# Oneida Business Committee (2019)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A2825bdb3223b648f

## Record

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

## Text

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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room-2nd Floor Norbert Hill Center
December 4, 2019
9:00 a.m.
I.

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

V.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

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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
I.

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

V.

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

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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.
(c) “Employee” means an individual employed by the Nation, but does not include elected
or appointed officials, or employees of a chartered corporation of the Nation.
(d) “Entity” means a department, enterprise, program, board, committee or commission of
the Nation.
(e) “Employee Assistance Program” means a professional counseling program staffed by
clinical social workers licensed by the State of Wisconsin which offers services to the
Nation’s employees and family members.
(f) “Fleet vehicle” means a vehicle owned or leased by the Nation.
(g) “Moving violation” means any violation of motor vehicle or traffic law that is
committed by the driver of a vehicle while the vehicle is moving. A moving violation does
2 O.C. 210 – Page 1

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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.
(c) Have a driving record that does not reflect any of the following conditions:
(1) Three (3) or more moving violations and/or at-fault motor vehicle crashes in
the past two (2) years; and/or
(2) An operating while intoxicated (OWI), driving under the influence (DUI), or
prohibited alcohol concentration (PAC) citation within the last twelve (12) months.
(d) Complete all driver training requirements imposed by the Nation or any federal or state
agency regulations;
(e) Satisfy any other requirements specific to the job description and/or vehicle that may
be used by or assigned to the person; and
(f) Maintain one (1) of the following minimum insurance requirements for a personal
vehicle if the individual may use his or her personal vehicle to conduct official business:
(1) the individual’s insurance covers:
(A) one hundred thousand dollars ($100,000) per person;
(B) three hundred thousand dollars ($300,000) per motor vehicle crash for
bodily injury; and
(C) twenty-five thousand dollars ($25,000) property damage; or
(2) the individual’s insurance covers two hundred and fifty thousand dollars
($250,000) combined single limit.
210.4-3. The Nation’s Human Resources Department shall be responsible for determining whether
an individual meets all the qualifications before approving or denying a driver certification.
(a) An individual shall provide his or her appropriate license, training certification, and
insurance information to the Human Resources Department.
(b) The Human Resources Department shall have the authority to check the driving record
of an individual at any time.
2 O.C. 210 – Page 2

