Oneida Business Committee (2024)
Tribal code
Ask Donna
What actually matters in this document.
Text
1 of 56
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
September 18, 2024
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. September 4, 2024 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Vehicle Driver Certification and Fleet Management Law Amendments (pg. 5)
2. Oneida Life Insurance Plan Law Amendments (pg. 31)
3. Landlord Tenant Law Amendments (pg. 37)
IV.
New Submissions
V.
Additions
VI.
Administrative Updates
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
2 of 56
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
r'\
mooao
ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
September 4, 2024
9:00 a.m.
Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon Skenandore
Excused: Jennifer Webster
Others Present: Clorissa N. Leeman, Carolyn Salutz
Others Present on Microsoft Teams: David P. Jordan, Eric Boulanger, Fawn Cottrell, Kristal
Hill, Maureen Perkins, Fawn Billie, Michelle Braaten, Ralinda Ninham-Lamberies, Ronald
Vanschyndel, Peggy Helm-Quest, Tavia James Charles, Todd Vanden Heuvel, Carl Artman, Rae
Skenandore, Sarah White, Evan Doxtator, Lisa Moore, Eric McLester, Amber Martinez, Marie
Cornelius, Kaylynn Gresham
I.
Call to Order and Approval of the Agenda
Jameson Wilson called the September 4, 2024, Legislative Operating Committee meeting
to order at 9:01 a.m.
Motion by Jonas Hill to approve the agenda; seconded by Marlon Skenandore. Motion
carried unanimously.
II.
Minutes to be Approved
III.
Current Business
1. Computer Resources Ordinance Amendments
Motion by Kirby Metoxen to approve the public comment review memorandum, draft, and
legislative analysis for the proposed amendments to the Computer Resources Ordinance;
seconded by Marlon Skenandore. Motion carried unanimously.
Motion by Marlon Skenandore to approve the fiscal impact statement request
memorandum and forward the materials to the Finance Department directing that a fiscal
impact statement be prepared and submitted to the LOC by September 18, 2024; seconded
by Kirby Metoxen. Motion carried unanimously.
2. Oneida Law Enforcement Ordinance Amendments
Motion by Jonas Hill to approve the draft of the proposed amendments to the Oneida Law
Enforcement Ordinance and direct that a legislative analysis be completed; seconded by
Kirby Metoxen. Motion carried unanimously.
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of September 4, 2024
Page 1 of 3
~
ONEIDA
3 of 56
3. Oneida General Welfare Law Amendments
Motion by Kirby Metoxen to accept the memorandum entitled, Removal of the Oneida
General Welfare Law from the Active Files List, and remove the Oneida General Welfare
law from the Active Files List; seconded by Marlon Skenandore. Motion carried
unanimously.
4. Oneida Life Insurance Plan Law Amendments
Motion by Kirby Metoxen to accept the memorandum entitled, One (1) Year Review of
the Oneida Life Insurance Plan Law; seconded by Marlon Skenandore. Motion carried
unanimously.
Motion by Marlon Skenandore to approve the draft of proposed amendments to the Oneida
Life Insurance Plan law and direct that a legislative analysis be developed; seconded by
Jonas Hill. Motion carried unanimously.
IV.
New Submissions
1. Workplace Violence Law Amendments
Motion by Jonas Hill to accept the request for amendments to the Workplace Violence law
as information, noting the Workplace Violence law is already on the Active Files List;
seconded by Marlon Skenandore. Motion carried unanimously.
2. Oneida General Welfare Law Amendments
Motion by Kirby Metoxen to deny the request to add the Oneida General Welfare law
amendments to the Active Files List; seconded by Marlon Skenandore. Motion carried
unanimously.
V.
Additions
VI.
Administrative Items
1. E-Poll Results: Approval of the Canceled July 17, 2024 LOC Meeting Materials
Motion by Kirby Metoxen to enter into the record the results of the July 17, 2024, e-poll
entitled, Approval of the Canceled July 17, 2024 LOC Meeting Materials; seconded by
Jonas Hill. Marlon Skenandore abstained. Motion carried.
2. E-Poll Results: Approval of the Vehicle Driver Certification and Fleet
Management Law Amendments Public Comment Review Memo, Draft, and
Fiscal Impact Statement Request
Motion by Jonas Hill to enter into the record the results of the July 29, 2024, e-poll
entitled, Approval of the Vehicle Driver Certification and Fleet Management Law
Amendments Public Comment Review Memo, Draft, and Fiscal Impact Statement
Request; seconded by Kirby Metoxen. Marlon Skenandore abstained. Motion carried.
Legislative Operating Committee Meeting Minutes of September 4, 2024
Page 2 of 3
4 of 56
3. E-Poll Results: Approval of the Investigative Leave Policy Amendments Public
Meeting Packet
Motion by Jonas Hill to enter into the record the results of the July 30, 2024, e-poll entitled,
Approval of the Investigative Leave Policy Amendments Public Meeting Packet; seconded
by Kirby Metoxen. Marlon Skenandore abstained. Motion carried.
4. E-Poll Results: Approval of the September 4, 2024 LOC Community Meeting
Motion by Kirby Metoxen enter into the record the results of the July 30, 2024, e-poll
entitled, Approval of the September 4, 2024 LOC Community Meeting; seconded by Jonas
Hill. Marlon Skenandore abstained. Motion carried.
5. E-Poll Results: Certification of the Landlord Tenant Law Rule No. 2 Amendments
Motion by Kirby Metoxen to enter into the record the results of the August 1, 2024, e-poll
entitled, Certification of the Landlord Tenant Law Rule No. 2 Amendments; seconded by
Jonas Hill. Marlon Skenandore abstained. Motion carried.
6. E-Poll Results: Statement of Effect for the Petition: L. Blackowl – New
Recreation/Community Center Build
Motion by Kirby Metoxen to enter into the record the results of the August 1, 2024, e-poll
entitled, Statement of Effect for the Petition: L. Blackowl – New Recreation/Community
Center Build; seconded by Jonas Hill. Marlon Skenandore abstained. Motion carried.
VII.
Executive Session
VIII. Adjourn
Motion by Jonas Hill to adjourn at 9:48 a.m.; seconded by Kirby Metoxen. Motion carried
unanimously.
Legislative Operating Committee Meeting Minutes of September 4, 2024
Page 3 of 3
5 of 56
Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
September 18, 2024
Vehicle Driver Certification and Fleet
Management Law Amendments
Submission Date: 5/15/24
LOC Sponsor: Jameson Wilson
Public Meeting: 7/15/24
Emergency Enacted: N/A
Summary: This item was added to the Active Files List on May 15, 2024, at the request of Ralinda
Ninham-Lamberies, the Chief Financial Officer. Amendments are being sought to remove the word
"purchase" and the responsibility from the Fleet Management Department. Finance has discovered that
adding the requirement for the Fleet Manager to be involved in the purchasing process has led to
unintended delays that can be avoided by reverting this responsibility back to the existing cap ex
purchasing process.
5/15/24 LOC: Motion by Marlon Skenandore to add the Vehicle Driver Certification and Fleet Management
law amendments to the Active Files List with Jonas Hill as the sponsor; seconded by Jonas
Hill. Motion carried unanimously.
5/30/24:
6/5/24 LOC:
Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Jennifer Webster,
Clorissa Leeman, Ralinda Ninham-Lamberies, Mark Powless, Wendy Alvarez, Shannon
Stone, Chris Danforth, Fawn Cottrell, Kristal Hill, Maureen Perkins, Peggy Van Gheem. The
purpose of this work meeting was to discuss the proposed amendment to section 210.6-1 of
the law to remove the responsibility of the Fleet Management Department to purchase fleet
vehicles in an effort to streamline the purchasing process, and to determine if any other
amendments are needed to the Vehicle Driver Certification and Fleet Management law.
Motion by Kirby Metoxen to approve the Vehicle Driver Certification and Fleet Management
law amendments draft, legislative analysis, and public meeting notice, and forward the
Vehicle Driver Certification and Fleet Management law amendments to a public meeting to
be held on July 15, 2024; seconded by Jonas Hill. Motion carried unanimously.
7/15/24:
Public Meeting Held. Present: Jameson Wilson, Clorissa Leeman, Carrie Lindsey, Michelle
Braaten, Grace Elliott, Rachel Fitzpatrick, Carol Stiff, Laura Laitinen-Warren, Michelle Madl,
Todd VandenHeuvel, Carolyn Salutz, Rodney Hill, Nic Reynolds. Zero (0) people provided
public comments during this public meeting.
7/22/24:
Public Comment Period Closed. Zero (0) people provided written comments during the public
comment period.
7/29/24:
E-Poll Conducted. This e-poll was titled, Approval of the Vehicle Driver Certification and
Fleet Management Law Amendments Public Comment Review Memo, Draft, and Fiscal
Impact Statement Request. The requested action of this e-poll was to: approve the public
comment review memorandum, draft, and legislative analysis for the proposed amendments
to the Vehicle Driver Certification and Fleet Management law; and approve the fiscal impact
statement request memorandum and forward to the Finance Department directing that a fiscal
Page 1 of 2
A good mind. A good heart. A strong fire.
6 of 56
impact statement be prepared and submitted to the LOC by August 28, 2024. This e-poll was
approved by Jennifer Webster, Jonas Hill, Kirby Metoxen. Wilson did not provide a response.
Marlon Skenandore is on a personal leave and therefore did not provide a response to the epoll.
9/4/24 LOC:
Motion by Jonas Hill to enter into the record the results of the July 29, 2024, e-poll entitled,
Approval of the Vehicle Driver Certification and Fleet Management Law Amendments Public
Comment Review Memo, Draft, and Fiscal Impact Statement Request; seconded by Kirby
Metoxen. Marlon Skenandore abstained. Motion carried.
9/5/24:
Fiscal Impact Statement Received. The fiscal impact statement was received from Finance.
Next Steps:
Approve the adoption packet for the proposed amendments to the Vehicle Driver Certification
and Fleet Management law and forward to the Oneida Business Committee for consideration.
A good mind. A good heart. A strong fire.
Page 2 of 2
~
ONEIDA
7 of 56
Oneida Nation
=DODDDD=
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
"'
Oneida Business Committee
Legislative Operating Committee
Oneida Business Committee
Jameson Wilson, LOC Chairperson
September 18, 2024
Adoption of Amendments to the Vehicle Driver Certification and Fleet
Management Law
Please find the following attached backup documentation for your consideration of the adoption
of amendments to the Vehicle Driver Certification and Fleet Management law:
1. Resolution: Amendments to the Vehicle Driver Certification and Fleet Management Law
2. Statement of Effect: Amendments to the Vehicle Driver Certification and Fleet
Management Law
3. Vehicle Driver Certification and Fleet Management Law Amendments Legislative
Analysis
4. Vehicle Driver Certification and Fleet Management Law Amendments Draft (Redline)
5. Vehicle Driver Certification and Fleet Management Law Amendments Draft (Clean)
6. Vehicle Driver Certification and Fleet Management Law Amendments Fiscal Impact
Statement
Overview
The purpose of the Vehicle Driver Certification and Fleet Management law is to establish
standards that certify employees, elected and appointed officials, and volunteers to drive a fleet
vehicle or personal vehicle on official business and regulate the use of all vehicles owned and
leased by the Nation. [2 O.C. 210.1-1]. Amendments to the Vehicle Driver Certification and Fleet
Management law are being sought to remove the responsibility of the Fleet Management
Department to purchase fleet vehicles. [2 O.C. 210.6-1].
The Legislative Operating Committee developed the proposed amendments to the Vehicle Driver
Certification and Fleet Management law through collaboration with representatives from the
Oneida Law Office, Human Resources Department, General Manager, Finance Administration,
Public Works Division, and Automotive Department. The Legislative Operating Committee held
one (1) work meeting on the development of the amendments to the Vehicle Driver Certification
and Fleet Management law.
The development of the amendments to the Vehicle Driver Certification and Fleet Management
law complies with all processes and procedures required by the Legislative Procedures Act,
including the development of a legislative analysis, a fiscal analysis, and the opportunity for public
review during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8].
The Legislative Operating Committee held a public meeting on the proposed amendments to the
Vehicle Driver Certification and Fleet Management law on July 15, 2024. No individuals provided
Page 1 of 2
A good mind. A good heart. A strong fire.
8 of 56
public comments during this public meeting. The public comment period was then held open until
July 22, 2024. No written comments were received during this public comment period.
The amendments to the Vehicle Driver Certification and Fleet Management law will become
effective on October 9, 2024.
Requested Action
Adopt the Resolution: Amendments to the Vehicle Driver Certification and Fleet Management
Law
Page 2 of 2
A good mind. A good heart. A strong fire.
~
ONEIDA
Oneida Nation
9 of 56
Post Office Box 365
Phone: (920)869-2214
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Oneida, WI 54155
BC Resolution #
Amendments to the Vehicle Driver Certification and Fleet Management Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Vehicle Driver Certification and Fleet Management law (“the Law”) was adopted by the
Oneida Business Committee through resolution BC-06-28-17-C and then amended
through resolution BC-04-08-20-H; and
WHEREAS,
the purpose of this Law is to establish standards that certify employees, elected and
appointed officials, and volunteers to drive a fleet vehicle or personal vehicle on official
business and regulate the use of all vehicles owned and leased by the Nation; and
WHEREAS,
the amendments to the Law remove the responsibility of the Fleet Management
Department to purchase fleet vehicles; and
WHEREAS,
the Legislative Operating Committee developed the proposed amendments to the Law
through collaboration with representatives from the Oneida Law Office, Human Resources
Department, General Manager, Finance Administration, Public Works Division, and
Automotive Department; and
WHEREAS,
in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact
statement were completed for the proposed amendments to the Law; and
WHEREAS,
the Legislative Operating Committee held a public meeting on the proposed amendments
to the Law on July 15, 2024,with no individuals providing oral comments, and the public
comment period for the amendments to this Law was held open until July 22, 2024, with
no submission of written comments received; and
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments
to the Vehicle Driver Certification and Fleet Management law which shall become effective on October 9,
2024.
10 of 56
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
Statement of Effect
Amendments to the Vehicle Driver Certification and Fleet Management Law
Summary
This resolution adopts amendments to the Vehicle Driver Certification and Fleet Management law
to remove the responsibility of the Fleet Management Department to purchase fleet vehicles.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: September 12, 2024
Analysis by the Legislative Reference Office
This resolution adopts amendments to the Vehicle Driver Certification and Fleet Management law.
The purpose of the Vehicle Driver Certification and Fleet Management law is to establish
standards that certify employees, elected and appointed officials, and volunteers to drive a fleet
vehicle or personal vehicle on official business and regulate the use of all vehicles owned and
leased by the Nation. [2 O.C. 210.1-1]. Amendments to the Vehicle Driver Certification and Fleet
Management law are being sought to remove the responsibility of the Fleet Management
Department to purchase fleet vehicles. [2 O.C. 210.6-1].
Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),
which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the
purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Vehicle Driver Certification and Fleet Management law amendments complied with all
processes and procedures required by the LPA, including the development of a legislative analysis,
a fiscal analysis, and the opportunity for public review during a public meeting and public
comment period. [1 O.C. 109.6, 109.7, 109.8].
The Legislative Operating Committee held a public meeting on the proposed amendments to the
Vehicle Driver Certification and Fleet Management law on July 15, 2024. No individuals provided
public comments during this public meeting. The public comment period was then held open until
July 22, 2024. No written comments were received during this public comment period.
