Oneida Business Committee (2019)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room-2nd Floor Norbert Hill Center

December 4, 2019

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

November 20, 2019 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Vehicle Driver Certification and Fleet Management Amendments (pg. 4)

2. Oneida Food Service Code Amendments (pg. 44)

3. Sanctions and Penalties Law *HANDOUT (pg. 74)

IV.

New Submissions

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

GDDDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

November 20, 2019

9:00 a.m.

Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Ernest Stevens III

Excused: Jennifer Webster

Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Kristen Hooker, Bonnie

Pigman, Rae Skenandore, Lee Cornelius

Call to Order and Approval of the Agenda

David P. Jordan called the November 20, 2019, Legislative Operating Committee meeting

to order at 9:00 a.m.

Motion by Ernest Stevens III to adopt the agenda; seconded by Kirby Metoxen. Motion

carried unanimously.

II.

Minutes to be Approved

Motion by Kirby Metoxen to approve the November 06, 2019, Legislative Operating

Committee meeting minutes and forward to the Business Committee for consideration;

seconded by Ernest Stevens III. Motion carried unanimously.

III.

Current Business

1. Child Support Amendments (1:04-12:29)

Motion by Kirby Metoxen to accept the updated public comments review

memorandum, draft, and legislative analysis; seconded by Daniel Guzman King.

Motion carried unanimously.

Motion by Ernest Stevens III to approve the Child Support law amendments fiscal

impact statement request memorandum and forward to the Finance Department

requesting that a fiscal impact statement be prepared and submitted to the Legislative

Operating Committee by December 06, 2019; seconded by Daniel Guzman King.

Motion carried unanimously.

2. Indian Preference in Contracting Amendments (12:30-15:48)

Motion by Ernest Stevens III to approve the public meeting packet and forward the

Indian Preference in Contracting law amendments to a public meeting on December

19, 2019; seconded by Kirby Metoxen. Motion carried unanimously.

3. E-Poll Results: Sanction and Penalties Law (15:49-35:36)

Motion by Kirby Metoxen to enter the November 15, 2019, Sanction and Penalties Law

material for the January 20, 2020, GTC Meeting E-Poll results into record; seconded

by Daniel Guzman King. Motion carried unanimously.

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A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of November 20, 2019

Page 1 of 2

ONEIDA

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IV.

New Submissions

Additions

VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn

Motion by Ernest Stevens III to adjourn the November 20, 2019, Legislative Operating

Committee meeting at 9:35 a.m.; seconded by Kirby Metoxen. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of November 20, 2019

Page 2 of 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155‐0365

Oneida‐nsn.gov

Legislative Operating Committee

December 4, 2019

Vehicle Driver Certification and Fleet

Management Law Amendments

Submission Date:2/7/18

LOC Sponsor: Jennifer Webster

Public Meeting: n/a

Emergency Enacted: n/a

Summary: The Human Resources Department and the Law Office have recommended changes to this

law since its recent adoption and implementation.

2/7/18 LOC:

Motion by Ernest Stevens III to add the Vehicle Driver and Fleet Management amendments to

active files list as a medium priority and assign Jennifer Webster as the sponsor. Seconded by

Kirby Metoxen. Motion carried unanimously.

7/15/19:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Matthew J. Denny, Nic

Reynolds, Barbara Kolitsch, Robert Keck, Destiny Prendiville. The purpose of this work

meeting was to begin discussing potential amendments to the law. The work group reviewed

the law line by line and discussed revisions that should be presented to the LOC for

consideration.

7/29/19:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Matthew J. Denny, Nic

Reynolds, Robert Keck, Wendy Alvarez, Gunladunt Webster. The purpose of this work

meeting was to continue discussing potential amendments to the law. The work group

continued reviewing the law line by line and discussing revisions that should be presented to

the LOC for consideration.

8/13/19:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Barbara Kolitsch, Nic

Reynolds, Robert Keck, Wendy Alvarez, Gunladunt Webster. The purpose of this work

meeting was to continue discussing potential amendments to the Vehicle Driver Certification

and Fleet Management law, as well as review research that was conducted on questions that

arose during prior work meetings.

9/4/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens

III, Daniel Guzman King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Jameson

Wilson. The purpose of this work meeting was to discuss a plan to move this item forward, as

well as begin discussion policy considerations that will affect potential amendments to this

law.

10/2/19:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Nic Reynolds, Robert Keck,

Wendy Alvarez, Gunladunt Webster, Rick Fuss. After the previous three work meetings with

HRD and Risk Management the LRO took many of their suggestions and recommendations

and brought that information to the LOC. The LOC began making policy considerations. The

purpose of this work meeting was to review the first draft of the proposed amendments to the

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Law and obtain input from the effected entities so that information can be brought back to the

LOC.

10/16/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work

meeting was to review an updated draft of the proposed amendments and begin making policy

considerations.

10/24/19:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Ernest Stevens III, Jennifer Falck,

Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to review an

updated draft of the proposed amendments, and make decisions as to how to move this item

forward. LRO will schedule a work meeting between LOC, HRD, Risk Management, and

Fleet Management.

11/5/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Ernest Stevens III, Jenifer Falck, Clorissa N. Santiago, Brandon Wisneski, Robert Keck,

Wendy Alvarez, Gunladunt Webster, Matthew J. Denny, Leyne Orosco. The purpose of this

work meeting was to review the proposed draft and discuss any potential revisions that need

to be made before it is placed on the LOC agenda on December 4, 2019.

Next Steps:

 Approve the draft and legislative analysis of the amendments to the Vehicle Driver Certification

and Fleet Management law and forward to a work meeting for further consideration.

Page 2 of 2

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Title 2. Employment - Chapter 210

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VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT

210.1. Purpose and Policy

210.2. Adoption, Amendment, Repeal

210.3. Definitions

210.4. Driver Certification

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 resolution 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.

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

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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.

(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

(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.

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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.

210.5. 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;

(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:

(a) Complete the driver safety training provided for and monitored by the Human

Resources Department every three (3) years; and

(b) Maintain compliance with any specialized driver safety training requirements imposed

by state or federal regulatory agencies.

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;

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

(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

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(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

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;

(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

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

(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.

2 O.C. 210 – Page 4

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(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.

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.

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

Department.

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

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:

2 O.C. 210 – Page 5

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(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

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 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.

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) The suspension of an individual’s driver certification based on a violation involving

drugs and/or alcohol shall be accompanied by a referral from the supervisor to the Nation’s

Employee Assistance Program for an assessment of the individual.

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;

(d) Place the individual on unpaid leave until the individual obtains his or her driver

certification; or

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(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;

(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.

End.

Adopted BC-06-28-17-C.

Amended BC-__-__-__-__.

2 O.C. 210 – Page 7

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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.

210.2.

210.3.

210.4.

210.5.

210.6.

210.7.

210.8.

210.9.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Tribal Department Responsibilities

Driver Responsibilities

Tribal Vehicle Usage

Rental Vehicles

Driver Certification

Motor Vehicle Crashes, Damage Involving Tribal

Vehicles

210.10.

Suspension and Revocation of Certification;

Disciplinary Action

210.11. Reinstatement of Certification

210.1. Purpose and Policy

210.2. Adoption, Amendment, Repeal

210.3. Definitions

210.4. Driver Certification

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 purposespurpose of this law areis to:

(a) establish standards that certify employees, elected and appointed officials, and

volunteers to drive a Tribalfleet vehicle or drive a personal vehicle on Tribalofficial

business, and

(b) regulate the use of all vehicles owned and leased by the Nation.

210.1-2. Policy. It is the policy of the Nation to:

(a) ensure the safety of the community and employees of the Oneida Nation;

(b) minimize the Nation’s liability when physical damage to vehicles and/or property

damage occurs as a result of a motor vehicle crash; and

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 resolution 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. Provided that, this law repeals the following:

(a) BC-09-09-98-A (Amended Vehicle Driver Certification Policy)

(b) BC-09-24-97-E (Oneida Vehicle Fleet Management Policy)

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)(a) “Area manager” means an employee’s supervisor’s supervisor; or, an individual

designated to be the area manager by a General Manager position.

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(b) “Business day” means Monday through Friday, from 8:00 a.m. to 4:30 p.m.; excluding

the Nation’s holidays.

(b) “Business miles” means miles driven in a vehicle by an individual in order to conduct

Tribal business.

this law and is authorized to operate a Tribal vehicle and/or a personal vehicle on Tribal

business.

(d) “Driver” means any employee, official and/or volunteer who is certified to operate a

Tribal vehicle, or to drive a personal vehicle on Tribal business.

(e) “Driver’s abstract” means a driver’s official driving record, which includes, but is not

limited to, any restrictions or limitations that may be imposed on the driver’s driving

privileges.

(f) “Employee” means an individual who is employed by the Nation and is subject to the

direction and control, but does not include elected or appointed officials, or employees of

a chartered corporation of the Nation with respect to the material details of the work

performed, or who has the status of an employee under the usual common law rules

applicable to determining the employer-employee relationship. “Employee” includes, but

is not limited to, an individual employed by any program or enterprise of the Nation, and

political appointees.

(g)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

not include parking violations, equipment violations, or paperwork violations relating to

insurance, registration or inspection.

(h) “Nation” means the Oneida Nation.

(i) “Non-business miles” means miles driven in a Tribal vehicle that are not businessrelated, including commuting.

(j) “Official” means anyone who is serving on the Oneida Business Committee or the

Oneida Judiciary, and any other person who is elected or appointed to a board, committee

or commission created by the Oneida Business Committee or Oneida General Tribal

Council.

(k)(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. Provided that, forFor

volunteers, elected or appointed officials and, 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.

(l) “Tribal” or “Tribe” means the Oneida Nation.

(m) “Tribal(k) “Weapon” means a firearm, knife, electric weapon, club, or any other object

intended to cause harm to oneself or others.

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210.4. Driver Certification

210.4-1. An individual shall obtain driver certification from the Human Resources Department

before operating a fleet vehicle” means a or personal vehicle owned or leasedon 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.

(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;

(n) “Volunteer” means a person who provides a service to the Nation without receiving

pay.

(o) “Workday” means a regularly scheduled workday or service day for a driver, regardless

of whether the day falls on a weekday or weekend.

(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

(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

210.4. Tribal Department Responsibilities

210.4-1. Department of Public Works. The 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 of Public Works.

(b) The Human Resources Department shall have the authority to check the driving record

of an individual at any time.

and provide the list to Fleet Management, Risk Management, and Automotive

DepartmentsCentral 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.

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210.assist5. 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;

(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 the implementationdriver certification

shall:

(a) Complete the driver safety training provided for and monitored by the Human

Resources Department every three (3) years; and

(b) Maintain compliance with any specialized driver safety training requirements imposed

by state or federal regulatory agencies.

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;

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

(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:

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(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

or her motor skills, reaction time, or concentration.

210.64‐2. Fleet Vehicles

210.6-1. Fleet Management. Department. The Nation’s Fleet Management Department shall:

(a) Purchase purchase, manage, and monitor the use of Tribal vehicles, 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 the removal of

vehicles permanently assigned to specific entities of the Nation;

(b) Remove unsafe vehicles from the fleet;

(b)c) Obtain estimates of and schedule Tribalfleet vehicle repairs when necessary;

(d) Participate in situations requiring approval of driver certifications;

(e) (d) Install or remove global positioning system monitors on Tribalequipment on fleet

vehicles;

(e) Ensure the Nation’s logo is on all fleet vehicles; and

(f) Ensure that all Tribalfleet vehicles are equipped with a mileage log and an auto incident

kit which contains forms and instructions for reporting any incident; and.

