# Oneida Business Committee (2024) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A6863dacca8b90629 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 166 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. I. CALL TO ORDER II. OPENING A. Special recognition for years of service - JoAnne King Sponsor: Mark W. Powless, General Manager III. ADOPT THE AGENDA IV. MINUTES A. V. Approve the September 11, 2024, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary RESOLUTIONS A. Adopt resolution entitled Tribal Tourism Grant Application Sponsor: Mark W. Powless, General Manager B. 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 C. Adopt resolution entitled Amendments to the Vehicle Driver Certification and Fleet Management Law Sponsor: Jameson Wilson, Councilman Oneida Business Committee Regular Meeting Agenda Page 1 of 4 September 25, 2024 Public Packet 2 of 166 D. 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 A. B. FINANCE COMMITTEE 1. Accept the August 15, 2024, regular Finance Committee meeting minutes Sponsor: Lawrence Barton, Treasurer 2. Accept the August 29, 2024, regular Finance Committee meeting minutes Sponsor: Lawrence Barton, Treasurer LEGISLATIVE OPERATING COMMITTEE 1. VII. TABLED BUSINESS A. VIII. Adopt resolution entitled Affordable Home Ownership Strategy Sponsor: Jo Anne House, Chief Counsel TRAVEL REPORTS A. 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 A. Approve the travel request - Councilman Jonas Hill - Tribal Nations Resiliency Conference - Box Elder, SD - October 8-11, 2024 Sponsor: Jonas Hill, Councilman B. 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 C. 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 Page 2 of 4 September 25, 2024 Public Packet X. XI. 3 of 166 NEW BUSINESS A. Approve seven (7) actions regarding the Tribal Contribution Savings report Sponsor: Lisa Liggins, Secretary B. Approve an exception to BC resolution # 04-08-20-K for CIP #15-001 Oneida Community Cannery Sponsor: Mark W. Powless, General Manager C. Defer the initial report regarding GWA payments to the October 9, 2024, regular Business Committee meeting Sponsor: Lisa Liggins, Secretary D. 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 A. XII. Cancel the tentatively scheduled special General Tribal Council meeting on November 4, 2024 Sponsor: Lisa Liggins, Secretary EXECUTIVE SESSION A. B. REPORTS 1. Accept the General Manager report (8:30 a.m.) Sponsor: Mark W. Powless, General Manager 2. Defer the Treasurer Report September 2024 to the October 9, 2024, Business Committee meeting Sponsor: Lawrence Barton, Treasurer 3. Accept the Intergovernmental Affairs and Self-Governance September 2024 report Sponsor: Melinda J. Danforth, Intergovernmental Affairs Director AUDIT COMMITTEE 1. Accept the July 16, 2024, regular Audit Committee meeting minutes Sponsor: Lisa Liggins, Secretary 2. Accept the Craps Rules of Play compliance audit and lift the confidentiality requirement Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 3 of 4 September 25, 2024 Public Packet 4 of 166 C. XIII. 3. Accept the Mississippi Stud Rules of Play compliance audit and lift the confidentiality requirement Sponsor: Lisa Liggins, Secretary 4. 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.) 1. Accept the July 3, 2024, Business Committee Officers session notes Sponsor: Lisa Summers, OBC Area Manager 2. Accept the September 4, 2024. Business Committee Officers session notes Sponsor: Lisa Summers, OBC Area Manager 3. 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 4. 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 Page 4 of 4 September 25, 2024 Public Packet 5 of 166 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 Public Packet 6 of 166 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) I. 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. Oneida Business Committee Regular Meeting Minutes Page 1 of 8 September 11, 2024 Public Packet 7 of 166 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. A. Anna John Resident Centered Care Community Board - Lynn Metoxen, Jeanette Ninham (00:02:43) Sponsor: Lisa Liggins, Secretary B. Legal Resource Center - Billie Jo Cornelius-Adkins and Gerald Hill Sponsor: Lisa Liggins, Secretary C. Oneida Election Board - Linda Dallas, Candace House, Teresa Schuman Sponsor: Lisa Liggins, Secretary D. Oneida Gaming Commission - Jeremy King Sponsor: Lisa Liggins, Secretary E. Oneida Land Claims Commission - Chris Cornelius, Candace House, Deborah Thundercloud Sponsor: Lisa Liggins, Secretary F. Oneida Land Commission - Gina Buenrostro Powless, Ethel Marie Cornelius, Russell Metoxen Jr., and Frederick Muscavitch Sponsor: Lisa Liggins, Secretary G. Oneida Nation Commission on Aging - Cathy Metoxen, Neoma Orsburn, and Pearl Webster Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Minutes Page 2 of 8 September 11, 2024 Public Packet 8 of 166 DRAFT V. H. Oneida Nation School Board - Tracy Metoxen, Teresa Schuman, and Melissa Skenandore Sponsor: Lisa Liggins, Secretary I. Oneida Trust Enrollment Committee - Jennifer Hill-Kelley, Tracy Metoxen, and Teresa Schuman Sponsor: Lisa Liggins, Secretary J. Pardon and Forgiveness Screening Committee - Kimberly Skenandore-Goodrich Sponsor: Lisa Liggins, Secretary K. Oneida Election Board Ad-Hoc Committee - Nancy Barton Sponsor: Lisa Liggins, Secretary MINUTES A. 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 A. 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 B. 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 Oneida Business Committee Regular Meeting Minutes Page 3 of 8 September 11, 2024 Public Packet 9 of 166 DRAFT C. 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 D. 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 Oneida Business Committee Regular Meeting Minutes Page 4 of 8 September 11, 2024 Public Packet 10 of 166 DRAFT E. 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. F. 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 Oneida Business Committee Regular Meeting Minutes Page 5 of 8 September 11, 2024 Public Packet 11 of 166 DRAFT VII. APPOINTMENTS A. 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. A. 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. B. 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. Oneida Business Committee Regular Meeting Minutes Page 6 of 8 September 11, 2024 Public Packet 12 of 166 DRAFT X. GENERAL TRIBAL COUNCIL A. PETITIONER LINDSEY BLACKOWL – New Recreation/Community Center Build petition # 2024-02 1. 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 B. 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 Oneida Business Committee Regular Meeting Minutes Page 7 of 8 September 11, 2024 Public Packet 13 of 166 DRAFT A. REPORTS 1. 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 2. 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 3. 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 Page 8 of 8 September 11, 2024 Public Packet 14 of 166 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 Name, Title/Entity OR Choose from List Revised: 08/25/2023 Page 1 of 2 Public Packet 15 of 166 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 Page 2 of 2 Public Packet 16 of 166 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 17 of 166 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 19 of 166 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 20 of 166 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 Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 08/25/2023 Page 1 of 2 Public Packet 21 of 166 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: x x x 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 25 of 166 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 26 of 166 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 Public Packet 27 of 166 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 Public Packet 28 of 166 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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 44 45 46 47 48 49 50 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 30 of 166 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 Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List 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 32 of 166 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 Public Packet 33 of 166 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 34 of 166 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 Public Packet 35 of 166 Analysis to Draft 1 2024 09 18 VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT LAW AMENDMENTS LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Amendments Purpose Affected Entities Public Meeting Fiscal Impact 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Analysis by the Legislative Reference Office Remove the responsibility of the Fleet Management Department to purchase fleet vehicles. [2 O.C. 210.6-1]. The