Oneida Business Committee (2024)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

June 5, 2024

9:00 a.m.

I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. May 15, 2024 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Back Pay Law Amendments (pg. 4)

2. Vehicle Driver Certification and Fleet Management Amendments (pg. 21)

3. Computer Resources Ordinance Amendments (pg. 40)

IV.

New Submissions

1. Oneida Life Insurance Plan Law Emergency Amendments (pg. 49)

2. Uniform Commercial Code (pg. 50)

V.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

May 15, 2024

9:00 a.m.

Present: Jameson Wilson, Jonas Hill, Marlon Skenandore

Excused: Kirby Metoxen, Jennifer Webster

Others Present: Clorissa N. Leeman, Grace Elliott, Ralinda Ninham-Lamberies, Janice Decorah

Others Present on Microsoft Teams: David P. Jordan, Eric Boulanger, Evan Doxtator, Fawn

Cottrell, Matthew Denny, Nicole Rommel, Connor Kestell, Justin Nishimoto, Carolyn Salutz,

Maureen Perkins, Peggy Helm-Quest, Sidney White, Katsitsiyo Danforth, Donna Smith, Lisa

Moore, Kristal Hill, Peggy Van Gheem, Shane Hill, Mark Powless, Rae Skenandore, Derrick King,

Todd Vanden Heuvel

I.

Call to Order and Approval of the Agenda

Jameson Wilson called the May 15, 2024, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jonas Hill to approve the agenda; seconded by Marlon Skenandore. Motion

carried unanimously.

II.

Minutes to be Approved

1. May 1, 2024 LOC Meeting Minutes

Motion by Jonas Hill to approve the May 1, 2024, LOC meeting minutes and forward to

the Oneida Business Committee; seconded by Marlon Skenandore. Motion carried

unanimously.

III.

Current Business

1. Oneida Land Trust Law

Motion by Marlon Skenandore to remove the Oneida Land Trust law from the Active Files

List; seconded by Jonas Hill. Motion carried unanimously.

2. Investigative Leave Policy Amendments

Motion by Jonas Hill to approve the draft of the Investigative Leave Policy amendments

and direct that a legislative analysis be developed; seconded by Marlon Skenandore.

Motion carried unanimously.

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

Legislative Operating Committee Meeting Minutes of May 15, 2024

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3. Petition: C. Kestell - Address Housing Issues/Veterans Home Loan Program

Motion by Jonas Hill to accept the statement of effect for the Petition C. Kestell: Address

Housing Issues/Veterans Home Loan Program and forward to the Oneida Business

Committee; seconded by Marlon Skenandore. Motion carried unanimously.

IV.

New Submissions

1. Computer Resource Ordinance Amendments

Motion by Jonas Hill to add the Computer Resource Ordinance amendments to the Active

Files List with Jameson Wilson as the sponsor; seconded by Marlon Skenandore. Motion

carried unanimously.

2. Vehicle Driver Certification and Fleet Management Law Amendments

Motion by Marlon Skenandore to add the Vehicle Driver Certification and Fleet

Management law amendments to the Active Files List with Jonas Hill as the sponsor;

seconded by Jonas Hill. Motion carried unanimously.

V.

Additions

VI.

Administrative Items

1. Change to the Bylaws Amendment Process and Removal of Bylaws from the

Active Files List

Motion by Marlon Skenandore to approve the memorandum entitled, Change in the Bylaws

Amendment Process, and forward to all boards, committees, and commissions of the

Nation; seconded by Jonas Hill. Motion carried unanimously.

Motion by Jonas Hill to Remove the Finance Committee, SEOTS, Pardon and Forgiveness

Screening Committee, Oneida Election Board, Oneida Nation Commission on Aging,

Oneida Nation School Board, Oneida Nation Veteran’s Affairs Committee, Oneida

Personnel Commission, and the Oneida Trust Enrollment Committee Bylaws Amendments

from the Active Files List; seconded by Marlon Skenandore. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Marlon Skenandore to adjourn at 9:40 a.m.; seconded by Jonas Hill. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of May 15, 2024

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Oneida Nation

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Oneida Business Committee

Legislative Operating Committee

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PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

June 5, 2024

Back Pay Law

Amendments

Submission Date: 9/21/22

Public Meeting: 12/13/22

04/12/24

Emergency Enacted: N/A

LOC Sponsor: Jonas Hill

Summary: This item was carried over from last term. On August 14, 2022, during executive session,

the Oneida Business Committee requested that the Legislative Operating Committee add the Back Pay law

to the Active Files List, and to release the confidential memo to the Legislative Reference Office as a

confidential document.

9/14/22 OBC: Motion by Jennifer Webster to request the Legislative Operating Committee to add the

Backpay Policy to the active files agenda and to release the confidential memo to the

Legislative Reference Office as a confidential document, seconded by David P. Jordan.

Motion carried.

9/21/22 LOC: Motion by Jennifer Webster to add the Back Pay Law Amendments to the Active Files List

with Marie Cornelius as the sponsor; seconded by Kirby Metoxen. Motion carried

unanimously.

9/29/22:

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

Cornelius, Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Kristal Hill. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to review and

discuss the proposed draft of amendments to the Back Pay law.

10/5/22 LOC: Motion by Jennifer Webster to approve the draft of the proposed amendments to the Back Pay

law and direct that a legislative analysis be completed; seconded by Daniel Guzman King.

Motion carried unanimously.

10/13/22:

Work Meeting. Present: David P. Jordan, Daniel Guzman King, Marie Cornelius, Clorissa N.

Leeman, Carolyn Salutz, Kristal Hill. This was a work meeting held through Microsoft Teams.

The purpose of this work meeting was to review and discuss an additional proposed

amendments to the law.

10/19/22 LOC: Motion by Jennifer Webster to approve the updated draft and legislative analysis; seconded

by Marie Cornelius. Motion carried unanimously.

11/2/22 LOC: Motion by Kirby Metoxen to approve the public meeting packet and forward the Back Pay

law amendments to a public meeting to be held on December 13, 2022; seconded by Marie

Cornelius. Motion carried unanimously.

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

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12/13/22:

Public Meeting Held. Present: Kirby Metoxen, Clorissa N. Santiago, Carolyn Salutz, Brooke

Doxtator, David P. Jordan (Microsoft Teams), Carrie Lindsey (Microsoft Teams), Joy

Salzwedel (Microsoft Teams), Justin Nishimoto (Microsoft Teams), Rachel Fitzpatrick

(Microsoft Teams), Tina Jorgensen (Microsoft Teams), Melanie Burkhart (Microsoft Teams),

Grace Elliot (Microsoft Teams), Brenda Haen (Microsoft Teams), Debra Santiago (Microsoft

Teams), Kristal Hill (Microsoft Teams), Matt Denny (Microsoft Teams), Ronald Vanschyndel

(Microsoft Teams), Wendy Alvarez (Microsoft Teams), Stefanie Reinke (Microsoft Teams),

Jay Kennard (Microsoft Teams), Sidney White (Microsoft Teams). The public meeting for the

Back Pay law amendments was held in person in the Norbert Hill Center and on Microsoft

Teams. No individuals provided public comment during the public meeting.

12/20/22:

Public Comment Period Closed. One (1) submission of written comments were received

during the public comment period.

2/1/23 LOC:

Motion by Maire Cornelius to accept the public comments and the public comment review

memorandum and defer to a work meeting for further consideration; seconded by Daniel

Guzman King. Motion carried unanimously.

2/1/23:

Work Meeting. Present: David P. Jordan, Marie Cornelius, Danie Guzman King, Clorissa N.

Leeman, Carolyn Salutz, Grace Elliott. The purpose of this work meeting was to review and

consider the public comments received.

2/15/23 LOC: Motion by Jennifer Webster to accept the updated public comment review memorandum;

seconded by Marie Cornelius. Motion carried unanimously.

3/14/23:

Work Meeting. Present: David P. Jordan, Marie Cornelius, Jennifer Webster, Clorissa N.

Leeman, Grace Elliott, Kristal Hill, Todd Vandenheuvel, Matt Denny, Josh Cottrell. This was

a work meeting held through Microsoft Teams. The purpose of this work meeting was to

review and consider the concerns brought up by HRD in their public comments.

10/4/23 LOC: Motion by Jennifer Webster to add the Back Pay Law Amendments to the Active Files List

with Jonas Hill as the sponsor; seconded by Marlon Skenandore. Motion carried unanimously.

1/3/24:

Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jennifer Webster, Jonas Hill,

Kirby Metoxen Clorissa Leeman, Carolyn Salutz, Kristal Hill, Maureen Perkins, Fawn

Cottrell. The purpose of this work meeting was for the LOC to review the draft of proposed

amendments that went to public meeting and the corresponding comments that were received,

and discuss and determine any revisions needed to the draft and the next steps for moving this

legislative item forward.

