Oneida Business Committee (2024)

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Public Packet

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Oneida Business Committee

Executive Session

8:30 AM Tuesday, September 24, 2024

BC Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, September 25, 2024

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 1st floor, Norbert Hill

Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to

change.

CALL TO ORDER

II.

OPENING

Special recognition for years of service - JoAnne King

Sponsor: Mark W. Powless, General Manager

III.

ADOPT THE AGENDA

IV.

MINUTES

Approve the September 11, 2024, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

RESOLUTIONS

Adopt resolution entitled Tribal Tourism Grant Application

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Amendment to BC Resolution 08-25-21-D Obligation for

CIP #21-111, Multi-Family Housing, Utilizing American Rescue Plan Act of 2021

Federal Relief Funds

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Amendments to the Vehicle Driver Certification and Fleet

Management Law

Sponsor: Jameson Wilson, Councilman

Oneida Business Committee

Regular Meeting Agenda

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September 25, 2024

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VI.

Adopt resolution entitled Safe Shelter donation for $15,000 from the Economic,

Development, Diversification and Community Development Fund

Sponsor: Justin Nishimoto, Economic Strategy Coordinator

STANDING COMMITTEES

FINANCE COMMITTEE

Accept the August 15, 2024, regular Finance Committee meeting minutes

Sponsor: Lawrence Barton, Treasurer

Accept the August 29, 2024, regular Finance Committee meeting minutes

Sponsor: Lawrence Barton, Treasurer

LEGISLATIVE OPERATING COMMITTEE

VII.

TABLED BUSINESS

VIII.

Adopt resolution entitled Affordable Home Ownership Strategy

Sponsor: Jo Anne House, Chief Counsel

TRAVEL REPORTS

IX.

Accept the September 4, 2024, regular Legislative Operating Committee

meeting minutes

Sponsor: Jameson Wilson, Councilman

Approve the travel report - Vice-Chairman Brandon Yellowbird-Stevens and

Councilman Kirby Metoxen - Democratic National Convention - Chicago, IL - August

19-22, 2024

Sponsor: Brandon Yellowbird-Stevens, Vice-Chairman, Kirby Metoxen, Councilman

TRAVEL REQUESTS

Approve the travel request - Councilman Jonas Hill - Tribal Nations Resiliency

Conference - Box Elder, SD - October 8-11, 2024

Sponsor: Jonas Hill, Councilman

Approve the travel request - Councilman Kirby Metoxen - Native American Tourism,

of WI and Great Lakes Inter-Tribal Council Meeting - Milwaukee, WI - October 9-10,

2024

Sponsor: Kirby Metoxen, Councilman

Approve the travel request - Councilman Jameson Wilson - 2025 Reservation

Economic Summit - Las Vegas, NV - March 9-14, 2025

Sponsor: Jameson Wilson, Councilman

Oneida Business Committee

Regular Meeting Agenda

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September 25, 2024

Public Packet

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NEW BUSINESS

Approve seven (7) actions regarding the Tribal Contribution Savings report

Sponsor: Lisa Liggins, Secretary

Approve an exception to BC resolution # 04-08-20-K for CIP #15-001 Oneida

Community Cannery

Sponsor: Mark W. Powless, General Manager

Defer the initial report regarding GWA payments to the October 9, 2024, regular

Business Committee meeting

Sponsor: Lisa Liggins, Secretary

Approve the U.S. Indian Health Service-Bemidji Area - Oneida Nation Buyback for

HIM Billing/Coding Review FY-2025 - file # 2024-1035,

Sponsor: Melinda J. Danforth, Intergovernmental Affairs Director

GENERAL TRIBAL COUNCIL

XII.

Cancel the tentatively scheduled special General Tribal Council meeting on

November 4, 2024

Sponsor: Lisa Liggins, Secretary

EXECUTIVE SESSION

REPORTS

Accept the General Manager report (8:30 a.m.)

Sponsor: Mark W. Powless, General Manager

Defer the Treasurer Report September 2024 to the October 9, 2024, Business

Committee meeting

Sponsor: Lawrence Barton, Treasurer

Accept the Intergovernmental Affairs and Self-Governance September 2024

report

Sponsor: Melinda J. Danforth, Intergovernmental Affairs Director

AUDIT COMMITTEE

Accept the July 16, 2024, regular Audit Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Accept the Craps Rules of Play compliance audit and lift the confidentiality

requirement

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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September 25, 2024

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XIII.

Accept the Mississippi Stud Rules of Play compliance audit and lift the

confidentiality requirement

Sponsor: Lisa Liggins, Secretary

Accept the Card Games and Poker Rules of Play compliance audit and lift the

confidentiality requirement

Sponsor: Lisa Liggins, Secretary

NEW BUSINESS (8:30 a.m.)

Accept the July 3, 2024, Business Committee Officers session notes

Sponsor: Lisa Summers, OBC Area Manager

Accept the September 4, 2024. Business Committee Officers session notes

Sponsor: Lisa Summers, OBC Area Manager

Adopt resolution entitled Approval of FY 2025 Annual Limited Waiver of

Sovereign Immunity for Real Estate Transactions Insured by First American

Title Insurance Company

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Self-Governance FY 2024-2028 Multi-Year Funding

Agreement between the Oneida Nation and U.S. Department of Health and

Human Services

Sponsor: Melinda J. Danforth, Intergovernmental Affairs Director

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Government Administrative Office at (920) 869-4364 or

(800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

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September 25, 2024

Public Packet

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Approve the September 11, 2024, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

09/25/24

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☐ Not Applicable

☐ Budgeted – Grant Funded ☒ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

BPIGMAN

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DRAFT

Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, September 11, 2024

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

REGULAR MEETING

Present: Vice-Chairman Brandon Yellowbird-Stevens, Treasurer Lawrence Barton, Secretary Lisa

Liggins, Council members: Jonas Hill, Kirby Metoxen, Marlon Skenandore, Jameson Wilson;

Not Present: Chairman Tehassi Hill, Councilwoman Jennifer Webster;

Arrived at: n/a

Others present: Jo A. House, RaLinda Ninham-Lamberies, Mark W. Powless, Todd Vanden Heuvel (via

Microsoft Teams1), Lisa Summers (via Microsoft Teams), Katsitisyo Danforth (via Microsoft Teams),

Melanie Burkhart (via Microsoft Teams), Justin Nishimoto (via Microsoft Teams), Melinda J Danforth (via

Microsoft Teams), Clorissa Leeman (via Microsoft Teams), Grace Elliott (via Microsoft Teams), Sidney

White (via Microsoft Teams), Melissa Alvarado (via Microsoft Teams), Maureen Metoxen (via Microsoft

Teams), Derick Denny (via Microsoft Teams), Carolyn Salutz (via Microsoft Teams), Nicole Rommel (via

Microsoft Teams), Michelle Hill (via Microsoft Teams), Patricia King (via Microsoft Teams), Stacie

Cutbank (via Microsoft Teams), Joyce King (via Microsoft Teams), Danelle Wilson (via Microsoft Teams),

Fawn Billie (via Microsoft Teams), Fawn Cottrell (via Microsoft Teams), Janice Decorah (via Microsoft

Teams), Maureen Perkins (via Microsoft Teams), David Jordan (via Microsoft Teams), Kristal Hill (via

Microsoft Teams), Debbie Melchert (via Microsoft Teams), Rae Skenandore (via Microsoft Teams), Lori

Hill (via Microsoft Teams), Tavia James-Charles (via Microsoft Teams), Brooke Doxtator (via Microsoft

Teams), Shannon Davis (via Microsoft Teams), Amber Martinez (via Microsoft Teams), Carol Silva (via

Microsoft Teams), Mary Graves (via Microsoft Teams), Tracy Metoxen (via Microsoft Teams), Pearl

Webster (via Microsoft Teams), Jeanette Ninham (via Microsoft Teams), Gina Powless-Buenrostro (via

Microsoft Teams), Candace House (via Microsoft Teams), Connor Kestell (via Microsoft Teams),

Winnifred Thomas, Barbara Cornelius, Edward Delgado, Lynn Metoxen, Russell Metoxen, Frederick

Muscavitch, Garth Webster, Teresa Schuman, Nancy Barton, Marie Cornelius, Jennifer Hill-Kelley,

Jeremy King, Michelle Braaten, Reynold Danforth, Debbie Thundercloud, Kimberly SkenandoreGoodrich, Mark Powless, Neoma Orsburn, Billie Jo Cornelius-Adkins, Gerald Hill, Linda Dallas, Cathy L

Metoxen, Melissa Skenandore, Jeff House, Arlinda Locklear (via Microsoft Teams), James Bittorf (via

Microsoft Teams), Louise Cornelius, Chad Fuss, Bonnie Pigman (via Microsoft Teams)

CALL TO ORDER

Meeting called to order by Vice-Chairman Brandon Yellowbird-Stevens at 8:32 a.m.

For the record: Chairman Tehassi Hill is out on vacation. Councilwoman Jennifer Webster is out on

approved travel to attend the Health and Human Services Secretary's Tribal Advisory Committee in

Portland, OR - September 9-13, 2024.

II.

