Oneida Business Committee (2020)

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Public Packet

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Oneida Business Committee

Executive Session and Regular Meeting

8:30 AM Wednesday, May 13, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and

present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.

NOTICE

All regular, special, and emergency Business Committee meetings in the months of March, April

and May will be closed to the public. This is preventative measure as a result of the COVID-19

pandemic. Audio recordings are made of all meetings of the Business Committee. Video

recordings are made of regular meetings of the Business Committee. All recordings are available

on the Nation's website at: https://oneida-nsn.gov/government/business-committee/recordings/

If you have comments regarding open session items, please submit them to

TribalSecretary@oneidanation.org no later than close of business the day prior to a Business

Committee meeting. Comments will be noticed to the Business Committee.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

MINUTES

Approve the April 22, 2020, regular Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

Approve the May 6, 2020, special Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

Oneida Business Committee

Regular Meeting Agenda

Page 1 of 4

May 13, 2020

Public Packet

VI.

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RESOLUTIONS

Adopt resolution entitled Amendments to the Curfew Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Amendments to the Domestic Animals Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Amended Domestic Animals Law Fine, Penalty, and

Licensing Fee Schedule

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Amendments to the Oneida Food Services Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Oneida Food Service Law Fine, Penalty, and Licensing Fee

Schedule

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Pardon and Forgiveness Law Application Fee

Sponsor: Lisa Summers, Secretary

Adopt resolution entitled Suspension of the Pardon and Forgiveness Law

Application Fee due to the COVID-19 Public Health State of Emergency

Sponsor: Lisa Summers, Secretary

Adopt resolution entitled Adoption of Emergency Amendments to the Election Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Oneida Nation Support of the Wisconsin Department of

Transportation’s Southern Bridge Corridor Project

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

UNFINISHED BUSINESS

Approve the Gaming operations re-opening date

Sponsor: Louise Cornelius, Gaming General Manager

EXCERPT FROM MAY 6, 2020: Motion by Kirby Metoxen to accept the Gaming operations

re-opening safety plans and defer the Gaming operations re-opening date to the May 13,

2020, regular Business Committee meeting agenda, seconded by Daniel Guzman King.

Motion carried.

VII.

TABLED BUSINESS

Update and progress report regarding the implementation procedures for BC

resolution # 03-11-20-C (tabled 4/8/20 – No requested action)

Oneida Business Committee

Regular Meeting Agenda

Page 2 of 4

May 13, 2020

Public Packet

VIII.

IX.

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NEW BUSINESS

Consider request from the Oneida Election Board regarding the 2020 Primary

Election

Sponsor: Shannon Metoxen, Interim Chair/Oneida Election Board

Research Request: Tate-Univ. of Wisconsin/Madison-Contemporary Culture - Review

recommendation and determine next steps

Sponsor: Jo Anne House, Chief Counsel

EXECUTIVE SESSION

REPORTS

Accept the Gaming General Manager FY-2020 2nd quarter executive report

Sponsor: Louise Cornelius, Gaming General Manager

Accept the Intergovernmental Affairs, Communications, and Self-Governance

May 13, 2020 report

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Accept the Retail Enterprise FY-2020 2nd quarter executive report

Sponsor: Eric McLester, Retail General Manager

Accept the General Manager report

Sponsor: Debbie Thundercloud, General Manager

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

TABLED BUSINESS

Joint Marketing Standard Operating Procedures regarding Tickets &

Merchandise Distribution (tabled 4/8/20 – No requested action)

UNFINISHED BUSINESS

Determine next steps regarding Oneida Golf Enterprise requests

Sponsor: Eric McLester, Business Compliance Analyst

EXCERPT FROM APRIL 22, 2020: Motion by Lisa Summers to accept the Oneida

Golf Enterprise update and defer item #2 of the update to the May 13, 2020, regular

Business Committee meeting agenda, seconded by David P. Jordan. Motion

carried.

Accept the Human Resources Area Manager report

Sponsor: Geraldine Danforth, Area Manager/Human Resources

EXCERPT FROM APRIL 22, 2020: Motion by Lisa Summers to accept the Human

Resources Area Manager report as information and defer to the May 13, 2020,

regular Business Committee meeting agenda, seconded by Jennifer Webster.

Motion carried.

Oneida Business Committee

Regular Meeting Agenda

Page 3 of 4

May 13, 2020

Public Packet

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NEW BUSINESS

Retro-approve the attorney contract - Hawks Quindel SC - file # 2020-0343

Sponsor: Jo Anne House, Chief Counsel

Approve the attorney contract - Husch Blackwell LLP - file # 2020-0360

Sponsor: Jo Anne House, Chief Counsel

Approve the FY 2020 Section 105(l) lease modification and authorize the

Chairman to sign - file # 2019-1044, 2019-1045, 2019-1046, 2019-1047

Sponsor: Jennifer Webster, Councilwoman

Consider request to develop a request for proposal - financial systems

Sponsor: Trish King, Treasurer

Enter the e-poll results into the record regarding the authorized participation

in the Amicus Brief being developed by Hobbs Strauss

Sponsor: Lisa Summers, Secretary

Enter the e-poll results into the record regarding the approved participation in

the Amicus Brief being developed by Hawks Quindel, S.C.