1/17/24:

Work Meeting. Present: Marlon Skenandore, Jennifer Webster, Jonas Hill, Kirby Metoxen

Clorissa Leeman, Carolyn Salutz (Microsoft Teams), Maureen Perkins (Microsoft Teams).

The purpose of this work meeting was for the LOC to review the updated draft of proposed

amendments; and determine next steps for moving this legislative item forward. LOC decided

that a work meeting should be scheduled with HRD, Oneida Law Office, and General

Managers to review the updated language, and that an additional public meeting should be

held.

2/1/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen

Clorissa Leeman, Carolyn Salutz, Kristal Hill, Maureen Perkins, Fawn Cottrell. The purpose

of this work meeting was for the LOC to review the memorandum received the Oneida Law

Office regarding their question on statistics on the use of back pay in the Nation, and the

question of whether to exclude wages earned from a back pay award is typical.

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

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2/20/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen Clorissa Leeman, Kristal

Hill, Maureen Perkins, Fawn Cottrell, Todd Vanden Heuvel, Wendy Alvarez, Whitney

Wheelock, Marie Cornelius, Dana Thyssen, Matt Denny, Mark Powless, Peggy Van Gheem,

Jeri Bauman. The purpose of this work meeting was for the LOC to review the updated

proposed amendments to the Bay Pay law with HRD, the Oneida Law Office, and the general

managers.

3/6/24 LOC:

Motion by Jennifer Webster to approve the updated materials contained in the public meeting

packet for the Back Pay Law Amendments, and forward the Back Pay Law Amendments to a

public meeting to be held on April 12, 2024; seconded by Jonas Hill. Motion carried

unanimously.

4/12/24:

Public Meeting Held. Present: Jonas Hill, Marlon Skenandore, Jameson Wilson, Clorissa

Leeman, Brooke Doxtator, Maureen Perkins, Cathy Metoxen, Peggy Helm-Quest, Justin

Nishimoto, Racquel Hill, Kristin Jorgenson-Dann, Michelle Tipple, Brenda Haen. One (1)

person provided public comment during this public meeting.

4/19/24:

Public Comment Period Closed. No individuals provided written comments during the public

comment period.

Next Steps:

 Accept the public comments and the public comment review memorandum and defer to a

work meeting for further consideration.

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

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Oneida Nation

Legislative Operating Committee

Legislative Reference Office

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

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ONEIDA

Legislative Operating Committee (LOC)

Clorissa N. Leeman, Legislative Reference Office, Senior Staff Attorney

June 5, 2024

Back Pay Law Amendments: Public Comment Review

On April 12, 2024, a public meeting was held regarding the proposed amendments to the Back Pay

law (“the Law”). The public comment period was then held open until April 19, 2024. This

memorandum is submitted as a review of the comments received during the public comment

period. The public meeting draft and public meeting transcript are attached to this memorandum

for review. No written comments were received during the public comment period.

Comment 1 – Eliminating a Position:

206.4. Holding a Position Pending Appeals and Reinstatement

206.4-1. Requirement to Hold the Position Pending Litigation. When an employee is

involuntarily separated and thereafter appeals said involuntarily separation, the disciplining

supervisor may only fill the employee's former position with an interim or temporary

employee until the appeal has fully run its course, which includes any appeal timelines to the

area manager, the Trial Court, or the Appellate Court.

206.4-2. Amending the Position Description or Eliminating the Position Pending an Employee

Appeal. Notwithstanding the requirement to hold an employee's position pending an

employee's appeal as provided in section 206.4-1, a supervisor or business unit may amend

the affected position description or eliminate the affected position while an employment

appeal is pending to respond to extreme financial distress that could negatively impact the

Nation.

(a) The determination to amend an affected position description or eliminate an

affected position shall be approved by the Human Resources Executive Director and

either the:

(1) General Manager;

(2) Gaming General Manager;

(3) Retail General Manager; or

(4) the highest position in the employee’s chain of command for non-divisional

employees.

206.4-3. Reinstatement to the Position the Employee was Involuntarily Separated From.

Should an employee's appeal of an involuntarily separation result in the involuntarily

separation being overturned, the reviewing party shall order the employee be reinstated to

the position from which the employee was involuntarily separated.

(a) In the event the position the employee was involuntarily separated from has been

eliminated, or the employee is no longer eligible for the position based on amendments

to the position description, the order to reinstate shall be deemed satisfied and the

back pay end date shall be the date of the reviewing party's decision.

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Cathy Metoxen (oral): Cathy Metoxen. Anything else? Is this for looks or for real? That's my

first question. My second question is if it hasn't been followed in the past, what's gonna be umm

enforced for the future? Umm. Depending on who the person may be, you know you can eliminate

their position. That looks like you know, and it kind of looks like to me. If somebody doesn't like

somebody, you know, we'll just we can't hire her back. So we will eliminate the position and create

something so they can come back. They got nothing to come back to, so that's the way the little bit

that I've seen in the last five minutes. That's what I jump. So is. That's what I'm seeing.

So I gotta say, what's real and what's not. You know what's gonna be taken seriously? Because

nothing seems to be taken seriously, there's no teeth and I've been looking for teeth in a in stuff for

a long time so. If somebody wins their case, they're entitled to their back pay. Now I know people

who won their cases and never got, and maybe they just didn't like them, you know? And and that's

what's frustrating and tiring. And that's what I look for and that's what I'm kind of seeing in this

little bit that I looked at. I'd have to read it more closely, but that's the first thing I think of is what

stands out is to see positions can be eliminated and then, umm.

Well, I'd like to see people get treated fairly across the board and forget about nepotism and

favoritism. And you know who gets drunk or sober or whatever with each other. You know, instead

of owing favors and such, you know, and taking care of your own and all of this kind of stuff,

because whether you like it or not, it's there. Whether anybody likes to hear it or not, it's there and

it happens and you hear about it all the time and the ordinary person sitting on a bar stool can

understand what's being said. The ordinary person, but not the, sometimes not the highly educated,

you know, and preferred people. I call them, usually the elite. But that's my, my concern and I

have a reason for that, but we don't have time for that and because it's not fair and a lot of times

when you hear people talk, they talk about the fairness of things and that's why I come up here and

I say is this real or is this just, you know, for looks because that's what I wonder about.

You know it's just an example.

That those are my concerns is now you got something in writing here where you can eliminate the

position it looks like. And like I said, I read it in five (5) minutes, I gotta read it all over again and

get better understanding of it, but I think what I'm seeing is, uh, you're creating a lot to benefit

who. To benefit specifically for a reason, and if you don't like so, Joe at over at HRD, then

eliminate the position and then we'll create a different position and we'll put somebody we want in

there because that kind of seems like the way it goes sometimes it just appears that way and that's

that's all I'm saying is that's where you got to get teeth. And and if you're going to say you're going

to do something, if somebody's been sexually harassed, you know for so many years and then they

got to go through a process that carries out for four (4) years and then they win their case, but then

they say, oh, we don't have to pay you back pay, we’re just going to eliminate your position.

Fairness across the board, and let's be real.

You might not like what I say, or what somebody else might say, but everything can't be positive.

I heard that this morning everything can’t be positive. Never.

There's always something someplace, and this is just an example.

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

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Response

Overall, the commenter expresses the concern that the law be implemented in a manner that is fair

for all persons, particularly regarding how positions are eliminated. The commenter also expressed

concerns regarding the enforcement of this law.

In regard to concerns on a fair application of eliminating positions, the Back Pay law provides

protections to ensure when an employee position may be eliminated pending an appeal. When an

employee is involuntarily separated and then appeals their involuntarily separation, the

disciplining supervisor may only fill the employee's former position with an interim or temporary

employee until the appeal has fully run its course, which includes any appeal timelines to the area

manager, the Trial Court, or the Appellate Court. [2 O.C. 206.4-1]. A supervisor or business unit

is only allowed to amend the affected position description or eliminate the affected position while

an employment appeal is pending to respond to extreme financial distress that could negatively

impact the Nation. [2 O.C. 206.4-2]. Extreme financial distress is defined as a situation in which

an entity cannot generate sufficient revenues or income, making it unable to meet or pay its

financial obligations, due to situations including, but is not limited to natural or human-made

disasters; United States Government shutdown; emergency proclamations; and economic

downturn. [2 O.C. 206.3-1(g)]. When conditions of extreme financial distress that may negatively

impact the Nation exist, the determination to amend an affected position description or eliminate

an affected position is still required to be approved by the Human Resources Executive Director

and either the General Manager, Gaming General Manager, Retail General Manager; or the highest

position in the employee’s chain of command for non-divisional employees. [2 O.C. 206.4-2(a)].

