The Spokane Tribe has enacted modified Phase 3 guidelines. See the text below, or you download Spokane Tribal Resolution 2021-263
R E S O L U T I O N
Spokane Tribal Resolution 2021-263
AMENDING RESOLUTION 2021-246 AND ENACTING MODIFIED PHASE 3 COVID-19 GUIDELINES
WHEREAS, the Spokane Tribal Business Council (“Council”) is the duly constituted governing body of the Spokane Tribe of Indians (“Tribe”) by authority of the Constitution of the Spokane Tribe (“Constitution”); and
WHEREAS, the Constitution grants the Council such other powers and authority necessary fulfill its obligations, responsibilities, objectives, and purposes as the governing body of the Tribe; and
WHEREAS, under the Constitution, the Council is charged with the duty of protecting the general welfare of the Tribe and all Reservation residents; and
WHEREAS, on March 16, 2020, via Resolution 2020-154, Council declared a State of Emergency due to the 2019 novel coronavirus (“COVID-19”) pandemic and said State of Emergency continues to remain in effect; and
WHEARAS, on March 24, 2021, the Council approved Resolution 2021-236, which authorized the Tribe to enter Phase 3 of the Tribe’s Reopening Plan (“Phase 3 Plan”); and
WHEREAS, there has been a recent increase in COVID-19 cases and exposures on the Reservation; and
WHEREAS, the Tribe has received safety recommendations from medical experts regarding various activities and concerns; and
WHEREAS, the Emergency Management Team has recommended various changes to the Tribe’s COVID-19 guidelines, including changes to reduce capacity sizes for Religious and Cultural Ceremonies and other large gathering limits to respond to current COVID-19 concerns, information, and infection rates; and
WHEREAS, the Tribe is carefully monitoring the COVID-19 situation on the Reservation and in surrounding counties, as well as updated safety information from the State and the Centers for Disease Control; and
WHEREAS, COVID-19 continues to spread across the Reservation, region, State, United States, and globe, and remains a threat to our community, especially our elders and community members who have underlying health conditions; and
WHEREAS, until there is a widespread vaccination, effective treatment, and/or herd immunity, it is crucial to maintain community interventions to suppress the spread of COVID-19 through all phases of recovery and for the foreseeable future; and
WHEREAS, the Council understands that any reopening plan is subject to modification based on changing information and data, especially if COVID-19 begins to spread at an increased rate for any reason, including increases related to COVID-19 variants/mutations, to protect the general welfare of the Tribe and all Reservation residents; and
WHEREAS, the Council has determined it is necessary and in the best interest of the Tribe and all Reservation residents to implement modified Phase 3 restrictions.
NOW, THEREFORE, BE IT HEREBY RESOLVED, Resolution 2021-236 is amended to enact Modified Phase 3 guidelines as follows; all other provisions of Resolution 2021-236 shall remain in full force and effect:
SPOKANE TRIBE OF INDIANS
Modified Phase 3
I. The following sentences shall replace the definitions of “SOCIAL GATHERING” and “RELIGIOUS OR CULTURAL CEREMINIES” in Section 1 in their entirety:
P. “Social Gathering” means a gathering of any size for social and/or recreational purposes. Social Gatherings include, but are not limited to, community, civic, public, leisure, or sporting events; parades; concerts; parties; festivals; conventions; fundraisers; meals with individuals who are not part of a single household; and similar activities.
W. “Religious or Cultural Ceremony” means any gathering held for a religious or cultural purpose including but not limited to funerals, wakes, weddings, stick game, pow-wows, jump dances, sweats, memorials, and similar traditional ceremonies.
II. The following sentences shall replace the provisions of Section 6 “SOCIAL DISTANCING, SOCIAL GATHERINGS, AND NON-ESSENTIAL TRAVEL” Subsection B in its entirety:
B. Social Gatherings:
i. Indoor Social and At-Home Gatherings shall be limited to a maximum of five (5) individuals outside your household, limit of two (2) households.
ii. Outdoor Social and At-Home Gatherings shall be limited to a maximum of fifteen (15) individuals outside your household, limit of two (2) households.
iii. All Social Gatherings shall be subject to the following:
a. Social Distancing requirements must be followed at all times.
b. Facemasks must be worn at all times.
c. Attendance records documenting all individuals present at a Social Gathering, including staff, must be collected and retained for a period of thirty (30) days. Attendance records documenting all individuals present at a Social Gathering must be collected and retained for a period of thirty (30) days. Upon request, a copy of all attendance records must be given to the Tribal Health Officer, or similar Tribal officer, for contact tracing purposes.
iv. The Social Gathering requirements set forth in this Section shall not apply to the following:
a. Social Gatherings which solely include Household Members;
b. Authorized Religious or Cultural Ceremonies;
c. Other exceptions as expressly authorized by this Resolution or other Emergency COVID-19 Resolution.
v. Where a Family Representative fails to enforce any applicable COVID-19 Emergency Resolution at their Religious or Cultural Ceremony, the Family Representative shall be subject to penalties as set forth in Resolution 2020-166 or other applicable Resolution.
