Oneida Business Committee (2020)
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
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PO Box 365 • Oneida, WI 54155‐0365
ONEIDA
Oneida‐nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room-2nd Floor Norbert Hill Center
March 4, 2020
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. February 19, 2020 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Vehicle Driver Certification and Fleet Management Amendments (pg. 4)
2. Children’s Burial Fund Amendments (pg. 80)
3. Oneida Food Service Code Amendments (pg. 102)
4. Curfew Law Amendments (pg. 139)
5. Domestic Animals Law Amendments (pg. 155)
6. Boards, Committees and Commissions Law Emergency Amendments (pg.
186)
7. Wellness Court Law (pg. 232)
IV.
New Submissions
V.
VI.
Additions
Administrative Updates
1. Consideration of Legislative Solution to Election Issues Memo (pg. 240)
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
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PO Box 365 • Oneida, WI 54155‐0365
ONEIDA
Oneida‐nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
February 19, 2020
9:00 a.m.
Present: Kirby Metoxen, Jennifer Webster, Ernest Stevens III, Daniel Guzman King
Excused: David P. Jordan
Others Present: Brandon Wisneski, Clorissa N. Santiago, Kristen Hooker, Jennifer Falck, Paul
Witek, Terry Cornelius, Jameson Wilson, Leyne Orosco, Jeff House, Lee Cornelius.
I.
Call to Order and Approval of the Agenda
Kirby Metoxen called the February 19, 2020, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Ernest Stevens III to adopt the agenda: seconded by Jennifer Webster. Motion
carried unanimously.
II.
Minutes to be Approved
1. February 05, 2020
Motion by Jennifer Webster to approve the February 5, 2020, Legislative Operating
Committee meeting minutes and forward to the Business Committee for consideration;
seconded by Ernest Stevens III. Motion carried unanimously.
III.
Current Business
1. Indian Preference in Contracting Law Amendments (1:19-8:47)
Motion by Ernest Stevens III to accept the updated public comment review
memorandum, draft law and legislative analysis; seconded by Daniel Guzman King.
Motion carried unanimously.
Motion by Jennifer Webster to approve the Indian Preference in Contracting Law
Amendments fiscal impact statement request memorandum and forward to the Finance
Department directing a fiscal impact statement be prepared and submitted to the LOC
by March 4, 2020; seconded by Daniel Guzman King. Motion carried unanimously.
2. Vehicle Driver Certification and Fleet Management Amendments (10:22-14:01)
Motion by Jennifer Webster 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.
3. Curfew Law Amendments (14:03-18:40)
Motion by Jennifer Webster to approve the draft law and the legislative analysis and
defer to a work meeting for further consideration; seconded by Ernest Stevens III.
Motion carried unanimously.
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A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of February 19, 2020
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4. Domestic Animals Law Amendments (18:43-20:35)
Motion by Ernest Stevens III to approve the draft law and legislative analysis and defer
to a work meeting for further consideration; seconded by Jennifer Webster. Motion
carried unanimously.
5. Tobacco Emergency Amendments (20:37-26:40)
Motion by Jennifer Webster to approve the Tobacco Law Emergency Amendments
adoption packet and forward to the Oneida Business Committee for consideration;
seconded by Ernest Stevens III. Motion carried unanimously.
6. Petition: N. Dallas – Make a Funeral Home and Petition: N. Dallas – Hold on
Building (26:45-31:12)
Motion by Jennifer Webster to approve the Petition: N. Dallas – Make a Funeral Home
statement of effect and forward to the Oneida Business Committee for consideration;
seconded by Daniel Guzman King. Motion carried unanimously.
Motion by Jennifer Webster to approve the Petition: N. Dallas – Hold on Building
statement of effect and forward to the Oneida Business Committee for consideration
seconded by Daniel Guzman King. Motion carried unanimously.
IV.
New Submissions
1. Petition: M. Debraska – Increase General Tribal Council Meeting Stipend (31:1932:59)
Motion by Jennifer Webster to add the petition: M. Debraska - Increase General Tribal
Council Meeting Stipend to the active files list; seconded by Daniel Guzman King.
Motion carried.
Ayes: Jennifer Webster, Daniel Guzman King
Opposed: Ernest Stevens III
2. Boards, Committees and Commissions Law Emergency Amendments (33:0034:14)
Motion by Jennifer Webster to add Boards, Committees and Commissions law
emergency amendments to the active files list with Jennifer Webster as the sponsor;
seconded by Daniel Guzman King. Motion carried unanimously.
V.
Additions
VI.
Administrative Items
1. FY 20 First Quarterly LOC Report (34:26-39:02)
Motion by Jennifer Webster to approve FY20 First Quarterly LOC Report and forward
to the Oneida Business Committee; seconded by Ernest Stevens III. Motion carried
unanimously.
VII.
Executive Session
VIII. Adjourn
Motion by Ernest Stevens III to adjourn at 9:39 a.m.; seconded by Jennifer Webster.
Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of February 19, 2020
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Legislative Operating Committee
March 4, 2020
Vehicle Driver Certification and Fleet
Management Law Amendments
Submission Date:2/7/18
LOC Sponsor: Jennifer Webster
Public Meeting: 1/23/20
Emergency Enacted: n/a
Summary: The Human Resources Department and the Law Office have recommended changes to this
law since its recent adoption and implementation.
2/7/18 LOC:
Motion by Ernest Stevens III to add the Vehicle Driver and Fleet Management amendments to
active files list as a medium priority and assign Jennifer Webster as the sponsor. Seconded by
Kirby Metoxen. Motion carried unanimously.
7/15/19:
Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Matthew J. Denny, Nic
Reynolds, Barbara Kolitsch, Robert Keck, Destiny Prendiville. The purpose of this work
meeting was to begin discussing potential amendments to the law. The work group reviewed
the law line by line and discussed revisions that should be presented to the LOC for
consideration.
7/29/19:
Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Matthew J. Denny, Nic
Reynolds, Robert Keck, Wendy Alvarez, Gunladunt Webster. The purpose of this work
meeting was to continue discussing potential amendments to the law. The work group
continued reviewing the law line by line and discussing revisions that should be presented to
the LOC for consideration.
8/13/19:
Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Barbara Kolitsch, Nic
Reynolds, Robert Keck, Wendy Alvarez, Gunladunt Webster. The purpose of this work
meeting was to continue discussing potential amendments to the Vehicle Driver Certification
and Fleet Management law, as well as review research that was conducted on questions that
arose during prior work meetings.
9/4/19:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens
III, Daniel Guzman King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Jameson
Wilson. The purpose of this work meeting was to discuss a plan to move this item forward, as
well as begin discussion policy considerations that will affect potential amendments to this
law.
10/2/19:
Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Nic Reynolds, Robert Keck,
Wendy Alvarez, Gunladunt Webster, Rick Fuss. After the previous three work meetings with
HRD and Risk Management the LRO took many of their suggestions and recommendations
and brought that information to the LOC. The LOC began making policy considerations. The
purpose of this work meeting was to review the first draft of the proposed amendments to the
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Law and obtain input from the effected entities so that information can be brought back to the
LOC.
10/16/19:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman
King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work
meeting was to review an updated draft of the proposed amendments and begin making policy
considerations.
10/24/19:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Ernest Stevens III, Jennifer Falck,
Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to review an
updated draft of the proposed amendments, and make decisions as to how to move this item
forward. LRO will schedule a work meeting between LOC, HRD, Risk Management, and
Fleet Management.
11/5/19:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman
King, Ernest Stevens III, Jenifer Falck, Clorissa N. Santiago, Brandon Wisneski, Robert Keck,
Wendy Alvarez, Gunladunt Webster, Matthew J. Denny, Leyne Orosco. The purpose of this
work meeting was to review the proposed draft and discuss any potential revisions that need
to be made before it is placed on the LOC agenda on December 4, 2019.
12/4/19 LOC: Motion by Ernest Stevens III to approve the draft and legislative analysis of the amendments
to the Vehicle Driver Certification and Fleet Management law and forward to a work meeting
for further discussion; seconded by Kirby Metoxen. Motion carried unanimously.
12/4/19:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III, Jennifer Falck,
Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to discuss
and consider the considerations contained in the legislative analysis, as well as the comments
that were received during the LOC meeting. LRO will update the draft and analysis based on
these discussions, and prepare a public meeting packet to come to the next LOC meeting.
12/18/19 LOC: Motion by Kirby Metoxen to approve the public meeting packet and forward the Vehicle
Driver Certification and Fleet Management law amendments to a public meeting to be held
on January 16, 2020; seconded by Ernest Stevens III. Motion carried unanimously.
12/18/19:
E-Poll Conducted. E-Poll was titled “Approval of January 23, 2020, Updated Public Meeting
for the Vehicle Driver Certification and Fleet Management Law Amendments.” The requested
action of this e-poll was to approve the updated public meeting packet and forward the Vehicle
Driver Certification and Fleet Management law amendments to a public meeting to be held
on January 23, 2020, instead of January 16, 2020. The e-poll was approved by David P. Jordan,
Jennifer Webster, Ernest Stevens III, Kirby Metoxen. Daniel Guzman King did not provide a
response.
1/15/20 LOC: Motion by Kirby Metoxen to enter the E-poll into the record from 12/18/19 to approve the
January 23, 2020 Updated public meeting for the Vehicle Driver Certification and Fleet
Management Law Amendments; seconded by Daniel Guzman King. Motion carried
unanimously.
1/23/20:
Public Meeting Held. Present: Kirby Metoxen, Jennifer Falck, Clorissa N. Santiago, Brandon
Wisneski, Lee Cornelius, Nicolas Reynolds, Geraldine Danforth, Jacque Boyle, Barbara
Kolitsch, Michelle Myers, Carol Silva, Rae Skenandore, Jeffrey Prevost, Lisa A. Moore. Two
(2) individuals provided oral comments during the public meeting.
1/30/20:
Public Comment Period Closed. Two (2) individuals submitted written comments during the
public comment period.
2/19/20 LOC: Motion by Jennifer Webster 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.
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2/19/20:
Work Meeting. Present: Kirby Metoxen, Jennifer Webster, Ernest Stevens III, Daniel Guzman
King, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to
review and consider all the public comments that were received during the public meeting and
public comment period. The LOC directed the LRO to update the draft as discussed during
this meeting.
2/27/20:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Ernest Stevens III, Clorissa N.
Santiago. The purpose of this work meeting was to discuss a comment that was submitted
after the public comment period closed.
Next Steps:
Accept the updated public comment review memorandum, draft law, and legislative analysis.
Approve the Vehicle Driver Certification and Fleet Management law amendments fiscal impact
statement request memorandum and forward to the Finance Department directing that a fiscal
impact statement be prepared and submitted to the LOC by March 18, 2020.
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Oneida Nation
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PO Box 365 • Oneida, WI 54115-0365
ONEIDA
Oneida.nsn .gov
TO:
FROM:
DATE:
RE:
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Oneida Business Committee
Legislative Operating Committee
Legislative Operating Committee (LOC)
Clorissa N. Santiago, Legislative Reference Office, Staff Attorney C}J)
February 19, 2020
Vehicle Driver Certification and Fleet Management Amendments: Public Meeting
Comment Review
On January 23 , 2020, a public meeting was held regarding the proposed amendments to the Vehicle
Driver Ce1iification and Fleet Management law ("the Law"). The public comment period was then
held open until January 30, 2020. On February 19, 2020, the Legislative Operating Committee
reviewed and considered all public comments that were received. This memorandum is submitted
as the Legislative Operating Committee's review of the oral and written comments received within
the public meeting and public comment period.
Comment 1 - Su
ort for Revisions to Law:
Barbara Kolitsch (written): Hi -The below comments are to be directed to the Legislative
Reference Office, but there's no such email, so I am submitting to Clorissa and LOC in hopes it
will get to the correct office. I provided oral comments today, Jan 23, 2020. Below includes
testimony I provided as well as testimony I did not have time to provide in the allotted five minutes.
I appreciate the work on the LRO in revising this law. The revisions are well done! Thank you!
It's simpler and easier to follow! I recommend some additional revisions ...
Response
The commenter expresses suppmi for the proposed revisions to the Law, and provides that she has
submitted some additional potential revisions for the Legislative Operating Committee's
consideration.
There is no revision to the Law recommended based on this comment.
LOC Consideration
The Legislative Operating Committee determined there was no revision to the Law needed based
on this comment. The Legislative Operating Committee thanks the commenter for expressing her
suppmi for the proposed amendments.
Comments 2 throuoh 4 - Mandatory Re uirement of Training for all Em lo 'ees:
210.4. Driver Certification
210.4-2. Qualifications for Certification. In order to receive driver certification a person
shall:
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(d) Complete all driver training requirements imposed by the Nation or any federal
or state agency regulations;
210.5. Responsibilities of a Certified Driver
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.
