

SECTION 6. EFFECT ON EXISTING LEGISLATION

A. References to Other Laws. The following laws of the Nation are referenced in the Domestic Animals

law. These amendments do not conflict with any of the referenced laws.

 Garnishment law

 Per Capita law

 Rules of Appellate Procedure

B. Other Laws that Reference Domestic Animals. The following laws of the Nation reference the

Domestic Animals law. These amendments do not conflict with any of the referenced laws.

 Zoning and Shoreland Protection law

 Landlord Tenant law

 Hunting, Fishing and Trapping law

 Emergency Management and Homeland Security law

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

A. Right to Keep Dangerous Animals Within the Reservation. This law eliminates the separate

“dangerous” and “vicious” animal classifications, and instead combines them into a single “dangerous

animal” classification. Previously, if an animal was declared “dangerous” by OPD or Conservation, the

owner could keep the dangerous animal on the reservation if they complied with certain requirements.

Under these amendments, if an animal is declared dangerous and the declaration is uncontested by the

owner or upheld by the Judiciary, the owner will be required to remove the animal from the reservation

or have it euthanized.

B. Deadline to Contest Dangerous Animal Declaration. Under current law, an owner whose animal is

declared dangerous automatically receives a pre-hearing date with their citation. This hearing is held at

least 30 days from the date of citation. These amendments eliminate the automatic pre-hearing. Instead,

it is the owners responsibility to request a hearing within 3 business days of the citation in order to

receive a hearing.

C. Right to Keep More than 4-8 Hens on a Residential Lot. Currently, there is no restriction on the

number of hens an owner may keep on their residential lot. This law will limit the number of hens to 4

or 8 hens per residential lot, depending on the lot size.

SECTION 8. ENFORCEMENT AND ACCOUNTABILITY

Enforcement. Oneida Police Officers and Conservation Wardens have the authority to investigate

complaints involving domestic animals; enforce provisions of this law through appropriate means,

including but not limited to seizing any animal that is taken, employed, used, or possessed in violation

of this law and/or mistreated, rabid or otherwise in danger or dangerous; issuing citations consistent

with the fine and penalty schedule developed in accordance with this law; and using force to stop an

immediate threat to public safety caused by an animal [see 304.5-2].

SECTION 9. OTHER CONSIDERATIONS

A. Oneida Nation Domestic Animal Data. The following data is provided for information.

 Oneida Police Department Data. Between 12/6/2016 to 12/6/2018:

o Number of Animal Calls – 810

o Number of Animal Citations - 33

o Number of Animal Bites – 12

Source: Oneida Police Department, communication by email 12/6/2018

Page 9 of 12

57 of 152

Analysis to PM Draft

2019 02 06

290

291

292

293

294

295

296

297

298

299

300

301

302

303

304

305

306

307

308

309

310

311

312

313



Pet License Data. Between 1/3/2016 to 12/13/2018:

o Number of Pet Licenses Issued – 348

o Source: Oneida Environmental, Health Safety and Land Division, communication by email

12/13/2018.

B. Limits on Number of Animals - Comparison to Other Municipalities. The following comparisons to

other municipalities are provided for information.

Chart 7. Comparison - Limit on Number of Dogs and Cats.

Municipality/Tribal Nation Maximum Number Maximum Number

of Dogs

of Cats

Oneida Nation (proposed)

City of Green Bay

City of De Pere

Village of Ashwaubenon

Village of Howard

n/a

Village of Hobart

n/a

Menominee Nation

n/a

Chart 8. Comparison - Limit on Number of Hens.

Municipality/Nation

Max # of Hens w/Permit

Oneida Nation (proposed)

Between 4-8, depending on

size of the lot

City of De Pere

City of Green Bay

Village of Ashwaubenon

Village of Howard

Between 4-8, depending on

size of the lot

Village of Hobart

C. Fines, Penalties and Licensing Fee Schedule. Upon the adoption of this law, it will be necessary for

the Oneida Business Committee to adopt a resolution setting the fines, penalties and licensing fees

under this law. At the time this analysis was drafted, a workgroup consisting of EHSLD, ERB, CHSCHD, and Oneida Police Department intends to submit a proposed fee schedule to the LOC and BC for

consideration.

 Recommendation: The LOC should include an updated fine, penalty and licensing fee schedule

resolution with the adoption materials for these amendments. A summary of the current fee

schedule is included below for information [see 3. O.C. 304 Domestic Animals Rule #1 – Licensing

Fees, Fines and Penalties]. Whether to change any of these amounts is a policy decision for the

LOC and the Business Committee.

