# Oneida Business Committee (2024) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A7d812fc15f9bfb96 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 51 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA Business Committee Conference Room - 2nd Floor Norbert Hill Center 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. 2 of 51 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov r'\ mooao 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 Page 1 of 2 ~ ONEIDA 3 of 51 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 Page 2 of 2 4 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 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. Page 1 of 3 A good mind. A good heart. A strong fire. 5 of 51 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. Page 2 of 3 ~ ONEIDA 6 of 51 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. Page 3 of 3 ~ ONEIDA 7 of 51 Oneida Nation Legislative Operating Committee Legislative Reference Office PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov TO: FROM: DATE: RE: "' =DODDOO 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. Page 1 of 3 A good mind. A good heart. A strong fire. 8 of 51 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. Page 2 of 3 ~ ONEIDA 9 of 51 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. Page 3 of 3 ~ ONEIDA 10 of 51 Draft 3 (Redline to Current) – PM Draft 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 206.2. 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 11 of 51 Draft 3 (Redline to Current) – PM Draft 2024 03 06 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 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 12 of 51 Draft 3 (Redline to Current) – PM Draft 2024 03 06 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 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 13 of 51 Draft 3 (Redline to Current) – PM Draft 2024 03 06 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 (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 2 O.C. 206 – Page 4 14 of 51 Draft 3 (Redline to Current) – PM Draft 2024 03 06 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 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; 2 O.C. 206 – Page 5 15 of 51 Draft 3 (Redline to Current) – PM Draft 2024 03 06 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 (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 16 of 51 Draft 3 (Redline to Current) – PM Draft 2024 03 06 265 266 267 268 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-' \ 17 of 51 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 ~ ONEIDA 19 of 51 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. 22 of 51 Draft 1 (Redline to Current) – PM Draft 2024 06 05 Title 2. Employment - Chapter 210 Lot$=sles Kayanl^sla Khale> Nya>teka>sl#htake Lonatl$hute> Kayanl^sla they’re driving law and a variety of vehicles the responsibility is attached to them VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT 210.1. Purpose and Policy 210.2. Adoption, Amendment, Repeal 210.3. Definitions 210.4. Driver Certification 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 210.5. Responsibilities of a Certified Driver 210.6. Fleet Vehicles 210.7. Motor Vehicle Crashes or Damage to Vehicles 210.8. Suspension of Driver Certification and Other Enforcement 210.1. Purpose and Policy 210.1-1. Purpose. The purpose of this law is to establish standards that certify employees, elected and appointed officials, and volunteers to drive a fleet vehicle or personal vehicle on official business and regulate the use of all vehicles owned and leased by the Nation. 210.1-2. Policy. It is the policy of the Nation to ensure the safety of the community and employees of the Nation; minimize the Nation’s liability when physical damage to vehicles and/or property damage occurs as a result of a motor vehicle crash; and improve the efficiency and effectiveness of the use of vehicles owned by the Nation. 210.2. Adoption, Amendment, Repeal 210.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-28-17-C, and amended by resolutionresolutions BC-04-08-20-H. and BC-__-__-__-__. 210.2-2. This law may be amended or repealed by the Oneida Business Committee and/or Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 210.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 210.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 210.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 210.3. Definitions 210.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Area manager” means an employee’s supervisor’s supervisor; or, an individual designated to be the area manager by a General Manager position. (b) “Business day” means Monday through Friday, from 8:00 a.m. to 4:30 p.m.; excluding the Nation’s holidays. (c) “Employee” means an individual employed by the Nation, but does not include elected or appointed officials, or employees of a chartered corporation of the Nation. (d) “Entity” means a department, enterprise, program, board, committee or commission of the Nation. (e) “Employee Assistance Program” means a professional counseling program staffed by clinical social workers licensed by the State of Wisconsin which offers services to the Nation’s employees and family members. (f) “Fleet vehicle” means a vehicle owned or leased by the Nation. (g) “Moving violation” means any violation of motor vehicle or traffic law that is committed by the driver of a vehicle while the vehicle is moving. A moving violation does 2 O.C. 210 – Page 1 23 of 51 Draft 1 (Redline to Current) – PM Draft 2024 06 05 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 not include parking violations, equipment violations, or paperwork violations relating to insurance, registration or inspection. (h) “Nation” means the Oneida Nation. (i) “Prohibited drug” means marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substances included in Schedules I through V, as defined by Section 812 of Title 21 of the United States Code. Prohibited drugs also includes prescription medication or over-the-counter medicine when used in an unauthorized or unlawful manner. (j) “Supervisor” means the direct supervisor of an employee. For volunteers, elected or appointed officials, or employees without a direct supervisor, it means the Human Resources Department or any party who has been designated by the Human Resources Department as responsible for performing a supervisor’s responsibilities under this law. (k) “Weapon” means a firearm, knife, electric weapon, club, or any other object intended to cause harm to oneself or others. 