# Oneida Business Committee (2020) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ac928b2910f83133f ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 287 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. I. 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. ) V. 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. 2 of 287 Er 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 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 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 000000 A good mind. A good heart. A strong fire. Legislative Operating Committee Meeting Minutes of December 18, 2019 Page 1 of 2 " ONEIDA 3 of 287 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 V. 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 Page 2 of 2 4 of 287 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. Page 1 of 2 5 of 287 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. Page 2 of 2 6 of 287 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54115-0365 O neida-nsn.gov TO: FROM: DATE: RE: ~ 000000 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: Page 1 of 11 A good mi nd. A good heart. A strong fi re. 7 of 287 807.3. 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; (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; A good mind. A good heart. A strong fire. Page 2 of 11 ~ ONEIDA 8 of 287 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. A good mind. A good heart. A strong fire. Page 3 of 11 9 of 287 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. A good mind. A good heart. A strong fire. Page 4 of 11 ~ ONEIDA 10 of 287 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. A good mind. A good heart. A strong fire. Page 5 of 11 ~ ONEIDA 11 of 287 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 A good mind. A good heart. A strong fire. Page 6 of 11 ~ ONEIDA 12 of 287 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 A good mind. A good heart. A strong lire. Page 7 of 11 " :000000 ONEIDA 13 of 287 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 /""\. 000000= A good mind. A good heart. A strong fire. Page 8 of 1 t ONEIDA 14 of 287 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 A good mind. A good heart. A strong fire. Page 9 of 11 ~ ONEIDA 15 of 287 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. A good mind. A good heart. A strong fire. Page 10 of 11 ~ ONEIDA 16 of 287 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. ~ GOOOOO= A good mind. A good hearl. A strong fire. Page 11 of 11 ONEIDA 17 of 287 Draft 3 (Redline to Draft 2) 2020 01 15 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 18 of 287 Draft 3 (Redline to Draft 2) 2020 01 15 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 19 of 287 Draft 3 (Redline to Draft 2) 2020 01 15 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 20 of 287 Draft 3 (Redline to Draft 2) 2020 01 15 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 (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 21 of 287 Draft 3 (Redline to Draft 2) 2020 01 15 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 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 22 of 287 Draft 3 2020 01 15 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 23 of 287 Draft 3 2020 01 15 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 24 of 287 Draft 3 2020 01 15 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 25 of 287 Draft 3 2020 01 15 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 (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 26 of 287 Draft 3 2020 01 15 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 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 27 of 287 Analysis to Draft 3 2020 01 15 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 11 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 has not yet been requested. 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, property and land, and others. When a person violates a law of the Nation, several laws authorize the Nation to enforce through the issuance of 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 entities involved in the citation process and, in some instances, the dismissal of cases in the Judiciary. 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 need to develop a more detailed procedure for the issuance and processing of citations was discussed. Rather than add a detailed Page 1 of 15 28 of 287 Analysis to Draft 3 2020 01 15 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 60 process only to the Domestic Animals law, the LOC decided to begin drafting a new Citations law that can apply to violations of all laws of the Nation that include 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. Thus far, amendments to this law have followed the process set forth in the Legislative Procedures Act (LPA). B. The law was added to the Active Files List on 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].  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. For the purposes of this law, an “officer” Page 2 of 15 29 of 287 Analysis to Draft 3 2020 01 15 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 91 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.  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 30 of 287 Analysis to Draft 3 2020 01 15 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 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 31 of 287 Analysis to Draft 3 2020 01 15 120 121 Chart 1. Service of a Citation. An individual 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 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 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 32 of 287 Analysis to Draft 3 2020 01 15 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 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 33 of 287 Analysis to Draft 3 2020 01 15 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 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 Dangerous animal; 304 Domestic Animals Oneida Police prohibited animal; animal Department and Oneida running at large. Conservation 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 226 Page 7 of 15 34 of 287 Analysis to Draft 3 2020 01 15 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257  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 appears to apply to any citations issued under the following laws of the Nation: Page 8 of 15 35 of 287 Analysis to Draft 3 2020 01 15 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 Chart 6. Oneida Laws that Authorize Fines and Include Judiciary Appeals Process w/o Timelines Chapter Law Authority to Enforce Example Violation Selling tobacco products 115 Tobacco Oneida Police Department in violation of the law. Oneida Police Willfully obstruct, hinder 302 Emergency Department or delay the Management and implementation of Homeland Security emergency response. Selling food or food 305 Oneida Food Environmental Health, Service Code* Safety and Land Division products on tribal property without a and Licensing. 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 36 of 287 Analysis to Draft 3 2020 01 15 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321  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. 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 37 of 287 Analysis to Draft 3 2020 01 15 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 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. 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 38 of 287 Analysis to Draft 3 2020 01 15 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419     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 39 of 287 Analysis to Draft 3 2020 01 15 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 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 40 of 287 Analysis to Draft 3 2020 01 15 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 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]. [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%3Ac928b2910f83133f. Public record. Not legal advice.