# Oneida Business Committee (2020) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ac13a056a7ceed472 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 255 Oneida Nation " Oneida Business Committee Legislative Operating Committee 000000 PO Box 365 • Oneida, WI 54155‐0365 ONEIDA Oneida‐nsn.gov LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA Business Committee Conference Room-2nd Floor Norbert Hill Center February 5, 2020 9:00 a.m. I. Call to Order and Approval of the Agenda II. Minutes to be Approved 1. January 15, 2020 LOC Meeting Minutes (pg. 2) III. Current Business 1. Citations Law (pg. 4) 2. Indian Preference in Contracting Amendments (pg. 35) 3. Southeastern Wisconsin Oneida Tribal Services (SEOTS) Advisory Board Bylaws Amendments (pg. 103) IV. New Submissions 1. Petition: Nancy Dallas – Funeral Home (pg. 125) 2. Petition: Nancy Dallas – Hold on Building (pg. 126) 3. Oneida Nation Emergency Planning Committee Bylaws Amendments (pg. 127) 4. Curfew Law Amendments (pg. 128) 5. Domestic Animals Law Amendments (pg. 129) V. Additions 1. Land Commission Bylaws Amendments *HANDOUT (p. 130) VI. Administrative Updates 1. E-Poll Results: Sanctions and Penalties for Elected Officials Law – Approve Updated Materials and Fiscal Impact Statement Request (pg. 133) 2. E-Poll Results: Sanctions and Penalties for Elected Officials Law – Approve Adoption Packet and Forward to Oneida Business Committee (pg. 193) 3. E-Poll Results: Sanctions and Penalties for Elected Officials Law – Rescind Motion Approving Adoption Packet (pg. 240) 4. Boards, Committees and Commissions One-Year Evaluation Report (pg. 242) VII. Executive Session VIII. Recess/Adjourn A good mind. A good heart. A strong fire. 2 of 255 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 15, 2020 9:00 a.m. Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III, Daniel Guzman King Excused: Jennifer Webster Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Kristen Hooker, Jennifer Falck, Rae Skenandore, Jameson Wilson, Rosa Laster, Bonnie Pigman, Lee Cornelius. Present via Teleconference: Arthur Elm III, Diane Hill, Lloyd Ninham, Michael Coleman. I. Call to Order and Approval of the Agenda David P. Jordan called the December 18, 2019, Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Kirby Metoxen to adopt the agenda; seconded by Ernest Stevens III. Motion carried unanimously. II. Minutes to be Approved 1. December 18, 2019 Motion by Ernest Stevens III to approve the December 18, 2019, Legislative Operating Committee meeting minutes and forward to the Business Committee for consideration; seconded by Daniel Guzman King. Motion carried unanimously. III. Current Business 1. Citations Law (1:00-11:37) Motion by Kirby Metoxen to accept the updated public comment review memorandum, draft, and legislative analysis; seconded by Daniel Guzman King. Motion carried unanimously. Motion by Ernest Stevens to approve the Citations law fiscal impact statement request memorandum and forward to the Finance Department requesting a fiscal impact statement be prepared and submitted to the Legislative Operating Committee by January 29, 2020; seconded by Kirby Metoxen. Motion carried unanimously. 2. Children’s Burial Fund Policy Amendments (11:38-22:43) Motion by Kirby Metoxen to accept legislative analysis; seconded by Ernest Stevens III. Motion carried unanimously. Motion by Kirby Metoxen to approve the public meeting packet and forward the Children’s Burial Fund Policy Amendments to a public meeting to be held on February 13, 2020; seconded by Ernest Stevens III. Motion carried unanimously r'\. OOODDD= A good mind. A good heart. A strong fire. Legislative Operating Committee Meeting Minutes of January 15, 2020 Page 1 of 2 ONEIDA 3 of 255 3. Oneida Food Service Code Amendments (22:43-31:40) Motion by Kirby Metoxen to approve the public meeting packet and forward the Food Service Code Amendments to a public meeting to be held on February 6, 2020; seconded by Daniel Guzman King. Motion carried unanimously 4. Sanctions and Penalties Law (31:41-36:42) Motion by Ernest Stevens III to accept the public comments and public comment review memorandum and defer to a work meeting for further consideration; seconded by Daniel Guzman King. Motion carried unanimously. IV. New Submissions 1. Real Property Law Emergency Amendments (36:43-54:12) Motion by Kirby Metoxen to add “Real Property Emergency Amendments” to the active files list with Jennifer Webster and Ernest Stevens III as cosponsors; seconded by Ernest Stevens III. Motion carried unanimously. Motion by Kirby Metoxen to approve the Real Property Emergency Amendments adoption packet and forward to the Oneida Business Committee for consideration with adding cosponsors; seconded by Ernest Stevens III. Motion carried. Ayes: Ernest Stevens III, Kirby Metoxen Abstained: Daniel Guzman King 2. Southeast Oneida Tribal Services Advisory Board Amendments (54:18-1:04:16) Motion by Daniel Guzman King to add the SEOTS Board bylaws to the active files list for amendments with Daniel Guzman King as the sponsor; seconded by Ernest Stevens III. Motion carried unanimously. 3. Tobacco Law Emergency Amendments (1:04:18-1:11:41) Motion by Daniel Guzman King to add the Tobacco Law Emergency Amendments to the active files list with Kirby Metoxen as the sponsor; seconded by Kirby Metoxen. Motion carried unanimously. For the record: Ernest Stevens III, “I support that motion, because we can’t have a conversation if we don’t bring it there. That’s the only reason I’m supporting it.” V. Additions VI. Administrative Items 1. E-poll Results: Vehicle Driver Certification and Fleet Management Amendments (1:11:58-1:12:34) Motion by Kirby Metoxen to enter the E-poll into the record from 12/18/19 to approve the January 23, 2020 Updated public meeting for the Vehicle Driver Certification and Fleet Management Law Amendments; seconded by Daniel Guzman King. Motion carried unanimously. VII. Executive Session VIII. Adjourn Motion by Kirby Metoxen to adjourn at 10:13 a.m.; seconded by Ernest Stevens III. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of January 15, 2020 Page 2 of 2 4 of 255 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Legislative Operating Committee February 5, 2020 Citations Law Submission Date: 5/15/19 LOC Sponsor: Jennifer Webster Public Meeting: 11/22/19 Emergency Enacted: n/a Summary: This item came to the LOC as a result of the development of the amendments to the Domestic Animals law. The development of a Citations law will ensure that the Nation provides a consistent process for handling citations of the Nation in order to ensure equal and fair treatment to all persons who come before the Judiciary to have their citations resolved. 5/15/19 LOC: Motion by Jennifer Webster to add the Citations Law to the active files list with Jennifer Webster as the sponsor; seconded by Kirby Metoxen. Abstained by Ernest Stevens III and Daniel Guzman King. Motion carried. 5/21/19: Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Jennifer Falck, Eric Boulanger, Chad Wilson, Kelly McAndrews, Wes Martin, Tsyoslake House. The purpose of this work meeting was to review and discuss the initial draft of the Citations law with the departments and entities that are currently involved in the handling of citations. The Oneida Law Office, Legal Resource Center, and Oneida Police Department provided suggestions and recommendations to the LRO staff. LRO will update the draft. 5/23/19: Work Meeting. Present: David P. Jordan, Jennifer Webster, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Kristen Hooker. The purpose of this work meeting was to discuss and plan for how the LOC will collaborate with the Judiciary on the development of this Law. 6/13/19: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman King, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Destiny Prendiville, Laura Laitinen-Warren. The purpose of this work meeting was to review the draft of the Law, and for the LOC to provide input. The LOC provided the LRO with revisions to be made to the law, and areas that should be researched. LOC also determined that the law should not move forward until the Judiciary has been consulted. 8/6/19: Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Eric Boulanger, Lisa Skenandore, Patricia Degrand, Kristina Denny, Kelly McAndrews. The purpose of this work meeting was to review the proposed draft of the Law to ensure that the processes and timelines included are realistic and can be implemented successfully. 8/29/19: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens III, Daniel Guzman King, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to review and discuss the proposed revisions to the draft of the Citations law based on the comments collected from the Oneida Police Department, Oneida Law Office, and Judiciary. Page 1 of 2 5 of 255 10/2/19 LOC: Motion by Daniel Guzman King to accept the draft Citations law and Legislative Analysis and defer to a work meeting for further consideration; seconded by Kirby Metoxen. Motion carried unanimously. 10/2/19: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III, Daniel Guzman King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Jameson Wilson. The purpose of this work meeting was to review the legislative analysis and make decisions regarding the policy considerations contained in the law. 10/16/19 LOC: Motion by Jennifer Webster approve the public meeting packet, with the updated draft and analysis, and forward the Citation Law to a public meeting to be held on November 22, 2019; seconded by Daniel Guzman King. Motion carried unanimously. 11/22/19: Public Meeting Held. Present: Jennifer Webster, Daniel Guzman King, Kirby Metoxen, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Lee Cornelius, Rae Skenandore, Mollie Passon. There were no oral comments made during this public meeting. 12/3/19: Public Comment Period Closed. There was one (1) submission of written comments received during the public comment period. 12/18/19 LOC: Motion by Jennifer Webster to accept the public comments and the public comment review memorandum and defer to a work meeting for further consideration; seconded by Ernest Stevens III. Motion carried unanimously. 12/18/19: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens III, Daniel Guzman King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to review and consider the public comments that were received. LRO will update the draft based on the LOC’s considerations. 1/15/20 LOC: Motion by Kirby Metoxen to accept the updated public comment review memorandum, draft, and legislative analysis; seconded by Daniel Guzman King. Motion carried unanimously. Motion by Ernest Stevens to approve the Citations law fiscal impact statement request memorandum and forward to the Finance Department requesting a fiscal impact statement be prepared and submitted to the Legislative Operating Committee by January 29, 2020; seconded by Kirby Metoxen. Motion carried unanimously. Next Steps:  Approve the Citations law adoption packet and forward to the Oneida Business Committee for consideration. Page 2 of 2 6 of 255 Oneida Nation GODODO PO Box 365 • Oneida, WI 54155-0365 ONEIDA On eida- nsn.gov TO: FROM: DATE: RE: " Oneida Business Committee Legislative Operating Committee Oneida Business Committee David P. Jordan, LOC Chai1man February 12, 2020 Citations Law Please find the following attached backup documentation for your consideration of the proposed Citations law: 1. Resolution: Citations Law 2. 3. 4. 5. Statement of Effect: Citations Law Citations Law Legislative Analysis Citations Law Citations Law Fiscal Impact Statement Overview On May 15, 2019, the Legislative Operating Committee decided to pursue the development of a Citations law. The purpose of the Citations law is to provide a process that governs all citations that fall under the jurisdiction of the Oneida Nation. [8 0. C. 807. 1-1}. This resolution adopts the Citations law which will: • Provide how a citation action commences and who has the authority to issue a citation [8 o.c. 807.4-1, 807.4-2]; • Describe what information is required to be included on a citation [8 O.C. 807.4-3]; • Set requirements for how a citation shall be served on an individual and subsequently filed with the court [8 O.C. 807.4-4, 807.4-5]; • Provide a process for an individual to enter into a stipulation agreement with an authorized attorney of the Nation to settle a citation [8 0. C. 807. 5J; • Provide a process for how an individual can contest his or her citation in comi [8 0. C. 807.6-1, 807. 6-2] ; • Set f01ih the various timelines and procedures for citation hearings [8 O.C. 807.6-2}; and • Clarify that this Law shall not apply to any law of the Nation which delegates hearing authority to a hearing body other than the Oneida Judiciary. [8 0. C. 807. 