(g) Maintain a list of all fleet vehicles that are available for use by drivers; including

vehicles permanently assigned to specific departments.

210.4-3.6-2. Automotive Department. The Automotive Department shall service and maintain

Tribalfleet 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.

210.4-46-3. Risk Management. Department. The Risk Management shall:

(a) SecureDepartment shall be responsible for securing and maintainmaintaining insurance

coverage for all Tribalfleet vehicles, or may designate another party to do so;. Additional

responsibilities of the Risk Management Department shall include, but is not limited to:

(b) Provide(a) Providing auto insurance identification cards in every Tribalfleet vehicle;

(d) Submit(c) Submitting claims to the insurance company;.

(e) Participate in motor vehicle crash investigations; and

(f) Participate in situations requiring approval of certifications.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

(4) Jump starting vehicles, other than fleet vehicles.

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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.

any individual who drives the vehicle has his or her driver certification.

210.6-6. Temporary Use

210.4-5. Human Resources Department. The Human Resources Department shall:

(a) Maintain a current list of drivers and provide the list to Fleet Management and the

Central Accounting Department on a regular basis;

(b) Perform driving record checks and approve or deny certification based on the review

of an individual’s driving record; and notify the appropriate parties immediately of

ineligibility in writing;

(1) the certification status of his or her employees or volunteers; and

(2) of any cancelation or lapse in a personal vehicle driver’s insurance coverage.

(d) Assist supervisors with the administration of suspensions and/or revocations of

certification;

(e) Request and maintain records of proof of insurance on personal vehicles driven on

Tribal business;

(f) Participate in motor vehicle crash investigations;

(g) Maintain documentation of all required driver training and regulatory compliance;

(h) Perform, or delegate to another person to perform, the supervisory responsibilities

identified in this law, for drivers who do not have a supervisor.

210.4-6. Environmental Health & Safety Division. The Environmental Health & Safety Division

shall provide driver safety training as included herein, and provide the Human Resources

Department with the names of drivers who have completed training after each training session.

210.4-7. Supervisors. For drivers who do not have a supervisor, the Human Resources Department

shall either assume the supervisor’s responsibilities, or shall delegate those responsibilities to

another person/Fleet Vehicle. An individual in an entity. Supervisors of drivers shall:

(a) Ensure those drivers who report to them are certified before allowing those employees

to drive a Tribal vehicle or a personal vehicle on Tribal business.

(b) Ensure drivers have the appropriate license, training certification(s), and insurance

information on file with the Human Resources Department.

(d) Ensure that all Tribal vehicle mileage is recorded and submitted to Fleet Management

in accordance with requirements established by Fleet Management.

(e) Approve expense reports submitted for personal vehicle mileage reimbursement.

(f) Promptly take appropriate action to investigate:

(1) all infractions of this law of which they become aware, including but not limited

to, allegations of alcohol or drug use while using a Tribal vehicle or personalnot

permanently assigned a fleet vehicle for Tribal business.

(2) allegations of a history of unsafe driving, regardless of whether or not the

employee has ever been charged with an offense.

(g) Ensure that all employees who directly report to them abide by this law.

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(h) Implement disciplinary action against employee drivers who violate this law, in

accordance with the Nation’s laws governing employment.

(i) When necessary, refer drivers to:

(1) the Environmental Health & Safety Division or an appropriate agency or

training source for additional driver training; and/or

(2) the Employee Assistance Program, in accordance with applicable policies and

procedures of the Nation.

210.5. Driver Responsibilities

210.5-1. While operating a Tribal vehicle or a personal vehicle on Tribal business, drivers shall:

(a) Abide by all provisions of this law.

(b) Follow all traffic laws, respect property, be courteous and use good judgment.

(d) Not drive while:

(1) under the influence of controlled substances, intoxicating beverages,

prescription drugs or other medications that caution against operating a motor

vehicle when taken, or

(2) impaired by a medical or physical condition or other factor that affects a driver’s

motor skills, reaction time or concentration.

(e) Not transport controlled substances, intoxicating beverages, or any passenger that is in

possession of controlled substance or intoxicating beverages; without prior written

approval from his or her supervisor to do so.

(1) Exemptions. Employees of the Nation who are transporting such substances,

beverages or passengers in the course of performing their job duties are exempt

from this requirement.

(f) Not transport unauthorized passengers.

(g) Not use devices such as cell phones, whether for talking or texting; notebook or laptop

computers; books or book applications; newspapers or magazines; and two-way radios

unless the vehicle is safely stopped.

(1) Exemptions. The following are exempt from this requirement:

(A) Authorized emergency vehicle communication equipment

(B) Navigation devices

Nation.

210.6. Tribal Vehicle Usage

210.6-1. Drivers who do not have access to a permanently assigned Tribal vehicle and who are

unable to use a vehicle assigned to another department, may request to use a Tribalfleet vehicle to

conduct Tribalfor the purpose of conducting official business by submitting a request to the Fleet

Management. Whenever possible, such requests shall be made at least one (1) week in advance.

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

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(3) Any passengers are authorized to travel in a fleet vehicle.

destination.

(d) The Fleet Management Department may cancel reservations that are not fulfilled in a

timely manner and may combine vehicle use for travel to the same destination.

(b) Before determining whether a Tribal vehicle is available or approving the use of a

Tribal vehicle, Fleet Management shall confirm that:

(1) the driver is certified.

(2) the driver has written consent to use a Tribal vehicle; provided by the driver’s

supervisor, if the driver is an employee; or by the driver’s entity, if the driver is an

official or volunteer.

(3) any passengers are authorized to travel in a Tribal vehicle, in accordance with

210.6-3.

department shall be responsible for confirming that the requirements of (b) are met.

210.6-2.7. Authorized Passengers. In order to have a Tribal vehicle permanently assigned to an

entity, the entity shall drive a minimum number of miles annually, as determined by Fleet

Management. Exceptions to the mileage criteria may be granted upon request by an entity and

with written approval from Fleet Management.

(a) Entities who have a permanently-assigned vehicle shall regularly schedule service

work, maintenance work and safety checks with the Automotive Department.

210.6-3. The following individuals may travel in a Tribal vehicle:

(a) Employees,addition to the employees, elected or appointed officials, or volunteers who are on

Tribal business,authorized to use a fleet vehicle, the following individuals shall be authorized to

be a passenger in a fleet vehicle:

(b)a) Individuals being transported as part of a program or service of the Nation, ;

(c)b) Individuals being transported during the normal and ordinary course of representing

and/or conducting business on behalf of the Nation; and/or

(d) Individuals(c) Any other individual who areis authorized, by Oneida Business

Committee motion, to travel in a Tribal vehicle. The Oneida Business Committee may

request input from be a passenger by the Fleet Management before making a determination

on these requestsDepartment.

210.6-4. When a driver uses a Tribal vehicle, he or she shall:

(a) Complete a vehicle mileage log. Vehicle mileage logs shall be provided in each Tribal

vehicle.

(b) Notify Fleet Management immediately of any problem(s) with a Tribal vehicle that may

be a safety or mechanical hazard, or of any incidents that result in the inability of a Tribal

vehicle to complete a trip.

expense related to vehicle use.

(d) Use Oneida One Stops for fueling Tribal vehicles, unless the Tribal vehicle needs fuel

before it can be taken to an Oneida One Stop.

(e) Not smoke, and not permit others to smoke, in the Tribal vehicle.

(f) Ensure the interior of the vehicle is kept in good condition, clean and free of debris.

210.6-5. Tribal vehicles shall be used for business miles. When away from the work site, a Tribal

vehicle may also be used for incidental purposes, such as travel to and from lodging and meal sites.

Tribal vehicles shall not be used for any of the following:

(a) Personal use or non-business miles, except as authorized under the Business Committee

Vehicle Policy.

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(b) Vacation.

(d) Hauling loads that could structurally damage the vehicle.

(e) Delivering goods or services for personal gain, or operating private pools where the

riders pay the driver.

(f) Transporting hitchhikers.

(g) Jump starting vehicles, other than Tribal vehicles.

210.6-6. Tribal logos shall be placed on all Tribal vehicles.

210.6-7. Additional Equipment,210.6-8. Modifications.

(a) to Fleet Vehicles. Modifications to Tribalfleet vehicles for personal reasons are not permitted.

Modifications to Tribalfleet vehicles for operating purposes may be allowed only with the approval

of the Fleet Management. Department.

(1) Provided that, this shall not be construed to prohibit drivers from making

temporary, non-permanent modifications, such as adjusting the positions of vehicle

seats or mirrors.

(b) Fleet Management may equip Tribal vehicles with Global Positioning Systems (GPS)

to monitor vehicle usage.

(c)(a) Radar detection devices shall not be installed or used in Tribalfleet vehicles.

210.7. Rental Vehicles

210.7-1. Rental vehicles are considered Tribal vehicles for the purpose of this law. All provisions

of this law apply to rental vehicle usage. Vehicles210.6-9. 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 Oneida Travel and Expense PolicyNation’s

laws and drivers of rental vehicles shall be certified in accordance with this law.

210.7-2.policies governing travel. Every vehicle rentalrented shall include the purchase of

the maximum collision damage waiver offered by the rental companiescompany.

210.8. Driver Certification

7210.8-1. Certification. All persons shall be certified before operating a Tribal vehicle or personal

vehicle on Tribal business. In order to be certified, an individual shall:

(a) Be eighteen (18) years of age or older.

(b) Satisfy any additional experience requirements established by law or by rules

promulgated by the Human Resources Department, that apply for the vehicle being

assigned or used.

license, including any commercial endorsement(s), to the Human Resources Department

within thirty (30) days after his or her start of employment or time of election, appointment

or volunteer service.

(1) Drivers with commercial driver’s licenses may be restricted to only operating

Tribal vehicles within the state of Wisconsin.

(2) An occupational license is a valid, non-probationary driver’s license if the

driver’s abstract which accompanies the occupational license allows the driver to

operate vehicles for his or her job with the Nation.

(3) Individuals with a driver’s license from a state other than Wisconsin shall obtain

a Wisconsin driver’s license within thirty (30) days after their first day of actual

employment or service and provide a copy to the Human Resources Department.

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(d) Pass a driving record check by the Human Resources Department to verify the driver

has a valid, non-probationary driver’s license as identified in (c); and to verify the driver

has no citation or conviction related to a traffic incident, and no driving citation or

conviction involving drugs or alcohol, within the time period(s) that would make the driver

ineligible for certification under this law.

(1) The individual shall have his or her driving record checked by the Human

Resources Department prior to his or her hire date or start date.

(A) State Department of Motor Vehicle reports shall be used to determine

whether an individual passes the driving record check.

(B) An individual with a driver’s license from a state other than Wisconsin

shall have his or her driving record checked based on that state’s license.

(2) The Nation reserves the right to check driving records of a driver at any time.

All drivers shall authorize the Human Resources Department to check his or her

driving record.

(3) The Nation reserves the right to allow insurance carriers or agents to check

driving records at any time. This review shall be deemed to be a review by the

Nation.

(e) Complete all driver training requirements imposed by the Nation, an individual entity,

or by any federal or state agency regulations.