The amendments to the Vehicle Driver Certification and Fleet Management law will become
effective on October 9, 2024.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
Page 1 of 1
A good mind. A good heart. A strong fire.
11 of 56
Analysis to Draft 1
2024 09 18
VEHICLE DRIVER CERTIFICATION AND FLEET
MANAGEMENT LAW AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Analysis by the Legislative Reference Office
Remove the responsibility of the Fleet Management Department to purchase
fleet vehicles. [2 O.C. 210.6-1].
The purpose of this law is to establish standards that certify employees,
elected and appointed officials, and volunteers to drive a fleet vehicle or
personal vehicle on official business and regulate the use of all vehicles
owned and leased by the Nation. [2 O.C. 210.1-1].
Fleet Management Department, Finance
A public meeting was held on July 15, 2024. The public comment period was
held open until July 22, 2024. No public comments were received.
A fiscal impact statement was provided by Finance on September 5, 2024.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Vehicle Driver Certification and Fleet Management law was originally adopted by
the Oneida Business Committee in 2017 through resolution BC-06-28-17-C, and then amended through
resolution BC-04-08-20-H. The purpose of the Vehicle Driver Certification and Fleet Management law
is to establish standards that certify employees, elected and appointed officials, and volunteers to drive
a fleet vehicle or personal vehicle on official business and regulate the use of all vehicles owned and
leased by the Nation. [2 O.C. 210.1-1]. It is the policy of the Nation to ensure the safety of the
community and employees of the Nation; minimize the Nation’s liability when physical damage to
vehicles and/or property damage occurs as a result of a motor vehicle crash; and improve the efficiency
and effectiveness of the use of vehicles owned by the Nation. [2 O.C. 210.1-2].
B. Request for Amendments. On the April 29, 2024, the Legislative Operating Committee received a
request from Ralinda Ninham-Lamberies, the Chief Financial Officer, to consider an amendment to
this law to remove the word "purchase" and the responsibility to purchase from the Fleet Management
Department as currently provided for in section 210.6-1 of the Vehicle Driver Certification and Fleet
Management law. Finance provided that the requirement for the Fleet Manager to be involved in the
purchasing process has led to unintended delays that can be avoided by reverting this responsibility
back to the existing cap ex purchasing process. The Legislative Operating Committee added the Vehicle
Driver Certification and Fleet Management law amendments to its Active Files List on May 15, 2024.
19
20
21
22
23
24
SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
amendments to the Vehicle Driver Certification and Fleet Management law and this legislative analysis:
Oneida Law Office;
Human Resources Department;
Page 1 of 4
12 of 56
Analysis to Draft 1
2024 09 18
25
26
27
28
29
30
31
32
33
34
35
General Manager;
Finance Administration;
Public Works Division; and
Automotive Department.
B. The following laws were reviewed in the drafting of this analysis:
Vehicle Driver Certification and Fleet Management law;
Oneida Personnel Policies and Procedures;
Oneida Travel and Expense Policy;
Clean Air law; and
Drug and Alcohol Free Workplace law.
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
SECTION 4. PROCESS
A. The development of the proposed amendments to the Vehicle Driver Certification and Fleet
Management law complies with the process set forth in the Legislative Procedures Act (LPA).
On May 15, 2024, the Legislative Operating Committee added the Vehicle Driver Certification
and Fleet Management law amendments to the Active Files List with Jonas Hill as the sponsor.
On June 5, 2024, the Legislative Operating Committee approved the Vehicle Driver
Certification and Fleet Management law amendments draft, legislative analysis, and public
meeting notice, and forwarded the Vehicle Driver Certification and Fleet Management law
amendments to a public meeting to be held on July 15, 2024.
On July 15, 2024, the public meeting was held for the proposed amendments to the Vehicle
Driver Certification and Fleet Management law. No one provided public comments during the
public meeting.
On July 22, 2024, the public comment period closed. No one provided public comments during
the public comment period.
On July 29, 2024, the Legislative Operating Committee conducted an e-poll entitled, Approval
of the Vehicle Driver Certification and Fleet Management Law Amendments Public Comment
Review Memo, Draft, and Fiscal Impact Statement Request. The requested action of this e-poll
was to: approve the public comment review memorandum, draft, and legislative analysis for
the proposed amendments to the Vehicle Driver Certification and Fleet Management law; and
approve the fiscal impact statement request memorandum and forward to the Finance
Department directing that a fiscal impact statement be prepared and submitted to the LOC by
August 28, 2024. This e-poll was approved by Jennifer Webster, Jonas Hill, Kirby Metoxen.
Wilson did not provide a response. Marlon Skenandore is on a personal leave and therefore did
not provide a response to the e-poll.
On September 4, 2024, the Legislative Operating Committee entered into the record the results
of the July 29, 2024, e-poll entitled, Approval of the Vehicle Driver Certification and Fleet
Management Law Amendments Public Comment Review Memo, Draft, and Fiscal Impact
Statement Request.
On September 5, 2024, the Finance Administration provided the Legislative Operating
Committee the fiscal impact statement for the proposed amendments to the Vehicle Driver
Certification and Fleet Management law.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this Law:
Page 2 of 4
13 of 56
Analysis to Draft 1
2024 09 18
69
70
71
May 30, 2024: LOC work session with the Oneida Law Office, Human Resources Department,
General Manager, Finance Administration. Public Works Division, and Automotive Department.
72
73
74
75
76
77
78
79
80
81
SECTION 5. CONTENTS OF THE LEGISLATION
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
SECTION 6. EXISTING LEGISLATION
Removal of the Fleet Management Department’s Responsibility to Purchase. Currently, the
Nation’s Fleet Management Department is delegated the authority and responsibility to purchase,
manage, and monitor the use of the Nation’s fleet vehicles. [2 O.C. 210.6-1]. The proposed
amendment to the Law would remove the word “purchase” from section 210.6-1 of the Law thus
eliminating the responsibility of the Fleet Management Department to purchase all fleet vehicles.
Effect. The inclusion of the responsibility of the Fleet Management Department to purchase all
vehicles for the Nation has led to unintended delays that can be avoided by reverting this
responsibility back to the existing cap expenditure purchasing process.
A. References to the Other Laws of the Nation. The following laws of the Nation are referenced in the
Vehicle Driver Certification and Fleet Management law.
Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and
Procedures is to provide for the Nation’s employee related policies and procedures including
recruitment, selection, compensation and benefits, employee relations, safety and health, program
and enterprise rules and regulations, and record keeping.
The Vehicle Driver Certification and Fleet Management law provides that “In addition to
the suspension of driver certification, a supervisor may take disciplinary action against an
individual in accordance with the Nation’s laws and policies governing employment if an
employee…” [2 O.C. 210.8-7].
Any disciplinary action against an employee for a violation of the Vehicle Driver
Certification and Fleet Management is required to be conducted in accordance with the
Oneida Personnel Policies and Procedures.
Oneida Travel and Expense Policy. The Oneida Travel and Expense Policy establishes policies
governing the reimbursement of travel and expenses incurred during the conduct of company
business. [2 O.C. 219.1-1].
The Vehicle Driver Certification and Fleet Management law provides that “A vehicle shall
be rented in accordance with the Nation’s laws and policies governing travel. Every vehicle
rented shall include the purchase of the maximum collision damage waiver offered by the
rental company.” [2 O.C 210.6-9(a)].
The Oneida Travel and Expense Policy states that “insurance on all car rentals is covered
by the Oneida Tribe’s insurance policy.” [2 O.C 219.8-3].
Section 219.8-3 of the Oneida Travel and Expense Policy does not reflect current practice.
The Travel and Expense Policy conflicts with the current Vehicle Driver Certification and
Fleet Management law which requires the purchase of maximum collision damage waiver
from the rental company, as this is more cost effective for the Nation.
Recommendation: The LOC and LRO should note the discrepancy in the Travel and
Expense Policy and identify that section of the Travel and Expense Policy as an area for
future amendments.
Page 3 of 4
14 of 56
Analysis to Draft 1
2024 09 18
112
113
114
115
116
117
118
119
120
121
122
123
B. Other Laws that Reference the Vehicle Driver Certification and Fleet Management Law. The
following laws of the Nation reference the Vehicle Driver Certification and Fleet Management law.
The proposed amendment to the Law does not conflict with any of the referenced laws.
Drug and Alcohol Free Workplace Law. The Drug and Alcohol Free Workplace law applies to all
applicants for employment, whether external or internal, and all employees during working hours,
when on-call, and when operating a vehicle owned by the Nation or a vehicle rented by the Nation.
[2 O.C. 202.4-1]. An employee is prohibited from the use of prohibited drugs and alcohol during
working hours, when on-call, and when operating a vehicle owned by the Nation or a vehicle rented
by the Nation. [2 O.C. 202.4-2].
Clean Air Law. The Clean Air law provides that no person may smoke in any vehicle owned or
operated by the Nation.” [4 O.C. 411.4-1(c)].
124
SECTION 7. OTHER CONSIDERATIONS
125
A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
126
legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC127
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
128
Act,” provides further clarification on who the Legislative Operating Committee may direct complete
129
a fiscal impact statement at various stages of the legislative process, as well as timeframes for
130
completing the fiscal impact statement.
131
Conclusion. The Legislative Operating Committee received a fiscal impact statement be completed
132
from the Finance Administration on September 5, 2024.
133
Page 4 of 4
15 of 56
Draft 1 (Redline to Current) for OBC Consideration
2024 09 18
Title 2. Employment - Chapter 210
Lot$=sles Kayanl^sla Khale> Nya>teka>sl#htake
Lonatl$hute> Kayanl^sla
they’re driving law
and a variety of vehicles the responsibility is attached to them
VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT
210.1. Purpose and Policy
210.2. Adoption, Amendment, Repeal
210.3. Definitions
210.4. Driver Certification
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
210.5. Responsibilities of a Certified Driver
210.6. Fleet Vehicles
210.7. Motor Vehicle Crashes or Damage to Vehicles
210.8. Suspension of Driver Certification and Other Enforcement
210.1. Purpose and Policy
210.1-1. Purpose. The purpose of this law is to establish standards that certify employees, elected
and appointed officials, and volunteers to drive a fleet vehicle or personal vehicle on official
business and regulate the use of all vehicles owned and leased by the Nation.
210.1-2. Policy. It is the policy of the Nation to ensure the safety of the community and employees
of the Nation; minimize the Nation’s liability when physical damage to vehicles and/or property
damage occurs as a result of a motor vehicle crash; and improve the efficiency and effectiveness
of the use of vehicles owned by the Nation.
210.2. Adoption, Amendment, Repeal
210.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-28-17-C,
and amended by resolutionresolutions BC-04-08-20-H. and BC-__-__-__-__.
210.2-2. This law may be amended or repealed by the Oneida Business Committee and/or Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
210.2-3. 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.
210.2-4. 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.
210.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
210.3. Definitions
210.3-1. 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) “Area manager” means an employee’s supervisor’s supervisor; or, an individual
designated to be the area manager by a General Manager position.
(b) “Business day” means Monday through Friday, from 8:00 a.m. to 4:30 p.m.; excluding
the Nation’s holidays.
(c) “Employee” means an individual employed by the Nation, but does not include elected
or appointed officials, or employees of a chartered corporation of the Nation.
(d) “Entity” means a department, enterprise, program, board, committee or commission of
the Nation.
(e) “Employee Assistance Program” means a professional counseling program staffed by
clinical social workers licensed by the State of Wisconsin which offers services to the
Nation’s employees and family members.
(f) “Fleet vehicle” means a vehicle owned or leased by the Nation.
(g) “Moving violation” means any violation of motor vehicle or traffic law that is
committed by the driver of a vehicle while the vehicle is moving. A moving violation does
2 O.C. 210 – Page 1
16 of 56
Draft 1 (Redline to Current) for OBC Consideration
2024 09 18
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
not include parking violations, equipment violations, or paperwork violations relating to
insurance, registration or inspection.
(h) “Nation” means the Oneida Nation.
(i) “Prohibited drug” means marijuana, cocaine, opiates, amphetamines, phencyclidine
(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substances
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 when used in an unauthorized or unlawful manner.
(j) “Supervisor” means the direct supervisor of an employee. For volunteers, elected or
appointed officials, or employees without a direct supervisor, it means the Human
Resources Department or any party who has been designated by the Human Resources
Department as responsible for performing a supervisor’s responsibilities under this law.
(k) “Weapon” means a firearm, knife, electric weapon, club, or any other object intended
to cause harm to oneself or others.
210.4. Driver Certification
210.4-1. An individual shall obtain driver certification from the Human Resources Department
before operating a fleet vehicle or personal vehicle on official business.
210.4-2. Qualifications for Certification. In order to receive driver certification a person shall:
(a) Be eighteen (18) years of age or older;
(b) Hold a valid Wisconsin driver’s license;
(1) A person who holds a valid driver’s license from a state other than Wisconsin
shall have thirty (30) days after his or her first day of employment or service to
obtain a Wisconsin driver’s license.
(c) Have a driving record that does not reflect any of the following conditions:
(1) Three (3) or more moving violations and/or at-fault motor vehicle crashes in
the past two (2) years; and/or
(2) An operating while intoxicated (OWI), driving under the influence (DUI), or
prohibited alcohol concentration (PAC) citation within the last twelve (12) months.
(d) Complete all driver training requirements imposed by the Nation or any federal or state
agency regulations;
(e) Satisfy any other requirements specific to the job description and/or vehicle that may
be used by or assigned to the person; and
(f) Maintain one (1) of the following minimum insurance requirements for a personal
vehicle if the individual may use his or her personal vehicle to conduct official business:
(1) the individual’s insurance covers:
(A) one hundred thousand dollars ($100,000) per person;
(B) three hundred thousand dollars ($300,000) per motor vehicle crash for
bodily injury; and
(C) twenty-five thousand dollars ($25,000) property damage; or
(2) the individual’s insurance covers two hundred and fifty thousand dollars
($250,000) combined single limit.
210.4-3. The Nation’s Human Resources Department shall be responsible for determining whether
an individual meets all the qualifications before approving or denying a driver certification.
(a) An individual shall provide his or her appropriate license, training certification, and
insurance information to the Human Resources Department.
(b) The Human Resources Department shall have the authority to check the driving record
of an individual at any time.
2 O.C. 210 – Page 2
17 of 56
Draft 1 (Redline to Current) for OBC Consideration
2024 09 18
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
(c) The Human Resources Department shall maintain a current list of all certified drivers
and provide the list to Fleet Management, Risk Management, and Central Accounting on a
regular basis.
210.4-4. A supervisor shall ensure that an individual has received his or her driver certification
from the Human Resources Department before allowing the individual to drive a fleet vehicle or a
personal vehicle on official business.
210.4-5. Exemption. An individual whose duties with respect to the implementation of a contract,
agreement, or compact of the Nation include driving may be subject to compliance with a motor
vehicle operation policy as provided in the contract, agreement, or compact of the Nation when
this law is less stringent than the said motor vehicle operation policy.
210.5. Responsibilities of a Certified Driver
210.5-1. General Responsibilities. While operating a fleet vehicle or a personal vehicle on official
business, an individual shall:
(a) Abide by all traffic laws;
(b) Wear a seat belt and require any passengers to wear a seat belt at all times;
(c) Not drive while under the influence of prohibited drugs and/or alcohol;
(d) Not drive if impaired by a medical or physical condition or other factor that affects a
driver’s motor skills, reaction time, or concentration;
(e) Not carry a weapon, whether in the open or concealed;
(1) Exemption. An individual who is carrying a weapon in the course of performing
his or her official duties, or is participating in cultural activities or ceremonies is
exempt from this requirement.