210.4. Driver Certification 210.4-1. An individual shall obtain driver certification from the Human Resources Department before operating a fleet vehicle or personal vehicle on official business. 210.4-2. Qualifications for Certification. In order to receive driver certification a person shall: (a) Be eighteen (18) years of age or older; (b) Hold a valid Wisconsin driver’s license; (1) A person who holds a valid driver’s license from a state other than Wisconsin shall have thirty (30) days after his or her first day of employment or service to obtain a Wisconsin driver’s license. (c) Have a driving record that does not reflect any of the following conditions: (1) Three (3) or more moving violations and/or at-fault motor vehicle crashes in the past two (2) years; and/or (2) An operating while intoxicated (OWI), driving under the influence (DUI), or prohibited alcohol concentration (PAC) citation within the last twelve (12) months. (d) Complete all driver training requirements imposed by the Nation or any federal or state agency regulations; (e) Satisfy any other requirements specific to the job description and/or vehicle that may be used by or assigned to the person; and (f) Maintain one (1) of the following minimum insurance requirements for a personal vehicle if the individual may use his or her personal vehicle to conduct official business: (1) the individual’s insurance covers: (A) one hundred thousand dollars ($100,000) per person; (B) three hundred thousand dollars ($300,000) per motor vehicle crash for bodily injury; and (C) twenty-five thousand dollars ($25,000) property damage; or (2) the individual’s insurance covers two hundred and fifty thousand dollars ($250,000) combined single limit. 210.4-3. The Nation’s Human Resources Department shall be responsible for determining whether an individual meets all the qualifications before approving or denying a driver certification. (a) An individual shall provide his or her appropriate license, training certification, and insurance information to the Human Resources Department. (b) The Human Resources Department shall have the authority to check the driving record of an individual at any time. 2 O.C. 210 – Page 2 24 of 51 Draft 1 (Redline to Current) – PM Draft 2024 06 05 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 (c) The Human Resources Department shall maintain a current list of all certified drivers and provide the list to Fleet Management, Risk Management, and Central Accounting on a regular basis. 210.4-4. A supervisor shall ensure that an individual has received his or her driver certification from the Human Resources Department before allowing the individual to drive a fleet vehicle or a personal vehicle on official business. 210.4-5. Exemption. An individual whose duties with respect to the implementation of a contract, agreement, or compact of the Nation include driving may be subject to compliance with a motor vehicle operation policy as provided in the contract, agreement, or compact of the Nation when this law is less stringent than the said motor vehicle operation policy. 210.5. Responsibilities of a Certified Driver 210.5-1. General Responsibilities. While operating a fleet vehicle or a personal vehicle on official business, an individual shall: (a) Abide by all traffic laws; (b) Wear a seat belt and require any passengers to wear a seat belt at all times; (c) Not drive while under the influence of prohibited drugs and/or alcohol; (d) Not drive if impaired by a medical or physical condition or other factor that affects a driver’s motor skills, reaction time, or concentration; (e) Not carry a weapon, whether in the open or concealed; (1) Exemption. An individual who is carrying a weapon in the course of performing his or her official duties, or is participating in cultural activities or ceremonies is exempt from this requirement. (f) Not transport prohibited drugs and/or alcohol; (1) Exemption. An employee of the Nation who is transporting prohibited drugs and/or alcohol in the course of performing his or her job duties is exempt from this requirement. (g) Not deliver goods or services for personal gain, or operate private pools where the riders pay the driver; and (h) Not use electronic devices in an unlawful manner. 210.5-2. Training Responsibilities. An individual with driver certification shall complete the driver safety training provided and monitored by the Human Resources Department every three (3) years. (a) Exemption. An individual who is required to maintain compliance with any specialized driver safety training requirements imposed by state or federal regulatory agencies shall be exempt from the requirement to complete the driver safety training provided by the Human Resources Department. 