Sponsor: Lisa Summers, Secretary

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364

or (800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

Page 4 of 4

May 13, 2020

Public Packet

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Approve the April 22, 2020, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

05/13/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☒ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

Public Packet

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DRAFT

Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, April 22, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EXECUTIVE SESSION

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa

Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster;

Not Present: n/a

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Melinda J. Danforth, Eric

McLester;

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa

Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster;

Not Present: n/a

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Melinda J. Danforth, Lisa Liggins,

Clorissa Santiago;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:40 a.m.

II.

OPENING (00:00:07)

Opening provided by Councilman Daniel Guzman King.

III.

ADOPT THE AGENDA (00:01:28)

Motion by Lisa Summers to adopt the agenda with one (1) change [add item X.A.2. Accept the Human

Resouces Area Manager report], seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 1 of 6

April 22, 2020

Public Packet

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DRAFT

IV.

MINUTES

Approve the April 8, 2020, regular Business Committee meeting minutes (00:02:21)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the April 8, 2020, regular Business Committee meeting minutes,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

RESOLUTIONS

Adopt resolution entitled Amendments to the Children's Burial Fund Policy

(00:02:53)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to adopt resolution 04-22-20-A Amendments to the Children's Burial Fund

Policy, seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Enter the e-poll results into the record regarding BC resolution # 04-16-20-A

Resolution to Add Coronavirus-Related Distributions to the Nation’s 401(k) Plans file # 2018-1487 (00:05:44)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to enter the e-poll results into the record regarding BC resolution # 04-1620-A Resolution to Add Coronavirus-Related Distributions to the Nation’s 401(k) Plans - file # 20181487, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

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April 22, 2020

Public Packet

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DRAFT

VI.

STANDING COMMITTEES

LEGISLATIVE OPERATING COMMITTEE

Accept the Children's Code Implementation six (6) month review (00:06:32)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the Children's Code Implementation six (6) month review and

request another review in six (6) months, seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

VII.

TABLED BUSINESS

Update and progress report regarding the implementation procedures for BC

resolution # 03-11-20-C 9 (tabled 4/8/20)

No action; item remains on the table.

VIII.

NEW BUSINESS

Accept the Professional Assessment Duration of COVID-19 Outbreak report

(00:15:03)

Sponsor: Kaylynn Gresham, Director/Emergency Management

Motion by Jennifer Webster to accept the Professional Assessment Duration of COVID-19 Outbreak

report, seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 3 of 6

April 22, 2020

Public Packet

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DRAFT

IX.

GENERAL TRIBAL COUNCIL

Determine next steps for the July 2020 semi-annual General Tribal Council

meeting (00:20:33); (00:26:10)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to defer this item to be addressed after executive session, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Item X. was addressed next.

Motion by Jennifer Webster to that, in the best interest of public health and safety [in accordance with

recommendations from the Professional Assessment Duration of COVID-19 Outbreak report - item

VIII.A of today's agenda], the 2020 semi-annual General Tribal Council meeting is delayed until such

time it is safe to hold a General Tribal Council meeting, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Motion by Jennifer Webster to direct the Secretary to monitor future alternative dates, noting that any

date that is identified is dependant upon the Public Health Officer report update, seconded by Lisa

Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Motion by Jennifer Webster to request a communication mailing to the membership that would include

the appropriate documents [1) the Professional Assessment Duration of COVID-19 Outbreak report;

and 2) the legal opinion dated April 22, 2020, regarding Consitutional Meetings; Elections - COVID-19

Pandemic], seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Item XI. was addressed next.

Oneida Business Committee

Regular Meeting Minutes

Page 4 of 6

April 22, 2020

Public Packet

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DRAFT

EXECUTIVE SESSION (00:22:40)

Motion by David P. Jordan to go into executive session at 9:03 a.m., seconded by Brandon Stevens.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Roll call for the record:

Present: Councilman Daniel Guzman King; Chairman Tehassi Hill; Councilman David P. Jordan;

Treasurer Trish King; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilman

Ernie Stevens III; Secretary Lisa Summers; Councilwoman Jennifer Webster;

Motion by David P. Jordan to come out of executive session at 11:49 a.m., seconded by Lisa

Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

REPORTS

Accept the Chief Counsel report (00:23:26)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lisa Summers to accept the Chief Counsel/IGAC report dated April 22, 2020, including the

identified follow up on the CARES Act litigation, the coorespondence between the Nation and the State

of WI, and the cooperative governance agreement between the Nation and the City of Green Bay,

seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Motion by Lisa Summers to accept the legal opinion [dated April 22, 2020] regarding Constitutional

Meetings; Elections - COVID-19 Pandemic and to release the opinion to open session under item IX.A.

Determine next steps for the July 2020 semi-annual meeting, seconded by Brandon Stevens. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

TABLED BUSINESS

Joint Marketing Standard Operating

Merchandise Distribution (tabled 4/8/20)

Procedures

regarding

Tickets

No action; item remains on the table.