OPENING (00:00:22)

Opening provided by Councilman Kirby Metoxen.

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

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DRAFT

III. ADOPT THE AGENDA (00:00:48)

Motion by Kirby Metoxen to adopt the agenda with four (4) additions and two (2) deletions [1) under the

Oath of Office section, add item entitled Oneida Election Board Ad-Hoc Committee - Nancy Barton; 2)

under the Resolutions section, add item Adopt resolution entitled Authorization to Open an Operating

Bank Account for the Oneida Hotel; 3) add section entitled General Tribal Council and add item entitled

Accept the fiscal impact statement - petition # 2024-02; 4) under the General Tribal Council section,

add item entitled Approve the notice and materials for the October 23, 2024, tentatively scheduled

General Tribal Council meeting; 5) under the Resolutions section, delete item VI.C. Adopt resolution

entitled Continued Support for the Tribal Elder Food Box Program; and 6) under the Travel Requests

section, delete item VII.A. Approve the travel request - Marlon Skenandore - WhyHunger Midwest

Cohort Gathering 2024 - Columbus, OH - October 17-18, 2024], seconded by Jameson Wilson. Motion

carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

IV.

OATH OF OFFICE

Oaths of office administered by Secretary Lisa Liggins. Lynn Metoxen, Billie Jo Cornelius-Adkins,

Gerald Hill, Linda Dallas, Teresa Schuman, Jeremy King, Chris Cornelius, Deborah Thundercloud,

Ethel Marie Cornelius, Russell Metoxen Jr., Frederick Muscavitch, Cathy Metoxen, Neoma Orsburn,

Melissa Skenandore, Jennifer Hill-Kelley, Kimberly Skenandore-Goodrich were present. Jeanette

Ninham, Candace House, Gina Buenrostro-Powless, Pearl Webster, Tracy Metoxen were present via

Microsoft Teams.

Anna John Resident Centered Care Community Board - Lynn Metoxen, Jeanette

Ninham (00:02:43)

Sponsor: Lisa Liggins, Secretary

Legal Resource Center - Billie Jo Cornelius-Adkins and Gerald Hill

Sponsor: Lisa Liggins, Secretary

Oneida Election Board - Linda Dallas, Candace House, Teresa Schuman

Sponsor: Lisa Liggins, Secretary

Oneida Gaming Commission - Jeremy King

Sponsor: Lisa Liggins, Secretary

Oneida Land Claims Commission - Chris Cornelius, Candace House, Deborah

Thundercloud

Sponsor: Lisa Liggins, Secretary

Oneida Land Commission - Gina Buenrostro Powless, Ethel Marie Cornelius,

Russell Metoxen Jr., and Frederick Muscavitch

Sponsor: Lisa Liggins, Secretary

Oneida Nation Commission on Aging - Cathy Metoxen, Neoma Orsburn, and Pearl

Webster

Sponsor: Lisa Liggins, Secretary

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DRAFT

Oneida Nation School Board - Tracy Metoxen, Teresa Schuman, and Melissa

Skenandore

Sponsor: Lisa Liggins, Secretary

Oneida Trust Enrollment Committee - Jennifer Hill-Kelley, Tracy Metoxen, and

Teresa Schuman

Sponsor: Lisa Liggins, Secretary

Pardon and Forgiveness Screening Committee - Kimberly Skenandore-Goodrich

Sponsor: Lisa Liggins, Secretary

Oneida Election Board Ad-Hoc Committee - Nancy Barton

Sponsor: Lisa Liggins, Secretary

MINUTES

Approve the August 28, 2024, regular Business Committee meeting minutes

(00:18:41)

Sponsor: Lisa Liggins, Secretary

Motion by Jonas Hill to approve the August 28, 2024, regular Business Committee meeting minutes,

seconded by Lawrence Barton. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

VI.

RESOLUTIONS

Adopt resolution entitled Authorizing Participation in the U.S. Department of

Transportation Tribal Transportation Self-Governance Program (00:19:10)

Sponsor: Melinda J. Danforth, Intergovernmental Affairs Director

Motion by Lawrence Barton to adopt resolution 09-11-24-A Authorizing Participation in the U.S.

Department of Transportation Tribal Transportation Self-Governance Program, seconded by Kirby

Metoxen. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

Adopt resolution entitled Digital Equity Competitive Grant Program Application

(00:21:05)

Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to adopt resolution 09-11-24-B Digital Equity Competitive Grant Program

Application, with one (1) correction [add “Application” to the end of line 1], seconded by Marlon

Skenandore. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

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DRAFT

Adopt resolution entitled Authorizing Use of Carry Over Funds for Capital

Expenditures for Oneida Hotel Prior to Consolidation (00:21:50)

Sponsor: Louise Cornelius, Gaming General Manager

Motion by Lawrence Barton to adopt resolution 09-11-24-C Authorizing Use of Carry Over Funds for

Capital Expenditures for Oneida Hotel Prior to Consolidation, seconded by Jameson Wilson. Motion

carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

Adopt resolution entitled Continuing to Operate Fiscal Year 2025 (00:27:36)

Sponsor: Lawrence Barton, Treasurer

Motion by Lisa Liggins to adopt resolution 09-11-24-D Continuing to Operate Fiscal Year 2025,

seconded by Jonas Hill. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

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DRAFT

Adopt resolution entitled Affordable Home Ownership Strategy (00:31:31)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lawrence Barton to table this item, seconded by Jonas Hill. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

For the record: Secretary Lisa Liggins stated, On July 10th the General Manager and the

Comprehensive Housing Division presented the “Affordable Home Ownership Strategy” to the Oneida

Business Committee which contained four (4) parts; a budget request specifically for Comprehensive

Housing Division’s in house revolving home program to assist with Homeownership by Independent

Purchase Program (HIPP) and For Sale by Owner Program; collaboration with the [Oneida] Land

Commission to purchase ready to sell homes for the Residential Sales Program; collaboration with

internal areas to revamp and create a successful Home Building Opportunity Program (HBO) that

prepares and provides Oneida members with vacant lots to build homes; and collaboration with Bay

Bank to administer the construction loan program on behalf of the Division, in which the Nation

guarantees the construction loan. The areas completed the directive as requested. Additional direction

was given for the Law Office to work with Finance to identify funds to fund the $8 million dollars that

was requested and required to make this Affordable Home Ownership Strategy a success and that

was what was completed today so therefore I oppose the tabling of this resolution. Thank you.

For the record: Councilman Jameson Wilson stated, Mine was more along the lines of the conclusion

of the statement of effect as the resolution, as is, directs the General Manager to create rules for

mortgage programs which include requirements specific to the Veterans Housing Programs among

other loan recipients. The Business Committee does not have authority to delegate that type of

authority to the General Manager and those authorities would actually lie within the, for that law, with

the Comprehensive Housing Division and Land Management. and Land Commission. If the resolution

were restated to reflect “monitoring”, have General Manager monitor the administrative rulemaking

authority that’s delegated to those affected entities, then I think we would be in compliance. But as the

Legislative Operating Committee Chairman that’s why I decided to support the tabling of the item.

Thank you.

For the record: Vice-Chairman Brandon Yellowbird-Stevens stated, I believe if we’re able to have

discussion on the resolution, I think we could have rectified all of that. Have the conversation, talk

about it, and make motions to that effect. That’s why, I am not in a position to vote, but my counsel

would have said, “talk about the issues, get a better understanding of what we need to see coming

back here to this table if the resolution wasn’t ready”. Simply tabling an item doesn’t allow for that,

that’s why I would have pressed to just to talk about it and could have brought it back in 30 days.

Adopt resolution entitled Authorization to Open an Operating Bank Account for

the Oneida Hotel (00:44:35)

Sponsor: Louise Cornelius, Gaming General Manager

Motion by Lawrence Barton to adopt resolution 09-11-24-E Authorization to Open an Operating Bank

Account for the Oneida Hotel, seconded by Lisa Liggins. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

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DRAFT

VII.

APPOINTMENTS

Post one (1) vacancy - Southeastern Wisconsin Oneida Tribal Services Advisory

Board (00:58:07)

Sponsor: Lisa Liggins, Secretary

Motion by Lawrence Barton to post one (1) vacancy on the Southeastern Wisconsin Oneida Tribal

Advisory Board in accordance with § 105.7-1(c)(2), seconded by Jonas Hill. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

IX.

NEW BUSINESS

Councilman Kirby Metoxen left at 9:56 a.m.

Councilman Kirby Metoxen returned at 9:58 a.m.

Rescind BC resolution # 04-08-20-K Appointing Oneida ESC Group LLC as

Nation’s General Contractor for Construction Projects (00:58:30)

Sponsor: Lawrence Barton, Treasurer

Motion by Lawrence Barton to rescind BC resolution # 04-08-20-K Appointing Oneida ESC Group LLC

as Nation's General Contractor for Construction Projects, as amended, seconded by Jonas Hill. Motion

carried:

Ayes:

Lisa Liggins, Kirby Metoxen, Marlon Skenandore, Jameson Wilson

Opposed:

Lawrence Barton

Abstained:

Jonas Hill

Not Present:

Tehassi Hill, Jennifer Webster

Amendment to the main motion by Jameson Wilson to not rescind BC resolution # 04-08-20-K

Appointing Oneida ESC Group LLC as Nation's General Contractor for Construction Projects and

forward to a Business Committee work session for further discussion, seconded by Kirby Metoxen.