7). The Legislative Operating Committee developed the proposed amendments to the Citations law through collaboration with representatives from the Oneida Law Office, Oneida Police Depaiiment, Judiciary, and Legal Resource Center. The Legislative Operating Committee also reviewed various laws of the Nation, as well as laws from other tribes. In accordance with the Legislative Procedures Act, a public meeting on the Citations law was held on November 22, 2019. No oral comments were provided during the public meeting. The public Page 1 of 2 A good mind. A good hea rt. A strong fire. 7 of 255 comment period was then held open until December 3, 2019. The Legislative Operating Committee received one (1) submission of written comments during the public comment period. All public comments received were accepted, reviewed, and considered by the Legislative Operating Committee on December 18, 2019. Any changes made based on those comments have been incorporated into this draft. Requested Action Approve the Resolution: Citations Law Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA 8 of 255 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Oneida, WI 54155 BC Resolution # _____________ Citations 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 Citations law (“the Law”) is to provide a process that governs all citations that fall under the jurisdiction of the Oneida Nation; and WHEREAS, the Law provides how a citation action commences and who has the authority to issue a citation; and WHEREAS, the Law describes what information is required to be included on a citation; and WHEREAS, the Law sets forth requirements for how a citation shall be served on an individual and subsequently filed with the court; and WHEREAS, the Law provides a process for an individual to enter into a stipulation agreement with an authorized attorney of the Nation to settle a citation; and WHEREAS, the Law provides a process for how an individual can contest his or her citation in court; and WHEREAS, the Law sets forth the various timelines and procedures for citation hearings; and WHEREAS, the Law clarifies that this Law shall not apply to any law of the Nation which delegates hearing authority to a hearing body other than the Oneida Judiciary; and WHEREAS, in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact statement were developed for this Law; and WHEREAS, a public meeting on the Law was held on November 22, 2019, in accordance with the Legislative Procedures Act, and the public comment period was held open until December 3, 2019; and WHEREAS, the Legislative Operating Committee accepted, reviewed, and considered the public comments received on December 18, 2019; and 9 of 255 BC Resolution # _______ Citations Law Page 2 of 2 43 44 45 NOW THEREFORE BE IT RESOLVED, that the Citations law is hereby adopted and shall become effective on February 26, 2020. 10 of 255 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ ONEIDA Statement of Effect Citations Law Summary This resolution adopts the Citations law which will provide a process that governs all citations that fall under the jurisdiction of the Oneida Nation. Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office Date: February 5, 2020 Analysis by the Legislative Reference Office This resolution adopts the proposed Citations law. The proposed Citations law will provide a process that governs all citations that fall under the jurisdiction of the Oneida Nation. [8 O.C. 807.1-1]. It is the policy of the Nation to ensure that the consistent process for handling citations provides equal and fair treatment to all persons who come before the Judiciary to have their citations resolved. [8 O.C. 807.1-2]. Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”), which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Citations law complied 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]. A public meeting on the proposed Citations law was held on November 22, 2019. No oral comments were provided during the public meeting. The public comment period was then held open until December 3, 2019. The Legislative Operating Committee received one (1) submission of written comments during the public comment period. All public comments received were accepted, reviewed, and considered by the Legislative Operating Committee on December 18, 2019. Any changes made based on those comments have been incorporated into this draft. The Citations 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]. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 1 of 1 A good mind. A good heart. A strong fire. 11 of 255 Analysis to Draft 4 2020 02 05 Kayanl^sla Ol$=wa> Laws of issues/matters CITATIONS LAW LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY REQUESTER: LOC Intent of the Proposed Law Purpose Affected Entities Related Legislation Public Meeting Fiscal Impact 1 2 3 4 5 6 7 8 9 10 SPONSOR: DRAFTER: ANALYST: Jennifer Webster Clorissa N. Santiago Brandon Wisneski To establish a consistent process for citations issued for violations of laws of the Nation, including:  What must appear on a citation form;  How a citation must be served;  A process for entering into stipulation agreements to settle citations;  A process for contesting citations in court; and  Timelines and procedures for citation hearings. To provide a process that governs all citations that fall under the jurisdiction of the Oneida Nation [8 O.C. 807.1-1]. Any person issued a citation under the laws of the Nation; Agencies responsible for enforcement and issuing citations under the laws of the Nation (Oneida Police Department, Conservation Wardens, Oneida Environmental Health Safety and Land Division, Licensing Department), the Nation’s Judiciary, Oneida Law Office, GTC Legal Resource Center, Utilities Department, and Oneida Land Commission. Domestic Animals law; Hunting, Fishing and Trapping law; All-Terrain Vehicle law; Public Use of Tribal Land law; Recycling and Solid Waste Disposal law; Tribal Environmental Response law; Well Abandonment law; Onsite Waste Disposal Ordinance; Water Resources law; Emergency Management and Homeland Security law; Tobacco law; Oneida Food Service Code; Tattoo and Body Piercing law; Notary Act; Non Metallic Mine Reclamation law; Zoning and Shoreland Protection law; Marriage law, Sanitation Ordinance, Rules of Civil Procedure; Rules of Appellate Procedure, Judiciary Law Rule No. 1 – Oneida Trial Court Rules. A public meeting was held on November 22, 2019. A fiscal impact statement was submitted by the Finance Dept. on January 29, 2020. SECTION 2. LEGISLATIVE DEVELOPMENT A. The Oneida Nation exercises its sovereignty through the enactment and enforcement of its own laws. These laws cover a variety of topics, including health and public safety, environmental and natural resources, and property and land. When a person violates a law of the Nation, several laws authorize the Nation to enforce by issuing citations, fines and penalties. However, the Nation’s laws do not include a uniform process for what happens after a citation is issued, particularly once it reaches the Judiciary. This has led to implementation issues for individuals and entities involved in the citation process. In some instances, it has resulted in the dismissal of cases in the Judiciary on technical grounds. B. During the development of amendments to Domestic Animals law in 2019, the LOC worked collaboratively with several of the Nation’s agencies. During this process, the agencies discussed the Page 1 of 15 12 of 255 Analysis to Draft 4 2020 02 05 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 need to develop a more detailed procedure for the issuance and processing of citations. Rather than add a detailed process only to the Domestic Animals law, the LOC decided to begin drafting a new Citations law to apply to violations of any law of the Nation that authorizes citations. C. The LOC added the proposed Citations law to the Active Files List on May 15, 2019. Since that time, a work group of representatives from Oneida Police Department, Environmental Resource Board, Oneida Law Office and Oneida Legal Resource Center met to work on the proposed law. D. This proposed law applies only to citations issued by the Nation for violations of the Nation’s laws. Officers of the Oneida Police Department are cross-deputized by the Brown County Sheriff’s Department and also have the authority to issue citations for violation of state laws that may be heard in Wisconsin Circuit Courts (for example, violations for operating while intoxicated). SECTION 3. CONSULTATION AND OUTREACH A. Representatives from the following departments or entities participated in the development of this law and legislative analysis: Oneida Police Department, Oneida Law Office, Oneida Judiciary, Oneida Legal Resource Center, and Oneida Environmental Resource Board. B. The following laws were reviewed in the drafting of this analysis: Domestic Animals law; Hunting, Fishing and Trapping law; All-Terrain Vehicle law; Public Use of Tribal Land law; Recycling and Solid Waste Disposal law; Tribal Environmental Response law; Well Abandonment law; Onsite Waste Disposal Ordinance; Water Resources law; Emergency Management and Homeland Security law; Tobacco law; Oneida Food Service Code; Tattoo and Body Piercing law; Notary Act; Non Metallic Mine Reclamation law; Zoning and Shoreland Protection law; Motor Vehicle Registration law; Marriage law; Sanitation Ordinance; Clean Air Policy; Alcohol Beverage Licensing law; Oneida Woodcutting Ordinance; Building Code law; Rules of Civil Procedure; Rules of Appellate Procedure, and Judiciary Law Rule No 1 – Oneida Trial Court Rules. SECTION 4. PROCESS A. The amendments to this law have followed the process set forth in the Legislative Procedures Act (LPA). B. The law was added to the Active Files List on May 15, 2019. C. A public meeting was held on November 22, 2019. The public comment period was held open until December 3, 2019. C. The following work meetings were held regarding the development of this law and legislative analysis:  May 21, 2019: Work meeting with Oneida Police Department, Oneida Law Office, Environmental Resource Board and Legal Resource Center.  May 23, 2019: Work meeting with LOC.  June 13, 2019: Work meeting with LOC.  August 6, 2019: Work meeting with Oneida Police Department, Oneida Law Office and Oneida Judiciary clerks.  August 29, 2019: Work meeting with LOC.  October 2, 2019: Work meeting with LOC.  December 18, 2019: Work meeting with LOC. SECTION 5. CONTENTS OF THE LEGISLATION A. Commencement of a Citation Action.  What is a Citation? A citation is a “legal document that services as a notice or summons to appear in a court of the Nation in response to a charge against an individual of a violation of law” [8 O.C. 807.3-1(b)]. The issuance of a citation begins a civil action in the Judiciary for violating a law of the Nation for the purpose of collecting a fine or penalty imposed by the law [8 O.C. 807.4-1].  Who Can Issue a Citation? An “officer” may issue a citation to any person he or she has reasonable grounds to believe has committed a violation of a law of the Nation. For the purposes of this law, Page 2 of 15 13 of 255 Analysis to Draft 4 2020 02 05 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 an “officer” is defined as “any individual authorized by a law of the Nation to issue a citation for a violation of said law” [8 O.C. 807.3-1(g)]. For most laws of the Nation, the individual authorized to issue a citation is an officer of the Oneida Police Department or a Conservation Warden.  Who can Receive a Citation? A “person” who receives a citation may be an individual or a legal entity, such as a corporation, LLC or sole proprietorship [8 O.C. 807.3-1(i)]. B. Form of Citation. This law creates a standard list of information that must be included on a citation form when it is issued. These requirements match the information included on the current citation form used by the Nation [8 O.C. 807.4-3].  Identifying Information: o Name of the officer who issued citation; o Name, address, and date of birth of the defendant. Enrollment number and/or license number of the defendant, if applicable.  Information About the Alleged Violation: o The violation alleged, the law violated, the time and place of the violation, and a description of the violation.  Court Hearing & Fine Information: o A notice of when and where to appear at a citation pre-hearing and whether the pre-hearing is mandatory; o Provisions for payment of citation and stipulation in lieu of an appearance in Court, if applicable. In other words, the option for individuals to pay their fine without having to make a court appearance; o Notice that if the defendant does not pay the citation or stipulate an agreement prior to the pre-hearing and fails to appear in Court at the time listed on the citation, the Court may issue a default judgment which may include any fine amount due, restitution and/or suspension of any rights, privileges, or licensures, or any other penalty authorized by law; o Notice that failure to satisfy a fine, restitution, or any other party of the judgment may result in per capita attachment, wage garnishment, revocation, suspension of any rights, privileges, licensures, and/or any other action authorized by law and/or other collection processes available to the court. Current Oneida Nation Citation Form – Front Page 3 of 15 14 of 255 Analysis to Draft 4 2020 02 05 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 Current Oneida Nation Citation Form – Back C. Service of a Citation. When an officer issues a citation, the citation must be “served” on the individual alleged to have violated the law [8 O.C. 807.4-4].  Personal Service. An officer must first attempt to personally serve the citation on the defendant (i.e. hand the citation to the defendant) or leave a copy of the citation at the defendant’s home in the presence of a competent family member at least fourteen (14) years of age or an adult who resides in the home of the defendant. o Why age 14? In the state of Wisconsin, a service of summons may be left in the presence of a competent family member at least fourteen (14) years of age if, with reasonable due diligence, the defendant cannot be personally served [Wis. Stats 801.11]. This provision is modeled after WI statutes.  Mail Service. If personal service is not possible and the defendant’s address can be determined, then mail service may be used. For service by mail, a copy of the citation may be delivered to the defendant’s last known address by certified mail with return receipt. The certified mail return receipt will be signed by the defendant or competent family member at least fourteen (14) years of age or an adult who resides in the home of the defendant. The certified mail return receipt will be filed with the Court as proof of service.  Service by Publication. As a last resort, after a showing of due diligence that personal and mail service are not possible, then service may be completed by publication in the Nation’s newspaper (the Kalihwisaks). The notice must be published at least two (2) times within a 30-day period. The notices must be published at least ten (10) days before the citation pre-hearing.  