If an employee's appeal of an involuntarily separation result in the involuntarily separation being

overturned, the reviewing party shall order the employee be reinstated to the position from which

the employee was involuntarily separated. [2 O.C. 206.4-3]. If the position the employee was

involuntarily separated from has been eliminated, or the employee is no longer eligible for the

position based on amendments to the position description, the order to reinstate is deemed satisfied

and the back pay end date is calculated as the date of the reviewing party's decision. [2 O.C. 206.43(a)].

In regard to concerns of enforcement of the Back Pay law, the Law provides that an employee who

does not receive back pay in accordance with the back pay agreement may seek enforcement by

the Judiciary. [2 O.C. 206.6-4].

The proposed amendments to the Back Pay law adequately address the concerns shared by the

commenter. There are no recommended revisions based on this comment.

LOC Consideration

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

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2024 03 06

Title 2. Employment – Chapter 206

BACK PAY

Tashakotik@lyahke> kayanl^hsla>

back pay law

BACK PAY AND REINSTATEMENT

206.1. Purpose and Policy

206.2. Adoption, Amendment, Appeal

206.3. Definitions

206.4. Back Pay Calculation

206.5. Back Pay Process

206.1. Purpose and Policy

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206.2. Adoption, Amendment, Appeal

206.3. Definitions

206.4. Holding a Position Pending Appeals and Reinstatement

206.5. Back Pay Calculation

206.6. Back Pay Process

206.1. Purpose and Policy

206.1-1. Purpose. The purpose of this law is to set forth standards used in the reinstatement of a

employee, and the calculation of back pay for all employees of the Nation in accordance with the

Nation’s law.

206.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for the

management of employee reinstatement and back pay.

206.2. Adoption, Amendment, AppealRepeal

206.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-24-06-PP

and amended by resolutions BC-06-23-10-F, BC-08-13-14-C and, BC-10-26-16-A., and BC-____-__-__.

206.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida

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

206.2-3. 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.

206.2-4. 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.

206.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

206.3. Definitions

206.3-1. 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) “Appellate Court” means the branch of the Nation’s Judiciary delegated the authority

of final appeals within the Nation’s Judiciary, as authorized by Oneida General Tribal

Council resolution GTC-03-19-17-A in accordance with Article V of the Constitution and

Bylaws of the Oneida Nation.

(a)(b) “Advocate” means a non-attorney person as provided by law and other person who

is admitted to practice law and is presented to the court as the representative or advisor to

a party.

(b)(c) “Back pay” means money damages owed to the employee for a salary or wage to

compensate the employee as determined by the formulas set forth within this law.

(c)(d) “Consequential damages” means damages that are not a direct and immediately

2 O.C. 206 – Page 1

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result of an act, but a consequence of the initial act, including but not limited to penalties

on early withdrawal of retirement account.

(d) “Consultant” means a professional who is contracted externally whose expertise is

provided on a temporary basis for a fee.

(e) “Earnings” includes vacation/ or personal time, shift differential, holiday pay, merit

increases, bonuses and incentives, employment benefits and income received during the

back pay period.

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

direction and control of the Nation with respect to the material details of the work

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

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

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

does not include elected or appointed officials, or individuals employed by a Tribally

Chartered Corporation. For purposes of this law, individuals employed under an

employment contract as a limited term employee are employees of the Nation, not

consultants.

(g) “Extreme financial distress” means a situation in which an entity cannot generate

sufficient revenues or income, making it unable to meet or pay its financial obligations,

due to situations including, but is not limited to:

(1) natural or human-made disasters;

(2) United States Government shutdown;

(3) emergency proclamations; and

(4) economic downturn.

(g)(h) “Involuntarily separated” means an employee removed from employment through

whatever means, other than a layoff, by the employer. This shall include, but is not limited

to, investigative leave, suspension or termination.

(h)(i) "Judiciary" means Oneida Nation Judiciary, which is the judicial system that was

established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later

authorized to administer the judicial authorities and responsibilities of the Nation by

Oneida General Tribal Council resolution GTC-03-19-17-A in accordance with Article V

of the Constitution and Bylaws of the Oneida Nation.

(i)(j) “Nation” means the Oneida Nation.

(j)(k) “Punitive damages” means monetary compensation awarded to an injured party that

goes beyond that which is necessary to compensate the individual for losses and that is

intended to punish the other party.

(l) “Reviewing party” means the area manager or the Trial Court.

(m) “Trial Court” means the Trial Court of the Oneida Nation Judiciary authorized to

administer the judicial authorities and responsibilities of the Nation by Oneida General

Tribal Council resolution GTC-03-19-17-A in accordance with Article V of the

Constitution and Bylaws of the Oneida Nation.

206.4. Holding a Position Pending Appeals and Reinstatement

206.4-1. Requirement to Hold the Position Pending Litigation. When an employee is involuntarily

separated and thereafter appeals said involuntarily separation, the disciplining supervisor may only

fill the employee's former position with an interim or temporary employee until the appeal has

fully run its course, which includes any appeal timelines to the area manager, the Trial Court, or

2 O.C. 206 – Page 2

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the Appellate Court.

206.4-2. Amending the Position Description or Eliminating the Position Pending an Employee

Appeal. Notwithstanding the requirement to hold an employee's position pending an employee's

appeal as provided in section 206.4-1, a supervisor or business unit may amend the affected

position description or eliminate the affected position while an employment appeal is pending to

respond to extreme financial distress that could negatively impact the Nation.

(a) The determination to amend an affected position description or eliminate an affected

position shall be approved by the Human Resources Executive Director and either the:

(1) General Manager;

(2) Gaming General Manager;

(3) Retail General Manager; or

(4) the highest position in the employee’s chain of command for non-divisional

employees.

206.4-3. Reinstatement to the Position the Employee was Involuntarily Separated From. Should

an employee's appeal of an involuntarily separation result in the involuntarily separation being

overturned, the reviewing party shall order the employee be reinstated to the position from which

the employee was involuntarily separated.

(a) In the event the position the employee was involuntarily separated from has been

eliminated, or the employee is no longer eligible for the position based on amendments to

the position description, the order to reinstate shall be deemed satisfied and the back pay

end date shall be the date of the reviewing party's decision.

206.5. Back Pay Calculation

206.45-1. Back Pay Limitations. Back pay shall only include the items identifiedcalculations shall

be made using the employee's last wage in the position which they were involuntarily separated

from. Back pay, in all circumstances, shall be limited to the calculation set forth in this Section as

they relate to the employee. section. Back pay shall include and be subject to the following as it is

related to the employee:

(a) Vacation/ and Personal Time Accrual. Employees shall receive prorated credit for

vacation/ and personal time which would have accrued during the back pay period.

(1) Reinstated employees shall be credited for vacation/ and personal time. If the

crediting of vacation/ and personal time would result in the employee exceeding

the accrual cap pursuant to the Nation’s laws, rules and policies, then any amount

over that cap shall be provided as a cash payout. Non-reinstated employees shall

be paid out vacation/ and personal time in lieu of crediting personal/ and vacation

time.

(b) Shift Differential. Shift differential shall be included in the back pay amount to the

extent it is a part of the employee’s regularly scheduled hours.

(c) Tips. If the employee received pooled tips at the time of involuntary separation, tips

shall be included in the total back pay amount at the same tip rate that other employees in

the same position and on the same shift received on the same dates.

(1) If the employee received individual tips at the time of involuntary separation,

the employee shall be ineligible for tips during the back pay period.

(d) Holiday Pay. Holiday pay shall be included in the back pay amount to the extent the

employee would have received such pay if the employee had not been involuntarily

separated.

2 O.C. 206 – Page 3

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(e) Merit Increases. The hourly rate used to calculate back pay shall be increased

according to the merit increase system/- or standard used by the employee’s supervisor

during the back pay period and willshall include any increases from Oneida Business

Committee or General Tribal Council directives.

(1) The effective date of the employee’s merit increase shall be the same as the

effective date for other employees in the same department. Retroactive increases

shall be calculated back to the retroactive date used for other employees in the same

department.

(2) The most recent performance review issued to the employee prior to being

involuntarily separated shall be used to determine the level of merit increase.

However, if the employee appealed the performance review to the Human Resource

Department Manager prior to involuntary separation, a method under the Nation’s

laws, rules and policies shall be used to determine the merit increase.

(f) Bonuses and Incentives. All bonus and incentive payments for which the employee

would have been eligible during the back pay period shall be included in the total back pay

amount, except for non-monetary gifts distributed by the Nation to all employees (e.g.

winter gift) or other non-monetary benefits, such as clothing allowance.

(g) Employment Benefits. Employee benefits shall be subject to the provisions in this

section.

