Oneida Business Committee (2021)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
July 7, 2021
9:00 a.m.
This Legislative Operating Committee meeting will be closed to the public due to the Public Health State
of Emergency. This is a preventative measure as a result of the COVID-19 pandemic. An audio recording
of the meeting will be made available on the Nation’s website.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. June 2, 2021 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Public Peace Law (pg. 3)
2. Oneida General Welfare Law (pg. 42)
IV.
New Submissions
1. Land Use Regulation Reimbursement Policy Repeal (pg. 56)
V.
Additions
VI.
Administrative Updates
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
June 2, 2021
9:00 a.m.
Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman King
Excused: Marie Summers
Others Present: Clorissa N. Santiago, Kristen Hooker, Kristal Hill, Brooke Doxtator, Justin
Nishimoto, Lawrence Barton (Microsoft Teams), Susan House (Microsoft Teams), Matthew Denny
(Microsoft Teams), Michelle Myers (Microsoft Teams), Nic Reynolds (Microsoft Teams),
Rhiannon Metoxen (Microsoft Teams), Loucinda Conway (Microsoft Teams), Eric Boulanger
(Microsoft Teams).
I.
Call to Order and Approval of the Agenda
David P. Jordan called the June 2, 2021, Legislative Operating Committee meeting to order
at 9:00 a.m.
Motion by Jennifer Webster to adopt the agenda as is; seconded by Kirby Metoxen. Motion
carried unanimously.
II.
Minutes to be Approved
1. May 19, 2021 LOC Meeting Minutes
Motion by Kirby Metoxen to approve the May 19, 2021 LOC meeting minutes and forward
to the Business Committee for consideration; seconded by Jennifer Webster. Motion
carried unanimously.
III.
Current Business
1. Petition: L. Elm – Real Property Law Eviction and Termination
Motion by Jennifer Webster to accept the statement of effect for the Petition: L. Elm – Real
Property Law Eviction and Termination and forward to the Oneida Business Committee;
seconded by Daniel Guzman King. Motion carried unanimously.
IV.
New Submissions
V.
Additions
VI.
Administrative Items
1. Community Support Fund Law Rule Handbook Amendments
Motion by Jennifer Webster to certify the Community Support Fund Law Rule Handbook
amendments and forward to the Oneida Business Committee; seconded by Kirby Metoxen.
Motion carried unanimously.
VII.
Executive Session
VIII. Adjourn
Motion by Daniel Guzman King to adjourn at 9:14 a.m.; seconded by Kirby Metoxen.
Motion carried unanimously.
A good mind. A good heart. A strong fire.
~
Legislative Operating Committee Meeting Minutes of June 2, 2021
Page 1 of 1
ONEIDA
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Legislative Operating Committee
July 7, 2021
Public Peace Law
Submission Date: 12/7/16
Public Meeting: Due to the COVID-19 pandemic,
public meetings were suspended by declaration of the
Nation’s COVID-19 Core Decision Making Team. A
public comment period was still offered in accordance with
the Legislative Procedures Act and held open until 6/9/21.
LOC Sponsor: Jennifer Webster
Emergency Enacted: n/a
Summary: The item was carried over from the last two terms. On October 26, 2016, the Oneida
Police Commission, in its quarterly report to the Oneida Business Committee, made a recommendation to
develop a Public Peace law in an effort to exercise the Nation’s sovereignty and jurisdiction. This
recommendation was made based on input received during a community meeting held in Site 2 by the
Oneida Police Department and Oneida Housing Authority due to a homicide investigation. The Oneida
Business Committee then forwarded this request to the LOC who placed this item on the Active Files List
in December 2016. The purpose of developing a Public Peace law would be to address trespassing,
damage to property, noise nuisances, loitering, etc.
10/7/20 LOC: Motion by Jennifer Webster to add the Public Peace Law to the Active Files List with Jennifer
Webster as the sponsor; seconded by Marie Summers. Motion carried unanimously.
12/16/20:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie
Summers, Clorissa N. Santiago, Joel Maxam, Renita Hernandez, Scott Denny, Brandon
Yellowbird Stevens, Rhiannon Metoxen. This was a work meeting held through Microsoft
Teams. The purpose of this work meeting was to begin discussing issues that are currently
affecting neighborhoods in the Nation so that they can be addressed in the Public Peace law.
1/15/21:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman
King, Marie Summers, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Renita Hernandez,
Leslie Doxtator, Brandon Yellowbird Stevens, Krystal John, Michelle Hill, Lisa
Rauschenbach, Jennifer Garcia, James Petitjean, Rhiannon Metoxen. This was a work meeting
held through Microsoft Teams. The purpose of this work meeting was to discuss the potential
relationship between the enforcement of the Public Peace law and the enforcement of leases.
1/28/21:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman
King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work meeting held
through Microsoft Teams. The purpose of this work meeting was to discuss a plan for moving
this item forward through the legislative process.
2/11/21:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen, Kristen Hooker.
This was a work meeting held through Microsoft Teams. The purpose of this work meeting
was to review and discuss the first draft of the Public Peace law.
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3/17/21:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman
King, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Renita Hernandez, Brandon
Yellowbird Stevens, Kelly McAndrews, Krystal John, Michelle Hill, Kristal Hill, Rhiannon
Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work
meeting was to review and discuss the first draft of the Public Peace law with the larger work
team.
4/7/21:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman
King, Marie Summers Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Renita Hernandez,
Leslie Doxtator, Brandon Yellowbird Stevens, Kelly McAndrews, Michelle Hill, Kristal Hill,
Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of
this work meeting was to review and discuss the updated draft of the Public Peace law with
the larger work team so that the law can move forward for a legislative analysis to be
completed.
4/21/21 LOC: Motion by Daniel Guzman King to approve the Public Peace law draft and legislative analysis;
seconded by Kirby Metoxen. Motion carried unanimously.
5/5/21 LOC:
Motion by Jennifer Webster to approve the Public Peace law public comment period packet
and forward the Public Peace law to a public comment period to be held open until June 9,
2021; seconded by Marie Summers. Motion carried unanimously.
6/9/21:
Public Comment Period Closed. The Legislative Operating Committee received written
submissions of comments from six (6) individuals.
Next Steps:
Accept the public comments and public comment review memorandum, and forward to a
work session for further consideration.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54115-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Legislative Operating Committee (LOC)
Clorissa N. Santiago, Legislative Reference Office, Senior Staff Attorney
July 7, 2021
Public Peace Law Amendments: Public Comment Review
A public comment period for the proposed Public Peace law (“the Law”) was held open until June
9, 2021. A public meeting for the proposed Law was not held due to the COVID-19 pandemic.
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
allowed the Nation to seek reimbursement of emergency management actions that may result in
unexpected expenses. The Public Health State of Emergency has since been extended until July
28, 2021, by the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A,
BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-0820-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC05-12-21-A, and BC-06-23-21-B.
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 allowed 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.
Although the Nation’s COVID-19 Core Decision Making Team’s “Suspension of Public Meetings
under the Legislative Procedures Act” declaration suspended public meetings and therefore no
public meeting was scheduled for the proposed Public Peace law, on May 5, 2021, the Legislative
Operating Committee direct that a public comment period be held open until June 9, 2021, to allow
members of the community an opportunity to provide written submissions of comments or
questions to the Legislative Operating Committee through e-mail.
This memorandum is submitted as a review of the written comments received within the public
comment period. The public meeting draft and written comments received are attached to this
memorandum for review.
Comment 1 – Noise Disruptions:
309.6. Civil Infractions Against the Peace
309.6-1. Disorderly Conduct. A person commits the civil infraction of disorderly conduct if
he or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or
otherwise disorderly conduct under circumstances in which the conduct tends to cause or
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provoke a disturbance. A civil infraction of disorderly conduct may include, but is not limited
to, the following behaviors:
(a) fights with another person within the boundaries of the Reservation;
(b) discharges a firearm and/or air gun that are prohibited;
(c) makes or causes to be made any loud, disturbing or unnecessary sounds or noises
which may annoy or disturb a person of ordinary sensibilities;
(d) abuses or threatens a person on property of the Nation in an obviously offensive
manner;
(e) lies or sleeps on any street, alley or sidewalk, or in any other property of the
Nation, or upon private property that he or she has no right to occupy; or
(f) uses abusive, indecent, profane, or vulgar language in property of the Nation, and
the language by its very utterance tends to incite an immediate breach of the peace.
Raeann Skenandore (written): Please include a section in the law that addresses noise as a
category of disruption to public peace.
Example 1: a house in the neighborhood is hosting a party where loud music is playing.
The party extends into the late night past 11:00 p.m. where the loud noise is affecting
neighboring household members’ ability to sleep.
Example 2: a house in the neighborhood is igniting fireworks late into the evening on nonholiday dates (i.e. July 4th) and the loud noise is affecting neighborhing holseholds
members’ ability to sleep and disturbing household animals.
Response
The commenter requests that a section be included in the Law which addresses disruptive noise
violations. The Law does currently address noise violations. The Law provides that a person
commits the civil infraction of disorderly conduct if he or she engages in violent, abusive, indecent,
profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in
which the conduct tends to cause or provoke a disturbance. [3 O.C. 309.6-1]. The Law then goes
on to specify that a civil infraction of disorderly conduct may include when a person makes or
causes to be made any loud, disturbing, or unnecessary sounds or noises which may annoy or
disturb a person of ordinary sensibilities. [3 O.C. 309.6-1(c)].
Due to the fact that noise violations are already addressed by the disorderly conduct civil infraction
found in section 309.6-1 of the Law, there is no recommended revision based on this comment.
LOC Consideration
Comment 2 – Use of “and/or” throughout the Law:
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Hon. Layatalati Hill (written): I just have one suggestion on the Public Peace Law and that is to
not use “and/or” throughout the law. It appears “or” could be used instead.
Response
The commenter requests that “and/or” is not used throughout the Law, and that instead simply “or”
is used.
It is recommended that the Law be reviewed to determine if the use of “and/or” could be replaced
with “or” throughout the Law to aid in clarifying the interpretation of the Law.
LOC Consideration
Comment 3 – Nuisance:
309.6. Civil Infractions Against the Peace
309.6-6. Nuisance. A person commits the civil infraction of nuisance whenever he or she
engages in a thing, act, occupation, condition or use of property which shall continue for such
length of time as to:
(a) substantially annoy, injure or endanger the comfort, health, repose or safety of
the public;
(b) in any way render the public insecure in life or in the use of property; and/or
(c) greatly offend the public morals or decency.
Lori Elm (written): Line 243 - You need to have something in this line to protect the people who
are a nuisance but they need actual help. Medical conditions, and other chronic illnesses and what
about homes where people overdose and die in their (not sure if that is HIPPA protected or not) or
people who have overdose (heroin/fentanyl) that need to be narcaned. (NOW THAT is a nuisance,
to have them officers going back and back to bring them back, to continue on using)
Response
The commenter provides that the Law should address those individuals who commit the civil
infraction of nuisance but have underlying issues that may have caused their nuisance behavior.
The Law sets forth the community standard that no individual should engage in a thing, act,
occupation, condition or use of property which shall continue for such length of time as to
substantially annoy, injure or endanger the comfort, health, repose or safety of the public; in any
way render the public insecure in life or in the use of property; and/or greatly offend the public
morals or decency. [3 O.C. 309.6-6]. Although the Law does not provide an exemption to those
individuals who may commit the civil infraction of nuisance but have an underlying condition that
resulted in the nuisance behavior, the Law does provide flexibility in how the civil infraction is
addressed and handled.
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An Oneida Police Department officer may issue a citation to any person he or she has reasonable
grounds to believe has committed a violation of a law of the Nation that expressly permits the
issuance of a citation. [8 O.C. 807.4-2]. Inherently, the Oneida Police Department officer always
has discretion to determine if a citation should be issued to address the situation. When a citation
is issued to an individual, the individual has the opportunity to come before the Court and the
Court is then provided a plethora of penalties to use as deemed appropriate to best address the
actions of the individual and connect the individual to resources that may improve their behavior
and prevent future civil infractions from occurring. One such resource the Court has available is
the Court may order an individual to participate in counseling and/or any other programs relevant
and available to the Nation. The goal of this Law is not simply to penalize civil infractions that
occur, but to promote peace and order within the boundaries of the Reservation, by setting forth
community standards and expectations which preserve the peace, harmony, safety, health, and
general welfare of individuals who live within the boundaries of the Reservation. [3 O.C. 309.11, 309.1-2].
There is no recommended revision based on this comment.