Motion carried:

Ayes:

Lisa Liggins, Kirby Metoxen, Marlon Skenandore, Jameson Wilson,

Opposed:

Lawrence Barton

Abstained:

Jonas Hill

Not Present:

Tehassi Hill, Jennifer Webster

Councilman Marlon Skenandore left at 10:18 a.m.

Enter the e-poll results into the record regarding the approved Selection Criteria

for the Oneida Head Start Program (01:47:59)

Sponsor: Lisa Liggins, Secretary

Motion by Jonas Hill to enter the e-poll results into the record regarding the approved Selection Criteria

for the Oneida Head Start Program, seconded by Lisa Liggins. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Jameson

Wilson

Not Present:

Tehassi Hill, Marlon Skenandore, Jennifer Webster

Councilman Marlon Skenandore returned at 10:20 a.m.

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DRAFT

GENERAL TRIBAL COUNCIL

PETITIONER LINDSEY BLACKOWL – New Recreation/Community Center Build petition # 2024-02

Accept the fiscal impact statement regarding petition # 2024-02 (01:48:24)

Sponsor: Lawrence Barton, Treasurer

Motion by Lisa Liggins to accept the fiscal impact statement regarding petition # 2024-02, seconded by

Jonas Hill. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

Approve the notice and material for the October 23, 2024, tentatively scheduled

special General Tribal Council meeting (01:50:02)

Sponsor: Lawrence Barton, Treasurer

Motion by Lisa Liggins to approve the notice and material for the October 23, 2024, tentatively

scheduled special General Tribal Council meeting with one (1) noted change to include a

memorandum from the Budget Manager regarding Tribal Member access to the full budget, seconded

by Jonas Hill. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

The Oneida Business Committee, by consensus, took a five (5) minute recess at 10:37 a.m.

XI.

EXECUTIVE SESSION (01:58:23)

Motion by Lawrence Barton to go into executive session at 10:42 a.m., seconded by Jonas Hill. Motion

carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

Motion by Lawrence Barton to come out of executive session at 1:07 p.m., seconded by Jameson

Wilson. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

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DRAFT

REPORTS

Accept the Hotel to Gaming Transition Committee September 2024 report

(01:58:54)

Sponsor: Louise Cornelius, Gaming General Manager

Motion by Lisa Liggins to accept the Hotel to Gaming Transition Committee September 2024 report,

seconded by Jameson Wilson. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

Accept the General Manager report (01:59:16)

Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to accept the General Manager report, seconded by Lawrence Barton. Motion

carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

Accept the Chief Counsel report (01:59:55)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lisa Liggins to accept the Chief Counsel report, to approve the correspondence regarding

the September 8, 2024, special General Tribal Council meeting outcomes, and approve the

recommendations in the September 3, 2024, memorandum, seconded by Marlon Skenandore. Motion

carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

XII.

ADJOURN (02:00:27)

Motion by Lawrence Barton to adjourn at 1:08 p.m., seconded by Jameson Wilson. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon

Skenandore, Jameson Wilson

Not Present:

Tehassi Hill, Jennifer Webster

Minutes prepared by Bonnie Pigman, Information Management Specialist.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

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September 11, 2024

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Adopt resolution entitled Tribal Tourism Grant Application

Business Committee Agenda Request

1. Meeting Date Requested:

09/25/24

2. Session:

Open

Executive

must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

Accept as information; OR

Enter the requested motion related to this item.

4. Areas potentially impacted or affected by this request:

Finance

Programs/Services

Law Office

DTS

Gaming/Retail

Boards, Committees, or Commissions

Other: Tourism

5. Additional attendees needed for this request:

Mark W. Powless, General Manager

Michelle Danforth-Anderson, Marketing & Tourism Director

Name, Title/Entity OR Choose from List

Revised: 08/25/2023

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6. Supporting Documents:

Bylaws

Fiscal Impact Statement

Presentation

Contract Document(s)

Law

Report

Correspondence

Legal Review

Resolution

Draft GTC Notice

Minutes

Rule (adoption packet)

Draft GTC Packet

MOU/MOA

Statement of Effect

E-poll results/back-up

Petition

Travel Documents

Other: Memo

7. Budget Information:

Budgeted

Tribal Contribution

Unbudgeted

Budgeted

Grant Funded

Not Applicable

Other: Describe

8. Submission:

Authorized Sponsor:

Mark W. Powless, General Manager

Primary Requestor:

Michelle Danforth-Anderson, Marketing & Tourism Director

Revised: 08/25/2023

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Date: September 17, 2024

To:

Tribal Secretary

From: Donald Miller, Grants Office

Re:

Request: Resolution - “Tribal Tourism Grant Application”

______________________________________________________________________________

Good day,

The nature of this request is for a Business Committee resolution authorizing Tourism’s grant

application for the BIA – Tribal Tourism Grant Program. The purpose of this grant is to support

Tribal efforts to educate the community about the Tribes history and culture and to support

tourism related economic development. The grant in question will have a value of between

$75,000 and $150,000. The grant will be for a one-time infusion of cash to kick-off or continue

an existing Tribal tourism effort.

This grant is due on October 25, 2024.

We respectfully request authorization to submit this resolution to the Business Committee for

their consideration.

Thank you

If there are further questions, please contact:

Don Miller

920-496-7329

Dmiller1@oneidanation.org

Public Packet

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Public Packet

18 of 166

signed by Mark W. Powless

Mark W. Powless Digitally

Date: 2024.09.06 10:12:06 -05'00'

9/7/2024

Public Packet

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 09-25-24-X

Tribal Tourism Grant Application

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

To educate the public about the culture of the Oneida Nation in Wisconsin, the Oneida

community has maintained a tourism program focused on sharing our history and cultural

ways (Tsi? Niyukwaliohota) with others; and

WHEREAS,

The Oneida Nation has a long history of sharing the Oneida Nation’s history and

celebrating the part it has played in the development and freedom of the United States both

as a part of this nation and as active defenders of it; and

WHEREAS,

The Department of the Interior – Bureau of Indian affairs is offering a grant opportunity

intended to support Tribal efforts to educate the public about their culture, history, and to

promote economic development through the use of tourism; and

WHEREAS,

The grant offered by the BIA does not require the commitment of Tribal funds to the project

and/or program; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee authorizes and supports the

application by the Oneida Tourism department for the Bureau of Indian Affairs Tribal Tourism Grant.

Public Packet

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Adopt resolution entitled Amendment to BC Resolution 08-25-21-D Obligation for CIP #21-111,...

Business Committee Agenda Request

1. Meeting Date Requested:

09/25/24

2. Session:

‫ ܈‬Open

‫ ܆‬Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

‫ ܆‬Accept as information; OR

Action noted on attached memo.

4. Areas potentially impacted or affected by this request:

‫ ܈‬Finance

‫ ܆‬Law Office

‫ ܆‬Gaming/Retail

‫ ܆‬Other: Describe

‫ ܈‬Programs/Services

‫ ܆‬DTS

‫ ܆‬Boards, Committees, or Commissions

5. Additional attendees needed for this request:

Lisa Rauschenbach – CHD Director

Name, Title/Entity OR Choose from List

Revised: 08/25/2023

Page 1 of 2

Public Packet

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6. Supporting Documents:

‫ ܆‬Bylaws

‫ ܆‬Contract Document(s)

‫ ܈‬Correspondence

‫ ܆‬Draft GTC Notice

‫ ܆‬Draft GTC Packet

‫ ܆‬E-poll results/back-up

‫ ܆‬Other: Describe

‫ ܆‬Fiscal Impact Statement

‫ ܆‬Law

‫ ܆‬Legal Review

‫ ܆‬Minutes

‫ ܆‬MOU/MOA

‫ ܆‬Petition

‫ ܆‬Presentation

‫ ܆‬Report

‫ ܈‬Resolution

‫ ܆‬Rule (adoption packet)

‫ ܈‬Statement of Effect

‫ ܆‬Travel Documents

7. Budget Information:

‫ ܈‬Budgeted – Tribal Contribution

‫ ܆‬Unbudgeted

‫ ܆‬Other: Describe

8. Submission:

‫ ܆‬Budgeted – Grant Funded

‫ ܆‬Not Applicable

signed by Mark W. Powless

Mark W. Powless Digitally

Date: 2024.09.17 15:49:22 -05'00'

Authorized Sponsor:

Mark W. Powless, General Manager

Primary Requestor:

Paul J. Witek – Engineering Director/Senior Architect

Revised: 08/25/2023

Page 2 of 2

Public Packet

22 of 166

Engineering Department

Division of Public Works

September 17, 2024

Business Committee Agenda Request - Memo

Project No.:

21-111

Project Title: Multi-Family Housing

Purpose:

The project team is seeking an amendment to BC Resolution #08-25-21-D to change the project

conclusion date from September 30, 2024, to December 31, 2025 and clarify the funding source

title.