(f) Not transport prohibited drugs and/or alcohol;
(1) Exemption. An employee of the Nation who is transporting prohibited drugs
and/or alcohol in the course of performing his or her job duties is exempt from this
requirement.
(g) Not deliver goods or services for personal gain, or operate private pools where the
riders pay the driver; and
(h) Not use electronic devices in an unlawful manner.
210.5-2. Training Responsibilities. An individual with driver certification shall complete the
driver safety training provided and monitored by the Human Resources Department every three
(3) years.
(a) Exemption. An individual who is required to maintain compliance with any specialized
driver safety training requirements imposed by state or federal regulatory agencies shall be
exempt from the requirement to complete the driver safety training provided by the Human
Resources Department.
210.5-3. Fleet Vehicle Responsibilities. When operating a fleet vehicle, an individual shall:
(a) Complete a vehicle mileage log;
(b) Not transport unauthorized passengers;
(c) Notify the Fleet Management Department immediately of any problems with a fleet
vehicle that may be a safety or mechanical hazard, or of any incidents that result in the
inability of a fleet vehicle to complete a trip;
(d) Be personally responsible for all traffic citation costs, parking ticket costs, or any
similar expense related to vehicle use;
(e) Use Oneida Retail locations for fueling fleet vehicles, unless the fleet vehicle needs
fuel before it can be taken to an Oneida Retail location;
(f) Not smoke or use electronic smoking devices or permit others to smoke or use
electronic smoking devices in the fleet vehicle; and
2 O.C. 210 – Page 3
18 of 56
Draft 1 (Redline to Current) for OBC Consideration
2024 09 18
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
(g) Ensure the interior of the vehicle is kept in good condition, clean, and free of debris.
210.5-4. Personal Vehicle Responsibilities. When operating a personal vehicle on official
business, an individual shall:
(a) Obtain permission from his or her supervisor to operate a personal vehicle on official
business; and
(b) Submit all required documents for mileage reimbursement, if seeking reimbursement
for miles driven while conducting official business, within thirty (30) days of driving the
miles or by the end of the current fiscal year, whichever is sooner.
(1) Not seeking mileage reimbursement does not exempt an individual from the
provisions of this law.
210.5-5. Notification Requirements. An individual shall notify his or her supervisor if he or she:
(a) Has his or her driver’s license suspended or revoked by the State, or has his or her
driver’s license become invalid for any other reason;
(b) Meets any of the conditions for disciplinary action as provided in section 210.8-7;
and/or
(c) Has any impairment by a medical or physical condition or other factor that affects his
or her motor skills, reaction time, or concentration.
210.6. Fleet Vehicles
210.6-1. Fleet Management Department. The Nation’s Fleet Management Department shall
purchase, manage, and monitor the use of the Nation’s fleet vehicles. The Fleet Management
Department’s responsibilities shall include, but are not limited to:
(a) Maintain a list of all fleet vehicles that are available for use, including vehicles
permanently assigned to specific entities of the Nation;
(b) Remove unsafe vehicles from the fleet;
(c) Obtain estimates of and schedule fleet vehicle repairs when necessary;
(d) Install or remove equipment on fleet vehicles;
(e) Ensure the Nation’s logo is on all fleet vehicles; and
(f) Ensure that all fleet vehicles are equipped with a mileage log and an auto incident kit
which contains forms and instructions for reporting any incident.
210.6-2. Automotive Department. The Automotive Department shall service and maintain fleet
vehicles according to factory recommendations, or the maintenance schedule established by the
Automotive Department, whichever is stricter. Any vehicle deemed unsafe by the Automotive
Department shall be reported to the Fleet Management Department.
210.6-3. Risk Management Department. The Risk Management Department shall be responsible
for securing and maintaining insurance coverage for all fleet vehicles. Additional responsibilities
of the Risk Management Department shall include, but is not limited to:
(a) Providing auto insurance identification cards in every fleet vehicle;
(b) Processing all submitted vehicle claims and related information; and
(c) Submitting claims to the insurance company.
210.6-4. Use of a Fleet Vehicle. A fleet vehicle may be permanently assigned to an entity for use
or requested for use on a temporary basis. A fleet vehicle shall be used for conducting official
business of the Nation. When used for travel purposes, a fleet vehicle may also be used for
incidental purposes such as travel to and from lodging and/or meal sites.
(a) Prohibited Use of a Fleet Vehicles. A fleet vehicle shall not be used for any of the
following purposes:
(1) Personal use for non-business purposes;
(2) Towing cargo for personal reasons;
(3) Hauling loads that could structurally damage the vehicle; and/or
2 O.C. 210 – Page 4
19 of 56
Draft 1 (Redline to Current) for OBC Consideration
2024 09 18
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
(4) Jump starting vehicles, other than fleet vehicles.
210.6-5. Permanently Assigned Fleet Vehicles. The Fleet Management Department may
permanently assign a fleet vehicle to an entity if the entity meets the minimum mileage criteria as
established by the Fleet Management Department.
(a) Exception to Minimum Mileage Criteria. The Fleet Management Department may
grant an entity an exception to the minimum mileage criteria.
(b) An entity who is permanently assigned a fleet vehicle shall regularly schedule
maintenance work and safety checks with the Automotive Department.
(c) An entity that is permanently assigned a fleet vehicle is responsible for ensuring that
any individual who drives the vehicle has his or her driver certification.
210.6-6. Temporary Use of a Fleet Vehicle. An individual in an entity that is not permanently
assigned a fleet vehicle may request to use a fleet vehicle for the purpose of conducting official
business by submitting a request to the Fleet Management Department.
(a) Requests for the use of a fleet vehicle shall be made at least one (1) week in advance,
unless urgent circumstances arise.
(b) Before determining whether a fleet vehicle is available, or approving the use of a fleet
vehicle, the Fleet Management Department shall confirm that:
(1) The individual requesting the fleet vehicle has his or her driver certification;
(2) The individual has authorization to use the fleet vehicle from his or her
supervisor, if an employee, or by the individual’s entity, if the individual is an
elected or appointed official of the Nation or volunteer; and
(3) Any passengers are authorized to travel in a fleet vehicle.
(c) The Fleet Management Department may combine vehicle use for travel to the same
destination.
(d) The Fleet Management Department may cancel reservations that are not fulfilled in a
timely manner.
210.6-7. Authorized Passengers. In addition to the employees, elected or appointed officials, or
volunteers who are authorized to use a fleet vehicle, the following individuals shall be authorized
to be a passenger in a fleet vehicle:
(a) Individuals being transported as part of a program or service of the Nation;
(b) Individuals being transported during the normal and ordinary course of representing
and/or conducting business on behalf of the Nation; and/or
(c) Any other individual who is authorized to be a passenger by the supervisor of the
employee, elected or appointed official, or volunteer.
210.6-8. Modifications to Fleet Vehicles. Modifications to fleet vehicles for personal reasons are
not permitted. Modifications to fleet vehicles for operating purposes may be allowed only with the
approval of the Fleet Management Department.
(a) Radar detection devices shall not be installed or used in fleet vehicles.
210.6-9. Rental Vehicles. An individual shall have his or her driver certification before using a
rental vehicle to conduct official business. An individual shall operate the rental vehicle with the
same responsibilities and restrictions as a fleet vehicle.
(a) A vehicle shall be rented in accordance with the Nation’s laws and policies governing
travel. Every vehicle rented shall include the purchase of the maximum collision damage
waiver offered by the rental company.
210.7. Motor Vehicle Crashes or Damage to Vehicles
210.7-1. In the event of a motor vehicle crash or damage involving the fleet vehicle or personal
vehicle driven on official business, an individual shall be subject to the following reporting
requirements; provided that, if an individual sustains injuries that make it impossible to meet the
2 O.C. 210 – Page 5
20 of 56
Draft 1 (Redline to Current) for OBC Consideration
2024 09 18
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
reporting deadlines identified herein; the driver shall instead make the required reports as soon as
he or she is able to do so:
(a) immediately report the crash or damage to local law enforcement if it results in any of
the following:
(1) death of a person;
(2) an injury to the driver or another person that requires medical attention;
(3) damage to property that does not belong to the driver or the Nation; or
(4) a vehicle being disabled and/or needing to be towed.
(b) immediately report the motor vehicle crash or damage to his or her supervisor; and
(c) provide the Fleet Management Department and Risk Management Department with a
completed auto incident report by the end of the next business day immediately following
the motor vehicle crash or damage.
210.7-2. Internal Review. The Fleet Management Department and Risk Management Department
shall coordinate and conduct an internal review of the auto incident report for a motor vehicle crash
and/or damage to a vehicle.
(a) Fleet Management and Risk Management may recommend whether an individual
should be subject to disciplinary action and/or a driver safety training requirement based
on the motor vehicle crash or incident resulting in damage to a vehicle.
(b) The internal review shall be completed as soon as possible after a motor vehicle crash
has been reported.
(c) Following an internal review, Fleet Management and Risk Management shall issue a
report. Copies of the report shall be:
(1) provided to the driver, the driver’s supervisor, and the driver’s area manager;
and
(2) provided to the Human Resources Department if the Fleet Management
Department and Risk Management Department recommend disciplinary action.
210.8. Suspension of Driver Certification and Other Enforcement
210.8-1. Suspension of driver certification is the suspension of an individual’s ability to drive a
fleet vehicle or personal vehicle on official business and is not a leave from work. Suspension of
driver certification is non-appealable.
210.8-2. Qualifications for Suspension. A supervisor shall suspend an individual’s driver
certification if the individual’s driver’s license is suspended or revoked by the State or becomes
invalid for any other reason.
(a) A supervisor may refer drivers to the Employee Assistance Program in accordance
with applicable laws and policies of the Nation.
210.8-3. Length of Suspension. The individual’s driver certification shall be suspended until a
time in which the individual has obtained a valid driver’s license and meets the qualifications for
reinstatement of driver certification.
210.8-4. Notification of Suspension. The supervisor shall notify the Human Resources
Department in writing if he or she suspends the driver certification of an individual and shall
provide the basis for the suspension. Once notified of a suspension of driver certification the
Human Resources Department shall remove the individual from the list of current certified drivers.
210.8-5. Reasonable Accommodations to Suspension. If the suspension of an individual’s driver
certification affects the individual’s ability to perform his or her job duties, a supervisor may take
one of the following actions:
(a) Reassign the individual to a position which does not require driving;
(b) Provide non-driving accommodation within the position;
(c) Remove the driving requirement from the job description;
2 O.C. 210 – Page 6
21 of 56
Draft 1 (Redline to Current) for OBC Consideration
2024 09 18
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
(d) Place the individual on unpaid leave until the individual obtains his or her driver
certification; or
(e) Terminate the individual because a valid driver’s license is an essential requirement of
the position.
210.8-6. Reinstatement of Driver Certification. An individual may have his or her driver
certification reinstated upon a review by the Human Resources Department that the individual
again meets all the qualifications for driver certification provided for in section 210.4-2.
210.8-7. Other Enforcement Actions. A supervisor may take disciplinary action against an
individual in accordance with the Nation’s laws and policies governing employment if the
individual is an employee, or in accordance with the laws and policies of the Nation governing
sanctions and penalties if the individual is an elected or appointed official of the Nation, for any
of the following actions:
(a) Failing to comply with any provision of this law;
(b) Failing to complete any applicable driver training requirements;
(c) Driving a fleet vehicle without being certified under the provisions of this law;
(d) Admitting to, or being determined to be, partially or entirely at fault in a motor vehicle
crash involving vehicle damage, property damage, or personal injury; and
(e) Not maintaining the minimum insurance requirements for a personal vehicle.
210.8-8. Additional Driver Safety Training. A supervisor may require that an individual complete
an additional applicable driver safety training, at his or her own expense, if the individual:
(a) is involved in an at-fault motor vehicle crash or damage involving the fleet vehicle or
personal vehicle driven on official business;
(b) receives a moving violation while driving a fleet vehicle or personal vehicle driven on
official business; and
(c) has his or her driver’s license suspended or revoked by the State or becomes invalid
for any other reason.
End.
Adopted – BC-06-28-17-C.
Amended – BC-04-08-20-H.
Amended – BC-__-__-__-__.
2 O.C. 210 – Page 7
22 of 56
Draft 1 for OBC Consideration
2024 09 18
Title 2. Employment - Chapter 210
Lot$=sles Kayanl^sla Khale> Nya>teka>sl#htake
Lonatl$hute> Kayanl^sla
they’re driving law
and a variety of vehicles the responsibility is attached to them
VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT
210.1. Purpose and Policy
210.2. Adoption, Amendment, Repeal
210.3. Definitions
210.4. Driver Certification
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
210.5. Responsibilities of a Certified Driver
210.6. Fleet Vehicles
210.7. Motor Vehicle Crashes or Damage to Vehicles
210.8. Suspension of Driver Certification and Other Enforcement
210.1. Purpose and Policy
210.1-1. Purpose. The purpose of this law is to establish standards that certify employees, elected
and appointed officials, and volunteers to drive a fleet vehicle or personal vehicle on official
business and regulate the use of all vehicles owned and leased by the Nation.
210.1-2. Policy. It is the policy of the Nation to ensure the safety of the community and employees
of the Nation; minimize the Nation’s liability when physical damage to vehicles and/or property
damage occurs as a result of a motor vehicle crash; and improve the efficiency and effectiveness
of the use of vehicles owned by the Nation.
210.2. Adoption, Amendment, Repeal
210.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-28-17-C,
and amended by resolutions BC-04-08-20-H and BC-__-__-__-__.
210.2-2. This law may be amended or repealed by the Oneida Business Committee and/or Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
210.2-3. 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.
210.2-4. 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.
210.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
210.3. Definitions
210.3-1. 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) “Area manager” means an employee’s supervisor’s supervisor; or, an individual
designated to be the area manager by a General Manager position.
(b) “Business day” means Monday through Friday, from 8:00 a.m. to 4:30 p.m.; excluding
the Nation’s holidays.
(c) “Employee” means an individual employed by the Nation, but does not include elected
or appointed officials, or employees of a chartered corporation of the Nation.
(d) “Entity” means a department, enterprise, program, board, committee or commission of
the Nation.
(e) “Employee Assistance Program” means a professional counseling program staffed by
clinical social workers licensed by the State of Wisconsin which offers services to the
Nation’s employees and family members.
(f) “Fleet vehicle” means a vehicle owned or leased by the Nation.
(g) “Moving violation” means any violation of motor vehicle or traffic law that is
committed by the driver of a vehicle while the vehicle is moving. A moving violation does
2 O.C. 210 – Page 1
23 of 56
Draft 1 for OBC Consideration
2024 09 18
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
not include parking violations, equipment violations, or paperwork violations relating to
insurance, registration or inspection.
(h) “Nation” means the Oneida Nation.
(i) “Prohibited drug” means marijuana, cocaine, opiates, amphetamines, phencyclidine
(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substances
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 when used in an unauthorized or unlawful manner.
(j) “Supervisor” means the direct supervisor of an employee. For volunteers, elected or
appointed officials, or employees without a direct supervisor, it means the Human
Resources Department or any party who has been designated by the Human Resources
Department as responsible for performing a supervisor’s responsibilities under this law.