(1) Except as provided in (e)(2), drivers who are certified to operate a Tribal vehicle

shall complete driver safety training every three (3) years.

(A) The training program shall be administered, scheduled, and documented

by the Environmental Health & Safety Division.

(B) A break in employment or service of one hundred eighty (180) days or

greater requires retraining.

(2) Tribal vehicle drivers who are subject to specialized driver safety training requirements

imposed by state or federal regulatory agencies are exempt from the driver safety training

required in (e)(1), provided that, such drivers shall complete all required driver safety training

according to the applicable regulations before operating a Tribal vehicle to which the regulations

apply.

210.8-2. Additional Requirements for Personal Vehicle Drivers. In addition to the requirements

listed in 210.8-1, the following also apply for drivers of personal vehicles on Tribal business.

(a) Insurance. Each driver shall provide the Human Resources Department with written

proof that he or she carries at least the minimum insurance coverage required by this law.

Drivers shall maintain updated proof of vehicle insurance and provide copies to the Human

Resources Department. The Human Resources Department may request written proof of

insurance from drivers at any time.

(1) The minimum insurance requirements on a personal vehicle are:

(A) one hundred thousand dollars ($100,000) per person;

(B) three hundred thousand dollars ($300,000) per accident for bodily

injury; and

(2). A driver shall immediately notify the Human Resources Department of any

cancelation or lapse in his or her insurance coverage. No driver may drive a

personal vehicle on Tribal business during the time he or she does not have the

required minimum personal auto insurance coverage.

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(3) If a personal vehicle driver’s required insurance lapses, the Human Resources

Department shall immediately remove the driver from the list of certified drivers,

and notify the driver’s supervisor once this action has been taken.

(b) Mileage Reimbursement.

(1) A driver who operates a personal vehicle on Tribal business shall be reimbursed

for any business miles driven if he or she:

(A) was certified at the time and had written proof of required insurance on

file with the Human Resources Department.

(B) had prior consent from his or her supervisor to travel those miles on

Tribal business.

(2) While driving on Tribal business, drivers of personal vehicles shall not use their

vehicle for personal gain of any kind.

(3) All provisions of this law apply to drivers of personal vehicles on Tribal

business regardless of whether or not vehicle mileage reimbursement is submitted.

210.8-3. Additional Requirements

(a) Individual entities may require stricter certification procedures and standards that do

not conflict with these standards; including but not limited to, specialized requirements

regarding age, experience, training, and licensing. Such procedures and standards shall be

submitted to Fleet Management, Risk Management and the Human Resources Department

for review and approval.

(b) Drivers are subject to all specialized requirements imposed by state or federal

regulatory agencies; including but not limited to, regulatory requirements pertaining to the

use of drugs and alcohol.

210.8-4. Drivers shall immediately notify their supervisor; and the supervisor shall immediately

notify the Human Resources Department in writing, of any of the following:

(a) An arrest, charge or conviction for any:

(1) motor vehicle operation violation involving drugs or alcohol; or

(2) criminal offense related to a traffic incident.

(b) Any restriction, suspension, revocation, cancellation or, if applicable, reinstatement of

driving privileges related to his or her driver’s license.

210.8-5. Drivers shall immediately notify their supervisor of any impairment by a medical or

physical condition or other factor that affects his or her motor skills, reaction time or concentration.

Supervisors shall notify the Human Resources Department, in writing, of such information when

appropriate.

210.9. Motor Vehicle Crashes; or Damage Involving Tribal to Vehicles

210.97-1. This section shall apply in the event a driver is involved in a motor vehicle crash while

driving a Tribal vehicle or a personal vehicle on Tribal business; and/or in the event that a Tribal

vehicle is damaged during use. Provided that, if the Travel and Expense Policy has more restrictive

requirements regarding accident reporting, the provisions of that policy shall apply.

210.9-2. In the event of a motor vehicle crash or damage involving the vehicle, driversfleet vehicle

or personal vehicle driven on official business, an individual shall be subject to the following

reporting requirements; provided that, if a driveran individual sustains injuries that make it

impossible to meet the 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;

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(2) an injury to the driver or another person that requires medical intervention by

law enforcement or emergency personnel, or treatment at a medical facility;

orattention;

(2) death of a person; or

(3) damage to property that does not belong to the driver or the Nation; or

(4) a Tribal vehicle being disabled and/or needing to be towed.

(b) immediately report the motor vehicle crash or damage to his or her supervisor. ; and

completed auto incident report by the end of the next business day immediately following

the motor vehicle crash or damage.

(d) comply with any applicable alcohol and drug testing requirements established in other

laws of the Nation.

210.9-3. Drivers shall follow any additional, applicable motor vehicle crash reporting requirements

for vehicles regulated by a state or federal agency.

210.9-4.7-2. Internal Review. Whenever necessary,The Fleet Management Department and Risk

Management Department shall coordinate and conduct an internal reviewsreview of the auto

incident report for a motor vehicle crash and/or damage to a vehicle crashes involving Tribal

vehicles. Internal reviews may include other personnel as deemed appropriate by .

(a) Fleet Management and Risk Management.

(a) Fleet Management and Risk Management shall have investigative authority to:

(1) determine fault, if not determined by law enforcement; and/or

(2) may recommend whether a driver’s certification an individual should be

suspendedsubject to disciplinary action based on the motor vehicle crash or incident

resulting in damage to a vehicle.

(b) Internal reviews The internal review shall be completed as soon as practicablepossible

after a motor vehicle crash has been reported; and shall be conducted in accordance with

industry standards of practice.

investigationa report. Copies of the investigation report shall be:

(1) provided to the driver, the driver’s supervisor, and the driver’s supervisorarea

manager; and

(2) retained by provided to the Human Resources Department if the Fleet

Management Department and Risk Management Department recommend

disciplinary action.

210.8for a minimum. Suspension of Driver Certification and Other Enforcement

210.8-1. three (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) The suspension of an individual’s driver certification based on a violation involving

drugs and/or alcohol shall be accompanied by a referral from the supervisor to the Nation’s

Employee Assistance Program for an assessment of the individual.

210.8-3) years.. 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.

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210.9-5. If, while driving a Tribal vehicle, a driver is determined to be, or admitted210.8-4.

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;

(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;

(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, the driver may have

his or her certification suspended.; and

210.10. Suspension and Revocation of Certification; Disciplinary Action

210.10-1. Any driver who violates this law may be subject to suspension of his or her vehicle

driver certification, and/or driving privileges.

(a) Driving Privilege Suspensions.

(1) In certain situations, a supervisor may temporarily suspend a driver’s driving

privileges without suspending the driver’s certification. When a driver’s driving

privileges are suspended, the driver shall not be permitted to drive a Tribal vehicle

or to drive a personal vehicle on Tribal business.

(A) A supervisor shall temporarily suspend a driver’s driving privileges:

(1) When the driver is unable to provide proof that the driver carries

any insurance required by this law, or

(2) When the driver has not satisfied any driver training

requirements as required by this law; but has made arrangements to

complete the required driver training within a reasonable period of

time.

(3) Upon request from the Human Resources Department, in

conjunction with the Risk Management Department, pending an

investigation that appears likely to lead to a suspension of

certification.

2 O.C. 210 – Page 13

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(4) In any other situation where the supervisor is unable to determine

whether the driver has valid certification and is eligible to drive a

Tribal vehicle or a personal vehicle on Tribal business.

(B) When a supervisor suspends a driver’s driving privileges; the supervisor

shall promptly notify both the driver and the Human Resources Department,

in writing, of the suspension, including the effective date; as well as the

conditions that the employee is required to meet before the suspension may

be lifted. The supervisor shall also notify both the driver and the Human

Resource Department, in writing, once the driver’s driving privileges are

reinstated.

driver satisfactorily fulfills the conditions identified by the supervisor when

the driving privileges are suspended.

(b) Certification Suspensions. A driver shall have his or her certification suspended for any

of the following:

(1) Refusing to allow the Nation or an insurance carrier check his or her driving

record.

(2) Failing to immediately notify his or her supervisor of any information as

required in 210.8-4 or elsewhere in this law.

(3) Noncompliance with motor vehicle crash reporting requirements established by

this law.

(4) Failing to complete any applicable driver training requirements.

(5) Being arrested, charged or convicted of a motor vehicle operation violation

involving drugs, alcohol or criminal offense related to a traffic incident.

(6) Having his or her driver’s license restricted, suspended, revoked or cancelled

by the state.

(7) Knowingly driving a Tribal vehicle without being certified under the provisions

of this law.

(8) For a personal vehicle certification, not(e) Not maintaining the minimum insurance

requirements for a personal vehicle.

the laws of the Nation governing employment.

(d) Regardless of whether a violation results in suspension of certification,

(1) employees who violate this law may also be subject to disciplinary action, in

accordance with laws of the Nation governing employment;

(2) officials who violate this law may also be subject to sanctions and penalties in

accordance with applicable laws of the Nation; including but not limited to, removal

from office for elected officials and termination of appointment for appointed

officials.

210.10-2. Except as provided in 210.11-2(d) and 210.10-7(b), suspension of a vehicle driver

certification or of driving privileges, is not appealable.

210.10-3. Suspensions Affecting Employment Status. Suspension of certification is a suspension

of driving privileges and is not leave from work. Individuals who have their driving privileges

suspended in accordance with 210.10-1(a), or who have their certification suspended and their

ability to perform their duties as an employee affected by that suspension may request, in writing,

that their supervisor and a Human Resources Department representative determine what, if any,

options may be available to them. Options may include, but are not limited to: non-driving

accommodation within the home department; reassignment to a position which does not require

driving; a leave of absence without pay; or termination of employment.

2 O.C. 210 – Page 14

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210.10-4. The minimum length of a suspension shall be based on the number of prior suspensions

that have occurred within the past three (3) years from the date of the incident that resulted in the

most recent suspension:

(a) The first time a driver has his or her vehicle driver certification suspended, the

suspension shall last no less than five (5) full-time workdays.

(b) The second time a driver has his or her vehicle driver certification suspended, the

suspension shall last no less than ten (10) full-time workdays.

suspension shall last no less than fifteen (15) full-time workdays.

(d) Drivers who incur more than three (3) vehicle driver certification suspensions under

this law within a three (3) year period shall lose their vehicle driver certification for three

(3) years, beginning with the date of the incident that resulted in the most recent suspension.

210.10-5. Due to the seriousness of a citation for the operation of motor vehicles involving drugs

or alcohol, vehicle driver certification shall be suspended upon the issuance of a driving citation

involving drugs or alcohol. Certification may only be reinstated upon the dismissal of the citation

or upon three (3) years passing from the date of citation.

210.10-6. A break in employment or service of one hundred eighty (180) days or greater shall clear

the driver’s record of any vehicle driver certification suspensions, except for three (3)-year

suspensions resulting from a violation that involved drugs or alcohol. However, all prior

suspensions may be used in re-employment consideration.

210.10-7. Notwithstanding any other provision of this law, the Nation reserves the right to suspend

an individual’s certification or extend a certification suspension. Certification may be suspended;

or an existing suspension may be extended, based on the best interests of the Nation and in

accordance with the following:

(a) For officials and volunteers: upon unanimous agreement between the Human Resources

Department, Fleet Management and Risk Management.

