STOI Partial Shutdown Extended to May 31, 2020

STOI Partial Shutdown Extended
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EXTENDING PARTIAL TRIBAL SHUTDOWN TO MAY 31, 2020 DUE TO THE COVID-19 PANDEMIC AND ONGOING STATE OF EMERGENCY, AND AMENDING RESOLUTION 2020-166 REGARDING ESSENTIAL PERSONNEL, CAMPING, AND FISHING.
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, the Council declared a State of Emergency due to the 2019 novel coronavirus (“COVID-19”) pandemic; and
WHEREAS, on March 16, 2020, via memorandum signed by Chairwoman Evans, the Council announced a partial shutdown of all Spokane Tribal operations (“Tribal Shutdown”) until March, 30, 2020; and
WHEREAS, on March 20, 2020, the Council approved policies for COVID-19 Emergency Leave and COVID-19 Sick Leave via Resolution 2020-158 (“COVID-19 Leave Policies”).
WHEREAS, on April 1, 2020, via Resolution 2020-166, the Council issued a “Stay at Home” order for all Reservation residents establishing social distancing requirements, closing camping, and limiting fishing, among other guidance (the “Tribal Stay Home Order”), and also extended the Tribal Shutdown and Policies until April 13, 2020; and
WHEREAS, on April 6, 2020, via Resolution 2020-173, the Council extended the Tribal Shutdown and camping closures and fishing limitations to May 4th, 2020; and
WHEREAS, on May 1, 2020, via Resolution 2020-196, the Council again extended the Tribal Shutdown to May, 8th, 2020; and
WHEREAS, COVID-19 continues to spread across the globe and in our region, and
WHEREAS, the Centers for Disease Control (“CDC”) continues to recommend Social Distancing by limiting ones contact with others, avoiding mass gatherings, and maintaining a distance of approximately 6 feet from others; and
WHEREAS, COVID-19 remains a threat to our community, especially our elders and community members who have underlying health conditions; and
WHEREAS, the Executive Leadership Team recommends extending the Tribal Shutdown until May 31, 2020; and
WHEREAS, the Spokane Tribal Department of Natural Resources (“DNR”) has submitted recommendations for a limited reopening of camping and fishing; and
WHEREAS, the Council has determined that is in the best interest of the Tribe to adopt the recommendations from the Emergency Leadership Team and DNR; and
WHEREAS, the Council has determined that is in the best interest of the Tribe to extend the Tribal Shutdown; and
WHEREAS, any reopening plan is subject to modification or reversal based on changing information and data, especially if COVID-19 begins to spread at an increased rate for any reason, to protect the general welfare of the Tribe and all Reservation residents.
NOW, THEREFORE, BE IT RESOLVED, that the Tribal Shutdown is hereby extended until at least May 31, 2020. Additional updates and information regarding closures and availability of governmental services during this partial shutdown may be obtained from the Public Information Officer and the Rawhide Press.
BE IT FURTHER RESOLVED, that Tribal directors and managers are hereby authorized to utilize their own discretion when determining whether any employee under their supervision is an essential employee for purposes of Resolution 2020-166, Section 3, Subsection C, provided any applicable safety requirements are met including sufficient amounts of personal protective equipment and procedures to limit the exposure to and spread of COVID-19.
This designation allows directors and managers to bring tribal employees back to work when it is appropriate and safe to do so from a public health perspective and based on the department or program’s unique resources and needs.
BE IT FURTHER RESOLVED, that the COVID-19 Leave Policies set forth in Resolution 2020-158, and as clarified in Resolution 2020-196, are hereby extended through May 31, 2020, and such COVID-19 Leave Policies shall continue to constitute the Tribe’s policy of paying salaries under unexpected or extraordinary circumstances for purposes of 2 CFR § 200.403, 2 CFR § 200.404, and 2 CFR § 200.405.
BE IT FURTHER RESOLVED, that authorized fishing and camping, as described herein or by further Council resolution, shall be considered “outdoor exercise activities” for purposes of Resolution 2020-166, Section 3, Subsection B, Part iv.
BE IT FURTHER RESOLVED, that the fishing restrictions imposed by Resolution 2020-166 are hereby amended as follows:
1. ​Camping:
A. ​Day Camping shall remain limited to Members, Spouses, Descendants, and Residents, subject to Social Distancing requirements until further Resolution of the Council.
B. ​Day Campers must continue to remove all vehicles, campers, trailers, and all equipment and belongings from all Recreational Areas from the hours of 9 PM to 5 AM on a daily basis.
2. ​Overnight Camping:
A. ​Overnight Camping shall open only to Members and individuals in their immediate household beginning May 15, 2020, except as described in Section 2(B) below, and subject to Social Distancing requirements.
B.​The Two Rivers RV Park shall open to the general public for Overnight Camping beginning May 15, 2020, subject to strict Social Distancing requirements. All other Recreational Areas shall remain closed to the general public.
3. ​Fishing:
A. ​Reservation-wide fishing shall remain limited to Members, Spouses, and Descendants, except as described in Section 3(B) below, and subject to Social Distancing and applicable license or permit requirements.
B. ​Non-Members and Non-Indians may engage in fishing at Little Falls and the Two Rivers Marina, and these locations only, effective immediately and subject to Social Distancing requirements and applicable license or permit requirements. All other water bodies and Recreational Areas shall remain off-limits to Non-Members and Non-Indians.
4.​Definitions: the terms and phrases used herein are defined as follows:
A.​“Member” means an enrolled member of the Spokane Tribe of Indians.
B.​“Descendant” means the first-generation child of a Member.
C.​“Spouse” means an individual legally married to a Member.
D.​“Resident” means an individual who resides on the Spokane Indian Reservation and includes moorage customers located at Two Rivers Marina.
E.​“Non-Member” means an individual enrolled in any federally recognized Indian tribe other than the Spokane Tribe of Indians. Spouses and Descendants are excluded from the definition of Non-Member for purposes of this Resolution.
F.​“Non-Indian” means an individual who is not enrolled in a federally recognized Indian tribe. Spouses and Descendants are excluded from the definition of Non-Indian for purposes of this Resolution.
G.​“Recreational Area” means recreational resources, including but not limited to campgrounds and areas around lakes, streams, and rivers.
H. ​“Social Distancing” means maintaining a distance of at least six feet from any person who is not a member of their immediate household, avoiding public and private gatherings regardless of size, and other limitations and requirements as set forth in Resolution 2020-166.
I. ​“Day Camping” means utilization of Recreational Activities for any reason during the day.
J. ​“Overnight Camping” means utilization of Recreational Activities which include an overnight component.
BE IT FURTHER RESOLVED, that this Resolution is intended to preserve the peace and welfare of the Tribe and Reservation Residents. Pursuant to RSLOC 14-26.01 individuals found to have violated the terms and conditions of this Resolution shall be subject to the penalties as set forth in Resolution 2020-166.
BE IT FINALLY RESOLVED, that the sections of this Resolution which address essential personnel, camping, and fishing shall remain in effect until the Stay at Home Order declared in Resolution 2020-166 is ended or by further Resolution of the Council, whichever occurs first.