# Oneida Business Committee (2019)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ab8402a0d70c86cb7

## Record

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

## Text

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

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room-2nd Floor Norbert Hill Center
February 6, 2019
9:00 a.m.
I.

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)

V.

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.

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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
I.

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.

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

Legislative Operating Committee Meeting Minutes of January 16, 2019
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ONEIDA

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IV.

New Submissions

V.

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

Legislative Operating Committee
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.

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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.

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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.

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Oneida Nation

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida·nsn.gov

TO:
FROM:
DATE:
RE:

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Oneida Business Committee
Legislative Operating Committee

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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:
1.
2.
3.
4.
5.

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};
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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.

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

~
ONEIDA

Oneida Nation

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Post Office Box 365

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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

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BC Resolution _____________
Whistleblower Protection Law
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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.

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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)].

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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.

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

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ONEIDA

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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

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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

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Analysis to BC Consideration
2019 02 06
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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.

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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:
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

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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

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o

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)].

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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.
o

H.

I.

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.

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
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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.

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Chart 4. Number of Employee Protection Disclosures Submitted to Personnel Commission
YEAR
Number of Employee Protection Disclosures
2012
2
2013
1
2014
3
2015
0
2016
1
2017
4
2018 (January-April)
1
TOTAL, 2012-2018
12
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].

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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.
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.

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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)].

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Title 2. Employment – Chapter 211
WHISTLEBLOWER PROTECTION
Lotiy%=t 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

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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.
(c) “Nation” means the Oneida 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

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(b) Deceptive business practices;
(c) Theft;
(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.
(c) 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.
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

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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;
(c) Human Resources Department;
(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;
(c) the action taken against the disclosing employee was retaliatory as a result of the
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;
(c) removal pursuant to the Nation’s laws and policies governing removal, if an elected
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

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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

I.

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;
A.
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.

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B.
The Law applies to all employees and all elected or appointed officials of the
Nation.
C.
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.
D.
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:
1.

Any dishonest or fraudulent act;

2.

Deceptive business practices;

3.

Theft;

4.

Extortion;

5.

Bribery;

6.

Embezzlement;

7.

Blackmail;

8.

Tampering and/or falsifying records contracts, or reports;

9.

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.
E.
The Law protects employees from retaliatory actions which include but are not
limited to the following:
1.

Dismissal;

2.

Demotion;

3.

Transfer;

4.

Removal of duty;

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5.

Refusal to restore;

6.

Layoff;

7.

Furlough;

8.

Suspension; and/or

9.

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.
F.

Whistleblowing Process
1.
An employee discloses the information to the Fraud Hotline or submits it
to the Nations Internal Audit Department.
2.

The employee is issued an incident number.

3.

Internal Audit then has the authority to review and investigate.

4.
Internal Audit Department will report their findings to an appropriate
entity. This includes, but is not limited to the following;
a)

Oneida Business Committee;

b)

Oneida Law Office or other legal prosecuting agency;

c)

Human Resources Department;

d)

Oneida Police Department or other law enforcement agency;

e)

Audit Committee; and/or

f)

any other entity of the Nation.

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G.

Retaliation
1.
Employees are protected from retaliation by following the grievance
procedures of the Nation.
2.
Individuals found to have retaliated against an employee who made a
disclosure are subject to:

III.

a)

Disciplinary action

b)

Sanctions and penalties

c)

Removal

d)

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.

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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.

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

Legislative Operating Committee
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.

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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

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Title 3. Health and Public Safety - Chapter 304
DOMESTIC ANIMALS
K@tse>na Olihw@=ke
matters concerning the pet animals

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304.1.
304.2.
304.3.
304.4.
304.5.
304.6.
304.7.

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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;
(c) prohibit certain species of animals from being brought onto the Reservation;
(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
(c) regulating the types of animals which may be kept as domestic animals.
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.
(c) “Hen” means a female chicken (Gallus gallus domesticus).
(d) “Livestock” means any equine (i.e. horse, donkey, etc.), bovine (i.e. cow, steer,
3 O.C. 304 – Page 1

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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.
(c) Individuals who have consented to the jurisdiction of the Nation or as otherwise
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

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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:
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(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.
(c) Space Standards. Enclosures shall be constructed and maintained so as to provide
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:
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(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;
(c) the total weight of the tether does not exceed ten percent (10%) of the animal’s body
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.
(c) Placement of License Tag. Upon the receipt of a license the owner shall be provided
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
(C) being shown during a competition.
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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.
(c) Whenever any impounded animal bears an identification mark, such as a collar with
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
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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.
(c) If the veterinarian certifies that the animal has exhibited any signs of rabies the
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
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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.
(c) One (1) goat or sheep per recorded lot under one-half (½) acre when setback
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.
(c) No accessory structure used to keep hens shall be located within twenty-five feet
(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
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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.
(C) Family Ursidae. This includes all bears.
(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.
(C) Family Iguanaidae. This includes green iguanas and rock iguanas, but
does not include all other types of iguanas which are not green or rock
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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.
(c) Class Aves.
(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
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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.
(c) If the Trial Court finds the animal has been taken, employed, used or possessed in
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;
(c) is suspected to be owned, trained or harbored for the purpose of dog fighting; and/or
(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.
(c) Upon receipt of the written order and accompanying citation the owner shall remove
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
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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
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person.
(c) If an owner or caretaker fails to follow the requirements for harboring a dangerous
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.
(c) The Trial Court may mandate attendance at an additional Trial Court hearing if
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
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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-__-__-__-__

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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

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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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ab8402a0d70c86cb7. Public record. Not legal advice.