Oneida Business Committee (2019)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room-2nd Floor Norbert Hill Center

September 4, 2019

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

August 7, 2019 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Curfew Law (pg. 4)

2. Sanctions and Penalties Law (pg. 44)

IV.

New Submissions

Additions

VI.

Administrative Updates

1. Family Court Rule No. 1 (pg. 53)

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

August 07, 2019

9:00 a.m.

Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III

Excused: Jennifer Webster, Daniel Guzman King

Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Leyne Orosco, Rae

Skenandore, Lee Cornelius, Michelle Gordon, Trina Schuyler, Brent Truttmann, Jameson Wilson

Call to Order and Approval of the Agenda

David P. Jordan called the August 07, 2019 Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Ernest Stevens III to adopt the agenda; seconded by Kirby Metoxen. Motion

carried unanimously.

II.

Minutes to be Approved

Motion by Kirby Metoxen to approve the July 17, 2019 Legislative Operating Committee

meeting minutes and forward to the Business Committee for consideration; seconded by

Ernest Stevens III. Motion carried unanimously.

III.

Current Business

1. Curfew Law (1:06-3:40)

Motion by Ernest Stevens III to accept the public comments and public comments

review memorandum and defer this item to a work meeting for further consideration;

seconded by Kirby Metoxen. Motion carried unanimously.

2. Child Support Law Amendments (3:41-45:21)

Motion by Ernest Stevens III to have one more work session between the Legislative

Operating Committee, Legislative Reference Office and the Child Support Agency;

seconded by Kirby Metoxen. Motion carried unanimously.

IV.

New Submissions

1. Children’s Burial Fund Policy Amendments (45:25-51:17)

Motion by Kirby Metoxen to add the Children’s Burial Fund Policy Amendments to

the Active Files List with Kirby Metoxen as the sponsor; seconded by Ernest Stevens

III. Motion carried unanimously.

Additions

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

Legislative Operating Committee Meeting Minutes of August 07, 2019

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VI.

Administrative Items

1. LOC FY19 Third Quarter Report (51:22-57:18)

Motion by Kirby Metoxen to accept the FY19 Third Quarter Report with noted change

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

Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Ernest Stevens III to adjourn the August 07, 2019 Legislative Operating

Committee meeting at 9:57 a.m.; seconded by Kirby Metoxen. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of August 07, 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

September 4, 2019

Curfew Law

Submission Date: 12/19/18

LOC Sponsor: Ernest Stevens III

Public Meeting: 7/18/19

Emergency Enacted: n/a

Summary: This was a recommendation from the TAP Law and Policy Subcommittee, to develop a

curfew law for the Oneida Nation.

12/19/18 LOC: Motion by Jennifer Webster add the Curfew Law to the active files list and assign Ernest

Stevens III as the sponsor; seconded Ernest Stevens III. Motion carried unanimously.

2/13/19:

Work Meeting. Present: Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Maureen Perkins.

The purpose of this work meeting was to obtain information from the Oneida Police

Department regarding any issues that may currently be occurring on the Reservation related to

a lack of curfew, as well as discuss OPD’s role in potentially enforcing a Curfew law.

2/14/19:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Jennifer Falck, Clorissa N.

Santiago, Brandon Wisneski. The purpose of this work meeting was to provide the LOC an

update on communications with the Oneida High School’s Clan Council, and recent work

meeting with OPD. The LOC also discussed potential dates for holding a community meeting

potluck on the curfew law.

2/20/19 LOC: Motion by Daniel Guzman King to approve the community meeting notice and direct that a

community meeting for the proposed Curfew Law be held on Thursday, March 21, 2019;

seconded by Ernest Stevens III. Motion carried unanimously.

3/13/19:

Work Meeting. Present: Clorissa N. Santiago, Maureen Perkins, student representatives from

the Oneida Nation Clan Council. The purpose of this work meeting was to obtain information

from the Oneida High School Clan Council regarding their thoughts and opinions on a

potential curfew law.

3/21/19:

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

Falck, Clorissa N. Santiago, Maureen Perkins. The purpose of this work meeting was to

prepare for tonight’s community meeting on the curfew law. The LOC discussed the format

for the community meeting, potential discussion points, and questions the LOC members

currently have themselves regarding this topic.

3/21/19:

Community Meeting. Present: David P. Jordan, Lisa Summers, Ernest Stevens III, Daniel

Guzman King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Maureen Perkins. No

community members attended the community meeting.

5/1/19:

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

III, Jennifer Falck, Clorissa N. Santiago, Maureen Perkins. The purpose of this work meeting

was for the LOC to review the draft of the Curfew law. The LOC made policy decisions for

curfew, and directed minor changes be made to the draft. The LRO will update the draft and

complete a legislative analysis to be brought back in the near future.

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5/15/19:

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

King, Jennifer Falck, Clorissa N. Santiago, Maureen Perkins. The purpose of this work

meeting was to review and discuss a couple remaining questions that need to be determined

before a draft is finalized. LOC provided direction, and a draft will be finalized and moved

forward. On track to bring draft and analysis to June 5, 2019 LOC meeting.

6/5/19 LOC:

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

defer these items to a work meeting for further consideration, replacing page four (4) of the

packet with the handout; seconded by Ernie Stevens III. Motion carried unanimously.

6/5/19:

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

King, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Maureen

Perkins. The purpose of this work meeting was for the LOC to review the two (2) policy

considerations contained in the legislative analysis. LOC discussed other potential

amendments and directed that minor revisions be made to the law. Additionally, LOC made a

decision as to who will be directed to complete the financial analysis – the Finance

Department. A memo regarding the fiscal impact statement to Finance and the public meeting

packet will be prepared for the next LOC meeting.

6/13/19:

E-Poll Conducted. E-Poll was titled “Approval of the Curfew Law Fiscal Impact Statement

Request Memorandum to the Finance Department. The requested action of this e-poll was to

approve the Curfew law fiscal impact statement request memorandum, with accompanying

updated draft and legislative analysis, and forward to the Finance Department directing that a

fiscal impact statement of the proposed Curfew law be prepared and submitted to the LOC by

July 18, 2019. The e-poll was approved by David P. Jordan, Kirby Metoxen, Jennifer Webster,

and Ernest Stevens III. Daniel Guzman King did not provide a response to the e-poll.

6/19/19 LOC: Motion by Jennifer Webster to approve the public meeting packet and forward the Curfew

law to a public meeting to be held on July 18, 2019; seconded by Ernest Stevens III. Motion

carried unanimously.

Motion by Jennifer Webster to enter the June 13, 2019 LOC E-poll titled “Approval of the

Curfew Law Fiscal Impact Statement Request Memorandum” results into the record;

seconded by Ernest Stevens III. Motion carried unanimously.