Barbara Kolitsch (oral): Do I need to state my name or anything? Hello, my name is Barb
Kolitsch. I work for Personnel Services in the Gaming Division. I’ll start my comments in
regarding the training that’s required for the Vehicle Driver Training or vehicle driver policy. And
I am going to speak initially from my training experience. I was a training director for many years,
over twenty (20) years, I was a teacher for many, for a couple of years, I was a health educator for
a couple of years and also coach and I’ll tell you and anyone who reads these comments, training
doesn’t change behavior. So, when we look at a training that’s required every three years, not only
do people not remember what they were trained on every three years, training isn’t changing
behavior. There are other ways to help change behavior of a driver and (inaudible) called the
influencer, there are a lot of better ideas on how to change behaviors if we are looking at changing
behaviors of drivers. So, I would recommend to remove that driving requirement or that training
requirement from the drivers, the three years, every three years having to do safety training,
because I don’t think that, you know a ten (10) to twenty (20) minute education on safety, driver
safety, is changing behaviors of your drivers. What I would recommend though, is if we have
drivers and I noticed in the packet here today that we have a lot of at-fault accidents and at-fault
drivers. And so what I would recommend is then taking those at-fault drivers and putting them
into a specialized course. I looked up before I came here, there are online courses that an employee
could be responsible for paying for it if they are an at-fault driver and these online courses
guarantee that they increase the, the behaviors of drivers. So, there are online courses, the one in
particular that I looked at, specifically for fleet drivers for companies, was twenty-seven ninetyfive ($27.95). So, it’s something that, maybe an idea for increasing at-fault or decreasing the atfault drivers that we have using that sort of type of, you know looking at drivers who are actually
not making good decisions and putting them through training may be a better decision than putting
everybody in general through training.
Barbara Kolitsch (written): Training requirements: Safety every three years for all drivers –
please remove safety training requirement for all. As a former Training Director, Trainer, School
Teacher, Health Teacher, and professional Coach (35 years), training/teaching or education does
not result in behavior change. Requiring all employees who drive to take safety training every
three years is not going to change behaviors of our drivers. When I took the training, it was moreso an act of getting through the training for compliance reasons. The reason I feel this way is
because I have only been in one accident in my life…I was rearended at no fault of my own. My
belief, and most people’s belief will be that they are doing the training due to other people being
bad drivers. In the Public Hearing materials I noticed that of the accidents tracked, the majority of
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them were our employees being at-fault. To improve and change behaviors, the law should place
the burden on the drivers to take safety training who have an onduty at-fault accident, and make
the employee pay for that training. I found an on-line educational site for drivers where the
company claims proven behavior and success rates with their training program for $27.95. I would
require drivers who are reported to be at-risk drivers and those who have accidents while
performing driving duties for the Oneida Nation. For example, if I get a ticket while driving on
official duty, require me to take training.
Barbara Kolitsch (written): Training as prevention is great, but maybe it should be “voluntary”
for most drivers, and mandatory for drivers who demonstrate risky on-the-job driving, or drivers
who get a ticket while on duty, or drivers who have an at-fault accident while on duty. If I
voluntarily take training I’m much more likely to learn by the nature I’m choosing to take it – to
learn. If I’m mandated, I’m much more likely to go through the motions. This is human behavior.
If I’m mandated to watch it due to my behavior at my own cost – I think I would pay attention if
there’s risk of losing my job if it happens again (though disciplinary action – in the new version
of the law.) I mentioned a book called Influencer in my inperson comments. This testimony is
further supported in the research presented in the book. I was certified as a Trainer to teach the
training Influencer in 2018. Believe me, if I felt training would change behaviors, I would feel
much safer on the road. I’ve been hit 11 times while riding my bicycle by distracted drivers. I’ve
had many friends hit by cars on their bikes and one friend killed on his bike. This experience has
made me a more attentive as a driver because I know it’s so easy to be distracted these days! I
wouldn’t recommend putting all of our drivers on a bicycle to observe how most drivers are so
distracted, there has to be a better way than traditional “training”.
Response
The commenter provides her disbelief that requiring every employee of the Nation to complete a
driver safety training provided and monitored by the Human Resources Department would have
any impact on the behavior or driving capabilities of an employee. Instead, the commenter suggests
that the mandatory training requirement be removed from the Law and replaced with a requirement
that any employee who has an at-fault accident while on duty be required to take a driver safety
course.
The Law provides that in order to receive driver certification a person shall complete all driver
training requirements imposed by the Nation or any federal or state agency regulations. [2 O.C.
210.4-2(d)]. The Law further provides that any individual with driver certification shall complete
the driver safety training provided and monitored by the Human Resources Department every three
(3) years. [2 O.C. 210.5-2]. An individual who is required to maintain compliance with any
specialized driver safety training requirements imposed by state or federal regulatory agencies is
exempt from the requirement to complete the driver safety training provided by the Human
Resources Department. [2 O.C. 210.5-2(a)].
What driver safety requirements to impose on an employee of the Nation is a policy consideration
for the Legislative Operating Committee to make. The Legislative Operating Committee may
make one of the following considerations:
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1. The Law should remain as currently drafted to require that in order to receive and maintain
driver certification a person shall complete and maintain all driver training requirements
imposed by the Nation or any federal or state agency regulations.
2. The Law should be revised so that the mandatory training requirement is removed from the
Law and replaced with a requirement that any employee who has an at-fault accident while
on duty be required to take a driver safety course. If the Legislative Operating Committee
makes this determination then the following revision is recommended:
210.5. Responsibilities of a Certified Driver
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.
210.7. Motor Vehicle Crashes or Damage to Vehicles
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.
210.8. Suspension of Driver Certification and Other Enforcement
210.8-8. Driver Safety Training. A supervisor may require that an individual complete a
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.
LOC Consideration
The Legislative Operating Committee determined that the Law should be revised to include driver
safety training if a certified driver is involved in an at-fault accident or receives a moving violation
while on duty, in addition to the triennial mandatory training for all certified drivers that is already
required by the Law.
The Legislative Operating Committee discussed at lengths the merits of requiring training for an
individual to obtain and maintain driver certification with the Nation. Although the Legislative
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Operating Committee values the commenter’s experience as a trainer and understands the
commenter’s belief that mandatory training does not necessarily change behaviors, the Legislative
Operating Committee determined that in order to minimize the risk and liability of the Nation
while promoting safe driving it is important that the Nation require mandatory training as a
qualification of obtaining and maintaining driver certification.
Additionally, the Legislative Operating Committee liked the idea of requiring an individual who
is involved in an at-fault motor vehicle crash or damage involving the fleet vehicle or personal
vehicle driven on official business or obtains a moving violation while driving on official business
to be required to take additional training at his or her own expense. This provides an opportunity
to provide additional training to a person whose actions demonstrate a need for more training. The
Legislative Operating Committee hopes that there can be more than one option for the additional
driver safety training so that it can be made applicable to whatever action of the certified driver
resulted in the requirement to take additional driver safety training.
The Legislative Operating Committee has previously discussed training options with the Nation’s
Human Resources Department’s Training and Development and has now determined that they will
follow up with communication with Training and Development to have further discussions on
ensuring that the driver safety training that is offered to certified drivers of the Nation is efficient,
effective, and applicable to the drivers.
The Legislative Operating Committee directed the following revisions be made to the Law based
on this comment:
210.7. Motor Vehicle Crashes or Damage to Vehicles
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.
210.8. Suspension of Driver Certification and Other Enforcement
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.
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Comments 5 through 6 – Administrative Difficulty of Tracking Training:
210.4. Driver Certification
210.4-2. Qualifications for Certification. In order to receive driver certification a person
shall:
(d) Complete all driver training requirements imposed by the Nation or any federal
or state agency regulations;
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.
(c) The Human Resources Department shall maintain a current list of all certified
drivers and provide the list to Fleet Management, Risk Management, and Central
Accounting on a regular basis.
210.4-4. A supervisor shall ensure that an individual has received his or her driver
certification from the Human Resources Department before allowing the individual to drive
a fleet vehicle or a personal vehicle on official business.
210.5. Responsibilities of a Certified Driver
210.5-2. 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.
Barbara Kolitsch (oral): And then it’s also difficult, it’s a tracking, something that has to be
tracked, it’s a lot of administrative work to track whether somebody has been trained or not.
Recently we just went through somewhat of an audit with training and we had drivers who were
required to have the training who didn’t. So, again it’s an administrative nightmare, there is a lot
of responsibility put on HR and put on supervisors to make sure that they have that training.
Barbara Kolitsch (written): Tracking training is a huge administrative burden. As former
Training Director at Human Resources, every time we had required training for large groups, there
are legitimate reasons people are noncompliant: leave of absence, vacation, business (customer
priority), staff shortage, staff emergency, etc. In a recent self-audit in Gaming the Personnel
Services staff found there were some Gaming employees who needed drivers safety training and
never had taken it almost three years ago. Gaming has a very high compliance rate in training
requirements from my experience as former Training Director, yet we still missed a few. Some
may feel it’s our job (HR or Personnel Services), but in reality it’s the supervisor’s job to make
sure employees are in compliance with policies and procedures. There’s a lot for supervisors to
track, so this may be an important thing to track, but may be put on the backburner when there’s a
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business to run and customers/clients/and more urgent matters to deal with. Safety training is not
urgent, it’s purpose is meant to help prevent accidents.
Response
The commenter provides insight on the administrative burden that is placed on the Human
Resources Department and supervisors with tracking compliance with driver safety training. The
commenter provides this information for the Legislative Operating Committee to consider in
regard to the request to remove the mandatory requirement of driver safety training for all certified
drivers of the Nation.
The Law currently requires that an individual obtain driver certification from the Human
Resources Department before operating a fleet vehicle or personal vehicle on official business. [2
O.C. 210.4-1]. One qualification for receiving driver certification is completing all driver training
requirements imposed by the Nation or any federal or state agency regulations. [2 O.C. 210.42(d)]. The Nation’s Human Resources Department is delegated the responsibility for determining
whether an individual meets all qualifications before approving or denying a driver certification.
[2 O.C. 210.4-3]. Additionally, 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. [2 O.C. 210.4-4].
The Law currently places responsibilities on both the supervisor and the Human Resources
Department to ensure that an individual meets the qualifications for and has obtained driver
certification before being allowed to operate a fleet vehicle or a personal vehicle while conducting
official business. This is for the purpose of limiting the liability of the Nation by ensuring that only
certified drivers are permitted to operate a fleet vehicle or a personal vehicle on official business.
If the Law is going to require that an individual obtain driver certification, then the responsibility
to determine if someone meets the qualifications and has obtained driver certification needs to be
delegated to an individual or entity.
Additionally, in the previous comment, the Legislative Operating Committee was specifically
asked to consider the utility of imposing mandatory driver safety training on every individual who
wishes to obtain and maintain driver certification. It is recommended that the Legislative Operating
Committee take into consideration the administrative burden tracking driver safety training
imposes on the supervisors and Human Resources Department when making that consideration.
LOC Consideration
The Legislative Operating Committee considered the administrative responsibility of requiring
mandatory training for all certified drivers of the Nation, but ultimately determined that there was
no revision to the Law needed based on this comment.
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Comments 7 through 8 – Disqualification of Driver Certification for Moving Violations:
210.4. Driver Certification
210.4-2. Qualifications for Certification. In order to receive driver certification a person
shall:
(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.
Barbara Kolitsch (oral): My next comment is regarding the driving record and moving
violations. My question to the LOC or the LRO is, when someone is off duty, why do we penalize
an employee? So, for example, if the State law says I can drive, why can’t I drive for the job? I
do think we should track on duty violations and again tie that back to training and tie that back to
disciplinary action if somebody is violating their driving rules that we have in the organization or
driving laws that the State or Federal regulations have. So, what was added into the new vehicle
driver policy was moving violations, and again, if I have three speeding tickets in the next two
years I become not certifiable and if these violations were all off duty, why is the organization
punishing me for something that I did off duty? I think we all do things off duty that we wouldn’t
do at work, so I’m not sure what the correlation is really.
Barbara Kolitsch (written): Driving record – please remove the consideration of violations on
driving record – including drug and alcohol related I challenge the Committee to assess the
requirement to be certified and only consider my driving record while on duty. If the state of
Wisconsin says I can drive, and in the case of a personal vehicle – I’m paying for my insurance,
why can’t I drive? I understand that if I cause an accident that causes more liability that I carry,
the Tribe’s insurance kicks in, but I’m paying for the speeding tickets with my higher insurance
rates. If I have three speeding tickets in the next two years, I would lose my job? And this doesn’t
consider at all the fact that I had these tickets off duty. Everyone makes personal choices in their
lives, and we all make some while off-duty that we may not do at work. Why does my off-duty
behavior certify or not certify me to be able to drive. In most cases we look at a person’s state
license…example: to teach, practice medicine, social work, day care, etc. So we recognize that
license. Why don’t we recognize this state license to drive?
Response
The commenter asks the Legislative Operating Committee to reconsider qualifying driver
certification on an individual’s driving record, due to the belief that it is unfair to use what may be
an individual’s behavior while off duty in the consideration of whether that individual should
receive driver certification from the Nation. The commenter recommends that in order to receive
driver certification a person simply maintains a valid Wisconsin driver’s license.
The Law provides that in order to receive driver certification a person shall have a driving record
that does not reflect any of the following conditions:
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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.
[2 O.C. 210.4-2(c)].
The qualification based on the individual’s driving record is in addition to qualifications that the
individual:
is at least eighteen (18) years of age or older;
holds a valid Wisconsin driver’s license;
completes all driver training requirements imposed by the Nation or any federal or state
agency regulations;
satisfies any other requirements specific to the job description and/or vehicle that may be
used by or assigned to the person; and
maintains minimum insurance requirements for a personal vehicle if the individual will be
using his or her personal vehicle to conduct official business.
[2 O.C. 210.4-2(a)-(f)].
What qualifications to use when determining if an individual qualifies for driver certification is a
policy consideration for the Legislative Operating Committee. The overall policy of this law is 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]. One way that this Law ensures the safety of the community and employees of the
Nation, while also minimizing the liability of the Nation when damage to vehicles or property
occurs as a result of a motor vehicle crash is through the driving record check of all potential
certified drivers.