purpose of this law is to establish standards that certify employees, elected and appointed officials, and volunteers to drive a fleet vehicle or personal vehicle on official business and regulate the use of all vehicles owned and leased by the Nation. [2 O.C. 210.1-1]. Fleet Management Department, Finance A public meeting was held on July 15, 2024. The public comment period was held open until July 22, 2024. No public comments were received. A fiscal impact statement was provided by Finance on September 5, 2024. SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Vehicle Driver Certification and Fleet Management law was originally adopted by the Oneida Business Committee in 2017 through resolution BC-06-28-17-C, and then amended through resolution BC-04-08-20-H. The purpose of the Vehicle Driver Certification and Fleet Management law is to establish standards that certify employees, elected and appointed officials, and volunteers to drive a fleet vehicle or personal vehicle on official business and regulate the use of all vehicles owned and leased by the Nation. [2 O.C. 210.1-1]. It is the policy of the Nation to ensure the safety of the community and employees of the Nation; minimize the Nation’s liability when physical damage to vehicles and/or property damage occurs as a result of a motor vehicle crash; and improve the efficiency and effectiveness of the use of vehicles owned by the Nation. [2 O.C. 210.1-2]. B. Request for Amendments. On the April 29, 2024, the Legislative Operating Committee received a request from Ralinda Ninham-Lamberies, the Chief Financial Officer, to consider an amendment to this law to remove the word "purchase" and the responsibility to purchase from the Fleet Management Department as currently provided for in section 210.6-1 of the Vehicle Driver Certification and Fleet Management law. Finance provided that the requirement for the Fleet Manager to be involved in the purchasing process has led to unintended delays that can be avoided by reverting this responsibility back to the existing cap ex purchasing process. The Legislative Operating Committee added the Vehicle Driver Certification and Fleet Management law amendments to its Active Files List on May 15, 2024. 19 20 21 22 23 24 SECTION 3. CONSULTATION AND OUTREACH A. Representatives from the following departments or entities participated in the development of the amendments to the Vehicle Driver Certification and Fleet Management law and this legislative analysis:  Oneida Law Office;  Human Resources Department; Page 1 of 4 Public Packet 36 of 166 Analysis to Draft 1 2024 09 18 25 26 27 28 29 30 31 32 33 34 35  General Manager;  Finance Administration;  Public Works Division; and  Automotive Department. B. The following laws were reviewed in the drafting of this analysis:  Vehicle Driver Certification and Fleet Management law;  Oneida Personnel Policies and Procedures;  Oneida Travel and Expense Policy;  Clean Air law; and  Drug and Alcohol Free Workplace law. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 SECTION 4. PROCESS A. The development of the proposed amendments to the Vehicle Driver Certification and Fleet Management law complies with the process set forth in the Legislative Procedures Act (LPA).  On May 15, 2024, the Legislative Operating Committee added the Vehicle Driver Certification and Fleet Management law amendments to the Active Files List with Jonas Hill as the sponsor.  On June 5, 2024, the Legislative Operating Committee approved the Vehicle Driver Certification and Fleet Management law amendments draft, legislative analysis, and public meeting notice, and forwarded the Vehicle Driver Certification and Fleet Management law amendments to a public meeting to be held on July 15, 2024.  On July 15, 2024, the public meeting was held for the proposed amendments to the Vehicle Driver Certification and Fleet Management law. No one provided public comments during the public meeting.  On July 22, 2024, the public comment period closed. No one provided public comments during the public comment period.  On July 29, 2024, the Legislative Operating Committee conducted an e-poll entitled, Approval of the Vehicle Driver Certification and Fleet Management Law Amendments Public Comment Review Memo, Draft, and Fiscal Impact Statement Request. The requested action of this e-poll was to: approve the public comment review memorandum, draft, and legislative analysis for the proposed amendments to the Vehicle Driver Certification and Fleet Management law; and approve the fiscal impact statement request memorandum and forward to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by August 28, 2024. This e-poll was approved by Jennifer Webster, Jonas Hill, Kirby Metoxen. Wilson did not provide a response. Marlon Skenandore is on a personal leave and therefore did not provide a response to the e-poll.  On September 4, 2024, the Legislative Operating Committee entered into the record the results of the July 29, 2024, e-poll entitled, Approval of the Vehicle Driver Certification and Fleet Management Law Amendments Public Comment Review Memo, Draft, and Fiscal Impact Statement Request.  On September 5, 2024, the Finance Administration provided the Legislative Operating Committee the fiscal impact statement for the proposed amendments to the Vehicle Driver Certification and Fleet Management law. B. At the time this legislative analysis was developed the following work meetings had been held regarding the development of the amendments to this Law: Page 2 of 4 Public Packet 69 70 71  37 of 166 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. 72 73 74 75 76 77 78 79 80 81 SECTION 5. CONTENTS OF THE LEGISLATION 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 SECTION 6. EXISTING LEGISLATION  Removal of the Fleet Management Department’s Responsibility to Purchase. Currently, the Nation’s Fleet Management Department is delegated the authority and responsibility to purchase, manage, and monitor the use of the Nation’s fleet vehicles. [2 O.C. 210.6-1]. The proposed amendment to the Law would remove the word “purchase” from section 210.6-1 of the Law thus eliminating the responsibility of the Fleet Management Department to purchase all fleet vehicles.  Effect. The inclusion of the responsibility of the Fleet Management Department to purchase all vehicles for the Nation has led to unintended delays that can be avoided by reverting this responsibility back to the existing cap expenditure purchasing process. A. References to the Other Laws of the Nation. The following laws of the Nation are referenced in the Vehicle Driver Certification and Fleet Management law.  Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and Procedures is to provide for the Nation’s employee related policies and procedures including recruitment, selection, compensation and benefits, employee relations, safety and health, program and enterprise rules and regulations, and record keeping.  The Vehicle Driver Certification and Fleet Management law provides that “In addition to the suspension of driver certification, a supervisor may take disciplinary action against an individual in accordance with the Nation’s laws and policies governing employment if an employee…” [2 O.C. 210.8-7].  Any disciplinary action against an employee for a violation of the Vehicle Driver Certification and Fleet Management is required to be conducted in accordance with the Oneida Personnel Policies and Procedures.  Oneida Travel and Expense Policy. The Oneida Travel and Expense Policy establishes policies governing the reimbursement of travel and expenses incurred during the conduct of company business. [2 O.C. 219.1-1].  The Vehicle Driver Certification and Fleet Management law provides that “A vehicle shall be rented in accordance with the Nation’s laws and policies governing travel. Every vehicle rented shall include the purchase of the maximum collision damage waiver offered by the rental company.” [2 O.C 210.6-9(a)].  The Oneida Travel and Expense Policy states that “insurance on all car rentals is covered by the Oneida Tribe’s insurance policy.” [2 O.C 219.8-3].  Section 219.8-3 of the Oneida Travel and Expense Policy does not reflect current practice. The Travel and Expense Policy conflicts with the current Vehicle Driver Certification and Fleet Management law which requires the purchase of maximum collision damage waiver from the rental company, as this is more cost effective for the Nation.  Recommendation: The LOC and LRO should note the discrepancy in the Travel and Expense Policy and identify that section of the Travel and Expense Policy as an area for future amendments. Page 3 of 4 Public Packet 112 113 114 115 116 117 118 119 120 121 122 123 38 of 166 Analysis to Draft 1 2024 09 18 B. Other Laws that Reference the Vehicle Driver Certification and Fleet Management Law. The following laws of the Nation reference the Vehicle Driver Certification and Fleet Management law. The proposed amendment to the Law does not conflict with any of the referenced laws.  