LOC Consideration
Comment 4 – Drug Use and Addiction Throughout the Reservation:
Lori Elm (written): A major problem within the reservation is addiction. So, one can assume a
major goal of this law is to set forth community standards/controls on our facilities such as: Casino,
One Stops, CEC and all other business buildings (such as Walmart & Home Depot)? These
buildings have a very high area of addicts and drug dealers/dealings in them and I would like to
commend you on addressing the issue. We actually have overdoses happening in the facilities,
quite frequently, as well as the drug activities overflowing over to the Radisson area. It will also
prevent the addicts from dwelling at One Stop outside as well as passing out at the pumps and in
the bathrooms. (GREAT JOB)
Response
The commenter commends the Legislative Operating Committee on developing this Law to
address community issues such as drug addiction and activities which are occurring throughout
the Reservation. The Legislative Operating Committee developed this Law to set forth community
standards and expectations which preserve the peace, harmony, safety, health, and general welfare
of individuals who live within the boundaries of the Reservation, as well as to promote peace and
order within the boundaries of the Reservation while also providing an orderly process for
addressing civil infractions that occur. [3 O.C. 309.1-1, 309.1-2]. It was the intent of the
Legislative Operating Committee that many of the issues that currently are plaguing
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neighborhoods throughout the Reservation could be addressed through this Law to build a safe
and peaceful community.
There is not recommended revision based on this comment.
LOC Consideration
Comment 5 – Jail of the Nation:
Lori Elm (written): If you are trying to establish our Sovereignty for the tribes itself and in that
case, I do hope that means a small jail will be coming.
Response
The commenter states that she hopes that the implementation of this Law would include the
development of a jail. It is the policy of the Nation to promote peace and order within the
boundaries of the Reservation while also providing an orderly process for addressing civil
infractions that occur under this Law. [3 O.C. 309.1-2]. An individual who violates a provision of
this law by committing a civil infraction may be subject to the issuance of a citation by an Oneida
Police Department officer. [3 O.C. 309.11-1]. The issuance of a citation commences a civil action
in the Judiciary for a violation of a law of the Nation for the purpose of collecting a fine or penalty
imposed by the law in the name of the Nation. [8 O.C. 807.4-1]. Due to the fact that the issuance
of a citation for a violation of this Law commences a civil action, and not a criminal action, it is
not intended that the implementation of this law would include the development of a jail.
LOC Consideration
Comment 6 – Types of Land within the Reservation:
309.1. Purpose and Policy
309.1-1. Purpose. The purpose of this law is to set forth community standards and
expectations which preserve the peace, harmony, safety, health, and general welfare of
individuals who live within the boundaries of the Reservation.
309.1-2. Policy. It is the policy of the Nation to promote peace and order within the
boundaries of the Reservation while also providing an orderly process for addressing civil
infractions that occur.
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Lori Elm (written): Line 3.” Purpose and policy 309.1. Recommend to use the wording from the
Zoning and Shoreland Protection somewhere in purpose to ensure the jurisdiction is covered on
all properties: “tribal lands held in trust and fee, heirship lands, and individual trust and fee lands
within the reservation”
Response
The commenter suggests that wording used from the Zoning and Shoreland Protection law to
ensure that jurisdiction is covered on all property types. The Zoning and Shoreland Protection law
specifically states that the purpose of that law is to “establish a zoning plan for tribal lands held in
trust and fee, heirship lands, and individual trust and fee lands within the Reservation.” [6 O.C.
605.1-1(a)].
Currently, the Law has been developed to set forth community standards and expectations which
preserve the peace, harmony, safety, health, and general welfare of individuals who live within the
boundaries of the Reservation. [ 3 O.C. 309.1-1]. Reservation is then defined under the Law as all
land 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. [3 O.C. 309.3-1(t)]. Due to the fact that the definition for Reservation specifically states all
land, it would be unnecessary to list out the different categories of land designation that can be
found throughout the Reservation.
Additionally, the jurisdiction of the Nation’s Court is generally established through the Judiciary
law, which provides that the Nation and the Trial Court have territorial jurisdiction over the
Reservation and all lands held in trust by the United States for the benefit of the Nation within the
State of Wisconsin. [8 O.C. 801.5-3].
LOC Consideration
Comment 7 – Definition for Public Property:
309.9. Civil Infractions Involving Alcohol, Tobacco, and Drugs
309.9-1. Public Intoxication. A person commits the civil infraction of public intoxication if
he or she appears intoxicated by alcohol beverages and/or prohibited drugs on public
property of the Nation to the degree that the person may endanger himself or herself, or
another person.
Lori Elm (written): Line 20. Definitions – define “public property” line 338; this should be
defined because in the Zoning Law, states “public nuisance” means a thing, act, occupation,
condition, or use of property which continues for such length of time as to:…. (4) Unlawfully and
substantially interfere with, obstruct, or tend to obstruct or render dangerous for passage any street,
alley, highway, navigable waters or other public way, or the use of public property. Private
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property means owned by private parties, essentially anyone or anything but the government or
state. (In this case the government aka Oneida Nation, Brown County or State of WI, etc.. ) so one
would think any property the Oneida Nation owns is public property.
Response
The commenter requests that a definition for “public property” be included in this Law. Under the
section regarding public intoxication, it states that a person commits the civil infraction of public
intoxication if he or she appears intoxicated by alcohol beverages and/or prohibited drugs on public
property of the Nation. The commenter questions if all property owned by the Nation is public
property of the Nation.
Currently, the term “public property” is undefined in the Law and therefore is used in its everyday
and ordinary sense. Whether to add a definition for the term public property is a policy
consideration for the Legislative Operating Committee to make. The Legislative Operating
Committee can make one of the following determinations:
1. The Law should remain as currently drafted, and the term “public property” should remain
undefined and used in its everyday and ordinary sense.
2. The Law should be revised to include a definition for the term “public property. If the
Legislative Operating Committee makes this determination, then the following revision to
the Law is recommended:
309.3. Definitions
309.3-1. 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.
(s) “Public property” means property owned by a government or one of its agencies, divisions,
or entities and used by the general public.
LOC Consideration
Comment 8 – Maintaining a Chronic Nuisance House:
309.6. Civil Infractions Against the Peace
309.6-7. Maintaining a Chronic Nuisance House. A person commits the civil infraction of
maintaining a chronic nuisance house if he or she has three (3) or more police contacts
occurring during a twelve (12) month period at the premises that he or she owns or occupies
through a lease or rental agreement.
Lori Elm (written): You have rental and residential leases in the same category, according to how
the DRAFT law reads, is this how you want it to be addressed? I really think, if the laws are going
to be the same across the board, anyone who pays taxes should be exempt and the tribe should be
responsible for it. Technically we are renting the land and homes on it if you can take it away in 5
days. And if that is the case, you can build your own home, you may be paying taxes if the land is
Fee Land, BUT you can’t have a beer in your yard? Clarify property on this.
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Response
The commenter references the section of the Law regarding maintaining a chronic nuisance house
which addresses individuals who occupy a home through both residential and rental agreements
and questions if it was intended that these homes be treated the same.
The provision regarding maintaining a chronic nuisance house applies to any individual who owns
a home, occupies a home through a lease, or occupies a home through a rental agreement and has
three (3) or more police contacts at his or her home occurring throughout a twelve (12) month
period. It was intended that that all these different home occupancy and ownership designations
be treated the same under the Law, and that the community standard be set that any individual who
either owns a home or occupies a home through a lease agreement bear responsibility for ensuring
that his or her home is not a chronic nuisance in his or her neighborhood.
The Nation is sovereign and reserves all sovereign rights, authority, and jurisdiction consistent
with being a sovereign nation. [8 O.C. 801.5-2]. Despite the ownership or occupancy designation
of a home, the Nation has personal jurisdiction over any individual who is a member of any
federally recognized Tribe, and even over non-Indians in certain situations when they have
consented to the jurisdiction of the Nation or Trial Court or as otherwise consistent with federal
law. [8 O.C. 801.5-4]. Additionally, the Nation and the Trial Court has territorial jurisdiction over
the Reservation and all lands held in trust by the United States for the benefit of the Nation within
the State of Wisconsin, and subject matter jurisdiction over any issue that a law of the Nation
specifically authorizes jurisdiction over. [8 O.C. 801.5-2, 801.5-3]. This Law specifically
authorizes the Trial Court to have jurisdiction over any action brought under the Law. [3 O.C.
309.4-1]. Therefore, it is within the purview of the Nation to adopt a law, such as this one, which
sets forth community standards and prohibits an individual from maintaining a chronic nuisance
house. This does not mean that individuals are not allowed to enjoy their homes and property
however they see fit, this means that there is the expectation that the enjoyment of one’s property
does not substantially annoy, injure or endanger the comfort, health, repose or safety of the public,
in any way render the public insecure in life or in the use of property, or greatly offend the public
morals or decency. [3 O.C. 309.6-6].
There is no revision to the Law recommended based on this comment.
LOC Consideration
Comment 9 – Prohibited Drugs and Hemp:
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309.9. Civil Infractions Involving Alcohol, Tobacco, and Drugs
309.9-8. Possession of Prohibited Drugs. A person commits the civil infraction of possession
of prohibited drugs if he or she possesses or consumes a prohibited drug or is in possession
of any drug paraphernalia.
Lori Elm (written): Line 376 309.9-8: You also have prohibited drugs, listed on here; recommend
clarification on categories to NOTE: (Marijuana) Police kits which detect the presence of cannabis,
that indicates marijuana, may show THC is present, but because hemp and marijuana are both
cannabinoids derived from the cannabis sativa plant, police don’t have an easy way to tell the
difference, unless they are sent out to be tested. CBD treatment is legal in Wisconsin including:
THE, Delta 8 and etc.. Which may look and smell very similar to illegal marijuana. Levels of the
cannabidiol preparations with 0.3 percent or less of THC, in compliance with USDA hemp
standards and authorizes in-state production according to those rules. And if you really want to do
your sovereignty rights, you should be following the Federal Law which passed to allow for hempderived CBD products with THC no greater than 0.3 percent. “Federal law passed to allow for
hemp-derived CBD products with THC no greater than 0.3 percent”
Response
The commenter requested clarification on marijuana being included as a prohibited drug based on
the fact that hemp derived CBD products with THC under a certain level are legal. Under the Law,
a prohibited drug is defined as marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP),
hallucinogens, methaqualone, barbiturates, narcotics, and any other substance included in
Schedules I through V, as defined by Section 812 of Title 21 of the United States Code, and also
includes prescription medication or over-the-counter medicine used in an unauthorized or unlawful
manner. [3 O.C. 309.3-1(r)]. Section 812 of Title 21 of the United States Code identifies that the
inclusion of tetrahydrocannabinols, or THC, on Schedule I Section (c)(17) does not include those
tetrahydrocannabinols found in hemp, as defined under section 1639o of Title 7. Section 1639o of
Title 7 defines help as the plant Cannabis sativa L. and any part of that plant, including the seeds
thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3
percent on a dry weight basis.
The Law provides that an Oneida Police Department officer shall make the determination as to
whether a substance is a prohibited drug using standard law enforcement field testing practices. [3
O.C. 309.9-11].
There is no revision to the Law recommended based on this comment.
LOC Consideration
Comment 10 – Notification of a Citation to the Comprehensive Housing Division:
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309.11. Enforcement and Penalties
309.11-1. Issuance of a Citation. An individual who violates a provision of this law may be
subject to the issuance of a citation by an Oneida Police Department officer.
(c) Notice to the Comprehensive Housing Division. An Oneida Police Department
officer shall provide notice to the Oneida Law Office attorney assigned to the
Comprehensive Housing Division of any citation issued to an individual located at a
property rented or leased through the Comprehensive Housing Division. Any
information or reports shared by the Oneida Police Department officer with the
Oneida Law Office attorney shall remain confidential as agreed upon between the
Oneida Law Office and the Oneida Police Department Chief of Police.
Lori Elm (written): LINE 114: “any citation issued to an individual located at a property rented
or leased through the Comprehensive Housing Division” This should say something like “any
citation issued to an individual, whom(s) address is property of the Oneida Nation” Because if Bob
Bob is gets caught with a bunch of drugs, not 10 saplings, I am talking Meth, Heroin, rigs loaded
and etc. And he lives at 1235 Deer Path, and he gets caught at Oneida One Stop, Comprehensive
Housing Division Attorney should be let know about this, because it is they’re job to keep our
community safe. We need to stop protecting family, friends and loved ones, and start making a
change. And you want to get the Pot dealers have at it too. But you need it to be in the law that
citations go for all of the properties, not matter what.
Response
The commenter states that the Comprehensive Housing Division should be notified of a citation
issued to any individual who has entered into a rental or lease agreement with the Comprehensive
Housing Division, whether or not the citation was issued at a property subject to the rental or lease
agreement.