210.5-3. Fleet Vehicle Responsibilities. When operating a fleet vehicle, an individual shall: (a) Complete a vehicle mileage log; (b) Not transport unauthorized passengers; (c) Notify the Fleet Management Department immediately of any problems with a fleet vehicle that may be a safety or mechanical hazard, or of any incidents that result in the inability of a fleet vehicle to complete a trip; (d) Be personally responsible for all traffic citation costs, parking ticket costs, or any similar expense related to vehicle use; (e) Use Oneida Retail locations for fueling fleet vehicles, unless the fleet vehicle needs fuel before it can be taken to an Oneida Retail location; (f) Not smoke or use electronic smoking devices or permit others to smoke or use electronic smoking devices in the fleet vehicle; and 2 O.C. 210 – Page 3 25 of 51 Draft 1 (Redline to Current) – PM Draft 2024 06 05 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 (g) Ensure the interior of the vehicle is kept in good condition, clean, and free of debris. 210.5-4. Personal Vehicle Responsibilities. When operating a personal vehicle on official business, an individual shall: (a) Obtain permission from his or her supervisor to operate a personal vehicle on official business; and (b) Submit all required documents for mileage reimbursement, if seeking reimbursement for miles driven while conducting official business, within thirty (30) days of driving the miles or by the end of the current fiscal year, whichever is sooner. (1) Not seeking mileage reimbursement does not exempt an individual from the provisions of this law. 210.5-5. Notification Requirements. An individual shall notify his or her supervisor if he or she: (a) Has his or her driver’s license suspended or revoked by the State, or has his or her driver’s license become invalid for any other reason; (b) Meets any of the conditions for disciplinary action as provided in section 210.8-7; and/or (c) Has any impairment by a medical or physical condition or other factor that affects his or her motor skills, reaction time, or concentration. 210.6. Fleet Vehicles 210.6-1. Fleet Management Department. The Nation’s Fleet Management Department shall purchase, manage, and monitor the use of the Nation’s fleet vehicles. The Fleet Management Department’s responsibilities shall include, but are not limited to: (a) Maintain a list of all fleet vehicles that are available for use, including vehicles permanently assigned to specific entities of the Nation; (b) Remove unsafe vehicles from the fleet; (c) Obtain estimates of and schedule fleet vehicle repairs when necessary; (d) Install or remove equipment on fleet vehicles; (e) Ensure the Nation’s logo is on all fleet vehicles; and (f) Ensure that all fleet vehicles are equipped with a mileage log and an auto incident kit which contains forms and instructions for reporting any incident. 210.6-2. Automotive Department. The Automotive Department shall service and maintain fleet vehicles according to factory recommendations, or the maintenance schedule established by the Automotive Department, whichever is stricter. Any vehicle deemed unsafe by the Automotive Department shall be reported to the Fleet Management Department. 210.6-3. Risk Management Department. The Risk Management Department shall be responsible for securing and maintaining insurance coverage for all fleet vehicles. Additional responsibilities of the Risk Management Department shall include, but is not limited to: (a) Providing auto insurance identification cards in every fleet vehicle; (b) Processing all submitted vehicle claims and related information; and (c) Submitting claims to the insurance company. 210.6-4. Use of a Fleet Vehicle. A fleet vehicle may be permanently assigned to an entity for use or requested for use on a temporary basis. A fleet vehicle shall be used for conducting official business of the Nation. When used for travel purposes, a fleet vehicle may also be used for incidental purposes such as travel to and from lodging and/or meal sites. (a) Prohibited Use of a Fleet Vehicles. A fleet vehicle shall not be used for any of the following purposes: (1) Personal use for non-business purposes; (2) Towing cargo for personal reasons; (3) Hauling loads that could structurally damage the vehicle; and/or 2 O.C. 210 – Page 4 26 of 51 Draft 1 (Redline to Current) – PM Draft 2024 06 05 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 (4) Jump starting vehicles, other than fleet vehicles. 210.6-5. Permanently Assigned Fleet Vehicles. The Fleet Management Department may permanently assign a fleet vehicle to an entity if the entity meets the minimum mileage criteria as established by the Fleet Management Department. (a) Exception to Minimum Mileage Criteria. The Fleet Management Department may grant an entity an exception to the minimum mileage criteria. (b) An entity who is permanently assigned a fleet vehicle shall regularly schedule maintenance work and safety checks with the Automotive Department. (c) An entity that is permanently assigned a fleet vehicle is responsible for ensuring that any individual who drives the vehicle has his or her driver certification. 210.6-6. Temporary Use of a Fleet Vehicle. An individual in an entity that is not permanently assigned a fleet vehicle may request to use a fleet vehicle for the purpose of conducting official business by submitting a request to the Fleet Management Department. (a) Requests for the use of a fleet vehicle shall be made at least one (1) week in advance, unless urgent circumstances arise. (b) Before determining whether a fleet vehicle is available, or approving the use of a fleet vehicle, the Fleet Management Department shall confirm that: (1) The individual requesting the fleet vehicle has his or her driver certification; (2) The individual has authorization to use the fleet vehicle from his or her supervisor, if an employee, or by the individual’s entity, if the individual is an elected or appointed official of the Nation or volunteer; and (3) Any passengers are authorized to travel in a fleet vehicle. (c) The Fleet Management Department may combine vehicle use for travel to the same destination. (d) The Fleet Management Department may cancel reservations that are not fulfilled in a timely manner. 