6/19/19:

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

Clorissa N. Santiago, Brandon Wisneski, Destiny Prendiville. The discussion during this work

meeting centered around the LOC’s recent request for a fiscal impact statement to be

completed by July 18, 2019 and a strategy for moving forward.

6/27/19:

Work Meeting. Present: Jennifer Webster, Daniel Guzman King, Jennifer Falck, Clorissa N.

Santiago, Brandon Wisneski, Destiny Prendiville, Kristen Hooker, Maureen Perkins. The

discussion during this work meeting centered around the update on the LOC’s communication

with the Finance Department.

7/17/19 LOC: Motion by Kirby Metoxen to approve the memorandum regarding the Curfew Law financial

impact statement dated July 17, 2019; seconded by Daniel Guzman King. Motion carried

unanimously.

Motion by Kirby Metoxen to amend the June 13, 2019, directive to the Finance Department

to direct the Finance Department to complete a fiscal impact statement within ten (10) business

days after the LOC approves a final proposed draft of the Curfew law; seconded by Daniel

Guzman King. Motion carried unanimously.

7/18/19:

Public Meeting Held. Present: Ernest Stevens III, Brooke Doxtator, Jennifer Falck, Clorissa

N. Santiago, Rae Skenandore, Carol Silva, Amy Williams, Bella Mae Williams, Maureen

Perkins. One (1) person gave public comment during this public meeting.

7/25/19:

Public Comment Period Closed.

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8/7/19 LOC:

Motion by Ernest Stevens III to accept the public comments and public comments review

memorandum and defer this item to a work meeting for further consideration; seconded by

Kirby Metoxen. Motion carried unanimously.

8/15/19:

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

Webster, Brandon Stevens, Jennifer Falck, Clorissa N. Santiago, Maureen Perkins, Jameson

Wilson. The purpose of this work meeting was to review and consider the public comments

that were received.

Next Steps:

 Accept the updated public comment review memorandum, draft, and legislative analysis.

 Approve the Curfew law fiscal impact statement request memorandum and forward to the Finance

Department directing that a fiscal impact statement be prepared and submitted to the Legislative

Operating Committee by September 18, 2019.

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Oneida Nation

000000

PO Box 365 • Oneida, WI 54115-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Legislative Operating Committee (LOC)

Clarissa N. Santiago, Legislative Reference Office, Staff Attorney C.N ..5

September 4, 2019

Curfew Law: Public Meeting Comment Review

On July 18, 2019, a public meeting was held regarding the proposed Curfew law ("the Law"). The

public comment period was then held open until July 25, 2019. On August 15, 2019, the Legislative

Operating Committee reviewed and considered all public comments that were received. This

memorandum is submitted as a review of the oral and written comments received within the public

meeting and public comment period.

Comment 1 - Curfew Hours:

308.5-1. Cwfew Established. No minor shall be on any public space either on foot or in any

vehicle driven or parked, between the hours of 10:00 p.m. and 6:00 a.m. within the

boundaries of the Reservation, unless the minor is accompanied by a parent, guardian, or

legal custodian.

308.5-3. Exemptions to Curfew. A minor shall not be in violation of the curfew, if at the time

of the alleged violation the minor was:

(a) in the performance of a duty directed by such parent, guardian, or legal

custodian;

(b) engaged in employment or an employment related activity, or traveling to or

returning home from employment;

(d) attending an educational, cultural, religious, or recreational activity that was

supervised by adults, or traveling to or returning home from such activity;

(e) on the sidewalk in front of his or her home or an adjacent home;

(f) going to, attending, or returning home from a movie theatre;

(g) engaged in hunting, fishing, or trapping in accordance with the laws, policies, and

rules of the Nation;

(h) exercising rights protected by the Nation's Constitution and the United States

Constitution, such as free exercise of religion, freedom of speech, and the right of

assembly;

(i) involved in an emergency situation; and/or

(j) engaged in any other activity as deemed appropriate by the Oneida Police

Department officer.

Amy Williams (oral): Hi, my name is Arny Williams. Urn, so thanks for the opp01iunity to allow

me to comment. Urn, so I did have a chance to review the provisions of the proposal and urn my

comment is that I would be in favor of first an earlier time, perhaps four or five o' clock instead of

six o'clock. And urn, I think the reason is because we have three kids, all of them have had

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primarily athletic, but as well as academic, responsibilities that are before six o'clock. So, for

example, our son has hockey practice at, sometimes practice staiis at four or 4:30 a.m. which

means leaving the house at four o'clock, so he's out, he's driving around. He's a responsible, you

know they are responsible kids doing what they are supposed to be doing.

Response

The commenter requests the Legislative Operating Committee to consider revising the curfew

hours to end before 6:00 a.m. to accommodate those minors who may be engaged in athletic or

academic extracunicular activities that are held in the early morning hours.

The Legislative Operating Committee determined that the Nation's curfew should be imposed

between the hours of 10:00 p.m. and 6:00 a.m. in an effo1i to be consistent with curfew hours

imposed in the smrnunding municipalities. A review of local laws demonstrated that the following

municipalities impose a curfew during the hours of 10:00 p.m. and 6:00 a.m.:

• Brown County;

• Village of Hobaii;

• City of Green Bay;

• City of De Pere;

• Village of Ashwaubenon; and

• Village of Howard.

Consistency in the hours of curfew that are imposed on minors across neighboring municipalities

will make it easier for families to ensure they are complying with all laws that may govern across

overlapping jurisdictions.

Additionally, the Law accommodates minors who may engage in athletic or academic

extracunicular activities that are held during curfew hours through the various exemptions that are

provided. The Law provides that a minor shall not be in violation of the curfew, if at the time of

the alleged violation the minor was attending an educational, cultural, religious, or recreational

activity that was supervised by adults, or traveling to or returning home from such activity. [3 0. C.

308.5-3(d)}.

Based on the various exemptions to the curfew hours provided by the Law, there is no

recommended revision to the draft, but the Legislative Operating Committee may consider revising

the curfew hours if desired.

LOC Consideration

The Legislative Operating Committee discussed the commenter's request to revise the curfew

hours to end before 6:00 a.m. to accommodate those minors who may be engaged in athletic or

academic extracurricular activities that are held in the early morning hours. Based on the

exemptions provided in section 308 .5-3 of the Law and the impmiance of consistency with the

laws of other local municipalities, the Legislative Operating Committee determined there is no

revision to the Law needed based on this comment.

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The Legislative Operating Committee understood the commenter's request to accommodate those

minors who have obligations in the early morning hours as some of the Legislative Operating

Committee member discussed their own experiences as minors with jobs and/or activities that

required them to be out early in the morning, or late into the evening. The Legislative Operating

confirmed that the exemptions provided in the Law would address those minors that may be

paiiicipating in, or traveling to or from, academic or athletic activities or work during curfew hours.