Background:

The approved project is to develop a total of 12 apartment units (2 buildings with 6 units per

building) with a mixture of two and three bedroom units to address the housing needs of the

Oneida Community.

The Business Committee approved Resolution # 08-25-21-D Obligation for CIP #21-111, MultiFamily Housing, Utilizing American Rescue Plan Act of 2021 Federal Relief Funds (aka: Tribal

Contribution Savings funds), for the purpose of funding for this project.

The project is under construction, and the time extension is needed to complete the

construction phase.

Attachments:

BC Resolution # 08-25-21-D Obligation for CIP #21-111, Multi-Family Housing, Utilizing

American Rescue Plan Act of 2021 Federal Relief Funds.

Draft Amendment to BC Resolution # 08-25-21-D.

Statement of Effect.

N7332 Water Circle Place • P.O. Box 365 • Oneida, WI 54155

oneida-nsn.gov

Public Packet

Action Requested:

1. Approval of Amendment to BC Resolution # 08-25-21-D.

2 of 2

G:\ENG\Projects\21-111 Multi-Family\Tribal Approvals\21-111 Memo - BC Agenda Request.docx

23 of 166

Public Packet

24 of 166

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 08-25-21-D

Obligation for CIP #21-111, Multi-Family Housing, Utilizing American Rescue Plan Act of 2021

Federal Relief Funds

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Nation has received federal funds through the American Rescue Plan Act of

2021 (ARPA) funds to address matters arising out of the COVID-19 pandemic; and

WHEREAS,

the Oneida Business Committee has approved application of ARPA funds to lost revenue

and allocation of tribal funds to the ARPA Federal Rescue Funds to investments in the

“Lost Revenue” line (ARPA FRF LRi) in the Investment Report;

WHEREAS,

the Oneida Business Committee has determined that these funds should be used as set

out in resolution # BC-06-09-21-B, as amended by resolution # BC-06-23-21-C which

designates percentage allocations of ARPA FRF LR to eight areas of use (percentages

rounded) –

x Direct Membership Assistance, 45% of funds;

x Housing, 17% of funds;

x Food and Agriculture, 12% of funds;

x Education, 6% of funds;

x Culture and Language, 10% of funds;

x Revenue Generations, 2% of funds;

x Government Roles and Responsibilities, 3% of funds;

x Overall Priority – Land, Infrastructure, Sovereignty, 5% of funds; and

WHEREAS,

CIP #21-111 is a construction project to build apartments made up of two- and threebedroom units; and

WHEREAS,

the Project Owner for the proposed project is requesting $7,367,335.72 million obligated

from the ARPA FRF LR, Housing category; and

WHEREAS,

this project will be concluded no later than September 30, 2024; and

WHEREAS,

the Oneida Business Committee has reviewed the proposed project; and

Public Packet

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BC Resolution # 08-25-21-D

Obligation for CIP #21-111, Multi-Family Housing, Utilizing American Rescue Plan Act of 2021

Federal Relief Funds

Page 2 of 2

NOW THEREFORE BE IT RESOLVED, that CIP #21-111, Multi-Family Housing project, in the amount of

$7,367,335.72 million from ARPA FRF LR, Housing category with Mark W. Powless, General Manager,

assigned as the Project Owner.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 9 members

were present at a meeting duly called, noticed and held on the 25th day of August, 2021; that the forgoing

resolution was duly adopted at such meeting by a vote of 8 members for, 0 members against, and 0

members not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Liggins, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."

i ARPA FRF LR as utilized in this resolution refers to Tribal Contribution Savings

Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Amendment to BC Resolution # 08-25-21-D Obligation for CIP #21-111, Multi-Family Housing,

Utilizing American Rescue Plan Act of 2021 Federal Relief Funds

Summary

The resolution amends resolution BC-08-25-21- D, Obligation for CIP #21-111, Multi-Family

Housing, Utilizing American Rescue Plan Act of 2021 Federal Relief Funds, to extend the date in

which the project needs to be completed by from September 30, 2024, to December 31, 2025.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: August 20, 2024

Analysis by the Legislative Reference Office

The Oneida Nation received federal funds through the American Rescue Plan Act of 2021 (ARPA)

funds to address matters arising out of the COVID-19 pandemic. The Oneida Business Committee

has approved application of ARPA funds to lost revenue and allocation of tribal funds to the ARPA

Federal Rescue Funds to investments in the “Lost Revenue” line (ARPA FRF LR) in the

Investment Report. The savings from the application of these funds has resulted in tribal funds

being placed in the line “Tribal Contribution Savings” in the Investment Report presented in the

Treasurer’s Report” The Oneida Business Committee determined that these funds should be used

as set out in resolution BC-06-09-21-B, Setting Goals for Application of Funding from the

American Rescue Plan Act of 2021 to Direct Support to Individuals, Families, Community and the

Oneida Nation, as amended by resolution BC-06-23-21-C, Amendment # 1 to the American Rescue

Plan Act of 2021 Investment Allocation to Direct Membership Assistance.

After the adoption of resolution BC-06-09-21-B, the Oneida Business Committee received

information which indicated that there was a more immediate need to address the pandemic’s

twelve (12) to fifteen (15) month negative impact on the membership’s access to jobs, education,

healthcare, and housing. The Oneida Business Committee then adopted resolution BC-06-23-21C, Amendment # 1 to the American Rescue Plan Act of 2021 Investment Allocation to Direct

Membership Assistance, which amended resolution BC-06-09-21-B to reflect its decision, which,

more specifically, was to apply the 45% Direct Membership Assistance payment of three thousand

dollars ($3,000) in the current fiscal year, with any remaining funds after the payment to be

allocated in Fiscal Years 2022 and 2023. Additionally, resolution BC-06-23-21-C provided

clarification on the eligibility for membership assistance general welfare exclusion payments,

application period, obligation, and ability to approve projects across fiscal years; and directed that

the allocations be reviewed at least each fiscal year to determine whether modifications should be

made. The work sheet that was attached to resolution BC-06-09-21-B was also deleted by

resolution BC-06-23-21-C and replaced with the work sheet attached thereto, entitled, American

Recovery Plan Act – FRF; Lost Revenue; ARPA FRF LR Investments – Updated June 23, 2021.

Page 1 of 2

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The Oneida Business Committee was then presented with recommended amendments to the

processes based on implementation of the June 2021 resolutions, application of ARPA FRF

through the lost revenue formula, identification of direct use and Tribal Contribution Savings. The

Oneida Business Committee reviewed the recommendations and determined that the

recommended amendments offer clarification in the processes and provide reporting at intervals

that will keep all parties informed on the status of approved projects. The Oneida Business

Committee then adopted resolution BC-03-30-22-A, Updating Tribal Contribution Savings

Processes and Allocations, which superseded the processes identified in Resolve #6 of resolution

BC-06-09-21-B, as amended by Resolve #2 of resolution BC-06-23-21-C and adopted a new

project approval process which was to be supplemented with needed Standard Operating

Procedures approved by the FRF Program Office.

Resolution BC-03-30-22-A had certain responsibilities delegated to the Strategic Planner. For the

2023-2026 term the Oneida Business Committee has removed the Strategic Planner from the

approved positions for the support of the Oneida Business Committee. The Oneida Business

Committee has identified a need to amend the reporting process and provide the membership

reporting on the status of the TC Savings projects funds.

Through the adoption of resolution BC-05-22-24-A, Amending BC Resolution 03-30-22-A

Updating Tribal Contribution Savings Processes and Allocations, the Oneida Business Committee

updated the reporting process identified in resolution BC 03-30-22-A.

The Oneida Business Committee adopted resolution BC-08-25-21-D, Obligation for CIP #21-111,

Multi-Family Housing, Utilizing American Rescue Plan Act of 2021 Federal Relief Funds, which

approved CIP #21-111, Multi-Family Housing project, in the amount of $7,367,335.72 million

from ARPA FRF LR, Housing category with Mark W. Powless, General Manager, assigned as the

Project Owner. Resolution BC-08-25-21-D was exempt from the statement of effect requirement

in accordance with resolution BC-07-28-21-L, Amending Requirement for a Statement of Effect to

Exclude Resolutions Obligating ARPA FRF LR Funds for Projects Approved Through the FRF

Office.

This resolution amends resolution BC-08-25-21-D, Obligation for CIP #21-111, Multi-Family

Housing, Utilizing American Rescue Plan Act of 2021 Federal Relief Funds, to extend the date in

which the project needs to be completed by from September 30, 2024, to December 31, 2025, and

also changes the reference to the obligated funds from “ARPA FRF LR” to “Tribal Contribution

Savings.”