210.6-7. Authorized Passengers. In addition to the employees, elected or appointed officials, or volunteers who are authorized to use a fleet vehicle, the following individuals shall be authorized to be a passenger in a fleet vehicle: (a) Individuals being transported as part of a program or service of the Nation; (b) Individuals being transported during the normal and ordinary course of representing and/or conducting business on behalf of the Nation; and/or (c) Any other individual who is authorized to be a passenger by the supervisor of the employee, elected or appointed official, or volunteer. 210.6-8. Modifications to Fleet Vehicles. Modifications to fleet vehicles for personal reasons are not permitted. Modifications to fleet vehicles for operating purposes may be allowed only with the approval of the Fleet Management Department. (a) Radar detection devices shall not be installed or used in fleet vehicles. 210.6-9. Rental Vehicles. An individual shall have his or her driver certification before using a rental vehicle to conduct official business. An individual shall operate the rental vehicle with the same responsibilities and restrictions as a fleet vehicle. (a) A vehicle shall be rented in accordance with the Nation’s laws and policies governing travel. Every vehicle rented shall include the purchase of the maximum collision damage waiver offered by the rental company. 210.7. Motor Vehicle Crashes or Damage to Vehicles 210.7-1. In the event of a motor vehicle crash or damage involving the fleet vehicle or personal vehicle driven on official business, an individual shall be subject to the following reporting requirements; provided that, if an individual sustains injuries that make it impossible to meet the 2 O.C. 210 – Page 5 27 of 51 Draft 1 (Redline to Current) – PM Draft 2024 06 05 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 reporting deadlines identified herein; the driver shall instead make the required reports as soon as he or she is able to do so: (a) immediately report the crash or damage to local law enforcement if it results in any of the following: (1) death of a person; (2) an injury to the driver or another person that requires medical attention; (3) damage to property that does not belong to the driver or the Nation; or (4) a vehicle being disabled and/or needing to be towed. (b) immediately report the motor vehicle crash or damage to his or her supervisor; and (c) provide the Fleet Management Department and Risk Management Department with a completed auto incident report by the end of the next business day immediately following the motor vehicle crash or damage. 210.7-2. Internal Review. The Fleet Management Department and Risk Management Department shall coordinate and conduct an internal review of the auto incident report for a motor vehicle crash and/or damage to a vehicle. (a) Fleet Management and Risk Management may recommend whether an individual should be subject to disciplinary action and/or a driver safety training requirement based on the motor vehicle crash or incident resulting in damage to a vehicle. (b) The internal review shall be completed as soon as possible after a motor vehicle crash has been reported. (c) Following an internal review, Fleet Management and Risk Management shall issue a report. Copies of the report shall be: (1) provided to the driver, the driver’s supervisor, and the driver’s area manager; and (2) provided to the Human Resources Department if the Fleet Management Department and Risk Management Department recommend disciplinary action. 210.8. Suspension of Driver Certification and Other Enforcement 210.8-1. Suspension of driver certification is the suspension of an individual’s ability to drive a fleet vehicle or personal vehicle on official business and is not a leave from work. Suspension of driver certification is non-appealable. 210.8-2. Qualifications for Suspension. A supervisor shall suspend an individual’s driver certification if the individual’s driver’s license is suspended or revoked by the State or becomes invalid for any other reason. (a) A supervisor may refer drivers to the Employee Assistance Program in accordance with applicable laws and policies of the Nation. 210.8-3. Length of Suspension. The individual’s driver certification shall be suspended until a time in which the individual has obtained a valid driver’s license and meets the qualifications for reinstatement of driver certification. 210.8-4. Notification of Suspension. The supervisor shall notify the Human Resources Department in writing if he or she suspends the driver certification of an individual and shall provide the basis for the suspension. Once notified of a suspension of driver certification the Human Resources Department shall remove the individual from the list of current certified drivers. 