In addition to the exemptions specific to academic, athletic, or employment activities, the Law also

contains a "catch all" provision that states a minor shall not be in violation of the curfew, if at the

time of the alleged violation the minor was engaged in any other activity as deemed appropriate

by the Oneida Police Depaiiment officer. [3 O.C. 308.5-30)].

In addition to expressing the belief that the exemptions in the Law adequately cover those minors

who may be paiiicipating in activities during curfew hours, the Legislative Operating Committee

expressed the impmiance of being consistent with the curfew laws of the sunounding local

municipalities. Consistency across municipalities is important for an ease in the enforcement, and

to ensure that families understand and can comply with the laws of all overlapping jurisdictions.

Comment 2 - Police Discretion:

308.5-3. Exemptions to Cmfew. A minor shall not be in violation of the curfew, if at the time

of the alleged violation the minor was:

(a) in the performance of a duty directed by such parent, guardian, or legal

custodian;

(b) engaged in employment or an employment related activity, or traveling to or

returning home from employment;

(d) attending an educational, cultural, religious, or recreational activity that was

supervised by adults, or traveling to or returning home from such activity;

(e) on the sidewalk in front of his or her home or an adjacent home;

(f) going to, attending, or returning home from a movie theatre;

(g) engaged in hunting, fishing, or trapping in accordance with the laws, policies, and

rules of the Nation;

(h) exercising rights protected by the Nation's Constitution and the United States

Constitution, such as free exercise of religion, freedom of speech, and the right of

assembly;

(i) involved in an emergency situation; and/or

U) engaged in any other activity as deemed appropriate by the Oneida Police

Department officer.

308.6-2. Warning. The first time a minor is held in custody by an Oneida Police Officer for

a curfew violation the Oneida Police Officer shall provide the minor and the minor's parent,

guardian, or legal custodian a warning and advise the minor and parent, guardian, or legal

custodian of the provisions of this law and that any subsequent curfew violations may result

in the issuance of a citation and the imposition of a penalty.

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Amy Williams (oral): Um, so, I understand the spirit of what's proposed in terms of, in terms of

safety. I guess I would, I'm an advocate for also assuring in some ways that the proposed law isn't

too punitive and that there is some so1i of discernment in te1ms of oh my gosh these kids are out

here doing what they need to be doing and not be afraid that somehow they are going to get in

trouble because they're out there by themselves, especially the ones that can drive. So, our kids

are out running, sometimes they have study groups in the morning, so um perhaps an earlier time,

and that would be the first thing. And then as well as to assure that there are provisions or enough

movement in the law where um you know whoever, police or whoever is enforcing, aren't too

punitive with kids who are going what they are supposed to be doing.

Response

The commenter encourages the Legislative Operating Committee to ensure that the Law allows

the Oneida Police Department enough discretion in the enforcement to ensure that it is not punitive

to those minors who are engaging in lawful actions.

The Law was drafted to provide the Oneida Police Depaiiment discretion in handling curfew

violations. The Law provides various exemptions, or circumstances in which a minor will not

violating curfew if at the time of the alleged violation the minor was engaged in those certain

circumstances. [3 O.C. 308.5-3}. One (1) of the many exemptions included in the Law provides

that a minor shall not be in violation of the curfew, if at the time of the alleged violation the minor

was engaged in any activity as deemed appropriate by the Oneida Police Depaiiment officer. [3

O.C. 308.5-3(j)}. This broad exemption provides the Oneida Police Depaiiment officer discretion

in enforcing the curfew.

The Law frniher requires that the first time a minor is held in custody by an Oneida Police

Depaiiment officer for violating curfew, the officer shall issue the minor and the minor's parent,

guardian, or legal custodian a warning. [3 O.C. 308.6-2}. The purpose of this warning is to advise

the minor and parent, guardian, or legal custodian of the provisions of this law and that any

subsequent curfew violation may result in the issuance of a citation and the imposition of a penalty.

[3 o.c. 308.6-2}.

In addition to the specific provisions of the Law stated above which allow for discretion by the

Oneida Police Department, the purpose of this Law is not to simply punish those minors who

violate curfew, but to support all drug use prevention initiatives of the Nation by protecting the

health, safety, and welfare of persons through the establishment of a curfew for minors in public

spaces within the Reservation during ce1iain hours in an effort to minimize the oppmiunity for

harm to come to minors during those hours. [3 0. C. 308. 1-2}.

The recommendation for a Curfew law was brought to the Legislative Operating Committee by

the Nation's Tribal Action Plan - Laws and Policy Subcommittee. The purpose of the Tribal Action

Plan is to coordinate a comprehensive prevention and treatment program for alcoholism and other

substance abuse that includes not only existing resources, but identifies the additional resources

necessary to combat these problems. The Laws and Policy Subcommittee was then assigned the

specific responsibility to look at what laws of the Nation should be amended, or created, to better

suppo1i the Tribal Action Plan. The recommendation to develop a Curfew law came to the

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Legislative Operating Committee as a result of the discussions from the Laws and Policy

Subcommittee which consisted of a cross functional core team that included representatives from

the Oneida Business Committee, Oneida Police Depaiiment, Governmental Services Division,

Oneida Gaming Commission, Family Services, Legislative Reference Office, Human Resources

Department, and Retail.

Based on the current provisions of the Law that allow the Oneida Police Depaiiment discretion in

the enforcement of curfew, there is no recommended revision based on this comment.

LOC Consideration

The Legislative Operating Committee determined there is no revision to the Law needed based on

this comment.

This decision was made by the Legislative Operating Committee after discussion of the fact that

the Law provides the Oneida Police Depaiiment appropriate discretion. The Legislative Operating

Committee expressed confidence in the Oneida Police Depaiiment's use of discretion in the

enforcement of curfew violations.

The Legislative Operating Committee also discussed the fact that during the March 13, 2019, work

meeting with the Oneida Nation High School Clan Council the students expressed the fact that

Oneida Police Depaitment officers have a strong tradition of talking to people and figuring out

what is wrong, instead of just taking punitive measures.

Comment 3 - Res onsibility of Parents, Guardians, and Legal Custodians:

308.5-2. Parental Responsibility. No parent, guardian, or legal custodian shall knowingly

permit or fail to take action to prevent the minor from being on any public space either on

foot or in any vehicle driven or parked, between the hours of 10:00 p.m. and 6:00 a.m. within

the boundaries of the Reservation.

Amy Williams (oral): So, our kids are usually under the purview of coaches who are telling them

where to be and what time, or uh teachers or other study groups. So just that that would be added

in addition to parents, guardians, and whatever language is. And that's all.

