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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room-2nd Floor Norbert Hill Center

January 15, 2020

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

December 18, 2019 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Citations Law (pg. 3)

2. Children’s Burial Fund Policy Amendments (pg. )

3. Oneida Food Service Code Amendments (pg. )

4. Sanctions and Penalties Law *HANDOUT (pg. )

IV.

New Submissions

1. Real Property Law Emergency Amendments (pg. )

2. Southeastern Oneida Tribal Services Advisory Board Amendments (pg. )

3. Tobacco Law Emergency Amendments (pg. )

Additions

VI.

Administrative Updates

1. E-Poll Results: Vehicle Driver Certification and Fleet Management Amendments (pg. )

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

OODDDD=

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

December 18, 2019

9:00 a.m.

Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens III, Daniel Guzman

King

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

Falck, Rae Skenandore, Jameson Wilson, Lee Cornelius

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

carried unanimously.

II.

Minutes to be Approved

Motion by Kirby Metoxen to approve the December 04, 2019, Legislative Operating

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

seconded by Ernest Stevens III. Motion carried unanimously.

III.

Current Business

1. Child Support Amendments (:45-9:11)

Motion by Jennifer Webster to approve the adoption packet for the Child Support law

amendments with correction to page 9 and forward to the Oneida Business Committee

for consideration; seconded by Daniel Guzman King. Motion carried unanimously.

2. Citations Law (9:12-12:30)

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.

3. Vehicle Driver Certification & Fleet Management Amendments (12:33-18:57)

Motion by Kirby Metoxen to approve the public meeting packet and forward the

Vehicle Driver Certification and Fleet Management law amendments to a public

meeting to be held on January 16, 2020; seconded by Ernest Stevens III. Motion carried

unanimously

4. Children’s Burial Fund (18:58-23:02)

Motion by Jennifer Webster to accept the draft of the Children’s Burial Fund

amendments and direct that a legislative analysis be completed and brought back to the

January 15, 2020, Legislative Operating Committee meeting; seconded by Kirby

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Legislative Operating Committee Meeting Minutes of December 18, 2019

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Metoxen. Motion carried unanimously.

5. Oneida Food Service Code Amendments (23:03-52:40)

Motion by Kirby Metoxen to approve the draft amendments to the Oneida Food Service

Code and the legislative analysis and defer to a work meeting; seconded by Ernest

Stevens III. Motion carried unanimously.

IV.

New Submissions

Additions

VI.

Administrative Items

1. E-poll Results: Sanctions and Penalties Law – Rescission of the December 4, 2019,

LOC Action (52:41-55:03)

Motion by Jennifer Webster to enter into the record the December 4, 2019, E-poll

results for the Sanctions and Penalties law – rescission of the December 4, 2019, LOC

action; seconded by Kirby Metoxen. Motion carried unanimously.

2. E-poll Results: Sanctions and Penalties Law – Approval of the Public Meeting

(55:06-58:45)

Motion by Ernest Stevens III to enter into the record the December 10, 2019, E-poll

results for the Sanctions and Penalties law – approval of a public meeting; seconded by

Jennifer Webster. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Kirby Metoxen to adjourn the December 18, 2019, Legislative Operating

Committee meeting at 9:59 a.m.; seconded by Daniel Guzman King. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of December 18, 2019

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

January 15, 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.

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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.

Next Steps:

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

▪ Approve the Citations law fiscal impact statement request memorandum and forward to the Finance

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

Operating Committee by January 29, 2020.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54115-0365

O neida-nsn.gov

TO:

FROM:

DATE:

RE:

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ONEIDA

Legislative Operating Committee (LOC)

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

January 15, 2020

Citations Law: Public Meeting Comment Review

On November 22, 2019, a public meeting was held regarding the proposed Citations law ("the

Law"). The public comment period was then held open until December 3, 2019. On December 18,

2019, the Legislative Operating Committee reviewed and considered all public comments that

were received.

This memorandum is submitted as the Legislative Operating Committee's review and

consideration of the written comments received within the public comment period.

Comment 1 - Service of Citation:

807.4. Commencement of a Citation Action

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.

