# Oneida Business Committee (2020)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ae26d881c08741e6c

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Public Packet

1 of 263

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.

I.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

MINUTES
A.

Approve the April 22, 2020, regular Business Committee meeting minutes
Sponsor: Lisa Summers, Secretary

B.

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

V.

VI.

2 of 263

RESOLUTIONS
A.

Adopt resolution entitled Amendments to the Curfew Law
Sponsor: David P. Jordan, Councilman

B.

Adopt resolution entitled Amendments to the Domestic Animals Law
Sponsor: David P. Jordan, Councilman

C.

Adopt resolution entitled Amended Domestic Animals Law Fine, Penalty, and
Licensing Fee Schedule
Sponsor: David P. Jordan, Councilman

D.

Adopt resolution entitled Amendments to the Oneida Food Services Law
Sponsor: David P. Jordan, Councilman

E.

Adopt resolution entitled Oneida Food Service Law Fine, Penalty, and Licensing Fee
Schedule
Sponsor: David P. Jordan, Councilman

F.

Adopt resolution entitled Pardon and Forgiveness Law Application Fee
Sponsor: Lisa Summers, Secretary

G.

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

H.

Adopt resolution entitled Adoption of Emergency Amendments to the Election Law
Sponsor: David P. Jordan, Councilman

I.

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
A.

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
A.

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.

3 of 263

NEW BUSINESS
A.

Consider request from the Oneida Election Board regarding the 2020 Primary
Election
Sponsor: Shannon Metoxen, Interim Chair/Oneida Election Board

B.

Research Request: Tate-Univ. of Wisconsin/Madison-Contemporary Culture - Review
recommendation and determine next steps
Sponsor: Jo Anne House, Chief Counsel

EXECUTIVE SESSION
A.

B.

REPORTS
1.

Accept the Gaming General Manager FY-2020 2nd quarter executive report
Sponsor: Louise Cornelius, Gaming General Manager

2.

Accept the Intergovernmental Affairs, Communications, and Self-Governance
May 13, 2020 report
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

3.

Accept the Retail Enterprise FY-2020 2nd quarter executive report
Sponsor: Eric McLester, Retail General Manager

4.

Accept the General Manager report
Sponsor: Debbie Thundercloud, General Manager

5.

Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel

TABLED BUSINESS
1.

C.

Joint Marketing Standard Operating Procedures regarding Tickets &
Merchandise Distribution (tabled 4/8/20 – No requested action)

UNFINISHED BUSINESS
1.

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.

2.

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

4 of 263

D.

X.

NEW BUSINESS
1.

Retro-approve the attorney contract - Hawks Quindel SC - file # 2020-0343
Sponsor: Jo Anne House, Chief Counsel

2.

Approve the attorney contract - Husch Blackwell LLP - file # 2020-0360
Sponsor: Jo Anne House, Chief Counsel

3.

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

4.

Consider request to develop a request for proposal - financial systems
Sponsor: Trish King, Treasurer

5.

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

6.

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

6 of 263

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;

I.

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

7 of 263

DRAFT
IV.

MINUTES
A.

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

V.

RESOLUTIONS
A.

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
B.

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
Page 2 of 6

April 22, 2020

Public Packet

8 of 263

DRAFT
VI.

STANDING COMMITTEES
A.

LEGISLATIVE OPERATING COMMITTEE
1.

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
A.

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
A.

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
A.

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
X.

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
A.

REPORTS
1.

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
B.

TABLED BUSINESS
1.

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
C.

NEW BUSINESS
1.

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
2.

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

12 of 263

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;

I.

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
A.

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
V.

NEW BUSINESS
A.

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;
A.

NEW BUSINESS
1.

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
2.

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

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Oneida Business Committee Agenda Request

Adopt resolution entitled Amendments to the Curfew Law
1. Meeting Date Requested:

5

/ 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

3.

2.

4.

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

17 of 263
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:
1.
2.
3.
4.
5.
6.

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
Page 1 of 2

Public Packet

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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

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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
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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

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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
(c) Individuals who have consented to the
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;
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. [3 O.C. 304.4-1].