Response

The Law provides that no minor shall be on any public space either on foot or in any vehicle driven

or parked, between the hours of 10:00 p.m. and 6:00 a.m. within the boundaries of the Reservation,

unless the minor is accompanied by a parent, guardian, or legal custodian. [3 0. C. 308. 5-1}. The

commenter requests that coaches and teaches be added to the designation of "parent, guardian, or

legal custodian."

A parent, guardian, or legal custodian of a minor all have a legal responsibility as to the care and

custody of a minor. In addition to the general responsibilities of a parent, guardian, or legal

custodian, this Law provides that no parent, guardian, or legal custodian shall knowingly permit

fflXJOOO;

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or fail to take action to prevent the minor from being on any public space either on foot or in any

vehicle driven or parked, between the hours of I 0:00 p.m. and 6:00 a.m. within the boundaries of

the Reservation. [3 0. C. 308. 5-2]. A teacher or coach does not have the same legal responsibilities

for the minor, and therefore including them in this provision would be inappropriate.

The Law does provide various exemptions as to the curfew though, that would allow the minor to

participate in an academic or athletic function during curfew hours without violating the law. The

Law provides that a minor shall not be in violation of the curfew, if at the time of the alleged

violation the minor was attending an educational, cultural, religious, or recreational activity that

was supervised by adults, or traveling to or returning home from such activity. [3 O.C. 308.53(d)].

Based on section 308.5-3(d) of the Law which allows a minor to be exempted from the curfew if

attending an educational, cultural, religious, or recreational activity that was supervised by adults,

such as a teacher or a coach, or traveling to or returning home from such activity, there is no

recommended revision based on this comment.

LOC Consideration

The Legislative Operating Committee agreed that it would be inappropriate to include teachers or

coaches in the "parent, guardian, or legal custodian" designation, and that instead section 308.53 (d) of the Law which allows a minor to be exempted from the curfew if attending an educational,

cultural, religious, or recreational activity that was supervised by adults, such as a teacher or a

coach, adequately addresses the comment.

The Legislative Operating Committee determined there is no necessary revision based on this

comment.

Comment 4 - Community Service:

308.7. Penalties of Curfew Violations

308.7-1. Upon a finding by the Family Court that a violation of this law has occurred, the

minor and/or the minor's parent, guardian, or legal custodian may be subject to the

following penalties:

(b) Community service. An individual may be ordered to perform community service.

Community service can be used in lieu of, or in addition to, a fine.

(1) All community service assignments shall be approved by the Family Court.

The Family Court shall give preference to culturally relevant community

service assignments and/or community service assignments that focus on the

betterment of the individual's community.

(2) The Family Court shall provide the individual a written statement of the

terms of the community service order, and a statement that the community

service order is monitored.

(3) The Family Court's community service order shall specify:

(A) how many hours of community service the individual is required

to complete;

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(B) the time frame in which the hours shall be completed;

service assignment;

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

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

Patricia Degrand (written): Community Service: Community service has been ordered in the

past and it was problematic. In child support contempt cases, parties were ordered to complete a

set number of community service hours [Rule CS 2.8-2(c)]. The comi order indicated that the

community service would be monitored by the Oneida Nation Child Supp01i Agency and

completed through the Social Services Depaiiment. The comi later discovered that there were no

community service options being offered through the Social Services Department. Prior to ending

the community service orders (community service is not being ordered at the present time), the

comi attempted to locate other community service options through the Nation but nobody

expressed any interest in taking people on. I know liability and background check concerns were

raised. While I know the judges would paiiicipate in discussions regarding community service, I

am unsure as to whether they are going to be able to locate a list of options for people to use to

complete community service requirements. I know Judge Collins has reached out to some of the

other tribal comis and local municipal comis to find out if they are ordering community service

and what community service options they utilize, although these options may not be culturally

relevant or tied to the Oneida community. It would be useful if one of the Social Services

Depaiiment employees, such as the Indigenous Cultural Wellness Practitioner, could serve as the

intake for the minors ordered to do community service and monitor compliance to avoid a review

hearing on every citation.

Response

The commenter expresses concerns that the Family Court and the Oneida Nation Child Suppo1i

Agency were unsuccessful with the utilization of community service in the past, and instead

suggests that a Social Services Depaiiment such as the Indigenous Cultural Wellness Practitioner

serve as the intake for the minors ordered to do community service as a result of curfew violations.

The Law provides that the Family Comi may order an individual to perf01m community service

as a penalty for curfew violations. [3 0. C. 308. 7-1 (b)J. When the Family Comi orders community

service as a penalty the Family Comi is responsible for:

• Approving community service assignments and giving preference to culturally relevant

community service assignments and/or community service assignments that focus on the

betterment of the individual's community; and

• Providing an individual with a written statement of the terms of the community service

which includes the following information:

• Statement that the community service order is monitored;

• How many hours of community service the individual is required to complete;

• The time frame in which the hours shall be completed;

• How the individual shall obtain approval for his or her community service

assignment;

• How the individual shall report his or her hours; and

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•

Any other infmmation the Family Court dete1mines is relevant.

[3 0. C. 308. 7-1 (b)(l)-(3)}.

Although the Family Court is required to approve community service, the Law does not require

the Family Comt to find potential community service assignments for individuals. Ultimately, it

is up to the individual to secure a community service assignment- whether that community service

assignment is within a department of the Nation or held outside of the Nation. The Legislative

Operating Committee has previously discussed sending communication to various departments of

the Nation encouraging the development of community service oppo1tunities for those individuals

who violate curfew, particularly culturally relevant oppmtunities for those minors who violate

curfew. The Legislative Operating Committee also discussed encouraging that any community

service oppmiunity be communicated to the Family Court so that the Family Comi can share all

available information with those individuals when community service is imposed as a penalty.

In regard to who is monitoring compliance with the community service orders, there is nothing in

the Law that would prohibit the Family Comt from collaborating with another depaiiment such as

Social Services and stating in the community service order that someone such as the Indigenous

Cultural Wellness Practitioner would be responsible for monitoring the community service. How

community service is handled should be addressed through internal processes and procedures and

not included in the Law so that there is flexibility in handling community service in the future.

There is no revision to the Law recommended based on this comment. However, it is recommended

that the Legislative Operating Committee work on sending communication to various depaiiments

regarding the development of community service oppmiunities.

LOC Consideration

The Legislative Operating Committee discussed the fact that they believe there are many potential

community service oppmtunities throughout the Reservation, especially those that can be

determined as culturally relevant. Potential community service ideas discussed by the Legislative

Operating Committee included apple or corn harvesting, community clean ups, pulling weeds, and

volunteering at various community events. The Legislative Operating Committee agreed that how

community service is monitored, or what community service assignments are offered should not

be included in the Law and should instead be addressed through communication and internal

process developed between the Judiciary and various depaitments of the Nation.

