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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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

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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-__-__-__-__.

2 O.C. 210 – Page 7

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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

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Oneida Business Committee (2020) | Frix