(k) “Weapon” means a firearm, knife, electric weapon, club, or any other object intended
to cause harm to oneself or others.
210.4. Driver Certification
210.4-1. An individual shall obtain driver certification from the Human Resources Department
before operating a fleet vehicle or personal vehicle on official business.
210.4-2. Qualifications for Certification. In order to receive driver certification a person shall:
(a) Be eighteen (18) years of age or older;
(b) Hold a valid Wisconsin driver’s license;
(1) A person who holds a valid driver’s license from a state other than Wisconsin
shall have thirty (30) days after his or her first day of employment or service to
obtain a Wisconsin driver’s license.
(c) Have a driving record that does not reflect any of the following conditions:
(1) Three (3) or more moving violations and/or at-fault motor vehicle crashes in
the past two (2) years; and/or
(2) An operating while intoxicated (OWI), driving under the influence (DUI), or
prohibited alcohol concentration (PAC) citation within the last twelve (12) months.
(d) Complete all driver training requirements imposed by the Nation or any federal or state
agency regulations;
(e) Satisfy any other requirements specific to the job description and/or vehicle that may
be used by or assigned to the person; and
(f) Maintain one (1) of the following minimum insurance requirements for a personal
vehicle if the individual may use his or her personal vehicle to conduct official business:
(1) the individual’s insurance covers:
(A) one hundred thousand dollars ($100,000) per person;
(B) three hundred thousand dollars ($300,000) per motor vehicle crash for
bodily injury; and
(C) twenty-five thousand dollars ($25,000) property damage; or
(2) the individual’s insurance covers two hundred and fifty thousand dollars
($250,000) combined single limit.
210.4-3. The Nation’s Human Resources Department shall be responsible for determining whether
an individual meets all the qualifications before approving or denying a driver certification.
(a) An individual shall provide his or her appropriate license, training certification, and
insurance information to the Human Resources Department.
(b) The Human Resources Department shall have the authority to check the driving record
of an individual at any time.
2 O.C. 210 – Page 2
24 of 56
Draft 1 for OBC Consideration
2024 09 18
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
(c) The Human Resources Department shall maintain a current list of all certified drivers
and provide the list to Fleet Management, Risk Management, and Central Accounting on a
regular basis.
210.4-4. A supervisor shall ensure that an individual has received his or her driver certification
from the Human Resources Department before allowing the individual to drive a fleet vehicle or a
personal vehicle on official business.
210.4-5. Exemption. An individual whose duties with respect to the implementation of a contract,
agreement, or compact of the Nation include driving may be subject to compliance with a motor
vehicle operation policy as provided in the contract, agreement, or compact of the Nation when
this law is less stringent than the said motor vehicle operation policy.
210.5. Responsibilities of a Certified Driver
210.5-1. General Responsibilities. While operating a fleet vehicle or a personal vehicle on official
business, an individual shall:
(a) Abide by all traffic laws;
(b) Wear a seat belt and require any passengers to wear a seat belt at all times;
(c) Not drive while under the influence of prohibited drugs and/or alcohol;
(d) Not drive if impaired by a medical or physical condition or other factor that affects a
driver’s motor skills, reaction time, or concentration;
(e) Not carry a weapon, whether in the open or concealed;
(1) Exemption. An individual who is carrying a weapon in the course of performing
his or her official duties, or is participating in cultural activities or ceremonies is
exempt from this requirement.
(f) Not transport prohibited drugs and/or alcohol;
(1) Exemption. An employee of the Nation who is transporting prohibited drugs
and/or alcohol in the course of performing his or her job duties is exempt from this
requirement.
(g) Not deliver goods or services for personal gain, or operate private pools where the
riders pay the driver; and
(h) Not use electronic devices in an unlawful manner.
210.5-2. Training Responsibilities. An individual with driver certification shall complete the
driver safety training provided and monitored by the Human Resources Department every three
(3) years.
(a) Exemption. An individual who is required to maintain compliance with any specialized
driver safety training requirements imposed by state or federal regulatory agencies shall be
exempt from the requirement to complete the driver safety training provided by the Human
Resources Department.
210.5-3. Fleet Vehicle Responsibilities. When operating a fleet vehicle, an individual shall:
(a) Complete a vehicle mileage log;
(b) Not transport unauthorized passengers;
(c) Notify the Fleet Management Department immediately of any problems with a fleet
vehicle that may be a safety or mechanical hazard, or of any incidents that result in the
inability of a fleet vehicle to complete a trip;
(d) Be personally responsible for all traffic citation costs, parking ticket costs, or any
similar expense related to vehicle use;
(e) Use Oneida Retail locations for fueling fleet vehicles, unless the fleet vehicle needs
fuel before it can be taken to an Oneida Retail location;
(f) Not smoke or use electronic smoking devices or permit others to smoke or use
electronic smoking devices in the fleet vehicle; and
2 O.C. 210 – Page 3
25 of 56
Draft 1 for OBC Consideration
2024 09 18
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
(g) Ensure the interior of the vehicle is kept in good condition, clean, and free of debris.
210.5-4. Personal Vehicle Responsibilities. When operating a personal vehicle on official
business, an individual shall:
(a) Obtain permission from his or her supervisor to operate a personal vehicle on official
business; and
(b) Submit all required documents for mileage reimbursement, if seeking reimbursement
for miles driven while conducting official business, within thirty (30) days of driving the
miles or by the end of the current fiscal year, whichever is sooner.
(1) Not seeking mileage reimbursement does not exempt an individual from the
provisions of this law.
210.5-5. Notification Requirements. An individual shall notify his or her supervisor if he or she:
(a) Has his or her driver’s license suspended or revoked by the State, or has his or her
driver’s license become invalid for any other reason;
(b) Meets any of the conditions for disciplinary action as provided in section 210.8-7;
and/or
(c) Has any impairment by a medical or physical condition or other factor that affects his
or her motor skills, reaction time, or concentration.
210.6. Fleet Vehicles
210.6-1. Fleet Management Department. The Nation’s Fleet Management Department shall
manage and monitor the use of the Nation’s fleet vehicles. The Fleet Management Department’s
responsibilities shall include, but are not limited to:
(a) Maintain a list of all fleet vehicles that are available for use, including vehicles
permanently assigned to specific entities of the Nation;
(b) Remove unsafe vehicles from the fleet;
(c) Obtain estimates of and schedule fleet vehicle repairs when necessary;
(d) Install or remove equipment on fleet vehicles;
(e) Ensure the Nation’s logo is on all fleet vehicles; and
(f) Ensure that all fleet vehicles are equipped with a mileage log and an auto incident kit
which contains forms and instructions for reporting any incident.
210.6-2. Automotive Department. The Automotive Department shall service and maintain fleet
vehicles according to factory recommendations, or the maintenance schedule established by the
Automotive Department, whichever is stricter. Any vehicle deemed unsafe by the Automotive
Department shall be reported to the Fleet Management Department.
210.6-3. Risk Management Department. The Risk Management Department shall be responsible
for securing and maintaining insurance coverage for all fleet vehicles. Additional responsibilities
of the Risk Management Department shall include, but is not limited to:
(a) Providing auto insurance identification cards in every fleet vehicle;
(b) Processing all submitted vehicle claims and related information; and
(c) Submitting claims to the insurance company.
210.6-4. Use of a Fleet Vehicle. A fleet vehicle may be permanently assigned to an entity for use
or requested for use on a temporary basis. A fleet vehicle shall be used for conducting official
business of the Nation. When used for travel purposes, a fleet vehicle may also be used for
incidental purposes such as travel to and from lodging and/or meal sites.
(a) Prohibited Use of a Fleet Vehicles. A fleet vehicle shall not be used for any of the
following purposes:
(1) Personal use for non-business purposes;
(2) Towing cargo for personal reasons;
(3) Hauling loads that could structurally damage the vehicle; and/or
2 O.C. 210 – Page 4
26 of 56
Draft 1 for OBC Consideration
2024 09 18
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
(4) Jump starting vehicles, other than fleet vehicles.
210.6-5. Permanently Assigned Fleet Vehicles. The Fleet Management Department may
permanently assign a fleet vehicle to an entity if the entity meets the minimum mileage criteria as
established by the Fleet Management Department.
(a) Exception to Minimum Mileage Criteria. The Fleet Management Department may
grant an entity an exception to the minimum mileage criteria.
(b) An entity who is permanently assigned a fleet vehicle shall regularly schedule
maintenance work and safety checks with the Automotive Department.
(c) An entity that is permanently assigned a fleet vehicle is responsible for ensuring that
any individual who drives the vehicle has his or her driver certification.
210.6-6. Temporary Use of a Fleet Vehicle. An individual in an entity that is not permanently
assigned a fleet vehicle may request to use a fleet vehicle for the purpose of conducting official
business by submitting a request to the Fleet Management Department.
(a) Requests for the use of a fleet vehicle shall be made at least one (1) week in advance,
unless urgent circumstances arise.
(b) Before determining whether a fleet vehicle is available, or approving the use of a fleet
vehicle, the Fleet Management Department shall confirm that:
(1) The individual requesting the fleet vehicle has his or her driver certification;
(2) The individual has authorization to use the fleet vehicle from his or her
supervisor, if an employee, or by the individual’s entity, if the individual is an
elected or appointed official of the Nation or volunteer; and
(3) Any passengers are authorized to travel in a fleet vehicle.
(c) The Fleet Management Department may combine vehicle use for travel to the same
destination.
(d) The Fleet Management Department may cancel reservations that are not fulfilled in a
timely manner.
210.6-7. Authorized Passengers. In addition to the employees, elected or appointed officials, or
volunteers who are authorized to use a fleet vehicle, the following individuals shall be authorized
to be a passenger in a fleet vehicle:
(a) Individuals being transported as part of a program or service of the Nation;
(b) Individuals being transported during the normal and ordinary course of representing
and/or conducting business on behalf of the Nation; and/or
(c) Any other individual who is authorized to be a passenger by the supervisor of the
employee, elected or appointed official, or volunteer.
210.6-8. Modifications to Fleet Vehicles. Modifications to fleet vehicles for personal reasons are
not permitted. Modifications to fleet vehicles for operating purposes may be allowed only with the
approval of the Fleet Management Department.
(a) Radar detection devices shall not be installed or used in fleet vehicles.
210.6-9. Rental Vehicles. An individual shall have his or her driver certification before using a
rental vehicle to conduct official business. An individual shall operate the rental vehicle with the
same responsibilities and restrictions as a fleet vehicle.
(a) A vehicle shall be rented in accordance with the Nation’s laws and policies governing
travel. Every vehicle rented shall include the purchase of the maximum collision damage
waiver offered by the rental company.
210.7. Motor Vehicle Crashes or Damage to Vehicles
210.7-1. In the event of a motor vehicle crash or damage involving the fleet vehicle or personal
vehicle driven on official business, an individual shall be subject to the following reporting
requirements; provided that, if an individual sustains injuries that make it impossible to meet the
2 O.C. 210 – Page 5
27 of 56
Draft 1 for OBC Consideration
2024 09 18
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
reporting deadlines identified herein; the driver shall instead make the required reports as soon as
he or she is able to do so:
(a) immediately report the crash or damage to local law enforcement if it results in any of
the following:
(1) death of a person;
(2) an injury to the driver or another person that requires medical attention;
(3) damage to property that does not belong to the driver or the Nation; or
(4) a vehicle being disabled and/or needing to be towed.
(b) immediately report the motor vehicle crash or damage to his or her supervisor; and
(c) provide the Fleet Management Department and Risk Management Department with a
completed auto incident report by the end of the next business day immediately following
the motor vehicle crash or damage.
210.7-2. Internal Review. The Fleet Management Department and Risk Management Department
shall coordinate and conduct an internal review of the auto incident report for a motor vehicle crash
and/or damage to a vehicle.
(a) Fleet Management and Risk Management may recommend whether an individual
should be subject to disciplinary action and/or a driver safety training requirement based
on the motor vehicle crash or incident resulting in damage to a vehicle.
(b) The internal review shall be completed as soon as possible after a motor vehicle crash
has been reported.
(c) Following an internal review, Fleet Management and Risk Management shall issue a
report. Copies of the report shall be:
(1) provided to the driver, the driver’s supervisor, and the driver’s area manager;
and
(2) provided to the Human Resources Department if the Fleet Management
Department and Risk Management Department recommend disciplinary action.
210.8. Suspension of Driver Certification and Other Enforcement
210.8-1. Suspension of driver certification is the suspension of an individual’s ability to drive a
fleet vehicle or personal vehicle on official business and is not a leave from work. Suspension of
driver certification is non-appealable.
210.8-2. Qualifications for Suspension. A supervisor shall suspend an individual’s driver
certification if the individual’s driver’s license is suspended or revoked by the State or becomes
invalid for any other reason.
(a) A supervisor may refer drivers to the Employee Assistance Program in accordance
with applicable laws and policies of the Nation.
210.8-3. Length of Suspension. The individual’s driver certification shall be suspended until a
time in which the individual has obtained a valid driver’s license and meets the qualifications for
reinstatement of driver certification.
210.8-4. Notification of Suspension. The supervisor shall notify the Human Resources
Department in writing if he or she suspends the driver certification of an individual and shall
provide the basis for the suspension. Once notified of a suspension of driver certification the
Human Resources Department shall remove the individual from the list of current certified drivers.
210.8-5. Reasonable Accommodations to Suspension. If the suspension of an individual’s driver
certification affects the individual’s ability to perform his or her job duties, a supervisor may take
one of the following actions:
(a) Reassign the individual to a position which does not require driving;
(b) Provide non-driving accommodation within the position;
(c) Remove the driving requirement from the job description;
2 O.C. 210 – Page 6
28 of 56
Draft 1 for OBC Consideration
2024 09 18
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
(d) Place the individual on unpaid leave until the individual obtains his or her driver
certification; or
(e) Terminate the individual because a valid driver’s license is an essential requirement of
the position.
210.8-6. Reinstatement of Driver Certification. An individual may have his or her driver
certification reinstated upon a review by the Human Resources Department that the individual
again meets all the qualifications for driver certification provided for in section 210.4-2.
210.8-7. Other Enforcement Actions. A supervisor may take disciplinary action against an
individual in accordance with the Nation’s laws and policies governing employment if the
individual is an employee, or in accordance with the laws and policies of the Nation governing
sanctions and penalties if the individual is an elected or appointed official of the Nation, for any
of the following actions:
(a) Failing to comply with any provision of this law;
(b) Failing to complete any applicable driver training requirements;
(c) Driving a fleet vehicle without being certified under the provisions of this law;
(d) Admitting to, or being determined to be, partially or entirely at fault in a motor vehicle
crash involving vehicle damage, property damage, or personal injury; and
(e) Not maintaining the minimum insurance requirements for a personal vehicle.
210.8-8. Additional Driver Safety Training. A supervisor may require that an individual complete
an additional applicable driver safety training, at his or her own expense, if the individual:
(a) is involved in an at-fault motor vehicle crash or damage involving the fleet vehicle or
personal vehicle driven on official business;
(b) receives a moving violation while driving a fleet vehicle or personal vehicle driven on
official business; and
(c) has his or her driver’s license suspended or revoked by the State or becomes invalid
for any other reason.
End.
Adopted – BC-06-28-17-C.