Drug and Alcohol Free Workplace Law. The Drug and Alcohol Free Workplace law applies to all applicants for employment, whether external or internal, and all employees during working hours, when on-call, and when operating a vehicle owned by the Nation or a vehicle rented by the Nation. [2 O.C. 202.4-1]. An employee is prohibited from the use of prohibited drugs and alcohol during working hours, when on-call, and when operating a vehicle owned by the Nation or a vehicle rented by the Nation. [2 O.C. 202.4-2].  Clean Air Law. The Clean Air law provides that no person may smoke in any vehicle owned or operated by the Nation.” [4 O.C. 411.4-1(c)]. 124 SECTION 7. OTHER CONSIDERATIONS 125 A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all 126 legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC127 10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures 128 Act,” provides further clarification on who the Legislative Operating Committee may direct complete 129 a fiscal impact statement at various stages of the legislative process, as well as timeframes for 130 completing the fiscal impact statement. 131  Conclusion. The Legislative Operating Committee received a fiscal impact statement be completed 132 from the Finance Administration on September 5, 2024. 133 Page 4 of 4 Public Packet 39 of 166 Draft 1 (Redline to Current) for OBC Consideration 2024 09 18 Title 2. Employment - Chapter 210 Lot$=sles Kayanl^sla Khale> Nya>teka>sl#htake Lonatl$hute> Kayanl^sla they’re driving law and a variety of vehicles the responsibility is attached to them VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT 210.1. Purpose and Policy 210.2. Adoption, Amendment, Repeal 210.3. Definitions 210.4. Driver Certification 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 210.5. Responsibilities of a Certified Driver 210.6. Fleet Vehicles 210.7. Motor Vehicle Crashes or Damage to Vehicles 210.8. Suspension of Driver Certification and Other Enforcement 210.1. Purpose and Policy 210.1-1. Purpose. The purpose of this law is to establish standards that certify employees, elected and appointed officials, and volunteers to drive a fleet vehicle or personal vehicle on official business and regulate the use of all vehicles owned and leased by the Nation. 210.1-2. Policy. It is the policy of the Nation to ensure the safety of the community and employees of the Nation; minimize the Nation’s liability when physical damage to vehicles and/or property damage occurs as a result of a motor vehicle crash; and improve the efficiency and effectiveness of the use of vehicles owned by the Nation. 210.2. Adoption, Amendment, Repeal 210.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-28-17-C, and amended by resolutionresolutions BC-04-08-20-H. and BC-__-__-__-__. 210.2-2. This law may be amended or repealed by the Oneida Business Committee and/or Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 210.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 210.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 210.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 210.3. Definitions 210.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Area manager” means an employee’s supervisor’s supervisor; or, an individual designated to be the area manager by a General Manager position. (b) “Business day” means Monday through Friday, from 8:00 a.m. to 4:30 p.m.; excluding the Nation’s holidays. (c) “Employee” means an individual employed by the Nation, but does not include elected or appointed officials, or employees of a chartered corporation of the Nation. (d) “Entity” means a department, enterprise, program, board, committee or commission of the Nation. (e) “Employee Assistance Program” means a professional counseling program staffed by clinical social workers licensed by the State of Wisconsin which offers services to the Nation’s employees and family members. (f) “Fleet vehicle” means a vehicle owned or leased by the Nation. (g) “Moving violation” means any violation of motor vehicle or traffic law that is committed by the driver of a vehicle while the vehicle is moving. A moving violation does 2 O.C. 210 – Page 1 Public Packet 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 40 of 166 Draft 1 (Redline to Current) for OBC Consideration 2024 09 18 not include parking violations, equipment violations, or paperwork violations relating to insurance, registration or inspection. (h) “Nation” means the Oneida Nation. (i) “Prohibited drug” means marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substances included in Schedules I through V, as defined by Section 812 of Title 21 of the United States Code. Prohibited drugs also includes prescription medication or over-the-counter medicine when used in an unauthorized or unlawful manner. (j) “Supervisor” means the direct supervisor of an employee. For volunteers, elected or appointed officials, or employees without a direct supervisor, it means the Human Resources Department or any party who has been designated by the Human Resources Department as responsible for performing a supervisor’s responsibilities under this law. (k) “Weapon” means a firearm, knife, electric weapon, club, or any other object intended to cause harm to oneself or others. 210.4. Driver Certification 210.4-1. An individual shall obtain driver certification from the Human Resources Department before operating a fleet vehicle or personal vehicle on official business. 210.4-2. Qualifications for Certification. In order to receive driver certification a person shall: (a) Be eighteen (18) years of age or older; (b) Hold a valid Wisconsin driver’s license; (1) A person who holds a valid driver’s license from a state other than Wisconsin shall have thirty (30) days after his or her first day of employment or service to obtain a Wisconsin driver’s license. (c) Have a driving record that does not reflect any of the following conditions: (1) Three (3) or more moving violations and/or at-fault motor vehicle crashes in the past two (2) years; and/or (2) An operating while intoxicated (OWI), driving under the influence (DUI), or prohibited alcohol concentration (PAC) citation within the last twelve (12) months. (d) Complete all driver training requirements imposed by the Nation or any federal or state agency regulations; (e) Satisfy any other requirements specific to the job description and/or vehicle that may be used by or assigned to the person; and (f) Maintain one (1) of the following minimum insurance requirements for a personal vehicle if the individual may use his or her personal vehicle to conduct official business: (1) the individual’s insurance covers: (A) one hundred thousand dollars ($100,000) per person; (B) three hundred thousand dollars ($300,000) per motor vehicle crash for bodily injury; and (C) twenty-five thousand dollars ($25,000) property damage; or (2) the individual’s insurance covers two hundred and fifty thousand dollars ($250,000) combined single limit. 210.4-3. The Nation’s Human Resources Department shall be responsible for determining whether an individual meets all the qualifications before approving or denying a driver certification. (a) An individual shall provide his or her appropriate license, training certification, and insurance information to the Human Resources Department. (b) The Human Resources Department shall have the authority to check the driving record of an individual at any time. 2 O.C. 210 – Page 2 Public Packet 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 41 of 166 Draft 1 (Redline to Current) for OBC Consideration 2024 09 18 (c) The Human Resources Department shall maintain a current list of all certified drivers and provide the list to Fleet Management, Risk Management, and Central Accounting on a regular basis. 210.4-4. A supervisor shall ensure that an individual has received his or her driver certification from the Human Resources Department before allowing the individual to drive a fleet vehicle or a personal vehicle on official business. 210.4-5. Exemption. An individual whose duties with respect to the implementation of a contract, agreement, or compact of the Nation include driving may be subject to compliance with a motor vehicle operation policy as provided in the contract, agreement, or compact of the Nation when this law is less stringent than the said motor vehicle operation policy. 