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SECTION 6. EXISTING LEGISLATION

Tribal
entities,
Tribal
corporations,
or
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 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

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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.
(c) “Guardian” means the person, department, and/or agency appointed the duty and
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.
(c) Individuals who have consented to the jurisdiction of the Nation or as otherwise
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;
(c) engaged in interstate travel;
(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.
(c) If the Oneida Police Department officer reasonably believes based on the totality of the
circumstances that a violation of curfew has occurred and not one of the exemptions in
section 308.5-3 apply, the Oneida Police 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.
(c) All citations for violations of this law require a mandatory appearance at the citation
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;
(C) how the individual shall obtain approval for his or her community
service assignment;
(D) how the individual shall report his or her hours; and
(E) any other information the Family Court determines is relevant.
(c) Family counseling and/or parenting programs. An individual may be ordered to
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-__-__-__-__

3. O.C. 308 – Page 5

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Title 3. Health and Public Safety - Chapter 308
T 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

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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.
(c) “Guardian” means the person, department, and/or agency appointed the duty and
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.
308.5. 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;
(c) engaged in interstate travel;
(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;
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(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.
(c) If the Oneida Police Department officer reasonably believes based on the totality of the
circumstances that a violation of curfew has occurred and not one of the exemptions in
section 308.5-3 apply, the Oneida Police 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
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.
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(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.
(c) All citations for violations of this law require a mandatory appearance at the citation
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.
(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;
(C) how the individual shall obtain approval for his or her community
service assignment;
(D) how the individual shall report his or her hours; and
(E) any other information the Family Court determines is relevant.
(c) Family counseling and/or parenting programs. An individual may be ordered to
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.
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End.
Adopted – BC-10-09-19-F
Amended – BC-__-__-__-__

3. O.C. 308 – Page 5

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FINANCE ADMINISTRATION
Fiscal Impact Statement

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MEMORANDUM
TO:

Lawrence Barton, Chief Financial Officer

FROM:

RaLinda Ninham-Lamberies, Assistant Chief Financial Officer

DATE:

April 27, 2020

RE:

Fiscal Impact of the Curfew Law Amendment

I.
Estimated Fiscal Impact Summary
Law: Curfew Law
Implementing Agency

Oneida Police Department
Oneida Judiciary

Estimated time to comply
Estimated Impact
Total Estimated Fiscal Impact

10 days, in compliance with the Legislative Procedures Act
Current Fiscal Year
10 Year Estimate
None
None

II.

Background
A. Legislative History
This law was adopted by the Oneida Business Committee by resolution BC-10-09-19F. The required Curfew Law Penalty and Fine Schedule was adopted by the Oneida
Business Committee by resolution BC-10-09-19-G.
B. Summary of Content
The amendment corrects a reference to the Nation’s territorial jurisdiction and deletes
reference to the Nation’s personal jurisdiction.

III.

Methodology and Assumptions
A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year
financial effects associated with legislation and includes startup costs, personnel, office,

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documentation costs, as well as an estimate of the amount of time necessary for an
agency to comply with the Law after implementation.
Finance does NOT identify the source of funding for the estimated cost or allocate any
funds to the legislation.
The analysis was completed based on the information provided as of the date of this
memo.
IV.

Executive Summary of Findings
•

The Curfew Law incorrectly states the territorial jurisdiction is limited to land owned by
the Nation or individual trust and/or fee land of a member of the Nation. The Nation’s
jurisdiction is defined in the Constitution and By-Laws of the Nation and the Nation’s
Judiciary. The amendment deletes the incorrect reference.

•

The amendment deletes reference to the Nation’s personal jurisdiction in the Curfew
Law. The Judiciary law already defines the Nation’s personal jurisdiction over members
of the Oneida Nation, members of other federally recognized Indian tribes, and any “nonIndians” consenting to the jurisdiction of the Nation.

V.

Agency
There are no startup, personnel, office or documentation costs associated with this
legislation. The amendments will become effective 10 days from adoption.

VI.

Financial Impact
No impact.

VII.

Recommendation
Finance Department does not make a recommendation in regard to course of action in
this matter. Rather, it is the purpose of this report to disclose potential financial impact of
this legislation, so that the Oneida Business Committee and General Tribal Council has
the information with which to render a decision.

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Oneida Business Committee Agenda Request

Adopt resolution entitled Amendments to the Domestic Animals Law
1. Meeting Date Requested:

5

/ 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 Domestic Animals Law"

3. Supporting Materials
Report

Resolution

Contract

Other:
1. Adoption Packet

3.

2.

4.

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.

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Unbudgeted

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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
Domestic Animals Law Amendments

Please find the following attached backup documentation for your consideration of the proposed
amendments to the Domestic Animals law:
1.
2.
3.
4.
5.
6.