(b) For employees: A supervisor may suspend an employee’s certification or extend an

existing suspension, when the supervisor determines it is appropriate to do so. The

employee may appeal this adverse employment action in accordance with the employment

laws of the Nation.

210.11. Reinstatement of Certification

210.11-1. Vehicle driver certifications that are suspended for thirty (30) days or less shall be

automatically reinstated upon expiration of the suspension.

210.11-2. A driver whose certification is suspended for thirty-one (31) days or more, may have his

or her certification reinstated in accordance with the following:

(a) The driver may request reinstatement of his or her certification after:

(1) A certification suspension has concluded or any citation(s) are dismissed or the

individual is cleared of any charges alleged in a citation that resulted in a driving

certification suspension; and

(2) Three (3) years have passed since the individual was convicted of a motor

vehicle operation citation involving drugs or alcohol; and

(3) The state removes a driver’s license suspension; and

(4) Written proof has been submitted to the Human Resources Department that the

individual has any required insurance coverage.

(b) Upon receiving a request to reinstate an individual’s certification, the Human Resources

Department shall:

(1) check the individual’s driving record to ensure the individual has no violations

on his or her driving record preventing reinstatement; and

2 O.C. 210 – Page 15

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(2) verify the written proof of insurance submitted by the individual, provided it

meets the requirements of this law.

verified, the individual’s certification shall be reinstated upon approval of the Human

Resources Department.

(1) Exception. For an individual’s fourth (4th) suspension or a suspension due to a

conviction of motor vehicle operation citation involving drugs or alcohol the

individual’s certification may only be reinstated if the following requirements are

met:

(A) For officials and volunteers: certification may only be reinstated upon

unanimous approval of the Human Resources Department, Fleet

Management and Risk Management.

(B) For employees: The supervisor shall notify the Human Resources

Department, Area Manager, and Risk Management of the request; and may

reinstate the employee’s certification if none of those entities object.

(d) Any official, volunteer or employee may seek review of a decision not to reinstate

certification, by filing an appeal with the Judiciary.

End.

Adopted BC-06-28-17-C.

Amended BC-__-__-__-__.

2 O.C. 210 – Page 16

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AMENDMENTS TO

VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

Legislative

Reference Office

Intent of the

Amendments

Purpose

Affected Entities

Legislation

Public Meeting

Fiscal Impact

SPONSOR:

Jennifer Webster

DRAFTER:

Clorissa N. Santiago

ANALYST:

Brandon Wisneski

 To revise the qualifications to become a certified driver, including:

 Reduce the restriction on drug and alcohol convictions from three (3) years

without an OWI to twelve (12) months without an OWI;

 No more than three (3) moving violations or at-fault crashes within a two

(2) year period;

 Allow individuals with probationary licenses to become certified drivers if

age 18 or older;

 To revise and simplify the process for suspending driver certification:

 An individual’s driver certification is only suspended if his or her driver’s

license has been suspended or revoked by the state of Wisconsin;

 To clarify that all other violations of this law that do not result in the suspension

or revocation of driver’s license will be handled by disciplinary action;

 To revise the restriction on driving while using prescription or over the counter

medications to increase clarity;

 To require all certified drivers to complete driver safety training every three (3)

years, regardless of whether they drive fleet or personal vehicles;

 To require mileage reimbursement requests to be submitted within thirty (30)

days of driving the miles or by the end of the fiscal year, whichever is sooner;

 To ban weapons in fleet vehicles and personal vehicles while in use for official

business, with certain exceptions;

 To ban the use of e-cigarettes in tribal fleet vehicles;

 Additional changes to revise and reorganize the law to increase clarity.

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].

Human Resources Department (HRD), Risk Management, Fleet Management,

Automotive Department, Employee Assistance Program (EAP), All employees,

officials, and volunteers of the Nation who drive fleet vehicles or personal vehicles

on official business. All supervisors of employees who drive fleet vehicles or

personal vehicles on official business.

Personnel Policies and Procedures, Travel and Expense Policy, Drug and Alcohol

Free Workplace law, Clean Air Policy.

A public meeting has not yet been held.

A fiscal impact statement has not yet been requested.

Page 1 of 15

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SECTION 2. LEGISLATIVE DEVELOPMENT

A. The Nation’s Vehicle Driver Certification and Fleet Management law is an employment law that

governs how employees, elected and appointed officials and volunteers may drive personal or triballyowned (“fleet”) vehicles on official business. The law does not govern how employees, elected and

appointed officials, or volunteers drive personal vehicles outside of work or when not conducting

official business.

B. The Nation’s Vehicle Driver Certification and Fleet Management law was most recently amended on

June 28, 2017. However, since the adoption of those amendments, the Human Resources Department

and other departments of the Nation encountered challenges implementing the law due to lack of clarity.

In addition, members of the Legislative Operating Committee (LOC) expressed concerns regarding the

impact of driving certification requirements on the Nation’s ability to recruit and hire for positions.

C. This law was added to the LOC’s Active file List on February 7, 2018, by the Legislative Reference

Office after consultation with the Human Resources Department and Oneida Law Office. Beginning in

July 2019, a work group of representatives from relevant entities and departments have met to review

the law. Several of the proposed amendments reflect the feedback and suggestions of this work group.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities of the Nation participated in the

development of this law and legislative analysis: Human Resources Department (Equal Employment

Opportunity, Employment and Recruitment, Training and Development, Personnel Services), Risk

Management, and Fleet Management.

B. The following laws of the Nation were reviewed in drafting this analysis: Personnel Policies and

Procedures, Travel and Expense Policy, Drug and Alcohol Free Workplace law, Clean Air Policy.

C. In addition, the following laws or policies of other governments, tribes and organizations were

reviewed:



Ho Chunk Nation Fleet Ordinance; and

State of WI Fleet Driver and Management Policies and Procedures

SECTION 4. PROCESS

A. Thus far, this law has followed the process set forth in the Legislative Procedures Act (LPA).

B. The law was added to the Active Files List on February 7, 2018.

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

regarding developments of these amendments and legislative analysis:

 July 15, 2019: Work meeting with HRD and Risk Management.

 July 29, 2019: Work meeting with HRD and Risk Management.

 August 13, 2019: Work meeting with HRD and Risk Management.

 September 4, 2019: Work meeting with LOC.

 October 2, 2019: Work meeting with HRD, Risk Management and Fleet Management.

 October 16, 2019: Work meeting with LOC.

 October 24, 2019: Work meeting with LOC

 November 5, 2019: Work meeting with LOC, HRD and Risk Management.

Page 2 of 15

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SECTION 5. CONTENTS OF THE LEGISLATION

A. Qualifications for Driver Certification. In order to drive a tribally-owned fleet vehicle or a personal

vehicle for official business, an employee, official or volunteer must obtain driver certification from

the Oneida Human Resources Department. Many of the Nation’s job descriptions require employees to

be certified drivers as a requirement of their job. The law contains a list of requirements that an

individual must meet in order to be certified. Proposed changes to these requirements include:

Chart 1. Qualifications for Driver Certification – Comparison

Current Law

Proposed Law

Age

18 years or older

License Status

Possess valid, nonPossess valid Wisconsin

probationary Wisconsin

Driver’s License.

*Probationary license

acceptable.

Driving Record Check:

Disqualified if driving Disqualified if OWI, DUI or

Drugs and Alcohol

citation involving drugs or PAC citation within the past

alcohol within three (3) twelve (12) months.

years.

Disqualified if three (3) or more

Driving Record Check:

No citation or conviction

moving violations and/or at-fault

Other Driving

“related to a traffic

motor vehicle crashes in the past

Convictions

incident.”

two (2) years.

*HRD interprets this to

*Moving violation is defined as

mean no “traffic incident

that results in the loss of a “any violation of motor vehicle

valid WI driver’s license.” or traffic law that is committed

by the driver of a vehicle while

the vehicle is moving. A moving

violation does not include

parking violations, equipment

violations, or paperwork

violations relating to insurance,

registration or inspection.”

Complete all training

Additional Requirements Complete all training

requirements;

Maintain minimum insurance

Maintain minimum

insurance requirements for requirements for personal

vehicle.

personal vehicle.



Change to Drug and Alcohol (OWI) Restrictions. Currently, if an individual has had a drug or

alcohol conviction within the past three (3) years, such as an OWI, that individual cannot drive for

the Nation. These amendments reduce this timeframe to twelve (12) months.

o Current. An individual cannot become a certified driver if they have had a driving citation

related to drugs and alcohol within the past three (3) years. This includes OWI (Operating

While Intoxicated), DUI (Driving Under the Influence), or PAC (Prohibited Alcohol

Concentration) citations.

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Proposed. These amendments reduce this timeframe from three (3) years to twelve (12)

months. This matches the timeframe that the WI State Government and University of

Wisconsin System use for their employees, volunteers and students who drive state-owned

vehicles.

o Effect. Individuals who have an OWI, DUI or PAC citation more than twelve (12) months

ago may now become certified drivers for the Nation, provided they meet all other

requirements of this law. The intent is to increase employment opportunities for individuals

who may have had an OWI more than twelve (12) months ago and have complied with

their sentencing and had their driver’s license reinstated by the State of Wisconsin.

Change to Driving Record Restriction: Currently, if an individual has had “a citation or conviction

related to a traffic incident,” the law states that they cannot become a certified driver. However, the

law provides no definition for what a “traffic incident” means. Therefore, based on the lack of

clarity, HRD issued an interpretation in 2017 defining traffic incident as “any traffic incident that

results in the loss of an applicant’s and/or employee’s valid Wisconsin driver’s license.”

o Current. Under HRD’s interpretation of the current law, HRD only checks driving records

to verify valid driver’s license and to check for drug and alcohol convictions.

o Proposed. These amendments now state that an individual cannot have “three or more

moving violations and/or at-fault motor vehicle crashes in the past two (2) years.” The

amendments define a “moving violation” as “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 not include parking violations, equipment violations, or paperwork violations relating

to insurance, registration or inspection.”



Moving Violations

Examples of Wisconsin motor vehicle/traffic citations that would count as “moving

violations” under this law:

 Speeding (1 to 10 mph over limit)

 Speeding (11 to 19 mph over limit)

 Speeding (20 mph over limit)

 Failure to obey traffic sign or signal

 Illegal turn

 Obstructing traffic

 Failure to give proper signal

 Driving wrong way on one way street

 Inattentive driving

 Failure to yield right of way

 Driving on wrong side of highway

 Driving too fast for conditions

 Failure to stop for school bus with lights flashing

 Attempt to elude an officer

 Reckless driving

 Following Too Closely

 Texting while driving

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Effect. Due to the lack of clarity in the current law, HRD does not currently check for any

traffic violations other than drug and alcohol related offenses. Upon adoption of this law,

HRD will now check driving records and will not certify any individuals with three (3) or

more moving violations in the past two (2) years.

Change to Probationary License. Under the current law, probationary licenses are not acceptable

as valid driver’s licenses. Under the proposed amendments, probationary licenses will now be

accepted as valid driver’s licenses so long as the individual is eighteen (18) years or older.

o What is a Probationary License? In Wisconsin, a probationary license is a driver’s license

issued to a new driver, regardless of age. According to WI DMV, “the main difference

between a probationary license and regular license consists of the restrictions listed on the

back of the license. A probationary license is not an instruction permit or learner’s permit.