210.5. Responsibilities of a Certified Driver 210.5-1. General Responsibilities. While operating a fleet vehicle or a personal vehicle on official business, an individual shall: (a) Abide by all traffic laws; (b) Wear a seat belt and require any passengers to wear a seat belt at all times; (c) Not drive while under the influence of prohibited drugs and/or alcohol; (d) Not drive if impaired by a medical or physical condition or other factor that affects a driver’s motor skills, reaction time, or concentration; (e) Not carry a weapon, whether in the open or concealed; (1) Exemption. An individual who is carrying a weapon in the course of performing his or her official duties, or is participating in cultural activities or ceremonies is exempt from this requirement. (f) Not transport prohibited drugs and/or alcohol; (1) Exemption. An employee of the Nation who is transporting prohibited drugs and/or alcohol in the course of performing his or her job duties is exempt from this requirement. (g) Not deliver goods or services for personal gain, or operate private pools where the riders pay the driver; and (h) Not use electronic devices in an unlawful manner. 210.5-2. Training Responsibilities. An individual with driver certification shall complete the driver safety training provided and monitored by the Human Resources Department every three (3) years. (a) Exemption. An individual who is required to maintain compliance with any specialized driver safety training requirements imposed by state or federal regulatory agencies shall be exempt from the requirement to complete the driver safety training provided by the Human Resources Department. 210.5-3. Fleet Vehicle Responsibilities. When operating a fleet vehicle, an individual shall: (a) Complete a vehicle mileage log; (b) Not transport unauthorized passengers; (c) Notify the Fleet Management Department immediately of any problems with a fleet vehicle that may be a safety or mechanical hazard, or of any incidents that result in the inability of a fleet vehicle to complete a trip; (d) Be personally responsible for all traffic citation costs, parking ticket costs, or any similar expense related to vehicle use; (e) Use Oneida Retail locations for fueling fleet vehicles, unless the fleet vehicle needs fuel before it can be taken to an Oneida Retail location; (f) Not smoke or use electronic smoking devices or permit others to smoke or use electronic smoking devices in the fleet vehicle; and 2 O.C. 210 – Page 3 Public Packet 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 42 of 166 Draft 1 (Redline to Current) for OBC Consideration 2024 09 18 (g) Ensure the interior of the vehicle is kept in good condition, clean, and free of debris. 210.5-4. Personal Vehicle Responsibilities. When operating a personal vehicle on official business, an individual shall: (a) Obtain permission from his or her supervisor to operate a personal vehicle on official business; and (b) Submit all required documents for mileage reimbursement, if seeking reimbursement for miles driven while conducting official business, within thirty (30) days of driving the miles or by the end of the current fiscal year, whichever is sooner. (1) Not seeking mileage reimbursement does not exempt an individual from the provisions of this law. 210.5-5. Notification Requirements. An individual shall notify his or her supervisor if he or she: (a) Has his or her driver’s license suspended or revoked by the State, or has his or her driver’s license become invalid for any other reason; (b) Meets any of the conditions for disciplinary action as provided in section 210.8-7; and/or (c) Has any impairment by a medical or physical condition or other factor that affects his or her motor skills, reaction time, or concentration. 210.6. Fleet Vehicles 210.6-1. Fleet Management Department. The Nation’s Fleet Management Department shall purchase, manage, and monitor the use of the Nation’s fleet vehicles. The Fleet Management Department’s responsibilities shall include, but are not limited to: (a) Maintain a list of all fleet vehicles that are available for use, including vehicles permanently assigned to specific entities of the Nation; (b) Remove unsafe vehicles from the fleet; (c) Obtain estimates of and schedule fleet vehicle repairs when necessary; (d) Install or remove equipment on fleet vehicles; (e) Ensure the Nation’s logo is on all fleet vehicles; and (f) Ensure that all fleet vehicles are equipped with a mileage log and an auto incident kit which contains forms and instructions for reporting any incident. 210.6-2. Automotive Department. The Automotive Department shall service and maintain fleet vehicles according to factory recommendations, or the maintenance schedule established by the Automotive Department, whichever is stricter. Any vehicle deemed unsafe by the Automotive Department shall be reported to the Fleet Management Department. 210.6-3. Risk Management Department. The Risk Management Department shall be responsible for securing and maintaining insurance coverage for all fleet vehicles. Additional responsibilities of the Risk Management Department shall include, but is not limited to: (a) Providing auto insurance identification cards in every fleet vehicle; (b) Processing all submitted vehicle claims and related information; and (c) Submitting claims to the insurance company. 210.6-4. Use of a Fleet Vehicle. A fleet vehicle may be permanently assigned to an entity for use or requested for use on a temporary basis. A fleet vehicle shall be used for conducting official business of the Nation. When used for travel purposes, a fleet vehicle may also be used for incidental purposes such as travel to and from lodging and/or meal sites. (a) Prohibited Use of a Fleet Vehicles. A fleet vehicle shall not be used for any of the following purposes: (1) Personal use for non-business purposes; (2) Towing cargo for personal reasons; (3) Hauling loads that could structurally damage the vehicle; and/or 2 O.C. 210 – Page 4 Public Packet 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 43 of 166 Draft 1 (Redline to Current) for OBC Consideration 2024 09 18 (4) Jump starting vehicles, other than fleet vehicles. 210.6-5. Permanently Assigned Fleet Vehicles. The Fleet Management Department may permanently assign a fleet vehicle to an entity if the entity meets the minimum mileage criteria as established by the Fleet Management Department. (a) Exception to Minimum Mileage Criteria. The Fleet Management Department may grant an entity an exception to the minimum mileage criteria. (b) An entity who is permanently assigned a fleet vehicle shall regularly schedule maintenance work and safety checks with the Automotive Department. (c) An entity that is permanently assigned a fleet vehicle is responsible for ensuring that any individual who drives the vehicle has his or her driver certification. 210.6-6. Temporary Use of a Fleet Vehicle. An individual in an entity that is not permanently assigned a fleet vehicle may request to use a fleet vehicle for the purpose of conducting official business by submitting a request to the Fleet Management Department. (a) Requests for the use of a fleet vehicle shall be made at least one (1) week in advance, unless urgent circumstances arise. (b) Before determining whether a fleet vehicle is available, or approving the use of a fleet vehicle, the Fleet Management Department shall confirm that: (1) The individual requesting the fleet vehicle has his or her driver certification; (2) The individual has authorization to use the fleet vehicle from his or her supervisor, if an employee, or by the individual’s entity, if the individual is an elected or appointed official of the Nation or volunteer; and (3) Any passengers are authorized to travel in a fleet vehicle. (c) The Fleet Management Department may combine vehicle use for travel to the same destination. (d) The Fleet Management Department may cancel reservations that are not fulfilled in a timely manner. 210.6-7. Authorized Passengers. In addition to the employees, elected or appointed officials, or volunteers who are authorized to use a fleet vehicle, the following individuals shall be authorized to be a passenger in a fleet vehicle: (a) Individuals being transported as part of a program or service of the Nation; (b) Individuals being transported during the normal and ordinary course of representing and/or conducting business on behalf of the Nation; and/or (c) Any other individual who is authorized to be a passenger by the supervisor of the employee, elected or appointed official, or volunteer. 210.6-8. Modifications to Fleet Vehicles. Modifications to fleet vehicles for personal reasons are not permitted. Modifications to fleet vehicles for operating purposes may be allowed only with the approval of the Fleet Management Department. (a) Radar detection devices shall not be installed or used in fleet vehicles. 210.6-9. Rental Vehicles. An individual shall have his or her driver certification before using a rental vehicle to conduct official business. An individual shall operate the rental vehicle with the same responsibilities and restrictions as a fleet vehicle. (a) A vehicle shall be rented in accordance with the Nation’s laws and policies governing travel. Every vehicle rented shall include the purchase of the maximum collision damage waiver offered by the rental company. 