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 2 of 2

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 09-25-24-X

Amendment to BC Resolution # 08-25-21-D Obligation for CIP #21-111, Multi-Family Housing,

Utilizing American Rescue Plan Act of 2021 Federal Relief Funds

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Nation has received Fiscal Recovery Funds (FRF) through the American

Rescue Plan Act of 2021 (ARPA) funds to address matters arising out of the COVID-19

pandemic; and

WHEREAS,

the Oneida Business Committee has approved application of ARPA FRF through the

revenue loss formula set forth in 31 CFR 35.6(d)(2) which applied these federal funds

throughout the Nation’s budget to governmental programs business units beginning with

“42#####”; and

WHEREAS,

the savings from the application of these funds has resulted in tribal funds being placed in

the line “Tribal Contribution Savings” in the Investment Report presented in the Treasurer’s

Report”; and

WHEREAS,

the Oneida Business Committee has determined that Tribal Contribution Savings funds

should be used as set out in resolution # BC-06-09-21-B, as amended by resolution # BC06-23-21-C which designates percentage allocations to eight categories (percentages

rounded) –

• Direct Membership Assistance, 45% of funds;

• Housing, 17% of funds;

• Food and Agriculture, 12% of funds;

• Education, 6% of funds;

• Culture and Language, 10% of funds;

• Revenue Generations, 2% of funds;

• Government Roles and Responsibilities, 3% of funds;

• Overall Priority – Land, Infrastructure, Sovereignty, 5% of funds; and

WHEREAS,

CIP #21-111 is a construction project to build apartments made up of two- and threebedroom units; and

WHEREAS,

the Project Owner for the proposed project is requesting $7,367,335.72 obligated from

the Tribal Contribution Savings, Housing category; and

Public Packet

29 of 166

BC Resolution # 09-25-24-X

Amendment to BC Resolution # 08-25-21-C Obligation for CIP #23-005, Residential Home Sites, Utilizing American Rescue

Plan Act of 2021 Federal Relief Funds

Page 2 of 2

WHEREAS,

this project will be concluded by December 31, 2025; and

WHEREAS,

the Oneida Business Committee has reviewed the proposed project; and

NOW THEREFORE BE IT RESOLVED, that CIP #21-111, Multi-Family Housing project, in the amount

of $7,367,335.72 from Tribal Contribution Savings, Housing category with Mark W. Powless, General

Manager, assigned as the Project Owner.

Public Packet

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Adopt resolution entitled Amendments to the Vehicle Driver Certification and Fleet Management Law

Business Committee Agenda Request

1. Meeting Date Requested:

09/25/24

2. Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

☐ Accept as information; OR

Adopt the resolution entitled, Amendments to the Vehicle Driver Certification and Fleet

Management Law

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☐ Other: Describe

☐ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

5. Additional attendees needed for this request:

Name, Title/Entity OR Choose from List

Revised: 04/25/2023

Page 1 of 2

Public Packet

31 of 166

6. Supporting Documents:

☐ Bylaws

☒ Fiscal Impact Statement

☐ Contract Document(s) ☒ Law

☒ Correspondence

☐ Legal Review

☐ Draft GTC Notice

☐ Minutes

☐ Draft GTC Packet

☐ MOU/MOA

☐ E-poll results/back-up ☐ Petition

☒ Other: Legislative Analysis

☐ Presentation

☐ Report

☒ Resolution

☐ Rule (adoption packet)

☒ Statement of Effect

☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution

☐ Unbudgeted

☐ Other: Describe

☐ Budgeted – Grant Funded

☒ Not Applicable

8. Submission:

Authorized Sponsor:

Jameson Wilson, Councilmember

Primary Requestor:

Clorissa N. Leeman, LRO Senior Staff Attorney

Revised: 04/25/2023

Page 2 of 2

Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Jameson Wilson, LOC Chairperson

September 18, 2024

Adoption of Amendments to the Vehicle Driver Certification and Fleet

Management Law

Please find the following attached backup documentation for your consideration of the adoption

of amendments to the Vehicle Driver Certification and Fleet Management law:

1. Resolution: Amendments to the Vehicle Driver Certification and Fleet Management Law

2. Statement of Effect: Amendments to the Vehicle Driver Certification and Fleet

Management Law

3. Vehicle Driver Certification and Fleet Management Law Amendments Legislative

Analysis

4. Vehicle Driver Certification and Fleet Management Law Amendments Draft (Redline)

5. Vehicle Driver Certification and Fleet Management Law Amendments Draft (Clean)

6. Vehicle Driver Certification and Fleet Management Law Amendments Fiscal Impact

Statement

Overview

The purpose of the Vehicle Driver Certification and Fleet Management law is to establish

standards that certify employees, elected and appointed officials, and volunteers to drive a fleet

vehicle or personal vehicle on official business and regulate the use of all vehicles owned and

leased by the Nation. [2 O.C. 210.1-1]. Amendments to the Vehicle Driver Certification and Fleet

Management law are being sought to remove the responsibility of the Fleet Management

Department to purchase fleet vehicles. [2 O.C. 210.6-1].

The Legislative Operating Committee developed the proposed amendments to the Vehicle Driver

Certification and Fleet Management law through collaboration with representatives from the

Oneida Law Office, Human Resources Department, General Manager, Finance Administration,

Public Works Division, and Automotive Department. The Legislative Operating Committee held

one (1) work meeting on the development of the amendments to the Vehicle Driver Certification

and Fleet Management law.

The development of the amendments to the Vehicle Driver Certification and Fleet Management

law complies with all processes and procedures required by the Legislative Procedures Act,

including the development of a legislative analysis, a fiscal analysis, and the opportunity for public

review during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8].

The Legislative Operating Committee held a public meeting on the proposed amendments to the

Vehicle Driver Certification and Fleet Management law on July 15, 2024. No individuals provided

Page 1 of 2

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public comments during this public meeting. The public comment period was then held open until

July 22, 2024. No written comments were received during this public comment period.

The amendments to the Vehicle Driver Certification and Fleet Management law will become

effective on October 9, 2024.

Requested Action

Adopt the Resolution: Amendments to the Vehicle Driver Certification and Fleet Management

Law

Page 2 of 2

Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Amendments to the Vehicle Driver Certification and Fleet Management Law

Summary

This resolution adopts amendments to the Vehicle Driver Certification and Fleet Management law

to remove the responsibility of the Fleet Management Department to purchase fleet vehicles.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: September 12, 2024

Analysis by the Legislative Reference Office

This resolution adopts amendments to the Vehicle Driver Certification and Fleet Management law.

The purpose of the Vehicle Driver Certification and Fleet Management law is to establish

standards that certify employees, elected and appointed officials, and volunteers to drive a fleet

vehicle or personal vehicle on official business and regulate the use of all vehicles owned and

leased by the Nation. [2 O.C. 210.1-1]. Amendments to the Vehicle Driver Certification and Fleet

Management law are being sought to remove the responsibility of the Fleet Management

Department to purchase fleet vehicles. [2 O.C. 210.6-1].

Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),

which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the

purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Vehicle Driver Certification and Fleet Management law amendments complied with all

processes and procedures required by the LPA, including the development of a legislative analysis,

a fiscal analysis, and the opportunity for public review during a public meeting and public

comment period. [1 O.C. 109.6, 109.7, 109.8].

The Legislative Operating Committee held a public meeting on the proposed amendments to the

Vehicle Driver Certification and Fleet Management law on July 15, 2024. No individuals provided

public comments during this public meeting. The public comment period was then held open until

July 22, 2024. No written comments were received during this public comment period.

The amendments to the Vehicle Driver Certification and Fleet Management law will become

effective on October 9, 2024.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 1 of 1

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Analysis to Draft 1

2024 09 18

VEHICLE DRIVER CERTIFICATION AND FLEET

MANAGEMENT LAW AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Analysis by the Legislative Reference Office

Remove the responsibility of the Fleet Management Department to purchase

fleet vehicles. [2 O.C. 210.6-1].

The purpose of this law is to establish standards that certify employees,

elected and appointed officials, and volunteers to drive a fleet vehicle or

personal vehicle on official business and regulate the use of all vehicles

owned and leased by the Nation. [2 O.C. 210.1-1].

Fleet Management Department, Finance

A public meeting was held on July 15, 2024. The public comment period was

held open until July 22, 2024. No public comments were received.

A fiscal impact statement was provided by Finance on September 5, 2024.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Vehicle Driver Certification and Fleet Management law was originally adopted by

the Oneida Business Committee in 2017 through resolution BC-06-28-17-C, and then amended through

resolution BC-04-08-20-H. The purpose of the Vehicle Driver Certification and Fleet Management law

is to establish standards that certify employees, elected and appointed officials, and volunteers to drive

a fleet vehicle or personal vehicle on official business and regulate the use of all vehicles owned and

leased by the Nation. [2 O.C. 210.1-1]. It is the policy of the Nation to ensure the safety of the

community and employees of the Nation; minimize the Nation’s liability when physical damage to

vehicles and/or property damage occurs as a result of a motor vehicle crash; and improve the efficiency

and effectiveness of the use of vehicles owned by the Nation. [2 O.C. 210.1-2].

B. Request for Amendments. On the April 29, 2024, the Legislative Operating Committee received a

request from Ralinda Ninham-Lamberies, the Chief Financial Officer, to consider an amendment to

this law to remove the word "purchase" and the responsibility to purchase from the Fleet Management

Department as currently provided for in section 210.6-1 of the Vehicle Driver Certification and Fleet

Management law. Finance provided that the requirement for the Fleet Manager to be involved in the

purchasing process has led to unintended delays that can be avoided by reverting this responsibility

back to the existing cap ex purchasing process. The Legislative Operating Committee added the Vehicle

Driver Certification and Fleet Management law amendments to its Active Files List on May 15, 2024.