Understanding that potential liability was a concern in the past, the Legislative Operating

Committee discussed the fact that the development of waiver forms for community service

opportunities should be explored further.

The Legislative Operating Committee plans on sending communication to various depaiiments of

the Nation regarding the development of community service oppo1iunities.

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Comment 5 - Alternative to Fines or Comm uni ' Service:

Patricia Degrand (written): Alternative to Fines or Community Service: It would be nice ifthere

was an alternative to the penalties section that is similar to what the court has done with contempt

findings. With the contempt findings, the comt is able to allow a person one oppo1tunity to comply

or be held in contempt [803.26-3(b)(l)] . Typically the comt will find the party in contempt, fine

them, and then give them a purge condition such as no more findings of contempt within a period

of X months. If the purge condition is satisfied, there is then no contempt finding or fine . Having

an option similar to this to use with parents and minors could be useful as the citation could be

dismissed ifthere are no fu1ther curfew citations issued within a set period of time.

Response

The commenter requests that the Family Comt be allowed to stay the enforcement of a penalty

against an individual found to have violated the Curfew law, and then dismiss the curfew citation

if the individual can refrain from violating this Law for a period of time as determined by the

Family Court.

Whether to allow the Family Comt to stay the enforcement of a penalty against an individual found

to have violated the Curfew law, and then dismiss the curfew citation if the individual can refrain

from violating this Law for a period of time is a policy consideration for the Legislative Operating

Committee to make. The Legislative Operating Committee may determine:

1. The Law should remain as currently drafted and not address the Family Comt' s authority

to stay the enforcement of a penalty for a curfew violation.

2. The Law should be amended to allow the Family Comt to stay the enforcement of a penalty

for a curfew violation. If the Legislative Operating Committee makes this decision, then

the following revision should be made to the Law:

308.7-2. Staying a Curfew Penalty. The Family Comt may stay the enforcement of a

penalty issued as a result of a curfew violation for a period of time to be determined by the

Family Court. If the individual maintains compliance with the law during the time period

in which the penalty is stayed. then the Family Court may dismiss the citation. If the

individual commits another violation of the law during the time period in which the penalty

is stayed, then the penalty shall go into effect.

LOC Consideration

The Legislative Operating Committee determined that the Law should be amended to allow the

Family Comt to stay the enforcement of a penalty for a curfew violation, and approved the

following recommended language:

308 .7-2 . Staying a Curfew Penalty. The Family Comt may stay the enforcement of a

penalty issued as a result of a curfew violation for a period of time to be dete1mined by the

Family Court. If the individual maintains compliance with the law during the time period

in which the penalty is stayed, then the Family Court may dismiss the citation. If the

individual commits another violation of the law during the time period in which the penalty

is stayed, then the penalty shall go into effect.

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The Legislative Operating Committee discussed the fact that allowing the enforcement to be stayed

provides more discretion to the Family Court to be lenient to youth offenders. This also provides

an opp01tunity for the minor who was found to have violated curfew to conect his or her behavior.

The Legislative Operating Committee discussed the notion that sometimes just the action of getting

a citation and having to appear in comt in front of a judge is enough of a deterrent that the minor

will not engage in that behavior again, even if no fine or other penalty associated with the citation

was actually imposed. The Legislative Operating Committee is supportive of the Law providing

opp01tunities for conected behaviors.

Comment 6 - Jurisdiction of the Famil ' Court:

308.6-3. Issuance of a Citation. Any subsequent time a minor is held in custody by an Oneida

Police Officer for a curfew violation the Oneida Police Officer may issue a citation to the

minor and the minor's parent, guardian, or legal custodian.

(a) A citation for a violation of this law and/or any orders issued pursuant to this law

may include fines and other penalties, as well as conditional orders made by the

Family Court.

308.7. Penalties of Curfew Violations

308.7-1. Upon a finding by the Family Court that a violation of this law has occurred, the

minor and/or the minor's parent, guardian, or legal custodian may be subject to the

following penalties:

Patricia Degrand (written): Judicial Branch: We had an internal discussion and the Family Court

judges recognize that this law could be assigned to the Family Com1. I ask that the LRO/LOC

reconsider doing so. With the Children's Code going into effect in October, there are a lot of

unknowns with the Family Comt's caseload. One concern I have is with the permanency plan

hearings and the effect those will have on our calendar. We have an initial plan for the scheduling

of the 6 and 12 month permanency plan review hearings, but realize that we might have to make

adjustments depending on the number of cases that are filed/transferred. As curfew violations are

typically general civil cases and the Trial Court can hear those matters [801.5-2(a)], please consider

assigning this law to the Trial Court. The Trial Court is already hearing all other citations, some

of which could involve minors, and adding the Curfew law to the Trial Court's docket would help

with the caseload distribution. Looking back at May- June 2019, the Family Comt held comt 20

of 22 days with a total of 68 hearings. The Trial Court held com1 6 of 22 days with a total of 15

hearings (plus the peacemaking sessions that Judges Hill and Powless have done). If the Curfew

Law is left in the Family Com1, please don't add any requirements to any upcoming citations law

(if there will be one) that would mandate how quickly the Family Comt needs to hold a curfew

citation hearing so we can hold these on a bimonthly or trimonthly basis.

Response

The commenter asks the Legislative Operating Committee to reconsider the decision to assign

jurisdiction of curfew matters to the Family Comt, and to instead assign jurisdiction over these

matters to the Trial Court.

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The Law assigns jurisdiction over curfew matters to the Family Comt based on the fact that the

Family Comt law provides that the Family Com1 shall administer the judicial authorities and

responsibilities of the Nation over all matters pertaining to the family, children and elders, except

for probate matters. [8 O.C. 806.4-1]. Since curfew governs the actions of minors and the minors'

parents, guardians, or legal custodians, the Legislative Operating Committee dete1mined it was

appropriate to assign jurisdiction to the Family Com1 in order to avoid any conflicts with the

Family Comt law.

Based on the fact that the Family Com1 was established for the purpose of administering the

judicial authorities and responsibilities of the Nation over all matters pertaining to the family,

children and elders, there is no recommended revision based on this comment.

Additionally, the commenter requests that if the Family Com1 maintains jurisdiction over curfew

matters that no timeframes which would mandate when the Family Court is required to hold curfew

citation hearings be included in the proposed Citations law the Legislative Operating Committee

is cmTently developing.

The Legislative Operating Committee is cmTently developing a Citations law which will provide

a consistent process for handling citations of the Nation in order to ensure equal and fair treatment

to all persons who come before the Judiciary to have their citations resolved. The Legislative

Operating Committee does intend to include general timeframes for the citation process in the

proposed law so that all citations are handled in a consistent manner. The Legislative Operating

Committee is still in the drafting stages for the Citations law, but a public meeting will be held in

the future to provide the oppo11unity to provide input on this subject.