Filing a Citation. The department of the officer who issued the citation must file the citation with the Court along with proof of service, if applicable, at least thirty (30) days prior to the date of the pre-hearing. Citations may be filed in person or electronically transmitted [8 O.C. 807.4-5]. o Amendments to Citations. A citation may be amended by an officer or the authorized attorney prior to the citation pre-hearing. A copy of the amended citation must be provided to the defendant at least five (5) days prior to the citation pre-hearing. Page 4 of 15 15 of 255 Analysis to Draft 4 2020 02 05 119 120 Chart 1. Service of a Citation. A person violates a law of the Nation PERSONAL SERVICE Personal service not possible and defendant’s address can be determined Officer authorized by law to issue a citation for the violation Citation personally served on defendant or left at the defendant’s home in presence of competent family member MAIL SERVICE Mail service not possible 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 Officer writes the citation Copy of citation delivered to defendant’s last known address by certified mail with return receipt SERVICE BY PUBLICATION Return receipt filed with court as proof of service May only be used as last resort Notice published in Nation’s newspaper (at least twice within a 30‐day period and at least 10 days before the pre‐hearing date) D. Stipulations. An authorized attorney of the Nation is granted the discretion to seek the settlement of the citation. This means that the Nation and the defendant can agree to a lower fine amount or other condition to settle the case [8 O.C. 807.5].  Who is an Authorized Attorney of the Nation? An attorney of the Nation who represents the department or entity of the officer who issued the citation, such as the attorney for the Oneida Police Department [8 O.C. 807.3-1]. Attorneys of the Nation work in the Oneida Law Office.  Form of Stipulation. The stipulation, or agreement, between the Nation’s attorney and defendant must be in writing, signed by both parties, and include the following information: o A summary of the violation that resulted in the citation, o The details of the stipulation including any fine, penalty, condition or payment plan the defendant must comply with, o A statement that the defendant admits that he or she committed the act or is entering a plea of no contest and waives his or her right to contest the citation in Court; and o A statement that all parties signed the agreement free of duress and coercion.  Current Practice. It is the Nation’s current practice to offer stipulations to defendants for violations of the Nation’s Domestic Animals law. Stipulations typically involve the Nation lowering a fine amount. Currently, this practice is not outlined in detail in any law of the Nation. o Comparison to State of WI. For cases in Wisconsin circuit court, stipulations are typically handled by the prosecutor’s office. Oneida Nation does not have a prosecutor or exercise criminal jurisdiction, so in this instance, the Nation is represented by an attorney of the Law office who assumes these responsibilities for violations the Nation’s civil laws.  Effect. Although offering stipulations is the current practice of the Nation, placing the process in the law will formally establish this authority for the authorized attorneys of the Nation. E. Citation Pre-Hearing. All citations will include a pre-hearing date with the Court which will be set at least thirty (30) days after the citation was issued, unless stated otherwise by a law of the Nation [8 Page 5 of 15 16 of 255 Analysis to Draft 4 2020 02 05 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 O.C. 807.6-1]. The Judiciary’s current practice is to hold citation pre-hearings on the third Thursday of each month.  Mandatory Appearance. Appearance at a pre-hearing is only mandatory when a law, policy, rule or resolution of a Nation requires a mandatory appearance for that specific violation of the law. Most violations of the Nation’s laws do not require a mandatory appearance. o Example: The Domestic Animals law fine, penalty and licensing fee schedule requires a mandatory court appearance for mistreatment of animals [BC Resolution 05-08-19-D].  Paying Fine or Penalty. If an appearance is not mandatory and the individual does not want to contest (or challenge) the citation, the individual may pay the fine or penalty listed on the citation before the pre-hearing date and the citation will be considered satisfied.  Contesting a Citation. If an individual wants to contest their citation, that person can appear at the pre-hearing to contest the citation. If an appearance at the pre-hearing isn’t mandatory, that individual can also send a written notice to the Court with a copy to the Law Office notifying the court that they wish to contest the citation.  Default Judgment. If the defendant does not pay their fine or enter into a stipulation before their pre-hearing date and fails to appear at their pre-hearing or provide notice to the court, then the court may enter a default judgment against the defendant. In other words, if a defendant “ignores” their citation, the court can automatically find them guilty of the violation. o Consequences. A default judgment can include the fine amount due, restitution, suspension of rights, privileges and licenses, or any other penalty authorized by laws of the Nation. F. Citation Hearing. If a defendant contests that they committed the violation that resulted in the citation, then the Court will schedule a hearing within ninety (90) days of the pre-hearing date. In other words, if the defendant argues that they did not commit the violation or that the citation was issued inappropriately, the defendant has an opportunity to challenge their citation at a court hearing [8 O.C. 807.6-2].  Burden of Proof. The burden of proof at a citation hearing is “clear and convincing evidence.” This means that the Nation must provide evidence “indicating that the [allegation] to be proved is highly probably or reasonably certain” [see Black’s Law Dictionary]. o Current Standard of Proof. The Nation’s Rules of Civil Procedure state that the standard of proof for all matters to be decided by the Court shall be proven by a “preponderance of the evidence” standard, unless specified otherwise [8 O.C. 803.4-8]. “Preponderance of the evidence” is the burden of proof in most civil trials and means that there is sufficient evidence that there is a greater than 50% chance that the claim is true. o Effect. This law sets a higher burden of proof than the Judiciary is currently using for citation hearings under the laws of the Nation. This means that the Nation and its agencies (represented by its authorized attorney) will have to meet this higher burden of proof when a citation is challenged by a defendant. This will only apply to citation hearings. All other hearings of the court will utilize the “clear and convincing evidence” standard unless otherwise noted in another law of the Nation.  Appeals. Anyone who wishes to appeal a judgment of the court may appeal to the Nation’s Court of Appeals in accordance with the Rules of Appellate Procedure [8 O.C. 807.6-3]. o The Rules of Appellate Procedure state that a notice of appeal must be filed within thirty (30) days after the Trial Court’s order is rendered [8 O.C. 805.5]. G. Exclusion. This law will not apply to any law of the Nation that delegates hearing authority to a hearing body other than the Judiciary [8 O.C. 807.7]. The Oneida Land Commission retains hearing authority for citations issued under two of the Nation’s laws. Therefore, the proposed Citations law will not apply to citations issued under the following two laws:  Zoning and Shoreland Protection law [6 O.C. 605].  Non-Metallic Mining Reclamation law [4 O.C. 402]. Page 6 of 15 17 of 255 Analysis to Draft 4 2020 02 05 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 SECTION 6. EXISTING LEGISLATION A. Which Laws of the Nation will the New Citations Process Apply to? Many laws of the Nation authorize citations, fines or forfeitures for violations. The intent of the proposed Citations law is to establish a uniform process that can apply to all of these laws without conflict. Some of these laws were updated after the creation of the Nation’s Judiciary and conform cleanly with the process in this proposed Citations Law. However, other laws are decades-old and conform less clearly due to changes in drafting style and the Nation’s organizational structure over the years. The following charts provide a summary of the Nation’s laws that authorize citations, fines, forfeitures or penalties and whether the proposed Citations law will apply.  Laws that Authorize Citations & Include Judiciary Appeals Process with Timelines. The following laws of the Nation specifically authorize the issuance of citations and include a process for contesting citations in the Judiciary Trial Court with required timelines for citations hearings. The proposed Citations law conforms with these timeframes and adds additional process and requirements. o Conclusion: The proposed Citations will apply to any citations issued under the following laws of the Nation: Chart 2. Oneida Laws that Authorize Citations & Include Judiciary Appeals Process. Chapter Law Authority to Enforce Example Violation 304 Domestic Animals Oneida Police Dangerous animal; Department and Oneida prohibited animal; animal Conservation running at large. 406 Hunting, Fishing Oneida Police Failure possess license; and Trapping Department and Oneida Failure to tag, Conservation Unlawfully hunting/shooting from a vehicle. 410 All Terrain Vehicle Oneida Police Operating all-terrain Department and Oneida vehicle in a careless Conservation manner, on private property without consent, on tribal lands without consent Trespassing. 609 Public Use of Oneida Police Tribal Land Department and Oneida Conservation  Laws that Authorize Citations & Refer to Citations law for Judiciary Appeals Process. The following laws of the Nation specifically authorize the issuance of citations and state that citations will be processed in accordance with the procedure contained “in the Nation’s laws and policies governing citations.” This refers to the proposed Citations law and Judiciary Law Rule No. 1 – Oneida Trial Court Rules. o Conclusion: The proposed Citations will to apply to any citations issued under the following law of the Nation: Chart 3. Oneida Laws that Authorize Citations & Reference Citations law. Chapter Law Authority to Enforce Example Violation 308 Curfew Oneida Police Minor violating curfew. Department 225 Page 7 of 15 18 of 255 Analysis to Draft 4 2020 02 05 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256  Laws that Authorize “Fines, Penalties and Forfeitures” and Include Judiciary Appeals Process with Timelines. The following laws of the Nation authorize “fines, penalties or forfeitures” and include a process for contesting citations in the Judiciary Trial Court with required timelines for citation hearings. The proposed Citations law conforms with these timeframes and adds additional process and requirements. o Conclusion: The proposed Citations law appears to apply to any citations issued under the following laws of the Nation: Chart 4. Laws that Authorize Fines and Include Judiciary Appeals Process w/Timelines. Chapter Law Authority to Enforce Example Violation 401 Tribal Environmental Health, Violating a compliance Environmental Safety and Land Division order issued by Division Response Law for discharging hazardous substance. 404 Well Abandonment Environmental Health, Failure to comply within Law Safety and Land Division ten (10) days of written notice of violation. 407 Onsite Waste Environmental Health, Failure to correct on-site Disposal Ordinance Safety and Land Division waste disposal system, (“Environmental constituting threat to Specialist”) public health. 409 Water Resources Oneida Conservation Failure to report discharging substance to waters of reservation.  Laws that Authorize Citations and Do Not Include Judiciary Appeals Process. The following laws of the Nation specifically authorize citations but do not specify a process or timeframe for how citations may be contested in the Judiciary. The process and timeframes included in the Citations law will now apply to any citations issued under these laws. o Conclusion: The proposed Citations law will apply to any citations issued under the following law of the Nation: Chart 5. Oneida Laws that Authorize Citations and Do Not Include Judiciary Appeals Process. Chapter Law Authority to Enforce Example Violation Improperly dumping 405 Recycling and Solid Oneida Police solid waste within Waste Disposal* Department and Oneida reservation boundaries Conservation *The Recycling and Solid Waste Disposal Law is currently on the LOC’s Active Files List for amendments.  Laws that Authorize “Fines, Penalties and Forfeitures” and Include Judiciary Appeals Process without Timelines. The following laws of the Nation authorize “fines, penalties or forfeitures” and state that appeals may be filed with the Judiciary, but do not specify a process or timeframe for how those appeals will be handled. It appears that the process and timeframes included in the Citations law will likely apply to any citations issued under these laws. o Conclusion: The proposed Citations law appears to apply to any citations issued under the following laws of the Nation: Page 8 of 15 19 of 255 Analysis to Draft 4 2020 02 05 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 Chart 6. Oneida Laws that Authorize Fines and Include Judiciary Appeals Process w/o Timelines Chapter Law Authority to Enforce Example Violation 115 Tobacco Oneida Police Selling tobacco products Department in violation of the law. 302 Emergency Oneida Police Willfully obstruct, hinder Management and Department or delay the Homeland Security implementation of emergency response. 