SECTION 3. CONSULTATION AND OUTREACH

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

amendments to the Vehicle Driver Certification and Fleet Management law and this legislative analysis:

 Oneida Law Office;

 Human Resources Department;

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Analysis to Draft 1

2024 09 18

 General Manager;

 Finance Administration;

 Public Works Division; and

 Automotive Department.

B. The following laws were reviewed in the drafting of this analysis:

 Vehicle Driver Certification and Fleet Management law;

 Oneida Personnel Policies and Procedures;

 Oneida Travel and Expense Policy;

 Clean Air law; and

 Drug and Alcohol Free Workplace law.

SECTION 4. PROCESS

A. The development of the proposed amendments to the Vehicle Driver Certification and Fleet

Management law complies with the process set forth in the Legislative Procedures Act (LPA).

 On May 15, 2024, the Legislative Operating Committee added the Vehicle Driver Certification

and Fleet Management law amendments to the Active Files List with Jonas Hill as the sponsor.

 On June 5, 2024, the Legislative Operating Committee approved the Vehicle Driver

Certification and Fleet Management law amendments draft, legislative analysis, and public

meeting notice, and forwarded the Vehicle Driver Certification and Fleet Management law

amendments to a public meeting to be held on July 15, 2024.

 On July 15, 2024, the public meeting was held for the proposed amendments to the Vehicle

Driver Certification and Fleet Management law. No one provided public comments during the

public meeting.

 On July 22, 2024, the public comment period closed. No one provided public comments during

the public comment period.

 On July 29, 2024, the Legislative Operating Committee conducted an e-poll entitled, Approval

of the Vehicle Driver Certification and Fleet Management Law Amendments Public Comment

Review Memo, Draft, and Fiscal Impact Statement Request. The requested action of this e-poll

was to: approve the public comment review memorandum, draft, and legislative analysis for

the proposed amendments to the Vehicle Driver Certification and Fleet Management law; and

approve the fiscal impact statement request memorandum and forward to the Finance

Department directing that a fiscal impact statement be prepared and submitted to the LOC by

August 28, 2024. This e-poll was approved by Jennifer Webster, Jonas Hill, Kirby Metoxen.

Wilson did not provide a response. Marlon Skenandore is on a personal leave and therefore did

not provide a response to the e-poll.

 On September 4, 2024, the Legislative Operating Committee entered into the record the results

of the July 29, 2024, e-poll entitled, Approval of the Vehicle Driver Certification and Fleet

Management Law Amendments Public Comment Review Memo, Draft, and Fiscal Impact

Statement Request.

 On September 5, 2024, the Finance Administration provided the Legislative Operating

Committee the fiscal impact statement for the proposed amendments to the Vehicle Driver

Certification and Fleet Management law.

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

regarding the development of the amendments to this Law:

Page 2 of 4

Public Packet



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Analysis to Draft 1

2024 09 18

May 30, 2024: LOC work session with the Oneida Law Office, Human Resources Department,

General Manager, Finance Administration. Public Works Division, and Automotive Department.

SECTION 5. CONTENTS OF THE LEGISLATION

100

101

102

103

104

105

106

107

108

109

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SECTION 6. EXISTING LEGISLATION



Removal of the Fleet Management Department’s Responsibility to Purchase. Currently, the

Nation’s Fleet Management Department is delegated the authority and responsibility to purchase,

manage, and monitor the use of the Nation’s fleet vehicles. [2 O.C. 210.6-1]. The proposed

amendment to the Law would remove the word “purchase” from section 210.6-1 of the Law thus

eliminating the responsibility of the Fleet Management Department to purchase all fleet vehicles.

 Effect. The inclusion of the responsibility of the Fleet Management Department to purchase all

vehicles for the Nation has led to unintended delays that can be avoided by reverting this

responsibility back to the existing cap expenditure purchasing process.

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

Vehicle Driver Certification and Fleet Management law.

 Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and

Procedures is to provide for the Nation’s employee related policies and procedures including

recruitment, selection, compensation and benefits, employee relations, safety and health, program

and enterprise rules and regulations, and record keeping.

 The Vehicle Driver Certification and Fleet Management law provides that “In addition to

the suspension of driver certification, a supervisor may take disciplinary action against an

individual in accordance with the Nation’s laws and policies governing employment if an

employee…” [2 O.C. 210.8-7].

 Any disciplinary action against an employee for a violation of the Vehicle Driver

Certification and Fleet Management is required to be conducted in accordance with the

Oneida Personnel Policies and Procedures.

 Oneida Travel and Expense Policy. The Oneida Travel and Expense Policy establishes policies

governing the reimbursement of travel and expenses incurred during the conduct of company

business. [2 O.C. 219.1-1].

 The Vehicle Driver Certification and Fleet Management law provides that “A vehicle shall

be rented in accordance with the Nation’s laws and policies governing travel. Every vehicle

rented shall include the purchase of the maximum collision damage waiver offered by the

rental company.” [2 O.C 210.6-9(a)].

 The Oneida Travel and Expense Policy states that “insurance on all car rentals is covered

by the Oneida Tribe’s insurance policy.” [2 O.C 219.8-3].

 Section 219.8-3 of the Oneida Travel and Expense Policy does not reflect current practice.

The Travel and Expense Policy conflicts with the current Vehicle Driver Certification and

Fleet Management law which requires the purchase of maximum collision damage waiver

from the rental company, as this is more cost effective for the Nation.

 Recommendation: The LOC and LRO should note the discrepancy in the Travel and

Expense Policy and identify that section of the Travel and Expense Policy as an area for

future amendments.

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B. Other Laws that Reference the Vehicle Driver Certification and Fleet Management Law. The

following laws of the Nation reference the Vehicle Driver Certification and Fleet Management law.

The proposed amendment to the Law does not conflict with any of the referenced laws.

 Drug and Alcohol Free Workplace Law. The Drug and Alcohol Free Workplace law applies to all

applicants for employment, whether external or internal, and all employees during working hours,

when on-call, and when operating a vehicle owned by the Nation or a vehicle rented by the Nation.

[2 O.C. 202.4-1]. An employee is prohibited from the use of prohibited drugs and alcohol during

working hours, when on-call, and when operating a vehicle owned by the Nation or a vehicle rented

by the Nation. [2 O.C. 202.4-2].

 Clean Air Law. The Clean Air law provides that no person may smoke in any vehicle owned or

operated by the Nation.” [4 O.C. 411.4-1(c)].

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SECTION 7. OTHER CONSIDERATIONS

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A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC127

10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

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Act,” provides further clarification on who the Legislative Operating Committee may direct complete

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a fiscal impact statement at various stages of the legislative process, as well as timeframes for

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completing the fiscal impact statement.

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 Conclusion. The Legislative Operating Committee received a fiscal impact statement be completed

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from the Finance Administration on September 5, 2024.

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Title 2. Employment - Chapter 210

Lot$=sles Kayanl^sla Khale> Nya>teka>sl#htake

Lonatl$hute> Kayanl^sla

they’re driving law

and a variety of vehicles the responsibility is attached to them

VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT

210.1. Purpose and Policy

210.2. Adoption, Amendment, Repeal

210.3. Definitions

210.4. Driver Certification

210.5. Responsibilities of a Certified Driver

210.6. Fleet Vehicles

210.7. Motor Vehicle Crashes or Damage to Vehicles

210.8. Suspension of Driver Certification and Other Enforcement

210.1. Purpose and Policy

210.1-1. Purpose. The purpose of this law is to establish standards that certify employees, elected

and appointed officials, and volunteers to drive a fleet vehicle or personal vehicle on official

business and regulate the use of all vehicles owned and leased by the Nation.

210.1-2. Policy. It is the policy of the Nation to ensure the safety of the community and employees

of the Nation; minimize the Nation’s liability when physical damage to vehicles and/or property

damage occurs as a result of a motor vehicle crash; and improve the efficiency and effectiveness

of the use of vehicles owned by the Nation.

210.2. Adoption, Amendment, Repeal

210.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-28-17-C,

and amended by resolutionresolutions BC-04-08-20-H. and BC-__-__-__-__.

210.2-2. This law may be amended or repealed by the Oneida Business Committee and/or Oneida

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

210.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

210.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

210.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

210.3. Definitions

210.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

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

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

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

the Nation’s holidays.

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

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

insurance, registration or inspection.

(h) “Nation” means the Oneida Nation.

(i) “Prohibited drug” means marijuana, cocaine, opiates, amphetamines, phencyclidine

(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substances

included in Schedules I through V, as defined by Section 812 of Title 21 of the United

States Code. Prohibited drugs also includes prescription medication or over-the-counter

medicine when used in an unauthorized or unlawful manner.

(j) “Supervisor” means the direct supervisor of an employee. For volunteers, elected or

appointed officials, or employees without a direct supervisor, it means the Human

Resources Department or any party who has been designated by the Human Resources

Department as responsible for performing a supervisor’s responsibilities under this law.

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

to cause harm to oneself or others.