It is a valid driver’s license for operation within and outside of Wisconsin.” New drivers

hold a probationary license for at least two (2) years after passing their driving test,

regardless of age.

o Effect. Individuals age eighteen (18) or older who hold a probationary license may now

become certified drivers so long as they meet all other requirements of this law.

Change to Occupational License. Previously, the law stated that an occupational license “is a valid,

non-probationary license if the driver’s abstract which accompanies the occupational license allows

the driver to operate vehicles for his or her job with the Nation.” These amendments delete this

provision and state only that an individual must hold a “valid Wisconsin driver’s license” [2 O.C.

210.4-2(b)]. The term “valid Wisconsin driver’s license” is not defined.

o What is an Occupational License? An occupational license is a restricted driver’s license.

According to WI DMV, “unlike a regular license, the driver is limited in where and when

they can drive. Individuals may only drive to and from work or other places indicated on

the license and only during specific times of the day.” An example is an individual who

has their license suspended due to an OWI conviction. Such individuals may be eligible to

apply for an occupational license to drive to and from work to maintain their employment.

o Required Waiting Periods for Occupational License. The required waiting period for an

individual to apply for an occupational license after their driver’s license has been

suspended varies depending on previous driving history and the reason for the current

revocation suspension. A loss of license for demerit points (for example, speeding tickets)

or first OWI has no waiting period. A second or subsequent OWI requires a 45-day waiting

period or longer depending on the circumstances of the OWI.

o Effect. The current law clearly states that an occupational license qualifies as a “valid

license” under this law, and that individuals with occupational licenses may be certified as

drivers so long as the occupational license allows them to operate vehicles for his or her

job with the Nation. The proposed amendments lack clarity on this subject and may require

interpretation by HRD as to whether an occupational license can be considered a valid

license. Other provisions of this law, such as the 12-month restriction on OWIs, will also

impact when an individual can be recertified.

Stricter Certification Procedures for Certain Entities. Previously, entities had the option to

develop stricter driver certification standards and submit to Fleet Management, Risk Management

and HRD for review and approval. This included specialized requirements regarding age,

experience, training and licensing. This process has been eliminated. However, employees will be



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required to satisfy “any other requirements specific to the job description and/or vehicle that may

be used by or assigned to the person” as well as “all driver training requirements imposed by the

Nation or any federal or state agency regulations” [2 O.C. 210.4-2(d) and (e)].

o Effect. Entities may include stricter driving requirements in job descriptions, department

standard operating procedures (SOPs), and require employees to follow all tribal, state and

federal requirements regarding specific vehicles (such as CDL certifications and required

training for certain vehicles like buses.) However, entities will no longer submit stricter

standards for approval by Fleet Management, Risk Management, and HRD.

B. Employee Vehicle Insurance Requirement. The Nation requires employees to maintain minimum

insurance on their personal vehicle in order to use their vehicle to conduct official business [2 O.C.

210.4-2(f)].

 Current Requirement. The current vehicle insurance requirement is one hundred thousand dollars

($100,000) per person, three hundred thousand dollars ($300,000) per motor vehicle crash for

bodily injury, and ($25,000) for property damage. These amounts remain unchanged in the

amendments.

 New Option for Combined Single Limit: As an alternative, employees of the Nation may instead

opt to carry a “combined single limit” of two hundred and fifty thousand dollars ($250,000). A

combined single limit is a type of insurance policy with a maximum dollar amount that covers any

combination of injuries or property damage, rather than split limits for each type of coverage as in

a typical policy. This option was added at the recommendation of Risk Management.

 Effect. Employees are still required to carry minimum vehicle insurance but may now opt to carry

either split coverage ($100k/$300k/$25k) or a combined single limit coverage ($250k).

C. Access to List of Certified Drivers. The Human Resources Department (HRD) is required to maintain

a list of certified drivers. This list is currently provided by HRD to both Fleet Management and

Accounting. Now, HRD will also be required to provide this list to the Risk Management Department

[2 O.C. 210.4-3(c)].

D. Driving While on Prescription Drugs or Medication. The current law states that while operating a

vehicle on official business, drivers of the Nation shall not drive “while under the influence of

controlled substances, intoxicating beverages, prescription drugs or other medications that caution

against operating a motor vehicle when taken.”

 Problem with Wording of Medication Restriction. The wording of the prescription drug and

medication restriction is unclear and has created challenges for HRD to implement. As HRD

explains, many common medications may instruct individuals to “use caution” if driving, such as

medication for seasonal allergies. “Alternatively, some medications have no driving warning yet

create impairment in some people.” This has led to confusion as to whether employees can drive

while using their medications. HRD issued an interpretation in 2017 to clarify this restriction and

presented this concern to the LOC.

 Proposed Change. The amendments now state that an individual may not drive while “while under

the influence of prohibited drugs or alcohol.” In addition, drivers may not drive if “impaired by a

medical or physical condition or other factor that affects a driver’s motor skills, reaction time or

concentration” [2 O.C. 210.5-1(d)].

o Definition or Prohibited Drug. The amendments define prohibited drug as “marijuana,

cocaine, opiates, amphetamines, phencyclidine (PCP), hallucinogens, methaqualone,

barbiturates, narcotics, and any other substances included in Schedules I through V, as

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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” [2 O.C. 210.3-1(i)].

o Effect. The amendments clarify that employees may drive while using their prescription

or over-the-counter medications as long as they are using the medication in a lawful

manner and are not impaired while using the medication. Rather than restricting driving

based on the “use caution” label that appears on many medications, the restriction is now

based on the actual effects of that medication on the driver’s motor skills, reaction time or

concentration.

E. Ban on Weapons in Vehicles While on Official Business. A new restriction has been added to the

law stating that an individual cannot carry a weapon while operating a fleet or personal vehicle while

on official business, regardless of whether the weapon is in the open or concealed [2 O.C. 210.51(e)].

 Exception. An individual who is carrying a weapon in the course of their official duties (such as a

police officer) or participating in cultural activities or ceremonies (such as Oneida Rites of

Passage) are exempt from this restriction.

 Definition of Weapon: A weapon is defined as “a firearm, knife, electric weapon, club, or any

other object intended to cause harm to oneself or others” [2 O.C. 210.3-1(k)].

 Current Policies and Laws Governing Weapons.

o The Nation’s current prohibited weapons policy, adopted by the BC resolution in 2011

(BC-10-26-11-C), states that other than those required to carry weapons for their job, “no

person shall carry a weapon, whether in the open or concealed, on Tribal public property,

including any tribal building, gaming or retail business, facility, construction site, vehicle

or at any Tribally sponsored event.”

o In addition, the Workplace Violence Policy states that the possession or use of weapons

on any kind of property of the Nation, including parking lots, other exterior premises or

while engaged in activities for the Nation,” is a “prohibited behavior” [2 O.C. 223.5(g)].

o Finally, the Nation’s Hunting, Fishing and Trapping law prohibits individuals from

transporting a loaded firearm, air rifle or cocked bow or crossbow in a vehicle [4 O.C.

409.9-1(c)].

o Conclusion: Taken together, the Nation’s current laws and policies already restrict

drivers from carrying weapons in their personal vehicles while on tribal property or in

tribal parking lots or from carrying weapons in fleet vehicles under any circumstance.

 Effect. These amendments clarify that drivers may not carry weapons in either personal or fleet

vehicles while on official business of the Nation unless required to do so for their job or cultural

activities.

F. E-Cigarettes in Fleet Vehicles. The current law already states that individuals may not smoke or permit

others to smoke in the Nation’s fleet vehicles. Under these amendments, the use of electronic smoking

devices, or “e-cigarettes,” will also be prohibited in the Nation’s fleet vehicles [210.5-3(f)].

G. Driver Safety Training. The current law requires all drivers certified to drive a fleet vehicle to complete

driver safety training every three (3) years. These amendments will now require all certified drivers to

complete this safety training, regardless of whether they drive a fleet vehicle or a personal vehicle on

official business. In addition, rather than Environmental Health and Safety Division, it will now be

HRD’s responsibility to provide and monitor this training [2 O.C. 210.5-2].

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Chart 2. Driver Safety Training Requirements

Current Law

Proposed Law

Who is required to attend Drivers certified to drive a All individuals with driver

Driver Safety Training? tribal vehicle.

certification, whether they drive

personal or fleet vehicles.

How often attend Driver Every three (3) years

Every three (3) years.

Safety Training?

Who is required to Environmental Health and Human Resources Department.

provide the training?

Safety Division.

H. New 30-Day Deadline to Submit Mileage. Employees and officials of the Nation seeking mileage

reimbursement for miles driven while conducting official business will now be required to submit their

mileage forms within thirty (30) days of driving the miles or by the end of the fiscal year, whichever is

sooner [2 O.C. 210.5-4(b)].

I. Approval of Passengers in Fleet Vehicles. Previously, the Oneida Business Committee was

responsible for authorizing passengers in a fleet vehicle who were not employees, officials, volunteers,

or individuals being transported as part of a program, service or to conduct business. In order to increase

efficiency, the Fleet Management department will now be responsible for authorizing these types

passengers [2 O.C. 210.6-7(c)].

J. Drug Testing Requirement for Motor Vehicle Crashes. When a certified driver is involved in a motor

vehicle crash or damage involving a fleet vehicle or personal vehicle driven on official business, the

driver must immediately report the crash and complete an incident report. The current law also states

that the driver must comply with “any applicable alcohol and drug testing requirements established in

other laws of the Nation.” This reference to drug testing requirements in other laws has been deleted.

 Drug and Alcohol Free Workplace law. Although this reference has been deleted, employees of the

Nation are still required to follow the Drug and Alcohol Free Workplace law. This policy states

that if an employee is involved in a work-related accident, he or she must immediately inform their

supervisor and, as a condition of employment, participate in pre-employment, reasonable suspicion,

and follow-up testing upon the request of an appropriate authority [2 O.C. 202.8-3 and 8-4].

 Effect. Although the reference to alcohol and drug testing is deleted in this particular law,

employees of the Nation may still be required to participate in alcohol and drug testing in

accordance with the Drug and Alcohol Free Workplace law as a condition of their employment.

K. Copy of Internal Reviews. When there is a motor vehicle crash or damage involving a fleet vehicle or

personal vehicle on official business, the Fleet Management Department and Risk Management

Department coordinate and conduct an internal review of the incident. These departments may

recommend that an individual receive disciplinary action based on the incident. For example, discipline

can be recommended if an employee recklessly damages a fleet vehicle.

 Reports Required for Both Fleet Vehicles and Personal Vehicle Crashes. The current law states

that internal reviews are to be conducted “whenever necessary” for motor vehicle crashes involving

fleet vehicles, specifically. Now, internal reviews will be required for both fleet vehicles and

personal vehicles driven on official business in the event of a motor vehicle crash or damage [2

O.C. 210.7-1].

 Copies of Reports to Area Managers. Previously, these reports were provided to the driver and

driver’s supervisor. Now these reports will also be provided to the driver’s area manager. The intent

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is to ensure that the driver’s area manager is kept informed of incidents and can ensure that issues

are addressed with employees [2 O.C. 210.7-2].

L. Driving Privileges. The current law allows for supervisors to “temporarily suspend” an individual’s

driving privileges without actually suspending their driver certification. In the other words, the

individual is still certified as a driver by HRD, but his or her supervisor temporarily does not give them

permission to drive on official business. This section has been deleted from the law. However, the

amendments state that employees cannot drive fleet vehicles or their personal vehicles on official

business “without obtaining permission from their supervisor” [2 O.C. 210.5-4(a) and 6-6(b)].