305 Oneida Food Environmental Health, Selling food or food Service Code* Safety and Land Division products on tribal and Licensing. property without a license. Performing tattooing or 306 Tattoo and Body Environmental Health, Piercing Safety and Land Division body piercing without a license. and Licensing. 701 Marriage Licensing Department False statement to obtain a marriage license. *The Oneida Food Service Code is currently on the LOC’s Active Files List for amendments.  Laws that Authorize “Fines, Penalties and Forfeitures” and Do Not Include Judiciary Appeals Process. The following laws of the Nation authorize “fines, penalties and forfeitures” but do not specify a process or timeframe for how citations may be contested in the Judiciary. It appears that the process and timeframes included in the Citations law will likely apply to any citations issued under these laws. o Conclusion: The proposed Citations law appears to apply to any citations issued under the following laws of the Nation: Chart 7. Oneida Laws that Authorize Fines and Do Not Include Judiciary Appeals Process. Chapter Law Authority to Enforce Example Violation Impersonating a notary 114 Notary Act “Official designated by public. Oneida Business Committee.” 408 Sanitation Utilities Department. Continuing Violations. Ordinance  Laws that Authorize Citations but include Land Commission Appeals Process. The following laws of the Nation authorize citations, but direct that any appeals be filed with the Land Commission rather than the Nation’s Judiciary. Therefore, the following laws are excluded from the proposed Citations law [8 O.C. 807.7-1]. o Conclusion: The proposed Citations law will not apply to citations issued under the following laws of the nation. Chart 8. Oneida Laws that Authorize Citations and Conflict with Proposed Citations Law Chapter Law Authority to Enforce Example Violation 402 Non-Metallic Mine Environmental Health, Violating an order Reclamation Safety and Land Division requiring an operator to or designee. comply with the law. 605 Zoning and Zoning Administrator. Public Nuisance. Failure Shoreland to obtain land use permit Protection or conditional use permit. Page 9 of 15 20 of 255 Analysis to Draft 4 2020 02 05 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320  Laws that include Penalties but Do Not Fall Under Proposed Citations law. The following laws of the Nation authorize various alternative penalties for violations of the law, but do not include a citation process or Judiciary appeals process. It can be reasonably concluded that the following laws would not fall under the jurisdiction of the proposed Citations law as currently drafted. o Conclusion: The proposed Citations law does not appear to apply to penalties issued under the following laws. Chart 9. Oneida Nation Laws with Other Penalties Where Citations Law Does Not Apply. Chapter Law 403 Oneida Woodcutting Ordinance 411 Clean Air Policy 505 Motor Vehicle Registration 507 Alcohol Beverage Licensing Law 602 Leasing Law 603 Building Code B. Detailed Review of Laws of the Nation that Authorize Citations with Land Commission Appeals Process. The following laws of the Nation authorize citations but direct that appeals be heard by the Land Commission rather than the Judiciary:  Zoning and Shoreland Protection law [6 O.C. 605] o Purpose. The purpose of the Zoning and Shoreland Protection law includes establish a zoning plan for tribal lands, regulate the use of lands and buildings and provide for the administration and enforcement of this law, among other purposes [3 O.C. 304.1-1]. o Enforcement. Any person who violates any provision of this law, or who shall take any action on or with respect to any land or structure which is not in compliance with this law, shall be guilty of a civil infraction and shall be issued a fine in accordance with the schedule adopted by the Oneida Business Committee upon recommendation of the Land Commission. o Appeals. Any person issued a fine under this law may contest the fine by attending a hearing before the Land Commission. The fine shall specify the date, time and place of the hearing. The hearing shall take place at least five (5) days after the fine is issued. After the hearing, the Land Commission shall determine whether the person is responsible for the fine, as was issued by the Zoning Administrator and may set a new date for when the fine shall be paid. o Conclusion. The proposed Citations law states that citation hearings shall be heard in the Oneida Judiciary, while the Zoning and Shoreland Protection law states that fines issued under that law must be contested at a hearing of the Oneida Land Commission. Therefore, this law is excluded from the proposed Citations law [8 O.C. 807.7-1]. The proposed Citations law will not apply to citations issued under the Zoning and Shoreland Protection law.  Non Metallic Mine Reclamation law [4 O.C. 406] o Purpose. The purpose of the Non-Metallic Mine Reclamation law is to ensure the effective reclamation of nonmetallic mining sites on which nonmetallic mining takes place within the boundaries o the reservation [4 O.C. 402.1-1]. o Enforcement. The Oneida Zoning Department or designee may issue a citation to collect fines to enforce this law, a permit issued pursuant to this law or a reclamation plan approved under this law. o Appeals. A person who is subject to a citation issued pursuant to this section shall have sixty (60) days to either appeal the citation to the Land Commission or review or pay the fine. Page 10 of 15 21 of 255 Analysis to Draft 4 2020 02 05 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 Conclusion. The proposed Citations law states that citations hearings shall be heard in the Oneida Judiciary, while the Non-Metallic Mine Reclamation Law states that appeals shall be heard by the Land Commission. Therefore, this law is excluded from the proposed Citations law [8 O.C. 807.7-1]. The proposed Citations law will not apply to citations issued under the Non-Metallic Mine Reclamation law. C. Detailed Review of Laws of the Nation that Authorize Citations. The following laws of the Nation authorize citations, fines or forfeitures and do not conflict with the proposed Citations law. The provisions of the proposed Citations law will likely apply to citations issued under any of the following laws:  Domestic Animals law [3 O.C. 304] o Purpose. The purpose of the Domestic Animals law is to protect the health, safety, and welfare of the community set minimum standards for treatment of animals; prohibit certain species of animals from being brought on the reservation; regulate the keeping of livestock on lots zoned residential, and establish consequences for damages caused by domestic animals [3 O.C. 304.1-1]. o Enforcement. The Oneida Police Department and Oneida Conservation Wardens have the authority to issue citations according to the fine and penalty scheduled developed in accordance with the Domestic Animals law. o Conclusion. The proposed Citations law does not conflict with the enforcement provisions in the Domestic Animals law. The new requirements of the proposed Citations law will now apply to any citations issued under the Domestic Animals law.  Curfew law [3 O.C. 308] o Purpose. 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 [3 O.C. 308.1-1]. o Enforcement. The Oneida Police Department has the authority to enforce this law and issue citations to the minor or minor’s parent for curfew violations in accordance with the law [3 O.C. 308.6]. o Conclusion. The proposed Citations law does not conflict with the enforcement provisions in the Curfew law. The new requirements of the proposed Citations law will now apply to any citations issued under the Curfew law.  Hunting, Fishing and Trapping law [4 O.C. 406] o Purpose. The purpose of the Hunting, Fishing and Trapping law is to protect and conserve wildlife on the reservation and to promote respect among sportsmen and the environment [4 O.C. 406.1-1]. o Enforcement. The Oneida Police Department and Oneida Conservation Wardens may issue citations to any person found in violation of the law or corresponding rules. [4 O.C. 406.54 and 406.10]. o Conclusion. The proposed Citations law does not conflict with the enforcement provisions in the Hunting, Fishing and Trapping law. The new requirements of the proposed Citations law will now apply to any citations issued under the Hunting, Fishing and Trapping law.  All-Terrain Vehicle law [4 O.C. 410] o Purpose. The purpose of the All-Terrain Vehicle law is to govern the safe use of all-terrain vehicles within the jurisdiction of the Oneida Reservation to allow enforcement for protection of the community members and environment [4 O.C. 410.1-1]. o Enforcement. The Oneida Police Department and Oneida Conservation Wardens are authorized to enforce and take any appropriate action to prevent or remove a violation of this law. Citations for violations of this law and/or orders issued pursuant to this law o Page 11 of 15 22 of 255 Analysis to Draft 4 2020 02 05 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419     include sanctions, fines and penalties in accordance with the fine schedule developed in accordance with the law [4 O.C. 410.6 and 410.7]. o Conclusion. The proposed Citations law does not conflict with the enforcement provisions in the All-Terrain Vehicle law. The new requirements of the proposed Citations law will now apply to any citations issued under the All-Terrain Vehicle law. Public Use of Tribal Land law [6 O.C. 609] o Purpose. The purpose of the Public Use of Tribal Land law is to prevent improper access, use and trespass to tribal lands [6 O.C. 609.1-1]. o Enforcement. The Oneida Police Department and Oneida Conservation Wardens are authorized to take any appropriate action to prevent or remove a violation of this law. Citations for violation of this law may include fines, penalties and other orders in accordance with the citation schedule applicable to this law [6 O.C. 609.7]. o Conclusion. The proposed Citations law does not conflict with the enforcement provisions in the Public Use of Tribal Land law. The new requirements of the proposed Citations law will now apply to any citations issued under the Public Use of Tribal Land law. Recycling and Solid Waste Disposal law [4 O.C. 405] o Purpose. The purpose of the Recycling and Solid Waste Disposal law is to promote the health, safety and welfare of residents and members of the Oneida Nation through the establishment of standards necessary to the sanitary and environmentally sound disposal of recyclable materials [4 O.C. 405.1-1]. o Enforcement. All Oneida Reservation Conservation Enforcement Officers and Police Officers shall be empowered to enforce the provisions of this law. Any person who violates a provision of this “ordinance” may be issued a citation by the Oneida Conservation Warden(s) [4 O.C. 405.12]. o Conclusion. The proposed Citations law does not conflict with the enforcement provisions in the Recycling and Solid Waste Disposal law. The new requirements of the proposed Citations law will now apply to any citations issued under the Recycling and Solid Waste Disposal law. Tribal Environmental Response law [4 O.C. 401] o Purpose. The purpose of the Tribal Environmental Response law is to regulate the identification, investigation and remediation of discharges of hazardous substances to the environment, identify sites where discharge has occurred, and eliminate contamination from and control the threat of discharge of hazardous substances [4 O.C. 401.1-1]. o Enforcement. Any person who does not comply with a compliance order issued by the Environmental Health, Safety and Land Division may receive a penalty in accordance with the fine schedule. Any order issued pursuant to this law that is not complied with may be physically enforced by the Division [4 O.C. 401.10]. o Conclusion. The proposed Citations law does not conflict with the enforcement provisions in the Tribal Environmental Response law. The new requirements of the proposed Citations law will now apply to citations issued under the Tribal Environmental Response law. Onsite Waste Disposal [4 O.C. 407] o Purpose. The purpose of the Onsite Waste Disposal law is to establish regulations to ensure that private onsite sewage treatment systems will fulfill Oneida Tribal goals for improving environmental health and safety [4 O.C. 407.1-2]. o Enforcement. The Environmental Specialist may issue an Administrative Enforcement Order when a violation of any provision of this law occurs… the Order shall be given to the party responsible for the violation and shall state the nature of the violation, possible penalties for failure to correct, and shall state the right to contested the matter with the Oneida Judiciary [4 O.C. 407.7-1]. Page 12 of 15 23 of 255 Analysis to Draft 4 2020 02 05 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 Conclusion. The proposed Citations law does not conflict with the enforcement provisions in the Onsite Waste Disposal law. The new requirements of the proposed Citations law will now apply to any citations issued under the Onsite Waste Disposal law. Water Resources [4 O.C. 409] o Purpose. The purpose of the Water Resources law is to grant necessary powers and to organize a comprehensive program under a single tribal department for the enhancement of the quality management and protection of all waters of the Reservation, ground and surface, public and private [4 O.C. 409.1-2]. o Enforcement. The Oneida Conservation Department shall enforce this law, and all rules and orders issued by the Department [4 O.C. 409.6-3]. o Conclusion. The proposed Citations law does not conflict with the enforcement provisions in the Water Resources law. The new requirements of the proposed Citations law will now apply to any citations issued under the Water Resources law. Emergency Management and Homeland Security law [3 O.C. 