Jeff Mears (written): Service of Citation - For laws like the Oneida Tribal Environmental

Response law and Food Service Code, the defendant may be a company, business, or Oneida

division or department. Will the service of a citation of a person be required? For such laws, it is

imp01iant that citations are not attached to specific individuals, but rather the business entity, as

citations may be based on the violation history of the business.

Response

The commenter questions whether under the proposed Law citations can only be issued to a person,

because under some laws of the Nation it may be necessary to issue a citation to a business or

department of the Nation.

The Law provides that 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. [8 0. C. 807. 4-2}. Although each law of the Nation that provides specific

citation authority may include more specific information on who may be issued a citation, this

Law does not currently provide clarification on if only a person may be issued a citation, or if a

business entity can also be issued a citation.

The Legislative Operating Committee should consider adding clarification to the Law on who may

be issued a citation. It is recommended that the Legislative Operating Committee make the

following revision to the Law to expand what the term "person" means:

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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.

(i) "Person" means a natural person, sole proprietorship, partnership, corporation, limited

liability company or any other form of a legal entity.

LOC Consideration

The Legislative Operating Committee decided that the following revision should be made to the

Law:

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.

(i) "Person" means a natural person, sole proprietorship, partnership, corporation, limited

liability company or any other form of a legal entity.

The Legislative Operating Committee made this decision after a discussion on the various

situations that may arise in which an individual, a business, or even in some cases, both an

individual and a business may be cited for violations of a law. In an effo1i to provide the most

flexibility in the interpretation and implementation of the Citations law, the Legislative Operating

Committee decided to add in the clarification that a person under the Citations law includes not

only individual people but also a business or other legal entity.

Comment 2 - Qualifications of an Authorized Attorney:

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.

807.5. Stipulations

807.5-1. Autlwl'ityfor 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 807.52(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;

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;

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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.

Jeff Mears (written): Stipulations-The only qualification is "authorized attorney of the Nation."

In other jurisdictions this is either a position elected or hired based on qualifications. This law

establishes authority but does not establish competencies. Oneida has built an organization to best

serve Oneida people with agency expe1iise and judiciary expe1iise, yet much of the decisionmaking power will rest with an "authorized attorney of the Nation." With the diverse affected

entities and related legislation listed, how will the authorized attorney interact with the

organization to consider things like trapping, hazardous discharges, food safety, and dangerous

animals, during the process?

Response

The commenter states that the Law lacks competencies and qualifications for the authorized

attorney position, and then expresses concern that "much of the decision-making power will rest

with the 'authorized attorney' of the Nation."

The Law defines an authorized attorney as an attorney of the Nation who represents the depruiment

or entity of the officer who issued the citation. [8 O.C. 807.3-1 (a)}. The Law does not provide

qualifications for authorized attorneys of the Nation because the purpose of this Law is to provide

a consistent process for handling citations of the Nation, not set employment standards for the

individuals employed by the Nation as attorneys.

Qualifications for attorneys hired by the Nation are set through specific job descriptions. Attorneys

of the Nation must have obtained a Juris Doctorate degree from an accredited law school and be

licensed to practice law in the State of Wisconsin. Attorneys of the Nation must also meet other

qualifications such as minimum number of years of experience, or knowledge and experience

regarding specific subject matters. Attorneys are then assigned to specific departments and/or areas

of the Nation and are expected to diligently represent the interests of their areas and learn the

various laws, policies, and/or rules governing those areas.

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It is inaccurate to say that much of the decision-making power will rest with the authorized attorney

of the Nation. Although the Law does delegate authority to the authorized attorney to seek the

settlement of a citation, that authority is not unilateral. [8 0. C. 807.5-1}. The stipulation must be

agreed to by the defendant and contain:

• A summary of the citation violation information included on the citation;

• The details of the stipulation including any fine, penalty, condition, or payment plan the

defendant shall comply with;

• 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 Cami; and

• A statement that all paities signed the agreement free of duress and coercion.

[8 O.C. 807.5-2(a)-(d)].

If the authorized attorney and defendant reach an agreement through the stipulation, then the

stipulation is submitted to the Cami for the Cami's approval. [8 O.C. 807.5-3}. The Court has the

authority to approve or deny a stipulation. If the Cami approves the stipulation as written, then an

order is entered and a copy of the order is provided to the authorized attorney and defendant. {8

O.C. 807.5-J(a)}. If the Court does not approve the stipulation, or requests clarification on the

stipulation, then the Com1 shall not enter an order, and will instead schedule the matter for a

hearing. [8 O.C. 807.5-J(b)}.