Amended – BC-04-08-20-H.
Amended – BC-__-__-__-__.
2 O.C. 210 – Page 7
29 of 56
FINANCE ADMINISTRATION GDDDDD=
Fiscal Impact Statement ONEIDA
"'
MEMORANDUM
TO:
Ralinda Ninham-Lamberies, Chief Financial Officer
FROM:
Rae Skenandore, Senior Analyst/Budget Coordinator
DATE:
September 5, 2024
RE:
Fiscal Impact of the Amendments to the Vehicle Driver Certification and
Fleet Management Law
I.
Estimated Fiscal Impact Summary
Law: Amendments to the Vehicle Driver Certification and Fleet Management Law
I Draft 1
Implementing Agency
Purchasing
Fleet Management
Estimated time to comply
Estimated Impact
Total Estimated Fiscal Impact
10 days, in compliance with the Legislative Procedures Act
Current Fiscal Year
10 Year Estimate
No Fiscal Impact
No Fiscal Impact
II.
Background
This Law was was originally adopted by the Oneida Business Committee in 2017 through
resolution BC-06-28-17-C, and then amended through resolution BC-04-08-20-H.
The purpose of this law is to establish standards that certify employees, elected and appointed
officials, and volunteers to drive a fleet vehicle or personal vehicle on official business and
regulate the use of all vehicles owned and leased by the Nation.The amendments to the
legislation are to remove the word "purchase" and the responsibility to purchase from the Fleet
Management Department.
III.
Methodology and Assumptions
A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year financial
effects associated with legislation and includes startup costs, personnel, office, documentation
1
30 of 56
costs, as well as an estimate of the amount of time necessary for an agency to comply with the
Law after implementation.
Finance does NOT identify the source of funding for the estimated cost or allocate any funds to
the legislation.
The analysis was completed based on the information provided as of the date of this memo.
III.
Findings
As stated, this Law has been in place since 2017. There are no start-up costs, no increases in
personnel are needed, and no increases in office or documentation costs. The implementing
agencies are prepared to implement all changes when approved.
III.
Financial Impact
There is no fiscal impact of implementing this legislation.
IV.
Recommendation
Finance Department does not make a recommendation in regards to course of action in this
matter. Rather, it is the purpose of this report to disclose potential financial impact of this
legislation, so that the Oneida Business Committee and General Tribal Council has the
information with which to render a decision.
2
A good mind. A good heart. A strong fire.
~
ONEIDA
31 of 56
Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
September 18, 2024
Oneida Life Insurance Plan Law
Amendments
Submission Date: 6/5/24
LOC Sponsor: Jameson Wilson
Public Meeting: N/A
Emergency Enacted: N/A
Summary:
This item added to the Active Files List on June 5, 2024, at the request of the Chief
Financial Officer, Ralinda Ninham-Lamberies. The CFO requested the LOC consider an emergency
amendment to the Law to remove section 1004.5-3 which provides that “the Oneida Trust Enrollment
Department shall be notified within one (1) year of the member of the Nation’s death in order to distribute
the Oneida Life Insurance Plan benefits to the beneficiary. Oneida Life Insurance Plan claims made
beyond the first anniversary of the decedent’s death shall not be processed for distribution.” Finance
provided that recently a member of the Nation missed the deadline by four (4) days, and there would not
be an increase in liability is this provision is removed dur to limited staff availability. The LOC determined
this request did not meet the standard for emergency legislation provided for in section 109.9-5 of the
LPA, but decided to add this item to the Active Files List anyways due to the August 20, 2023 OBC motion
which directed the LOC to bring this Law back for a one (1) year review of its adoption and
implementation.
6/5/24 LOC:
Motion by Jonas Hill to add the Oneida Life Insurance Plan Law Amendments to the Active
Files List with Jameson Wilson as the sponsor; seconded by Kirby Metoxen. Motion carried
unanimously.
8/26/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon Skenandore,
Clorissa Leeman, Carl Artman, Ralinda Ninham-Lamberies, John Danforth, Michelle John,
Heidi Janowski, Fawn Billie, Kristal Hill, Maureen Perkins. The purpose of this work meeting
was to discuss how the implementation of the Oneida Life Insurance Plan law went during its
first year, and begin discussions on whether any amendments to the law are necessary at this
time.
8/29/24:
Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Kirby Metoxen, Jonas Hill,
Clorissa Leeman, Fawn Cottrell, Kristal Hill, Maureen Perkins, Fawn Billie, Carolyn Salutz.
The purpose of this work meeting was to determine what, if any, amendments to make to the
Oneida Life Insurance Plan law based on the information received during the One Year
Review work meeting held on August 26, 2024.
9/4/24 LOC:
Motion by Kirby Metoxen to accept the memorandum entitled, One (1) Year Review of the
Oneida Life Insurance Plan Law; seconded by Marlon Skenandore. Motion carried
unanimously.
Page 1 of 2
A good mind. A good heart. A strong fire.
32 of 56
Motion by Marlon Skenandore to approve the draft of proposed amendments to the Oneida
Life Insurance Plan law and direct that a legislative analysis be developed; seconded by Jonas
Hill. Motion carried unanimously.
Next Steps:
Approve the legislative analysis for the proposed amendments to the Oneida Life Insurance
Plan law.
A good mind. A good heart. A strong fire.
Page 2 of 2
~
ONEIDA
33 of 56
Analysis to Draft 1
2024 09 18
ONEIDA LIFE INSURANCE PLAN LAW
AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Analysis by the Legislative Reference Office
Expand the period of time in which it is required to notify the Oneida Trust
Enrollment Department of a decedent’s death in order to distribute Oneida
Life Insurance Plan benefits to the beneficiary from one (1) year to three (3)
years. [10 O.C. 1004.5-3].
The purpose of this law is to provide a death benefit through the Oneida Life
Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to
the Oneida General Welfare law. [10 O.C. 1004.1-1].
Oneida Trust Enrollment Department, Members of the Nation
A public meeting has not yet been held.
A fiscal impact statement has not yet been requested.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Oneida Life Insurance Plan law was adopted by the Oneida Business Committee in
August of 2023 through resolution BC-08-23-23-G. The purpose of the Oneida Life Insurance Plan law
is to the purpose of providing a death benefit through the Oneida Life Insurance Plan for all eligible
enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. [10 O.C. 1004.1-1]. It
is the policy of the Nation to care for its members and their families even after their death. [10 O.C.
1004.1-2]. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure equitable
and expedient distribution to designated beneficiaries. Id. The General Tribal Council, through
resolution GTC-01-17-09-B, approved the concept of the Oneida Life Insurance Plan Plus to replace
the Oneida Burial Fund. [10 O.C. 1004.1-1(a)]. The General Tribal Council directed implementation
of a benefit that pays fifteen thousand dollars ($15,000) to the designated beneficiary or beneficiaries
of the deceased Oneida Nation member. Id. The payment of death benefits through OLIPP to designated
beneficiaries of a deceased Oneida Nation member is an exercise of self-governance crucial to the
Oneida Nation’s sovereignty, and health and welfare of the community. Id.
B. Request for Amendments. This item added to the Active Files List on June 5, 2024, at the request of
the Chief Financial Officer (CFO), Ralinda Ninham-Lamberies. The CFO requested the Legislative
Operating Committee consider an emergency amendment to the Law to remove section 1004.5-3 which
provides that “the Oneida Trust Enrollment Department shall be notified within one (1) year of the
member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the
beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary of the decedent’s
death shall not be processed for distribution.” Finance provided that recently a member of the Nation
missed the deadline by four (4) days, and there would not be an increase in liability is this provision is
removed due to limited staff availability. The Legislative Operating Committee determined this request
did not meet the standard for emergency legislation provided for in section 109.9-5 of the Legislative
Page 1 of 4
34 of 56
Analysis to Draft 1
2024 09 18
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Procedures Act, but decided to add this item to the Active Files List anyways due to the August 20,
2023 Oneida Business Committee motion which directed the Legislative Operating Committee to bring
this Law back for a one (1) year review of its adoption and implementation.
C. One Year Review. When the Oneida Life Insurance Plan law was adopted in August of 2023, the
Oneida Business Committee also directed that the Oneida Life Insurance Plan law be brought back to
the Legislative Operating Committee in one (1) year for review. On August 26, 2024, the Legislative
Operating Committee meet with the Trust Enrollments Department, Finance, and the Oneida Law
Office to discuss the status of implementation of the Oneida Life Insurance Plan law during its first
year, and to begin discussions on whether any amendments to the law are necessary at this time. The
Legislative Operating Committee accepted the memorandum entitled, One (1) Year Review of the
Oneida Life Insurance Plan Law, on September 4, 2024. Overall, the Trust Enrollments Department,
Finance, and the Oneida Law Office provided that the implementation of the Oneida Life Insurance
Plan law has been smooth and the law is operating as it was intended. Although the Oneida Life
Insurance Plan law is working as intended, the Legislative Operating Committee was asked by Finance
to consider two (2) areas where amendments to the Oneida Life Insurance Plan law could potentially
result in improvements in how the law is administered: (1) Section 1004.5-2(d) and 1004.6-3: regarding
the requirement that funeral expenses be paid directly to the funeral home first before any remaining
funds are paid to beneficiary; and (2) Section 1004.5-3: regarding the notice of death requirement of
one (1) year. Ultimately, the Legislative Operating Committee decided to pursue amendments to the
Oneida Life Insurance Plan law to address the length of time for the notice of death requirement. In the
one (1) year review the Oneida Trust Enrollment Department provided the following statistics that were
current as of August 29, 2024, to provide some perspective on how the Oneida Life Insurance Plan has
been administered during its first year:
Month
48
September 2023
October 2023
November 2023
December 2023
January 2024
February 2024
March 2024
April 2024
May 2024
June 2024
July 2024
August 2024
Oneida Life Insurance Plan Law Statistics
Deaths Reported
OLIP Claims
13
12
10
18
16
22
15
10
23
13
10
12
12
12
9
16
17
22
13
10
23
13
9
2
Claims that
Provided a
Beneficiary
9
11
9
13
15
19
13
10
21
10
8
2
Claims that Did
Not Provide a
Beneficiary
3
1
0
3
2
3
0
0
2
3
1
0
49
50
51
52
SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
amendments to the Oneida Life Insurance Plan law and this legislative analysis:
Page 2 of 4
35 of 56
Analysis to Draft 1
2024 09 18
53
54
55
56
57
58
59
60
Oneida Law Office;
Finance Administration;
Oneida Trust Enrollments Department; and
Central Accounting.
B. The following laws were reviewed in the drafting of this analysis:
Oneida General Welfare law; and
Administrative Rulemaking law.
61
62
63
64
65
66
67
68
69
70
71
72
73
SECTION 4. PROCESS
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
A. The development of the proposed amendments to the Oneida Life Insurance Plan law complies with
the process set forth in the Legislative Procedures Act (LPA).
On June 5, 2024, the Legislative Operating Committee added the Oneida Life Insurance Plan law
to its Active Files List.
On September 4, 2024, the Legislative Operating Committee approved the draft of proposed
amendments to the Oneida Life Insurance Plan law.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this Law:
August 26, 2024: LOC work session with the Oneida Law Office, Finance Administration, Oneida
Trust Enrollments Department, and Central Accounting.
August 29, 2024”: LOC work session.
SECTION 5. CONTENTS OF THE LEGISLATION
A. Expansion of the Timeframe for Noticing the Death of a Decedent. Currently, the Oneida Life
Insurance Plan law requires that the Oneida Trust Enrollment Department be notified within one (1)
year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits
to the beneficiary. [10 O.C. 1004.5-3]. The Oneida Life Insurance Plan law is clear that Oneida Life
Insurance Plan claims made beyond the first anniversary of the decedent’s death shall not be processed
for distribution. Id. The proposed amendments to the Oneida Life Insurance Plan law expand the
amount of time given to notice the Oneida Trust Enrollment Department of the death of a member from
one (1) year to three (3) years. [10 O.C. 1004.5-3].
Effect. The Legislative Operating Committee determined that greater flexibility and consideration
could be given to members of the Nation by increasing the notification period, but ultimately still
wanted to maintain some notice requirement to ensure that claims are not held open indefinitely.
The Legislative Operating Committee determined this is accomplished in the proposed
amendments to the Oneida Life Insurance Plan law that increase the period of time allowed to
notify the Oneida Trust Enrollment Department of a death in order to distribute Oneida Life
Insurance Plan benefits from one (1) year to three (3) years.
SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to this Law:
Oneida General Welfare Law. The Oneida General Welfare Law governs how the Nation provides
assistance to eligible members on a non-taxable basis, pursuant to the principles of the General
Page 3 of 4
36 of 56
Analysis to Draft 1
2024 09 18
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
Welfare Exclusion to Indian Tribal governmental programs that provide benefits to Tribal
members. [10 O.C. 1001.1-1].
The Oneida Life Insurance Plan is hereby established as an approved program of the Nation in
accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1]. The Oneida Life
Insurance Plan meets the requirements of the General Test as defined in the Oneida General
Welfare Law. [10 O.C. 1003.4-2].
Administrative Rulemaking Law. The Administrative Rulemaking law provides an efficient,
effective, and democratic process for enacting and revising administrative rules, to ensure that
authorized agencies act in a responsible and consistent manner when enacting and revising
administrative rules. [1 O.C. 106.1-2].
The Oneida Life Insurance Plan law delegates rulemaking authority to the Oneida Trust
Enrollment Department to promulgate rules to govern the administration of the Oneida Life
Insurance Plan. [10 O.C. 1004.8-1].
Any rules promulgated by the Oneida Trust Enrollment Department must be done in accordance
with the process and procedures of the Administrative Rulemaking law.
110
111
SECTION 7. OTHER CONSIDERATIONS
112
A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
113
legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC114
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
115
Act,” provides further clarification on who the Legislative Operating Committee may direct complete
116
a fiscal impact statement at various stages of the legislative process, as well as timeframes for
117
completing the fiscal impact statement.
118
Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact
119
statement be completed.
120
Page 4 of 4
37 of 56
Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
September 18, 2024
Landlord-Tenant law
Amendments
Submission Date: 2/21/24
Public Meeting: n/a
Emergency Enacted: n/a
Expires: n/a
LOC Sponsor: Jonas Hill
Summary: This item was added to the Active Files List on February 21, 2024, per the request of
the Oneida Law Office, for the purpose of making the Landlord Tenant law generally applicable to
all landlords, not just the Nation as a landlord, and fully assert the Nation’s jurisdiction within the
Reservation boundaries.
2/21/24 LOC: Motion by Kirby Metoxen to add the Landlord Tenant law amendments to the Active
Files List with Jonas Hill as the sponsor; seconded by Jonas Hill. Motion carried
unanimously.
3/20/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon
Skenandore, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen
Perkins. The purpose of this work session was for the LOC to discuss and determine
a priority for this legislative item.
5/28/24:
Work Meeting. Present: Krystal John, Grace Elliott. The purpose of this meeting was
to outline the main amendments being sought.
7/11/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Krystal John,
Lisa Rauschenbach, Michelle Hill, Fawn Billie, Fawn Cottrell, Kristal Hill, Maureen
Perkins, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this meeting
was to identify any areas of the Landlord Tenant law that may benefit from
amendments.
8/1/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby
Metoxen, Fawn Billie, Fawn Cottrell, Kristal Hill, Maureen Perkins, Mark Powless,
Derick Denny, Krystal John, Scott Denny, Grace Elliott. The purpose of this meeting
was to continue reviewing the Landlord Tenant law for any recommended
amendments.