Any person who violates a provision of the Law by committing a civil infraction may be subject
to an issuance of a citation by an Oneida Police Department officer – no matter where within the
Reservation the civil infraction occurs. [3 O.C. 309.11-1]. The Law then goes on to require that
an Oneida Police Department officer provide notice to the Oneida Law Office attorney assigned
to the Comprehensive Housing Division of any citation issued to an individual located at a property
rented or leased through the Comprehensive Housing Division. [3 O.C. 309.11-1(c)]. When a
person enters into a rental or lease agreement with the Comprehensive Housing Division they are
agreeing to abide by a certain set of terms and expectations. For example, under the Leasing law,
if a lessee or other party causes or threatens to cause immediate and significant harm to the
premises, or undertakes criminal activity thereon, Land Management or another interested party
may take appropriate emergency action, which may include cancelling the lease and/or securing
judicial relief. [6 O.C. 602.11-2]. While the Eviction and Termination law provides a contract may
be terminated prior to the contract term and the occupant may be evicted if the occupant violates
the terms of the contract, is alleged to have violated any applicable law or rule, or is alleged to
have committed one or more nuisance activities. [6 O.C. 610.5-1]. Notification of a citation issued
to an individual located at a property rented or leased through the Comprehensive Housing
Division is provided by the Oneida Police Department officer to the Oneida Law Office attorney
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assigned to the Comprehensive Housing Division in an effort to ensure that the Comprehensive
Housing Division is aware of any civil infractions and police contacts which are occurring on a
property rented or leased through the Nation in case those activities implicate further action by the
Comprehensive Housing Division in accordance with the terms of the rental or lease agreement.
There is no revision to the Law recommended based on this comment.
LOC Consideration
Comment 11 – Disrupting a Meeting or Government Function:
309.7. Civil Infractions Against Government
309.7-1. Disrupting a Meeting or Government Function. A person commits the civil infraction
of disrupting a meeting or government function if he or she:
(a) conducts himself or herself in a manner intended to prevent or disrupt a lawful
meeting held in any property owned or controlled by the Nation;
(b) refuses or fails to leave any property of the Nation upon being requested to do so
by any official charged with maintaining order in such property of the Nation;
(c) willfully denies any official, employee or member of the Nation the lawful right of
such person to enter, to use the facilities, or to leave any property of the Nation;
(d) at or in any property of the Nation willingly impedes any official or employee in
the lawful performance of his or her duties or activities through the use of restraint,
coercion, intimidation or by force and violence or threat thereof; and/or
(e) at any meeting or session conducted by any official of the Nation, held in any
property of the Nation; through the use of restraint, coercion, intimidation or by force
and violence or threat thereof; willfully impedes, disrupts, or hinders the normal
proceedings of such a meeting or session by any act of intrusion into the chamber or
other areas designated for the use of the body or official to conduct such a meeting.
Lori Elm (written): Line 262 309.7 -1: Disrupting a Meeting or Governmental Function
(REALLY) should say Disrupting a Meeting of a Governmental Function or have clarification/
definition to define this. Add parties who are considered disorderly or obstructed shall be subjected
to drug/alcohol testing and restrained and arrested by Police. or something like that.
Response
The commenter requests further clarification on the civil infraction of disrupting a meeting or
government function and requests that this provision require those individuals who have disrupted
the meeting or government function to be drug or alcohol tested and restrained by Police.
The Law provides that a person commits the civil infraction of disrupting a meeting or government
function if he or she:
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conducts himself or herself in a manner intended to prevent or disrupt a lawful meeting
held in any property owned or controlled by the Nation;
refuses or fails to leave any property of the Nation upon being requested to do so by any
official charged with maintaining order in such property of the Nation;
willfully denies any official, employee or member of the Nation the lawful right of such
person to enter, to use the facilities, or to leave any property of the Nation;
at or in any property of the Nation willingly impedes any official or employee in the lawful
performance of his or her duties or activities through the use of restraint, coercion,
intimidation or by force and violence or threat thereof; and/or
at any meeting or session conducted by any official of the Nation, held in any property of
the Nation; through the use of restraint, coercion, intimidation or by force and violence or
threat thereof; willfully impedes, disrupts, or hinders the normal proceedings of such a
meeting or session by any act of intrusion into the chamber or other areas designated for
the use of the body or official to conduct such a meeting. [3 O.C. 309.7-1(a)-(e)].
Although the Law does not require that an individual who disrupts a meeting of the government,
or disrupts a function of the government in action be subjected to drug and/or alcohol testing, if an
individual appears intoxicated by alcohol beverages and/or prohibited drugs on public property of
the Nation to the degree that the person may endanger himself or herself, or another person, that
individual may also be issued a citation for public intoxication. [3 O.C. 309.9-1].
There is no revision to the Law recommended based on this comment.
LOC Consideration
Comments 12 through 13 – Halting the Legislative Process:
GTC Legal Resource Center – Gerald Hill, Wesley Martin, and Tsyolake House (written):
The General Tribal Council-Legal Resource Center (GTC LRC) has been established by the
Oneida General Tribal Council (OGTC) pursuant to Resolution BC Resolution #05-24-17-A Legal
Resource Center Emergency Law and adopted BC Resolution# 09-13-171 Legal Resource Center
for the purpose of assisting Oneida Tribal Members and Employees to address matters arising out
of Oneida Nation laws and policies, and which can be addressed in the courts of the Oneida Nation
Judiciary. As officials elected by the OGTC this office is obliged to represent, as best we can, the
general concerns of the people who elected us. The membership of the Nation will be those most
affected by these proposed laws and thus should have the most opportunity to review and comment
on them. It is in that capacity we wish to make some cursory comments on the two proposed laws
named above.
Those effected by this law are most likely to seek legal assistance when the citations under this
law are issued. This will also bring the GTC LRC into a new area of practice within the Judiciary,
criminal sanctions being comingled under civil authority. The GTC LRC has not been consulted
Page 12 of 16
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in the development of this law notwithstanding the public notice of the comment period. It is
understandable that because of COVID-19 Emergency Protocols the usual public hearings have
been omitted. However, with the easing of such limitations it is likely that the OBC will soon
create a means of having an OGTC meeting at which proposals, such as this can be presented. We
believe with the consultation of the OGTC, the law can still be crafted not just to punish violators,
but also to understand the affects the law will have on the economically vulnerable families within
the Oneida Nation.
GTC Legal Resource Center – Gerald Hill, Wesley Martin, and Tsyolake House (written):
CONCLUSION For the reasons stated above it is recommended that the LOC delay further
processing of these proposed laws until such time as the OBC can formally present them, in their
totality, to the duly assembled OGTC.
Response
The commenters request that the Legislative Operating Committee delay the processing of this
Law until such a time that the Oneida Business Committee can formally present them to the
General Tribal Council.
General Tribal Council prescribed the manner in which legislation of the Nation should be drafted,
developed, and adopted through the adoption of the Legislative Procedures Act. The Legislative
Procedures Act provides a consistent process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Legislative Procedures Act provides:
The Legislative Operating Committee is the legislative committee of the Nation that is
responsible for the development of laws of the Nation. [1 O.C. 109.4-1, 109.4-2].
The Legislative Operating Committee handles requests for legislation and determines if the
request for the development of legislation should be accepted or denied. [1 O.C. 109.5].
The Legislative Operating Committee will direct an agency of the Nation to complete a
fiscal impact statement for all legislation. [1 O.C. 109.6].
A legislative analysis shall be completed by the Legislative Reference Office and provided
to the Legislative Operating Committee. [1 O.C. 109.7].
The Legislative Operating Committee will hold open a public comment period with a
public meeting, and then consider fully all comments received. [1 O.C. 109.8].
The Legislative Operating Committee shall forward the legislation, legislative analysis and
fiscal impact statement to the Oneida Business Committee when legislation is ready for
consideration. [1 O.C. 109.9-1].
The Oneida Business Committee shall consider the adoption of the legislation, or forward
the legislation to the General Tribal Council for consideration. [1 O.C. 109.9-1].
The adoption of the Legislative Procedures Act demonstrates General Tribal Council’s intention
to have the members of the Legislative Operating Committee draft and develop legislation of the
Nation, and then the members of the Oneida Business Committee adopt legislation, or forward
legislation to the General Tribal Council for adoption. The Legislative Operating Committee has
developed this Law in accordance with the Legislative Procedures Act, as it has been modified by
the COVID-19 Team’s “Suspension of Public Meetings under the Legislative Procedures Act”
declaration.
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As a result of the COVID-19 pandemic, in accordance with the authority granted to the Oneida
Business Committee through the Emergency Management law, on March 12, 2020, Chairman
Tehassi Hill signed a “Declaration of Public Health State of Emergency” which sets into place the
necessary authority should action need to be taken, and allows the Oneida Nation to seek
reimbursement of emergency management actions that may result in unexpected expenses. [3 O.C.
302.8-1]. The Oneida Business Committee has extended this Public Health State of Emergency
until July 28, 2021, through the adoption of the following resolutions: BC-03-26-20-A, BC-05-0620-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21A, and BC-06-23-21-B. [3 O.C. 302.8-2].
On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the
Emergency Management law (formally known as the Emergency Management and Homeland
Security law) through resolution BC-03-17-20-E to create and delegate authority to a COVID-19
Core Decision Making Team so that upon the declaration of a public health emergency, the
COVID-19 Core Decision Making Team would have 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. 302.92]. These declarations remain in effect for the duration of the Public Health State of Emergency,
unless identified to be effective for a shorter period of time. [3 O.C. 302.9-4]. The Oneida Business
Committee then permanently adopted amendments to the Emergency Management law through
resolution BC-03-10-21-A which incorporated the authority of an Emergency Core Decision
Making Team to make declarations.
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.
Although an in person public meeting for the proposed Law was not held, the public comment
period was still held open until June 9, 2021, allowing members of the Nation the opportunity to
comment and input on this proposed law.
Since the Legislative Operating Committee is developing this Law in accordance with the
Legislative Procedures Act, as it has been modified by the COVID-19 Team’s “Suspension of
Public Meetings under the Legislative Procedures Act” declaration, it is not recommended that
processing of this Law be halted since members of the community were indeed provided an
opportunity to participate in the legislative process on comment on the Law.
LOC Consideration
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Comment 14 – Economic Impacts of Fines:
GTC Legal Resource Center – Gerald Hill, Wesley Martin, and Tsyolake House (written):
The lowest income citizens of our Nation will be even more at risk of being double fined by not
only our court system. This will put these citizens in a worse off position. This will lead to more
evictions of those lower income families. Under the Chapter 610, Eviction and Termination,
(610.5-3(c)), when a tenant allegedly violates an "applicable law", the owner, in this case the
Nation, may terminate the contract or lease, which they now do. This means any alleged violation
of any portion of this law would put a tenant in violation of their lease or contract with the Nation.
Not only would the tenant face eviction, but in the same breath, double fines, and possible jail time
for the violation of applicable State law. This would cause an undue burden, not only to the person
committing a violation, but also hardship to the family of the individual. Depending on how each
case is prosecuted, the discretion and investigation by the Oneida police department, we can see
problems for the citizens of the Nation who cannot afford them. Based on past cases involving
evictions, there is a lack of Due Process afforded to tenants who were only alleged to have violated
an applicable law, and this law would exacerbate that issue.
Response
The commenters express concern that individuals of the Nation risk being double fined by our
Court, and then risk eviction due to the economic effects of being fined for violations of the Law.
The intent of the Law is to set forth community standards and expectations which preserve the
peace, harmony, safety, health, and general welfare of individuals who live within the boundaries
of the Reservation. [3 O.C. 309.1-1]. One such way to ensure that the community standards are
met by all individuals within the Reservation is to allow for citations and penalties to be issued to
those individuals who violate the Law and commit a civil infraction in an effort to deter civil
infractions from being committed. When an Oneida Police Officer reasonably believes that an
individual violated this Law and committed a civil infraction, the Oneida Police Officer may issue
that individual a citation. [3 O.C. 309.11-1]. It is not the intent of the Oneida Police Department
that its officers would issue a citation under this Law and simultaneously issue a citation under the
laws of another municipality or the State of Wisconsin. Upon the adoption of this Law, the Nation
would be assuming jurisdiction over these issues, unless it was determined that it was better suited
that jurisdiction of a specific issue remain with the State of Wisconsin, in which a citation under
this Law would not be issued.
Additionally, the use of fines is not the only penalty available to the Trial Court. Upon a finding
by the Trial Court that a violation of this law has occurred, the individual may be subject to fines,
community service, participation in counseling or other programs, restitution, and any other
penalty as deemed appropriate by the Trial Court. [3 O.C. 309.11-2(a)-(e)]. When an individual is
ordered to perform community service, that community service may be used in lieu of, or in
addition to, a fine issued by the Trial Court. [3 O.C. 309.11-2(b)]. The Law also recognizes that
the Oneida Law Office may negotiate an alternative payment plan with an individual for the
Page 15 of 16
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payment of fines that is approved by the Trial Court. [3 O.C. 309.11-2(a)(2)(A)]. The variety of
penalties allowed under the Law will provide the Trial Court with flexibility to utilize its discretion
to best address each individual who comes before the Court in an effort to ensure that the individual
will not commit another civil infraction in the future.