210.4. Driver Certification

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

before operating a fleet vehicle or personal vehicle on official business.

210.4-2. Qualifications for Certification. In order to receive driver certification a person shall:

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

(b) Hold a valid Wisconsin driver’s license;

(1) A person who holds a valid driver’s license from a state other than Wisconsin

shall have thirty (30) days after his or her first day of employment or service to

obtain a Wisconsin driver’s license.

(1) Three (3) or more moving violations and/or at-fault motor vehicle crashes in

the past two (2) years; and/or

(2) An operating while intoxicated (OWI), driving under the influence (DUI), or

prohibited alcohol concentration (PAC) citation within the last twelve (12) months.

(d) Complete all driver training requirements imposed by the Nation or any federal or state

agency regulations;

(e) Satisfy any other requirements specific to the job description and/or vehicle that may

be used by or assigned to the person; and

(f) Maintain one (1) of the following minimum insurance requirements for a personal

vehicle if the individual may use his or her personal vehicle to conduct official business:

(1) the individual’s insurance covers:

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

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

bodily injury; and

(2) the individual’s insurance covers two hundred and fifty thousand dollars

($250,000) combined single limit.

210.4-3. The Nation’s Human Resources Department shall be responsible for determining whether

an individual meets all the qualifications before approving or denying a driver certification.

(a) An individual shall provide his or her appropriate license, training certification, and

insurance information to the Human Resources Department.

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

of an individual at any time.

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and provide the list to Fleet Management, Risk Management, and Central Accounting on a

regular basis.

210.4-4. A supervisor shall ensure that an individual has received his or her driver certification

from the Human Resources Department before allowing the individual to drive a fleet vehicle or a

personal vehicle on official business.

210.4-5. Exemption. An individual whose duties with respect to the implementation of a contract,

agreement, or compact of the Nation include driving may be subject to compliance with a motor

vehicle operation policy as provided in the contract, agreement, or compact of the Nation when

this law is less stringent than the said motor vehicle operation policy.

210.5. Responsibilities of a Certified Driver

210.5-1. General Responsibilities. While operating a fleet vehicle or a personal vehicle on official

business, an individual shall:

(a) Abide by all traffic laws;

(b) Wear a seat belt and require any passengers to wear a seat belt at all times;

(d) Not drive if impaired by a medical or physical condition or other factor that affects a

driver’s motor skills, reaction time, or concentration;

(e) Not carry a weapon, whether in the open or concealed;

(1) Exemption. An individual who is carrying a weapon in the course of performing

his or her official duties, or is participating in cultural activities or ceremonies is

exempt from this requirement.

(f) Not transport prohibited drugs and/or alcohol;

(1) Exemption. An employee of the Nation who is transporting prohibited drugs

and/or alcohol in the course of performing his or her job duties is exempt from this

requirement.

(g) Not deliver goods or services for personal gain, or operate private pools where the

riders pay the driver; and

(h) Not use electronic devices in an unlawful manner.

210.5-2. Training Responsibilities. An individual with driver certification shall complete the

driver safety training provided and monitored by the Human Resources Department every three

(3) years.

(a) Exemption. An individual who is required to maintain compliance with any specialized

driver safety training requirements imposed by state or federal regulatory agencies shall be

exempt from the requirement to complete the driver safety training provided by the Human

Resources Department.

210.5-3. Fleet Vehicle Responsibilities. When operating a fleet vehicle, an individual shall:

(a) Complete a vehicle mileage log;

(b) Not transport unauthorized passengers;

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

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

210.5-4. Personal Vehicle Responsibilities. When operating a personal vehicle on official

business, an individual shall:

(a) Obtain permission from his or her supervisor to operate a personal vehicle on official

business; and

(b) Submit all required documents for mileage reimbursement, if seeking reimbursement

for miles driven while conducting official business, within thirty (30) days of driving the

miles or by the end of the current fiscal year, whichever is sooner.

(1) Not seeking mileage reimbursement does not exempt an individual from the

provisions of this law.

210.5-5. Notification Requirements. An individual shall notify his or her supervisor if he or she:

(a) Has his or her driver’s license suspended or revoked by the State, or has his or her

driver’s license become invalid for any other reason;

(b) Meets any of the conditions for disciplinary action as provided in section 210.8-7;

and/or

or her motor skills, reaction time, or concentration.

210.6. Fleet Vehicles

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

purchase, manage, and monitor the use of the Nation’s fleet vehicles. The Fleet Management

Department’s responsibilities shall include, but are not limited to:

(a) Maintain a list of all fleet vehicles that are available for use, including vehicles

permanently assigned to specific entities of the Nation;

(b) Remove unsafe vehicles from the fleet;

(d) Install or remove equipment on fleet vehicles;

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

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

which contains forms and instructions for reporting any incident.

210.6-2. Automotive Department. The Automotive Department shall service and maintain fleet

vehicles according to factory recommendations, or the maintenance schedule established by the

Automotive Department, whichever is stricter. Any vehicle deemed unsafe by the Automotive

Department shall be reported to the Fleet Management Department.

210.6-3. Risk Management Department. The Risk Management Department shall be responsible

for securing and maintaining insurance coverage for all fleet vehicles. Additional responsibilities

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

(a) Providing auto insurance identification cards in every fleet vehicle;

(b) Processing all submitted vehicle claims and related information; and

210.6-4. Use of a Fleet Vehicle. A fleet vehicle may be permanently assigned to an entity for use

or requested for use on a temporary basis. A fleet vehicle shall be used for conducting official

business of the Nation. When used for travel purposes, a fleet vehicle may also be used for

incidental purposes such as travel to and from lodging and/or meal sites.

(a) Prohibited Use of a Fleet Vehicles. A fleet vehicle shall not be used for any of the

following purposes:

(1) Personal use for non-business purposes;

(2) Towing cargo for personal reasons;

(3) Hauling loads that could structurally damage the vehicle; and/or

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

210.6-5. Permanently Assigned Fleet Vehicles. The Fleet Management Department may

permanently assign a fleet vehicle to an entity if the entity meets the minimum mileage criteria as

established by the Fleet Management Department.

(a) Exception to Minimum Mileage Criteria. The Fleet Management Department may

grant an entity an exception to the minimum mileage criteria.

(b) An entity who is permanently assigned a fleet vehicle shall regularly schedule

maintenance work and safety checks with the Automotive Department.

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

210.6-6. Temporary Use of a Fleet Vehicle. An individual in an entity that is not permanently

assigned a fleet vehicle may request to use a fleet vehicle for the purpose of conducting official

business by submitting a request to the Fleet Management Department.

(a) Requests for the use of a fleet vehicle shall be made at least one (1) week in advance,

unless urgent circumstances arise.

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

vehicle, the Fleet Management Department shall confirm that:

(1) The individual requesting the fleet vehicle has his or her driver certification;

(2) The individual has authorization to use the fleet vehicle from his or her

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

elected or appointed official of the Nation or volunteer; and

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

destination.

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

timely manner.

210.6-7. Authorized Passengers. In addition to the employees, elected or appointed officials, or

volunteers who are authorized to use a fleet vehicle, the following individuals shall be authorized

to be a passenger in a fleet vehicle:

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

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

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

employee, elected or appointed official, or volunteer.

210.6-8. Modifications to Fleet Vehicles. Modifications to fleet vehicles for personal reasons are

not permitted. Modifications to fleet vehicles for operating purposes may be allowed only with the

approval of the Fleet Management Department.

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

210.6-9. Rental Vehicles. An individual shall have his or her driver certification before using a

rental vehicle to conduct official business. An individual shall operate the rental vehicle with the

same responsibilities and restrictions as a fleet vehicle.

(a) A vehicle shall be rented in accordance with the Nation’s laws and policies governing

travel. Every vehicle rented shall include the purchase of the maximum collision damage

waiver offered by the rental company.

210.7. Motor Vehicle Crashes or Damage to Vehicles

210.7-1. In the event of a motor vehicle crash or damage involving the fleet vehicle or personal

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

requirements; provided that, if an individual sustains injuries that make it impossible to meet the

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reporting deadlines identified herein; the driver shall instead make the required reports as soon as

he or she is able to do so:

(a) immediately report the crash or damage to local law enforcement if it results in any of

the following:

(1) death of a person;

(2) an injury to the driver or another person that requires medical attention;

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

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

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

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

the motor vehicle crash or damage.

210.7-2. Internal Review. The Fleet Management Department and Risk Management Department

shall coordinate and conduct an internal review of the auto incident report for a motor vehicle crash

and/or damage to a vehicle.

(a) Fleet Management and Risk Management may recommend whether an individual

should be subject to disciplinary action and/or a driver safety training requirement based

on the motor vehicle crash or incident resulting in damage to a vehicle.

(b) The internal review shall be completed as soon as possible after a motor vehicle crash

has been reported.

report. Copies of the report shall be:

(1) provided to the driver, the driver’s supervisor, and the driver’s area manager;

and

(2) provided to the Human Resources Department if the Fleet Management

Department and Risk Management Department recommend disciplinary action.

210.8. Suspension of Driver Certification and Other Enforcement

210.8-1. Suspension of driver certification is the suspension of an individual’s ability to drive a

fleet vehicle or personal vehicle on official business and is not a leave from work. Suspension of

driver certification is non-appealable.