A review of an individual’s driving record when determining if an individual is qualified for driver
certification is not a new provision included in the amendments to this Law, although it is being
modified. The currently effective version of the Law, as adopted through resolution BC-06-28-17C, provides that in order to be certified, an individual shall pass a driving record check by the
Human Resources Department to verify that the driver has no citation or conviction related to a
traffic incident, and no driving citation or conviction involving drugs or alcohol, within the time
period that would make the driver ineligible for certification under this law. [BC-06-28-17-C - 2
O.C. 210.8-1(d)]. This means that if an individual has any citation or conviction related to a traffic
incident, then that person is not eligible to become a certified driver. Due to the fact that the Law
lacked clarity as to what exactly a “traffic incident” included, the Nation’s Human Resources
Department had many issues with how to interpret this provision and determine if an individual
should be certified for driving. Because of these interpretation issues, the Human Resources
Department issued an interpretation in 2017 that defined a traffic incident as “any traffic incident
that results in the loss of an applicant’s and/or employee’s valid Wisconsin driver’s license.”
Prior to the 2017 version of the Law, the Vehicle Driver Certification Policy, which was originally
adopted by the Oneida Business Committee on October 21, 1992 and then amended through
resolution BC-09-09-98-A, also prohibited a person from obtaining driver certification if he or she
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had certain driving violation convictions within a three (3) year time period. [BC-09-09-98-A –
I.A.4(a)-(b)].
Since at least 1992, the Nation has worked towards ensuring the safety of the community and
employees while also minimizing the liability of the Nation by qualifying certification as a driver
for the Nation on a review of an individual’s driving record. The specifics of what citations or
convictions could disqualify an individual from receiving his or her driving certification during
the driving record review has changed throughout the years.
Whether or not to include a review of an individual’s driving record when determining if an
individual meets the qualifications to obtain driver certification, or simply base qualification off
of the fact that an individual has a valid Wisconsin driver’s license, is a policy determination for
the Legislative Operating Committee to make. The Legislative Operating Committee may make
one of the following determinations:
1. The Law should remain as currently drafted and an individual shall not obtain his or her
driver certification if he or she has three (3) or more moving violations and/or at-fault motor
vehicle crashes in the past two (2) year, and/or an operating while intoxicated (OWI),
driving under the influence (DUI), or prohibited alcohol concentration (PAC) citation
within the last twelve (12) months.
2. The Law should be revised so that a review of an individual’s driving record is not required
to qualify for driver certification, and all that is necessary for qualification for driver
certification in terms of driving record or licensure is that the individual has a valid
Wisconsin driver’s license. If the Legislative Operating Committee makes this
determination then the following revision is recommended:
210.4. Driver Certification
210.4-2. Qualifications for Certification. In order to receive driver certification a person
shall:
(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.
LOC Consideration
The Legislative Operating Committee determined that the Law should remain as currently drafted
and an individual shall not obtain his or her driver certification if he or she has three (3) or more
moving violations and/or at-fault motor vehicle crashes in the past two (2) year, and/or an operating
while intoxicated (OWI), driving under the influence (DUI), or prohibited alcohol concentration
(PAC) citation within the last twelve (12) months.
The qualifications for obtaining driver certification for the Nation, specifically the qualifications
that relate to an individual’s driving record has been a topic that has been greatly discussed
throughout the development of the amendments to this Law. When considering this comment, the
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Legislative Operating Committee once again discussed whether a review of an individual’s driving
record should occur when determining if the individual qualifies for driver certification.
Although the Legislative Operating Committee understands that not reviewing the driving record
of an individual and relying solely on whether the individual has a valid driver’s license may allow
for more individuals to qualify for employment with the Nation, the Legislative Operating
Committee ultimately determined that the driving record of an individual is checked in an effort
to better protect the Nation and minimize risk since the Nation ultimately bears some responsibility
for the individuals it allows to be certified drivers.
In an effort to ensure that the driver certification requirements do not hinder employment of
individuals when not necessary, the Legislative Operating Committee intends to request the
Nation’s Human Resource Department complete a review of the Nation’s job descriptions to
ensure that driver certification is not included as a requirement for positions in which it may not
be necessary or essential to performing the job.
Comments 9 through 10 – Drug and Alcohol Related Offenses:
210.4. Driver Certification
210.4-2. Qualifications for Certification. In order to receive driver certification a person
shall:
(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.
210.8. Suspension of Driver Certification and Other Enforcement
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 shall, when necessary, refer drivers to the Employee Assistance
Program in accordance with applicable laws and policies of the Nation.
Barbara Kolitsch (oral): In addition to that the drug and alcohol violation was reduced from three
years to one year, again I think if the State says I can drive with an Occupational License, why
can’t I drive with the organization? I don’t think any of the instances where somebody comes up
with a drug and alcohol violation driving, it’s not been at work, it’s been off work and if we
correlate that to our drug and alcohol policy, our drug and alcohol policy was created in the 1990s
to be a helping hand policy because Oneidas, well not specifically Oneidas, Native Americans
have the highest abuse rate of drugs and alcohol. They are the highest of any ethnicity in the U.S.
It’s a helping hand policy. This is a cutthroat policy. If I have, if I tonight go out and celebrate a
birthday with a friend, have one too many, get pulled over, get a drunk driving, I’m out of a job.
Where if I come to work drunk, I drink at work, I get referred to EAP and I get help and I get
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assistance, so I’m not sure, again the correlation of off duty violations and on duty violations.
Okay. I can submit the rest in writing.
Barbara Kolitsch (written): Drug and alcohol related offenses. Native Americans have the
highest rate of drug/alcohol addition than any other ethnicity. Our Drug and Alcohol Policy
recognizes this, and was developed in the 1990’s to be a helping hand policy. I can come to work
drunk or drink at work and the consequence is to be referred to EAP. If I follow the requirements
of the EAP agreement, I can go back to work. On the other hand - if I go out and have two drinks
get pulled over and get an OWI – I will lose my job. One strike. This does not match the values of
the Oneida Nation as I’ve known them for 30 years. How does having an OWI correlate to my onduty driving? It will not likely correlate for most employees. If the drug/alcohol driving violation
occurred during work time, I can understand a firm repercussion, but how does it relate to the job
when I may have simply made a poor judgement after having a couple of drinks?
Response
The commenter asks the Legislative Operating Committee to reconsider qualifying driver
certification on an individual’s driving record, specifically a driving record demonstrating any
citation or conviction related to a drug and/or alcohol offense. The commenter provides that other
laws of the Nation, such as the Drug and Alcohol Free Workplace law, provide assistance to
individuals with drug and/or alcohol issues instead of simply punishing the individual for his or
her actions, and this Law should follow suit. The commenter also shares the belief that it is unfair
to use what may be an individual’s behavior while off duty in the consideration of whether that
individual should receive driver certification from the Nation.
The Law provides that in order to receive driver certification an individual shall have a driving
record that does not reflect an operating while intoxicated (OWI), driving under the influence
(DUI), or prohibited alcohol concentration (PAC) citation within the last twelve (12) months. [2
O.C. 210.4-2(c)(2)]. The overall policy of this law is 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]. One way that this Law
ensures the safety of the community and employees of the Nation, while also minimizing the
liability of the Nation when damage to vehicles or property occurs as a result of a motor vehicle
crash is through the driving record check of all potential certified drivers to determine if the
individual has a citation or conviction related to drug or alcohol offenses.
Additionally, if after an individual obtains his or her driver certification that individual’s driver’s
license is suspended or revoked by the State, for any reason including drug and/or alcohol related
offenses, the Law requires that the individual’s driver certification be suspended. [2 O.C. 210.82]. 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 suspension or leave from work. [2 O.C.
210.8-1]. The individual’s driver certification is suspended until a time in which the individual has
obtained a valid driver’s license and meets the qualifications for reinstatement of driver
certification. [2 O.C. 210.8-3].
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An individual’s action of obtaining an operating while intoxicated (OWI), driving under the
influence (DUI), or prohibited alcohol concentration (PAC) citation, even if that action occurred
while the individual was off duty, have an impact on the individual’s driver certification because
an OWI, DUI, or PAC citation typically results in the suspension of the individual’s driver’s
license for some period of time. The suspension of an individual’s driver’s license results in the
suspension of driver certification.
So although an individual obtaining a citation for an OWI, DUI, or PAC may always have an
impact on the individual’s driver certification if the individual’s driver’s licenses was suspended
or revoked as a result, how far back in time to review a individual’s driving record to determine if
the individual meets the qualifications to obtain driver certification is a policy determination for
the Legislative Operating Committee to make. The Legislative Operating Committee may make
one of the following determinations:
1. The Law should remain as currently drafted and an individual shall not obtain his or her
driver certification if he or she has an OWI, DUI, or PAC citation within the last twelve
(12) months.
2. The Law should be revised so that a different time period for the review of an individual’s
driving record for an OWI, DUI, or PAC citation is included. If the Legislative Operating
Committee makes this determination then the LOC would have to make a determination as
to how far back in time the driving record should be reviewed, and the following revision
is recommended:
210.4. Driver Certification
210.4-2. Qualifications for Certification. In order to receive driver certification a person
shall:
(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
__(time period)__ (#)___ twelve (12) months.
LOC Consideration
The Legislative Operating Committee determined that the Law should remain as currently drafted
and an individual shall not obtain his or her driver certification if he or she has an operating while
intoxicated (OWI), driving under the influence (DUI), or prohibited alcohol concentration (PAC)
citation within the last twelve (12) months.
The Legislative Operating Committee made the determination to keep this provision in the Law
unchanged because checking the driving record of a potential certified driver of the Nation for any
citations related to a drug and/or alcohol related offense better ensures the safety of the community
and employees of the Nation, while also minimizing the potential liability of the Nation.
Additionally, the currently effective Law requires that an individual pass a driving record check
by the Human Resources Department to verify the driver has no driving citation or conviction
involving drugs or alcohol, within the time period that would make the driver ineligible for
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certification under this law, which has been interpreted to be three (3) years. [BC-06-28-17-C - 2
O.C. 210.8-1(d)]. The inclusion of the twelve (12) month time period to check for a citation for
operating while intoxicated (OWI), driving under the influence (DUI), or prohibited alcohol
concentration (PAC) in the proposed amendments is already relaxing the driving record check that
is included in the currently effective Law. The Legislative Operating Committee made the driving
record check less stringent in an effort to provide more people the opportunity to become a certified
driver. But, the Legislative Operating Committee still believes that there needs to be some driving
record check for citations involving operating while intoxicated (OWI), driving under the influence
(DUI), or prohibited alcohol concentration (PAC), and it is for that reason the Legislative
Operating Committee determined the Law should remain as drafted.
Comment 11 – Current Challenges for Personnel Services:
Barbara Kolitsch (written): Current challenges/issues from Personnel Services. One of our first
commitments to the Oneida Nation in Personnel Services is to employ Oneida members. This
policy negatively impacts mainly Oneida enrolled members. We don’t want to be in the business
of screening out Oneida enrolled candidates because of their driving record such as OWI. We lose
good candidates this way! We’ve lost good employees this way.
Response
The commenter provides that a current challenge the Personnel Services Department faces is
screening out Oneida enrolled job applicants due to not meeting the qualifications for driver
certification. The commenter expresses that this may have a negative effect on the Nation’s goal
to employ members of the Oneida Nation.
When amending this Law, the Legislative Operating Committee focused on balancing the
employment needs of the Nation with the need to minimize the liability of the Nation and
encourage safety. Because the Legislative Operating Committee determined that the amendments
to the Law better accomplish this balance, there is no revision to the Law recommended based on
this comment.
LOC Consideration
The Legislative Operating Committee determined there was no revision to the Law needed based
on this comment.
Comments 12 through 13 – Insurance Requirements:
210.4. Driver Certification
210.4-2. Qualifications for Certification. In order to receive driver certification a person
shall:
(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:
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(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.
Jacque Boyle (oral): Jacque Boyle, Public Works Director. There is a few things. As far as
submitting insurance, we do get notification that insurance has, needs to be renewed for each
employee that has a driver’s requirement, personal driver’s requirement. Unfortunately, there are
instances that can occur where the employee then terminates the insurance and there is really no
way for us to follow-up on that. So, I’m not sure what we can do, I don’t think I can call the
insurance company and say is this still in effect. So, so what they are doing is getting insurance,
submitting the paperwork that’s good for six months, but they could actually cancel it the next day.
Barbara Kolitsch (written): Employees have lapse of insurance, and supervisors don’t
consistently deal with lapse. A lapse today should result in suspension of certification, and today,
some are not held accountable. It’s difficult to track an employee who may drop insurance between
coverage periods and pick up a new company, which will not show coverage. My only
recommendation is for employees to somehow show continuation of coverage when they change
insurance companies. Some supervisors aren’t following up to ensure their employee has the
required insurance prior to the employee continuing to drive.
Response
The commenters express concern that an employee can obtain insurance to become a certified
driver, but then immediately cancel the insurance and the supervisor would not know.
The Law requires that an individual maintains minimum insurance requirements for a personal
vehicle if that individual may use his or her personal vehicle to conduct official business. [2 O.C.
210.4-2(f)]. An individual is required to provide his or her insurance information to the Human
Resources Department. [2 O.C. 210.4-3(a)]. A supervisor is required to ensure that the individual
has received his or her driver certification from the Human Resources Department before the
supervisor can allow the individual to drive a fleet vehicle or a personal vehicle on official
business. [2 O.C. 210.4-4]. If an individual does not maintain the minimum insurance
requirements for a personal vehicle then a supervisor may take disciplinary action against that
individual. [2 O.C. 210.8-7(e)]. A supervisor who fails to ensure that his or her employee has
received driver certification from the Human Resources Department prior to allowing that
employee to drive a fleet vehicle or a personal vehicle on official business is also subject to
disciplinary action for failing to comply with a provision of this law. [2 O.C. 210.8-7(a)].