In regard to the due process concerns about the Eviction and Termination law, although violations
of this Law may trigger action under the Eviction and Termination law, the development and
discussion of this Law is separate than any discussions of the Eviction and Termination law and
therefore will not be discussed in this public comment memo.
LOC Consideration
Comment 15 – Miscellaneous:
Lori Elm (written): yes, you all think I am some big gangster drug dealer, but I still don't want
drugs on the reservation, even though you tossed me off. I never had a drug house nor was I a
dealer, and sorry I called the cops for help, Sorry I had black eyes, and was scared for my life, but
is what it is. YOU NEED A HUMANITY LAW, SAFE HOUSES AS WELL, NOT GIVING
THEM ADDICTS FREE ROOMS TO MAKE THEM KNOW MORE ADDICTS. CRAZY
PEOPLE TRYING TO BE CLEAN AND YOU FORCED THEM TO LIVE WITH PEOPLE
USING AT HOTELS ... BUT DO WHAT YOU GOTTA DO... it still not right, but do it right then
stop the favoritism and do the right thing.
Response
This comment is unrelated to the consideration of the proposed Law.
LOC Consideration
Page 16 of 16
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From:
To:
Subject:
Date:
Raeann Skenandore
LOC
Public Comment on Public Peace Law
Thursday, May 6, 2021 10:42:32 AM
Please include a section in the law that addresses noise as a category of disruption to public peace.
Example 1: a house in the neighborhood is hosting a party where loud music is playing. The party
extends into the late night past 11:00 p.m. where the loud noise is affecting neighboring household
members’ ability to sleep.
Example 2: a house in the neighborhood is igniting fireworks late into the evening on non-holiday
dates (i.e. July 4th) and the loud noise is affecting neighborhing holseholds members’ ability to sleep
and disturbing household animals.
Thank you.
Raeann Skenandore
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From:
To:
Subject:
Date:
Layatalati Hill
Clorissa N. Santiago
RE: Public Comment Period: Public Peace Law & Oneida General Welfare Law: Garnishment and Attachment
Thursday, May 6, 2021 3:22:49 PM
Clorissa,
I just have one suggestion on the Public Peace Law and that is to not use “and/or” throughout the
law. It appears “or” could be used instead.
From: LOC <LOC@oneidanation.org>
Sent: Thursday, May 6, 2021 10:14 AM
Subject: Public Comment Period: Public Peace Law & Oneida General Welfare Law: Garnishment and
Attachment
Good Morning,
The Legislative Operating Committee (LOC) will be holding open a public comment period for written
submissions of comments or questions regarding the following:
Public Peace Law.
The Public Peace law is a proposed new law which serves the purpose of setting forth
community standards and expectations which preserve the peace, harmony, safety,
health, and general welfare of individuals who live within the boundaries of the
Reservation.
The Legislative Operating Committee is holding open a public comment period to
receive input on the proposed Public Peace law.
Oneida General Welfare Law: Garnishment or Attachment.
The Oneida Business Committee adopted the Oneida General Welfare law to set forth a
framework and provide guidelines for the Nation to establish and operate approved
programs to provide assistance on a non-taxable basis to eligible members of the
Nation which promote the general welfare of the Nation, including programs designed
to enhance the promotion of health, education, self-sufficiency, self-determination,
and the maintenance of culture and tradition, entrepreneurship, and employment.
The Legislative Operating Committee is holding open a public comment period to
receive input on the following question in regard to the Oneida General Welfare law:
Should assistance provided by an approved program under the Oneida General Welfare
law be subject to attachment or garnishment?
The public comment period for the Public Peace law and Oneida General Welfare Law: Garnishment
or Attachment will be held open until Wednesday, June 9, 2021.
The Nation’s COVID-19 Core Decision Making Team issued a declaration on March 27, 2020, titled
“Suspension of Public Meetings under the Legislative Procedures Act.” This declaration provides that
the Legislative Procedures Act’s requirement to hold a public meeting during the public comment
period is suspended due to the COVID-19 Public Health State of Emergency. Although there will be
no public meeting for the proposed Public Peace law or the Oneida General Welfare law:
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Garnishment or Attachment question, the public comment period for both of these items will still
occur and be held open until Wednesday, June 9, 2021. Individuals can participate in the legislative
process by submitting written comments, questions, or other input via e-mail to
LOC@oneidanation.org by the close of business on June 9, 2021.
The public comment period packet for the Public Peace law, and the public comment period notice
for the Oneida General Welfare law: Garnishment or Attachment will also be available on the
Nation’s website at https://oneida-nsn.gov/government/register/public-meetings/.
The Legislative Procedures Act requires that all managers or directors be electronically provided
notice at least ten (10) business days prior to a public meeting. The Legislative Procedures Act also
requires all appropriate managers or directors direct comments to be provided by employees who
have special knowledge or expertise on this legislative issue during the public meeting and/or public
comment period. [1 O.C. 109.8-2(b) and 109.8-4(a)]. Please share this appointment with any
employees or individuals who may have expertise in these areas.
If you have any questions regarding these public comment periods please contact Attorney Clorissa
N. Santiago at csantia1@oneidanation.org or (920) 869-4417.
Sincerely,
The Legislative Operating Committee
https://oneida-nsn.gov/register/
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From:
To:
Subject:
Date:
Lori Elm
LOC
PUBLIC PEACE LAW
Sunday, May 16, 2021 10:03:44 PM
I would like to submit my comments regarding the Peace Law.
Line 243 - You need to have something in this line to protect the people who
are a nuisance but they need actual help. Medical conditions, and other
chronic illnesses and what about homes where people overdose and die in
their (not sure if that is HIPPA protected or not) or people who have overdose
(heroin/fentanyl) that need to be narcaned.
(NOW THAT is a nuisance, to have them officers going back and back to bring
them back, to continue on using)
A major problem within the reservation is addiction. So, one can assume a
major goal of this law is to set forth community standards/controls on
our facilities such as: Casino, One Stops, CEC and all other business buildings
(such as Walmart & Home Depot)?
These buildings have a very high area of addicts and drug dealers/dealings in
them and I would like to commend you on addressing the issue. We actually
have overdoses happening in the facilities, quite frequently, as well as the drug
activities overflowing over to the Radisson area.
It will also prevent the addicts from dwelling at One Stop outside as well as
passing out at the pumps and in the bathrooms. (GREAT JOB)
If you are trying to establish our Sovereignty for the tribes itself and in that
case, I do hope that means a small jail will be coming.
Line 3.” Purpose and policy 309.1. Recommend to use the wording from the
Zoning and Shoreland Protection somewhere in purpose to ensure
the jurisdiction is covered on all properties: “tribal lands held in trust and
fee, heirship lands, and individual trust and fee lands within the
reservation”
Line 20. Definitions – define “public property” line 338; this should be
defined because in the Zoning Law, states “public nuisance” means a thing,
act, occupation, condition, or use of property which continues for such length
of time as to:…. (4) Unlawfully and substantially interfere with, obstruct, or
tend to obstruct or render dangerous for passage any street, alley, highway,
navigable waters or other public way, or the use of public property.
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Private property means owned by private parties, essentially anyone or
anything but the government or state. (In this case the government aka
Oneida Nation, Brown County or State of WI, etc.. ) so one would
think any property the Oneida Nation owns is public property.
You have rental and residential leases in the same category, according to how
the DRAFT law reads, is this how you want it to be addressed?
I really think, if the laws are going to be the same across the board, anyone
who pays taxes should be exempt and the tribe should be responsible
for it. Technically we are renting the land and homes on it if you can take it
away in 5 days.
And if that is the case, you can build your own home, you may be paying
taxes if the land is Fee Land, BUT you can’t have a beer in your yard? clarify
property on this.
Line 376 309.9-8: You also have prohibited drugs, listed on here; recommend
clarification on categories to NOTE: (Marijuana) Police kits which detect the
presence of cannabis, that indicates marijuana, may show THC is present, but
because hemp and marijuana are both cannabinoids derived from the cannabis
sativa plant, police don’t have an easy way to tell the difference, unless they
are sent out to be tested.
CBD treatment is legal in Wisconsin including: THE, Delta 8 and etc.. Which may
look and smell very similar to illegal marijuana. Levels of the cannabidiol
preparations with 0.3 percent or less of THC, in compliance with USDA hemp
standards and authorizes in-state production according to those rules.
And if you really want to do your sovereignty rights, you should be following
the Federal Law which passed to allow for hemp-derived CBD products with
THC no greater than 0.3 percent.
“Federal law passed to allow for hemp-derived CBD products with THC no greater
than 0.3 percent”
LINE 114: “any citation issued to an individual located at a property rented or leased
through the Comprehensive Housing Division” This should say something like “any
citation issued to an individual, whom(s) address is property of the Oneida Nation”
Because if Bob Bob is gets caught with a bunch of drugs, not 10 saplings, I am talking
Meth, Heroin, rigs loaded and etc. And he lives at 1235 Deer Path, and he gets caught
at Oneida One Stop, Comprehensive Housing Division Attorney should be let know
about this, because it is they’re job to keep our community safe. We need to stop
protecting family, friends and loved ones, and start making a change. And you want
to get the Pot dealers have at it too. But you need it to be in the law that citations go
for all of the properties, not matter what.
26 of 58
Line 262 309.7 -1: Disrupting a Meeting or Governmental Function (REALLY) should
say Disrupting a Meeting of a Governmental Function or have
clarification/ definition to define this.
Add parties who are considered disorderly or obstructed shall be subjected to
drug/alcohol testing and restrained and arrested by Police. or something like
that.
yes, you all think I am some big gangster drug dealer, but I still don't want drugs on the
reservation, even though you tossed me off. I never had a drug house nor was I a dealer,
and sorry I called the cops for help, Sorry I had black eyes, and was scared for my life,
but is what it is.
YOU NEED A HUMANITY LAW, SAFE HOUSES AS WELL, NOT GIVING THEM ADDICTS
FREE ROOMS TO MAKE THEM KNOW MORE ADDICTS. CRAZY PEOPLE TRYING TO BE
CLEAN AND YOU FORCED THEM TO LIVE WITH PEOPLE USING AT HOTELS ... BUT DO
WHAT YOU GOTTA DO... it still not right, but do it right then stop the favoritism and do
the right thing.
GTC Legal Resource Center
27 of 58
Ridgeview Plaza, Suite 8
3759 West Mason Street
Oneida, WI 54155
(920) 496-5320
Email: GTC-LRC@oneidanation .org
r'\
=DDDOOD=
ONEIDA
Memorandum
TO:
Legislative Operating Committee
LOC@oneidanation.org
FROM:
Bridget A. Mendolla-Cornelius, Legal Assistant ~
GTC Legal Resource Center
DATE:
June 9, 2021
RE:
Written Comments on the Public Peace Law and Oneida General Welfare Law
Attached is the submission of the GTC Legal Resource Center written commentary of the Public
Peace Law and the Oneida General Welfare Law by Attorney Gerald L. Hill and Advocates
Wesley Martin, Jr. and Tsyoslake House for your consideration.
28 of 58
GTC Legal Resource Center
Ridgeview Plaza, Suite 8
3759 West Mason Street
Oneida, WI 54155
(920) 496-5320
Email: GTC-LRC@oneidanation .org
r'\.
000000
ONEIDA
WRITTEN COMMENTARY of the GTC Legal Resource Center on the Proposed
June 9, 2021
PUBLIC PEACE LAW and ONEIDA GENERAL WELFARE LAW
The General Tribal Council-Legal Resource Center (GTC LRC) has been established by the
Oneida General Tribal Council (OGTC) pursuant to Resolution BC Resolution #05-24-17 A
Legal Resource Center Emergency Law and adopted BC Resolution# 09-13-171 Legal
Resource Center for the purpose of assisting Oneida Tribal Members and Employees to address
matters arising out of Oneida Nation laws and policies, and which can be addressed in the courts
of the Oneida Nation Judiciary. As officials elected by the OGTC this office is obliged to
represent, as best we can, the general concerns of the people who elected us. The membership of
the Nation will be those most affected by these proposed laws and thus should have the most
opportunity to review and comment on them.
It is in that capacity we wish to make some cursory comments on the two proposed laws named
above.
PUBLIC PEACE LAW
Those effected by this law are most likely to seek legal assistance when the citations under this
law are issued. This will also bring the GTC LRC into a new area of practice within the
Judiciaiy, criminal sanctions being comingled under civil authority. The GTC LRC has not been
consulted in the development of this law notwithstanding the public notice of the comment
period. It is understandable that because of COVID-19 Emergency Protocols the usual public
hearings have been omitted. However, with the easing of such limitations it is likely that the
OBC will soon create a means of having an OGTC meeting at which proposals, such as this can
be presented. We believe with the consultation of the OGTC, the law can still be crafted not just
to punish violators, but also to understand the affects the law will have on the economically
vulnerable families within the Oneida Nation.