III. The following sentences shall replace the provisions of Section 7 “RELIGIOUS OR CULTURAL CEREMONIES” in its entirety:
7. RELIGIOUS OR CULTURAL CEREMONIES
A. Religious or Cultural Ceremonies may operate subject to all applicable COVID-19 Resolutions such as Face Mask and Social Distancing requirements, and any other reasonable conditions which include, but are not limited to, the requirements outlined in Section 7(B).
B. All Religious or Cultural Ceremonies shall be subject to the following requirements and limitations at all times:
i. All Religious or Cultural Ceremonies, whether indoor or outdoor, shall be limited to two-hundred (200) individuals or 25% of maximum building capacity whichever is less, excluding vendors and staff working at the Religious or Cultural Ceremony.
C. Tribal law enforcement, or a representative designated by the Chief of Police and approved by the Council, may be present at all Religious or Cultural Ceremonies to ensure compliance with all applicable COVID-19 Emergency Resolutions including but not limited to attendance and capacity limits, Social Distancing requirements, and Face Mask use.
D. Where a Family Representative fails to enforce any applicable COVID-19 Emergency Resolution at their Religious or Cultural Ceremony, the Family Representative shall be subject to penalties as set forth in Resolution 2020-166 or other applicable Resolution.
E. Any death benefits which the Tribe may offer for food costs shall be deferred for use at a future memorial in lieu of at a funeral.
IV. The following sentences shall replace the provisions of Section 11 “GYMS AND EXERCISE FACILITIES” Subsection A in its entirety:
11. GYMS AND EXERCISE FACILITIES
A. Gyms and Fitness Facilities may reopen to the general public subject to new restrictions and new occupancy calculations. No Gym or Fitness Facility may operate until it can meet and maintain all the following requirements, including providing materials, schedules, and equipment required to comply with this Section and this Resolution.
i. The facility must calculate allowable customer occupancy by dividing the room size or available floor space by 500 square feet per person
ii. The minimum 500 square feet per person occupancy must be calculated and enforced by the facility for every room in a facility where indoor fitness and training occurs. Each room where indoor fitness and training occurs must be monitored to ensure the 500 square feet per person maximum occupancy is not exceeded.
iii. Face Masks are required at all times.
iv. Individuals may use the facilities for less than an hour at a time.
v. One-on-one instruction and group instruction classes limited less than an hour at a time. Capacity determined by square footage per person.
vi. Stationary fitness equipment must be arranged such that users are not facing each other, regardless of the distance between users.
vii. Squash and racquetball courts open only for individual use and facilities must allow 30 minutes of non-use between each session.
viii. Outdoor group fitness classes limited to a maximum of 20 participants per class at a time in stable cohorts of 5. Face coverings required at all times. Outdoor structures, in order to be considered outdoors, should have no more than two walls to provide appropriate ventilation unless they meet this ventilation requirement; structures can have three walls if another opening exists that is large enough to create cross ventilation.
ix. Unstaffed indoor fitness facilities (examples include apartment and hotel fitness centers) allowed one user per room, scheduled in advance, face coverings required, use of the facilities for no longer than 45 minutes at a time.
V. The following sentences shall replace the provisions of Section 19 “MISCELLANEOUS MEETINGS” in its entirety:
19. MISCELLANEOUS MEETINGS
A. In-person Miscellaneous Meetings, whether indoor or outdoor, shall be limited to two-hundred (200) individuals or 25% of maximum room/area capacity whichever is less, excluding staff.
B. Miscellaneous Meetings shall be subject to the following requirements at all times:
i. Groups of up to ten (10) individuals may be seated together provided that there is six (6) feet of physical distance between groups/tables;
ii. Face Masks must be worn at all times;
iii. Buffet style meals are prohibited;
iv. Venues shall adhere to all other relevant DOH and CDC requirements.
C. The 2021 Spring General Council Meeting shall be held via Zoom only. Employees who are required to attend the 2021 Spring General Council Meeting as part of their job duties may participate via Zoom.
BE IT FURTHER RESOLVED, the Council warns that rollbacks and restrictions could occur, up to and including a full shutdown, depending on COVID-19 trends.
BE IT FURTHER RESOLVED, this Resolution is intended to preserve the peace and welfare of the Tribe and Reservation Residents. Pursuant to RSLOC 14-26.01, all individuals found to have violated any of the limitations or requirements of this Resolution, including but not limited to Face Mask requirements, shall be subject to the penalties as set forth in Resolution 2020-166 or other applicable Resolutions. Penalties authorized by Resolution 2020-166 may include civil or criminal penalties, such as a $500 fine per violation of this Resolution, confinement of up to ninety (90) days, and/or exclusion from the Reservation.
BE IT FURTHER RESOLVED, that the State of Emergency Declared in Resolution 2020-166 continues to exist and shall remain in effect until further Resolution of the Council.
BE IT FURTHER RESOLVED, except as expressly modified by this Resolution, all provisions and sections of Resolution 2021-198 and all amendments thereto shall remain in full force and effect until further resolution of the Council.
BE IT FINALLY RESOLVED, that this Resolution is effective as of the date of certification below and shall remain in effect until May 1, 2021 at which point the Phase 3 COVID-19 guidelines enacted by Resolution 2021-236 shall resume. Any definitions changed by this Resolution shall remain in effect until further resolution by the Tribal Council.