Therefore, supervisors will still have the authority to deny permission for an employee to drive on

official business on an individual basis without suspending their driver certification.

M. Suspension of Driver Certification. The process for a supervisor to officially suspend an employee’s

driver certification has been substantially changed and simplified.

 Proposed. Under the proposed amendments, an individual’s driver certification is suspended only

when the individual’s valid drivers license has been suspended or revoked by the state of Wisconsin

or has otherwise become invalid. The length of the suspension lasts until the individual’s driver’s

license is reinstated. In other words, if a person holds a valid Wisconsin driver’s license, that person

can drive for the Oneida Nation assuming he or she meets all other requirements of this law. All

other violations of this law, such as failure to submit insurance or inappropriate use of a fleet

vehicle, will now be handled by disciplinary action in accordance with the Nation’s Personnel

Policies and Procedures.

Chart 3. Proposed Driver Certification Suspension Process.

Employee violates law or

policy of the Nation, is

involved in an at-fault

accident on official business,

or has a change in driver’s

license status.

Did employee lose

their WI Driver’s

license?

Yes

Disciplinary

action as

appropriate

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Suspend

employee’s

Driver’s

Certification

Reasonable

accommodations,

Disciplinary action,

and/or termination

as appropriate

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Chart 4. Suspension of Driver Certification – Comparison.

Current Law

Reason(s) to Suspend

Various violations of the law,

Driver Certification

including:

 having WI driver’s license

suspended or revoked,

 being arrested or charged or

convicted of motor vehicle

operation violation involving

drugs or alcohol;

 Not reporting motor vehicle

crash while on official business,

 Not maintaining minimum

insurance on personal vehicle

Length of Driver

 Minimum length of suspension

Certification Suspension

between five (5) and fifteen

(15) days for the first three (3)

suspensions.

 More than three (3) suspensions

in a three (3) year period results

in a three (3) year suspension.

 Citation for motor vehicle

violation involving drugs or

alcohol results in automatic

three (3) year suspension.

Yes, “based on the best interests of

Supervisor Discretion to

the Nation…if the supervisor

Suspend or Extend Driver

determines it is appropriate to do

Certification for any other

so”

reason not listed in this

law?

Is Driver Certification

No.

Suspension Appealable?

Yes, the supervisor may:

Can the supervisor offer

Provide non-driving

reasonable

accommodation within the home

accommodations if driver

department;

certification suspension

Reassign to a position that does not

affects an employee’s

ability to perform their job? involve driving

Leave of absence without pay.

Can the Supervisor

terminate employment

individual’s driver

certification is suspended?

Yes.

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Proposed Law

Suspend driver certification

only if Wisconsin Driver’s

License has been suspended,

revoked or otherwise invalid.

Suspended until the

individual’s WI Driver’s

license is reinstated by the WI

Department of Motor Vehicles

and the individual meets

qualifications for reinstatement

under this law.

No.

Yes, the supervisor may:

Reassign the individual to a

position that does not require

driving;

Provide non-driving

accommodation within the

position;

Remove the driving

requirement from the job

description

Place the individual on unpaid

leave until the individual

obtains his or her driving

certification.

Yes, if a valid driver’s license

“is an essential requirement of

the position.”

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Chart 5. Reinstating Driver Certification – Comparison.

Current Law

Reinstatement of Driver

 Automatically reinstated if

Certification

the suspension was thirty (30)

days or less;

 If the suspension was thirtyone (31) days or more; HRD

shall verify insurance and

check the driving record to

ensure that driver meets

eligibility requirements,

including no drug or alcohol

convictions within three (3)

years.

Failure to Reinstate Driver

Certification Appealable?

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Yes, any official, volunteer or

employee may seek review of a

decision not to reinstate

certification by filing an appeal

with the Judiciary.

Proposed Law

Upon review of HRD that

individual’s Driver’s license has

been reinstated and that the

driver meets original

qualifications for certification,

including:

 No OWI, DUI or PAC

violation within past 12

months;

 Less than three (3) moving

violations or at fault

accidents within the past two

(2) years

 All other training and

insurance requirements.

No, failure to reinstate driver

certification is not appealable.

N. Referral to EAP for Drug & Alcohol Violations. The current law states that supervisor of drivers

“shall, when necessary, refer drivers to the Employee Assistance Program in accordance with the

applicable policies and procedures of the Nation.”

 Proposed. This has been revised to state that any suspension of an individual’s driver certification

based on a violation involving drugs and/or alcohol shall be accompanied by a referral to the

Nation’s Employee Assistance Program for an assessment of the individual [2 O.C. 210.8-2(a)].

 Effect. In other words, supervisors will be required to refer employees to EAP for an assessment

anytime an employee is suspended for a drug or alcohol violation, such as an OWI.

O. Minor Drafting Changes. Additional minor drafting changes have been made throughout the law for

clarity.

SECTION 6. EFFECT ON EXISTING LEGISLATION

A. References to the Other Laws of the Nation: The following laws of the Nation are referenced in this

law.

 Personnel Policies and Procedures. “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].

 Travel and Expense Policy. “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)].

o Conflict. The Travel and Expense Policy states that “insurance on all car rentals is

covered by the Oneida Tribe’s insurance policy.” However, this does not reflect current

practice. In addition, the Travel and Expense Policy conflicts with both the current

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Vehicle Driver Certification law and the proposed amendments, which both require the

purchase of maximum collision damage waiver from the rental company, as this is more

cost effective for the Nation.

o 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.

B. Other Laws that Reference Vehicle Driver Certification: The following laws of the Nation reference

Vehicle Driver Certification and Fleet Management. These amendments do not conflict with any of the

referenced laws.

 Drug and Alcohol Free Workplace. This 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. 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. 202.4-1 and 4-2].

 Clean Air Policy. “Except as provided in 411.4-1(b)(1) and 411.4-2, no person may smoke… in

any vehicle owned or operated by the Tribe” [4 O.C. 411.4-1(c)].

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SECTION 7. ENFORCEMENT AND ACCOUNTABILITY

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SECTION 8. OTHER CONSIDERATIONS

A. Enforcement. This law is enforced in the following ways:

 Suspension of Driver Certification. 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 [2 O.C. 210.8-2].

 Disciplinary Action. In addition to the suspension of a driver certification, a supervisor may take

disciplinary action against an individual in accordance with the Personnel Policies and Procedures

[2 O.C. 210.8-7].

A. Vehicle Driver & Fleet Management Data. The following data is provided for information:

 Number of Driver Certification Suspensions:

o 2017: 3

o 2018: 13

o 2019: 6

 Number of Employees Separated from Employment Due to Loss of Driver Certification:

o 2019: 2

 Number of Job Applicants Screened Out Due to OWI or Driving Convictions:

o HRD does not currently track this information. However, between July and November of

2019, at least five (5) applicants were screened out for not meeting driver certification

requirements.

Source: Email communications with HRD, 11/5/19.

 Number of Fleet Vehicles

o The Nation currently owns 209 fleet vehicles. 200 of these vehicles are permanently

assigned to a department of the Nation.

Source: Email communication with Fleet Management, 10/29/19.

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

Chart 6. Vehicle Incidents Involving Nation-owned Vehicles

Fiscal Year

# of Incidents

# of Incidents At Fault

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

Source: Email communication w/Risk Management, 10/29/19.

B. Grandfather Clause for Drivers with Three or More Moving Violations or At-Fault Accidents within

Past Two Years. Under the current law and HRD’s present interpretation, HRD only checks vehicle

driver records for drug and alcohol related citations and to ensure valid driver’s license. Once these

amendments are passed, HRD will now check whether drivers had three (3) or more moving violations

or at-fault accidents within the past two (2) years.

 Need for Grandfather Clause. Because HRD has not previously checked for moving violations,

there may employees who are currently certified with three (3) or more accidents on their record

in the past two (2) years. Since these employees were certified under the previous law, the LOC

should consider adding a grandfather clause in the adopting resolution to ensure that these

employees do not lose their driver certification upon adoption of this law.

 Recommendation. Consider grandfather clause for current certified drivers that have had three

(3) or more moving violations or at-fault accidents within the past two (2) years. For example,

the adopting resolution could state that the new restrictions on moving violations shall apply

only to new applicants, new hires, or transfers that occur after the adoption date of this law.

C. Certification of Drivers Previously Disqualified for OWI in the Last Three (3) Years. Under the

current law, applicants or employees who have had a drug or alcohol citation within the past three (3)

years, such as an OWI, cannot become certified drivers for the Nation. Upon passage of this law, this

restriction will be lowered to twelve (12) months. Therefore, there may be current employees of the

Nation who will become eligible for driver certification upon adoption of this law. For example, an

employee who had an OWI two years ago who is now working under a reasonable accommodation that

doesn’t involve driving.

 Recommendation. Upon adoption of this law, HRD may want to communicate this information

to supervisors and/or impacted employees so that they are aware that they may now be eligible

for driver certification.

D. Impact of Driving Record Check on Currently Certified Drivers. In order to become a newly certified

driver, a driver must not have had an OWI within the past twelve (12) months and not had three (3) or

more moving violations or at-fault accidents within the past two (2) years. However, an individual who

has become certified can only have their driver certification suspended if they lose their valid Wisconsin

driver’s license.

 Example Scenario. In other words, an individual can be hired with a clean driving record,

receive driver certification from the Nation, then have three (3) or more moving violations

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within a 2-year period during their employment, but still keep their driver certification because

they never lost their valid driver’s license as a result of the moving violations. However, if that

same individual were to leave their employment with the Nation and later apply for another

position in the organization, that individual could not become a certified driver, because they

are now applying as a new driver and must pass the driving record check.

Chart 7. Driving Record Requirement Comparison

Scenario

Driving Record

Requirements

New employee or

transfer (New

Certification)

Current employee who

already has driver

certification (Maintain

Certification)

Employee who lost

certification due to

suspended driver’s

license and applies to be

recertified after getting

their license back

(Re-Certification)

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404

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413

Valid Driver’s license;

No OWIs in the past 12

months,

Not have three or more

moving violations within

the past 2 years

Valid Driver’s license.

*Only lose certification if

driver’s license suspended

or revoked by state of WI.

Valid Driver’s license;

No OWIs in the past 12

months;

Not have 3 or more

moving violations in the

past 2 years



What happens if driver

received three moving

violations in a two-year

period?

Three moving violations in 2

years or an OWI in 12 months

results in denial of driver

certification.

Three moving violations in a 2

year period does not result in

loss of driver certification unless

the individual also lost their

driver’s license.

Three moving violations or an

OWI in the past 12 months

results in denial of driver

certification.

Recommendation. While this discrepancy is not necessarily problematic, it may cause

confusion for current employees and supervisors who receive three (3) or more traffic citations

after they have become a certified driver for the nation. HRD and supervisors should be aware

that a current employee can only lose their driver certification if they lose their WI driver’s

license – regardless of the number of moving violations on their record since becoming

certified.

E. Number of Job Descriptions Requiring Drivers License. During the development of these

amendments, the LOC expressed interest in learning how many of the Nation’s job descriptions require

employees to hold a valid driver’s license as a condition of their employment. The LOC was interested

to know if there may be positions where an employee rarely drives on official business, but their job

description still requires a valid driver’s license to maintain employment.