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The lowest income citizens of our Nation will be even more at risk of being double fined
by not only our court system. This will put these citizens in a worse off position. This will lead to
more evictions of those lower income families. Under the Chapter 610, Eviction and
Termination, (610.5-3(c)), when a tenant allegedly violates an "applicable law", the owner, in
this case the Nation, may terminate the contract or lease, which they now do. This means any
alleged violation of any pmiion of this law would put a tenant in violation of their lease or
contract with the Nation. Not only would the tenant face eviction, but in the same breath, double
fines, and possible jail time for the violation of applicable State law. This would cause an undue
burden, not only to the person committing a violation, but also hardship to the family of the
individual. Depending on how each case is prosecuted, the discretion and investigation by the
Oneida police depaiiment, we can see problems for the citizens of the Nation who cannot afford
them. Based on past cases involving evictions, there is a lack of Due Process afforded to tenants
who were only alleged to have violated an applicable law, and this law would exacerbate that
issue.
ONEIDA GENERAL WELFARE LAW
The Garnishment and Attachment provisions of this law are too stringent to be considered as
benefitting the most vulnerable segment of the Nation's membership. For example, consider the
likely following outcomes
1.
Anymore attachment of Garnishment of any kind right now would be not advisable.
Many of the Oneida Membership have been financially devastated by COVID-19, loss of
income, behind in bills, rent. This Law should be put on hold for at least two (2) years.
2. If the law should move forward, Gainishment should be on income only, not SS, SSI,
Veteran Pension, etc.
3. Tribal Gainishment should not include any grants, subsidized money fmms the Oneida
Nation.
4. Any foreign Garnishment must be refiled in the Oneida Judiciary and signed by the
Oneida Judiciary Judge.
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A good mind. A good heart. A strong fire.
ONl::IDA
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5. Any Garnishment needs to go through the Oneida Judiciary, except debts to the Oneida
Nation from Per Capita.
6. Any funds to be Garnished at Bay Bank must be approved by the Oneida Judiciary Court
Order.
CONCLUSION
For the reasons stated above it is recommended that the LOC delay fu1iher processing of these
proposed laws until such time as the OBC can formally present them, in their totality, to the duly
assembled OGTC.
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ONEIDA
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Title 3. Health & Public Safety - Chapter 309
PUBLIC PEACE
309.1. Purpose and Policy
309.2. Adoption, Amendment, Repeal
309.3. Definitions
309.4. Jurisdiction and Authority
309.5. Civil Infractions Against Property
309.6. Civil Infractions Against the Peace
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309.7. Civil Infractions Against Government
309.8. Civil Infractions Against the Person
309.9. Civil Infractions Involving Alcohol, Tobacco, and Drugs
309.10. Civil Infractions Affecting Health and Safety
309.11. Enforcement and Penalties
309.1. Purpose and Policy
309.1-1. Purpose. The purpose of this law is to set forth community standards and expectations
which preserve the peace, harmony, safety, health, and general welfare of individuals who live
within the boundaries of the Reservation.
309.1-2. Policy. It is the policy of the Nation to promote peace and order within the boundaries of
the Reservation while also providing an orderly process for addressing civil infractions that occur.
309.2. Adoption, Amendment, Repeal
309.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.
309.2-2. 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.
309.2-3. 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.
309.2-4. 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.
309.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
309.3. Definitions
309.3-1. 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) “Adult at risk” means any adult who has a physical or mental condition that
substantially impairs his or her ability to care for his or her needs and who has experienced,
is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or
financial exploitation.
(b) “Alcohol beverage” means a fermented malt beverage and any intoxicating liquor.
(c) “Bodily harm” means physical pain or injury, illness, or any impairment of physical
condition.
(d) “Child” means a person who has not attained the age of eighteen (18) years.
(e) “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective
of size, shape and irrespective of the tobacco being flavored, adulterated, or mixed with
any other ingredient, where such roll has a wrapper or cover made of paper or any material,
except where such wrapper is wholly or in the greater part made of natural leaf tobacco in
its natural state.
(f) “Drug paraphernalia” means any equipment, product, object or container used or
intended for use to cultivate, plant, maintain, manufacture, package or store a prohibited
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drug or inject, ingest, inhale or otherwise introduce an prohibited drug into the human body,
regardless of the material composition of the instrument used for such purposes.
(g) “Elder at risk” means any person age fifty-five (55) or older who has experienced, is
currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial
exploitation.
(h) “Electronic cigarette” means device that enables a person to ingest nicotine, or other
chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and
other products used to refill the device. “Electronic cigarette” shall not include any device
that is prescribed by a healthcare professional.
(i) “Fleet vehicle” means a vehicle owned or leased by the Nation.
(j) “Gang” means an association of three (3) or more individuals whose members
collectively identify themselves by adopting a group identity which they use to create an
atmosphere of fear or intimidation frequently by employing one (1) or more of the
following: a common name, slogan, identifying sign, symbol, tattoo, or other physical
marking, style or color of clothing, hairstyle, hand sign or graffiti.
(k) “Intoxication” means not having the normal use of mental or physical faculties by
reason of the introduction of an alcohol beverage or a prohibited drug, or any other
substance into the body.
(l) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17-A.
(m) “Liter” means all rubbish, waste materials refuse, garbage, trash debris, or other
foreign substances, solid, liquid, or every form, size, and kind.
(n) “Merchant” means a person who deals in goods of the kind or otherwise by his or her
occupation holds himself or herself out as having knowledge or skill peculiar to the
practices or goods involved in the transaction or to whom such knowledge or skill may be
attributed by his or her employment of an agent or broker or other intermediary who by his
or her occupation holds himself or herself out as having such knowledge or skill.
(o) “Nation” means the Oneida Nation.
(p) “Official” means any person who is elected or appointed to serve a position for the
Nation, including, but not limited to, a position on a board, committee, commission, or
office of the Nation, including the Oneida Business Committee and Judiciary.
(q) “Pecuniary loss” means a loss of money, or of something by which money or of value
may be acquired.
(r) “Prohibited drug” means marijuana, cocaine, opiates, amphetamines, phencyclidine
(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substance
included in Schedules I through V, as defined by Section 812 of Title 21 of the United
States Code. Prohibited drugs also includes prescription medication or over-the-counter
medicine used in an unauthorized or unlawful manner.
(s) “Recklessly” mean a person acts recklessly, or is reckless, with respect to circumstance
surrounding his or her conduct, or the result of his or her conduct when he or she is aware
of, but consciously disregards a substantial and unjustifiable risk that the circumstances
exist or the result will occur. The risk must be of such a nature and degree that its disregard
constitutes a gross deviation from the standard of care that an ordinary person would
exercise under all the circumstances as viewed from the person’s standpoint.
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(t) “Reservation” means all land 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.
(u) “Sexual harassment” means unwelcome sexual advances, requests for sexual favors,
or other verbal or physical conduct of a sexual nature, submission to which is made a term
or condition of a person's exercise or enjoyment of any right, privilege, power, or
immunity, either explicitly or implicitly.
(v) “Theft detection device" means any tag or other device that is used to prevent or detect
theft and that is attached to merchandise held for resale by a merchant or to property of a
merchant.
(w) “Theft detection device remover" means any tool or device used, designed for use or
primarily intended for use in removing a theft detection device from merchandise held for
resale by a merchant or property of a merchant.
(x) “Theft detection shielding device" means any laminated or coated bag or device
designed to shield merchandise held for resale by a merchant or property of a merchant
from being detected by an electronic or magnetic theft alarm sensor.
(y) “Tobacco products” means cigars; cheroots; stogies; periques; granulated, plug cut,
crimp cut, ready-rubbed and other smoking tobacco; snuff, including moist snuff; snuff
flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts;
refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of
tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or
otherwise, or both for chewing and smoking.
(z) “Trial Court” means the Trial Court of the Oneida Nation Judiciary.
(aa) “Weapon” means guns, switchblade knives, knives with blades longer than three (3)
inches that are not being used for food preparation, electric weapons, billy clubs, and any
other similar instrument or device.
309.4. Jurisdiction and Authority
309.4-1. Jurisdiction of the Court. The Trial Court shall have jurisdiction over any action brought
under this law.
309.4-2. Standard of Proof. All matters to be decided by the Trial Court shall be proven by clear
and convincing evidence.
309.4-3. Authority of the Oneida Police Department. The Oneida Police Department shall have
the authority to:
(a) investigate complaints involving civil infractions under this law; and
(b) issue citations for violations of this law.
309.4-4. General Prohibition of Civil Infractions. No person shall commit a civil infraction under
this law.
309.5. Civil Infractions Against Property
309.5-1. Damage to Property. A person commits the civil infraction of damage to property if he
or she, without the consent of the owner:
(a) damages or destroys the property of the owner;
(b) tampers with property of the owner and causes pecuniary loss or substantial
inconvenience to the owner or a third person;
(c) makes markings, including inscriptions, slogans, drawings, or paintings on the property
of the owner; and/or
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(d) alters, defaces, or damages in any way property owned by the Nation.
309.5-2. Reckless Damage or Destruction. A person commits the civil infraction of reckless
damage or destruction if without the consent of the owner he or she recklessly damages or destroys
the property of the owner.
309.5-3. Trespass. A person commits the civil infraction of trespass if he or she:
(a) enters or remains on private property or property of the Nation without consent and he
or she:
(1) had notice that the entry was forbidden; or
(2) received notice or order to depart but failed to do so.
(b) Notice. Notice or an order to depart may be given by:
(1) written or verbal communication given to the intruder by an Oneida Police
Department officer, the owner of the property, or a person authorized to act on
behalf of the owner;
(2) written notice posted on or about the property in a manner reasonably likely to
come to the attention of potential intruders; or
(3) fences, barricades, or other devices manifestly designed to enclose the property
and to exclude potential intruders.
309.5-4. Theft. A person commits the civil infraction of theft is he or she:
(a) obtains, exercises control over, or conceals anything of value of another without the
consent of the owner; or
(b) having lawfully obtained possession for temporary use of the property, deliberately
and without consent, fails to return or reveal the whereabouts of said property to the owner,
his or her representative or the person from which he or she has received it with the intent
to permanently deprive the owner of its use and benefit.
309.5-5. Retail Theft. A person commits the civil infraction of retail theft if he or she without the
merchant's consent and with intent to deprive the merchant permanently of possession or the full
purchase price of the merchandise or property:
(a) intentionally alters indicia of price or value of merchandise held for resale by a
merchant or property of a merchant;
(b) intentionally takes and carries away merchandise held for resale by a merchant or
property of a merchant;
(c) intentionally transfers merchandise held for resale by a merchant or property of a
merchant;
(d) intentionally conceals merchandise held for resale by a merchant or property of a
merchant;
(e) intentionally retains possession of merchandise held for resale by a merchant or
property of a merchant;
(f) while anywhere in the merchant's premises, intentionally removes a theft detection
device from merchandise held for resale by a merchant or property of a merchant;
(g) uses, or possesses with intent to use, a theft detection shielding device to shield
merchandise held for resale by a merchant or property of merchant from being detected by
an electronic or magnetic theft alarm sensor; and/or
(h) uses, or possesses with intent to use, a theft detection device remover to remove a theft
detection device from merchandise held for resale by a merchant or property of a merchant.
309.5-6. Loitering. A person commits the civil infraction of loitering if he or she loiters or prowls
in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that
warrant alarm for the safety of persons or property in the vicinity.
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(a) Among the circumstances which may be considered in determining whether such alarm
is warranted is the fact that the person:
(1) takes flight upon appearance of an Oneida Police Department Officer;
(2) refuses to identify himself or herself or manifestly endeavors to conceal himself
or herself or any object; or
(3) refuses to leave the premises after being requested to move by an Oneida Police
Department officer or by any person in authority at such place.
309.5-7. Fraud. A person commits the civil infraction of fraud if, to obtain property, money, gain,
advantage, interest, asset, or services for himself or herself or another he or she:
(a) makes a materially false or misleading statement which he or she knows to be untrue
or makes a remark with reckless disregard to the accuracy of the statement;
(b) withholds information by misrepresentation or deceit; or
(c) with intent to defraud or harm another, he or she destroys, removes, conceals, alters,
substitutes or otherwise impairs the verity, legibility, or availability of a writing.
309.5-8. Negligent Handling of Burning Material. A person commits the civil infraction of
negligent handling of burning material if he or she handles burning material in a highly negligent
manner in which the person should realize that a substantial and unreasonable risk of serious
damage to another person or another’s property is created.