210.7. Motor Vehicle Crashes or Damage to Vehicles 210.7-1. In the event of a motor vehicle crash or damage involving the fleet vehicle or personal vehicle driven on official business, an individual shall be subject to the following reporting requirements; provided that, if an individual sustains injuries that make it impossible to meet the 2 O.C. 210 – Page 5 Public Packet 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 44 of 166 Draft 1 (Redline to Current) for OBC Consideration 2024 09 18 reporting deadlines identified herein; the driver shall instead make the required reports as soon as he or she is able to do so: (a) immediately report the crash or damage to local law enforcement if it results in any of the following: (1) death of a person; (2) an injury to the driver or another person that requires medical attention; (3) damage to property that does not belong to the driver or the Nation; or (4) a vehicle being disabled and/or needing to be towed. (b) immediately report the motor vehicle crash or damage to his or her supervisor; and (c) provide the Fleet Management Department and Risk Management Department with a completed auto incident report by the end of the next business day immediately following the motor vehicle crash or damage. 210.7-2. Internal Review. The Fleet Management Department and Risk Management Department shall coordinate and conduct an internal review of the auto incident report for a motor vehicle crash and/or damage to a vehicle. (a) Fleet Management and Risk Management may recommend whether an individual should be subject to disciplinary action and/or a driver safety training requirement based on the motor vehicle crash or incident resulting in damage to a vehicle. (b) The internal review shall be completed as soon as possible after a motor vehicle crash has been reported. (c) Following an internal review, Fleet Management and Risk Management shall issue a report. Copies of the report shall be: (1) provided to the driver, the driver’s supervisor, and the driver’s area manager; and (2) provided to the Human Resources Department if the Fleet Management Department and Risk Management Department recommend disciplinary action. 210.8. Suspension of Driver Certification and Other Enforcement 210.8-1. Suspension of driver certification is the suspension of an individual’s ability to drive a fleet vehicle or personal vehicle on official business and is not a leave from work. Suspension of driver certification is non-appealable. 210.8-2. Qualifications for Suspension. A supervisor shall suspend an individual’s driver certification if the individual’s driver’s license is suspended or revoked by the State or becomes invalid for any other reason. (a) A supervisor may refer drivers to the Employee Assistance Program in accordance with applicable laws and policies of the Nation. 210.8-3. Length of Suspension. The individual’s driver certification shall be suspended until a time in which the individual has obtained a valid driver’s license and meets the qualifications for reinstatement of driver certification. 210.8-4. Notification of Suspension. The supervisor shall notify the Human Resources Department in writing if he or she suspends the driver certification of an individual and shall provide the basis for the suspension. Once notified of a suspension of driver certification the Human Resources Department shall remove the individual from the list of current certified drivers. 210.8-5. Reasonable Accommodations to Suspension. If the suspension of an individual’s driver certification affects the individual’s ability to perform his or her job duties, a supervisor may take one of the following actions: (a) Reassign the individual to a position which does not require driving; (b) Provide non-driving accommodation within the position; (c) Remove the driving requirement from the job description; 2 O.C. 210 – Page 6 Public Packet 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 45 of 166 Draft 1 (Redline to Current) for OBC Consideration 2024 09 18 (d) Place the individual on unpaid leave until the individual obtains his or her driver certification; or (e) Terminate the individual because a valid driver’s license is an essential requirement of the position. 210.8-6. Reinstatement of Driver Certification. An individual may have his or her driver certification reinstated upon a review by the Human Resources Department that the individual again meets all the qualifications for driver certification provided for in section 210.4-2. 210.8-7. Other Enforcement Actions. A supervisor may take disciplinary action against an individual in accordance with the Nation’s laws and policies governing employment if the individual is an employee, or in accordance with the laws and policies of the Nation governing sanctions and penalties if the individual is an elected or appointed official of the Nation, for any of the following actions: (a) Failing to comply with any provision of this law; (b) Failing to complete any applicable driver training requirements; (c) Driving a fleet vehicle without being certified under the provisions of this law; (d) Admitting to, or being determined to be, partially or entirely at fault in a motor vehicle crash involving vehicle damage, property damage, or personal injury; and (e) Not maintaining the minimum insurance requirements for a personal vehicle. 210.8-8. Additional Driver Safety Training. A supervisor may require that an individual complete an additional applicable driver safety training, at his or her own expense, if the individual: (a) is involved in an at-fault motor vehicle crash or damage involving the fleet vehicle or personal vehicle driven on official business; (b) receives a moving violation while driving a fleet vehicle or personal vehicle driven on official business; and (c) has his or her driver’s license suspended or revoked by the State or becomes invalid for any other reason. End. Adopted – BC-06-28-17-C. Amended – BC-04-08-20-H. Amended – BC-__-__-__-__. 2 O.C. 210 – Page 7 Public Packet 46 of 166 Draft 1 for OBC Consideration 2024 09 18 Title 2. Employment - Chapter 210 Lot$=sles Kayanl^sla Khale> Nya>teka>sl#htake Lonatl$hute> Kayanl^sla they’re driving law and a variety of vehicles the responsibility is attached to them VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT 210.1. Purpose and Policy 210.2. Adoption, Amendment, Repeal 210.3. Definitions 210.4. Driver Certification 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 210.5. Responsibilities of a Certified Driver 210.6. Fleet Vehicles 210.7. Motor Vehicle Crashes or Damage to Vehicles 210.8. Suspension of Driver Certification and Other Enforcement 210.1. Purpose and Policy 210.1-1. Purpose. The purpose of this law is to establish standards that certify employees, elected and appointed officials, and volunteers to drive a fleet vehicle or personal vehicle on official business and regulate the use of all vehicles owned and leased by the Nation. 210.1-2. Policy. It is the policy of the Nation to ensure the safety of the community and employees of the Nation; minimize the Nation’s liability when physical damage to vehicles and/or property damage occurs as a result of a motor vehicle crash; and improve the efficiency and effectiveness of the use of vehicles owned by the Nation. 210.2. Adoption, Amendment, Repeal 210.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-28-17-C, and amended by resolutions BC-04-08-20-H and BC-__-__-__-__. 210.2-2. This law may be amended or repealed by the Oneida Business Committee and/or Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 210.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 210.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 210.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 210.3. Definitions 210.