210.8-5. Reasonable Accommodations to Suspension. If the suspension of an individual’s driver certification affects the individual’s ability to perform his or her job duties, a supervisor may take one of the following actions: (a) Reassign the individual to a position which does not require driving; (b) Provide non-driving accommodation within the position; (c) Remove the driving requirement from the job description; 2 O.C. 210 – Page 6 28 of 51 Draft 1 (Redline to Current) – PM Draft 2024 06 05 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 (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 29 of 51 Draft 1 – PM Draft 2024 06 05 Title 2. Employment - Chapter 210 Lot$=sles Kayanl^sla Khale> Nya>teka>sl#htake Lonatl$hute> Kayanl^sla they’re driving law and a variety of vehicles the responsibility is attached to them VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT 210.1. Purpose and Policy 210.2. Adoption, Amendment, Repeal 210.3. Definitions 210.4. Driver Certification 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 210.5. Responsibilities of a Certified Driver 210.6. Fleet Vehicles 210.7. Motor Vehicle Crashes or Damage to Vehicles 210.8. Suspension of Driver Certification and Other Enforcement 210.1. Purpose and Policy 210.1-1. Purpose. The purpose of this law is to establish standards that certify employees, elected and appointed officials, and volunteers to drive a fleet vehicle or personal vehicle on official business and regulate the use of all vehicles owned and leased by the Nation. 210.1-2. Policy. It is the policy of the Nation to ensure the safety of the community and employees of the Nation; minimize the Nation’s liability when physical damage to vehicles and/or property damage occurs as a result of a motor vehicle crash; and improve the efficiency and effectiveness of the use of vehicles owned by the Nation. 210.2. Adoption, Amendment, Repeal 210.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-28-17-C, and amended by resolutions BC-04-08-20-H and BC-__-__-__-__. 210.2-2. This law may be amended or repealed by the Oneida Business Committee and/or Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 210.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 210.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 210.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 210.3. Definitions 210.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Area manager” means an employee’s supervisor’s supervisor; or, an individual designated to be the area manager by a General Manager position. (b) “Business day” means Monday through Friday, from 8:00 a.m. to 4:30 p.m.; excluding the Nation’s holidays. (c) “Employee” means an individual employed by the Nation, but does not include elected or appointed officials, or employees of a chartered corporation of the Nation. (d) “Entity” means a department, enterprise, program, board, committee or commission of the Nation. (e) “Employee Assistance Program” means a professional counseling program staffed by clinical social workers licensed by the State of Wisconsin which offers services to the Nation’s employees and family members. (f) “Fleet vehicle” means a vehicle owned or leased by the Nation. (g) “Moving violation” means any violation of motor vehicle or traffic law that is committed by the driver of a vehicle while the vehicle is moving. A moving violation does 2 O.C. 210 – Page 1 30 of 51 Draft 1 – PM Draft 2024 06 05 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 not include parking violations, equipment violations, or paperwork violations relating to insurance, registration or inspection. (h) “Nation” means the Oneida Nation. (i) “Prohibited drug” means marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substances included in Schedules I through V, as defined by Section 812 of Title 21 of the United States Code. Prohibited drugs also includes prescription medication or over-the-counter medicine when used in an unauthorized or unlawful manner. (j) “Supervisor” means the direct supervisor of an employee. For volunteers, elected or appointed officials, or employees without a direct supervisor, it means the Human Resources Department or any party who has been designated by the Human Resources Department as responsible for performing a supervisor’s responsibilities under this law. (k) “Weapon” means a firearm, knife, electric weapon, club, or any other object intended to cause harm to oneself or others. 210.4. Driver Certification 210.4-1. An individual shall obtain driver certification from the Human Resources Department before operating a fleet vehicle or personal vehicle on official business. 210.4-2. Qualifications for Certification. In order to receive driver certification a person shall: (a) Be eighteen (18) years of age or older; (b) Hold a valid Wisconsin driver’s license; (1) A person who holds a valid driver’s license from a state other than Wisconsin shall have thirty (30) days after his or her first day of employment or service to obtain a Wisconsin driver’s license. (c) Have a driving record that does not reflect any of the following conditions: (1) Three (3) or more moving violations and/or at-fault motor vehicle crashes in the past two (2) years; and/or (2) An operating while intoxicated (OWI), driving under the influence (DUI), or prohibited alcohol concentration (PAC) citation within the last twelve (12) months. (d) Complete all driver training requirements imposed by the Nation or any federal or state agency regulations; (e) Satisfy any other requirements specific to the job description and/or vehicle that may be used by or assigned to the person; and (f) Maintain one (1) of the following minimum insurance requirements for a personal vehicle if the individual may use his or her personal vehicle to conduct official business: (1) the individual’s insurance covers: (A) one hundred thousand dollars ($100,000) per person; (B) three hundred thousand dollars ($300,000) per motor vehicle crash for bodily injury; and (C) twenty-five thousand dollars ($25,000) property damage; or (2) the individual’s insurance covers two hundred and fifty thousand dollars ($250,000) combined single limit. 