309.6. Civil Infractions Against the Peace
309.6-1. Disorderly Conduct. A person commits the civil infraction of disorderly conduct if he
or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise
disorderly conduct under circumstances in which the conduct tends to cause or provoke a
disturbance. A civil infraction of disorderly conduct may include, but is not limited to, the
following behaviors:
(a) fights with another person within the boundaries of the Reservation;
(b) discharges a firearm and/or air gun that are prohibited;
(c) makes or causes to be made any loud, disturbing or unnecessary sounds or noises which
may annoy or disturb a person of ordinary sensibilities;
(d) abuses or threatens a person on property of the Nation in an obviously offensive
manner;
(e) lies or sleeps on any street, alley or sidewalk, or in any other property of the Nation, or
upon private property that he or she has no right to occupy; or
(f) uses abusive, indecent, profane, or vulgar language in property of the Nation, and the
language by its very utterance tends to incite an immediate breach of the peace.
309.6-2. Carrying a Prohibited Weapon. A person commits the civil infraction of carrying a
prohibited weapon if he or she bears or carries on or about his or her person, whether in the open
or concealed, a weapon on any public property of the Nation, including any buildings, gaming or
retail business, facility, construction site, fleet vehicle, or at any event sponsored by the Nation.
(a) Exceptions. An individual shall not be considered to have committed the civil
infraction of carrying a prohibited weapon if he or she is actively engaged in:
(1) the performance of the duties of his or her employment which requires a
weapon to be carried, including sworn law enforcement officers or vendors who
transport and/or distribute cash;
(2) hunting, fishing, or trapping in accordance with the Nation’s laws and rules
governing hunting, fishing, and trapping; or
(3) cultural activities or ceremonies.
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309.6-3. Gang Related Activity. A person commits the civil infraction of gang activity if he or
she participates in any activity with a gang which:
(a) creates an atmosphere of fear and intimidation in the community;
(b) engages in acts injurious to the public health, safety, or morals of the Nation; and/or
(c) engages in gang-focused illegal activity either individually or collectively.
309.6-4. Throwing or Shooting Projectiles. A person commits the civil infraction of throwing or
shooting projectiles if he or she throws or shoots any object, stone, snowball, or other projectile
by hand or by any other means, at any person, or at or into any building, street, sidewalk, alley,
highway, park, playground or other public place.
309.6-5. Obstructing Streets and Sidewalks. A person commits the civil infraction of obstructing
streets and sidewalks if he or she stands, sits, loafs, loiters, engages in any sport of exercise, or
uses or maintains a motor vehicle on any public street, sidewalk, bridge, or public ground within
the Reservation in such manner as to:
(a) prevent or obstruct the free passage of pedestrian or vehicular traffic;
(b) prevent or hinder free ingress to or egress from any place of business or amusement or
any church, public building or meeting place; or
(c) prevent the Nation from utilizing a snowplow or other maintenance equipment or
vehicles.
309.6-6. Nuisance. A person commits the civil infraction of nuisance whenever he or she engages
in a thing, act, occupation, condition or use of property which shall continue for such length of
time as to:
(a) substantially annoy, injure or endanger the comfort, health, repose or safety of the
public;
(b) in any way render the public insecure in life or in the use of property; and/or
(c) greatly offend the public morals or decency.
309.6-7. Maintaining a Chronic Nuisance House. A person commits the civil infraction of
maintaining a chronic nuisance house if he or she has three (3) or more police contacts occurring
during a twelve (12) month period at the premises that he or she owns or occupies through a lease
or rental agreement.
309.6-8. Interfering with Lawful Arrest or Resisting Arrest. A person commits the civil infraction
of interfering with lawful arrest or resisting arrest if by force, violence or other means, he or she:
(a) interferes, hinders or resists any Oneida Police Department officer in the performance
of his or her official duties;
(b) flees from any Oneida Police Department officer who is attempting to lawfully arrest
or detain him or her; or
(c) assists another to avoid a lawful arrest or harbors a fugitive.
309.7. Civil Infractions Against Government
309.7-1. Disrupting a Meeting or Government Function. A person commits the civil infraction
of disrupting a meeting or government function if he or she:
(a) conducts himself or herself in a manner intended to prevent or disrupt a lawful meeting
held in any property owned or controlled by the Nation;
(b) refuses or fails to leave any property of the Nation upon being requested to do so by
any official charged with maintaining order in such property of the Nation;
(c) willfully denies any official, employee or member of the Nation the lawful right of such
person to enter, to use the facilities, or to leave any property of the Nation;
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(d) at or in any property of the Nation willingly impedes any official or employee in the
lawful performance of his or her duties or activities through the use of restraint, coercion,
intimidation or by force and violence or threat thereof; and/or
(e) at any meeting or session conducted by any official of the Nation, held in any property
of the Nation; through the use of restraint, coercion, intimidation or by force and violence
or threat thereof; willfully impedes, disrupts, or hinders the normal proceedings of such a
meeting or session by any act of intrusion into the chamber or other areas designated for
the use of the body or official to conduct such a meeting.
309.7-2. Breach of Confidentiality. A person commits the civil infraction of breach of
confidentiality if he or she;
(a) makes or disseminates any unauthorized audio or video recording within the designated
meeting area of a General Tribal Council meeting, or executive session portion of a meeting
of the Oneida Business Committee or any other board, committee, or commission of the
Nation; or
(b) disseminates any confidential meeting materials of the General Tribal Council, Oneida
Business Committee, or any other board, committee, or commission of the Nation,
including but not limited to, meeting packets and meeting minutes, to any individual not
authorized to access the materials.
309.7-3. Threatening an Official. A person commits the civil infraction of threatening an official
if he or she threatens to inflict serious injury against an official, a member of the official’s family,
or the official’s property as a result of any action taken by the official in the course of his or her
duties.
309.8. Civil Infractions Against the Person
309.8-1. Assault. A person commits the civil infraction of assault if he or she:
(a) causes bodily harm to another;
(b) threatens another with imminent bodily harm;
(c) causes physical contact with another when the person knows or should reasonably
believe that the other person will regard the contact as offensive or provocative;
(d) uses or exhibits a weapon during the commission of the assault; or
(e) forcibly assaults or intimidates any authorized law enforcement official lawfully
discharging an official duty.
309.8-2. Harassment. A person commits the civil infraction of harassment if, with intent to harass,
alarm, abuse, or torment another he or she:
(a) initiates communication in person, by telephone, in writing, or through any means of
electronic communication and in the course of the communication makes a comment,
request, suggestion or proposal that is obscene or false;
(b) threatens, in person, by telephone, in writing, or through any means of electronic
communication in a manner reasonably likely to alarm the person receiving the threat, to
inflict serious injury against the person, a member of his or her family, or his or her
property;
(c) conveys, in a manner reasonably likely to alarm the person receiving the report, a false
report, which is known by the conveyer to be false, that another person has suffered death
or serious bodily harm;
(d) causes the telephone of another to ring repeatedly or makes repeated telephone
communications anonymously or in a manner reasonably likely to harass, alarm, abuse,
torment, or offend another;
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(e) knowingly permits a telephone or electronic device under his or her control to be used
by a person to commit an infraction under this section; or
(f) intentionally subjects another to sexual harassment.
309.8-3. Abuse of Individuals at Risk. A person commits the civil infraction of abuse of
individuals at risk if he or she subjects an adult at risk or elder at risk to any of the following:
(a) physical abuse;
(b) emotional abuse;
(c) sexual abuse;
(d) unreasonable confinement or restraint;
(e) financial exploitation; and/or
(f) deprivation of a basic need for food, shelter, clothing, or personal or health care,
including deprivation resulting from the failure to provide or arrange for a basic need by a
person who has assumed responsibility for meeting the need voluntarily or by contract,
agreement, or court order.
309.8-4. Truancy. A person commits the civil infraction of truancy if he or she fails without good
cause to ensure that a child he or she is responsible for the care of attends school in accordance
with the rules of the school district in which the child is enrolled.
309.9. Civil Infractions Involving Alcohol, Tobacco, and Drugs
309.9-1. Public Intoxication. A person commits the civil infraction of public intoxication if he or
she appears intoxicated by alcohol beverages and/or prohibited drugs on public property of the
Nation to the degree that the person may endanger himself or herself, or another person.
309.9-2. Unauthorized Alcohol Beverage. A person commits the civil infraction of unauthorized
alcohol beverage if he or she consumes or possesses any open or unsealed container containing an
alcohol beverage on any public way, in any parking lot held for public use, or on or within the
premises of a public place or on or in any motor vehicle on a public way or in parking lot held out
for public use, unless such person is on the premises of an establishment holding a valid license
for the on premises consumption of alcoholic beverages. No person may possess or consume an
alcohol beverage on school premises or while participating in a school-sponsored activity.
309.9-3. Underage Possession of Alcohol. A person commits the civil infraction of underage
possession of alcohol if he or she purchases, attempts to purchase, possesses, or consumes an
alcohol beverage prior to reaching the age of twenty-one (21) years unless accompanied by his or
her parent, guardian, or spouse who has attained the legal drinking age.
309.9-4. Furnishing Alcohol Beverages to Minors. A person commits the civil infraction of
furnishing alcohol beverages to minors if he or she procures for, sells, dispenses or gives away any
alcohol beverages to any person under the age of twenty-one (21) years who is not accompanied
by his or her parent, guardian, or spouse who has attained the legal drinking age.
309.9-5. Underage Possession of Tobacco. A person commits the civil infraction of underage
possession of tobacco if he or she purchases, attempts to purchase, possesses, or consumes a
cigarette, electronic cigarette, or other tobacco product prior to reaching the age of twenty-one (21)
years.
309.9-6. Furnishing Tobacco to Minors. A person commits the civil infraction of furnishing
tobacco to minors if he or she procures for, sells, dispenses or gives away a cigarette, electronic
cigarette, or other tobacco product to any person under the age of twenty-one (21) years.
309.9-7. Misrepresentation of Identification Card. A person commits the civil infraction of
misrepresentation of identification card if he or she:
3. O.C. 309 – Page 8
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(a) intentionally carries an official identification card not legally issued to him or her, an
official identification card obtained under false pretenses or an official identification card
which has been altered or duplicated to convey false information;
(b) makes, alters or duplicates an official identification card purporting to show that he or
she has attained the legal age to purchase and consume alcohol beverages or cigarettes,
electronic cigarettes, or other tobacco products;
(c) presents false information to an issuing officer in applying for an official identification
card; and/or
(d) intentionally carries an official identification card or other documentation showing that
the person has attained the legal age to purchase and consume alcohol beverages or
cigarettes, electronic cigarettes, or other tobacco products, with knowledge that the official
identification card or documentation is false.
309.9-8. Possession of Prohibited Drugs. A person commits the civil infraction of possession of
prohibited drugs if he or she possesses or consumes a prohibited drug or is in possession of any
drug paraphernalia.
309.9-9. Manufacturing Prohibited Drugs. A person commits the civil infraction of
manufacturing prohibited drugs if he or she manufactures, sells, or distributes any prohibited drug
or drug paraphernalia.
309.9-10. Maintaining a Drug House. A person commits the civil infraction of maintaining a
drug house if he or she owns or occupies any premise that is used to facilitate the use, delivery,
distribution or manufacture of a prohibited drug.
309.9-11. Determination of Prohibited Drugs. An Oneida Police Department officer shall make
the determination as to whether a substance is a prohibited drug using standard law enforcement
field testing practices.
309.10. Civil Infractions Affecting Health and Safety
309.10-1. Littering. A person commits the civil infraction of littering if he or she deposits, throws,
dumps, discards, abandons, leaves any litter on any private property or property of the Nation.
309.10-2. Unsightly Areas. A person commits the civil infraction of unsightly areas if he or she
allows any scrap, refuse, junk, salvage, rubbish or property within the exterior boundaries of the
Reservation that creates unsightly areas and/or contributes to health and safety hazards.
309.10-3. Depositing Human Waste. A person commits the civil infraction of depositing human
waste if he or she urinates or defecates upon any public or private property other than into a toilet
or other device designed and intended to be used to ultimately deposit such human waste products
into a septic or sanitary sewer system.
309.10-4. Exposure of a Communicable or Infectious Disease. A person commits the civil
infraction of exposure of a communicable or infectious disease if he or she is knowingly infected
with a communicable or infectious disease and willfully exposes himself or herself to another
person, which puts that person in danger of contracting the communicable or infectious disease.
309.11. Enforcement and Penalties
309.11-1. Issuance of a Citation. An individual who violates a provision of this law may be
subject to the issuance of a citation by an Oneida Police Department officer.
(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 Trial 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.
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(c) Notice to the Comprehensive Housing Division. An Oneida Police Department officer
shall provide notice to the Oneida Law Office attorney assigned to the Comprehensive
Housing Division of any citation issued to an individual located at a property rented or
leased through the Comprehensive Housing Division. Any information or reports shared
by the Oneida Police Department officer with the Oneida Law Office attorney shall remain
confidential as agreed upon between the Oneida Law Office and the Oneida Police
Department Chief of Police.