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Area manager” means an employee’s supervisor’s supervisor; or, an individual designated to be the area manager by a General Manager position. (b) “Business day” means Monday through Friday, from 8:00 a.m. to 4:30 p.m.; excluding the Nation’s holidays. (c) “Employee” means an individual employed by the Nation, but does not include elected or appointed officials, or employees of a chartered corporation of the Nation. (d) “Entity” means a department, enterprise, program, board, committee or commission of the Nation. (e) “Employee Assistance Program” means a professional counseling program staffed by clinical social workers licensed by the State of Wisconsin which offers services to the Nation’s employees and family members. (f) “Fleet vehicle” means a vehicle owned or leased by the Nation. (g) “Moving violation” means any violation of motor vehicle or traffic law that is committed by the driver of a vehicle while the vehicle is moving. A moving violation does 2 O.C. 210 – Page 1 Public Packet 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 47 of 166 Draft 1 for OBC Consideration 2024 09 18 not include parking violations, equipment violations, or paperwork violations relating to insurance, registration or inspection. (h) “Nation” means the Oneida Nation. (i) “Prohibited drug” means marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substances included in Schedules I through V, as defined by Section 812 of Title 21 of the United States Code. Prohibited drugs also includes prescription medication or over-the-counter medicine when used in an unauthorized or unlawful manner. (j) “Supervisor” means the direct supervisor of an employee. For volunteers, elected or appointed officials, or employees without a direct supervisor, it means the Human Resources Department or any party who has been designated by the Human Resources Department as responsible for performing a supervisor’s responsibilities under this law. (k) “Weapon” means a firearm, knife, electric weapon, club, or any other object intended to cause harm to oneself or others. 210.4. Driver Certification 210.4-1. An individual shall obtain driver certification from the Human Resources Department before operating a fleet vehicle or personal vehicle on official business. 210.4-2. Qualifications for Certification. In order to receive driver certification a person shall: (a) Be eighteen (18) years of age or older; (b) Hold a valid Wisconsin driver’s license; (1) A person who holds a valid driver’s license from a state other than Wisconsin shall have thirty (30) days after his or her first day of employment or service to obtain a Wisconsin driver’s license. (c) Have a driving record that does not reflect any of the following conditions: (1) Three (3) or more moving violations and/or at-fault motor vehicle crashes in the past two (2) years; and/or (2) An operating while intoxicated (OWI), driving under the influence (DUI), or prohibited alcohol concentration (PAC) citation within the last twelve (12) months. (d) Complete all driver training requirements imposed by the Nation or any federal or state agency regulations; (e) Satisfy any other requirements specific to the job description and/or vehicle that may be used by or assigned to the person; and (f) Maintain one (1) of the following minimum insurance requirements for a personal vehicle if the individual may use his or her personal vehicle to conduct official business: (1) the individual’s insurance covers: (A) one hundred thousand dollars ($100,000) per person; (B) three hundred thousand dollars ($300,000) per motor vehicle crash for bodily injury; and (C) twenty-five thousand dollars ($25,000) property damage; or (2) the individual’s insurance covers two hundred and fifty thousand dollars ($250,000) combined single limit. 210.4-3. The Nation’s Human Resources Department shall be responsible for determining whether an individual meets all the qualifications before approving or denying a driver certification. (a) An individual shall provide his or her appropriate license, training certification, and insurance information to the Human Resources Department. (b) The Human Resources Department shall have the authority to check the driving record of an individual at any time. 2 O.C. 210 – Page 2 Public Packet 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 48 of 166 Draft 1 for OBC Consideration 2024 09 18 (c) The Human Resources Department shall maintain a current list of all certified drivers and provide the list to Fleet Management, Risk Management, and Central Accounting on a regular basis. 210.4-4. A supervisor shall ensure that an individual has received his or her driver certification from the Human Resources Department before allowing the individual to drive a fleet vehicle or a personal vehicle on official business. 210.4-5. Exemption. An individual whose duties with respect to the implementation of a contract, agreement, or compact of the Nation include driving may be subject to compliance with a motor vehicle operation policy as provided in the contract, agreement, or compact of the Nation when this law is less stringent than the said motor vehicle operation policy. 210.5. Responsibilities of a Certified Driver 210.5-1. General Responsibilities. While operating a fleet vehicle or a personal vehicle on official business, an individual shall: (a) Abide by all traffic laws; (b) Wear a seat belt and require any passengers to wear a seat belt at all times; (c) Not drive while under the influence of prohibited drugs and/or alcohol; (d) Not drive if impaired by a medical or physical condition or other factor that affects a driver’s motor skills, reaction time, or concentration; (e) Not carry a weapon, whether in the open or concealed; (1) Exemption. An individual who is carrying a weapon in the course of performing his or her official duties, or is participating in cultural activities or ceremonies is exempt from this requirement. (f) Not transport prohibited drugs and/or alcohol; (1) Exemption. An employee of the Nation who is transporting prohibited drugs and/or alcohol in the course of performing his or her job duties is exempt from this requirement. (g) Not deliver goods or services for personal gain, or operate private pools where the riders pay the driver; and (h) Not use electronic devices in an unlawful manner. 210.5-2. Training Responsibilities. An individual with driver certification shall complete the driver safety training provided and monitored by the Human Resources Department every three (3) years. (a) Exemption. An individual who is required to maintain compliance with any specialized driver safety training requirements imposed by state or federal regulatory agencies shall be exempt from the requirement to complete the driver safety training provided by the Human Resources Department. 210.5-3. Fleet Vehicle Responsibilities. When operating a fleet vehicle, an individual shall: (a) Complete a vehicle mileage log; (b) Not transport unauthorized passengers; (c) Notify the Fleet Management Department immediately of any problems with a fleet vehicle that may be a safety or mechanical hazard, or of any incidents that result in the inability of a fleet vehicle to complete a trip; (d) Be personally responsible for all traffic citation costs, parking ticket costs, or any similar expense related to vehicle use; (e) Use Oneida Retail locations for fueling fleet vehicles, unless the fleet vehicle needs fuel before it can be taken to an Oneida Retail location; (f) Not smoke or use electronic smoking devices or permit others to smoke or use electronic smoking devices in the fleet vehicle; and 2 O.C. 210 – Page 3 Public Packet 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 49 of 166 Draft 1 for OBC Consideration 2024 09 18 (g) Ensure the interior of the vehicle is kept in good condition, clean, and free of debris. 210.5-4. Personal Vehicle Responsibilities. When operating a personal vehicle on official business, an individual shall: (a) Obtain permission from his or her supervisor to operate a personal vehicle on official business; and (b) Submit all required documents for mileage reimbursement, if seeking reimbursement for miles driven while conducting official business, within thirty (30) days of driving the miles or by the end of the current fiscal year, whichever is sooner. (1) Not seeking mileage reimbursement does not exempt an individual from the provisions of this law. 210.5-5. Notification Requirements. An individual shall notify his or her supervisor if he or she: (a) Has his or her driver’s license suspended or revoked by the State, or has his or her driver’s license become invalid for any other reason; (b) Meets any of the conditions for disciplinary action as provided in section 210.8-7; and/or (c) Has any impairment by a medical or physical condition or other factor that affects his or her motor skills, reaction time, or concentration. 210.6. Fleet Vehicles 210.6-1. Fleet Management Department. The Nation’s Fleet Management Department shall manage and monitor the use of the Nation’s fleet vehicles. The Fleet Management Department’s responsibilities shall include, but are not limited to: (a) Maintain a list of all fleet vehicles that are available for use, including vehicles permanently assigned to specific entities of the Nation; (b) Remove unsafe vehicles from the fleet; (c) Obtain estimates of and schedule fleet vehicle repairs when necessary; (d) Install or remove equipment on fleet vehicles; (e) Ensure the Nation’s logo is on all fleet vehicles; and (f) Ensure that all fleet vehicles are equipped with a mileage log and an auto incident kit which contains forms and instructions for reporting any incident. 