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Since the Law already requires that an individual maintain the minimum insurance requirements
on a personal vehicle if that individual is going to use his or her personal vehicle to conduct official
business, and allows for discipline if an individual or supervisor is not complying with the
provisions of the Law, there is no revision to the Law recommended based on this comment.
LOC Consideration
The Legislative Operating Committee determined there was no revision to the Law needed based
on this comment. Although the Legislative Operating Committee understands the burden in
properly tracking if insurance requirements are met, the Law already requires that an individual
maintain the minimum insurance requirements on a personal vehicle if that individual is going to
use his or her personal vehicle to conduct official business, and allows for discipline if an
individual or supervisor is not complying with the provisions of the Law.
Comment 14 – Referral to EAP:
210.8. Suspension of Driver Certification and Other Enforcement
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 shall, when necessary, refer drivers to the Employee Assistance
Program in accordance with applicable laws and policies of the Nation.
Barbara Kolitsch (written): Referral to EAP (210.8(a). I’m unsure the value of this referral.
There’s an EAP policy, DOT policy, DAFWP policy – all which spell out reasons/ways to do an
EAP referral. This isn’t value-added in the Vehicle Driver/Fleet law. Please contact me if you have
any questions regarding my comments. Thank you!
Response
The commenter states that she does not think there is value in including section 210.8-2(a) of the
Law because it is duplicative of provision in other laws that more clearly detail when a referral to
the Employee Assistance Program should occur.
Section 210.8-2(a) of the Law provides that a supervisor shall, when necessary, refer drivers to the
Employee Assistance Program in accordance with applicable laws and policies of the Nation.
The commenter is correct that other laws of the Nation provide when it may be necessary to refer
an employee to the Employee Assistance Program. For example, the Drug and Alcohol Free
Workplace law provides that an employee that engages in prohibited behavior, such as being under
the influence of prohibited drugs and/or alcohol while on duty, for the first time shall be removed
from duty without pay and shall receive a mandatory referral to the Employee Assistance Program
for an assessment. [2 O.C. 202.11-5(a)(1)].
Although section 210.8-2(a) may be duplicative of requirements of other laws of the Nation, it
serves as a notice or reminder to a supervisor that may be reviewing this Law that other laws of
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the Nation may require a referral to the Employee Assistance Program for the individual’s
violation in conjunction with any consequences that result from this Law.
Whether or not to include section 210.8-2(a) in the Law is a policy consideration for the Legislative
Operating Committee. The Legislative Operating Committee may determine:
1. The Law should remain as currently drafted and include section 210.8-2 in the Law as a
notice to supervisors of the responsibility to refer an employee to the Employee Assistance
Program in accordance with other applicable laws of the Nation.
2. The Law should be revised to remove section 210.8-2(a) due to the fact that it is duplicative
of other laws of the Nation that more clearly detail when a referral to the Employee
Assistance Program should occur. If the Legislative Operating Committee makes this
determination, then the following revision is recommended:
210.8. Suspension of Driver Certification and Other Enforcement
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 shall, when necessary, refer drivers to the Employee Assistance
Program in accordance with applicable laws and policies of the Nation.
LOC Consideration
The Legislative Operating Committee ultimately determined that although other laws of the Nation
provide more details on when a supervisor can refer an employee to the Employee Assistance
Program, section 210.8-2(a) should remain in the Law as it provides notification and a reminder
that the supervisor can, when necessary, refer drivers to the Employee Assistance Program in
accordance with applicable laws and policies of the Nation.
The Legislative Operating Committee directed that the following revision should be made to the
wording of section 210.8-2(a) to make the provision easier to understand:
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 shall, when necessary,may refer drivers to the Employee Assistance
Program in accordance with applicable laws and policies of the Nation.
Comment 15 – Approval of Authorized Passengers:
210.6. Fleet Vehicles
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
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(c) Any other individual who is authorized to be a passenger by the Fleet Management
Department.
Jacque Boyle (oral): Another item is in the law it says that Fleet Management needs to authorize
all passengers or individuals that may not be employees, that’s going to be very hard for us to
administer. So I think that should be approved by the supervisor and area manager of whose using
the vehicle. So, especially for Recreation or different, you know, events, we would have a hard
time identifying each and every individual in the vehicle.
Response
The commenter provides that it would be difficult for the Fleet Management Department to
provide the necessary authorization for passengers in fleet vehicles, and this responsibility would
be better handled by supervisors who would have better knowledge of the appropriateness of
authorizing an individual to be a passenger.
The Law provides that 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 person being transported as part of a program or service of the Nation;
a person being transported during the normal and ordinary course of representing and/or
conducting business on behalf of the Nation; and/or
any other individual who is authorized to be a passenger by the Fleet Management
Department.
[2 O.C. 210.6-7(a)-(c)].
Which department to delegate the authority to authorize a passenger of a fleet vehicle to is a policy
consideration for the Legislative Operating Committee. The Legislative Operating Committee can
make one of the following determinations:
1. The Law should remain as currently drafted and require that any additional passengers
receive authorization from the Fleet Management Department.
2. The Law should be revised so that it is the supervisor of the individual, and not the Fleet
Management Department, that provides authorization for additional passengers. If the
Legislative Operating Committee makes this determination, then the following revision is
recommended:
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 employee,
elected or appointed official, or volunteer’s supervisorFleet Management
Department.
LOC Consideration
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The Legislative Operating Committee determined that the Law should be revised so that it is the
supervisor of the individual, and not the Fleet Management Department, that provides
authorization for additional passengers. The Legislative Operating Committee believes that the
Fleet Management Department is responsible for ensuring the fleet vehicles are properly managed
and maintained, but that it is the supervisor of an individual who will have more firsthand
knowledge on whether a passenger is appropriate or not.
The Legislative Operating Committee is interested in pursuing the idea of requiring passengers of
fleet vehicles who receive authorization by a supervisor to sign a waiver of liability, in another
effort to minimize the risk and liability of the Nation.
The Legislative Operating Committee directed the following revision be made to the Law:
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. Fleet Management Department.
Comment 16 – Suspending Driver Certification as a Result of a Motor Vehicle Crash:
210.7. Motor Vehicle Crashes or Damage to Vehicles
210.7-2. Internal Review. The Fleet Management Department and Risk Management
Department shall coordinate and conduct an internal review of the auto incident report for
a motor vehicle crash and/or damage to a vehicle.
(a) Fleet Management and Risk Management may recommend whether an individual
should be subject to disciplinary action based on the motor vehicle crash or incident
resulting in damage to a vehicle.
(b) The internal review shall be completed as soon as possible after a motor vehicle
crash has been reported.
(c) Following an internal review, Fleet Management and Risk Management shall
issue a report. Copies of the report shall be:
(1) provided to the driver, the driver’s supervisor, and the driver’s area
manager; and
(2) provided to the Human Resources Department if the Fleet Management
Department and Risk Management Department recommend disciplinary
action.
Jacque Boyle (oral): And I do want to reiterate what Barb said as far as managing the training. I
think that if there is an incident, that that training should be required, especially if it’s repetitive.
We do have a lot of specialized vehicles for snow removal and the current policy says that if there
is an incident, Risk Management, the Fleet Manager, HRD investigate and make a
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recommendation and typically it is to remove their driving privileges. If we did that, in order to
do the job that’s required, that would mean we would have to put someone untrained in that
vehicle, untrained on the route to take care of that job for the five days, ten days or fifteen days, I
don’t think that’s sending the right message either. It also encourages employees not to report,
because they know there’s some negative consequences, but actually if we address it through
training, especially if it’s, you know, multiple incidents, and I’m talking about fender benders, not
very serious accidents, that the training would actually help them to drive better.
Response
The commenter expresses support for the earlier comment that mandatory training should occur
when an employee has an at-fault accident or receives a moving violation while on duty, instead
of requiring it for all certified drivers of the Nation on a triennial basis.
The commenter also discusses a situation that arises under the currently effective law, where when
conducting an internal review of a motor vehicle crash, the Fleet Management Department and the
Risk Management Department may recommend that the individual who is involved in a motor
vehicle crash has his or her driver certification suspended. [BC-06-28-17-C – 2 O.C. 210.94(a)(2)]. The commenter provides that suspending the driver certification of an individual involved
in a motor vehicle crash results in someone who may not have the proper training or familiarity
being put into that vehicle for work until the original individual has completed his or her
suspension, and also results in employees not reporting motor vehicle crashes or damage to a
vehicle in fear of having his or her driver certification suspended.
The proposed amendments to the Law handle the suspension of driver certification in a different
manner than the current Law. Under the proposed amendments to the Law, an individual’s driver
certification shall only be suspended when the individual’s driver’s license is suspended or revoked
by the State or becomes invalid for any other reason. [2 O.C. 210.8-2]. For other violations of the
Law, 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. [2 O.C. 210.8-7]. Disciplinary action
can be taken against an individual for any of the following actions:
Failing to comply with any provision of this law;
Failing to complete any applicable driver training requirements;
Driving a fleet vehicle without being certified under the provisions of this law;
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
Not maintaining the minimum insurance requirements for a personal vehicle.
[2 O.C. 210.8-7(a)-(e)].
The Law still requires that the Fleet Management Department and the Risk Management
Department coordinate and conduct an internal review for a motor vehicle crash or damage to a
vehicle involving a fleet vehicle or a personal vehicle that as driven while conducting official
business. [2 O.C. 210.7-2]. But, since the suspension of driver certification only occurs when an
individual has his or her driver’s license suspended or revoked by the State, if an individual is
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involved in a motor vehicle crash or a situation involving damage to a vehicle that did not result
in the suspension or revocation of the individual’s license, then the Fleet Management Department
and Risk Management Department will no longer recommend suspension of driver certification as
a result of the internal review, but can recommend disciplinary action be taken. [2 O.C. 210.72(a)].
Since the commenter’s concerns of suspending the driver certification of an individual who is
involved in a motor vehicle crash or damage involving a vehicle is already addressed through the
proposed amendments to the Law, and the Legislative Operating Committee has already been
asked to consider mandatory training requirements for those involved in an at-fault accident or
moving violation while on duty, there is no revision to the Law recommended based on this
comment.
LOC Consideration
The Legislative Operating Committee determined there was no revision to the Law needed based
on this comment.
Comment 17 – Use of GPS Equipment to Monitor Drivers:
Jacque Boyle (oral): We are, in conjunction with that, we are looking at implementing a GPS
system throughout the fleet vehicles, so that it will give feedback on how that driver is doing. Hard
braking, speeding, where they’ve been and we’re getting very close to implementing a contract
with a vendor and starting out with some of the vehicles. So, two things, it will allow the vehicle
to last longer and hopefully give us feedback on how that driver is performing. That’s all I have.
Response
The commenter provides the Legislative Operating Committee with information that the
Department of Public Works is currently working on implementing a GPS system throughout fleet
vehicles that will help monitor the driving of employees of the Nation.
Since this is just information being provided regarding the implementation of GPS equipment in
fleet vehicles, there is no revision to the Law recommended based on this comment.
LOC Consideration
The Legislative Operating Committee determined there is no revision to the Law needed based on
this comment.
Comment 18 – Compliance with BIA Motor Vehicle Operation Policy:
Candice Skenandore (written): Background. The Oneida Nation (Nation) has entered into a
Compact and Funding Agreement with the US Department of lnterior (DOI) since 1994. In
accordance with Section 20 of the Nation's current Funding Agreement, the Nation agrees to selfadminister a motor vehicle operations policy that is either comparable or superior to that of the
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DOI's Bureau of Indian Affairs' May 3, 2006 Motor Vehicle Operation Policy issued by the
Associate Deputy Secretary. In addition, the Nation agrees to comply with Executive Order 13513
pursuant to the current Funding Agreement. Below you will find the Section 20 of the Funding
Agreement in verbatim. Attached is the May 3, 2006 BIA Motor Vehicle Operation Policy and
Executive Order 13513 for your reference.
Response
The commenter provides that through its Compact and Funding Agreement with the U.S.
Department of Interior, the Nation has agreed to self-administer a motor vehicle operations policy
that is either comparable or superior to that of the Department of Interior's Bureau of Indian Affairs'
May 3, 2006 Motor Vehicle Operation Policy issued by the Associate Deputy Secretary, and has
agreed to comply with Executive Order 13513.
Since this information is being provided to the Legislative Operating Committee for information
purposes and to serve as a reminder of the requirements of the Nation’s Compact and Funding
Agreement with the U.S. Department of Interior, there is no revision to the Law recommended on
this comment.
LOC Consideration
The Legislative Operating Committee determined there is no revision to the Law needed based on
this comment.
Comment 19 – Conflicts with BIA Motor Vehicle Operation Policy:
Candice Skenandore (written): Section 20 Motor Vehicle Operation Policy - The Tribe certifies
that it will self-administer a motor vehicle operation policy that promotes the safe and prudent
operation of motor vehicles while performing duties to implement the terms of the Agreement.
The Tribe's policy is either comparable or superior to the May 3, 2006 Motor Vehicle Operation
Policy for the BIA issued by the Associate Deputy Secretary. The Tribe's policy includes
compliance with Executive Order 13513 prohibiting texting while driving.