(1) Insurance Benefits. Coverage by the Nation for health insurance, dental

insurance, vision insurance, life insurance, long-term disability and short-term

disability coverage shall continue during an involuntary separation, except in the

event of a termination where the coverage willshall discontinue. The Nation shall

deduct the employee’s share of premiums paid from any back pay award.

(A) If the employee’s circumstances have changed during the back pay period

and such circumstances affect the employee’s insurance needs, the employee

shall notify the Nation of such changes at the time of reinstatement.

(B) An employee who is reinstated shall sign a waiver from Purchased

Referred Care authorizing a review of the back pay period to determine if

Purchased Referred Care services were rendered. If Purchased Referred Care

determines services were rendered during the back pay period, an employee

shall timely submit insurance information to Purchased Referred Care in

order for Purchased Referred Care to retroactively bill the insurance provider

to recoup funds for those services rendered during the back pay period.

(C) If the employee refuses to sign an authorization waiver from Purchased

Referred Care, the employee willshall not be eligible to receive any back pay

award.

(2) Flexible Benefit Plan Contributions. If a terminated employee was contributing

to the Nation’s flexible benefit plan at the time of termination, the status of the

employee’s flex benefit plan shall be subject to the provisions of the Internal

Revenue Code.

(3) Retirement Benefit Contributions. In the event the employee was participating

in the Nation’s retirement plan at the time of involuntary separation, the employee

shall be responsible for contacting the retirement plan administrator and

reactivating contributions.

(A) The employee may choose whether to have the employee’s contribution

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to the retirement plan that would have been made during the back pay period

deducted from the total back pay amount and deposited into the employee’s

retirement account.

(B) If the employee was eligible for employer matching contributions at the

time of involuntary separation and the employee chooses to make a

contribution through back pay, the Nation shall contribute the employer

match into the employee’s retirement account.

(C) If the employee was not participating in the Nation’s retirement plan or

chooses not to make contributions through the back pay process, then the

Nation shall not make employer match contributions into the employee’s

retirement account.

(h) Income Received During the Back Pay Period.

(1) Unemployment Benefits. Depending upon the unemployment compensation

financing option elected by the Nation, either:

(A) Any unemployment compensation paid by the Nation to the State of

Wisconsin for an involuntarily separated employee shall be deducted from

the employee’s back pay award; or

(B) The employee is directly responsible for the reimbursement to the State

of Wisconsin. The Nation shall send a copy of the completed and signed

settlement agreement to the appropriate state department. The state then may

determine the amount, if any, of unemployment compensation benefits

received during the back pay period should be repaid.

(2) Income Received Through Employment. Except as provided in section 4206.51(h)(2)(B), income earned by an employee during the back pay period shall be

deducted from the total back pay amount.

(A) The employee shall provide information to verify the amount of or lack

of earned income and sign an affidavit attesting to the amount of or lack of

earned income.

(B) If the employee worked an additional job prior to being involuntarily

separated and continued working in the same capacity, the income earned

from that employment shall not be deducted from the total back pay amount

to the extent that the income is consistent with pre-involuntary separation

earnings. Where the employee worked the additional job, the employee shall

provide information from the employer to verify the income earned before

and during the back pay period.

206.45-2. Payments Not Allowed. The Nation shall not include the following in any back pay

amount:

(a) Punitive damages;

(b) Consequential damages;

(c) Attorney’s or advocate’s fees;

(d) Time when the employee would not have been eligible to work;. An employee is not

eligible to work in circumstances including, but not limited to, the following:

(1) When an employee is on layoff or furlough status at the time of involuntary

separation;

(2) When a position is eliminated or inactive as part of the Nation’s response to

extreme financial distress;

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(3) When an employee would have been on medical leave at the time of involuntary

separation; and

(4) When an employee would otherwise not be eligible to work in the position from

which they were separated from in accordance with the position description based

on:

(A) applicable grant requirements when the position is grant funded;

(B) applicable laws of the Nation including, but not limited to, the Vehicle

Driver Certification and Fleet Management law; and

(C) a criminal conviction;

(e) Monies normally paid for additional duties while working where an alternate employee

assumed that function while the employee was involuntarily separated, unless the

additional duties are a part of such involuntarily separated employee’s regular schedule.

206.45-3. Back Pay Period. Calculation of back pay begins on the day the employee is

involuntarily separated and ends on the day the employee is reinstated.

(a) If the employee is reinstated but refuses to return to work, the back pay period ends on

the date reinstatement would have taken effect, but was refused by the employee.

(b) Back pay shall be calculated by taking the employee’s average hours worked during

the fifty-two (52) week period immediately preceding the date of the involuntary separation

and divide that amount by the number of weeks worked.

(1) If the employment prior to the involuntary separation was less than fifty-two

(52) weeks, the back pay shall be calculated by taking the employee’s average hours

worked and divide that amount by the number of weeks worked.

(2) If the involuntary separation period involves a fractional week, the indemnity

shall be paid for each day of a fractional week at the rate of the average number

of hours worked per day immediately prior to the involuntary separation. For the

purposes of this section, immediately prior means the twelve (12) full work weeks

immediately preceding the involuntary separation. Provided that, under extenuating

circumstances related to business needs of the Nation wherein the Oneida Law

Office determines that considering hours worked per day immediately prior would

be unfair, an alternative reasonable timeframe may be used.

206.56. Back Pay Process

206.56-1. The Oneida Law Office shall develop necessary forms and procedures for the purpose

of implementing this law.

206.56-2. Internal departments shall cooperate as necessary with the Oneida Law Office in

providing information needed to assemble and prepare the back pay agreement.

206.56-3. A reasonable effort shall be made to complete the back pay agreement within thirty (30)

calendar days, starting the day after the party to the grievance action provides to the Oneida Law

Office a judgment ordering back pay or the results of an investigation or test showing the employee

is cleared of any wrongdoing.

206.56-4. An employee not receiving back pay in accordance with the back pay agreement may

seek enforcement by the Judiciary.

End.

Adopted - BC-505-24-06-PP

2 O.C. 206 – Page 6

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Amended - BC-06-23-10-F

Amended - BC-08-13-14-C

Amended - BC-10-26-16-A

Amended – BC-__-__-__-__

2 O.C. 206 – Page 7

r-' \

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

GODOOO

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE

PUBLIC MEETING

Back Pay Law Amendments

Norbert Hill Center Business Committee Conference Room and Microsoft Teams

April 12, 2024

12:15 p.m.

Present: Jonas Hill, Marlon Skenandore, Jameson Wilson (Microsoft Teams), Clorissa Leeman,

Brooke Doxtator, Maureen Perkins, Cathy Metoxen, Peggy Helm-Quest (Microsoft Teams), Justin

Nishimoto (Microsoft Teams), Racquel Hill (Microsoft Teams), Kristin Jorgenson-Dann

(Microsoft Teams), Michelle Tipple (Microsoft Teams), Brenda Haen (Microsoft Teams).

Jonas Hill: Good Afternoon. The time is 12:15 p.m. and today’s date is Friday, April 12, 2024.

I will now call to order the public meeting for the proposed amendments to the Back Pay Law.

The Legislative Operating Committee is hosting this public meeting to gather feedback from the

community regarding these legislative proposals. The public meeting is not a question and answer

period. The LOC will review and consider all comments received during the public comment

period. The LOC will respond to all comments received in a memorandum, which will be

submitted in the meeting materials of a future LOC meeting.

All persons who wish to present oral testimony in person need to register on the sign in sheet.

Individuals who wish to present oral testimony on Microsoft Teams, please raise your hand and

you will be called on. If you leave an email address or sign in, on the sign in sheet or in the chat

on Microsoft Teams with your name we can ensure you receive a copy of the public comment

review memorandum.

Additionally, written comments may be submitted to the Nation’s Secretary’s Office or to the

Legislative Reference Office in person, by U.S. mail, interoffice mail, e-mail, or fax as provided

on the public meeting notice. These comments must be received by close of business on Friday,

April 19, 2024.

In attendance from the LOC is LOC member Marlon Skenandore, myself, Jonas Hill.

The LOC may impose a time limit for all speakers pursuant to section 109.8-3(c) of the Legislative

Procedures Act. As the presiding LOC member, I am imposing a time limit of five (5) minutes per

person. This time limit shall be applied equally to all persons.

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

LOC Public Meeting Transcript of April 12, 2024

Page 1 of 4

18 of 51

We will now begin today’s public meeting for the proposed amendments to the Back Pay law.

The purpose of the Back Pay law is to set forth standards used in the reinstatement of an employee

and the calculation of back pay for all employees of the Nation in accordance with the Nation’s

law.