 Data: HRD estimated that roughly 700 out of 950 program/non-divisional positions require a

driver’s license. Data for gaming positions was not available at the time this analysis was

drafted.

 Recommendation: During a work meeting, the LOC encouraged HRD to review job

descriptions and determine whether it is necessary for certain jobs to require a driver’s license.

If the LOC wishes to formalize this request to HRD, the LOC could send a memo or include in

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414

the adopting resolution for this law a timeline or forum for where this information should be

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brought back (such as HRD’s quarterly report).

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F. Training Upon Adoption of Amendments. Upon the adoption of these amendments, HRD should offer

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updated training to supervisors and employees of the Nation on the new provisions of this law.

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 Recommendation. The LOC may wish to include this directive in the adopting resolution of

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these amendments and work with HRD to develop a reasonable timeframe for developing and

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offering this training.

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G. Fiscal Impact. A fiscal impact statement has not yet been requested.

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

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

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

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

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

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

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

December 4, 2019

Oneida Food Service Code

Submission Date: 9/19/18

LOC Sponsor: Earnest Stevens III

Public Meeting: n/a

Emergency Enacted: n/a

Expires: n/a

Summary: This is a request from the Environmental, Health, Safety & Land Division and

Licensing Department to make certain amendments and updates to the Oneida

Food Service Code that include fee schedule updates, cottage food sales from

home amendments, and requirements for credentialed Food Safety Manager.

9/19/18 LOC: Motion by Jennifer Webster to add the Oneida Food Service Code to the active files

list and assign Earnest Stevens III as the sponsor; Seconded by Daniel Guzman King.

Motion carried unanimously.

10/4/18:

Work Group Meeting. Present: Kristen M. Hooker, Maureen Perkins, Michelle

Myers, Vanessa Miller, Jeff Mears, Jamie Betters. The purpose of this work group

meeting was to discuss potential amendments to the Oneida Food Service Code

(“Law”) with representatives from the following departments and divisions:

Environmental, Health, Safety and Land Division; Community Health Nursing; and

Internal Services. The next steps are: (1) for the legislative analyst to conduct

additional research to be presented back to the work group for consideration and

further discussion; (2) for the drafting attorney to provide general updates to the Law

based on the LPA and the Federal Food Code; and (3) for the work group to provide

any follow up recommendations and/or suggestions to the LRO for amendments to the

Law.

11/29/18:

Work Group Meeting. Present: Vanessa Miller, Tonya Webster, Jennifer Falck,

Maureen Perkins, Kristen M. Hooker. The purpose of this work group meeting was

to go through the revisions and proposed amendments to the Oneida Food Service

Code. The next steps are: (1) for EHSLD and/or Licensing Department to contact

Risk Management regarding the current insurance requirements for independent food

vendors; (2) for EHSLD to share and get input on the proposed “cottage food

exemption” with representatives of the Nation that may be interested in its

development/application; and (3) to reconvene at another work group meeting to finish

going through the amendments and discuss the input received from the abovementioned groups.

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1/25/19:

Work Group Meeting. Present: Jeff Mears, Kristen M. Hooker, Maureen Perkins,

Vanessa Miller. The purpose of this meeting was: (1) to discuss Risk Management’s

stance on the Law’s current insurance provisions and consider possible amendments

relating thereto; and (2) to continue reviewing the Law to gather suggestion from the

work group for amendments that include, but are not limited to, updating the fee

schedule and adding an exemption for cottage food sales.

2/28/19:

Work Group Meeting. Present: Jeff Mears, Kristen M. Hooker, Maureen Perkins,

Vanessa Miller, Jennifer Falck. The purpose of this meeting was to discuss the

addition of a cottage food sales exemption to the Law. The next step is for the drafting

attorney to update the Law to include all amendments proposed during the last two

meetings and to bring a draft back to a work group meeting for a final review and

comment.

6/6/19:

Work Group Meeting. Present: Jeff Mears, Kristen M. Hooker, Maureen Perkins,

Vanessa Miller. The purpose of this meeting was to go through the rough draft of the

proposed amendments to the Law with the work group for final comments before

bringing the draft to a LOC work meeting for review and policy consideration.

11/6/19:

LOC Work Meeting. Present: David P. Jordan, Daniel Guzman-King, Kirby Metoxen,

Kristen M. Hooker, Maureen Perkins, Ernest Stevens III, Jennifer Webster (left early),

Jameson Wilson. The purpose of this meeting was to review the current draft of the

Oneida Food Service Code, go through the proposed amendments suggested by the

work group and discuss any further amendments by the LOC. The LOC reviewed the

first half of the draft. The next step is for the LRO to address several

questions/concerns raised by the LOC during its review and to bring responses back

to the LOC work meeting where the second half of the draft is on the agenda.

11/15/19:

LOC Work Meeting. Present: Kristen Hooker, Maureen Perkins, David Jordan,

Jennifer Webster, Ernest Stevens III, Jennifer Falck, Daniel Guzman King. The

purpose of this meeting was to finish going through the draft of the amendments to the

Oneida Food Service Code.

Next Steps:

▪ Approve the draft of the amendments to the Oneida Food Service Code and direct a

legislative analysis to be completed.

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Title 3. Health and Public Safety – Chapter 305

Kahkwa>%=ku

about the food

ONEIDA FOOD SERVICE

305.1. Purpose and Policy

305.2. Adoption, Amendment, Repeal

305.3. Definitions

305.4. Jurisdiction

305.5. Compliance

305.6. Authority

305.7. Licensing

305.8. Exemptions

305.9. Inspections

305.10. Violations, Enforcement

305.11. Appeal Rights

305.1. Purpose and Policy

305.1-1. Purpose. The purpose of this law is to ensure the safety of food that is provided to

consumers at retail or through an Oneida Nation Food Service Program by establishing a system

of overlapping safeguards designed to minimize foodborne illness; ensure employee health,

industry manager knowledge, safe food handling, nontoxic/cleanable equipment and acceptable

levels of sanitation on the premises of food service businesses; and promote fair dealings with

members of the community through adoption of licensing requirements, exemptions, regulation,

control, supervision and enforcement procedures that govern food service businesses within the

jurisdiction of the Nation.

305.1-2. Policy. It is the policy of the Nation to protect the health, welfare and safety of the

community and to strengthen the Nation’s self-governance by ensuring, through the exercise of its

inherent sovereignty over the Nation’s resources and membership, that food provided at retail or

through an Oneida Nation Food Service Program is unadulterated, prepared in a clean environment

and honestly presented.

305.2. Adoption, Amendment, Repeal

305.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-13-01-B

and amended by resolutions BC-02-25-15-C and BC-__-__-__-__.

305.2-2. 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.

305.2-3. 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.

305.2-4. 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.

305.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

305.3. Definitions

305.3-1. 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) Close down means an order issued by the Department to discontinue operation of a

food service business or exempt operation under section 305.8 of this law in order to protect

the health, safety and/or welfare of the community.

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(b) “Consumer” means an individual who is a member of the public; takes possession of

food; is not functioning in the capacity of a food service business, a cottage food operator,

a prepackaged restaurant, or a food processing plant; and does not offer the food for resale.

of his or her domestic residence, produces cottage food products for direct sale only.

(d) “Cottage food products” mean foods, produced within the home kitchen of a domestic

residence, that are non-potentially hazardous, including non-perishable baked goods such

as cakes, most fruit pies, breads, brownies, cookies and muffins; dry mixes; dried fruit;

jams, jellies and preserves; home-canned foods such as apples, peaches and lemons or

salsa, pickled vegetables and hot sauces; and other non-potentially hazardous foods that

the Department characterizes as cottage food products for purposes of this law.

(e) “Department” means the Environmental Health Safety Department within the Nation’s

Environmental Health, Safety and Land Division.

(f) “Direct sale” means a consumer’s face-to-face purchase of a cottage food product from

a cottage food operator that does not include purchases through consignment, mail order,

or the internet, though nothing herein shall be interpreted to prohibit a cottage food operator

from using the internet for the sole purpose of advertising his or her cottage food products.

(g) “Domestic residence” means the single-family house or unit in a multiunit residential

structure located at the address that the applicant lists as being his or her primary residence

when applying to the Department for a cottage food exemption under this law.

(h) Emergency means the occurrence or discovery of an unforeseen event that requires

immediate attention, the absence of which could endanger the health or safety of others.

(i) Federal Food Code means the most current edition of the United States Public Health

Service, Food and Drug Administration Food Code.

(j) “Fine” means a monetary punishment issued to a person for violation of this law.

(k) “Food” means a raw, cooked or processed edible substance; ice; beverage; or ingredient

used or intended for use or for sale in whole or in part for human consumption or chewing

gum.

(l) “Food service business” means, whether individually or collectively, a permanent food

service establishment; a temporary food service establishment; and/or an independent food

service operator. The following shall not qualify as a food service business under this law:

(1) Private rummage sales;

(2) Community sponsored non-profit fund raising and/or charity events;

(3) Cottage food operators who satisfy the requirements of this law; and/or

(4) Prepackaged Restaurants that satisfy the requirements of this law.

(m) “Home-canned foods” means home-canned fruits and vegetables that are naturally

acidic or have been acidified by pickling or fermenting and have an equilibrium pH of 4.6

or lower.

(n) Independent food service operator means a person, other than one who qualifies as a

cottage food operator, who sells, for profit, food that is prepared off-site, independent of a

permanent establishment, at or within a location approved by the Department.

(o) Judiciary means the Oneida Nation Judiciary, which is the judicial system that was

established by Oneida General Tribal Council resolution GTC-01-07-13-B to administer

the judicial authorities and responsibilities of the Nation.

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(p) “License” means the tangible proof of authorization from the Department to operate a

permanent food service establishment, operate a temporary food service establishment and/

or function as an independent food service operator.

(q) “Nation” means the Oneida Nation.

(r) “Penalty” means a punishment, other than a fine, imposed on a person for violation of

this law.

(s) “Permanent food service establishment” means a permanent unit or location where

food is processed on site, usually for retail sale, and intended for individual consumption,

whether on or off the premises, including, but not limited to, the following:

(1) A restaurant or eating/drinking establishment other than a prepackaged

restaurant;

(2) A market or grocery store;

(3) A catering business;

(4) A bakery or confectionary;

(5) A convenience store or gas station store; and/or

(6) An Oneida Nation Food Service Program.

(t) “Person” means a natural person(s), sole proprietorship, partnership, corporation,

limited liability company or any other form of a legal entity.

(u) “Potentially hazardous food” means food that requires time and temperature control

for safety to limit toxin formation or the growth of pathogenic microorganisms.

(v) “Prepackaged restaurant” means an establishment that serves or sells only packaged

foods that are prepared and packaged off-premise by a licensed processor with preparation

on the premise limited to heating and serving.

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

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

and any lands added thereto pursuant to federal law.

(x) Temporary food service establishment means a non-permanent food service

establishment that operates at a fixed location for a limited number of consecutive days in

conjunction with a single event.

305.4. Jurisdiction

305.4-1. Personal Jurisdiction. This law applies to:

(a) All members of the Nation; the Nation’s entities and corporations; and members of

other federally-recognized tribes;

(b) Individuals and businesses leasing, occupying, or otherwise using fee land owned by

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

the Nation or individual members of the Nation; and

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

jurisdiction of the Nation:

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

entities, corporations, or members, including, but not limited to, contracts or other

agreements; or

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

including, but not limited to, the failure to raise an objection to the exercise of

personal jurisdiction in a timely manner.