Oneida Business Committee

Regular Meeting Minutes

Page 5 of 6

April 22, 2020

Public Packet

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DRAFT

NEW BUSINESS

Determine next steps regarding three (3) items for Oneida Golf Enterprise

(00:25:10)

Sponsor: Eric McLester, Business Compliance Analyst

Motion by Lisa Summers to accept the Oneida Golf Enterprise update and defer item #2 of the update

to the May 13, 2020, regular Business Committee meeting agenda, seconded by David P. Jordan.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Accept the Human Resources Area Manager report (00:25:35)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Motion by Lisa Summers to accept the Human Resources Area Manager report as information and

defer to the May 13, 2020, regular Business Committee meeting agenda, seconded by Jennifer

Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Item IX.A. was addressed next.

XI.

ADJOURN (00:32:55)

Motion by Daniel Guzman King to adjourn at 11:59 a.m., seconded by Ernie Stevens III. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 6 of 6

April 22, 2020

Public Packet

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Approve the May 6, 2020, special Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

05/11/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☒ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

Public Packet

13 of 263

DRAFT

Oneida Business Committee

Special Meeting

1:30 PM Wednesday, May 06, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

SPECIAL MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa

Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III,

Jennifer Webster;

Not Present: n/a

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins, Ralinda NinhamLamberies, Louise Cornelius, Chad Fuss;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 1:40 p.m.

II.

OPENING (00:00:15)

Opening provided by Chairman Tehassi Hill.

III.

ADOPT THE AGENDA (00:03:48)

Motion by David P. Jordan to adopt the agenda as presented, seconded by Jennifer Webster. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

IV.

RESOLUTIONS

Extension of Declaration of Public Health State of Emergency Until June 11, 2020

(00:04:20)

Sponsor: Tehassi Hill, Chairman

Motion by Lisa Summers to adopt resolution 05-06-20-A Extension of Declaration of Public Health

State of Emergency Until June 11, 2020 with two (2) noted changes [1) in line 34, update the figure to

reflect today's count; and 2) include language "within Oneida Nation jurisdiction"], seconded by Daniel

Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Special Meeting Minutes

Page 1 of 3

May 06, 2020

Public Packet

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DRAFT

NEW BUSINESS

Approve the Gaming operations re-opening date (00:23:47); (00:26:00)

Sponsor: Louise Cornelius, Gaming General Manager

Motion by Lisa Summers to defer this item until after Executive Session, seconded by Brandon

Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Item VI. was addressed next.

Motion by Kirby Metoxen to accept the Gaming operations re-opening safety plans and defer the

Gaming operations re-opening date to the May 13, 2020, regular Business Committee meeting

agenda, seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Item VII. was addressed next.

VI.

EXECUTIVE SESSION (00:24:20)

Motion by David P. Jordan to go into executive session at 2:05 p.m., seconded by Daniel Guzman

King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Motion by David P. Jordan to come out of executive session at 4:57 p.m., seconded by Ernie Stevens

III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Roll call for the record:

Present: Councilman Daniel Guzman King; Chairman Tehassi Hill; Councilman David P. Jordan;

Treasurer Trish King; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilman

Ernie Stevens III; Secretary Lisa Summers; Councilwoman Jennifer Webster;

NEW BUSINESS

Review the Gaming operations re-opening plans (00:25:00)

Sponsor: Louise Cornelius, Gaming General Manager

Motion by Jennifer Webster to accept the discussion regarding the Gaming operations re-opening

plans as information, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Oneida Business Committee

Special Meeting Minutes

Page 2 of 3

May 06, 2020

Public Packet

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DRAFT

Review the Paycheck Protection Program report/information and determine

next steps (00:25:29)

Sponsor: Trish King, Treasurer

Motion by Trish King to accept the discussion regarding the Paycheck Protection Program

report/information as information, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Item V.A. was addressed next.

VII.

ADJOURN (00:26:45)

Motion by David P. Jordan to adjourn at 4:59 p.m., seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Special Meeting Minutes

Page 3 of 3

May 06, 2020

Public Packet

16 of 263

Oneida Business Committee Agenda Request

Adopt resolution entitled Amendments to the Curfew Law

1. Meeting Date Requested:

/ 13 / 20

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

Adopt the resolution "Amendments to the Curfew Law"

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Adoption Packet

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, Councilmember

Primary Requestor/Submitter:

Clorissa N. Santiago, LRO Senior Staff Attorney

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

David P. Jordan, LOC Chairperson

May 13, 2020

Curfew Law Amendments

Please find the following attached backup documentation for your consideration of the proposed

amendments to the Curfew law:

Resolution: Amendments to the Curfew Law

Statement of Effect: Amendments to the Curfew Law

Curfew Law Amendments Legislative Analysis

Curfew Law Amendments (Redline)

Curfew Law Amendments (Clean)

Curfew Law Fiscal Impact Statement

Overview

On February 5, 2020, the Legislative Operating Committee (LOC) added the Curfew law

amendments to its Active Files List upon recommendation by the Oneida Law Office. The purpose

of the Curfew law is to protect the health, safety, and welfare of persons and property within the

Reservation by regulating the activities of minors on the Reservation during certain hours, while

imposing certain obligations and responsibilities upon the parents, guardians, and/or legal

custodians of a minor for the control and supervision of that minor. [3 O.C. 308.1-1].