There may be areas where the proposed law and BIA Motor Vehicle Operation Policy conflict. In
order to avoid compromising the Nation's funding agreement, the LOC may want to consider
making changes to the proposed law to align with the BIA Policy or insert language in the proposed
law that states that any current and future employee whose duties with respect to implementation
of the Compact include driving may be subject to the BIA Motor Vehicle Operation Policy and
Executive Order 13513 when the Nation's Vehicle Driver Certification and Fleet Management law
is less stringent.
It should be noted that the following programs, services, functions, and activities are currently
found within the Nation's BIA funding agreement; however, this is likely to change once the
Nation negotiates a new funding agreement by the end of CY 2021.
Administrative Direction
Safety Management
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Rights Protection
Aid to Tribal Government
Law Enforcement
Facilities Management
Economic Development
Housing Improvement Program
Road Maintenance
Community Fire Protection
Agriculture
Real Estate Services
Real Estate Appraisals
Environmental Quality
Forestry Management
Wildlife Management
Indian Child Welfare
Services to Children, Elderly, and Families
Welfare Assistance
Education (Scholarship, Adult Education)
Employment Assistance
Johnson O'Malley
Litigation Support
Fish Hatchery
Water Management
Hunting and Fishing Rights
There are some areas within the Nation that contribute to the operation of but are not identified as
compacted programs, services, functions, and activities. The Nation receives contract support costs
for these types of positions. It is unclear whether and under what circumstances the Department of
Interior would consider driving to be part of an employee's performance of duties to implement
the Compact on the basis of the Nation's receipt of contract support costs.
Please let me know if you have any questions.
[See Attached May 3, 2006 BIA Motor Vehicle Operation Policy and Executive Order 13513]
Response
The commenter provides that through its Compact and Funding Agreement with the U.S.
Department of Interior, the Nation has agreed to self-administer a motor vehicle operations policy
that is either comparable or superior to that of the Department of Interior’s Bureau of Indian
Affairs' May 3, 2006 Motor Vehicle Operation Policy issued by the Associate Deputy Secretary,
and has agreed to comply with Executive Order 13513. The commenter then goes on to provide
that there may be areas where the proposed Law and the Bureau of Indian Affairs' May 3, 2006
Motor Vehicle Operation Policy conflict. In an effort to avoid compromising the Nation’s funding
agreement, the commenter recommends that the Legislative Operating Committee consider
revising the Law to be consistent with the Department of Interior’s Bureau of Indian Affairs' May
3, 2006 Motor Vehicle Operation Policy, or include a provision in the Law that provides that any
current and future employee whose duties with respect to implementation of the Compact include
driving may be subject to the BIA Motor Vehicle Operation Policy and Executive Order 13513
when the Nation's Vehicle Driver Certification and Fleet Management law is less stringent.
When drafting the amendments to the Law the Legislative Operating Committee was not aware of
the Nation’s agreement to self-administer a motor vehicle operations policy that is either
comparable or superior to that of the Department of Interior’s Bureau of Indian Affairs' May 3,
2006 Motor Vehicle Operation Policy issued by the Associate Deputy Secretary, and comply with
Executive Order 13513. Now that the Legislative Operating Committee has been made aware of
this obligation and potential for conflicts, the Legislative Operating Committee will have to
determine how to move forward.
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An example of a conflict that may exist between the Law and the Department of Interior’s Bureau
of Indian Affairs' May 3, 2006 Motor Vehicle Operation Policy exists in how drug and/or alcohol
related offenses are handled when determining if an individual is eligible for driver certification.
The Law provides that a person shall not be eligible for driver certification if the individual has a
driving record that demonstrates an operating while intoxicated (OWI), driving under the influence
(DUI), or prohibited alcohol concentration (PAC) citation within the last twelve (12) months. [2
O.C. 210.4-2(c)(2)]. On the other hand, Section II.D. of the Department of Interior’s Bureau of
Indian Affairs' May 3, 2006 Motor Vehicle Operation Policy provides that in order to be authorized
to drive on official business an employee must have no convictions or uncontested citations within
the three (3) year period immediately preceding their submittal of GTA Form 3607, Motor Vehicle
Operator’s License and Driving Record, for reckless driving, driving while intoxicated (DWI),
driving under the influence (DUI), or leaving the scene of an accident.
The Legislative Operating Committee has to make a decision on how to handle to potential
conflicts between the Law and the Department of Interior’s Bureau of Indian Affairs' May 3, 2006
Motor Vehicle Operation Policy. The Legislative Operating Committee may make one of the
following determinations:
1. Direct that a comprehensive analysis of the Department of Interior’s Bureau of Indian
Affairs' May 3, 2006 Motor Vehicle Operation Policy is completed and includes a
comparison with the Law to identify any potential conflicts, and then deter this item to a
work meeting to consider revisions to the Law that would eliminate such conflicts.
2. Revise the Law so that it includes a provision that provides that any current and future
employee whose duties with respect to implementation of the Compact include driving
may be subject to compliance with the BIA Motor Vehicle Operation Policy and Executive
Order 13513 when the Nation's Vehicle Driver Certification and Fleet Management law is
less stringent. If the Legislative Operating Committee makes this determination, then it is
recommended that the Legislative Operating Committee direct the Human Resources
Department and the Self Governance Department to collaborate to identify the positions
that would be required to comply with the BIA Motor Vehicle Operations Policy, and then
the following revision is recommended:
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.
LOC Consideration
The Legislative Operating Committee determined that the Law should be revised to include an
exemption which will address all current and future employees whose duties with respect to
implementation of the Compact include driving and therefore may be subject to compliance with
the BIA Motor Vehicle Operation Policy and Executive Order 13513 when the Nation's Vehicle
Driver Certification and Fleet Management law is less stringent.
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The Legislative Operating Committee determined that it is important to identify the specific
employees who may have to follow the BIA Motor Vehicle Operation Policy, so it is clear which
employees are subject to the Nation’s Law and which employees are required to follow a stricter
policy. The Legislative Operating Committee intends to direct the Human Resources Department
to work with the Self Governance Department to identify the positions that would be required to
comply with the BIA Motor Vehicle Operations Policy, and to update the job descriptions so that
it is clear which driving policy is applicable. The Legislative Operating Committee also intends to
direct that a comprehensive analysis of Department of Interior’s Bureau of Indian Affairs' May 3,
2006 Motor Vehicle Operation Policy is completed and includes a comparison with the Law to
identify where this Law is less strict.
The Legislative Operating Committee directed the following revision be made to this Law based
on this comment:
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.
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Title 2. Employment - Chapter 210
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and a variety of vehicles the responsibility is attached to them
VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT
210.1. Purpose and Policy
210.2. Adoption, Amendment, Repeal
210.3. Definitions
210.4. Driver Certification
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210.5. Responsibilities of a Certified Driver
210.6. Fleet Vehicles
210.7. Motor Vehicle Crashes or Damage to Vehicles
210.8. Suspension of Driver Certification and Other Enforcement
210.1. Purpose and Policy
210.1-1. Purpose. The purpose of this law is to establish standards that certify employees, elected
and appointed officials, and volunteers to drive a fleet vehicle or personal vehicle on official
business and regulate the use of all vehicles owned and leased by the Nation.
210.1-2. Policy. It is the policy of the Nation to ensure the safety of the community and employees
of the Nation; minimize the Nation’s liability when physical damage to vehicles and/or property
damage occurs as a result of a motor vehicle crash; and improve the efficiency and effectiveness
of the use of vehicles owned by the Nation.
210.2. Adoption, Amendment, Repeal
210.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-28-17-C,
and amended by resolution BC-__-__-__-__.
210.2-2. This law may be amended or repealed by the Oneida Business Committee and/or Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
210.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
210.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
210.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
210.3. Definitions
210.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Area manager” means an employee’s supervisor’s supervisor; or, an individual
designated to be the area manager by a General Manager position.
(b) “Business day” means Monday through Friday, from 8:00 a.m. to 4:30 p.m.; excluding
the Nation’s holidays.
(c) “Employee” means an individual employed by the Nation, but does not include elected
or appointed officials, or employees of a chartered corporation of the Nation.
(d) “Entity” means a department, enterprise, program, board, committee or commission of
the Nation.
(e) “Employee Assistance Program” means a professional counseling program staffed by
clinical social workers licensed by the State of Wisconsin which offers services to the
Nation’s employees and family members.
(f) “Fleet vehicle” means a vehicle owned or leased by the Nation.
(g) “Moving violation” means any violation of motor vehicle or traffic law that is
committed by the driver of a vehicle while the vehicle is moving. A moving violation does
2 O.C. 210 – Page 1
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not include parking violations, equipment violations, or paperwork violations relating to
insurance, registration or inspection.
(h) “Nation” means the Oneida Nation.
(i) “Prohibited drug” means marijuana, cocaine, opiates, amphetamines, phencyclidine
(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substances
included in Schedules I through V, as defined by Section 812 of Title 21 of the United
States Code. Prohibited drugs also includes prescription medication or over-the-counter
medicine when used in an unauthorized or unlawful manner.
(j) “Supervisor” means the direct supervisor of an employee. For volunteers, elected or
appointed officials, or employees without a direct supervisor, it means the Human
Resources Department or any party who has been designated by the Human Resources
Department as responsible for performing a supervisor’s responsibilities under this law.
(k) “Weapon” means a firearm, knife, electric weapon, club, or any other object intended
to cause harm to oneself or others.
210.4. Driver Certification
210.4-1. An individual shall obtain driver certification from the Human Resources Department
before operating a fleet vehicle or personal vehicle on official business.
210.4-2. Qualifications for Certification. In order to receive driver certification a person shall:
(a) Be eighteen (18) years of age or older;
(b) Hold a valid Wisconsin driver’s license;
(1) A person who holds a valid driver’s license from a state other than Wisconsin
shall have thirty (30) days after his or her first day of employment or service to
obtain a Wisconsin driver’s license.
(c) Have a driving record that does not reflect any of the following conditions:
(1) Three (3) or more moving violations and/or at-fault motor vehicle crashes in
the past two (2) years; and/or
(2) An operating while intoxicated (OWI), driving under the influence (DUI), or
prohibited alcohol concentration (PAC) citation within the last twelve (12) months.
(d) Complete all driver training requirements imposed by the Nation or any federal or state
agency regulations;
(e) Satisfy any other requirements specific to the job description and/or vehicle that may
be used by or assigned to the person; and
(f) Maintain one (1) of the following minimum insurance requirements for a personal
vehicle if the individual may use his or her personal vehicle to conduct official business:
(1) the individual’s insurance covers:
(A) one hundred thousand dollars ($100,000) per person;
(B) three hundred thousand dollars ($300,000) per motor vehicle crash for
bodily injury; and
(C) twenty-five thousand dollars ($25,000) property damage; or
(2) the individual’s insurance covers two hundred and fifty thousand dollars
($250,000) combined single limit.
210.4-3. The Nation’s Human Resources Department shall be responsible for determining whether
an individual meets all the qualifications before approving or denying a driver certification.
(a) An individual shall provide his or her appropriate license, training certification, and
insurance information to the Human Resources Department.
(b) The Human Resources Department shall have the authority to check the driving record
of an individual at any time.
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(c) The Human Resources Department shall maintain a current list of all certified drivers
and provide the list to Fleet Management, Risk Management, and Central Accounting on a
regular basis.
210.4-4. A supervisor shall ensure that an individual has received his or her driver certification
from the Human Resources Department before allowing the individual to drive a fleet vehicle or a
personal vehicle on official business.
210.4-5. Exemption. An individual whose duties with respect to the implementation of a contract,
agreement, or compact of the Nation include driving may be subject to compliance with a motor
vehicle operation policy as provided in the contract, agreement, or compact of the Nation when
this law is less stringent than the said motor vehicle operation policy.
210.5. Responsibilities of a Certified Driver
210.5-1. General Responsibilities. While operating a fleet vehicle or a personal vehicle on official
business, an individual shall:
(a) Abide by all traffic laws;
(b) Wear a seat belt and require any passengers to wear a seat belt at all times;
(c) Not drive while under the influence of prohibited drugs and/or alcohol;
(d) Not drive if impaired by a medical or physical condition or other factor that affects a
driver’s motor skills, reaction time, or concentration;
(e) Not carry a weapon, whether in the open or concealed;
(1) Exemption. An individual who is carrying a weapon in the course of performing
his or her official duties, or is participating in cultural activities or ceremonies is
exempt from this requirement.
(f) Not transport prohibited drugs and/or alcohol;
(1) Exemption. An employee of the Nation who is transporting prohibited drugs
and/or alcohol in the course of performing his or her job duties is exempt from this
requirement.
(g) Not deliver goods or services for personal gain, or operate private pools where the
riders pay the driver; and
(h) Not use electronic devices in an unlawful manner.
210.5-2. Training Responsibilities. An individual with driver certification shall complete the
driver safety training provided and monitored by the Human Resources Department every three
(3) years.
(a) Exemption. An individual who is required to maintain compliance with any specialized
driver safety training requirements imposed by state or federal regulatory agencies shall be
exempt from the requirement to complete the driver safety training provided by the Human
Resources Department.
210.5-3. Fleet Vehicle Responsibilities. When operating a fleet vehicle, an individual shall:
(a) Complete a vehicle mileage log;
(b) Not transport unauthorized passengers;
(c) Notify the Fleet Management Department immediately of any problems with a fleet
vehicle that may be a safety or mechanical hazard, or of any incidents that result in the
inability of a fleet vehicle to complete a trip;
(d) Be personally responsible for all traffic citation costs, parking ticket costs, or any
similar expense related to vehicle use;
(e) Use Oneida Retail locations for fueling fleet vehicles, unless the fleet vehicle needs
fuel before it can be taken to an Oneida Retail location;
(f) Not smoke or use electronic smoking devices or permit others to smoke or use
electronic smoking devices in the fleet vehicle; and
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(g) Ensure the interior of the vehicle is kept in good condition, clean, and free of debris.