Page 1 of 2
A good mind. A good heart. A strong fire.
38 of 56
8/23/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Clorissa
Leeman, Carolyn Salutz, Maureen Perkins, Fawn Billie. The purpose of this meeting
was to address a final question about the proposed amendments to the Law.
Next Steps:
Approve the draft of the proposed amendments to the Landlord Tenant law and direct that
a legislative analysis be completed.
Page 2 of 2
A good mind. A good heart. A strong fire.
~
ONEIDA
39 of 56
Draft 1 (Redline to Current)
2024 09 18
Title 6. Property and Land- Chapter 611
LANDLORD-TENANT
Tsi> Yuhw<tsyaw@=ku Aolihw@=ke
where it bound to the earth - issues
611.1.
611.2.
611.3.
611.4.
611.45.
611.56.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Rental Programs
Rental Agreement Documents
Rights and Duties of Landlords and Tenants
611.67.
611.78.
611.89.
611.910.
611.10
Domestic Abuse Protections
Sex Offender Registry
Termination of Tenancy at Death of Tenant
Landlord or Tenant Actions
Comprehensive Housing Division Rental Programs
611.1.
Purpose and Policy
611.1-1. Purpose. The purpose of this law is to provide mechanisms for protecting the rights of
the landlords and tenants on all land owned by the Nation or members of the Nation within the
Reservation boundariesof the Nation’s rental programs.
611.1-2. Policy. It is the Nation’s policy to provide a fair process to all landlords and tenants of
the Nation’s rental programs that preserves the peace, harmony, safety, health, and general welfare
ofand the Nation’s residentsresources.
611.2.
Adoption, Amendment, Repeal
611.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-12-16C and thereafter amended by resolution BC-12-13-17-D.
611.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
611.2-3. 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.
611.2-4. 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.
611.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.
611.3.
Definitions
611.3-1. This section shall govern the definitions of words and phrases as used herein. All words
not defined herein shall be used in their ordinary and everyday sense.
(a) “Comprehensive Housing Division” ias the division within the Oneida Nation under
the direction of the Comprehensive Housing Division Director which consists of all
residential services offered by the Nation, including but not limited to, all rental programs,
the rent-to-own program, and the residential sales and mortgages programs.
(b) “Landlord” means any person or entity within the Nation’s jurisdiction in theirits
capacity to rent real property subject to a rental agreement.
(c) “Nation” means the Oneida Nation.
(d) “Premises” means the property covered by a rental agreement, including not only the
real property and fixtures, but also any personal property furnished by the landlord pursuant
to a rental agreement.
6 O.C. 611 – Page 1
40 of 56
Draft 1 (Redline to Current)
2024 09 18
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
(e) “Rental Agreement” means a written contract between a landlord and a tenant, whereby
the tenant is granted the right to use or occupy the premises for a residential purpose for
one (1) year or less, provided that the term may be longer than one (1) year in circumstances
where the contract is on a rent-to-own basis.
(f) “Reservation” means all property within the exterior boundaries of the reservation of
the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and
any lands added thereto pursuant to federal law.
(g) “Rule” means a set of requirements, including citation fees and penalty schedules,
enacted jointly by the Land Commission and by the Comprehensive Housing Division in
accordance with the Administrative Rulemaking law based on authority delegated in this
law in order to implement, interpret and/or enforce this law, provided that where such
requirements relate solely to premises administered pursuant to federal funding, the
Comprehensive Housing Division has sole authority.
(h) “Tenant” means the person granted the right to use or occupy a premises pursuant to a
rental agreement.
(i) “Tribal member” means an individual who is an enrolled member of the Nation.
(j) “Security Deposit” means a payment made to the landlord by the tenant to ensure that
rent will be paid and other responsibilities of the rental agreement performed.
611.4.
Rental Programs
611.4-1. Available Rental Programs. Consistent with available funds, the Comprehensive
Housing Division shall provide residential rental programs for providing housing to the following
types of tenants and the Oneida Land Commission and the Comprehensive Housing Division shall
jointly establish rules naming said programs and providing the specific requirements and
regulations that apply to each program:
(a) Elder tribal members;
(b) Low-income Oneida tribal members and families; and
(c) Tribal members in general.
611.4-2. Minimum Rental Eligibility Requirements. In order to be eligible for a rental
agreement, applicants shall meet the following conditions:
(a) Be eighteen (18) years of age at the time of the application;
(b) Have no felony or drug convictions within the past two (2) years from the date of
application, provided that a pardon or forgiveness received pursuant to the Pardon and
Forgiveness law may provide an exception to this condition;
(c) Meet the local governments’ laws’ requirements regarding residency restrictions for
convicted sex offenders;
(d) Meet the income requirements for entering the rental agreement as determined by the
rental program’s governing rules;
(e) Not hold a residential lease with the Nation; and
(f) Meet any other eligibility requirements set by the rental program’s rules, which may
not be less strict than this law, but may be stricter than this law, provided that rules
developed for low-income Tribal members and families:
(1) May not contain eligibility requirements that consider debt owed or evictions
from entities other than the Comprehensive Housing Division; but
(2) May contain eligibility requirements that consider debt owed to utility
providers, provided that eligibility may not be denied for any debt owed to a
utility provider with a past due balance of less than two hundred dollars ($200).
6 O.C. 611 – Page 2
41 of 56
Draft 1 (Redline to Current)
2024 09 18
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
611.4-3. Tenant Selection. The Land Commission and the Comprehensive Housing Division
shall jointly develop rules governing the selection of applicants for the issuance of rental
agreements.
611.45.
Rental Agreement Documents
611.45-1. Severability of Rental Agreement Provisions. The provisions of a rental agreement are
severable. If any provision of a rental agreement is void or unenforceable by reason of any law,
rule, regulation, or judicial order, the invalidity or unenforceability of that provision does not affect
other provisions of the rental agreement that can be given effect without the invalid or
unenforceable provision.
611.45-2. Requirements of Rental Agreements and Terminations. A rental agreement or
termination of a rental agreement is not enforceable unless it meets the requirements of this law
and is in writing.
(a) All rental agreements shall:
(1) Set forth the amount of rent or other consideration provided in exchange for the
ability to use/occupy the premises;
(2) Set forth the required amount of security deposit and require payment of the
security deposit prior to the tenant(s) taking use/occupancy of the premises, if
applicable;
(3) Set the time of commencement and expiration of the rental agreement;
(4) Provide a reasonably definite description of the premises;
(5) If the Nation is the landlord, sState that nothing in the agreement may be
considered a waiver of the Nation’s sovereign immunity, provided that tenants may
seek enforcement of a rental agreement or dispute an action taken pursuant to a
rental agreement with the Oneida Judiciary; and
(6) Be signed by both the landlord and the tenant(s) prior to the tenant(s) taking
use/occupancy of the premises;
(A) The rental agreement is not required to be signed by all adults
using/occupying the premises, provided that the rights and responsibilities
contained in the rental agreement do not extend to persons that are not
named as tenants in the rental agreement.
(B) Unless legally separated, if a tenant(s) is married, the landlord shall
require that each spouse sign the rental agreement.
(b) Any provision of a rental agreement that does any of the following is void and
unenforceable.
(1) Allows a landlord to do or threaten to do any of the following because a tenant
has contacted an entity for law enforcement services, health services or safety
services:
(A) Increase rent;
(B) Decrease services;
(C) Bring an action for eviction unless authorized by pursuant to the
Eviction and Termination law; and/or
(D) Refuse to renew a rental agreement.
(2) Except as otherwise provided in this law in regards to domestic abuse,
authorizes the eviction or exclusion of a tenant from the premises other than through
the process described in the Eviction and Termination law.
6 O.C. 611 – Page 3
42 of 56
Draft 1 (Redline to Current)
2024 09 18
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
(3) Requires the tenant to pay attorney’s fees or costs incurred by the landlord in
any legal action or dispute arising under the rental agreement except as supported
by a court order.
(4) States that the landlord is not liable for property damage or personal injury
caused by negligent acts or omissions of the landlord. This subsection does not
affect ordinary maintenance obligations of a tenant under 611.56-3(b) or assumed
by a tenant under a rental agreement or other written agreement between the
landlord and the tenant.
(5) Imposes liability on the tenant for any of the following:
(A) Personal injury arising from causes clearly beyond the tenant’s control.
(B) Property damage caused by natural disasters or by persons other than
the tenant or the tenant’s guests or invitees. This subsection does not affect
ordinary maintenance obligations of a tenant under 611.56-3(b) or assumed
by a tenant under a rental agreement or other written agreement between the
landlord and the tenant.
(6) Waives any obligation on the part of the landlord to deliver the premises in a fit
and habitable condition or to maintain the premises during the tenant’s tenancy.
(7) Allows for periodic tenancy, which for the purposes of this section means when
a tenant uses/occupies a premises without an effective and valid rental agreement
by paying rent on a periodic basis including, but not limited to, day-to-day, weekto-week and month-to-month.
611.45-3. Assignment of Rental Agreements Not Permitted. Assignments of rental agreements
are not permitted under any circumstances.
611.56.
Rights and Duties of Landlords and Tenants
611.56-1. This section governs the rights and duties of the landlord and tenant in the absence of
any inconsistent provision found in a valid rental agreement.
611.56-2. Disposition of Personal Property Left by the Tenant. If the tenant moves from or is
evicted from the premises and leaves personal property, the landlord may presume that the tenant
has abandoned the personal property and may dispose of said property in any manner that the
landlord, in theirhis or her sole discretion, determines is appropriate, provided that:
(a) The landlord shall hold personal property for a minimum of five (5) business days and
the tenant may retrieve said personal property by contacting the landlord.
(b) The landlord shall keep a written log of the date and the work time that the
Nation’slandlord or the landlord’s staff expends storing and/or removing personal property
and/or removing/disposing of debris left at the property after the expiration of the
timeframe provided in the order to vacate.
(c) The Land Commission and the Comprehensive Housing Division shall jointly create
rules further governing the disposition of personal property on Tribal land.
611.56-3. Repairs; Untenability. This section applies to all rental agreementsleases if there is no
contrary provision in writing signed by both parties.
(a) Duties of the Landlord.
(1) Except for repairs made necessary by the negligence of, or improper use of the
premises by the tenant, the landlord has a duty to do all of the following:
(A) Keep in a reasonable state of repair portions of the premises over
which the landlord maintains control.
6 O.C. 611 – Page 4
43 of 56
Draft 1 (Redline to Current)
2024 09 18
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
(B) Keep in a reasonable state of repair all equipment under the landlord’s
control necessary to supply services that the landlord has expressly or
impliedly agreed to furnish to the tenant, such as heat, water, elevator, or
air conditioning.
(C) Make all necessary structural repairs.
(D) Except as provided in section 611.56-3(b)(2), repair or replace any
plumbing, electrical wiring, machinery, or equipment furnished with the
premises and no longer in reasonable working condition.
(E) Comply with any laws or rules of the Nation that are applicable to the
premises.
(2) If the premises are part of a building where other parts are occupied by one (1)
or more other tenants, negligence or improper use by one (1) tenant does not
relieve the landlord from the landlord’s duty to make repairs as provided
in 611.56-3(a)(1), provided that the landlord may require the responsible tenant to
pay for such repairs.
(3) A landlord shall disclose to a prospective tenant, before entering into a rental
agreement with or accepting any earnest money or security deposit from the
prospective tenant, any violation of either the Building Code of the Oneida Nation
or the Zoning and Shoreland Protection Ordinance if all of the following apply:
(A) The landlord has actual knowledge of the violation;
(B) The violation affects the dwelling unit that is the subject of the
prospective rental agreement or a common area of the premises;
(C) The violation presents a significant threat to the prospective tenant’s
health or safety; and
(D) The violation has not yet been corrected but the landlord shall correct
the violation prior to the tenant taking occupancy of the premises.
(4) If the premises are damaged by fire, water or other casualty, not the result of
the negligence or intentional act of the landlord, this subsection is inapplicable
and either section 611.56-3(b) or (c) governs.
(5) The landlord is responsible for all required pest control to keep the premises in
a safe and healthy condition, provided that where an infestation has occurred due
to the acts or inaction of the tenant the pest control costs may be assessed against
the tenant.
(b) Duties of the Tenant.
(1) If the premises are damaged, including by an infestation of insects or other
pests, due to the acts or inaction of the tenant, the landlord may elect to allow the
tenant to remediate or repair the damage and restore the appearance of the
premises by redecorating. However, the landlord may elect to undertake the
remediation, repair, or redecoration, and in such case the tenant shall reimburse
the landlord for the reasonable cost thereof; the cost to the landlord is presumed
reasonable unless proven otherwise by the tenant.
(2) The tenant shall keep plumbing, electrical wiring, machinery and equipment
furnished with the premises in reasonable working order.
(3) Tenants shall comply with all laws and rules of the Nation.
(c) Untenability. If the premises become untenable because of damage by fire, water or
other casualty or because of any condition hazardous to health, or if there is a substantial
violation of section 611.56-3(a) materially affecting the health or safety of the tenant, the
6 O.C. 611 – Page 5
44 of 56
Draft 1 (Redline to Current)
2024 09 18
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
tenant may move from the premises unless the landlord promptly repairs, rebuilds or
eliminates the health hazard or the substantial violation of 611.56-3(a) materially
affecting the health or safety of the tenant.
(1) The tenant may also move and terminate the rental agreement if the
inconvenience to the tenant by reason of the nature and period of repair,
rebuilding or elimination would impose undue hardship on the tenant.
(2) If the tenant remains in possession, the landlord shall decrease rent for each
month to the extent the tenant is deprived of the full normal use of the premises.
The Land Commission and the Comprehensive Housing Division shall jointly
develop rules governing how and when rent is decreased pursuant to this section.
This subsection does not authorize rent to be withheld in full, if the tenant remains
in possession.
(3) If the tenant justifiably moves out under this subsection, the tenant is not
liable for rent after the premises become untenable and the landlord shall repay
any rent paid in advance apportioned to the period after the premises become
untenable. This subsection is inapplicable if the damage or condition is caused by
negligence or improper use by the tenant.
(4) If the Nation is the landlord, alternative housing shall be provided to the extent
that it is reasonably available.
(d) Check-in sheet. Landlords shall provide all new tenants with a check-in sheet when
the tenant commences his or her their occupancy of the premises that the tenant may use
to make comments, if any, about the condition of the premises. The landlord shall
provide the tenant with seven (7) days from the date the tenant commences his or her
their occupancy to complete the check-in sheet and return it to the landlord. The landlord
is not required to provide the check-in sheet to a tenant upon renewal of a rental
agreement.
(e) Notice to Enter Required. The landlord shall provide twenty-four (24) hour written
notice prior to entering the tenant’s premises where notice is required to either be
personally served to the tenant or posted on the premises. A landlord is exempt from this
notice requirement in the case of an emergency welfare check. The basis of a welfare check
may include, but is not limited to the following:
(1) The landlord believes the tenant’s or a child’s wellbeing may be in jeopardy
based on reports of child abuse or neglect, medical concerns, suspicious activity or
other reported information;
(2) The landlord suspects the tenant has abandoned the premises; and/or
(3) The landlord receives notice that the premise’s utilities have been disconnected.