Chart 9. Summary of Current Fee Schedule for Licenses and Permits.

License/Permit

Type

Fee (per animal)

License/Permit Period

Cat License

$5 if spayed/neutered; or $10

January 1-December 31

Dog License

$5 if spayed/neutered; or $10

January 1-December 31

Exotic Animal Permit

- Reference 304.8-2

$10 (all exotics)

January 1-December 31

Hen Permit

$10 (5 or more)

January 1-December 31

Source: 3. O.C. 304 Domestic Animals Rule #1 – Licensing Fees, Fines and Penalties

Page 10 of 12

58 of 152

Analysis to PM Draft

2019 02 06

314

Chart 10. Summary of Current Fine and Penalty Schedule.

1st

Violation

Offense

DOG/CAT REQUIREMENTS

No required license

$25

Improperly/no attached license

$25

No current rabies vaccine

$150

Failure to obey district quarantine

$500

Animal running at large

$150

Nuisance animal

$150

Exceeding limit of allowed animals (per animal)

$25 ea.

TREATMENT OF ANIMALS

Failure to provide food/water

$500

Failure to comply with shelter standards

$150

Failure to meet enclosure space standards

$150

Failure to comply with sanitation standards

$150

Mistreatment of animals

$500

PROHIBITED ANIMALS

Keep/Release prohibited or exotic animal

$500

Possessing prohibited or exotic animal without

required permit

$150

Failure to provide notice of release/escape

$500

LIVESTOCK

Keeping livestock with no conditional use permit

$100

Violate livestock lot requirements

$150

Livestock at large

$150

Keeping hens without required permit

$100

Prohibited keeping of rooster(s)

$100

Keeping hen(s) in prohibited manner

$100

Nuisance hen(s)

$100

DANGEROUS ANIMALS

2nd

Offense

3rd Offense

and up

$50

$500

$750

$500

$50 ea.

$100

$750

$1,000

$750

$100 ea.

$750

$500

$750

$1,000

$750

$1,000

$750

$1,000

$500

$750

$1,000

$200

$500

$200

$300

$750

$300

Harboring a Dangerous Animal

$500

$1,000

$2,000

Failure to post required dangerous animal sign(s)

Failure to spay/neuter required animal

$100

$150

$200

$500

$300

$750

Failure to provide/ provide proof of required

liability insurance

$150

$500

$750

Failure to notify of insurance policy cancelation

Failure to microchip required animal

$150

$500

$750

Failure to comply with ongoing notification

requirements

$150

$500

$750

Bringing/Keeping a vicious animal

$750

$1,500

$2,500

Page 11 of 12

59 of 152

Analysis to PM Draft

2019 02 06

Failure to provide required proof of destruction

$150

Failure to notify police of animal bite

$150

Failure to quarantine

$500

LIABILITY FOR DAMAGE(S)

315

316

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

345

346

347

348

349

$500

$750

$1,000

Damage caused by animal

$100

$200

$300

Source: 3. O.C. 304 Domestic Animals Rule #1 – Licensing Fees, Fines and Penalties

D. Permits for Additional Dogs and Cats. EHSLD will need to create an application process for

individuals who wish to keep additional dogs or cats in excess of the limit established in this law. This

law does not include guidelines for how EHSLD should approve or reject applications.

 City of Green Bay Example. The City of Green Bay has a similar permit process for additional dogs

and cats, and their application includes the following information: Veterinary records from the past

year and proof of current vaccinations, proof of current animal licenses, and a statement explaining

why the individual is seeking to keep extra animals. According to a local news report from 2018,

the city of Green Bay rarely turns down requests for a third dog.

 Recommendation. EHSLD should consider creating a standard operating procedure and application

form for this process. Since EHSLD will have its own discretion, a standard operating procedure

will ensure applications are handled uniformly.

E. Communication to Oneida Police Department and Conservation. Upon adoption of this law, the

separate “dangerous” and “vicious” animal categories will be replaced by a single “dangerous” animal

declaration.

 Recommendation: This change in guidelines should be communicated to Oneida Police Officers

and Conservation Wardens who are responsible for issuing dangerous animal declarations.

F. Provisions from Other Domestic Animal Laws. A review of other Domestic Animals laws identified

the following provisions that are not currently included in in the Oneida Domestic Animals Law. These

issues did not come up as areas of concern during the development of these amendments. The following

is provided as information on animal issues that neighboring municipalities may be addressing.