210.4-3. The Nation’s Human Resources Department shall be responsible for determining whether an individual meets all the qualifications before approving or denying a driver certification. (a) An individual shall provide his or her appropriate license, training certification, and insurance information to the Human Resources Department. (b) The Human Resources Department shall have the authority to check the driving record of an individual at any time. 2 O.C. 210 – Page 2 31 of 51 Draft 1 – PM Draft 2024 06 05 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 (c) The Human Resources Department shall maintain a current list of all certified drivers and provide the list to Fleet Management, Risk Management, and Central Accounting on a regular basis. 210.4-4. A supervisor shall ensure that an individual has received his or her driver certification from the Human Resources Department before allowing the individual to drive a fleet vehicle or a personal vehicle on official business. 210.4-5. Exemption. An individual whose duties with respect to the implementation of a contract, agreement, or compact of the Nation include driving may be subject to compliance with a motor vehicle operation policy as provided in the contract, agreement, or compact of the Nation when this law is less stringent than the said motor vehicle operation policy. 210.5. Responsibilities of a Certified Driver 210.5-1. General Responsibilities. While operating a fleet vehicle or a personal vehicle on official business, an individual shall: (a) Abide by all traffic laws; (b) Wear a seat belt and require any passengers to wear a seat belt at all times; (c) Not drive while under the influence of prohibited drugs and/or alcohol; (d) Not drive if impaired by a medical or physical condition or other factor that affects a driver’s motor skills, reaction time, or concentration; (e) Not carry a weapon, whether in the open or concealed; (1) Exemption. An individual who is carrying a weapon in the course of performing his or her official duties, or is participating in cultural activities or ceremonies is exempt from this requirement. (f) Not transport prohibited drugs and/or alcohol; (1) Exemption. An employee of the Nation who is transporting prohibited drugs and/or alcohol in the course of performing his or her job duties is exempt from this requirement. (g) Not deliver goods or services for personal gain, or operate private pools where the riders pay the driver; and (h) Not use electronic devices in an unlawful manner. 210.5-2. Training Responsibilities. An individual with driver certification shall complete the driver safety training provided and monitored by the Human Resources Department every three (3) years. (a) Exemption. An individual who is required to maintain compliance with any specialized driver safety training requirements imposed by state or federal regulatory agencies shall be exempt from the requirement to complete the driver safety training provided by the Human Resources Department. 210.5-3. Fleet Vehicle Responsibilities. When operating a fleet vehicle, an individual shall: (a) Complete a vehicle mileage log; (b) Not transport unauthorized passengers; (c) Notify the Fleet Management Department immediately of any problems with a fleet vehicle that may be a safety or mechanical hazard, or of any incidents that result in the inability of a fleet vehicle to complete a trip; (d) Be personally responsible for all traffic citation costs, parking ticket costs, or any similar expense related to vehicle use; (e) Use Oneida Retail locations for fueling fleet vehicles, unless the fleet vehicle needs fuel before it can be taken to an Oneida Retail location; (f) Not smoke or use electronic smoking devices or permit others to smoke or use electronic smoking devices in the fleet vehicle; and 2 O.C. 210 – Page 3 32 of 51 Draft 1 – PM Draft 2024 06 05 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 (g) Ensure the interior of the vehicle is kept in good condition, clean, and free of debris. 210.5-4. Personal Vehicle Responsibilities. When operating a personal vehicle on official business, an individual shall: (a) Obtain permission from his or her supervisor to operate a personal vehicle on official business; and (b) Submit all required documents for mileage reimbursement, if seeking reimbursement for miles driven while conducting official business, within thirty (30) days of driving the miles or by the end of the current fiscal year, whichever is sooner. (1) Not seeking mileage reimbursement does not exempt an individual from the provisions of this law. 210.5-5. Notification Requirements. An individual shall notify his or her supervisor if he or she: (a) Has his or her driver’s license suspended or revoked by the State, or has his or her driver’s license become invalid for any other reason; (b) Meets any of the conditions for disciplinary action as provided in section 210.8-7; and/or (c) Has any impairment by a medical or physical condition or other factor that affects his or her motor skills, reaction time, or concentration. 210.6. Fleet Vehicles 210.6-1. Fleet Management Department. The Nation’s Fleet Management Department shall manage and monitor the use of the Nation’s fleet vehicles. The Fleet Management Department’s responsibilities shall include, but are not limited to: (a) Maintain a list of all fleet vehicles that are available for use, including vehicles permanently assigned to specific entities of the Nation; (b) Remove unsafe vehicles from the fleet; (c) Obtain estimates of and schedule fleet vehicle repairs when necessary; (d) Install or remove equipment on fleet vehicles; (e) Ensure the Nation’s logo is on all fleet vehicles; and (f) Ensure that all fleet vehicles are equipped with a mileage log and an auto incident kit which contains forms and instructions for reporting any incident. 210.6-2. Automotive Department. The Automotive Department shall service and maintain fleet vehicles according to factory recommendations, or the maintenance schedule established by the Automotive Department, whichever is stricter. Any vehicle deemed unsafe by the Automotive Department shall be reported to the Fleet Management Department. 