This resolution adopts amendments to the Curfew law which will:

 Remove an incorrect reference to the Nation’s territorial jurisdiction as the Nation’s

territorial jurisdiction is provided by the Constitution and Bylaws of the Oneida Nation and

the Nation’s Judiciary law; and

 Remove a duplicative provision regarding personal jurisdiction as personal jurisdiction is

already provided by the Nation’s Judiciary law.

The Legislative Operating Committee developed the proposed amendments to the Curfew law

through collaboration with representatives from the Oneida Law Office.

In accordance with the Legislative Procedures Act, a public meeting on the proposed amendments

to the Curfew law was scheduled for April 2, 2020. After the public meeting was scheduled, the

world was hit with a COVID-19 pandemic resulting in many countries experiencing the effects of

health issues and mortality related to COVID-19 and vast economic impacts. On March 12, 2020,

Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding

COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020.

This Public Health State of emergency was extended through May 12, 2020, through the adoption

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of resolution BC-03-28-20-A. On March 24, 2020, the Nation’s COVID-19 Core Decision Making

Team issued a “Safer at Home” declaration which orders all individuals present within the Oneida

Reservation to stay at home or at their place of residence, with certain exceptions allowed. This

declaration prohibits all public gatherings of any number of people. Then on March 27, 2020, the

Nation’s COVID-19 Core Decision Making Team issued a “Suspension of Public Meetings under

the Legislative Procedures Act” declaration which suspended the Legislative Procedures Act's

requirement to hold a public meeting during the public comment period, but allows members of

the community to still participate in the legislative process by submitting written comments,

questions, data, or input on proposed legislation to the Legislative Operating Committee via e-mail

during the public comment period. On March 30, 2020, the Legislative Operating Committee

provided additional notice that the April 2, 2020, public meeting was canceled.

Although the April 2, 2020, public meeting for the proposed amendments to the Curfew law was

canceled, the public comment period was still held open until April 9, 2020, for the submission of

written comments. No written comments were received during the public comment period.

Requested Action

Approve the Resolution: Amendments to the Curfew Law

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # _____________

Amendments to the Curfew Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Curfew law (‘the Law”) was adopted by the Oneida Business Committee through

resolution BC-10-09-19-F; and

WHEREAS,

the purpose of the Law is to protect the health, safety, and welfare of persons and property

within the Reservation by regulating the activities of minors on the Reservation during

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

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

and

WHEREAS,

the Legislative Operating Committee worked collaboratively with representatives from the

Oneida Law Office to develop the amendments to this Law; and

WHEREAS,

the amendments to the Law remove an incorrect reference to the Nation’s territorial

jurisdiction, as the Nation’s territorial jurisdiction is provided by the Constitution and Bylaws

of the Oneida Nation and the Nation’s Judiciary law; and

WHEREAS,

the amendments to the Law remove a duplicative provision regarding personal jurisdiction

as personal jurisdiction is already provided by the Nation’s Judiciary law; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were completed for the amendments to the Law; and

WHEREAS,

a public meeting on the proposed amendments to this Law was scheduled for April 2, 2020,

in accordance with the Legislative Procedures Act, with the public comment period set to

be held open until April 9, 2020; and

WHEREAS,

after the public meeting was scheduled, the world was hit with a COVID-19 pandemic

resulting in many countries experiencing the effects of health issues and mortality related

to COVID-19 and vast economic impacts; and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19 which declared a Public Health State of Emergency for

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BC Resolution # _______

Amendments to the Curfew Law

Page 2 of 2

the Nation until April 12, 2020, which was then extended through May 12, 2020, through

the adoption of resolution BC-03-28-20-A; and

WHEREAS,

on March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer

at Home” declaration which prohibits all public gatherings of any number of people and

orders all individuals present within the Oneida Reservation to stay at home or at their

place of residence, with certain exceptions allowed; and

WHEREAS,

on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during

the public comment period, but allows members of the community to still participate in the

legislative process by submitting written comments, questions, data, or input on proposed

legislation to the Legislative Operating Committee via e-mail during the public comment

period; and

WHEREAS,

on March 30, 2020, the Legislative Operating Committee provided additional notice that

the April 2, 2020, public meeting was canceled; and

WHEREAS,

although the April 2, 2020, public meeting was canceled, the public comment period was

still held open until April 9, 2020; and

NOW THEREFORE BE IT RESOLVED, that the amendments to the Curfew law are hereby adopted and

shall be effective on May 29, 2020.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Amendments to the Curfew Law

Summary

This resolution adopts amendments to the Curfew law which remove an erroneous reference to the

Nation’s territorial jurisdiction and remove a duplicative reference to personal jurisdiction.

Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office

Date: May 4, 2020

Analysis by the Legislative Reference Office

The Curfew law was adopted by the Oneida Business Committee for the purpose of protecting 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]

This resolution seeks amendments to the Curfew law which will:

 Remove an incorrect reference to the Nation’s territorial jurisdiction, as the Nation’s

territorial jurisdiction is provided by the Constitution and Bylaws of the Oneida Nation and

the Nation’s Judiciary law; and

 Remove a duplicative provision regarding personal jurisdiction as personal jurisdiction is

already provided by the Nation’s Judiciary law.

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the

purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.

109.1-1]. The LPA requires that for all proposed legislation both a legislative and fiscal analysis

be developed. [1 O.C. 109.6 and 109.7]. The proposed amendments to the Curfew law comply

with these requirements.

The LPA also requires that there be an opportunity for public review during a public meeting and

public comment period. [1 O.C. 109.8]. In accordance with the LPA, a public meeting on the

proposed amendments to the Curfew law was scheduled for April 2, 2020, with the public

comment period set to be held open until April 9, 2020.

After the public meeting was scheduled, the world was hit with a COVID-19 pandemic resulting

in many countries experiencing the effects of health issues and mortality related to COVID-19 and

vast economic impacts. In accordance with the Emergency Management and Homeland Security

law, on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the

Nation until April 12, 2020. [3 O.C. 302.8-1].

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On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the

Emergency Management and Homeland Security law to create and delegate authority to a COVID19 Core Decision Making Team (“COVID-19 Team”). [3 O.C. 302.10]. When a public health

emergency has been declared, the COVID-19 Team has the authority to declare exceptions to the

Nation’s laws, policies, procedures, regulations, or standard operating procedures during the

emergency period which will be of immediate impact for the purposes of protecting the health

safety, and general welfare of the Nation’s community, members, and employees. [3 O.C. 302.102]. These declarations remain in effect for the duration of the Public Health State of Emergency.

[3 O.C. 302.10-3].

On March 24, 2020, the Nation’s COVID-19 Team made a “Safer at Home” declaration which

prohibits all public gatherings of any number of people and orders all individuals present within

the Oneida Reservation to stay at home or at their place of residence, with certain exceptions

allowed.

Then on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during the public

comment period, but allows members of the community to still participate in the legislative process

by submitting written comments, questions, data, or input on proposed legislation to the

Legislative Operating Committee via e-mail during the public comment period.

On March 28, 2020, the Oneida Business Committee took action to extend the Public Health State

of Emergency through May 12, 2020, through the adoption of resolution BC-03-28-20-A.

On March 30, 2020, the Legislative Operating Committee provided additional notice that the April

2, 2020, public meeting was canceled. Although the April 2, 2020, public meeting for the Curfew

law amendments was canceled, the public comment period was still held open until April 9, 2020.

Adoption of this resolution complies with the process and procedures of the LPA as it has been

modified by the COVID-19 Team’s “Suspension of Public Meetings under the Legislative

Procedures Act” declaration.

This resolution provides that the amendments to the Curfew law would become effective on May

29, 2020, in accordance with the LPA. [1 O.C. 109.9-3].

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws. Adoption of this

resolution complies with the Legislative Procedures Act as it has been modified by the COVID19 Core Decision Making Team’s “Suspension of Public Meetings under the Legislative

Procedures Act” declaration.

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AMENDMENTS TO CURFEW LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

Amendments

Purpose

Affected Entities

Related Legislation

Public Meeting

Fiscal Impact

Remove an incorrect reference to the Nation’s territorial jurisdiction as the

Nation’s territorial jurisdiction is provided by the Constitution and Bylaws

of the Oneida Nation and the Nation’s Judiciary law; and

▪ Remove a duplicative provision regarding personal jurisdiction as personal

jurisdiction is already provided by the Nation’s Judiciary law.

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].

Oneida Police Department and Oneida Family Court

Judiciary law, Citations law

Although the April 2, 2020, public meeting was canceled due to the Nation’s

COVID-19 Core Decision Making Team’s declaration titled, “Suspension of

Public Meetings under the Legislative Procedures Act,” the public comment

period was still held open until April 9, 2020.

A fiscal impact statement was provided by the Finance Department on April 27,

2020.

▪

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Curfew law was first adopted by the Oneida Business Committee on October 9,

2019, for the purpose of protecting 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].

B. Upon a review of the Nation’s Code of Laws, the Oneida Law Office and Legislative Operating

Committee (LOC) identified references to the Nation’s jurisdiction that were either inaccurate or

duplicative. In consultation with the Oneida Law Office, the LOC proposes technical amendments to

the Curfew law to remove these inaccurate or unnecessary references. The intent of these changes is

not to alter how the Curfew law is currently being enforced, but to ensure that all references to

jurisdiction in the Nation’s Code of Laws are accurate.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of this law

and legislative analysis: Oneida Law Office.

B. The following laws were reviewed in the drafting of this analysis: Judiciary law, Domestic Animals

law, Oneida Nation Gaming Ordinance, Tribal Environmental Response law, Judiciary Rules of

Evidence, and Citations law.