210.6-2. Automotive Department. The Automotive Department shall service and maintain fleet vehicles according to factory recommendations, or the maintenance schedule established by the Automotive Department, whichever is stricter. Any vehicle deemed unsafe by the Automotive Department shall be reported to the Fleet Management Department. 210.6-3. Risk Management Department. The Risk Management Department shall be responsible for securing and maintaining insurance coverage for all fleet vehicles. Additional responsibilities of the Risk Management Department shall include, but is not limited to: (a) Providing auto insurance identification cards in every fleet vehicle; (b) Processing all submitted vehicle claims and related information; and (c) Submitting claims to the insurance company. 210.6-4. Use of a Fleet Vehicle. A fleet vehicle may be permanently assigned to an entity for use or requested for use on a temporary basis. A fleet vehicle shall be used for conducting official business of the Nation. When used for travel purposes, a fleet vehicle may also be used for incidental purposes such as travel to and from lodging and/or meal sites. (a) Prohibited Use of a Fleet Vehicles. A fleet vehicle shall not be used for any of the following purposes: (1) Personal use for non-business purposes; (2) Towing cargo for personal reasons; (3) Hauling loads that could structurally damage the vehicle; and/or 2 O.C. 210 – Page 4 Public Packet 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 50 of 166 Draft 1 for OBC Consideration 2024 09 18 (4) Jump starting vehicles, other than fleet vehicles. 210.6-5. Permanently Assigned Fleet Vehicles. The Fleet Management Department may permanently assign a fleet vehicle to an entity if the entity meets the minimum mileage criteria as established by the Fleet Management Department. (a) Exception to Minimum Mileage Criteria. The Fleet Management Department may grant an entity an exception to the minimum mileage criteria. (b) An entity who is permanently assigned a fleet vehicle shall regularly schedule maintenance work and safety checks with the Automotive Department. (c) An entity that is permanently assigned a fleet vehicle is responsible for ensuring that any individual who drives the vehicle has his or her driver certification. 210.6-6. Temporary Use of a Fleet Vehicle. An individual in an entity that is not permanently assigned a fleet vehicle may request to use a fleet vehicle for the purpose of conducting official business by submitting a request to the Fleet Management Department. (a) Requests for the use of a fleet vehicle shall be made at least one (1) week in advance, unless urgent circumstances arise. (b) Before determining whether a fleet vehicle is available, or approving the use of a fleet vehicle, the Fleet Management Department shall confirm that: (1) The individual requesting the fleet vehicle has his or her driver certification; (2) The individual has authorization to use the fleet vehicle from his or her supervisor, if an employee, or by the individual’s entity, if the individual is an elected or appointed official of the Nation or volunteer; and (3) Any passengers are authorized to travel in a fleet vehicle. (c) The Fleet Management Department may combine vehicle use for travel to the same destination. (d) The Fleet Management Department may cancel reservations that are not fulfilled in a timely manner. 210.6-7. Authorized Passengers. In addition to the employees, elected or appointed officials, or volunteers who are authorized to use a fleet vehicle, the following individuals shall be authorized to be a passenger in a fleet vehicle: (a) Individuals being transported as part of a program or service of the Nation; (b) Individuals being transported during the normal and ordinary course of representing and/or conducting business on behalf of the Nation; and/or (c) Any other individual who is authorized to be a passenger by the supervisor of the employee, elected or appointed official, or volunteer. 210.6-8. Modifications to Fleet Vehicles. Modifications to fleet vehicles for personal reasons are not permitted. Modifications to fleet vehicles for operating purposes may be allowed only with the approval of the Fleet Management Department. (a) Radar detection devices shall not be installed or used in fleet vehicles. 210.6-9. Rental Vehicles. An individual shall have his or her driver certification before using a rental vehicle to conduct official business. An individual shall operate the rental vehicle with the same responsibilities and restrictions as a fleet vehicle. (a) A vehicle shall be rented in accordance with the Nation’s laws and policies governing travel. Every vehicle rented shall include the purchase of the maximum collision damage waiver offered by the rental company. 210.7. Motor Vehicle Crashes or Damage to Vehicles 210.7-1. In the event of a motor vehicle crash or damage involving the fleet vehicle or personal vehicle driven on official business, an individual shall be subject to the following reporting requirements; provided that, if an individual sustains injuries that make it impossible to meet the 2 O.C. 210 – Page 5 Public Packet 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 51 of 166 Draft 1 for OBC Consideration 2024 09 18 reporting deadlines identified herein; the driver shall instead make the required reports as soon as he or she is able to do so: (a) immediately report the crash or damage to local law enforcement if it results in any of the following: (1) death of a person; (2) an injury to the driver or another person that requires medical attention; (3) damage to property that does not belong to the driver or the Nation; or (4) a vehicle being disabled and/or needing to be towed. (b) immediately report the motor vehicle crash or damage to his or her supervisor; and (c) provide the Fleet Management Department and Risk Management Department with a completed auto incident report by the end of the next business day immediately following the motor vehicle crash or damage. 210.7-2. Internal Review. The Fleet Management Department and Risk Management Department shall coordinate and conduct an internal review of the auto incident report for a motor vehicle crash and/or damage to a vehicle. (a) Fleet Management and Risk Management may recommend whether an individual should be subject to disciplinary action and/or a driver safety training requirement based on the motor vehicle crash or incident resulting in damage to a vehicle. (b) The internal review shall be completed as soon as possible after a motor vehicle crash has been reported. (c) Following an internal review, Fleet Management and Risk Management shall issue a report. Copies of the report shall be: (1) provided to the driver, the driver’s supervisor, and the driver’s area manager; and (2) provided to the Human Resources Department if the Fleet Management Department and Risk Management Department recommend disciplinary action. 210.8. Suspension of Driver Certification and Other Enforcement 210.8-1. Suspension of driver certification is the suspension of an individual’s ability to drive a fleet vehicle or personal vehicle on official business and is not a leave from work. Suspension of driver certification is non-appealable. 210.8-2. Qualifications for Suspension. A supervisor shall suspend an individual’s driver certification if the individual’s driver’s license is suspended or revoked by the State or becomes invalid for any other reason. (a) A supervisor may refer drivers to the Employee Assistance Program in accordance with applicable laws and policies of the Nation. 210.8-3. Length of Suspension. The individual’s driver certification shall be suspended until a time in which the individual has obtained a valid driver’s license and meets the qualifications for reinstatement of driver certification. 210.8-4. Notification of Suspension. The supervisor shall notify the Human Resources Department in writing if he or she suspends the driver certification of an individual and shall provide the basis for the suspension. Once notified of a suspension of driver certification the Human Resources Department shall remove the individual from the list of current certified drivers. 210.8-5. Reasonable Accommodations to Suspension. If the suspension of an individual’s driver certification affects the individual’s ability to perform his or her job duties, a supervisor may take one of the following actions: (a) Reassign the individual to a position which does not require driving; (b) Provide non-driving accommodation within the position; (c) Remove the driving requirement from the job description; 2 O.C. 210 – Page 6 Public Packet 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 52 of 166 Draft 1 for OBC Consideration 2024 09 18 (d) Place the individual on unpaid leave until the individual obtains his or her driver certification; or (e) Terminate the individual because a valid driver’s license is an essential requirement of the position. 