Therefore, based on the fact that the authorized attorneys do in fact have to meet basic

qualifications, and are not unilaterally given all decision power in regard to stipulations, there is

no recommended revision based on this comment.

LOC Consideration

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

comment.

The Legislative Operating Committee made this decision based on the fact that authorized

attorneys of the Nation do in fact have to meet qualifications and competencies. The Legislative

Operating Committee also based this decision off of the fact that the stipulation process contained

in the Citations law does not unilaterally give all decision making power to the authorized attorney,

and instead requires all stipulations - which have to be agreed upon by the authorized attorney and

defendant - to be approved by the Court.

Comment 3 - Standards for the Burden of Proof:

807.6. Hearing Procedure

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

elate of the pre-hearing when possible.

(a) The burden of proof at the citation hearing shall be by clear and convincing

evidence.

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Jeff Mears (written): Citation Hearing Burden of Proof - We will need training for evidence

"clear and convincing" and "preponderance of the evidence."

Response

The commenter provides that training on the various standards of evidence will be needed by the

depaiiments.

The burden of proof at a citation hearing is "clear and convincing evidence." [8 0. C. 807. 6-2(a)].

This means that there must be evidence which shows that the alleged violation is highly probable

or probably ce1iain to have occurred.

The Oneida Judiciary Rules of Civil Procedure allows for a law of the Nation to specify the burden

of proof to be used by the Court for deciding matters related to that law. [8 O.C. 803.4-8]. Ifno

burden of proof is specified, then the "preponderance of the evidence" burden is used. The

preponderance of the evidence burden is the most commonly used and also is the lowest standard

of proof for civil actions. It means that there is evidence that shows that the alleged violation more

likely than not occuned, or that there is sufficient evidence that there is a greater than fifty percent

(50%) chance that the claim is true.

The Legislative Operating Committee made the decision to include the higher burden of proof of

clear and convincing evidence in the Law. This was an effmi to ensure that members of the

community are not unduly penalized, and only penalized when the Nation and its agencies

(represented by its authorized attorney) can meet this higher burden of proof.

It is not necessarily the depaiiments of the officers of the Nation themselves that have to be well

versed in the various burdens of proof, as it will be the responsibility of the authorized attorney to

meet the clear and convincing evidence standard during the citation hearing. An officer of the

Nation only needs to have reasonable grounds to believe that a person has committed a violation

of a law of the Nation that expressly pennits the issuance of a citation in order to issue a citation

to a person. [8 0. C. 803. 4-2}.

There is no recommended revision to the Law based on this comment. If a department of a Nation

who is authorized by a law of the Nation to issue a citation for a violation of said law needs fmiher

clarification on the burden of proof to be met by the authorized attorney during a citation hearing,

then it is recommended that the department reach out to their authorized attorney for further

clarification and/or training on the matter.

LOC Consideration

The Legislative Operating Committee determined no revision to the Law was needed based on this

comment.

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The Legislative Operating Committee agreed that if any depruiment has any questions on a burden

of proof or the Law in general, then the depruiment should reach out to their authorized attorney

for fi.uiher clarification on the matter.

Comment 4 - Timin and Trans arency:

Jeff Mears (written): Timing and Transparency - The Oneida Citations law affects numerous

Oneida entities, like Conservation wardens and related legislation like the Hunting, Fishing, and

Trapping Law. The public comment period from the public hearing of November 22, 2019 to the

close on December 3, 2019 includes the two-day Thanksgiving holiday and the nine-day

Wisconsin gun deer season. This is literally the worst 10-day period of the year to solicit input

from Oneida Conservation wardens or Oneida deer hunters.

Response

The commenter expresses dissatisfaction with when the public meeting and public comment period

was held for the Law.

Public meetings for proposed legislation are governed by the Legislatives Procedures Act (LP A).

The LP A provides a process for the adoption of laws of the Nation that takes into account

comments from members of the Nation and agencies of the Nation. [1 O.C. 109.1-1, 109.1-2]. The

LP A requires that a public meeting be held for every piece of legislation to solicit oral comments,

and that the public meeting is followed by a public comment period, where written comments can

be submitted, that remains open for no less than five (5) business days after the public meeting is

held . [1 O.C. 109.8-1].

The LP A provides specific requirements for how the community and agencies of the Nation are

notified of the public meeting and public comment period. A notice for the public meeting is

required to be developed and contain the name, address, phone number, and other appropriate

information to submit comments on the legislation, as well as the date, time, and place of the public

meeting and the time period in which comments must be received. [1 0. C. 109. 8-2]. At least ten

(10) days before a public meeting is held, the public meeting notice must be published in the

Kalihwisaks, and the public meeting notice, legislation, legislative analysis, and fiscal impact

statement if available, are required to be made publicly available on the Oneida Register and

electronically provided to all managers and directors. [J O.C. 109.8-2(a)-(c)}.

Additionally, the LPA requires all appropriate managers or directors to direct comments be

provided during the comment period or at a public meeting by those employees of the Nation who

have special knowledge or expe1iise on the legislation. [J O.C. 109.8-4(a)].

In regard to the proposed Citations law, at the October 16, 2019, Legislative Operating Committee

meeting the Legislative Operating Committee approved the public meeting materials and set a

public meeting date of November 22, 2019.

The public meeting notice, proposed Citations law, and legislative analysis were then made

available on the Oneida Register, as well as electronically provided to all directors, managers, and

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supervisors of the Nation on October 16, 2019. Although the LP A only requires these materials be

noticed ten ( 10) business days prior to the public meeting, in this case notice was provided twentyseven (27) business days before the public meeting. The public meeting notice was then published

in the Kalihwisaks on November 7, 2019.

The Legislative Operating Committee held a public meeting for the proposed Law on November

22, 2019. The public comment period for this legislative item was then held open for five (5)

business days until December 3, 2019.

Therefore, although the public comment period did include the Thanksgiving and Indian Day

holidays, the public meeting and public comment period still met, and exceeded, all requirements

of the LPA. Members of the community were adequately noticed of when the public meeting and

public comment period would occur, and all managers, supervisors, and directors, including those

of the Conservation Wardens, were informed of the obligation to direct any necessary comments

be provided by any employee who may have special knowledge or expe1iise on the legislation.

LOC Consideration

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

on this comment.

The Legislative Operating discussed the fact that the scheduling of the public meeting and public

comment period for the Law not only met the requirements of the Legislative Procedures Act but

exceeded the requirements. The Legislative Operating Committee feels that all departments of the

Nation and members of the community were adequately noticed of when the public meeting and

public comment period would occur.

The Legislative Operating Committee would also like to highlight that the public meeting date is

based on a variety of factors including the date of the Legislative Operating Committee meeting

to approve the public meeting, Kalihwisaks submission deadlines and publication dates, and the

notice requirements of the Legislative Procedures Act. The Legislative Operating Committee did

not specifically choose to hold its public meeting during this timeframe, which the commenter

deemed as the "worst 10-day period of the year", but instead the dates chosen for this public

meeting and public comment period followed the natural progression of the legislative process for

this legislative matter.

Comments 5 and 6 - Consultation and Outreach:

Jeff Mears (written): Consultation and outreach - Environmental Health & Safety was not

included in the development.

Jeff Mears (written): Consultation and Outreach. There are 17 laws of the Oneida Nation cited,

that authorize citations, that the proposed Citations law will apply to. Of those 17 laws cited,

Environmental Health & Safety has authority to enforce 11. Environmental Health & Safety was

not invited to participate in development of the Citations Law.

CITATIONS LAW

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LEGISLATIVE ANALYSIS

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 Judicimy, Oneida Legal Resource Center, and Oneida Environmental

Resource Board.

Response

The commenter states that the Environmental Health and Safety Depaiiment was not included in

the development of this Law even though there are many laws of the Nation that authorize the

Environmental Health and Safety Depaiiment to issue citations.

The Legislative Operating Committee is delegated the authority to develop legislation of the

Nation. [I O.C. 109.4-2}. It is within the Legislative Operating Committee's discretion and

authority to collaborate with various depaiiments of the Nation on the development of proposed

legislation when the Legislative Operating Committee determines it is necessary and relevant.