302] o Purpose. The purpose of the Emergency Management and Homeland Security law is to provide for the development and execution of plans for the protection of residents, property and the environment in an emergency or disaster [3 O.C. 302.1-1]. o Enforcement. Violators of this law may be subject to a fine of not more than two hundred dollars ($200) per violation to be issued by the Oneida Police Department [3 O.C. 302.9]. o Conclusion. The proposed Citations law does not conflict with the enforcement provisions in the Emergency Management and Homeland Security law. The new requirements of the proposed Citations law will now apply to any citations issued under the Emergency Management and Homeland Security law. Oneida Food Service Code [3 O.C. 305] o Purpose. The purpose of the Oneida Food Service Code is to protect and preserve the safety of Oneida Nation citizens and others within its jurisdiction in conjunction with the most current United States Public Health Service Food Code [3 O.C. 305.1-1]. o Enforcement. In addition to the suspension or closing down of a business that violates the law, a food service vendor who violates any provision of the code shall forfeit not less than five dollars ($5) nor more than five hundred dollars ($500) upon conviction. Environmental Health, Safety and Land Division, Licensing Department and Oneida Police Department have authority to enforce various provisions of this law. o Conclusion. The proposed Citations law does not conflict with the enforcement provisions in the current Oneida Food Service Code. The new requirements of the proposed Citations law will appear to apply to any citations issued under the Oneida Food Service Code. Tattoo and Body Piercing [3 O.C. 306] o Purpose. The purpose of the Tattoo and Body Piercing law is to regulate tattooists, tattoo establishments, body piercers and body piercing establishments under the jurisdiction of the Tribe in order to protect public health and safety [3 O.C. 306.1-1]. o Enforcement. Environmental Health and Safety Division and Licensing Department [3 O.C. 306.13]. o Conclusion. The proposed Citations law does not conflict with the enforcement provisions in the Tattoo and Body Piercing law. The new requirements of the proposed Citations law appear to apply to any citations issued under the Tattoo and Body Piercing law. Tobacco law [1 O.C. 115] o Purpose. The purpose of the Tobacco law is to regulate the sale, possession and distribution of cigarettes within the Reservation [1 O.C. 115]. o Enforcement. Violators subject to the jurisdiction of the Nation shall be subject to a fine of not more than ten dollars ($10) per pack of un-stamped cigarettes to be issued by the Oneida Police Department and paid to the Nation [1 O.C. 115.8-1]. o      Page 13 of 15 24 of 255 Analysis to Draft 4 2020 02 05 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 Conclusion. The proposed Citations law does not conflict with the enforcement provisions in the Tobacco law. The new requirements of the proposed Citations law will now apply to any citations issued under the Tobacco law.  Marriage law [7 O.C. 701] o Purpose. The purpose of the Marriage law is to exercise the sovereign right of the Oneida Nation to regulate the rights and responsibilities relating to marriages [7 O.C. 701.1-1]. o Enforcement. The Department shall promulgate rules that establish a fine schedule for persons who violate this law [7 O.C. 701.7-1]. o Conclusion. The proposed Citations law does not conflict with the enforcement provisions in the Marriage law. The new requirements of the proposed Citations law appear to apply to any citations issued under the Marriage law.  Notary Act [1 O.C. 114] o Purpose. The purpose of the Notary Act is to promote, serve and protect the public interest and to simplify, clarify and modernize the law governing notaries [1 O.C. 114.1-2]. o Enforcement. A notary who knowingly and repeatedly performs or fails to perform any act prohibited or mandated, respectively, by this Act shall forfeit not less than $50.00 nor more than $500.00… Any and all of the sections of this Act may be enforced by an official designated by the Oneida Business Committee for separate issues, or for all issues [1 O.C. 114.6-4 – 114.6-9]. o Conclusion. The proposed Citations law does not conflict with the enforcement provisions in the Notary Act law. The new requirements of the proposed Citations law appear to apply to any citations issued under the Notary Act.  Sanitation Ordinance [3 O.C. 306] o Purpose. The purpose of the Sanitation Ordinance is to assure that any water and sanitary utilities that are developed within the jurisdiction of the Oneida Tribe shall be operated and maintained in a manner that is fiscally responsible, responsive to customer needs, environmentally safe and governmentally functional [4 O.C. 408]. o Enforcement. Any person who shall continue any violation beyond the time limit provided for in sec. (b) may be assessed a fine of not more than $250.00 [4 O.C. 408.11]. o Conclusion. The proposed Citations law does not conflict with the enforcement provisions in Sanitations Ordinance. The new requirements of the proposed Citations law appear to apply to any citations issued under the Sanitation Ordinance law. D. References to Other Laws. The following laws of the Nation are referenced in the Citations law. The proposed Citations law does not conflict with any of the referenced laws.  Garnishment law. The defendant’s failure to satisfy a fine and/or restitution may result in per capita attachment, wage garnishment and/or other collection processes available to the Court [8 O.C. 807.6-2(d)].  Per Capita law. The defendant’s failure to satisfy a fine and/or restitution may result in per capita attachment, wage garnishment and/or other collection processes available to the Court [8 O.C. 807.6-2(d)].  Rules of Appellate Procedure. Any person wishing to contest the determination of the Court may appeal to the Nation’s Court of Appeals in accordance with the Rules of Appellate Procedure [8 O.C. 807.6-3]. E. Existing Judiciary Rules. The Oneida Business Committee recently adopted Judiciary law Rule #1 – Oneida Trial Court Rules. This new rule, developed by the Judiciary and adopted by the Oneida Business Committee on September 25, 2019, includes procedures for how citation hearings are held at the Judiciary [8 O.C. 801 Judiciary law Rule #1 – 1.17 Citation Hearings].  Conclusion. The proposed Citations law does not conflict with the citation hearing procedures in Judiciary Law Rule No. 1 – Oneida Trial Court Rules. o Page 14 of 15 25 of 255 Analysis to Draft 4 2020 02 05 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS A. Effect on Existing Rights. The proposed Citations law protects due process rights by:  Requiring that all citations be properly noticed, including a notice of the defendant’s rights and privileges, hearing dates and information;  Ensuring that defendants have the right to contest their citations in the Nation’s Judiciary;  Establish a formal process for stipulations that require defendants to acknowledge that they are waiving their rights to contest the citation in court and sign a statement that they enter into the agreement free of duress and coercion. SECTION 8. ENFORCEMENT AND ACCOUNTABILITY A. Enforcement. Each law of the Nation typically includes an “enforcement” section which gives authority to a specific agency or department to enforce the law. Most laws of the Nation are enforced by the Oneida Police Department or Conservation Wardens. For more information, see “Section 6: Existing Legislation.” SECTION 9. OTHER CONSIDERATIONS A. Current Citation Data. The following data is provided for information:  Oneida Police Department o Nineteen (19) Domestic Animals citations issued between September 2018 - August 2019. The most common citations were “mistreatment of animals” and “animal running at large.” o The department did not report issuing citations under any other laws of the Nation. Source: Email communication with OPD (9/9/19).  Oneida Conservation Wardens o Oneida Police Department reported that Conservation issued no citations between September 2018 - August 2019. o Conservation issued at least one Hunting, Fishing and Trapping citation in 2017. Source: Email communication with OPD (9/11/19).  Conclusion: Based on available data, the most common citations issued by the Nation involve the Domestic Animals law or the Hunting, Fishing and Trapping law. B. Laws in Progress that Include Citations. At the time this analysis was drafted, the LOC is actively working on drafting or amending the following laws which include citations:  The Oneida Food Service Code  Recycling and Solid Waste Disposal law. C. Fiscal Impact. Review the fiscal impact statement submitted by the Finance Department for any fiscal impacts.  Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except emergency legislation [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 [1 O.C. 109.6-1(a) and (b)]. Page 15 of 15 26 of 255 Draft 3 for OBC Consideration 2020 02 12 Title 8. Judiciary - Chapter 807 Kayanl^sla Ol$=wa> Laws of issues/matters CITATIONS 807.1. Purpose and Policy 807.2. Adoption, Amendment, Repeal 807.3. Definitions 807.4. Commencement of a Citation Action 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 807.5. Stipulations 807.6. Hearing Procedure 807.7. Exclusion 807.1. Purpose and Policy 807.1-1. Purpose. The purpose of this law is to provide a process that governs all citations that fall under the jurisdiction of the Oneida Nation. 807.1-2. Policy. It is the policy of the Nation to 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. 807.2. Adoption, Amendment, Repeal 807.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__. 807.2-2. 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. 807.2-3. 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. 807.2-4. 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. 807.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 807.3. Definitions 807.3-1. 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) “Authorized attorney” means an attorney of the Nation who represents the department or entity of the officer who issued the citation. (b) “Citation” means a legal document that serves as a notice or summons to appear in a court of the Nation in response to a charge against an individual of a violation of law. (c) “Court” means the Nation’s Trial Court, Family Court, or any other specific courts or divisions of the Nation’s Judiciary created by a law of the Nation which have been granted jurisdiction to hear matters of citations. (d) “Court of Appeals” means the branch of the Nation’s Judiciary delegated the authority of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal Council resolution GTC-03-19-17-A. (e) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later authorized to administer the judicial authorities and responsibilities of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A. (f) “Nation” means the Oneida Nation. 8. O.C. 807 – Page 1 27 of 255 Draft 3 for OBC Consideration 2020 02 12 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 (g) “No contest” means a plea by which a defendant will accept the charged violation of law but does not plead or admit guilt. (h) “Officer” means an individual authorized by a law of the Nation to issue a citation for a violation of said law. (i) “Person” means a natural person, sole proprietorship, partnership, corporation, limited liability company, or any other form of a legal entity. 807.4. Commencement of a Citation Action 807.4-1. Action. The issuance of a citation shall commence a civil action in the Judiciary for a violation of a law of the Nation for the purpose of collecting a fine or penalty imposed by the law in the name of the Nation. 807.4-2. Authority to Issue. An officer may issue a citation to any person he or she has reasonable grounds to believe has committed a violation of a law of the Nation that expressly permits the issuance of a citation. 807.4-3. Form of Citation. A citation shall contain the following information: (a) The name of the officer who issued the citation. (b) The name, address, and date of birth of the defendant. (c) The enrollment number and/or license number of the defendant, if applicable. (d) Information about the alleged violation including: (1) the violation alleged; (2) the law violated; (3) the time and place of the occurrence of the violation; and (4) a description of the violation. (e) A notice to appear at a date, time and place for the citation pre-hearing, and a statement as to whether the appearance at the pre-hearing is mandatory. (f) Provisions for payment of citation and stipulation in lieu of an appearance in Court, if applicable. (g) Notice that if the defendant does not pay the citation or stipulate to an agreement prior to the pre-hearing and fails to appear in Court at the time fixed in the citation or provide written notice to the Court that he or she is contesting the citation, the Court may issue a default judgment which may include any fine amount due, restitution and/or suspension of any rights, privileges, or licensures, or any other penalty authorized by law. (h) Notice that failure to satisfy a fine, restitution, or any other part of the judgment, may result in per capita attachment, wage garnishment, revocation, suspension of any rights, privileges, licensures, and/or any other action authorized by law and/or other collection processes available to the Court. (i) Any other relevant information. 