210.5-4. Personal Vehicle Responsibilities. When operating a personal vehicle on official
business, an individual shall:
(a) Obtain permission from his or her supervisor to operate a personal vehicle on official
business; and
(b) Submit all required documents for mileage reimbursement, if seeking reimbursement
for miles driven while conducting official business, within thirty (30) days of driving the
miles or by the end of the current fiscal year, whichever is sooner.
(1) Not seeking mileage reimbursement does not exempt an individual from the
provisions of this law.
210.5-5. Notification Requirements. An individual shall notify his or her supervisor if he or she:
(a) Has his or her driver’s license suspended or revoked by the State, or has his or her
driver’s license become invalid for any other reason;
(b) Meets any of the conditions for disciplinary action as provided in section 210.8-7;
and/or
(c) Has any impairment by a medical or physical condition or other factor that affects his
or her motor skills, reaction time, or concentration.
210.6. Fleet Vehicles
210.6-1. Fleet Management Department. The Nation’s Fleet Management Department shall
purchase, manage, and monitor the use of the Nation’s fleet vehicles. The Fleet Management
Department’s responsibilities shall include, but are not limited to:
(a) Maintain a list of all fleet vehicles that are available for use, including vehicles
permanently assigned to specific entities of the Nation;
(b) Remove unsafe vehicles from the fleet;
(c) Obtain estimates of and schedule fleet vehicle repairs when necessary;
(d) Install or remove equipment on fleet vehicles;
(e) Ensure the Nation’s logo is on all fleet vehicles; and
(f) Ensure that all fleet vehicles are equipped with a mileage log and an auto incident kit
which contains forms and instructions for reporting any incident.
210.6-2. Automotive Department. The Automotive Department shall service and maintain fleet
vehicles according to factory recommendations, or the maintenance schedule established by the
Automotive Department, whichever is stricter. Any vehicle deemed unsafe by the Automotive
Department shall be reported to the Fleet Management Department.
210.6-3. Risk Management Department. The Risk Management Department shall be responsible
for securing and maintaining insurance coverage for all fleet vehicles. Additional responsibilities
of the Risk Management Department shall include, but is not limited to:
(a) Providing auto insurance identification cards in every fleet vehicle;
(b) Processing all submitted vehicle claims and related information; and
(c) Submitting claims to the insurance company.
210.6-4. Use of a Fleet Vehicle. A fleet vehicle may be permanently assigned to an entity for use
or requested for use on a temporary basis. A fleet vehicle shall be used for conducting official
business of the Nation. When used for travel purposes, a fleet vehicle may also be used for
incidental purposes such as travel to and from lodging and/or meal sites.
(a) Prohibited Use of a Fleet Vehicles. A fleet vehicle shall not be used for any of the
following purposes:
(1) Personal use for non-business purposes;
(2) Towing cargo for personal reasons;
(3) Hauling loads that could structurally damage the vehicle; and/or
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(4) Jump starting vehicles, other than fleet vehicles.
210.6-5. Permanently Assigned Fleet Vehicles. The Fleet Management Department may
permanently assign a fleet vehicle to an entity if the entity meets the minimum mileage criteria as
established by the Fleet Management Department.
(a) Exception to Minimum Mileage Criteria. The Fleet Management Department may
grant an entity an exception to the minimum mileage criteria.
(b) An entity who is permanently assigned a fleet vehicle shall regularly schedule
maintenance work and safety checks with the Automotive Department.
(c) An entity that is permanently assigned a fleet vehicle is responsible for ensuring that
any individual who drives the vehicle has his or her driver certification.
210.6-6. Temporary Use of a Fleet Vehicle. An individual in an entity that is not permanently
assigned a fleet vehicle may request to use a fleet vehicle for the purpose of conducting official
business by submitting a request to the Fleet Management Department.
(a) Requests for the use of a fleet vehicle shall be made at least one (1) week in advance,
unless urgent circumstances arise.
(b) Before determining whether a fleet vehicle is available, or approving the use of a fleet
vehicle, the Fleet Management Department shall confirm that:
(1) The individual requesting the fleet vehicle has his or her driver certification;
(2) The individual has authorization to use the fleet vehicle from his or her
supervisor, if an employee, or by the individual’s entity, if the individual is an
elected or appointed official of the Nation or volunteer; and
(3) Any passengers are authorized to travel in a fleet vehicle.
(c) The Fleet Management Department may combine vehicle use for travel to the same
destination.
(d) The Fleet Management Department may cancel reservations that are not fulfilled in a
timely manner.
210.6-7. Authorized Passengers. In addition to the employees, elected or appointed officials, or
volunteers who are authorized to use a fleet vehicle, the following individuals shall be authorized
to be a passenger in a fleet vehicle:
(a) Individuals being transported as part of a program or service of the Nation;
(b) Individuals being transported during the normal and ordinary course of representing
and/or conducting business on behalf of the Nation; and/or
(c) Any other individual who is authorized to be a passenger by the Fleet Management
Departmentsupervisor of the employee, elected or appointed official, or volunteer.
210.6-8. Modifications to Fleet Vehicles. Modifications to fleet vehicles for personal reasons are
not permitted. Modifications to fleet vehicles for operating purposes may be allowed only with the
approval of the Fleet Management Department.
(a) Radar detection devices shall not be installed or used in fleet vehicles.
210.6-9. Rental Vehicles. An individual shall have his or her driver certification before using a
rental vehicle to conduct official business. An individual shall operate the rental vehicle with the
same responsibilities and restrictions as a fleet vehicle.
(a) A vehicle shall be rented in accordance with the Nation’s laws and policies governing
travel. Every vehicle rented shall include the purchase of the maximum collision damage
waiver offered by the rental company.
210.7. Motor Vehicle Crashes or Damage to Vehicles
210.7-1. In the event of a motor vehicle crash or damage involving the fleet vehicle or personal
vehicle driven on official business, an individual shall be subject to the following reporting
requirements; provided that, if an individual sustains injuries that make it impossible to meet the
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reporting deadlines identified herein; the driver shall instead make the required reports as soon as
he or she is able to do so:
(a) immediately report the crash or damage to local law enforcement if it results in any of
the following:
(1) death of a person;
(2) an injury to the driver or another person that requires medical attention;
(3) damage to property that does not belong to the driver or the Nation; or
(4) a vehicle being disabled and/or needing to be towed.
(b) immediately report the motor vehicle crash or damage to his or her supervisor; and
(c) provide the Fleet Management Department and Risk Management Department with a
completed auto incident report by the end of the next business day immediately following
the motor vehicle crash or damage.
210.7-2. Internal Review. The Fleet Management Department and Risk Management Department
shall coordinate and conduct an internal review of the auto incident report for a motor vehicle crash
and/or damage to a vehicle.
(a) Fleet Management and Risk Management may recommend whether an individual
should be subject to disciplinary action and/or a driver safety training requirement based
on the motor vehicle crash or incident resulting in damage to a vehicle.
(b) The internal review shall be completed as soon as possible after a motor vehicle crash
has been reported.
(c) Following an internal review, Fleet Management and Risk Management shall issue a
report. Copies of the report shall be:
(1) provided to the driver, the driver’s supervisor, and the driver’s area manager;
and
(2) provided to the Human Resources Department if the Fleet Management
Department and Risk Management Department recommend disciplinary action.
210.8. Suspension of Driver Certification and Other Enforcement
210.8-1. Suspension of driver certification is the suspension of an individual’s ability to drive a
fleet vehicle or personal vehicle on official business and is not a leave from work. Suspension of
driver certification is non-appealable.
210.8-2. Qualifications for Suspension. A supervisor shall suspend an individual’s driver
certification if the individual’s driver’s license is suspended or revoked by the State or becomes
invalid for any other reason.
(a) A supervisor shall, when necessary,may refer drivers to the Employee Assistance
Program in accordance with applicable laws and policies of the Nation.
210.8-3. Length of Suspension. The individual’s driver certification shall be suspended until a
time in which the individual has obtained a valid driver’s license and meets the qualifications for
reinstatement of driver certification.
210.8-4. Notification of Suspension. The supervisor shall notify the Human Resources
Department in writing if he or she suspends the driver certification of an individual and shall
provide the basis for the suspension. Once notified of a suspension of driver certification the
Human Resources Department shall remove the individual from the list of current certified drivers.
210.8-5. Reasonable Accommodations to Suspension. If the suspension of an individual’s driver
certification affects the individual’s ability to perform his or her job duties, a supervisor may take
one of the following actions:
(a) Reassign the individual to a position which does not require driving;
(b) Provide non-driving accommodation within the position;
(c) Remove the driving requirement from the job description;
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(d) Place the individual on unpaid leave until the individual obtains his or her driver
certification; or
(e) Terminate the individual because a valid driver’s license is an essential requirement of
the position.
210.8-6. Reinstatement of Driver Certification. An individual may have his or her driver
certification reinstated upon a review by the Human Resources Department that the individual
again meets all the qualifications for driver certification provided for in section 210.4-2.
210.8-7. Other Enforcement Actions. A supervisor may take disciplinary action against an
individual in accordance with the Nation’s laws and policies governing employment if the
individual is an employee, or in accordance with the laws and policies of the Nation governing
sanctions and penalties if the individual is an elected or appointed official of the Nation, for any
of the following actions:
(a) Failing to comply with any provision of this law;
(b) Failing to complete any applicable driver training requirements;
(c) Driving a fleet vehicle without being certified under the provisions of this law;
(d) Admitting to, or being determined to be, partially or entirely at fault in a motor vehicle
crash involving vehicle damage, property damage, or personal injury; and
(e) Not maintaining the minimum insurance requirements for a personal vehicle.
210.8-8. Additional Driver Safety Training. A supervisor may require that an individual complete
an additional applicable driver safety training, at his or her own expense, if the individual:
(a) is involved in an at-fault motor vehicle crash or damage involving the fleet vehicle or
personal vehicle driven on official business;
(b) receives a moving violation while driving a fleet vehicle or personal vehicle driven on
official business; and
(c) has his or her driver’s license suspended or revoked by the State or becomes invalid
for any other reason.
End.
Adopted BC-06-28-17-C.
Amended BC-__-__-__-__.
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Title 2. Employment - Chapter 210
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VEHICLE DRIVER CERTIFICATION AND FLEET MANAGEMENT
210.1.
210.2.
210.3.
210.4.
210.5.
210.6.
210.7.
210.8.
210.9.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Tribal Department Responsibilities
Driver Responsibilities
Tribal Vehicle Usage
Rental Vehicles
Driver Certification
Motor Vehicle Crashes, Damage Involving Tribal
Vehicles
210.10.
Suspension and Revocation of Certification;
Disciplinary Action
210.11. Reinstatement of Certification
210.1. Purpose and Policy
210.2. Adoption, Amendment, Repeal
210.3. Definitions
210.4. Driver Certification
210.5. Responsibilities of a Certified Driver
210.6. Fleet Vehicles
210.7. Motor Vehicle Crashes or Damage to Vehicles
210.8. Suspension of Driver Certification and Other Enforcement
210.1. Purpose and Policy
210.1-1. Purpose. The purposespurpose of this law areis to:
(a) establish standards that certify employees, elected and appointed officials, and
volunteers to drive a Tribalfleet vehicle or drive a personal vehicle on Tribalofficial
business, and
(b) regulate the use of all vehicles owned and leased by the Nation.
210.1-2. Policy. It is the policy of the Nation to:
(a) ensure the safety of the community and employees of the Oneida Nation;
(b) minimize the Nation’s liability when physical damage to vehicles and/or property
damage occurs as a result of a motor vehicle crash; and
(c) improve the efficiency and effectiveness of the use of vehicles owned by the Nation.
210.2. Adoption, Amendment, Repeal
210.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-28-17-C.,
and amended by resolution BC-__-__-__-__.
210.2-2. This law may be amended or repealed by the Oneida Business Committee and/or Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
210.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
210.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control. Provided that, this law repeals the following:
(a) BC-09-09-98-A (Amended Vehicle Driver Certification Policy)
(b) BC-09-24-97-E (Oneida Vehicle Fleet Management Policy)
210.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
210.3. Definitions
210.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a)(a) “Area manager” means an employee’s supervisor’s supervisor; or, an individual
designated to be the area manager by a General Manager position.
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(b) “Business day” means Monday through Friday, from 8:00 a.m. to 4:30 p.m.; excluding
the Nation’s holidays.
(b) “Business miles” means miles driven in a vehicle by an individual in order to conduct
Tribal business.
(c) “Certification” or “certified” means that a driver meets the requirements established by
this law and is authorized to operate a Tribal vehicle and/or a personal vehicle on Tribal
business.
(d) “Driver” means any employee, official and/or volunteer who is certified to operate a
Tribal vehicle, or to drive a personal vehicle on Tribal business.
(e) “Driver’s abstract” means a driver’s official driving record, which includes, but is not
limited to, any restrictions or limitations that may be imposed on the driver’s driving
privileges.
(f) “Employee” means an individual who is employed by the Nation and is subject to the
direction and control, but does not include elected or appointed officials, or employees of
a chartered corporation of the Nation with respect to the material details of the work
performed, or who has the status of an employee under the usual common law rules
applicable to determining the employer-employee relationship. “Employee” includes, but
is not limited to, an individual employed by any program or enterprise of the Nation, and
political appointees.
(g)d) “Entity” means a department, enterprise, program, board, committee or commission
of the Nation.