Resolution: Amendments to the Domestic Animals Law
Statement of Effect: Amendments to the Domestic Animals Law
Domestic Animals Law Amendments Legislative Analysis
Domestic Animals Law Amendments (Redline)
Domestic Animals Law Amendments (Clean)
Domestic Animals Law Fiscal Impact Statement

Overview
On February 5, 2020, the Legislative Operating Committee (LOC) added the Domestic Animals
law amendments to its Active Files List upon recommendation by the Oneida Law Office. The
purpose of the Domestic Animals law is to protect the health, safety, and welfare of the community
by requiring certain basic measures to prevent the spread of disease carried by domestic animals;
set minimum standards for treatment of animals; prohibit certain species of animals from being
brought onto the Reservation; regulate the keeping of livestock on lots zoned residential with in
the Reservation; and establish consequences for damages caused by domestic animals. [3 O.C.
304.1-1].
This resolution adopts amendments to the Domestic Animals 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;
 Remove a duplicative provision regarding personal jurisdiction as personal jurisdiction is
already provided by the Nation’s Judiciary law;
 Remove a duplicative provision regarding the citation process as the citation process is
provided by the Nation’s Citations law; and
 Include a new provision that prohibits the abandonment of an animal.
The Legislative Operating Committee developed the proposed amendments to the Domestic
Animals law through collaboration with representatives from the Oneida Law Office, and Oneida
Police Department.
In accordance with the Legislative Procedures Act, a public meeting on the proposed amendments
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to the Domestic Animals 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 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 Domestic Animals
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 Domestic Animals Law

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Oneida Nation
Post Office Box 365
Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # _____________
Amendments to the Domestic Animals 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 Domestic Animals law (‘the Law”) was adopted by the Oneida Business Committee
through resolution BC-03-13-96-B, and then amended through resolutions BC-06-22-11G, BC-06-28-17-B, and BC-05-08-19-C; and

WHEREAS,

the purpose of the Law is to protect the health, safety, and welfare of the community by
requiring certain basic measures to prevent the spread of disease carried by domestic
animals; set minimum standards for treatment of animals; prohibit certain species of
animals from being brought onto the Reservation; regulate the keeping of livestock on lots
zoned residential with in the Reservation; and establish consequences for damages
caused by domestic animals; and

WHEREAS,

the Legislative Operating Committee worked collaboratively with representatives from the
Oneida Law Office and Oneida Police Department 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,

the amendments to the Law remove a duplicative provision regarding the citation process
as the citation process is provided by the Nation’s Citations law; and

WHEREAS,

the amendments to the Law include a new provision that prohibits the abandonment of an
animal; 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

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BC Resolution # _______
Amendments to the Domestic Animals Law
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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
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 Domestic Animals 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 Domestic Animals Law
Summary
This resolution adopts amendments to the Domestic Animals law which remove an erroneous
reference to the Nation’s territorial jurisdiction, remove a duplicative reference to personal
jurisdiction, remove a duplicative reference to the citations process, and add a new provision
prohibiting the abandonment of animals.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: May 4, 2020
Analysis by the Legislative Reference Office
The Domestic Animals law was adopted by the Oneida Business Committee for the purpose of
protecting the health, safety, and welfare of the community by requiring certain basic measures to
prevent the spread of disease carried by domestic animals; setting minimum standards for
treatment of animals; prohibit certain species of animals from being brought onto the Reservation;
regulating the keeping of livestock on lots zoned residential with in the Reservation; and
establishing consequences for damages caused by domestic animals [3 O.C. 304.1-1].
This resolution seeks amendments to the Domestic Animals 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;
 Remove a duplicative provision regarding personal jurisdiction as personal jurisdiction is
already provided by the Nation’s Judiciary law;
 Remove a duplicative provision regarding the citation process as the citation process is
provided by the Nation’s Citations law; and
 Include a new provision prohibiting the abandonment of an animal. [3 O.C. 304.5-5].
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 Domestic Animals 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 Domestic Animals law was scheduled for April 2, 2020, with the
public comment period set to be held open until April 9, 2020.

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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].
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 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 Domestic
Animals 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 Domestic Animals law would become
effective on May 29, 2020, in accordance with the LPA. [1 O.C. 109.9-3].

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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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Analysis to Draft 2 for OBC Consideration
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AMENDMENTS TO
DOMESTIC ANIMALS LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Amendments

Purpose

Affected Entities

Related Legislation
Public Meeting

Fiscal Impact

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Analysis by the Legislative Reference Office
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;
 Remove a duplicative provision regarding personal jurisdiction as personal
jurisdiction is already provided by the Nation’s Judiciary law;
 Remove a duplicative provision regarding the citation process as the citation
process is provided by the Nation’s Citations law; and
 Include a provision prohibiting the abandonment of an animal.
To protect the health, safety, and welfare of the community by requiring certain
basic measures to prevent the spread of disease carried by domestic animals; set
minimum standards for treatment of animals; prohibit certain species of animals
from being brought onto the Reservation; regulate the keeping of livestock on
lots zoned residential with in the Reservation; and establish consequences for
damages caused by domestic animals [3 O.C. 304.1-1].
Oneida Police Department; Oneida Environmental Health, Safety and Land
Division; Oneida Conservation Department; Oneida Environmental Resource
Board; Oneida Comprehensive Health Division, Oneida Land Commission;
Oneida Emergency Management Coordinator, Oneida Judiciary.
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 May 1,
2020.


SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Domestic Animals law was first adopted by the Oneida Business Committee on
March 13, 1996 and most recently amended on May 8, 2019 for the purpose of protecting the health,
safety, and welfare of the community by requiring certain basic measures to prevent the spread of
disease carried by domestic animals; setting minimum standards for the treatment of animals;
prohibiting certain species of animals from being brought onto the Reservation; regulating the keeping
of livestock on lots zoned residential within the Reservation; and establishing consequences for
damages caused by domestic animals. [3 O.C. 304.1-1].
 Domestic animals are animals commonly owned as household pets, such as cats and dogs.
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 Domestic Animals law to remove these inaccurate or unnecessary references. The intent of these

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changes is not to alter how the Domestic Animals 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; and
 Oneida Police Department.
B. The following laws were reviewed in the drafting of this analysis: Judiciary law, Curfew law, Oneida
Nation Gaming Ordinance, Tribal Environmental Response law, Judiciary Rules of Evidence, and the
Citations law.

SECTION 4. PROCESS

A. The amendments to this law have followed the process set forth in the Legislative Procedures Act.
 The Legislative Operating Committee 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 Domestic Animals law was held open until
April 9, 2020.
 A fiscal impact statement was provided by the Finance Department on May 1, 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, 3030: 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 Domestic Animals 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

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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

A. Deletion of Territorial Jurisdiction Section. These amendments delete an incorrect reference to the
Nation’s territorial jurisdiction for this law. The Domestic Animals law erroneously 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 Domestic Animals law is inaccurate, unnecessary,
and already located in the Nation’s Constitution, it has been deleted for clarity.
Table 1. Comparison: Territorial Jurisdiction in laws of the Nation.
Deleted Language in
Language in Oneida
Language in Judiciary law
Current Domestic Animals Constitution
law
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].

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The jurisdiction of the Oneida
Nation shall extend to the
territory within the present
confines of the Oneida
Reservation and to such other
lands as may be hereafter added
thereto within or without said
boundary lines under any law
of the United States, except as
otherwise provided by law
[Article 1 – Territory]

“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].

.
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 properly defined 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 Domestic Animals Language in Judiciary law
law

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Personal Jurisdiction. This law applies to:
(a) All members of the Nation; the
Nation’s entities and corporations; and
members of other federally-recognized
tribes;
(b) Individuals and businesses 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; and
(c) Individuals who have consented to the
jurisdiction of the Nation or as otherwise
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. [3 O.C. 304.4-1].
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Personal Jurisdiction
(a) Indians. The Trial Court shall have
jurisdiction over all Indians.
(b) Non-Indians. The Trial Court shall have
jurisdiction over non-Indians who have
consented to the jurisdiction of the Tribe or Trial
Court or as otherwise consistent with federal
law.
(1) Consent to Jurisdiction. For
purposes of subsection 801.5-4(b)
above, a person shall have consented to
the jurisdiction of the Trial Court by:
(A) entering into a consensual
relationship with the Tribe,
Tribal
entities,
Tribal
corporations,
or
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].

C. Updates to Enforcement and Citations Section. The Citations section of the law has been updated to
reflect the Nation’s new Citations law.
 Background. On February 12, 2020, the Oneida Business Committee adopted a Citations law to
establish a consistent process for citations issued for violations of all laws of the Nation. The new
Citations law includes a detailed process regarding prehearings, hearings and appeals.
 Conclusion. Now that these details are included in the Citations law, it is unnecessary to include
the same information in the Domestic Animals law. Therefore, the duplicate citation information
has been deleted. Instead, a reference stating that citations will be processed in accordance with the
procedures in the Citations law has been added [3 O.C. 304.12-1].
D. Inclusion of an Abandonment Provision. These amendments add a new provision to the Law which
explicitly states that no person shall abandon an animal. [3 O.C. 304.5-5]. Abandoning an animal means
leaving behind a domestic animal at a location without providing minimum care. [3 O.C. 304.3-1(a)].
 Conclusion. Although the Law already contained a provision that prohibited the mistreatment of
an animal which causes harm, injury, or death to that animal [3 O.C. 304.5-4], the new
abandonment provision clarifies that abandoning an animal is also prohibited under this Law.

SECTION 6. EXISTING LEGISLATION

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

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include references to the Nation’s territorial jurisdiction:
 Curfew law. The Curfew 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.
308.4-3].
 The reference to territorial jurisdiction in the Curfew law is similar to the provision that
was included in this Law, and therefore is also erroneous. The LOC has added the Curfew
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.
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. 304.12-1].
 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 or Conversation Department for a
violation of this Law must comply with the requirements and procedures of the Citations
law.

SECTION 7. ENFORCEMENT AND ACCOUNTA

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ae26d881c08741e6c. Public record. Not legal advice.