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SECTION 4. PROCESS

A. The amendments to this law have followed the process set forth in the Legislative Procedures Act.

▪ The LOC added the amendments to the Active Files List on February 5, 2020.

▪ A public meeting was scheduled for April 2, 2020.

▪ On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension of

Public Meetings under the Legislative Procedures Act” declaration which suspended the

Legislative Procedures Act's requirement to hold a public meeting during the public comment

period.

▪ The public comment period for the amendments to the Curfew law was held open until April 9,

2020.

▪ A fiscal impact statement was provided by the Finance Department on April 27, 2020.

B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of these amendments:

▪ February 19, 2020: LOC work meeting.

▪ April 15, 2020: LOC work meeting.

▪ April 23, 2020: LOC work meeting.

C. COVID-19 Pandemic’s Effect on the Legislative Process. The public meeting for the proposed

amendments to this law was canceled due to the COVID-19 pandemic.

▪ On March 4, 2020, the Legislative Operating Committee approved the public meeting packet and

forwarded the Curfew law amendments to a public meeting to be held on April 2, 2020. The public

comment period was scheduled to remain open until April 9, 2020.

▪ After the public meeting was scheduled, the world was hit with a COVID-19 pandemic resulting

in many countries experiencing the effects of health issues and mortality related to COVID-19 and

vast economic impacts.

▪ On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the

Nation until April 12, 2020, and set into place the necessary authority for action to be taken and

allows the Nation to seek reimbursement of emergency management actions that may result in

unexpected expenses.

▪ On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at

Home” declaration which orders all individuals present within the Oneida Reservation to stay at

home or at their place of residence, with certain exceptions allowed. This declaration prohibits all

public gatherings of any number of people.

▪ Then on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during the public

comment period, but allows members of the community to still participate in the legislative process

by submitting written comments, questions, data, or input on proposed legislation to the Legislative

Operating Committee via e-mail during the public comment period.

▪ On March 28, 2020 the Oneida Business Committee adopted resolution BC-03-28-20-A titled,

“Extension of March 12th Declaration of Public Health State of Emergency” which extended the

Nation’s Public Health State of Emergency declaration until May 12, 2020.

▪ On March 30, 2020, the Legislative Operating Committee provided additional notice that the April

2, 2020, public meeting was canceled.

▪ The public comment period was still held open until April 9, 2020. No written comments were

received during the public comment period.

SECTION 5. CONTENTS OF THE LEGISLATION

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A. Deletion of Territorial Jurisdiction Section. These amendments delete an incorrect reference to the

Nation’s territorial jurisdiction for this law. The Curfew law incorrectly states that the territorial

jurisdiction of this law is limited to land owned by the Nation or individual trust and/or fee land of a

member of the Nation.

▪ Territorial Jurisdiction. The Nation’s territorial jurisdiction is properly defined in the Constitution

and Bylaws of the Oneida Nation and the Nation’s Judiciary law (see below).

▪ Conclusion. Since the reference included in the Curfew law is inaccurate, unnecessary and already

located in the Nation’s Constitution and Judiciary law, it has been deleted for clarity.

Table 1. Comparison: Territorial Jurisdiction as Referenced in Constitution and Laws of the Nation.

Deleted

Language

in Language in Constitution of Language in Judiciary law

Current Curfew law

the Oneida Nation

This law extends within the The jurisdiction of the Oneida “The territorial jurisdiction of the

Reservation to all land Nation shall extend to the Trial Court shall extend to the

owned by the Nation and territory within the present Reservation and all lands held in

individual trust and/or fee confines of the Oneida trust by the United States for the

land of a member of the Reservation and to such other benefit of the Tribe within the State

Nation [3 O.C. 308.4-3].

lands as may be hereafter added of Wisconsin.” [8 O.C. 801.5-3].

thereto within or without said

boundary lines under any law

of the United States, except as

otherwise provided by law

[Article 1 – Territory]

B. Deletion of Personal Jurisdiction Section. These amendments also delete references to the Nation’s

personal jurisdiction from this law. The personal jurisdiction of the Nation is already provided for in

the Nation’s Judiciary law.

▪ Personal Jurisdiction. The Judiciary law already clarifies that the Nation has personal jurisdiction

over members of the Oneida Nation, members of other federally-recognized Indian tribes, and any

“non-Indians” who have consented to the jurisdiction of the Nation (examples include a contract

or lease agreement.)

▪ Conclusion. Since the Nation’s personal jurisdiction is already provided for in the Judiciary law, it

has been deleted from this law for clarity.

Table 2. Comparison: Personal Jurisdiction in laws of the Nation.