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(c) The Human Resources Department shall maintain a current list of all certified drivers
and provide the list to Fleet Management, Risk Management, and Central Accounting on a
regular basis.
210.4-4. A supervisor shall ensure that an individual has received his or her driver certification
from the Human Resources Department before allowing the individual to drive a fleet vehicle or a
personal vehicle on official business.
210.5. Responsibilities of a Certified Driver
210.5-1. General Responsibilities. While operating a fleet vehicle or a personal vehicle on official
business, an individual shall:
(a) Abide by all traffic laws;
(b) Wear a seat belt and require any passengers to wear a seat belt at all times;
(c) Not drive while under the influence of prohibited drugs and/or alcohol;
(d) Not drive if impaired by a medical or physical condition or other factor that affects a
driver’s motor skills, reaction time, or concentration;
(e) Not carry a weapon, whether in the open or concealed;
(1) Exemption. An individual who is carrying a weapon in the course of performing
his or her official duties, or is participating in cultural activities or ceremonies is
exempt from this requirement.
(f) Not transport prohibited drugs and/or alcohol;
(1) Exemption. An employee of the Nation who is transporting prohibited drugs
and/or alcohol in the course of performing his or her job duties is exempt from this
requirement.
(g) Not deliver goods or services for personal gain, or operate private pools where the
riders pay the driver; and
(h) Not use electronic devices in an unlawful manner.
210.5-2. Training Responsibilities. An individual with driver certification shall:
(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;
(c) Notify the Fleet Management Department immediately of any problems with a fleet
vehicle that may be a safety or mechanical hazard, or of any incidents that result in the
inability of a fleet vehicle to complete a trip;
(d) Be personally responsible for all traffic citation costs, parking ticket costs, or any
similar expense related to vehicle use;
(e) Use Oneida Retail locations for fueling fleet vehicles, unless the fleet vehicle needs
fuel before it can be taken to an Oneida Retail location;
(f) Not smoke or use electronic smoking devices or permit others to smoke or use
electronic smoking devices in the fleet vehicle; and
(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
(c) Has any impairment by a medical or physical condition or other factor that affects his
or her motor skills, reaction time, or concentration.
210.6. Fleet Vehicles
210.6-1. Fleet Management Department. The Nation’s Fleet Management Department shall
purchase, manage, and monitor the use of the Nation’s fleet vehicles. The Fleet Management
Department’s responsibilities shall include, but are not limited to:
(a) Maintain a list of all fleet vehicles that are available for use, including vehicles
permanently assigned to specific entities of the Nation;
(b) Remove unsafe vehicles from the fleet;
(c) Obtain estimates of and schedule fleet vehicle repairs when necessary;
(d) Install or remove equipment on fleet vehicles;
(e) Ensure the Nation’s logo is on all fleet vehicles; and
(f) Ensure that all fleet vehicles are equipped with a mileage log and an auto incident kit
which contains forms and instructions for reporting any incident.
210.6-2. Automotive Department. The Automotive Department shall service and maintain fleet
vehicles according to factory recommendations, or the maintenance schedule established by the
Automotive Department, whichever is stricter. Any vehicle deemed unsafe by the Automotive
Department shall be reported to the Fleet Management Department.
210.6-3. Risk Management Department. The Risk Management Department shall be responsible
for securing and maintaining insurance coverage for all fleet vehicles. Additional responsibilities
of the Risk Management Department shall include, but is not limited to:
(a) Providing auto insurance identification cards in every fleet vehicle;
(b) Processing all submitted vehicle claims and related information; and
(c) Submitting claims to the insurance company.
210.6-4. Use of a Fleet Vehicle. A fleet vehicle may be permanently assigned to an entity for use
or requested for use on a temporary basis. A fleet vehicle shall be used for conducting official
business of the Nation. When used for travel purposes, a fleet vehicle may also be used for
incidental purposes such as travel to and from lodging and/or meal sites.