LOC Consideration

The Legislative Operating Committee determined that no revision should be made to the Law, and

that jurisdiction is appropriately placed with the Oneida Family Com1. After review and discussion

of the caseloads of the Family Court and Trial Court, the Legislative Operating Committee

understands that the Family Com1 carries a much higher caseload than the Trial Com1; a caseload

that has the potential to continue increasing with the implementation of the Children's Code.

Although the Family Com1 has a higher caseload than the Trial Com1, the Legislative Operating

Committee still believes that this Law pertains to children and families and for that reason the

Family Court must assume jurisdiction in order to not conflict with the Family Comt law.

Comment 7 - Famil Counseling:

308. 7. Penalties of Curfew Violations

308.7-1. Upon a finding by the Family Court that a violation of this law has occurred, the

minor and/or the minor's parent, guardian, or legal custodian may be subject to the

following penalties:

participate in a family counseling and/or a parenting program.

ODODOC)

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Patricia Degrand (written): Family Counseling: We should make Oneida Behavioral Health

aware that orders for family counseling could be included in a curfew citation order.

Response

The commenter requests that Oneida Behavioral Health be made aware that orders for family

counseling could be included in a curfew citation order.

Orders to participate in family counseling may not be exclusive to family counseling by the Oneida

Behavioral Health department. Individuals may use family counseling services from other entities

if available.

Although there is no recommended revision to the Law based on this comment, it is recommended

that the Legislative Operating Committee communicate with Oneida Behavioral Health and any

other relevant depmiment of the Nation so that it is known that curfew citation orders may include

refenals for services such as family counseling or parenting programs.

LOC Consideration

The Legislative Operating Committee agrees that communication should be sent to Oneida

Behavioral Health and any other relevant depmiment of the Nation, but that no revision to the Law

is needed as a result of this comment.

Comment 8 - Per Ca ita Attachment:

308.7. Penalties of Curfew Violations

308.7-1. Upon a finding by the Family Court that a violation of this law has occurred, the

minor and/or the minor's parent, guardian, or legal custodian may be subject to the

following penalties:

(a) Fines. An individual may be ordered to pay a fine as a result of a violation of this

law. The Oneida Business Committee shall hereby be delegated the authority to adopt

through resolution a fine schedule which sets forth specific fine amounts for violations

of this law.

(1) All fines shall be paid to the Judiciary.

(2) Fines shall be paid within ninety (90) days after the order is issued or

upheld on final appeal, whichever is later.

(A) The ninety (90) day deadline for payment of fines may be extended

if an alternative payment plan is approved by the Family Court.

(3) If an individual does not pay his or her fine the Family Court may seek to

collect the money owed through the Nation's garnishment and/or per capita

attachment process.

(5) 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.

Patricia Degrand (written): Per Capita Attachment: With minors being involved, we may end up

with attachment orders that will not be enforceable for several years. For instance, if a minor is

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fined $150 and does not pay it, the court could pursue a per capita attachment. If the child is 14 at

the time of the curfew violation order and does not pay, the final accounting may be received by

the Trust Emollment Department several years before the attachment will even be possible. The

Trust Emollment Depaiiment will need to be made aware of this. If the child involved is not

eligible for a per capita payment, collection in some cases may be difficult. Pursuing a garnishment

several years later when the child is of working age may not be feasible. The court, several years

later, will not know where the 14-year-old who received a curfew violation is working at age 18.

Response

The commenter expresses concerns about the delay in attaching the per capita of a minor or

pursuing a garnishment of a minor once that minor reaches the age of eighteen ( 18) and is working.

The Law provides that if an individual does not pay his or her fine, the Family Court may seek to

collect the money owed through the Nation's garnishment and/or per capita attachment process.

[3 0. C. 308. 7-1 (a)(3)]. The purpose of this provision is to allow the Family Comi the option to

pursue garnishment or per capita attachment for unpaid fines when appropriate. Garnishment and

per capita attachment may not be appropriate as a means to address fines owed by a minor child,

but may be an appropriate measure to seek unpaid fines from a minor's parent, guardian, or legal

custodian. The Family Comi is not required to use the Nation's garnishment and/or per capita

attachment process, just as the Family Court is not required to impose fines as a penalty for curfew

violations. The discretion lies with the Family Comi.

Any attempt by the Family Comi to attach the per capita of an individual must comply with the

provisions found in the Nation's Per Capita law. [I 0. C. 123.4-9(d)}. Any attempt by the Family

Court to garnish the wages of an individual must comply with the provisions found in the Nation's

Garnishment law. [2 0. C. 204. 6}.

There is no recommended revision to the Law based on this comment.

LOC Consideration

The Legislative Operating Committee discussed the fact that the purpose of section 308.7-l(a)(3)

is to allow the Family Court the option to pursue garnishment or per capita attachment for unpaid

fines when appropriate, but that it is ultimately up to the Family Court to determine when it is

appropriate to do so.

The discretion given to the Family Comito determine what penalty should be imposed against the

minor and/or the minor's parent, guardian, or legal custodian was also discussed by the Legislative

Operating Committee. [3 O.C. 308. 7-1]. The Family Comi may make the determination that in

ce1iain situations penalties should be imposed against the parent, guardian, or legal custodian and

not the minor, or vice versa. The Family Comi may also make the determination that penalties

should be imposed against both the minor and the minor's parent, guardian, or legal custodian.

The Family Comi is given discretion in the imposition of penalties so that the Family Court can

address the specific circumstances of each situation and determine which penalty is most

appropriate.

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The Legislative Operating Committee determined that there is no revision to the Law needed based

on this comment.

Comment 9 - Exem tions to Curfew:

308.5-3. Exemptions to Cwfew. A minor shall not be in violation of the curfew, if at the time

of the alleged violation the minor was:

(a) in the performance of a duty directed by such parent, guardian, or legal

custodian;

Patricia Degrand (written): Exemptions to Curfew: 308.5-3(a) could give minors an unintended

out if their parent or guardian tells them to get out of the house after the curfew goes into effect.

Although, in this situation, OPD may only want to cite the parent.

Response

The commenter expresses concern that the exemption to the curfew for a minor in the performance

of a duty directed by such parent, guardian, or legal custodian could provide an unintended excuse

to those minors violating curfew.

Although the Law provides that it is the responsibility of the parent, guardian, or legal custodian

to ensure that the minor is not violating the Nation's curfew [3 0. C. 308.5-2], the Law recognizes

that circumstances may arise in which a parent, guardian, or legal custodian may need the minor

to be out during curfew hours and provides the flexibility to do so with the exemption provided

for in section 308.5-3(a) of the Law. Ultimately, it is up to the discretion of the Oneida Police

Department officer to look at the totality of the circumstances and determine if there is a reasonable

belief that a violation of curfew has occuned or if an exemption described in section 308.5-3

applies. [3 O.C. 308.6-3].