807.4-4. Service of a Citation. The defendant is served with a citation when one of the following occurs: (a) Personal Service. The citation is provided to the defendant directly by the officer, or a copy of the citation is left at the defendant’s home or usual place of abode by the officer: (1) in the presence of a competent family member at least fourteen (14) years of age who shall be informed of the contents of the citation; or (2) in the presence of a competent adult who resides in the home or usual place of abode of the defendant, who shall be informed of the contents of the citation. (b) Mail Service. If personal service is not possible, and the defendant's address is known or with reasonable diligence can be ascertained, then mail service may be used. For service 8. O.C. 807 – Page 2 28 of 255 Draft 3 for OBC Consideration 2020 02 12 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 by mail, a copy of the citation may be delivered to the defendant’s last known address by certified mail with return receipt. The certified mail return receipt shall be signed by the defendant or a competent family member at least fourteen (14) years of age or an adult who resides in the home of the defendant. (1) The certified mail return receipt shall be filed with the Court as proof of service. (c) Service by Publication. If after a showing of due diligence personal service and mail service were not possible, then service may be completed by publication as a last resort. The publication shall be in the Nation’s newspaper and shall be designated as “Legal Notice.” The department of the officer and/or authorized attorney shall publish this notice at least two (2) times within a thirty (30) day period. The two (2) notices shall be published a minimum of ten (10) days before the citation pre-hearing. (1) Copies of the two (2) published notices and written report stating the facts surrounding the failure of personal and mail service shall be filed with the Court as proof of service. (2) If service by publication is required and there is insufficient time for proper service before the pre-hearing, the Court may, on its own, order different time limits for service by publication and/or re-schedule the pre-hearing appropriately in order to provide for fair notice and opportunity for the defendant to respond. (3) The Court may order the defendant to reimburse the department of the officer and/or the authorized attorney for any costs incurred from service by publication. 807.4-5. Filing of a Citation. Absent exigent circumstances, the department of the officer who issued the citation shall file the citation with the Court along with any applicable proof of service at least thirty (30) days prior to the date of the pre-hearing. (a) Citations may be filed in person or electronically transmitted to the Court. Citations that are electronically transmitted to the Court are deemed filed upon confirmation of receipt by the Clerk of Court assigned to the branch of the Judiciary that will hear the citation. (b) After filing the citation with the Court, the department of the officer who issued the citation shall forward the citation and all relevant accompanying information to the authorized attorney. Relevant information to accompany the citation may include, but is not limited to, a narrative by the officer and/or history of violations by the defendant. 807.4-6. Amendments to the Citation. A citation may be amended by an officer or the authorized attorney prior to the citation pre-hearing. A copy of the amended citation shall be provided to the defendant in accordance with section 807.4-4, and filed with the Court, at least five (5) days before the citation pre-hearing. After the hearing, the citation may only be amended at the discretion of the Court, upon notice to the parties and an opportunity to be heard. 807.5. Stipulations 807.5-1. Authority for Stipulations and Case Settlement. An authorized attorney of the Nation is granted the discretion to seek the settlement of a citation. (a) When seeking to enter into a stipulation the authorized attorney shall explain to the defendant all provisions included in the stipulation as required by section 807.5-2(a)-(d). 807.5-2. Form of Stipulation. Any stipulation between an authorized attorney and the defendant shall be in writing and signed. The stipulation shall include the following: (a) A summary of the citation violation information included on the citation; (b) The details of the stipulation including any fine, penalty, condition, or payment plan the defendant shall comply with; 8. O.C. 807 – Page 3 29 of 255 Draft 3 for OBC Consideration 2020 02 12 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 (c) A statement that by entering into the stipulation the defendant is admitting that he or she committed the act for which the citation was issued or is entering a plea of no contest and thereby waives his or her right to contest the citation with the Court; and (d) A statement that all parties signed the agreement free of duress and coercion. 807.5-3. Submission of the Stipulation to the Court. If the authorized attorney and defendant reach an agreement through the stipulation, the stipulation shall be submitted to the Court for the Court’s approval. (a) If the Court enters an order approving the stipulation as written, a copy of the order shall be provided to the authorized attorney and defendant. (b) If the Court does not enter an order approving the stipulation as written or requests clarification, the Court shall schedule the matter for a hearing. The Court shall provide the authorized attorney and defendant notice of the hearing date and written explanation as to why the Court did not approve the stipulation of the parties. 807.5-4. If the authorized attorney and defendant do not reach an agreement as to a stipulation, then the parties shall proceed with the citation hearing process. 807.5-5. Compliance with a stipulation shall be monitored by the authorized attorney. The authorized attorney may file a motion with the Court to enforce the terms of a stipulation or file a motion for contempt if the defendant is non-compliant with the terms of the stipulation. 807.6. Hearing Procedure 807.6-1. Citation Pre-Hearing. All citations shall include a pre-hearing date with the Court which shall be set at least thirty (30) days after the citation was issued, unless stated otherwise by a law of the Nation. (a) Appearance at the pre-hearing shall be mandatory only when a law, policy, rule, or resolution of the Nation requires a mandatory appearance for that specific violation of law. (b) If an appearance is not mandatory, and a person does not wish to contest the citation, a person may pay the fine and/or penalty as listed on the citation prior to the pre-hearing date. (1) If the person pays the fine and/or penalty as listed on the citation prior to the pre-hearing date the citation shall be considered satisfied. (c) If a person wishes to contest the citation, the person shall provide notice to the Court in one (1) of the following manners: (1) appear at the pre-hearing to contest the citation; or (2) if an appearance is not mandatory, send written notice to the Court, with a copy to the Oneida Law Office, prior to the pre-hearing notifying the Court that the defendant wishes to contest the citation. (d) At the pre-hearing the Court shall accept pleas which either contest or admit committing the act for which the citation was issued, or a plea of no contest. (1) If the defendant admits committing the act for which the citation was issued the Court shall provide a statement that by admitting that he or she committed the act for which the citation was issued the defendant thereby waives his or her right to contest the citation with the Court. The Court shall obtain an affirmative acknowledgment from the defendant of that waiver of rights. (e) In addition to scheduling requested hearings, the Court may also make conditional orders at the pre-hearing which are effective until the matter is resolved. (f) If a defendant does not appear at the pre-hearing or submit written notice that he or she is contesting the citation when there is a non-mandatory appearance, and the defendant has 8. O.C. 807 – Page 4 30 of 255 Draft 3 for OBC Consideration 2020 02 12 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 not entered into a stipulation or paid the fine and/or penalty as listed on the citation, the Court may proceed to enter a default judgment. (1) A default judgment may include any fine amount due, restitution, suspension of any rights, privileges, or licensures, and/or any other penalty authorized by law. (2) Unless otherwise noted by the Court, a defendant shall have ninety (90) days to satisfy a default judgment by paying any fine and/or complying with any condition or penalty ordered. 807.6-2. Citation Hearing. For all persons entering a plea contesting the fact that he or she committed the act for which a citation was issued, the Court shall schedule a hearing as expeditiously as possible, provided that it shall be scheduled within ninety (90) days of the date of the pre-hearing when possible. (a) The burden of proof at the citation hearing shall be by clear and convincing evidence. (b) As a result of the citation hearing the Court may issue an order which includes a determination as to the underlying violation of law as well as any fine amount, restitution, suspension of any rights, privileges, or licensures, and/or any other penalty as authorized by law. (c) A defendant who fails to satisfy a lawful order of the Court shall be subject to punishment for contempt of court which may include fines, revocation and/or suspension of any rights, privileges, licensures, or any other action authorized by law. (d) The defendant’s failure to satisfy a fine and/or restitution may result in per capita attachment, wage garnishment and/or other collection processes available to the Court. 807.6-3. Appeals of the Court’s Determinations. Any person wishing to contest the determination of the Court may appeal to the Nation’s Court of Appeals in accordance with the Rules of Appellate Procedure. 807.7. Exclusion 807.7-1. This law shall not apply to any law of the Nation which delegates hearing authority to a hearing body other than the Oneida Judiciary. End. Adopted – BC-__-__-__-__ 8. O.C. 807 – Page 5 31 of 255 FINANCE ADMINISTRATION Fiscal Impact Statement ~ =CJDOODO ONEIDA MEMORANDUM TO: Larry Batton, Chief Financial Officer RaLinda Ninham-Lamberies, Assistant Chief Financial Officer FROM: Rae Skenandore, Financial Management Analyst DATE: January 28, 2020 RE: Fiscal Impact of the Citations Law E sf1ma te d F'1sca 1I mpacts ummary Law: Citations Law Draft 3 Oneida Police Department Oneida Conservation Wardens Oneida Environmental Health Safety and Land Division Implementing Agency Oneida Licensing Department Oneida Judiciary Oneida Utilities Department Immediately Estimated time to comply I I Estimated Impact Total Estimated Fiscal Impact II. Current Fiscal Year No impact Ten Year Estimate No impact Background Legislative History This is a new Law that was originally placed on the Legislative Operating Committee Active Files List on May 15, 2019. A public meeting was held on November 22, 2019. Summary of Content A summary of the Law is as follows; A. The purpose of this Law is to provide a process that governs citations. B. The Law applies to those citations that are required to be resolved before the Oneida Judiciary. 1 32 of 255 C. The Law defines a citation as a "legal document that services as a notice or summons to appear in a Court of the Oneida Nation in response to a charge against an individual for the violation of a law". D. For most Laws, the authority to issue a citations is delegated to officers of the Oneida Police Department or Oneida Conservation Wardens. E. A Person is defined as "a natural person, sole proprietorship, partnership, corporation, limited liability company (LLC), or any other form of a legal entity. F. G. A citation must include the following: 1. Identifying Information; 2. Information About the Alleged Violation; 3. Court Hearing & Fine Information. Citations must be served in one of the following manners: 1. Personal Service; 2. Mail Service; 3. Service by Publication. H. Proof of service and the citation must be filed in writing with the Oneida Judiciary. I. Attorneys of the Oneida Law Office have the authority for Stipulations and Case Settlement. J. Stipulations must be written and signed and include the following: 1. A summary of the information on the citation; 2. The details of the stipulation; 3. A statement that the defendant admits that they committed the act or is entering a plea of no contest and waives their right to contest the citation; 4. A statement that all parties signed free of duress and coercion. K. Stipulations are submitted to the court for approval. If denied, a hearing is scheduled. L. Hearing procedure includes the following: 1. A Citation Pre-Hearing set at least thirty (30) days after the citation was issued. r'\. 000000 A good mind. A good heart. A strong fire. ONEIDA 33 of 255 a) Defendants may appear, unless a mandatory appearance is required. If the fine and/or penalty is paid prior to the pre-hearing, the b) citation is satisfied. c) If a person wishes to contest the citation, they shall: ( 1) appear at the pre-hearing to contest the citation; or if an appearance is not mandatory, send written notice to (2) the Court, with a copy to the Oneida Law Office, prior to the prehearing notifying the Court that the defendant wishes to contest the citation. d) At the pre-hearing the Court shall accept pleas which either contest or admit committing the act for which the citation was issued, or a plea of no contest. e) The Comt may also make conditional orders at the pre-hearing. f) If a defendant does not appear at the pre-hearing or submit written notice and the defendant has not entered into a stipulation or paid the fine and/or penalty as listed on the citation, the Court may proceed to enter a default judgment. (1) A default judgment may include any fine amount due, restitution, suspension of any rights, privileges, or licensures, and/or any other penalty authorized by law. (2) Unless otherwise noted by the Court, a defendant shall have ninety (90) days to satisfy a default judgment by paying any fine and/or complying with any condition or penalty ordered. 