210.6-3. Risk Management Department. The Risk Management Department shall be responsible for securing and maintaining insurance coverage for all fleet vehicles. Additional responsibilities of the Risk Management Department shall include, but is not limited to: (a) Providing auto insurance identification cards in every fleet vehicle; (b) Processing all submitted vehicle claims and related information; and (c) Submitting claims to the insurance company. 210.6-4. Use of a Fleet Vehicle. A fleet vehicle may be permanently assigned to an entity for use or requested for use on a temporary basis. A fleet vehicle shall be used for conducting official business of the Nation. When used for travel purposes, a fleet vehicle may also be used for incidental purposes such as travel to and from lodging and/or meal sites. (a) Prohibited Use of a Fleet Vehicles. A fleet vehicle shall not be used for any of the following purposes: (1) Personal use for non-business purposes; (2) Towing cargo for personal reasons; (3) Hauling loads that could structurally damage the vehicle; and/or 2 O.C. 210 – Page 4 33 of 51 Draft 1 – PM Draft 2024 06 05 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 (4) Jump starting vehicles, other than fleet vehicles. 210.6-5. Permanently Assigned Fleet Vehicles. The Fleet Management Department may permanently assign a fleet vehicle to an entity if the entity meets the minimum mileage criteria as established by the Fleet Management Department. (a) Exception to Minimum Mileage Criteria. The Fleet Management Department may grant an entity an exception to the minimum mileage criteria. (b) An entity who is permanently assigned a fleet vehicle shall regularly schedule maintenance work and safety checks with the Automotive Department. (c) An entity that is permanently assigned a fleet vehicle is responsible for ensuring that any individual who drives the vehicle has his or her driver certification. 210.6-6. Temporary Use of a Fleet Vehicle. An individual in an entity that is not permanently assigned a fleet vehicle may request to use a fleet vehicle for the purpose of conducting official business by submitting a request to the Fleet Management Department. (a) Requests for the use of a fleet vehicle shall be made at least one (1) week in advance, unless urgent circumstances arise. (b) Before determining whether a fleet vehicle is available, or approving the use of a fleet vehicle, the Fleet Management Department shall confirm that: (1) The individual requesting the fleet vehicle has his or her driver certification; (2) The individual has authorization to use the fleet vehicle from his or her supervisor, if an employee, or by the individual’s entity, if the individual is an elected or appointed official of the Nation or volunteer; and (3) Any passengers are authorized to travel in a fleet vehicle. (c) The Fleet Management Department may combine vehicle use for travel to the same destination. (d) The Fleet Management Department may cancel reservations that are not fulfilled in a timely manner. 210.6-7. Authorized Passengers. In addition to the employees, elected or appointed officials, or volunteers who are authorized to use a fleet vehicle, the following individuals shall be authorized to be a passenger in a fleet vehicle: (a) Individuals being transported as part of a program or service of the Nation; (b) Individuals being transported during the normal and ordinary course of representing and/or conducting business on behalf of the Nation; and/or (c) Any other individual who is authorized to be a passenger by the supervisor of the employee, elected or appointed official, or volunteer. 210.6-8. Modifications to Fleet Vehicles. Modifications to fleet vehicles for personal reasons are not permitted. Modifications to fleet vehicles for operating purposes may be allowed only with the approval of the Fleet Management Department. (a) Radar detection devices shall not be installed or used in fleet vehicles. 210.6-9. Rental Vehicles. An individual shall have his or her driver certification before using a rental vehicle to conduct official business. An individual shall operate the rental vehicle with the same responsibilities and restrictions as a fleet vehicle. (a) A vehicle shall be rented in accordance with the Nation’s laws and policies governing travel. Every vehicle rented shall include the purchase of the maximum collision damage waiver offered by the rental company. 210.7. Motor Vehicle Crashes or Damage to Vehicles 210.7-1. In the event of a motor vehicle crash or damage involving the fleet vehicle or personal vehicle driven on official business, an individual shall be subject to the following reporting requirements; provided that, if an individual sustains injuries that make it impossible to meet the 2 O.C. 210 – Page 5 34 of 51 Draft 1 – PM Draft 2024 06 05 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 reporting deadlines identified herein; the driver shall instead make the required reports as soon as he or she is able to do so: (a) immediately report the crash or damage to local law enforcement if it results in any of the following: (1) death of a person; (2) an injury to the driver or another person that requires medical attention; (3) damage to property that does not belong to the driver or the Nation; or (4) a vehicle being disabled and/or needing to be towed. (b) immediately report the motor vehicle crash or damage to his or her supervisor; and (c) provide the Fleet Management Department and Risk Management Department with a completed auto incident report by the end of the next business day immediately following the motor vehicle crash or damage. 