 Beekeeping Regulations (Green Bay Sec 8.09.7 and De Pere Sec 86-7)

 Loud or Persistent Barking or Howling Dogs (Green Bay Sec 8.08 and Howard Sec 4-29)

 Animal Waste on Property other than Owner (De Pere 86-5(c)(1)(a) and Howard Sec 4-3)

G. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts.

 Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

emergency legislation [see Legislative Procedures Act 1 O.C. 109.6-1].

 A fiscal impact statement shall be submitted by agencies as directed by the Legislative Operating

Committee and may be prepared by any agency who may receive funding if the legislation is

enacted; who may administer a program if the legislation is enacted; who may have financial

information concerning the subject matter of the legislation; or by the Finance Office, upon request

of the Legislative Operating Committee [see Legislative Procedures Act 1 O.C. 109.6-1(a) and

(b)].

Page 12 of 12

60 of 152

Draft 2 - PM Draft

2019 03 11

Title 3. Health and Public Safety - Chapter 304

DOMESTIC ANIMALS

K@tse>na Olihw@=ke

matters concerning the pet animals

304.1. Purpose and Policy

304.2. Adoption, Amendment, Conflicts

304.3. Definitions

304.4. Jurisdiction

304.5. Licensing, Authority, Investigation, Responsibilities and

Enforcement Powers

304.6. Requirements for Dogs and Cats

Treatment of Animals

304.7. Treatment of AnimalsDogs and Cats

304.8. Prohibited AnimalsLivestock

304.9. Regulation of LivestockHens

304.10. Dangerous Animals and ViciousProhibited Animals

304.11. Violations, Enforcement and AppealsDangerous Animals

304.12. Owner Liability

304.13. Enforcement of Violations

304.1.

Purpose and Policy

304.1-1. Purpose. The purpose of this law is to:

(a) protect the health, safety, and welfare of the community by requiring certain basic

measures to prevent the spread of disease carried by domestic animals;

(b) set minimum standards for the treatment of animals;

(d) regulate the keeping of livestock on lots zoned residential within the Reservation; and

(e) establish consequences for damages caused by domestic animals.

304.1-2. Policy. It is the policy of the Nation to protect the health, safety, and welfare of the

community by:

(a) requiring certain basic measures to prevent the spread of disease carried by domestic

animals;

(b) establishing requirements for licensing domestic animals, and

304.2.

Adoption, Amendment, Repeal

304.2-1. This law was adopted by Oneida Business Committee by resolution BC-03-13-96-B and

amended by resolutions BC-06-22-11-G and, BC-06-28-17-B., and BC-__-__-__-__.

304.2-2. This law may be amended or repealed by the Oneida Business Committee and/or

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

304.2-3. Should a provision of this law or the application thereof to any person or circumstances

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

considered to have legal force without the invalid portions.

304.2-4. 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.

304.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.

304.3.

Definitions

304.3-1. This section governsshall govern the definitions of words and phrases used within this

law. All words not defined herein are toshall be used in their ordinary and everyday sense.

(a) “District Quarantine” means a rabid or otherwise diseased Domestic Animaldomestic

animal is suspected or known to be within a discernible area and all such animals

reasonably suspected of being infected are subject to enforced isolation for a period of time

to limit or prevent the spread of disease or infection and during which time said animals

are tested for diseases, including rabies.

3 O.C. 304 – Page 1

61 of 152

Draft 2 - PM Draft

2019 03 11

(b) “Domestic animals” means dogs, cats, ferrets, rabbits, guinea pigs, turtles, birds,

pigeons, hamsters, non-venomous reptiles, amphibians, and arachnids, and all other

animals commonly owned as household pets, provided that domestic animals specifically

excludes exotic animals as identified in section 304.8-2.

(c(b) “Fine” means a monetary punishment issued to a person violating this law and/or

the rules created pursuant to this law..

(d) “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 Nation.

(d) “Livestock” means any equine (i.e. horse, donkey, etc.), bovine (i.e. cow, steer, heifer,

etc.), sheep, goat, pig, or domestic fowl, including game fowl raised in captivity.

(e) “Nation” means the Oneida Nation.

(f) “Owner” means any person who owns, harbors, keeps, controls or acts as a caretaker

for an animal. Absent evidence of alternative adult ownership, this law presumes that

domestic animals are owned by the adult homeowner or renter

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.