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305.4-2. Territorial Jurisdiction. This law extends within the Reservation to all land owned by

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

305.4-3. Liberal Construction. The provisions of this law shall apply to the fullest extent of the

sovereign jurisdiction of the Nation and shall be liberally construed to give full effect to the

objectives and purposes for which it was enacted.

305.5. Compliance

305.5-1. No person shall operate a food service business without a valid, unexpired license from

the Department.

(a) Licenses to operate a food service business are non-transferable.

(b) Unless otherwise provided herein, strict compliance with this law is required before a

license may be issued or renewed.

305.5-2. Federal Food Code. The Nation finds that the Federal Food Code establishes a high level

of stringent food and beverage handling safety standards that should apply to all food service

businesses within its jurisdiction.

(a) Unless otherwise provided herein, the Nation hereby adopts the entire Federal Food

Code through incorporation by reference into this law.

(1) Any additions to or deviations from the Federal Food Code that are included

within this law are designed to be specific to the Nation.

(2) Should a provision of this law conflict with a provision of the Federal Food

Code, the provision of this law shall have priority over the Federal Food Code and

govern.

(b) The Department shall maintain either an electronic or print copy of the most current

edition of the Federal Food Code at its office location and shall make it available or

accessible for inspection during regular business hours.

305.6. Authority

305.6-1. Authority of the Department. Subject to all applicable provisions and/or restrictions

contained in this or any other governing law of the Nation, the Department shall be responsible for

the administration and enforcement of this law, including, but not limited to, that the Department

shall have the power to:

(a) Grant, deny, renew, suspend, reinstate and/or revoke licenses to operate food service

businesses and make all other determinations regarding suitability for licensure and

exemption from licensure;

(b) Establish licensing fee, fine and penalty schedules;

provisions of this law;

(d) Perform all requisite inspections and conduct investigations when necessary; and/or

(e) Issue citations and orders for violations of this law or when necessary to protect the

welfare of the community.

305.7. Licensing

305.7-1. Licenses. The following shall govern the process for obtaining and renewing a license to

operate a food service business within the jurisdiction of the Nation:

(a) License Application. Persons shall be required to apply to the Department to receive or

renew a license to operate a food service business pursuant to the application process

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established by the Department through adoption of a standard operating procedure that

conforms to this law and includes, at a minimum, the following:

(1) That, the applicable licensing fee must accompany the application for licensure

or license renewal; and

(2) That, the Department shall be required to issue or deny a license within thirty

(30) days after receiving a complete application for licensure or license renewal, all

applicable fees, and any other information required under the governing standard

operating procedure.

(A) The issuance or renewal of a license may be conditioned on the

applicant correcting a violation of this law within a set period of time, which

if not corrected within the set time or after an extension of time approved

by the Department, would render the license null and void.

(B) If the Department denies an application for licensure or license renewal,

it shall provide the applicant, in writing, with its reason or reasons for the

denial and information on how to appeal its decision.

(b) License Period.

(1) Licenses for permanent food service establishments and independent food

service operators shall be issued and renewed by the Department for terms of one

(1) year, commencing October 1st and ending September 30th of every year.

(2) Licenses for temporary food service establishments shall be granted by the

Department to cover one (1) single event for a period of not more than fourteen

(14) consecutive days.

fee schedule, subject to approval by the Oneida Business Committee through adoption of

a resolution, that is applicable to all food service businesses.

(1) The fee amount shall cover the initial license term for permanent food service

establishments and independent food service operators and shall cover a single

event of not more than fourteen (14) consecutive days for temporary food service

establishments.

(A) A separate licensing fee shall be required when applying to renew a

license for a permanent food service establishment or independent food

service operator.

(B) The licensing fee for a permanent food service establishment license or

independent food service operator license that was issued after October 1st

shall be prorated for that term pursuant to a standard operating procedure

established by the Department.

denied by the Department, the licensing fee submitted with the application

shall be returned to the applicant in full.

(2) The Department shall post the licensing fee schedule in a prominent area within

its offices and elsewhere as it deems appropriate.

(3) Exemptions. Non-profit service programs of the Nation shall not be required to

pay a licensing fee to obtain a license under this law.

(A) The Department, may within its discretion, waive the licensing fee for

obtaining or renewing a license when justifiable circumstances exist.

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305.7-2. License Eligibility.

(a) Permanent Food Service Establishments. To be eligible to receive a license to operate

a permanent food service establishment, applicants must:

(1) Submit the appropriate licensing fee with their application;

(2) Pass an inspection by the Department of the proposed premises for the

permanent food service establishment; and

(3) Satisfy any other provision within or arising out of this law that is a prerequisite

for licensure to operate a permanent food service establishment.

(b) Temporary Food Service Establishments. To be eligible to receive a license to operate

a temporary food service establishment, applicants must:

(1) Submit the appropriate licensing fee with their application;

(2) Submit proof of having undergone either:

(A) Certification under the applicable food safety training offered through

the Department; or

(B) Certification or training that the Department, in its discretion, deems

equivalent to the corresponding food safety training offered through the

Department;

(3) Pass an inspection by the Department of the proposed premises for the

temporary food service establishment; and

(4) Satisfy any other provision within or arising out of this law that is a prerequisite

for licensure to operate a temporary food service establishment.

an independent food service operator, applicants must:

(1) Submit the appropriate licensing fee with their application;

(2) Submit proof of having undergone either:

(A) Certification under the applicable food safety training offered through

the Department; or

(B) Certification or training that the Department, in its discretion, deems

equivalent to the corresponding food safety training offered through the

Department.

(3) Pass an inspection by the Department of the proposed premises designated in

writing by the applicant as the food preparation site; and

(4) Satisfy any other provision within or arising out of this law that is a prerequisite

for licensure to function as an independent food service operator.

(d) Training. The Department shall provide reasonable opportunities for persons to

undergo the food safety training that is referenced in section 305.7-2(b)(2)(A) and (c)(2)(A)

of this law.

305.7-3. License Placement.

(a) Permanent and Temporary Food Service Establishments. A valid license shall, at all

times, be posted in a conspicuous area within the premises of every permanent food service

establishment and every temporary food service establishment.

(b) Independent Food Service Operators. A valid license shall, at all times, be prominently

displayed on the body of the license holder whenever functioning as an independent food

service operator.

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305.8. Exemptions

305.8-1. Cottage Food Sales. Cottage food operators are exempt from the requirements of this

law, except as follows:

(a) Registration. Before selling any cottage food products, individuals must register with

the Department as a cottage food operator by providing, at a minimum, their:

(1) Full name;

(2) Address of domestic residence; and

(3) Any additional information required by a standard operating procedure that the

Department may establish, consistent with this law, to govern cottage food sales.

(A) By registering as a cottage food operator, the individual is confirming

that the information he or she provided is correct and agreeing to operate

within the confines of the exemption.

(b) Labeling. Cottage food products must be labeled with the following information:

(1) The name and address of the cottage food operator;

(2) The name of the cottage food product and the date on which it was prepared,

processed or canned; and

(3) A clearly legible sign or placard that states: “this product is homemade and not

subject to inspection by the Nation.”

cottage food operator exemption must first complete the food safety training approved by

the Department.

305.8-2. Prepackaged Restaurants. Prepackaged restaurants are exempt from the requirements of

this law, except as follows:

(a) Authorization. Before selling or serving any prepackaged foods, persons must apply to

the Department for permission to operate as a prepackaged restaurant pursuant to the

process established by the Department through adoption of a standard operating procedure

that conforms to this law and includes, at a minimum, the following:

(1) That, the fee established by the Department to operate a prepackaged restaurant,

as set forth in the licensing fee schedule referenced in section 305.7-1 of this law,

must accompany the application;

(2) That, the applicant passes an inspection by the Department of the proposed

premises for the prepackaged restaurant; and

(3) That, by applying to operate as a prepackaged restaurant, the applicant is

agreeing to serve and/or sell only the prepackaged foods that are approved by the

Department and to not engage in any food processing or preparation on the premises

of the prepackaged restaurant other than the heating and serving of the food.

(A) The Department shall provide written notice, accessible to the public,

of the prepackaged foods approved hereunder.

(b) Permission to operate as a prepackaged restaurant shall not be conditioned on any prior

training or certification in food safety.

(1) Paragraph (b) shall not prohibit the Department from issuing a corrective order

under section 305.10 of this law that requires food safety training or certification.

of the prepackaged restaurant premises as often as it deems necessary so long as it does not

exceed more than one (1) time per year, absent cause.

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305.8-3. Enforcement. Violations of this section shall be enforced in accordance with section

305.10 of this law.

(a) Upon receipt of a complaint or its own reasonable suspicion of noncompliance with

this section, the Department, in its discretion, may conduct an inspection of a prepackaged

restaurant or a cottage food operator’s domestic residence; provided, the inspection of the

cottage food operator’s domestic residence is limited to the subject matter of the complaint

or event giving rise to the Department’s reasonable suspicion.

(b) This section does not preempt the application of any other law of the Nation or other

local governing ordinance to which individuals must comply.

cottage food operator for damages that arise out of their sale or service of food hereunder.

305.9 Inspections

305.9-1. In addition to the inspections required under section 305.7 of this law, no more than two

(2) times per license term, the Department may, for any reason, enter a food service business to

conduct an inspection, so long as at a reasonable hour.

305.9-2. The Department may, at any time during the term of a license, enter a food service

business to conduct an unscheduled inspection based on the following:

(a) Receipt of a complaint;

(b) Outbreak of a food borne illness; and/or

305.9-3. Any reinspection that must be conducted by the Department as a result of a violation of

this law, will result in an additional fee as set forth in the license fee schedule.

305.10. Violations, Enforcement

305.10-1. Non-compliance. Violations of this law may result in any one or more of the following

as determined by the Department:

(a) The suspension or revocation of a license or license exemption status;

(b) The issuance of an order to close down; and/or

other corrective orders set forth in the fine and penalty schedule established by the

Department, subject to approval of the Oneida Business Committee through adoption by

resolution.

(1) Failure to pass an inspection conducted pursuant to this law may be cause for

the issuance of a citation hereunder.

(2) Citations shall be processed in accordance with the procedure contained in the

Nation’s laws and policies governing citations.

305.10-2. In addition to satisfying any other corrective order issued by the Department under

section 305.10-1 of this law, a food service business, cottage food operator or prepackaged

restaurant that has been closed down due to a violation of this law must pass a reinspection by the

Department before being re-eligible for operation.

(a) A food service business that has been closed down may only receive a probationary

license for six (6) months upon evidence of satisfactory compliance with this law.

(1) After six (6) months of satisfactory compliance with this law, as determined by

the Department upon a follow-up inspection, the license holder may apply for an

annual license.

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(b) A food service business or prepackaged restaurant that has had its license or license

exemption status suspended or has become subject to a close down order shall not be

entitled to a reimbursement of all or any portion of the licensing fee or fees.

305.10-3. Emergency. The Department may order a close down of a food service business, cottage

food operation and/or prepackaged restaurant immediately on an emergency basis upon evidence

of a serious heath and/or safety threat to the community.

(a) Persons issued a closed down order by the Department as an emergency measure

hereunder must provide evidence of compliance t

This text is long and has been trimmed here. Open the source document for the complete record.

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.