Although the Citations law is a new law for the Nation, it is not a new concept or process. Authority

to issue a citation is referenced in some manner in nineteen (19) laws of the Nation. Many of those

laws even include reference to a process for how those citations are handled.

During the development of the most recent amendments to the Domestic Animals law the citation

process was discussed with representatives from the Oneida Environmental Health, Safety and

Land Division, Oneida Comprehensive Health Division - Community Health, Environmental

Resource Board, Oneida Police Depa1iment, Oneida Conservation Depa1iment, and Oneida Law

Office. It was discussed that although the Domestic Animals law contained some process for how

citations are handled there were many gaps in the process, specifically relating to after a citation

is issued and the resulting court procedure. [3 0. C. 304.13}. That lack of clarity of the citation

process contained in the law resulted in differences in interpretation between the Judiciary and

Oneida Law Office. It was then identified that the citation process was used and referenced in

many more laws of the Nation other than the Domestic Animals law, so the Legislative Operating

Committee ultimately decided that a Citations law should be developed as a stand alone law so a

consistent process can be created for all laws that delegate the authority to issue citations, instead

of just updating the process contained within the Domestic Animals law.

For the development of this Law, once it was determined that the gaps in the process that needed

to be addressed primarily focused on the interaction of the key players throughout the comi

process, the Legislative Operating Committee collaborated with the Oneida Police Department,

Oneida Judiciary, Oneida Legal Resource Center, and the Oneida Law Office. From the Oneida

Law Office, Attorney Kelly McAndrews was specifically collaborated with, as she represents a

majority of the depaiiments or areas that are delegated the authority to issue a citation. The

Legislative Operating Committee worked with the Oneida Law Office, Oneida Judiciary, and

Oneida Legal Resource Center based on the subject matter expe1iise those areas could provide on

the development of comi process and the interactions of the various players within those processes.

The Legislative Operating Committee collaborated with the Oneida Police Department based on

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the fact that the Oneida Police Department is the only known entity actively issuing citations. The

Oneida Conservation Department was also invited to initial work meetings on this matter, but did

not attend.

The Legislative Operating Committee understands that during the development oflegislation there

may be entities that will be affected in some way by legislation that are not chosen to directly

participate in the development of amendments. For those entities, the public meeting and

subsequent public comment period, as required by the Legislative Procedures Act, is the

oppo1tunity to participate in the legislative process by providing any comments or questions the

department may have. [1 0. C. 109.8]. All departments of the Nation are encouraged to pmticipate

during a public meeting and share any insights or expe1tise with the Legislative Operating

Committee.

Additionally, the Legislative Operating Committee holds its meetings on the first and third

Wednesday of every month at 9:00 a.m. in the Norbert Hill Center Business Committee

Conference Room. If a deprutment, or community member, feels as if they have information they

would like to share with the Legislative Operating Committee regru·ding proposed legislation then

the Legislative Operating Committee encourages attendance at the meetings and pmticipation by

asking questions and/or providing input during those meetings. Legislative Operating Committee

meeting agendas are sent out electronically via e-mail and published on the Nation's website at

least three (3) business days before the Legislative Operating Committee meeting. The Citations

law has been present on three (3) Legislative Operating Committee meeting agendas thus far.

The Environmental Health, Safety, and Land Division is delegated the authority to issue citations

in the following six (6) laws of the Nation:

1. Tribal Environmental Response Law;

2. Well Abandonment Law;

3. Onsite Waste Disposal Ordinance;

4. Oneida Food Service Code;

5. Tattoo and Body Piercing Law; and

6. Non-Metallic Mine Reclamation Law.

Of the six (6) laws mentioned above, this Law does not apply to the citations referenced in the

Non-Metallic Mine Reclamation law since the Non-Metallic Mine Reclamation law delegates

hearing authority to the Oneida Land Commission and not the Oneida Judiciary. [8 0. C. 807. 7-1J.

Although the Environmental Health, Safety, and Land Division is delegated authority to issue

citations, the Division, or more specifically the Environmental Health and Safety Depmtment, was

not included in the Legislative Operating Committee's initial work group due to the fact that the

Depmtment' s authority to issue citations was not changing. Therefore, the Legislative Operating

Committee decided to focus its work with those areas that could provide subject matter expertise

on the development of court procedure.