(e) “Employee Assistance Program” means a professional counseling program staffed by
clinical social workers licensed by the State of Wisconsin which offers services to the
Nation’s employees and family members.
(f) “Fleet vehicle” means a vehicle owned or leased by the Nation.
(g) “Moving violation” means any violation of motor vehicle or traffic law that is
committed by the driver of a vehicle while the vehicle is moving. A moving violation does
not include parking violations, equipment violations, or paperwork violations relating to
insurance, registration or inspection.
(h) “Nation” means the Oneida Nation.
(i) “Non-business miles” means miles driven in a Tribal vehicle that are not businessrelated, including commuting.
(j) “Official” means anyone who is serving on the Oneida Business Committee or the
Oneida Judiciary, and any other person who is elected or appointed to a board, committee
or commission created by the Oneida Business Committee or Oneida General Tribal
Council.
(k)(i) “Prohibited drug” means marijuana, cocaine, opiates, amphetamines, phencyclidine
(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substances
included in Schedules I through V, as defined by Section 812 of Title 21 of the United
States Code. Prohibited drugs also includes prescription medication or over-the-counter
medicine when used in an unauthorized or unlawful manner.
(j) “Supervisor” means the direct supervisor of an employee. Provided that, forFor
volunteers, elected or appointed officials and, or employees without a direct supervisor, it
means the Human Resources Department or any party who has been designated by the
Human Resources Department as responsible for performing a supervisor’s responsibilities
under this law.
(l) “Tribal” or “Tribe” means the Oneida Nation.
(m) “Tribal(k) “Weapon” means a firearm, knife, electric weapon, club, or any other object
intended to cause harm to oneself or others.
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210.4. Driver Certification
210.4-1. An individual shall obtain driver certification from the Human Resources Department
before operating a fleet vehicle” means a or personal vehicle on official business.
210.4-2. owned or leased 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.
(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. (n) “Volunteer” means a person who provides a service to the Nation without
receiving pay.
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(o) “Workday” means a regularly scheduled workday or service day for a driver, regardless
of whether the day falls on a weekday or weekend.
210.4. Tribal Department 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. 210.4-1. Department of Public Works. The Department of Public Works shall maintain
Fleet Management and Automotive Departments to assist with the implementation of this law.
210.4-2. Fleet Management.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 shall:Department immediately of any problems with a
fleet vehicle that may be a safety or mechanical hazard, or of any incidents that result in
the inability of a fleet vehicle to complete a trip;
(d) Be personally responsible for all traffic citation costs, parking ticket costs, or any
similar expense related to vehicle use;
(e) Use Oneida Retail locations for fueling fleet vehicles, unless the fleet vehicle needs
fuel before it can be taken to an Oneida Retail location;
(f) Not smoke or use electronic smoking devices or permit others to smoke or use
electronic smoking devices in the fleet vehicle; and
(g) Ensure the interior of the vehicle is kept in good condition, clean, and free of debris.
210.5-4. Personal Vehicle Responsibilities. When operating a personal vehicle on official
business, an individual shall:
(a) Obtain permission from his or her supervisor to operate a personal vehicle on official
business; and
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(b) Submit all required documents for mileage reimbursement, if seeking reimbursement
for miles driven while conducting official business, within thirty (30) days of driving the
miles or by the end of the current fiscal year, whichever is sooner.
(1) Not seeking mileage reimbursement does not exempt an individual from the
provisions of this law.
210.5-5. Notification Requirements. An individual shall notify his or her supervisor if he or she:
(a) Has his or her driver’s license suspended or revoked by the State, or has his or her
driver’s license become invalid for any other reason;
(b) Meets any of the conditions for disciplinary action as provided in section 210.8-7;
and/or
(c) Has any impairment by a medical or physical condition or other factor that affects his
or her motor skills, reaction time, or concentration.
210.6(a) Purchase. Fleet Vehicles
210.6-1. Fleet Management Department. The Nation’s Fleet Management Department shall
purchase, manage, and monitor the use of Tribal vehicles, the Nation’s fleet vehicles. The Fleet
Management Department’s responsibilities shall include, but are not limited to:
(a) Maintain a list of all fleet vehicles that are available for use, including the removal of
vehicles permanently assigned to specific entities of the Nation;
(b) Remove unsafe vehicles from the fleet;
(b)c) Obtain estimates of and schedule Tribalfleet vehicle repairs when necessary;
(c) Participate in motor vehicle crash investigations;
(d) Participate in situations requiring approval of driver certifications;
(e) (d) Install or remove global positioning system monitors on Tribalequipment on fleet
vehicles;
(e) Ensure the Nation’s logo is on all fleet vehicles; and
(f) Ensure that all Tribalfleet vehicles are equipped with a mileage log and an auto incident
kit which contains forms and instructions for reporting any incident; and.
(g) Maintain a list of all fleet vehicles that are available for use by drivers; including
vehicles permanently assigned to specific departments.
210.4-3.6-2. Automotive Department. The Automotive Department shall service and maintain
Tribalfleet vehicles according to factory recommendations, or the maintenance schedule
established by the Automotive Department, whichever is stricter. Any vehicle deemed unsafe by
the Automotive Department shall be reported to the Fleet Management Department.
210.4-46-3. Risk Management. Department. The Risk Management shall:
(a) SecureDepartment shall be responsible for securing and maintainmaintaining insurance
coverage for all Tribalfleet vehicles, or may designate another party to do so;. Additional
responsibilities of the Risk Management Department shall include, but is not limited to:
(b) Provide(a) Providing auto insurance identification cards in every Tribalfleet vehicle;
(c) Process(b) Processing all submitted vehicle claims and related information; and
(d) Submit(c) Submitting claims to the insurance company;.
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;
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(3) Hauling loads that could structurally damage the vehicle; and/or
(4) Jump starting vehicles, other than fleet vehicles.
210.6-5. Permanently Assigned Fleet Vehicles. The Fleet Management Department may
permanently assign a fleet vehicle to an entity if the entity meets the minimum mileage criteria as
established by the Fleet Management Department.
(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. (e) Participate in motor vehicle crash investigations; and
(f) Participate in situations requiring approval of certifications.
Temporary Use210.4-5. Human Resources Department. The Human Resources Department
shall:
(a) Maintain a current list of drivers and provide the list to Fleet Management and the
Central Accounting Department on a regular basis;
(b) Perform driving record checks and approve or deny certification based on the review
of an individual’s driving record; and notify the appropriate parties immediately of
ineligibility in writing;
(c) Notify supervisors immediately of
(1) the certification status of his or her employees or volunteers; and
(2) of any cancelation or lapse in a personal vehicle driver’s insurance coverage.
(d) Assist supervisors with the administration of suspensions and/or revocations of
certification;
(e) Request and maintain records of proof of insurance on personal vehicles driven on
Tribal business;
(f) Participate in motor vehicle crash investigations;
(g) Maintain documentation of all required driver training and regulatory compliance;
(h) Perform, or delegate to another person to perform, the supervisory responsibilities
identified in this law, for drivers who do not have a supervisor.
210.4-6. Environmental Health & Safety Division. The Environmental Health & Safety Division
shall provide driver safety training as included herein, and provide the Human Resources
Department with the names of drivers who have completed training after each training session.
210.4-7. Supervisors. For drivers who do not have a supervisor, the Human Resources Department
shall either assume the supervisor’s responsibilities, or shall delegate those responsibilities to
another person/Fleet Vehicle. An individual in an entity. Supervisors of drivers shall:
(a) Ensure those drivers who report to them are certified before allowing those employees
to drive a Tribal vehicle or a personal vehicle on Tribal business.
(b) Ensure drivers have the appropriate license, training certification(s), and insurance
information on file with the Human Resources Department.
(c) Ensure all motor vehicle crashes and damages are reported in accordance with this law.
(d) Ensure that all Tribal vehicle mileage is recorded and submitted to Fleet Management
in accordance with requirements established by Fleet Management.
(e) Approve expense reports submitted for personal vehicle mileage reimbursement.
(f) Promptly take appropriate action to investigate:
(1) all infractions of this law of which they become aware, including but not limited
to, allegations of alcohol or drug use while using a Tribal vehicle or personalnot
permanently assigned a fleet vehicle for Tribal business.
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(2) allegations of a history of unsafe driving, regardless of whether or not the
employee has ever been charged with an offense.
(g) Ensure that all employees who directly report to them abide by this law.
(h) Implement disciplinary action against employee drivers who violate this law, in
accordance with the Nation’s laws governing employment.
(i) When necessary, refer drivers to:
(1) the Environmental Health & Safety Division or an appropriate agency or
training source for additional driver training; and/or
(2) the Employee Assistance Program, in accordance with applicable policies and
procedures of the Nation.
210.5. Driver Responsibilities
210.5-1. While operating a Tribal vehicle or a personal vehicle on Tribal business, drivers shall:
(a) Abide by all provisions of this law.
(b) Follow all traffic laws, respect property, be courteous and use good judgment.
(c) Wear seat belts and require passengers to wear seat belts at all times.
(d) Not drive while:
(1) under the influence of controlled substances, intoxicating beverages,
prescription drugs or other medications that caution against operating a motor
vehicle when taken, or
(2) impaired by a medical or physical condition or other factor that affects a driver’s
motor skills, reaction time or concentration.
(e) Not transport controlled substances, intoxicating beverages, or any passenger that is in
possession of controlled substance or intoxicating beverages; without prior written
approval from his or her supervisor to do so.
(1) Exemptions. Employees of the Nation who are transporting such substances,
beverages or passengers in the course of performing their job duties are exempt
from this requirement.
(f) Not transport unauthorized passengers.
(g) Not use devices such as cell phones, whether for talking or texting; notebook or laptop
computers; books or book applications; newspapers or magazines; and two-way radios
unless the vehicle is safely stopped.
(1) Exemptions. The following are exempt from this requirement:
(A) Authorized emergency vehicle communication equipment
(B) Navigation devices
(C) Communication equipment used while performing services for the
Nation.
210.6. Tribal Vehicle Usage
210.6-1. Drivers who do not have access to a permanently assigned Tribal vehicle and who are
unable to use a vehicle assigned to another department, may request to use a Tribalfleet vehicle to
conduct Tribalfor the purpose of conducting official business by submitting a request to the Fleet
Management. Whenever possible, such requests shall be made at least one (1) week in advance.
Department.
(a) Requests for the use of a fleet vehicle shall be made at least one (1) week in advance,
unless urgent circumstances arise.
(b) Before determining whether a fleet vehicle is available, or approving the use of a fleet
vehicle, the Fleet Management Department shall confirm that:
(1) The individual requesting the fleet vehicle has his or her driver certification;
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(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 and may combine vehicle use for travel to the same destination.
(b) Before determining whether a Tribal vehicle is available or approving the use of a
Tribal vehicle, Fleet Management shall confirm that:
(1) the driver is certified.
(2) the driver has written consent to use a Tribal vehicle; provided by the driver’s
supervisor, if the driver is an employee; or by the driver’s entity, if the driver is an
official or volunteer.
(3) any passengers are authorized to travel in a Tribal vehicle, in accordance with
210.6-3.
(c) Before approving the use of a permanently assigned Tribal vehicle by any driver; the
department shall be responsible for confirming that the requirements of (b) are met. 7. Authorized
Passengers.
210.6-2. In order to have a Tribal vehicle permanently assigned to an entity, the entity shall drive
a minimum number of miles annually, as determined by Fleet Management. Exceptions to the
mileage criteria may be granted upon request by an entity and with written approval from Fleet
Management.
(a) Entities who have a permanently-assigned vehicle shall regularly schedule service
work, maintenance work and safety checks with the Automotive Department.
210.6-3. The following individuals may travel in a Tribal vehicle:
(a) Employees,addition to the employees, elected or appointed officials, or volunteers who are on
Tribal business,authorized to use a fleet vehicle, the following individuals shall be authorized to
be a passenger in a fleet vehicle:
(b)a) Individuals being transported as part of a program or service of the Nation, ;
(c)b) Individuals being transported during the normal and ordinary course of representing
and/or conducting business on behalf of the Nation; and/or
(d) Individuals who are authorized, by Oneida Business Committee motion, to travel in a
Tribal vehicle. The Oneida Business Committee may request input from Fleet Management
before making a determination on these requests.
210.6-4. When a driver uses a Tribal vehicle, he or she shall:
(a) Complete a vehicle mileage log. Vehicle mileage logs shall be provided in each Tribal
vehicle.
(b) Notify Fleet Management immediately of any problem(s) with a Tribal vehicle that may
be a safety or mechanical hazard, or of any incidents that result in the inability of a Tribal
vehicle to complete a trip.
(c) Be personally responsible for all traffic citation costs, parking ticket costs or any similar
expense related to vehicle use.
(d) Use Oneida One Stops for fueling Tribal vehicles, unless the Tribal vehicle needs fuel
before it can be taken to an Oneida One Stop.
(e) Not smoke, and not permit others to smoke, in the Tribal vehicle.
(f) Ensure the interior of the vehicle is kept in good condition, clean and free of debris.
(c) Any other individual who is authorized to be a passenger by the supervisor of the
employee, elected or appointed official, or volunteer.
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210.6-8. 210.6-5. Tribal vehicles shall be used for business miles. When away from the work site,
a Tribal vehicle may also be used for incidental purposes, such as travel to and from lodging and
meal sites. Tribal vehicles shall not be used for any of the following:
(a) Personal use or non-business miles, except as authorized under the Business Committee
Vehicle Policy.
(b) Vacation.
(c) Towing cargo for personal reasons.
(d) Hauling loads that could structurally damage the vehicle.