210.8-6. Reinstatement of Driver Certification. An individual may have his or her driver certification reinstated upon a review by the Human Resources Department that the individual again meets all the qualifications for driver certification provided for in section 210.4-2. 210.8-7. Other Enforcement Actions. A supervisor may take disciplinary action against an individual in accordance with the Nation’s laws and policies governing employment if the individual is an employee, or in accordance with the laws and policies of the Nation governing sanctions and penalties if the individual is an elected or appointed official of the Nation, for any of the following actions: (a) Failing to comply with any provision of this law; (b) Failing to complete any applicable driver training requirements; (c) Driving a fleet vehicle without being certified under the provisions of this law; (d) Admitting to, or being determined to be, partially or entirely at fault in a motor vehicle crash involving vehicle damage, property damage, or personal injury; and (e) Not maintaining the minimum insurance requirements for a personal vehicle. 210.8-8. Additional Driver Safety Training. A supervisor may require that an individual complete an additional applicable driver safety training, at his or her own expense, if the individual: (a) is involved in an at-fault motor vehicle crash or damage involving the fleet vehicle or personal vehicle driven on official business; (b) receives a moving violation while driving a fleet vehicle or personal vehicle driven on official business; and (c) has his or her driver’s license suspended or revoked by the State or becomes invalid for any other reason. End. Adopted – BC-06-28-17-C. Amended – BC-04-08-20-H. Amended – BC-__-__-__-__. 2 O.C. 210 – Page 7 Public Packet FINANCE ADMINISTRATION Fiscal Impact Statement 53 of 166 MEMORANDUM TO: Ralinda Ninham-Lamberies, Chief Financial Officer FROM: Rae Skenandore, Senior Analyst/Budget Coordinator DATE: September 5, 2024 RE: Fiscal Impact of the Amendments to the Vehicle Driver Certification and Fleet Management Law I. Estimated Fiscal Impact Summary Law: Amendments to the Vehicle Driver Certification and Fleet Management Law Draft 1 Implementing Agency Purchasing Fleet Management Estimated time to comply Estimated Impact Total Estimated Fiscal Impact 10 days, in compliance with the Legislative Procedures Act Current Fiscal Year 10 Year Estimate No Fiscal Impact No Fiscal Impact II. Background This Law was was originally adopted by the Oneida Business Committee in 2017 through resolution BC-06-28-17-C, and then amended through resolution BC-04-08-20-H. The purpose of this law is to establish standards that certify employees, elected and appointed officials, and volunteers to drive a fleet vehicle or personal vehicle on official business and regulate the use of all vehicles owned and leased by the Nation.The amendments to the legislation are to remove the word "purchase" and the responsibility to purchase from the Fleet Management Department. III. Methodology and Assumptions A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year financial effects associated with legislation and includes startup costs, personnel, office, documentation 1 Public Packet 54 of 166 costs, as well as an estimate of the amount of time necessary for an agency to comply with the Law after implementation. Finance does NOT identify the source of funding for the estimated cost or allocate any funds to the legislation. The analysis was completed based on the information provided as of the date of this memo. III. Findings As stated, this Law has been in place since 2017. There are no start-up costs, no increases in personnel are needed, and no increases in office or documentation costs. The implementing agencies are prepared to implement all changes when approved. III. Financial Impact There is no fiscal impact of implementing this legislation. IV. Recommendation Finance Department does not make a recommendation in regards to course of action in this matter. Rather, it is the purpose of this report to disclose potential financial impact of this legislation, so that the Oneida Business Committee and General Tribal Council has the information with which to render a decision. 2 Public Packet 55 of 166 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Oneida, WI 54155 BC Resolution # 09-25-24-X Amendments to the Vehicle Driver Certification and Fleet Management Law WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Vehicle Driver Certification and Fleet Management law (“the Law”) was adopted by the Oneida Business Committee through resolution BC-06-28-17-C and then amended through resolution BC-04-08-20-H; and WHEREAS, the purpose of this Law is to establish standards that certify employees, elected and appointed officials, and volunteers to drive a fleet vehicle or personal vehicle on official business and regulate the use of all vehicles owned and leased by the Nation; and WHEREAS, the amendments to the Law remove the responsibility of the Fleet Management Department to purchase fleet vehicles; and WHEREAS, the Legislative Operating Committee developed the proposed amendments to the Law through collaboration with representatives from the Oneida Law Office, Human Resources Department, General Manager, Finance Administration, Public Works Division, and Automotive Department; and WHEREAS, in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact statement were completed for the proposed amendments to the Law; and WHEREAS, the Legislative Operating Committee held a public meeting on the proposed amendments to the Law on July 15, 2024, with no individuals providing oral comments, and the public comment period for the amendments to this Law was held open until July 22, 2024, with no submission of written comments received; and NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments to the Vehicle Driver Certification and Fleet Management law which shall become effective on October 9, 2024. Public Packet 56 of 166 Adopt resolution entitled Safe Shelter donation for $15,000 from the Economic, Development,... Business Committee Agenda Request 1. Meeting Date Requested: 1/10/24 2. Session: ‫ ܆‬Open ‫ ܆‬Executive – must qualify under §107.4-1. Justification: Choose or type justification.  Requested Motion: ‫ ܆‬Accept as information; OR(QWHUWKHUHTXHVWHGPRWLRQUHODWHGWRWKLVLWHP Accept Resolution for Safe Shelter donation for $15,000 from the EDDCD Fund.  Areas potentially impacted or affected by this request: ‫ ܆‬Finance ‫ ܆‬Law Office ‫ ܆‬Gaming/Retail ‫ ܆‬Other: ‫ ܆‬Programs/Services ‫ ܆‬MIS ‫ ܆‬Boards, Committees, or Commissions 5. Additional attendees needed for this request: 1DPH7LWOH(QWLW\25&KRRVHIURP/LVW Revised: 11/15/2021 Page 1 of 2 Public Packet 57 of 166  Supporting Documents: ‫ ܆‬Bylaws ‫ ܆‬Contract Document(s) ‫ ܆‬Correspondence ‫ ܆‬Draft GTC Notice ‫ ܆‬Draft GTC Packet ‫ ܆‬E-poll results/back-up ‫ ܆‬Other: ‫ ܆‬Fiscal Impact Statement ‫ ܆‬Law ‫ ܆‬Legal Review ‫ ܆‬Minutes ‫ ܆‬MOU/MOA ‫ ܆‬Petition ‫ ܆‬Presentation ‫ ܆‬Report ‫ ܆‬Resolution ‫ ܆‬Rule (adoption packet) ‫ ܆‬Statement of Effect ‫ ܆‬Travel Documents  Budget Information: ‫ ܆‬Budgeted – Tribal Contribution ‫ ܆‬Unbudgeted ‫ ܆‬Other: ‫ ܆‬Budgeted – Grant Funded ‫ ܆‬Not Applicable  Submission: Nishimoto, Analyst Name, Title/EntityBusiness OR Choose from Authorized Sponsor: Justin Primary Requestor:  Revised: 11/15/2021 Page 2 of 2 Public Packet 58 of 166 Economic Development, Diversification, and Community Development Fund (EDDCD) Request Name: Pearl Webster      Date Requested: 9/17/24 Department: Please ^ĞůĞĐƚ ‫ ܈‬use for the funds: ■ ‫܆‬Social Wellness ■ ‫܆‬Housing ‫܆‬Community Design ‫܆‬Transportation, Facilities & Utilities ‫܆‬Economic Development ‫܆‬Natural Resources ‫܆‬Public Safety ‫܆‬Land Use ‫܆‬Parks and Recreation ‫ ܆‬Agriculture Detailed Description (Please attach any supporting documents to form and dollar amounts needed): Please see attached. 1. *For more information please refer to the 2014 Comprehensive Plan, Land Use Plan, Neighborhood Development Plan, Live, Sustain, Grow Plan, and the Economic Development Plan. Does this project already exist or have been approved for CIP? No If “YES” please indicate the CIP or project number: Responsible employee for authorizing expenditures: Public Packet 59 of 166 Accept the August 15, 2024, regular Finance Committee meeting minutes 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 Accept the FC Minutes for 8/15/24 & E-Poll 4. Areas potentially impacted or affected by this request: ☒ Finance ☐ Law Office ☐ Gaming/Retail ☒ Other: All areas that require FC ☐ Programs/Services ☐ DTS ☒ Boards, Committees, or Commissions approval 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 04/25/2023 Page 1 of 2 Public Packet 60 of 166 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 ☒ Mi [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A6863dacca8b90629. Public record. Not legal advice.