Additionally, the commenter states that in the circumstance where an unintended exemption is

provided by the parent, the Oneida Police Department Officer may want to only cite the parent.

The Law provides that an Oneida Police Officer may issue a citation to the minor and the minor's

parent, guardian, or legal custodian for a curfew violation. [3 0. C. 308. 6-1 (c)]. Although the Law

requires that the citation be issued to both the minor and the minor's parent, guardian, or legal

custodian, the Law provides discretion to the Family Comi to determine what penalty should be

imposed against the minor and/or the minor's parent, guardian, or legal custodian. [3 0. C. 308. 71]. The Family Comi may make the determination that in certain situations penalties should be

imposed against the parent, guardian, or legal custodian and not the minor, or vice versa. The

Family Court may also make the determination that penalties should be imposed against both the

minor and the minor's parent, guardian, or legal custodian. The Family Court is given discretion

in the imposition of penalties so that the Family Comi can address the specific circumstances of

each situation and determine which penalty is most appropriate.

LOC Consideration

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The Legislative Operating Committee dete1mined that the discretion provided to the Oneida Police

Department and the Family Court throughout the Law is appropriate, and therefore determined

there is no revision to the Law needed based on this comment.

Comment 10 - Collection of Fines:

308. 7. Penalties of Curfew Violations

308.7-1. Upon a finding by the Family Court that a violation of this law has occurred, the

minor and/or the minor's parent, guardian, or legal custodian may be subject to the

following penalties:

(a) Fines. An individual may be ordered to pay a fine as a result of a violation of this

law. The Oneida Business Committee shall hereby be delegated the authority to adopt

through resolution a fine schedule which sets forth specific fine amounts for violations

of this law.

(1) All fines shall be paid to the Judiciary.

(2) Fines shall be paid within ninety (90) days after the order is issued or

upheld on final appeal, whichever is later.

(A) The ninety (90) day deadline for payment of fines may be extended

if an alternative payment plan is approved by the Family Court.

(3) If an individual does not pay his or her fine the Family Court may seek to

collect the money owed through the Nation's garnishment and/or per capita

attachment process.

(5) 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.

Patricia Degrand (written): Fines: 308.7-l(a)(3) allows the Comt to collect money owed

through the Nation's garnishment and/or per capita attachment process. The Family Court is in the

process of developing a process for collecting guardian ad litem fees and may utilize the State

Debt Collection program and the Wisconsin Tax Refund Interception Program (TRIP) as they are

both available to tribal courts. Can this section be amended to add "or another collection process

available to the Comt"?

Response

The commenter asks the Legislative Operating Committee to revise the language in section 308.7l(a)(3) to allow for the Family Comt to ·utilize another collection process since the Family Comt

is cunently developing a process for collecting fees that may utilize the State Debt Collection

program and the Wisconsin Tax Refund Interception Program.

It is recommended that the Legislative Operating Committee make the following revision to

section 308.7-l(a)(3) to allow more flexibility to the Family Court to use any debt collection

process that may be available:

(3) If an individual does not pay his or her fine the Family Court may seek to collect the

money owed through the Nation's garnishment and/or per capita attachment process or any

other collection process available to the Family Comt.

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LOC Consideration

The Legislative Operating Committee, in an effo1i to allow the Law flexibility, approves the

following revision to be made to section 308.7-l(a)(3) of the Law:

(3) If an individual does not pay his or her fine the Family Court may seek to collect the

money owed through the Nation' s garnishment and/or per capita attachment process or any

other collection process available to the Family Comi.

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Title 3. Health and Public Safety - Chapter 308

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We’ll put our arms across to stop them

CURFEW

308.1. Purpose and Policy

308.2. Adoption, Amendment, Repeal

308.3. Definitions

308.4. Jurisdiction

308.5. Curfew

308.6. Enforcement of Curfew Violations

308.7. Penalties of Curfew Violations

308.1. Purpose and Policy

308.1-1. Purpose. The purpose of this law is to protect the health, safety, and welfare of persons

and property within the Reservation by regulating the activities of minors on the Reservation

during certain hours, while imposing certain obligations and responsibilities upon the parents,

guardians, and/or legal custodians of a minor for the control and supervision of that minor.

308.1-2. Policy. It is the policy of the Nation to support all drug use prevention initiatives of the

Nation by protecting the health, safety, and welfare of persons through the establishment of a

curfew for minors in public spaces within the Reservation during certain hours in an effort to

minimize the opportunity for harm to come to minors during those hours.

308.2. Adoption, Amendment, Repeal

308.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.

308.2-2. 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.

308.2-3. 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.

308.2-4. 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.

308.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

308.3. Definitions

308.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

(a) “Court of Appeals” means the branch of the Nation's Judiciary delegated the authority

of final appeal within the Nation’s Judiciary, as authorized by Oneida General Tribal

Council resolution GTC-03-19-17-A .

(b) “Family Court” means the branch of the Nation’s Judiciary delegated the authority to

administer the judicial authorities and responsibilities of the Nation related to the family

and/or children, as authorized by Oneida General Tribal Council resolution GTC-03-1917-A.

authority of guardianship of a child by a Court for the purpose of managing and caring for

the child. A guardian has the right to make major decisions affecting a child including

education, religious and cultural upbringing, the right to consent to marriage, to enlistment

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in the armed forces, to major surgery and medical treatment and to adoption, or make

recommendations as to adoption.

(d) “Legal custodian” means any person, department, and/or agency, other than a parent

or guardian, to whom legal custody of a child has been granted by Court order and has the

rights and responsibilities for the following:

(1) To have physical custody of the child as determined by the Court, if physical

custody is not with the person having legal custody;

(2) To protect, educate and discipline the child so long as it is in the child’s best

interest; and

(3) To provide the child with adequate food, shelter, education, ordinary medical

care and other basic needs, according to court order. In an emergency situation, a

custodian shall have the authority to consent to surgery as well as any other

emergency medical care needs.

(e) “Member of the Nation” means an individual enrolled in the Oneida Nation.

(f) “Minor” means a person age seventeen (17sixteen (16) years old or younger.

(g) “Nation” means the Oneida Nation.

(h) “Parent” means the biological or adoptive parent of a child.

(j) “Public space” means any public streets, highways, roads, alleys, parks, vacant lots, or

any public lands.

(j) “Relative” means any person connected with a child by blood, marriage or adoption.

(k) “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.

308.4. Jurisdiction

304.4-1. Jurisdiction of the Court. The Family Court has jurisdiction over any action brought

under this law.

308.4-12. Personal Jurisdiction. This law applies to:

(a) All members of the Nation, individuals eligible for enrollment in the Nation, and

members of other federally-recognized tribes.