Deleted Language in Current Curfew law

Language in Judiciary law

Personal Jurisdiction. This law applies to:

Personal Jurisdiction

(a) All members of the Nation; the (a) Indians. The Trial Court shall have

Nation’s entities and corporations; and jurisdiction over all Indians. 8 O.C. 801 – Page

members of other federally-recognized 5 (b) Non-Indians. The Trial Court shall have

tribes;

jurisdiction over non-Indians who have

(b) Individuals and businesses leasing, consented to the jurisdiction of the Tribe or Trial

occupying or otherwise using fee land Court or as otherwise consistent with federal

owned by the Nation or by individual law.

members of the Nation; and/or lands held

(1) Consent to Jurisdiction. For

in trust on behalf of the Nation or

purposes of subsection 801.5-4(b)

individual members of the Nation; and

above, a person shall have consented to

the jurisdiction of the Trial Court by:

jurisdiction of the Nation or as otherwise

(A) entering into a consensual

consistent with federal law. An individual

relationship with the Tribe,

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shall be considered to have consented to

the jurisdiction of the Nation:

(1) By entering into a consensual

relationship with the Nation, or

with the Nation’s entities,

corporations, or members of the

Nation, including but not limited

to contracts or other agreements;

(2) By other facts which manifest

an intent to consent to the

authority of the Nation, including

failure to raise an objection to the

exercise of personal jurisdiction in

a timely manner. [3 O.C. 304.4-1].

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SECTION 6. EXISTING LEGISLATION

Tribal

entities,

Tribal

corporations,

Tribal

members, including but not

limited to contracts or other

agreements; or

(B) other facts which the Trial

Court determines manifest an

intent to consent to the

authority of the Tribe or the

jurisdiction of the Trial Court,

including failure to raise an

objection to the exercise of

personal jurisdiction in a timely

manner. [8 O.C. 801.5-4].

A. References to Territorial Jurisdiction in Other Oneida laws. The following laws of the Nation also

include references to the Nation’s territorial jurisdiction:

▪ Domestic Animals law. The Domestic Animals law provides that “This law extends within the

Reservation to all land owned by the Nation and individual trust and/or fee land of a member of the

Nation.” [3 O.C. 304.4-2].

▪ The reference to territorial jurisdiction in the Domestic Animals law is similar to the

provision that was included in this Law, and therefore is also erroneous. The LOC has

added the Domestic Animals law to its Active Files List for amendments to address this

issue.

▪ Judiciary law. The Judiciary law provides “The territorial jurisdiction of the Trial Court shall

extend to the Reservation and all lands held in trust by the United States for the benefit of the Tribe

within the State of Wisconsin.” [8 O.C. 801.5-3].

▪ The reference to territorial jurisdiction in the Judiciary law is correct and no amendments

are necessary.

▪ Oneida Nation Gaming Ordinance. The Oneida Nation Gaming Ordinance provides “This

Ordinance extends to all land within the exterior boundaries of the Reservation of the Tribe, as

established pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and any lands added thereto

pursuant to federal law.” [5 O.C. 501.3-1].

▪ The reference to territorial jurisdiction in the Oneida Nation Gaming Ordinance is correct

and no amendments are necessary.

▪ Tribal Environmental Response law. The Tribal Environmental Response law provides “This law

extends to all land within the exterior boundaries of the Reservation of the Nation, as established

pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, any lands added thereto pursuant to federal

law and all lands held in trust for the Nation within the State of Wisconsin.” [4 O.C. 401.4-2].

▪ The reference to territorial jurisdiction in the Tribal Environmental Response law is correct

and no amendments are necessary.

▪ Judiciary Rules of Evidence law. The Judiciary Rules of Evidence provides that “ The Court may

judicially notice a fact that shall not subject to reasonable dispute because it: (a) is generally known

within the Court’s territorial jurisdiction; or (b) may be accurately and readily determined from

sources whose accuracy cannot reasonably be questioned.” [8 O.C. 804.5-2(a)].

▪ The reference to territorial jurisdiction in the Judiciary Rules of Evidence is correct and no

amendments are necessary.

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B. References to other Laws of the Nation. The following laws of the Nation are referenced in this Law:

▪ Citations law. This Law provides that a citation for a violation of this Law shall be processed in

accordance with the procedure contained in the Nation’s laws and policies governing citations. [3

O.C. 308.6-3(b)].

▪ The Citations law is the Nation’s law governing citations. The Citations law provides how

a citation action is started – such as who has the authority to issue a citation, the

requirements of the form of the citation, and how a citation is served and filed; stipulations

for the settlement of a citation; and the citation hearing procedures. [8 O.C. 807].

▪ Any citations issued by the Oneida Police Department for a violation of this Law must

comply with the requirements and procedures of the Citations law.

▪ Hunting, Fishing and Trapping law. This Law provide that a minor shall not be in violation of the

curfew, if at the time of the alleged violation the minor was engaged in hunting, fishing, or trapping

in accordance with the laws, policies, and rules of the Nation. [3 O.C. 308.5-3(g)].

▪ The Hunting, Fishing and Trapping law provides an adequate and flexible system for the

protection, management, supervision, conservation, and enhancement of all wildlife and

natural resources on the reservation; as well as an enforceable system of licensing and

permitting which establishes clear rules pursuant to the Administrative Rulemaking law

related to hunting, fishing and trapping, and associated fines and penalties for violations of

this law and the said rules. [4 O.C. 406.1-1].

▪ A minor must be following all provisions of the Hunting, Fishing and Trapping law and

accompanying rules in order to receive the exemption for breaking curfew hours.