The Back Pay law amendments will:

 Include a new section in the law which provides for the reinstatement of employee who

had an involuntary separation overturned and addresses such issues as:

 requirement to hold a position pending litigation;

 amending the position description or eliminating the position pending an employee

appeal; and

 reinstatement of an employee to the position the employee was involuntarily

separated from.

 Clarify that back pay calculations shall be made using the employee’s last wage in the

position which they were involuntarily separated from.

 Clarify the circumstances in which an employee is not eligible to work, and therefore is

not eligible for back pay.

Those who wish to speak please raise your hand. Please state your name when making a comment.

First to speak, oh excuse me, we have LOC chair Jameson Wilson online, I forgot to mention that.

Apologize for that.

Alright, so would you like to start Cathy, or give you a few seconds?

Cathy Metoxen: [inaudible response]

Jonas Hill: Okay, is there anybody online that would like to make a comment? And if there are

some of you that may have just added online, if you would like to speak raise your hand. Alright.

Cathy Metoxen: I’ll see what I can do in a couple minutes here.

Jonas Hill: Please state your name please and then start your comment.

Cathy Metoxen: Cathy Metoxen. Anything else? Is this for looks or for real? That's my first

question. My second question is if it hasn't been followed in the past, what's gonna be umm

enforced for the future? Umm. Depending on who the person may be, you know you can eliminate

their position. That looks like you know, and it kind of looks like to me. If somebody doesn't like

somebody, you know, we'll just we can't hire her back. So we will eliminate the position and create

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

LOC Public Meeting Transcript of April 12, 2024

Page 2 of 4

~

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something so they can come back. They got nothing to come back to, so that's the way the little bit

that I've seen in the last five minutes. That's what I jump. So is. That's what I'm seeing.

So I gotta say, what's real and what's not. You know what's gonna be taken seriously? Because

nothing seems to be taken seriously, there's no teeth and I've been looking for teeth in a in stuff for

a long time so. If somebody wins their case, they're entitled to their back pay. Now I know people

who won their cases and never got, and maybe they just didn't like them, you know? And and that's

what's frustrating and tiring. And that's what I look for and that's what I'm kind of seeing in this

little bit that I looked at. I'd have to read it more closely, but that's the first thing I think of is what

stands out is to see positions can be eliminated and then, umm.

Jonas Hill: So just for some clarification, because we're not answering any questions.

If you could clarify your comment to how or what you would like to see then in the law.

Cathy Metoxen: Well, I'd like to see people get treated fairly across the board and forget about

nepotism and favoritism. And you know who gets drunk or sober or whatever with each other.

You know, instead of owing favors and such, you know, and taking care of your own and all of

this kind of stuff, because whether you like it or not, it's there. Whether anybody likes to hear it or

not, it's there and it happens and you hear about it all the time and the ordinary person sitting on a

bar stool can understand what's being said. The ordinary person, but not the, sometimes not the

highly educated, you know, and preferred people. I call them, usually the elite. But that's my, my

concern and I have a reason for that, but we don't have time for that and because it's not fair and a

lot of times when you hear people talk, they talk about the fairness of things and that's why I come

up here and I say is this real or is this just, you know, for looks because that's what I wonder about.

You know it's just an example.

That those are my concerns is now you got something in writing here where you can eliminate the

position it looks like. And like I said, I read it in five (5) minutes, I gotta read it all over again and

get better understanding of it, but I think what I'm seeing is, uh, you're creating a lot to benefit

who. To benefit specifically for a reason, and if you don't like so, Joe at over at HRD, then

eliminate the position and then we'll create a different position and we'll put somebody we want in

there because that kind of seems like the way it goes sometimes it just appears that way and that's

that's all I'm saying is that's where you got to get teeth. And and if you're going to say you're going

to do something, if somebody's been sexually harassed, you know for so many years and then they

got to go through a process that carries out for four (4) years and then they win their case, but then

they say, oh, we don't have to pay you back pay, we’re just going to eliminate your position.

Jonas Hill: So aside from the story, what, uhh, what kind of comment can you produce to us that

would help Maybe uhh..

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

LOC Public Meeting Transcript of April 12, 2024

Page 3 of 4

~

ONEIDA

20 of 51

Cathy Metoxen: Fairness across the board, and let's be real.

Jonas Hill: Okay.

Cathy Metoxen: You might not like what I say, or what somebody else might say, but everything

can't be positive. I heard that this morning everything can’t be positive. Never.

Jonas Hill: Right.

Cathy Metoxen: There's always something someplace, and this is just an example.

Jonas Hill: And your five (5) minutes is up. Thank you. Cathy also, if you want to leave an email

address on the sign in sheet, you have until Friday, April 19th at the end of the day at 4:30 p.m. to

still submit some comments after further review.

Cathy Metoxen: [inaudible response]

Jonas Hill: You can submit it to the front GAO as well if you want. After further review of the

law as well.

Alright. Is there anybody else for a comment? We're going to do last call. Anybody for a comment?

Alright, with there being no more speakers, the public meeting for the proposed amendments to

the Back Pay Law is now closed at 12:28 p.m. written comments may be submitted until close of

business on Friday, April 19, 2024.

Thank you and everybody have a great weekend.

-End of Meeting-

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

LOC Public Meeting Transcript of April 12, 2024

Page 4 of 4

~

ONEIDA

21 of 51

Oneida Nation

"'

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

June 5, 2024

Vehicle Driver Certification and Fleet

Management Law Amendments

Submission Date: 5/15/24

LOC Sponsor: Jameson Wilson

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was added to the Active Files List on May 15, 2024, at the request of Ralinda

Ninham-Lamberies, the Chief Financial Officer. Amendments are being sought to remove the word

"purchase" and the responsibility from the Fleet Management Department. Finance has discovered that

adding the requirement for the Fleet Manager to be involved in the purchasing process has led to

unintended delays that can be avoided by reverting this responsibility back to the existing cap ex

purchasing process.

5/15/24 LOC: Motion by Marlon Skenandore to add the Vehicle Driver Certification and Fleet Management

law amendments to the Active Files List with Jonas Hill as the sponsor; seconded by Jonas

Hill. Motion carried unanimously.

5/30/24:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Jennifer Webster,

Clorissa Leeman, Ralinda Ninham-Lamberies, Mark Powless, Wendy Alvarez, Shannon

Stone, Chris Danforth, Fawn Cottrell, Kristal Hill, Maureen Perkins, Peggy Van Gheem. The

purpose of this work meeting was to discuss the proposed amendment to section 210.6-1 of

the law to remove the responsibility of the Fleet Management Department to purchase fleet

vehicles in an effort to streamline the purchasing process, and to determine if any other

amendments are needed to the Vehicle Driver Certification and Fleet Management law.

Next Steps:

 Approve the Vehicle Driver Certification and Fleet Management law amendments draft,

legislative analysis, and public meeting notice, and forward the Vehicle Driver Certification

and Fleet Management law amendments to a public meeting to be held on July 15, 2024.

Page 1 of 1

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

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Title 2. Employment - Chapter 210

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

Lonatl$hute> Kayanl^sla

they’re driving law

and a variety of vehicles the responsibility is attached to them

VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT

210.1. Purpose and Policy

210.2. Adoption, Amendment, Repeal

210.3. Definitions

210.4. Driver Certification

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210.5. Responsibilities of a Certified Driver

210.6. Fleet Vehicles

210.7. Motor Vehicle Crashes or Damage to Vehicles

210.8. Suspension of Driver Certification and Other Enforcement

210.1. Purpose and Policy

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

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

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

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

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

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

of the use of vehicles owned by the Nation.

210.2. Adoption, Amendment, Repeal

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

and amended by 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

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

insurance, registration or inspection.

(h) “Nation” means the Oneida Nation.

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

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

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

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

medicine when used in an unauthorized or unlawful manner.

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

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

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

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

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

to cause harm to oneself or others.

210.4. Driver Certification

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

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

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

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

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

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

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

obtain a Wisconsin driver’s license.

(c) Have a driving record that does not reflect any of the following conditions:

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

the past two (2) years; and/or

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

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

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

agency regulations;

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

be used by or assigned to the person; and

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

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

(1) the individual’s insurance covers:

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

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

bodily injury; and

(C) twenty-five thousand dollars ($25,000) property damage; or

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

($250,000) combined single limit.

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

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

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

insurance information to the Human Resources Department.

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

of an individual at any time.

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(c) The Human Resources Department shall maintain a current list of all certified drivers

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

regular basis.

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

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

personal vehicle on official business.

210.4-5. 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

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

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

business, an individual shall:

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

business; and

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

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

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

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

provisions of this law.

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

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

driver’s license become invalid for any other reason;

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

and/or

(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

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

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

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

established by the Fleet Management Department.

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

grant an entity an exception to the minimum mileage criteria.