(f) Acts of tenant not to affect rights of landlord. No act of a tenant in acknowledging as
landlord a person other than the tenant's original landlord can prejudice the right of the
original landlord to possession of the premises.
(g) Annual Inspection Required. In the event the tenant renews the rental agreement for
additional terms, the landlord shall, at a minimum, inspect the premises once annually.
611.67.
Domestic Abuse Protections
611.67-1. If a tenant notices the landlord of domestic abuse with of any of the following
documentation, regardless of marital status, the landlord shall change the locks to the premises
and, if the tenant is unmarried, allow the tenant to modify the rental agreement to remove the
domestic abuser:
6 O.C. 611 – Page 6
45 of 56
Draft 1 (Redline to Current)
2024 09 18
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
(a) An injunction order under Wis. Stat. 813.12(4) protecting the tenant from a co-tenant;
(b) An injunction order under Wis. Stat. 813.122 protecting a child of the householdtenant
from a co-tenant;
(c) An injunction order under Wis. Stat. 813.125(4) protecting the tenant or child of the
householdtenant from a co-tenant, based on the co-tenant’s engaging in an act that would
constitute sexual assault under Wis. Stat. 940.225, 948.02 or 948.025, or stalking under
Wis. Stat. 940.32, or attempting or threatening to do the same;
(d) A condition of release under Wis. Ch. 969 ordering the co-tenant not to contact the
tenant;
(e) A criminal complaint alleging that the co-tenant sexually assaulted the tenant or a child
of the householdtenant under Wis. Stat. 940.225, 948.02 or 948.025;
(f) A criminal complaint alleging that the co-tenant stalked the tenant or a child of the
householdtenant under Wis. Stat. 940.32; or
(g) A criminal complaint that was filed against the co-tenant as a result of the co-tenant
being arrested for committing a domestic abuse offense against the tenant under Wis. Stat.
968.075.
611.67-2. If a tenant is no longer eligible to maintain the rental agreement upon removing a cotenant domestic abuser from the rental agreement, the landlord shall permit the tenant to remain
on the premises for the longer of either the duration of the rental agreement or ninety (90) days
from the date the rental agreement is modified. If the latter applies, in addition to removing the
co-tenant that is the domestic abuser, the landlord shall also revise the rental agreement to extend
its duration.
611.67-3. The Eviction and Termination law provides tenants that are victims of domestic abuse
with a defense to eviction should the abusers actions be the cause for eviction.
611.78.
Sex Offender Registry
611.78-1. Should a tenant request information about whether any other tenants are required to
register as a sex offender, the landlord shall provide the tenant with written notice that they he or
she may obtain information about the sex offender registry and persons registered within the
registry by contacting the department of corrections. The landlord shall include in such notice the
appropriate telephone number and internet site of the department of corrections.
611.89.
Termination of Tenancy at Death of Tenant
611.89-1. If a tenant dies, his or hertheir tenancy is terminated as follows:
(a) If the deceased tenant was the only household member listed in the rental agreement,
immediately upon the death of the tenant;
(b) If there were additional adult household members aside from the deceased tenant listed
in the household within the rental agreement, then the later of the following, provided that
an adult household member remaining in the unit shall assume the tenancy responsibilities
under the rental agreement:
(1) Six (6) months after the landlord receives notice, is advised, or otherwise
becomes aware of the tenant’s death, provided that any extension beyond the
original term of the agreement requires an amendment or limited term rental
agreement which covers the term of the extension; or
(2) The expiration of the term of the rental agreement.
611.9-2. The deceased tenant or his or hertheir estate is not liable for any rent after the
termination of his or hertheir tenancy. A landlord may not contact or communicate with a member
6 O.C. 611 – Page 7
46 of 56
Draft 1 (Redline to Current)
2024 09 18
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
of the deceased tenant’s family for the purpose of obtaining from the family member rent for which
the family member has no liability except that if adult household members remain in the rental
unit following the deceased tenant’s death in accordance with section 611.89-1 or 611.89-4, an
adult household member shall assume the tenancy responsibilities pursuant to the rental agreement.
611.89-3. Nothing in this section relieves another adult tenant of the deceased tenant’s premises
from any obligation under a rental agreement or any other liability to the landlord.
611.89-4. Where the Nation is the landlord, and iIf the deceased tenant is a Tribal member whose
death renders a co-tenant no longer eligible for a rental agreement based on Tribal member status,
the non-Tribal member tenant may remain in the premises as follows:
(a) If subject to a standard rental agreement (i.e. not on a rent-to-own basis), see section
611.89-1(b) above.
(b) If the rental agreement was on a rent-to-own basis, the remaining non-Tribal member
tenant may remain in the premises for a maximum of six (6) months from the date of the
Tribal member tenant’s death unless the non-Tribal member tenant has a child that is a
Tribal member. In the event the original tenants have a Tribal member child, the nonTribal member tenant may remain in the premises under the rent-to-own agreement so long
as the non-Tribal member tenant either:
(1) Transfers the premises and the rent-to-own agreement to a child of one (1) or
both of the original tenants who is a Tribal member, eighteen years or older, and
agrees to live in the premises; or
(2) Signs an agreement indicating that the premises and the rent-to-own agreement
shall be transferred to a minor Tribal member child when the child is eighteen (18)
years old.
(c) Should the non-Tribal member tenant satisfy the payment requirements of the rent-toown agreement prior to the Tribal member child’s eighteenth (18th) birthday, the rent-toown agreement shall be extended at no additional cost to the tenant and conveyance
postponed until the Tribal member child reaches eighteen (18) years of age and the rentto-own agreement is transferred to the child.
(d) In the event the non-Tribal member tenant either has no children living in the premises
that are Tribal members or declines to the enter the agreement transferring the rent-to-own
agreement to a Tribal member child, the rent-to-own agreement shall be terminated upon
the tenant’s ineligibility to remain in the rent-to-own program and a limited term rental
agreement shall be executed.
611.9-5. 611.8-5. Where a landlord is terminating a rental agreement entered on a rent-to-own
basis based on death of a Tribal member tenant, the landlord shall pay the remaining co-tenant
all equity the tenants may have accrued in accordance with the rental agreement.
611.910. Landlord or Tenant Actions
611.910-1. The Oneida Judiciary is granted jurisdiction to hear complaints filed regarding actions
taken pursuant to this law and/or a rental agreement.
611.910-2. No administrative hearing body, including a board, committee or commission, is
authorized to hear a complaint regarding actions taken pursuant to this law and/or a rental
agreement.
611.910-3. Where the Nation is the landlord any complaint filed with the judiciary The landlord is
the Comprehensive Housing Division in regards to taking actions authorized under this law and
complaints filed with the Oneida Judiciary shall name the Comprehensive Housing Division and
the specific program.
6 O.C. 611 – Page 8
47 of 56
Draft 1 (Redline to Current)
2024 09 18
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
611.10.
Comprehensive Housing Division Rental Programs
611.10-1. Available Rental Programs. Consistent with available funds, the Comprehensive
Housing Division shall provide residential rental programs for providing housing to the following
types of tenants. The Comprehensive Housing Division shall establish rules naming said programs
and providing the specific requirements and regulations that apply to each program:
(a) Elder members of the Nation;
(b) Low-income Oneida tribal members and families; and
(c) Tribal members in general.
611.10-2. Minimum Rental Eligibility Requirements. In order to be eligible for a rental agreement
with CHD, applicants shall meet the following conditions:
(a) Be eighteen (18) years of age at the time of the application;
(b) Have no felony or drug convictions within the past two (2) years from the date of
application, provided that a pardon or forgiveness received pursuant to the Pardon and
Forgiveness law may provide an exception to this condition;
(c) Meet the local governments’ laws’ requirements regarding residency restrictions for
convicted sex offenders;
(d) Meet the income requirements for entering the rental agreement as determined by the
rental program’s governing rules;
(e) Not hold a residential lease with the Nation; and
(f) Meet any other eligibility requirements set by the rental program’s rules, which may
not be less strict than this law, but may be stricter than this law, provided that rules
developed for low-income Tribal members and families:
(1) May not contain eligibility requirements that consider debt owed or evictions
from entities other than the Comprehensive Housing Division; but
(2) May contain eligibility requirements that consider debt owed to utility
providers, provided that eligibility may not be denied for any debt owed to a
utility provider with a past due balance of less than two hundred dollars ($200).
End.
Adopted – BC-10-12-16-C
Emergency Amended – BC-01-25-17-C
Emergency Extension – BC-07-26-17-I
Amended—BC-12-13-17-D
6 O.C. 611 – Page 9
48 of 56
Draft 1
2024 09 18
Title 6. Property and Land- Chapter 611
LANDLORD-TENANT
Tsi> Yuhw<tsyaw@=ku Aolihw@=ke
where it bound to the earth - issues
611.1.
611.2.
611.3.
611.4.
611.5.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Rental Agreement Documents
Rights and Duties of Landlords and Tenants
611.6.
611.7.
611.8.
611.9.
611.10
Domestic Abuse Protections
Sex Offender Registry
Termination of Tenancy at Death of Tenant
Landlord or Tenant Actions
Comprehensive Housing Division Rental Programs
611.1.
Purpose and Policy
611.1-1. Purpose. The purpose of this law is to provide mechanisms for protecting the rights of
the landlords and tenants on all land owned by the Nation or members of the Nation within the
Reservation boundaries.
611.1-2. Policy. It is the Nation’s policy to provide a fair process to all landlords and tenants
that preserves the peace, harmony, safety, health, and general welfare of the Nation’s residents.
611.2.
Adoption, Amendment, Repeal
611.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-12-16C and thereafter amended by resolution BC-12-13-17-D.
611.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
611.2-3. 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.
611.2-4. 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.
611.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.
611.3.
Definitions
611.3-1. This section shall govern the definitions of words and phrases as used herein. All words
not defined herein shall be used in their ordinary and everyday sense.
(a) “Comprehensive Housing Division” is the division within the Oneida Nation under the
direction of the Comprehensive Housing Division Director which consists of all residential
services offered by the Nation, including but not limited to, all rental programs, the rentto-own program, and the residential sales and mortgages programs.
(b) “Landlord” means any person or entity within the Nation’s jurisdiction in their capacity
to rent real property subject to a rental agreement.
(c) “Nation” means the Oneida Nation.
(d) “Premises” means the property covered by a rental agreement, including not only the
real property and fixtures, but also any personal property furnished by the landlord pursuant
to a rental agreement.
6 O.C. 611 – Page 1
49 of 56
Draft 1
2024 09 18
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
(e) “Rental Agreement” means a written contract between a landlord and a tenant, whereby
the tenant is granted the right to use or occupy the premises for a residential purpose for
one (1) year or less, provided that the term may be longer than one (1) year in circumstances
where the contract is on a rent-to-own basis.
(f) “Reservation” means all property within the exterior boundaries of the reservation of
the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and
any lands added thereto pursuant to federal law.
(g) “Rule” means a set of requirements, including citation fees and penalty schedules,
enacted by the Comprehensive Housing Division in accordance with the Administrative
Rulemaking law based on authority delegated in this law in order to implement, interpret
and/or enforce this law
(h) “Tenant” means the person granted the right to use or occupy a premises pursuant to a
rental agreement.
(i) “Tribal member” means an individual who is an enrolled member of the Nation.
(j) “Security Deposit” means a payment made to the landlord by the tenant to ensure that
rent will be paid and other responsibilities of the rental agreement performed.
611.4.
Rental Agreement Documents
611.4-1. Severability of Rental Agreement Provisions. The provisions of a rental agreement are
severable. If any provision of a rental agreement is void or unenforceable by reason of any law,
rule, regulation, or judicial order, the invalidity or unenforceability of that provision does not affect
other provisions of the rental agreement that can be given effect without the invalid or
unenforceable provision.
611.4-2. Requirements of Rental Agreements and Terminations. A rental agreement or
termination of a rental agreement is not enforceable unless it meets the requirements of this law
and is in writing.
(a) All rental agreements shall:
(1) Set forth the amount of rent or other consideration provided in exchange for the
ability to use/occupy the premises;
(2) Set forth the required amount of security deposit and require payment of the
security deposit prior to the tenant(s) taking use/occupancy of the premises, if
applicable;
(3) Set the time of commencement and expiration of the rental agreement;
(4) Provide a reasonably definite description of the premises;
(5) If the Nation is the landlord, state that nothing in the agreement may be
considered a waiver of the Nation’s sovereign immunity, provided that tenants may
seek enforcement of a rental agreement or dispute an action taken pursuant to a
rental agreement with the Oneida Judiciary; and
(6) Be signed by both the landlord and the tenant(s) prior to the tenant(s) taking
use/occupancy of the premises;
(A) The rental agreement is not required to be signed by all adults
using/occupying the premises, provided that the rights and responsibilities
contained in the rental agreement do not extend to persons that are not
named as tenants in the rental agreement.
(B) Unless legally separated, if a tenant(s) is married, the landlord shall
require that each spouse sign the rental agreement.
6 O.C. 611 – Page 2
50 of 56
Draft 1
2024 09 18
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
(b) Any provision of a rental agreement that does any of the following is void and
unenforceable.
(1) Allows a landlord to do or threaten to do any of the following because a tenant
has contacted an entity for law enforcement services, health services or safety
services:
(A) Increase rent;
(B) Decrease services;
(C) Bring an action for eviction unless authorized bythe Eviction and
Termination law; and/or
(D) Refuse to renew a rental agreement.
(2) Except as otherwise provided in this law in regard to domestic abuse, authorizes
the eviction or exclusion of a tenant from the premises other than through the
process described in the Eviction and Termination law.
(3) Requires the tenant to pay attorney’s fees or costs incurred by the landlord in
any legal action or dispute arising under the rental agreement except as supported
by a court order.
(4) States that the landlord is not liable for property damage or personal injury
caused by negligent acts or omissions of the landlord. This subsection does not
affect ordinary maintenance obligations of a tenant under 611.5-3(b) or assumed by
a tenant under a rental agreement or other written agreement between the landlord
and the tenant.
(5) Imposes liability on the tenant for any of the following:
(A) Personal injury arising from causes clearly beyond the tenant’s control.
(B) Property damage caused by natural disasters or by persons other than
the tenant or the tenant’s guests or invitees. This subsection does not affect
ordinary maintenance obligations of a tenant under 611.5-3(b) or assumed
by a tenant under a rental agreement or other written agreement between the
landlord and the tenant.
(6) Waives any obligation on the part of the landlord to deliver the premises in a fit
and habitable condition or to maintain the premises during the tenant’s tenancy.
(7) Allows for periodic tenancy, which for the purposes of this section means when
a tenant uses/occupies a premises without an effective and valid rental agreement
by paying rent on a periodic basis including, but not limited to, day-to-day, weekto-week and month-to-month.
611.4-3. Assignment of Rental Agreements Not Permitted. Assignments of rental agreements
are not permitted under any circumstances.
611.5.
Rights and Duties of Landlords and Tenants
611.5-1. This section governs the rights and duties of the landlord and tenant in the absence of
any inconsistent provision found in a valid rental agreement.
611.5-2. Disposition of Personal Property Left by the Tenant. If the tenant moves from or is
evicted from the premises and leaves personal property, the landlord may presume that the tenant
has abandoned the personal property and may dispose of said property in any manner that the
landlord, in their sole discretion, determines is appropriate, provided that:
(a) The landlord shall hold personal property for a minimum of five (5) business days and
the tenant may retrieve said personal property by contacting the landlord.