SECTION 7. ENFORCEMENT AND ACCOUNTABILITY

A. Enforcement. The Oneida Police Department is delegated the authority to enforce violations of curfew.

[3 O.C. 308.6-1]. The Oneida Police Department can issue warnings and citations for violations of this

Law. [3 O.C. 308.6-1].

B. Accountability. A minor and/or his or her parents, guardians, or legal custodians can be held

accountable by the Family Court for violations of curfew by the issuance of the following penalties:

▪ Fines;

▪ Community service;

▪ Participation in family counseling and/or parenting programs; and

▪ Any other penalty as deemed appropriate by the Family Court. [3 O.C. 308.7-1(a)-(d)].

C. Fine and Penalty Schedule Resolution. The Oneida Business Committee adopted a Curfew Law

Penalty and Fine Schedule through resolution BC-10-09-19-G. This resolution sets forth specific fine

amounts to be used by the Family Court if it is determined that a fine is the most appropriate penalty.

SECTION 8. OTHER CONSIDERATIONS

A. Fiscal Impact. A fiscal impact statement was provided by the Finance Department on April 27, 2020.

▪ Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

emergency legislation [1 O.C. 109.6-1].

▪ A fiscal impact statement shall be submitted by agencies as directed by the Legislative Operating

Committee and may be prepared by any agency who may receive funding if the legislation is

enacted; who may administer a program if the legislation is enacted; who may have financial

information concerning the subject matter of the legislation; or by the Finance Office, upon request

of the Legislative Operating Committee [1 O.C. 109.6-1(a) and (b)].

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Title 3. Health and Public Safety - Chapter 308

T<yethin<tshaw^=late> Kayanl^sla>

We’ll put our arms across to stop them

CURFEW

308.1. Purpose and Policy

308.2. Adoption, Amendment, Repeal

308.3. Definitions

308.4. Jurisdiction

308.5. Curfew

308.6. Enforcement of Curfew Violations

308.7. Penalties of Curfew Violations

308.1. Purpose and Policy

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

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

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

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

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

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

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

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

308.2. Adoption, Amendment, Repeal

308.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-09-19-F.,

and amended by resolution BC-__-__-__-__.

308.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

308.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

308.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

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

308.3. Definitions

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

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

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

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

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

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

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

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

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

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

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

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

recommendations as to adoption.

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

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

rights and responsibilities for the following:

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

custody is not with the person having legal custody;

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

interest; and

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

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

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

emergency medical care needs.

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

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

(g) “Nation” means the Oneida Nation.

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

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

any public lands.

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

(k) “Reservation” means all the property within the exterior boundaries of the Reservation

of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566,

and any lands added thereto pursuant to federal law.

308.4. Jurisdiction

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

under this law.

308.4-2. Personal Jurisdiction. This law applies to:

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

members of other federally-recognized tribes.

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

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

individual members of the Nation.

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

jurisdiction of the Nation:

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

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

contracts or other agreements; or

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

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

timely manner.

308.4-3. Territorial Jurisdiction. This law extends within the Reservation to all land owned by

the Nation and individual trust and/or fee land of a member of the Nation.

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308.5. Curfew

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

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

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

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

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

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

the Reservation.

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

the alleged violation the minor was:

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

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

home from employment;

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

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

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

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

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

of the Nation;

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

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

assembly;

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

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

officer.

308.6. Enforcement of Curfew Violations

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

Police Department in the following ways:

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

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

Department officer enforcing or attempting to enforce the provisions of this law.

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

violating curfew. The minor shall provide the Oneida Police Department officer

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

Oneida Police Department officer.

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

section 308.5-3 apply, the Oneida Police Department officer may take custody of the minor

for the purpose of returning such minor to the care and custody of a parent, guardian, or

legal custodian.

(d) Once the Oneida Police Department officer has taken the minor into his or her custody,

the minor shall provide the Oneida Police Department officer with contact information for

his or her parent, guardian, or legal custodian. The Oneida Police Department officer shall

contact the minor’s parent, guardian, or legal custodian to come and pick up the minor and

take the minor into his or her care and custody. If the minor’s parent, guardian, or legal

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custodian is unable to pick the minor up, then the Oneida Police Department officer may

bring the minor home to release the minor to the custody and care of the minor’s parent,

guardian, or legal custodian.

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

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

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

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

into the care and custody of such person.

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

officer for a curfew violation the Oneida Police Department officer shall provide the minor and

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

guardian, or legal custodian of the provisions of this law and that any subsequent curfew violations

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

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

Police Department officer for a curfew violation the Oneida Police Department officer may issue

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

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

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

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

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

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

308.7. Penalties of Curfew Violations

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

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

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

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

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

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

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

on final appeal, whichever is later.

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

an alternative payment plan is approved by the Family Court.

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

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

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

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

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

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

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

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

The Family Court shall give preference to culturally relevant community service

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

the individual’s community.

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

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

is monitored.

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

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

complete;

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

service assignment;

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

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

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

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

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

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

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

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

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

effect.

End.

Adopted – BC-10-09-19-F

Amended – BC-__-__-__-__

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