Resolution No. _ _ _

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Resolution No. _ _ _

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RESOLUTION

COLORADO RIVER TRIBAL COUNCIL

A Resolution to Approve a Modification to the Employee COVID-19 Vaccination Policy

Be tt resolved by the Tribal Council of the Colorado River Indian Tribes of the Colorado River Indian Reservation, in special meeting assembled

November 29 2021

on

WHEREAS, the Colorado River Indian Tribes (hereinafter "CRIT" or "Tribes") is a federally

recognized Indian Tribe, duly organized with a tribal governing body known as

the Tribal Council according to the provisions contained in the Indian

Reorganization Act of June 18, 1934; and

WHEREAS, Article VI, Section 1(i) of the Constitution of the Colorado River Indian Tribes

authorizes the Tribal Council to determine all terms and conditions of

employment of all persons employed by the tribes and Section 1(g) authorizes

the Tribal Council to promulgate ordinances and resolutions to provide for the

administration of the health, education and welfare of the tribes; and

WHEREAS, the World Health Organization declared a Public Health Emergency of

International Concern on January 30, 2020; the United States Health and

Human Services declared a Public Health Emergency related to the

Coronavirus Disease 2019 (COVID-19) outbreak on January 31, 2020; the

World Health Organization officially declared a pandemic due to COVID-19 on

March 11, 2020; and the United States declared a National Emergency on

March 13, 2020; and CRIT also declared an emergency for the Reservation on

13,2020;and

WHEREAS, GRIT Tribal Council previously approved an Employee Vaccination Policy

mandating all employees to be fully vaccinated against COVID-19 to mitigate

further spread or severe illness by Resolution No. 296-21; and

WHEREAS, GRIT Tribal Council wishes to provide employees additional time to complete

their COVID-19 vaccination.

The foregoing resolution was on _ _ ___,N.,_o"'v"'e"'m_,_,,,,b:,:e,_r-=2"'9"-=2""0=2--'1____ duly approved by a vote of

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against and _

vested in it by Sections

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for,

__,O,,___ abstaining, by the Tribal Council of the Colorado River Indian Tribes, pursuant to authority

1.i.&.g. , Article VI

of the Constitution and By laws of the Tribes, ratified by the Tribes on

March 1, 1975 and approved by the Secretary of the Interior on May 29, 1975, pursuant to Section 16 of the Act of June 18,

1934, (46 Stat. 984). This resolution is effective as of the date of its adoption.

COLORADO RIVER TRIBAL COUNCIL

By

-

Chairwoman

/---gsfotary

RESOLUTION NO. R- 458-21

NOVEMBER 29, 2021

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NOW, THEREFORE, BE IT RESOLVED by the Tribal Council of the Colorado River Indian

Tribes to modify the Employee Vaccination Policy, a copy of which is attached

and incorporated hereto; and

BE IT FURTHER RESOLVED all employees of CRIT, including the BlueWater Resort &

Casino, shall be vaccinated against COVID-19 no later than December 31,

2021 unless they are approved for a religious or medical exemption; and

BE IT FURTHER AND FINALLY RESOLVED the Tribal Council Chairwoman and Secretary,

or their designated representatives, are hereby authorized and directed to

execute any and all documents necessary to implement this Resolution.

COLORADO RIVER INDIAN TRIBES

Employee COVID-19 Vaccination Policy

The Colorado River Indian Tribes ("CRIT" or "the Tribes") continue to take every reasonable measure

to protect their members and employees during the ongoing COVID-19 pandemic. Accordingly, the

Tribes have developed the following comprehensive COVID-19 Policy which governs COVID-19

vaccination requirements and other guidance intended to help employees safely navigate through this

pandemic. This Policy applies to all persons employed by the CRIT Government or any CRIT

enterprise, including the BlueWater Resort & Casino ("BWRC").

Effective immediately, to avoid the further spread of the virus, the Tribes are implementing the

following steps:

Mandatory Vaccination

•

•

All employees must be fully vaccinated before appearing for work on-site no later than

December 31, 2021. Proof of vaccination is required. In general, people are considered fully

vaccinated:

o 2 weeks after their second dose in a 2-dose series, such as the Pfizer or Modema

vaccines, or

o 2 weeks after a single-dose vaccine, such as Johnson & Johnson's Janssen vaccine.

o However, for the purposes of this policy employees must have received the second dose of

Pfizer or Modema or the one dose of Johnson & Johnson by December 31, 2021. It is not

required to have the dosing completed two weeks prior to December 31, 2021.

If you have been vaccinated, please send a photographed copy of both sides of your vaccination

card, state immunization record, or medical immunization record to the Human Resources

Department to the Attn of the Human Resources Director/Manager ofCRIT or BWRC as

applicable. The Human Resources Department/Manager will treat this information as a

confidential medical record within HR and will maintain these records in a location separate

from employee personnel files.

• Employees shall receive COVID-19 administrative leave for time off to be vaccinated and up to

two days to recover from side effects of the vaccine without a medical certification. Any

additional time off needed and requested by the employee shall be approved under the Tribes

sick leave policy aod the medical disability leave policy as applicable.

• Exemptions from the maodatory vaccination requirement will apply only for medical or religious

reasons. If you believe that you are eligible for a medical or religious exemption, please contact

the Humao Resources Director/Manager of CRIT or BWRC as applicable. The Tribes do not

intend to offer exemptions to the maodatory vaccination requirement for reasons other thao the

accommodation of either a disability or a sincerely held religious belief. All medical exemption

requests must be written by a licensed medical care provider that has treated or examined the

patient and must include specifics about the medical contraindication or diagnostic precaution

that supports the request. These requests are subject to review aod approval by the Tribes

contracted physician.