(a) Prohibited Use of a Fleet Vehicles. A fleet vehicle shall not be used for any of the
following purposes:
(1) Personal use for non-business purposes;
(2) Towing cargo for personal reasons;
(3) Hauling loads that could structurally damage the vehicle; and/or
(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.
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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.
(c) An entity that is permanently assigned a fleet vehicle is responsible for ensuring that
any individual who drives the vehicle has his or her driver certification.
210.6-6. Temporary Use of a Fleet Vehicle. An individual in an entity that is not permanently
assigned a fleet vehicle may request to use a fleet vehicle for the purpose of conducting official
business by submitting a request to the Fleet Management Department.
(a) Requests for the use of a fleet vehicle shall be made at least one (1) week in advance,
unless urgent circumstances arise.
(b) Before determining whether a fleet vehicle is available, or approving the use of a fleet
vehicle, the Fleet Management Department shall confirm that:
(1) The individual requesting the fleet vehicle has his or her driver certification;
(2) The individual has authorization to use the fleet vehicle from his or her
supervisor, if an employee, or by the individual’s entity, if the individual is an
elected or appointed official of the Nation or volunteer; and
(3) Any passengers are authorized to travel in a fleet vehicle.
(c) The Fleet Management Department may combine vehicle use for travel to the same
destination.
(d) The Fleet Management Department may cancel reservations that are not fulfilled in a
timely manner.
210.6-7. Authorized Passengers. In addition to the employees, elected or appointed officials, or
volunteers who are authorized to use a fleet vehicle, the following individuals shall be authorized
to be a passenger in a fleet vehicle:
(a) Individuals being transported as part of a program or service of the Nation;
(b) Individuals being transported during the normal and ordinary course of representing
and/or conducting business on behalf of the Nation; and/or
(c) Any other individual who is authorized to be a passenger by the Fleet Management
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:
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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
(c) provide the Fleet Management Department and Risk Management Department with a
completed auto incident report by the end of the next business day immediately following
the motor vehicle crash or damage.
210.7-2. Internal Review. The Fleet Management Department and Risk Management Department
shall coordinate and conduct an internal review of the auto incident report for a motor vehicle crash
and/or damage to a vehicle.
(a) Fleet Management and Risk Management may recommend whether an individual
should be subject to disciplinary action based on the motor vehicle crash or incident
resulting in damage to a vehicle.
(b) The internal review shall be completed as soon as possible after a motor vehicle crash
has been reported.
(c) Following an internal review, Fleet Management and Risk Management shall issue a
report. Copies of the report shall be:
(1) provided to the driver, the driver’s supervisor, and the driver’s area manager;
and
(2) provided to the Human Resources Department if the Fleet Management
Department and Risk Management Department recommend disciplinary action.
210.8. Suspension of Driver Certification and Other Enforcement
210.8-1. Suspension of driver certification is the suspension of an individual’s ability to drive a
fleet vehicle or personal vehicle on official business and is not a leave from work. Suspension of
driver certification is non-appealable.
210.8-2. Qualifications for Suspension. A supervisor shall suspend an individual’s driver
certification if the individual’s driver’s license is suspended or revoked by the State or becomes
invalid for any other reason.
(a) 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;
(c) Remove the driving requirement from the job description;
(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;
(c) Driving a fleet vehicle without being certified under the provisions of this law;
(d) Admitting to, or being determined to be, partially or entirely at fault in a motor vehicle
crash involving vehicle damage, property damage, or personal injury; and
(e) Not maintaining the minimum insurance requirements for a personal vehicle.
End.
Adopted BC-06-28-17-C.
Amended BC-__-__-__-__.