6 O.C. 611 – Page 3
51 of 56
Draft 1
2024 09 18
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
(b) The landlord shall keep a written log of the date and the work time that the landlord or
the landlord’s staff expends storing and/or removing personal property and/or
removing/disposing of debris left at the property after the expiration of the timeframe
provided in the order to vacate.
(c) The Comprehensive Housing Division shall create rules further governing the
disposition of personal property on Tribal land.
611.5-3. Repairs; Untenability. This section applies to all rental agreements if there is no contrary
provision in writing signed by both parties.
(a) Duties of the Landlord.
(1) Except for repairs made necessary by the negligence of, or improper use of the
premises by the tenant, the landlord has a duty to do all of the following:
(A) Keep in a reasonable state of repair portions of the premises over
which the landlord maintains control.
(B) Keep in a reasonable state of repair all equipment under the landlord’s
control necessary to supply services that the landlord has expressly or
impliedly agreed to furnish to the tenant, such as heat, water, elevator, or
air conditioning.
(C) Make all necessary structural repairs.
(D) Except as provided in section 611.5-3(b)(2), repair or replace any
plumbing, electrical wiring, machinery, or equipment furnished with the
premises and no longer in reasonable working condition.
(E) Comply with any laws or rules of the Nation that are applicable to the
premises.
(2) If the premises are part of a building where other parts are occupied by one (1)
or more other tenants, negligence or improper use by one (1) tenant does not
relieve the landlord from the landlord’s duty to make repairs as provided in 611.53(a)(1), provided that the landlord may require the responsible tenant to pay for
such repairs.
(3) A landlord shall disclose to a prospective tenant, before entering into a rental
agreement with or accepting any earnest money or security deposit from the
prospective tenant, any violation of either the Building Code of the Oneida Nation
or the Zoning and Shoreland Protection Ordinance if all of the following apply:
(A) The landlord has actual knowledge of the violation;
(B) The violation affects the dwelling unit that is the subject of the
prospective rental agreement or a common area of the premises;
(C) The violation presents a significant threat to the prospective tenant’s
health or safety; and
(D) The violation has not yet been corrected but the landlord shall correct
the violation prior to the tenant taking occupancy of the premises.
(4) If the premises are damaged by fire, water or other casualty, not the result of
the negligence or intentional act of the landlord, this subsection is inapplicable
and either section 611.5-3(b) or (c) governs.
(5) The landlord is responsible for all required pest control to keep the premises in
a safe and healthy condition, provided that where an infestation has occurred due
to the acts or inaction of the tenant the pest control costs may be assessed against
the tenant.
(b) Duties of the Tenant.
6 O.C. 611 – Page 4
52 of 56
Draft 1
2024 09 18
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
(1) If the premises are damaged, including by an infestation of insects or other
pests, due to the acts or inaction of the tenant, the landlord may elect to allow the
tenant to remediate or repair the damage and restore the appearance of the
premises by redecorating. However, the landlord may elect to undertake the
remediation, repair, or redecoration, and in such case the tenant shall reimburse
the landlord for the reasonable cost thereof; the cost to the landlord is presumed
reasonable unless proven otherwise by the tenant.
(2) The tenant shall keep plumbing, electrical wiring, machinery and equipment
furnished with the premises in reasonable working order.
(3) Tenants shall comply with all laws and rules of the Nation.
(c) Untenability. If the premises become untenable because of damage by fire, water or
other casualty or because of any condition hazardous to health, or if there is a substantial
violation of section 611.5-3(a) materially affecting the health or safety of the tenant, the
tenant may move from the premises unless the landlord promptly repairs, rebuilds or
eliminates the health hazard or the substantial violation of 611.5-3(a) materially affecting
the health or safety of the tenant.
(1) The tenant may also move and terminate the rental agreement if the
inconvenience to the tenant by reason of the nature and period of repair,
rebuilding or elimination would impose undue hardship on the tenant.
(2) If the tenant remains in possession, the landlord shall decrease rent for each
month to the extent the tenant is deprived of the full normal use of the premises.
This subsection does not authorize rent to be withheld in full, if the tenant remains
in possession.
(3) If the tenant justifiably moves out under this subsection, the tenant is not
liable for rent after the premises become untenable and the landlord shall repay
any rent paid in advance apportioned to the period after the premises become
untenable. This subsection is inapplicable if the damage or condition is caused by
negligence or improper use by the tenant.
(4) If the Nation is the landlord, alternative housing shall be provided to the extent
that it is reasonably available.
(d) Check-in sheet. Landlords shall provide all new tenants with a check-in sheet when
the tenant commences their occupancy of the premises that the tenant may use to make
comments, if any, about the condition of the premises. The landlord shall provide the
tenant with seven (7) days from the date the tenant commences their occupancy to
complete the check-in sheet and return it to the landlord. The landlord is not required to
provide the check-in sheet to a tenant upon renewal of a rental agreement.
(e) Notice to Enter Required. The landlord shall provide twenty-four (24) hour written
notice prior to entering the tenant’s premises where notice is required to either be
personally served to the tenant or posted on the premises. A landlord is exempt from this
notice requirement in the case of an emergency welfare check. The basis of a welfare check
may include, but is not limited to the following:
(1) The landlord believes the tenant’s or a child’s wellbeing may be in jeopardy
based on reports of child abuse or neglect, medical concerns, suspicious activity or
other reported information;
(2) The landlord suspects the tenant has abandoned the premises; and/or
(3) The landlord receives notice that the premise’s utilities have been disconnected.
6 O.C. 611 – Page 5
53 of 56
Draft 1
2024 09 18
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
(f) Acts of tenant not to affect rights of landlord. No act of a tenant in acknowledging as
landlord a person other than the tenant's original landlord can prejudice the right of the
original landlord to possession of the premises.
(g) Annual Inspection Required. In the event the tenant renews the rental agreement for
additional terms, the landlord shall, at a minimum, inspect the premises once annually.
611.6.
Domestic Abuse Protections
611.6-1. If a tenant notices the landlord of domestic abuse with of any of the following
documentation, regardless of marital status, the landlord shall change the locks to the premises
and, if the tenant is unmarried, allow the tenant to modify the rental agreement to remove the
domestic abuser:
(a) An injunction order under Wis. Stat. 813.12(4) protecting the tenant from a co-tenant;
(b) An injunction order under Wis. Stat. 813.122 protecting a child of the household from
a co-tenant;
(c) An injunction order under Wis. Stat. 813.125(4) protecting the tenant or child of the
household from a co-tenant, based on the co-tenant’s engaging in an act that would
constitute sexual assault under Wis. Stat. 940.225, 948.02 or 948.025, or stalking under
Wis. Stat. 940.32, or attempting or threatening to do the same;
(d) A condition of release under Wis. Ch. 969 ordering the co-tenant not to contact the
tenant;
(e) A criminal complaint alleging that the co-tenant sexually assaulted the tenant or a child
of the household under Wis. Stat. 940.225, 948.02 or 948.025;
(f) A criminal complaint alleging that the co-tenant stalked the tenant or a child of the
household under Wis. Stat. 940.32; or
(g) A criminal complaint that was filed against the co-tenant as a result of the co-tenant
being arrested for committing a domestic abuse offense against the tenant under Wis. Stat.
968.075.
611.6-2. If a tenant is no longer eligible to maintain the rental agreement upon removing a cotenant domestic abuser from the rental agreement, the landlord shall permit the tenant to remain
on the premises for the longer of either the duration of the rental agreement or ninety (90) days
from the date the rental agreement is modified. If the latter applies, in addition to removing the
co-tenant that is the domestic abuser, the landlord shall also revise the rental agreement to extend
its duration.
611.6-3. The Eviction and Termination law provides tenants that are victims of domestic abuse
with a defense to eviction should the abusers actions be the cause for eviction.
611.7.
Sex Offender Registry
611.7-1. Should a tenant request information about whether any other tenants are required to
register as a sex offender, the landlord shall provide the tenant with written notice that they may
obtain information about the sex offender registry and persons registered within the registry by
contacting the department of corrections. The landlord shall include in such notice the appropriate
telephone number and internet site of the department of corrections.
611.8.
Termination of Tenancy at Death of Tenant
611.8-1. If a tenant dies, their tenancy is terminated as follows:
(a) If the deceased tenant was the only household member listed in the rental agreement,
immediately upon the death of the tenant;
6 O.C. 611 – Page 6
54 of 56
Draft 1
2024 09 18
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
(b) If there were additional adult household members aside from the deceased tenant listed
in the household within the rental agreement, then the later of the following, provided that
an adult household member remaining in the unit shall assume the tenancy responsibilities
under the rental agreement:
(1) Six (6) months after the landlord receives notice, is advised, or otherwise
becomes aware of the tenant’s death, provided that any extension beyond the
original term of the agreement requires an amendment or limited term rental
agreement which covers the term of the extension; or
(2) The expiration of the term of the rental agreement.
611.9-2. The deceased tenant or their estate is not liable for any rent after the termination of their
tenancy. A landlord may not contact or communicate with a member of the deceased tenant’s
family for the purpose of obtaining from the family member rent for which the family member has
no liability except that if adult household members remain in the rental unit following the deceased
tenant’s death in accordance with section 611.8-1 or 611.8-4, an adult household member shall
assume the tenancy responsibilities pursuant to the rental agreement.
611.8-3. Nothing in this section relieves another adult tenant of the deceased tenant’s premises
from any obligation under a rental agreement or any other liability to the landlord.
611.8-4. Where the Nation is the landlord, and if the deceased tenant is a Tribal member whose
death renders a co-tenant no longer eligible for a rental agreement based on Tribal member status,
the non-Tribal member tenant may remain in the premises as follows:
(a) If subject to a standard rental agreement (i.e. not on a rent-to-own basis), see section
611.8-1(b) above.
(b) If the rental agreement was on a rent-to-own basis, the remaining non-Tribal member
tenant may remain in the premises for a maximum of six (6) months from the date of the
Tribal member tenant’s death unless the non-Tribal member tenant has a child that is a
Tribal member. In the event the original tenants have a Tribal member child, the nonTribal member tenant may remain in the premises under the rent-to-own agreement so long
as the non-Tribal member tenant either:
(1) Transfers the premises and the rent-to-own agreement to a child of one (1) or
both of the original tenants who is a Tribal member, eighteen years or older, and
agrees to live in the premises; or
(2) Signs an agreement indicating that the premises and the rent-to-own agreement
shall be transferred to a minor Tribal member child when the child is eighteen (18)
years old.
(c) Should the non-Tribal member tenant satisfy the payment requirements of the rent-toown agreement prior to the Tribal member child’s eighteenth (18th) birthday, the rent-toown agreement shall be extended at no additional cost to the tenant and conveyance
postponed until the Tribal member child reaches eighteen (18) years of age and the rentto-own agreement is transferred to the child.
(d) In the event the non-Tribal member tenant either has no children living in the premises
that are Tribal members or declines to the enter the agreement transferring the rent-to-own
agreement to a Tribal member child, the rent-to-own agreement shall be terminated upon
the tenant’s ineligibility to remain in the rent-to-own program and a limited term rental
agreement shall be executed.
611.8-5. Where a landlord is terminating a rental agreement entered on a rent-to-own basis
based on death of a Tribal member tenant, the landlord shall pay the remaining co-tenant all
equity the tenants may have accrued in accordance with the rental agreement.
6 O.C. 611 – Page 7
55 of 56
Draft 1
2024 09 18
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
611.9.
Landlord or Tenant Actions
611.9-1. The Oneida Judiciary is granted jurisdiction to hear complaints filed regarding actions
taken pursuant to this law and/or a rental agreement.
611.9-2. No administrative hearing body, including a board, committee or commission, is
authorized to hear a complaint regarding actions taken pursuant to this law and/or a rental
agreement.
611.9-3. Where the Nation is the landlord, any complaint filed with the judiciary shall name the
Comprehensive Housing Division and the specific program.
611.10.
Comprehensive Housing Division Rental Programs
611.10-1. Available Rental Programs. Consistent with available funds, the Comprehensive
Housing Division shall provide residential rental programs for providing housing to the following
types of tenants. The Comprehensive Housing Division shall establish rules naming said programs
and providing the specific requirements and regulations that apply to each program:
(a) Elder members of the Nation;
(b) Low-income Oneida tribal members and families; and
(c) Tribal members in general.
611.10-2. Minimum Rental Eligibility Requirements. In order to be eligible for a rental agreement
with CHD, applicants shall meet the following conditions:
(a) Be eighteen (18) years of age at the time of the application;
(b) Have no felony or drug convictions within the past two (2) years from the date of
application, provided that a pardon or forgiveness received pursuant to the Pardon and
Forgiveness law may provide an exception to this condition;
(c) Meet the local governments’ laws’ requirements regarding residency restrictions for
convicted sex offenders;
(d) Meet the income requirements for entering the rental agreement as determined by the
rental program’s governing rules;
(e) Not hold a residential lease with the Nation; and
(f) Meet any other eligibility requirements set by the rental program’s rules, which may
not be less strict than this law, but may be stricter than this law, provided that rules
developed for low-income Tribal members and families:
(1) May not contain eligibility requirements that consider debt owed or evictions
from entities other than the Comprehensive Housing Division; but
(2) May contain eligibility requirements that consider debt owed to utility
providers, provided that eligibility may not be denied for any debt owed to a
utility provider with a past due balance of less than two hundred dollars ($200).
End.
Adopted – BC-10-12-16-C
Emergency Amended – BC-01-25-17-C
Emergency Extension – BC-07-26-17-I
Amended—BC-12-13-17-D
6 O.C. 611 – Page 8
56 of 56
September 2024
September 2024
October 2024
SuMo TuWe Th Fr Sa
SuMo TuWe Th Fr Sa
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
Sep 2
3
4
5
6
12
13
1:00pm Draft Probate law
(Microsoft Teams
Meeting;
LBD_ConferenceRoom)
- Grace L. Elliott
12:15pm PUBLIC
MEETING: Investigative
Leave Policy
Amendments
12:15pm PUBLIC
MEETING: Investigative
Leave Policy
Amendments
18
19
20
8:30am LOC Prep
Meeting (Microsoft
Teams Meeting;
9:00am Legislative
Operating Committee
Meeting (Microsoft
1:30pm LOC Work
Session
1:30pm Tax Discussion
(Microsoft Teams
Meeting;
BC_Exec_Conf_Room) Grace L. Elliott
25
26
27
10:00am LOC Work
Session (Microsoft
Teams Meeting;
BC_Exec_Conf_Room) 1:00pm Two-spirit
Inclusion law - focus
group (Microsoft
Teams Meeting;
1:00pm Furlough Law
(and Layoff Policy) work meeting
(Microsoft Teams
Meeting;
BC_Conf_Room) Carolyn A. Salutz
3
4
8:30am LOC Prep
Meeting (Microsoft
9:00am Legislative
Operating Committee
1:30pm LOC Work
Session (Microsoft
5:30pm LOC Community
Meeting: Limited
9
10
2:00pm Recycling and
Solid Waste - work
meeting, LOC only
(Microsoft Teams
Meeting;
BC_Exec_Conf_Room) Carolyn A. Salutz
2:00pm Higher Education
Mapping Session
(BC_Exec_Conf_Room)
- Grace L. Elliott
16
17
23
30
LOC
24
Oct 1
11
2
1
9/13/2024 10:57 AM
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.