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

maintenance work and safety checks with the Automotive Department.

(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

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

he or she is able to do so:

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

the following:

(1) death of a person;

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

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

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

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

(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;

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

certification; or

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

the position.

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

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

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

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

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

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

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

of the following actions:

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

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

(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-__-__-__-__.

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Title 2. Employment - Chapter 210

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VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT

210.1. Purpose and Policy

210.2. Adoption, Amendment, Repeal

210.3. Definitions

210.4. Driver Certification

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210.5. Responsibilities of a Certified Driver

210.6. Fleet Vehicles

210.7. Motor Vehicle Crashes or Damage to Vehicles

210.8. Suspension of Driver Certification and Other Enforcement

210.1. Purpose and Policy

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

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

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

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

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

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

of the use of vehicles owned by the Nation.

210.2. Adoption, Amendment, Repeal

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

and amended by 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

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

insurance, registration or inspection.

(h) “Nation” means the Oneida Nation.

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

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

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

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

medicine when used in an unauthorized or unlawful manner.

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

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

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

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

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

to cause harm to oneself or others.

210.4. Driver Certification

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

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

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

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

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

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

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

obtain a Wisconsin driver’s license.

(c) Have a driving record that does not reflect any of the following conditions:

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

the past two (2) years; and/or

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

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

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

agency regulations;

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

be used by or assigned to the person; and

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

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

(1) the individual’s insurance covers:

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

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

bodily injury; and

(C) twenty-five thousand dollars ($25,000) property damage; or

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

($250,000) combined single limit.

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

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

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

insurance information to the Human Resources Department.

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

of an individual at any time.

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(c) The Human Resources Department shall maintain a current list of all certified drivers

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

regular basis.

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

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

personal vehicle on official business.

210.4-5. 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

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

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

business, an individual shall:

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

business; and

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

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

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

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

provisions of this law.

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

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

driver’s license become invalid for any other reason;

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

and/or

(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

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

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

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

established by the Fleet Management Department.

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

grant an entity an exception to the minimum mileage criteria.

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

maintenance work and safety checks with the Automotive Department.

(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

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

he or she is able to do so:

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

the following:

(1) death of a person;

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

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

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

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

(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;

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

certification; or

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

the position.

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

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

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

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

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

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

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

of the following actions:

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

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

(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

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Analysis to Draft 1

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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

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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 has not yet been held.

A fiscal impact statement has not yet been requested.

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.

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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;

 General Manager;

Page 1 of 3

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 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.

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SECTION 4. PROCESS

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SECTION 5. CONTENTS OF THE LEGISLATION

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SECTION 6. EXISTING LEGISLATION

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

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:

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

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



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.

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

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.

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

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

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

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

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

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

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

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

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

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

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

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SECTION 7. OTHER CONSIDERATIONS

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

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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC100

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

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

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

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completing the fiscal impact statement.

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 Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact

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statement be completed.

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Page 3 of 3

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ONEIDA NATION PUBLIC MEETING NOTICE

MONDAY, JULY 15, 2024, 12:15 pm

Find Public MeeƟng Materials at

Oneida‐nsn.gov/government/register/public mee ngs

Send Public Comments to

Norbert Hill Center-Business Committee Conference Room

N7210 Seminary Rd., Oneida, Wisconsin

LOC@oneidana on.org

Ask QuesƟons here

LOC@oneidana on.org

920‐869‐4417

VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT LAW

AMENDMENTS

The purpose of 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.

The Vehicle Driver Certification and Fleet Management law amendments will:

 Remove the responsibility of the Fleet Management Department to purchase fleet vehicles from section 210.6-1 of the Law.

Individuals may attend the public meeting for the proposed Vehicle Driver Certification and

Fleet Management law amendments in person at the Norbert Hill Center, or virtually through

Microsoft Teams. If you wish to attend the public meeting through Microsoft Teams please

contact LOC@oneidanation.org.

PUBLIC COMMENT PERIOD CLOSES MONDAY, JULY 22, 2024

During the public comment period, anyone may submit written comments, questions or input. Comments may be submitted to the Oneida

Nation Secretary’s Office or the Legislative Reference Office in person, by U.S. mail, interoffice mail, or e-mail.

ft

For more information on the proposed Vehicle Driver Certification and Fleet Management law amendments

please review the public meeting packet at oneida-nsn.gov/government/register/public meetings.

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Oneida Nation

"'

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

June 5, 2024

Computer Resources

Ordinance Amendments

Submission Date: 5/15/24

LOC Sponsor: Jameson Wilson

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was added to the Active Files List on May 15, 2024, at the request of Shane Hill

on behalf of DTS. DTS wants to amend the Computer Resources Ordinance to delegate DTS administrative

rulemaking authority so DTS can develop rules that support and enforce the Computer Resource

Ordinance.

5/15/24 LOC: Motion by Jonas Hill to add the Computer Resource Ordinances amendments to the Active

Files List with Jameson Wilson as the sponsor; seconded by Marlon Skenandore. Motion

carried unanimously.

5/31/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman,

Jason Doxtator, Shane Hill, Jesse Kujawa, Maureen Perkins. The purpose of this work meeting

was to review the Computer Resources Ordinance and discuss potential amendments to be

made.

Next Steps:

 Approve the draft of the proposed amendments to the Computer Resources Ordinance and

direct that a legislative analysis be completed.

Page 1 of 1

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

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Title 2. Employment – Chapter 215

COMPUTERTECHNOLOGY RESOURCES ORDINANCE

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215.1

215.2

215.3

215.4

215.5

215.6

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Acceptable Use

Inappropriate Personal Use

Privacy

215.7

215.8

Limitations on Use

ComputerTechnology Resources Acknowledgment

Form

215.9

215.910

Administrative Rulemaking Authority

Violations

215.1 Purpose and Policy.

215.1-1. Purpose. The purpose of this policylaw is to regulate the usage of Triballytechnology

resources and processed data owned and operated computer resourcesby the Nation.

215.1-2. Policy. It is the policy of the TribeNation to provide its community and employees access

to the tools necessary to participate in a technological society. Allowing limited personal use of

these tools helps enhance the quality of the workplace and helps the TribeNation to retain highly

qualified and skilled workers and officials, as well as to develop the technological skills of the

community. Pursuant to this law, users are permitted limited use of Tribal computertechnology

resources of the Nation for personal needs if the use does not interfere with the authorized duties

of the user or official business of the TribeNation.

(a) This law does not create a right to use Tribal computertechnology resources of the

Nation for personal use.

(b) This law in no way limits use of computertechnology resources to fulfill authorized

duties.

215.2 Adoption, Amendment, Repeal.

215.2-1. This law was adopted by the Oneida Business Committee by resolution BC Resolution

#-0 9-29-04-B and effective immediately upon passage of thatamended by resolution. BC-__-____-__.

215.2-2. This law may be amended or repealed by the Oneida Business Committee in accordance

withor the Oneida legislative and administrativeGeneral Tribal Council pursuant to the procedures

set out in the Legislative Procedures Act.

215.2-3. 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.

215.2-4. All other Oneida laws, policies, regulations, rules, resolutions, motions and all other

similar actions which are inconsistent with this law are hereby repealed unless specifically reenacted after adoption of this law. Specifically, the following resolution is repealed by this law:

BC-3-3-99-A (Adoption of Computer Resources Acceptable Use Policy).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.

215.2-5. This law is adopted under authority of the Constitution of the Oneida Tribe of Indians of

WisconsinNation.

215.3 Definitions.

215.3-1. This section shall govern the definitions of words and phrases used within this law. All

2 O.C. 215 – Page 1

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

(a) Computer Resources means Tribally owned personal computers, networks, and

software, including Internet connectivity and access to internet services and electronic-mail

(e-mail). Limitations and monitoring of computer resources may also include, peripheral

equipment, such as personal digital assistants (PDAs), telephones, facsimile machines, and

photocopiers, only to the extent that the peripheral equipment is used in conjunction with

Tribal personal computers and software.

(b) Employee means an individual employed by the Oneida Tribe of Indians of Wisconsin.

(a) “Employee” means any individual who is employed by the Nation but does not include

elected or appointed officials or individuals employed by a corporation chartered by the

Nation.

(b) “DTS” means the Digital Technology Services.

(c) MIS“Nation” means the Oneida Management Information Systems Department.

Nation.

(d)  “Personal Useuse” means computerany technology resource use that is conducted for

purposes other than accomplishing an authorized activity or official business of the

TribeNation.

(e) Tribe means the Oneida Tribe of Indians of Wisconsin.

(f) User means all those who use the Tribal computer resources(e) “Technology

Resources” means any tools, systems, and applications that use technology to fulfill their

purposes. Technology resources may include, but are not limited to, computers, tablets,

telephones, facsimile machines, photocopiers, networks, virtual applications, and software,

such as internet connectivity and access to internet services and electronic mail.