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Title 2. Employment - Chapter 210
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VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT
210.1.
210.2.
210.3.
210.4.
210.5.
210.6.
210.7.
210.8.
210.9.

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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
(c) 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. 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.
(c) “Certification” or “certified” means that a driver meets the requirements established by
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.
(c) Have a driving record that does not reflect any of the following conditions:
(1) Three (3) or more moving violations and/or at-fault motor vehicle crashes in
the past two (2) years; and/or
(2) An operating while intoxicated (OWI), driving under the influence (DUI), or
prohibited alcohol concentration (PAC) citation within the last twelve (12) months.
(d) Complete all driver training requirements imposed by the Nation. or any federal or
state agency regulations;
(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
(C) twenty-five thousand dollars ($25,000) property damage; or
(2) the individual’s insurance covers two hundred and fifty thousand dollars
($250,000) combined single limit.
210.4-3. The Nation’s Human Resources
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.
(c) The Human Resources Department shall maintain a current list of all certified drivers
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;
(c) Not drive while under the influence of prohibited drugs and/or alcohol;
(d) Not drive if impaired by a medical or physical condition or other factor that affects a
driver’s motor skills, reaction time, or concentration;
(e) Not carry a weapon, whether in the open or concealed;
(1) Exemption. An individual who is carrying a weapon in the course of performing
his or her official duties, or is participating in cultural activities or ceremonies is
exempt from this requirement.
(f) Not transport prohibited drugs and/or alcohol;
(1) Exemption. An employee of the Nation who is transporting prohibited drugs
and/or alcohol in the course of performing his or her job duties is exempt from this
requirement.
(g) Not deliver goods or services for personal gain, or operate private pools where the
riders pay the driver; and
(h) Not use electronic devices in an unlawful manner.
210.5-2. Training Responsibilities. An individual with 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;
(c) Notify the Fleet Management Department immediately of any problems with a fleet
vehicle that may be a safety or mechanical hazard, or of any incidents that result in the
inability of a fleet vehicle to complete a trip;
(d) Be personally responsible for all traffic citation costs, parking ticket costs, or any
similar expense related to vehicle use;
(e) Use Oneida Retail locations for fueling fleet vehicles, unless the fleet vehicle needs
fuel before it can be taken to an Oneida Retail location;
(f) Not smoke or use electronic smoking devices or permit others to smoke or use
electronic smoking devices in the fleet vehicle; and
(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
(c) Has any impairment by a medical or physical condition or other factor that affects his
or her motor skills, reaction time, or concentration.
210.64‐2. 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;
(c) Participate in motor vehicle crash investigations;
(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;
(c) Process(b) Processing all submitted vehicle claims and related information; and
(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.
(c) An entity that is permanently assigned a fleet vehicle is responsible for ensuring that
any individual who drives the vehicle has his or her driver certification.
210.6-6. Temporary Use
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;
(c) Notify supervisors immediately of
(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.
(c) Ensure all motor vehicle crashes and damages are reported in accordance with this law.
(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.
(c) Wear seat belts and require passengers to wear seat belts at all times.
(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
(C) Communication equipment used while performing services for the
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.
(c) The Fleet Management Department may combine vehicle use for travel to the same
destination.
(d) The Fleet Management Department may cancel reservations that are not fulfilled in a
timely manner 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.
(c) Before approving the use of a permanently assigned Tribal vehicle by any driver; the
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.
(c) Be personally responsible for all traffic citation costs, parking ticket costs or any similar
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.
(c) Towing cargo for personal reasons.
(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.
(c) Hold a valid, non-probationary Wisconsin driver’s license and provide proof of such
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.
(C) Drivers shall be paid their regular wage for all required training.
(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
(C) twenty-five thousand dollars ($25,000) property damage.
(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
(c) provide the Fleet Management Department and Risk Management Department with a
completed auto incident report by the end of the next business day immediately following
the motor vehicle crash or damage.
(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.
(c) Following an internal review, Fleet Management and Risk Management shall issue an
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;
(c) Remove the driving requirement from the job description;
(d) Place the individual on unpaid leave until the individual obtains his or her driver
certification; or
(e) Terminate the individual because a valid driver’s license is an essential requirement of
the position.
210.8-6. Reinstatement of Driver Certification. An individual may have his or her driver
certification reinstated upon a review by the Human Resources Department that the individual
again meets all the qualifications for driver certification provided for in section 210.4-2.
210.8-7. Other Enforcement Actions. A supervisor may take disciplinary action against an
individual in accordance with the Nation’s laws and policies governing employment if the
individual is an employee, or in accordance with the laws and policies of the Nation governing
sanctions and penalties if the individual is an elected or appointed official of the Nation, for any
of the following actions:
(a) Failing to comply with any provision of this law;
(b) Failing to complete any applicable driver training requirements;
(c) Driving a fleet vehicle without being certified under the provisions of this law;
(d) Admitting to, or being determined to be, partially or entirely at fault in a motor vehicle
crash involving vehicle damage, property damage, or personal injury, 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.
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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.
(C) A driver’s driving privileges shall automatically be reinstated after the
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.
(c) Supervisors who fail to uphold this law may face disciplinary action, in accordance with
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.
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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.
(c) The third time a driver has his or her vehicle driver certification suspended, the
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
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(2) verify the written proof of insurance submitted by the individual, provided it
meets the requirements of this law.
(c) If the individual passes the driving record check and his or her proof of insurance is
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

Related
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.

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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
18 years or older
License Status
Possess valid, nonPossess valid Wisconsin
probationary Wisconsin
Driver’s License.
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;
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.”
o



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
o







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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

No

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.

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 b

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A2825bdb3223b648f. Public record. Not legal advice.