2. If a citation is being contested, the Court shall schedule a hearing within ninety (90) days of the pre-hearing date. a) The burden of proof is clear and convincing evidence. b) The Court order may include the determination and any fine amount, restitution, suspension of any rights, privileges, or licensures, and/or any other penalty as authorized law. c) A defendant who fails to satisfy a lawful order shall be subject to punishment for contempt of court which may include fines, revocation and/or suspension of any rights, privileges, licensures, or any other action authorized by law. A good mind. A good heart. A strong fire. ~ ONEIDA 34 of 255 d) Failure to satisfy a fine and/or restitution may result in per capita attachment, wage garnishment and/or other collection processes available to the Comt. e) Any person wishing to contest the determination may appeal to the Appellate Court. III. 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 A request was sent to the areas under the General Manager, the Judiciary, and the Oneida Police Department. Several areas stated that the Citations Law is essentially a redefinition of process that is already in place. Therefore, there would be no additional start up, staffing, or office costs. Affected entities are prepared to comply immediately. III. Financial Impact No impact. IV. Recommendation Finance 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. f'\. A good mind. A good heart. A strong fire. 000000 ONEIDA 35 of 255 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Legislative Operating Committee February 5, 2020 Indian Preference in Contracting Law Amendments Submission Date: 4/17/19 LOC Sponsor: Ernest Stevens III Public Meeting: 12/19/19 Emergency Enacted: n/a Summary: The purpose of the amendments to this Law is to complete an overview of any amendments and updates that might be needed for this law. 4/17/19 LOC: Motion by Jennifer Webster to add the Indian Preference in Contracting law to the active files list with a medium priority and Ernest Stevens III as the sponsor; seconded by Kirby Metoxen. Motion carried unanimously. 5/20/19: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Ernest Stevens III, Kirby Metoxen, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Travis Wallenfang, Paul Stensloff, Jeff House, Cathy Bachhuber. The purpose of this work meeting was to discuss why the law was added to the AFL and what portions of the law needed to be addressed through amendments. The group identified potential areas for amendments and policy considerations for the LOC. Discussed that the notes from the meeting will be compiled and the LOC will begin making policy considerations – additional meetings to have further discussions of those considerations and the law in general will be scheduled. 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. The purpose of this work meeting was to begin considering potential amendments to the Law – based on the discussion and suggestions from the last work meeting. The LOC did not complete an initial review of the beginning policy considerations so an additional work meeting will be scheduled this week. 6/6/19: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to continue the discussion and consideration of potential amendments to the Law from the June 6 LOC work session – based on the discussion and suggestions for potential amendments from the May 20 LOC work meeting. 7/25/19: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Patricia Garvey, Travis Wallenfang, Patrick Stensloff. The purpose of this work meeting was to review the law lineby-line and discuss potential amendments, as well as to review and confirm prior issues the LOC decided to support and not support so we can move forward with amendments to this law. 9/26/19: Work Meeting. Present: Jennifer Webster, Daniel Guzman King, Ernest Stevens III, Kirby Metoxen, Clorissa N. Santiago, Brandon Wisneski, Travis Wallenfang, Patrick Stensloff, Paul Page 1 of 2 36 of 255 Witek, Jameson Wilson. The purpose of this work meeting was for Indian Preference, Purchasing, and Community Economic Development Divisions Engineering to educate and discuss with the LOC on the internal spreadsheets that are used for scoring, SOPs, and a proposed fine schedule. 10/21/19: Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Travis Wallenfang, Paul Witek. The purpose of this work meeting was to review the draft of the proposed amendments and the fine and penalty resolution with the affected entities. 10/24/19: Work Meeting. Present: David P. Jordan, Jennifer Webster, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was for the LOC to review the draft of the proposed amendments to the law. 11/6/19 LOC: Motion by Ernest Stevens III to approve the draft and the legislative analysis for the Indian Preference in Contracting Law Amendments; seconded by Kirby Metoxen. Motion carried unanimously. 11/14/19: Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Travis Wallenfang, Patrick Stensloff. The purpose of this work meeting was to review the updated draft fine and penalty resolution and discuss specific fine amounts for each violation. 11/20/19 LOC: Motion by Ernest Stevens III to approve the public meeting packet and forward the Indian Preference in Contracting law amendments to a public meeting on December 19, 2019; seconded by Kirby Metoxen. Motion carried unanimously. 12/12/19: Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was for the LOC to review and discuss the fine and penalty resolution. LOC directed one change be made to the resolution. 12/19/19: Public Meeting Held. Present: David P. Jordan, Jennifer Webster, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Lee Cornelius, Jameson Wilson, Rae Skenandore, Crystal Meltz, Amy Hacker, Jeffrey House. One (1) person gave oral comments during the public meeting. 12/30/19: Public Comment Period Closed. Two (2) submissions of written comments were received during the public comment period. Next Steps:  Accept the public comments and the public comment review memorandum and defer to a work meeting for further consideration Page 2 of 2 37 of 255 Oneida Nation =DDDDDD= PO Box 365 • Oneida, WI 54115-0365 ONEIDA Oneida- nsn .gov TO: FROM: DATE: RE: r'\ Oneida Business Committee Legislative Operating Committee Legislative Operating Committee (LOC) Clarissa N. Santiago, Legislative Reference Office, Staff Attorney February 5, 2020 Indian Preference in Contracting Law Amendments: Public Meeting Comment Review CAJ f On December 19, 2019, a public meeting was held regarding the proposed amendments to the Indian Preference in Contracting law ("the Law"). The public comment period was then held open until December 30, 2019. This memorandum is submitted as a review of the oral and written comments received within the public meeting and public comment period. The public meeting draft, and public meeting transcript, and written comments received are attached to this memorandum for review. Comments 1 through 2 - Pur ose of the Law: 502.1. Purpose and Policy 502.1-1. Purpose. The purpose of this law is to establish an Indian Preference Office and increase economic benefits for the Nation and members of the Nation by providing for the maximum utilization of Indian workers and businesses on projects of the Nation which occur on or near the Reservation. Jeffrey S. House (written): Thank you Chairman Jordan and Vice-Chai1man Metoxen and members of the Legislative Operating Committee for allowing me to comment on the drafted amendments to the Indian Preference in Contracting law. I join you today as a representative of Oneida ESC group, a tribal corporation that is 100% owned by the Oneida Nation. I would like to begin my comments by highlighting the purpose of the law in Section 502.1-1; which is to establish an Indian Preference Office and increase economic benefits for the Nation and members of the Nation by providing for the maximum utilization oflndian workers and businesses on projects of the Nation which occur on or near the Reservation. These two drivers: "Increase economic benefits for the Nation" and "maximum utilization of Indian workers and businesses," I believe are the core objectives of the law and cannot be over emphasized. The Oneida Nation has a greater than $740 million impact on Brown and Outagamie Counties and is responsible for more the 5,460 jobs according to a St. Norbert College Study conducted in 2018. That equates to $89 million in government revenue, of which $33.4 million is for state and local government. I believe the purpose of the Law is to keep as much of impact on the Oneida Nation reservation. Jeffrey S. House (oral): Uhh thank you Councilwoman Webster and Chairman Jordan for allowing me to provide this testimony. I join you today as a representative of Oneida ESC group, a tribal corporation that is one hundred percent (100%) owned by the Oneida Nation. Page 1 of 23 A good mind. A good heart. A strong fire. 38 of 255 Thank you Jenny for reading the purpose of the Law, that's my first, or I would like to give my comments by highlighting the purpose of the Law. As you have stated, which is to establish an Indian Preference Office and increase economic benefits for the Nation and members of the Nation by providing for the maximum utilization of Indian workers and businesses on projects of the Nation which occur on or near the Reservation. These two drivers: "Increase economic benefits for the Nation" and "maximum utilization of Indian workers and businesses," I believe are the core objectives of the law and cannot be over emphasized. The Oneida Nation has a greater than seven hundred and fmty million dollar ($740,000.000) impact on Brown and Outagamie Counties and is responsible for more than five thousand four hundred and sixty (5,460) jobs according to a St. Norbe1t College Study conducted in 2018. That equates to eighty-nine million dollars ($89,000,000) in government revenue, of which thi1ty-three point four million ($33,400,000) is for state and local government. I believe the purpose of the Law is to keep as much of impact on the Oneida Nation Reservation. Response The commenter highlights the purpose of the Law, and provides some statistics on the Nation's economic impact on Brown and Outagamie Counties. As there are no suggestions being requested, or questions asked by this comment, there is no revision to the Law recommended based on this comment. LOC Consideration Comment 3 - Jurisdiction of the Nation: 502.1. Purpose and Policy 502.1-1. Pu,pose. The purpose of this law is to establish an Indian Preference Office and increase economic benefits for the Nation and members of the Nation by providing for the maximum utilization oflndian workers and businesses on projects of the Nation which occur on or near the Reservation. 502.3. Definitions 502.3-1. 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. (bb)"Reservation" means all the lands 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. A good mind. A good heart. A strong fire. Page 2 of 23 ~ ONEIDA 39 of 255 502.6. Application of Indian Preference to Contracts 502.6-1. Application oftlte Law. Except where prohibited or limited by law or grant funding requirements, this law shall apply to all contracts over three thousand dollars ($3,000) that meet the requirements of (a) and/or (b) below: (a) This law shall apply to: (1) all contracts, subcontracts, and compliance agreements to which the Nation is a party, and all contracts, subcontracts and compliance agreements that are entered into on behalf of, or for the benefit of the Nation, whereby goods and services are provided on or near the Reservation; and Eric McLester (written): I am providing written comments in suppmi of the proposed changes to the Indian Preference Law. As the Agent for the Oneida Golf Enterprise, I am in full support of the purpose of the law which is to increase "economic benefits for the Nation and members of the Nation by providing for the maximum utilization of Indian workers and businesses on projects of the Nation which occur on or near the Reservation." I would recommend that these economic benefits not be limited to just on or near the Reservation, and that wording similar to the "Joint Ventures" definition, be included that allows for economic development on a "project-specific basis" for projects off Reservation. Response The commenter expresses that the Law should apply to projects off and not near the Reservation. The Law provides that Indian preference shall be applied to all contracts, subcontracts, and compliance agreements to which the Nation is a paiiy, or the agreements are entered into on behalf of the Nation, whereby goods and services are provided on or near the Reservation. [5 0. C. 502.11, 502. 6-1 (a)(1)]. The Law defines "Reservation" as all the lands 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. [5 0. C. 502.3-1 (bb)}. The definition of Reservation in this Law is consistent with the Constitution and Bylaws of the Oneida Nation which provides that the jurisdiction of the Nation extends to the teITitory within the present confines of the Oneida Reservation and to such other lands as may be hereafter added thereto within or without said boundary lines under any law of the United States, except as otherwise provided by law. [Constitution and Bylaws of the Oneida Nation, Article I]. Simply speaking, jurisdiction is the power of a government to affect persons, property, and circumstances within its tenitory. The application of this Law is specific to projects which occur on or near the Reservation because this is the teITitory where the Nation has jurisdiction, and the Nation only has the authority to affect persons, prope1iy, and circumstances within its tenitory. Since the applicability of this Law is consistent with the territorial jurisdiction of the Nation, there is no revision to the Law recommended based on this comment. LOC Consideration A good mind. A good heart. A strong fire. Page 3 of 23 ~ ONEIDA 40 of 255 Comment 4- Definition of Joint Venture: 502.3. Definitions 502.3-1. 