(b) Individuals leasing, occupying or otherwise using fee land owned by the Nation or by

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

individual members of the Nation.

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

jurisdiction of the Nation:

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

entities, corporations, or members of the Nation, including but not limited to

contracts or other agreements; or

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

including failure to raise an objection to the exercise of personal jurisdiction in a

timely manner.

308.4-23. 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.

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308.5. Curfew

308.5-1. Curfew Established. No minor shall be on any public space either on foot or in any

vehicle driven or parked, between the hours of 10:00 p.m. and 6:00 a.m. within the boundaries of

the Reservation, unless the minor is accompanied by a parent, guardian, or legal custodian.

308.5-2. Parental Responsibility. No parent, guardian, or legal custodian shall knowingly permit

or fail to take action to prevent the minor from being on any public space either on foot or in any

vehicle driven or parked, between the hours of 10:00 p.m. and 6:00 a.m. within the boundaries of

the Reservation.

308.5-3. Exemptions to Curfew. A minor shall not be in violation of the curfew, if at the time of

the alleged violation the minor was:

(a) in the performance of a duty directed by such parent, guardian, or legal custodian;

(b) engaged in employment or an employment related activity, or traveling to or returning

home from employment;

(d) attending an educational, cultural, religious, or recreational activity that was supervised

by adults, or traveling to or returning home from such activity;

(e) on the sidewalk in front of his or her home or an adjacent home;

(f) going to, attending, or returning home from a movie theatre;

(g) engaged in hunting, fishing, or trapping in accordance with the laws, policies, and rules

of the Nation;

(h) exercising rights protected by the Nation’s Constitution and the United States

Constitution, such as free exercise of religion, freedom of speech, and the right of

assembly;

(i) involved in an emergency situation; and/or

(j) engaged in any other activity as deemed appropriate by the Oneida Police Department

officer.

308.6. Enforcement of Curfew Violations

308.6-1. Enforcement Procedure. A suspected violation of curfew shall be enforced by the Oneida

Police Department in the following ways:

(a) A minor who is suspected of violating curfew may be stopped by an Oneida Police

Officer.Department officer. No person shall assault, obstruct or flee from any Oneida

Police OfficerDepartment officer enforcing or attempting to enforce the provisions of this

law.

(b) The Oneida Police OfficerDepartment officer shall ask the minor’s name, age, and

reason for violating curfew. The minor shall provide the Oneida Police OfficerDepartment

officer identification if available. No person shall falsely represent his or her name or age

to an Oneida Police OfficerDepartment officer.

totality of the circumstances that a violation of curfew has occurred and not one of the

exemptions in section 308.5-3 apply, the Oneida Police OfficerDepartment officer may

take custody of the minor for the purpose of returning such minor to the care and custody

of a parent, guardian, or legal custodian.

(d) Once the Oneida Police OfficerDepartment officer has taken the minor into his or her

custody, the minor shall provide the Oneida Police OfficerDepartment officer with contact

information for his or her parent, guardian, or legal custodian. The Oneida Police

OfficerDepartment officer shall contact the minor’s parent, guardian, or legal custodian to

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come and pick up the minor and take the minor into his or her care and custody. If the

minor’s parent, guardian, or legal custodian is unable to pick the minor up, then the Oneida

Police OfficerDepartment officer may bring the minor home to release the minor to the

custody and care of the minor’s parent, guardian, or legal custodian.

(e) If the Oneida Police OfficerDepartment officer is unable to contact the minor’s parent,

guardian, or legal custodian after reasonable efforts are made, the Oneida Police

OfficerDepartment officer shall attempt to locate an adult relative or other responsible adult

willing and able to accept the care and custody of the minor, and may release the minor

into the care and custody of such person.

308.6-2. Warning. The first time a minor is held in custody by an Oneida Police

OfficerDepartment officer for a curfew violation the Oneida Police OfficerDepartment officer

shall provide the minor and the minor’s parent, guardian, or legal custodian a warning and advise

the minor and parent, guardian, or legal custodian of the provisions of this law and that any

subsequent curfew violations may result in the issuance of a citation and the imposition of a

penalty.

308.6-3. Issuance of a Citation. Any subsequent time a minor is held in custody by an Oneida

Police OfficerDepartment officer for a curfew violation the Oneida Police OfficerDepartment

officer may issue a citation to the minor and the minor’s parent, guardian, or legal custodian.

(a) A citation for a violation of this law and/or any orders issued pursuant to this law may

include fines and other penalties, as well as conditional orders made by the Family Court.

(b) A citation for a violation of this law shall be processed in accordance with the

procedure contained in the Nation’s laws and policies governing citations.

pre-hearing by the minor and his or her parent, guardian, or legal custodian.

308.7. Penalties of Curfew Violations

308.7-1. Upon a finding by the Family Court that a violation of this law has occurred, the minor

and/or the minor’s parent, guardian, or legal custodian may be subject to the following penalties:

(a) Fines. An individual may be ordered to pay a fine as a result of a violation of this law.

The Oneida Business Committee shall hereby be delegated the authority to adopt through

resolution a fine schedule which sets forth specific fine amounts for violations of this law.

(1) All fines shall be paid to the Judiciary.

(2) Fines shall be paid within ninety (90) days after the order is issued or upheld

on final appeal, whichever is later.

(A) The ninety (90) day deadline for payment of fines may be extended if

an alternative payment plan is approved by the Family Court.

(3) If an individual does not pay his or her fine the Family Court may seek to collect

the money owed through the Nation’s garnishment and/or per capita attachment

process or any other collection process available to the Family Court.

(54) Community service may be substituted for part or all of any fine at the

minimum wage rate of the Nation for each hour of community service.

(b) Community service. An individual may be ordered to perform community service.

Community service can be used in lieu of, or in addition to, a fine.

(1) All community service assignments shall be approved by the Family Court.

The Family Court shall give preference to culturally relevant community service

assignments and/or community service assignments that focus on the betterment of

the individual’s community.

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(2) The Family Court shall provide the individual a written statement of the terms

of the community service order, and a statement that the community service order

is monitored.

(3) The Family Court’s community service order shall specify:

(A) how many hours of community service the individual is required to

complete;

(B) the time frame in which the hours shall be completed;

service assignment;

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

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

participate in a family counseling and/or a parenting program.

(d) Any other penalty as deemed appropriate by the Family Court.

308.7-2. Staying a Curfew Penalty. The Family Court may stay the enforcement of a penalty

issued as a result of a curfew violation for a period of time to be determined by the Family Court.

If the individual maintains compliance with the law during the time period in which the penalty is

stayed, then the Family Court may dismiss the citation. If the individual commits another violation

of the law during the time period in which the penalty is stayed, then the penalty shall go into

effect.

End.

Adopted – BC-__-__-__-__

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