Although the Environmental Health and Safety Department was not included in the initial work

group, they were consulted during the development of the legislative analysis. The Environmental

Health and Safety Department was consulted in regard to specific authority to issue citations and

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whom in the Environmental Health and Safety Department would be responsible for that action.

The Environmental Health and Safety Depmiment was also later encouraged to submit public

comments on the Law.

Ultimately, it is the Legislative Operating Committee that is delegated the authority to develop

legislation of the Nation. [1 O.C. 109.4-2}. The Legislative Operating Committee appreciates and

encourages participation and collaboration with all depmtments of the Nation and members of the

community, even if that pa1ticipation occurs in different ways.

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

LOC Consideration

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

on this comment.

The Legislative Operating Committee confirms its authority to develop legislation of the Nation,

and its discretion on how collaboration with entities that may be affected by or interested in

legislation occurs throughout the legislative process. The Legislative Operating Committee always

encourages depmtments of the Nation or members of the community to pmticipate in the

legislative process. The Legislative Operating Committee values all input that is received no matter

if that input comes as a result of participation during work meetings, at Legislative Operating

Committee meetings, or during the public meeting and subsequent public comment period.

Comment 7 - Process for Internal In ut on Le islation:

Jeff Mears (written): Agency comments and public conunents. The Oneida public should expect

that the Oneida government has a process for internal input from Affected Entities to proposed

laws before they are submitted for public comment. The Oneida Legislative Procedures Act

appears to mandate management to direct staff with expertise to provide comments during the

public comment time frame. Environmental Health & Safety does not have legislative procedures

experts.

Title I. Government and Finances - Chapter 109

LEGISLATIVE PROCEDURES ACT

109.8-4. Comments and Testimony. The Legislative Operating Committee shall consider

fully, all written comments and oral testimony received during the public comment period

and any public meeting on the legislation.

(a) All appropriate managers or directors shall direct comments to be provided during the

comment period or at a public meeting by those Tribal employees who have special

knowledge or expertise on the legislation.

Response

The commenter states that the Nation should have a process for internal input from entities of the

Nation before proposed legislation is submitted for public comment.

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The public meeting and accompanying public comment period as required by the Legislative

Procedures Act is the Nation's process for collecting comments and input from internal

departments or entities or members of the community. [J O.C. 109.8}. The Legislative Operating

Committee is required to then fully consider all written comments and oral testimony that is

received during the public meeting and public comment period and determine if any changes to

the proposed legislation is needed based on those comments. [l 0. C. 109.8-4].

The commenter is cmTect in stating that the Legislative Procedures Act requires all appropriate

managers or directors to direct comments be provided during the comment period or at a public

meeting by those employees of the Nation who have special knowledge or expertise on the

legislation. [l 0. C. 109. 8-4(a)]. A department does not need to have its own legislative procedures

expert to paiticipate in the legislative process. The electronic notice of a public meeting that is sent

out to all directors, supervisors, and managers of the Nation includes a statement referencing the

requirement of the Legislatives Procedures Act that employees who may have specialized

knowledge be directed to provide comment on the legislation. [l 0. C. 109. 8-2(a)-(c)]. The

directors, managers, and supervisors are required to direct employees that may have specialized

knowledge of the subject matter of the legislation to participate, it is not just employees who may

have specialized knowledge of the legislative process.

Additionally, if a depaitment of the Nation has questions on the legislative process the department

can contact the Legislative Reference Office at LOC@oneidanation.org. The Legislative

Reference Office has met with various depaitments to provide more information on the legislative

process.

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

LOC Consideration

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

this comment.

The Legislative Operating Committee discussed the fact that the public meeting and accompanying

public comment period as required by the Legislative Procedures Act is the Nation's process for

collecting comments and input from internal departments or entities or members of the community.

The Legislative Operating Committee encourages anyone who has questions on the legislative

process to contact the Legislative Reference Office.

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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

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.

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.

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(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.

(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

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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.

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;

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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.

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

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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.

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-__-__-__-__

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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

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.

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.

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