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. (v) "Joint venture" means a one-time grouping of two (2) or more entities in a business undertaking. 502.5. Certification of Entities 502.5-8. Joint Ventures. All joint ventures seeking certification as an Indian-owned business shall submit documentation of the business arrangements of the joint venture in addition to the required documentation for certification. (a) Certification for a joint venture shall be issued on a project specific basis. Eric McLester (written): The language refening to Joint Ventures speaks to these ventures being one-time or short-term partnerships but there are times when long te1m ventures make good business sense. I would recommend language be added that long te1m joint ventures can be considered on a project. specific basis if it is makes good business sense to do so. The Tribe should be open to every sound business oppmiunity and not limit or restrict new ventures. Response The commenter discusses the language refenfog to joint ventures and states that long te1m joint ventures should also be considered in addition to one-time or shmi-termjoint ventures. The Law provides that joint ventures seeking ce1iification as an Indian-owned business are required to submit documentation of the business anangements of the joint venture in addition to the required documentation for certification. [5 O.C. 502.5-8}. Joint ventures are a one (1) time grouping of two (2) or more entities in a business unde1iaking. [5 O.C. 502.3-1 (v)J. Joint ventures typically occur when two (2) or more paiiies agree to pool their resources for the purpose of accomplishing a specific task or project. The Law then clarifies that ce1iification for a joint venture shall be issued on a project specific basis. [5 O.C. 502.5-8(a)}. The Law does not specify any requirements as to whether joint ventures are short term business groupings or long-term business groupings, instead it is all dependent on the term of the project for which the two (2) entities are applying for ce1iification on. It was the intent of the Legislative Operating Committee that revising the Law to allow for joint ventures of Indian-owned business would provide more oppmiunities for Indian-owned businesses. Therefore, there is no revision to the Law recommended based on this comment. " fflJODOO A good mind. A good heart. A strong fire. Page 4 of 23 ONEIDA 41 of 255 LOC Consideration Comments 5 throu h 6 - Su ort for Definition of Tribal Cor oration: 502.3. Definitions 502.3-1. 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. (ee) "Tribal corporation" means a corporation chartered and/or wholly owned by the Nation pursuant to the Constitution and Bylaws of the Oneida Nation. Jeffrey S. House (written): Thank you for including the language, "wholly owned," to the definition of Tribal Corporation in Section 502.3-l(ee). Entities such as Oneida ESC Group are now defined in the Law other than as an entity with all other non-Oneida and non-Indian businesses and companies. Jeffrey S. House (oral): Thank you for including the language, "wholly owned," to the definition of Tribal Corporation in Section 502.3-l(ee). Entities such as Oneida ESC Group are now defined in the Law other than as an entity with all other non-Oneida and non-Indian businesses and compames. Response The commenter expresses gratitude to the Legislative Operating Committee for expanding the definition of Tribal Corporations to include corporations that are wholly owned by the Nation in addition to those corporations that are charted by the Nation, as this clarifies that the Oneida ESC Group is a Tribal Corporation under the Law. There is no revision to the Law recommended based on this comment. LOC Consideration Comment 7 - Concern with Definition of Tribal Corporation: 502.3. Definitions 502.3-1. 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 good mind. A good heart. A strong fire. Page 5 of 23 ~ ONEIDA 42 of 255 (ee) "Tribal corporation" means a corporation chartered and/or wholly owned by the Nation pursuant to the Constitution and Bylaws of the Oneida Nation. Eric McLester (written): Regarding the Definition of Tribal Corporation, the requirement that "a corporation chartered and/or wholly owned by the Nation pursuant to the Constitution and Bylaws of the Oneida Nation" is again limiting to a Corporations success. Why would you limit any Tribal investment, joint venture, pminership, etc, to only those wholly owned by the Tribe? I would recommend the Tribe support any business venture the Tribe has a stake in to be given preference. Response The commenter provides that the definition of "Tribal corporation" under the Law is limiting the success of a Tribal corporation by requiring that a Tribal corporation be wholly owned by the Nation. The Law defines a "Tribal corporation" as a corporation chmiered and/or wholly owned by the Nation pursuant to the Constitution and Bylaws of the Oneida Nation. [5 O.C. 502.3-1 (ee)J. To be considered a Tribal corporation, the corporation can be chmiered by the Nation, wholly owned by the Nation, or both. So even if a corporation is not wholly owned by the Nation, but it was charted by the Nation, that would still make it a Tribal corporation. It is imp01iant to remember though that in terms of the application of this Law, a Tribal corporation does not automatically receive Indian preference because it was chmiered or is wholly owned by the Nation. Instead, just like any other business or corporation, the Tribal corporation must still meet the criteria to be ce1iified as an Indian-owned business. The Law provides that in order to seek ce1iification as an Indian-owned business, the following criteria shall be met by the applicant entity: • There is Indian financial ownership, control and management of at least fifty-one percent (51 %) of the entity. • Indian financial ownership is established where the Nation, members of the Nation and/or other Indians own fifty-one percent (51 %) or more of the assets and equipment, receive fifty-one percent (51 %) or more of distributed net profits, and would receive fifty-one percent (51%) or more of the entity's assets upon dissolution. • Indian control is established where the Nation, member of the Nation and/or other Indian owner(s) maintain a minimum of fifty-one percent (51 %) of voting rights or other controlling decisional authority. • Indian Management is established where an Indian owner(s) is directly involved in the entity's management, this can be shown where at least one (1) Indian owner is directly involved in the daily operations of the entity on a full-time basis and in a senior-level position; or at least one (1) Indian owner is responsible for the oversight of operations, even though the daily operations are conducted by nonowner employees. • The entity can demonstrate financial responsibility, including but not limited to, evidence of an adequate line of credit, contributions of sufficient working capital, applicable A good mind. A good heart. A strong fire. Page 6 of 23 ~ ONEIDA 43 of 255 • required bonding and insurance, materials and/or equipment necessary to perfo1m applicable work. The entity can provide past and cmTent licensing or ce1tifications, including any penalties, or other punitive actions or debmments taken by any licensing body within the past ten (10) years. [5 O.C. 502.5-l(a)-(c)]. Therefore, as long as a Tribal corporation can meet the criteria for certification as an Indian-owned business provided for in section 502.5-1 of the Law, the Tribal corporation would be eligible for Indian preference. There is no revision to the Law recommended based on this comment. LOC Consideration Comments 8 through 9 - Certification Renewal: 502.5. Certification of Entities 502.5-5. Notification Requirements. A certified entity shall report the following to the Indian Preference Office within ten (10) business days of such an occurrence: (a) changes in the ownership or control status of the entity; (b) suspension, revocation, lapse or loss of any licensing, certification, insurance, bonding, or credit lines; and/or (c) any other changes that could: (1) affect an entity's eligibility for certification; (2) affect the financial liability of any entity, contracting party or the Nation; and/or (3) alter the status of the qualifications of the entity. 502.5-6. Certification Renewal. Certification is granted on an annual basis and shall lapse after one (1) year unless renewed. (a) To apply for a renewal certification, each certified entity shall complete and return a renewal application and annual reporting form so that the Indian Preference Office may update its records. (b) Annual renewal notices, applications and reporting forms shall be mailed to each certified entity at least thirty (30) days prior to the expiration of an entity's certification; however, the responsibility for renewal is upon the entity. Jeffrey S. House (written): In Section 502.5-7 regm·ding Ce1tification Renewal. I would recommend Tribal Corporations be exempt for annual renewals. The previous paragraph, Section 502.5-5(a) requires that Ce1tified entities shall rep01i change of ownership within 10 days and therefore would require re-ce1tification at that point. We see no benefit for Tribal Corporations to have to repeatedly re-certify when they m·e 100% owned by the Oneida Nation and for the Indian Preference Office to spend time, energy, and money for a renewal process that is guaranteed. A good mind. A good heart. A strong fire. Page 7 of 23 ~ ONEIDA 44 of 255 Jeffrey S. House (oral): In Section 502.5-7 regarding Certification Renewal. I would recommend Tribal Corporations be exempt for annual renewals. The previous paragraph, Section 502.5-5(a) requires that Ce1tified entities shall rep01t change of ownership within ten (10) days and therefore would require re-certification at that point. We see no benefit for Tribal Corporations to have to repeatedly re-ce1tify when they are one hundred percent (100%) owned by the Oneida Nation and for the Indian Preference Office to spend time, energy, and money for a renewal process that is guaranteed. Response The commenter requests that Tribal Corporations be exempt from the requirement to renew its Indian-owned business ce1tification on an annual basis, due to the fact that the Law already requires a ce1tified entity to notify the Indian Preference Office of any changes in the ownership or control status of the entity. The ce1tification that an entity is an Indian owned business, and therefore is eligible for Indian preference under the Law, is granted on an annual basis. [5 O.C. 502.5-6]. In order to prevent a lapse in certification, a ce1tified entity must renew its ce1tification by providing the Indian Preference Office a renewal application and annual reporting form. [5 O.C. 502.5-6(a)]. In addition to the ce1tification renewal requirements required by the Law, a ce1tified entity is required to notify the Indian Preference Office within ten (10) business days of any of the following occunences: • changes in the ownership or control status of the entity; • suspension, revocation, lapse or loss of any licensing, ce1tification, insurance, bonding, or credit lines; and/or • any other changes that could: • affect an entity's eligibility for ce1tification; • affect the financial liability of any entity, contracting patty or the Nation; and/or • alter the status of the qualifications of the entity. [5 O.C. 502.5-5(a)-(c)]. Whether to require a Tribal Corporation, or any certified entity, to renew its Indian-owned business certification on an annual basis, or simply be required to follow the notification requirements found in section 502.5-5 of the Law, is a policy consideration for the Legislative Operating Committee. Requiring annual renewals of ce1tification ensures that the Indian Preference Office maintains up to date information on the ce1tified entity to ensure that the certified entity continues to meet the criteria to be certified as an Indian-owned business. Eliminating the requirement to renew ce1tification on an annual basis, and instead relying on the notification requirements of section 505.5-5 may eliminate some time and effort spent by the Indian Preference Office in processing renewal applications and promote greater efficiency. The Legislative Operating Committee may make one of the following determinations: 1. The Law should remain as currently drafted. Certification as an Indian-owned business shall be renewed on an annual basis by all ce1tified entities, and all ce1tified entities are required to follow the notification requirements provided in section 502.5-5 of the Law. A good mind. A good heart. A strong fire. Page 8 of 23 ~ ONEIDA 45 of 255 2. The Law should be revised so that Tribal Corporations are exempt from the requirement to renew ce1tification on an annual basis, due to the fact that the requirements to follow the notification requirements of section 502.5-5 should be sufficient to ensure that the Indian Preference Office is notified of all relevant events that may occur. If the Legislative Operating Committee makes this dete1mination then the following revision is recommended: 502.5-6. Certification Renewal. Ce1tification is granted on an annual basis and shall lapse after one (1) year unless renewed. (a) To apply for a renewal certification, each ce1tified entity shall complete and return a renewal application and annual reporting form so that the Indian Preference Office may update its records. (b) Annual renewal notices, applications and repmting forms shall be mailed to each ce1tified entity at least thi1ty (30) days prior to the expiration of an entity's certification; however, the responsibility for renewal is upon the entity. (c) Exemption for Tribal Corporations. Tribal corp [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ac13a056a7ceed472. Public record. Not legal advice.