(1) Notwithstanding constraints imposed by any rules promulgated under any laws
of the Nation governing leases, eviction, and/or termination, the Oneida Law Office
attorney is vested with the discretion to resolve any housing related enforcement
occurring in accordance with this law to the mutual benefit of all involved parties.
309.11-2. Penalties. Upon a finding by the Trial Court that a violation of this law has occurred,
the individual 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 adopt through resolution a citation 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 negotiated by the Oneida Law Office and
approved by the Trial Court.
(3) If an individual does not pay his or her fine the Trial 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 Trial 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 Trial Court. The
Trial 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 Trial 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 Trial 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 Trial Court determines is relevant.
(c) Counseling and/or other Programs. An individual may be ordered to participate in
counseling and/or any other program relevant and available to the Nation.
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(d) Restitution. An individual may be ordered to pay restitution, which may include the
repayment of any improperly received benefit, or any other payment which is intended to
make another whole after suffering losses as a result of the actions of the individual.
(e) Any other penalty as deemed appropriate by the Trial Court.
End.
Adopted – BC-__-__-__-__
3. O.C. 309 – Page 11
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Legislative Operating Committee
July 7, 2021
Oneida General Welfare Law
Amendments
Submission Date: 12/18/18
LOC Sponsor: Jennifer Webster
Public Meeting: N/A
Emergency Enacted: 8/12/20, 2/10/21
Summary: This item was carried over from last term. The Oneida Business Committee directed IGAC,
Self-Governance and the Law Office to develop a plan of action to create rules for exempting income per
the Tribal General Welfare Exclusion Act. At the December 18, 2018 Business Committee Work Meeting,
the Oneida Business Committee requested that the General Welfare Exclusions Act – Income Exemptions
item be sent over to the LOC for consideration to develop a law/code/ordinance that would define the
income exemptions under the General Welfare Exclusion Act. As a result of the COVID-19 pandemic,
emergency adoption of an Oneida General Welfare law was sought to create a law that provides a
mechanism to address the economic needs of members of the Nation during the COVID-19 pandemic. The
purpose of this Law is to provide assistance, on a non-taxable basis, to eligible Tribal members through
approved programs that promote the general welfare of the Nation. The Law sets a framework and
provides guidelines for the Nation to establish and operate approved programs which provide assistance
to eligible Tribal members to promote the general welfare of the Nation, including programs designed to
enhance the promotion of health, education, self-sufficiency, self-determination, and the maintenance of
culture and tradition, entrepreneurship, and employment. The Oneida Business Committee adopted the
Oneida General Welfare law on an emergency basis through the adoption of resolution BC-08-12-20-D.
The emergency adoption of the Law will expire on February 12, 2021. The Oneida Business Committee
then adopted emergency amendments to the Oneida General Welfare law on February 10, 2021, through
resolution BC-02-10-21-B for the purpose of addressing the means in which the Oneida Business
Committee may adopt an approved program – the emergency amendment would allow the Oneida
Business Committee to adopt an approved program through resolution in addition to through the adoption
of a law. The emergency adoption of the Law will expire on August 10, 2021.
10/7/20 LOC: Motion by Kirby Metoxen to add the Oneida General Welfare Law to the Active Files List
with Jennifer Webster as the sponsor; seconded by Marie Summers. Motion carried
unanimously.
1/14/21:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman King, Clorissa N. Santiago, Lawrence Barton, Rae Skenandore, Carl Artman,
Susan House, Kristal Hill, James Petitjean. This was a work meeting held through Microsoft
Teams. The purpose of this work meeting was to discuss the Oneida General Welfare law, the
Oneida Higher Education Pandemic Relief Fund law, the Pandemic Relief Assistance law,
and the FY21 Budget Directive found in resolution BC-11-24-20-F and determine a plan for
meeting these directives and addressing these items on a permanent basis.
1/28/21:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman
King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work meeting held
Page 1 of 3
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through Microsoft Teams. The purpose of this work meeting was to review the proposed
emergency amendments to the Law and emergency adoption packet materials.
2/3/21 LOC:
Motion by Jennifer Webster to approve the Oneida General Welfare law emergency adoption
packet and forward to the Oneida Business Committee for consideration; seconded by Marie
Summers. Motion carried unanimously.
2/9/21:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman King, Clorissa N. Santiago, Carl Artman, JoAnne House, Lawrence Barton,
Ralinda Ninham-Lamberies, Rae Skenandore, Keith Doxtator, Susan House, Kristal Hill,
Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of
this work meeting was to touch base and discuss the progress that was being made in bringing
forward emergency amendments to the Oneida General Welfare law and developing the
approved programs – through adoption of a resolution – to meet the FY21 budget directive in
resolution BC-11-24-20-F.
2/10/21 OBC: Motion by Lisa Liggins to adopt resolution 02-10-21-B Emergency Amendments to the
Oneida General Welfare Law with two (2) changes [1) in line16, correct date to March 13,
2021; and 2) in line 18, insert the appropriate resolution number], seconded by Jennifer
Webster. Motion carried.
Motion by Lisa Liggins to request the Legislative Operating Committee and Legislative
Reference Office to bring forward a BC SOP to an upcoming BC Work Session regarding
how laws and resolutions are submitted to the Business Committee in accordance with this
resolution, seconded by Jennifer Webster. Motion carried.
4/14/21 OBC: Motion by Lisa Liggins to defer this item [Oneida Nation Assistance Fund Resolution] until
after executive session noting the resolution will be brought back with three (3) additional
considerations, [1) the correction to line 45 [change from, "...between 18 to 61 years of...",
change to, "...age 18 or older..."]; 2) noting the LOCs considerations for possible garnishments
moving forward; 3) CFO’s comments regarding Treasury guidance for the 65 and over
payment.], seconded by Marie Summers. Motion carried.
Motion by Lisa Liggins to adopt the Oneida Business Committee standard operating
procedure entitled Oneida General Welfare Law - Adoption of an Approved Program and
direct the Secretary to finalize the SOP and publish, seconded by David P. Jordan. Motion
carried.
4/21/21:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman King, Clorissa N. Santiago, Kristen Hooker, Kristal Hill, Rhiannon Metoxen.
The purpose of this work meeting was to discuss a plan for how to address the Oneida Business
Committee directive contained in resolution BC-04-14-21-D that the LOC consider how
garnishments will be handled for general welfare exclusion payments moving forward.
4/29/21:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. The purpose of
this work meeting was to review and discuss the public comment period notice for the question
of “Should assistance provided by an approved program under the Oneida General Welfare
law be subject to attachment or garnishment?”
5/5/21 LOC:
Motion by Jennifer Webster to approve the Oneida General Welfare law amendments public
comment period notice for the question, “Should assistance provided by an approved program
under the Oneida General Welfare law be subject to attachment or garnishment?” and
Page 2 of 3
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forward this question to a public comment period to be held open until June 9, 2021; seconded
by Marie Summers. Motion carried unanimously.
6/24/21:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Clorissa N. Santiago, Kristal Hill, Kristen Hooker. This was a work meeting held through
Microsoft Teams. The purpose of this work meeting was to review and discuss the public
comments that were received regarding the question, “Should assistance provided by an
approved program under the Oneida General Welfare law be subject to attachment or
garnishment?”
Next Steps:
Accept the public comments that were received for the Oneida General Welfare law
amendments question, “Should assistance provided by an approved program under the
Oneida General Welfare law be subject to attachment or garnishment?”
Page 3 of 3
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54115-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Legislative Operating Committee (LOC)
Clorissa N. Santiago, Legislative Reference Office, Senior Staff Attorney
July 7, 2021
Oneida General Welfare Law: Should assistance provided by an approved program
under the Oneida General Welfare law be subject to attachment or garnishment?
Background
The purpose of the Oneida General Welfare law is to set forth a framework and provide guidelines
for the Nation to establish and operate approved programs to provide assistance on a non-taxable
basis to eligible members of the Nation which promote the general welfare of the Nation, including
programs designed to enhance the promotion of health, education, self-sufficiency, selfdetermination, and the maintenance of culture and tradition, entrepreneurship, and employment.
Approved programs must be adopted by the Oneida Business Committee through either law or
resolution of the Nation, and provide the specific eligibility rules and limitations applied to that
program. Examples of approved programs adopted by the Nation include the Pandemic Relief
Assistance Program, Oneida Higher Education Pandemic Relief Fund, and the Oneida Nation
Assistance Fund. Any assistance received from an approved program under the Oneida General
Welfare law is required to be used only for the purpose stated in the approved program description.
Currently, the Oneida General Welfare law provides that assistance received by a person from an
approved program is not subject to attachment or garnishment by creditors. Assistance received
by a person from an approved program is not a per capita payment or income. Assistance provided
for through approved programs is not attached or garnished for debt or child support owed due to
the fact that any assistance provided through an approved program is provided on a needs-based
basis for the purpose of promoting the general welfare of the individual and the Nation.
On May 5, 2021, the Legislative Operating Committee directed that a public comment period be
held open until June 9, 2021, to allow for the community to provide input as to the following
question: Should assistance provided by an approved program under the Oneida General Welfare
law be subject to attachment or garnishment?
Comments Received
The Legislative Operating Committee received the following comments regarding this question:
Comment 1 – Lisa Liggins:
Garnishment or attachment of General Welfare Payments are against public policy. The purpose
of General Welfare Payments, as identified in the notice, are payments “which promote the general
welfare of the Nation, including programs designed to enhance the promotion of health, education,
self-sufficiency, self-determination, and the maintenance of culture and tradition,
entrepreneurship, and employment.”
Page 1 of 4
46 of 58
A member receiving this payment is receiving public support necessary to improve their health,
housing, safety through educational benefits to improve employment opportunities, assistance in
making utility payments to maintain healthy living conditions, day care assistance so a parent can
find and be employed for wages to support a family, assistance in starting up a business that
provides income and wages for owners and employees and benefits the Reservation economy.
To attach or garnish a benefit provided to a person in need simply drives up the cost of the benefit
to the Nation, or provides a disincentive for a member to improve his or her life after which they
can pay debt or child support, etc. The opportunity to take advantage of General Welfare Payments
is a positive impact on families and children, as well as the individual obtaining the support. It is
not immediate, but long term impacts are equally important in providing self-sustaining member
lifestyles and reducing government programming needs overall.
In short, a garnishment or attachment is a one-time action and is not repeatable. It accomplishes
two negative goals. First, it removes benefits from a member intended to provide improvements
to their lives which allows them to be responsible for their debt or child support payments, etc.
Second, it drives two families further into governmental support services – the member who would
have received the benefit to improve their lives, and the member who would have received full
debt relief or full support payments owed.
Comment 2 – Raeann Skenandore:
In response to the question: Should assistance provided by an approved program under the Oneida
General Welfare law be subject to attachment or garnishment?
Other than where an attachment would benefit the needs of children, a general welfare distribution
attached for debts owed to the Nation. Wages can be garnished for debts owed, but a “per capita”
distribution should not be used or considered a source of payment for debts owed.
In the scenario where a general welfare distribution payment to a member who owes a debt, both
the individual debtor and the Nation Entity often see those distributions as a means to collect the
debt. It is already happening. A individual will know or expect to receive a payment. They stop
taking personal responsibility for their expenses and allow the debt to grow knowing that the
general welfare of per capita payment will cover it. I’ve seen departments also hold off on sending
invoices to individuals in the pandemic because the per capita distribution was eliminated. They
will wait until a payment distribution is announced before resuming collection activity. That type
of mentality is detrimental and promotes the idea of government dependency instead of personal
accountability. If I owe a debt, I need to pay it or make arrangements to pay. I shouldn’t wait for
a payment distribution to cover it for me. Further, I don’t believe that tribal debt is reported to
general collection agencies either. Even that effort may deter individuals from accumulating debt
to the Nation. There is no mechanism in place to hold individuals accountable financially when it
comes to purchasing tribal goods or services.
Comment 3 – Jolene Hensberger:
Page 2 of 4
47 of 58
Hello – thank you for requesting community input on the General Welfare law and whether
programs under it should be subject to garnishment or attachment. With the information provided,
my input is to not have any programs under the general welfare assistance be subject to attachments
or garnishments. The main reason for my response, per the information, is that the welfare
assistance programs are not considered income. From my understanding, a writ of attachment or
garnishment is to stop or withhold income or earnings; therefore, they should not be considered
subject to garnishments or attachments. Thank you!