(f) “User” means any individual who uses the technology resources of the Nation, including

but not limited to employees, independent contractor personnel, interns, members of boards,

committees or commissions, volunteers, guests, and visitors.

215.4 Acceptable Use.

215.4-1. Users may utilize computertechnology resources for authorized activities.

215.4-2. Users may engage in personal use of computertechnology resources when such use does

not interfere with the mission or operations of the entity in control of the resources and does not

violate applicable personnel policies andlaws, rules, or standard operating procedures of the

Nation.

215.4-3. Employees may engage in limited personal use of computertechnology resources if the

usage does not violate section 215.5-1 of the law or standards enacted pursuant to section 215.7-1

of the law.

215.5 Inappropriate Personal Use.

215.5-1. Users are expected to conduct themselves professionally and to refrain from using Tribal

computertechnology resources of the Nation for activities that are inappropriate. no matter in what

location the user utilizes the technology resources of the Nation. Misuse or inappropriate personal

use of Tribal computertechnology resources of the Nation includes:

(a) Any personal use that could cause congestion, delay, or disruption of service to the

2 O.C. 215 – Page 2

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network. For exampleThis may include, but is not limited to, downloading video, sound

or other large file attachments that can degrade performance of the entire network.

(b) The creation, copying, transmission, or retransmission of chain letters or unauthorized

mass mailings regardless of the subject matter. An unauthorized mass mailing is a mailing

sent to fifty (50) or more addresses without the permission of the employeesemployee’s

supervisor.

(c) Using Tribal computertechnology resources of the Nation for activities that are illegal.

(d) Using Tribal computertechnology resources of the Nation for activities that are

offensive to fellow users. Such activities include:, but are not limited to, hate speech, or

material that ridicules another individual on the basis of race, creed, religion, color, sex,

disability, national origin, or sexual orientation.

(e) The creation, download, viewing, storage, copying, or transmission of sexually explicit

or sexually oriented materials.

(f) Posting unauthorized information to external newsgroups, bulletin boards, or other

public forums.

(g) The unauthorized acquisition, use, reproduction, transmission, or distribution of any

controlled information including computer software and data, that includes, copyrighted,

trade marked or material with other intellectual property rights (, beyond fair use),, or

proprietary data.

(h) Unauthorized use of another usersuser’s password or account.

(i) Excessive personal use of the internet pursuant to section 215.7-1 (a).) of this law.

(j) Maintenance of a private business without proper authorization.

(k) Transmission of computer viruses or other malicious code.

215.5-2. It shall not be deemed an inappropriate use for a user to share information or evidence

regarding the inappropriate use of another user if reporting the inappropriate use in accordance

with the proper reporting structure.

215.6 Privacy.

215.6-1. All activities on computerusing technology resources of the Nation may be monitored,

intercepted, recorded, read, copied, or captured by MISDTS to ensure user compliance with this

ordinance. law. Use of computertechnology resources, authorized or unauthorized, constitutes

consent to this monitoring, interception, recording, reading, copying, or capturing.

215.6-2. This policylaw in no way creates a right to privacy in computertechnology resource

usage. Users should not expect privacy in their usage, including accessing personal e-mail,

brokerage, credit card, and bank accounts through the internet.

215.7 Limitations on Use.

215.7-1. The privilege to use Tribal computerthe technology resources of the Nation for personal

use may be revoked or limited. If the user is subject to the Tribes personnel policiesNation’s

laws and proceduresrules governing employment, the supervisor may revoke or limit the privileges

of that user.

(a) Supervisors are hereby authorized to develop standard operating procedures defining

excessive use for users of technology resources for any user that is an employee of the

2 O.C. 215 – Page 3

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Nation and subject to the Tribes personnel policies and procedures and who are under the

supervisorssupervisor’s authority. TheseAny standard operating procedure shall be

developed in accordance with all other laws and rules of the Nation. The standard operating

procedures may also establish the appropriate times to use computertechnology resources

for personal use. Supervisors mustshall provide adequate notice of the terms of thoseany

standard operating procedures to all individuals covered by such procedures.

(b) Tribal entities, agencies, or departments that provide computertechnology resources to

community members or to the public may adopt usage policies not inconsistent with this

ordinancelaw or rules developed in accordance with this law.

215.8 ComputerTechnology Resources Acknowledgment Form.

215.8-1. Users shall receive a copy of the ComputerTechnology Resources Ordinancelaw and

Computer Resources Acknowledgmenttechnology resources acknowledgment form. All users

shall sign the Acknowledgment Formacknowledgment form in order to gain or continue access to

computertechnology resources. of the Nation.

215.9 Administrative Rulemaking Authority.

215.9-1. DTS shall be delegated rulemaking authority in accordance with the Administrative

Rulemaking law to promulgate rules to govern technology resources of the Nation.

215.10 Violations.

215.910-1. Violations of the law or any rule adopted in accordance with this law may result in

limitation on use of or a loss of access to the computertechnology resources. of the Nation.

215.910-2. The Oneida TribeNation reserves the right to advise law enforcement officials of

suspected crimeillegal activity found within a users computeruser’s technology resources and

provide them such resources as evidence.

215.910-3. Employee violations of this law are subject to the Oneida Tribes progressive

disciplinary policies contained in the Tribes personnel policies and procedures, up to and

including termination. discipline in accordance with the Nations laws governing employment.

End.

Emergency Adopted -– BC # 3-03-24-04-A (Emergency Adoption)

Adopted -– BC # 9-09-29-04-B (Permanent Adoption)

Amended – BC-__-__-__-__

2 O.C. 215 – Page 4

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Title 2. Employment – Chapter 215

TECHNOLOGY RESOURCES

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215.1

215.2

215.3

215.4

215.5

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Acceptable Use

Inappropriate Personal Use

215.6

215.7

215.8

215.9

215.10

Privacy

Limitations on Use

Technology Resources Acknowledgment Form

Administrative Rulemaking Authority

Violations

215.1 Purpose and Policy.

215.1-1. Purpose. The purpose of this law is to regulate the usage of technology resources and

processed data owned and operated by the Nation.

215.1-2. Policy. It is the policy of the Nation to provide its community and employees access to the

tools necessary to participate in a technological society. Allowing limited personal use of these tools

helps enhance the quality of the workplace and helps the Nation to retain highly qualified and skilled

workers and officials, as well as to develop the technological skills of the community. Pursuant to

this law, users are permitted limited use of technology resources of the Nation for personal needs if

the use does not interfere with the authorized duties of the user or official business of the Nation.

(a) This law does not create a right to use technology resources of the Nation for personal

use.

(b) This law in no way limits use of technology resources to fulfill authorized duties.

215.2 Adoption, Amendment, Repeal.

215.2-1. This law was adopted by the Oneida Business Committee by resolution BC-0 9-29-04-B

and amended by resolution BC-__-__-__-__.

215.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida

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

215.2-3. 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.

215.2-4. 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.

215.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

215.3 Definitions.

215.3-1. 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) “Employee” means any individual who is employed by the Nation but does not include

elected or appointed officials or individuals employed by a corporation chartered by the Nation.

(b) “DTS” means the Digital Technology Services.

(c) “Nation” means the Oneida Nation.

(d) “Personal use” means any technology resource use that is conducted for purposes other than

accomplishing an authorized activity or official business of the Nation.

(e) “Technology Resources” means any tools, systems, and applications that use technology to

fulfill their purposes. Technology resources may include, but are not limited to, computers,

2 O.C. 215 – Page 1

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tablets, telephones, facsimile machines, photocopiers, networks, virtual applications, and

software, such as internet connectivity and access to internet services and electronic mail.

(f) “User” means any individual who uses the technology resources of the Nation, including but

not limited to employees, independent contractor personnel, interns, members of boards,

committees or commissions, volunteers, guests, and visitors.

215.4 Acceptable Use.

215.4-1. Users may utilize technology resources for authorized activities.

215.4-2. Users may engage in personal use of technology resources when such use does not

interfere with the mission or operations of the entity in control of the resources and does not violate

applicable laws, rules, or standard operating procedures of the Nation.

215.4-3. Employees may engage in limited personal use of technology resources if the usage does

not violate section 215.5-1 of the law or standards enacted pursuant to section 215.7-1 of the law.

215.5 Inappropriate Personal Use.

215.5-1. Users are expected to conduct themselves professionally and to refrain from using

technology resources of the Nation for activities that are inappropriate no matter in what location the

user utilizes the technology resources of the Nation. Misuse or inappropriate personal use of

technology resources of the Nation includes:

(a) Any personal use that could cause congestion, delay, or disruption of service to the

network. This may include, but is not limited to, downloading video, sound or other large file

attachments that can degrade performance of the entire network.