(e) Delivering goods or services for personal gain, or operating private pools where the
riders pay the driver.
(f) Transporting hitchhikers.
(g) Jump starting vehicles, other than Tribal vehicles.
210.6-6. Tribal logos shall be placed on all Tribal vehicles.
210.6-7. Additional Equipment, Modifications.
(a) to Fleet Vehicles. Modifications to Tribalfleet vehicles for personal reasons are not permitted.
Modifications to Tribalfleet vehicles for operating purposes may be allowed only with the approval
of the Fleet Management. Department.
(1) Provided that, this shall not be construed to prohibit drivers from making
temporary, non-permanent modifications, such as adjusting the positions of vehicle
seats or mirrors.
(b) Fleet Management may equip Tribal vehicles with Global Positioning Systems (GPS)
to monitor vehicle usage.
(c)(a) Radar detection devices shall not be installed or used in Tribalfleet vehicles.
210.7. Rental Vehicles
210.7-1. Rental vehicles are considered Tribal vehicles for the purpose of this law. All provisions
of this law apply to rental vehicle usage. Vehicles210.6-9. Rental Vehicles. An individual shall
have his or her driver certification before using a rental vehicle to conduct official business. An
individual shall operate the rental vehicle with the same responsibilities and restrictions as a fleet
vehicle.
(a) A vehicle shall be rented in accordance with the Oneida Travel and Expense PolicyNation’s
laws and drivers of rental vehicles shall be certified in accordance with this law.
210.7-2.policies governing travel. Every vehicle rentalrented shall include the purchase of
the maximum collision damage waiver offered by the rental companiescompany.
210.8. Driver Certification
7210.8-1. Certification. All persons shall be certified before operating a Tribal vehicle or personal
vehicle on Tribal business. In order to be certified, an individual shall:
(a) Be eighteen (18) years of age or older.
(b) Satisfy any additional experience requirements established by law or by rules
promulgated by the Human Resources Department, that apply for the vehicle being
assigned or used.
(c) Hold a valid, non-probationary Wisconsin driver’s license and provide proof of such
license, including any commercial endorsement(s), to the Human Resources Department
within thirty (30) days after his or her start of employment or time of election, appointment
or volunteer service.
(1) Drivers with commercial driver’s licenses may be restricted to only operating
Tribal vehicles within the state of Wisconsin.
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(2) An occupational license is a valid, non-probationary driver’s license if the
driver’s abstract which accompanies the occupational license allows the driver to
operate vehicles for his or her job with the Nation.
(3) Individuals with a driver’s license from a state other than Wisconsin shall obtain
a Wisconsin driver’s license within thirty (30) days after their first day of actual
employment or service and provide a copy to the Human Resources Department.
(d) Pass a driving record check by the Human Resources Department to verify the driver
has a valid, non-probationary driver’s license as identified in (c); and to verify the driver
has no citation or conviction related to a traffic incident, and no driving citation or
conviction involving drugs or alcohol, within the time period(s) that would make the driver
ineligible for certification under this law.
(1) The individual shall have his or her driving record checked by the Human
Resources Department prior to his or her hire date or start date.
(A) State Department of Motor Vehicle reports shall be used to determine
whether an individual passes the driving record check.
(B) An individual with a driver’s license from a state other than Wisconsin
shall have his or her driving record checked based on that state’s license.
(2) The Nation reserves the right to check driving records of a driver at any time.
All drivers shall authorize the Human Resources Department to check his or her
driving record.
(3) The Nation reserves the right to allow insurance carriers or agents to check
driving records at any time. This review shall be deemed to be a review by the
Nation.
(e) Complete all driver training requirements imposed by the Nation, an individual entity,
or by any federal or state agency regulations.
(1) Except as provided in (e)(2), drivers who are certified to operate a Tribal vehicle
shall complete driver safety training every three (3) years.
(A) The training program shall be administered, scheduled, and documented
by the Environmental Health & Safety Division.
(B) A break in employment or service of one hundred eighty (180) days or
greater requires retraining.
(C) Drivers shall be paid their regular wage for all required training.
(2) Tribal vehicle drivers who are subject to specialized driver safety training requirements
imposed by state or federal regulatory agencies are exempt from the driver safety training
required in (e)(1), provided that, such drivers shall complete all required driver safety training
according to the applicable regulations before operating a Tribal vehicle to which the regulations
apply.
210.8-2. Additional Requirements for Personal Vehicle Drivers. In addition to the requirements
listed in 210.8-1, the following also apply for drivers of personal vehicles on Tribal business.
(a) Insurance. Each driver shall provide the Human Resources Department with written
proof that he or she carries at least the minimum insurance coverage required by this law.
Drivers shall maintain updated proof of vehicle insurance and provide copies to the Human
Resources Department. The Human Resources Department may request written proof of
insurance from drivers at any time.
(1) The minimum insurance requirements on a personal vehicle are:
(A) one hundred thousand dollars ($100,000) per person;
(B) three hundred thousand dollars ($300,000) per accident for bodily
injury; and
(C) twenty-five thousand dollars ($25,000) property damage.
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(2). A driver shall immediately notify the Human Resources Department of any
cancelation or lapse in his or her insurance coverage. No driver may drive a
personal vehicle on Tribal business during the time he or she does not have the
required minimum personal auto insurance coverage.
(3) If a personal vehicle driver’s required insurance lapses, the Human Resources
Department shall immediately remove the driver from the list of certified drivers,
and notify the driver’s supervisor once this action has been taken.
(b) Mileage Reimbursement.
(1) A driver who operates a personal vehicle on Tribal business shall be reimbursed
for any business miles driven if he or she:
(A) was certified at the time and had written proof of required insurance on
file with the Human Resources Department.
(B) had prior consent from his or her supervisor to travel those miles on
Tribal business.
(2) While driving on Tribal business, drivers of personal vehicles shall not use their
vehicle for personal gain of any kind.
(3) All provisions of this law apply to drivers of personal vehicles on Tribal
business regardless of whether or not vehicle mileage reimbursement is submitted.
210.8-3. Additional Requirements
(a) Individual entities may require stricter certification procedures and standards that do
not conflict with these standards; including but not limited to, specialized requirements
regarding age, experience, training, and licensing. Such procedures and standards shall be
submitted to Fleet Management, Risk Management and the Human Resources Department
for review and approval.
(b) Drivers are subject to all specialized requirements imposed by state or federal
regulatory agencies; including but not limited to, regulatory requirements pertaining to the
use of drugs and alcohol.
210.8-4. Drivers shall immediately notify their supervisor; and the supervisor shall immediately
notify the Human Resources Department in writing, of any of the following:
(a) An arrest, charge or conviction for any:
(1) motor vehicle operation violation involving drugs or alcohol; or
(2) criminal offense related to a traffic incident.
(b) Any restriction, suspension, revocation, cancellation or, if applicable, reinstatement of
driving privileges related to his or her driver’s license.
210.8-5. Drivers shall immediately notify their supervisor of any impairment by a medical or
physical condition or other factor that affects his or her motor skills, reaction time or concentration.
Supervisors shall notify the Human Resources Department, in writing, of such information when
appropriate.
210.9. Motor Vehicle Crashes; or Damage Involving Tribal to Vehicles
210.97-1. This section shall apply in the event a driver is involved in a motor vehicle crash while
driving a Tribal vehicle or a personal vehicle on Tribal business; and/or in the event that a Tribal
vehicle is damaged during use. Provided that, if the Travel and Expense Policy has more restrictive
requirements regarding accident reporting, the provisions of that policy shall apply.
210.9-2. In the event of a motor vehicle crash or damage involving the vehicle, driversfleet vehicle
or personal vehicle driven on official business, an individual shall be subject to the following
reporting requirements; provided that, if a driveran individual sustains injuries that make it
impossible to meet the reporting deadlines identified herein; the driver shall instead make the
required reports as soon as he or she is able to do so:
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(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 intervention by
law enforcement or emergency personnel, or treatment at a medical facility;
orattention;
(2) death of a person; or
(3) damage to property that does not belong to the driver or the Nation; or
(4) a Tribal vehicle being disabled and/or needing to be towed.
(b) immediately report the motor vehicle crash or damage to his or her supervisor. ; and
(c) provide the Fleet Management Department and Risk Management Department with a
completed auto incident report by the end of the next business day immediately following
the motor vehicle crash or damage.
(d) comply with any applicable alcohol and drug testing requirements established in other
laws of the Nation.
210.9-3. Drivers shall follow any additional, applicable motor vehicle crash reporting requirements
for vehicles regulated by a state or federal agency.
210.9-4.7-2. Internal Review. Whenever necessary,The Fleet Management Department and Risk
Management Department shall coordinate and conduct an internal reviewsreview of the auto
incident report for a motor vehicle crash and/or damage to a vehicle crashes involving Tribal
vehicles. Internal reviews may include other personnel as deemed appropriate by .
(a) Fleet Management and Risk Management.
(a) Fleet Management and Risk Management shall have investigative authority to:
(1) determine fault, if not determined by law enforcement; and/or
(2) may recommend whether a driver’s certification an individual should be
suspendedsubject to disciplinary action and/or a driver safety training requirement based
on the motor vehicle crash or incident resulting in damage to a vehicle.
(b) Internal reviews The internal review shall be completed as soon as practicablepossible
after a motor vehicle crash has been reported; and shall be conducted in accordance with
industry standards of practice.
(c) Following an internal review, Fleet Management and Risk Management shall issue an
investigationa report. Copies of the investigation report shall be:
(1) provided to the driver, the driver’s supervisor, and the driver’s area manager;
and
(2) provided to the Human Resources Department if the Fleet Management
Department and Risk Management Department recommend disciplinary action.
210.8supervisor;. Suspension of Driver Certification and Other Enforcement
210.8-1. (2) retained by Fleet Management and Risk Management for a minimum
of three (3) years.
210.9-5. If, while driving a Tribal vehicle, a driver is determined to be, or admittedSuspension 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 nonappealable.
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.
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210.8-3. Length of Suspension. The individual’s driver certification shall be suspended until a
time in which the individual has obtained a valid driver’s license and meets the qualifications for
reinstatement of driver certification.
210.8-4. Notification of Suspension. The supervisor shall notify the Human Resources
Department in writing if he or she suspends the driver certification of an individual and shall
provide the basis for the suspension. Once notified of a suspension of driver certification the
Human Resources Department shall remove the individual from the list of current certified drivers.
210.8-5. Reasonable Accommodations to Suspension. If the suspension of an individual’s driver
certification affects the individual’s ability to perform his or her job duties, a supervisor may take
one of the following actions:
(a) Reassign the individual to a position which does not require driving;
(b) Provide non-driving accommodation within the position;
(c) Remove the driving requirement from the job description;
(d) Place the individual on unpaid leave until the individual obtains his or her driver
certification; or
(e) Terminate the individual because a valid driver’s license is an essential requirement of
the position.
210.8-6. Reinstatement of Driver Certification. An individual may have his or her driver
certification reinstated upon a review by the Human Resources Department that the individual
again meets all the qualifications for driver certification provided for in section 210.4-2.
210.8-7. Other Enforcement Actions. A supervisor may take disciplinary action against an
individual in accordance with the Nation’s laws and policies governing employment if the
individual is an employee, or in accordance with the laws and policies of the Nation governing
sanctions and penalties if the individual is an elected or appointed official of the Nation, for any
of the following actions:
(a) Failing to comply with any provision of this law;
(b) Failing to complete any applicable driver training requirements;
(c) Driving a fleet vehicle without being certified under the provisions of this law;
(d) Admitting to, or being determined to be, partially or entirely at fault in a motor vehicle
crash involving vehicle damage, property damage, or personal injury, the driver may have
his or her certification suspended.; and
210.10. Suspension and Revocation of Certification; Disciplinary Action
210.10-1. Any driver who violates this law may be subject to suspension of his or her vehicle
driver certification, and/or driving privileges.
(a) Driving Privilege Suspensions.
(1) In certain situations, a supervisor may temporarily suspend a driver’s driving
privileges without suspending the driver’s certification. When a driver’s driving
privileges are suspended, the driver shall not be permitted to drive a Tribal vehicle
or to drive a personal vehicle on Tribal business.
(A) A supervisor shall temporarily suspend a driver’s driving privileges:
(1) When the driver is unable to provide proof that the driver carries
any insurance required by this law, or
(2) When the driver has not satisfied any driver training
requirements as required by this law; but has made arrangements to
complete the required driver training within a reasonable period of
time.
(3) Upon request from the Human Resources Department, in
conjunction with the Risk Management Department, pending an
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investigation that appears likely to lead to a suspension of
certification.
(4) In any other situation where the supervisor is unable to determine
whether the driver has valid certification and is eligible to drive a
Tribal vehicle or a personal vehicle on Tribal business.
(B) When a supervisor suspends a driver’s driving privileges; the supervisor
shall promptly notify both the driver and the Human Resources Department,
in writing, of the suspension, including the effective date; as well as the
conditions that the employee is required to meet before the suspension may
be lifted. The supervisor shall also notify both the driver and the Human
Resource Department, in writing, once the driver’s driving privileges are
reinstated.
(C) A driver’s driving privileges shall automatically be reinstated after the
driver satisfactorily fulfills the conditions identified by the supervisor when
the driving privileges are suspended.
(b) Certification Suspensions. A driver shall have his or her certification suspended for any
of the following:
(1) Refusing to allow the Nation or an insurance carrier check his or her driving
record.
(2) Failing to immediately notify his or her supervisor of any information as
required in 210.8-4 or elsewhere in this law.
(3) Noncom
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.