Comment 4 – Legal Resource Center (Gerald Hill, Tsyolake House, Wes Martin):
The General Tribal Council-Legal Resource Center (GTC LRC) has been established by the
Oneida General Tribal Council (OGTC) pursuant to Resolution BC Resolution #05-24-17 A Legal
Resource Center Emergency Law and adopted BC Resolution# 09-13-171 Legal Resource Center
for the purpose of assisting Oneida Tribal Members and Employees to address matters arising out
of Oneida Nation laws and policies, and which can be addressed in the courts of the Oneida Nation
Judiciary. As officials elected by the OGTC this office is obliged to represent, as best we can, the
general concerns of the people who elected us. The membership of the Nation will be those most
affected by these proposed laws and thus should have the most opportunity to review and comment
on them.
It is in that capacity we wish to make some cursory comments on the two proposed laws named
above.
ONEIDA GENERAL WELFARE LAW
The Garnishment and Attachment provisions of this law are too stringent to be considered as
benefitting the most vulnerable segment of the Nation's membership. For example, consider the
likely following outcomes
1. Anymore attachment of Garnishment of any kind right now would be not advisable. Many
of the Oneida Membership have been financially devastated by COVID-19, loss of income,
behind in bills, rent. This Law should be put on hold for at least two (2) years.
2. If the law should move forward, Garnishment should be on income only, not SS, SSI,
Veteran Pension, etc.
3. Tribal Garnishment should not include any grants, subsidized money forms the Oneida
Nation.
4. Any foreign Garnishment must be refiled in the Oneida Judiciary and signed by the Oneida
Judiciary Judge.
5. Any Garnishment needs to go through the Oneida Judiciary, except debts to the Oneida
Nation from Per Capita.
6. Any funds to be Garnished at Bay Bank must be approved by the Oneida Judiciary Court
Order.
CONCLUSION
For the reasons stated above it is recommended that the LOC delay further processing of these
proposed laws until such time as the OBC can formally present them, in their totality, to the duly
assembled OGTC.
Page 3 of 4
48 of 58
Review and Determination by the Legislative Operating Committee
On June 24, 2021, the Legislative Operating Committee held a work meeting to review and
consider the comments that were received from members of the community regarding the question:
Should assistance provided by an approved program under the Oneida General Welfare law be
subject to attachment or garnishment?
The Legislative Operating Committee determined that the Oneida General Welfare law should
remain as currently drafted and provide that assistance received by a person from an approved
program is not subject to attachment or garnishment by creditors.
""'
000000
A good mind. A good heart. A strong fire.
Page 4 of 4
ONEIDA
49 of 58
From:
To:
Subject:
Date:
Jolene D. Hensberger
LOC
Input on Public Comment re General Welfare law
Monday, May 24, 2021 9:23:13 AM
Hello – thank you for requesting community input on the General Welfare law and
whether programs under it should be subject to garnishment or attachment.
With the information provided, my input is to not have any programs under the
general welfare assistance be subject to attachments or garnishments.
The main reason for my response, per the information, is that the welfare assistance
programs are not considered income. From my understanding, a writ of attachment
or garnishment is to stop or withhold income or earnings; therefore, they should not
be considered subject to garnishments or attachments.
Thank you!
Jolene D. Hensberger
The contents of this email message and any attachments are intended solely for the addressee(s) and may
contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the
intended recipient or if this message has been addressed to you in error, please immediately alert the sender by
reply email and then delete this message and any attachments. If you are not the intended recipient, you are
hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly
prohibited.
50 of 58
From:
To:
Subject:
Date:
Lisa A. Liggins
LOC
Public Comment - Oneida General Welfare Law: Garnishment and Attachment
Thursday, May 6, 2021 11:31:58 AM
Garnishment or attachment of General Welfare Payments are against public policy. The purpose of
General Welfare Payments, as identified in the notice, are payments “which promote the general
welfare of the Nation, including programs designed to enhance the promotion of health, education,
self-sufficiency, self-determination, and the maintenance of culture and tradition, entrepreneurship,
and employment.”
A member receiving this payment is receiving public support necessary to improve their health,
housing, safety through educational benefits to improve employment opportunities, assistance in
making utility payments to maintain healthy living conditions, day care assistance so a parent can
find and be employed for wages to support a family, assistance in starting up a business that
provides income and wages for owners and employees and benefits the Reservation economy.
To attach or garnish a benefit provided to a person in need simply drives up the cost of the benefit
to the Nation, or provides a disincentive for a member to improve his or her life after which they can
pay debt or child support, etc. The opportunity to take advantage of General Welfare Payments is a
positive impact on families and children, as well as the individual obtaining the support. It is not
immediate, but long term impacts are equally important in providing self-sustaining member
lifestyles and reducing government programming needs overall.
In short, a garnishment or attachment is a one-time action and is not repeatable. It accomplishes
two negative goals. First, it removes benefits from a member intended to provide improvements to
their lives which allows them to be responsible for their debt or child support payments, etc. Second,
it drives two families further into governmental support services – the member who would have
received the benefit to improve their lives, and the member who would have received full debt relief
or full support payments owed.
Lisa Liggins
Secretary
Business Committee
P.O. Box 365
Oneida, WI 54155-0365
oneida-nsn.gov
51 of 58
From:
To:
Subject:
Date:
Raeann Skenandore
LOC
Public Comment on Oneida General Welfare Law
Thursday, May 6, 2021 10:58:09 AM
In response to the question: Should assistance provided by an approved program under the Oneida
General Welfare law be subject to attachment or garnishment?
Other than where an attachment would benefit the needs of children, a general welfare distribution
attached for debts owed to the Nation. Wages can be garnished for debts owed, but a “per capita”
distribution should not be used or considered a source of payment for debts owed.
In the scenario where a general welfare distribution payment to a member who owes a debt, both
the individual debtor and the Nation Entity often see those distributions as a means to collect the
debt. It is already happening. A individual will know or expect to receive a payment. They stop
taking personal responsibility for their expenses and allow the debt to grow knowing that the
general welfare of per capita payment will cover it. I’ve seen departments also hold off on sending
invoices to individuals in the pandemic because the per capita distribution was eliminated. They will
wait until a payment distribution is announced before resuming collection activity. That type of
mentality is detrimental and promotes the idea of government dependency instead of personal
accountability. If I owe a debt, I need to pay it or make arrangements to pay. I shouldn’t wait for a
payment distribution to cover it for me. Further, I don’t believe that tribal debt is reported to
general collection agencies either. Even that effort may deter individuals from accumulating debt to
the Nation. There is no mechanism in place to hold individuals accountable financially when it
comes to purchasing tribal goods or services.
Raeann Skenandore
GTC Legal Resource Center
52 of 58
Ridgeview Plaza, Suite 8
3759 West Mason Street
Oneida, WI 54155
(920) 496-5320
Email: GTC-LRC@oneidanation .org
r'\
=DDDOOD=
ONEIDA
Memorandum
TO:
Legislative Operating Committee
LOC@oneidanation.org
FROM:
Bridget A. Mendolla-Cornelius, Legal Assistant ~
GTC Legal Resource Center
DATE:
June 9, 2021
RE:
Written Comments on the Public Peace Law and Oneida General Welfare Law
Attached is the submission of the GTC Legal Resource Center written commentary of the Public
Peace Law and the Oneida General Welfare Law by Attorney Gerald L. Hill and Advocates
Wesley Martin, Jr. and Tsyoslake House for your consideration.
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GTC Legal Resource Center
Ridgeview Plaza, Suite 8
3759 West Mason Street
Oneida, WI 54155
(920) 496-5320
Email: GTC-LRC@oneidanation .org
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ONEIDA
WRITTEN COMMENTARY of the GTC Legal Resource Center on the Proposed
June 9, 2021
PUBLIC PEACE LAW and ONEIDA GENERAL WELFARE LAW
The General Tribal Council-Legal Resource Center (GTC LRC) has been established by the
Oneida General Tribal Council (OGTC) pursuant to Resolution BC Resolution #05-24-17 A
Legal Resource Center Emergency Law and adopted BC Resolution# 09-13-171 Legal
Resource Center for the purpose of assisting Oneida Tribal Members and Employees to address
matters arising out of Oneida Nation laws and policies, and which can be addressed in the courts
of the Oneida Nation Judiciary. As officials elected by the OGTC this office is obliged to
represent, as best we can, the general concerns of the people who elected us. The membership of
the Nation will be those most affected by these proposed laws and thus should have the most
opportunity to review and comment on them.
It is in that capacity we wish to make some cursory comments on the two proposed laws named
above.
PUBLIC PEACE LAW
Those effected by this law are most likely to seek legal assistance when the citations under this
law are issued. This will also bring the GTC LRC into a new area of practice within the
Judiciaiy, criminal sanctions being comingled under civil authority. The GTC LRC has not been
consulted in the development of this law notwithstanding the public notice of the comment
period. It is understandable that because of COVID-19 Emergency Protocols the usual public
hearings have been omitted. However, with the easing of such limitations it is likely that the
OBC will soon create a means of having an OGTC meeting at which proposals, such as this can
be presented. We believe with the consultation of the OGTC, the law can still be crafted not just
to punish violators, but also to understand the affects the law will have on the economically
vulnerable families within the Oneida Nation.
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The lowest income citizens of our Nation will be even more at risk of being double fined
by not only our court system. This will put these citizens in a worse off position. This will lead to
more evictions of those lower income families. Under the Chapter 610, Eviction and
Termination, (610.5-3(c)), when a tenant allegedly violates an "applicable law", the owner, in
this case the Nation, may terminate the contract or lease, which they now do. This means any
alleged violation of any pmiion of this law would put a tenant in violation of their lease or
contract with the Nation. Not only would the tenant face eviction, but in the same breath, double
fines, and possible jail time for the violation of applicable State law. This would cause an undue
burden, not only to the person committing a violation, but also hardship to the family of the
individual. Depending on how each case is prosecuted, the discretion and investigation by the
Oneida police depaiiment, we can see problems for the citizens of the Nation who cannot afford
them. Based on past cases involving evictions, there is a lack of Due Process afforded to tenants
who were only alleged to have violated an applicable law, and this law would exacerbate that
issue.
ONEIDA GENERAL WELFARE LAW
The Garnishment and Attachment provisions of this law are too stringent to be considered as
benefitting the most vulnerable segment of the Nation's membership. For example, consider the
likely following outcomes
1.
Anymore attachment of Garnishment of any kind right now would be not advisable.
Many of the Oneida Membership have been financially devastated by COVID-19, loss of
income, behind in bills, rent. This Law should be put on hold for at least two (2) years.
2. If the law should move forward, Gainishment should be on income only, not SS, SSI,
Veteran Pension, etc.
3. Tribal Gainishment should not include any grants, subsidized money fmms the Oneida
Nation.
4. Any foreign Garnishment must be refiled in the Oneida Judiciary and signed by the
Oneida Judiciary Judge.
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A good mind. A good heart. A strong fire.
ONl::IDA
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5. Any Garnishment needs to go through the Oneida Judiciary, except debts to the Oneida
Nation from Per Capita.
6. Any funds to be Garnished at Bay Bank must be approved by the Oneida Judiciary Court
Order.
CONCLUSION
For the reasons stated above it is recommended that the LOC delay fu1iher processing of these
proposed laws until such time as the OBC can formally present them, in their totality, to the duly
assembled OGTC.
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A good mind. A good heart. A strong fire.
ONEIDA
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365
Oneida-nsn.gov
AGENDA REQUEST FORM
June 4, 2021
1) Request Date: _____________________________________________________
Krystal John
2) Contact Person(s): ______________________________________
Oneida Law Office
Dept:____________________________
(920) 869-4327
kjohn4@oneidanation.org
Phone Number:_________________________
Email: __________________________________
Land Use Regulation Reimbursement Policy Repeal
3) Agenda Title:___________________________________________________________________
4) Detailed description of the item and the reason/justification it is being brought before the LOC:
_______________________________________________________________________________
See attached memorandum
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
List any supporting materials included and submitted with the Agenda Request Form
Memo
1) ________________________________
3) ________________________________
2) ________________________________
4) ________________________________
5) Please list any laws, policies or resolutions that might be affected:
LURRP
_______________________________________________________________________________
6) Please list all other departments or person(s) you have brought your concern to:
______________________________________________________________________________
7) Do you consider this request urgent?
Yes
No
If yes, please indicate why:
________________________________________________________________
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Committee.
Signature of Requester:
__________________________________________________________________________
Please send this form and all supporting materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376
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Jo Anne House, PhD | Chief Counsel
James R. Bittorf | Deputy Chief Counsel
Kelly M. McAndrews | Senior Staff Attorney
Carl J. Artman
Krystal L. John
Peggy A. Schneider
Lydia M. Witte
Law Office
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Date: 2021.06.04 15:54:48 -05'00'
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Krystal L. John
N7210 Seminary Road Ɣ P.O. Box 109 Ɣ Oneida, WI 54155 Ɣ 920.869.4327
oneida-nsn.gov
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8:30am LOC Prep
(BC_Conf_Roo
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Meeting
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7/1/2021 5:24 PM
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.