(b) The creation, copying, transmission, or retransmission of chain letters or unauthorized

mass mailings regardless of the subject matter. An unauthorized mass mailing is a mailing

sent to fifty (50) or more addresses without the permission of the employee’s supervisor.

(c) Using technology resources of the Nation for activities that are illegal.

(d) Using technology resources of the Nation for activities that are offensive to fellow users.

Such activities include, but are not limited to, hate speech, or material that ridicules another

individual on the basis of race, creed, religion, color, sex, disability, national origin, or

sexual orientation.

(e) The creation, download, viewing, storage, copying, or transmission of sexually explicit

or sexually oriented materials.

(f) Posting unauthorized information to external newsgroups, bulletin boards, or other public

forums.

(g) The unauthorized acquisition, use, reproduction, transmission, or distribution of any

controlled information including software and data, that includes, copyrighted, trade marked

or material with other intellectual property rights, beyond fair use, or proprietary data.

(h) Unauthorized use of another user’s password or account.

(i) Excessive personal use of the internet pursuant to section 215.7-1(a) of this law.

(j) Maintenance of a private business without proper authorization.

(k) Transmission of computer viruses or other malicious code.

215.5-2. It shall not be deemed an inappropriate use for a user to share information or evidence

regarding the inappropriate use of another user if reporting the inappropriate use in accordance with

the proper reporting structure.

2 O.C. 215 – Page 2

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215.6 Privacy.

215.6-1. All activities using technology resources of the Nation may be monitored, intercepted,

recorded, read, copied, or captured by DTS to ensure user compliance with this law. Use of

technology resources, authorized or unauthorized, constitutes consent to this monitoring,

interception, recording, reading, copying, or capturing.

215.6-2. This law in no way creates a right to privacy in technology resource usage. Users should

not expect privacy in their usage, including accessing personal e-mail, brokerage, credit card, and

bank accounts through the internet.

215.7 Limitations on Use.

215.7-1. The privilege to use the technology resources of the Nation for personal use may be

revoked or limited. If the user is subject to the Nation’s laws and rules governing employment, the

supervisor may revoke or limit the privileges of that user.

(a) Supervisors are hereby authorized to develop standard operating procedures defining

excessive use of technology resources for any user that is an employee of the Nation and

subject to the supervisor’s authority. Any standard operating procedure shall be developed in

accordance with all other laws and rules of the Nation. The standard operating procedures

may also establish the appropriate times to use technology resources for personal use.

Supervisors shall provide adequate notice of the terms of any standard operating procedures

to all individuals covered by such procedures.

(b) Tribal entities, agencies, or departments that provide technology resources to community

members or to the public may adopt usage policies not inconsistent with this law or rules

developed in accordance with this law.

215.8 Technology Resources Acknowledgment Form.

215.8-1. Users shall receive a copy of the Technology Resources law and technology resources

acknowledgment form. All users shall sign the acknowledgment form in order to gain or continue

access to technology resources of the Nation.

215.9 Administrative Rulemaking Authority.

215.9-1. DTS shall be delegated rulemaking authority in accordance with the Administrative

Rulemaking law to promulgate rules to govern technology resources of the Nation.

215.10 Violations.

215.10-1. Violations of the law or any rule adopted in accordance with this law may result in

limitation on use of or a loss of access to the technology resources of the Nation.

215.10-2. The Nation reserves the right to advise law enforcement officials of suspected illegal

activity found within a user’s technology resources and provide them such resources as evidence.

215.10-3. Employee violations of this law are subject to discipline in accordance with the Nations

laws governing employment.

End.

2 O.C. 215 – Page 3

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Emergency Adopted – BC-03-24-04-A

Adopted – BC-09-29-04-B

Amended – BC-__-__-__-__

2 O.C. 215 – Page 4

49 of 51

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box365 • Oneida, WI 54155-0365

Oneida-nsn.gov

~

000000

ONEIDA

AGENDA REQUEST FORM

06/05/2024

1) Request Date: _____________________________________________________

Ralinda Ninham-Lamberies

2) Contact Person(s): ______________________________________

Finance

Dept:____________________________

4242

rlamberi@oneidanation.org

Phone Number:_________________________

Email: __________________________________

Amend Title 10 General Welfare Exclusion Chapter 1004 OLIP

3) Agenda Title:___________________________________________________________________

4) Detailed description of the item and the reason/justification it is being brought before the LOC:

Emergency amendment to eliminate 1004.5-3 requiring notification

_______________________________________________________________________________

within one year of the date of death. Recently a member has missed the

_______________________________________________________________________________

deadline by four days and has had the request for the funding in excess

of the burial amount declined. There would not be an increase in

_______________________________________________________________________________

liability if this provision is removed due to limited staff availability.

_______________________________________________________________________________

List any supporting materials included and submitted with the Agenda Request Form

1) ________________________________

3) ________________________________

2) ________________________________

4) ________________________________

5) Please list any laws, policies or resolutions that might be affected:

_______________________________________________________________________________

6) Please list all other departments or person(s) you have brought your concern to:

______________________________________________________________________________

7) Do you consider this request urgent?

Iii Yes

□ No

If yes, please indicate why:

To make member impacted whole

________________________________________________________________

I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by

the Legislative Operating Committee.

Signature of Requester:

Digitally signed by Ralinda Ninham-Lamberies

Date: 2024.05.1312:51 :22-05'00'

__________________________________________________________________________

Please send this form and all supporting materials to:

LOC@oneidanation.org

or

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

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

50 of 51

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

r'\

=DODDOO

ONEIDA

AGENDA REQUEST FORM

5/13/24

1) Request Date: _____________________________________________________

Grace Elliott

2) Contact Person(s): ______________________________________

Legislative Reference Office

Dept:____________________________

920-869-4320

gelliott@oneidanation.org

Phone Number:_________________________

Email: __________________________________

Request to add the development of a Uniform Commercial Code to the Active Files List.

3) Agenda Title:___________________________________________________________________

4) Detailed description of the item and the reason/justification it is being brought before the LOC:

_______________________________________________________________________________

Business Corporation Codes are currently on the Active Files List. A

successful business code requires a partner uniform commercial code.

_______________________________________________________________________________

Developing a uniform commercial code at the same time as the business

corporation codes may be an efficient legislative strategy.

_______________________________________________________________________________

_______________________________________________________________________________

List any supporting materials included and submitted with the Agenda Request Form

1) ________________________________

3) ________________________________

2) ________________________________

4) ________________________________

5) Please list any laws, policies or resolutions that might be affected:

5 O.C. 504 Small Business Loans

_______________________________________________________________________________

6) Please list all other departments or person(s) you have brought your concern to:

Oneida Legal Department. Attorney Carl Artman.

______________________________________________________________________________

7) Do you consider this request urgent?

□ Yes

■ No

□

If yes, please indicate why:

________________________________________________________________

I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by

the Legislative Operating Committee.

Signature of Requester:

__________________________________________________________________________

Please send this form and all supporting materials to:

LOC@oneidanation.org

or

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

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

51 of 51

June 2024

June 2024

July 2024

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SuMo TuWe Th Fr Sa

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MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

Jun 3

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5

6

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10:30am Tax Law

(BC_Exec_Conf_Room)

- Grace L. Elliott

5:30pm LOC Community

Meeting (Norbert Hill

Center Cafeteria) - LOC

8:30am LOC Prep

Meeting (Microsoft

Teams Meeting;

BC_Conf_Room) 9:00am Legislative

Operating Committee

Meeting (Microsoft

Teams Meeting;

1:30pm LOC Work

Session (Microsoft

Teams Meeting;

10

11

12

13

14

2:00pm LOC Community

Meeting Prep: Eviction

and Termination Law

Amendments

(Microsoft Teams

Meeting;

BC_Exec_Conf_Room) Clorissa N. Leeman

2:30pm Real Property Law

Review (Microsoft

Teams Meeting;

BC_Exec_Conf_Room) Grace L. Elliott

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21

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28

11:00am Environmental

Review Law - work

meeting (Microsoft

Teams Meeting) Carolyn A. Salutz

24

LOC

9:00am LLC Draft Review

(Microsoft Teams

Meeting;

BC_Exec_Conf_Room) 10:30am Oneida Law

Enforcement

Ordinance

Amendments Work

1:30pm LOC Strategic

Planning (Microsoft

Teams Meeting;

8:30am LOC Prep

Meeting (Microsoft

Teams Meeting;

9:00am Legislative

Operating Committee

10:30am Oneida

Personnel Policies and

1:30pm LOC Community

Meeting Prep: Eviction

5:30pm LOC Community

Meeting: Eviction and

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