210.7-2. Internal Review. The Fleet Management Department and Risk Management Department shall coordinate and conduct an internal review of the auto incident report for a motor vehicle crash and/or damage to a vehicle. (a) Fleet Management and Risk Management may recommend whether an individual should be subject to disciplinary action and/or a driver safety training requirement based on the motor vehicle crash or incident resulting in damage to a vehicle. (b) The internal review shall be completed as soon as possible after a motor vehicle crash has been reported. (c) Following an internal review, Fleet Management and Risk Management shall issue a report. Copies of the report shall be: (1) provided to the driver, the driver’s supervisor, and the driver’s area manager; and (2) provided to the Human Resources Department if the Fleet Management Department and Risk Management Department recommend disciplinary action. 210.8. Suspension of Driver Certification and Other Enforcement 210.8-1. Suspension of driver certification is the suspension of an individual’s ability to drive a fleet vehicle or personal vehicle on official business and is not a leave from work. Suspension of driver certification is non-appealable. 210.8-2. Qualifications for Suspension. A supervisor shall suspend an individual’s driver certification if the individual’s driver’s license is suspended or revoked by the State or becomes invalid for any other reason. (a) A supervisor may refer drivers to the Employee Assistance Program in accordance with applicable laws and policies of the Nation. 210.8-3. Length of Suspension. The individual’s driver certification shall be suspended until a time in which the individual has obtained a valid driver’s license and meets the qualifications for reinstatement of driver certification. 210.8-4. Notification of Suspension. The supervisor shall notify the Human Resources Department in writing if he or she suspends the driver certification of an individual and shall provide the basis for the suspension. Once notified of a suspension of driver certification the Human Resources Department shall remove the individual from the list of current certified drivers. 210.8-5. Reasonable Accommodations to Suspension. If the suspension of an individual’s driver certification affects the individual’s ability to perform his or her job duties, a supervisor may take one of the following actions: (a) Reassign the individual to a position which does not require driving; (b) Provide non-driving accommodation within the position; (c) Remove the driving requirement from the job description; 2 O.C. 210 – Page 6 35 of 51 Draft 1 – PM Draft 2024 06 05 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 (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 36 of 51 Analysis to Draft 1 2024 06 05 VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT LAW AMENDMENTS LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Amendments Purpose Affected Entities Public Meeting Fiscal Impact 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Analysis by the Legislative Reference Office Remove the responsibility of the Fleet Management Department to purchase fleet vehicles. [2 O.C. 210.6-1]. The purpose of this law is to establish standards that certify employees, elected and appointed officials, and volunteers to drive a fleet vehicle or personal vehicle on official business and regulate the use of all vehicles owned and leased by the Nation. [2 O.C. 210.1-1]. Fleet Management Department, Finance A public meeting 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. 19 20 21 22 23 24 25 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 37 of 51 Analysis to Draft 1 2024 06 05 26 27 28 29 30 31 32 33 34 35  Finance Administration;  Public Works Division; and  Automotive Department. B. The following laws were reviewed in the drafting of this analysis:  Vehicle Driver Certification and Fleet Management law;  Oneida Personnel Policies and Procedures;  Oneida Travel and Expense Policy;  Clean Air law; and  Drug and Alcohol Free Workplace law. 36 37 38 39 40 41 42 43 44 SECTION 4. PROCESS 45 46 47 48 49 50 51 52 53 54 SECTION 5. CONTENTS OF THE LEGISLATION 55 56 57 58 59 60 61 62 63 64 65 66 67 68 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. Page 2 of 3 38 of 51 Analysis to Draft 1 2024 06 05 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96  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)]. 97 SECTION 7. OTHER CONSIDERATIONS 98 A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all 99 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 101 Act,” provides further clarification on who the Legislative Operating Committee may direct complete 102 a fiscal impact statement at various stages of the legislative process, as well as timeframes for 103 completing the fiscal impact statement. 104  Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact 105 statement be completed. 106 Page 3 of 3 39 of 51 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. 40 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 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. 41 of 51 Draft 1 (Redline to Current) 2024 06 05 Title 2. Employment – Chapter 215 COMPUTERTECHNOLOGY RESOURCES ORDINANCE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 215.1 215.2 215.3 215.4 215.5 215.6 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 42 of 51 Draft 1 (Redline to Current) 2024 06 05 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 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 43 of 51 Draft 1 (Redline to Current) 2024 06 05 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 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 info [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A7d812fc15f9bfb96. Public record. Not legal advice.