• Exemptions requested because of a sincerely held religious belief, practice, or observaoce will be

evaluated on a case by cases basis to ensure the request does not cause ao undue hardship by

compromising workplace safety or infringing on the rights of other ,employees, or if applicable,

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the clients served by the employee.

•

Failure to be fully vaccinated or approved for a medical or religious exemption by December 31,

2021, except where an employee requests an extension due to a recent positive case of COVID19, will result in release from employment.

Testing Where Exemption is Permitted

•

Employees who are determined to have a legitimate medical or religious exemption shall be

required to submit to weekly COVID-19 testing before appearing for work on-site. Employees

have two options for testing.

1) Employees ofCRIT can contact Fawn Tahbo or other designee in the Human

Resources Department to be scheduled for testing weekly by Regional Center for

Border Health, Inc. The cost of testing conducted at Regional Center for Border

Health, Inc. shall be covered by the Tribes if not eligible for coverage by the

employee's health plan. Those results will be provided and maintained in a restricted,

confidential file at the Office of Attorney General.

2) Employees ofBWRC can contact the Human Resources Manager to be scheduled for

testing weekly by Regional Center for Border Health, Inc. The cost of testing

conducted at Regional Center for Border Health, Inc. shall be covered by BWRC if

not eligible for coverage by the employee's health plan. The Human Resources

Department will treat this information as a confidential medical record and will

maintain these records in a location separate from employee personnel files.

3) Employees can schedule and complete COVID testing through a medical provider of

their choice and at their own cost, including but not limited to Indian Health Services

or La Paz County Regional Hospital. Test results are to be submitted to Human

Resources Department, Attn of the Director/Manager. Testing must be conducted no

more than seven days apart and must be provided before appearing for work. The

Human Resources Department will treat this information as a confidential medical

record and will maintain these records in a location separate from employee personnel

files.

Testing Results

•

Employees should continue to follow the CDC guidelines and the CRIT Policy Related to

COVID-19 Exposure in the Workplace or BWRC COVID-19 Policy, as applicable, with respect

to COVID-19 exposure and testing.

• If you receive a positive diagnosis ofCOVID-19 or are experiencing symptoms ofCOVID-19

you must advise your Department Head/Enterprise Manager as soon as possible and stay home

from work. Please refer to the CRIT Policy Related to COVID-19 Exposure in the Workplace or

BWRC COVID-19 Policy for further guidance on isolation requirements.

• If you believe that you are experiencing COVID-19 symptoms while at work:

o Let your Department Head/Enterprise Manager know immediately. You will be sent

home as soon as possible.

o We will clean and disinfect any surface areas where you worked or touched in

accordance with CDC cleaning guidelines. Our primary focus is on your wellbeing,

however, and we will assist you in making arrangements to go home to quarantine,

arrange testing and/or to seek the services of a health care provider as necessary.

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Exposure or Potential Exposure

If you do not exhibit symptoms, but have been exposed by a coworker or close contact 1 who is

positive or shows COVID-19 symptoms and are waiting for test results inform your Department

Head/Enterprise Manager if you have been or may have been exposed outside of the workplace.

Please refer to the CRIT Policy Related to COVID-19 Exposure in the Workplace or BWRC

COVID-19 Policy for further guidance on testing and quarantine requirements.

Other Requirements

While on Tribal property, all employees must:

•

•

•

•

•

Wash hands frequently and vigorously for at least 20 seconds, including when you arrive at

work, before and after you leave for breaks, after using the bathroom, before and after you eat or

drink or use tobacco products, and after you touch any surface that you suspect might be

contaminated. If hand washing facilities are not available, use hand sanitizer that is comprised of

at least 60% ethanol or 70% isopropanol.

Maintain a distance of at least six feet from others at all times while at work except where the

duties of the positive prevent such distance.

Regardless of your vaccination status, wearing a mask is mandatory at all times while on Tribal

Property, unless you have a medical condition, documented by your physician, that prevents you

from wearing a mask. In such cases, we will work with you to attempt to determine a reasonable

accommodation.

Do not touch your eyes, nose, or mouth after you have touched surfaces in public areas of the

workplace and have not yet been able to wash your hands.

If using a cloth mask, make sure to store your cloth mask properly and wash it regularly to keep

it clean. Consider having more than one mask on hand so that you can easily replace a dirty mask

with a clean one. Make sure to remove your mask correctly and wash your hands after touching a

used mask. Masks are a critically important tool for reducing the transmission of COVID-19

because recent studies indicate that the virus is often spread through droplets and aerosols in the

air as a result of breathing, talking, coughing, or sneezing.

We are making every effort to comply with all applicable laws and to take necessary steps to protect the

safety of our employees and members. We ask that each of you take your responsibilities under this

Policy seriously and comply with these requirements. Failure to comply with this Policy may result in

discipline up to and including termination in the most serious cases. However, it is our hope that will

not become necessary and that we will all take steps to protect each other consistent with this Policy.

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Close Contact may include family member, coworker, roommate, significant other, friend, neighbor, or

someone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more over a

24-hour period* starting from 2 days before illness onset (or, for asymptomatic patients, 2 days prior to

test specimen collection) until the time the patient is isolated.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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