210.8-2. Qualifications for Suspension. A supervisor shall suspend an individual’s driver

certification if the individual’s driver’s license is suspended or revoked by the State or becomes

invalid for any other reason.

(a) A supervisor may refer drivers to the Employee Assistance Program in accordance

with applicable laws and policies of the Nation.

210.8-3. Length of Suspension. The individual’s driver certification shall be suspended until a

time in which the individual has obtained a valid driver’s license and meets the qualifications for

reinstatement of driver certification.

210.8-4. Notification of Suspension. The supervisor shall notify the Human Resources

Department in writing if he or she suspends the driver certification of an individual and shall

provide the basis for the suspension. Once notified of a suspension of driver certification the

Human Resources Department shall remove the individual from the list of current certified drivers.

210.8-5. Reasonable Accommodations to Suspension. If the suspension of an individual’s driver

certification affects the individual’s ability to perform his or her job duties, a supervisor may take

one of the following actions:

(a) Reassign the individual to a position which does not require driving;

(b) Provide non-driving accommodation within the position;

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

certification; or

(e) Terminate the individual because a valid driver’s license is an essential requirement of

the position.

210.8-6. Reinstatement of Driver Certification. An individual may have his or her driver

certification reinstated upon a review by the Human Resources Department that the individual

again meets all the qualifications for driver certification provided for in section 210.4-2.

210.8-7. Other Enforcement Actions. A supervisor may take disciplinary action against an

individual in accordance with the Nation’s laws and policies governing employment if the

individual is an employee, or in accordance with the laws and policies of the Nation governing

sanctions and penalties if the individual is an elected or appointed official of the Nation, for any

of the following actions:

(a) Failing to comply with any provision of this law;

(b) Failing to complete any applicable driver training requirements;

(d) Admitting to, or being determined to be, partially or entirely at fault in a motor vehicle

crash involving vehicle damage, property damage, or personal injury; and

(e) Not maintaining the minimum insurance requirements for a personal vehicle.

210.8-8. Additional Driver Safety Training. A supervisor may require that an individual complete

an additional applicable driver safety training, at his or her own expense, if the individual:

(a) is involved in an at-fault motor vehicle crash or damage involving the fleet vehicle or

personal vehicle driven on official business;

(b) receives a moving violation while driving a fleet vehicle or personal vehicle driven on

official business; and

for any other reason.

End.

Adopted – BC-06-28-17-C.

Amended – BC-04-08-20-H.

Amended – BC-__-__-__-__.

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Title 2. Employment - Chapter 210

Lot$=sles Kayanl^sla Khale> Nya>teka>sl#htake

Lonatl$hute> Kayanl^sla

they’re driving law

and a variety of vehicles the responsibility is attached to them

VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT

210.1. Purpose and Policy

210.2. Adoption, Amendment, Repeal

210.3. Definitions

210.4. Driver Certification

210.5. Responsibilities of a Certified Driver

210.6. Fleet Vehicles

210.7. Motor Vehicle Crashes or Damage to Vehicles

210.8. Suspension of Driver Certification and Other Enforcement

210.1. Purpose and Policy

210.1-1. Purpose. The purpose of this law is to establish standards that certify employees, elected

and appointed officials, and volunteers to drive a fleet vehicle or personal vehicle on official

business and regulate the use of all vehicles owned and leased by the Nation.

210.1-2. Policy. It is the policy of the Nation to ensure the safety of the community and employees

of the Nation; minimize the Nation’s liability when physical damage to vehicles and/or property

damage occurs as a result of a motor vehicle crash; and improve the efficiency and effectiveness

of the use of vehicles owned by the Nation.

210.2. Adoption, Amendment, Repeal

210.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-28-17-C,

and amended by resolutions BC-04-08-20-H and BC-__-__-__-__.

210.2-2. This law may be amended or repealed by the Oneida Business Committee and/or Oneida

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

210.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

210.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

210.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

210.3. Definitions

210.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

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

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

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

the Nation’s holidays.

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

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

insurance, registration or inspection.

(h) “Nation” means the Oneida Nation.

(i) “Prohibited drug” means marijuana, cocaine, opiates, amphetamines, phencyclidine

(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substances

included in Schedules I through V, as defined by Section 812 of Title 21 of the United

States Code. Prohibited drugs also includes prescription medication or over-the-counter

medicine when used in an unauthorized or unlawful manner.

(j) “Supervisor” means the direct supervisor of an employee. For volunteers, elected or

appointed officials, or employees without a direct supervisor, it means the Human

Resources Department or any party who has been designated by the Human Resources

Department as responsible for performing a supervisor’s responsibilities under this law.

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

to cause harm to oneself or others.

210.4. Driver Certification

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

before operating a fleet vehicle or personal vehicle on official business.

210.4-2. Qualifications for Certification. In order to receive driver certification a person shall:

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

(b) Hold a valid Wisconsin driver’s license;

(1) A person who holds a valid driver’s license from a state other than Wisconsin

shall have thirty (30) days after his or her first day of employment or service to

obtain a Wisconsin driver’s license.

(1) Three (3) or more moving violations and/or at-fault motor vehicle crashes in

the past two (2) years; and/or

(2) An operating while intoxicated (OWI), driving under the influence (DUI), or

prohibited alcohol concentration (PAC) citation within the last twelve (12) months.

(d) Complete all driver training requirements imposed by the Nation or any federal or state

agency regulations;

(e) Satisfy any other requirements specific to the job description and/or vehicle that may

be used by or assigned to the person; and

(f) Maintain one (1) of the following minimum insurance requirements for a personal

vehicle if the individual may use his or her personal vehicle to conduct official business:

(1) the individual’s insurance covers:

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

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

bodily injury; and

(2) the individual’s insurance covers two hundred and fifty thousand dollars

($250,000) combined single limit.

210.4-3. The Nation’s Human Resources Department shall be responsible for determining whether

an individual meets all the qualifications before approving or denying a driver certification.

(a) An individual shall provide his or her appropriate license, training certification, and

insurance information to the Human Resources Department.

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

of an individual at any time.

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and provide the list to Fleet Management, Risk Management, and Central Accounting on a

regular basis.

210.4-4. A supervisor shall ensure that an individual has received his or her driver certification

from the Human Resources Department before allowing the individual to drive a fleet vehicle or a

personal vehicle on official business.

210.4-5. Exemption. An individual whose duties with respect to the implementation of a contract,

agreement, or compact of the Nation include driving may be subject to compliance with a motor

vehicle operation policy as provided in the contract, agreement, or compact of the Nation when

this law is less stringent than the said motor vehicle operation policy.

210.5. Responsibilities of a Certified Driver

210.5-1. General Responsibilities. While operating a fleet vehicle or a personal vehicle on official

business, an individual shall:

(a) Abide by all traffic laws;

(b) Wear a seat belt and require any passengers to wear a seat belt at all times;

(d) Not drive if impaired by a medical or physical condition or other factor that affects a

driver’s motor skills, reaction time, or concentration;

(e) Not carry a weapon, whether in the open or concealed;

(1) Exemption. An individual who is carrying a weapon in the course of performing

his or her official duties, or is participating in cultural activities or ceremonies is

exempt from this requirement.

(f) Not transport prohibited drugs and/or alcohol;

(1) Exemption. An employee of the Nation who is transporting prohibited drugs

and/or alcohol in the course of performing his or her job duties is exempt from this

requirement.

(g) Not deliver goods or services for personal gain, or operate private pools where the

riders pay the driver; and

(h) Not use electronic devices in an unlawful manner.

210.5-2. Training Responsibilities. An individual with driver certification shall complete the

driver safety training provided and monitored by the Human Resources Department every three

(3) years.

(a) Exemption. An individual who is required to maintain compliance with any specialized

driver safety training requirements imposed by state or federal regulatory agencies shall be

exempt from the requirement to complete the driver safety training provided by the Human

Resources Department.

210.5-3. Fleet Vehicle Responsibilities. When operating a fleet vehicle, an individual shall:

(a) Complete a vehicle mileage log;

(b) Not transport unauthorized passengers;

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

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

210.5-4. Personal Vehicle Responsibilities. When operating a personal vehicle on official

business, an individual shall:

(a) Obtain permission from his or her supervisor to operate a personal vehicle on official

business; and

(b) Submit all required documents for mileage reimbursement, if seeking reimbursement

for miles driven while conducting official business, within thirty (30) days of driving the

miles or by the end of the current fiscal year, whichever is sooner.

(1) Not seeking mileage reimbursement does not exempt an individual from the

provisions of this law.

210.5-5. Notification Requirements. An individual shall notify his or her supervisor if he or she:

(a) Has his or her driver’s license suspended or revoked by the State, or has his or her

driver’s license become invalid for any other reason;

(b) Meets any of the conditions for disciplinary action as provided in section 210.8-7;

and/or

or her motor skills, reaction time, or concentration.

210.6. Fleet Vehicles

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

manage and monitor the use of the Nation’s fleet vehicles. The Fleet Management Department’s

responsibilities shall include, but are not limited to: